Migrants to Australia warned about job scams

There are thousands of jobs in Australia available for jobseekers, but for many, it is a case of “buyer beware”.

Australian Mining reports that Queensland mines minister Stirling Hinchliffe has warned of mining job scams.He stated that jobseekers should do their research before singing up to agencies which claim to be a recruiting hub for the resources industry.”Shonky businesses are targeting jobseekers wanting to get a foot in the door in the mining industry,” Hinchliffe said.

“We’re hearing about a number of businesses who are overstating the level of assistance they are able to offer jobseekers.The last thing we want to see are the hopes – or the hip pockets – of jobseekers being exploited by unscrupulous operators.These operations – usually set up online or at suburban shopping centres – offer, for a considerable fee, to include the jobseeker’s resume on an exclusive recruitment database that they claim is used by resources companies. As far as we can tell, the database is fictitious and we have no evidence to suggest that these companies have links to resources companies or their recruiters.”

The magazine goes on to outline the case against David Macartney, who was charged with four counts of obtaining money by deception and two counts of attempting to dishonestly obtain money after running a mining recruitment scam in Queensland. The charges allege he defrauded six people out of more than $32,000 after falsely recruiting them to work for a major Western Australian mining company.

Source:http://www.australiamagazine.co.uk/?p=1164

Australian government confirm 92,000 workers needed

Australia’s hospitality and tourism industry is so short staffed the government needs to import 36,000 cooks, waiters and bartenders immediately

It is also looking for another 56,000 workers by 2015, according to Immigration Minister Chris Bowen. Under a new federal plan, tourism and hospitality employers would be able to bring in workers on a two to three year visa similar to the 457 visa program widely used in the mining sector. The vacancies are caused by a number of factors; chief amongst which is the reluctance of Australians to do “menial”jobs.

Experts say high-paying mining jobs are luring young Australian workers from traditional fields such as retail and hospitality, while others would rather go on the dole than muck in and do certain jobs themselves.

“I hate to say it but there seems to be a sense of entitlement among younger Australians,” Tourism Accommodation Australia boss Rodger Powell said.

“They believe jobs in the service industry are too menial or too low paid and they have been brought up to believe they are destined for something better instead of starting from the bottom and working their way up as generations did before them.”

Source:http://www.australiamagazine.co.uk/?p=1195

South Australia updates skilled migration lists

Good news for anyone thinking of emigrating to Australia from the UK, as South Australia adds 28 occupations to their State Migration Plan.

Some 28 occupations have been added to the SSML for 2011/2012, while some occupations were removed from the previous list and now are available for “Off-List”* nomination. 

Additionally, there have been some revisions to the IELTS requirements for certain occupations.

You can view the South Australia list by clicking here. 

Rule of law for all migrants

AUSTRALIA is arguably the world's most successful immigration nation. However, we cannot take our continued success for granted or be misguided about the reasons for our success. We must continue to decide who comes to this country and the circumstances in which they come.

Our focus on merit-based, non-discriminatory and orderly immigration, and the values that underpin these measures, has helped us overcome the barriers of diverse nationalities and ethnicities to create a nation with a clear sense of national identity.

The Liberal Party has been in the vanguard of these efforts and remains so today. Robert Menzies embraced the ambitious and positive program of postwar immigration and signed the Refugee Convention. Harold Holt abolished the White Australia policy. Malcolm Fraser established SBS, migrant resource services, English language instruction and the special offshore humanitarian program.

Opposed by Gough Whitlam, Labor and the unions, Fraser also responded to a regional refugee crisis, resettling more than 50,000 Indo-Chinese refugees, while stopping boats coming to Australia by establishing offshore processing in places such as Galang in Indonesia.

John Howard increased skilled migration from less than 30 per cent to almost 70 per cent of the permanent program, while doubling the size of this program and halving community concerns about immigration levels being too high.

On our borders, Howard also stopped the boats, while resettling about 150,000 refugee and humanitarian entrants. When he left office, one in 400 protection visas went to those who had arrived by boat. Today that figure is one in five.

Today we face new challenges.

The level of social dislocation arising from Europe's failed immigration policies is now obvious to all and is concerning many Australians. The most serious example is the rise in home-grown terrorism from isolated ethnic and religious communities.

However, we must be careful to address our own challenges, not appropriate those of other continents. Germany and Britain did not follow Australia's planned migration path and have paid the price. In both cases migrants have significantly higher rates of unemployment and lower skills and qualifications than the balance of the population.

By contrast, in Australia we have chosen migrants who are more likely to be successful.

In Australia, our migrant population and their children have achieved equal or better in education, unemployment, labour force participation, median full-time earnings and even incarceration, compared with the rest of the community.

Of course, we should have policies that promote acceptance, reject discrimination, provide support and recognise our diverse backgrounds. We should continue to be conscious of removing barriers to participation in the Australian community. In fact, we should be more insistent about that participation. Our first priority must be to protect the integrity of our immigration program.

Immigration is not a welfare program; it is a nation-building program that seeks to add to our national wellbeing. This program must be driven by our national interest, in selecting those most able to make a contribution.

The government's failures on our borders remain a priority in restoring the integrity of our immigration program. However, we must also start to deal with the growth in temporary migration that is now the dominant source of net overseas migration to Australia. We learned many years ago that capital was mobile and we adjusted our system of financial regulation and policy frameworks to take advantage of this change. Today, people are mobile, for study and employment in particular.

We need policies that can embrace this opportunity, while ensuring we retain the integrity of our immigration program, and ensure that those who come to Australia as workers or students can fully participate in their Australian experience and engage our way of life.

A further challenge is to acknowledge the new fault line for social cohesion in Australia. This was once defined by race, nationality and ethnicity; it is now becoming religion.

