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July is the start of the new immigration program year and this is the latest news on the upcoming changes for Australian immigration.
In a media release yesterday, NSW Treasurer Dominic Perrottet announced a plan to return international students to Australia in 2021. The plan will be funded entirely by local universities and will be in addition to the number of other passengers allowed to arrive per week (such as permanent residents and Australian citizens). 250 students from 14 NSW and ACT universities will be permitted to arrive in Sydney per fortnight. Once on Aussie shores, the students will be directed to private quarantine facilities for an isolation period before they are able to move freely in the community. The plan is expected to commence in the second half of the year.
The Australian Government has announced its budget for 2021-22 and the news for migrants and international students is seriously disappointing. With borders predicted to remain closed until mid-2022, Treasurer Josh Frydenberg has structured a budget with very few opportunities for immigration, and an annual Net Overseas Migration (NOM) figure of -72,000. It’s been 16 months since the WHO declared Covid a pandemic. China built a hospital in Wuhan in 10 days, so why can’t Australia build quarantine facilities in a year?
On 30 Mar 2021 the Hon Karen Andrews MP was appointed as new Minister for Home Affairs.[1] This follows the previous Minister for Home Affairs the Hon Peter Dutton MP, being appointed as Minister for Defence the same day.[2]
The Hon Alex Hawke MP continues in his role Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs.
New Working Holiday Subclass 417/426 Visa Policy Encourages Regional Work, Extends Visa lengths, and Raises Maximum Age For Canadians and Irish
Key terms: 457 visa – labour agreement – employer sponsored visas – migration policy changes
The Fast Food Industry Labour Agreement established in 2012 has been scrapped by Immigration Minister Peter Dutton. This will result in significant reductions of 457 skilled visas issued to fast food businesses. More than 500 skilled worker visas were approved for fast food businesses over the past four years.
The 457 visa programme has been under the microscope of the Federal Government ever since the reported visa abuse of 7-11 workers. In our earlier article we talked about the possible scrutiny of specific industries for the employer sponsored visa programme, which includes:
We believe that there will be ongoing changes to the employer sponsored visa programme specific to a few industries such as hospitality (Café or Restaurant Managers) and low-level generic occupations such as Customer Service Managers and Project or Program Administrators.
Earlier today news broke that former Adelaide gang leader Vince Focarelli has received a Notice of Intention to Consider Cancellation (NOICC) from the Department of Immigration and Border Protection (DIBP). The Minister of Immigration, Peter Dutton has exercised visa cancellation powers granted to him under section 501 of the Migration Act 1958.
Visa Cancellations in Numbers
Since the power to cancel visas was amended in December 2014, there has been a large increase in visa cancellations compared to the previous period. The number of visas cancelled under section 501 of the Migration Act increased from 76 cancellations in 2013-14 to 983 cancellations in 2015-16. The Commonwealth Ombudsman published a report about the Minister’s new cancellation powers and identified various issues which have placed visa holders facing visa cancellation and deportation various hardships and difficulties. The report also provides a few recommendations which demonstrate the need for the cancellations powers to be exercised with consideration.
Further reading: Increase in Australian Visa Cancellations for Character Reasons such as Criminal Convictions
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:
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:
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:
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:
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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:
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:
While this is excellent in capturing and refusing fraudulent visa applications, there are a few issues that arise from this tough stance:
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:
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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From 1 July 2016 the Australian student visa programme will be amended to having just two visa subclasses (currently there are EIGHT subclasses). The two visa subclasses will be Subclass 500 (Student) and Subclass 590 (Student Guardian).
By reducing the various student visa subclasses the Department of Immigration and Border Protection (DIBP) aims to introduce and apply the same criteria for all student visa applications. The criteria will include:
Current assessment levels and streamlined visa processing arrangements will be removed with case officers required to consider more factors to assess the genuineness and the need for individuals to provide evidence of financial and English proficiency. Case officers will be assisted by the new combined country and provider immigration risk framework that will help guide student visa evidentiary requirements and create streamlined visa application processing opportunities for education providers across all sectors.
A condition will also be attached to the new student visas to determine if a new student visa is required if you change your education courses. There will also be no restrictions on bringing family for students studying for less than 10 months.
Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers
The changes announced to the student visa programme come as a result of the “Future Directions for Streamlined Visa Processing Report and Recommendations” report compiled in June 2015. While it sounds like the DIBP is heading in the right direction by streamlining the student visa application process, we will need to observe the adjustments made by the DIBP after July 2016 to find out if this is a better system.
