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Erskine Rodan & Associates

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Erskine Rodan & Associates

Erskine Rodan & Associates - your leading Immigration Lawyers.

10/10/2024

In July 2024 the Workplace Justice visa pilot program commenced, as a stream of the Temporary Activity (subclass 408) visa.

The Workplace Justice visa enables a temporary migrant worker to remain in Australia for a period of time to undertake a workplace justice activity in relation to a matter of workplace exploitation.

Matters relating to workplace exploitation include, but are not limited to, underpayment or non-payment of wages or other workplace entitlements, unlawful unpaid or underpaid training or trials, up-front payment or deposit for a job, unlawful deductions from wages, unfair dismissal, non-compliance with workplace health and safety requirements, bullying, discrimination, and sexual harassment.

The visa is only available to temporary migrants who are in Australia, and who have certification regarding their workplace exploitation matter from a participating government entity or accredited non-government party. There are various legal centres, trade unions, and professional associations who are prescribed as certifying bodies in this context, as well as the Fair Work Ombudsman.

Workplace Justice visa holders are able to work in Australia in order to support themselves while they pursue workplace justice.

For advice and/or assistance, please call us on +61 3 9329 8744 or email us at [email protected]

03/10/2024

On 1 October 2024 the pre-application ballot opened for prospective Work and Holiday (subclass 462) visa applicants from China, India, and Vietnam.

To enter the ballot, applicant’s must hold a passport and national identity card issued by an eligible participating country, be aged between 18 and 30, and pay the registration fee of AUD $25.00.

Registrants in the ballot can be in or outside of Australia, however if an applicant is selected to apply for the Subclass 462 visa, they must be outside of Australia at the time that the visa application is lodged.

Registrations will remain in the selection pool until 30 April 2025, when all registrations for this program year expire.

For advice and/or assistance, please call us on +61 3 9329 8744 or email us at [email protected]

13/02/2024

On 1 February 2024 changes were made to what constitutes ‘specified work’ for Working Holiday (subclass 417) and Work and Holiday (subclass 462) visa purposes.

Specified work in this context is relevant to a Subclass 417/462 visa holder’s eligibility to apply for second and third Subclass 417/462 visas.

The amendments extend specified work beyond flood and bushfire recovery to include recovery work undertaken in specified flood, cyclone and other severe weather affected areas.

Further, the amendments expand the areas of Australia where recovery work can be undertaken where the area is affected by bushfire, flood, cyclone, or other severe weather.

Specified work carried out in an area affected by flood, cyclone, or other severe weather includes:

- Clean up, construction, or any other work in association with restitution or restoration of services, land, waterways, property, or infrastructure; and
- Work providing support services or assistance to people living, working, or volunteering in the area affected by flood, cyclone, or other weather.

For advice and/or assistance, please call us on +61 3 9329 8744 or email us at [email protected]

08/02/2024

Happy year of the Dragon!

We wish our clients, colleagues and friends a joyful celebration of the Lunar New Year.

May this new year bring you good health and good fortune.

06/02/2024

In 2019, the Australian Government implemented the Visas for GPs initiative. This was directed at assisting in managing the growth in Australia’s medical workforce by regulating the number of doctors entering Australia to work in the primary healthcare sector in what were considered to have been well-serviced major capital cities and metropolitan areas, through the skilled migration program.

This meant that employers nominating a position in certain healthcare occupations to be filled by a doctor who required a visa to work in Australia were required to obtain certification from a Rural Workforce Agency (RWA) in the form of a Health Workforce Certificate (HWC) or a Health Workforce Exemption Certificate (HWEC) as applicable.

In September 2023, the HWC and HWEC requirements were removed, in recognition of the widespread shortage of doctors in Australia.

As such, employers wishing to sponsor doctors for Temporary Skill Shortage (subclass 482), Employer Nomination Scheme (subclass 186), and Skilled Employer Sponsored Regional (subclass 494) visas are no longer required to obtain certification from a RWA in order to apply.

For advice and/or assistance, please call us on +61 3 9329 8744 or email us at [email protected]

01/02/2024

On 22 December 2023 the Skilled – Recognised Graduate (subclass 476) visa was capped by the Australian Government, meaning that no further Subclass 476 visas will be granted this program year.

The Subclass 476 visa is a specialised graduate visa for people under 31 years of age who have completed an engineering qualification at certain specified educational institutions in the past 2 years.

The Department capped the Subclass 476 visa by specifying that the maximum number of Subclass 476 visas that may be granted in the 2023-24 financial year is 3,735.

The effect of this is that when 3,735 Subclass 476 visas have been granted in this financial year, all remaining applications that are still awaiting decision will be taken not to have been made.

As the application is taken not to have been made, any visa application charge that was paid in respect of the application must be returned to the applicant. According to the Department, applicants who have a Subclass 476 visa application pending will be able to apply for a repayment of their visa application charge, and will be sent instructions on how to make this application.

The Department suggests that the Subclass 476 visa is likely to be repealed in the future.

