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There is big news in relation to New Zealanders
New Direct Pathway to Australian Citizenship for eligible New Zealand citizens.
From 1 July 2023, New Zealand citizens who are long-term residents of Australia will be able to apply for Australian citizenship without first having to obtain a permanent visa
New Zealand citizens in Australia will be able to apply for citizenship after four years of residence in Australia without having to obtain a permanent visa first.
This will be viewed favourably by many New Zealand Citizens.
There may be some talent drain from NZ, plus migrating to NZ just got a whole lot more attractive!
When Will the Australian Citizenship Changes for NZ start?
From 1 July 2023.
Children of New Zealanders born in Australia – straight to Citizenship
From 1 July 2023, any child born in Australia on or after 1 July 2022 to an special category 444 holder - may at birth automatically acquire Australian citizenship.
Please note, the changes effectively backdate eligibility to 1 July 2022.
Positives for Australia from Giving Access to Citizenship to NZ Citizens:
How will the changes to NZ eligibility to Australian Citizenship be effected?
The changes will be effected through the residence requirements for Citizenship by Conferral in the Australian Citizenship Act 2007.
To meet the general residence requirement an applicant must be lawfully present in Australia for four years, including 12 months as a permanent resident, immediately before the date of application.
From 1 July 2023, directy from the Home Affairs Website:
- “All New Zealand citizens holding an SCV will be considered permanent residents for citizenship purposes.
- New Zealand citizens granted an SCV before 1 July 2022 will have their period of permanent residence for citizenship purposes backdated to 1 July 2022.
- New Zealand citizens granted an SCV for the first time on or after 1 July 2022 will be considered a permanent resident for citizenship purposes from the date of their SCV grant.”
Positives of NZ eligibility to Australian Citizenship for Australia:
The changes will provide a strong incentive for New Zealanders to consider moving to Australia.
Negatives for of NZ eligibility to Australian Citizenship for Australia:
There is no cap or control on how many NZ turn up on temporary work visas – the Special Category Visa 444. So this move could put pressure on:
- Housing
- Infrastructure
Australia’s rugby teams will improve!
Negatives of Australian Citizenship changes of 2023 for New Zealand?
New Zealand will face the challenge of a brain drain or loss of talent to Australia.
Living in South Australia, this is a challenge for where many young people choose to move to Melbourne and Sydney for employment or the bright lights.
Unfortuntately, NZ may experience the negatives of many of its young adults choosing to go to Australia.
Positives for New Zealand in Giving Access to Australia Citizenship:
New Zealand Citizens will be able to feel more confident about having a real future for themselves and their children in Australia.
Partner Visas / Family Migration News
Business Migration / Investor Visa News
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AUSTRALIAN CITIZENSHIP NEWS
APPEALS AND REVIEWS
The visa subclasses to be data matched by Australian Tax Office (ATO) are the following: “Subclasses 406, 410, 411, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 426, 427, 428, 442, 457, 462, 570, 571, 572, 573, 574, 575, 576, 580”
The period of time to be data matched is: “between the period 01/01/2012 and 30/6/2014 inclusive from the Department of Immigration and Citizenship for the 2012, 2013 and 2014 income years.”
The ATO aims to “ to identify potential fraud, and other non compliance with lodgment and payment obligations under taxation law.”
For more details visit original notice from Commissioner of Taxation:
http://www.comlaw.gov.au/
An article from the Age reporting on the data matching:
http://www.watoday.com.au/
Changes to 457 may cause problems for rural Australia
http://www.abc.net.au/rural/
An explanation of what the 457 visa is used for and which industries use it the most:
Kevin Rudd praises contribution of migrants and 457 changes may impact on rural Australia
Commentary on Kevin Rudd’s recent speech on the contribution of migrants
Further details of 457 changes
Further details on the planned changes for 457 visas have been released by DIAC on their website.
