Friday, 3rd of October 2014 Issue #1 October
No Borders Newsletter

TOP STORY

parent visas are reopened

Issues of this month

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Re-opening of the Non-Contributory Parent and Other Family visas

From 25 September 2014, the following visa subclasses in the Family Stream of the Migration Programme are open to new applications:

  • Parent visa (subclass 103)
  • Aged Parent visa (subclass 804)
  • Aged Dependent Relative visa (subclasses 114 and 838)
  • Remaining Relative visa (subclasses 115 and 835)
  • Carer visa (subclasses 116 and 836).

Only new applications will be accepted for these visa subclasses.

If you lodged an application for one of these visas after 2 June 2014 and before 25 September 2014 this application is still invalid and cannot be accepted by the department. You will need to re-lodge your application.

The current waiting times for these visas

Waiting times have increased for these visas based on the limited number of places available and the number of applications received.

The current waiting times for these visas are:

  • Non-Contributory Parent visa - approximately 30 years
  • Carer visa - approximately 4.5 years
  • Remaining Relative and Aged Dependent Relative –approximately 56 years.

If you applied for one of these visas before they closed on 2 June 2014

If you applied for a Non-Contributory Parent and Other Family visa before 2 June 2014 (date of the closure) your application will continue to be processed under existing regulations and policy.

Note that for the 2014-15 programme year, 1500 places have been allocated to Non-Contributory Parent and 500 places to Other Family. As a result, you can now expect to wait approximately 30 years for a Parent or Aged Parent visa, 4.5 years for a Carer visa and 56 years for an Aged Dependent Relative or Remaining Relative visa.

Certain eligible dependent family members, such as a partner or dependent children can be added to an existing undecided application. You will need to provide evidence of the relationship, including dependency.

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Portugal is latest country to join Australian work and holiday visa scheme

working holiday visa

The global footprint of Australia’'s working holiday programme has expanded again, with the signing of a reciprocal work and holiday visa arrangement between Australia and Portugal.

Assistant Minister for Immigration and Border Protection, Michaelia Cash, said it means that young people from Australia and Portugal will have the opportunity to experience short term work and study arrangements in each other’'s country.

She also said that the signing of the agreement was indicative of the strength of the relationship that Australia enjoys with Portugal, and would give 200 young people from each country a unique experience, which presents long term benefits for all.

'The working holiday programme allows young citizens of participating countries to share knowledge, culture and experiences, and as a result, strengthens ties between countries,' explained Cash.

'At the heart of the programme is the opportunity to acquire new skills and develop an appreciation of another culture, to the benefit of both the individual and their home country. I am excited that this signing will result in more opportunities for young people to experience a vibrant opportunity overseas,' she added.

The work and holiday visa differs from a working holiday visa, as it requires applicants to have the support of their government, hold or be studying towards tertiary qualifications, and to speak functional English.

'Over the coming months, Australia and Portugal will work closely together to implement the necessary legal and administrative processes to bring this visa into effect,' Cash concluded.

This visa is for young people who want to holiday and work in Australia for up to a year. Applicants must be at least 18 but not yet 31 years of age, must not have a dependent child at any time during their Australian stay and must have a passport from eligible countries.

The current list includes Argentina, Bangladesh, Chile, Indonesia, Malaysia, Poland, Thailand, Turkey, the United States, and Uruguay. Spain and Greece have also recently been added.

The visa allows people to stay in Australia for up to 12 months, to work in Australia for up to six months with each employer, to study for up to four months and to leave and re-enter Australia any number of times while the visa is valid.

There is an annual limit to the number of work and holiday visas issued to each country. No applications will be approved once this limit is reached.

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New temporary visas introduced in Oz to sort out refugee backlog

Australia is to reintroduce a controversial temporary visa system to deal with a huge backlog of asylum seekers, it has been announced.

Immigration Minister Scott Morrison said that the Temporary Protection Visas (TPV), which were introduced under former Prime Minister John Howard and abolished in 2008, would address the issue of asylum seekers without providing inducements to people smugglers.

Under new legislation, the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014, two new temporary visas will be established. These visas will not provide a pathway to a permanent protection visa in Australia.

Illegal maritime arrivals found to be owed protection will be offered a TPV for up to three years. TPVs do not include family reunion or a right to re-enter Australia. Holders will have access to targeted support arrangements including work rights, access to employment services and mutual obligation, access to Medicare and income support, torture and trauma counselling, translating and interpreting services, complex case support and access to education for school aged children,' said Morrison.

