Changes to sponsorship list for ACT announced 1 October 2014 – more occupations closed

The ACT Government has release the following information about changes to their sponsorship list.

“UPDATE TO THE ACT OCCUPATION LIST AND 190 NOMINATION CRITERIA, EFFECTIVE 1 OCTOBER 2014.

All occupations which were previously ‘limited’ are now closed.  

Please read the nomination guidelines carefully as there are significant changes, including:

•         Verification: you are no longer required to verify closed occupations.
•         Closed Occupations:

o   Canberra residents and Canberra graduates are not required to be working in the nominated occupation as long as they areworking in a skilled occupation (with ANZSCO skill level 1 to 4). However, interstate graduates must still meet the six (6) months employment in the nominated occupation criteria.

o   Overseas residents require close ties before applying for a closed occupation. The definition of ‘close family has been tightened to only include parents, brother, sister, grandparents, step parents, step siblings of the main applicant or spouse / partner.  

•         Assessment: The assessment of the application for ACT nomination will be based solely on the supporting documents provided at the time of application. Additional documents will not be accepted after submission The case officers will not be requesting further information. If the application is incomplete, or it does not meet the nomination criteria, the application will be refused.

Applications submitted and lodged prior to 1 October 2014  will be assessed against the August 2014 criteria.  Limited occupations previously verified will also be honoured as long as the applications are lodged within 14 days of verification.

The updated ACT nomination criteria and occupation list are available at http://www.canberrayourfuture.com.au/portal/migrating/article/skilled-migration-visas/”

You may still be able to apply for closed occupations if you meet the criteria below:

Here is the criteria for closed occupations:

“If your occupation is listed as closed on the current ACT Occupation List, you may still be able to apply for ACT nomination if you meet certain criteria.

Canberra residents:

·         You have lived in Canberra for the last three (3) months, and:

o    You are working for an ACT employer in a skilled occupation. A skilled occupation is an occupation that has been defined by ANZSCO as having a skill level 1 to 4. See http://www.abs.gov.au/ANZSCO.  

§  You do not have to be working in your nominated occupation.

§  The employment does not have to be full time.

o   (If you do not have work rights) you have a job offer with an ACT employer in a skilled occupation. The job offer does not have to be in the nominated occupation.

·         You are a graduate from an interstate institution, and:

o   You have worked in Canberra for the last six (6) months before applying:

§  You must be working in your nominated occupation.

§  You must be working full time. Student visa holders working 20 hours per week are deemed to meet the full time criterion.

o   You have a genuine commitment to living in Canberra for at least 2 years from visa grant.

Overseas residents

If you are living overseas, you can apply for nomination of a closed occupation if you have:

·         A genuine offer of employment from an ACT employer; or

·         A close family member (includes parents, brother, sister, grandparents, step parents, step siblings) of the main applicant or spouse / partner who is:

o    Currently residing in Canberra and has resided in Canberra for the last twelve months.

o    Either an Australian Permanent Resident or an Australian Citizen.

o    Over 18 years of age.”

Comment by Chris Johnston Migration Lawyer and Registered Migration Agent:

For the ACT there are currently 69 occupations that or open on the ACT list and 582 that are closed.

The changes announce by the ACT favour ACT international graduates and those already living and working in the ACT.

This is part of an overall trend for States and Territories to favour their own graduates.

Source:

Immigration SA:

http://www.canberrayourfuture.com.au/news/article/guideline-and-act-occupation-list-changes/

 This information is accurate on the 01 October 2014.  State/Territory Bodies 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  

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Ceased visa classes Reopened - Parent, Remaining Relative, Aged Dependent Relative & Carer visas

Visa Classes Now Open

Senator Hanson-Young's disallowance motion against theMigration Amendment (Repeal of Certain Visa Classes) Regulation 2014, wassuccessful.

The visas which will be be reopened are the following classes:

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

They may not stay open long:

The visas are likely to be closed again by further government actions – so you may want to get in quick to lodge.

You should be aware:

Based on current processing times, the waiting periods could be many years.

Warning:This information is accurate on the 25 September 2014. 

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

Sources:Migration Institute of Australia

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  

or

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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

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

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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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.

It has recently been announced that the Parent, Remaining Relative, Aged Dependent Relative & Carer visas will be ceased on 2 June 2014.

