457 visa occupation list to be cut – surge in 457 visa applications likely in short term  

The Minister has said the 457 visa occupations list will be ‘condensed’ - which means cut or reduced.

The Minister for Immigration Peter Dutton has been reported to have said on Sunday 20 November when speaking to Sky News:

"We are having a look at it right now and I think it will be condensed," (Herald Sun, 19 November 2016)

In the interview, Minister Dutton  acknowledges that there are shortages in regional areas for occupations which do not have such shortgages in larger cities.  He states:

"So it is a different picture across the country and we need to respond accordingly. That is the nuance that we try and provide for, but I think the list at the moment is expansive and I think we will condense it and that work has already been under way for sometime and we will have a look at that very soon." (Herald Sun, 19 November 2016)

This comment follows on from comments last week which included a press release about the changing of condition 8107 to allow less time for 457 holders who lose their job.  In the press release on the 16 November 2016, Minister Peter Dutton’s office states the following:

“The Subclass 457 programme was not effectively managed by Labor, as with so many other areas of government

“Labor’s mismanagement saw the Subclass 457 program grow from around 68,000 primary visa holders at the end of June 2010 to more than 110,000 when they were removed from office. 

In comparison, under the Coalition the number of 457 visa holders in Australia has fallen by around 13,000, while over the same period almost half a million new jobs have been created for Australian workers”

With the Minister making such strong statements on the 457, you can be confident that change is on the way.

How will the condensing of the list take place?

The current system is that all occupations on the Consolidated Skilled Occupation List ( the CSOL) are available for 457 visa applications.

The CSOL is also the reference point for General Skilled Migration visas including the 190  and 489 visa.

It may be that the Minister will specify a new list under Regulation 2.72(10)(aa), which will be narrower than the current CSOL list.  This could effectively create a list that is narrower than the CSOL and is just for the 457 visa.

Lodging 457 visas before the list is cut may be something to consider for some businesses

When the list is cut, then it will be impossible to lodge visas for occupations that have been removed.  At the moment we do not know what occupation will be removed.   But it may be that businesses choose to lodge their 457 visas soon, to avoid missing out on being able to.  

In situations where there have been similar changes to criteria, such as raising the English standards for the RSMS 187, there was a very large surge in applications.  

457 visas in the news this week includes:

There seems to have been more press about 457 in the last week than there was in the last six months.

Several politicians have made statements about the need to cut 457s:

http://www.minister.border.gov.au/peterdutton/2016/Pages/457-visa-changes.aspx

http://www.heraldsun.com.au/business/work/crackdown-on-457-visas-to-benefit-australian-jobseekers/news-story/271e8f7a7263ee54d966e6bea47f6d49

http://www.abc.net.au/news/2016-11-15/george-christensen-demands-457-visas-rethink-for-his-electorate/8026934

https://www.theguardian.com/australia-news/2016/nov/15/bill-shorten-vows-labor-will-crack-down-on-457-visa-program?CMP=share_btn_tw

Commentary on the 457 visa has included:

http://www.couriermail.com.au/news/opinion/opinion-playing-to-fears-over-457-visas-bad-in-any-language/news-story/17d0258adc3cf1a725737ab891ff170b

http://www.smh.com.au/federal-politics/federal-election-2016-opinion/pressuring-foreign-workers-the-wrong-way-to-reform-457-visas-peter-mares-20161117-gsrpy6.html

Time of Writing:

This information is accurate on the 19 November 2016.

Sources:

457 occupation list to be 'condensed', says Immigration Minister Peter Dutton, Amy Remeikis, 20 November 2016

http://www.smh.com.au/federal-politics/political-news/457-occupation-list-to-be-condensed-says-immigration-minister-peter-dutton-20161120-gst9wg.html

Upcoming change to the subclass 457 visa, Wednesday, 16 November 2016

http://www.minister.border.gov.au/peterdutton/2016/Pages/457-visa-changes.aspx

Fact check: Are there 'over a million 457s' in Australia?http://www.abc.net.au/news/2016-06-02/fact-check-are-there-over-a-million-457s-out-there/7463706

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.

Changes to Australian 457 Visa condition 8107  – four problems 8107 causes and how a solution could be found

What is the change to condition 8107 applying to 457 visa holders?

The Government has made change to the Migration Regulations by amending condition 8107 to provide that a 457 visa holder can only cease employment with an approved sponsor for 60 days.  The relevant section used to provide that the holder could cease employment for 90 days. The change to condition 8107 applies from 19 November 2016.

The regulation now provides:

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

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

How does the change effect 457 Visa holders?

When a family unit makes the brave decision to move to Australia in pursuit of work opportunities it is often a category 457 visa that is granted to them by the DIBP. For example, a 457 visa may be issued to provide entry for two parents and two school aged children under strict conditions. Typically these families have gone to considerable expense to fulfil the required medicals , move to Australia and begin the resettlement process with new home and schools etc.
The ever-present risk for those who arrive under a 457 visa is that the work that they have come to do may not stay available.  For example the primary visa holder may lose his or her job at short notice. The government will be applying a change to condition 8107 from 19th 2016 by reducing the amount of time that a Visa holder has to secure a business sponsor from 90 days to 60 days.

Problems caused by Condition 8107 for 457 visa holders

When a job has been lost, there are four main problems with condition 8107 in terms on how it impacts on the 457 holders. 

The first problem is that condition 8107 does not allow the primary visa holder to work for anyone other than the company that made him or her redundant. Therefore, even if the visa holder is fortunate enough to find another employer willing to be a sponsor, they cannot start working for this new sponsor until DIBP has processed the application which can take several months. This places great financial pressures on 457 Visa holders and increases the risk of holders taking up unlawful employment to make ends meet.

