In early 2023, regional migration visas in Australia were under a cloud of uncertainty. The Parkinson Report Migration, released in March 2023, failed to offer any guidance or support for regional migration options.

The final report suggests a recalibration of the skilled points test and even proposes the removal of points for regional study. It states, “In conjunction with this measure, existing regional concessions in mainstream permanent phases, such as additional points for regional study, could be removed to ensure those programs are strongly focused on selecting migrants who will best meet national economic objectives.”

Additionally, state nomination applications in Australia across all states were reduced by 70% from July 1, 2023, marking a significant downturn in the 2023-24 financial year.

However, early 2024 has seen positive developments in regional migration policy.

Migration Policy Developments 2024

Regional employer-sponsored nominations visas such as 482, 186, 494, and DAMAs are now the top priority in ministerial processing directives. This means they are processed above all others, including professions in teaching and health that were previously given high priority.

This shift demonstrates the Federal Government is encouraging migration to regional areas.

The new Skills in Demand Visa Australia includes an "Essential Skills" category visa for lower-skilled occupations, such as carers, with potential salaries below A$70,000. These visas aim to supply workers to regional areas for both caregiving and agricultural roles.

For the 2024 to 2025 financial year, skilled points visas, including the 189, 190, and 491 visas, will remain unchanged. The 491 Visa, designed for regional areas, continues to be available, dispelling rumors of its abolition in the Migration Review.

Click here to read more about the Skilled Work Regional 491 Visa.

Why is regional migration regaining favour?

Several factors are at play, including a strong demand from industries and communities in regional Australia for migrants. Furthermore, the housing crisis has prompted the federal government to encourage migration away from Australia's largest cities, Melbourne, Sydney, and Brisbane.

How can Work Visa Lawyers help?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your potential application(s).

Based in Adelaide, South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

For visa application assistance in Australia, you can book an appointment online or call us at (+61) 8 8351 9956.

Sources:

https://www.homeaffairs.gov.au/reports-and-publications/reviews-and-inquiries/departmental-reviews/migration-system-for-australias-future

https://www.homeaffairs.gov.au/reports-and-pubs/files/review-migration-system-final-report.pdf

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/skilled-visa-processing-priorities

People worldwide choose Australia as a destination for their education, and with our prestigious universities and glorious climate, it’s easy to see why. 

But how do you pick where in Australia to study? It depends on the purpose of your study; within the scope of this writing, we only talk about the migration side and its work-life balance for international students who decide to settle down in Australia.

Let’s look at what the different states and territories have to offer.

The Criteria we are considering includes:

• Migration pathway (Visa streams like Skilled Visa program 189, 190 and 491, Employer Sponsorship, global talent visa…)
• Top ranking universities or institutions
• Cost of living
• Work opportunities and Salaries
• Lifestyle

Most international students come to Australia and choose Australia as their destination by attaining a permanent residency and Australian citizen.

There are extra incentives built into the Australian immigration system for those who study and live In regional areas.

These include:

• Extra 5 points for skilled migration
• Extra year for post-study work visa 485 for those who study an eligible course in regional areas
• More generous skilled occupation list for 491 visas in regional states and territories (491 visa is a 5-year temporary visa with a direct pathway to Australian permanent residency)
• Lower requirements for state nomination and skilled migration pathway

In terms of migration pathways, you should consider an employer sponsorship program. Employer sponsor migration relies on there being an employer that is willing to sponsor you for a visa.

An employer-sponsored visa to Australia is one great option for businesses to fill the skills or labour shortage in Australia. For the skilled visa holder, it is a great opportunity to come to Australia either temporarily or permanently. With someone who were in Australia during the pandemic, an employer-sponsored visa 482 can give you pathway to PR 186 visa 

However if you meet the eligibility criteria for it, the Global Talent Visa can be an even more attractive option than an employer-sponsored visa.

This is because of several factors including career flexibility, skills assessments, and age and language requirements.