This new challenge is different. We are dealing with the borderless, non-racial, ethnically non-specific and non-language-dependent realm of personal beliefs and values. Our response should be the same - remaining true to the values, systems and institutions that have served our nation well. These include freedom of religion. The only constraint Australia places on the practice of religion is that believers respect the rule of one law, the institutions that uphold this law and the values that we live by and aspire to as a nation.

In my experience religion should not be an excuse for separation. People of faith are typically committed to the welfare of others, the primacy of family and the importance of community. We need to focus more on these commonalities. We also need to avoid making exceptions for the differences and encourage a one-rule-for-all approach.

For example, I am opposed to the banning of any form of religious dress. Equally, religious dress should not be afforded any special status or exemption under the law, especially for identity or security purposes. Common sense should prevail.

For the past 60 years we have found a better way to make Australia work as an immigration nation. It is not perfect, but it's better than most.

Our liberal democracy; our merit-based, skills-focused immigration program; the primacy of English as our only national language and the universal embrace of accessible and enduring Australian national values constitute our better way.

We must not drift from this path in the face of new challenges or policy fashions.

Source:http://www.theaustralian.com.au/national-affairs/opinion/rule-of-law-for-all-migrants/story-e6frgd0x-1226250755565

Australian skilled migration visa program changes coming 1 July 2012

Beginning 1 July 2012, Australian immigration will be introducing huge changes to their skilled migration program. This represents the most dramatic change to the Australian immigration system in many, many years. It is expected that under the Australian immigration system fewer people will qualify and processing times will be longer. If you wish to come under the current skilled immigration programme you should apply for a skills assessment as soon as possible. You need to be ready with your skills assessment and, have passed the English language test before you can submit your immigration application.

Australian immigration's new skilled worker program will be called the Skilled Migrant Selection Register, known as SkillSelect. In order to apply, you will have to submit an Expression of Interest (EOI). The SkillSelect will work as an electronic two-stage process where prospective visa applicants first submit a claim for skilled migration through an online EOI. Following this, applicants may then be invited to submit an Australian visa application on the basis of their EOI.

This is a really significant change from the current Australian immigration system. It is likely that fewer people will qualify under the new scheme because under the new scheme you will not only need to gain enough points but, in addition, Australia immigration will decide whether or not you will be allowed to submit an application. This is compared to the current system wherein if you gain enough points under the particular visa scheme you are likely to get in.

From 1 July 2012, all new prospective Australian skilled migration visa applicants will have to submit an EOI and wait for an invitation before they can lodge their visa application. For those who have lodged a visa application before that date, Australian immigration will process the application in accordance with any priority processing direction in effect at that time.

Australian visa applicants will be selected based on their points test score in a number of selection criteria. All prospective visa applicants will be required to meet the relevant English language requirements and obtain the necessary skills assessment prior to their EOI submission. However, unlike now you will have to also be approved by SkillSelect to obtain your visa. This brings in greater uncertainty compared to the current system.

The SkillSelect system will affect applicants for the following Australian skilled visas:
Independent Skilled Migration (subclasses 175 and 885)
State Sponsored Skilled Migration (subclasses 176 and 886)
Business Skills (subclasses 132, 161, 162, 163, 164, 165, 890, 891, 892, 893)
Employer Nomination Scheme (subclasses 121 and 856)
Regional Sponsored Nomination Scheme (subclasses 119 and 857)
Subclass 457 Temporary Business (Long Stay) visa (subclass 457).
Remember if you wish to apply for a skilled immigration visa you should start preparing now so that you are ready to submit your application before 1 July 2012.

Once the new system in implemented, SkillSelect will begin issuing invitations to eligible applicants in August 2012. Invitations will be issued to the highest ranking EOIs in descending order. The date and time of submission of the completed EOI may be used to separate those who score equally, so apply as soon as possible. Australian immigration will also announce a cap for occupations to limit how many people are selected from a certain occupation group. This ensures that the migration program is not dominated by a narrow range of occupations.

Source:http://www.workpermit.com

Immigrants can help Australia prosper

Leading surgeon Charlie Teo says racism in Australia is not as bad as in other countries but it still exists.

Dr Teo, the son of Chinese immigrants, said racism in Australia was not as bad as other countries but it still existed.

'Is it something that we need to accept as the Australian psyche? Absolutely not,' Dr Teo told reporters after his Australia Day address in Sydney on Monday night.

'Why can't Australia be the gold standard of non-racist environment?

'We should start talking about it, we should see that it exists, then we can do something about it.

'Any racism, in any form, any degree is a bad one.'

Dr Teo said he lived and worked in the US for 10 years and believes Americans have better attitudes towards immigration.

'Once immigrants make it into America they are really, really embraced and are given lots of opportunity,' he said.

'It's not like I want Australia to open up the floodgates and let everyone in but we do have to think about the concept of immigration and the concept of immigration is that it does add to the wealth of the country.

'Once you accept that immigrants are actually good for your country then hopefully people's attitudes and their kindness will improve.

'You start with the basic premise that the majority of people that come to this country are good people.'

In his Australia Day address, Dr Teo urged Aussies to share their country and put aside their anger.

'I want everyone who find themselves angry and intolerant to think first about the misfortunes - such as those with cancer,' Dr Teo said.

'I want anyone who has come from another country to embrace the Australian way of life. It has served us well.

'I want all Australians to see how immigrants have contributed to our nation and to appreciate that a rich and prosperous country such as ours has a moral and global responsibility to share our resources.

'Finally I want to thank Australians for giving me professional and personal fulfillment, for believing in me when some of my colleagues didn't, for seeing a Chinaman as an Aussie, not as a foreigner.'

The Australia Day address has provided commentary on national identity since 1997.

