The following occupations have been shifted to ‘currently not available’ on the SA State Nominated Occupation List (SNOL). 

- Chemical Engineer,

- ICT Business Analyst

- Software Engineer

This will effect those who were planning to apply for sa state sponsored subclass 190 or 489 visas for the above occupations.

Here is what the status of ‘Currently not available’ means:

“Currently Not Available for State Nomination

Occupations with this status are not currently available for South Australian state nomination, due to the occupation group being close to reaching the Department of Immigration and Citizenship (DIAC) national ceiling. DIAC have a limited number of places available for State and Territory nomination for the rest of the 2013/14 program year. Independent General Skilled Migration or other States/Territories may still have places currently available for the occupation group.

In December 2013, DIAC will notify South Australia if there are any additional places available for this occupational group for state nomination and will allocate South Australia with a new quota.

Please monitor this website in December 2013 for any updated information.

Please view the DIAC website for announcements about occupation groups close to reaching the DIAC ceiling and how it affects prospective applicants for State Nominated or Independent General Skilled Migration http://www.immi.gov.au/skills/skillselect/.”

Sources: Immigration SA

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

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

Do You Need Help in Relation to Australian Visas?

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

This information is accurate on the 13 September 2013. 

Scott Morrison is likely to be announced as the new Minister for Immigration.  He was the Shadow Minister for Immigration  and Citizenship from 8 up until the Federal election on the 7th September 2013.

This is what Scott Morrison has previously said in relation to:

• Skilled Migration
• 457 visas
• English language requirements

Skilled Migration:

At the Brisbane Resource Industry Migration Forum for AMMA on the 8 August 2013:

"The Coalition believes in a well run migration program that focuses on skills and creates jobs for Australians," Mr Morrison said.

Source:

http://www.amma.org.au/newsroom/media-releases/3394-coalition-s-skilled-migration-program-will-restore-business-confidence-scott-morrison

Paper by Scott Morrison to Address to the Affinity Intercultural Foundation, Sydney

Wednesday 17 July 2013.  At page 4:

“During the Howard years skills based migration increased from less than 30% of the permanent

program under Paul Keating to almost 70% by the time they left office. The Howard Government

also introduced the temporary skilled visa, the 457.

Research by Monash University showed that during the Howard years the percentage of Australians

who were concerned about immigration levels being too high almost halved, from more than two

thirds to just over one third. Over the same period our permanent immigration intake doubled.”

http://www.affinity.org.au/wp-content/uploads/2013/07/Morrison-Doing-far-more-to-build-our-nation-170713.pdf

On 457 Policy under Brendan O’Connor

Scott Morrison was highly critical of the statements made by Brendan O’Connor in relation to claimed 457 rorts.

In a radio interview on the 2 May 2013 Scott Morrison said:

 “Well this report obtained by the Coalition under freedom of information demonstrates some fairly routine housekeeping changed to the 457 scheme. 

It certainly doesn't anywhere justify the sort of inflammatory rhetoric and trash talking of skilled migration that the Prime Minster and Minister O'Connor have engaged in, nor does it in any way provide any evidentiary basis for the sort of claims they've made about 10,000 people rorting the system and so on.”

http://www.abc.net.au/pm/content/2013/s3750563.htm

At the Brisbane Resource Industry Migration Forum for AMMA on the 8 August 2013:

“Until this year the skilled migration program enjoyed bipartisan support. Labor’s attack on skilled

migration through the measuresintroduced to choke the 457 migration program with union red

tape was nothing more than economic vandalism,” he said.

http://www.amma.org.au/assets/media/2013MediaReleases/Aug/MEDIA%20RELEASE_Coalitions_killed_migration_program_will_restore_business_confidence_Scott_Morrison.pdf

Skilled Migration and English Language Requirements

On English Language Testing:

Paper by Scott Morrison to Address to the Affinity Intercultural Foundation, Sydney

Wednesday 17 July 2013.  At pages 6 and 7:

“IELTS is a quality program – used by more than 6,000 organisations across 135 countries, including

immigration departments and authorities in Australia, Canada, New Zealand and the UK. IELTS

conduct around 1.9 million tests per year.

But we must be wary of creating a closed shop on English language testing or having English

language testing used as a non-tariff barrier by trade unions trying to crash the skilled migration

programme as an industrial tactic.

We should be moving towards a more competitive framework.

Australia needs to have the capacity to have progressive levels of English language capability. We

also need greater flexibility; the notion of having an English language test that is fit for purpose,

instead of a one size fits all.