Nevertheless, each visa stream has its own advantages and disadvantages for both employers and applicants. 

This article will discuss about the positive points of both the global talent visa and the employer sponsorship program.

Read more about the new visa 482 Employer Sponsored short-term to PR in 2022>

Career flexibility - No specific Occupation List for Global Talent Visa 858

Global Talent Visa is not an employer-sponsored visa. As a Global Talent Visa holder, you have the freedom to change jobs or roles, set up your own company or be self-employed. Even if you have to leave your job and be unemployed for some reason (like starting a family) you won't lose your visa.

For some employer-sponsored visas such as the Temporary Skill Shortage Visa (subclass 482) you have to work for the employer who sponsored you unless your occupation is one of the exempt occupations (such as a high-level, specialist medical professionals).

There are also employer-sponsored visas like the Regional Sponsored Migration Scheme (RSMS) (subclass 187) visa which require you to work in regional areas. There is no such requirement for the Global Talent Visa.

You can also work in a variety of occupations within your specialisation in designated Target sectors. For employer-sponsored visas, your occupation must be listed in the relevant skilled occupation lists.

No skills assessment for Global Talent Visa 

To be eligible for the Global Talent Visa, you have to :

• Be internationally recognised with evidence of outstanding achievements;
• Be currently prominent in your field of expertise and must provide evidence that you would be an asset to Australia.  You can provide evidence such as industry awards, media articles, research, publications and the like. 

A lot of PHD students have found that Global Talent Visa is their main Permanent Residency pathway without complicating process like General Skilled Migration. Because they can satisfy the part of internationally recognised evidence.

Moreover, you do not have to provide a skills assessment issued by the relevant skills assessing authority for your occupation.

Low English language's requirement for Global Talent Visa

The English language skill required for the Global Talent visa is only “functional English”, that is if you are taking the IELTS test for example, you only need an average band score of at least 4.5 based on the 4 test components. If you or any secondary applicant can not meet the required English language skill, you need to pay the second visa application charge before the visa can be granted.

For the employer-sponsored visa, RSMS (subclass 187) the English language skill required is “competent English” which is, for an IELTS test, getting a score of at least 6 for each of the 4 components.

NO age limit for Global Talent Visa applicants 

Unless an exemption applies, the age limit for the RSMS and the Employer Nominated (subclass 186) visas is 45 years old.

For the Global Talent Visa, there is no age limit but if you are over 55 years old you have to prove that you can bring exceptional economic benefit to Australia.

Faster processing times for Global Talent Visa 

The Global Talent Visa is a fast-tracked pathway to permanent residency, with visas being granted anywhere from 2 months to 4 months. Note though that it may take weeks or even months to get the invitation to apply for the visa.

Generally, however, the processing times for the Global Talent visa are still shorter than the RSMS and the ENS visas.

The current processing time for permanent residence employer-sponsored visas such the RSMS (Direct Entry Stream) is between 35-45 months, and for the ENS (Direct Entry Stream) it is between 6-11 months.

No Cost for Global Talent Visa in terms of sponsorship

While the Global Talent Visa applicant may get a job offer from an Australian organisation, the prospective Australian employer will not incur costs to become an approved sponsor, apply and pay for the nomination and pay the Skilling Australians Fund levy.

In short, if you are an exceptional talent, the Global Talent might be for you.

To check your eligibility, you can take our quick and free Global Talent assessment here.

Employer Sponsorship program and its benefits to employers and applicants

Even though Employer sponsorship program has a specific skilled occupation lists, the list has wide veriety of occupations which Global Talent Visa program does not have such as: Trades occupations (Motor mechanic, Chef, Cook, welder, electrician...), Professional occupations ( marketing specialist, financial broker...) or General practitioner, Hospitality (cafe or restaurant manager)

The big difference that distinguish applicants for global talent visa program from employer sponsorship program applicants is the High Income Threshold currently set at 158,500 AUD. This is a very high salary requirement which most applicants do not meet.

