March 2006

The most exciting news has to be the relaxation of rules to allow temporary residents to include their same sex partners on their visas; and the new measure to enhance taxation arrangements for temporary visa holders -and much more.

We hope you find this issue of Abacus Visa Alert informative and useful.

Recognition for Same Sex Partners-good news

From 1 July 2006, temporary 457 visa holders will be able to include their same sex partners on their visas.The new rule will slowly be phased in to apply to other categories of visas including, skilled migrants and students. Abacus Visa will keep you posted on this.

Currently, only Australian citizens and permanent residents can sponsor same sex partners into Australia. Skilled migrants and temporary residents have not been able to include same sex partners. This has in the past created great uncertainty and hardship, as the same sex partners of these people have to enter Australia in their own right. The change is one of the measures of Australian Government to keep Australia competitive in the intense global market for skilled workers.

Tip: Business sponsors must note that their sponsorship undertakings will be extended to cover the same sex partners during their period of stay in Australia.It is important that sponsors are aware of the extent of these obligations.

Tax Relief for Temporary Residents

A new Bill was introduced on 16/2/2006 which will provide tax relief for temporary residents, and also reduce the compliance and administrative costs for Australian businesses.Under the new measure, temporary visa holders will not be taxed on foreign source income. This will give Australia a competitive expatriate taxation regime to attract more skilled foreign workers.The changes are expected to take effect on 1/7/2006.

For more information, go to:

• Treasurer’s press release: Enhancing the foreign income tax arrangements for temporary residents (16 February 2006) 
• The ICAA's comment to the Treasurer: Temporary resident exemption (20 June 2005)

Tip:Business sponsors and temporary visa holders should seek detailed advice from their expatriate tax providers to take full advantage of this new measure.

Minister Defends Skilled Migration

The recent rejection by Amanda Vanstone of the claims that overseas workers employed by a South Australian gas company were being exploited, highlights the importance of compliance with immigration laws by business sponsors and their temporary visa holders.Stringent statutory undertakings are imposed on business sponsors when they are granted business sponsor status.Even inadvertent breach of these undertakings may incur heavy penalties and would therefore impact adversely on your business operations.

Tip:We therefore encourage all business sponsors to become familiar with these undertakings.You can view these undertakings by clicking here.

IELTS (English) Test – 90 Day Re-take Rule abolished

From 1/5/2006, the 90 day re-take rule will be removed.Currently, candidates are not allowed to repeat an IELTS test within 90 days at any centre.This is good news for many visa applicants who rely on IELTS test results to demonstrate English proficiency.

Tip:Candidates are encouraged to engage in serious further study, as merely relying on repeat testings will not substantially improve test scores.

Graduate Certificate for Migration Professionals – long overdue

Currently, to become a registered migration agent, a person is only required to pass the Migration Advice Professional Knowledge Entrance Examination (the MAPKE Examination) and candidates are encouraged to complete an ‘entry level preparatory course’ - generally a 6 day full-time course.From 1^st July 2006, A Graduate Certificate in Australian Migration Law and Practice becomesmandatory as the new entry level standard for those who do not hold a current legal practicing certificate.A number of Australian universities have signed agreements with the Migration Agents Registration Authority to provide this course.

This is indeed a welcome initiative in raising the professional standard of the migration advice industry and will go a long way in protecting the vulnerable consumers.

As an added protection measure for consumers, we firmly believe that a short period of work experience after the completion of the Certificate must be a requirement for registration.In addition, new agents should only provide migration assistance under supervision for a period of time.

NSW Government News on Migration

Skilled Visas – the NSW Government has announced its interests in attracting more skilled migrants to NSW and will focus in the fields of: finance, IT, biotechnology and pharmaceuticals.

Business Skills Visas - the standard of applications have improved in the latter part of 2005, leading to increased approval for sponsorship. Applications declined by DIMA are usually because applicants failed to substantiate their claims of experience in a senior management role during site inspections and interviews.

For more information, go to www.business.nsw.gov.au

Name Change again for DIMA

Please note it is the 'Department of Immigration and Multicultural Affairs' again – and 'Indigenous' is longer applicable. The acronym “DIMA” will once again be used rather than DIMIA.