This is following on from the Australian Budget in which it was stated that the Australian government would be ceasing lodgement of new applications under the Other Family and Non-Contributory Parent visas will take place prior to the start of the 2014-15 programme year.

The visas which will be ceasing, based on the Federal Government announcement, are the following classes:

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

Comment from Chris Johnston:  This is consistent with the Australian Federal Government having a focus on skilled migration.

I have previously commented on measures such as charging an application fee for each family member, being effectively anti-family.

http://www.workvisalawyers.com.au/news/entry/new-anti-family-australian-visa-application-charges-to-be-introduced-1-july-2013.html

The recent changes could also been seen as anti-family.

Warning:This information is accurate on the 01 June 2014. 

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

Sources: Migration Institute of Australia

Migration Amendment (Repeal of Certain Visa Classes) Regulation 2014 - Select Legislative Instrument No. 65, 2014

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  

or

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

Immigration SA has released the following information about State Nomination of provisional visa holders for the permanent subclass 190:

“Permanent state nomination for South Australian provisional visa holders

From 14 May until 15 June 2014, people who hold a South Australian state nominated provisional visa (subclass 489, 475, 487 and 495 only), who are living and working in the state can apply for a 190 - Skilled Nominated Permanent visa through Immigration South Australia. 

This trial program enables people who have already secured a provisional state nominated visa to apply for a permanent visa through the same program.  

State nominated applications made under this program will be priority processed.  The program will run from 14 May until 15 June 2014 or until the nomination quota has been reached.  

Not sure if this pathway is right for you?

Find out more about the benefits of permanent residency including access to Medicare and local study fees plus many more.  And read about the features and requirements of the 190 – Skilled Nominated visa.”

Source:

Immigration SA

http://us5.campaign-archive1.com/?u=a69011c047c7d5d323942b5d4&id=d0e5e58c18&e=1e56c72cf8

This information is accurate on the 14 May 2014.  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 a RSMS application or your Australian visa options you 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.

This is an interesting article contrasting Australia’s ranking on social and economic indicators which is very high and the perceptions of Australian’s in relation to life in Australia, which is lower:

http://www.theguardian.com/business/grogonomics/2014/apr/21/australia-has-it-pretty-damn-good-so-why-arent-we-cheering

MRT waiting times are dropping fast

The Migration Institure of Australia, the peak migration industry body, has released the following information from the April April MRT RRT Community Liaison:

“The MRT and RRT Tribunals report they have made a record 2,516 decisions in March 2014, this brings the total number of decisions to 18,858 to the end of March, representing a 46% increase compared with the same period last year.”

The increase in decisions made by the MRT and RRT means that the waiting times for those who have lodged a MRT will be much shorter.

Comment by Chris Johnston, Migration Lawyer and Registered Migration Agent: 

I can comment based on my recent professional experience, as a Migration Lawyer assisting a number of review applicant’s who have recently been allocated hearing dates.  Some times these allocations are up to a year earlier than expected.

Be warned - The current average processing times on the MRT site, are based on previous allocations, and may be much longer than the MRT is currently taking.

So this raises the question:

If you have lodged with the MRT, are you prepared for a hearing?

Have you or your Representative sent in a comprehensive submission to the MRT, providing reasons as to why your review should be successful?

It is my professional opinion, that you increase the chances of success at the MRT or RRT, if you provide a well prepared submission to the MRT or RRT decision maker, before the hearing takes place.

What you need to be get ready to supply to the MRT to improve your chances!

For Partner application MRT reviews – the review applicant’s should have been collecting ongoing evidence of the genuine relationship, and this should be submitted to the MRT.

For Employer Sponsored MRT review based on the business or nominated position – this could be for the 457 or RSM or ENS  - the review applicant will need evidence that the business continues to actively operate and still has a need for the position.

For Employer Sponsored MRT review based on the visa applicant’s skills, experience and English Skills – you will need to have your references to prove skills and relevant IELTS at the required level, ready to send to the MRT.

As a general observation – for any MRTs relying on suppling higher IELTS – you should be aiming to achieve the test result as soon as possible, in case your MRT hearing is given a date soon.

With the increase in MRT decisions, it is a good idea to start preparing for a hearing.

