Key terms: Australian Student Visa - Subclass 500 - Visa application requirements - financial evidence - Genuine Temporary Entrant (GTE) criterion
The Department of Immigration and Border Protection (DIBP) has announced that the immigration risk rating for all education providers and countries will be updated on 31 March 2017. The immigration risk rating determines the financial, English and other evidences required for the student visa application under the Simplified Student Visa Framework (SSVF).
The DIBP has used data of student visa applications lodged between 1 January to 31 December 2016 to assign new immigration risk ratings to education providers and countries. It is also mentioned that the next update will happen in September 2017, using application data from 1 July 2016 to 30 June 2017.
To determine the type of financial, English and other evidence required for your student visa application you will need to use the online Document Checklist Tool which can be found on the Subclass 500 Student Visa webpage on the DIBP website.
If you need clarification on the evidence required or your circumstances, please contact a Registered Migration Agent to know more before applying. You need to be aware of the new requirements (if any) when you lodge your student visa application after 31 March 2017.
Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers
It looks like the DIBP will be having a periodic revision of the immigration risk ratings for the Student visa programme. This may be a response to the media reports of student visa scams by education providers 1-2 years ago.
While the immigration risk rating affects the type of evidence required, you are reminded that the basic requirements for the student visas include financial capacity, English and also the meeting of the Genuine Temporary Entrant (GTE) criteria. At Work Visa Lawyers we have received an increase of enquiries from applicants who have had their student visa applications refused. Most of the refusals were on the grounds of not meeting the GTE requirements so I would recommend paying attention to meet the GTE requirements in addition to financial and English requirements.
This information is accurate on 28 March 2017
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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Key terms: Visa processing times – citizenship processing times –
The Department of Immigration and Border Protection (DIBP) has announced a new update to the visa processing times for all visa applications. The new schedule of processing times – “Global visa and citizenship processing times”, will be updated monthly and do not include:
·visa subclasses closed to new entrants
·visa subclasses capped and queued
The new visa schedule does not differentiate applications from low-risk or high-risk countries, but instead publishes two different processing times for 75% and 90% of ongoing applications. Here are some of the current processing times listed:
Starting from 1 March 2017, applicants from Vietnam can now apply for the Work and Holiday visa to travel and work in Australia at the same time. The visa is valid for up to a year with a second application possible to extend your stay for another year. Read more about applying for a second Work and Holiday visa here.
The subclass 462 Work and Holiday visa is for young travellers aged 18 to 30 from the following countries:
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.
The Commonwealth Ombudsman is the organisation responsible for handling complaints about Commonwealth Government departments and agencies. The Department of Immigration and Border Protection (DIBP) is one of the Government departments monitored by the Ombudsman.
In December 2016 the Ombudsman published two reports involving the DIBP, namely:
Both reports identified shortcomings and issues with the DIBP process of cancelling long term Australian visas and bridging visas.
The section 501 Report
In the section 501 report it was noted that a similar investigation was carried out in 2006, which was critical of the then Department of Immigration and Multicultural Affairs (DIMA) for not “always provide(sic) the minister with all relevant information, especially mitigating information, about long term Australian residents when considering the cancellation of their visa”.
Applicants applying for the General Skilled Migration (GSM) visas – subclass 189 Skilled Independent, subclass 190 Skilled Nominated and subclass 489 Skilled Regional Sponsored visas, will need to meet points test requirements to be eligible to receive an Invitation to Apply. Applicants applying for Employer-Sponsored visas such as the 457 visa, RSMS 187 visa and the ENS 186 visa may also need to meet English testing requirements to successfully obtain a work visa.
There are many types of English tests which you can take to demonstrate your English ability, but the IETLS and TOEFL English exams have been the traditional English tests for Australian visas. Many prospective visa applicants face difficulties with their English exams because of various reasons:
English not being the first language or mother tongue
Not familiar with the exam format and time limits
Not practicing with specimen materials before attempting the exams
In an earlier blog published in June this year, it was mentioned that the Department of Immigration and Border Protection (DIBP) has been getting tougher in relation to the processing of visa applications and monitoring of granted visas. Six months later the trend seems to be continuing where the DIBP is looking to tighten policies surrounding the Australian visa programme.
Changes to the Occupation Lists – Skilled Occupation List (SOL), Consolidated Skilled Occupation List (CSOL), Regional Sponsored Migration Scheme (RSMS) Occupation List, 457 visa occupation list
There has been recent talk about possible changes to the Skilled Occupation List (SOL) with a suggestion that 52 occupations will be removed. The occupations reportedly under scrutiny include:
Production Manager (Mining)
Accountant (General)
Management Accountant
Taxation Accountant
Actuary
Land Economist
Valuer
Ship’s Engineer
Ship’s Master
Ship’s Officer
Surveyor
Cartographer
Other Spatial Scientist
Chemical Engineer
Civil Engineer
Geotechnical Engineer
Quantity Surveyor
Structural Engineer
Transport Engineer
Electronics Engineer
Industrial Engineer
Mechanical Engineer
Production or Plant Engineer
Aeronautical Engineer
Agricultural Engineer
Biomedical Engineer
Engineering Technologist
Environmental Engineer
Naval Architect
Medical Laboratory Scientist
Veterinarian
Medical Diagnostic Radiographer
Medical Radiation Therapist
Occupational Therapist
Podiatrist
Speech Pathologist
General Practitioner
Anaesthetist
Cardiologist
Endocrinologist
Gastroenterologist
Intensive Care Specialist
Paediatrician
Obstetrician and Gynaecologist
Medical Practitioners (nec)
Barrister
Solicitor
Psychotherapist
Psychologists (nec)
Chef
Boat Builder and Repairer
Shipwright
Source: SBS
While these occupations are flagged for removal there is no certainty that they will be removed. However with the current trend of tightening the door on migration to Australia, prospective visa applicants are urged to submit an application as soon as possible to avoid any negative impact policy changes.
What does it mean if my occupation is removed from the SOL?
When your occupation is removed from the SOL it means that you will be unable to apply under the Skilled Independent subclass 189 visa or the Skilled Regional Sponsored (Relative) subclass 489 pathways. Instead you will need to apply via the Skilled Nominated subclass 190 or the Skilled Regional Sponsored (State/Territory) subclass 489 visa pathways. This is assuming that your occupation is on the CSOL and relevant Australian state/territory occupation lists.
What about the CSOL and RSMS occupation lists?
DIBP may also make changes to the CSOL and RSMS occupation list. However it may not come as a surprise if changes are made, especially since the DIBP has been adopting a closing-the-door mentality to the migration programme.
Changes to the 457 visa occupation list
The Minister for Immigration Peter Dutton recently spoke to the media and mentioned that the 457 visa occupation list will be “condensed”, signalling a potential shortening of the list and removal of some occupations. Although the occupations to be removed have not been specified, occupations which have been monitored heavily by the DIBP such as Café and Restaurant Manager, Chef, etc. may be likely to be removed from the 457 occupation list. Read our previous blog on the topic here.