For advice and/or assistance, please call us on +61 3 9329 8744 or email us at [email protected]

30/01/2024

From 1 February 2024 the COVID-19 Pandemic will no longer constitute an Australian Government Endorsed Event (AGEE) for Temporary Activity (subclass 408) visa purposes, in accordance with the announcements made in August 2023.

While the COVID-19 Pandemic was removed as an AGEE for new applicants from 2 September 2023, it has still been available for existing Subclass 408 visa holders in the intervening time.

According to the Department: “The closure of the Pandemic event visa will better regulate Australia’s visa system now that the circumstances that drove the operation of the visa no longer exist.”

For advice and/or assistance, please contact us on +61 3 9329 8744 or email us at [email protected]

24/01/2024

Friendly reminder that our office will be closed tomorrow, 26 January 2024 for the Australia Day public holiday.

A big congratulations to all of our clients, colleagues and friends who will become Australian citizens at ceremonies across the country tomorrow and over the coming days!

23/01/2024

In order to nominate a foreign skilled worker for Temporary Skill Shortage (subclass 482) visa purposes, businesses must meet the Labour Market Testing requirements, unless they and their nominee fall within an exemption or are able to provide alternative evidence.

From 11 December 2023, the Australian Government removed the requirement for a sponsoring employer to advertise the nominated position on the Workforce Australia website in order to meet the Labour Market Testing requirements.

This also means that the sponsoring employer now only needs to complete a compliant period of Labour Market Testing across two valid advertisements, rather than three.

For advice and/or assistance, please call us on +61 3 9329 8744 or email us at [email protected]

18/01/2024

The Innovation and Early Careers Skills Exchange Pilot (IECSEP) forms part of the Australia-United Kingdom Free Trade Agreement (A-UKFTA) and provides new opportunities for United Kingdom citizens to take their next career step in Australia.

The IECSEP establishes a new and streamlined mobility pathway for early career professionals and demonstrated innovators from the UK.

There are two streams under IECSEP:

• the Early Careers Skills stream, which will allow participants to undertake a short-term placement, secondment, or intra-corporate transfer in Australia for up to one year.

• the Innovation stream, which will allow highly skilled and experienced participants, with a demonstrated contribution to innovation, to undertake opportunities in Australia for up to three years.

All IECSEP applicants must have a confirmed job in Australia to be eligible to participate in the IECSEP, and must provide specific documentation in relation to their proposed employment in Australia to the Department of Foreign Affairs and Trade when they apply to join the Pilot.

Approval of an IECSEP application by DFAT then allows an applicant to apply for a Temporary Work (International Relations) (subclass 403) visa in the Government Agreement stream through the Department of Home Affairs.

The total visas available under the IECSEP will be 1,000 in the first year, and 2,000 in the second year of operation, during which the program will be reviewed.

The IECSEP is presently open for applications.

For advice and/or assistance, please call us on +61 3 9329 8744 or email us at [email protected]

16/01/2024

As part of the its Migration Strategy, the Australian Governent has announced various changes for Student (subclass 500) and Temporary Graduate (subclass 485) visas, intended to be implemented in 2024.

These include changes to English language requirements for Subclass 485 visa applicants, with minimum scores to be increased to IELTS 6.5 (or equivalent), and test validity periods decreased to one year. For Subclass 500 visa applicants, it is intended that minimum English scores will be inceased for ELICOS and University Foundation or Pathway programs in early 2024.

Further, it has also been announced that a new Ministerial Direction addressing the ‘Genuine Student’ requirements will be implemented in early 2024, outlining key areas of consideration in this context including the circumstances of the applicant, their academic or career progression and relevance of the intended study to future career prospects, and their knowledge of and interest in the chosen course of study.

For advice and/or assistance, please call us on +61 3 9329 8744 or email us at [email protected]

11/01/2024

Working Holiday (subclass 417) and Work and Holiday (subclass 462) visas are subject to Condition 8547, which limits the visa holder to working for any one employer in Australia (at any one location) for a maximum of 6 months.

On 19 January 2022, the 6-month work limitation was temporarily relaxed. The relaxation of this condition was initially in effect until 31 December 2022, and was then extended until 30 June 2023.

The limitation was then re-introduced from 1 July 2023, with any work completed by the visa holder prior to 1 July 2023 not counting toward the allowable 6 months.

From 1 January 2024, Working Holiday Makers need to request permission from the Department of Home Affairs if they wish to work with their employer for more than 6 months, unless their work is:
• in different locations and work in any one location does not exceed 6 months
• in plant and animal cultivation anywhere in Australia
• in certain industries, including aged care and disability services, fishing and pearling, tree farming and felling, construction and mining, in northern Australia only
• natural disaster recovery work
• in critical sectors, including agriculture, food processing, health, aged and disability care and childcare, anywhere in Australia
• in the critical sector of tourism and hospitality anywhere in Australia.

For advice and/or assistance, please call us on (03) 9329 8744 or email us at [email protected]

Address

1/13 Errol Street
North Melbourne, VIC
3051

Opening Hours

Monday	9am - 5:30pm
Tuesday	9am - 5:30pm
Wednesday	9am - 5:30pm
Thursday	9am - 5:30pm
Friday	9am - 5:30pm

Telephone

+61393298744

Website

http://erskinerodan.com.au/

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