Prime Minister of Australia, Malcolm Turnbull has announced new visa pathways for innovative entrepreneurs under the new National Innovation and Science Agenda. Australia has recently been ranked low among global innovation standards and this announcement seems to cater to the concerns of the lack of innovation in Australia.

According to the strategy announced, changes to the Australia migration programme will include the following:

1) Postgraduate by research graduates will receive additional points for General Skilled Migration visa applications

Many postgraduates find themselves short of points when applying for General Skilled Migration (GSM) visa as they lack work experience. With the newly announced changes, postgraduate by research graduates in science, technology, engineering and mathematics (STEM) will receive extra points which will provide more options for permanent residency in Australia after their studies.

2) New Entrepreneur Visa will provide overseas entrepreneurs with a pathway for Australian permanent residency

This new visa category will allow overseas entrepreneurs with innovative ideas to apply for a provisional visa with a pathway to permanent residency upon fulfilling criteria such as business growth and creation of jobs. To qualify for the Entrepreneur visa you will have to:

• Gain financial backing from a third party, which will likely be assessed by the newly created Innovation and Science Australia (ISA)
• Possess an innovative and high-growth potential idea that can be implemented in Australia

The new Entrepreneur Visa is planned to be introduced in November 2016. Work Visa Lawyers will bring you more updates as it becomes available.

It is likely that the new Entrepreneur Visa will be categorised as part of the Business Innovation and Investment programme. While the new visa option will not be available until end of 2016, applicants are encouraged to consider current options such as the 188 and 132 visas that may provide a more suitable pathway to permanent residence in Australia. You can view the summary of current business visa options here.

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

While it is still some time away before the changes take place, the changes announced look to benefit aspiring migrants and international graduates who want to make Australia their home. By attracting high-calibre and innovative entrepreneurs, Australia’s innovation standards can only improve while local jobs and investment will increase.

As such some applicants may find themselves with different visa options and may not realise the most efficient pathway to Australian permanent residency. Arrange an appointment with Work Visa Lawyers and we will be able to explain your visa options to you, and advise the best way forward specific to your individual situation. Seeking professional and accurate advice before your visa application will save you costs in fees and time, and ensure a proper application is made.

This information is accurate on 14 December 2015

Source:

1. http://www.news.com.au/finance/economy/australian-economy/malcolm-turnbull-unveils-innovation-package-to-lure-migrants-and-boost-australias-science-and-technology/news-story/4ec71fb43db5d4416fc32ef97c4ee61e
2. http://www.innovation.gov.au/page/agenda
3. http://www.innovation.gov.au/system/files/case-study/Factsheet%2021%20-%20Supporting%20innovation%20through%20visas.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 Migration Review Tribunal, 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

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

The Department of Immigration and Border Protection (DIBP) has announced changes affecting the Employer Nomination Scheme (Subclass 186 Visa) and Regional Sponsored Migration Scheme (Subclass 187 Visa). Two occupations – Ministers of Religion and Medical Practitioners, are affected by the changes announced.

Ministers of Religion (ANZSCO 272211) now required to sign-up to Labour Agreements

Ministers of Religion are now no longer eligible for the Direct Entry and Temporary Residence Transition stream of subclass 186 and 187 visas, as well as the Temporary Work (Skilled) subclass 457 visas. Religious organisations are now required to have an Industry Labour Agreement in place before they submit nominations under the 186, 187 and 457 visas.

Exemptions to age, skill and English language are no longer available to Ministers of Religion. Applicants must meet the requirements outlined in the Ministry of Religion Industry Labour Agreement. Follow this link to learn more about requesting for labour agreements.

Age Exemption now available for eligible medical practitioners in regional Australia

Medical practitioners who work in regional Australia and wish to apply for the subclass 186 and 187 visas now have easier access to exemptions for the age requirement if they are 50 years of age or over. Medical practitioners working in regional Australia seeking for the age exemption will no longer require employment with the same employer while holding a subclass 457 visa or a Medical Practitioner (Temporary) Subclass 422 Visa. They will instead need to:

• Demonstrate at least four years of employment in the nominated occupation
• Demonstrate that at least two out of the required four years of employment were located in regional Australia
• Ensure that the nominated position is located in regional Australia

For more information about exemptions, visit the Department webpage here.

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

More changes are expected at the turn of the new fiscal year and it is important that applicants are aware of the implemented changes that can affect your Australian visa eligibility. In this case Ministers of Religion are now subjected to stricter requirements while medical practitioners in regional Australia effectively gain a lower requirement for the age criteria when applying for the subclass 186 or 187 visas.

Follow Work Visa Lawyers on Twitter, Facebook and YouTube to receive information on the latest changes to the Australian migration programme.

Source:

1. http://www.border.gov.au/News/Pages/Ministers-of-Religion-occupation-changes-from-1-July-2015.aspx
2. http://www.border.gov.au/News/Pages/Medical-practitioners-in-regional-Australia-age-exemption.aspx

This information is accurate on 1 July 2015

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, including state sponsorship 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 Migration Review Tribunal, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia 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.