Sources:

The Migration Institute of Australia

The MRT:

http://www.mrt-rrt.gov.au/Apply-for-review/Processing-times.aspx

Do You Need Help in with taking a refused visa application to the MRT or RRT?

If you require assistance in relation to the MRT or RRT, we have the experience to give you the best chance of success.

You can contact us through:

 (08) 7225 5091 or +61 8 7225 5091  

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Skilled Nominated (subclass 190) visa – Closure of ACT nomination program to overseas applicants for 2013/14

The ACT government has released to following information today:

"The Australian Capital Territory (ACT) is pleased to announce that program targets for the Skilled- Nominated (subclass 190) visa have been met for the 2013/14 financial year.

Effective close of business today (25 March 2014), applications for ACT nomination from overseas residents will not be accepted.  If your clients are living overseas, they will not be able to apply for ACT nomination of a Skilled Nominated (subclass 190) visa until the program reopens in July 2014.

If your clients are living in Canberra and working in a skilled occupation, they are still able to apply for ACT nomination of the Skilled Nominated (subclass 190) visa providing  they meet the current nomination criteria."

Source: Migration and Information Services | Economic Development Directorate | ACT Government

This information isaccurate on the 25 March 2014.   State or Territory Nomination/Sponsorship bodies 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 DIBP has embarked on a campaign to inform students of the risks of changing from a streamlined course to a lower course. 

“Changing course advice for streamlined visa holders

If you want to change to a new course and you were granted a visa under the streamlined visa processing arrangements you must maintain enrolment in a streamlined visa processing eligible course (or package of courses) with an education provider participating in the arrangements.  ... ...

Important: If your new course is not with an education provider participating in the streamlined visa processing arrangements, read the information below about changing education providers.

If you enrol in a course (or package of courses) that is not eligible for streamlined visa processing, you no longer meet the criteria for which your visa was granted and may be considered for visa cancellation.”

From the DIBP Migration Blog:

“Moving from a university to a vocational education course

·         You must complete six months of the highest qualification course in which your visa was granted before changing courses with a different education sector.

·         You must obtain a new visa to study in a different educational sector.

Names of people and education providers in this story are fictional for the purposes of this case study.

Mandeep was enrolled with the Eucalyptus University to study a Bachelor of Accounting. She was granted a  Higher Education Sector (subclass 573) visa.

After commencing her bachelor degree, she was informed by a friend she could study her course faster and cheaper at a different institution. Mandeep thought this sounded like a good option as she wanted to get her degree as fast as possible. She thought she may have a problem with her visa if she changed her course.

Mandeep phoned the Department of Immigration and Border Protection to see if she could move to this cheaper institution. After confirming all the details of Mandeep’s case, the immigration officer told Mandeep her visa was granted under streamlined visa processing arrangements with the Eucalyptus University—if she changed to a non-streamlined education provider while holding a streamlined student visa, she may be in breach of a condition of her visa (condition 8516).

The immigration officer informed Mandeep that if she wanted to change education provider she would have to choose one of the following options:

·         transfer to another streamlined institution

·         remain in her current course and apply for a new student visa (after completing six months of her principal course) with a letter of offer or confirmation of enrolment from the new provider

·         depart Australia, request the voluntary cancellation of her student visa and then apply for a new student visa with a letter of offer or confirmation of enrolment from the new education provider.

Mandeep decided to move to the cheaper institution, regardless of the information she had found out about her visa. Shortly after, the department contacted her and issued a Notice of Intention to Consider Cancellation for her student visa.

Mandeep responded to the notice and provided reasons why her visa should not be cancelled. The department considered her response and proceeded to cancel her student visa for breach of condition 8516.

Mandeep was upset and regretted not abiding by the conditions of her visa. Mandeep no longer held a visa to remain lawfully in Australia and made arrangements to return to her home country.”

Warning: This information is accurate on the 02 February 2014. 

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

Sources: https://www.immi.gov.au/Study/Pages/changing-courses.aspx

http://migrationblog.immi.gov.au/2014/01/14/changing-courses-changes-everything/

Comment by Chris Johnston, Migration Lawyer and Registered Migration Agent: 

The problem for many students is that this information campaign will be too late and they have already made the change and face student visa cancellation.

Options in this case may include applying for the correct visa prior to any cancellation occuring. 