Leaked discussion papers indicate a possibility of universal two-stage visas for migrants to Australia
On 30 November 2016 media reported a leaked Cabinet document which discusses the probability of a universal two-stage visa process for all migrants looking to migrate to Australia. This means that all migrants will have to undergo a provisional visa stage before being granted a permanent visa.
While it is stated that the cause for such a change is to ensure migrants are able to assimilate and adapt to the Australian way of life, the Department of Social Services have indicated a fear of creating social divisions between Australians and migrants.
Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers
There are currently a large number of visas where applicants obtain permanent residency immediately upon visa grant. These visas include the subclass 189 Skilled Independent visa, the subclass 190 Skilled Nominated Visa, the subclass 187 RSMS visa, the subclass 186 Employer Nomination Scheme (ENS) visa, the subclass 143 Contributory Parent visa, the subclass 858 and subclass 124 Distinguished Talent visa and the subclass 132 Business Talent visa. The proposed changes will enforce a provisional visa stage for the visa applicants above. This means a delay in Medicare eligibility, and possibly the need to pay international student fees for school-age children. Essentially the attractiveness of the visas is reduced.
From a migration perspective this means that migrants may be facing checks at three separate stages. Migrants will be assessed at:
the initial visa application stage
the provisional visa to permanent visa application stage
the permanent visa to citizen stage
During the application stages above it provides the DIBP an opportunity to conduct checks on a migrant and their suitability for further stay in Australia. With the increasing emphasis of s501 – Character and PIC 4020 – Bogus and Misleading Information, migrants will need to be very careful to ensure all documents and information submitted to the DIBP are accurate and genuine.
Section 501 of the Migration Act 1958 – Visa cancellation powers
Section 501 part (3A) of the Migration Act allows the Minister of Immigration to cancel provisional and permanent visas when a visa holder fails the “character test”. This would apply to provisional and permanent visa holders who:
are charged with a sexual offence involving a child;
have a substantial criminal record, which includes:
receiving a death sentence
receiving a sentence of life imprisonment
sentenced to a term of imprisonment of 12 months or more (can be cumulative)
plead of insanity and detainment in a facility or institution
not being fit to plead, but found guilty of an offence and detailed in a facility or institution
The application of such powers was evidently demonstrated when convicted bikies and other charged criminal offenders had their visas cancelled and were forced to leave Australia.
It is expected that the DIBP will continue to utilise this cancellation power to remove visa holders who are of negative influence or character. The DIBP will be checking on visa holders at the visa and citizenship application stages, as mentioned in the earlier paragraph.
Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers
The trend in policy changes from the DIBP is that the doors are closing. There have been knee-jerk reactions to the 457 visa abuse reported earlier in the year and thus the DIBP is taking a tough stance to all visa applications and compliance with visa and sponsorship obligations. In fact Australia was recently mentioned in a travel article to be one of the toughest customs and immigration authorities in the world.
The current DIBP mentality also means that visa applicants and sponsors should not think that they are safe from scrutiny once a visa application is complete. There have been increasing reports of compliance monitoring for sponsored work visas, especially in the hospitality industry. Provisional and permanent visa holders are also subject to monitoring as mentioned in the section 501 write-up above.
These policy discussions and changes indicate a “closing-the-door” trend and are in stark contrast to Canada, a country similar to Australia in terms of geography (large land mass but concentrated population in a few areas) and economy. Just yesterday the Canadian government announced a new Global Skills Strategy programme which will target highly skilled migrants and encourage them to move to Canada. If Australia continues to tighten its migration policies, we will be losing out in terms of attracting skilled and highly qualified professionals from overseas, which will help in boosting the Australian economy, innovation and cushion the effect of our aging population.
This information is accurate on 2 December 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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The Backpacker Tax has been voted in to be set at 15%. Tax on superannuation for backpackers is also set at 65%.
The Australian government is likely to pass legislation to affix the Backpacker Tax at 15%. This is a significant reduction from the 32.5% planned to be implemented on 1 January 2017.
The taxing on superannuation for backpackers will also be set for 65%, rather than the 95% proposed earlier.
This is a huge relief to Working Holiday and Work and Holiday visa holders to Australia. The lower taxes will allow them to save, spend and travel around Australia more.
The breakthrough came about as the Greens supported the coalition government’s 15% tax rate.
The changes are likely and we will update this space once the confirmation is available.
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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Effective from 19 November 2016, subclass 462 Work and Holiday visa holders will be eligible to apply for a second Work and Holiday visa if they have worked for at least 88 days or 3 months in the specified work. This specified work usually includes work in agriculture, forestry, fisheries, in regional areas. We do not have the details on what will constitute specified work for the 462 and will do further post on this when it becomes available.
The subclass 462 Work and Holiday visa is for young travellers aged 18 to 30 from the following countries:
Argentina
Bangladesh
Chile
China, People's Republic of
Indonesia
Israel
Malaysia
Poland
Portugal
Slovak Republic
Slovenia
Spain
Thailand
Turkey
USA
Uruguay
Please be aware that the subclass 462 (Work and Holiday) visa is different from the subclass 417 Working Holiday visa. With the changes introduced the subclass 462 (Work and Holiday) visa will be on par with the subclass 417 Working Holiday visa which allows for visa holders to apply for a second visa to extend their stay in Australia.
The move will also be a boost to regional Australia tourism and employers who find it difficult to find help in the bush or the outback.
Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers
The change announced is a positive development for the subclass 462 (Work and Holiday) visa, which has been in the shadows of the Working Holiday subclass 417 visa for a long time. The fact that this visa class is limited in numbers to the eligible countries makes this legislative change even more valuable to holders fortunate enough to obtain the visa.
While it is good to see the Department of Immigration and Border Protection (DIBP) introduce changes to assist with the seasonal workforce requirements for northern Australia, it could be more beneficial if the criteria for a second Work and Holiday visa be extended to work done in other parts of Australia as well.
Another possible change that is in discussion at the moment is the increase of the upper age limit for both the subclass 462 (Work and Holiday) visa and the Working Holiday subclass 417 visa from 30 to 35 years of age. Work Visa Lawyers will publish the updates as they become available. Follow us on Facebook or Twitter to get the latest news updates!
This information is accurate on 3 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:
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The state of New South Wales (NSW) has announced its state nomination criteria for the Entrepreneur visa. This makes NSW the first state or territory to start accepting applications for nomination under the Entrepreneur visa. No other Australian state or territory has published their criteria as yet.
The NSW criteria is summarised as below:
- You will need to meet the eligibility criteria as outlined by the Department of Immigration and Border Protection
- You must submit a business plan detailing your entrepreneurial venture
- The NSW State Department must approve your business plan and be satisfied that the outlined venture will develop an enterprise or business in NSW, or commercialise a product or service in NSW
- You must have sufficient assets for settlement in NSW
You should also read up on the additional explanation provided by the NSW State Department about the complying entrepreneurial activity and acceptable funding here.