The new fiscal year has arrived! Historically the Department of Immigration and Border Protection introduces changes to the Australian migration programme on the 1^st July each year. Below is a list of changes and news that has come into effect today:

• Change in English Requirements for Health Professionals
  - Nursing and Midwifery, Medical Practitioners, Dental Practitioners, Chiropractors and more
• Changes to the Business Innovation and Investment Programme
• Minor Change to Migration Skills Assessment for Accountants
• Increase in the Migration Review Tribunal Fees
• Increase in Visa Application Fees (VAC)

Changes to the English Requirement for Health Professionals

The Australian Health Practitioner Regulation Agency (AHPRA) has announced new English requirements for the registration standards of 10 common health professions, dental practitioners, medical practitioners, nursing and midwifery. Find out about the new requirements by clicking through the applicable links:

Common standard for 10 professions – Chinese medicine, chiropractic, medical radiation, occupational therapy, optometry, osteopathy, pharmacy, physiotherapy, podiatry and psychology.

Standard for dental practitioners

Standard for medical practitioners

Standard for nursing and midwifery

Applicants can now combine 2 IELTS scores or submit specific medical exams such as NZREX or PLAB to meet the registration standards. More detailed updates to follow.

Changes to the Business Innovation and Investment Programme (BIIP)

The BIIP will undergo some major changes as follows:

- Creation of a new Premium Investor Visa (PIV) stream for the 188 Business Innovation and Investment (Provisional) visa

• Investment of A$ 15 million
• No residency requirements
• Eligible for 888 permanent visa in 12 months’ time

- Allowing a secondary applicant (spouse only, excludes dependent children) of a 188 provisional visa to fulfil the requirements for the 888 permanent visa requirements – role-swapping

- Residency requirements for the 188C Significant Investor Visa (SIV) holders amended to be 40 days per year for the primary applicant and 180 days per year for the secondary applicant to qualify for the permanent 888 visa

- Extending the duration of the 188 visas to be valid for 4 years and 3 months

- Addition of the CEO of Austrade as a nominator for SIV applications. Austrade nominated applicants will not be restricted to reside in one particular state

- Preventing complying investments (significant or premium) to be used as collateral or security for a loan

- Complying significant and premium investments will need to be new investments and cannot be existing investments in Australia

There are more updates to follow, such as the nomination process for Austrade, suitable financial products under the new complying investment framework and so forth. Work Visa Lawyers will bring you the latest news once we receive them.

Change to Migration Skills Assessment for Accountants

The Core Knowledge Areas will be consolidated from 12 to 9 areas of knowledge. Applicants will need to meet at least seven (7) core areas to meet the skills assessment requirements, with the exception of External Auditors and Taxation Accountants who need to meet at least eight (8). For more details, visit the skills assessment bodies below:

CPA Australia  

Institute of Public Accountants 

Institute of Chartered Accountants Australia 

Increase in Migration Review Tribunal (MRT) and Refugee Review Tribunal (RRT) Appeal Fees

Fees for the review applications are now A$ 1673.

Increase in Visa Application Fees (VAC)

If you missed our earlier news entry on the VAC increments, click here to find out more. Don’t be surprised by the change in fees.

More to Follow

There are bound to be more changes to be announced from the Department as well as other related authorities such as skills assessments organisations, state migration departments and others. Visit our website to get the latest updates on changes as they are announced.

Newsworthy

Visa cancellations increase by 553 percent due to crackdown on foreign criminals

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

The biggest changes so far would be the lowered English requirements for health professionals and the reshaping of the business migration and investment visas. As the changes announced can mean a different visa option for affected individuals, do contact a professional registered migration agent to assess how the new changes affect you.

This information is accurate on 1 July 2015

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, including state sponsorship 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 Migration Review Tribunal, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia 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.

Details of the visa application fee increases have been released today and here is a highlight:

• a 2.3% increase for all Skilled Migration, Business Innovation and Investment, Employer Sponsored 457, Regional Sponsored Migration Scheme (RSMS) visas
• a 5% increase for Parent, Working Holiday, Resident Return Visa (RRV) and Carer visas
• a 50% increase for Significant Investor Visas (SIV) and offshore Partner Visas

The significant increase is seen at the SIV category visa (which requires an investment of AUD 5 million) and Partner Visas lodged offshore.

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

Traditionally the Department of Immigration and Border Protection increases its visa application charges at the end of every financial year. Now is the time for applicants considering submitting a visa application to do so as fees are applicable at the time of lodgement. Some visa applications require other components that may take time to prepare and obtain, such as skills assessment and English exams so applicants are advised to begin as soon as possible to beat the fee increase on 1 July 2015.

Source:

1. http://www.immi.gov.au/pub-res/Documents/budget/VAC-increases-fact-sheet.pdf

This information is accurate on 14 May 2015

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 Migration Review Tribunal, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia 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.

