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John Kim

John Kim

Partner

John graduated from the University of Auckland and was admitted as a lawyer in NSW in 2005. John has more than 10 years of experience in immigration law in Australia and New Zealand. Prior to joining H & H Lawyers, John worked at Fragomen, an international immigration law firm providing migration advice and assistance for multinational corporations, government agencies and individuals. He specialises in providing immigration services across a broad range of industries and sectors, including telecommunications and information technology, engineering, resources, entertainment, financial services, retail and professional services. He is also the current legal advisor to the Korea Trade-Investment Promotion Agency in Sydney and Melbourne. John speaks fluent English and Korean.

Expertise

Qualifications

  • Lawyer, Supreme Court of NSW

  • Lawyer, High Court of New Zealand

  • Migration Agent (MARN 0849269)

Insights

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Legal News

Supporting Australia's COVID recovery through Skilled Migration

The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alex Hawke MP has today announced the inclusion of a range of skilled occupations on the Priority Migration Skilled Occupation List (PMSOL). The PMSOL, first announced in September 2020, is developed in conjunction with the National Skills Commission to ensure a small number of critical occupations are filled to continue to create Australian jobs and aid in Australia's ongoing recovery from the impact of COVID-19. The addition of 22 occupations brings the PMSOL to 41 in total. Minister Hawke said the Government engaged with small, medium and large Australian employers, business leaders, and industry bodies across the economy to determine these changes. “Government has received valuable feedback from Australian business stakeholders on critical skill vacancies, which has been considered together with data from the National Skills Commission, in order to develop today's update to the Priority Migration Skilled Migration List," Minister Hawke said. “The Morrison Government will continue to support Australian businesses, including through skilled migration, as the engine room of our nation's economy." The 22 new occupations are (including ANZSCO codes): Accountant (General) (221111) Accountant (Taxation) (221113) Accountant (Management) (221112) External Auditor (221213) Internal Auditor (221214) Electrical Engineer (233311) Civil Engineer (233211) Structural Engineer (233214) Geotechnical Engineer (233212) Transport Engineer (233215) Mining Engineer (233611) Petroleum Engineer (233612) Surveyor (232212) Cartographer (232213) Other Spatial Scientist (232214) Medical Laboratory Scientist (234611) Orthotist / Prosthetist (251912) Multimedia Specialist (261211) Analyst Programmer (261311) Software and Applications Programmers (261399) ICT Security Specialist (262112) Chef (351311) Visa holders, who have been sponsored by an Australia business in a PMSOL occupation will be subject to quarantine arrangements at their own expense.Existing skilled migration occupation lists will remain active and visas will still be processed, but priority will be given to those in occupations on the PMSOL.