Source:http://www.skynews.com.au/topstories/article.aspx?id=710706&vId=

Skilled migrants snap up remote jobs as Queensland jobless rise

ALMOST 4600 Queensland jobs have been given to foreign workers in the past year as the state's unemployment climbed to become the nation's worst. The Department of Immigration says the number of foreign workers in Queensland has increased 70 per cent on the previous year. The surge has led to the union movement to claim that the system has failed and that the training of Australians to fill the skills gap has made no headway. Employers also argue that Australians are rejecting work in remote areas where many of the jobs are. The data also showed there were 83,290 foreign workers in Australia under the 457 visa scheme which is designed to use foreign workers to temporarily fill skills gaps. But as the mining sector has drained workers from other industries, like tourism and agriculture, those industries have become desperate for staff. Fast food outlets are now also bringing in labour from the Philippines to work in places such as Roma and Mount Isa while farm hands are being sought from places such as South Africa and Korea and the food and accommodation sector has had one of the biggest increases in foreign workers. "The figures are very concerning,'' Queensland Council of Unions president and member of the Skills Queensland board John Battams said. "They are supposed to be a temporary solution and not a substitute for training.'' About 100 labourers were brought in from overseas last year along with 100 meat workers, 80 cooks and a 160 per cent increase in trades workers to 1090. Mr Battams said many employers were now using the 457 visas as a quick fix to address labour shortages rather than employing and training Queenslanders. "There needs to be more checks and balances to make sure they (457 visas) are the last resort and incentives for people to move to places where there are job shortages.'' Chamber of Commerce and Industry general manager Nick Behrens said the increase could also reflect the huge number of resource projects and the demand for high skills. He said the chamber agreed with unions that the training system had failed. "The demand for 457 workers is often because of the disinclination of Australians to travel to the regions. "If an employer needs to source workers overseas, it's because they can't get workers here.'' Read more: http://www.news.com.au/business/skilled-migrants-snap-up-remote-jobs/story-e6frfm1i-1226245034704#ixzz1jaNDNJdy

Overseas student numbers down again, industry losing billions

International student enrolment numbers are in decline and the education sector has lost more than two billion dollars in the past 12 months. And while there have been some changes to visa requirements to make it easier and cheaper for international students coming to Australia, it's proving difficult to win back the interest and trust of foreign students. Source:http://www.abc.net.au/news/2012-01-16/overseas-student-numbers-down-again-industry/3774858?section=nsw

Sri Lanka Visa - No visa fees for transit passengers

The government has decided to exempt transit passengers and children less than 12 from having to pay visa fees, Cabinet spokesman and Minister Keheliya Rambukwella said today
.
This was based on a proposal by President Mahinda Rajapaksa to the cabinet. It states that visa fees would be waived for children less than 12 years of age transit passengers who stay in the country up to 48 hours.

This move would be much favourable to Sri Lanka, as this system would boost visits by foreigners with children

Source:http://www.dailymirror.lk/news/16061-no-visa-fees-for-transit-passengers.html

Australia needs Pinoys to fill 300,000 job vacancies

MANILA, Philippines – With the continued labor shortage foreseen in the next ten years, Australia said that it prefers thousands of skilled Filipino workers to fill up the 300,000 job vacancies in its southern region.

Kevin Foley, South Australia’s Deputy Premier and Minister for Industry and Trade, said he conveyed to Philippine Labor Secretary Marianito Roque that his region is targeting Filipinos to work in the medical, construction, electronics and service-oriented sectors.

“Around 300,000 jobs will be opened. We are in need of more nurses, doctors, medical practitioners, highly skilled engineers, welders, chefs and other skilled workers,” Foley said.

Foley said the success of the existing agreements between the Philippines and three Canadian provinces to hire more Filipino workers has been a catalyst for South Australia to follow a similar course.

He said the South Australian mission will be assessing local skills, particularly in the building and motor/metal trades, and see if Australia’s strict immigration requirement can be met through cooperative arrangements for appropriate skills training and mutual recognition of accreditation.

Foley added that the South Australian government is planning a follow-up visit to the Philippines with a business delegation that will include a range of employer representatives in February 2009.

“I have discussed our interest to Secretary Roque, which will act as a precursor to a Memorandum of Understanding between our two governments,” Foley said.

According to Foley, Roque responded favorably to the South Australian government proposal due to its strong credentials in implementing successful immigration, settlement, and cultural integration programs and services for migrants.

The Philippines currently represents South Australia’s sixth largest source market for migrants, many of whom are helping to ease the demand for trade skills at a time the region is experiencing low levels of employment.

South Australia, which is the major construction hub for Australia’s defense maritime vessels and military aircrafts, is one of the eight states and territories of Australia and has a population of only over 1 million.

Its capital city, Adelaide, is considered the gateway to the region.

“We are urging Filipino migrants and businessmen and companies to go to South Australia. It has a safe and comfortable environment and it has a lot to offer in terms of business and labor opportunities,” Foley said. – GMANews.TV

© http://www.gmanews.tv/story/106434/Australia-needs-Pinoys-to-fill-300000-job

Amendments to Remove the Discretionary 'Assurance of Support' Requirement from Certain Partner Visas

Commencement: 1 January 2012

Client summary

From 1 January 2012, the Migration Regulations 1994 ('the Regulations') are amended to remove the discretionary 'Assurance of Support' (AoS) requirements from certain Partner visas.

Affected legislation

The following provisions of the Regulations are amended:

• Schedule 2, clause 100.223, is omitted
• Schedule 2, clause 100.323, is omitted
• Schedule 2, clause 300.225, is omitted
• Schedule 2, clause 300.325, is omitted
• Schedule 2, clause 309.227, is omitted
• Schedule 2, clause 309.325, is omitted
• Schedule 2, clause 801.222, is omitted
• Schedule 2, clause 801.322, is omitted
• Schedule 2, clause 820.222, is omitted
• Schedule 2, clause 820.322, is omitted.

