All News

South Australia State Nomination Occupation List (SNOL) now available!

South Australia State Nomination Occupation List (SNOL) now available!

Immigration SA has released the new State Nomination Occupation List (SNOL) for 2016-17. You can look at the occupations available for nomination here.

A quick glance at the new occupation list shows the following:

- Finance Managers, Accountants (on Supplementary Skilled List) showing high availability for now

- ICT occupations require 70 points to be eligible for state nomination

- Café or Restaurant Manager is only suitable for subclass 489 Skilled Regional Sponsored visa sponsorship

- Customer Service Manager also only available for subclass 489 Skilled Regional Sponsored visa sponsorship

- Registered Nurse shows high availability

- Enrolled Nurse only eligible for subclass 489 Skilled Regional Sponsored Visa sponsorship

- Baker, Pastry Chef, Chef and Cook only eligible for subclass 489 Skilled Regional Sponsored Visa sponsorship

- Marketing Specialist and other generic business professionals listed as High Availability on the Supplementary Skilled List

Work Visa Lawyers will be providing further analysis on the SNOL on a later date.

Sources:

  1. http://www.migration.sa.gov.au/skilled-migrants/lists-of-state-nominated-occupations

 

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

This list will be a big shock for cooks and hairdressers that were looking to apply straight for PR through the subclass 190.

Immigration SA may only accept a limited number of applicants for each occupation. You are advised to secure your nomination as soon as possible while there is still high availability.

However please be aware of all visa application requirements before submitting your application, and seek help from a Registered Migration Agent if in doubt.

This information is accurate on 4 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.

 

Continue reading

Australian Migration News 1 July 2016! News for SOL, CSOL, Accountants, Registered and Enrolled Nurses, Student Visas and more!

Australian Migration News 1 July 2016! News for SOL, CSOL, Accountants, Registered and Enrolled Nurses, Student Visas and more!

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

The 1st 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

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.

 

Continue reading

Australia takes a tougher stance on Immigration and Visa matters

Australia takes a tougher stance on Immigration and Visa matters

 

The name for Australia’s immigration department changes every few years and the most recent change was from the “Department of Immigration and Citizenship” (DIAC) to the current “Department of Immigration and Border Protection” (DIBP).

The inclusion of “Border Protection” in the current name gives an impression of “control” and “erecting barriers to entry” to “protect Australian borders”. The impression was also felt by employees at DIBP as a recent internal survey indicated the following:

  • there is a "command and control" culture in the Department
  • the Department has a "military-style regime"
  • there is a “preoccupation with secrecy” and a lack of transparency from the top management
  • “a shift to enforcement and a move away from a people and humanitarian focus”

While there were some positives raised in the survey as well with reference to the professionalism, dedication and commitment among staff, the Department is now being perceived as a tough enforcement agency both internally and externally.

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

How does this affect ongoing visa applications?

It has been observed that in the pool of applications recently submitted to the Department, the assessing case officer has been diligently combing through the documents submitted. Any lack of information or clarity results in a request from the case officer to provide further evidence to support the claims made in the application.

High risk applications could include the following:

  • Employer sponsored visa applications where the applicant does not have the qualifications required and is solely relying on references
  • Partner visas where there is insufficient evidence to show a genuine relationship. Just submitting a marriage certificate and some supporting statements are insufficient to meet the Genuine Relationship requirements

While this is excellent in capturing and refusing fraudulent visa applications, there are a few issues that arise from this tough stance:

  • overall visa processing times will become slower as Department assessment officers spend more time checking documents in detail, and more time on a given case if more information is requested
  • some legitimate applications are being asked to provide more information or disprove certain claims when unnecessary. E.g.: an Italian restaurant was asked to prove that they were not a fast food restaurant, even when a Restaurant License was provided in the application

Echoed by some employees of the Department in the internal survey, it is worth noting that the Department is shifting from a people and humanitarian focus to one of enforcement and control. The old Department tagline, “People Our Business” seems to be no longer the focus of the Department in helping eligible visa applicants obtain Australian visas to visit, live or work in Australia.

If you are submitting a visa application to the Department, you should ensure that you have sufficient evidence to demonstrate your claims in meeting the visa application requirements. You will also need to provide quality scans or certified copies of your documents to the Department, to avoid any potential delays or doubts from the assessment officer. Do not attempt to fabricate documents or provide misleading information as you can be served with a Public Interest Criterion (PIC) 4020 violation which will become a big issue in your future visa applications.