23 Jun 2021


Legal News

Federal Budget - Immigration related policies 2021 - 2022

This information is based on the Budget papers published at budget.gov.au 1. Migration program numbers (new announcement) The Government will maintain the 2021-22 Migration Program planning level at 160,000. Family and Skilled stream places will be maintained at their 2020-21 planning levels, with a continued focus on onshore visa applicants, including reducing the onshore Partner visa pipeline. Skilled visas - around 50% of the program dedicated to skilled visas and giving priority to highly skilled migrants in the employer sponsored, Business Innovation and Investor Program and Global Talent visa cohorts. Family visas - the number of places available will be set at 77,300 places for 2021-22. Given the proportional allocation of places to the BIIP, Global Talent and Family visas, an overall decrease in other skilled migration visa places is evident. Humanitarian Program will be maintained at 13,750 places in 2021-22. The size of the program will remain as a ceiling rather than a target. As previously noted Net Overseas Migration (NOM) is expected to fall from around 154,000 persons in 2019-20 to be around -72,000 persons by the end of 2020-21, before gradually increasing to around 201,000 persons in 2023-24. 2. Sponsored Temporary Parent visas - extension of validity period The validity period for Sponsored Parent (Temporary) visas will be extended by 18 months for individuals who are unable to use their visas due to COVID-19 travel restrictions. 3. Global talent visas Over the next four years $550 million will be committed to attract talent and business from overseas. The ATO will provide fast track tax advice to foreign investors and individual tax residency rules will be simplified. Streamlining of visas will occur to target highly skilled individuals when circumstances allow, no further details of this streamlining were announced. This announcement most likely refers to the Global Talent visa services provided by the Global Talent Taskforce. 4. Temporary visa holders The Government has removed the requirement for applicants for the Subclass 408 Temporary Activity visa to demonstrate their attempts to depart Australia if they intend to undertake agricultural work. The period in which a temporary visa holder can apply for the Temporary Activity visa has also been extended from 28 days prior to visa expiry to 90 days prior to visa expiry. 5. Student visa holders The Government will provide further support to employers in the tourism and hospitality sectors to help them find workers, by temporarily allowing student visa holders to work more than 40 hours per fortnight, as long as they are employed in the tourism or hospitality sectors. 6. Pacific labour mobility Pacific workers already in Australia under the Seasonal Worker Programme and Pacific Labour Scheme had their visas extended for 12 months in April 2020 to enable continued availability of workers in regional Australia during the COVID-19 pandemic. These arrangements are confirmed to continue until April 2022. 7. Supporting migrant and refugee women Funding is being provided to improve migrant and refugee women’s safety and increase capacity for early intervention, grass-roots and social and economic inclusion support. A pilot program to support temporary visa holders experiencing family violence to explore visa options that are not reliant on their partner. 8. The Temporary Visa Holders Payment Pilot will be provided with $10.3 million from 30 June 2022 to 2023 to be administered by the Australian Red Cross. This pilot provides up to $3,000 to eligible temporary visa holders to help them cover expenses such as food, accommodation, utilities and other essentials and medical care. Extended funding will also be provided to nine Community and Women’s Legal Centres across Australia to continue to help women in this challenging situation to access legal assistance and migration support. 9. Immigration Detention - Christmas Island The Government will provide $464.7 million over two years from 2020-21 to increase the capacity of the onshore Immigration Detention Network and to extend use of the North West Point Immigration Detention Centre on Christmas Island. This measure addresses ongoing capacity pressures resulting from the COVID-19 pandemic on Australia's ability to remove unlawful non-citizens from this country. 10. Adult Migrant English Program - new delivery model As previously announced the Government will introduce a new delivery model for the Adult Migrant English Program from 1 July 2023 to improve English language, employment and social cohesion outcomes for migrants by linking provider payments to student outcomes. The cap of 510 hours will be removed and migrants will be able to study until they have reached the level of 'vocational' English. 11. Other • There was no annoucement on visa application charges. • No announcements were made related to international students in the Budget.

17 Jun 2021


Workplace & Employment

Modern Slavery Reporting Requirements

In Australia, the Modern Slavery Act 2018 commenced operation on 1 January 2019, creating reporting obligations for certain entities. The term modern slavery is used to describe situations where coercion, threats or deception are used to exploit victims and undermine or deprive them of their freedom. It describes serious exploitation and not substandard working conditions or the underpayment of workers. The Australian government, in support of UN Guiding Principles, aims to combat modern slavery in the Australian community and in the global supply chains of Australian goods and services. Who needs to report? Entities that have: Consolidated revenue of at least $100 million for the relevant reporting period (a financial year), and which Are Australian identities, or Undertake business in Australia in that financial year What do I need to report? The mandatory criterion are: The reporting entity’s structure, operations and supply chains; Modern slavery risks in the reporting entity’s operations and supply chains (including those of subsidiary entities); Actions taken (including by subsidiary entities) to assess and address those modern slavery risks, including due diligence and remediation processes; How the reporting entity assesses the effectiveness of actions taken; and The process of consultation with subsidiary entities in preparing the modern slavery statement. When do I need to report by? Affected entities must report in respect of the first full reporting period following commencement and must report within 6 months of that period ending. For example, the reporting period for entities with a 30 June year end will be 1 July 2021 to 30 June 2022, with reporting due by 31 December 2022. Further information Further information and links to the online registers can be found here: https://www.homeaffairs.gov.au/criminal-justice/Pages/modern-slavery.aspx Please contact H & H Lawyers for further legal advice for submitting a modern slavery report. [Disclaimer] The contents posted are general legal information, not legal advice, and the author and publisher have no legal responsibility for the contents. Each post is based on the law that was in force at the time of writing. Please consult a lawyer directly for accurate legal advice.