As described by the NSW State Department:
“NSW Entrepreneur visa nomination criteria continue to demonstrate our commitment to make Sydney and NSW a competitive business migration destination by making it simple and easy for potential Entrepreneur visa applicants.”
“As Australia’s capital of innovation, NSW is committed to making it easier for talented entrepreneurs to migrate and settle in Sydney and NSW.”
If you need further clarification about the NSW state nomination criteria for the Entrepreneur Visa you can arrange a meeting with the multilingual Business Migration Relationship Officers in the NSW State Department. You will be able to contact them by:
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Call: +61 (2) 9934 0704 (9:00 am – 5:00 pm AEDT Monday to Friday).
Alternatively contact Work Visa Lawyers to assess which business or investment visa option is more appropriate for your circumstances. Our Registered Migration Agents are familiar with all business and investment migration visa options, and will be able to explain the visa requirements and application procedures to you.
Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers
New South Wales has acted swiftly to attract more investment into the state. As the number one business and investment migration destination in Australia, the quick action to establish and announce the nomination criteria will further attract entrepreneurs to set up in New South Wales.
The criteria announced are very generous and do not add more difficulty above the Department of Immigration and Border Protection (DIBP) requirement. The big benefit may be those who assist with writing business plans as a strong business plan is essential for a NSW nomination approval.
The remaining Australian states and territories need to launch their nomination process as soon as possible before the majority of eligible entrepreneurs head to New South Wales under the Entrepreneur visa. Otherwise they might have to introduce a looser requirement to attract entrepreneurs at a later stage.
This information is accurate on 28 October 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.
The Regional Sponsored Migration Scheme visa (subclass 187), popularly referred to as the “RSMS visa” is an attractive Australian visa for professionals being sponsored to work in the regional areas of Australia. The RSMS visa grants you and your family members permanent residency in Australia. Here is an overview of what the RSMS visa allows you (and your family – partner and children) to do in Australia:
Live in Australia indefinitely
Work for the sponsoring company for at least 2 years
Travel in and out of Australia repeatedly for a period of 5 years
Study in Australia as a domestic student
Enjoy benefits such as Medicare, First Home Buyer’s Grant, Family Tax Benefits, etc.
While it sounds very attractive, especially in comparison to the temporary work 457 visa, it is important to note that the requirements to apply for the RSMS are very different from the 457 visa application. Here are the 10 things you need to know about applying for a RSMS visa.
No. 1 – What are the regional areas in Australia for the purposes of the RSMS visa?
The regional areas of Australia include all parts of Australia except Brisbane, Gold Coast, Newcastle, Sydney, Wollongong and Melbourne.
No. 2 - The 3 streams of the RSMS
There are 3 application pathways or streams for the Regional Sponsored Migration Scheme visa (subclass 187). The 3 streams available are:
(i) Temporary Residence Transition stream
This stream is available for Temporary Work (Skilled) visa (subclass 457) holders who have worked for the sponsoring employer for at least 2 years. You will also need to meet vocational English requirements unless you are exempt. No skills assessment is required.
(ii) Direct Entry stream
This is available for applicants who:
have never, or only briefly worked in Australia
hold a Temporary Work (Skilled) visa (subclass 457) but do not qualify under the Temporary Residence Transition Stream
are applying directly from outside Australia
You will need to meet competent English requirements (unless exempted) and also meet the skills requirements, which are explained in more details below.
(iii) Agreement stream
This stream is only applicable if you are being sponsored by an employer through a tailored and negotiated labour agreement. The age, skills and English requirements will be stated in the labour agreement.
No. 3 - Offer of employment in skilled position on a relevant list from an Australian business
The employer is an important part of the application process. You must have an Australian employer who is willing to sponsor you for an occupation that is on the appropriate occupation list.
For the Temporary Residence Transition stream you will need to refer to the Consolidated Sponsored Occupations List. The nominated occupation for the RSMS subclass 187 visa must have the same four-digit occupation unit group code as the occupation being carried out by the employee.
For the Direct Entry stream you will need to refer to a special legislative instrument for the list of occupations suitable for nomination. The occupations are specified in the legislative instruments IMMI 15/083 and IMMI 15/109. You will also need to seek Regional Certifying Body (RCB) approval before being able to nominate a position. More details about the RCB are explained below.
For the Labour Agreement stream you will need to check if an agreement is in place for the occupation being nominated. The occupation must have a Labour Agreement in place to be suitable for nomination.
If you need help with the position being nominated, please seek the help and advice of Work Visa Lawyers.
No. 4 – Visa applicant requirements for the RSMS Direct Entry
Applicants applying for the RSMS Direct Entry visa need to meet English, skills and age requirements.
For English applicants will need to demonstrate Competent English, which is shown by obtaining English test scores of IELTS 6.0 in all components, or equivalent alternative test scores. You will meet the English requirements if you are a holder of a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland.
You may be exempt from the English requirement if you command a very high salary for the position or are nominated for a select group of occupations.
The visa applicant must meet the skills and qualifications requirement for the nominated occupation. The skills and qualifications required for each occupation can be found at the ANZSCO list from the Australian Bureau of Statistics. Trade occupation applicants will need to obtain a skills assessment if the relevant qualifications were obtained outside of Australia.
Professions such as medical practitioners and nurses will need to obtain full practising registration in Australia before they can apply. As such many candidates from such professions will apply for a 457 visa first to work and obtain registration in Australia, before applying for permanent residence via the Temporary Transition stream later.
All Direct Entry 187 RSMS visa applicants need to be under the age of 50, unless exemptions apply.
No. 5 – Employer requirements for the RSMS Direct Entry
The employer will need to offer a position that is available for at least two years from the time the RSMS visa is granted. The occupation needs to be on one of the occupation lists relevant for the RSMS visa. Prior to the RSMS nomination and visa application the employer needs to apply for a Regional Certifying Body (RCB) certification. The RCB certification requires the employer to:
- advertise the position to show that the employer was unable to find a local Australian citizen or permanent resident to work in the position
- demonstrate genuine need for the position
Without a RCB approval your RSMS visa is likely to be refused by the DIBP.
No. 6 – Advantages of the RSMS Direct Entry subclass 187 visa
There are two advantages to the RSMS visa application. Firstly the nominated position is not subject to the Temporary Skilled Migration Income Threshold (TSMIT) which is $53,900. This means that unlike the 457 Temporary Work Visa the RSMS visa is suitable for occupations which have an annual market salary lower than $53,900 (such as cooks or restaurant and café managers). Secondly the RSMS occupation list has more occupations than the Consolidated Skilled Occupation List (CSOL) used for the 457 visa. A good example is Hotel Service Managers which are available for sponsorship under the RSMS visa but not for the 457 Temporary Work Visa.
Other advantages would include the exclusion from 457 visa sponsorship obligations and the fact that visa applicants (the employee and family) will receive Australian permanent residence from date of grant, with access to Medicare and international school fee waivers.