This is the news that many have been waiting for. The Department of Immigration and Border Protection (DIBP) has amended English requirements for the Subclass 457 (Temporary Work (Skilled)) visas. The change will affect all new applications lodged on or after 18 April 2015, and also existing applications in progress that have not been finalised. Here are the new scores requirement:

Additionally the exemption to the English requirement has now changed to requiring an applicant to have at least 5 years of cumulative full-time study in a secondary and/or higher education institution where the instruction was delivered in English. Previously the studies needed to be completed consecutively for 5 years.

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

Along with the changes announced for the 476 and 485 visas (read the news here), the 457 visa programme now has lower English requirements as well. There are no changes to the OET test scores requirement, and CAE exams need to be completed on or after 1 January 2015.

While this will allow more applicants to meet the 457 visa requirements, it is important to know that there are other criteria that need to be fulfilled prior to lodging an application, as well as important obligations to fulfil after a 457 visa is granted, for both the applicant and business sponsor. Failing to meet the criteria and obligations thereafter may cause invite monitoring and sanctions from the Department.

Source:

1. http://www.comlaw.gov.au/Details/F2015L00563

This information is accurate on the 21 April 2015

Do you need help with an Employer Sponsored work visa application?

At Work Visa Lawyers we are experienced in assisting applicants for the Employer Sponsored work visa applications, which include business sponsorship application, nomination and visa application. We are also experienced in general skilled migration visas, business skills visas and family visas.

If you require further information regarding your Australia 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.

The Department of Immigration and Border Protection (DIBP) has announced lower English requirements for the Skilled – Recognised Graduate (subclass 476) and Temporary Graduate (subclass 485) visas. Originally applicants needed to meet “competent English” requirements for the 476 and 485 visa applications. For new applications lodged on or after 18 April 2015, applicants will now need to show one of the following:

• an overall score of at least 6, with nothing below 5 in each of the four test components (speaking, reading, listening and writing) in an International English Language Testing System (IELTS) test
• a score of at least 'B' in each of the four test components (speaking, reading, listening and writing) of an Occupational English Test (OET)
• a total score of at least 64, with nothing below 4 for listening, 4 for reading, 14 for writing and 14 for speaking, in a Test of English as a Foreign Language internet-based test (TOEFL iBT)
• an overall score of at least 50 with nothing below 36 in each of the four test components (listening, reading, writing and speaking) in a Pearson Test of English Academic
• an overall score of at least 169 with nothing below 154 in each of the four test components (listening, reading, w​​​​riting and speaking) in a Cambridge English: Advanced (CAE) test taken on or after 1 January 2015
• evidence of holding a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland.

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

In recent times the English requirement for visa applications has been increased after the findings of correlation between English ability and employment outcomes for new migrants. This new change is a win-win for international students and the government as students will get a try-out at working and living in Australia for a period of up to 18 months. After fulfilling criteria such as 12 months employment and better English test results, which indicates a compatibility between the graduate and Australia, the 476 or 485 visa holder can then apply for permanent visa options.

Source:

1. http://www.immi.gov.au/News/Pages/el-change.aspx

This information is accurate on the 20 April 2015

Do you need help with a Skilled Migration visa application?

At Work Visa Lawyers we are experienced in assisting applicants for the skilled migration visa applications, which include the 476 and 485 visas. We are also experienced in the employer sponsored work visas, business skills visas and family visas.

If you require further information regarding your Australia 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.

The Department of Immigration and Border Protection (DIBP) has announced that new Significant Visa (SIV) applications will be suspended from 24 April 2015 to 30 June 2015. The suspension of new applications is to facilitate changes to the complying investment framework.

What Does This Mean?

Current SIV applicants who have received an Invitation to Apply (ITA) and lodged their visa applications will not be affected by the suspension and any new rules introduced after or during the suspension. With changes upcoming it is best to lodge your SIV application as soon as possible if you have received an ITA.

While you can still submit an Expression of Interest (EOI) for the SIV uptill 23 April 2015, no further ITAs will be issued until after 1 July 2015.

More updates to follow...

This information is accurate on the 7 April 2015

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in various Australian visa applications including General Skilled, Employer Sponsored, Business Skills, Family, and Migration Review Tribunal applications. Our vast experience allows us to understand that each business setup and investment portfolio is different and thus applicants can meet visa application requirements in different ways.

If you require further information regarding your Australia 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.

ACT has announced that applications from overseas for the 190 state sponsorship will be closed on Friday, 3rd April 2015 at 5 p.m. AEST. Planning numbers for the 2014-2015 sponsorship programme has been met.

If you have a pending 190 state sponsorship application with the ACT that has not been lodged, you need to submit the application immediately. Drawing from experience with the NSW online application system, the ACT online application system may also be overloaded and users may experience problems submitting the application.

This only applies to overseas applicants. Onshore applications can still submit sponsorship applications to ACT as long as they meet the nomination requirements.

