Immigration weekly update: August 13, 2018


Australia: Skilling Australians Fund commences

The Skilling Australians Fund (SAF) commenced on August 12, 2018.

Applicable fees

For the subclass 482 Temporary Visa the nomination training contribution charge will be calculated as follows:

The starting amount for organizations with less than AUS$ 10 million annual turnover is AUS$ 1,200 and AUS$ 1,800 for organizations with more than AUS$ 10 million annual turnover. These amounts will increase depending on the visa validity.

Visa period< AUS$ 10 million turnover> AUS$ 10 million turnover
One yearAUS$ 1,200AUS$ 1,800
Two yearsAUS$ 2,400AUS$ 3,600
Three yearsAUS$ 3,600AUS$ 5,400
Four yearsAUS$ 4,800AUS$ 7,200

 For the Subclass 186 and Subclass 187 – Permanent Residence Visa, the fees will be as follows:

  • If the annual turnover of the nominating organization is less than AUS$ 10 million: AUS$ 3,000.
  • If the annual turnover of the nominating organization is more than AUS$ 10 million: AUS$ 5,000.
  • The charge for nomination of the occupation of Minister of Religion made under the Labour Agreement stream is nil.

Key considerations

The implementation of the Skilling Australians Fund will have a significant impact on the submission of Subclass 482 and 186/187 visas due to the rush of applications before August 12. The Border Force website is likely to struggle to cope with the volumes.

Refunds of the nomination training contribution charge are available in certain circumstances. The related nomination fee can also be refunded in those circumstances. The request for refunds must be made in writing.

The employer must pay the SAF and costs cannot be recovered or transferred to another person. 

This summary was prepared using information from the Migration Charges Regulations 2018 and Explanatory Statement from the Minister for Citizenship and Multicultural Affairs.

 Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Debbie Beynon, Regional Immigration Manager, APAC.


China: abolition of work permit requirements

The State Council will cancel 11 approval items to further simplify immigration administration. These include work permits for residents from Hong Kong, special administrative regions in Macau and Taiwan in the Chinese mainland. This change will have an impact on employers hiring nationals as well as individuals from these countries – and will make it easier for them to work in China. 

Each city’s Foreign Expert Bureau will communicate when work permits will no longer be required. Beijing and Guangzhou have already stopped the processing of work permits for these nationals. Shanghai is expected to take effect soon.

Key considerations

Until all cities have confirmed the abolition of work permit requirements, the Foreign Expert Bureaus will accept applications as normal.

This summary was prepared using information from The State Council, People’s Republic of China. 

Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Pamela Williams, China Immigration Manager or Debbie Beynon, Regional Immigration Manager, APAC.


China: employment contracts and dispatch letters require 13 months’ validity

The majority of China’s customs ports require expats to have a work or residence permit with a validity of at least 365 days. This requirement ensures incoming shipments are cleared without any additional taxes levied.

The Foreign Expert Bureau will no longer accept explanation letters. Instead, they will issue work permits based on the duration of the labor contract or dispatch letter.

Expats on a 12-month assignment may encounter issues clearing their shipments. This is due to the after-entry process for a work permit under the Foreign Expert Bureau – resulting in a work permit that is valid for under 365 days.

Key considerations

To avoid clearance issues, Crown advises that labor contracts or dispatch letters have a validity of at least 13 months. This means work permits will be valid for more than 365 days.

This summary was prepared using information obtained from the Foreign Expert Bureau (verbally).

 Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Pamela Williams, China Immigration Manager or Debbie Beynon, Regional Immigration Manager, APAC.

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