There are also a lot of applicants who have put it the expression of interest in the Global Talent Visa and they are not being considered in a timely manner. 

The processing time of Global Talent Visa program could meet some delay because of its popularity in 2022, it sometimes takes 6 to 12 months to process.

On the other side, Employer Sponsored Visa could be quicker to get someone into Australia and start working for the company. 

 For someone who were in Australia during the pandemic, a new visa 482 short-term pathway to PR 186 visa could be a good option for skilled workers who are finding a way to get 491 nomination.

Read more about new visa 482 changes in 2022 here>

Author:

Rosa Torrefranca, Immigration Lawyer at Work Visa Lawyers

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Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

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

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Disclaimer

This information is correct at the time of publication but is subject to change without notice.  All information provided on this page is provided for purely educational purposes and does not constitute legal advice.  For advice on your situation, please speak with an Immigration Lawyer or a Registered Migration Agent.

This post was last updated on April 14, 2020

We write this post with a very heavy heart for all the employers who have to make the most difficult decision of all, whether to continue to employ people or let them go and place them in unemployment.

As we are now in the second month of what is unprecedented dual health and economic impacts sweeping across the globe the coronavirus COVID-19 pandemic has immediately affected the very way businesses and people interact with each other.

The recent Australian Government emergency announcements touch on every part of society. From an Australian Migration perspective, across the board, there are difficulties faced by employer sponsors and employees that are sponsored; there are difficulties faced by families that are separated by distance or face uncertainty regarding their visa status as borders lockdown and flight schedules continue to be cancelled; and there are a whole host of temporary visa holders who do not have the protections from the Australian Government that ordinary Australian Citizens and Permanent Residents have access to.

In an announcement from the office of The Hon Alan Tudge MP Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs on April 4, 2020 The Federal Goverment answered our question:

"While citizens, permanent residents and many New Zealanders have access to unconditional work rights and government payments

(including the new JobKeeper and JobSeeker payments), temporary visa holders do not. " Source: https://minister.homeaffairs.gov.au/davidcoleman/Pages/Coronavirus-and-Temporary-Visa-holders.aspx  

We are here to answer your questions about the Skilling Australians Fund levy

It was recently announced by the Premier of South Australia, Steven Marshall, that the state would be home to the latest Mortal Kombat film production. Using the facilities at Adelaide Studios, the production is expected to generate 780 jobs and inject $70 million into the local economy.

Government Targets Vulnerable 457 visa holders. Condition 8107 changed by slashing time 457 holders have to find a new employer from 90 to 60 days!

Change to Condition 8107 on 457 Visa:

The Government has changes Migration Regulations by amending condition 8107 to provide that a 457 visa holder can only cease employment with an approved sponsor for 60 days.  The relevant section used to provide that the holder could cease employment for 90 days.

The regulation now provides:

“8107 3(b)  if the holder ceases empl​oyment — the period during which the holder ceases employment must not exceed 60 consecutive days”

The effect of this change is that if a 457 visa holder loses their job, then now only have two months for find a new employer and get a nomination approved to work for that employer.

Processing time for a decision upon a 457 Nomination

Processing standards quoted by DIBP are currently 40 working days until allocation to a case officer, which if you also count the weekends, is about 56 calendar days until first allocation.  

But part of the DIBP integrity push is that they almost always ask for evidence of genuine position for a nomination, which will then start the request further information (RFI) - a cycle which usually takes 28 days at a minimum.

So with one request, the timing to a decision on a nomination is 56 plus 28 = 84 days for a nomination decision with one request.

Sources:

1. Migration Legislation Amendment (2016 Measures No. 4) Regulation 2016, https://www.legislation.gov.au/Details/F2016L01696

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

This policy will make it practically impossible for most 457 visa holders to find a new position and to stay in Australia if they lose their job.

The timing was already very difficult when only three months (90 days) were allowed.

One of the big problems facing the 457 holder is the time that it takes for DIBP to make a decision on a 457 nomination.  