This information is accurate as on 2nd April 2015.

Source: http://www.canberrayourfuture.com.au/news/article/important-announcement/

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in various Australian visa applications including General Skilled, Employered Sponsored, Business Skills, Family, and Migration Review Tribunal applications.

If you require further information regarding your Australia 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.

Applicants for the 190 and 489 visas may have received the following email notification from case officers in the past few days:

I am writing to you regarding your application for an Australian skilled visa (subclass 190).

The visa for which you have applied is part of the Skilled Nominated category. The Migration Programme determines the maximum number of visas that can be granted in each visa category. Applications for this visa are processed in line with Migration Programme planning levels. These planning levels have precedence over indicative client service standard timeframes.

The Migration Programme planning level for the Skilled Nominated category now has limited number of places left for the 2014-15 program year. This means processing times will be longer and that once the remaining places are used, the Department cannot grant further visas in this category during this programme year.

As planning levels affect all applications, including those in the final stages of processing, I cannot give you an indication as to the likely timeframe for finalisation of your application.

In the meantime, I encourage you to continue checking the department's website (www.immi.gov.au) for any updates regarding application processing or changes to the Skilled Migration Programme which may affect you.

I appreciate your patience in this matter.

What Does This Mean?

Once planning numbers are met for the programme year, visa applications of that particular category will be deferred until the next programme year. While this delays the migration plans for applicants, it is important to know that the visa applications in progress will still be considered for processing for the next programme year.

More updates to follow...

This information is accurate on the 22 March 2015

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in various Australian visa applications including General Skilled, Employer Sponsored, Business Skills, Family, and Migration Review Tribunal applications.

If you require further information regarding your Australia 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.

The Department of Immigration and Border Protection (DIBP) has released a response to the 457 Visa Programme integrity review report today. The majority of the changes announced are expected to be implemented over the next 6 months.

Here is a snapshot of the changes announced:

• English requirements for the 457 visa applicant will be changed to overall 5.0 for the IELTS exam, with no components scoring lesser than 4.5.
• Other English exams to be accepted for the visa application will be announced next month.
• Visa charges are being reviewed and are likely to change.
• Training Benchmarks will be replaced by annual training fund contributions to the Department of Industry (possible implementation in 2016)
• Severe penalties for Business Sponsors who receive payment from visa applicants/holders in return for sponsorship and nomination.
• Validity of Standard Business Sponsorships (SBS) to be lengthened from 3 to 5 years for existing businesses; from 12 to 18 months for new businesses.

More information will be available as the DIBP gets closer to implementing the planned changes.

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

The 457 visa programme has undergone many changes as the Department tries to strike a balance between helping Australian businesses meet short-term labour needs and protecting Australian workers and their jobs. It is important for both the Business Sponsor and Visa Applicant/Holder to take note of current developments to the 457 programme to ensure sponsorship and visa obligations are complied with to avoid violation and possible sanctions or penalties.

It is noted that the changes are being implemented in the near future and the date of effect for the changes will be crucial in relation to new sponsors, nominees (position) and visa applicants.

 UPDATE

There has been plenty of responses from various parties since the annoucement was made. Here are a few of them:

"Ensuring that visa holders and sponsors are meeting their obligations will boost business and community confidence in the 457 programme."- Kate Carnell, Head of Australian Chamber of Commerce and Industry, on the announced changes

"The labour market testing regime was always flawed and we urge the government to accept the review's recommendation that it be scrapped. The testing amounts to ineffective, time-consuming red tape. Using the scheme is costly for employers and the vast majority don't recruit 457 workers unless they absolutely have to."- Innes Willox, Head of Australian Industry Group, on the Government's decision to keep the labour market testing component

"The government's proposed changes to the 457 visa scheme will improve its operation and reduce business costs, but it has missed the opportunity to do away with redundant regulation."

"It is disappointing that on Repeal Day the government has declined to support the independent review's recommendation to abolish labour market testing. This is a classic case of a regulation that adds to business costs, without improving the integrity of the scheme."- Jennifer Westacott, Chief Executive of Business Council of Australia (BCA)

Scott Barklamb, Executive Director of policy and public affairs for Australian Mines and Metals Association (AMMA) says that foreign workers played a small, but critical, specialist role in the mining industry. He too was disappointed that labour market testing was not abolished.

National Farmers Federation (NFF) president Brett Finlay welcomed the changes and mentioned that while Australian workers were the backbone of the country's agricultural sector, some farm businesses in regional and remote areas struggled to find workers with relevant skills and relied on overseas workers to fill essential roles.

Part of the announcement also mentions the re-establishment of the Ministerial Advisory Council on Skilled Migration (MACSM), which will aid to provide labour market analysis and advice on the composition of the Consolidated Sponsored Occupation List (CSOL).

It appears that many stakeholders welcomed the changes but were concerned about the continuation of labour market testing and the proposed training fund that will replace current Training Benchmarks.

