General Skilled Migration 190/489 - South Australian State nomination made easier for UK Canada NZ US and Rep of Ireland

Immigration SA has made it easier for citizens and current passport holders of exempt countries to apply for South Australian state nomination.

Exempt Countries include:

United Kingdom
Canada
New Zealand
United States of America
Republic of Ireland

If you are a citizen or passport holder of one of the listed exempt countries, you no longer need to provide an English test result (IELTS or OET) to Immigration SA regardless of Immigration SA’s English requirement for your occupation.

If you are an International Graduate of South Australia and a citizen or passport holder of one of the listed exempt countries, you can also access the Immigration SA work experience waiver for ‘available’ occupations. See point eight under eligibility requirements for information on how to qualify for a work experience waiver.

Please note you may still require an IELTS or OET to gain additional points on the Department of Immigration and Border Protection (DIBP) points test. Additionally Skills Assessing Authorities and Registration / Licensing bodies in South Australia have their own English / work experience requirements so people from exempt countries need to ensure they can meet those requirements prior to applying for state nomination.

Source and date of accuracy:

Immigration SA:

https://www.migration.sa.gov.au/news%20and%20events

 This information is accurate on the 16 September  2014.  Immigration SA and DIBP will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Do You Need Help?

At Work Visa Lawyers we are experience in assisting applicants with the Expression of Interest, State Sponsorship and Visa application process for state sponsored subclasses 190 and 489.  We can also assist with the Independent 189.

If you require further information regarding an application or your Australian visa optionsyou can contact us through:

 (08) 7225 5091 or +61 8 7225 5091  

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

The Government has release a review report on the 457 program titled,Robust New Foundations: A Streamlined, Transparent and Responsive System for the 457 Programme.

The Report contains 22 recommendations, which include the following:

• $Labour Market testing requirements be abolished;

• A more flexible and adaptive approach to adding occupations to the 457 list (CSOL list), due to limitations of the current ANZSCO occupations.

• The exemption from the need to demonstrate the market rate should be aligned with the income level above which the top marginal tax rate is paid (currently at $180 000)

• No rises in the TSMIT  of $53,900 in the next two years

• Training Benchmarks - current training benchmarks be replaced by an annual training fund contribution based on each 457 visa holder sponsored, with the contributions scaled according to size of business.

• That the English language requirement be amended to an average score. For example, in relation to International English Language Testing System, the 457 applicant should have an average of 5 across the four competencies (or the equivalent for an alternative English language testing provider).

• Genuine position requirement - That before decision-makers refuse a nomination on the basis of the genuine position requirement, the sponsor be invited to provide further information to the decision-maker.

• Sponsorship - That Standard Business Sponsors should be approved for five years and start-up business sponsors for 18 months.

• That greater priority be given to monitoring 457 business sponsors and visa holders.

• Inter-agency cooperation - That there be greater collaboration between the department and the Australian Taxation Office to uphold integrity within the 457 programme and minimise the burden on employers.

• Fair Work Ombudsman- That the Fair Work Ombudsman’s current complementary role in monitoring compliance and referral of findings to the department for action should continue.

• Sanctions - That dedicated resourcing be made available to the department to enable the investigation and prosecution of civil penalty applications and court orders.

Comments by Chris Johnston, Lawyer and Registered Migration Agent, Principal of Work Visa Lawyers:

It is important to note, that this is a Report with recommendations, and that the recommendations have not been implemented.  We will post further news soon after any of the recommendations are implemented and become 457 requirements.

Sources:

Migration Institute of Australia

Australian Government Report:

http://www.immi.gov.au/pub-res/Documents/reviews/streamlined-responsive-457-programme.pdf

News release by Senator the Hon. Michaelia Cash:

www.minister.immi.gov.au/media/mc/2014/mc217716.htm

Warning -This information is accurate on the 13 September 2014.  

DIBP will change visa requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Do you Need Help with the 457 process, to be approved as a business sponsor or to get an Australian Visa for an employee?

If you require further information regarding an employer sponsored visa applications , either as an employer or an applicant, we can help you.

Contact us on (08) 7225 5091 or +61 8 7225 5091

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New employer sponsored  visa Agreements for Regional Areas in Australia - News and Commentary

Designated Area Migration Agreements (DAMA)  guidelines finalised:

The Assistant Minister of Immigration and Border Protection, Senator Michaelia Cash, has announced the finalisation of guidelines for Designated Area Migration Agreements (DAMAs).

