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John Kim

Partner

John.Kim@hhlaw.com.au

John has more than 15 years of experience in providing advice on 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 for multinationals 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.

Expertise

Education

  • Bachelor of Laws, The University of Auckland


Membership

  • The Law Society of NSW

  • Australia Korea Business Council

  • Korean Australian Lawyers Association

Expertise


Qualification

  • Lawyer, Supreme Court of NSW

  • Lawyer, High Court of New Zealand

  • Migration Agent (MARN 0849269)


Languages

  • English

  • Korean

Insights

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Firm News

H & H Lawyers organizes community seminars in Melbourne

H & H Lawyers hosted law seminars on 8 and 29 September 2022 at Pullman Albert Park in Melbourne. At the business law seminar on 8 September, Kenneth Hong, Managing Partner, outlined the key points of Australian business structures, employment law and commercial leases. Noel Kim, Partner, explained the process behind the registration of IP rights, including trademarks, patents and designs, as well as how to minimise the risk of an IP dispute. At the immigration and criminal law seminar on 29 September, John Kim, Partner, explained the various types of Australian permanent residency visas. John Kahn, Partner, shared useful tips on how to deal with the criminal charges that people most commonly experience in Australia. In addition to their legal knowledge, our lawyers shared their lived experiences based on their careers thus far. These personal reflections drew much attention from the attendees, and a Q & A session was held towards the end of the seminar where attendees had many of their burning questions answered.

03 Oct 2022


Firm News

H & H Lawyers presents at investment seminar hosted by Samsung Securities SNI & the Austrade Seoul

The seminar, which was held on 23 June at the Gangnam Finance Centre in Seoul, Korea, was attended by executives of start-ups and venture capital firms. Ken Hong shared on Australian business structure, employment law and regulations on foreign investments. John Kim outlined the visa options that can be obtained when establishing a company or investing in the Australian market. Whether for international or domestic clients, H & H Lawyers can provide expertise on laws regarding investing, establishing and operating a business in Australia.

28 Jun 2022


Legal News

Further steps to reopen Australia and secure our economic recovery effective 1 December

Australia continues to take further steps to safely reopen to the world, with additional changes to our international border arrangements coming into effect on 1 December. Consistent with the National Plan to safely reopen Australia, these changes will ensure we continue to protect the health of Australians, while reuniting families and securing our economic recovery by opening our border to skilled and student visa holders. From 1 December 2021, fully vaccinated eligible visa holders can come to Australia without needing to apply for a travel exemption. Eligible visa holders include skilled and student cohorts, as well as humanitarian, working holiday maker and provisional family visa holders. Under these arrangements, travellers must: Be fully vaccinated with a completed dosage of a vaccine approved or recognised by Australia’s Therapeutic Goods Administration (TGA) Hold a valid visa for one of theeligible visa subclasses Provide proof of their vaccination status Present a negative COVID-19 Polymerase Chain Reaction (PCR) test taken within three days of departure. Travellers to Australia must comply with the quarantine requirements in the state or territory of their arrival, and any other state or territory to which they plan to travel. The return of skilled workers and international students to Australia will further cement our economic recovery, providing the valuable workers our economy needs and supporting our important education sector. From 1 December 2021, Australia will also welcome back fully vaccinated citizens from Japan and the Republic of Korea. Under these arrangements, citizens of Japan and the Republic of Korea who hold a valid Australian visa will be able to travel from their home country quarantine-free to participating states and territories, without needing to seek a travel exemption. Under these arrangements, travellers must: Depart from their home country Be fully vaccinated with a completed dosage of a vaccine approved or recognised by the TGA Hold a valid Australian visa Provide proof of their vaccination status Present a negative COVID-19 PCR test taken within three days of departure. Today’s announcement follows earlier changes which have seen us welcome home fully vaccinated Australians, permanent residents and their immediate family members since 1 November, and follows the commencement of the Singapore safe travel zone yesterday. These changes demonstrate the success of our National Plan, as the Government continues to get Australia back to normal and reopen to the world safely. Source:Further steps to reopen Australia and secure our economic recovery | Prime Minister of Australia (pm.gov.au)

22 Nov 2021


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