Additional information

The Social Security and Other Legislation Amendment Act 2011 amends the Social Security Act 1991 with effect from 1 January 2012.

The effect of the amendments to the Social Security Act 1991 is that, from 1 January 2012, access to Special Benefit payments for the holders of temporary Partner visas will align with access to Special Benefit for the holders of permanent Partner visas. That is, during the visa holder's initial two-year residence in Australia, the visa holder must prove they are in financial hardship and have experienced a substantial change in circumstances beyond their control since arrival in Australia to be eligible for payment of Special Benefit.

Given that the amendments to the Social Security Act 1991 align access to Special Benefit for the holders of temporary Partner visas with that of permanent visa holders, the discretionary Assurance of Support requirement will become redundant for these visas.  It has also been decided to remove the requirement for the discretionary Assurance of Support from the permanent Partner visas.

Therefore, complementary to the amendments to the Social Security Act 1991, the Migration Regulations 1994 will also be amended with effect from 1 January 2012 in order to remove the discretionary Assurance of Support requirement from certain Partner visas.

Transitional provisions:

The proposed amendments to clauses 100.223, 100.323, 300.225, 300.325, 309.227, 309.325, 801.222, 801.322, 820.222, 820.322 apply in relation to an application for a visa made, but not finally determined (within the meaning of subsection 5(9) of the Migration Act 1958),before 1 January 2012.

Forms

• Form 40SP Sponsorship for a partner to migrate to Australia
• Form 1127 Booklet 2 Partner Migration

Both forms have been amended and new electronic versions will be available from 1 January 2012.

The new version of Form 40SP will be available in hard copy from 26 March 2012.

An addendum to this form will be available for the period 1 January 2012 to 25 March 2012.

Instructions

• PAM3: Div1.2/reg1.03 - Assurance of support
• PAM3: Div1.4 - Form 40 sponsors & sponsorship
• PAM3: Sch2Visa300 - Prospective Marriage
• PAM3: Sch2Visa309 - Partner (Provisional)
• PAM3: Sch2Visa100 - Partner
• PAM3: Sch2Visa820 - Partner
• PAM3: Sch2Visa801 - Partner

The above PAM3 instructions have been amended. The new versions will be available on LEGEND from 1 January 2012.

Source:http://www.immi.gov.au/legislation/amendments/2012/120101/lc01012012-01.htm

Europeans chase ACT jobs

HIGHLY skilled professionals from financially-devastated eurozone countries are lining up to move to Canberra. Engineers, doctors and nurses have sent between 30 and 40 resumes to the ACT commerce chamber in the past few weeks alone. The rush began about three months ago and reached a peak just before Christmas, ACT and Region Chamber of Commerce chief executive Chris Peters said. ''The ACT has a skills shortage and this is a window of opportunity for businesses to bring skilled migrants to Australia now because when Europe starts to pick up they will stop coming,'' Mr Peters said. ''Europe is not going to stay as economically challenged as it is right now forever, this a short window of opportunity.'' Mr Peters said interest was coming from Greece, Italy, Spain, Portugal and Ireland. ''There has been a surge in people making inquiries and we have been receiving letters and emails at the chamber with CV's attached,'' he said. ''These are highly-skilled professionals. ''I am not sure they have decided on Canberra, they may have tried a few places.'' Mr Peters said that he was sending resumes, with permission, to Canberra businesses and recruitment agencies. Canberra regional director of Hays recruitment firm Adam Shapley said he expected interest to increase after the new year period. ''Australia is well placed to ride out any impact on the global economy caused by European sovereign debt issues and in a global context our unemployment rate is low,'' Mr Shapley said ''As a result, in 2012 we expect to see increased interest from overseas candidates particularly from those in the eurozone towards relocating to Australia to take advantage of our jobs market.'' Mr Peters said Canberra may have an advantage over cities such as Sydney and Melbourne. ''Canberra is considered a regional area for certain classes of visa in the skilled area and the ACT Government has been active in supporting that,'' Mr Peters said. ''If you apply to NSW you will be put on a long waiting list, but the ACT will help people with their visa requirements.'' ACT Minister for economic development Andrew Barr said the territory had a State Migration Plan, that allowed it to identify, target and sponsor skills needed within the ACT for a wide range of occupations. The plan was introduced in November 2010 and it led to more than 500 visas being granted in the first 12 months of operation. Source:http://www.canberratimes.com.au/news/local/news/general/europeans-chase-act-jobs/2412840.aspx

Potential migrants face strict changes to Australian visas

Experts are urging people to apply now for a permanent Australian visa in advance of a rule change that will make the process even more complicated. The changes, which will take effect from 1 July this year will introduce the Skilled Migrant Selection Register (SkillSelect) which is a new Australian visa programme. This will replace the existing skilled migration programme and will reform the way Australia selects skilled migrants for visa processing. Applicants will now be ranked in order of points, occupations required at that point in time and date of registering their interest in applying. Edwina Shanahan, Manager at www.visafirst.com has already noticed an increase in applications so far this year. She said: “The idea is to select the “best and brightest” but in reality, it will enable DIAC to pick and choose what people they want to let in to the country on a permanent basis”. According to visa experts, the new changes will mean that even if people meet the specific criteria there will be no guarantee that you will be invited by DIAC to apply for a visa . SkillSelect will give the Australian Government more control over who they let into the country, but will also create significant uncertainty for intending skilled migrants. In particular, it will impact those interested in independent, family, state or territory sponsored and business skills migration. The process is based on an electronic two-stage process where intended migrants must initially submit an expression of interest (EOI) and only then will you be invited to apply for a skilled migration visa by DIAC. Edwina slammed the new selection process, adding,“This will create significant uncertainty for people interested in applying – they could spend a lot of money to meet the criteria (skills assessment, English language test) and may never be invited to apply for the actual visa. Then after 2 years of waiting in a pool of interested applicants for an invitation their details would be removed from the DIAC system”. She concluded by reminding people that anyone interested in applying for permanent residency that time is running out and they should seriously consider getting underway with their application, before the new changes are implemented. Edwina added, “This includes those that are on working holiday visas and those on sponsorship visas who may wish to remain on in Australia on a permanent basis”. Source:http://insideireland.ie/2012/01/09/potential-migrants-face-strict-changes-to-australian-visas-48749/