“The measures being brought forward include:
- the introduction of a genuineness criterion under which the department may refuse a nomination if the position does not fit within the scope of the activities of the business
- an increase in market salary exemption threshold from $180 000 to $250 000 to ensure that higher paid salary workers are not able to be undercut through the employment of overseas labour at a cheaper rate
- the removal of English language exemptions for certain positions. Many long-term 457 workers go on to apply for permanent residence, and this change will ensure that the 457 program requirements are brought into line with the permanent Employer Sponsored program which requires a vocational English ability. This change will benefit visa holders by ensuring that 457 visa holders, who have an ongoing position with their employer and want to apply for permanent residence in the long-run are not disadvantaged because of their language ability. Applicants who are nominated with a salary greater than $92 000 will continue to be exempted from the English language requirement
- enhanced regulatory powers for the department to ensure that the working conditions of sponsored visa holders meet Australian standards and that subclass 457 workers cannot be exploited or used to undercut local workers
- amendments to existing training benchmark provisions to clarify that an employer’s obligation to train Australians is ongoing and binding for the duration of their approved sponsorship, including for newly established business
- amendments to clarify that 457 workers may not be on-hired to an unrelated entity unless they are sponsored under a labour agreement
- amendments which will allow the department to refund a visa application fee in circumstances where an employer nomination has been withdrawn.”
The full release from DIAC is at:
http://www.immi.gov.au/skilled/strengthening-integrity-457-program.htm
The Timing of the 457 Changes will be from 1 July 2013
Further details on the planned changes for 457 visas have been released by DIAC on the
“The comprehensive suite of measures will be introduced on 1 July 2013. In the lead up to the changes, detailed information will be made available to assist sponsors and visa holders and their representatives understand the new requirements.”
The Current 457 English Language Requirements include many exemptions
The current English requirement is that the visa applicant must have English language proficiency that is equivalent to an International English Language Testing System (IELTS) test score of at least 5 in each of the four test components of speaking, reading, writing and listening.
Currently there are a number of Exemptions including:
- Passport holder from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America
- Salaries over $180,000.
- A large number of skilled occupations according to ANZSCO classification. Refer to details below.
Currently many positions, are exempt according to their major group ANZSCO group, to quote the relevant legislative instrument, the following are currently exempted:
“(ii) nominated in the application for approval of nomination in an occupation for an approved position in an occupation that is in ANZSCO Major Groups 1, 2, 4, 5,6, Sub-Major Group 31 or Unit Group 3993;”
So the occupations currently exempted from English language requirements include:
MAJOR GROUP 1 MANAGERS – this includes Chief Executives, General Managers, Farm Managers, Construction Managers, ICT Managers and more.
MAJOR GROUP 2 PROFESSIONALS – this includes ICT professionals such as Software Engineers, programmers, (But please note, many of these occupations have their own Registration or Licensing requirements, which are commonly higher than the 457 requirements)
MAJOR GROUP 4 COMMUNITY AND PERSONAL SERVICE WORKERS
MAJOR GROUP 5 CLERICAL AND ADMINISTRATIVE WORKERS (But please note, there are very few of these occupations on the 457 approved list which is the CSOL)
MAJOR GROUP 6 SALES WORKERS (But please note, there are very few of these occupations on the 457 approved list which is the CSOL)
What we still do not know – content of the English changes for 457 visas?
The announcements do not give details as to what the changes will be to the 457 English language requirements.
I have detailed the current exemptions to 457 English language requirements above, and it is possible that some of these exemptions may be removed.
Do you need more information or help in relation to a 457 Visa?
We are able provide you with assistance in relation to 457 visas. You can contact Chris Johnston at Work Visa Lawyers.
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
This New posting is accurate on 02 March 2013.
Changes to 457 visa program announced
On the 23 February 2013 the Minister for Immigration Brendan O'Connor announced that there will be changes to the 457 visa program.