So even if you find a new employer on the day you lose your 457 job, you will most likely not be able to get the nomination approved in 60 days.  So the 457 holder will be exposed to having their visa cancelled.

There have been a number of policy changes to try and increase the integrity of the 457 program.  Many of these policy changes have been targeting potential abuses by employers. For example the no payment for migration outcome regulations.

This current initiative will actually increase the power of employers and make 457 visa holders more vulnerable to threats.  457 holders will know that the possibility of finding a new sponsor in 60 days and getting then nomination approved is low. So 457 holders may be forced to stay with the current employer.

This information is accurate on 02 November 2016

Do you need help with an Australian visa application?

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

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

(08) 8351 9956 or +61 8 8351 9956

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 Happy New Australian Migration Programme Year 2016-17!News for Accountants, Registered and Enrolled Nurses, Student Visas and more!

The 1^st of July each year ushers in the new migration programme year for Australia. Here are some of the highlights of the past programme year in 2015-16 and what to look forward to in 2016-17.

• Student Visas to be reduced to TWO categories
• Processing times for Partner visa and RSMS visa applications getting slower
• New Occupation Lists (SOL & CSOL) and Occupation Ceilings announced
• Confusion to Occupation Ceiling for Accountants
• ANMAC now accepts PTE Academic and TOEFL iBT for skills assessment for nurses
• Visa scams in the media

Student Visas to be reduced to TWO categories

From 1 July 2016 student visas will be reduced to 2 categories to simplify the application procedure and processing of student and student guardian visas. All student and student guardian visa applications not lodged or paid will be removed from the online system. New application forms will need to be completed for applications lodged on or after 1 July 2016.

The financial capacity requirements will be increased on 1 July 2016 as follows:

Student: $19,830

Student Guardian: $19,830

Spouse or de-facto partner of student: $6,940

Any dependent children: $2,970

For more detailed information you can refer to our earlier articles here and here.

Processing times for Partner Visas and RSMS Visas getting slower

During the 2015-16 programme year it has been noted that processing times have gotten longer for partner and employer sponsored RSMS visa applications. This has created a lot of frustration for applicants but the delay in processing also means that applicants need to ensure the visa criteria are met at the time when the case officer starts to process the visa application.

In the case of a partner visa application where a case officer is allocated only 14-18 months after lodgement, the case officer will usually ask for evidence to show that the relationship is still genuine and ongoing 14-18 months after the lodgement of the visa application. This means that the applicant and partner should continue to collect and compile evidence of their relationship even after the application was lodged.

Work Visa Lawyers advises applicants to be diligent and patient in waiting for the visa outcome as there are no signs that processing times will be getting shorter.

New Occupation Lists (SOL & CSOL)  and Occupation Ceilings for SkillSelect

The Department of Immigration and Border Protection (DIBP) has released the occupation lists for the programme year 2016-17. The new Skilled Occupation List (SOL) and Consolidated Skilled Occupation List (CSOL) did not provide any surprises.

Occupations moved from SOL to CSOL

233611  Mining Engineers (excluding Petroleum)

233612  Petroleum Engineers

234912  Metallurgists

251311  Environmental Health Officers

251312  Occupational Health & Safety Advisers

411211  Dental Hygienists

411212  Dental Prosthetists

411213  Dental Technicians

411213  Dental Therapists

Occupations added to the SOL

251912  Orthotist or Prosthetist

252711  Audiologists

For more details about the SOL and CSOL, please refer to our article here.

Occupation ceilings were also announced by DIBP for the new programme year. An occupation ceiling is a limit on the number of invitations that can be issued through SkillSelect each year.

An occupation ceiling is applied to:

• Skilled independent visas (subclass 189)
• Skilled regional sponsored visas (subclass 489)

You won’t be invited to apply for one of these visas if your occupation has reached its ceiling.

