Friday, 4th May 2018

 

Issue #1 May

 

TOP STORY

PArent visa
 

ISSUES OF THIS MONTH

Australia doubles financial requirement for families of new migrants

 

Business lobby, unions join forces to call for 'no reduction' to migration rate

 

Child Visas and Meaning of Dependent Child

 

Available Jobs in Australia

 

Australia doubles financial requirement for families of new migrants

The Turnbull government has quietly made it harder for poorer migrant families to financially back their relatives in visa applications.

Significant changes have been made to the assurance of support scheme, a program designed to keep new migrants off welfare by ensuring their families have enough money to support them in their initial years in Australia.

It is compulsory to have a guarantor for some visa categories, including parent, aged dependant, contributory parent and remaining relative, while the home affairs department has a discretionary power to require it in other categories.

But late last month the government changed the amount an assurer needs to earn. In most cases, the families of new migrants will need to earn more than double what was previously required.

For example, if a couple in Australia wants to act as financial backers for their parents, they will need to earn a combined $115,475 a year, instead of $45,185. A single person who wants to vouch for their parents will need to earn $86,606, rather than $45,185.40.

The changes will also significantly increase the amount families need to have as “security” – usually a bank guarantee – for new migrants in some visa categories from April 2019.

The government also intends to introduce the 12-month assurance of support requirement for part of Australia’s humanitarian intake, through the community sponsorship program.

Source: THE GUARDIAN

 
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Business lobby, unions join forces to call for 'no reduction' to migration rate

big-australia

Big business has joined forces with the ACTU in an unprecedented compact to back a Big Australia, calling on the federal government to maintain current levels of permanent migration amid calls for the rate to be cut.

The historic coalition of peak unions, employer groups and the ethnic lobby will release a united policy document today warning of the economic and social consequences of dropping the annual migration rate.

The ACTU's involvement comes as it embarks on a high-profile campaign to rein in employers' access to temporary foreign workers.

The first migration document of its kind in the nation's history calls for the current goal of an annual intake of 190,000 to be retained, with long-term levels set proportionally to the population.

The accord will see the ACTU and United Voice, one of the most influential unions in the country, sign a National Compact on Permanent Migration with the peak employer body, the Australian Industry Group.

The document, spearheaded by the Migration Council, signals the first time unions and employer groups have reached general agreement on temporary skilled migration but based on stricter policing of the program.

ACTU secretary Sally McManus told The Australian the ­ country had a history of permanent migration for "most of the 20th century".

"That system was predicated on civic inclusion as an Australian ideal; the idea that if you lived and worked in Australia, paid taxes and abided by the law, you should also get a say in the content of those laws, as well as the chance at full participation in our social, economic and political life," she said.

The issue has divided government ranks, with cabinet ministers publicly at odds with each other over whether the annual intake should be reduced as first proposed by former prime minister Tony Abbott.

The business-unions compact follows the release of a report by Treasury and the Department of Home Affairs that backed a Big Australia and revealed that permanent annual migration was forecast to add 1 per cent to GDP growth each year for the next 30 years.

 
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Child Visas and Meaning of Dependent Child

Child visas

Who is a "dependent child" within the meaning of the Migration Regulations?

This might seem to be a somewhat "obscure" or "arcane" question.

But it is an important one for parents who are seeking to get a "child" visa (Subclass 802) for an "adult child" - one who has turned 18.

Especially so in this era of "prolonged adolescence" when many children who are over the age of 18 are still not financially independent.

The Migration Regulations - sub-regulation 802.214(2) – do include a "special provision" which makes it possible to obtain a permanent "child" visa for a child who is over 18 years old, on condition that the child meet the definition of a "dependent child" under regulation 1.03.

In turn, that definition of "dependent child" states that a child will be considered to be "dependent" if she or he is "incapacitated for work due to the total or partial loss of the child's bodily or mental functions".

The difficult issue that arises from this definition is whether the child must be totally incapacitated from doing any work, or whether a "partial" incapacity is sufficient.

A very recent decision of the Full Court of the Federal Court provides important guidance and clarification on this issue.

The background circumstances of this case were as follows: the applicant was a British citizen who had originally arrived in Australia on a Working Holiday visa. She subsequently applied for a Child (Residence) – Subclass 802 visa, with her father serving as her sponsor. At the time that the visa application was made, the applicant was 20 years old.

The Department refused the visa application in the first instance on the basis that the applicant was not satisfied that she had a medical condition that met the definition of “incapacitated for work”.

An application for merits review of this refusal then followed in the Tribunal.

There was evidence before the Tribunal that the applicant was suffering from both depression and Post-Traumatic Stress Disorder due to a childhood trauma. Due to these conditions, there were periods when the applicant was unable to work.

However, there was also evidence that the applicant was not permanently incapacitated from all work, and that there had been periods when she had been employed both in the UK and in Australia. In fact, there was evidence that she had been working up until one week prior to the hearing before the Tribunal.

There was also evidence before the Tribunal that the applicant should not work full time until she addressed her mental health concerns. The psychological evidence stated that the applicant was able to look for casual employment involving up to 15 hours a week, and that she could gradually increaser her working hours.