457 VISA PROCESS UNDER REVIEW: AMWU

Australia’s manufacturing industry has long relied on the labour of overseas hire; however the continued exploitation of foreign workers has become an increasing concern for the bodies that represent the workers.

In November last year, the Australian Manufacturing Workers' Union (AMWU) made a submission to the Department of Immigration and Citizenship (DIAC) calling for a overhaul the consultation process for employers who seek to hire overseas labour on 457 visas to reduce exploitation of workers engaging in manufacturing work.

The AMWU released a statement last month urging the DIAC to get 457-visa process right stating that the current system by which employers acquired 457 visa holders was flawed and failed to genuinely test labour conditions.

“The only mechanism available to unions to ensure an introduction of 457 visa holders will not adversely impact local labour conditions is through consultation with the employer,” AMWU National President Paul Bastian said in the statement

“As it currently stands there is little to no consultation. DIAC need to facilitate that process, with all consultation going through their office.”

Under the current process, all employers seeking access to a 457 labour agreement are required to consult with unions about their proposed introduction of overseas labour.

However, unions have found that their responses to those consultations have been either ignored or not followed up by the employer.

“If an employer doesn't pass on the AMWU response to DIAC, DIAC automatically assumes that the union has given tacit approval to the application. This process is open to exploitation by rogue employers and must be changed as soon as possible,” Bastian said in the same statement.

“The AMWU has very high standards and tests for labour agreements. These tests are designed to protect local labour wages, conditions and opportunity for local employment and to prevent the exploitation of foreign workers.

“Bringing the consultation through DIAC will ensure that the department considers the AMWU response when reviewing a labour agreement application.”

Bastian said that it was common for unions to intervene later on when employers were found to be underpaying or mistreating foreign workers.

He added that poorly tested 457 labour agreements can also drag down wages and conditions across the industry in Australia, no to mention adversely affect the lives of foreign workers.

“It is essential that we get the process right before employers are granted an open passage,’ he said.

DIAC is expected to announce its review into 457 visa system early this year.

The AMWU represents over 130 000 workers in the manufacturing industry including: food and confectionery; metal and engineering; printing and packaging; technical, supervisory and administrative areas; and vehicle building.

Source:http://www.myfen.com.au/news/457-visa-process-under-review--amwu

IT companies Infosys, TCS feel the pinch as US holds back L-1 visas

BANGALORE: For the first time in many years, the number of short-term US visas given to Indian professionals has declined, giving credence to complaints that America is making it difficult for software companies such as Infosys and Tata Consultancy Services to send employees to their biggest market.

Approvals for L-1 visas, on which Indian software companies rely to send their most skilled professionals on assignments to the United States, were 28% lower at 25,898 in 2011, data from an independent public policy think tank based in the US show. On the other hand, such visa approvals rose by 15% for applicants from the rest of the world, leading to concerns that India is singled out for attention.

"This shows an enormous gap in visas issued as well as approval/denial rates between posts in India and the rest of the world, raising policy questions as to whether this great disparity is the result of a conscious policy at US posts in India," the National Foundation for American Policy wrote in its report.

Among the advisory members of the foundation is Columbia University economist Jagdish N Bhagwati, an advocate of global free trade. Most people in the software industry believe there is a deliberate policy of discrimination against Indians but they are wary of voicing their opinion publicly for fear of antagonising the American government.

Som Mittal, the president of software industry lobby Nasscom, said even American companies such as IBM and Accenture have been affected because the high rejection rates prevent many of their Indiabased staff from travelling to the United States.

"For us, it adds to our uncertainty and costs," he observed.


40% of Work Permits Under L1

About 25,000-35,000 Indians travel to the US every year to work on assignments for software companies. Up to 40% of work permits are usually under the L1 category meant for professionals with specialised skills such as project management.

India's $70-billion IT services sector is facing increased scrutiny from US immigration officials and other federal authorities, especially after an American employee of Infosys accused the company of abusing short-term work permits issued under B1 visa category to do software code writing.

The US has also doubled visa fees under the H1 and L1 categories that most Indian companies use. The Indian government has been urging the US, which accounts for more than half of Indian IT exports, to ease up on visa rejections but it does not appear to be making much headway.

"The release of the L1 visa data makes it difficult for US government officials to argue that nothing different is going on in India," the foundation wrote. The US State Department has been denying that anything is amiss with L1 visa approvals in India because the country gets the lion's share of such work permits. However, the foundation termed that line of argument "questionable".

"The fact that India has a large and growing pool of skilled professionals tells us nothing about whether when employers apply for L1 visas, the individual cases of such professionals are decided properly." Already facing an uncertain economic environment, companies such as TCS, Infosys and Wipro are now being forced to adopt technologies such as telepresence to compensate for the presence of an expert at the customer's site.

For Indian technology companies competing for contracts in the US, every visa denial counts, and can mean loss of business. An executive at a mid-sized company cited the example of a million-dollar short-term project which it lost to a local competitor because it was not able to get its employee an L1 visa. The rival got the job done through an Indian expert based in the UK.