From the planned occupation ceilings the following are noted:

• ANZSCO Group 2713 Solicitors’ occupation ceiling has changed from 3252 to 5154 places
• ANZSCO Group 3421 Air-conditioning and Refrigeration Mechanics' ceiling has changed from 1038 to 1701 places
• ANZSCO Group 1332 Engineering Managers register an increase in places from 1014 to 1407
• ANZSCO Group 2332 Civil Engineering Professionals has decreased from 2970 places to 2174
• ANZSCO Group 2539 Medical Practitioners also register an increase from 1000 to 1315 places
• ANZSCO Group 2211 Accountants remain approximately the same at 2500 places
  

For more details about the occupation ceilings and what it means for you, refer to our article here.

Confusion to Occupation Ceilings numbers for Accountants

There was some confusion earlier as the occupation ceiling for Accountants were listed at 4777 places. This has since been clarified by the Migration Institute of Australia (MIA) to be inclusive of all other programmes, such as employer sponsored visas. For SkillSelect the places for Accountants are now listed at 2500 places.

Based on Invitation to Apply (ITA) selection results the points required to receive an ITA as an Accountant remain high with a minimum requirement of 65 points.

ANMAC accepts PTE Academic and TOEFL iBT for skills assessment English requirements

From 1 July 2016 the Australian Nursing and Midwifery Accreditation Council (ANMAC) will accept PTE Academic and TOEFL iBT English test results for the purposes of skills assessment. More information is available here.

Visa scams in the media

Australian visas have been in a bad spot in the past year, with news media reporting abuses by employer sponsors and visa applicants on temporary work visas and student visas. From the 7-Eleven reports to suspicious education institutes and most recently the alleged corrupt activity within the DIBP, the image of the Australian migration systeme has perhaps been more negative in recent times.

This week there has been the release of an investigation by 7.30 and Fairfax media in relation to allegations that the "Immigration Department chief Michael Pezzullo has referred 132 cases of suspected corruption inside the department to the national corruption watchdog".

The scandals regarding the exploitation of student visa holders and other negative finding is having effect on the visa processing side of things.  The temporary work visas such as the 457 visa and other employer sponsored visas such as the RSMS subclass 187 visa are being assessed in great detail by the Department.

Changes have also been introduced to the employer sponsored visa programme, such as introducing criminal and civil charges for abuse of the programme. It is advised that the visa applications submitted should be complete and supported by sufficient evidence to prevent possible delays or refusal.

Sources:

1. https://www.border.gov.au/
2. https://www.border.gov.au/Trav/Work/Work-1
3. http://www.abc.net.au/news/2016-06-27/corruption-and-widespread-rorting-undermining-immigration/7537270

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

The new migration programme year is perhaps the best time to submit a visa application. Planning numbers and occupation ceilings are not filled, while state sponsorship places are usually available (but not for long) for various occupations. If you have a visa application prepared, it is best to submit it as soon as possible in the new financial year.

Also to note is that there has not been any visa application fee (VAC) increases as of 1 July 2016. This may change once the Australian elections are complete and parliament resumes to pass bills to increase visa application fees. However you are advised to ensure your application is complete and meets all criteria before lodgement. You can engage the services of a Registered Migration Agent in preparing a complete visa application.

This information is accurate on 1 July 2016

Do you need help with an Australian visa application?

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

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

(08) 8351 9956 or +61 8 8351 9956

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

In our earlier blog looking at the year 2015 in review, it was mentioned that the Department of Immigration and Border Protection (DIBP) has introduced measures to penalise activities and arrangement in relation to “Payment for Visas”. On 4 December 2015, the Australian Federal Parliament passed the bill for the Migration Amendment (Charging for a Migration Outcome) Act 2015. New criminal, civil and administrative sanctions, and visa cancellation provisions were introduced on 14 December 2015.