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  

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

Enrolled Nurse closed for ACT sponsorship for Australian Visas for this program year

ACT Government recently released an update on their website regarding Australian Capital Territory (ACT) Occupation List 2013-14.

http://www.canberrayourfuture.com.au/workspace/uploads/documents/act-occupation-list-2013-14-10-december-13.pdf

People who want to apply for subclass 190 or 489 visas need State Nomination from one or more State Governments.

Currently ACT is only nominating applicants for subclass 190 Only. In order to receive their Nomination, your occupation must be on their list and status should be still “open”.

The occupation of Enrolled Nurse was originally listed on their list however, due to high volume of application, this occupation is closed and no longer available until 30 June 2013.

However, this would highly likely be re-open for the ACT from 1^st July 2014.

Enrolled Nurse still open in SA, Qld and NT

However, NT is still sponsoring EN for both 489 and 190. QLD is sponsoring EN for 489.

SA is still sponsoring however, the availability is currently very low. Therefore if anyone would like to lodge their State Nomination to SA should be hurry.

Warning -This information is accurate on the 16 January 2014.  

DIBP and the State/Territory authorities 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 in Relation to a Skills Assessment or visa application as a Enrolled Nurse or Registered Nurse?

At Work Visa Lawyers we are experienced in assisting with skills assessment to enable applications for skillselect subclass 189, 190 and 489 visas and Employer Nomination Scheme applications.

We can help you with state sponsorship and visa application as an Enrolled Nurse or Registered Nurse.

For further information regarding skills assessments or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091.

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

For this program year NSW is no longer an option for a subclass 190 Visa:

The NSW State Government has closed nomination for subclass 190 visas, providing the following information on their website:

“Skilled Nominated visa (subclass 190) – NSW nominations closed for 2013/14

NSW is pleased to announce that program targets for the Skilled Nominated visa (subclass 190) have been met for the 2013/14 financial year.  

Effective 24 December 2013, applications for NSW nomination for the subclass 190 visa will close. Applications received after this date will not be processed or returned. NSW will reopen for the subclass 190 visa nomination in July 2014. Information regarding 2014/15 applications will be posted on this website in July 2014.  

Thank you for your interest in migrating to NSW.  “

Try another Option:

If you are looking to migration to Australia, there is no need to despair, all other States and Territories are still sponsoring for Subclass 190 visas.

Source and Accuracy

Source: http://www.business.nsw.gov.au/live-and-work-in-nsw/visa-and-migration/skilled-sponsored-migration

This information isaccurate on the 06 January 2014.  States and Territories 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 ACS has announced changes to skills assessments that will effect Australian ICT graduates!

The skills assessment criteria up until the 14 Jan 2014 does not require any experience for Australian Graduates with a Bachelor or higher and an ICT Major.  From the 15 January 2014 to get a full skills assessment for migration purposes Australian Graduates with an ICT Major will need to do a ACS professional year or have one year of work experience.

Here is a summary of the changes, released by the ACS on 28 October 2013:

“The following changes will come into effect on Jan 15, 2014:

· The ACS Temporary Graduate – 485 skills assessment will clearly state that it is specifically for the purpose of applying for a subclass 485 visa application. Applicants with an Australian study component that are applying for a subclass 485 visa will be assessed on the Australian qualification only, based on the completion of the relevant Australian Bachelor degree or higher.

· Applicants with an Australian study component that wish to apply for permanent residency will require either 1 year of relevant work experience or completion of an ACS Professional Year Program to receive a suitable skills assessment which can be used for general migration purposes.

· The ACS Post Australian Study skills assessment is intended to support graduates in applying for permanent residency under the General Skilled Migration or Employer Nomination Scheme after completing an Australian study component.

· The Australian study component is taken into consideration because of the value of studying in Australia and the exposure to Australian culture and language, which in turn places applicants in a better position to be employed in their nominated occupation.

· The work experience or professional year program is assessed for suitability of the full skills assessment and the applicant is considered skilled from the completion date of the relevant Australian degree. The Post Australian Study skills assessment can be used for migration purposes in general.”

What are the Requirements for the ACS professional year?

The professional year must meet the following criteria:

“The PYear Program delivers:

• 44 -52 weeks practical training, face to face study and workshops 
• 12 week hands-on internship with a host company 
• access to networking opportunities and professional development as a graduate member of the Australian ICT industry's professional body 
• on successful completion of a Professional Year program specified by the Minister, a participant may be awarded 5 points under the Skilled Occupation List (SOL)”

Source: https://www.acs.org.au/migration-skills-assessment/professional-year-program

Who is currently providing the ACS professional year?

