1 Presentation by Lena Hung Accredited Immigration Law Specialist Principal Lena Hung amp Associates 2 Student Visas New 188E Entrepreneur Stream for Business Skills Visas Member of Family Unit Regulations ID: 812537
Download The PPT/PDF document "RECENT DEVELOPMENTS AND HOT TOPICS" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
RECENT DEVELOPMENTS AND HOT TOPICS
1
Presentation by Lena Hung
Accredited Immigration Law Specialist
Principal, Lena Hung & Associates
Slide22
Student Visas
New 188E Entrepreneur Stream for Business Skills Visas
Member of Family Unit Regulations
Changes to Subclass 462Summary of 400 Series Changes
RECENT DEVELOPMENTS AND HOT TOPICS
Slide33
STUDENT VISAS POST 1 JULY 2016
Subclass 500 Student visa
Subclass 590 Student Guardian
28 Day rule moved from Schedule 2 to Schedule 1
Onshore Applicants must not hold the following visas:
Subclass 426 Domestic Worker (Temporary) Diplomatic or Consular Visa
Subclass 403 Temporary Work (International Relations Visa) Domestic Worker Stream
Subclass 995 Diplomatic Visa
Subclass 771 Transit Visa
Subclass 600 Sponsored Family or Approved Destination Status Streams
Slide44
STUDENT VISAS POST 1 JULY 2016
S
= Streamlined evidentiary requirements
R
= Regular evidentiary requirements
Source: The Simplified Student Visa Framework p.2
Slide55
STUDENT VISAS POST 1 JULY 2016English Requirements – VET and Higher Education courseTest results validity of 2 years (can provide at time of decision) IELTS 5.5 no ELICOSIELTS 5.0 with 10+ weeks ELICOSIELTS 4.5 with 20+ weeks ELICOS
Slide66
STUDENT VISAS POST 1 JULY 2016Genuine Access to Funds and Financial CapacityAnnual IncomeFunds held in:
Spouse of primary applicant
Parents of primary applicant
Money Deposit in a Financial Institution
Loan with a Financial Institution
Government Loans
Scholarship or Financial Support
Annual income of $60,000 if applicant applying alone
Annual Income of $70,000 if applicant including any Dependants
Sufficient funds to cover:
First 12 months of stay
Living costs:
Primary Applicant $19,830
Student Guardian $19,830Partner $6,940Dependent Child $2,970Course fees (dependants) $8,000Travel Expenses for all applicants
Slide77
STUDENT VISAS POST 1 JULY 2016Age Requirements for schools sectorAdding Dependants -Different requirements for subclasses 500 and 590Condition 8202 Enrolled and Maintain Course Progress Condition Visa-holder must maintain enrolment in a registered course that, once completed, will provide a qualification from the Australian Qualifications Framework (AQF) that is at the same level as, or higher than, the registered course in relation to which the visa is granted (e.g. cannot move from Bachelor Degree to Vocational Diploma, but can move up to Master’s Degree on the same subclass 500 visa)Where a Visa Holder is enrolled in a Doctorate Level (AQF Level 10), they may move down to complete a Masters Level Course (AQF Level 9) and still comply with Condition 8202
Slide88
Source:
https://www.border.gov.au/about/reports-publications/research-statistics/statistics/key-cancellation-statistics
Slide99
188E Entrepreneur Stream Business SkillsUndertaking a Complying Entrepreneur Activity Innovative Idea leading to Commercialisation or Enterprise Development, except the following:Labour hire activities
Residential real property
Acquiring interest in existing business, including a franchise
Funding of at least $200,000 from one of the following:Commonwealth/State/Territory agency
Bodies under publicly funded research under the law of a Commonwealth, State or Territory
Venture
Capital Limited Partnership*
Early Stage Venture Capital Limited Partnership*
Higher Education Provider listed under Table A or B of
Higher Education Support Act 2003
Funding must be Lawfully Acquired and Unencumbered
Business Plan
* VCLP
and EVCLP Lists available https://www.business.gov.au/assistance/venture-capital
