Immigration Case Review

06/04/2019

The Adelaide Technology and Innovation Advancement Agreement and Regional South Australia - DAMA

Joint media release with the Hon David Pisoni MP South Australian Minister for Innovation and Skills – Designated Area Migration Agreement (DAMA) to fill South Australian skills gaps

The Morrison Government has delivered for South Australia with the finalisation of two Designated Area Migration Agreements (DAMAs).

The Adelaide Technology and Innovation Advancement Agreement and Regional South Australia DAMAs respond to calls for greater growth and will help ensure businesses have the workers they need.

“The City Deal DAMA will provide employers with the ability to access and retain a highly-skilled workforce in the Defence, space, advanced manufacturing and technology industries and help drive the innovation hub – Future Industries Exchange for Entrepreneurs (FIXE) – at Lot Fourteen,” Minister Pisoni said.

“The Regional DAMA will enable employers in industries such as agribusiness, food processing and hospitality and tourism in regional South Australia, to sponsor skilled workers for jobs they are unable to fill with the existing workforce.”

02/04/2019

Australian Budget 2019 - Immigration

Additional Points for English:

From November 2019, the Points Test will be adjusted to award additional points to primary applicants when their partner has competent English but does not meet the existing requirements for skilled partner points. Single applicants will also be awarded additional points to ensure they are not disadvantaged.

Two New Regional Visas:

From November 2019, two new regional visas will be implemented:

-the Skilled Work Regional (Provisional) visa, and the Skilled Employer Sponsored Regional (Provisional) visa, which will replace the existing Regional Sponsored Migration Scheme (subclass 187) visa, and

-the Skilled Regional (Provisional) visa (subclass 489). The new visas will permit skilled migrants to stay and work in regional Australia for a period of five years.

From November 2022, the Government will also introduce a new Permanent Residence visa for regional Australia.

International Students - Additional Year

From November 2021, international students will be able to apply for an additional year on a second post-study work visa if they complete a higher education or postgraduate qualification in a regional area, and live in a regional area while holding a Temporary Graduate (subclass 485) visa.

23/03/2019

Congrats to my wife Valerie Dagama Pereira Accredited Specialist in Immigration Law for having been selected in the 12th Edition of The Best Lawyers in Australia for

Immigration Law

She has also been recognised as one of the 2020

"Lawyer of the Year" award recipients.

This accolade has been awarded for her work in Immigration Law in Melbourne.

Only a single lawyer in each practice area and community is honored with a "Lawyer of the Year" award.

04/01/2019

South Australia - Minimum Funds of A $ 25000 required for the new Entrepreneur visa

The criteria for this visa includes:

• Have an innovative idea with a supporting business 
plan;


• Be under 45 years of age at time of application;


• Demonstrate at least a minimum of Vocational level 
English; 


• Meet all health, character and financial 
requirements detailed by the Department of Home 
Affairs; 


• Be endorsed by a South Australian Government 
entity (Department for Trade, Tourism and 
Investment) to take forward an innovative idea in 
South Australia;


• Have sufficient funds to support themselves and any 
eligible dependant family members included in your 
application.

Funds required

Total figure between AUD $ 20,000 - 25,000 (Single)

AUD $ 25,000 - 30000 (married)

29/12/2018

South Australia – Entrepreneur visa

The Supporting Innovation in South Australia (SISA) pilot is seeking to attract promising overseas seed-stage entrepreneurs to develop their innovative idea in South Australia and create jobs in the local eco-system.

SISA will be run over three years and commenced in November 2018 and ending in November 2021.

SISA plan
• New overseas entrepreneurs will be connected with
key events and activities within the local eco-
system to help them develop and scale up their
business
• The Office of the Chief Entrepreneur will manage
the program.
• Investors will have the opportunity to back these
overseas emerging startups to grow their business
with a hope to create local jobs for young, talented
South Australians
• The South Australian Government and business
community will work together to support these
overseas entrepreneurs to create start-ups; build
successful businesses and go global with their
established businesses.
• Startups maintaining their head office in South
Australia will be mandatory for the entrepreneur
visa
• Overseas entrepreneurs will share their experience,
skills, and talent; exchange ideas; learn from each
other; collaborate that will further the South
Australian innovation eco-system and have a
positive impact on the Australian innovation eco-
system

The criteria for this visa includes:

• Have an innovative idea with a supporting business
plan;
• Be under 45 years of age at time of application;
• Demonstrate at least a minimum of Vocational level
English;
• Meet all health, character and financial
requirements detailed by the Department of Home
Affairs;
• Be endorsed by a South Australian Government
entity (Department for Trade, Tourism and
Investment) to take forward an innovative idea in
South Australia;
• Have sufficient funds* to support yourself and any
eligible dependant family members included in your
application.

