Yes. Start up businesses can apply to become an approved 457 Sponsor and employ skilled workers on a 457 visa. In fact, new businesses that have been operating for less than 12 months do not need to have an established training record, unlike established businesses.

They have a leeway of making a commitment to training, towards one the training benchmarks set out by Immigration, instead of showing current training expenditure. This allows start up business to attract international talent to help them grow as a business and seek the needed human resources to thrive.

The truth is, in today's business environment, there is a global economy of trade and the transfer of skills across borders is necessary for Australia to keep up with economic innovations and international business practices. The 457 visa program enables Australia to attract international skilled workers so that the skills, that businesses benefit from, of international talent can be seeded on Australian soil - bearing fruit for the future Australian labour market.

So whether you are a determined entrepreneur, budding start-up or a growing small business, you can sponsor people to work on a 457 visa. What's even more exciting is that you can incentivize long-term employment through visa pathways to Australian Permanent Residency for your international staff. We have helped many businesses with employment retention strategies to keep their international talent working with them long enough to make a lasting impact to their businesses.

So my advice to you is: If you are thinking of employing someone on a 457 visa and want to sponsor them because your business has a genuine need, then don't just "hire" them. Recruit them and invest in their long term tenure with your business so that you get the benefit of their employment and the benefit of the skill transfer to your Australian business and staff.

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The Department of Immigration and Border Protection (DIBP) posted an update to the White Paper on Developing Northern Australia: Our North, Our Future.

The White Paper includes a range of visa initiatives to encourage tourism to northern Australia, and to support development in the north.

For further information see the White Paper on Developing Northern Australia: Our North, Our Future.

The visa initiatives will include:

Visitor visa (subclass 600) initiatives to support tourism from China and India:

The following announcements set out our forward plan to manage growth in China and provide better, faster and easier Visitor visas into the future. Generally, these will be introduced over the next few years in a staged and orderly manner to maintain our existing high levels of service.

Work and Holiday visas initiatives to support northern Australia:

Designated Area Migration Agreement:

Source: White Paper on Developing Northern Australia: Our North, Our Future. 

For more information, click here.

The Department of Immigration and Border Protection (DIBP) updated their Occupation Ceilings page on their website on 22 June 2015. The table below shows the top 10 occupation based on their ceiling value and their respective results to date.

Occupation ID Description Ceiling Value Results to date
2544 Registered Nurses 15042 2811
3411 Electricians 7854 191
3312 Carpenters and Joiners 7164 239
2414 Secondary School Teachers 7002 569
3232 Metal Fitters and Machinists 6816 62
3212 Motor Mechanics 6444 180
2211 Accountants 5478 5478
1331 Construction Managers 5178 128
2613 Software and Applications Programmers 5005 5005
3223 Structural Steel and Welding Trades Workers 4482 63

 

The following occupation groups have reached their occupation ceiling for this programme year and no more invitations will be issued in the coming invitation rounds:

For more information on Occupation Ceilings or anything about Skill Select, click here.

Following article is written by Rebecca Lim.

I first visited Sri Lanka in 2003. I took leave from the Australian Department of Immigration and Citizenship for a short humanitarian stint with a Sri Lankan NGO during a Norwegian Peace Initiative-ceasefire. The civil war spanning over 25 years ended with the defeat of the Liberation Tigers of Tamil Eelam (LTTE) in 2009.

During my brief experience in 2003 in Jaffna, I did not fully understand the history of the conflict, the implications and impact on civilians but I do recall Jaffna in the North was heavily militarised.

After leaving the Department in 2007, I registered as a migration agent and from 2010, I worked with asylum seekers in detention centres and in the community.  As I become more informed about how differently asylum seekers and refugees from Sri Lanka are treated, I am more committed to helping them.

The Australian government has used a short-cut screening process known as ‘enhanced screening’ that expedites the removal of asylum seekers with no genuine and fair procedures to claim and assess asylum, and no monitoring to ensure the safety of people who return. The cooperative relationship Australia has with Sri Lanka is jokingly referred to as AusLanka. Sri Lanka is a refugee-producing country and ironically, also a refugee-hosting country now deporting Pakistani Christians.