There can be no argument that English skills are important. They are critical not only for personal

safety but also for participation and social cohesion.

English language skills are important to ensure awareness of compliance with occupational health

and safety rules. They are also important in allowing a visa holder to communicate and connect with

their employer, their colleagues and their community.

Temporary migrants, whether they are students or workers, can be highly vulnerable to abuse. An

understanding of English helps them access services and understand the protections available to

them, whether they are trying to rent a flat, understand the terms and conditions of their

employment, open a bank account or take out a loan.

The United Kingdom accepts over 30 language assessment systems in addition to the IELTS.

One of those providers is the renowned Cambridge English Language Assessment – formerly the

ESOL – with 4 million candidates sitting the tests in 130 countries.

The rationale behind Cambridge is that “tests need to be fit for purpose, offering users a range of

solutions that meet diverse needs”.

The level of language skills required of someone applying to come to Australia should also take into

account how long they intend to stay.

We also need more than a one-off time freeze snapshot. If a person has been living, working and

actively engaging in Australia over a number of years, it is in their interests as well as that of the

community that as their active engagement grows, their level of proficiency does not stay static;

ideally it would develop and improve over this time.”

The 457 and English Language Testing:

In an address to the National Press Club Mr Morrison said:
"There is also a need to revise the English language test that now requires a score of at least five in all four categories of the IELTS test," he told the NPC.

"These tests can be used a little like a non tariff barrier to trade by unions seeking to crash the system as an industrial system."

Source: article by  Malcolm Farr, National Political Editor, 30 March 2011, news.com.au

Comments by Chris Johnston Principal of Work Visa Lawyers:

The information above is statements made by Scott Morrison in the lead up to the 2013 elections .  The extent to which promises made prior to an election will result in government policies is an unknown.

In relation to 457 visas, it is clear that Scott Morrison is a critic of the 457 policies when he was a shadow Minster. 

The open question is whether the 457 labour market testing measures will come into effect.   The relevant Legislation is the Migration Amendment (Temporary Sponsored Visas) Bill 2013.  The legislation will come into effect within 6 months of the Act receiving royal assent and the last day for this to happen would be the 29 December 2013.

The Migration Amendment (Temporary Sponsored Visas) Bill allows for occupations to be exempted from LMT.  The new Coalition Government could chose to make a large range or all occupations exempted from LTM, to avoid the LMT legislation having any practical effects.

Sources:

AMMA Media Release, 8 August 2013

http://www.amma.org.au/newsroom/media-releases/3394-coalition-s-skilled-migration-program-will-restore-business-confidence-scott-morrison

http://www.affinity.org.au/wp-content/uploads/2013/07/Morrison-Doing-far-more-to-build-our-nation-170713.pdf

http://www.abc.net.au/pm/content/2013/s3750563.htm

Article by  Malcolm Farr, National Political Editor, 30 March 2011, news.com.au

Do You Need Help in Relation to Australian Visas?

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

This information is accurate on the 09 September 2013. 

Immigration SA has released the following information:

“New professions added to the State Nominated Occupation List

From 2 September 2013, the following occupations have been added to the State Nominated Occupation List (SNOL):

•    Procurement Manager
•    Registered Nurse (Paediatric)

ICT occupations

From 2 September 2013, the “Special Conditions Apply” status has been removed for all On-list ICT occupations and there will be a limited number of places available for South Australian State Nomination. The IELTS requirement for all ICT occupations is 6.5 in each band score.

Occupations close to reaching DIAC national ceiling

Six occupation groups are close to reaching the Department of Immigration and Citizenship (DIAC) national ceiling and DIAC have allocated a limited number of places for State and Territory nomination for the rest of the 2013/14 program year. Once South Australia has reached the state quota in an occupation group listed below, Immigration SA will be unable to nominate any more applicants (including SA international graduates) for the remainder of the 2013/14 program year.

Please view the DIAC website for announcements about these six occupation groups and how it affects prospective applicants for state nominated or independent General Skilled Migrationhttp://www.immi.gov.au/skills/skillselect/.   

The six occupation groups with a limited number of places available for SA state nomination are:

• 2331 Chemical and Materials Engineers
• 2611 ICT Business and Systems Analysts
• 2334 Electronics Engineers
• 2633 Telecommunication Engineering Professionals
• 2339 Other Engineering Professionals
• 2613 Software and Applications Programmers

Due to the limited number of places, Immigration SA will prioritise applications who meet all Immigration SA eligibility requirements as follows:

1.     Currently employed in a skilled occupation in SA

2.     An international Graduate of SA  

3.     High calibre offshore or onshore applicants (Immigration SA will take into account: DIAC points, qualifications, work experience and English level when assessing an application for these occupation groups).