We will provide more information about the specific requirements once they are available. In the meantime it is best that you submit your visa applications as early as possible to avoid any delays in starting your enrolled courses.
This information is accurate on 18 April 2016
Source:
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.
Accountants have traditionally formed a large part of the Australia skilled migration numbers. The ANZSCO Unit Group 2211 includes:
In previous years planning numbers allocated to accountants were approximately 5000 per programme year. However this was reduced by approximately 54% in the 2015-16 migration programme to 2525 places.
As a result places for accountants were quickly filled and the Department of Immigration and Border Protection (DIBP) announced that invitations to accountants will be issued in a pro rata arrangement.
The Points Required for Accountants are Going UP!
According to the latest invitation round (7 September 2015) results, accountants are only receiving Invitations to Apply (ITA) if:
Occupations in ANZSCO group 2212 – Auditors, Company Secretaries and Corporate Treasurers will no longer receive ITAs in this programme year as the occupational ceiling has been met. This means that applicants within this group of nominated occupations will have to wait until at least next year to receive an ITA. A reminder to all that the Expression of Interest (EOI) will only be stored on the DIBP Skill Select system for 2 years. Will accountants get the same treatment?
What Can You Do if You are Migrating as an Accountant?
The main strategy will be to obtain as many points as possible to receive an ITA. There are a few ways to increase your points, such as:
Superior English
Achieving English exam results at a Superior level will allow you to claim 20 points, versus 10 points for Proficient English. With the availability of other English exams (visit our blog here for all the options), you might be able to improve your English scores and meet Superior English requirements. To achieve Superior English you need to achieve the following:
English Language | Test component | IELTS | TOEFL iBT | PTE Academic | Cambridge English: | OET |
Superior | Listening | 8.0 | 28 | 79 | 200 | A |
Reading | 8.0 | 29 | 79 | 200 | A | |
Writing | 8.0 | 30 | 79 | 200 | A | |
Speaking | 8.0 | 26 | 79 | 200 | A |
Professional Year
An additional 5 points are available if you completed a Professional Year in Australia. These Professional Year courses are offered by the following organisations:
You can find out more about the Professional Year at the organisations’ website
Australian Work Experience
If you have work experience in Australia you stand to gain 5 more points as compared to any overseas work experience that you are claiming, i.e. 3 years of work experience from overseas will give you 5 points, whereas 3 years of work experience in Australia will give you 10 points. This will be helpful if you are thinking about working in Australia under a temporary work visa and then consider General Skilled Migration at a later stage.
Regional Study Points
You can claim an additional 5 points (on top of the 5 points awarded for Australian studies) if your campus was located in a regional postcode. A list of regional Australia postcodes is available on the DIBP website (link). A note is that you must meet the Australian Study requirements to claim these points.
Applying for State Sponsorship
There has been a rush for state sponsorship or nomination to increase the points of an accountant’s application and gain a higher possibility to receive an ITA. The increased demand for state sponsorship has made state authorities increase the requirements for accountants to receive state sponsorship. Examples of such increased requirements include:
It is important to note that if you applied for a 489 Regional State Sponsorship you will receive 10 points in comparison to 5 points for a 190 State Sponsorship. It may be worth considering going Regional to obtain an ITA.
In summary accountants are looking at a longer timeframe before receiving an ITA to proceed with a visa application. If you are a student currently enrolled in an accounting course the pathway to a permanent visa after graduation looks to be increasingly difficult.
Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers
The points score required for accountants increased from 65 points in the earlier invitation round to 70 points in the last round. This means that accountants who have submitted an EOI are getting higher point scores either by scoring higher English test scores, or obtaining regional state sponsorship. This may be a good strategy for now but that will eventually increase the points score required to receive an ITA.
Other pathways?
An alternative would be to consider other visa pathways such as employer sponsored visas (457, 186, 187) instead of waiting to receive an ITA under General Skilled Migration. A practical step would be to take up an internship or work experience during your studies for the following reasons:
What If I am planning to study in Australia now?
For students thinking about permanent residency after the completion of studies it may be better to study in a field other than accounting. Other industries to consider include Engineering or Nursing.
This information is accurate on 23 October 2015
Source:
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
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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:
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:
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
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The Government has release a review report on the 457 program titled,Robust New Foundations: A Streamlined, Transparent and Responsive System for the 457 Programme.