While you might have made a genuine error on your application that does not mean you can avoid having the PIC 4020 violation recorded in your Australian visa/immigration history. As such it is extremely important that you do not provide any conflicting or misleading information in your application.

This information is accurate on 6 June 2016

Source:

  1. http://www.theage.com.au/national/public-service/command-and-control-immigration-staff-slam-militaristic-culture-20160511-goskdm.html

 

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.

 

Continue reading

Work Visa Lawyers Year-End News for Australia Migration

Work Visa Lawyers Year-End News for Australia Migration

As the year rolls to a close and the majority of our readers look forward to spending some time at the beach (as above) or some other well-deserved rest and relaxation activity, it is also time to look back at the year and recap what has been developing in the Australia migration regulations.

The Headlines You Need To Know

The 457 Temporary Work Visa is undergoing continuous change due to two factors:

1) The 457 Visa Programme Integrity Review Report

Released by the Department of Immigration and Border Protection (DIBP) on 10 September 2014, the review report made 22 recommendations to the 457 visa programme. Some of the recommendations have already been implemented while some will be rolled-out in the first half of 2016.

2) Temporary Work Visa Exploitation in Recent Media

Most of us would have heard about the exploitation of working visa holders by 7-Eleven franchises across Australia. This has alarmed the Department in stepping up on checking the integrity of business sponsorships and monitoring both the business sponsor and visa holder in relation to the obligations of the 457 Temporary Work Visa.

So what are the changes in place?

The following is a list of changes that have happened or are expected to happen in time:

English Requirements

The English requirements have been lowered as part of the Review Report recommendations. Here are the new requirements:


English test

Minimum band score

Minimum scores for test components

Listening

Reading

Speaking

Writing

IELTS test

Overall band score 5.0

4.5

4.5

4.5

4.5

OET

-

B

B

B

B

TOEFL iBT

Total band score 36

3

3

12

12

PTE

Overall band score 36

30

30

30

30

CAE

Overall band score 154

147

147

147

147


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.

Training Benchmarks

Training Benchmarks are a key criteria for business sponsors to meet and uphold as part of the 457 sponsorship requirements. It is recommended that the current benchmarks will be replaced by annual training fund contributions to the Department of Industry. This is likely to be implemented in 2016. 

Validity of Standard Business Sponsorships (SBS)

Companies must apply to be an approved Business Sponsor before they can sponsor overseas workers for a 457 Temporary Work Visa. The validity of Standard Business Sponsorships (SBS) has been lengthened from 3 to 5 years for existing businesses; and from 12 to 18 months for new businesses which have operated for less than 12 months. The SBS will be valid for 6 years if you are an Accredited Sponsor.

Penalties for Business Sponsors who Receive Payment in Return for Sponsorships

On 4 December 2015, the Australian Federal Parliament has passed the bill for the Migration Amendment (Charging for a Migration Outcome) Act 2015. This is specifically targeting businesses which have sponsored overseas workers in a non-genuine capacity and received payments in return for the sponsorship. Such actions will now incur a civil and criminal penalty. A third party such as employment placement agencies, migration agents and so forth can also be charged under the offence. 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

The Bill also allows the Department to consider visa cancellations where the visa holder has engaged in a 'Payment for Visas' conduct.

Additional Information Required During the 457 Visa Nomination Process

As of 20 November 2015, the Department is now requiring businesses to provide the names of the owners, directors and major shareholders of the business as part of the application process.

This latest requirement was introduced probably to identify applications where "self-sponsorship" for the 457 visa is being done. Self-sponsorship is when businesses sponsor one or more of the owners for a 457 visa.

What else can we expect to happen for the 457 Visa Programme?

As mentioned there were a total of 22 recommendations made in the final report of the integrity review. We expect more changes to be introduced in the first half of 2016 and perhaps at the beginning of the new fiscal year in July 2016.

The Department seems to be heading into the direction of increased and more detailed checks of the 457 sponsorship, nomination and visa application process. It is expected that there will be more monitoring of 457 business sponsors and visa holders to ensure compliance and fulfilment of the obligations of the visa.

Meet us during the weekend!