Slide1010
188E Entrepreneur Stream Business SkillsEntrepreneur Stream minimum requirements: Age under 55 or ‘exceptional economic benefit’ to the State or TerritoryCompetent EnglishSufficient Net assets for settlement in State or TerritoryGenuine Intention to undertake Complying Entrepreneurial Activity
Slide1111
888E Entrepreneur Stream Business Skills - PRHold 188 visa in Entrepreneur Stream for at least 4 years Reside in Australia for a period of at least 2 out of 4 years Overall successful record of undertaking activities of an Entrepreneurial Nature in Australia, having regard to:Number of Australia citizens and permanent residents employed in relation to complying entrepreneur activitiesLevel and nature of funding and investments in the activitiesAnnual turnover of business related to the activities
Slide1212
Member of Family Unit RegulationsFrom 19 November 2016Only allow the core family unit (partner and children or grandchildren) who are ‘dependent’ on the family head to be included Only allow children 18 to 23 to be included in an application if they are ‘dependent’ on the family head Note:MoFu definition is retained for Refugee, Humanitarian and Protection Visas “Dependent Child” under Reg 1.03 unchanged – no age limit – applies to 820/801Doesn’t affect
MoFu
for new visa basis on earlier status as
MoFu, eg. 457 to ENS, RSMS, 173 to 143, Regional Skilled visas to 887, old 457 to new 45723 Age limit on new 457 Dependants
Slide1313
13
Member of Family Unit Regulations
Primary
Partner
Child
Child
Step Child
GrandChild
Mother in law
Uncle
Previous Reg. 1.12 Pre 19/11/16
Dependent
Slide1414
14
Member of Family Unit Regulations
Primary
Partner
Child
Child
Step Child
GrandChild
Dependent
Current Reg. 1.12 – General Family (Post 19/11/16)
Uncle
Mother-in-law
Slide1515
Changes to Subclass 462 – Work and HolidaySecond Work and Holiday visa (462) - completed 3 months of specified work on first 462. Work must have commenced after 18 November 2016 and paid Award rates. IMMI 16/097 prescribes ‘specified subclass 462 work’: (Different to 417)At least 3 months of work in prescribed postcodes in Queensland or Western Australia or all of the Northern TerritoryWork can be performed within prescribed occupations in the Tourism and Hospitality industry (e.g. Hotel Managers, Art Administrators, Café and Restaurant Managers or Café attendants, etc.)
Work can otherwise be performed within prescribed occupations in the
Agriculture industry
(e.g. plant and animal cultivation, fishing and pearling jobs, tree farming and felling jobs, etc.)
Slide1616
Changes to Subclass 462 – Work and HolidayCountries added to the Work and Holiday framework in over last 12 months:ChinaIsrael HungaryLuxembourgSan MarinoA new Work and Holiday arrangement was signed with Ecuador on 19 January 2017
Slide1717
Summary of 400 Series Changes
6 month transitional period (18 May 2017) for “legacy” sponsors previously approved to lodge new visa
28 Day Rule (“Schedule 3 requirements”) moved from Schedule 2 to Schedule 1 (Validity issues)
Lodgement online via ImmiAccount (except 403 International Relations)
Four subclasses:
New Subclass 400
captures old subclass 400 (Highly Specialised Work and Australia’s Interest)
New Subclass 408
captures old subclasses 400 (Invited Participant) 401, 402 (Research) 420, 488 and 416 (Special Program)
New Subclass 407
captures old subclass 402 (Professional Development and Occupational Trainee)
New Subclass 403
captures old subclasses 403 (all streams) and 416 (Seasonal Worker Program)
Slide1818
Summary of 400 Series Changes
Source:
https://www.border.gov.au/Trav/Work/temporary-activity-visa-changes
Slide1919
Questions? Contact us:Lena Hung & AssociatesSuite 3, Level 12, 470 Collins StreetMelbourne Victoria 3000Tel: (03) 9041 6520Fax: (03) 9939 5405Website: www.lenahung.com.auEmail: info@lenahung.com.au