The Administrative Appeals Tribunal (AAT) is the organisation responsible for reviewing decisions made by the Australian government. The Migration and Refugee Division (MRD) is a division under the AAT which reviews Australia visa decisions. Typically applicants and visa holders will submit an application for review when their visa application is refused, or when their Australian visa is cancelled. Additionally the MRD also reviews decisions regarding sponsorship and nomination under employer sponsored visas. Citizenship application decisions are also reviewed by the MRD.

When a decision is being reviewed by the Tribunal one of the following results occur:

• the decision is affirmed (i.e. there are no changes)
• the decision is set aside (i.e. the decision is substituted with a new and different decision)
• the original application (visa/citizenship/sponsorship/nomination) is remitted (i.e. returned) to the Department of Immigration and Border Protection (DIBP) for reconsideration with recommendations by the Tribunal on additional factors to be considered
• the decision is varied

The AAT conducts a merits review which is explained as follows on the AAT website:

“Merits review is an administrative reconsideration of a case. A merits review body makes decisions within the same legislative framework as the primary decision maker, and may exercise all the powers and discretions conferred on the primary decision maker.”

The Tribunal reviews the application afresh and may also consider new evidence or information submitted with the review application.

The AAT is independent of the DIBP and has the powers to review and reverse (set aside) the decisions made by DIBP.

AAT-MRD Statistics for 2015-2016

In the 12 months from 1 July 2015 to 30 June 2016 the AAT-MRD received 14,307 applications for review. The reviewed decisions include those for all Australian visas (including bridging visas) and exclude refugee and humanitarian visas.

The majority of the decisions submitted for review are:

• Partner visas (29%)
• Student visas (17%)
• Visitor visas (13%)
• Temporary work visas (11%)

During the same period a total of 12,511 decisions were handed out to active review applications. Out of the 12,511 decisions handed out:

• 37% were set aside
• 44% were affirmed
• 12% were withdrawn
• 7% were not reviewed (no jurisdiction or the review application was not submitted in time)

Other interesting statistics include:

• 46% of Partner visa reviews resulted in DIBP decisions being set aside
• 31% of Student visa reviews resulted in DIBP decisions being set aside
• 51% of Visitor visa reviews resulted in DIBP decisions being set aside
• 26% of Temporary work visa reviews resulted in DIBP decisions being set aside
• 23% of Nomination or Sponsorship approval reviews resulted in DIBP decisions being set aside

Should I submit a review to the AAT for my visa/sponsorship application that was refused?

You can submit a review application only if you are entitled for review rights. The decision to lodge a review application to the AAT depends on the circumstances of the visa/sponsorship refusal. Some of the common grounds for refusals include:

Partner visas – Schedule 3 issues, failure to demonstrate genuine relationship

Student visas – Meeting the Genuine Temporary Entrant (GTE) requirement, lack of financial capacity

457, RSMS and ENS visas – Demonstrating genuine position

Visitor visas – Meeting the Genuine Temporary Entrant (GTE) requirement

At Work Visa Lawyers we will assess the original application and supporting documents submitted and advise if the prospects for review are favourable. The Decision Record received by the applicant will also be studied in detail to identify weak areas of the original application and how we can address them in the review application.

What are my chances of success with the AAT-MRD review?

The chances of obtaining a positive outcome from the Tribunal to set aside a DIBP decision require the following:

- a thorough analysis of the refusal Decision Record

- in-depth knowledge about the visa applied and the requirements

- assessing the applicant’s circumstances and ability to address the issues highlighted by the DIBP delegate when deciding on the refusal

In summary it should be considered whether the applicant can provide better evidence or information that will meet the visa application requirements. If the original application can be improved then the chances for success with the review will be increased.

Applicants with complicated circumstances should also note that submitting an AAT review application is a pathway towards ministerial intervention. You can only request for a ministerial intervention if you have received a decision from the AAT. You should be aware that the Minister only intervenes in a small amount of cases and you should have unique or exceptional circumstances before applying for a ministerial intervention.

You can find out more about ministerial interventions here.

