Despite the strong rhetoric from the Minister, the Skilled Migration program at 128,550 remains double that of the Family Migration stream with only 60,885.
The only notable features are a combination of rises in fees and introduction of new fees for visa applications and other charges forecast to net the Government an additional $67 million over the coming 4 years.
For employers of overseas skilled workers this means they can expect an increase in Sponsor Monitoring activity and an increase in the sanctions for non-compliant employers in the form of fines. It will also mean that the cost of sponsoring their employees will increase due to the rises in the fees and charges associated with that sponsorship.
There were a number of minor changes to both the revenue and expenditure measures in the budget in the immigration related matters. The migration program remains broadly on track with a slight increase in the number of places from the previous year.
Revenue Measures
The immigration related revenue measures mainly relate to the introduction of "employer fines" for breaches of immigration obligations for employers including those employers that refer for work or hire a non‑citizen who does not have work rights, or undertake actions that would cause a person to breach their visa conditions. In conjunction with the graduated tiers of employer sanctions, there is also a related program to boost awareness of employers' obligations and improvements to the Visa Entitlement Verification Online (VEVO).
Further, government revenues are also anticipated to rise for visa charges for optional visa services.
Expense Measures
The expense measures are not significant but there are a few of items which may be relevant to employers.
Under current arrangements, visa applicants are refused entry to Australia where the estimated costs of treating a pre‑existing health condition are above the Significant Cost Threshold set at $21,000.
Announced reforms will increase the Significant Cost Threshold from $21,000 to $35,000 to better reflect current health costs.
Other announced measures have largely already been implemented earlier in the year with the reduction in the number of visa categories for the Permanent employer sponsored program.
The Government will provide $1.3 million over two years to improve the Permanent Employer Sponsored Program. This builds on the 2011‑12 Budget announcement that the Government would streamline and simplify the pathway to permanent residency for Temporary Business (Long Stay) (Subclass 457) visa holders. The reforms streamline six visa classes to two (the Employer Nomination Scheme and theRegional Sponsored Migration Scheme), amend a range of eligibility requirements for the visa classes, and consolidate the existing sponsored occupation lists into one.
Thank you all for your outstanding efforts.
Vladislav Konogorov
Principal Technical Professional
Cementing Services Halliburton Australia Pty Ltd
The Australian Taxation Office will scour the details of 1 million Australian visa holders in the hunt for fraud, tax-law breaches and cases of people flouting work rights.
Previous data-matching programs in 2010 and 2011 found an ''elevated level of risk'' of non-compliance and fraud linked to temporary working visas.
[The program would] ensure that locals are not missing out on work opportunities to visitors who do not have the correct work rights.
Two months ago, Prime Minister Julia Gillard vowed to end alleged rorting of the 457 skilled worker visa program, sparking claims she was exaggerating the scale of the problem.
The Tax Office confirmed the Department of Immigration and Citizenship would provide it with names, addresses and other details of the holders of 27 types of visas, including skilled workers, students, working holiday makers, medical practitioners and diplomatic staff.
The data exchange will include international travel movements by the visa holder, the place the person intended to study, details of immigration agents, and whether the visa has been cancelled.
''These will be electronically matched and analysed with certain sections of ATO data holdings to identify potential fraud, and other non-compliance with lodgment and payment obligations under taxation law,'' the ATO said.
A protocol document says the scheme will check business sponsors and visa holders are completing tax returns and business activity statements, meeting obligations and visa conditions.
Wrongdoers will be sent a letter and given 28 days to verify the information before the Tax Office takes ''administrative action''.
It also plans to share information with the Department of Immigration and Citizenship about visa holders not abiding by the conditions of their temporary working visas. Serious breaches of conditions can lead to visa cancellation and removal from Australia.
Individual employers who knowingly hire an illegal worker can be fined up to $13,200 and jailed for up to two years, while companies can be fined up to $66,000 for each illegal worker.
The Tax Office wants to hold the immigration data for three years, despite the Australian Information Commissioner's data-matching guidelines saying personal information that did not lead to a match should be destroyed after 90 days.