I have never worked harder than I am now under the current policies of the Australian government elected on 7 September 2013 and it is all bad news.

The Immigration Department I once enjoyed working in has shifted from nation building to border protection and control, reflected by its new name of The Department of Immigration and Border Protection.  There has been no processing of claims for people who arrived by boat on or after 13 August 2012, and people live with uncertainty.  The policies are driving people mad with someone describing it as ‘psychological torture’. Leo Seemanpillai, a Tamil Catholic from Sri Lanka, and Omid Avav Ali, a Kurd Iranian committed suicide in the past 18 months.

We are currently supporting a Tamil man in his 40’s who has had a mental breakdown due to a life in limbo and the fear of being returned to Sri Lanka. Those of us working with him are devastated and traumatised.

Policies in Australia continue to be punitive, brutal and unwelcoming against asylum seekers arriving by boat. The government perpetuates fear in its language. Asylum seekers and refugees arriving by boat are officially referred to as Illegal Maritime Arrivals (IMA’s) and identified by their Boat ID numbers. If you are refugee or asylum seeker in Turkey, you are called a guest. If you are rescued by boat in Lampedusa, the Italian authorities call you a migrant.

There are thousands of asylum seekers who have not been invited to make an application. Yes, the Australian Immigration Minister has the sole discretion to ‘invite’ or ‘not-invite’ boat arrivals to make an application. The migration amendments passed in December 2014 affecting people seeking protection who arrive by boat on or after 13 August 2012 and before 1 January 2014 are as follows:

I visited Sri Lanka again in March this year. In nine days, I travelled approximately 1,500 km to visit a number of key areas in the Central, Eastern, and Northern Provinces. I will not identify the areas so as to protect my sources. All is not well. There were expectations the election of the Sirisena government in January this year on the votes of Tamils, minorities and Sinhalese might bring a glimmer of hope for justice, peace and reconciliation. Can the President deliver on reforms? While culture and nepotism is difficult to change, a great achievement of the Sri Lankan people was to change government. A prominent human rights activist stated there was an unprecedented high level of voting, the travel ban to the North on foreigners lifted, changes in the media sphere, removal of military governors, new land development and the release with conditions of Ms. Jeyakumari, a Tamil activist campaigning against political disappearances, and a few other political prisoners.

Human rights activists have written about the UN Human Rights investigation mandate and challenges ahead.  The deferment of the UN’s report to investigate allegations of serious human rights violations and crimes during the last years of the civil war, for a domestic investigation has been boycotted by civil society. Activists I spoke with say that when you demand accountability, establishments feel threatened.  ‘We should be open to international scrutiny, only then will our faith in justice and government be restored’.

I am inspired by the bravery of civil society and various religious leaders and activists to call for justice, equality and accountability that may lead to peace and reconciliation. Key issues relayed to me are missing persons, the ongoing militarisation of the North and East, land rights, violence, reintegration of former cadres, and calls to repeal the Prevention of Terrorism Act (PTA).

Two Tamil widows from the North told me they will not accept a death certificate of their husbands until they see his body. No amount of pressure, persuasion or compensation will change their minds. Enforced disappearances are very emotive and cause high levels of anxiety and stress for families. They continue to be harassed by the authorities. Livelihood options for widows are limited. Religious leaders told me they have observed an increase in sex work in Colombo and the North.

A former Tamil detainee who spent two years in a ‘rehabilitation’ camp told me how he was tortured and still suffers from internal injuries. In the camp, he was given tablets for his pain and these tablets caused him further intense pain while urinating blood. When released, he went to see an independent doctor who advised him to stop taking these tablets. This man also witnessed detainees being injected with ‘something’ that he believes is making them ‘mad’. He further said ‘missing’ people (most likely Tamil political prisoners) are being held in camps in the jungle, something the government has denied. He told me the authorities will visit him tonight because he spoke with me but ‘they can’t do anything more to me they haven’t already done’. He has suffered a lot and I am inspired by his courage and resilience. I suppose one should be careful not to instil so much fear that they are fearful no more.