Please note that for occupations subject to a DIAC occupation ceiling management process, Immigration SA reserves the right to process applicants by merit rather than by date submitted.“

Source: Immigration SA

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

This information isaccurate on the 04 September 2013.  Immigration SA 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.

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

The visa charges for many visas will be raised by approximately 15% from 1 September 2013.

Some examples of the charges are:

For an RSMS subclass 187 this means the base application charge will go up from $3060 to $3520.

Dependent spouse/partner $1530 to $1760.

Dependent child from $765 to $880

For a Contributory Parent (Migrant) per applicant the 2^nd Instalment will go up from $42,220 to $48,550.

Here is a link for the Instrument listing all the changes:

http://www.comlaw.gov.au/Details/F2013L01534/Explanatory%20Statement/Text

Need Help?

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

This information isaccurate on the 27 August 2013.  DIAC will change visa charges regularly and you will need to check the current charges prior to lodging an application. 

Welfare Worker occupation status changed on SA State Nomination List (SNOL) – further changes could result in an end to SA state sponsorship for Welfare Workers for visas 190 and 489

Welfare Worker and SA State Sponsorship

There has recently been a change to the ‘Availability Status’ of the occupation of Welfare Worker for SA state sponsorship.  The occupation availability has changed on the State Nominated Occupation List (SNOL). The status has been changed to ‘Medium Availability’. 

This change may be a concern for those who are looking for SA state sponsorship as a Welfare Worker.  The reason for concern is that it is very early in the program year which started from 1 July 2013 and runs to 30 June 2013.  With the downgrade to medium availability, Welfare Worker may at a later time be moved to ‘Low Availability’ and then to ‘DIAC Occupation ceiling met’.  If the DIAC SNOL status changes to ‘DIAC Occupation ceiling met’, then state sponsorship of the occupation for subclass 190 and 489 will stop.

Here are all the Occupations currently listed for Medium Availability on the SNOL:

272613  Welfare Worker               Medium Availability        IELTS 7.0 in each band plus 2 years work experience in field

139914  Quality Assurance Manager        Medium Availability        IELTS 7.0 in each band

224711  Management Consultant             Medium Availability       

225411  Sales Representative (Industrial Products)           Medium Availability

249311  Teacher of English to Speakers of Other Languages          Medium Availability        IELTS 7.0 in each band

311213  Medical Laboratory Technician   Medium Availability

312512  Mechanical Engineering Technician          Medium Availability

Any of the occupation currently listed as Medium Availability may be at risk of reaching the occupational ceiling and sponsorship being closed, during this program year, which ends on 30 June 2014.

What happens when Occupation Ceiling is met?

This is the information that Immigration SA provides on the SNOL classification DIAC occupation ceiling met:

“DIAC National Occupation Ceilings

For the 2013-14 program year DIAC set ceilings for occupational groupings. If a ceiling is met no further invitations can be issued by DIAC for this occupation group until 1 July 2014. For clients with an Expression Of Interest in this occupation group, your Expression Of Interest will remain valid for two years from the date you submitted your Expression Of Interest.

….

Immigration SA will not be accepting applications for occupations that are listed as "DIAC occupation ceiling met."

Source: Immigration SA

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

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

This information isaccurate on the 24 August 2013.  Immigration SA 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.

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

Working Holiday Visa arrangement for Greece

A Working holiday agreement is to be signed with Greece, with the necessary processes for the signing of a reciprocal agreement between Greece and Australia underway. There is no current date for the working holiday visa to come into operation.

Once in place, this should allow for a working holiday visa for Greek passport holders aged 18 to 30 years of age.

Source: http://www.greekcommunity.com.au/gocmv_public/index.php/en/immigration/84-working-holiday-visa-agreement-to-be-signed-between-greece-and-australia

The RSMS Direct entry subclass 187 is an Australian permanent residency work visa.  The first stage of the RSMS Direct entry process requires applying to the RCB for advice on the suitability of the employer and position.

Immigration SA, the state body that is the Regional Certifying Body (RCB) for RSMS in SA, has announced the following:

“Changes to the way employers demonstrate how they have tested the labour market:

• Removal of the peer review process (implemented on 21 June, 2013).

• Reduction in the number of  documents applicants are required to upload. Some documents have been replaced with a series of online questions.