No. 7 – RSMS Temporary Transition requirements for existing 457 visa holders
The key requirements for a 457 visa holder to apply for the RSMS via Temporary Transition are:
- the applicant must have held the 457 visa and worked under the same employer for at least 2 out of the last 3 years before applying. There are very limited exceptions for this
- the employer has paid the correct salary, superannuation and withheld taxes for the work done under the 457 visa employment
- the employer meets the Training Benchmark requirements. This means that the employer has provided an acceptable amount of training for its Australian citizen and permanent resident employees, or has made a contribution to a relevant industry training fund
No. 8 – Advantages of the RSMS Temporary Transition subclass 187 visa
The required English ability for this visa application is Vocational English, which is IELTS 5.0 in all components or equivalent English test results. There is also no need for skills assessments, demonstration of skills or qualifications if the 457 visa holder has been employed in the position for at least 2 years. The Temporary Transition pathway also allows access to a health waiver, which will be helpful to a family which may have a family member who is ill. Do note that there is no guarantee that a health waiver will be granted.
No. 9 – Obligations to be met by the Employer and Employee under the RSMS visa
The most recent focus is on the “Payment for Visas” conduct where visa applicants have paid employers in return for a RSMS sponsorship. Recently passed legislation now allows both the employer and employee to be subjected to civil and criminal penalties, which include fines and imprisonment. The Department can also cancel the RSMS visa of the employee who engaged in such illegal conduct.
Additionally the Migration Act also allows the Department to cancel the RSMS visa of an employee if:
1) the employee does not start working for the employer within 6 months of arriving in Australia
2) the employee does not make a genuine effort to stay and work with the employer for at least 2 years
No.10 – Do I need help with a RSMS subclass 187 visa?
The RSMS involves multiple stages and can be a complex application for both the employer and employee. In 2014 73.8% of RSMS applications submitted were prepared by Registered Migration Agents.
More importantly using the services of a Registered Migration Agent provides accountability, consumer protection and expertise required to submit a strong application on your behalf.
At Work Visa Lawyers we have a team of Immigration Lawyers and Registered Migration Agents who can assist you with RSMS applications regardless of the industry.
Time stamps
0:44 - #1 What are the Regional Areas in Australia?
1:30 - #2 The streams to an RSMS - Direct Entry, Temporary Transition and Labour Agreement
2:21 - #3 Offer of employment in skilled position on a relevant list from an Australian business
4:29 - #4 RSMS Direct Entry requirements for the visa applicant
6:10 - #5 RSMS Direct Entry requirements for the employer/business sponsor
7:09 - #6 Advantages of the RSMS Direct Entry pathway
8:16 - #7 RSMS Temporary Transition requirements for the visa applicant
8:58 - #8 Advantages of the RSMS Temporary Transition pathway
9:53 - #9 Obligations of the RSMS visa for visa applicant and employer sponsors
10:55 - #10 Do I need help with a RSMS subclass 187 visa
Hope you found the video helpful! Remember to subscribe to the Work Visa Lawyers channel for more videos.
You can find more information about the RSMS visa from the Work Visa Lawyers blog articles:
Work Visa Lawyers is experienced in a variety of Australian visa application, including: Employer Sponsored Visas | 457 visas | RSMS 187 visas | ENS 186 visas | Standard Business Sponsorship | Meeting Training Benchmarks and Creating Training Plans | RCB certification | Labour Market Testing | Market Salary Research | General Skilled Migration | State Nomination | Partner visas | Parent visas | Business Migration visas | and others.
Contact Work Visa Lawyers today if you need help with an Australian visa application.
This information is accurate on 21 October 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.
A new Temporary Activity Visa Framework for Australia will commence on 19 November 2016. With effect from 19 November 2016 there will only be four temporary activity visas, namely:
- Subclass 400 Temporary Work (Short Stay Specialist)
- Subclass 403 Temporary Work (International Relations)
- Subclass 407 Training
- Subclass 408 Temporary Activity
The new framework will also remove the following visa subclasses:
- Subclass 401 Temporary Work (Long Stay Activity)
- Subclass 402 Training and Research
- Subclass 416 Special Program
- Subclass 420 Temporary Work (Entertainment)
- Subclass 488 Superyacht Crew
The streamlining of the temporary activity visa programme is part of the Australian Government’s plan to improve the efficiency of processing visas.
While the regulations have not been officially released by the Department of Immigration and Border Protection (DIBP), the following information has been provided in briefings:
- Visa application charge (VAC) for all four subclasses will be A$ 275.00
- All applications should be lodged online. Paper applications are only available for the Subclass 403 visa
Further descriptions about the four visas are available from the DIBP website:
Subclass 400 Temporary Work (Short Stay Specialist) visa
This visa would be for people who want to come to Australia on a temporary basis to:
undertake short-term, highly specialised, non-ongoing work
in limited circumstances, participate in an activity or work relating to Australia’s interests.
There is no need for sponsorship for this visa. The visa will be granted for a maximum of 3 months stay.
Subclass 403 Temporary Work (International Relations) visa
This visa would be for people who want to come to Australia on a temporary basis:
in relation to a bilateral agreement
to represent a foreign government or to teach a foreign language in an Australian school
to undertake full-time domestic work for a diplomat
as a person with statutory privileges and immunities
to participate in the Seasonal Worker Programme.
Subclass 407 Training visa
This visa would be for people who want to come to Australia on a temporary basis to undertake occupational training or participate in classroom based professional development activities.
The subclass 407 Training visa involves Sponsorship, Nomination and Visa Application. The training provider will be the sponsor of the occupational trainees. Applicants will need to demonstrate functional English and the maximum stay for this visa is 24 months.
PhD students, university researchers and academics will now apply under the subclass 408 Temporary Activity visa.
Subclass 408 Temporary Activity visa
This visa would be for people who want to come to Australia on a temporary basis to:
work in the entertainment industry
participate in a non-ongoing cultural or social activities at the invitation of an Australian organisation
observe or participate as an academic in a research project
undertake full-time religious work
participate in a special programme to enhance international relations and cultural exchange
participate in high-level sports (including training)
work in a skilled position under a staff exchange arrangement
participate in an Australian government endorsed event
work as a superyacht crew member
undertake full-time domestic work in the household of certain senior foreign executives.
Sponsorship for this visa is required if the application is lodged onshore. Offshore applications will also require sponsorship if the stay required is longer than 3 months. Offshore applications applying for stay periods lesser than 3 months will not require sponsorship. Nomination applications are not necessary for this visa.
Important Note:
Temporary activity visa applications lodged before 19 November 2016 will be processed under current legislation. If a visa application is made on or after 19 November 2016, you will be unable to link the visa application to a previously approved nomination. In other words you will need to resubmit a nomination before you can submit the visa application.
Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers
The new temporary activity visa framework is a step in the right direction to streamline visa applications and allow visa applications to be processed faster. However it is worth noting that when the Student visa programme underwent a similar streamlining process the transition was less than smooth for many applicants. There were reported delays that many student visa applications took longer than expected, and were processed slower compared to the previous programme. Hopefully the transition for the temporary activity visas will be smoother this time around.