When our wings are clipped, we live in fear and anxiety. It was a cloak and dagger affair in a particular town when I needed to buy a cotton top. As a ‘white’ woman, I would have attracted unwarranted attention if I walked around town, so we drove up to a shop, I walked quickly in with my friend, chose a top in 5 minutes, paid for it and dashed straight back out of the shop into the van. My driver was nervous and so was the person with me.

As I travelled in a white van to the North and East, it was chilling to see many military, police and navy camps. We were stopped at military and police checkpoints on at least five occasions, to check the vehicle’s registration (which is routine and a traffic matter) and my name was recorded on one occasion. I noticed many houses standing in isolation. I was told when the men are at work, the women are particularly vulnerable to rape and assault that is unreported as there is little faith in the justice system. A religious activist told me he has been supporting a young lady raped 10 years ago whose court case is ongoing. Her courage to persevere is admirable.

According to another religious activist, the PTA needs to be repealed in good faith as it continues to be used to punish and curtail dissent and instil fear of the LTTE ‘regrouping’. This has overtones of the Internal Security Act (ISA) designed by the British to crush communism. The ISA is still implemented in Singapore and Malaysia.

On his recent visit to Sri Lanka, Mr Pablo de Greiff, the UN Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence said citizens have the right to the full truth about violations and violence that took place, an investigation, punishment, reparation, justice [and hopefully reconciliation]. While this is being worked out, what do we do with Sri Lankan refugees and asylum seekers in Australia who for one reason or another have failed to have their claims for protection recognised by a system that sets them up to fail?

Are deportees and returnees safe? What is the role of the International Organisation for Migration (IOM)? Australian Immigration compliance officers and Departmental correspondence say that the role of the IOM is to assist voluntary returnees and provide a financial incentive to ‘reintegrate’ and meet them on arrival at the airport in Colombo.  When I asked if the IOM or the Immigration Department can guarantee the safety of returnees or deportees, the compliance/removal officer simply stated this is not our (Immigration) role. He said the IOM has received only one complaint of violence and all’s well in Sri Lanka. He was unsure of the scope of IOM’s role.

Two young Tamil men deported last year under the enhanced screening policy told me they were beaten on arrival, and reported to the authorities on at least two occasions. The questioning is routine though they live in constant fear of being picked up, detained and tortured. The fear is real.

Another Tamil deportee told me his life is over. He only leaves his house for casual work as he is too afraid to go out. He lives in constant fear of being picked up, detained and tortured. The beatings and harsh interrogation at the airport traumatised him.

I know of another Tamil returnee who said he has not received any assistance, financial or practical from the IOM.  Many people shrugged their shoulders when I raised the role of the IOM.

Close relatives of three Tamil asylum seekers in Australia told me they are being harassed by the authorities asking about their whereabouts. A brother has been beaten and asked to report to the authorities; a wife was visited on a number of occasions and is too scared to report to the police because she would have to give her phone number.

The Australian government has a moral, legal and ethical responsibility to ensure the safety of deportees and returnees.  Under international law, Australia cannot return a person to any place where they risk serious harm, including torture and cruel, inhuman and degrading treatment. A human rights campaigner stated ‘we know that deportees will not have a secure life once they arrive back in their country. I know they all have to pay through their nose and keep the corrupt officials out of [sight] and [their] life is not put in jeopardy….’

This fear may be alleviated if reforms are sincere and faith in the justice system is restored. A legal expert said to me that ‘if the situation is conducive and robust here in Sri Lanka, then those who want to return, will return.Those who decide to remain must be allowed to remain in the second country or third country as it will take years to reach normalcy with [a] political solution’.  

We can’t have it both ways. We know we are sending some people back to danger but there is no monitoring or political will to ensure their safety and positive reintegration. The Sri Lankan government has its own challenges to re-build its economy and to ensure security and safety for its people, including returnees and deportees from abroad.  A network of support for this group of vulnerable people is needed to alleviate fears and provide economic support.

