Presentation for the American Australian Association\'s Global amd Mobile event held at the Australian Consulate New York on May 17 2011

1. Tim Denney General Manager Stirling Henry Global Migration Discussion & Reception: Global & Mobile – Options for Australians & Americans in Both Countries, May 17, 2011

2. Stirling Henry Global Migration Established in 1991 Stirling Henry specialises in corporate and skilled migration across all sectors of the Australian market With a presence in Perth, Sydney, Melbourne and Los Angeles, Stirling Henry is able to provide personalised service wherever our clients are located www.stirlinghenry.comfor detailed information Discussion & Reception: Global & Mobile – Options for Australians & Americans in Both Countries, May 17, 2011

3. Topics Temporary Options in Australia Australian Residence Options Citizenship - advantages and disadvantages in obtaining dual or single citizenship (Australian focus) Recent Australian Visa Changes Discussion & Reception: Global & Mobile – Options for Australians & Americans in Both Countries, May 17, 2011

4. Temporary Options in Australia

5. ETA (Electronic Travel Authority) Business Visitor or Tourist Visitor Eligible nationalities include United States of America, Canada Apply on-line or through a Travel Agent Period of stay up to 3 months Fee A$20 Discussion & Reception: Global & Mobile – Options for Australians & Americans in Both Countries, May 17, 2011

6. eVisitor Business Visitor or Tourist Visitor Generally for Western Europeans Apply on-line or through a Travel Agent Period of stay up to 3 months No fee Discussion & Reception: Global & Mobile – Options for Australians & Americans in Both Countries, May 17, 2011

7. 456 Visa Business Visitor Generally for individuals not eligible for an ETA or eVisitor Apply in paper at relevant Australian mission Processing time 1-2 weeks Fee A$105 Discussion & Reception: Global & Mobile – Options for Australians & Americans in Both Countries, May 17, 2011

8. Conditions of Business ETA, eVisitor & 456 Visa Visas are intended for those travelling to Australia for business meetings, conferences and very limited work of a very urgent nature Granted subject to condition 8112 Condition 8112 states that: 'The holder must not engage in work in Australia that might otherwise be carried out by an Australian citizen or an Australian permanent resident' Discussion & Reception: Global & Mobile – Options for Australians & Americans in Both Countries, May 17, 2011

9. What is ‘Work’ in Australia? Work is defined in the Migration Regulations as: “Work means an activity that, in Australia, normally attracts remuneration” Hence it makes no difference if an individual will not be paid or will be paid in the future. What is important is the activity the individual is engaged in. If the activity normally receives remuneration then the activity is considered ‘work’ Discussion & Reception: Global & Mobile – Options for Australians & Americans in Both Countries, May 17, 2011

10. Condition 8112 imposed on all Business Visitor Visas The Department’s Policy Advice Manual (PAM) further outlines what condition 8112 permits. 8112 only permits employment in a skilled role that cannot be filled by an Australian for a maximum of 6 weeks Employment may also occur in an emergency situation When work is involved individuals should apply for the appropriate employment visa (usually 457 visa – hence the 457 visa may be valid from 1 day to 4 years) Discussion & Reception: Global & Mobile – Options for Australians & Americans in Both Countries, May 17, 2011

11. APEC Business Card Through a single application form, the scheme allows accredited business people to obtain an APEC Business Travel Card for multiple short-term visits to other APEC economies over a three year period

12. APEC Business Card Participating Countries: - Australia - Mexico - Brunei - New Zealand - China - Peru - Chile - Philippines - Hong Kong - PNG - Indonesia - Singapore - Japan - Taiwan - Korea - Thailand - Malaysia - Vietnam Discussion & Reception: Global & Mobile – Options for Australians & Americans in Both Countries, May 17, 2011

13. Temporary Residents in Australia (Work Visas) Temporary Business Visas, Subclass 457 Entertainment Visas/Sports Visas US Work & Holiday Visa Occupational Trainee Visas Exchange Visas Visiting Academic Discussion & Reception: Global & Mobile – Options for Australians & Americans in Both Countries, May 17, 2011

