Category Archives: Canada

NOW OPEN – Community Proposal Pilot (CPP) – 2016

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Community Proposal Pilot - Refugee Visa - GMH Legal


APPLICANTS ONLY HAVE 30 DAYS TO APPLY FOR AN EXPRESSION OF INTEREST.


In breaking news, issued on 1 July 2016, it has been announced that there will be 500 individual visa places available in the Community Proposal Pilot (CPP) for the 2016 year.

APPLICANTS ONLY HAVE 30 DAYS TO APPLY FOR AN EXPRESSION OF INTEREST.

The Community Proposal Pilot (CPP) is a national trial by the Australian Government to enable communities to assist people to resettle in Australia under the Humanitarian Program. Under the Pilot, organisations such as the Illawarra Multicultural Services work with communities to identify people to propose, support their application for a Refugee and Humanitarian (Class XB) visa, and if the visa application is successful, ensure that settlement services are provided to them to help them settle well in Australia.

The CPP provides an additional settlement pathway for people in humanitarian situations overseas, who have strong community ties and capacity in Australia. The CPP harnesses the goodwill that exists within the Australian community to assist people to settle successfully, by providing a substantial financial contribution toward the cost of settlement and the provision of practical support.

Successful visa applicants proposed under the Community Proposal Pilot will be granted permanent humanitarian visas, and provided settlement services for a period up to 12 months. Entrants under the Pilot will be able to access services such as Medicare and social security payments, subject to normal eligibility requirements.

HOW THE PILOT PROGRAM WILL WORK


The Department of Immigration and Border Protection (DIBP) has signed a legally binding Deed of Agreement with the Illawarra Multicultural Services and other well-established community organisations to become an Approved Proposing Organisation (APO).

The Illawarra Multicultural Services is a not-for-profit community-based agency located in Wollongong, New South Wales. They have been providing a range of support services to refugee and humanitarian entrants under the Settlements Grants Program since we began operations as the Illawarra Migrant Resource Centre in 1981.

They have been committed to ensuring high quality support to proposed clients and families under the Community Proposal Pilot, working in partnership with the Department of Immigration and Border Protection (DIBP) and Supporting Community Organisations (SCOs).

This Department of Immigration Pilot will not be the right option for all communities, and is not intended for the most vulnerable of applicants who require intensive case management and government-funded services on arrival. However, it is a Pilot of a new and exciting pathway that will meet the needs of some people in overseas humanitarian situations, and those communities wishing to settle and support them here in Australia.

The Illawarra Multicultural Services acts as the Proposer on the humanitarian visa application, and develop formal arrangements with Supporting Community Organisations (SCOs) to ensure the successful delivery of the Pilot. SCOs are community groups or organisations who will identify people to apply for a refugee and humanitarian visa, assist in completing the application process, and if the visa is granted, help them to settle in Australia.

WHO IS ELIGIBLE?


The Pilot is intended for individuals and families in humanitarian situations overseas. Applicants must have established family or community connections in Australia, who will provide support for the applicant to settle successfully in Australia.

People being considered under the Pilot must:

  • be proposed by an APO
  • be outside Australia when the visa application is lodged
  • meet the eligibility criteria for a refugee and humanitarian visa
  • meet Australia’s health and character requirements.


WHAT ARE THE COSTS?


A two-stage Visa Application Charge (VAC), payable to DIBP, comprising:

  • a 1st stage VAC of $2,680 for the primary visa applicant, to be paid at the time the application is lodged
  • a 2nd stage VAC of $16,444 for the primary visa applicant, to be paid just prior to a decision on the application
  • a 2nd stage VAC of $2,680 for each secondary applicant, to be paid just prior to a decision on the application.
  • Medical checks for people being proposed, when requested by DIBP
  • The cost of airfares to Australia
  • Accommodation
  • Household costs such as goods, food and utilities connection


CONTACT GMH LEGAL TODAY


At GMH LEGAL, we have the skills and the ability to ensure that we maximise the prospects of success for your Refugee Visa application. Please contact our offices for some advice over the phone.

Email: ghanna@gmhlegal.com
Tel: (02) 9587 0458.


BREAKING NEWS: COMMUNITY PROPOSAL PILOT IS NOW OPEN!

The hugely successful Offshore Refugee and Humanitarian (Class XB)…

Posted by GMH LEGAL – Solicitors & Barristers on Thursday, June 30, 2016

Major changes to the way in which a de-facto relationship is defined

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The Full Federal Court has now held that living together is now not a requirement needed to satisfy the definition of a “de facto partner” in Section 5CB of the Migration Act.

In the case of SZOXP v Minister for Immigration and Border Protection [2015] FCAFC 69 (11 June 2015), the appellant is a citizen of China who on 24 October 2012, applied for a Partner (Temporary) (Class UK) visa under the Migration Act. The Migration Regulations 1994 (Cth) Sch 2, cl 820.211 and cl 820.221(1) imposed various requirements including that at the time of application, and at the time of decision, the applicant is the spouse or de facto partner of a person who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

The appellant said that he was in a de facto relationship with Ms Yang, an Australian citizen. A delegate of the Minister refused the appellant’s application for a visa for reasons including that he was not in a de facto relationship with Ms Yang.

The appellant applied to the Tribunal for a review of the decision of the Minister. The Tribunal found that the appellant was in a de facto relationship with Ms Yang and that cl 820.211 and cl 820.221(1) were satisfied. The application was remitted with directions (set out in the conclusion to these reasons).