 Source:

1. http://www.immi.gov.au/pub-res/Pages/reviews-and-inquiries/government-response.aspx
2. http://www.sbs.com.au/news/article/2015/03/18/457-visa-changes-announced
3. http://www.theaustralian.com.au/national-affairs/immigration/liberals-tighten-checks-on-457-visas/story-fn9hm1gu-1227267088406
4. http://www.bca.com.au/newsroom/statement-on-the-governments-response-to-457-visa-review

This information is accurate on the 22 March 2015

Do you need help with a 457 business sponsorship or visa application?

At Work Visa Lawyers we are experienced in assisting businesses and individuals in the 457 visa application process. The process is complex with many stages of work involved and we aim to simplify the application process for you and make sure the various criteria for sponsorship and visa are met.

If you require further information regarding your Australia 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.

A total of 203 visas have been cancelled by the Minister of Immigration, Peter Dutton in the past 3 months. Previously there were only a total of 372 cancellations over the period between July 2011 and July 2014¹ - a 3-year period!

With an amendment to the Migration Act in December 2014, the Minister now has the power to cancel visas of people who were:

• Involved in a serious crime – drug trafficking, sexual assaults, motorcycle gangs, etc.
• Convicted and imprisoned for 12 months or more
• In Australia on a visa and being convicted of a sexual offence against a child

The power to cancel visas allows the Minister to remove non-citizens who are in Australia and pose a threat to the Australian community. Recent visa cancellations were issued to overseas criminal offenders, biker gang members and associates, drug-related offenders and sex offenders. The Minister has mentioned that "If people have committed crimes against our country then their visas will be cancelled" and that “they should be removed from our shores as quickly as possible" in a statement to ABC News¹.

Why has there been an increase in visa cancellations?

The increase in visa cancellation numbers is a government response to national security concerns especially in the areas of organised crime and counter-terrorism. The government aims to target “organisations and individuals blatantly spreading discord and division” and “include stronger prohibitions on vilifying, intimidating or inciting hatred”².

The change in the name of the Department is also an indication of policy change. The name has changed from the Department of Immigration and Citizenship (DIAC) previously to the current Department of Immigration and Border Protection (DIBP). From 1 July 2015, DIBP and the Australian Customs and Border Protection Service will merge to form the Australian Border Force, signifying a stronger and tougher approach towards border protection³.

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

Character issues can be identified by DIBP in the following situations:

• When you apply for a visa (including renewal of your Resident Return Visa – RRV)
• When you arrive at an Australian port of entry and complete a declaration card
• When you apply for citizenship
• When you sponsor somebody for a visa (partner, family member)
• If DIBP contacts you directly about your situation
• If your legal matter goes to court and DIBP takes note of your case
• If DIBP cross checks with local police and overseas law enforcement agencies databases and identifies visa holders with criminal offences

Even though recent cancellations are focused on organised crime, sex crimes and terrorism, it is possible that any person with criminal convictions outside of these offences can have their Australian visas revoked.

With recent security concerns heightening the level of border protection, expect more cancellations to happen. It is a good idea for all visa holders and applicants to stay out of trouble with the law in order to preserve your life and residence in Australia.

Source:

1. Hundreds of convicted criminals have visas revoked under Migration Act amendment

http://www.abc.net.au/news/2015-02-24/convicted-criminals-have-visas-cancelled/6254120

2. Prime Minister Tony Abbott outlines moves to revoke foreign fighters' citizenship, crack down on 'hate preachers'

http://www.abc.net.au/news/2015-02-23/abbott-announces-anti-terror-measures/6217608

3. Department of Immigration and Border Protection

http://www.immi.gov.au/News/Pages/new-australian-border-force.aspx

4. Minister for Immigration Media Releases

http://www.minister.immi.gov.au/peterdutton/2015/Pages/Two-criminals-removed-from-Queensland.aspx

http://www.minister.immi.gov.au/peterdutton/2015/Pages/irish-criminal-removed-from-australia.aspx

http://www.minister.immi.gov.au/peterdutton/2015/Pages/crackdown-foreign-criminals-bikies.aspx

This information is accurate on the 3 March 2015

Have You Been Asked to Respond to “Character” Concerns by DIBP? Do You Need Help in Relation to Your Current Australian Visa, Applying for an Australian Visa or Citizenship?

At Work Visa Lawyers we are experienced in assisting applicants with visa applications for Skilled Migration including Independent and State Sponsored visas, state sponsorship applications, Family Migration visas as well as employer-sponsored visas. We also assist applicants who have health or character concerns in a visa or citizenship application.

If you require further information regarding your Australia 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.

RSMS 187 policy change –Australian Certificate 4 now a trade level qualification with no need for experience prior to application

The relevant DIBP policy now states:

“AQF Certificate III, IV and Diploma​ qualifications

If the applicant relies on an Australian qualification, that qualification must be as specified within the ANZSCO framework for that occupation. For example, if the nominated position were that of a cook (ANZSCO 351411), the applicant must:

• hold a relevant AQF Certificate IV or
• hold a relevant AQF Certificate III including at least two years of on the job training or
• have at least 3 years of relevant experience.”

