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Join us for

Exclusive SIV cocktail event

Following the successful SIV cocktail events held in Sydney, Brisbane and Melbourne,  Migration Alliance is delighted to invite migration agents who practice in, or have an interest in Significant Investor 188 and 888 applications to an exclusive event by our sponsors NAB Private Wealth to be now held in Perth.

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The review of OMARA provides a rare opportunity for registered migration agents (RMAs) to voice their opinion on how the industry ought to be regulated. The Migration Alliance encourages RMAs to review its white paper and provide comments and suggestions before it is submitted to the reviewer.

The migration advisory industry is growing at a rate of over 6 per cent a year with currently some 5200 agents registered to provide migration advice. The demand for professional migration advice is on the rise. Perhaps the increase in the number of RMAs is due to the tightening of immigration legislation in Australia, making it a particularly tight-line for prospective migrants to walk alone in their aspiration for Australian residency. Perhaps the increase in the number of registered practitioners is also the result of the campaign against unregistered practice.

Undoubtedly, as immigration controls tighten and people become more desperate to gain entry or remain in Australia, the importance of good immigration advice will only intensify. Discerning clients will be looking to professional assistance given the complex migration laws and policies, the high stakes and increasingly expensive application charges.

Indeed, then the review of the industry’s regulatory is timely as the current regime is not working well enough given the numerous complaints from RMAs we have seen on this blog. The review then, provides a rare opportunity for RMAs to voice their opinions on how the industry ought to be regulated.

The Migration Alliance has taken the lead in this and has laid out a proposed framework for the regulation of the industry in its White Paper. To help ensure that this proposal properly reflects the views of RMAs, the MA has invited RMAs to comment on the White Paper and offer suggestions before it is submitted to the reviewer. The closing date for submission is 27 July 2014.

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The following email has been sent into NSW Trade and Investment Migration Policy this morning by me:

Hi Lindsey

RMAs are not satisfied with the response provided by NSW Government. 

Is the NSW Government  (Skilled) going to fix the botched application process that cost so many applicants the opportunity to apply?  By this I refer to the unannounced application window, huge technical problems resulting in many people getting half way through applications and then being blown out of the system by crashing servers, etc and then having no opportunity to start their failed application again, etc etc.

The huge demand for applicants was perfectly predictable given the many months of closed applications prior to that.  Lots of human cost to this mess, yet NSW officials seem relatively ok with their “new” system and are downplaying the major technical problems as glitches, etc.  In short, this was a disastrous rollout of a fatally flawed system that resulted in a great amount of frustration and disappointment from people who only wanted the opportunity to apply for sponsorship. 
 
And even if NSW Government spends millions of tax dollars to upgrade the servers and bandwidth, under the current plan what would that reduce the application window from an hour last time to – 10 minutes?

How are RMA’s supposed to ethically decide which of multiple sc190 sponsorship applications goes in first, and what of an RMA’s legal liability if they agree to lodge this type of application and are prevented from doing so by NSW’s technical problems and/or not having time in the tiny window of opportunity to get all of their clients’ applications lodged?

Some RMA’s are taking the view that it is not ethical to recommend NSW state sponsorship at this point, given the random nature of who was able to get through or not during the 14 July debacle given all the problems.
 
MA takes the lead on this issue and complaints are coming in that as usual the MIA has simply repeated the lame NSW response (that doesn’t address most of the important issues) without commentary.  Members of the MIA and MA have turned to Migration Alliance to contact the NSW Government in and ask the hard questions. 

Thank you for your time and I look forward to a response that I can send to all 5200 agents across the profession.
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Amid allegations wealthy Chinese ­citizens are secretly transferring money into overseas property markets, Australian banks’ are being queried at various levels including the claim of the ‘mis-using’ of the ‘Significant Investor Visa’ funds for investment into Australian real estate, reports the Australian Financial Review.

Banks are telling a parliamentary economics committee inquiry investigating the foreign investment in Australian real estate, that they there are limitations on what they know about foreign real estate investors.

The AFR reports that the Macquarie Group was asked what it did to make sure loan clients were not mis-using the “Significant Investor Visa” and diverting the funds into property assets: “Macquarie said it did not directly monitor how loaned funds were being used but it had the power to call in the loan or seize collateral early if clients were dishonest.”

ANZ, which is targeting Asian customers, was asked whether it traced the source of income for individual foreign buyers when it was lending money to domestic property developers.

The bank’s response, said it did not trace foreign buyers’ source of income, but it checked the post-codes of “pre-sales” to make sure they were genuine.

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The Coalition has invalidated legislation deeming oil and gas projects to be within Australia’s migration zone, insisting the controversial move was necessary to restore certainty to the $200 billion offshore oil and gas sector.

In response to a Senate vote Wednesday night that blocked several visa categories for foreign oil and gas industry workers, Assistant Minister for Immigration and Border Protection Michaelia Cash issued a Legislative Instrument on Thursday to override the vote. The minister said that the controversial move was necessary to restore certainty to the $200 billion offshore oil and gas sector.

Labor’s legislation amended the Migration Act to ensure people working in an “offshore resources activity” were deemed to be in Australia’s migration zone. Therefore, foreign workers would have been required to hold an “offshore resources visa” or permanent visa.

Last Wednesday the Australian Senate voted to disallow a regulation that put foreign workers into three visa categories. That regulation, Migration Amendment (Offshore Resources Activity) Regulation 2014, was intended to quash a more restrictive law put in place by the previous government that would have required a new “offshore resources” visa for those workers. Both measures had effective dates of 30 June.

Following the disallowance vote, Assistant Minister for Immigration and Border Protection Michaelia Cash quickly issued Legislative Instrument IMMI 14/077 – Determination Subsection A(6) Migration Act 1958 to override the vote.

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