The Report contains 22 recommendations, which include the following:
Comments by Chris Johnston, Lawyer and Registered Migration Agent, Principal of Work Visa Lawyers:
It is important to note, that this is a Report with recommendations, and that the recommendations have not been implemented. We will post further news soon after any of the recommendations are implemented and become 457 requirements.
Sources:
Migration Institute of Australia
Australian Government Report:
http://www.immi.gov.au/pub-res/Documents/reviews/streamlined-responsive-457-programme.pdf
News release by Senator the Hon. Michaelia Cash:
www.minister.immi.gov.au/media/mc/2014/mc217716.htm
Warning -This information is accurate on the 13 September 2014.
DIBP will change visa requirements in an ongoing manner and all current requirements must be established prior to lodging an application.
Do you Need Help with the 457 process, to be approved as a business sponsor or to get an Australian Visa for an employee?
If you require further information regarding an employer sponsored visa applications , either as an employer or an applicant, we can help you.
Contact us on (08) 7225 5091 or +61 8 7225 5091
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New employer sponsored visa Agreements for Regional Areas in Australia - News and Commentary
Designated Area Migration Agreements (DAMA) guidelines finalised:
The Assistant Minister of Immigration and Border Protection, Senator Michaelia Cash, has announced the finalisation of guidelines for Designated Area Migration Agreements (DAMAs).
A DAMA will:
· allow employers in the designated area who are unable to recruit Australian workers to employ overseas workers
· have a salary concession of up to 10% for the TSMIT (the minimum wage could be $48,510)
· not undercut Australian workers wages
· require employers to meet Subclass 457 sponsorship obligations, including meeting training benchmarks
· allow for skill and English language concessions
· allow for some semi-skilled occupations
A pilot agreement has been finalised with the Northern Territory Government.
Media responses on the DAMAs:
Here is a media report on some speculation as to the effect of the DAMAs:
Commentary by Chris Johnston:
The DAMA appears to fall within the area of Labour Agreements.
Labour Agreements have in the past taken considerable time and patience on behalf of the relevant employer to be approved. Base on previous records, the DAMAs are unlikely to lead to a flood of cheap foreign workers.
Sources:
Migration Institute of Australia
News release by Senator the Hon. Michaelia Cash:
http://www.minister.immi.gov.au/media/mc/2014/mc217447.htm
Warning -This information is accurate on the 31 Aug 2014.
DIBP will change visa requirements in an ongoing manner and all current requirements must be established prior to lodging an application.
Do you Need Help with an Australian Visa?
If you require further information regarding an employer sponsored visa application , either as an employer or an applicant, we can help you.
Contact us on (08) 7225 5091 or +61 8 7225 5091
or This email address is being protected from spambots. You need JavaScript enabled to view it.
Australia signs work and holiday visa agreement with Greece
A joint media release from Scott Morrison MP, Minister for Immigration and Border Protection and Senator the Michaelia Cash, Assistant Minister for Immigration and Border Protection provides the following:
“Young people from Australia and Greece are a step closer to having the opportunity to visit and work in each other's countries, with the signing of a reciprocal work and holiday visa arrangement today.
Minister for Immigration and Border Protection, the Hon Scott Morrison, said the signing of the agreement was testament to the close and positive relationship between the two countries.
'This arrangement, when brought into effect, will enable up to 500 young adults from Greece and 500 young adults from Australia to enjoy a holiday in each other's country, during which they may engage in short-term work and study,' Minister Morrison said.
The one-year work and holiday visa differs from a working holiday visa as it requires applicants to have the support of their government, hold or be studying towards tertiary qualifications and to speak functional English.
Assistant Minister for Immigration and Border Protection, Senator Michaelia Cash, said over the coming months, both countries would be working closely together to implement the necessary legal and administrative processes to bring this visa into effect.
'As well as creating an exciting opportunity for young people in both countries to experience life abroad, this arrangement will further enhance the cultural and economic links between the two countries,' Minister Cash said.
Comments by Chris Johnston, Lawyer and Registered Migration Agent:
This is exciting news, presenting an opportunity for a limited number of young Greeks. I predict that the number of 500 will be much lower than the demand for this visa, so when the visa is opened, better apply fast.
Warning:This information is accurate on the 25 May 2014.
DIBP will change visa requirements in an ongoing manner and all current requirements must be established prior to lodging an application.
Sources:http://www.minister.immi.gov.au/media/sm/2014/sm214473.htm
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