Comments by Chris Johnston:

Have you been working as much as possible and waiting until you have two years of experience?

If you have a Certificate 4 and an employer you may be eligible to apply now.

This is great news for vocational graduates who are already in Australia.

Warning:

 This information is accurate on the 17 February 2015.  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 with Australian Migration?

At Work Visa Lawyers we are experience in assisting applicants and employers with the RSMS process. 

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.

China reduces threshold to attract more skilled migrants! Australia faces more competition in attracting skilled migrants!

A recent joint statement released by the Communist Party of China Central Committee Organization Department, the Ministry of Human Resources and Social Security and the State Administration of Foreign Experts Affairs has indicated a pursuit of overseas talent by a country that traditionally has a net emigration rate and suffers from brain drain as talents pursue employment overseas. China only makes up for 0.4% of the total immigrant population in the world according to 2013 data¹. That means out of the total 231,522,200 migrants in the world, only 848,500 are in China. Australia records 2.8% (6,468,600) while Singapore (a country that consistently attracts overseas talent to settle and accumulate human capital) records 1.0% - 2,323,300 (impressive for a country with a population of only 5.4 million in 2013 and a country land size of 718 square kilometres). The announcement shows that China is looking to amass talented professionals and perhaps prepare for a predicted global workforce crisis according to this interesting article by the Boston Consulting Group (BCG).

According to the statement China will be looking to attract overseas talent by introducing preferential policies in visa applications, residence permits, settling in China as well as exit/entry convenience that was previously strict for overseas arrivals. More details will be provided by the authorities in the later part of the year.

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

The announcement made by the Chinese authorities basically means more competition for skilled workers in the region. According to the Department of Employment total employment for Australia is projected to increase by 838,100 (7.2 per cent) reaching 12,442,700 by November 2018². Net skilled migration is required to ensure the national workforce does not shrink to meet the expected demand.

To remain attractive for overseas skilled workers to settle in Australia, the Department of Immigration and Border Protection (DIBP) may need to consider its skilled migration policy settings and requirements, as well as further improve service standards for visa applications to be processed in a timely manner. A review of the temporary work visas are already underway as highlighted in our earlier article.

Source:

From the article - China further lowers threshold to attract overseas talent

http://www.chinadaily.com.cn/china/2015-01/25/content_19401866.htm

1. Trends in International Migrant Stock: The 2013 Revision

2. http://lmip.gov.au/default.aspx?LMIP/EmploymentProjections

This information is accurate on the 6 February 2015

Do You Need Help With Your Australia Visa Application?

At Work Visa Lawyers we are experienced in assisting applicants with visa applications for Skilled Migration including Independent and State Sponsored visas, state sponsorship applications as well as employer-sponsored visas.

If you require further information regarding a review or your appeal 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.

The New South Wales (NSW) Trade and Investment Department will be implementing an invitation-only selection for its Skilled Nominated 190 state sponsorship programme starting February 2015. Here are the key points:

Candidates will be selected based on:

• highest points claimed in Expression of Interest (EOI) submitted to the Department of Immigration and Border Protection (DIBP); followed by
• level of English competency (based on acceptable English exams); followed by
• skilled employment
  If all criteria are equal, candidates will be selected based on date of submission of EOI
• Candidates must indicate interest for NSW state sponsorship in their EOI application
• Upon receiving an invitation from NSW candidates must submit an online application within 14 days
• Once state sponsorship is approved after 12 weeks, candidates lodge their visa application with DIBP as per current procedures

The NSW Trade and Investment Department will decide how many candidates to invite at an ongoing basis. The Occupation List for NSW will be published in February 2015. There are no other changes announced for the Skilled Regional (Provisional) and Business Skills visas nomination criteria at the moment.

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

It is advisable to lodge your EOI soonest as there may be many candidates tied with the same criteria being considered for the NSW state sponsorship, especially in the 65 to 70 points group.

This new process will probably be an improvement of the previous system. The previous system was very frustrating and wastes a huge amount of time. The NSW application would open for only a few hours before being filled. The time pressure and large number of applicants would overwhelm the system, adding more confusion.

While the new process would be smoother, the underlying problem will remain. NSW only has a small number of state nomination positions for the entire programme year (4,000 places for 2014-15). NSW is the most populous state in Australia with a population of over 7,439,000 people so demand will be greater than supply. I would estimate that over 15000 or more candidates will be competing for the positions. It will still be very difficult to get NSW nomination for many.

As such visa applicants are urged to consider all other alternatives available for them to proceed with a visa application. You can read about possible alternatives here. The state of South Australia has unique and interesting options for state sponsorship as well that are worth considering.

