O'Sullivan & Ruffilli Lawyers and ImmigAustralia in Melbourne, Victoria, Australia | Immigration lawyer

O'Sullivan & Ruffilli Lawyers and ImmigAustralia

Locality: Melbourne, Victoria, Australia

Phone: +61 3 9416 3463

Address: 175 Victoria Parade, Fitzroy 3065 Melbourne, VIC, Australia

Website: http://www.osullivanandruffilli.com.au

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25.01.2022 408 Visa Option Working holiday makers, seasonal worker program visa holders and TSS 482/457 Visa holders and other temporary visa holders who have lost their jobs may be eligible to apply for the 408 visa. The 408 Visa is an Australian Government Endorsed Event visa which now has a new stream for Covid-19. Applicants must be employed or capable of being employed in critical sectors. Critical sectors include healthcare, disability and aged care, childcare, agriculture, publi...c services and government, transport and some utilities. If your visa is coming to an end or Covid-19 has prevented, you from completing some of your visa requirements this could be an option for you. More information can be found at https://immi.homeaffairs.gov.au//australian-government-end

25.01.2022 CHANGES TO SIGNING DOCUMENTS DURING COVID-19 Given the current social distancing requirements there are broad concerns about the signing of legal documents. Although in person signing of documents under the current restrictions may be allowable as an essential activity this is not an option for everyone as individual health and safety must be the priority. At this point in time in Victoria the various courts has issued statements regarding the arrangements for clients. Howev...er, arrangements vary from court to court. The Federal Court is allowing for documents to be signed electronically if scanning technology is limited. The court will also accept the filing of unsworn affidavits on the understanding that these will be sworn when circumstances allow. It has not currently been determined if the witnessing of documents via Skype, Zoom or another kind of platforms is allowable. At present physical presence is still required. If a will is not correctly witnessed, then it may be found to be invalidly executed. The Wills Act 1997 (Vic) requires that a person who is unable to see and attest that a testator has signed a document, may not act as a witness to a will. It is fairly clear that wills should not be signed electronically. There is a possibility at common law that video conferencing for wills is an option. However, there is no certainty to this and as it stands it is still unclear if an electronically signed and witnessed will is valid. The Law Institute Victoria have sought clarification from the Attorney General on this matter. At present it is advised that Powers of Attorney not be signed electronically. The signatory and witnessing requirements for Powers of Attorney are unique and have an explicit obligation of persons being present and witness. The nature of the documents also requires more care to be given to the particular duties of a Power of Attorney. Platforms such as DocuSign are limited in their capabilities and openly acknowledge that their services may not be legally valid. If such technology or other non-traditional ways of signing are used it is advised that clients be prepared to resign the documents once social isolation ends. We are actively working to ensure that our clients can continue to progress with their legal needs as per the new arrangements. If you have concerns about any of these processes, please get in touch.

23.01.2022 NEW ZEALAND 444 SPECIAL CATEGORY VISA (SCV) The Australian Government has answered a range of frequently asked questions from Visa Holders regarding the current pandemic. Our firm is committed to helping our clients in this difficult time and we are still open in line with social distancing requirements. For New Zealand nationals it is important to understand if you are a protected New Zealand citizen. If you do fall within one of the groups for this then you may be eligible ...for welfare payments and other such government support. If you arent a protected New Zealand Citizen but are in Australia on a TY444 visa you may be eligible for Job Keeper payments if your employer is eligible. The Government has advised that if you are unable to continue to support yourself in Australia you may need to consider returning to New Zealand. https://covid19.homeaffairs.gov.au/frequently-asked-questio

23.01.2022 HAVE YOU THOUGHT ABOUT YOUR WILL AND/OR POWER OF ATTORNEY? With the ever evolving and urgent COVID-19 pandemic and its consequences we have noticed a rise in enquiries in some legal areas. Particularly in relation to powers of attorney, advance care directive, medical treatment decision makers or wills. There is often confusion about the types of documents people are seeking and this post seeks to give some clarity to these. The first document is a power of attorney. This all...Continue reading

22.01.2022 EMPLOYER SPONSORED TEMPORARY WORK VISAS The Australian Government has answered a range of frequently asked questions from Visa Holders regarding the current pandemic. Our firm is committed to helping our clients in this difficult time and we are still open in line with social distancing requirements. Please reach out if you need assistance. If you are on an employer sponsored temporary work visa and have ben stood down or had your hours reduced this does not impact your visa requirements. If you have lost your job and are now unemployed you must either find a new employer within sixty days or make plans to go back to your home country. If this is not possible you need to maintain a valid visa. We would advise that you get in touch with us as soon as possible so that we can help to advise you of your potential options.