A further temporary visa, a Safe Haven Enterprise Visa (SHEV) where holders work in a designated self-nominated regional area to encourage filling of job vacancies will be introduced as an alternative to a TPV. It will be valid for five years and like TPVs will not include family reunion or a right to depart and re-enter Australia.

'SHEV holders who have worked in regional Australia without requiring income support for three and a half years of their visa period will then be eligible to apply for other onshore visas to be granted where they satisfy the relevant criteria. They will not be eligible for a permanent protection visa,' said Morrison.

'If a SHEV holder was to access government assistance to study for a degree, diploma or trade certificate in a designated regional area, this would not be classified as accessing social security benefits for the purposes of calculating the period required before the holder becomes eligible to apply for other onshore visas,' he continued.

new temporary visa for refugees
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The Hitchhiker's Guide to Buying a Company or a Business

Buying a business can be a harrowing ordeal. Before committing, it is important that as a buyer you obtain the necessary information so that you can make a well informed decision. Be prepared to assess several aspects of the business, which can help you form an accurate assessment of its 'corporate health'.

Throughout the process it is also important to consider your goals, objectives, and strategic plans for the business. In addition to obtaining information from the prospective company or business, you must also consider future plans under your ownership and how changes would influence operations and cash flow. The following represents due diligence essentials that need to be 'ticked off' when it comes to buying a company or a business.

Legal and Tax issues

When considering buying a business, you must pay regard to:

  • Leasing issues;
  • Health, water, sewerage and other government requirements with regards to carrying out the business;
  • Obligations of the business under the intended business legal structure;
  • Whether there are any legal proceedings pending against the company or business;
  • Capital gains tax issues since you are buying an asset;
  • GST or other tax implications for the purchase of the company or business;
  • Drafting and contractual issues with regard to the purchase.

Finances and Business Operations

As you will be taking over and resuming finances of the company, it is important that you determine and gain an idea of the corporate governance of the company or business as you will be taking over and assuming responsibility. Some factors which are relevant include:

  • Is the type and size of business compatible with your interests, experience, personality and capital?
  • Financial records for the past 3 years (balance sheets, profit and loss statements, tax returns, etc.);
  • Future cash-flow and profitability;
  • Reliability of sales records;
  • Is the business part of a group or franchise that may restrict how it operates?
  • Does the place of business have all the required permissions to perform the business functions it does? Town planning laws and workplace health and safety regulations are particularly important here.
  • The willingness of the seller to sign an agreement to refrain from competing against you (i.e. restrictive covenant)

Other Issues

It is also important that you also find out other pieces of information that could be useful in making up your decision. This includes asking employees about their state of work and morale, also finding out the reason why the seller is selling in the first place. This could be a critical clue as to the real state of the company's "corporate health".

Moving Forward

There are numerous details that you need to consider as a buyer before buying a company or a business. Further, as businesses usually have their own way of doing things, there are further particulars that you need to pay special attention to. If you are unsure about the issues you need to look out for when buying a company or a business, we would advise your business to contact Jonathan Mamaril, Special Counsel of NB Lawyers on (07) 3876 5111 for advice regarding the above issues.

www.lawyersforemployers.com.au

guide to buying a company
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New electronic immigration health processing in Australia hailed a success

australia's emedical

A new electronic processing system that speeds up Australian immigration health examination results for visa applicants has been hailed a success.

The eMedical system, introduced in late 2012 by the Department of Immigration and Border Protection (DIBP), has now processed its one millionth case file.

In conjunction with Citizenship and Immigration Canada (CIC), it is delivering both savings and time efficiencies for these agencies and their clients, according to Assistant Minister for Immigration and Border Protection, Michaelia Cash.

'The eMedical system is now used by almost 3,000 users a day in more than 130 countries globally. These new electronic health processing arrangements have produced improved client service, enhanced integrity and significant financial savings,' she said.

'Under these arrangements, partner countries' respective immigration health processes are more secure, errors are reduced, applicants' privacy is protected and processing times are reduced,' she added.

Cash explained that the DIBP was now working with Immigration New Zealand to expand eMedical to cover New Zealand immigration health examinations, as well as Australia and Canada.

'This will allow New Zealand visa applicants to get the same benefits, while also sharing support and development costs between the three countries,' she said.

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 Universal Migration

NO BORDERS Universal Migration
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Milton 4064
Queensland
AUSTRALIA