This information is accurate on 14 October 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.
With the Australian Parliament back in motion, developments to the Australian visa programme have been announced in quick succession. Here are two recent news update that will be of interest to many.
Lower taxes, visa application fees and more for Working Holiday Visas holders
On 27 September 2016 The Hon. Scott Morrison MP, Treasurer for the Australian Government, released a media statement announcing a string of changes to the benefit of Working Holiday visa applicants and holders. The changes include:
- Lower taxes for working holiday visa holders
Taxable income
Tax on this income
0 – $37,000
19c for each dollar over $0
$37,001 – $80,000 ($87,000)
$7,030 plus 32.5c for each $1 over $37,000
$80,001 ($87,001) – $180,000
$21,005 plus 37c for each $1 over $80,000 ($87,000)
$180,001 and over
$58,005 plus 45c for each $1 over $180,000
The $80,000 threshold is increasing to $87,000 for the 2016-17 financial year; tax paid calculation is based on the $80,000 threshold.
- Lower visa application fee for the working holiday visas
- A$ 10 million in funding to campaign for and attract youth around the world for the working holiday visa programme
- Allowing working holiday visa employees to stay with one employer for 12 months (instead of 6 months previously) provided the location of employment is different
Employers of working holiday visa holders will also need to register with the Australian Taxation Office (ATO) to withhold taxes at the 19 per cent tax rate. An additional A$ 10 million will be provided to the ATO and Fair Work Ombudsman (FWO) to address workplace exploitation of working holiday visa holders.
Working holiday visa holders will need to note that a 95 per cent tax applies for the Departing Australia Superannuation Payment (DASP), which will be effective from 1 July 2017.
New Temporary Visa for Parents to stay in Australia for up to 5 years
Assistant Minister for Immigration and Border Protection Alex Hawke recently announced the Department’s plan to introduce a new temporary visa for parents of Australian citizens, permanent residents and Eligible New Zealand citizens. Under the new temporary visa to be introduced parents who are sponsored by their Australian citizen, permanent resident or eligible New Zealand citizen child will be able to visit and stay in Australia for a period of up to 5 years.
The new temporary visa for parents is planned to be implemented in July 2017 and is currently at a community discussion stage. This means that details about the new temporary visa may change and the confirmed details may only be published closer to July 2017.
Information about the new temporary visa for parents currently includes:
- the validity of the visa is determined by the needs of the sponsor. As such the visa can allow parents to stay for one, three or five years
- the sponsor(child) must have resided in and contributed(be employed and paid taxes) to Australia
- the sponsor will need to demonstrate that they can support their parents in Australia
- the parents will need to have adequate health insurance
- a bond will be required for the duration of the visa validity
As mentioned this visa is currently not in effect and further details will be provided as they become available.
Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers
The changes announced for the Working Holiday visa holders are a good direction in attracting skilled youth to visit Australia. The working holiday visa programme provides casual and seasonal workers for the agricultural industry and is a big help to Australian farmers. Making the working holiday visa attractive is important for the agricultural and tourism industry of Australia. The big u-turn to the originally planned backpacker’s tax is helpful for the working holiday visa programme.
The announcement of the temporary visa for parents is also a good direction in allowing families to spend more time with each other. However it is worth noting that in the Productivity Commission Inquiry Report on Migrant Intake into Australia, No.77 released on 13 April 2016, it is noted that the report finds that the contributory fee (currently A$ 43,600) for the subclass 143 Contributory Parent visas are deemed insufficient to cover fiscal costs of granting a parent visa. It is estimated that the fiscal costs for a single parent visa holder ranges between A$ 335,000 to A$ 410,000. Based on this finding we may see a significant increase to the contributory fee soon.
If the contributory fee for parents does increase, it may drive more applicants to apply for the new temporary visa for parents. Check back with Work Visa Lawyers as we will provide you with the latest changes about the parent visas as they become available.
This information is accurate on 30 September 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.
The new Entrepreneur Visa which was first mentioned in December 2015 will be open for applications before the end of 2016, according to the announcement by the Australian Government National Innovation and Science Agenda. The legislative instrument which lists the criteria for the new Entrepreneur Visa was registered on 6th September 2016 and contains the following information about the new visa stream:
- The Entrepreneur visa will be part of the Business Innovation and Investment visa programme
- Applicants will need to submit an Expression of Interest (EOI) and be nominated by a State/Territory government
- The entrepreneurial entity should not be related to residential real estate or labour hire or involve purchasing an existing business or franchise
- The applicant needs to be below age 55 (unless exempted by the nominating State or Territory) and have Competent English (IELTS 6.0 in all components or equivalent English test results)
- One or more funding agreements for a total sum of at least A$200,000 must be obtained from an approved third party, which includes State and Territory governments, Commonwealth agencies, Publicly Funded Research Organisations, and investors registered as a Venture Capital Limited Partnerships (VCLP) or Early Stage Venture Capital Limited Partnerships (ESVCLP)
- The applicant must have a business plan outlining activities for the venture
Applying for Australian Permanent Residency as an Entrepreneur Visa Holder
The holder of the new Entrepreneur visa will be eligible for permanent residency through the Business Innovation and Investment (Permanent) visa (subclass 888) after holding the Entrepreneur visa for four years. The visa holder will also need to:
- Reside in Australia for at least 2 of the last 4 years
- Demonstrate success in the entrepreneurial venture, with consideration to:
the number of Australian citizens and permanent residents employed by the venture
the level and nature of funding and investment for the venture
the annual turnover of the venture
- maintain an ongoing relationship with the nominating State/Territory Government (visa condition 8571)
As the Entrepreneur visa is at its early introduction stage, we will be bringing you more updates once they are available. Follow Work Visa Lawyers on Facebook, Twitter and Google+ to receive the latest news about Australia migration and visas.
UPDATE 12 September 2016
The success of the entrepreneurial venture is demonstrated by completing at least two key success factors or a combination of one key success factor and three supporting success factors.
Key success factors include:
Employing two or more Australians, permanent residents or other eligible persons
Generating an annual turnover of at least AUD300 000
Filing a provisional patent or acquiring a standard or innovation patent
Receiving ongoing funding or investment in your entrepreneur activity
Entering into a partnership with a University
Selling an entrepreneurial venture for AUD2,000,000.
Supporting success factors include:
Diversifying entrepreneurial activities into other business areas
Receiving a statement of success from a state or territory government nominator
Receiving sponsorship from the corporate sector
Starting at least one other business or contributing to at least two other businesses
Receiving formal awards or recognition
Raising or contributing to social capital.
Please check with Work Visa Lawyers if you have questions about the requirements.
Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers
While the visa requirements for the Entrepreneur visa look simple based on the information currently available, discussions with industry specialists have highlighted the fact that obtaining approved funding from an approved third party will not be easy and straightforward. The second stage will also require caution as the success factors to be demonstrated are not clearly defined at this moment.