The Tax Office has requested an extension, saying some types of visas spanned several tax years.
Australian Lawyers Alliance director Greg Barns said he wanted guarantees to ensure the information was not ''passed around those agencies for other purposes''.
Immigration Minister Brendan O'Connor's spokeswoman said the program would ''ensure that locals are not missing out on work opportunities to visitors who do not have the correct work rights''.
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The Immigration Department has delivered a scathing assessment of its own temporary accommodation for asylum seekers on Papua New Guinea's Manus Island, saying the living arrangements are cramped and present "key risks in terms of safety and health".
In a submission to the Parliamentary Standing Committee on Public Works, the department states there is an urgent need to replace the regional processing centre with a permanent facility.
The temporary centre has been set up with army-style tents and portable-style buildings for accommodation, ablutions, catering and administrative purposes.
It currently houses 276 asylum seekers and can cater for a maximum of 500.
The department's submission states the centre has no reliable power supply, limited potable water and the buildings and tents have a "very short life expectancy".
It says the military-style tents are subject to "degradation from humidity and high use" and "each tent has reticulated 240v power which can be unsafe in wet conditions".
"Transferees have complained about the heat which is a contributing factor to behavioural issues," the submission states.
"In addition the site is in a low-lying swampy area subject to localised inundation which encourages mosquito breeding."
It says the centre has limited recreational facilities that are in a poor state, and points to that as a contributing factor of increased tension.
"Transferees are subject to boredom which contributes to a focus on the progress of their refugee status determination," the submission states.
"Past experience in the Australian immigration detention network indicates that limited amenity and space quickly leads to behavioural changes which in turn can lead to substantial increases in health and security costs.
"This includes an increased risk of self-harm, mental health problems, and problematic behaviour."
Even the centre's most basic function - processing the asylum seeker claims - is compromised.
"Private interview rooms at the temporary facility do not have adequate infrastructure to support processing of refugee status assessments," the submission states.
It says the PNG government has not agreed to a permanent facility on the current site and "an alternative site is under consideration".
Once a new site has been approved, the submission states, the PNG government expects a permanent centre to be built "as a priority".
The department says the new centre is being designed to accommodate 600 people, including families and other vulnerable groups, at an estimated cost of $171 million.
It will provide improved amenities, including a gym, sports fields, canteen, library and separate rooms for education, computer use and religious purposes.
There will also be purpose-built accommodation for 200 staff.
Construction is planned to begin in July and is expected to take about six months.
'Absolute disgrace'
The submission has prompted Greens Senator Sarah Hanson-Young to again call for children and families to be transferred off Manus Island.
"The Manus Island detention centre is an absolute disgrace," she said.
"It's inhumane, it's unsafe and it is making refugees, including children in particular, very, very sick."
The Immigration Department has also confirmed that a fourth refugee involved in a hunger strike at Melbourne's Broadmeadows centre was last night taken to hospital.
A group of about two dozen mainly Tamil refugees has been refusing food for more than a week.
They have been granted refugee status but are being detained because they have been denied a security clearance by ASIO.
The president of the Australian Human Rights Commission, Professor Gillian Triggs, says refugees should be able to appeal such assessments.
"Non-citizens - and these are non citizens, albeit refugees - do not have a right to appeal to the usual processes that are available through the administrative appeals tribunal, and that means that they're completely cut out from any reasonable capacity to have judicial review," she said.
Meanwhile, some of the Sri Lankan asylum seekers who arrived by boat at the Western Australian town of Geraldton last week appear destined to be flown back home.
A total of 66 asylum seekers were on the boat which made it all the way to the harbour town without being detected by border protection authorities.
It was the first time an asylum seeker boat had made it to the mainland in five years.
Immigration Minister Brendan O'Connor says there will be an announcement "very shortly" about sending some of the arrivals back to Sri Lanka.
]]>JULIA Gillard says Australia will continue to run "a sizeable immigration program" as she steers the nation towards a population of more than 40 million by 2050.
