Australia – Citizenship Amendment (Allegiance to Australia ) Bill 2015

The Australian Citizenship Amendment (Allegiance to Australia) Bill 2015 was passed by Parliament on 3 December 2015.

Australian citizens aged 14 and over can have their Australian citizenship revoked if they are also a citizen or national of another country and participate in specific activities, such as:

• for serious crimes under the Criminal Code resulting in imprisonment for six years or six years cumulatively
• and demonstrated the repudiation of allegiance to Australia
• engaging in international terrorist activities using explosive or lethal devices;
• engaging in a terrorist act;
• providing or receiving training connected with preparation for, engagement in, or assistance in a terrorist act;
• directing, recruiting or financing terrorism or the activities of a terrorist organisation;
• engaging in foreign incursions and recruitment

Chinese nationals eligible for work and holiday visa program

Five thousand eligible Chinese passport holders per year between the ages of 18 and 31 will be able to reside and work in Australia for up to twelve months on or after September 21, 2015 under the Work and Holiday visa arrangement, which was finalized in June.  To be eligible for the program, the traveler must hold tertiary qualifications or have successfully completed at least two years of undergraduate university study.

Key Eligibility Requirements

To be eligible for the Work and Holiday visa, the applicant must:

•    have sufficient funds to support their stay (usually around AUD 5,000) and to purchase a return or onward travel ticket at the end of the stay;

•    have not previously entered Australia on a Working Holiday (subclass 417) visa;

•    not intend to bring a dependent child in Australia;

•    have functional English skills as determined by a language test or by completing specified English language classes;

•    meet character and health requirements; and

•    be a genuine visitor, as determined by the Department of Immigration and Border Protection.

Although the agreement does not currently allow Australian nationals to travel to China on a working holiday, this is under consideration.

What This Means for Employers and Foreign Nationals

Eligible Chinese nationals should benefit from the introduction of the Work and Holiday visa as it will allow for an opportunity to live and work in Australia when company sponsorship may not be an option.

Australian border staff strike to delay travel and visa processing services

A strike by Immigration and Border Protection staff scheduled for September 16–18 and 21-23, is likely to delay immigration clearance at entry ports and visa processing service centres.

Travellers should check the Department on Immigration and Border Protection website for updates regarding the strike.

What This Means for Foreign Nationals

International travellers are advised to arrive at their travel ports early and proceed straight to immigration and customs clearance after checking in.

Streamlined subclass 457 visa processing for trusted sponsors in Australia

As part of the ongoing reform of the subclass 457 program, and based on the recommendations submitted to the Australian government by stakeholders, the Department of Immigration and Border Protection has announced that it plans to implement a streamlined subclass 457 visa application process for trusted sponsors. It is anticipated that these changes will come into effect in late 2015.

The stakeholders recommended a tiered processing framework in which low-risk applications from low-risk sponsors qualify for status as an Accredited Sponsor to receive streamlined processing and reduced documentary requirements.

Qualification Criteria of an Accredited Sponsor

The criteria for qualifying as an Accredited Sponsor will be amended to place the primary focus on a long history of sound compliance instead of a combination of other factors such as volume of applications and quotas of Australian staff relative to subclass 457 holders. This will increase the number of qualifying sponsors and serve as a further incentive to ensure compliance with the subclass 457 visa program.

Factors that are currently assessed at the time of each nomination application - such as occupations and salary bands that the sponsor uses and whether the visa applicant is an intra-company transfer - will instead be assessed at a pre approval stage.

What This Means for Employers

Employers qualifying for Accredited Sponsor status should benefit from a faster and easier application process. Interested employers should contact their immigration professional to discuss the eligibility criteria.

Courtesy of Fragomen.