Opportunities for Accountants and other potential migrants
The Entrepreneur visa may be helpful for visa applicants of other streams or categories who are facing long processing/waiting periods for their visa. A good example of this would be general skilled migration applicants who are accountants, but are sitting on less than 70 points on the points test. An innovative idea may allow the applicant to apply for the Entrepreneur visa, and obtain a visa faster than the general skilled migration visas.
More information will be provided once they are available.
This information is accurate on 7 September 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.
The South Australian (SA) State Government has introduced school fees for 457 visa holders starting on 1 January 2017. New 457 visa holders who arrive in South Australia from 1 January 2017 will have to pay school fees for each child attending public schools. You will not be required to pay the school fees if your annual gross household income is $57,000 or lower. 457 visa holders are also charged school fees in Western Australia (WA), New South Wales (NSW) and the Australian Capital Territory (ACT).
Do note that this is only applicable to new 457 visa arrivals in SA from 1 January 2017 onwards. It will be extended to all 457 visa holders on 1 January 2018.
Here are the details about the school fees applicable:
Applicable Fees
$5,100 for each primary school child
$6,100 for each secondary school child
The full amount is applicable to the eldest child, with a 10% discount on the fees for subsequent children in school.
Payments can be made upfront, per semester/term or in regular instalments.
Income Means Testing
Families do not need to pay the full fee if their annual gross income does not exceed the income threshold. The income threshold is calculated as follows:
Family with 1 child - $77,000
Family with 2 children - $87,000
Family with 3 children - $97,000
Each additional child will increase the threshold by $10,000.
So how much do I have to pay if my gross income is above $57,000 but below the threshold?
Since you do not meet the threshold income level, you will only need to pay a percentage of the contribution fees. The percentage is calculated as such:
Family with 1 child – 5% for each $1,000 above $57,000
Family with 2 children – 3.33% for each $1,000 above $57,000
Family with 3 children – 2.5% for each $1,000 above $57,000
Here are some examples provided by the South Australia Department for Education and Child Development:
Example 1
Tomas commences work under a 457 visa arrangement and will be paid a gross income of $67 000 pa. He is accompanied by his wife, who is not in paid work, and their eight-year-old daughter, who is enrolled at the local government primary school. His contribution payable would be calculated as follows:
Step 1: Primary school rate of $5100 is the full contribution rate
Step 2: Gross family income is $67 000
Step 3: Relevant family income threshold at which full fees are payable is $77 000
Step 4: As the gross family income is between $57 000 and $77 000, Tomas will not be required to pay the full contribution rate. His income is $10 000 above the $57 000 limit, so the fee payable will be 10 x 5% x $5100 = $2550.
Example 2
Aisha commences work under a 457 visa arrangement and will be paid a gross income of $61 200 pa. She is accompanied by her husband, who is working part time and earning $20 400 p.a., and their two children. Both children attend government schools; one in secondary school, the other in primary school. The contribution payable would be calculated as follows:
Step 1: The full contribution rate is $6100 + ($5100 x 90%) = $10 690
Step 2: Gross family income, (rounded down to the nearest whole $1,000), is $81 000
Step 3: Relevant family income threshold at which full contribution is payable is $87 000
Step 4: As the gross family income is between $57 000 and $87 000, Aisha will not be required to pay the full contribution fee rate. Her family income is $24 000 above the $57 000 limit, so the fee payable will be 24 x 3.33% x $10 690 = $8 552.
Example 3
Lucinda is a sole parent who commences work under a 457 visa arrangement, and will be paid a gross income of $200 000. She is accompanied by her three children, each of whom attend government schools; one in secondary school, the other two in primary school. The contribution payable would be calculated as follows:
Step 1: The full contribution rate is $6100 + (($5100+ $5100) x 90%) = $15 280.
Step 2: Gross family income is $200 000
Step 3: Relevant family income threshold at which full fees are payable is $97 000
Step 4: As the gross family income is above $97 000, Lucinda will be required to pay the full contribution rate of $15 280.
If you are a permanent resident visa holder there is no need for you to pay the contribution fee. You can contact the Department for Education and Child Development (DECD) if you need further information.
Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers
This policy will make South Australia an unattractive destination for 457 visa workers with families. Additionally a SA business which genuinely needs a skilled overseas worker to work in SA will have to provide a higher salary package to compensate for the school fees applicable. Costs to the business will be higher if a South Australian business has to sponsor an overseas worker for a 457 visa.
Another note is that the new school fees for 457 visa holders are very complicated. To assess each individual 457 visa holder’s gross income and family composition to calculate the applicable fees will take time and labour. I would guess that the public cost of administering the school fees may be very high to the SA government.
This may cause more applicants to consider the Regional Sponsored Migration Scheme (RSMS) subclass 187 visa instead of the 457 visa if they are to be sponsored by a South Australian business. Many 457 visa holders may also be pushed to apply for permanent residency via the Employer Nomination Scheme subclass 186 visa or the RSMS visa via the Temporary Transition stream. There is now more incentive to consider the permanent RSMS visa over the temporary 457 visa.
This information is accurate on 5 August 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.
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:
enrolment requirements
English language requirements
financial capacity requirements
Genuine Temporary Entrant (GTE) requirements
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.
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.
Submitting a visa application is the first step in obtaining temporary or permanent residence in Australia. While most visa applications are finalised in 6-12 months, some visa applications such as the Partner Visa can take up to 24 months to finalise.
As such it is important to consider not only the documents, information and situation at the time of submitting your application, but also to be aware of what needs to be done until the visa is granted.
What do you need to do after you have submitted your partner visa application?
24 months of uncertainty over the visa application outcome can add stress to the relationship between partners. It is important that the relationship remain strong throughout the application process and also continue to collect and build evidence that shows an ongoing and growing relationship. Even after submitting your application, you should continue to:
gather documents that show co-habitation, such as utility bills in both names or letters to both addressed to the same address
compile photographs of both together at social events
share financial responsibilities and actively use joint bank accounts for financial transactions
There are more that can be done but the above are some examples that require continuation even after lodging your partner visa application. Case officers can call to ask questions, or make site visits to determine the authenticity of the relationship and application. Any deterioration or adverse effect to the relationship will decrease the chances of a successful visa application.
The 2 Year Provisional Period
Most partner visas that are approved are provisional for a period of at least 2 years from the date of visa application. While the applicant holds Australian temporary residency and has access to Medicare, the temporary residency status can be revoked if the relationship dissolves within 2 years from the date of visa application lodgement. Therefore it is important to note that the relationship must continue to exist for at least 2 years from the date when the Department of Immigration and Border Protection (DIBP) received the partner visa application.
Once the 2 years have passed the applicant and sponsor should pro-actively contact the DIBP if they have not received any contact from the Department. You can initiate the second stage assessment for the permanent partner visa by using the information and instructions on the Partner (Permanent) Calculator on the DIBP website. Usually the Department will send you correspondence for this so it is very important that you update the Department if your residential or correspondence address has changed over the 2 year period.