The Tribunal found that:

  • Ms Yang was an Australian citizen;
  • the appellant and Ms Yang were in a committed relationship from December 2011, and that their relationship was exclusive;
  • the appellant and Ms Yang had, as required at the time of the visa application, a mutual commitment to a shared life to the exclusion of all others, and the relationship was genuine and continuing;
  • the appellant and Ms Yang are devout Buddhists and share the same outlook on life;
  • the appellant and Ms Yang had chosen to follow specific teachings and interpreted the Third Precept of Buddhism to mean that they should not cohabit or have sexual relations before marriage;
  • the appellant and Ms Yang had not had a sexual relationship or cohabited before their marriage on 26 November 2012; and
  • the appellant and Ms Yang did not live together because they wanted to marry first, but they had not lived together after their marriage because the appellant had been in immigration detention.

The Tribunal held that there was no requirement in the Migration Act that the parties live together before a de facto relationship can be found to exist. The Tribunal concluded that the requirements for a “de facto” relationship had been met.

The Minister sought judicial review in the Federal Circuit Court. The Federal Circuit Court held that the Tribunal had made a jurisdictional error in finding that there is no requirement in the Migration Act that the appellant and Ms Yang live together before a de facto relationship is found to exist. The primary judge considered that the requirement that a de facto couple live together arose because s 5CB(2)(c) contemplated a “resumption of cohabitation”. Her Honour relied upon the decision of Hill J in Li v Minister for Immigration, Local Government and Ethnic Affairs [1992] FCA 14; (1992) 33 FCR 568.

The Migration Review Tribunal set the decision aside but the Minister appealed to the Federal Circuit Court which found in favour of the Minister.

The applicant then appealed to the Full Federal Court which found in his favour. Below is an extract from this important decision:

  • 65. The appellant’s construction of s 5CB of the Migration Act, which does not require that the parties physically reside in the same premises prior to the application, is supported by the plain meaning of the section. It is consistent with other provisions of the Migration Act, notably the definition of spouse in s5F.
  • It avoids the ambiguities and the difficulties associated with an implication of the additional words into s 5CB(2)(c)(ii) sought by the Minister. It is supported by the section’s legislative history. And it is supported by the well hallowed meaning of the phrase “living separately and apart” as that phrase had been established at the time the section and its predecessors were enacted.

If you need advice on immigration matters, please contact our offices for some advice over the phone or in conference.
Email: admin@gmhlegal.com
Tel: (02) 9587 0458.


The Community Proposal Pilot – Offshore Refugee and Humanitarian Visa

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Community Proposal Pilot - Refugee Visa - GMH Legal


In breaking news, issued on 5 June 2015, it has been announced that there will be 500 individual visa places available in the Community Proposal Pilot (CPP) for the 2015-2016 financial year.

The Community Proposal Pilot (CPP) is a national trial by the Australian Government to enable communities to assist people to resettle in Australia under the Humanitarian Program. Under the Pilot, organisations such as the Illawarra Multicultural Services work with communities to identify people to propose, support their application for a Refugee and Humanitarian (Class XB) visa, and if the visa application is successful, ensure that settlement services are provided to them to help them settle well in Australia.

The CPP provides an additional settlement pathway for people in humanitarian situations overseas, who have strong community ties and capacity in Australia. The CPP harnesses the goodwill that exists within the Australian community to assist people to settle successfully, by providing a substantial financial contribution toward the cost of settlement and the provision of practical support.

Successful visa applicants proposed under the Community Proposal Pilot will be granted permanent humanitarian visas, and provided settlement services for a period up to 12 months. Entrants under the Pilot will be able to access services such as Medicare and social security payments, subject to normal eligibility requirements.

HOW THE PILOT PROGRAM WILL WORK


The Department of Immigration and Border Protection (DIBP) has signed a legally binding Deed of Agreement with the Illawarra Multicultural Services and other well-established community organisations to become an Approved Proposing Organisation (APO).

The Illawarra Multicultural Services is a not-for-profit community-based agency located in Wollongong, New South Wales. They have been providing a range of support services to refugee and humanitarian entrants under the Settlements Grants Program since we began operations as the Illawarra Migrant Resource Centre in 1981.

They have been committed to ensuring high quality support to proposed clients and families under the Community Proposal Pilot, working in partnership with the Department of Immigration and Border Protection (DIBP) and Supporting Community Organisations (SCOs).

This Department of Immigration Pilot will not be the right option for all communities, and is not intended for the most vulnerable of applicants who require intensive case management and government-funded services on arrival. However, it is a Pilot of a new and exciting pathway that will meet the needs of some people in overseas humanitarian situations, and those communities wishing to settle and support them here in Australia.

The Illawarra Multicultural Services acts as the Proposer on the humanitarian visa application, and develop formal arrangements with Supporting Community Organisations (SCOs) to ensure the successful delivery of the Pilot. SCOs are community groups or organisations who will identify people to apply for a refugee and humanitarian visa, assist in completing the application process, and if the visa is granted, help them to settle in Australia.

WHO IS ELIGIBLE?


The Pilot is intended for individuals and families in humanitarian situations overseas. Applicants must have established family or community connections in Australia, who will provide support for the applicant to settle successfully in Australia.

People being considered under the Pilot must:

  • be proposed by an APO
  • be outside Australia when the visa application is lodged
  • meet the eligibility criteria for a refugee and humanitarian visa
  • meet Australia’s health and character requirements.


WHAT ARE THE COSTS?