Eshan Joshi, a former head of employee compensation and immigration at Infosys, said the US needs to create a new category of visas for services to bring clarity and also meet special needs of the technology sector. The increasing complexity around work permits causes short-term hiccups for technology services vendors scrambling to back critical projects with their best talent, said Joshi, who is now an independent human resources consultant. "It makes executing projects very difficult, but not a fatal issue for business in the long term. Companies need to reduce dependence on such work permits."

Source:http://articles.economictimes.indiatimes.com/2012-01-03/news/30584568_1_visa-category-l-1-l1

IT firms strengthen visa, legal departments

BANGALORE: Indian IT companies are bolstering their immigration, visa, and legal departments to deal with the rising number of immigration issues in the West, the primary markets for these companies.

All the major tech firms today have in-house teams of 25 to 50 people. A few years ago these areas had just a few people and were part of either the HR department or were outsourced to travel agents and law firms.

TCS, Wipro and Infosys have teams of around 50 each. MphasiS has 25. The Indian operations of global firms like Accenture, HP and IBM also have large departments. Small and medium size IT providers too are hiring for the space.

The visa case that Infosys Technologies is fighting has made tech providers particularly vigilant. Wipro recently hired Inderpreet Sawhney as general counsel of the company. Sawhney previously was a partner in Santa Clara-based Chugh Firm. She is the head of Wipro's legal function and is responsible for helping the company run the business ethically and transparently.

"Most companies are asking for people to ramp up their visa, immigration and legal departments," says B S Murthy, CEO of executive search firm LeadershipCapital. Immigration rules, he says, are more stringent today. "America is going to elections. So Indian providers are doubly conscious about not messing up in their bread-and-butter market."

The number of immigration compliance violation charges is rising, as is visa rejections. About 50% of L1 visas are rejected now, compared to 30% a year ago. Some companies have gone out of the US Consulate's priority visa processing scheme, Business Express Programme, meant for those that file a minimum of 30 business visas.

Stella Nagesh, head of immigration at MphasiS, says LI visa rejections are mostly because "specialised talent" is wrongly defined by the Consulate or misunderstood by Indian companies. L1B visa is a type of intra-company transfer visa, which mandates 'specialised knowledge'. 'Specialised knowledge' is defined as any knowledge that specifically concerns the employer company's and/or the client company's procedures, methodologies, products, tools, technologies, framework, etc, that is uncommon, noteworthy and is not commonly available in the US IT industry.

"Business visas too are misunderstood and violated sometimes,'' says Nagesh. One of the criteria for business visa eligibility is that the employee must not be performing any activity that would be benefiting the US client. In general, efforts of the applicant during the US stay should not be billed to the client. If billed, it is a clear case for a training visa or a work permit (H1B or L1).

Immigration, visa and legal issues today are key to enterprises as they are directly related to business. "Travel delays directly impact business flow, kills customer satisfaction and has the potential to block repeat business," says the legal head at a leading tech firm.

It is critical to keep the travel channel clear and you can't expect HR or finance to know the basics of immigration. "Every company runs a visa and immigration drive internally. They are increasingly hiring law professionals to support contract drafting, contract vetting, compliance management, policy drafting, handling issues of sexual harassment etc. Some are even hiring fresh law grads,'' says Nirupama V G, MD of recruitment firm AdAstra.

Source:http://timesofindia.indiatimes.com/business/india-business/IT-firms-strengthen-visa-legal-departments/articleshow/11369013.cms

Pak-India visa agreement soon

New Delhi: India and Pakistan are likely to sign a landmark visa agreement here this month as soon as the relevant officials of the two countries finalise dates of mutual convenience.

According to Home Ministry sources, the officials have already finalised the draft of the agreement that would liberalise the visa regime between the two countries marred with traditional rivalries.

Pakistan’s Interior Minister Rehman Malik would lead the Pakistani delegation and would also sign the agreement on behalf of Islamabad. His Indian counterpart P. Chidambaram would sign the agreement on behalf of the government of India.

According to the sources, the visa agreement signing here would be followed by the exchange of Judicial Commissions. Therefore, the sources pointed out, the signing of the milestone agreement would depend on the success of the visit of the Commission from India to Islamabad.

Pakistan and India resumed dialogue process in February last year that was stalled after the November 26, 2008 Mumbai attacks. At the end of December last year, talks on conventional and nuclear CBMs were held in Pakistan. Pakistani cabinet also give approval to allotting Most Favoured Nation (MFN) status to India.

But experts said that any agreement on multiple visa regime between the two countries would be a major breakthrough as far as history is concerned.

Earlier, in October last year, two-day meeting of Joint Working Group of Pakistan and India concluded in New Delhi on firming up of a draft of their bilateral visa agreement that will liberalise travel between the two countries.

The agreement seeks to ease travel for the nationals of the two nations who desire to visit the other country, said a joint press statement issued by the two sides after the second meeting of the Working Group.

The two sides finalised the draft text of the agreement, which would be submitted to the respective governments for obtaining necessary approvals to ratify it. The meeting was a follow-up on the deliberations held in the first meeting of the Joint Working Group in Islamabad from June 2-3 in 2011.

According to sources, the draft text provides for hassle-free visa procedure for the businessmen from either country. It also provides for more than three destinations for visit in each country to the travellers from India as well as Pakistan.

During the talks between the foreign ministers of the two countries in June last year, the two sides had prioritised building strong people-to-people contacts as a key part of their relationship and decided to accelerate their negotiations for concluding a visa agreement.

Source:http://www.onlinenews.com.pk/details.php?id=187582

Australian teenager jailed for killing Indian student

The 17-year-old, whose identity was suppressed by the court because he is a minor, pleaded guilty in April to the murder and attempted armed robbery of 21-year-old Nitin Garg. Garg was killed last year while walking through a park in Melbourne, Australia's second largest city.