Sources:

1. http://www.aat.gov.au/resources/statistics
2. http://www.aat.gov.au/AAT/media/AAT/Files/Statistics/2015-16/MRD-Detailed-Caseload-Statistics-2015-16.pdf
3. http://www.aat.gov.au/AAT/media/AAT/Files/Statistics/2015-16/MRD-Migration-Caseload-Statistics-2015-16.pdf

This information is accurate on 25 August 2016

Do you need help with an Australian visa application or Review 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.

An article in The Australian today has reported that the Health Department submitted an unpublished submission to the Department of Immigration and Border Protection (DIBP) that recommended for 41 health occupations to be removed from the Skilled Occupations List (SOL).

“Overseas-trained medical practitioners would no longer be granted visas to work in Australia, under a contentious proposal from the Health Department that heralds the end of the nation’s shortage of locally trained doctors.”

“Visa plan to stop foreign doctor influx”, Sean Parnell, Health Editor, The Australian, 9 August 2016

Among these 41 health occupations are:

- General Practitioners
- Anaesthetists
- Cardiologists
- Paediatricians
- Psychiatrists
- Surgeons, General or Specialists
and others.

While the recommendations were not accepted by the Australian government before the Australian general elections, it is reported that the recommendations might be reconsidered in the next few months. Suggestions by the Health Department earlier in the year resulted in the removal of the following from the SOL:

- Dental Hygienist (ANZSCO 411211)
- Dental Prosthetist (ANZSCO 411212)
- Dental Technician (ANZSCO 411213)
- Dental Therapist (ANZSCO 411214)

The article also reported that at the end of March 2016 there were 2155 General Practitioners and 1562 Resident Medical Officers who were holding visas in Australia (implying they are non-citizen arrivals who are working in the health industry). They were followed by Occupational Health and Safety Advisers at 130 visa holders and Psychiatrists at 100 visa holders.

Sources:

1. http://www.theaustralian.com.au/national-affairs/health/visa-plan-to-stop-foreign-doctor-influx/news-story/67a9915f4c258f360875785499d3975c
2. https://www.border.gov.au/Trav/Work/Work/Skills-assessment-and-assessing-authorities/skilled-occupations-lists/SOL
3. http://www.abc.net.au/news/2016-08-09/calls-to-stop-giving-overseas-trained-doctors-visas/7706612

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

The SOL is a list of occupations that are suitable for applying the Skilled Independent subclass 189 visa under the General Skilled Migration programme. The removal of the 41 health occupations mentioned above will mean that overseas health professionals will need to seek state, territory or employer sponsorship to move and work in Australia. The removal of the occupations from the SOL list will not completely stop health professional from moving to Australia, unless the occupations are also removed from the Consolidated Skilled Occupations List (CSOL).

While the Australian Medical Association (AMA) and Rural Doctors Association (RDA) argue that there are many Australian medical graduates who cannot find a position in the Australian health system, there are strong arguments that overseas trained medical professionals are required to provide basic health services to a growing and ageing population, especially in the regional areas of Australia.

The removal of health professionals from the SOL will also create setbacks in the plans of many small to medium private medical practices. Many of these medical practices are unable to find an Australian medical professional to fill positions because of the location of the medical practice. Skilled Independent visa applicants from overseas are one group of health professionals that can help fill in the shortage in such areas, providing necessary health care to local Australian residents.

This news has been discussed among Registered Migration Agents and it was reported that a general practitioner from New Zealand has received a letter stating Medicare will stop issuing Medicare provider numbers to overseas trained medical practitioners in 2 years time because there are too many local medical graduates. This would be a major disincentive for medical practitioners who migrated to Australia from overseas.

This information is accurate on 9 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.

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.

Sources:

1. https://www.decd.sa.gov.au/sites/g/files/net691/f/schoolfees_457visa.pdf
2. http://www.adelaidenow.com.au/news/south-australia/state-government-poised-to-charge-parents-on-457-visas-up-to-6100-per-child-for-public-education/news-story/e0bed470801a9d11614611257fc67f63

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.

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

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

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

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

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

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

- Registered Nurse shows high availability

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

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

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

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

Sources:

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

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

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

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

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

This information is accurate on 4 July 2016

Do you need help with an Australian visa application?