05/08/2018

GTE

A number of students have been in Australia for 5-6 years plus and who are mainly doing Vocational courses.

Many of them apply for a new visa on shore.

In recent days a substantial number of visa applications have been refused under directions 53 - GTE (old) Directions 69 (new) .

Interpretation of Directions 53 & 69 will depend on recent court cases.

It is important that agents who represent clients at AAT make sure that their legal submission(s) at AAT refer to recent cases.

Failure to lodge adequate legal submissions on GTE at the Tribunal will trigger a claim under s 60 of Australian Consumer Law.

Under section 60 of the Australian Consumer Law, contracts for the supply of services to consumers contain an implied warranty that the services will be rendered with due care and skill.

If refused at AAT there is no room to add additional information at judicial review at the Federal Circuit Court.

AAT processing time is around 2 years and FCC time maybe 2 years plus.

27/06/2018

Australian Global Talent Tech Startup Visa - 1 July 2018

DHS announced on 28 May they planned to cancel the US Entrepreneur Rule.

After months of speculation, Australia has just announced their New Tech Startup Global Talent visa to start 1 July

This visa transit to a permanent visa.

-An Innovative idea (State Government or Federal Government will approve) that can be commercialised
-Entrepreneur Activity
-Have funding agreement for A $ 200000 (from self or other companies)
-10 % of A $ 200000 be invested in 12 months
-Must have funds to support self and family
-Business Plan in place

Opportunity for startups to set up Australia.

14/04/2018

Best Lawyers:

Congratulations to my wife for being nominated by her peers as Best Lawyer in Immigration Law

The 2019 Edition of The Best Lawyers™ is out.

The public release will correspond with coverage in the Australian Financial Review.

Valerie Pereira has been selected by her peers for inclusion in the 11th Edition of The Best Lawyers in Australia for her work in:

Immigration Law

https://lnkd.in/f5YyjPS
Best Lawyers List for Australia | Best Lawyers
Best Lawyers List for Australia | Best Lawyers
bestlawyers.com

Search the all new list of the top lawyers in Australia. Learn more about the top legal talent.

22/03/2018

Indian Entrepreneurs:

We are looking for Indian Entrepreneurs with an Innovative idea who may be interested in setting up a Tech startup in Australia under

-The Global Talent Tech startup visa to commence on 1 July 2018

or

-Entrepreneur visa for tech startups to commence shortly.

Please send a brief on your innovative idea with a pitch deck

15/03/2018

Subclass 482 - Temporary Skill Shortage (TSS) Visa may be released over the weekend and may commence on 18 March 2018.

The Australian Government will introduce Temporary Skill Shortage (TSS) - sub-Class 482 visa to replace the 457

The TSS visa is a temporary visa 2-4 years which permits the holder and family to live in Australia while working full-time for the sponsoring employer.

28/02/2018

MARCH 2018 CHANGES, HIGH REFUSAL RATE FOR ENS AND RSMS DUE TO FRAUD

An important seminar was held today in Melbourne by the Department of Home Affairs (DOHA) on

-the new Temporary Skills Shortage 482 visa
-the changes to the Employer Nomination Scheme (ENS) 186
-the changes to Regional Sponsored Migration Scheme (RSMS) visas to come in March 2018

We will keep you updated when regulations are officially released.

The Department of Home Affairs (DHA) confirmed that they are discovering widespread and sophisticated fraud

-ENS 186 applications
-RSMS 187 visa applications.
-70% of current visa applications have been classified as “high
-DHA is currently rejecting 30% of ENS 186 visa applications and 50% of RSMS 187 visa applications.

The fraud discovered has taken various forms.

There will be no natural justice letters issued for further documents for ENS 186 or RSMS 187 visa application

Call us before you receive a refusal.