• In some instances, the employer will be able to provide the RCB with a statutory declaration to support their application.”

There are also new Exemptions from labour market testing for the following:

• Employers who are approved 457 sponsors, who can demonstrate that the skilled migrant they are nominating has been working for them in the nominated occupation for at least 12 months.

• Occupations listed on a new Regional Certifying Body Occupation List. This list includes occupations such as:

• Construction Project Manager 133111
• Engineering Manager 133211
• Surveyor 232212
• Cartographer 232213
• Other Spatial Specialist 232214
• Chemical Engineer 233111
• Civil Engineer 233211
• Quantity Surveyor 233213
• Structural Engineer 233214
• Electrical Engineer 233311
• Mining Engineer (excluding
• Petroleum) 233611
• Petroleum Engineer 233612
• Geologist 234411
• University Lecturer 242111
• University Tutor 242112
• Construction Estimator 312114
• Metal Machinist (First Class) 323214
• Panelbeater 324111
• Roof Tiler 333311
• Electronic Equipment Trades
• Worker 342313
• Plus a large number of specialist medical positions.

There is a New Employer Document List:

• The new employer document list is much shorter.  Here is a link:

https://www.migration.sa.gov.au/sites/default/files/files/RSMS_Factsheet_for_SAEmployers_0.pdf

For the full list Regional Certifying Body Occupation List.:

https://www.migration.sa.gov.au/sites/default/files/files/RegionalCertifyingBody_OccupationList.pdf

Source: Immigration SA

http://us5.campaign-archive1.com/?u=a69011c047c7d5d323942b5d4&id=ec157d95cf&e=1e56c72cf8

This information isaccurate on the 10 August 2013.  Immigration SA 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 employer and applicants with the RSMS process.

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

We have received a communication from the ACT government which says that DIAC will not issue any further invitations for state sponsored 190 and 489 visas through for these six occupations:

·      Chemical and Materials Engineers;

·      ICT Business and Systems Analysts;

·      Electronics Engineers:

·      Telecommunications Engineering Professionals;

·      Other Engineering Professional; and

·      Software and Applications Programmers.

However, these are in fact occupational unit groups, often repsenting two or more occupations. The total number of occupations that have been effected by DIACs decision to not offer invitation to EoI for subclasses 190 and 489 is eighteen.  The occupations are:

233111 Chemical Engineer 

233112 Materials Engineer

261111 ICT Business Analyst 

261112 Systems Analyst

233411 Electronics Engineer

263311 Telecommunications Engineer

263312 Telecommunications Network Engineer

233911 Aeronautical Engineer 

233912 Agricultural Engineer 

233913 Biomedical Engineer 

233914 Engineering Technologist 

233915 Environmental Engineer 

233916 Naval Architect (Aus) / Marine Designer (NZ) 

233999 Engineering Professionals nec

261311 Analyst Programmer 

261312 Developer Programmer 

261313 Software Engineer 

261399 Software and Applications Programmers nec

If you have an application a state sponsorship application in process, then you may need to look at alternatives.   Contact the Sponsoring body to check the status of your application.

Sources:  ACT Government, Migration Institute of Australia

Need Help?

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

This information isaccurate on the 7 August 2013.  

Immigration SA is the RCB that provides advice regarding the first stage of the RSMS Direct Entry subclass 187 visa process.

From the 1 July 2012 up until late June 2013 the Labour Market Testing requirements for RSMS visa applications caused many employers to get very frustrated and some to choose not to be involved in the RSMS process at all.

Immigration SA has taken on some feedback and the process has been improved and streamlined.

Immigration SA has released a new document checklist which has reduced the advertising requirements. 

Concessions for some 457 visa holders

If the position for the RSMS is for a person who has been working on a 457 in that organisation for 12 months or more, then LMT is not required.  You will have to answer some questions. 

LMT documents requirements are lower

At a practical level, having recently done an online application, there is now no need to attach evidence of the Labour Marketing Test.  A detailed description from the employer of the advertising process is still required.

There in now no need for:

-         - No need for advertising to include the exact salary of the position.

-          - No need for Peer review evidence from Recruitment Agent, Union or Industry Association.

Processing times with Immigration SA are now shorter

Processing times had been up to three months at one stage.

Processing times for RSMS Immigration SA RCB advice are currently quoted as 24 days. 

Source: Immigration SA website: https://www.migration.sa.gov.au/node/20

Need Help?

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

This information isaccurate on the 7 August 2013.  Immigration SA will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

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.