The former "big Australia" opponent said she did not anticipate a change in the overall rate of immigration and would not impose population targets, while defending her government's treatment of asylum-seekers.
The Prime Minister, who has ordered a crackdown on visas for foreign workers, said her government was appropriately focused on skilled migrants and those who would become permanent residents and later citizens of Australia.
"We will continue in the years to come in my view to be a nation that welcomes migrants and particularly welcomes skilled migrants, and we continue to operate quite a sizeable immigration program," she told the Foreign Correspondents Association in Sydney today.
Australian Bureau of Statistics figures released last week show net overseas migration jumped by almost a third, to 228,000, in the 12 months to September 30 last year.
When the Prime Minister warned in the 2010 election campaign against "hurtling towards a big Australia" of more than 35 million by 2050, net overseas migration was running at about 176,000 a year.
But, in her first comments since last week's figures, Ms Gillard was uncritical of the rate of immigration or population growth.
"We will continue to see immigration. It will be important to economic growth," she said.
"In terms of estimating population numbers for the future, I'm not one that says you need to set a target.
"I think what you've got to do is manage your migration program in line with your nation's needs, which means that there will always be some year-by-year adjustment."
She said the government was concerned with settlement patterns, and suggested the national broadband network would boost the number of migrants locating themselves in regional areas.
The Prime Minister was quizzed over her hardline treatment of asylum-seekers, with foreign journalists suggesting she had appealed to racist voters and run down Australia's reputation overseas.
Ms Gillard said her government's asylum-seeker policies were driven by the need to stop people making treacherous boat journeys to Australia.
She said British and European voters shared a similar range of views on asylum-seekers as voters in Australia.
''I think that is the nature of the debate in democracies about refugee and asylum-seeker issues,'' she said.
''I don't think that is an Australian phenomenon.''
In her speech, Ms Gillard said her government was preparing for the so-called ''Asian Century'', and was well placed to capitalise on the three billion middle class consumers who would live in the region by 2030.
She said the high value of the Australian dollar would persist for some time, and should be seen as an endorsement of ''safe haven'' status.
]]>Source: www.radioaustralia.net.au
Refugee activists say they are horrified by the case of a Chinese man, who has sought protection in Australia after allegedly escaping torture in his homeland.
Australia's immigration processes "procedurally flawed" (Credit: ABC)
The Falun Gong practitioner's case was backed by the United Nations, but the Australian Government has not accepted the findings.
Correspondent: Karen Barlow
Speakers: Mr Chen, Falungong practitioner and asylum-seeker; Veronica Spasaro, refugee advocate, Balmain for Refugees
BARLOW: (sfx Chinese) The scars are fading, but the man who wishes to be known as Mr Chen can't forget.
CHEN: I was beaten while they handcuffed me by the bars.
BARLOW: Mr Chen practices Falun Gong.. the spiritual discipline outlawed in China since 1999. Its strong following, independence from the state and incitement of so-called disturbances were seen as a threat to the communist party.
CHEN: When I was detained by police I was beaten by the police with an electric stakes and fists and I was also burnt by the cigarettes.
BARLOW: In one case, Mr Chen says he was detained for 16 days.. and tortured every day and told to renounce his beliefs and give up the names of those who practiced Falun Gong with him. He says his home was ransacked, his belongings taken and he was beaten heavily..
CHEN: After I was released it took me about one month to recover. My whole body was really beaten up.
BARLOW: Mr Chen fled China in 2004 and came to Australia for protection (CUT: in 2004), leaving his wife and two sons. There's a grandson he has never seen. Supporters say a negligent migration agent mishandled his case. Mr Chen was ordered to a hearing, but the migration agent never told him to attend.
Veronica Spasaro is from Balmain for Refugees
SPASARO: In fact, that meant by the time he had exhausted all procedures in the domestic processes, he'd never actually been interviewed in person about his claim or his evidence
BARLOW: This led to an eight-year legal limbo and fears of deportation.