The changes announced are:
“Under the changes:
- Employers must demonstrate that they are not nominating positions where a genuine shortage does not exist
- The English language requirements for certain positions have been raised
- The enforceability of existing training requirements for businesses that use the program will be strengthened
- The market salary exemption will rise from $180 000 to $250 000
- On-hire arrangements of 457 visa workers will be restricted
- Compliance and enforcement powers will be beefed up to stop employers who have routinely abused the 457 system
- Stakeholders will be consulted to ensure market rate provisions more effectively protect local employment.”
http://www.minister.immi.gov.au/media/bo/2013/bo193683.htm
What we still do not know?
The details of the changes to English levels changes have not been released.
The date from which the changes will be implemented. It has been reported that the changes will be from the 1 June 2013:
But there has not been an official release on the changes by the Department of Immigration and Citizenship as yet.
Reactions to the proposed changes
The announcement has been received negatively by Australian business:
http://www.abc.net.au/worldtoday/content/2013/s3697369.htm
http://myresources.com.au/news/27-latestnews/7256-business-urges-caution-on-visa-changes
If you want to know more?
You can contact Chris Johnston at Work Visa Lawyers.
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
I have recently noticed that the number of approved Universities for the Skilled Recognised Graduate Visa (Subclass 476) has been increased dramatically.
If you have graduated from an approved University, then you may be able to apply for this visa.
When you hold this visa you can travel, work, undertake further professional studies and or study. The visa is for up to 18 months.
It is like a Working Holiday visa on steroids!
Check out this list of approved Universities:
http://www.immi.gov.au/skilled/general-skilled-migration/476/recognised-institutions.htm
Contact me if you need help applying for this visa.
The new Minister for Immigration and Citizenship is the Hon Brendan O'Connor MP.
Any change of Minister for Immigration and Citizenship are interesting, because it can mean changes in Department of Immigration and Citizenship policy. The Minister of Immigration has the power to intervene under certain circumstances under the Migration Act, and so a change of Minister can also influence such requests for ministerial intervention.
Here is a link to his site:
Firstly, I can make reference to an insightful blog by a representative of DIAC. Kruno Kukoc, First Assistant Secretary Migration and Visa Policy Division, Department of Immigration and Citizenship. The below blog summarises some of DIAC’s policy initiatives for 2012.
http://migrationblog.immi.gov.au/2013/01/24/a-year-in-review-2012/
It is a good summary of some of the changes and the intentions underlying the changes.
Secondly, I can add my own observations on the negative effects of changing so many major visa categories at the same time, from the 1 July 2012. These included a surge in visa applications prior to visa changes, with the potential of significant processing delays due to these numbers, and ongoing technical difficulties for the new SkillSelect electronic visa system.
Services
Citizenship Testimonials
There is big news in relation to New Zealanders New Direct Pathway to Australian Citizenship for eligible New Zealand citizens. From 1 July 2023, New Zealand citizens who are long-term residents of Australia will be able to apply for Australian citizenship without first having to obtain a permanent visa New Zealand citizens in Australia will be able to apply for citizenship after four years of residence in Australia without having to obtain a permanent visa first. This will be viewed favourably by many New Zealand... Read more
Visa applied for: Resident Return (subclass 155) visa Application lodged: 3 October 2019 Application granted: 4 October 2019
We live in Sydney; the fact that Work Visa Lawyers are in Adelaide made no difference to the way we were able to communicate.
From our first meeting via video link with Chris Johnson to the subsequent face-to-face discussion, then telephone meetings with Luke Edwards, we found Work Visa Lawyers helpful, fair, friendly, accessible and very professional. Our circumstances were unusual and complicated. Chris and Luke were always... Read more
Testimonial received: 24 January 2019
I am writing this letter to let you know, that I am so much happy that my children are Australian citizen already can't believe that. Sir Chris and Wendy the value of your assistance is totally immeasurable you both are amazing. Me and Sam can't thank enough, throughout the process Wendy she has been pro - active, and really fast. Her attention to detail of all the information needed. Shes genuine and compassionate. She's really a good agent. Thank... Read more
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