14. 457 Visas Discussion & Reception: Global & Mobile – Options for Australians & Americans in Both Countries, May 17, 2011

15. US Work & Holiday Visa Discussion & Reception: Global & Mobile – Options for Australians & Americans in Both Countries, May 17, 2011

16. Residency Options Employer Nomination Scheme General Skilled Migration Business Skills Distinguished Talent Family Stream Discussion & Reception: Global & Mobile – Options for Australians & Americans in Both Countries, May 17, 2011

17. Employer Nomination Scheme Discussion & Reception: Global & Mobile – Options for Australians & Americans in Both Countries, May 17, 2011

18. General Skilled Migration Independent Migration State Sponsored Migration May include a points test May include provisional visa stage – 3 years Involves a skill assessment in approved occupation Complex New regime commencing July 1, 2011 Discussion & Reception: Global & Mobile – Options for Australians & Americans in Both Countries, May 17, 2011

19. Business Skills Discussion & Reception: Global & Mobile – Options for Australians & Americans in Both Countries, May 17, 2011

20. Distinguished Talent This visa is designed for people who are internationally recognised for exceptional and outstanding achievement in: a profession the arts Sport research or academia Must still be active in the field of expertise and will need an eligible person or organisation to nominate the visa. Discussion & Reception: Global & Mobile – Options for Australians & Americans in Both Countries, May 17, 2011

21. Family Stream Discussion & Reception: Global & Mobile – Options for Australians & Americans in Both Countries, May 17, 2011

22. Australian Citizenship In order to apply for Australian citizenship you must have been immediately residing in Australia for 4 years, including a minimum of 12 months as a permanent resident. Also available citizenship by decent. Discussion & Reception: Global & Mobile – Options for Australians & Americans in Both Countries, May 17, 2011

23. Advantages of Australian CitizenshipAustralian Viewpoint On an Australian perspective there are only positives to acquiring citizenship including: Eligible to apply for an Australian passport Eligible to vote in Australian elections Eligible to apply for all government jobs Citizenship for children Unable to lose citizenship status unless renounced Dual citizenship Discussion & Reception: Global & Mobile – Options for Australians & Americans in Both Countries, May 17, 2011

24. Advantages of Australian CitizenshipAustralian Viewpoint Many benefits also become available on obtaining permanent residence including: Medicare (Australian national health scheme) benefits permitted on lodgement Children eligible for subsidised education on approval Social security benefits after a qualifying period Freedom of employment Freedom to buy and sell property without restriction Discussion & Reception: Global & Mobile – Options for Australians & Americans in Both Countries, May 17, 2011

25. Disadvantages of Australian CitizenshipAustralian Viewpoint Loss of Tax Benefit Living Away from Home Allowance (tax free allowance for eligible temporary visa holders) ceases the day you apply for Australian residence Accordingly, from an Australian viewpoint, there is no disadvantage in obtaining Australian citizenship as the tax benefit has already ceased on applying for permanent residence Discussion & Reception: Global & Mobile – Options for Australians & Americans in Both Countries, May 17, 2011

27. Introduction of a new Short Stay Activity Visa in 2012

28. 1 July 2011 new General Skilled Migration regime commences

29. Announcement of an invitation to apply be required for GSM applicants in 2012 (details to follow)

30. Big project 457 concessions in 2012 (details to follow)Discussion & Reception: Global & Mobile – Options for Australians & Americans in Both Countries, May 17, 2011

31. Contact Details Legal Information Copyright Stirling Henry Global Migration Migration Agent Registration Number: 9684856 www.mara.gov.au Discussion & Reception: Global & Mobile – Options for Australians & Americans in Both Countries, May 17, 2011 Tim Denney Stirling Henry Global Migration tim.denney@stirlinghenry.com www.stirlinghenry.com