A two-stage Visa Application Charge (VAC), payable to DIBP, comprising:

  • a 1st stage VAC of $2,680 for the primary visa applicant, to be paid at the time the application is lodged
  • a 2nd stage VAC of $16,444 for the primary visa applicant, to be paid just prior to a decision on the application
  • a 2nd stage VAC of $2,680 for each secondary applicant, to be paid just prior to a decision on the application.
  • Medical checks for people being proposed, when requested by DIBP
  • The cost of airfares to Australia
  • Accommodation
  • Household costs such as goods, food and utilities connection


CONTACT GMH LEGAL TODAY


At GMH LEGAL, we have the skills and the ability to ensure that we maximise the prospects of success for your your Refugee Visa application. Please contact our offices for some advice over the phone.

Email: ghanna@gmhlegal.com
Tel: (02) 9587 0458.


BREAKING NEWS: COMMUNITY PROPOSAL PILOT IS NOW OPEN!The hugely successful Offshore Refugee and Humanitarian (Class XB)…

Posted by GMH LEGAL – Solicitors & Barristers on Thursday, June 4, 2015

Nepalese Earthquakes – Immigration Considerations

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The recent earthquakes in Nepal will have repercussions here as Australia is the home to large numbers of Nepalese temporary visa holders –many of them students.

The first likely effect is that it will make it much harder for new applicants from Nepal to obtain student visas.

The Department is likely to refuse many applications on genuiness grounds-the situation in a person’s home country is an important factor in assessing whether an applicant is a genuine temporary entrant.

A second repercussion will be on existing students in Australia-some applying for further student visas may find it difficult to satisfy the financial and genuiness requirements.

Nepalese students who have visas cancelled are also likely to rely on the earthquakes to explain poor attendance or study records.

It has been suggested that some students from Nepal will make protection visa applications.

If they do the applications are likely to be refused as a natural disaster in someone’s home country cannot, by itself, provide the basis for being granted a protection visa.

Some students may be hoping for Ministerial intervention or some special arrangement that will give them permanent residence.

This is unlikely –it did not happen when natural disasters devastated other countries in the region in recent times.

The Procedures Advice Manual includes the following section on situations where the Minister may use his powers under the Migration Act to intervene and grant a visa.

  • compassionate circumstances regarding the age and/or health and/or psychological state of the person such that a failure to recognise them would result in irreparable harm and continuing hardship to the person; or
  • where the department has determined that the person, through circumstances outside their control, is unable to be returned to their country/countries of citizenship or usual residence; or

Despite the widespread destruction in Nepal it is unlikely that a person simply claiming they do not want to go back to Nepal because of the damage caused by earthquakes would satisfy these criteria.

If you need advice on immigration matters, please contact our offices for some advice over the phone or in conference.
Email: ghanna@gmhlegal.com
Tel: (02) 9587 0458.


Immigration Update – Legislative Instrument Amendments

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Immigration News

On 18 April 2015 a large number of new legislative instruments came into effect.

New English requirements for Subclass 457 visas and other matters


Migration Regulations 1994 – Specification of Tests, Scores, Period, Level of Salary and Exemptions to the English Language Requirement for Subclass 457 (Temporary
Work (Skilled)) Visas 2015 – IMMI 15/028

This instrument operates by specifying the test, scores, period, level of salary and other exemptions to the English language requirement for Subclass 457 (Temporary
Work (Skilled)) (Subclass 457) visa applicants.

You can read the regulation here:
http://www.comlaw.gov.au/Details/F2015L00563

Migration Regulations 1994 – Specification of Income Threshold and Annual


Earnings 2015 – IMMI 15/050 his instrument operates to specify the temporary skilled migration income threshold and annual earnings in relation to the Subclass 457 (Temporary Work (Skilled)) Visa programme.

You can read the regulation here:
http://www.comlaw.gov.au/Details/F2015L00569

Migration Act 1958 – Determination of International Trade Obligations Relating to Labour Market Testing – IMMI 13/138


This instrument determines the obligations of Australia, under international law that relate to international trade, as international trade obligations of Australia where labour market testing would be inconsistent with that obligation.

You can read the regulation here:
http://www.comlaw.gov.au/Details/F2013L01954

New English requirements for Subclass 485 and 476 visas


Migration Regulations 1994 – Specification of English Language Tests, Scores and Passports 2015 – IMMI 15/062 This instrument operates to specify the English language requirements and the tests and the minimum scores required to achieve English language proficiency.

You can read the regulation here:
http://www.comlaw.gov.au/Details/F2015L00564

Migration Regulations 1994 – Specification of Disclosure of Information to Prescribed Bodies 2015 – IMMI 15/066


This instrument operates to specify certain Commonwealth, State, Territory and foreign bodies that are authorised to receive identifying information as prescribed bodies for the purposes of paragraph 336F (1) (d) of the Migration Act 1958.

Some or all of this item commenced
http://www.comlaw.gov.au/Details/F2015L00567

Migration Regulations 1994 – Specification of Access to Movement Records 2015 – IMMI 15/068


This specification operates to allow the use of information relating to movement records by external agencies in order to administer a variety of legislation.

Some or all of this item commenced:
http://www.comlaw.gov.au/Details/F2015L00512

Migration Regulations 1994 – Specification of Arrangements for Applications for Bridging Visas 2015 – IMMI 15/044


This instrument specifies the form numbers of the approved forms on which an application must be made for applications for Bridging A (Class WA) subclass 010, Bridging B (Class WB) subclass 020, Bridging C (Class WC) subclass 030, Bridging D (Class WD) subclasses 040 and 041, Bridging E (Class WE) subclasses 050 and 051, and Bridging F (Class WF) subclass 060 visas.