A DAMA will:

·  allow employers in the designated area who are unable to recruit Australian workers to employ overseas workers

·  have a salary concession of up to 10% for the TSMIT (the minimum wage could be $48,510)

·  not undercut Australian workers wages

·  require employers to meet Subclass 457 sponsorship obligations, including meeting training benchmarks

·  allow for skill and English language concessions

·  allow for some semi-skilled occupations

A pilot agreement has been finalised with the Northern Territory Government.

Media responses on the DAMAs:

Here is a media report on some speculation as to the effect of the DAMAs:

http://www.news.com.au/national/cheaper-foreign-workers-under-new-federal-government-plan/story-fncynjr2-1227040800090

Commentary by Chris Johnston:

The DAMA appears to fall within the area of Labour Agreements. 

Labour Agreements have in the past taken considerable time and patience on behalf of the relevant employer to be approved.   Base on previous records, the DAMAs are unlikely to lead to a flood of cheap foreign workers.

Sources:

Migration Institute of Australia

News release by Senator the Hon. Michaelia Cash:

http://www.minister.immi.gov.au/media/mc/2014/mc217447.htm

News Media: http://www.news.com.au/national/cheaper-foreign-workers-under-new-federal-government-plan/story-fncynjr2-1227040800090

Warning -This information is accurate on the 31 Aug 2014.  

DIBP will change visa requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Do you Need Help with an Australian Visa?

If you require further information regarding an employer sponsored visa application , either as an employer or an applicant, we can help you.

Contact us on (08) 7225 5091 or +61 8 7225 5091

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Australian Government warning about increased processing times for Onshore Partner Visas

The Department of Immigration and Border protection has recently put this onscreen waring on its website in relation to Partner visa (subclasses 820 and 801):
“Average processing time for this visa is 12 to 15 months.​”

Why the increase in processing times?

The DIBP has not announced why processing times are going up for Partner visas.

As a registered migration agent I have notice an increase in inquiries about partner applications in the last six months.   So it could be that there are simply more applications, and so this could lead to greater processing times.

Sources:  DIBP website:

http://www.immi.gov.au/Visas/Pages/801-820.aspx

Warning -This information is accurate on the 23 August  2014.  

DIBP and can change requirements in an ongoing manner and all current requirements must be established prior to lodging a skills assessment or visa application. 

Do you Need Help with a Partner Application or Appeal?

If you require further information or assistance in relation to a Partner visa, adding a partner to a or an appeal of an partner visa refusal to the MRT, we can help you.

Contact us on (08) 7225 5091 or +61 8 7225 5091

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From 1 July 2016 the Australian student visa programme will be amended to having just two visa subclasses (currently there are EIGHT subclasses). The two visa subclasses will be Subclass 500 (Student) and Subclass 590 (Student Guardian).

By reducing the various student visa subclasses the Department of Immigration and Border Protection (DIBP) aims to introduce and apply the same criteria for all student visa applications. The criteria will include:

• enrolment requirements
• English language requirements
• financial capacity requirements
• Genuine Temporary Entrant (GTE) requirements

Current assessment levels and streamlined visa processing arrangements will be removed with case officers required to consider more factors to assess the genuineness and the need for individuals to provide evidence of financial and English proficiency. Case officers will be assisted by the new combined country and provider immigration risk framework that will help guide student visa evidentiary requirements and create streamlined visa application processing opportunities for education providers across all sectors.

A condition will also be attached to the new student visas to determine if a new student visa is required if you change your education courses. There will also be no restrictions on bringing family for students studying for less than 10 months.

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

The changes announced to the student visa programme come as a result of the “Future Directions for Streamlined Visa Processing Report and Recommendations” report compiled in June 2015. While it sounds like the DIBP is heading in the right direction by streamlining the student visa application process, we will need to observe the adjustments made by the DIBP after July 2016 to find out if this is a better system.

We will provide more information about the specific requirements once they are available. In the meantime it is best that you submit your visa applications as early as possible to avoid any delays in starting your enrolled courses.