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

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

(08) 8351 9956 or +61 8 8351 9956

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

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

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

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

Student Visas to be reduced to TWO categories

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

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

Student: $19,830

Student Guardian: $19,830

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

Any dependent children: $2,970

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

Processing times for Partner Visas and RSMS Visas getting slower

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

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

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

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

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

Occupations moved from SOL to CSOL

233611  Mining Engineers (excluding Petroleum)

233612  Petroleum Engineers

234912  Metallurgists

251311  Environmental Health Officers

251312  Occupational Health & Safety Advisers

411211  Dental Hygienists

411212  Dental Prosthetists

411213  Dental Technicians

411213  Dental Therapists

Occupations added to the SOL

251912  Orthotist or Prosthetist

252711  Audiologists

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

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

An occupation ceiling is applied to:

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

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

From the planned occupation ceilings the following are noted:

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

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

Confusion to Occupation Ceilings numbers for Accountants

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

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

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

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

Visa scams in the media

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

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

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

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

Sources:

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

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

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

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

This information is accurate on 1 July 2016

Do you need help with an Australian visa application?

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

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

(08) 8351 9956 or +61 8 8351 9956

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

The Australian Nursing and Midwifery Accreditation Council (ANMAC) has announced changes to the English language requirements for skills assessments of overseas qualified nurses and midwives.

The following requirements will apply from 1 July 2016:

PTE ACADEMIC Accepted – effective 1 July 2016

Applicants must achieve a minimum overall score of 65 AND a minimum score of 65 in each of the four communicative skills - listening, reading, writing and speaking.

ANMAC only accepts test results from one test sitting OR a maximum of two test sittings, in a six-month period only if the applicant achieves:

a) a minimum overall score of 65 in each sitting, AND

b) no score in any of the four communicative skills is below 58

TOEFL iBT Accepted – effective 1 July 2016

Applicants must achieve a minimum total score of 94 AND the following minimum score in each section of the test:

- 24 listening

- 24 reading

- 27 writing

- 23 speaking

ANMAC only accepts test results from one test sitting, OR a maximum of two test sittings in a six-month period only if the applicant achieves:

a) a minimum total score of 94 in each sitting, AND

b) no score in any of the sections is below:

- 20 listening

- 19 reading

- 24 writing

- 20 speaking

IELTS (Academic module)

Applicants must achieve a minimum overall score of 7 AND a minimum score of 7 in each of the four components - listening, reading, writing and speaking.

ANMAC only accepts test results from one test sitting OR a maximum of two test sittings, in a six-month period only if the applicant achieves:

a) a minimum overall score of 7 in each sitting, AND

b) no score in any component of the test is below 6.5

OET

Applicants must achieve a minimum score of B in each of the four components - listening, reading, writing and speaking.

ANMAC only accepts test results from one test sitting OR a maximum of two test sittings, in a six-month period only if the applicant:

a) is tested in all four components in each sitting, AND

b) no score in any component of the test is below C

Overseas nurses and midwives should note that Modified skills assessments do not require the submission of English language test results. To find out more about the Modified skills assessment and our recommended registration pathway for overseas qualified nurses and midwives, please refer to our earlier blog here.

Sources:

1. http://www.anmac.org.au/international-services
2. http://www.anmac.org.au/sites/default/files/documents/Communique_ELP_requirements_1_July_2016.pdf

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

ANMAC has now joined a list of skills assessment authorities which are accepting the PTE Academic and TOEFL iBT test results as part of the English requirements for a successful skills assessment outcome. This is a favourable movement for applicants who might have struggled with the format of the IELTS or OET exams.

You are reminded that English is only part of the skills assessment criteria and you need to make sure all criteria are met before you submit your skills assessment. If you are unsure whether you are able to meet the requirements, speak to a Registered Migration Agent to find out more.

This information is accurate on 30 June 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.

Occupation Ceilings for 2016-17 Migration Program - Accountants OK, Registered Nurses Up and Builders and Engineers Drop

The Department has released the SkillSelect occupation ceilings for the programme year 2016-17.

An occupation ceiling is a limit on the number of invitations that can be issued through SkillSelect each year.

An occupation ceiling is applied to:

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

You won’t be invited to apply for one of these visas if your occupation has reached its ceiling. This information is generally placed in SkillSelect throughout the programme year.

Compared to 2015-2016, occupation ceilings in 2016-2017 have not changed much. However it is noted that a few occupations have registered an increase of more than 30% to its occupation ceiling.   