Some or all of this item commenced
http://www.comlaw.gov.au/Details/F2015L00561

Migration Regulations 1994 – Specification of Arrangements for Business Skills Visas


Applications 2015 – IMMI 15/029 This instrument operates to specify approved forms for making valid applications and addresses for lodgement and the manner in which applications must be made for making valid applications for the relevant visa classes.

Some or all of this item commenced:
http://www.comlaw.gov.au/Details/F2015L00546

Migration Regulations 1994 – Specification of Arrangements for Child Visa Applications 2015 – IMMI 15/030


This instrument operates to specify approved forms for making valid applications and addresses for lodgement and the manner in which applications must be made for making valid applications for the relevant visa classes.

Some or all of this item commenced
http://www.comlaw.gov.au/Details/F2015L00547

Migration Regulations 1994 – Specification of Arrangements for Employer Nomination and Regional Employer Nomination Skilled Visas 2015 – IMMI 15/032


This instrument operates to specify approved forms for making valid applications and the manner in which applications must be made for making valid applications for the
relevant visa classes.

Some or all of this item commenced
http://www.comlaw.gov.au/Details/F2015L00549

Migration Regulations 1994 – Specification of Arrangements for E-Visitor and Subclass 676 Applications – IMMI 15/038


This instrument specifies the form numbers of the approved form or forms, the manner of lodgment and the addresses to which an application must be made for applications for subclass 676 (Tourist) and 651(eVisitor) visas.

Some or all of this item commenced
http://www.comlaw.gov.au/Details/F2015L00559

Migration Regulations 1994 – Specification of Arrangements For Maritime Crew And Superyacht Visa Applications 2015 – IMMI 15/041


This instrument specifies the form numbers of the approved form or forms, the manner of lodgement and the addresses to which an application must be made for applications for Maritime Crew
(Temporary) (Class ZM) Subclass 988 and Superyacht Crew (Temporary) (Class UW) Subclass 488 visas.

Some or all of this item commenced
http://www.comlaw.gov.au/Details/F2015L00554

Migration Regulations 1994 – Specification of Arrangements for Medical Treatment Visa Applications 2015 – IMMI 15/037


This instrument operates to specify the approved form for making valid applications and addresses for lodgment and the manner in which applications must be made for making valid applications for a Subclass 602 (Medical Treatment) visas.

Some or all of this item commenced
http://www.comlaw.gov.au/Details/F2015L00558

Migration Regulations 1994 – Specification of Arrangements for New Zealand (Family Relationship) Visa Applications 2015 – IMMI 15/046


This instrument operates to specify approved forms for making valid applications and addresses for lodgement and the manner in which applications must be made for making valid applications.

Some or all of this item commenced
http://www.comlaw.gov.au/Details/F2015L00568

Migration Regulations 1994 – Specification of Arrangements for Other Family Visa Applications 2015 – IMMI 15/034


This instrument operates to specify approved forms for making valid applications and location for making valid applications for the relevant visa classes.

Some or all of this item commenced
http://www.comlaw.gov.au/Details/F2015L00553

Migration Regulations 1994 – Specification of Arrangements for Other Visas 2015 – IMMI 15/031


This instrument operates to specify approved forms for making valid applications and addresses for lodgement and the manner in which applications must be made for making valid applications for the relevant visa classes.

Some or all of this item commenced
http://www.comlaw.gov.au/Details/F2015L00548

Migration Regulations 1994 – Specification of Arrangements for Protection, Humanitarian and Refugee Visas 2015 – IMMI 15/045


This instrument specifies the form numbers of the approved form or forms, the manner of lodgment and the addresses to which an application must be made for applications for Protection (Class XA) Subclass 866 (Protection) visa, Refugee and Humanitarian (Class XB) Subclasses 200 (Refugee), 201 (In-country Special Humanitarian), 202 (Global Special Humanitarian), 203 (Emergency Rescue) and 204 (Woman at Risk), Temporary Protection (Class XD) Subclass 785 (Temporary Protection) visas, and Safe Haven Enterprise (Class XE) Subclass 790 visas.

Some or all of this item commenced
http://www.comlaw.gov.au/Details/F2015L00562

Migration Regulations 1994 – Specification of Arrangements for Resident Return Visas 2015 – IMMI 15/033


This instrument operates to specify approved forms for making valid applications and addresses for lodgement and the manner in which applications must be made for making valid applications for the relevant visa classes.

Some or all of this item commenced
http://www.comlaw.gov.au/Details/F2015L00550

Migration Regulations 1994 – Specification of Arrangements for Skilled and Temporary Graduate Visa Applications 2015 – IMMI 15/035


This instrument operates to specify approved forms for making valid applications and addresses for lodgment and the manner in which applications must be made for making valid applications for the relevant visa classes.

Some or all of this item commenced
http://www.comlaw.gov.au/Details/F2015L00556

Migration Regulations 1994 – Specification of Arrangements for Special Category Visa Applications 2015 – IMMI 15/039


This instrument specifies the form numbers of the approved form unless the application is made using an authorised system, in which case no form is required, and the manner of lodgment by which an application must be made for applications for Special Category visas.

Some or all of this item commenced
http://www.comlaw.gov.au/Details/F2015L00560

Migration Regulations 1994 – Specification of Arrangements for Temporary Work (Short Stay Activity) (Subclass 400) Visa Applications 2015 – IMMI 15/036


This instrument operates to specify approved forms for making valid applications and addresses for lodgment and the manner in which applications must be made for making valid applications for Special Program (Temporary)(Class TE) and Training and Research (Class GC) visas in the Research, Professional Development or the Occupational Trainee streams.