The killing came amid a string of attacks in late 2009 and early 2010 against Indian students in Melbourne. The violence received widespread publicity in India, with some news outlets there claiming the attacks were racially motivated.

At the time, Australian police said race was a factor in some of the assaults, but many were ordinary crimes. Police said the attempted robbery of Garg's mobile phone - rather than race - was the motivation behind Garg's killing.

Victoria state Supreme Court Justice Paul Coghlan sentenced the teen to 13 years in jail, with a non-parole period of eight years. He could have received up to life in prison.

"In circumstances such as these there are just no winners," Coghlan said. "Although this was a very serious crime, it was committed spontaneously. It should be noted, however, that you chose to arm yourself and did a great deal to avoid apprehension for your crime."

The teen showed no visible reaction when his sentence was announced. But as he was escorted from the courtroom by guards, he appeared to be fighting back tears.

Source:http://www.telegraph.co.uk/news/worldnews/australiaandthepacific/australia/8972039/Australian-teenager-jailed-for-killing-Indian-student.html

Preventing Land frauds in Sri Lanka - Caveat

Land fraud is a topic generating much discussion in the local scene. Owners, especially those who have been living abroad for long periods of time upon their return home, find to their utter dismay properties held by them for decades fraudulently sold to third parties!

One may ask, how can this be possible? It is possible through the involvement of unscrupulous people who have access to the owner’s land records, either at the Land Registry or at the local government office (i.e. Pradeshiya Sabha). Unless there is a secure registration and document preservation system in place, where only authorized persons have access to official records, land fraud is bound to take place.

It should also be the duty of all Notaries to check the back ground of a seller seeking full disclosure, before taking upon an assignment to execute and notarize a transaction.

Till measures to protect land title are put in place by the Authorities, owners need to take steps to safeguard their ownership of properties. Following are some steps that may help in this process -

1. If you are an owner living abroad and your house remains closed and land unattended, periodically have your lawyer check the registration status of your land at the relevant Land Registry. Has someone already fraudulently acquired the land? The registration details will reveal this. If so, immediately have it reported to the police and to the relevant Land Registrar.

2. A method that could alert you of any unauthorized transaction relating to your property is to register a Caveat on your land. A Caveat is a notice registered at the relevant Land Registry which has a record of your land. As long as the Caveat is in place, the Land Registrar is duty bound to inform the person who registers the Caveat when he receives any document for registration referring to the said land. This can be a sale, mortgage, lease, etc.

But unfortunately, a Caveat cannot prevent the registration of a document relating to your land if it appears to be genuine. In the event a fraudster impersonates your signature in a sales transaction and the Registrar accepts it for registration, since you failed to object as the actual owner in spite of the notice served on you or your registered representative based on the Caveat, then the only remedy left would be to file action to invalidate the fraudulent land transaction through the courts of law.

3. It is in the interest of owners to periodically check their unoccupied land and keep it in a properly maintained condition. Neglected land, especially of owners living abroad, tend to be the target of fraudsters.

Source:http://ajithaa2.wordpress.com/tag/sri-lanka/

Land Titling (LT) in Sri Lanka

What is Land Titling (LT) ?

Land Titling is :

Identifying and register lands and its owner/owners which includes,
Demarcating and Surveying of land parcel boundaries and preparing a plan

Determine legitimate owner

Registering the title in Land Registry
Issuing title certificate to replace a Deed


In Sri Lanka land can be acquired by means of,

Purchase
Gift
Continuous occupation and qualified for prescription right
Government grant


How does this new system of Land Titling work?

We establish our ownership to land by getting a Deed written by a Notary Public. The Deed system was in operation in last 200 years but it has number of problems.

Boundaries not clear
Usually not properly surveyed and plan not available
Extent not accurate
Leads to land disputes and costly court cases


If our country is to develop fast and raise our income and living standard, then we should adopt a modern system of Land Titling as introduced by Land Titling and Related Services Project ? 2000. The new Titling system would have following advantages,

It is simple and convenient

It cost much less than Deed system
It can facilitate land transaction speedily and less costly
It would help to increase the value of land
It would ease getting bank credit and finance for development

How does this new system of Land Titling work?


* It operated under the provisions of Registration of Title Act of 1998 passed by Parliament of the Democratic Socialist Republic of Sri Lanka
* The Minister of Land is empowered to declare an area to implement Land Title Programme.
* People in the declared area (a village or two) is made aware through awareness programme, the preceding of the Land Titling.
* The scheduled area is then surveyed by a Government surveyor, lot by lot, while tracing and investigating the owners of such land by examining record at the Land Registry and verification. (Cadastral maps)
* People are invited to submit claims of ownership to all lands identified, surveyed and plans drawn. Names of owners and their land lots are published in the gazette and people are given 30 days to establish their claims.
* Then schedules made and checked by an Assistant Commissioner of Land Settlement and submitted to Commissioner of Land Settlement for final approval of all such percales of land.
* Once the commissioner of Land Settlement approves, the Title Settlement, it is sent for Registration at Land Registry to register the ownership.
* The Land Registry effects registration of the title, cancel the old Deed and issue a new Title Certificate.
* Title certificate contain all relevant information: name of the land owner, his ID number, lot number, cadastral map number, extent and location.
* The certificate is guaranteed by the Government.


When the Titling process is on in an area and if the owner of the land has gone overseas, how can his/her rights secured?

By giving power of attorney to a person to represent the owner, at the titling process. The absentee owners, right can be fully secured with out difficulty. This can be effected by mail. (sending a letter from the overseas destination)

Can a Land Owner transact land related business after investigation but before registering the title?
There is no bar for this but it is best that such transactions are brought to the attention of the project implementation office in the area.