This information is accurate on 18 April 2016

Source:

1. https://www.legislation.gov.au/Details/F2016L00523/Download
2. https://www.border.gov.au/ReportsandPublications/Documents/reviews-and-inquiries/future-directions.pdf

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

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Chain Migration a new pathway to an Australian skilled Visa

In July 2014 Immigration SA have announce a new state nominated option which is called ‘Chain Migration’.

Chain migration is a new pathway to gain South Australian sponsorship for a skilled visa.

Chain migration allows international graduated with Australian qualifications to apply for state nominated visas (489 or 190) if they have a relevant relative that is an Australian Citizen or PR that is settled in South Australia.

Here are the details from Immigration SA:

                “The benefits of the chain migration pathway:

·         Ability to apply for a permanent (190) or provisional (489) visa

·         Access to a more extensive occupation list compared to the Department of Immigration and Border Protection's (DIBP) Skilled Occupation List (SOL)

·         Instant visa invitation from DIBP once approved for state nomination 

·         Priority visa processing with DIBP”

“Requirements

To qualify for the chain migration pathway, applicants must:

·  Have completed a Bachelor degree or higher

·  Meet all DIBP criteria and Immigration South Australia criteria

·  Have 60 points on the DIBP points test.

To qualify for the chain migration pathway, the family member in South Australia must: 

·  Be the applicant’s grandfather, grandmother, father, mother, brother or sister. Applicants can still apply if it’s a step or adoptive parent/sibling. 

·  Be an Australian Permanent Resident or an Australian Citizen

·  Have resided in South Australia for the past twelve months. “

Here are the requirements of Chain Migration as detailed on Immigration SA Website:

“Chain Migration is a state nomination pathway for applicants who have an immediate family member permanently residing in South Australia.

12.1 Chain Migration applicants can apply for occupations listed as ‘Special conditions apply’ on the State Occupation List.

12.2 Chain migration applicants can apply for occupations that are listed on the South Australian Graduate List.

12.3 Chain Migration applicants who are international graduates of Australia (who meet the work experience requirement listed under point 7) can apply for a provisional (489) visa or permanent (190) visa for any occupation listed as ‘available’ on the State Occupation list.

12.4 The applicant needs to meet all DIBP and Immigration SA criteria.

12.5 The applicant must have completed a Bachelor degree or higher in the field of their nominated occupation.

12.6 The applicant’s immediate family member in South Australia must meet all criteria listed under 12.6 below.

12.6.1 The family member residing in South Australia must be the applicant’s grandfather, grandmother, father, mother, brother or sister. Applicants can still apply if it’s a step or adoptive parent / sibling.

12.6.2 The family member must be over 18 years of age.

12.6.3 The family member in South Australia must be either an Australian Permanent Resident or an Australian Citizen.

12.6.4 The family member must be currently residing in South Australia and have resided in South Australia for the last twelve months.

12.7 The Applicant’s family member in South Australia is required to complete a Statutory Declaration to confirm that they meet the all chain migration criteria.”

Commentary by Chris Johnston:

The Chain Migration pathway is a great new opportunity for many to apply for an Australian visa.

It should make for some interesting situations.

People with relatives already in SA will clearly be the first to use chain migration.

The Chain Migration pathway will also give more incentive for people outside of Australia, with family that have already migrated to South Australia, to choose to study in South Australia.

But the incentive of Chain migration could have wider results. If you have the points but cannot get state nomination anywhere in Australia then you may want to consider asking your Australian Citizen or PR family members to move to South Australia.  Once these Australian Citizen or PR family members have lived in South Australia for 12 months or more then you may be eligible for a Chain Migration sponsorship.

Source and date of accuracy:

Immigration SA:

http://www.mia.org.au/documents/item/380

https://www.migration.sa.gov.au/eligibility_requirements

 This information is accurate on the 26 July 2014.  Immigration SA and DIBP will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Do You Need Help?

At Work Visa Lawyers we are experience in assisting applicants with the Expression of Interest, State Sponsorship and Visa application process for state sponsored subclasses 190 and 489.  We can also assist with the Independent 189.

If you require further information regarding an application or your Australian visa optionsyou can contact us through:

 (08) 7225 5091 or +61 8 7225 5091  

or  This email address is being protected from spambots. You need JavaScript enabled to view it.