Rebecca Lim is a Brisbane-based migration and community engagement practitioner. Rebecca has post-graduate degrees in Social Science and Australian migration law. In 1980, Rebecca worked with the Indo-Chinese refugees in a refugee camp in Indonesia.  From 2010, she was deployed to detention centres across Australia and offshore to Manus Island, PNG representing asylum seekers and refugees from many countries, including Sri Lanka. Rebecca visited refugee camps and detention centres in India and Hong Kong; and NGO’s in Burma and Thailand. Rebecca is the recipient of a meritorious award by the UN Association of Australia in 2014 in recognition for her contribution in raising awareness and promoting human rights for asylum seekers within Australia and overseas.

Rebecca plans to undertake a PhD research on gender justice and can be contacted on Rebecca.lim.aus@gmail.com

Further reading:

https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15820&LangID=E

https://www.ucanews.com/news/deferral-must-be-used-to-make-sri-lanka-war-crimes-report-stronger/73047

https://groundviews.org/2015/03/02/human-rights-and-50-days-of-sri-lankas-new-presidency/

https://thediplomat.com/2015/04/sri-lanka-can-sirisena-deliver-on-reforms/

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We all know that in applying for a visa, processing would take time, and we either become impatient in waiting for our visas to process, become to relaxed in getting the requirements for our visa (further delaying the processing of the visa), or become more and more anxious of what the results would be.

To educate the people on their processing, DIBP provides us with information with regards to processing times of each visa so we can be educated and set expectation on how long your applications will be processed.

Processing Times:

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DIBP released Australia’s Migration Programme for 2014-15.

Australia’s Migration Programme is providing a total of 190,000 places for immigration. This includes the following:

According to DIBP, building the economy, shaping the society, supporting the labour market, and reuniting families are the purpose and priority of migration. The provided places for immigration are broken down to:

For more information, see “2014-15 Migration Programme

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For those who have applied and is planning on applying for a visa for Australia, or even planning to sponsor someone from overseas, there are rights and obligations that you should be aware of to know your duties and responsibilities as a migrant and as a sponsor, and also to educate yourself about your rights as a migrant and as a sponsor.

DIBP provides, through their website, an information booklet "Your rights and obligations – immigration facts for workers" for everybody to educate themselves about their Rights and Obligations. It states that the information booklet covers basic protections and entitlements, work rights, visa choices, employer obligations and using a migration agent for overseas workers.

Relaying and receiving information can be tough, especially when it comes to applicants that have limited English, so DIBP provided translated versions of the information booklet for convenience. DIBP states that the information booklet is translated into several languages based on the main nationalities of vulnerable or illegal workers in Australia.

Chinese (Simplified) (319KB PDF file)
Hindi (386KB PDF file)
Indonesian/Bahasa Indonesia (277KB PDF file)
Korean (545KB PDF file)
Bahasa Melayu (478KB PDF file)
Tagalog (545KB PDF file)

 

For more information regarding the information booklet, visit Your Rights and Obligations – Immigration Facts for Workers

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DIBP released news regarding the Ebola Virus on August 8, 2014, stating that the Ebola Virus Disease (EVD) has been reported in West Africa and states that the government is monitoring the virus. We’ve heard about the Ebola Virus for the past few days and weeks but do we really know what it is and what it does to us? Why are we afraid of it breaking out? And why is it closely monitored by the officials?

According to the Centers for Disease Control and Prevention (CDC), the Ebola Virus is also known as Ebola HF, or Ebola Hemorrhagic Fever. It is a severe, often fatal disease that is caused by an infection, and when an infection occurs, the symptoms usually begin abruptly. It affects humans and nonhuman primates such as gorillas, monkeys, and chimpanzees.

If the symptoms begin almost immediately after being affected, what are the symptoms we should look out for? The following is a list of signs and symptoms of Ebola HF:

Symptoms of Ebola HF typically include:

Some patients may experience:

CDC states that the symptoms can start anywhere from 2 to 21 days after exposure to Ebola virus though 8-10 days is most common. Some people who are infected with the Ebola virus are able to recover but there are some cases that they do not and it’s usually because of underdeveloped or having a weak immune response to the virus.