30 Mar 2021


Immigration

Subclass 408 Temporary Activity Visa

The Australian Government has announced the new temporary activity visa under subclass 408 in a bid to support public health professionals in the face of the COVID-19 situations. ​Now officially created under the Temporary Activity visa stream, the new subclass 408 Australian Government Endorsed Event (AGEE) visa (hereinafter “COVID-19 Pandemic Visa”) has been implemented as an interim measure for the purpose of responding to the unprecedented circumstances which Australia is facing now, caused by the pandemic of COVID-19. As such, given its temporary nature, this visa will be frequently reviewed, revised and ultimately be abolished once the pandemic is controlled. ​Eligibility To be eligible for this visa, you must meet the following criteria: currently residing in Australia unable to depart Australia due to COVID-19 border shutdowns current visa is to expire within 28 days or last temporary visa expired less than 28 days ago no other visas available in the given circumstances employed in a critical industry sector and your employer is able to provide evidence that it is difficult to replace your role with another permanent resident or citizen. ​Critical sectors If you are currentlyholding a working holiday visa; working in industries such as agriculture, food production, processing and distribution, and aged, child and disability care; and unable to return to your home country or ineligible for other visas, then, you are eligible to apply for the COVID-19 Pandemic visa. A Seasonal Worker Programme visa holder whose visa is set to expire within the next 28 days is also eligible to apply for the COVID-19 Pandemic visa. Similarly, so long as the visa holder is employed in the above critical sectors, anyone whose visa is temporary, has no other option to extend and cannot return to their home countries can apply for the COVID-19 Pandemic visa. In this case, you will be required to provide evidence of your employment together with the application form. ​Last Resort Even if you are a temporary visa holder staying in Australia but not working in the critical sectors, you may be eligible to apply for the COVID-19 Pandemic visa on the basis that you are unable to return to your home country. Once the visa is granted, you will be lawfully allowed to stay in Australia until you can return to your home country safely. If you are currently on a bridging visa and your original visa application has been rejected, then you will not be eligible for this visa. For more information, please follow this link.

01 May 2020


Press

Sponsored Parent (Temporary) visa (Subclass 870) - SBS

I assume that for many of you living in Australia, the thought of reuniting with family members back at home is more than fleeting. A new pathway has recently been introduced to allow Australian citizens and permanent residents to reunite with their parents living overseas. The Sponsored Parent (Temporary) visa, which does not lead to permanent residency, will allow eligible parents to visit their children for up to 10 years. Applications for sponsorship have since commenced from April while visa applications will begin 1st of July. To answer our queries about the Sponsored Parent Visa 870 and its eligibility requirements, we are joined here today with John Kim, Partner and Immigration specialist at H & H Lawyers in Sydney. [Advice content] Would you begin by telling us the main features of the Sponsored Parent Visa which opened applications from the 1st of July? What are the eligibility requirements for the sponsored parent and sponsoring child? Is it possible to apply for a Sponsored Parent Visa if your parent has an existing application, or has previously applied, for a parent visa? Unsurprisingly, the waiting process for Parent Visa applications continues to be controversial. How much does it generally cost to obtain a Contributory Parent (Permanent) Visa or a Non-Contributory Parent (Permanent) Visa? How long is the waiting process that it has caused such controversy? What are the key pieces of information one should keep in mind before inviting their parents?  We were joined here today with Partner John Kim who has helped us navigate the new Sponsored Parent (Temporary) Visa 870. Unlike in the past, where parents could only visit their children who had been citizens and permanent residents of Australia for more than half their lives, the new Sponsored Parent Visa provides an alternative pathway for younger immigrants to reunite with their parents back home. Nevertheless, there are stringent conditions attached to the new visa, such as application fees exceeding $10, 000, non-access to Medicare and income tests. It is vital that prospective applicants seek professional advice and undertake diligent preliminary investigation prior to applying. To know more about living in Australia, visit our Facebook page and leave us a comment with your questions. Talk Talk S Pod is always here to provide you with the latest information. https://www.sbs.com.au/language/korean/audio/talk-talk-s-pod-the-parent-visa-in-australia