All Australian Migration Skills assessments over three years old will expire on 1 July 2014

Amendments to the Migration Regulations will come into effect on the 1 July 2014, that put an expiry date on skills assessments.

Skills assessments issued by assessing authorities for the purpose of visa applications will only be valid for three years, or if the skills assessing authority has specified a shorter validity period, for that shorter period. The default three year validity period is to align with the existing three year validity period for English Language tests.

This means that Skills Assessments that are over 3 years from the date of issue, will effectively expire on 1 July 2014.

What should I do with my skills assessment?

So if you have a skills assessment, older than 3 years, then the best thing to do is to lodge an application you are eligible for by 30 June 2014. 

This could be a problem for many, if state nomination lists are closed or occupations are not currently available for sponsorship.

Source:

Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014

Select Legislative Instrument No. 82, 2014

http://www.comlaw.gov.au/Details/F2014L00726/Download

This information is accurate on the 17 June 2014.  DIBP will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Need Help?

At Work Visa Lawyers we are experience in assisting applicants with the Expression of Interest, State Sponsorship and Visa application process for state sponsored subclasses 190 and 489.  We can also assist with the Independent 189.

If you require further information regarding an application or your Australian visa options you can contact us through:

 (08) 7225 5091 or +61 8 7225 5091  

or This email address is being protected from spambots. You need JavaScript enabled to view it.

Chefs, bricklayers and tilers to be able to apply for Australian independent visas and also family sponsored 489

It has been reported in the Australian on the 7 June 2014, that the occupations of Chef, bricklayer and tilers will be made available for independent migration without an employer.

This change means that the above occupations will be listed on the SOL from the 1 July 2014, and be able to apply for the Skilled Independent visa (subclass 189).  This means that the applicant will no longer need an employer sponsor, such as for a ENS or RSMS, or a state sponsor, such as for the 190 and 489.

This does sound like great news, but there are some details to consider:

- The chef, bricklayer or tiler will need a positive skills assessment from the relevant skills assessing authority.  Obtaining a skills assessment can be time consuming and expensive.

- The occupation of Chef, is not the occupation of cook.  To gain a skills assessment as a Chef, the applicant must have skills and experience over and above that of a cook.

- To be able to apply for a 189, the applicant must be able to meet all the pre-requisites and to achieve at least 60 points in the points test.

Addition to SOL opens way to Family Sponsored 498 as well!

Another big positive in relation to the addition of the occupations of Chef, bricklayer and tilers to the SOL, is that It opens the occupations up to the Family Sponsored 489.  Family sponsorships for the 489 is only available to occupations on SOL – skilled occupation list..

Changes to the SOL from 1 July 2014 – some occupations may be removed

It is positive news when occupations are added to the SOL.  However, there will most likely also be occupations removed from the 1 July 2014.  This may impact negatively on people in the  occupations removed from the SOL.

Occupations to be removed from the SOL have not yet been announced.

Warning: This information is accurate on the 10 June 2014. 

DIBP will change visa requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Sources:

http://www.businessinsider.com.au/foreign-chefs-bricklayers-and-tilers-can-now-gain-permanent-visas-without-employer-sponsorship-2014-6

http://www.theaustralian.com.au/national-affairs/policy/coalition-opens-way-for-foreign-chefs-brickies/story-fn59noo3-1226946439974

Do You Need Help in Relation to Australian Visas?

If you require further information regarding Australian visa options you contact our offices on:

 (08) 7225 5091 or +61 8 7225 5091  

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Here are some of the changes introduced from the 1 July 2013 that are important to 457 visa applicants:

English Requirements now more difficult for many

English levels of Functional English must now be proved for all levels of occupations nominated from the CSOL:

-      an International English Language Testing System (IELTS) test score of at least 5 in each of the four test components of speaking, reading, writing and listening, or

-      a score of at least 'B' in each of the four components of an Occupational English Test (OET).

Prior to 1 July, the requiements only applied to trade level position such as cook, baker and mechanic.  Now the apply to all positions on the CSOL, nominated for a 457. For example, now Civil and Mechanical Engineers, Marketing Specialists and Software Engineers.

TSMIT Up

TSMIT is now $53,900 and all nominations must be paid TSMIT or higher.  Please note, that Market Salary is also a relevant guide for the amount to be paid to the nominated position.