Work Visa Lawyers is pleased to announce that we will be taking appointments on the weekend of 19 and 20 December 2015. December is the busy month when many visa applications are lodged and visa issues resolved. As such, Principal Migration Agent and Lawyer, Chris Johnston has made himself available for consultation during the weekends. We understand visa matters may be urgent at this time of the year and would like to assist as many applicants as possible.

Appointment places are LIMITED so contact us as soon as possible to schedule your appointment.

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Call: +61 8 8351 9956

Season's Greetings from All of Us at Work Visa Lawyers!

All of us at Work Visa Lawyers would like to take this opportunity to wish everyone a

Wonderful, Merry Christmas and Happy New Year!

Best wishes and have a great year ahead!

Do you need help or more details about your situation?

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.

Continue reading

Australia Migration News Update Video - October 2015

Australia Migration News Update Video - October 2015

Work Visa Lawyers is pleased to bring you the latest update to the Australian migration programme. The videos below will cover topics such as:

  • Visa options for 457 visa holders whose contract was not renewed or terminated early due to downturn in the industry, e.g. mining
  • New Occupation List for the Regional Sponsored Migration Scheme (RSMS) Subclass 187 Direct Entry visa applications
  • Supplementary Occupation List for South Australia State Sponsorship
  • Client feedback about the Pearson PTE Academic Exam
  • Changes to eligible complying investments for the Significant Investor Subclass 188C visa
  • Recap of Work Visa Lawyers in China as part of the Shandong-South Australia Cooperation and Development Forum in May 2015

We hope you find the news video informative. Remember that you should seek advice of a Registered Migration Agent to find out your specific options. The situation and scenario of each individual may mean different visa application pathways.

Contact us today to find out more! Remember to subscribe and follow Work Visa Lawyers on YouTube, Facebook and Twitter to get immediate updates about the Australia migration programme.

Continue reading

New Proposed Migration Amendment Bill – Making or Receiving Payment in Return for a 457 Sponsorship Will Lead to Fines, Imprisonment and Visa Cancellation

New Proposed Migration Amendment Bill – Making or Receiving Payment in Return for a 457 Sponsorship Will Lead to Fines, Imprisonment and Visa Cancellation

 

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.

 

Continue reading

The dark side of Australia's appeal as a world class education destination

The dark side of Australia's appeal as a world class education destination

News streams were flooded with the arrest of 3 individuals running a student visa and employment scam in Melbourne, Victoria. The individuals owned and managed a college, St Stephens Institute in Reservoir and an institute, Symbiosis Institute of Technical Education. The individuals worked with unscrupulous migration agents and applied student visas for applicants who paid up to AUD 10,000 for "enrolment" in the college or institute. There were no classes for students to attend but instead the students were arranged to work as posties or delivery personnel. The work was arranged via one of the individual's business which was a labour hire contractor for the Australian Post. The "students" were underpaid and received no benefits whatsoever but continued working as they were promised a work or residence visa at the end of their student visa.

Another institute that has come under scrutiny is TK Melbourne Education and Training College which allegedly has been issuing fake and back-dated certificates to international students. The Australian Skills Quality Authority (ASQA) has issued a “critical non-compliance” label to the institute for failing to meet with national Registered Training Organisation standards. If students used the fake qualifications to enrol in a separate higher learning course, or to apply for a skilled migration visa, the fake qualification may be overturned and the students will then be refused admission or a visa application.

Don’t get caught up in a scam!

While the government bodies involved – Australia Post, Australian Skills Quality Authority (ASQA) and the new Department of Immigration and Border Protection (DIBP) perform the necessary internal review to prevent such cases from repeating, Work Visa Lawyers would like to educate and remind international students, current or prospective to be fully aware of the objective and obligations of the student visa programme in Australia. Students involved in unlawful and unethical arrangements as above suffer financial loss as well as potentially a negative record on their Australia visa history, which may affect future Australia visa applications.

It is important for international students in Australia to check:

  • They are enrolled in the correct education course and institute
  • The obligations and conditions for the student visa held, such as work restrictions or education provider restrictions (e.g. streamlined education providers)
  • Actual study was conducted before the qualification is deemed complete before a certificate is issued

Student visa holders also need to know that there is no guarantee of a visa at the end of the study duration even though they may be promised so. Student visa holders should always check with the DIBP or other Registered Migration Agents if they suspect that something is amiss with their education courses or permitted employment.