Some or all of this item commenced
http://www.comlaw.gov.au/Details/F2015L00565

If you need advice on immigration matters, please contact our offices for some advice over the phone.
Email: ghanna@gmhlegal.com
Tel: (02) 9587 0458.


Business Visas For Gulf Nationals

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Business Visa, immigration lawyer

The Australian Government has announced new business visa options for business people and investors from the gulf region.

The Business (Innovation and Investment) Visa is a pathway to permanent residence for families from the Gulf region who have a successful business or investment career and have a genuine and realistic commitment to invest in Australia.

You must be less than 55 years of age, although a state or territory can waive this requirement if your proposed business will be of exceptional economic benefit to the relevant region. There are two pathways:

1. Business Innovation pathway; and
2. Investor Pathway.


BUSINESS INNOVATION PATHWAY



If you apply under the Business Investor pathway, you and your partner combined must have:

  • total assets of at least AUD$800 000;
  • total annual business turnover of at least AUD$500 000 in at least two of the four fiscal years immediately before you are invited to apply;
  • owned at least:
    • 51 % of a business with a turnover of less than AUD$400 000 per annum;
    • 30 % of a business with a turnover of more than AUD400 000 per annum; or
    • 10 % of a publicly-listed company


INVESTOR PATHWAY



If you apply for the Investor Pathway, you and your partner combined must:

  • have a net value of at least AUD$2.25 million;
  • make your government-approved designated investment before a visa can be granted;
  • have a genuine and realistic commitment to continuing your business and investment activity in Australia after the original investment has matured;


Download the free eew emigrants guide for more information about Australia. TellMeAboutAustralia

If you are interested in applying for the Business (Innovation and Investment) Visa, please contact our offices for some advice over the phone.
Email: ghanna@gmhlegal.com
Tel: (02) 9587 0458.



Our firms representatives visit the Gulf Region on a regular basis, and will be able to arrange a consultation to discuss your Australian Visa options.



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Post by GMH LEGAL – Solicitors & Barristers.

Chinese regulators may turn off the money flow that is funding the Australian real estate bubble

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A Chinese Government crackdown on the recently exposed activities of the Bank of China’s money laundering efforts in Australia will have repercussions on the sustainability of high property values in Sydney and Melbourne.

China’s state broadcaster CCTV has launched an attack on one of the country’s most powerful government controlled financial institutions – the Bank of China, accusing it of money laundering in Australia, via the Australian Significant Investor Visa Program.

Australia’s Significant Investor Visa program offers an accelerated pathway for wealthy investors to gain permanent residency by investing $5 million in the Australian economy.

There are over 1,200 applicants either approved, or in the pipeline for approval for the Significant Investor Visa, with an estimated $6 billion of proposed investments in Australia. A significant amount of the funds being invested in Australia through the program have been used to fund new residential housing developments in major Australian cities, particularly Sydney and Melbourne.

Chinese and other Asian investors have been a major force in driving the price of dwellings in Sydney and Melbourne to high levels. If the Chinese were to suddenly curtail their buying, then the Australian dwelling market would almost certainly suffer a considerable setback.

Under the Labor government, only a small number of Significant Investor Visas’ were granted, whereas the Liberal government is ramping up its approved of the Visa’s.

Under China’s stringent foreign exchange law, citizens are only allowed to send $US50,000 or $A53,000 abroad per year. Australia has been repeatedly been mentioned as the destination of “grey money” coming out of China in relation to Australia’s significant investor visa program.

“We don’t care where your money is from or how you earn it, we can help you get it out of the country”, a Bank of China employee told CCTV. “We don’t care how black your money is or how dirty it is, we will find ways to launder it and shift it overseas for you,” according to a detailed CCTV investigative report.

CCTV undercover footage clearly shows the Australian national flag on a Bank of China stand at a busy immigration show, advertising Australia as an important destination for investors. Social media posts from major media outlets about the story prominently feature a picture of a map of Australia

A senior manager with one of the big four Australian banks told the CCTV reporters that the Bank of China was crucial to the bank’s migration business. “The money is very safe and will leave the country in a very grey channel. The Bank of China is the same as an underground bank [a Chinese term for black market operators that launder money],” he told CCTV.

We have just seen development land in Melbourne and Sydney with building permits double in price on the back of frantic Asian buying, funded by Chinese banks.
The risk of the curtailing of the Significant Investor Visa program leading to a significant downfall in the residential property market cannot be discounted, and even the possibility of the end of the program leading to a technical recession must be acknowledged.

We will be watching to see whether Chinese regulators turn off the money flow that is funding the Australian real estate market.

Contact us for a Free Consultation


Our lawyers always go over and above to give you the best advice as quickly as possible.

Whether its quick information over the phone for a question that’s been on your mind for while, or general information about an area of law, we’re happy to help. Call us today and experience the difference:

Tel: (02) 9587 0458
Email: solicitors@gmhlegal.com

Start of Financial Year Tips For Subclass 457 Sponsors

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457 visa update


Well, its this time of year again, and there’s just two ways you can view it… You’re either suffering from the dreary drudgery of the mid year blues slump, or it’s the start of the brand new financial year, with fresh opportunities and new business resolutions.

Lets take the latter approach and start with a fresh view of approved Business Sponsors for 457 visas.

Business Sponsors need to tidy up shop in relation to several of their sponsorship obligations because failure to do so may result in fines or loss of sponsorship status and may also prevent future approvals of 457 and Employer Nomination applications.