21.01.2022 COVID-19 Information for International Students The government has provided new information and resources for International students regarding support during COVID-19. This includes information about students who have been in Australia longer than 12 months being able to access their superannuation. Alongside a range of wellbeing support information and advice for international students in Australia.... https://www.dese.gov.au/covid-19/international-students

21.01.2022 A positive story of sharing without discrimination in these times of covid19 social distancing

21.01.2022 Changes to Family Court Process during COVID-19 The Family Court of Australia and the Federal Court of Australia have established a streamline filing system to help the courts deal more urgently with COVID-19 applications. The process applies to applications which are urgently filed as a direct result of the COVID-19 pandemic. As part of the process there needs to be an explanation of how the dispute has directly arisen as a result of COVID-19. The matter also needs to be cap...able of being dealt with electronically and, where possible, reasonable attempts must have been made to resolve the issue before coming to the courts. Examples of suitable applications may include those for changes to supervised contact arrangements, dealing with border restriction measures, COVID-19 related medical issues, or increases in instances of family violence due to restrictions. The process will mean cases can be dealt with as quickly and efficiently as possible by streamlining the manner in which they are delegated to the relevant Justice. The relevant necessary documents can also be signed electronically and without a qualifying witness in order to ensure lockdown restrictions are adhered to.

21.01.2022 Michelle Gardner has been announced as Victorias first aboriginal Woman to serve as a member of the Victorian Civil and Administrative Tribunal. Ms Garder is an Aboriginal woman from the Gunditjmara nation in Western Victoria and has worked in a range of roles throughout Aboriginal policy and legal organisations during her 30-yearplus career. It is great to see more diverse appointments to the Tribunal and Ms Gardner has a wealth of experience to bring to the role.

20.01.2022 Earlier this month the Australian government announced new visa arrangements for Hong Kong Citizens. The government has not yet introduced any specific visa class for Hong Kong citizens, rather they have altered existing migration programs to provide extra incentives and less onerous requirements for visas to be granted to Hong Kong citizens. The primary changes so far concern the student visa, temporary graduate visa, temporary work visas and business and innovation visas. ...Under the new arrangement Hong Kong students can access a 5 year 485 visa (temporary graduate visa) at the end of their studies, with a pathway to permanent residency (however the government has not yet given details of the permanent residency and what English language and occupational requirements may apply). The government has stated that they are once again taking applications for student visas. They are not allowing the applicants into the country until the travel ban is lifted however applications can be made. However, there is provision for a temporary resident who is an EX A student visa holder to apply for an exemption to travel to Australia. The government has also opened education to foreigner citizens with no visa. Meaning that they will allow people to study courses provided by Australian Universities online from their home country with no visa. Given these changes it would seem possible that a person in Hong Kong could enrol in a course of study in Australia, and on that basis apply for a student visa. Once the student visa is granted, the person could request an exemption to travel to Australia on the basis that they are not safe in Hong Kong due to the current political circumstances. The other major change is to temporary skilled visas (eg. 482, 494 etc..). For these visas the government has made substantially the same concessions. Current work visa holders will be eligible for a 5-year extension to their current work visa and will be eligible for permanent residency at the end of that period. Some occupational and labour market requirements will still need to be met. There has also been changes to business and innovation and global talent migration programs however to date the changes are still vague and it is not clear what the exact benefits will be for HK citizens. There will be significant benefits offered where a HK business seeks to relocate to Australia and bring critical staff with the business. The government has not made a specific refugee visa for HK citizens and has stated that this is because we already have a humanitarian visa in place and we decided on deliberately targeting serious talent which is in Hong Kong, and businesses which have their regional headquarters in Hong Kong. Notwithstanding no specific safe haven visa being introduced for HK citizens this does not mean that HK citizens will not be able to make refugee claims based upon their specific circumstances.