At what stage of Titling does a existing Deed get cancelled?

When a Title Certificate (TC) is issued to a land holder, the original Deed is replaced and there for it is cancelled. There is no need for it, as a Title Certificate can facilitate any land based transaction and is fully recognized by law. A holder can keep the old Deed as a memorabilia.


If you need to sell a land parcel after issue of the Title Certificate what must be done?

Selling of land after issues of Titling Certificate can be done easily. You need to fill in a form and all notary publics are aware of this form. It also appears in our Web Site. After fill in this form with the assistance of a Notary Public, sale can be affected easily at minimum of cost and delay.

If you need advice regarding the use of Title Certificate who should you contact :

All necessary instructions and advice are printed on the folder of the Title Certificate. Please read them.
You can also get your problem sorted out by contacting Title Project Office in your area, Land Registry or a Notary Public.

Sri Lanka Online visa draws thousands

An estimated 15,000 online visa applications have already been received from intended foreign visitors, as the system came into effect from midnight yesterday, Immigration and Emigration Controller Chulananda Perera said.

He said a top-level immigration team led by him would be at the Bandaranaike International Airport (BIA) from 10 a.m. today to personally monitor the new visa process. “However those who have not applied for the online visa will not be turned back. We have set up two special counters to deal with such persons and they would be provided landing visas. We need to be fair. They may be visitors who may not be aware of the new system while there will be those who may be on transit,” he said.

Mr. Perera also said airlines had been instructed to board passengers irrespective of their individual visa status. “Online visa or otherwise each and every one will have to pay the same fee”, he said.

Visitors from South Asia would be charged US$ 10 while those from other countries will have to pay US$ 50. Visitors from Singapore and the Maldives would be provided visas on arrival free of charge since these two countries provide the same facility to Sri Lankans. “Other countries which reciprocate accordingly will be also provided with this same facility,” Mr. Perera said.

Sri Lanka Electronic Travel Authorization (ETA) - FAQ

What types of ETA are available?
An ETA is issued only for Short Visits to Sri Lanka for Business, Tourism and Transit purposes.

What is the ETA website?
Please refer to  
http://www.eta.gov.lk/slvisa/visainfo/center.jsp?locale=en_US

How should I submit an application?
Please go to the Home Page and click on How to submit an ETA application.

Do I need a ticket before I apply for an ETA?
ETA can be obtained even before booking your ticket.

How do I know if my ETA is still valid for travel to Sri Lanka?
If you have applied for an ETA, you can inquire through this site to find out its current status. You will need to enter your Reference Number in order to make this inquiry. You can also contact our 24/7 dedicated ETA call centre on 0094 71 99 67 888.

How does the airline know that I have a valid visa to travel to Sri Lanka?
ETA is not a per-condition to board a flight/vessel to Sri Lanka.

What can I do if I am unable to apply through this site?
If you do not possess electronic payment cards (credit cards/e-commerce enabled debit cards) that can be used to pay the ETA processing fee through this site, you may choose one of the alternative options. Follow this link for further details.

Is my personal information safe?
This site operates under the principles outlined in the Privacy Statement. Only the data required to process your application will be collected. It will be used only for this purpose. Data in your ETA application will be stored on our secured servers. Please see the Privacy Statement for more information. Privacy statement.

How secure are payments through electronic payment cards (credit card/e-commerce enabled debit cards) on this site?
The payment gateway has been designed in accordance with the international standards.

Which electronic payment cards (credit card/e-commerce enabled debit cards) are accepted?
American Express, Master and Visa cards only.

What happens if I already possess a valid visa?
If you already possess a valid Residence Visa or Multiple Entry Visa, a fresh ETA application cannot be lodged until that visa expires or is cancelled.
If I already possess a valid ETA, can I apply for a fresh ETA again?
ETA is valid for three months and a fresh ETA cannot be obtained using the same passport until that ETA expires. If you lose the passport which contains the valid ETA you may apply for a fresh ETA by paying the relevant fee again.


Can I apply for a fresh ETA while being in Sri Lanka?
You cannot obtain a fresh ETA while being in Sri Lanka irrespective of whether your ETA is valid or expired.


What happens if my application is not approved?
If your ETA application is not approved it will be referred to the nearest Sri Lanka Overseas Mission. which you may contact for further assistance.

If my application for ETA was unsuccessful can I get my processing fee back?
It is non-refundable.

What can I do if I make a mistake in my application?
Once an application is submitted processed and payment is made, you cannot cancel the transaction and the payment cannot be reimbursed. Therefore, please ensure that you enter your personal details correctly. If you have made an error, it is important that you correct it before confirmation. Once you have confirmed the details, your electronic payment card (credit card/e-commerce enabled debit card) will be debited for the non-refundable service charge. If you find out later that you have made a mistake, then you will have to submit a fresh application and pay the relevant fee again.

Sri Lanka Electronic Travel Authorization (ETA)

What is an ETA?

ETA is an official authorization for a Short Visit to Sri Lanka and is issued electronically. The ETA is introduced with the intention of providing an efficient, reliable and simplified service to those who visit Sri Lanka. ETA holders will be issued a 30 day Short Visit visa at the port of entry in Sri Lanka. The ETA will be effective from 1st of January 2012.

http://www.eta.gov.lk/slvisa/visainfo/center.jsp

The ETA is issued through an on-line system. No passport copies, documents or photographs are required. There is no requirement to endorse the ETA on the passport

On the basis of reciprocity, citizens of The Republic of Singapore and The Republic of Maldives are exempt from the requirement of obtaining ETA to visit Sri Lanka

The ETA is initially limited to 30 days validity from the date of arrival although it may be extended for up to six (06) months.