Here are 4 action steps employers can take now to help meet your obligations:

1. Training Expenses


Sponsors approved prior to 1 July 2013 must ensure annual training expenditure is made prior to the end of the financial year. You must pay 1% of gross payroll to train your Australian employees or deposit 2% into an industry training fund.

For employers approved from 1 July 2013 onwards, the training expenditure must be made within the 12 month anniversary of sponsorship approval. The EOFY is a good time to nevertheless track YTD expenditure on training and budget for the balance to be spent in the coming financial year.

2. Temporary Skilled Migration Income Threshold (TSMIT)


The base salary threshold set on 1 July 2013 for the current financial year is $53 900. All 457 nominees must be paid at least that amount for a 38 hour week. If the salary has not been reviewed since 1 July, check the payroll figure now and top up as required.

Whether you have nominated applications to be lodged before 1 July 2014 (which are unlikely to be approved before 1 July 2014) where the market salary and annual earnings are under the likely new TSMIT of approximately $55,500 – employment offers will need to be reviewed and amended in line with the new TSMIT, as the new TSMIT will apply.

The TSMIT will rise from 1 July and 457 visa holders’ base salaries must continue to meet the new TSMIT.

3. Terms And Conditions


Apart from meeting the TSMIT criterion, employers must ensure that 457 visa holders are employed on equivalent terms and conditions – including salary – to Australian staff in the same position in the business or else at market rates. Check payroll YTD and adjust pay as necessary.

And, with the rise in the TSMIT on 1 July, it may also be necessary to adjust the salaries of any Australian employees against whom the 457 nominee’s salary is being equated.

A 457 sponsor’s obligations are not necessarily difficult to maintain but employers must be on top of those obligations and should schedule regular actions to ensure that their records reflect the keeping of those obligations.

4. Superannuation Increases


There is an increase in the Superannuation contribution from 9.25% to 9.5% effective 1 July 2014.

Transitioning to Permanent Residency


If you are in Australia on a subclass 457 visa, the two most commonly used method of obtaining permanent residency is to apply for a Employer Nomination Visa (Subclass 186) Visa under the Temporary Resident Transition Stream.

The Temporary Residence Transition Stream is right for you if you are a subclass 457 visa holder who has worked for two years in the same occupation with your nominating employer under the subclass 457 program, and your employer now wants to offer you a permanent position in that same occupation.

The eligibility criteria are that you must:

  • hold a Subclass 457 Visa;
  • have worked for at least 2 of the last 3 years in the same position your employer nominated you for while you held your subclass 457 visa;
  • have been nominated by your employer for a permanent position and the nomination must have been approved within the last 6 months;
  • be under 50 at the time of application (unless you are exempt);
  • have the required skills and qualifications for the position (you must hold any mandatory registration, license or professional membership, or you must already be fully assessed as suitable by the relevant body);
  • have at least vocational English (score of at least 5 on all four components of IELTS or a score of B on all four components of the OET test) – there is an exemption to the English language requirement for passport holders from the UK, US, Canada, New Zealand and Ireland); and
  • meet health and character requirements.


Contact us for a Free Consultation


At GMH Legal, our lawyers go over and above to give you the best advice as quickly as possible. Whether its quick information over the phone for a question that’s been on your mind for while, or general information about visa’s in general, we’re happy to help. Our contact details are:

Tel: (02) 9587 0458
Email: solicitors@gmhlegal.com



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Australia To Allow More Language Test Options For Visas

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english language test


Australia’s Department of Immigration has said that it will accept English-language test scores issued by a larger number of exam boards across its visa programs from November 2014.

Currently, applicants for most visa subclasses that require language proficiency must provide scores from the International English Language Testing System (IELTS) or the Occupational English Test (OET). The new alternatives will be the Test of English as a Foreign Language internet-based test (TOEFL iBT) and the Pearson Test of English Academic (PTE Academic), both from November 2014, and the Cambridge English: Advanced (CAE) test, from early 2015.

However, in the case of the CAE, scores from tests taken before the implementation date will not be eligible. All these tests are already accepted under the Student Visa Program.

The change will affect various visa subclasses from the Temporary Graduate, Skilled and Work and Holiday visa program, and will also apply to intending migrants submitting an Expression of Interest through SkillSelect. However, the Temporary Work (Skilled) Visa (subclass 457) visa is not included, as the 457 Program is currently undergoing an independent review.

The following visa subclasses from the Temporary Graduate, Skilled, Former Resident and Work and Holiday visa programmes will accept a TOEFL iBT or PTE Academic test score as evidence of English ability from November 2014:

  • Distinguished Talent (Australian support) (subclass 124)
  • Business Talent (subclass 132)
  • Former Resident (subclass 151)
  • Business Owner (provisional) (subclass 160)*
  • Senior Executive (provisional) (subclass 161)*
  • Investor (provisional) (subclass 162)*
  • State/Territory Sponsored Business Owner (provisional) (subclass 163)*
  • State/Territory Sponsored Senior Executive (provisional) (subclass 164)*
  • State/Territory Sponsored Investor (provisional) (subclass 165)*
  • Employer Nomination Scheme (subclass 186)
  • Regional Sponsored Migration Scheme (subclass 187)
  • Business Innovation & Investment (provisional) (subclass 188)
  • Skilled – Independent (subclass 189)
  • Skilled – Nominated (subclass 190)
  • Work and Holiday (temporary) (subclass 462)
  • Skilled – Recognised Graduate (subclass 476)
  • Temporary Graduate (subclass 485)
  • Skilled – Regional (provisional) (subclass 489)
  • Distinguished Talent (subclass 858)
  • Skilled – Regional (subclass 887)
  • Business Innovation and Investment (permanent) (subclass 888)
  • Business Owner (Residence) (subclass 890)
  • Investor (Residence) (subclass 891)
  • State/Territory Sponsored Business owner (Residence) (subclass 892)
  • State/Territory Sponsored Investor (Residence) (subclass 893)

The department will continue to accept scores from TOEFL iBT, PTE Academic and Cambridge English: Advanced (CAE) for the Student visa programme. Student visa applicants can also continue to provide test scores from IELTS and OET tests.