20.01.2022 The data shows a positive position for Australia during COVID19, a great result. COVID19 Baseline restrictions (although not clearly explained) are to remain for another 4 weeks. Amongst the 3 further measures suggested to work towards relaxing the current restrictions is a Trace app recommended to be downloaded to each mobile to track COVID19. This raises a query of encroachment into privacy and civil and human rights. What are the parameters of the app and data collected, information sharing, and limits including conditions and time frame to then opt out of the app.

19.01.2022 COVIDSafe made Safer The COVIDSafe app recently released in Australia has been cleared from suspicion that the data may have been able to be subpoenaed in America under the CLOUD Act. An order has been issued under the BioSecurity Act that make it an offence for anyone other than a state health department official to access data collected by the app. This order is aimed to calm fears that intelligence agencies could access data collected by the app under a controversial telecommunications law passed in 2018.

18.01.2022 !SPECIAL COVID19 VISA! Temporary Activity visa (subclass 408) Australian Government endorsed events This temporary visa lets you come to Australia to participate in events which are endorsed by the Australian Government.... __________________________________________________ You do not need to be endorsed in writing to apply for the COVID-19 Pandemic event visa. 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. ___________________________________________ The Government has announced special COVID19 criteria for applying for the subclass 408 visa which is for special short term programs. It includes special concessions for Backpackers on Working holiday visas and Pacific workers who are IN Australia and agree to work in particular sectors in demand. It begs the question if it will eventually also be geared towards offshore applicants if there continues to be shortage of workers although this will remain unsure whilst the borders remain closed. Usually workers from the Pacific region are relied upon for a lot of the seasonal work and there has a specific Pacific worker program for them and one wonders if there may be some flexibility regarding this visa and the need for workershowever reasonably,,, priority of safety for those in Australia in moving around during COVID19 remains the priority. See more

17.01.2022 Tasmania Announces Relief Package Tasmania has announced a $3 million support package for temporary visa holders. Eligible visa holders who can demonstrate immediate financial hardship will be eligible for $250 for individuals and $1,000 for families. Premier Mr Gutwein acknowledged that is was only fair to support people who had contributed to the state economy and their communities. The package will also include financial support measures to help visa holders who can retur...n home to do so. The package aims to support workers, help businesses retain employees where necessary and support NGOs which help temporary visa holders. The premier has made clear although the state will take steps to resume business as normal when possible it does not plan to lift its border restrictions anytime soon.

17.01.2022 VISITOR VISA HOLDERS The Australian Government has answered a range of frequently asked questions from Visa Holders regarding the current pandemic. Our firm is committed to helping our clients in this difficult time and we are still open in line with social distancing requirements. The most important thing to act upon for visitor visa holders is to ensure you have a valid visa. If you have less than two months remaining on your visa and have a no further stay condition you ...are able to request a waiver to allow you to lodge a new visa application so that you may be able to stay in Australia on a valid visa. https://covid19.homeaffairs.gov.au/frequently-asked-questio

17.01.2022 SEASONAL WORKERS The Australian Government has answered a range of frequently asked questions from Visa Holders regarding the current pandemic. Our firm is committed to helping our clients in this difficult time and we are still open in line with social distancing requirements. Please reach out if you need assistance. Where possible seasonal workers will be able to extend their visa for up to six months to support the agricultural industry. Those with visas due to expire can apply for the Temporary Activity visa which is designed to support essential services during COVID-19. Exemptions will also be in place enabling workers to change employers where necessary.

17.01.2022 Lawyers Argue for Early Release of At Risk Prisoners Lawyers and activists are calling on the Andrews government to enable the early release of some low risk prisoners to avoid them being impacted by any potential COVID-19 outbreaks in prison. There is a case before the Supreme Court on behalf of a prisoner with multiple conditions and others who would be vulnerable to the virus. Lawyers for the prisoners are arguing that the state is breaching its duty of care. There is not... currently any reported cases of COVID-19 within the system but there are fears an outbreak is imminent. Lawyers in Victoria have asked for early release of prisoners close to finishing their sentences, calling for temporary release of people with underlying health conditions and parole for prisoners convicted of low-level offences who pose a low risk to the community. Aboriginal and Torres Strait Islander people in prison suffer higher rates of chronic health issues than non-indigenous people and are therefore at much greater risk of contracting COVID-19. New South Wales has released some prisoners and Britain and the United States have already taken action to reduce their prison population. The union representing prison staff argued that it was safer to keep prisoners inside than expose them to increasingly uncertain futures outside. The Andrews government is reluctant to comprise and has stated that have current plans to release prisoners.

