Miller & Co Lawyers & Migration Agents in Bondi Junction | Local service

Miller & Co Lawyers & Migration Agents

Locality: Bondi Junction

Phone: +61 415 979 767

Address: L 22, 101 Grafton Street, Bondi Junction 2022 Bondi Junction, NSW, Australia

Website: http://www.visa-australia.legal

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25.01.2022 TEMPORARY VISA HOLDERS IN AUSTRALIA As on 6 April 2020 Source: The Hon Alan Tudge MP, Acting Minister for Immigration, Citizenship, Migrant Services and Multicu...ltural Affairs Extract from media release: "The Government is making a number of changes to temporary visa holder arrangements during the coronavirus crisis. There are 2.17 million people presently in Australia on temporary visas. There has always been an expectation that temporary visa holders are able to support themselves while in Australia. The changes announced today will help facilitate this for those who may be stood down or lose work hours as a result of the coronavirus. Most temporary visa holders with work rights will now be able to access their Australian superannuation to help support themselves during this crisis. Temporary visa holders who are unable to support themselves under these arrangements over the next six months are strongly encouraged to return home, and they should make arrangements as quickly as possible. The following new measures will apply to the major classes of temporary visa holders: - Visitor visa holders: International tourists should return to their home country as quickly as possible, particularly those without family support. - International students: Students are encouraged to rely on family support, part-time work where available and their own savings to sustain themselves in Australia. As part of their visa application, international students have had to demonstrate that they can support themselves completely in their first year. Students who have been here longer than 12 months who find themselves in financial hardship will be able to access their Australian superannuation. The Government will undertake further engagement with the international education sector who already provide some financial support for international students facing hardship. For example, we understand there are some education providers that are providing fee discounts to international students. The Government will also be flexible in cases where Coronavirus has prevented international students meeting their visa conditions (such as not being able attend classes). International students are able to work up to 40 hours per fortnight. International students working in aged care and as nurses have had these hours extended to support these critical sectors. International students working in the major supermarkets had also had these hours extended to help get stock on shelves during the high demand. From 1 May, their hours will return to the maximum 40 hours a fortnight as more Australians are being recruited into these roles. - New Zealanders on 444 visas: New Zealanders and Australians have reciprocal arrangements whereby we can each stay and work in each other's country. New Zealanders who are on 444 visas and arrived before 26 February 2001 will have access to welfare payments and the JobKeeper payment. 444 visa holders who arrived after 2001 have access to the JobKeeper payment. Those who have lived in Australia for 10 years or more have access to JobSeeker payments for six months. New Zealanders should consider returning to New Zealand if they are unable to support themselves through these provisions, work or family support. - Temporary Skilled visa holders: There are around 139,000 temporary skilled visa holders, on either a 2 year or 4 year visa. They were provided the visa to fill a skills shortage a shortage that may still be present when the crisis has passed. Consequently, those visa holders who have been stood down, but not laid off, will maintain their visa validity and businesses will have the opportunity to extend their visa as per normal arrangements. Businesses will also be able to reduce the hours of the visa holder without the person being in breach of their visa condition. These visa holders will also be able to access up to $10,000 of their superannuation this financial year. Those visa holders who have been laid off due to coronavirus should leave the country in line with existing visa conditions if they are unable to secure a new sponsor. However, should a 4-year visa holder be re-employed after the coronavirus pandemic, their time already spent in Australia will count towards their permanent residency skilled work experience requirements. - Working holiday makers supporting critical sectors: Working holiday makers who are working in critical sectors will be exempt from the six month work limitation with the one employer and eligible for a further visa to keep working in these critical sectors if their current visa is due to expire in the next six months. In general, working holiday makers that do not have the confidence to sustain themselves over the next six months should make arrangements to leave the country. There are another 185,000 other temporary visa holders in Australia, about half of them temporary graduate visa holders. They will also be able to access their Australian superannuation if needed for support. Further announcements will be made with the Deputy Prime Minister and Agriculture Minister in relation to supporting the agricultural sector, including the operation of the Seasonal Worker Program and Pacific Labour Scheme". For any questions, or visa enquiries please contact: Edward Miller