Market Salary Exemption Up

Market Salary – the exemption from Market Salary requirements has been increased from $180,000 to $250,000.

More Discretion to Refuse based on Skills and Qualifications

The Department has strengthen the skills requirements for Subclass 457 visas by requiring the Subclass 457 visa applicant to have the skills, qualifications and employment background that the Minister considers necessary to perform the tasks of the nominated occupation.

In my opinion this will help make the Department feel more comfortable in refusing an application without requesting further information.

Genuine Test – More discretion to refuse

Introduction of a ‘genuineness test’ to be conducted by departmental officers to ensure that the position associated with the nominated occupation is genuinely required to address skills shortages in Australia.

Condition Requiring Licencing Post Grant

457 visa holders must seek to obtain any mandatory registration, licence or membership for their occupation within 28 days.  The licensing requirement will effect occupations such as electricians.

All Electronic Lodgement

All applications for standard business sponsorship, approval of nominations and Subclass 457 (Temporary Work (Skilled)) visas to be lodged electronically.  The backup system to this is said to be lodgement by email. My comment, this sounds like it could be a real mess when the system crashes, like it does the last day of the program year almost every year late June.

Workers have more time to find another sponsor after ending employment

Workers have been given more time to find another sponsor after ceasing employment.  This time have been extended from 28 days to 90 days.

Fees Up

457 Sponsorship remains the same at $420

457 Nomination from $85 to $330.

457 Visa applicant – primary applicant now termed base applicant from $455 to $900

457 Visa applicant, secondary applicant over age of 18 from $0 to $900

457 Visa applicant, secondary aged under 18, from $0 to $225

New fee - Subsequent temporary application fee will apply in some circumstances, $700 per applicant.

Refer to this blog for an example of 457 fee costs post 1 July 2013.

http://www.workvisalawyers.com.au/news/entry/explanation-of-new-australian-visa-charges-system-based-on-number-of-applicants-and-the-new-subsequent-temporary-application-charge.html

Source: DIAC website

http://www.immi.gov.au/skilled/changes-457-program.htm

Need Help?

If you require further information regarding a 457 application or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091  

This information isaccurate on the 30 July 2013.  DIAC will changes visa requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

In the Australian Federal Budget released on the 13 May 2014, the following measures are announced:

“The Government will achieve savings of $305.2 million (including a reduction in revenue of $112.9 million) over five years, by modifying the size and composition of the 2014‑15 Migration Programme.

The 2014‑15 Migration Programme will have 190,000 places and maintain the composition of 128,550 Skilled Stream places, 60,885 Family Stream places and 565 Special Eligibility Stream places.

The Skilled Stream will continue to focus on Australia's longer term skills needs, including addressing skills shortages in regional Australia.

The Family Stream will refocus on meeting the increasing demand for close family reunions. The additional partner and child places will be made available as a result of the cessation of new applications from the other family and parent (non‑contributory) places. This cessation will also enable faster processing of existing applications.”

The Government’s press release:

In a press release from Scott Morrison MP, the Minister for Immigration and Border Protection, the Budget was described with the following title: “Boosting the economy through Australia's migration programme”:

'With the reprioritisation towards employer-sponsored visas, employers will be assisted in finding workers to fill vital positions where they have been unable to find local workers. This also protects Australian workers, who will have less direct competition from independent migrants who arrive without a guaranteed job.”

The Ceasing of the following Family visas as part of new measures:

The following  visas have been ceased from the 2 June 2014:

Parent -Subclass -Subclass 103; Aged Parent- Subclass 804

Aged Dependent Relative - Subclass 114

Aged Dependent Relative -Subclass 838.

Remaining Relative- Subclass 115

Remaining Relative -Subclass 835

Carer-Subclass –Subclass 116

Carer - Subclass 836

This is consistent with the focus on Skilled Visas announced in the budget above.

Warning: This information is accurate on the 04 June 2014. 

DIBP will change visa requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Sources:http://www.budget.gov.au/2014-15/content/bp2/html/bp2_expense-16.htm

http://www.minister.immi.gov.au/media/sm/2014/sm214434.htm

Do You Need Help in Relation to Australian Visas?

If you require further information regarding Australian visa options you contact our offices on:

 (08) 7225 5091 or +61 8 7225 5091  

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