The hardest countries for Aussies to get into - Traveller

Traveller

The hardest countries for Aussies to get into Traveller According to the index, Australian passport holders are granted visa-free entry to 169 countries. That's just eight less than the first-place German passport, yet that consigns us to eighth place. We're pipped at the post by passport holders of 23 ...

Originally Published here: The hardest countries for Aussies to get into - Traveller

Cancellation of visa scheme was a betrayal, Australian couple tell MPs - The Guardian

The Guardian

Cancellation of visa scheme was a betrayal, Australian couple tell MPs The Guardian An Australian couple facing deportation from Scotland along with their Gaelic-speaking son have told MPs how a “relatively straightforward” visa arrangement resulted in “an extraordinary betrayal of trust”. Gregg and Kathryn Brain, who have lived in ... Minister's no-show as Brain family tell MPs of visa 'injustice'The National Deportation-threatened Brain family to give evidence to MPsHerald Scotland all 7 news articles »

Originally Published here: Cancellation of visa scheme was a betrayal, Australian couple tell MPs - The Guardian

The hardest countries for Aussies to get into - Traveller

Traveller

The hardest countries for Aussies to get into Traveller According to the index, Australian passport holders are granted visa-free entry to 169 countries. That's just eight less than the first-place German passport, yet that consigns us to eighth place. We're pipped at the post by passport holders of 23 ...

Originally Published here: The hardest countries for Aussies to get into - Traveller

Cancellation of visa scheme was a betrayal, Australian couple tell MPs - The Guardian

The Guardian

Cancellation of visa scheme was a betrayal, Australian couple tell MPs The Guardian An Australian couple facing deportation from Scotland along with their Gaelic-speaking son have told MPs how a “relatively straightforward” visa arrangement resulted in “an extraordinary betrayal of trust”. Gregg and Kathryn Brain, who have lived in ... Minister's no-show as Brain family tell MPs of visa 'injustice'The National all 8 news articles »

Originally Published here: Cancellation of visa scheme was a betrayal, Australian couple tell MPs - The Guardian

My Employer Sold His Business - Does My 2 Years Restart on a 457 Visa?

A very common pathway for skilled workers to gain their permanent residency is to apply under the 'Temporary Transition Stream' of the Subclass 186 (ENS) visa or Subclass 187 (RSMS) visa. Accordingly, this stream requires that applicants have worked for their sponsors for at least two years in their skilled occupation and are then nominated by their employer for permanent residency.

However, sometimes issues arise when during this 2 year period the employer re-structures or is sold to another entity who takes control of the pre-existing business. Importantly, it used to be the case that if a consequence of this type of business restructure/sale meant that a 457 visa holder was now being employed by a entity that had a new ABN to the previous sponsor, then unless those entities were associated in law, then the 457 visa holders would have a very difficult time arguing that they had worked for the same employer for 2 years when applying for their residency. Long story short, if a new ABN took over, then it was very likely that the 2 year calculation would 'restart' with that new company.

Thankfully, the DIBP changed their policy and now apply a much more flexible and common sense approach to the issue. Accordingly, as it stands currently, when assessing whether or not an applicant meets the 2 year requirement, the DIBP will ask the following three (3) questions, and if all three can be answered 'yes', then in most cases, an applicant will meet the criteria:

1. Is the nominee still working in the same position, performs the same duties and has the same working conditions in the required 2 year period, regardless of the change of sponsor?
2. Does the nominee report to the same management structures?
3. Has the nominator retained the same business name and/or operations, but is considered to be a new legal entity?

Accordingly, the policy intention is to allow 457 visa holders to apply under the Transition Stream that 'have been affected by circumstances outside of their control, such as their employer undergoing a business restructure, takeover, sale or closure'. What this tells us is that as long as there is a direct link from the previous entity to the current sponsor (i.e a takeover or sale) then it is likely that applicants will not be assessed too harshly at the DIBP and meet the 2 year requirement.

Importantly however, 457 visa holders are advised to be aware that there is also a separate requirement that the new entity that is nominating them for their permanent residency must also be their current 457 sponsor. To clarify, this means that if Company A is bought out by Company B, then any 457 visa worker who was originally sponsored under Company A must first have their 457's transferred to Company B before Company B can sponsor them for permanent residency. 

Readers are also suggested to consider that if applicants are formally qualified in their occupation and have at least 3 years full time experience in their field after their qualifications, then they may be eligible to apply for permanent residency without having to wait 2 years on a 457 visa. This even applies to those who are already on a 457 visa and may perhaps be eligible sooner than waiting the full 2 years.

If you require the assistance of a Immigration Lawyer in Brisbane City today, then give us a call on 1300 MIGR8TE (644 788) or send your questions to enquiry@salvomigration.com.au.

Also, click here for more great blogs by our Migration Agents.

Otherwise you can contact us at the following address:

Salvo Migration
320 Adelaide St
Brisbane QLD 4000
https://goo.gl/Bao5ma  

Originally Published here: My Employer Sold His Business - Does My 2 Years Restart on a 457 Visa?

Originally Published here: My Employer Sold His Business - Does My 2 Years Restart on a 457 Visa?

Cancellation of visa scheme was a betrayal, Australian couple tell MPs - The Guardian

The Guardian

Cancellation of visa scheme was a betrayal, Australian couple tell MPs The Guardian An Australian couple facing deportation from Scotland along with their Gaelic-speaking son have told MPs how a “relatively straightforward” visa arrangement resulted in “an extraordinary betrayal of trust”. Gregg and Kathryn Brain, who have lived in ... Deportation-threatened Brain family to give evidence to MPsHerald Scotland all 5 news articles »

Originally Published here: Cancellation of visa scheme was a betrayal, Australian couple tell MPs - The Guardian

Australian working holiday 417 and 462 visa tax delayed - Workpermit.com

Australian working holiday 417 and 462 visa tax delayed Workpermit.com The Australian Federal government has delayed plans to tax the earnings of Australian working holiday visa holders on 462 and 417 visas by six months. However, if similar changes go through new tax rules from 1 January 2017 could see 'backpackers' ...

Originally Published here: Australian working holiday 417 and 462 visa tax delayed - Workpermit.com