25.01.2022 NEWS FOR INTERNATIONAL STUDENTS

21.01.2022 https://facebook.com/events/s/from-student-to-2-year-paid-tr/349721052684225/?ti=icl

17.01.2022 Finally face to face seminar Prepare all your questions, this is your chsnce

15.01.2022 Abbey College Australia and Miller & Co Lawyers and migration agents invite you for a Live Migration Webinar. How to get 18 months of Graduate visa and have fu...ll rights to Work in Australia by studying Telecommunications Networking Engineering at Abbey College Australia. If you're considering how to guarantee your future in Australia working in the IT industry, get ready with your questions because this unique opportunity is waiting for you on Friday, 21 August 2020 at 5:30 pm. Join the FREE Webinar hosted by Edward Miller where we will provide you with details about the pathway for the temporary graduate visa 485, studying the Advanced Diploma of Telecommunication Network Engineering in Abbey College Australia. Edward Miller, Lawyer and Registered Australian Migration Agent will pinpoint important details and strategies to apply and be granted with the 18 months Graduate visa and have full rights to Work in Australia. When? Friday, August 21st from 5:30 pm AEST. Use the link below to register your free spot: https://buff.ly/3isCecx See you there!

13.01.2022 Don’t miss out

11.01.2022 Australia has introduced a new visa option for those who are unable to depart Australia and also to address workforce shortages rising in critical sectors as a ...result of the COVID-19 pandemic. Highlights: * There are 2.17 million temporary visa holders in the country * Of this, more than 565,000 are student visa holders and 139,000 are temporary skilled visa holders * New visa option is free and will allow those unable to leave, stay lawfully in Australia The purpose of the new visa option is to provide a pathway for certain former and current holders of temporary visas to lawfully remain in Australia and to also address the workforce shortages in critical areas like agriculture, aged care and public health during the COVID-19 pandemic. COVID-19 Pandemic visa will allow the applicant to: * remain in Australia if they have no other visa options and are unable to depart Australia due to COVID-19 travel restrictions. * remain in Australia to assist in critical sectors including healthcare, disability and aged care, childcare and agriculture during the COVID-19 pandemic. Who can apply for this visa? The Department of Home Affairs (DoHA) has stated ‘the COVID-19 Pandemic event visa is only available to people who are onshore and have 28 days or less remaining on their current visa or where their last substantive visa has expired up to 28 days previously.’ You must be in Australia to be granted the COVID-19 Pandemic event visa. 'The visa is also available to working holidaymakers who are working in critical sectors and who are not eligible for a further working holiday visa. Critical sectors include health, aged and disability care, agriculture and food processing and child care. 'Other temporary visa holders who are in Australia, and whose visa is about to cease but are unable to return home or apply for another visa, are able to apply for the COVID-19 visa as a last resort to ensure they remain lawful. 'The Department will consider each application on a case-by-case basis, taking into account the person’s country of origin circumstances,' the spokesperson said. What are the fees? It is free. If you are applying for the COVID-19 Pandemic event visa, you do not have to pay the visa application charge, the DoHA website says. What are work rights? ‘Work rights will be limited to those who are granted a COVID-19 Pandemic event visa for the purpose of permitting them to work in an area of critical need such as agriculture, health, aged and disability care, and childcare,’ the DoHA has said. What will the validity be? 'The COVID-19 visa may be granted for 12 months for participants in the Pacific Labour Scheme and Seasonal Worker Schemes,' the spokesperson said. For any questions/ any visa enquiries please contact Edward Miller