The range of actions that can be taken by the DIBP extends to visa applicants, business sponsors and related third parties (such as migration agents) who participate in a payment-for-visa scheme. The severe penalties include:

• Criminal penalties punishable by a maximum of 2 years imprisonment or a fine equivalent to $64,000 for an individual person or $324,000 for a body corporate
• Civil penalties applicable to the sponsor, visa applicant or other third party who received or provides or offers a benefit related to a sponsorship related offence will equate to $43,200 for an individual person or $216,000 for a body corporate
• Provisions for the DIBP to consider cancellation of visas granted to applicants who engage in payments-for-visas conduct

The “payment” in reference includes benefits other than monetary payments. This new legislation will affect the 457 work visa, the Employer Nominated Scheme (ENS) 186 visa and the Regional Sponsored Migration Scheme (RSMS) visa.

Will it affect my 457 visa?

Yes it could if you paid your sponsor! If you paid for sponsorship your visa could be cancelled! The new Bill introduces a discretionary power to consider cancellation of a temporary or permanent visa where the visa holder has engaged in a "payment for visa" conduct.

You can obtain more information about the newly announced measures at the DIBP webpage here.

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

The measures introduced are part of the recommendations that were tabled in the 457 visa programme integrity review released by the DIBP. The penalties and powers granted to the DIBP demonstrate a strong intention to protect the integrity of the temporary work visa programme.

Even without the fear of punishment and penalties, individuals and businesses should be vigilant and avoid visa scams as they become a source of exploitation of the system and genuine overseas workers. The power to cancel a visa that was granted based on a payment-for-visa scam is a concern for those who have already paid for sponsorship before the Bill came into power.

This information is accurate on 18 December 2015

Source:

1. http://www.border.gov.au/Trav/Work/Work-1

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.

From the Independent Review of the integrity of the subclass 457 visa programme completed in March this year, it has been discovered that there are employees and employers who are engaged in a “Payment for Visas” arrangement. Typically what happens is that employers are offered a payment in return for agreeing to sponsor an overseas worker to obtain a 457 work visa to enter Australia.

The Migration Amendment (Charging for a Migration Outcome) Bill 2015 will introduce fines or imprisonment for such offenders. It will become a criminal offence for a sponsor or a third party to ask for or receive a benefit from a visa sponsorship. The punishment is set to be a maximum of 2 years imprisonment or a fine equivalent to $64,000 for an individual or $324,000 for a corporate body.

In addition to criminal charges, civil penalties will also be applicable to the sponsor, visa applicant or any third party who received or provided payments or benefits in relation to a sponsorship for a 457 visa. Fines are set at $43,200 for individuals and $216,000 for corporate bodies.

The negative consequence for the visa applicant is that their 457 visas can be cancelled based on discretionary powers introduced by the amendment to consider cancellation of visas. Therefore as long as you are involved in a “Payment for Visas” scheme your visa may be cancelled and you will be asked to leave Australia.

On a separate note the government has introduced more measures to educate temporary visa workers about fair working conditions and protection from abuse in Australia. Assistant Minister for Immigration and Protection, Senator the Hon Michaelia Cash issued a statement announcing the measures and also the need for overseas temporary workers to identify unfair employment conditions such as low wages, discrimination, bullying and harassment.

The Pay and Conditions Tool (PACT) is available at calculate.fairwork.gov.au and all workers can check their pay using the tool.

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

The 457 and other work visa programmes such as the Regional Sponsored Migration Scheme (RSMS) subclass 187 visa and the Employer Nomination Scheme (ENS) subclass 186 visa have had problems such as:

• sponsorship by the employers were not genuine
• employers and/or employees did not fulfil the obligations as stipulated in the sponsorship

Such cases used to have the Department of Immigration and Border Protection monitor and sanction the sponsoring business if they are found guilty of not fulfilling the sponsorship obligations, including offences such as deducting pay from employees for the sponsorship. With the new and tougher punishments, employers will now need to ensure that they are not abusing the system to make unlawful gains for sponsoring an overseas worker to come to Australia.

Sponsored employees should also not partake in such “Payment for Visas” arrangement as they can now be fined and have their visas cancelled by the Department. If you are caught in such a situation you need to check with a Registered Migration agent about the visa conditions and obligations you need to fulfil.