17.01.2022 INTERNATIONAL STUDENTS VISAS The Australian Government has answered a range of frequently asked questions from Visa Holders regarding the current pandemic. Our firm is committed to helping our clients in this difficult time and we are still open in line with social distancing requirements. Please reach out if you need assistance. The most important points to note are that some students working in critical industries have had the 40 working hours per fortnight restriction rela...xed for the duration of the pandemic. If you work within one of these industries speak to you organisation about the necessary steps that need to be taken for you to undertake more work lawfully. The Government has advised that students unable to support themselves should return to their home country. It is recommended that students also reach out to their educational institute to see if there is any support being offered or financial aid they can access during this period. https://covid19.homeaffairs.gov.au/frequently-asked-questio

16.01.2022 Home affairs data breach through the SkillsSelect platform may have exposed data of 700,000 migrants Both partial names and outcomes of applications were released in a data breach impacting 774,000 applicants. The SkillsSelect platform enables skilled workers and businesspeople to express an interest in migrating to Australia. These expressions of interest are stored for 2 years and allow them to receive invitations for skilled work visas. The public database advertised on th...e home affairs website enabled users to identify applicants who had completed expressions of interest by name. The home affairs department and employment department stated that the platform was currently undergoing maintenance This breach is particularly concerning in light of the new COVIDSafe app and the conversations around potential privacy breaches this new app may give rise to.

16.01.2022 BRIDGING VISA HOLDERS The Australian Government has answered a range of frequently asked questions from Visa Holders regarding the current pandemic. Our firm is committed to helping our clients in this difficult time and we are still open in line with social distancing requirements. Please reach out if you need assistance. If your visa application is currently in progress your bridging visa will continue to allow you to remain lawfully in Australia. If you are unable to suppo...rt yourself, you are advised to make arrangements to return home. If your visa is going to expire or your current application is undergoing merits review and will then expire you need to apply for a new bridging visa before the expiration date to ensure you remain lawfully in Australia. If you wish to return home but require financial assistance to do so or are remaining in Australia and need assistance there are services available to help you and you are encouraged to reach out. See more

14.01.2022 This experience is teaching as all about the great Australian spirit of resilience. Take care everyone! https://www.facebook.com/cityofmelbourne/videos/154940182509576/

14.01.2022 NEW SHORT COURSES TO HELP UNDERSTAFFED AREAS DURING CORONAVIRUS The Commonwealth Government has announced a new Study initiative to help individuals who have lost their jobs due to Coronavirus to be retrained and upskill to work in under resourced areas. There will be price cuts for six months for diplomas and graduate certificates in areas of Demand during this period which include Nursing, Teaching, Health, IT and Science which will all be delivered remotely. The intention ...is to help upskill those who have lost their jobs as a result of the pandemic whilst also providing a revenue stream to education providers. The courses are between $1,250 for degrees in teaching, nursing and psychology courses and $2,500 for science, engineering and allied health courses. Up to 4 units of study will be supported at discounted rates if completed before 1 December 2020. This allows the opportunity for study to occur during the second semester, particularly where study options may not be offered by an Education provider at this time. Education providers are still developing the courses, but they are designing them for 100% virtual delivery, and so consistent with Social distancing. These short courses are not the same as a full Bachelors degree but will enable individuals to get very close to a full level of qualification in their chosen field. This initiative is specifically targeted toward domestic students and unfortunately the government has not indicated that they will provide any similar assistance to international students. International Students should check if the courses rolled out are CRICOS registered courses as required for recognition by the Immigration regulations and to allow for possible future visa options. There is still a waiting period of a few weeks before these courses will become open for enrolment as the Department of Education needs to finalise the relevant details with providers.

12.01.2022 WORKING HOLIDAY MAKERS The Australian Government has answered a range of frequently asked questions from Visa Holders regarding the current pandemic. Our firm is committed to helping our clients in this difficult time and we are still open in line with social distancing requirements. Please reach out if you need assistance. WHM working in critical areas may be able to extend their visa and are exempt from the six month work limitation. WHM who are unable to support themselves or work within essential industries should be prepared to return home. If the pandemic has meant you cannot complete your 3 month or 6 month working requirements in a non-essential field, you will need to apply for a new visa in order to remain lawfully in Australia.