Education providers that are currently offering products in relation to the ACS professional year include: 

• Navitas - http://www.navitas-careers-and-internships.com/programs/professional-year-program/information-and-communications-technology/
• Swinburne University of Technolgy - http://www.swinburne.edu.au/college/professional-year-programs/

Performance Education - http://www.performanceeducation.com.au/professional-year/professional-year-streams.html

• Professional Pathways Australia - https://ppa.edu.au/professional-year/professional-year-for-it/

Holmesglen - http://www.holmesglen.edu.au/programs/language_centre/professional_employment_programs/professional_year_program_for_computer_sciences

How Much will the professional year cost?

From the courses I have surveyed above, the fees for the ACS approved professional year appear to be in the range fo $11,000 to $13,000 for the course.

Sources:

ACS press release: http://www.acs.org.au/news-and-media/news-and-media-releases/2013/acs-announces-graduate-skills-assessment-application-process-changes

http://www.acs.org.au/migration-skills-assessment

Warning -This information is accurate on the 02 DEC 2013.  

DIBP and the ASC 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 an ACS Skills Assessment or Visa Application?

If you require further information or assistance with a skills assessment or visa application , we can help you.

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

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

On the 23 November 2013 the new 457 Labour Market Testing Requirements (LMT)  commenced.  The LMT requirements apply to the nomination stage of the 457 process.

The requirement under Legislative Instrument is that the period in which the advertising of the nominated position must have been, is within 12 months.

Exemptions to LMT:

There are exemptions to LMT based on:

·         occupation level

·         International Obligations.

Exemptions Based on Occupation Level:

There are exemptions for occupation that areANZSCO as Skill Level 1 or 2.

Skill Level 1 are occuptions that require an Australian Degree Level qualification or at least five years of relevant experience may substitute for the formal qualification.

Skill Level 1 occupations include:

General Managers; Farmers and Farm Mangers; Accountants; Medical practitioners; Analyst Programmer; Developer Programmer; 

Skill Level 2 are occupations that require an AQF Associate Degree, Advanced Diploma or Diploma qualification or at least three years of relevant experience including:

Customer Service Manager; Café and Restaurant Mangaer.

Major Occupations not exempted from LMT – Engineering and Nursing

While most occupations requiring the level of education stated above are exempted from LMT, if the qualification or experiences are in the field of following groups, LMT must be done prior to lodging Nomination application.

·         Engineering (including shipping engineering)

·         Nursing

Exemptions Based on International Obligations:

There are also exemptions based on Australia’s International Trade Obligations.

These are available where your business currently operates in a World Trade Organisation member country and is seeking to establish a business in Australia, where the nominated occupation is listed below as an “Executive or Senior Manager.

The definition of ‘Executive or Senior Manager’ is given a very wide interpretation, according to the DIBP website includes:

Registered Nurse, Driller, Welder, Automotive Electrician, Motor Mechanic (General), Diesel Motor Mechanic, Motorcycle Mechanic           

See the list on the DIBP website:

http://www.immi.gov.au/Visas/Pages/457.aspx?tab=4%20in%20the%20%E2%80%9CWho%20can%20nominate?%E2%80%9D%20section.

LMT will be necessary for Trade Level Occupations and below, if no exemptions apply:

At a practical level, this means that LMT will be necessary for trade level occupations which are ANZSCO Skill level 3  and for any occupations with ANZSCO skill levels below level 3.  For example Machinery Operators and Drivers which are Skill level 4 includes the occupation of Driller, which is on the ANZSCO.

This means that unless exemptions are available through International Obligations, LMT will be necessary for a number of occupations including: Electrician (general); Plumbers; Bakers; Painters; Drillers.

What level of LMT will the DIBP accept?

Details on the LMT expected can be found on a DIBP Q and A, which included the following:

“Q. What information do I need to provide as evidence of having conducted labour market testing?

A. You must provide information about all advertising or other recruitment efforts undertaken in relation to the nominated occupation in the preceding twelve month period. You must provide information about where those advertisements/recruitment activities took place, the dates they occurred and the geographic target audience of the advertising/recruitment efforts. You must provide information about the outcome of those activities including the number of applications received, the number of applicants hired and the general reasons why the other candidates were unsuccessful.