This information is accurate on 18 September 2015

Sources:

1. http://www.minister.border.gov.au/michaeliacash/2015/Pages/legislation-outlaws-payment.aspx
2. http://www.minister.border.gov.au/michaeliacash/2015/Pages/know-your-work-rights.aspx
3. http://www.mia.org.au/documents/item/750
4. https://calculate.fairwork.gov.au/

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.

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 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.

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.

2018 UPDATE

Notice: The 457 visa is no longer being granted and was replaced by the 482 visa. 

Top 10 Facts You Need to Know About the New Australian 482 Visa

Video: Top 10 Facts You Need to Know About the New Australian 482 Visa

 Introduction to the 457 visa

Subclass 457 visa is the most common Temporary Work visa. The duration of the visa is for up to 4 years. You can bring your family with you to Australia. Your family can live, work or study for the duration of your visa.

The first requirement to apply for this visa is a Business who is ready to Sponsor you to work for them. The Business should be able to satisfy the Standard business Sponsor requirements discussed later in the Blog. Secondly, you as an applicant should have the required qualifications, work experience and English proficiency.

10 things to know about when applying for a 457 visa – Australia’s most common temporary work visa

1.    Three stages of the 457 application: Subclass 457 is applied in three stages:

i.        Stage 1 - Sponsorship: The Business has to apply for approval as a ‘Standard Business Sponsor’ to DIBP. The business will need to meet a range of criteria including active operation and Training Benchmarks.

ii.        Stage 2 - Nomination: Once the business is approved as a ‘Standard business Sponsor’, a nomination application is to be lodged to the DIBP which will identify the position that is to be filled and key features of the position.

iii.        Stage 3 - Visa: This is the third and last stage of the 457 application. The applicant applies for a visa and must have the required qualification or skills and English.

2.    Training benchmark A and benchmark B: This is one of the requirements of the business to become a Standard Business Sponsor. The Business has to fulfil either of the two benchmarks at the time of applying for the Sponsorship application (Stage 1):

i.        Benchmark A – Business has paid 2% of the total wages paid to its employees in the last 1 year to an Industry Training fund. This Industry Training Fund should be relevant to the employer’s business.

ii.        Benchmark B – Business spent 1% of the total wages paid to its employees in the last 1 year to train the Australian employees. Australian employees include employees of the Business who are either Australian citizens or Australian Permanent Residents.

3.    Do you have an accepted occupation?

Nominated Occupation must be on the CSOL: The occupation of the applicant should be on the Consolidated Skilled Occupation List. This list can be found on http://www.immi.gov.au/work/pages/skilled-occupations-lists/skilled-occupations-lists.aspx

Top 10 occupations for a 457 visa are:

·         Cook (ANZSCO: 351411)

·         Cafe or Restaurant Manager (ANZSCO:141111)

·         Developer Programmer (ANZSCO: 261312)

·         Marketing Specialist (ANZSCO: 225113)

·         University Lecturer (ANZSCO: 242111)

·         General Practitioner (ANZSCO: 253111)

·         ICT Business Analyst (ANZSCO: 261111)

·         Accountant (General) (ANZSCO: 221111)

·         Mechanical Engineering Technician (ANZSCO: 312512)

·         Customer Service Manager (ANZSCO: 149212)

There are currently 651 occupations on the CSOL. So it is worth checking if yours is on the list.

Do you need help establishing the most appropriate occupation? Call us.

4.    Nomination requirements include meeting TSMIT, Market salary and LMT:

 TSMIT (Temporary Skilled Migration Income Threshold): This is the income threshold that is set by the DIBP. Currently the TSMIT is set at $53,900 (please check the figure before you apply as it is subjected to change). Business has to pay a yearly salary of equal to or more than this amount to the applicant to meet the TSMIT requirements.

Market Salary: Market salary is the salary that is being paid to employees with similar occupation in the market. It must be more than TSMIT. Business has to pay a salary equal to or more than the market salary to the applicant.