Source:

NSW Trade and Investment website

http://www.trade.nsw.gov.au/live-and-work-in-nsw/visas-and-immigration/skilled-nominated-migration-190/nsw-nomination-process-in-2015

This information is accurate on the 3 February 2015. State sponsorship requirements and DIBP visa application criteria can change and all current requirements must be established prior to lodging an application.

Do You Need Help?

At Work Visa Lawyers we are experienced in assisting applicants with visa applications for Skilled Migration including Independent and State Sponsored visas, state sponsorship applications as well as employer-sponsored visas.

If you require further information regarding a review or your appeal 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.

New Fees Applicable for Immigration SA State Sponsorship Applications

Immigration SA has announced that there will be fees chargeable for SA state sponsorship applications starting possibly as soon as 16 March 2015. Below is the email notification sent by Immigration SA:

Comments by Chris Johnston – Principal Lawyer at Work Visa Lawyers:

It seems to be a regrettable trend that DIBP and State agencies are raising their fees.

In the short term, one response to the Immigration SA fees could be to try to lodge an application before the fees come into play, after the 15 March 2015.

Source:

Immigration SA Newsletter

http://us8.campaign-archive2.com/?u=20d640fb2433c8647afb2f3b2&id=9cd137cbf4&e=74bc89fd9d

This information is accurate on the 22 January 2015.  DIBP and Immigration SA 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 experienced in assisting applicants with visa applications and state sponsorship applications such as skilled visa and business visa nominations.

If you require further information regarding your current 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.

WHICH ENGLISH TEST IS THE BEST FOR AUSTRALIAN MIGRATION?

2018 IELTS UPDATE: IELTS now offering computer-delivered English tests for visa applicants in AustraliaIELTS now offering computer-delivered English tests for visa applicants in Australia

New tests are available for Australian Migration, giving you more options!

Since 23 November 2014 the Department of Immigration and Border Protection (DIBP) has accepted other forms of English tests other than IELTS and the OET for Temporary Graduate, Skilled, Former Resident and Work and Holiday visa applications.  In our earlier article we mentioned that in addition to IELTS and OET, applicants can now use TOEFL and PTE Academic for visa application purposes (CAE to be accepted 1 Jan 2015 onwards).  Click here for our earlier article regarding the newly accepted English exams and the relevant scoring benchmarks.

So applicants now have options to the type of English exam they wish to take for their visa application. 

The options include:

• IELTS
• TOEFL iBT
• Pearson - PTE Academic
• Cambridge English: Advanced (CAE)

WHICH ENGLISH TEST is Easiest and Best for You?

Are all the English exams the same? 

Are the structures of some exams more compatible for the person taking the exam? 

TOEFL is all done talking to the computer, whereas IELTS is paper based for writing and you have to speak to a person.

Watch this video of a student who have done all the different exams and what he thinks about them.  You can hear him speak about the differences between TOEFL and IELTS at the 3:31 mark: 

“I scored much better on the TOEFL test than I did the IELTS. So the difference was quite big.  So apparently for me the TOEFL was better.  So for the IELTS test I had an overall average of 7.5... For the TOEFL test I scored...  for the internet based test I scored 114 out of 120”

Another video provides more details on the preparation for the exams (2:55 mark):

“These (preparation leaflets) are very important because they really give you... put you at ease when you are in front of the exam so I would really recommend reading those. So even if you don’t really prepare your English at least you prepare the way you have to take you exam so that would help you a lot.”

On the exam format (6:34 mark):

“... in TOEFL lots of it were in multiple choice except for the writing section and in the IELTS you have to write even when you are listening and also when you are reading you have to write...”

For a detailed description of the exam formats and differences you can watch this video and find out what tasks await you in the different exams.  There are also many tips and video guides on specific sections for the exams on YouTube.  You can also find more descriptions online for the other English exams such as Cambridge English: Advanced (CAE) that is now accepted for visa applications.

Now that you know the exams are different, do find out and try the specimen exam materials for the different tests to see which suits you better.  Complications in fulfilling the English requirements can delay your visa application and affect your eligibility.  Act now to find your best English test and obtain the scores required to start your new life in Australia!

Comments by Chris Johnston – Principal Lawyer at Work Visa Lawyers:

With the recent opening of new test for many Australian visas, I have spoken with many of my client’s.  Some are sticking with the IELTS as they are used to its structure. 

There is also strong interest in the TOEFL IBT due to it being done on a computer at a testing centre.  I will do further blogs in which I comment on the feedback provided by my clients about which test they prefer.

Source:

From Fulbright Belgium

Applying to US Universities: Comparing the GRE, GMAT, TOEFL and IELTS Tests

https://www.youtube.com/watch?v=agBQrQOWPAo

TOEFL vs IELTS: Comparing English Language Proficiency Tests

https://www.youtube.com/watch?v=yk2hMlRW99g

TOEFL - IELTS: Compare TOEFL vs IELTS and take the right one https://www.youtube.com/watch?v=2CFBXg4H3fU

Warning:

 This information is accurate on the 11 January 2015.

Do You Need Help with Australia Migration?