Once the assessment is completed the applicant will receive the permanent Partner Visa (subclass 801). You can only sponsor relatives when you receive the permanent Partner Visa.
What if there are complications to the relationship during the 2 year provisional period?
While it is a requirement to fulfil the 2 years before obtaining the permanent Partner Visa, it is possible to have the permanent visa granted earlier if the following circumstances occur:
your sponsor or de facto partner dies, the relationship would have continued if they had not died, and you have developed close business, cultural or personal ties in Australia
the relationship breaks down and there is a child of the relationship
the relationship breaks down due to family violence
You will need to contact the Department immediately if the events above occur. It may also be helpful to seek the advice of a Registered Migration Agent first to assess the situation.
What if there is Domestic Violence?
There are provisions in the Migration Act to protect holders of the provisional partner visa against domestic violence. The provisions aim to protect provisional partner visa holders from being abused by partners who use the provisional visa status as leverage. While it is unpleasantly true that such cases do occur, the victims of domestic violence must provide enough evidence to the Department to support such claims.
You are advised to seek the advice of a Registered Migration Agent with experience in such cases to assess the evidence you have to claim domestic violence in the relationship.
Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers
The Australian Partner Visa application has been plagued with increasingly longer waiting periods and this has made the uncertain waiting period a test to a couple’s relationship. It will be harrowing to find out that the visa application is refused after waiting for close to 24 months. As such it is best to submit an application that is strong with supporting evidence at the beginning, to ensure the best chances of success for the application. Prepare your application well before submitting it to the DIBP.
Another note is that applicants with Schedule 3 considerations, where the applicant was unlawful in Australia at the time of application, are less likely to receive waivers as the Department has been very strict in assessing the “compelling reasons” criteria. If you are an applicant with Schedule 3 considerations, please check with a Registered Migration Agent first before lodging your Partner Visa application.
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.
On 15 March 2016, the Department of Immigration and Border Protection (DIBP) introduced new provisions that allow priority processing of visitor visa applications for Chinese nationals. This program is being run as a trial for the moment, and may expand to include applicants of other nationalities at a later date.
The following are further details:
The priority processing is only available to passport holders for the People’s Republic of China
The request for priority processing is only available for applicants of the Visitor Visa Tourist or Business Visitor streams
The fee for priority processing is A$ 1,000 in addition to the original visa application fee
The method to request for priority processing differs according to your visa application lodgement method
While you can request for priority processing, there is no guarantee that the visa will be granted quickly. The DIBP repeatedly reminds you that the finalisation of the visa application also depends on factors such as the applicant meeting the health and character requirements. You cannot ask for a refund of the priority processing fee unless the visa application fee is refunded.
Therefore it is best that you prepare all necessary documents and complete all health and character checks before requesting for the priority processing.
Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers
The introduction of the priority processing looks positive in encouraging more visitors from China. It also demonstrates the improving bilateral ties between Australia and China. The option of priority processing may also facilitate travel plans for tourists and business visitors from China.
However it will be interesting to observe if the normal processing timeframe gets slower, inevitably forcing more applicants to choose the priority processing option. Furthermore the additional A$ 1,000 spent on applying for a visa may be perceived as a barrier to visit Australia, and may also reduce the amount of travel allowance available while visiting Australia. This means that the spill-over benefits to local Australian businesses and vendors will be reduced.
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.
Prime Minister of Australia, Malcolm Turnbull has announced new visa pathways for innovative entrepreneurs under the new National Innovation and Science Agenda. Australia has recently been ranked low among global innovation standards and this announcement seems to cater to the concerns of the lack of innovation in Australia.
According to the strategy announced, changes to the Australia migration programme will include the following:
1) Postgraduate by research graduates will receive additional points for General Skilled Migration visa applications
Many postgraduates find themselves short of points when applying for General Skilled Migration (GSM) visa as they lack work experience. With the newly announced changes, postgraduate by research graduates in science, technology, engineering and mathematics (STEM) will receive extra points which will provide more options for permanent residency in Australia after their studies.
2) New Entrepreneur Visa will provide overseas entrepreneurs with a pathway for Australian permanent residency
This new visa category will allow overseas entrepreneurs with innovative ideas to apply for a provisional visa with a pathway to permanent residency upon fulfilling criteria such as business growth and creation of jobs. To qualify for the Entrepreneur visa you will have to:
Gain financial backing from a third party, which will likely be assessed by the newly created Innovation and Science Australia (ISA)
Possess an innovative and high-growth potential idea that can be implemented in Australia
The new Entrepreneur Visa is planned to be introduced in November 2016. Work Visa Lawyers will bring you more updates as it becomes available.
It is likely that the new Entrepreneur Visa will be categorised as part of the Business Innovation and Investment programme. While the new visa option will not be available until end of 2016, applicants are encouraged to consider current options such as the 188 and 132 visas that may provide a more suitable pathway to permanent residence in Australia. You can view the summary of current business visa options here.
Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers
While it is still some time away before the changes take place, the changes announced look to benefit aspiring migrants and international graduates who want to make Australia their home. By attracting high-calibre and innovative entrepreneurs, Australia’s innovation standards can only improve while local jobs and investment will increase.
As such some applicants may find themselves with different visa options and may not realise the most efficient pathway to Australian permanent residency. Arrange an appointment with Work Visa Lawyers and we will be able to explain your visa options to you, and advise the best way forward specific to your individual situation. Seeking professional and accurate advice before your visa application will save you costs in fees and time, and ensure a proper application is made.
Do you need help with an Australian visa application?
At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.
If you require further information regarding your Australia visa options you can contact us through:
(08) 8351 9956 or +61 8 8351 9956
or This email address is being protected from spambots. You need JavaScript enabled to view it.
The Temporary Work (Skilled) visa (subclass 457), popularly referred to as the “457 visa” is the most common temporary work visa for Australia. You can apply for the 457 visa if you are sponsored by a company to work in Australia. Here is an overview of what the 457 visa allows you (and your family – partner and children) to do in Australia:
Live in Australia for a period of up to 4 years
Work for the sponsoring company for up to 4 years
Travel in and out of Australia repeatedly for a period of up to 4 years
Study in Australia for the period of the visa validity
You (and your family) must have your own private health insurance for your stay in Australia
While it sounds straightforward, the 457 visa comes with its strict requirements and obligations on both the sponsoring business and the sponsored 457 visa applicant. As such Work Visa Lawyers is pleased to provide an updated “10 Things You Need to Know for the 457 Visa”.
The 10 Things You NEED to Know to Apply for a 457 Visa
The Three Stages of the 457 Visa Application
There are three stages to the 457 visa application, namely:
Company applies to be an Approved Business Sponsor
The Approved Business Sponsor Nominates a Position for Sponsorship
The visa applicant applies for the 457 visa to work in the Nominated Position
What are Training Benchmarks? How do you meet the requirements?