03 Dec 2019


Press

Working Holiday visa (subclass 417) - SBS

The Immigration Department of Australia has made some recent changes to the Working Holiday Visa since 1 July this year. The Visa, which is a popular option for young people from Korea looking to learn English, earn money and experience foreign living, comes with various requirements which potential applicants will need to be vigilant of complying with. In this Interview, John Kim Partner at H & H Lawyers, takes us through eligibility requirements as well as the recent changes and what this means for prospective Visa applicants. Finally, listeners are provided with key practical points to remember in relation to living in Australia while on a Working Holiday Visa and things they may wish to prepare for before travelling. - Today, we will be talking about the working holiday visa - or what many would call the third privilege of youth. We are here again with Partner John Kim from H & H Lawyers Sydney to discuss your queries in relation to this visa. Visa Advice Content: Since 1st July this year, the working holiday visa period has extended from a total period of 2 years to 3 years. This means that young people from Korea can now learn English, earn money and experience foreign living for a whole added year. What has changed with the working holiday visa? I assume this would be good news for those people who will no longer need to end their working holiday experience in Australia within what is often a short 2 years. In terms of eligibility, what are the age requirements or other conditions that would need to be satisfied in order to apply? Since announcing the last amendment, certain countries have lifted the age requirement for their working holiday visas from 30 to 35 years. What are the chances of the age requirement lifting for Korea? Would you be able to provide us with a comprehensive overview of the changes made in relation to the working holiday visa? We know that working holiday visa holders have been paying taxes. But as we mentioned last week on our broadcast, the Federal Court has held that requiring the payment of taxes from working holiday visa holders is indeed illegal. Ever since the decision, visa holders have been eager to find out whether the taxes they have been paying would be returned. Producer Sungil Park will be providing us with the details. [Federal Court Rules Taxing Working Holiday Visa Holders Illegal https://www.sbs.com.au/language/korean/yeonbang-beobweon-hoju-weokingholridei-segeumeun-bulbeob-pangyeol-gugseceong] Since the news was announced last week, there has been significant interest being shown from those on working holiday. We will need to watch closely what will happen with this decision. [Visa advice continued] Partner John Kim will now continue with answering our questions in relation to the working holiday visa. Is there anything a young working holiday visa holder in Australia should be particularly aware of? Thank you John for the practical advice. These days, many of those on working holiday have been youtubing their daily lives in Australia and engaging in a lot of social media, including Instagram and Facebook. I do think this is a good way of creating these memories while working hard often in rural areas. For someone who has just been granted a working holiday visa, what are some things they can prepare for before leaving for Australia? Today we were joined by Partner John Kim who has helped us navigate the various requirements in relation to applying for a working holiday visa. On 20 November 2020 at 6pm, the Australian embassy will be holding a seminar for working holiday visa holders residing in Bunbury, Western Australia. The seminar which will be held at Bunbury Regional Entertainment Centre will share vital information on safety in Australia, legal pointers, pensions and useful tips for settling into Australia after you have arrived. For those interested, this is a good opportunity to gain valuable insights on how best to adjust to life on working holiday in Australia. To know more about living in Australia, visit our Facebook page and leave us a comment with your questions. Talk Talk S Pod is always here to provide you with the latest information. https://www.sbs.com.au/language/korean/audio/talk-talk-s-pod-working-holiday-visa-in-australia

12 Nov 2019