The Australian Government is already monitoring the Ebola virus to reduce the risk of it entering the country. Even though there's a small chance of you having it, the government are strict about threats to public health, so it's best to have yourself a check up.

For more information regarding the Ebola Virus, visit Ebola Hemorraghic Fever  (CDC) and Ebola (DIBP News).

And for more information regarding the threats to public health that DIBP is monitoring, visit Threats to Public Health (DIBP).

 

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DIBP Skillselect released a list of occupations and their respective ceilings on their website and is updating it as positions are filled. We have compiled the top 10 occupations that have the largest number of positions available.

The data below are accurate as of August 6, 2014:

Occupation Id Occupation No. of positions allocated Actual Results to date
2544 Registered Nurses 15042 296
3411 Electricians 7854 22
3312 Carpenters and Joiners 7164 20
2414 Secondary School Teachers 7002 26
3232 Metal Fitters and Machinists 6816 8
3212 Motor Mechanics 6444 6
2211 Accountants 5478 432
1331 Construction Managers 5178 15
2613 Software and Applications Programmers 5004 280
3223 Structural Steel and Welding Trades Workers 4482 7

 

Nursing leads the list as it has the largest amount of positions allocated with 15,042. It's more than double the allocated positions in any occupation in the list. Even though Nursing leads with the number of allocated positions, Accountants lead in the number of positions filled with 432, with Nursing comes at second with 296.

For more information regarding Skillselect, visit Skillselect.

Trying to comprehend visa requirements, forms and procedures can be extremely confusing. Finding an agent is equally as confusing because sometimes, you just don't know who you can really trust.This article will help you narrow your choice to hire an experienced, confident and professional migration agent amidst the ocean of untrustworthy migration agents.
WARNING SIGN #1:

Ask yourself: “Did they request for all the relevant information from me before trying to offer me their services?”. If not, then they are not off to a good start. “Was there a legitimate assessment process?”. You want an agent that will assess the risk of your application and your eligibility upfront! Not later when your application is lodged and on the pathway to being refused.

WARNING SIGN #2:

Note: If an agent doesn’t go through the details of your eligibility, and “clearly explain” how you are eligible (including informing you of any risks), then they are probably just taking your case just to make a some quick cash! Your agent should be able to explain your eligibility and the critical requirements so that YOU understand them.

WARNING SIGN #3:

Fact: It is illegal for any registered migration agent to ‘100% guarantee’ a successful visa outcome. No matter how strong your case may be, there is always a degree of risk. If the agent promises success, they are being dishonest about your situation and violating the MARA ‘code of conduct’ that agents are obliged to adhere to.

WARNING SIGN #4

Ask yourself: “What are you paying a migration agent for”, if not to represent your case, strategically advocate for you, and liaise with Immigration about the merits of your application. In the event that your application has a problem (eg. mis-interpreted evidence from a strict Immigration officer), you want your agent to have the 'experience', 'knowledge' and 'confidence' to fight for your case!

A good migration agent has both in-depth knowledge and strong advocacy traits. Hiring an agent is not just about making your application look pretty and simply lodging it. Hiring an agent is having the extra security that they can ensure your application meets the requirements, advise you if there are any short-falls in your application, and have the ability to skillfully liaise with Immigration to gain a successful outcome.

WARNING SIGN #5

If you have met an agent whose price seems too good to be true, then it probably is. The general rule is the cheaper it is, the less experience they have... Or they simply have a 'corporate' attitude to make quick and easy sales to make money. You want an agent that will work-hard for your case and most skilled agents will charge reasonably for their expertise.

Remember, you should be looking for an agent with experience, strategic knowledge, the ability to identify 'risks', the ability to handle problems, and someone you can easily contact! Do not hire an agent that only knows how to put together 'simple' cases.

SUMMARY

So there you have it. These are some of the warning signs you should look out for to identify unreliable agents. Always do your research, get a second opinion and choose wisely when you hire a migration agent to help you with your visa application.

To find out HOW TO AVOID the 5 Most Common & Critical Mistakes that lead to refusals, visit www.visaone.com.au

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