Training Benchmarks are requirements that need to be fulfilled by the company who is applying to be a business sponsor. The requirements were introduced to ensure local Australian workers are provided training to perform the work required by the company, thus reducing the dependency of the company on overseas workers.
The Training Benchmarks are as follows:
Training Benchmark A - recent expenditure to the equivalent of at least two per cent of the payroll of the business, in payments allocated to an industry training fund that operates in the same industry as the business
Training Benchmark B - recent expenditure to the equivalent of at least one per cent of the payroll of the business, in the provision of training to employees of the business who are Australian citizens or Australian permanent residents.
If the business is new (operating for less than 12 months), an auditable training plan is required instead.
If you are unsure how to demonstrate that you have met the Training Benchmarks, please contact Work Visa Lawyers for a more detailed discussion.
Is your occupation SUITABLE for Sponsorship under the 457 visa programme?
Not all occupations are suitable for the 457 visa programme. Only occupations on the Skilled Occupation List and the Consolidated Skilled Occupation List can be nominated for a 457 visa. You can view the occupation lists here.
The most popular occupations for 457 visa sponsorship for the year 2014-2015 to 31 March 2015 are as follows:
Developer Programmer
Cook
Café or Restaurant Manager
Marketing Specialist
Software Engineer
ICT Business Analyst
University Lecturer
Management Consultant
General Practitioner
Resident Medical Officer
Chef
Sales and Marketing Manager
Accountant (General)
Mechanical Engineering Technician
ICT Project Manager
If the occupation to be nominated is not on the Skilled Occupation Lists then a Labour Agreement will be required. You can always speak to Work Visa Lawyers if you need to clarify the occupation or to learn more about Labour Agreements.
How does a business qualify to nominate an applicant for the 457 visa?
There are a number of criteria to be fulfilled by the business to become a sponsor for a 457 visa. The requirements include:
Meeting the Temporary Skilled Migration Income Threshold (TSMIT)
This is the minimum annual salary you must pay for the sponsored 457 visa worker. The TSMIT is currently A$53,900.
You need to note that if the average market salary for the position is lower than the TSMIT, you cannot simply overpay an overseas worker to enable sponsorship under the 457 visa programme.
Fulfil the Labour Market Testing (LMT) requirements
This requires the business to test local labour markets to demonstrate effort to recruit local workers before deciding to sponsor an overseas worker for the required position.
Providing Employment Terms that are equivalent to terms offered to an Australian employee
The sponsored worker must work directly for the business
The work and position must be genuinely available and relevant to the operations of the business
The requirements are complex and may vary according to different industries. Please contact Work Visa Lawyers if you need a more detailed explanation that is relevant for your business or industry.
What are the requirements for a 457 visa applicant?
The applicant needs to be nominated for a position that corresponds to an occupation listed of the Skilled Occupation Lists.
Additionally the applicant will also need to meet skills, registration, English, health and health insurance requirements for the visa application.
Skills
Applicants need to demonstrate that they have the necessary qualification (and work experience, if applicable) to perform the duties required for the nominated occupation. Many trade level positions on the CSOL will require the visa applicant to have successfully completed a TRA 457 skills assessment
Registration and Licensing
If the nominated occupation requires licensing or registration in Australia, the applicant needs to obtain the registration or licence, or demonstrate that they meet the requirements for registration or licensing in Australia.
English
Unless otherwise stated, 457 visa applicants can demonstrate meeting the English requirements for the 457 visa application with the following:
an International English Language Testing System (IELTS) overall test score of at least 5.0 with a score of at least 4.5 in each of the four test components
an Occupational English Test (OET) score of at least ‘B’ in each of the four components
a Test of English as a Foreign Language internet-based test (TOEFL iBT) total score of at least 36 with a score of at least 3 for each of the test components of listening and reading, and a score of at least 12 for each of the test components of writing and speaking
a Pearson Test of English (PTE) Academic overall test score of at least 36 with a score of at least 30 in each of the four test components
a Cambridge English: Advanced (CAE) overall test score of at least 154 with a score of at least 147 in each of the four test components
you are a passport holder from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America
you have completed at least five years of full-time study in a secondary or higher education institution where instruction was conducted in English.
You may need a higher English score if it is necessary for your registration or licensing.
An exemption to meet the English requirements is possible if the overseas worker is paid an annual salary that is more than the English language requirement exempt amount. The amount is currently A$96,400.
Health and Health Insurance
The applicant and family members will need to be in good health and also arrange for health insurance for the duration of the stay in Australia.
What are the obligations of the 457 business sponsor and visa applicant after the visa is granted?
It is critical that the 457 visa holder and business sponsor adhere to the obligations and conditions of the 457 visa when it is approved. Failure to meet the conditions will result in visa cancellations and/or removal of sponsorship status for the business.
457 visa holder obligations
You are only allowed to work for the business that sponsored you
Must start work within 90 days or arrival to Australia
Must not stop working for the employer for more than 90 consecutive days
Obtain registration or licences if necessary
Maintain adequate health insurance for you and your family in Australia
457 business sponsor obligations
To prevent exploitation of overseas workers and to ensure skill shortages are genuinely met the sponsor will need to do the following:
Cooperate with the Department for checks on compliance
Ensure employment conditions are fair
Keep and maintain records of employment for the 457 visa holder
Ensure that the sponsored 457 visa worker does not perform duties other than what is required for the nominated occupation
Do not obtain payment from the sponsored worker for the costs of the 457 visa application
Continue to meet the Training Benchmark requirements
Pay the travel costs for the sponsored worker to leave Australia when the visa validity expires
As shown there are more to the 457 visa than the initial visa application requirements. You can check with Work Visa Lawyers if you need more information about your obligations or situations such as when employment ceases, or if the business is being monitored by the Department.
Can you apply for Permanent Residence after obtaining a 457 visa to work in Australia?
After working for the business sponsor for at least 2 years, you can apply for permanent residency under the 186 Employer Nomination Scheme (ENS) or the 187 Regional Sponsored Migration Scheme (RSMS) pathway. The requirements and process of these visa applications will be discussed in a separate blog.
The 457 Visa Programme Integrity Review and the recommended changes
On 10th September 2014 the Department a final report on the review of the integrity of the 457 visa programme by an independent panel. A total of 22 recommendations were made and some of the recommendations are in fact already in place. More changes are to be expected towards the end of 2015 and beginning of 2016.
To ensure that you are informed on the ongoing changes for the 457 visa programme, check our News section and search “457” for the collection of news relevant to updates for the 457 visa programme. Alternatively you can follow us on Facebook or Twitter to receive the updates.
What are the other employer-sponsored Australian work visas?
The consideration for applicants whose occupations are not on the Skilled Occupation Lists would be as follows:
Regional Sponsored Migration Scheme (RSMS)
Sponsorship by a Labour Agreement
There is an occupation list for the RSMS Direct Entry stream and the list is long. You can check with Work Visa Lawyers to determine the suitability of the occupation for the RSMS Direct Entry.
Labour Agreements are usually a complex process and will require external and professional assistance to get one in place.
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.