SPASARO: We'd exhausted every avenue.. we were convinced there was a grave injustice about to be made.
BARLOW: Mr Chen 's case was taken to the United Nations' Committee Against Torture in New York, which ruled last November that deportation would "Breach article 3 of the UN convention against torture.. " and that Australia's immigration processes were "..procedurally flawed."
The Australian Government response was to.."Not necessarily accept the conclusion" of the UN committee.
Veronica Spasaro spearheaded the UN effort on Mr Chen's behalf. .
SPASARO: When we read that response we were really appalled and horrified, actually.
BARLOW: Mr Chen's supporters say he suffers from trauma not only from torture and persecution in China... but from the eight year process of trying to stay in Australia.
It appears he now has to restart the process for protection."
THE Australian Permanent Mission to the UN wrote that the government was considering whether Mr Chen could "make a further application for a protection visa."
Veronica Spasaro says the response is opened ended.
SPASARO: The horrifying part really is, the possibility that he may in fact be given the opportunity to re-apply for protection, and of course if the last opportunity has taken eight years to play out, the next opportunity could also take eight years potentially.
BARLOW: A spokeswoman for the Immigration Minister Brendan O'Connor says Mr Chen's claims and the findings of the United Nations Committee Against Torture will be given due consideration." Mr Chen just wants to get on with his life, which he says he won't have if he is returned to China.
CHEN: A lot of Falun Gong practitioners are tortured to death so this may happen to me as well.
BARLOW: He is also very concerned about his family back home.. he says he has been informed on by fellow detainees in the Villawood detention Centre in Sydney.
CHEN: Some deported back to China already.. they told the police I was still practising Falun Gong. The police threatened my family that I should go back to China soon, quickly . And last year in November my wife was detained for about 4 to 5 days.
BARLOW: Mr Chen's been diagnosed with Post-Traumatic Stress Disorder.
CHEN: I have no choice. I am afraid of going back to China.
BARLOW: So it is life in limbo.. for Mr Chen.
A SURGE in boat arrivals will almost certainly blow out the immigration budget with a second rescue of asylum seekers on an overcrowded boat revealed yesterday.
The government budgeted for just 12,000 asylum seekers this financial year but the latest two boats, carrying 105 and 83 people, took the number of arrivals for 2012-13 past 15,200.
Asylum seekers on the larger vessel made a distress call on Sunday afternoon, the same day a similar call came from a vessel from which a boy aged about five and an unrelated woman aged in her 30s drowned during a rescue in swells of up to 2.5m on Monday.
A pregnant woman, a boy aged about seven and another passenger were yesterday in serious conditions in Perth hospitals.
The passengers on the latest boat requiring rescue suffered engine failure almost 160NM north of Christmas Island with two merchant ships shadowing the vessel until the Navy arrived.
Asylum seekers were given food and water by Australian authorities who found the boat's engine was broken, a spokeswoman for the Australian Maritime Safety Authority said.
More than 560 asylum seekers have arrived since Saturday, taking the total arrivals for March to 1776.
"This year the total cost of the program is $2.5 billion. When the Coalition left office, the cost was $85 million annually," Opposition immigration spokesman Scott Morrison said.
"Next year the government says costs are going to fall to $1.3 billion which is pure fantasy. The government can't seriously put that in the budget in May."
Immigration Minister Brendan O'Connor would not be drawn on whether the budget would blow out given the expected number of arrivals had been surpassed.
"There will be hundreds of stories speculating about these types of things in the coming months, most of which will be wrong," his spokeswoman said.
"The Government doesn't intend to provide running commentary on this speculation.
"The government has invested hundreds of millions in building permanent structures in Manus Island and Nauru, where double storey dormitory style housing are almost ready for occupation.
Meanwhile, an alleged people smuggling kingpin awaiting extradition from Indonesia says Australia could stop the boats if it employed tactics used during John Howard's time as prime minister.
Indonesian authorities have confirmed Sayed Abbas is set to face an extradition hearing next month after Australian officials handed over the necessary paperwork late last week.