10.01.2022 Sub 457 and 482 during Covid 19 For any visa enquiries and questions ask Edward Miller at Miller & Co Lawyers & Migration Agents Below some frequently as...ked questions and current Immigration policy relevant to workers holding Subclass 457 or 482 visas as a primary applicant. Reduction in work Q. Can I reduce my hours or move to part-time work? The Minister for Immigration announced on 4 April that subclass 457 and 482 visa holders will be able to reduce their working hours without being in breach of their visa conditions. However, the below following four policy criteria should continue to be met: the pro-rata hourly rate of your approved salary (as per the nomination) does not decrease the role and duties performed remain consistent with your nominated occupation you are not employed under a Labour Agreement there is a written agreement in place between you and your sponsor. Your sponsor must maintain a copy of the agreement, and document the reason for the change. Q. Can my employer reduce my wages? It is only possible to reduce wages by lodging a new nomination with a lower wage, provided the wage is still market rate and above the Temporary Skilled Migration Income Threshold (TSMIT), currently AU$53,900. You would need to agree to the revised wage by signing a new employment contract, and the new application would incur an additional Skilling Australians Fund levy payment on behalf of your sponsor. Q. Can I go on Leave Without Pay (LWOP)? 482 or 457 visa holders are covered by the National Employment Standards, making them eligible for unpaid leave (e.g. study or sabbatical leave, recreational or holiday leave without pay, sick leave without pay, parental/carer/personal leave, maternity and/or paternity leave). You would not be considered to be in breach of your visa conditions solely on the basis of this unpaid leave. This is because you are considered to continue to be employed by your sponsor (despite not working or receiving a salary). Immigration has confirmed that 457 and 482 visa holders who have been 'stood down but not laid off' will be able to maintain their visa validity and to apply for an extension of the visa through the usual application process. For any LWOP it is expected that: both you and your sponsor have agreed that LWOP will be taken; and there is a formal application for leave without pay that has been formally approved by your sponsor (including leave applications that are processed and approved electronically). Overseas Workers / Travel Q. Can I return to Australia on my 457/482 visa if I am currently offshore during the Covid-19 pandemic? There is a process for applying for an exemption to the travel ban which may be applicable in some cases. We do not have any further information about what may constitute an exemption, other than the limited examples given on the Department of Immigration's website: care for close relatives who are seriously ill attend the funeral of a close relative There is no guarantee of success, and thoughts are that the restriction will only be lifted in genuinely exceptional, compelling and compassionate circumstances. An exemption must be obtained before you attempt to travel, or your visa will be cancelled. Where an exemption is granted, you would be subject to quarantine for a 14-day period upon arrival in Australia. Q. Can I work from overseas on my 457/482 visa if I cannot return to Australia? If it is possible for you to perform your work remotely, then you can still work from overseas. A written agreement between you and sponsor should be put in place for record-keeping and sponsorship obligation purposes. It should be noted that work performed overseas may not be included as time spent working for your sponsoring employer in Australia for the purpose of a permanent visa (such as a Subclass 186 in the Temporary Residence Transitional stream). Immigration will assess this on a case by case basis. Other Work Q. Can my staff member do other work within the business? Under conditions 8107 and 8607 of the 457 and 482 visas respectively, holders are limited to working only in their nominated occupation. In addition, sponsors are obliged to ensure that the 457/482 visa holder works in the nominated occupation. If you are found working in a different occupation, your visa may be cancelled and your sponsor may become subject to sanctions affecting their ability to sponsor workers in future. In order to change occupations, a 457 visa holder would need to have an approved nomination in the new occupation before commencing in the role. A 482 visa holder would need an approved nomination and approved visa in the new occupation. Under policy, the work condition would not be considered to have been breached if the change of duties is only temporary and will not exceed 60 consecutive days. However, if your duties are revised for a period of more than 60 days, or if they are regularly changed, you must ensure a new nomination (457) or new nomination and visa (482) are lodged. Q. Can I work somewhere else and go back to my original sponsor when business picks up? Again, conditions 8107 and 8607 of the 457 and 482 visas respectively limit the holder to only working for their sponsoring employer (or associated entity). In this situation, a new employer would need to sponsor you and have this approved before you could commence work there. Another application would then need to be lodged to return to the original sponsor. We are seeking further information from Immigration on the possible relaxation of these conditions to allow visa holders to work in areas of need during this crisis (for example; providing services to the health sector). Q. Can I receive Centrelink payments or access my superannuation early? Subclass 457 and 482 visa holders will be able to access up to AU$10,000 of their superannuation this financial year. An application should be made directly with your superannuation fund provider. Temporary visa holders who have departed Australia and wish to access their superannuation can request voluntary cancellation of their visa and a 'Departing Australia Superannuation Payment'. Further information is available here . There have not been any announcements regarding social security payments for 457 or 482 visa holders. Termination Q. Can I be temporarily laid off, e.g. due to a business shutdown or reduced trading? See 'Leave Without Pay' above. Q. Can my sponsor terminate my employment? Can I leave Australia and travel home? From an Immigration perspective, Standard Business Sponsors are required to continue to comply with their sponsorship obligations, as well as following the standard Fair Work rules during this period. If your employment was terminated, you would generally have 60 days to depart Australia, or find a new sponsor, or lodge a different type of visa to stay here before Immigration would consider you to be in breach of the work conditions and look to cancel your 457/482 visa. Immigration have taken the view that visa holders who have been laid off due to coronavirus should leave Australia if they are unable to secure a new sponsor. However, there is some good news in that the Minister has also announced: "should a 4-year visa holder be re-employed after the coronavirus pandemic, their time already spent in Australia will count towards their permanent residency skilled work experience requirements". Based on this announcement, our interpretation is that if: You hold a 457 or 482 in a MLTSSL or ROL occupation (i.e. a '4-year visa'); and Your employment is terminated and you leave Australia; and You are re-employed by your original sponsor after the pandemic period Then you could count the time you had already spent working in Australia with the original sponsor towards the work requirement for a permanent employer-sponsored visa. We suggest contacting an Immigration Consultant to advise you on your options moving forward. If your employment is terminated and you wish to depart Australia, your sponsor is obligated to pay reasonable travel costs for you and any family members dependent on your visa. The department considers the following costs to be reasonable and necessary: travel from your usual place of residence in Australia to your departure point from Australia (i.e. from home to the airport) travel from Australia to the country for which you hold a passport and intend to travel to economy class air travel or reasonable equivalent 'Reasonable travel costs' does not include costs associated with relocation of your personal effects (beyond any included airline baggage allowance), excess luggage, rental property expenses (for example, the cost of breaking a lease), personal choices (such as particular stopovers on international flights or preferred hotels), or the cost of obtaining a travel document (for example, passport). You must make a formal request in writing confirming the full names of the travellers, your country/ies of passport, and your destination. Your sponsor must make payment within 30 days of receiving the request.

