RECENT DEVELOPMENTS AND HOT TOPICS Presentation by Lena Hung Accredited Immigration Law Specialist Principal, Lena Hung & Associates

RECENT DEVELOPMENTS AND HOT TOPICS Student Visas New 188E Entrepreneur Stream for Business Skills Visas Member of Family Unit Regulations Changes to Subclass 462 Summary of 400 Series Changes

STUDENT VISAS POST 1 JULY 2016 Subclass 500 Student visa Subclass 590 Student Guardian 28 Day rule moved from Schedule 2 to Schedule 1 Onshore Applicants must not hold the following visas: Subclass 426 Domestic Worker (Temporary) Diplomatic or Consular Visa Subclass 403 Temporary Work (International Relations Visa) Domestic Worker Stream Subclass 995 Diplomatic Visa Subclass 771 Transit Visa Subclass 600 Sponsored Family or Approved Destination Status Streams

STUDENT VISAS POST 1 JULY 2016 S = Streamlined evidentiary requirements R = Regular evidentiary requirements Source: The Simplified Student Visa Framework p.2

STUDENT VISAS POST 1 JULY 2016 English Requirements – VET and Higher Education course Test results validity of 2 years (can provide at time of decision) IELTS 5.5 no ELICOS IELTS 5.0 with 10+ weeks ELICOS IELTS 4.5 with 20+ weeks ELICOS

Genuine Access to Funds and Financial Capacity STUDENT VISAS POST 1 JULY 2016 Genuine Access to Funds and Financial Capacity Annual Income Funds held in: Spouse of primary applicant Parents of primary applicant Money Deposit in a Financial Institution Loan with a Financial Institution Government Loans Scholarship or Financial Support Annual income of $60,000 if applicant applying alone Annual Income of $70,000 if applicant including any Dependants Sufficient funds to cover: First 12 months of stay Living costs: Primary Applicant $19,830 Student Guardian $19,830 Partner $6,940 Dependent Child $2,970 Course fees (dependants) $8,000 Travel Expenses for all applicants

STUDENT VISAS POST 1 JULY 2016 Age Requirements for schools sector Adding Dependants -Different requirements for subclasses 500 and 590 Condition 8202 Enrolled and Maintain Course Progress Condition Visa-holder must maintain enrolment in a registered course that, once completed, will provide a qualification from the Australian Qualifications Framework (AQF) that is at the same level as, or higher than, the registered course in relation to which the visa is granted (e.g. cannot move from Bachelor Degree to Vocational Diploma, but can move up to Master’s Degree on the same subclass 500 visa) Where a Visa Holder is enrolled in a Doctorate Level (AQF Level 10), they may move down to complete a Masters Level Course (AQF Level 9) and still comply with Condition 8202

Source: https://www. border. gov

188E Entrepreneur Stream Business Skills Undertaking a Complying Entrepreneur Activity Innovative Idea leading to Commercialisation or Enterprise Development, except the following: Labour hire activities Residential real property Acquiring interest in existing business, including a franchise Funding of at least $200,000 from one of the following: Commonwealth/State/Territory agency Bodies under publicly funded research under the law of a Commonwealth, State or Territory Venture Capital Limited Partnership* Early Stage Venture Capital Limited Partnership* Higher Education Provider listed under Table A or B of Higher Education Support Act 2003 Funding must be Lawfully Acquired and Unencumbered Business Plan * VCLP and EVCLP Lists available https://www.business.gov.au/assistance/venture-capital

188E Entrepreneur Stream Business Skills Entrepreneur Stream minimum requirements: Age under 55 or ‘exceptional economic benefit’ to the State or Territory Competent English Sufficient Net assets for settlement in State or Territory Genuine Intention to undertake Complying Entrepreneurial Activity

888E Entrepreneur Stream Business Skills - PR Hold 188 visa in Entrepreneur Stream for at least 4 years Reside in Australia for a period of at least 2 out of 4 years Overall successful record of undertaking activities of an Entrepreneurial Nature in Australia, having regard to: Number of Australia citizens and permanent residents employed in relation to complying entrepreneur activities Level and nature of funding and investments in the activities Annual turnover of business related to the activities

Member of Family Unit Regulations From 19 November 2016 Only allow the core family unit (partner and children or grandchildren) who are ‘dependent’ on the family head to be included Only allow children 18 to 23 to be included in an application if they are ‘dependent’ on the family head Note: MoFu definition is retained for Refugee, Humanitarian and Protection Visas “Dependent Child” under Reg 1.03 unchanged – no age limit – applies to 820/801 Doesn’t affect MoFu for new visa basis on earlier status as MoFu, eg. 457 to ENS, RSMS, 173 to 143, Regional Skilled visas to 887, old 457 to new 457 23 Age limit on new 457 Dependants

Member of Family Unit Regulations Previous Reg. 1.12 Pre 19/11/16 Mother in law Uncle Primary Partner Step Child Child Dependent Child GrandChild 13

Member of Family Unit Regulations Current Reg. 1.12 – General Family (Post 19/11/16) Mother-in-law Uncle Primary Partner Step Child Child Dependent Child GrandChild 14

Changes to Subclass 462 – Work and Holiday Second Work and Holiday visa (462) - completed 3 months of specified work on first 462. Work must have commenced after 18 November 2016 and paid Award rates. IMMI 16/097 prescribes ‘specified subclass 462 work’: (Different to 417) At least 3 months of work in prescribed postcodes in Queensland or Western Australia or all of the Northern Territory Work can be performed within prescribed occupations in the Tourism and Hospitality industry (e.g. Hotel Managers, Art Administrators, Café and Restaurant Managers or Café attendants, etc.) Work can otherwise be performed within prescribed occupations in the Agriculture industry (e.g. plant and animal cultivation, fishing and pearling jobs, tree farming and felling jobs, etc.)

Changes to Subclass 462 – Work and Holiday Countries added to the Work and Holiday framework in over last 12 months: China Israel Hungary Luxembourg San Marino A new Work and Holiday arrangement was signed with Ecuador on 19 January 2017

Summary of 400 Series Changes 6 month transitional period (18 May 2017) for “legacy” sponsors previously approved to lodge new visa 28 Day Rule (“Schedule 3 requirements”) moved from Schedule 2 to Schedule 1 (Validity issues) Lodgement online via ImmiAccount (except 403 International Relations) Four subclasses: New Subclass 400 captures old subclass 400 (Highly Specialised Work and Australia’s Interest) New Subclass 408 captures old subclasses 400 (Invited Participant) 401, 402 (Research) 420, 488 and 416 (Special Program) New Subclass 407 captures old subclass 402 (Professional Development and Occupational Trainee) New Subclass 403 captures old subclasses 403 (all streams) and 416 (Seasonal Worker Program)

Summary of 400 Series Changes Source: https://www.border.gov.au/Trav/Work/temporary-activity-visa-changes

Questions? Lena Hung & Associates Contact us: Lena Hung & Associates Suite 3, Level 12, 470 Collins Street Melbourne Victoria 3000 Tel: (03) 9041 6520 Fax: (03) 9939 5405 Website: www.lenahung.com.au Email: info@lenahung.com.au