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

The DIBP has the power to cancel a visa in a number of scenarios such as the ones listed below:

  • if an applicant has provided:
    • “a bogus document or information that is false and misleading in  material particular in relation to:
      1. the application for the visa; or
      2. a visa that the applicant held in the period of 12 months before the application was made”

From Public Interest Criteria 4020

This includes the situation where the applicant did not knowingly provide the false or misleading information with their application.

  • if a visa holder violated the visa conditions and obligations (such as working when not allowed to)
  • if a visa holder has committed criminal offences that are harmful to the Australian society and its values. The recent focus on cancelling visas of convicted criminals (see our earlier news entry here) is one such example.

Work Visa Lawyers advises all Australian visa holders to:

  • Stay away from scams and criminal activities
  • Always be aware of your visa conditions and make sure you meet the visa obligations
  • Always check with a trusted authority such as the DIBP or Registered Migration Agents in Australia if there is something suspicious in relation to your student or work visa

This information is accurate on 7 August 2015

Source:

  1. http://www.smh.com.au/national/australia-post-link-to-visa-crime-racket-claim-20150804-girbiw.html
  2. http://www.smh.com.au/national/cash-for-visas-international-colleges-fake-qualifications-in-migration-rackets-20150805-gis11z.html
  3. http://www.brisbanetimes.com.au/national/nonsensical-essay-answers-shine-a-light-on-australias-educational-visa-farms-20150805-gis8po.html
  4. http://newsroom.border.gov.au/releases/three-charged-and-millions-of-assets-seized-in-joint-agency-investigation

 

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.

 

Continue reading

Changes for the Migration Programme in the New Fiscal Year 2015-16

Changes for the Migration Programme in the New Fiscal Year 2015-16

 

The new fiscal year has arrived! Historically the Department of Immigration and Border Protection introduces changes to the Australian migration programme on the 1st 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.

 

Continue reading

Work Visa Lawyers at the South Australia-Shandong Economic and Cooperation Development Forum and Visit to Guangzhou

 rsz dsc 9678

Work Visa Lawyers was selected and invited to participate in the recent South Australia trade delegation to the Shandong province in China. It was a privilege to be part of the 250-strong delegation and the only Australia migration services provider on the trip. The Department of State Development did a fantastic job arranging the programme and logistics for such a large group of people. The trade delegation visited the cities of Jinan and Qingdao in Shandong from 24 to 28 May. We also did an additional visit to the city of Guangzhou in Guangdong independently from the 28 to 31 May.

rsz 20150524 181017

The programme started with the South Australia Premier, the Honourable Jay Weatherill MP providing a briefing to the delegates who have arrived in the city of Jinan. There was a strong emphasis on the collaboration and win-win cooperation between the two sister states. Briefings were also given by:

  • Minister of Trade and Investment, the Hon. Martin Hamilton-Smith
  • National Vice President, Australia China Business Council, Sean Keenihan
  • Executive Director, Investment, Trade and Immigration, Department of State Development, Matt Johnson

After the briefings delegates were separated by industry and had introductions to all members in the respective groups. Work Visa Lawyers were placed under the Services Stream throughout the Forum. A run-through of the schedule for the next couple of days was also carried out.

25 May 2015

The morning ceremony started with opening remarks by the Governor of Shandong, Shuqing Guo and the Premier of South Australia, the Honourable Jay Weatherill MP. Following the opening speeches, signing ceremonies were carried between 4 different groups of China and South Australian businesses.

dsc 9663

Delegates from South Australia and attendees from the Chinese side then broke into the respective industry streams and held presentations that were specific to the industry. Interestingly there were a lot of presentations on environmental services with focus on water and sewage treatment, which is not surprising for a rapidly industrialised nation with concerns of pollution and waste management.

DSC 9674 copy

Work Visa Lawyers Principal Migration Agent and Lawyer Chris Johnston and Cultural Liaison Officer Sean Choong at the morning ceremony

Untitled 2 2

After a lunch session delegates resumed the meetings by stream and conducted 1-1 business matching arranged by the Department of State Development. This was followed by the Gala Dinner which included cultural performance by South Australian and Shandong artists.

26 May 2015

After breakfast and checking out of the Shandong Hotel we made our way to board the high-speed train that connects Jinan to Qingdao, the home of Haier, Hisense and Tsingtao. The distance of approximately 360 kilometres was covered by the train in approximately 2 hours 30 minutes (averages out to be around 144km/h).