DIBP currently takes several months to process any stage of the 457 process.  It is commonly taking more than 90 days to get a decision from the time of lodgement, compounding the financial implications for the Visa holder. The DIBP is taking 40 working days, which is 54 calendar days, just to allocate a case officer.  The primary 457 holder cannot start employment for the new employer until the sponsorship application is approved.  This application process is likely to go a long way beyond the 60 days, and even if DIBP does not cancel their visas for ceasing to work beyond 60 days, they face an extended period without income.

Thirdly, a 90 day window to find a new employer (offering an identical position) and lodge requisite paperwork was already a difficult challenge. The 457 visa holders are often professionals with specialised skills.  For example, for a Biochemist 457 holder, finding another Biochemist role in 60 days is a difficult task. A 60 day window is unreasonable for both prospective employer and visa holder.

The fourth problem with reducing the time to cease work from 90 to 60 days, relates to exposing visa holders to exploitation by employers.  This current initiative will actually increase the power of employers and make 457 visa holders more vulnerable to threats.  457 holders will know that the possibility of finding a new sponsor in 60 days and getting then nomination approved is low. So 457 holders may be forced to stay with the current employer even if they are not being paid correctly or are subject to other forms of exploitation.

An alternative approach to condition 8107 – let them work if they lose their job until the visa cancellation

A more compassionate approach from the Department of immigration would have been to give 457 Visa holders who have lost their jobs, the right to work for other employees during that period so that they can financially support themselves. This would also enable them to do work trials and find another employer more effectively.

An exception could be inserted into condition 8107, lets call it 8107 part (5), which currently does not exist.  The exception could allow for the circumstances where employment is terminated, to give them the ability to work and support their families and also to facilitate finding a new sponsor.  The new exception to 8107, which we could call it 8107 part (5) could provide along the following lines:

“If employment is terminated by the employer in relation to which the visa was granted, then the work restrictions of condition 8107 no longer apply.  The employee can work in any position without restrictions.  If an application is lodged for another sponsor, and processing extends beyond 60 days, the ability to work will continue up until such time that a decision is made regarding the new business sponsor. The work restrictions of 8107 will no longer apply, up until the time that the visa is cancelled.”

This is not such a radical suggestion. There are approximately two hundred thousand of working holiday makers visas granted each year, who can do any type of work.  The number of 417 visas granted in the year 2014 to 2015, was 214,830. There are also students visa holders that can do any type of work, capped at 40 hours per fortnight.  The number of 457 holders including family member in the quarter ending March 2016 was 177,390. The number of 457 visa holders, that had lost their job would be very small, probably less than 5,000 at any time.

The current changes to condition 8107 could be described as kicking people when they are down.  Rather than supporting vulnerable workers and their families, the changes deny them any income and then force them to leave ASAP.  Whilst there appears to be empathy for student visa holders when exploited by employers there is little empathy or compassion for 457 skilled workers and their families when they lose their jobs.

If the 457 holder cannot find another employer then they will ultimately have to leave Australia when their visa is cancelled. The process, as proposed by this change, does not have to be so mean and humiliating.

Time of Writing:

This information is accurate on the 19 November 2016.

Sources:

Working Holiday Makers in Australia: a quick guide 22 June 2016 http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp1516/Quick_Guides/WorkingHoliday

Fact check: Are there 'over a million 457s' in Australia?http://www.abc.net.au/news/2016-06-02/fact-check-are-there-over-a-million-457s-out-there/7463706

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 12th Korean Culture and Food Festival brings to you a day of great food, fascinating culture and a pleasant time among the Korean community in Adelaide.

Details of the festival are as follows:

Date: Saturday 12 November 2016
Venue: Light Square (corner of Currie Street and Morphett Street)
Time: 10 a.m. to 4 p.m.

In continuing its support for the various communities in South Australia Work Visa Lawyers will be in attendance and you will be able to meet Principal Migration Agent and Lawyer, Chris Johnston and Senior Migration Agent Christine Lee at one of the booths set up at the festival. Come have a chat with us or speak to us for free* about an Australian visa query or question you may have.

Further details about the festival below:

We look forward to seeing you there!

*Complimentary 10 minutes consultation.

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.

Sources:

https://www.legislation.gov.au/Details/F2016L01696/Explanatory%20Statement/Text

https://www.border.gov.au/Trav/Visa-1/462-

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:

(08) 8351 9956 or +61 8 8351 9956

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

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

Change to Condition 8107 on 457 Visa:

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

The regulation now provides:

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

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

Processing time for a decision upon a 457 Nomination

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

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

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

Sources:

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

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

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

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

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

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

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

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

This information is accurate on 02 November 2016

Do you need help with an Australian visa application?

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

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

(08) 8351 9956 or +61 8 8351 9956

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

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.

Sources:

http://www.industry.nsw.gov.au/live-and-work-in-nsw/visas-and-immigration/business-migration/state-nominated-visa-categories#1

http://www.industry.nsw.gov.au/__data/assets/pdf_file/0004/92479/entrepreneur-visa-criteria.pdf

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.

2018 UPDATE

Important changes affecting Queensland, Victoria and South Australia State Sponsorship for 190, 489 and 187 visas as migration year nears end!

How to increase your points for Employer Sponsored Visas (Subclass 187)

How the new Skilling Australia Fund Levy Will Affect RSMS 187

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:

http://www.workvisalawyers.com.au/new...

http://www.workvisalawyers.com.au/new...

http://www.workvisalawyers.com.au/new...

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

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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.

Sources:

https://www.border.gov.au/Trav/Work/temporary-activity-visa-changes

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

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.

Sources:

1. http://sjm.ministers.treasury.gov.au/media-release/104-2016/
2. https://www.alexhawke.com.au/media/media-releases/new-temporary-visa-sponsored-parents

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.