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Ruslan-Ahmadzai

Ruslan-Ahmadzai

Solicitor specialising in corporate immigration.Registered Migration AgentSpecialities: Migration Law, Employer Compliance in Immigration, Business Stream Visas, Family and Partner Visas, CPD Training.

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As many readers know, I regularly run CPD webinars conducted by Legal Training Australia.  My favourite topic? The Code of Conduct which may on the surface appear to be somewhat reductive, however, when broken down into segments it becomes quite an interesting a challenging subject to teach.  The main question that from the subject are

- what makes a Registered Migration Agent, a Competent Agent?

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The National Conference conducted by Migration Alliance was held on Friday 15 November attended by more than 700 migration agents.  

Several vital topics were covered during the session including: 

  • TSS visas and transitioning employees to permanent residence
  • An update from South Australian government in relation to skilled migration intake
  • Representing an applicant at the Administrative Appeals Tribunal
  • Presentation by the Orana Region, specifically focusing on DAMA
  • An update from Victoria, NSW, BSMQ in relation to business skills as well as skilled migration programme
  • Finally, the Mock AAT hearing

It was also a pleasure to host the Department of Home Affairs which provided insightful updates in relation to the new regional skilled visa subclass 491 and 494.  This was followed by an update on Immigration Program Management and Delivery: Skilled and Investment Visas, and Temporary Migration, Update on Global Talent Initiative. Lastly a stern update on provision of unlawful migration assistance and an update on migration advice industry. 

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Alarming new statistics relating to processing times for Subclass 189 – Skilled Independent Visas which were recently published by Home Affairs state that 90% of cases take 22 months to finalise (no, this is not a typo).

Migration Alliance received a number of emails expressing concerns over these processing times.  For those who may not be aware, Skill Select process was introduced on 1 July 2012 and was largely a product of prior failed GSM system where due to the large volume of applications lodged with the Department, it became impossible to process these applications. 

Anyone remembers the infamous email sent to GSM applicants asking if they would like to withdraw their GSM application?

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From November 16, 2019 we will see an introduction of two new regional provisional visas.   Both are intended to lead to permanent residency.

1. Skilled Work Regional 491 Visa

To be rolled out on 16 November, the Subclass 491 Skilled Work Regional (Provisional) visa (Subclass 491), is a new and enhanced points-tested visa to assist regional Australia, for applicants nominated by a state or territory government agency or sponsored by an eligible family member residing in a designated regional area.  This visa will be valid for five years.

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The process of sponsoring an employee on a TSS (482) visa should be viewed beyond transactional aspect of obtaining a TSS visa.  As an approved business sponsor, there are a number of Sponsorship Obligations which the sponsoring entity must meet as part of holding their sponsorship status.  In broad terms, the following Sponsorship Obligations apply to all standard and accredited business sponsors:

Notify the Department of Home Affairs when the following occurs:

  • the visa holder’s employment ends or is expected to end
  • there are changes to the work duties carried out by the sponsored visa holder
  • the sponsor pays or has paid the return travel costs of a sponsored visa holder or any of their family members in accordance with the obligation to pay return travel costs
  • the sponsor becomes insolvent within the meaning of subsections 5 (2) and (3) of the Bankruptcy Act 1966 and section 95A of the Corporations Act 2001
  • the business ceases to exist as a legal entity

These are just some of the examples of sponsorship obligations.  The remainder of which can be found on Home Affairs website: https://immi.homeaffairs.gov.au/visas/employing-and-sponsoring-someone/existing-sponsors/standard-business-accredited-obligations

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