Chris and train

Chris Johnston with the high speed train

Upon arrival in Qingdao it was back to work immediately as we met up with the President of Qingdao Syndicate International Economic and Technical Cooperation Co. Ltd., Mr Yu Liang Chen about the supply of skilled workers to Australia. Even though both parties have corresponded for a long time via electronic channels, it was great to meet each other in person to have an in-depth discussion about collaboration for a mutually beneficial partnership.

Chris and Chen 1

Chris Johnston with Mr Chen in Qingdao

Being common practice in China we were then invited to have dinner with Mr Chen and his colleagues as part of extending the local hospitality. It was a bountiful and gracious dinner by the host and we are very thankful for that.

27 May 2015

Similar to the opening ceremony in Jinan, the morning session opened with opening remarks by the Mayor of Qingdao, Xinqi Zhang and the Premier of South Australia. Signing ceremonies were then carried out and a free and open business matching session was held for attendees of the forum to speak with South Australian businesses that were of interest.

dsc 9725

Following the business matching session a lunch session was held for delegates and invited attendees of the forum in Qingdao. The luncheon marked the closing of the forum and delegates either returned to Adelaide the next day, or went on to other cities in China for their own business development activities. Work Visa Lawyers headed to Guangzhou the next day.

dsc 9737

The luncheon at the Shangri-la Hotel in Qingdao

dsc 9743

Members of the Services Stream for the Forum

28 - 31 May 2015

Upon completion of the programme with the Department of State Development, we did an additional visit to the city of Guangzhou in the Guangdong province. During our time in Guangzhou we met with individuals interested in migrating to Australia as well as businesses in Guangzhou who are related to and interested in the services of Australian migration. We also managed to conduct a presentation at one of the largest English training schools in China, Wall Street English.

Untitled 2 Chris Johnston introducing Australia to the students at Wall Street English

We were very fortunate to have the hospitality of the General Manager of the Doubletree by Hilton in Guangzhou, Chris Roberts who is a fellow South Australian. He extended extra care and consideration to Work Visa Lawyers and facilitated us in meeting our business obejctives.

dsc 9759 The hospitality provided by Chris Roberts

Return to Adelaide and Findings from the Visit to China

A 13-hour flight brought us back to Adelaide from Guangzhou and it was a bit of a long journey. However it was extremely beneficial to have been invited by the Department of State Development of South Australia to participate in the largest Australian trade delegation to China since the completion of negotiations for the China-Australia Free Trade Agreement (ChAFTA) in November 2014.

With particular focus on Shandong and South Australia, there are definitely many areas of collaboration that will bring benefit to both regions. The initiative taken by the Department of State Development and Australia-China business associations such as the Australia China Business Council has done an excellent job of building the bridge for South Australian businesses to reach potential clients, partners or investors in Shandong and beyond. Work Visa Lawyers commends the effort and work done by those involved in the planning and execution of the 2nd South Australian-Shandong Economic and Cooperation Development Forum. We look forward to be part of the delegation again next year. See you again soon China!

rsz 120150619 121519 hdr

 

Continue reading

Australia Migration Updates - Video Update by Registered Migration Agent Chris Johnston

Watch Registered Migration Agent (MARN 0640686) and Migration Lawyer Chris Johnston provide the latest updates to the Australia migration programme.

Topics covered include:

  • Lower English Requirements for Skilled Graduate Visas
  • 457 Visa changes include lower English
  • Business and Investor Visa News
  • Skilled Nomination visas – 190 and 489 program processing almost complete for the financial year
  • Increases in Visa Cancellations
  • RSMS 187 Policy Change
  • WVL Invited to China as Part of South Australian Delegation
  • Breaking News – Complying investments for SIV and PIV and Visa application
Continue reading

End of Financial Year (EOFY) 2014-15 – Looking Ahead

End of Financial Year (EOFY) 2014-15 – Looking Ahead

 

The new financial year for Australia is coming and here are some migration related news you need to know.

  • Visa Application Fees (VAC) are increasing on 1 July 2015
  • Immigration South Australia (SA) will start collecting fees on 10 June 2015
  • Changes to the Significant Investor Visa (SIV) and introduction of the Premium Investor Visa (PIV)

 

Visa Application Charges for 1 July 2015

If you missed our earlier news entry on the VAC increments, click here to find out more. The new fees apply if you submit a visa application on 1 July 2015 or after, so you can still submit an application now to avoid the fee increase. The increase ranges from 2.3% to 50%.