You can use the Domestic Recruitment Summary Table to summarise this information for the purpose of providing evidence of labour market testing with your nomination. It can be downloaded from the department’s website at http://www.immi.gov.au/Visas/Pages/457.aspx?tab=4

Q. Is advertising in social media channels such as Facebook an acceptable form of labour market testing?

A. Use of social media to advertise a vacant position(s) is acceptable. As with all other forms of advertising or recruitment efforts, you will need to provide information about the process you undertook and the results the advertising produced.

Q. Do I have conduct paid advertising to meet the labour market testing evidence requirement?

A. No. Paid advertising will not be considered more favourably than free advertising for the purpose of evidencing labour market testing.

Q. Do I have to provide details of the recruitment process such as records of interview or copies of job applications received?

A. No.

Q. Is advertising on my company’s own website an acceptable form of labour market testing?

A. Yes.

Q. My company uses an external recruitment agency. Is this an acceptable form of labour market testing?

A. Yes, however you are still required to provide information about the recruitment efforts undertaken on your behalf and the outcome of those activities.

The Department of Immigration and Border Protection has provided a Domestic Recruitment summary Template, to assist employers with the process of supplying information about the advertising process.

Redundancies and LMT
If an Australian citizen or permanent resident has been retrenched or made redundant in your business, or an associated entity of your business, within the four months prior to lodging your nomination, you must also provide information about those redundancies or retrenchments.”

What the Government has said about the LMT for 457 visas

In a press release on the 15 November 2013, Senator Michaelia Cash, the Assistant Minister for Immigration and Border Protection, gave her summary of the governments new LMT implementation.

The following is stated:

“The government announced today it will adopt a sensible approach to the implementation of new rules requiring employers to test the local labour market before seeking to employ an overseas worker on a subclass 457 visa. …

Guidelines released by the Department of Immigration and Border Protection for labour market testing recognise a broad range of recruitment activity as being an acceptable demonstration of labour market testing, and the time period in which labour market testing evidence will be valid for will be 12 months.”

Commentary by Chris Johnston, Principal Lawyer and RMA at Work Visa Lawyers:

The Labour Market Testing as announced will add an extra layer of effort for many employers, looking to nominated a position for a 457 visa.

There are a number of exemptions, which need to be examined carefully for each potential nominated position, to determine if LMT is required.  Many conventional professions, are exempted through their AZNSCO skill level. However Engineering and Nursing occupations are not exempted and do required LMT.  The trades will be hardest hit.  But even some trade positions will be exempted, depending on where the applicant is coming from – if a World Trade Organisation company, and being sponsored by a business where there is a parent business overseas.

If LMT is required, then the requirements for advertising are relatively broad, compared to what is required for the Direct Entry RSMS 187 visa, by many Regional Certifying Bodies.

The LMT must be within 12 months of the nomination, and the ranges of types of advertising available, include any of the following, paid online or paper, through a recruitment agent, online free adverts and even adverts through a sponsors own website.

Sources:

Migration Act 1958 - Determination of Specified Period in Which Labour Market Testing Must be Undertaken - IMMI 13/136 - F2013L01953

Migration Act 1958 - Specification of Occupations Exempt from Labour Market Testing - IMMI 13/137- F2013L01952

Migration Act 1958 - Legislative Instrument IMMI 13/138 [F2013L01954]

http://www.minister.immi.gov.au/media/mc/2013/mc209591.htm

Warning -This information is accurate on the 23 Nov 2013.  

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 a 457 visa?

If you require further information regarding a 457 application , either as an employer or an applicant, we can help you.

Contact us on (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 comments of opposition leader Steven Marshall are reported by Journalist Liam Mannix.  On 27th September at the Urban Development Institute of SA lunch at the InterContinental in Adelaide Steven Marshall said:

“Certainly I will be sitting down with my Coalition federal counterparts as early as I can to talk and to lobby them about preferential immigration status for us here in South Australia,” 

“Yes, some people could say we’ve got that at the moment … and so does Western Australia, which sort of nullifies any advantage that we’ve got.