The Temporary Work (Skilled) visa (subclass 457) visa is not included in this list at this time because the subclass 457 visa programme is currently undergoing an independent review. Any updates about English language testing for the subclass 457 visa will be published on the department’s website later this year.

The department will accept test scores from the Cambridge English: Advanced (CAE) test for all visa programmes from early 2015 (final implementation date to be confirmed). Scores from a Cambridge English: Advanced (CAE) test taken before the 2015 implementation date will not be accepted by the department.

Minimum required test scores for the Cambridge English: Advanced (CAE) test will be published on the department’s website later this year.

From November 2014, intending migrants submitting an EOI through SkillSelect will be able to provide test scores from the TOEFL iBT or PTE Academic tests.

From November 2014, TOEFL iBT and PTE Academic test scores will be benchmarked against the IELTS equivalent score for each English language proficiency level (Functional, Vocational, Competent, Proficient or Superior). A summary of test score equivalencies for all English language tests accepted by the department from November 2014 is provided below.

For information about:

If you have any questions regarding an Immigration Visa matter, call the experienced lawyers at GMH Legal for a FREE consultation:

Tel: (02) 9587 0458
Email: solicitors@gmhlegal.com

Case Study: Global Special Humanitarian Visa (Subclass 202) For Syrian National Under The Community Proposal Pilot

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Refugee Visa immigration lawyer

GMH Legal recently acted for a Syrian National in an application for a Global Special Humanitarian Visa (Subclass 201) lodged through the Community Proposal Pilot and had the matter approved in principle in a record of time of only one month, with a further 3 months being taken for health and character checks before the matter was approved in full.

Community Proposal Pilot


The Community Proposal Pilot is a program of up to 500 visa places under Australia’s Humanitarian Program. It allows approved ‘proposing organisations’ to propose someone in a humanitarian situation outside of Australia for a Refugee and Humanitarian visa.

GMH Legal has an ongoing working relationship with several these organisations who have provided us with placements to use to nominate people for offshore humanitarian visas

Global Special Humanitarian Visa


The Global Special Humanitarian Visa is for people living outside of their home country, who are subject to substantial discrimination amounting to a gross violation of their human rights in their home country, and are proposed by a person or organisation in Australia. This is a permanent residence visa that allows the visa holder to live and work in Australia indefinitely, with all the benefits, such as Medicare and Social Security.

Case Study


Our client, who is now happily residing in Australia, was from Rabah in the Homs Governorate of Syria.

He was driving his truck carrying fruit and vegetables to a market when he was stopped at a checkpoint by government officials. The government officials demanded that our client hand over the keys to his truck so they could use it for government business, as well as demanding that he hand over his identification documents.

After much protesting, our client handed over the keys and his identification documents. The government officials then draped each side of his truck with Syrian Army flags and left, telling our client to remain at the checkpoint and wait for their return.

When the army officials arrived back at the checkpoint some 6 hours later, our client was shocked to see that his truck had been collided into on its right hand side and was covered in dirt and scratches. After a heated exchange with the army officials, our client was informed that the government officials had been in an altercation with members of the Free Syria Army Rebels, and furthermore, they had lost his identification documents during the altercation.

A few days later, when our client was driving his truck to the markets, a car came from behind him driven by members of the Free Syria Army. The Rebels drove right up next to him and yelled at him to stop his truck, and yelled out that they knew where he lived. Our client eventually managed to escape the Rebels, though this would not be the last time they would try to attack him.

A few days later, the Rebels came to our clients home, smashed through his front door and confronted him, insisting that he had been helping the government in their fight against them and that he give them 3 million pounds or they would kill him. Later, our client found a message spray painted on his truck saying “your money or your life”.

The same men came back to his house the next day and threatened him again, shooting bullets into the air and telling our client they would kill him if he did not produce the money they demanded. The same night our client persecutors came back to his home and set his shed alight, which contained all his work materials.

The next day, the assailants came to our client’s house again and beat him, threatening him again that if he did not hand over the money they had demanded they would kill him.

After his persecutors had left, our client organized for his friend to pick him up and urgently take him to the Lebanese border as he was fearful that he would be killed if he remained in Syria.

After he had reached Lebanon, our clients cousin in Australia contacted us for help. We advised our client to immediately register with the UNHCR while we started putting together his application for a Global Special Humanitarian (Subclass 201) Visa.

Following extensive meetings with our client via phone and Skype, we had his application ready to submit within one week. We handled his case in a way that ensured that he had to spend the least amount of time possible in Lebanon and was granted a visa to come to Australia permanently as soon as possible.

Contact us for a Free Assessment


If you know of a relative or friend who had been displaced from their home county due to persecution they have suffered, call one of our experienced Immigration lawyers during business hours to organise a free consultation for a Global Special Humanitarian Visa.

Tel: (02) 9587 0458
Email: solicitors@gmhlegal.com

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Post by GMH LEGAL – Solicitors & Barristers.

Our Legal Fees & Services

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Family Law, Criminal Law, Immigration, Traffic Law

At GMH Legal we believe that client relationships matter more than time sheets which is why we offer a range of alternative fee arrangements to best suit your needs.