A word of caution: try not to leave your application until the last day (30 June 2015) for submission. The online system may be flooded and users can experience system outages. A scheduled outage has been announced for Midnight Tuesday 30 June to 7am Wednesday 1 July 2015. ​

 

Immigration SA now charges fees for state sponsorship effective 10 June 2015

Immigration SA announced earlier that they will start collecting fees for state sponsorship application, following what other states and territories have been doing for a while now. Here is the breakdown of the charges:

 

Application Type

SA

Skilled migrants

State nominated skilled – 190 permanent

A$ 200

State nominated skilled – 489 regional provisional

A$ 200

Business migrants

Business 188 provisional

A$ 500

Business permanent 888/892/893

A$ 750

Business 132 permanent

A$ 750

Business retiree 405

A$ 500

SA Employers

Employer Nominated – RCB advice by State Government agency

Nil

Note: A credit card and processing surcharge of 3.2% is charged in addition to the fees listed.

 

Changes to the Significant Investor Visa (SIV) and announcing the Premium Investor Visa (PIV)

The SIV has been suspended since 24 April 2015, and will resume on 1 July 2015. While the investment amount of A$ 5 million has not changed, the structure of the complying investments has been modified to ensure allocation of investment funds to start-ups, instead of mainly government bonds. Here is the breakdown:

  • At least A$ 500,000 in eligible Australian venture capital or growth private equity fund(s) investing in start-up and small private companies (“VCPE”). The Government expects to increase this to A$ 1 million for new applications within two years as the market responds; 
  •  At least A$ 1.5 million in an eligible managed fund(s) or Listed Investment Companies (“LICs”) that invest in emerging companies listed on the Australian Securities Exchange (“ASX”); and 
  • A ‘balancing investment’ of up to A$ 3 million in managed fund(s) or LICs that invest in a combination of eligible assets that include other ASX listed companies, eligible corporate bonds or notes, annuities and real property (subject to the 10 per cent limit on residential real estate). 

For the new PIV, a minimum investment of A$ 15 million will be required. It will be available at the invitation of the Australian Government only, with potential applicants to be nominated by Austrade. The investor will be able to apply for permanent residence in 12 months’ time, compared to 4 years for the SIV.

 

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

The new financial year usually brings Visa Application Charge (VAC) increases and changes to the visa programme. The best mentality for Australian visa applications is to submit an application when you are eligible as soon as possible. Do not put yourself and your family at risk of fee increases (which may be significant if you are from overseas) and migration legislation changes. Act now and lodge your application as soon as possible.

Source:

  1. http://www.immi.gov.au/pub-res/Documents/budget/VAC-increases-fact-sheet.pdf
  2. http://migration.sa.gov.au/resources/faq/application-fees
  3. http://www.minister.immi.gov.au/michaeliacash/2015/Pages/significant-and-premium-investor-visas.aspx

This information is accurate on 9 June 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.

 

Continue reading

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

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

 

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.

 

Continue reading

Australian Immigration News for September 2014 - New English Tests and Partner Visa Fees Up

.

Continue reading

Australian Immigration News for January 2015 - New English Tests / Partner Visa Fees Up / Chef and Motor Mechanic now great options!

 

 

Topics covered by Chris Johnston, Lawyer an Registered Migration Agent:


1. Partner Visa fee increase 0:11
2. New English Language Tests 0:50
3. Temporary Work Visa - Subclass 400 VISA now longer 1:37
4. Chef and Motor Mechanic now a great option 2:28

Registered Migration Agent - RMAN 0640686

Warning:

This information is accurate on the 17 January 2015. 

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 in Relation to Australian Visas?

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

 (08) 7225 5091 or +61 8 7225 5091  

or

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

 

Continue reading

Australian Immigration News for September 2014

.

Continue reading

Sign up to our Migration Newsletter

Work Visa Lawyers works on Kaurna Land
We acknowledge and pay respect to the past, present and future Traditional Custodians and
Elders of this land and this nation, and the continuation of cultural, spiritual and educational
practices of Aboriginal and Torres Strait Islander peoples.

This site's contents are for general information purposes only
We recommend you seek advice from a Registered Migration Agent and Lawyer
(such as Work Visa Lawyers) in relation to your factual situation and relevant migration laws

Liability limited by a scheme approved under Professional Standards Legislation

Site by Adelaide Websites