The Tribunal took the view that the definition of "dependent child" meant that an applicant must be completely incapacitated from all work. Accordingly, since the applicant had been able to do some work on a part-time basis, the Tribunal concluded that she did not meet the definition. Accordingly, it affirmed the refusal of her visa.

Although the Federal Circuit Court also took the view that the definition of dependent child required that a person must be completely incapacitated from work, the Full Court concluded that this approach was incorrect.

The Full Court held that the definition of dependent child in regulation 1.03 does not require that a person be completely incapacitated. Rather, the Court ruled that the correct interpretation of the regulation allows that a person may meet the definition if they are "substantially incapacitated"– meaning that due to their physical or mental condition there is a significant impairment in their earning capacity, to the point where the applicant does not derive sufficient income from work and requires financial support.

At the same time, the Full Court stated that a person who is only "trivially" or "inimally" incapacitated from work - would not be able to meet the definition of a "dependent child".

 

Available Jobs in Australia

Jobs in Australia

Job2Go is a local recruitment company based in Adelaide, Queensland and Sydney, and has been providing staffing solutions and human resource services to small to large sized companies throughout Australia. We are hiring for the following positions.

Cook

An exciting opportunity had opened for an experienced Cook! Our client has been providing high quality authentic Indian food for the past 20 years. The right candidate will have excellent knowledge of dishes from all over India.

To be successful in this role, you will have:

  • Formal qualification
  • Relevant experience as a Cook in similar position is preferred.
  • The ability to work in a fast paced environment where you will be required to stand for extended periods of time.
  • The ability to make independent decisions when circumstances warrant such action.
  • Attention to detail and be a good team player.

Panel Beater

Well established Brisbane Auto Centre is seeking to employ an experienced Panel Beater.

Your role will require you do the following:

  • Conducting finishing touches on panel repairs including grinding, filing, polishing, painting and spray painting.
  • Fitting and replacing damaged vehicle parts with new panels.
  • Utilising welding equipment in cutting and fitting new parts onto the vehicle.
  • Filling small and large depressions with plastic fillers.
  • Repairing dents and damaged panels.
  • Utilising hydraulic equipment to straighten, realign and repair damaged vehicle parts.
  • Removing upholstery and other vehicle parts.
  • 5 years experience with exclusive European cars like Ferrari, Maserati, Audi, Porsche etc.
  • Assisting in any other work the supervisor sees fit.

Office Manager

Our client has an exciting opportunity for an experienced Office Manager to join their team! This family owned business specialises in commercial printing including digital, wide format and offset printing. Proven to be very successful, they are currently undergoing a major expansion and therefore are in need of an Office Manager who possess high standards of organisational skills.

The successful candidate will possess:

  • Experience within a professional service firm
  • Formal qualifications required
  • Strong work ethic and be highly organised and attention to detail with accountability
  • Excellent written and verbal communication skills
  • Ability to prioritise and balance several tasks and work with deadlines with a demonstrated ability to work on multiple projects at one time
  • Strong administrative skills including record keeping and note taking

Pastry Chef / Baker

With an established brand, our company requires individuals who has trade qualifications and experience as a Baker/Pastry Cook.

The position broadly entails:

  • Preparing and mixing ingredients according to formulas and methods
  • Operating manufacturing equipment
  • Maintaining a clean and tidy work area
  • Understanding and implementing different cooking processes.

The individual applying requires:

  • Trade qualifications in baking
  • Available for full time work
  • Ability to work in a team environment
  • Knowledge of baking industry
  • Good communication skills
  • A positive work attitude and professional manner
  • Demonstrate a high degree of attention to detail

If you believe you are an applicable candidate and have plenty of energy and enthusiasm, then please forward your resume and cover letter.

Medical Administrator

To be successful in this role, you will have:

  • At least a Bachelor degree or at least 5 years’ of relevant experience.
  • An understanding of medico-legal issues and the legislative framework for public health services
  • Ability to work collaboratively with members of an inter-disciplinary team and to communicate with clinical and non-clinical staff
  • Ability to analyse and critically evaluate relevant information and apply to medical management issues
  • Well-developed written and communication skills

Contact Job2Go on 1300 562246. If you are interested in any of these positions, please send your resume to jobs@job2go.org

Alternatively you can check our website for further details www.job2go.org

 
 

We hope that you have found the information in this issue of our newsletter to be enriching and useful. Stay tuned for our next publication and if you would like to talk to us directly, please do not hesitate to email service@noborders-group.com. In addition, if you would like your contact details updated or removed from this distribution list or you know someone who would like to be added, please email us on the same address.

"The only limits to being the person you truly want to be are your own self-limiting beliefs and thoughts. In every moment, you have the power to choose your life"

 
 

No Borders Group

Email: service@noborders-group.com
Phone: (+61) 07 3876 4000
Web: www.noborders-group.com

 
 

NO BORDERS Universal Migration
Level 4, 20 Park Road
Milton, Brisbane - 4064
Queensland
AUSTRALIA