“The regional status that we’ve got, the advantage that we had for quite a considerable amount of time where we were making up some ground, or at least diminishing our flows out of the state, was really before WA got its own regional immigration status.

“So that’s not the advantage that it was.”

Source:

Marshall to lobby for more migrants LIAM MANNIX 

http://indaily.com.au/news/2013/09/30/marshall-to-lobby-for-more-migrants/

 The Australian Nursing and Midwifery Accreditation Council (ANMAC) is the body authorised to do skills assessments for Australian migration purposes.

On 17 September 2013 ANMAC has sent the following information regarding the skills assessment process:

“New process of returning applications for migration skills assessments when incorrect documents are submitted”

“New protocol to be implemented

To continue to process applications in a timely manner, ANMAC is introducing a new protocol to manage incomplete and incorrect applications. Applications that are received incomplete or without correct supporting documentation will be returned. This will allow the applicant and their nominated agent to review the requirements for each document before resubmitting the application.

This new process will reduce the unnecessary administrative burden on the ANMAC assessors allowing for faster assessment times while ensuring that responsibility for the submission of correct documents appropriately resides with the applicant and their nominated agent.

We appreciate your support and assistance with the new assessment strategy.”

The release by ANMAC provides the following description in the rise in the number of applications for assessment and the documents that are usually required. “

“ Situation analysis

As you would be aware from the information provided on our website, the ANMAC assessment process can take more than 14 weeks during busy periods. ANMAC has been experiencing unprecedented numbers of skills assessment applications since the introduction of SkillSelect by DIAC in January 2013.

Traditionally ANMAC has assessed approximately 2000 applications per year. Since 1 January 2013 this has increased significantly to an average of over 100 applications per week, putting us on course to assess over 5000 applications this calendar year. The increase in application numbers has created extended assessment times for skills assessments although we are working to mitigate this.

The following steps have already been taken by ANMAC to improve assessment times:

New database to improve information storing and reporting

• Increasing number of assessors and support staff
• Increasing attendance at Migration Institute of Australia continuing professional development sessions to inform agents of ways to minimise barriers to their clients’ assessment process
• Checklist for required documents to ensure only those required documents are provided

The increase in applications has created an additional administrative burden on ANMAC especially where the submission includes incorrect documents and incomplete applications.

Common errors include:

• Incorrect certification of documents including cover sheet and photograph
• Incorrect AHPRA registration certificates
• Missing education details (eg graduation certificates) for bridging/adaptation programs
• Submission of professional references that do not meet ANMAC requirements, despite a template being available on our website
• Submission of unsolicited documents such as pay slips, utility bills, drivers licence, police criminal history checks (not required)
• Submission of continuing professional development documents such as OH&S, mandatory training updates and other short course certificates
• Curriculum Vitae or resume (not required) “

Source: Information released by ANMAC on 17 September 2013

Do You Need Help in Relation to a Skills Assessment as a Enrolled Nurse or Registered Nurse?

At Work Visa Lawyers we are experienced in assisting with skills assessment to enable applications for skillselect subclass 189, 190 and 489 visas and Employer Nomination Scheme applications.

We can help you with a skills assessment as an Enrolled Nurse or Registered Nurse.

For further information regarding skills assessments or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091.

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

This information is accurate on the 20 September 2013. 

On the 16 September 2013 Prime Minster Tony Abbot announced his Ministry.

He has appointed Scott Morrison as the Minister for Immigration and Border Protection.  This title is a change from what had previously been the Minister of Immigration and Citizenship.

The press release from Tony Abbot provides the following:

“Mr Scott Morrison MP will be Minister for Immigration and Border Protection. Senator Michaelia Cash will be Assistant Minister for Immigration and Border Protection. This is a strong team to stop the boats. Recognising its key role in border protection, Customs will be in this portfolio.”

Here is a link to some previous comments made by Scott Morrison when he was the Shadow Minister for Immigration and Citizenship, in relation to skilled migration:

http://www.workvisalawyers.com.au/news/entry/the-coalitions-approach-to-skilled-migration-457-visas-and-english-testing-scott-morrison-in-his-own-words.html

Sources:

http://lpaweb-static.s3.amazonaws.com/TheMinistry.pdf

http://resources.news.com.au/files/2013/09/16/1226720/249667-aus-file-abbott-ministry-statement.pdf

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 18 September 2013. 

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.