Business sponsor shame list to begin 13 December 2018; Powers to request tax file numbers; Clarity on review rights for refused sponsored visas

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Business sponsor shame list to begin 13 December 2018; Powers to request tax file numbers; Clarity on review rights for refused sponsored visas

New regulations will come into force on 13 December 2018 that will see the Minister of Immigration, Citizenship and Multicultural Affairs publish a list of sanctioned business sponsors, what obligation they breached, and the sanction they received.

The Secretary of the Department of Home Affairs will be able to request from visa applicants, sponsors, and nominators, tax file numbers of visa holders and former visa holders for many temporary and permanent skilled visas. The ramifications of this may see more visas refused and cancelled.

Lastly, amendments have been made to give more certainty to sponsored or nominated workers whose visa applications are refused to seek review at the Administrative Appeals Tribunal.

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On the horizon: TPP-11 countries to be exempt from 457/482 LMT; character test to be toughened

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On the horizon: TPP-11 countries to be exempt from 457/482 LMT; character test to be toughened

Upcoming change to labour market testing (LMT) exemptions for Subclass 457 – Temporary Work (Skilled) and Subclass 482 – Temporary Skill Shortage visas are due to come into effect on 30 December 2018. This will add signatory nations of the TPP-11 who have also ratified the agreement to the list of countries exempt under international trade obligations.

Also, the character test is set to toughen (pending the passage of legislation). The new provisions will add a category of designated offences to the definition of what is a substantial criminal record. If passed, visa refusals and cancellations based on character will most likely increase.

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Annual report season: Processing woes; permanent migration places to remain at 190 000

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Annual report season: Processing woes; permanent migration places to remain at 190 000

The Department of Home Affairs and the Administrative Appeals Tribunal released their 2017-18 annual reports. Both provide good insights into their performance over the last year and their shortcomings, namely that processing of certain applications have slowed.

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457/TSS: Priority processing no more; all 457 applications expected to be finalised by end of year

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457/TSS: Priority processing no more; all 457 applications expected to be finalised by end of year

The Department of Home Affairs have ceased considering any request for priority processing for Subclass 482 - Temporary Skill Shortage visas and Subclass 457 - Temporary Work Skilled visas yet to be finalised. It is expected that all outstanding 457 visa and related applications will be finalised by the end of the calendar year. Processing times for labour agreement applications will also drop due to a new processing model.

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