Please note: The salary to be paid to the applicant should be equal to or more than TSMIT and equal to or more than the market salary for the nominated occupation.

LMT (Labour Market Test) may be required: Business may be required to provide evidences that they tried to fill the nominated position with an Australian employee and that the Business advertised the position in last 1 year but could not get a suitable candidate for the position.

5.    Visa applicant must have required skill and English: The visa applicant should hold skill and work experience in the nominated occupation in some cases. If the nominated occupation is a Trade occupation, applicant may require a Skill assessment from the Trade Recognition Australia (TRA). The nominated occupation may have Registration and Licensing requirements as well.

Visa applicant will need to meet English requirements or an exemption: The visa applicant is required to score 5 bands in each module in IELTS or a score “B” in each of the four components in OET. Applicant may be exempted from this requirement if:

i.        Applicant is to be paid a base salary of more than the English-language-requirement exempt amount which is $96,400 per year at present (it may change in future), or

ii.        Applicant holds a passport from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America, or

iii.        Applicant has completed at least five years of continuous full-time study in a secondary or higher education institution in English.

6.    Conditions applicable to Business Sponsor and applicant after grant of 457 visa:

There are a large number of requirements for approved 457 Business Sponsor and 457 visa holders to comply with. The conditions include:

  i.        Conditions applicable for business:

     i.    Applicant works in the nominated occupation.

     ii.    Business should retain all the records.

     iii.    Provide training to Australian citizens or permanent residents.

ii.        Conditions applicable for the applicant:

       i.     Primary applicant can only work for the approved sponsor

     ii.    Secondary applicants have no work restrictions

     iii.    There are a limited number of occupations with exemption to work rights

     iv.    Must maintain adequate arrangements for health insurance

     v.    Must inform DIBP if applicant stops working.

The Department of Immigration and Border Protection does undertake monitoring on approved Business Sponsor. We have expertise in helping businesses respond to monitoring requirements.

Do you need help with responding to the Department regarding Business Sponsor Monitoring.  Call us.

7.    457 offers pathway to Australian PR: After working with the approved Sponsor for two years, applicant can apply for a Permanent visa subclass 187 under the Temporary Residence Transition Stream. The Business Sponsor must meet all Sponsorship requirements for the two years the person is on a 457, if they want to be able to use the Temporary Transition pathway.

8.    Government Review and recommendations to change 457 to cut ‘Red tape’

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.

·         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)

For more details on the recommendations, please go to:

http://www.workvisalawyers.com.au/news/entry/457-visa-news-government-report-recommends-changes-including-easing-english-requirements-and-lmt.html

9.    Alternative visas to the 457:

If your occupation is not on the CSOL then your options may include:

1.    RSMS visa – this requires that the position is a Trade or Diploma level on ANZSCO but is not limited to a list.

2.    Labour Agreement – It is possible to apply for a labour agreement to get access to occupation not on CSOL or to varying other 457 condition. The Labour agreement process is usually external and would require professional assistance.

3.    Partner visa - if you have an Australian Partner.

4.    Student visa

This is not the full range of options, but just some of the most common.

10.Do I need help?

The 457 process is complicated and the requirements are regularly changed by the Australian Government. Currently 73% of 457 visa applications are lodged by Registered Migration Agents. This is based on figures for April to June 2014.

In Australia, migration agents must be registered with the Office of the Migration Agents Registration Authority (MARA). If you choose to use a migration agent, you should use a registered migration agent.

Registration gives you protection and helps ensure people working as migration agents are aware of current laws and procedures and give correct advice.

https://www.mara.gov.au/media/337494/MAAR_Apr_Jun_2014_Web.pdf

If you require assistance with a 457 visa process then Work Visa Lawyers has a team of Migration Lawyers and Registered Migration Agents that can assist you.

Sources:

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 28 November 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.

Our contact details are:

 (08) 7225 5091 (if calling from within Australia)

+61 8 7225 5091 (if calling from outside Australia)

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