Our focus is on client service and establishing mutually rewarding relationships with our clients. We think that billing by the hour does not encourage the most efficient and effective delivery of legal services.

We strive to be innovative and eliminating the inherent inefficiencies of the billable hour means that we can focus on achieving the best possible result for our clients.

However, we do recognise that not all matters lend themselves to an alternative fee arrangement. That is why we offer a range of alternative fee arrangements, including straight time based billing if that is what works best for you.

We will work in collaboration with you to determine your specific legal requirements and then develop the most effective strategy and fee arrangement for your needs.

What we offer

GMH Legal can offer you the following fee arrangements, or a combination of these, as an alternative to time based billing. These options can be customised to suit your needs. No matter what fee arrangement you prefer, providing you with certainty by scoping and pricing our work upfront is our priority.

Fixed and value pricing

GMH Legal can charge you a fixed price for any matter. We will quote you a price and stick to it. If there is a change in the agreed scope of work, we will send you a variation detailing the new scope and the price for that change.

Value pricing is a fixed price that we agree up front with you that reflects your legal requirements and the service we provide. With value pricing you don’t pay for our time – you pay for the work we do and the value you receive.

This ensures you receive more value for your legal spend. Value pricing can also include fee incentives to achieve your goals and for results that exceed expectations. These incentives align our interests with yours, making your success our success.

Flexible retainers

With a retainer agreement, GMH Legal will charge you a fixed periodic fee for the provision of legal services. A retainer provides the budgetary control and certainty that hourly billing can’t.

We determine the periodic fee by calculating the average value of our services over the time taken to conduct the matter. A retainer means you know exactly what you will pay for the result you desire.

We will regularly review the terms of the retainer with you to ensure it remains fair to both parties.

Event-based pricing

GMH Legal can charge you a fixed price for each stage of a matter. We work with you to properly scope the matter, determine the stages involved and then agree a fixed fee with you for each stage.

Want to know more? Contact us to discuss how we can tailor a fee arrangement to best suit your needs.

George Hanna
Director Solicitor

Tel: (02) 9587 0458
Email: solicitors@gmhlegal.com

New Humanitarian Visas Open For Iraqi Nationals

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The federal government has recently announced that it will be re-instigating the “Community Proposal Pilot” as of 1 July 2014. The Community Proposal Pilot is a program of up to 500 visa places under Australia’s Humanitarian Program. It allows approved ‘proposing organisations’ to propose someone in a humanitarian situation outside of Australia for a Refugee and Humanitarian visa.



REFUGEE VISA - IMMIGRATION LAWYERS

This is a significant development for displaced Iraqi Nationals who now have a new avenue for applying for permanent residence through the In-Country Special Humanitarian Visa (Subclass 201) or the Global Special Humanitarian Visa (Subclass 202).

As many Iraqi’s would be aware, in a series of recent attacks jihadist militants belonging to an al-Qaeda splinter group have seized two major cities in Iraq. These cities are Mosul, the country’s second largest city, and Tikrit, the hometown of former dictator Saddam Hussein.

As many as half a million people are believed to have fled their homes in Mosul as a band of around 800 Islamic State of Iraq and Syria militants seized the city on Tuesday, with many more Iraqis also fleeing the city of Tikrit.

Now that the Community Proposal Pilot has been re-introduced, these displaced Iraqi nationals can apply for a permanent visa to Australia if they can get the support of one of the four government approved proposing organisations under the program.

GMH Legal has an ongoing working relationship with several these organisations who have provided us with placements to use to nominate people for offshore humanitarian visas during the last round of the Community Proposal Pilot.

Under our arrangement, we provide the proposing organization with a completed a case, and if they believe that it is sufficient to meet the requirements for an offshore humanitarian visa, they will propose the applicant to come to Australia under the pilot program.

Our most recent case under the program was approved in record time of only 1 month, with another 2 months taken for health and character checks by agencies of the federal government.
It should be noted that the application fees for visa applications made under the Community Proposal Pilot are onerous. In total, a single applicant must pay the government $19,124 in application fees, and must also pay the sponsoring organization fees of $5,500.

There is also further government fees of $2,680 for each additional applicant included on the visa application as ‘dependants’, such as spouses and children. That said, this visa allows a potential applicant to apply for a permanent residence visa in instances where such a visa would not otherwise be available.

All visas types under Australia’s Offshore Humanitarian Program can be used to propose a visa applicant. Most commonly for displaced Iraqi nationals, this would include the In-Country Special Humanitarian (Subclass 201) Visa (“the Subclass 201 Visa”) and the Global Special Humanitarian Visa (Subclass 202).

The In- Country Special Humanitarian visa is right for you if you are living inside your home country and subject to persecution in your home country, and have not been able to leave that country to seek refuge elsewhere. This is a permanent residence visa that will allow you to live and work in Australia indefinitely, with all the benefits, such as Medicare and Social Security. Under the Community Proposal Pilot, only Iraqi nationals can apply for this visa, and it is not open to people from other Arab countries.

In contrast, the Global Special Humanitarian Visa is right for you if you are living outside your home country, are subject to substantial discrimination amounting to a gross violation of your human rights in your home country, and are proposed by a person or organisation in Australia. As above, this is also a permanent residence visa that comes with all the benefits of being an Australian permanent resident.

Our firm have handled many of these types of visa applications in the past and have an exceptional success rate. If you know an Iraqi family member or friend who has been displaced and suffered persecution, please call Mr George Hanna on (02) 9587 0458 during business hours to organise a free consultation to discuss lodging a visa application.