09.01.2022 The Morrison Government is making a number of changes to student visa arrangements. A media release by the Hon Alan Tudge MP, Minister for Education states as f...ollows: The Government will recommence granting student visas in all locations lodged outside Australia. This means when borders re-open, students will already have visas and be able to make arrangements to travel. International students will be able to lodge a further student visa application free of charge, if they are unable to complete their studies within their original visa validity due to COVID-19. Current student visa holders studying online outside Australia due to COVID-19 will be able to use that study to count towards the Australian study requirement for a post study work visa. Graduates who held a student visa will be eligible to apply for a post-study work visa outside Australia if they are unable to return due to COVID-19. Additional time will be given for applicants to provide English language results where COVID-19 has disrupted access to these services.

05.01.2022 Prime Minister Scott Morrison announced today during a conference, National Cabinet has agreed to a plan in 3 steps to remove restrictions due to COVID-19 by Ju...ly 2020. The goal for Australia is to completely remove all the restrictions by July going through 3 different steps: Step 1 Gathering of 5 visitors at home allowed and 10 in business and public places. Keep working from home if it works for your employer Small restaurants, cafes and shops reopen Librairies, playgrounds, pools, golf courses, boot camp reopen Local and regional travel Step 2: Gatherings of 20 people in your home, business and public places Keep working from home if it works for you and your employer Gyms, beauty, cinemas, galleries, amusement parks reopen Caravan and camping grounds Some interstate travels will be allowed Step 3: Gatherings up to 100 people Most workers back in the workplace Nightclubs, food courts, saunas reopen All interstate travels allowed Tasmania, Pacific Island and International students travels However, Scott Morrison said, each state and territories will decide the pace of change from one step to another. Things to know: Students should be able to go back to school in step 1 PM can’t see international travel happening any time soon By July, life should be back to normal in Australia if we all respect the safety measures.