Australian Immigration Daily News

South Australian Immigration has relesed the following update:

The Government of South Australia has been advised of a limited number of interim allocation places for the State’s General Skilled and Business Migration Program for 2020/21, which will be prioritised to support South Australia’s economic and public health recovery.

The full nomination allocations for 2020/21 will be determined later in the year as part of the 2020/21 Budget process.

This decision concerns whether an individual that entered Australia as a working holiday maker was a resident of Australia for tax purposes and whether that individual was required to pay tax at the minimum 15 per cent tax rate applying to working holiday maker income or at the rates that otherwise apply more generally to Australian residents (which incorporate the tax-free threshold).

‘This decision upholds the ATO’s current view meaning that employer obligations have not changed, and employers should continue to apply the appropriate tax tables when determining the amount to withhold for working holiday makers,’ Deputy Commissioner Jeremy Geale said.

The parties have until 3 September 2020 to seek special leave to appeal the Full Federal Court’s decision to the High Court.

Source: Addy-v-Commissioner.pdf

As announced earlier, standard business sponsors able to reduce working hours without breaching Condition 8107/8607 or the business being in breach of their employer obligations.

However, those who have been laid off and are currently unemployed will need to find another employer within 60 days or make arrangements to leave Australia, where this is possible.

Holders of temporary work visas currently employed in COVID-19 critical sectors including but not limited to health care, aged and disability care, childcare, or agriculture and food processing may be eligible for a  Temporary Activity Visa (subclass 408) Australian Government Endorsed Agreement Event  stream (COVID-19 Pandemic event visa).  The criteria for this visa has broadened as a result of recent announcements regarding what are currently considered to be critical skills sectors.

Australian Borderforce updated the critical skills list on the basis of which a travel exemption may be granted into Australia.

The Commissioner of the Australian Border Force may grant an individual exemption if an applicant is a non-citizen:

• travelling at the invitation of the Australian Government or a state or territory government authority for the purpose of assisting in the COVID-19 response
• providing critical or specialist medical services, including air ambulance, medical evacuations and delivering critical medical supplies
• with critical skills required to maintain the supply of essential goods and services (such as in medical technology, critical infrastructure, telecommunications, engineering and mining, supply chain logistics, agricultural technology, food production, and the maritime industry)
• delivering services in sectors critical to Australia’s economic recovery (such as financial technology, large scale manufacturing, film and television production and emerging technology), where no Australian worker is available
• whose entry would otherwise be in Australia's national interest, supported by the Australian Government or a state or territory government authority.

An individual can submit a request for a travel exemption under this category or a business can submit a request on their behalf. The applications of multiple travellers within the same group/business can be linked, so that the requests are considered together.

Due to the current COVID-19 situation, Victorian Medical Centres will be closing. No new bookings are being accepted in Victoria. New bookings will become available once restrictions are eased by the Victorian Government.

For visa applicants with existing bookings in Victorian Centres, you will be notified shortly that your appointment has been cancelled and will need to be rescheduled once restrictions are eased and services recommence. No action is required from those who have already made an appointment.

The Department of Home Affairs will be able to issue extensions to complete medical examinations as appropriate.