10.01.2022 Very professional, open and honest, careful with details and great people to deal with, very personable

10.01.2022 Another wonderful image from Michael Leunig

08.01.2022 International Students to Receive Welcome Support from the Victorian Government In welcome news to international Students the Victorian Government has announced a $45 million fund to help international students who are managing financial hardship due to COVID-19. The Government will provide up to $1,100 for students who have lost their jobs or had a reduction in working hours. The fund is designed to complement the relief programs offered by other Victorian universities and education providers. Applications have not yet opened for the program, but students are able to register their interest for when they do become open.

07.01.2022 The government has announced that working holiday visa holders and seasonal workers will be allowed to extend their visas to stay in Australia. This is to ensure that the agriculture industry, health care and aged care industries are able to maintain their business during this difficult time. Seasonal worker programme and pacific labour scheme participants will be able to extend their stay for up for one year. Workers will also be exempt from the rule that they cannot stay ...with the same employer for more than six months. It is essential for our food security that workers can move to meet these seasonal labour needs, Minister Littleproud said "At the same time it is critical we manage this labour force to support the on-going health of regional communities. As a result, workers will still have to self-isolate for 14 days if they move between communities to ensure that the virus does not spread. Approved employers under the Seasonal Worker Programme and Pacific Labour Scheme will need to continue engaging with the Department of Education, Skills and Employment on labour market testing to ensure recruitment of Australians first. To read more; https://minister.homeaffairs.gov.au//supporting-agricultur https://www.abc.net.au//coronavirus-backpackers-a/12121004

06.01.2022 PAUSE IN PROCESSING Subclass 132 Business Talent (Permanent) visa & Subclass 188 Business Innovation and Investment (Provisional) visa... UNDER VICTORIAN STATE SPONSORED SCHEME: From 12pm AEST Thursday 9 April 2020, Victorias subclass 132 (Business Talent Permanent) and 188 (Business Innovation & Investment Provisional) visa nomination program will be paused for the remainder of 2019-20. This means that no new nomination applications will be accepted. . If draft applications are not submitted by this time, they will be removed and inaccessible. Those received prior to this date, in accordance with published processing times will continue to be processsed. Victoria will continue to accept nomination applications for the following visas: Skilled Work Regional (subclass 491) Skilled Nominated (subclass 190) Business Innovation Extension only (subclass 188A Extension) Significant Investor Extension only (subclass 188C Extension) Permanent Business Innovation (subclass 888A) Permanent Investor (subclass 888B) Permanent Significant Investor (subclass 888C). They also advise that program eligibility criteria are subject to change without notice. ANYONE PLANNING TO APPLY FOR Victorias subclass 132 (Business Talent Permanent) and 188 (Business Innovation & Investment Provisional) SHOULD DO SO BY 12PM AEST THURSDAY 9 APRIL 2020,

06.01.2022 A humorous reminder from Michael Leunig to stay home

04.01.2022 Immigration Minister Discusses Concerns of Indian Nationals on Temporary Visas in Australia Immigration Minister Alan Tudge has acknowledged the great uncertainty facing many Indian nationals in Australian who are anxious to return home. Until next week international airports in Indian are closed meaning citizens in other countries are unable to return home. Unlike Australia, India is not even allowing Indian nationals to return to their country. Mr Tudge reiterated the Fede...ral governments stance that temporary visa holders should look to return home if they are unable to support themselves. The welfare measures in place are aimed at prioritising Australian citizens and permanent residents. Decisions to reopen Australian borders to foreign nationals will largely be dependent on the development of a vaccine for COVID-19. Because it is too early to fully know the long term impact on the immigration policy it is expected that numbers will be lower this year and next than in previous years.

04.01.2022 A moving tribute to the Italian spirit during COVID19 indeed the spirit of us all ... https://video.repubblica.it//coronavirus-ste/358207/358765 Coronavirus, Steve McCurry omaggia lItalia con i suoi scatti: E un sogno che torna per tutta la vita

04.01.2022 Scientists are bringing musical life to Coronavirus https://www.classicfm.com//scientists-turn-spike-protein-/