During a lengthy interview at police headquarters in Jakarta, where he has been moved to pending his extradition, he offered some advice to Australian authorities, saying turned boats around had worked.
"The Australian government can stop (the boats) like before when John Howard was there," he told AAP.
"If they were more serious, they could stop. It's very easy.
"Meanwhile, Prime Minister Julia Gillard blamed the Coalition for the surge because the government had been unable to win support for Migration Act changes which would have allowed its people swap deal with Malaysia to proceed.Labor MP Graham Perrett claimed the Coalition was "complicit in these tragedies."
Read more: http://www.news.com.au/national-news/boats-will-blow-out-australian-immigration-budget/story-fncynjr2-1226607119431#ixzz2Qvvgcl1f
Instead of engaging in a shrill debate over the 457 visas, the federal government would be better off tackling the issue of the real need for better science, technology, engineering and mathematics (STEM) training to address skills shortages.
If the politicians are serious about developing a high value services economy and driving innovation in our economy, we need to ensure there are enough STEM graduates coming through the system.
As we head into a federal election campaign it is vital to remind our political leaders that the investments we make now in STEM education will be what determines our economy's chances of remaining strong.
Developing this skills base is the only way to future-proof the Australian economy from further global economic downturns and fluctuations in commodity prices.
The government has taken some important steps in this regard, and we welcome the joint funding for the $230 million science and technology precinct in Queensland which will help guarantee the required turnover of Australian STEM workers.
However it takes many years for this sort of investment to come to fruition.
For most of the past decade, demand for engineers in a range of areas (mechanical, civil, computer) in Australia has outstripped our ability to produce these workers from tertiary institutions, forcing employers to seek skilled labour offshore.
Recent reports suggest employers are clamouring to hire information and communications technology graduates but are unable to find a home-grown source for these much-needed skills.
Our leaders should not ignore the ever-growing chorus of voices calling for more investment into STEM education to overcome Australia's skills shortfalls.
Skills shortfalls of this kind take a long time to fix. As much as a decade of sustained investment is needed to get STEM graduates back to where they need to be to support our economy.
The good news is that Australia has the capacity to begin to address this problem immediately, but we need to think more creatively. For example, if the engineering sector could manage a better retention rate for its female workers, and should it successfully attract a higher number of women to the profession, the shortfall would decrease significantly.
Last year, a survey showed that a quarter of our female engineers planned to leave the profession. The ingrained masculine culture and expectation accompanying STEM occupations has let women graduates down. Now is the time to get serious about addressing this issue. Engineers Australia has worked hard to break down the stereotypes that engineering is men's work. If we are serious about attracting the best minds to the profession, we need to appeal to men and women.
More flexibility in hours and removing the stigma surrounding maternity leave is needed to get women back into the sector. Equal pay must also be addressed; women currently receive a salary that is roughly 8.5 per cent less than their male counterparts.
By attracting the best people for the job we will make certain that as current Australian engineers grow older, we have well-trained recruits ready to take their place, to fill the yawning gap of current STEM workers and build a stronger Australia.
By Marlene Kanga: national president of Engineers Australia.
Source: www.fragomen.com/
The Australian government is proposing to introduce a new short stay activity visa and implement a new framework for visitor visas as part of the broader visa simplification and deregulation project. The proposed changes will take effect on 23 March 2013, subject to the Governor-General’s approval.
In an effort to simplify the visitor visa classification system and make a clear separation between work and business activities, the Australian government is proposing to consolidate nine visitor visa categories into four new visa subclasses and to introduce a new short stay activity visa. The proposed changes follow the restructure of the temporary work visa categories in November 2012, and are part of an ongoing visa simplification and deregulation project which aims to reduce, by 50 per cent, the total number of visa subclasses by 2015. The Government intends to implement the changes to the visitor visa structure on 23 March 2013, subject to the approval of the Governor-General.