At Work Visa Lawyers we are experienced 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.

 The price of assisting your fiancé, de facto or married partner to obtain an Australian residence visa is getting costlier.  The Department of Immigration and Border Protection (DIBP) has announced an increase in visa application charges (VAC) for partner visas.  The 50% VAC increase will be effective 1 January 2015.  Here are the numbers:

• Offshore provisional and permanent partner visas - currently $3085 increased to $4630.00
• Prospective marriage visa - currently $3085 increased to $4630.00
• Onshore temporary and permanent partner visas - currently $4575 increased to $6865.00

This move is expected to provide DIBP with an additional A$373.6 million over four years, for the purpose of funding whole-of-government policy priorities.

At the same time DIBP has announced a planned increase in the intake of refugees for the year 2017-18.

What Do We Think

• The significant increase of 50% in the VAC is in effect a punishment for Australian citizens and permanent residents who have partners from overseas
• There is no promise of better service or shorter process times to go with the increase in fees.  Rather it is 50% higher fees at the same level of service.  From the date of application partner visas currently take approximately 1 year to be granted
• Bringing a partner in to Australia to start a family and contributing to the planned population growth will be more difficult financially

(net overseas migration currently contributes to 60% of Australia’s population growth)
Source: DIBP Fact sheet 15 - population growth

• The VAC increase is similar to what Skilled Migration applicants experienced in July 2013 when fees were changed to charge per person instead of per family application.  Read our previous article here

What Can You Do

• If you intend to apply for a partner visa, submit your visa application before 1 January 2015 to avoid the VAC increase
• If you need information about your current situation and to find out which visa is best for you to bring your partner into Australia, contact a Registered Migration Agent now

Source:

DIBP Website

http://www.immi.gov.au/News/Pages/increase-in-partner-vac.aspx

https://www.immi.gov.au/media/fact-sheets/15population.htm

SBS Website

http://www.sbs.com.au/news/article/2014/12/15/govt-cash-visas-foreign-love

This information is accurate on the 16 December 2014.  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 experienced in assisting applicants with the Family Migration Stream which includes Partner Visa applications.  We can also assist with Skilled Migration visa applications for candidates looking for other options.

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.

The Department of Immigration and Border Protection (DIBP) has announced a change in the Temporary Work (Short Stay Activity) visa (subclass 400) where visa applicants may apply for a stay period of up to six months upon first entry. A strong business case is required when applying for stays longer than three months. Factors to be considered for the grant of stays longer than three months include:

 · satisfying Australian workplace standards and not adversely affecting Australian workers

 · details about the project and potential adverse effects to the Australian community and people should the project fails to be implemented

 · evidence that there are local shortages of specialised skills possessed by the applicant

 · inability and difficulties faced by the employer in hiring Australians to fulfil a contracted work

 · number of Australians employed by the business or project

 · time available to train an Australian to implement and complete the proposed work or project over a longer timeframe

The time given to enter Australia upon visa grant is now six months.

Source:

DIBP Website

http://www.immi.gov.au/visas/pages/400.aspx

This information is accurate on the 15 December 2014.  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 experienced in assisting applicants with the Business Sponsorship, Nomination and Visa Application for the subclass 457 and 400 visas.  We can also assist with the SkillSelect visa options for candidates.

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.

Change on South Australian State Nominated Occupation Lists

The Status of the occupation ‘Corporate Services Manager’ has been updated to medium availability.

So if you want to do a state nominated 190 or 489 application for Corporate Services Manager, you should get in quick while it is still on the list.

Source:

Immigration SA:

http://www.migration.sa.gov.au/skilled-migrants/state-nominated-occupation-lists

This information is accurate on the 13 December 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 experienced 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.

Yeah!  New English Tests now acceptable for many Australian visa applications - TOEFL iBT and PTE Academic witn CAE to follow in January!

The Department of Immigration has been sending this news release out today:

“Expansion of three additional English language tests across visa programmes from 23 November 2014

From 23 November 2014 the department will accept test scores from two additional tests to IELTS across the Temporary Graduate, Skilled, Former Resident and Work and Holiday programmes. These are the Test of English as a Foreign Language internet-based test (TOEFL iBT) and the Pearson Test of English (PTE) Academic. The department will also accept scores from the Cambridge English: Advanced (CAE) test undertaken from 1 January 2015. Further information about these alternative tests is available from the department’s website www.immi.gov.au/News/Pages/aelt.aspx.

The department will not accept test scores from TOEFL iBT, PTE Academic or Cambridge English: Advanced (CAE) tests for Temporary Work (Skilled) (subclass 457) visas as evidence of English language ability.”

Here are the English Score Equivalencies in a Table

*From 1 January 2015 and only for a Cambridge English: Advanced (CAE) test taken on or after 1 January 2015.

Sources:

DIBP website:

http://www.immi.gov.au/News/Pages/aelt.aspx 

Warning:

 This information is accurate on the 24 November 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 with  Australia Migration?

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.