The Government has not yet released the legislation supporting the proposed changes, but we would like to provide our clients with an update on the information released by the government overnight. As a result of the proposed changes, effective 23 March 2013, applicants who propose to perform any work activities in Australia or conduct an activity as an invited participant in an event, will need to lodge a fully documented paper based application for a Temporary Work (Short Stay Activity) (subclass 400) visa. An electronic application for visitor visas will only be acceptable if an applicant is solely proposing to engage in narrowly defined ‘business activities’ or travel to Australia for tourism purposes.
No action is required from current holders of the repealed visa subclasses which will remain valid until the visa expiry date.
Work related visits to Australia The new temporary work (short stay activity) (subclass 400) visa will allow the visa holder to enter Australia on a temporary basis to perform short-term, non-ongoing and highly specialised work where the skills required are not otherwise readily available. The new subclass 400 visa will also allow for entry of people to participate in a cultural or social event or events on a non-ongoing basis at the invitation of an Australian organisation. In other very limited circumstances, the visa could also be granted if the applicant can show compelling circumstances affecting the interests of Australia, for example, to emergency workers assisting in a natural disaster.
The short stay activity visa will usually be granted for up to six weeks, but in some cases, it could allow a stay of up to three months in Australia.
From information released to date, it appears that the subclass 400 visa will require a paper based application and the applicant will be required to be outside Australia at the time of application and decision.
AMAs part of the application process the applicants will be required to demonstrate:
The government has also provided some guidance on what would be regarded as a highly specialised and non-ongoing work. According to the information released overnight, to satisfy this criteria the applicant will have to show:
It is proposed that the new subclass 400 visa will be subject to a restriction that the visa holder will not be able to participate in a different activity or undertake work for an organisation other than as identified in the visa application.
The subclass 400 visa is not intended for work in the entertainment industry, unless the proposed activities involve work in a production that would not be shown in Australia.
The new subclass 400 visa provides a visa category which replaces the limited work entitlements on the following visas:
Business visitors and tourists
The government is proposing to consolidate nine visitor visa categories into three new visa subclasses to cater for tourists, business visitors and people seeking medical treatment in Australia. Information released indicates that business visitors will not be permitted to perform any work activities or sell goods or services directly to the general public. Business activities will be limited to:
There will be no changes to the visa eligibility criteria for tourists, sponsored visitors and applicants for medical treatment visas.
The proposed new visa subclasses are:
The eVisitor (subclass 651) visa is retained and will continue to be available to citizens of the European Union Member States, subject to the more limited scope of permitted activities.
]]>From 23 March 2013, in response to recommendations four and eight of the Strategic Review of the Student Visa Program 2011 (the Knight Review), new post-study work arrangements will be introduced for graduates of an Australian Bachelor Degree, Masters Degree or Doctorate. The post-study work arrangements are being introduced as a new stream of the existing Temporary Skilled Graduate (subclass 485), which will be renamed the Temporary Graduate Visa (subclass 485).
]]>National Party Senate Leader Barnaby Joyce however doesn’t see things that way. Joyce says that if some companies are unable to access overseas workers to fill jobs that aren’t filled by Australian natives then entire factories will shut down and the number of businesses failing because it will increase. Joyce believes it is not a matter of losing jobs to those overseas but filling jobs that aren’t wanted by locals.
Brendan O’Connor says that he believes it is the opposite though and that this will protect the rights of the employees while improving the unemployment rate natively. Joyce disagrees arguing that tightening the visas parameters is simply “an admission of failure” of the Australian government.
The reform of the 457 visa has caused a lot of controversy but its heart is certainly in the right place. Whether it will hurt companies or simply protect employees is yet to be seen.
]]>Thanks – had a fantastic marvelous time – been to places that I would not have dreamed off….. and it was brilliant!
Thanks also for working with Shoghi while I was away
We are nearly there…….. which is great – without everyone’s assistance – yours and Bonnie’s dedication and hard work – we may not be where we are today
So Bonnie & Adine – thank you so very very much for everything
Kindest Regards Deidree
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That must have been the fastest processing in human history. Thank you a million times for your excellent and professional help!
Thanks again.
Regards
Clemens