The table below shows the occupation ceilings for 2016-17. An occupation highlighted in yellow indicates a decrease compared to the previous year, green means an increase and white means the occupation ceiling is remaining the same as the previous year.

Some changes include:

• ANZSCO Group 2713 Solicitors’ occupation ceiling has changed from 3252 to 5154 places; ANZSCO Group 3421 Air-conditioning and Refrigeration Mechanics' ceiling has changed from 1038 to 1701 places
• Also ANZSCO Groups 1332 Engineering Managers and 2539 Medical Practitioners register an increase in places from 1014 to 1407 and 1000 to 1315 respectively.

The occupation ceiling for Accountants appears to be increased by more than 100%. However according to further clarification from the DIBP, the occupation ceiling of 4777 places for Accountants includes the number of Accountants that will be approved for BOTH the points tested visa (SkillSelect) AND employer sponsored visa subclasses. The occupation ceiling numbers for all other occupational categories are strictly for points tested visa subclasses only.

While we have not been provided with the detailed allocation of the numbers for Accountants between the points tested SkillSelect and employer sponsored visas as yet, it might be that the occupation ceiling for Accountants in the SkillSelect programme has decreased from the previous year.

Another interesting observation is that the occupation ceiling for Registered Nurses for 2015-2016 was 13872 but only 3133 places were filled in the programme year. For the 2016-2017 programme year DIBP has increased the occupation ceiling for Registered Nurses to 16346 places, even when the previous year's lower ceiling was not met. While Australia continues to need Registered Nurses to migrate to Australia, the high English requirements for registration may stop people from receiving an Invitation to Apply for this occupation. The high occupation ceiling though, means that nursing might be a good choice of study that leads to a skill that is in demand for the SkillSelect programme.

The majority of occupations did not meet their 2015-2016 occupation ceilings. The few occupations that met their planned ceilings include: Accountants, Auditors, Company Secretaries and Corporate Treasurers, Industrial, Mechanical and Production Engineers, Other Engineering Professionals, ICT Business and Systems Analysts, Software and Applications Programmers and Computer Network Professionals. This means that if your nominated occupation is either Accounting, Engineering or IT related, it is very competitive to get an invitation. You will need to obtain higher points in the SkillSelect points test, to have a better chance of being selected to receive an Invitation to Apply. The higher your points, the more likely you will be selected. Alternatively if your nominated occupation is something other than the above, it should not be too difficult to receive an Invitation to Apply.

UPDATE - 29 June 2016

DIBP has clarified the ceiling value for Accountants in the 2016-17 programme year. It is now reflected as 2500 places in the table.

This information is accurate on 28 June 2016

Do you need help with an Australian visa application?

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Immigration SA has announced that there will be changes for its State Nominated Occupation List (SNOL) effective from 4 July 2016. As part of the changes the online application system will be closed and unavailable during the following times:

30 June 2016 – 9 a.m. onwards until 4 July 2016 after 12 p.m.

All online applications that are saved but not submitted with payment will be deleted after 9 a.m. on 30 June 2016. You will need to prepare a new application thereafter.

From 4 July 2016 onwards the new SNOL may indicate some occupations to be suitable only for a subclass 489 nomination. Some occupations may also have new requirements in relation to English and work experience.

Increase in requirements for offshore ICT visa applicants seeking SA state nomination

Starting from 4 July 2016 all offshore applicants with an ICT occupation will be required to meet 70 points under the Skill Select points test (including State Nomination points – 5 points for subclass 190; 10 points for subclass 489). You will be required to meet all other state nomination criteria as well. Immigration SA may adjust this requirement according to the number of applications received after the change is implemented.

The higher points requirement will not apply if you are:

• applying as an international graduate of South Australia
• currently working in South Australia in a skilled occupation

There are more requirements in relation to applications with an ICT occupation here. Please ensure you meet all requirements before submitting an application.

Sources:

1. http://www.migration.sa.gov.au/news-events/news-releases/revised-south-australian-state-nominated-occupation-list-from-4-july-2016
2. http://www.migration.sa.gov.au/upload/publications/Skilled-Migrants/Instructions-for-state-nomination-applications-for-ICT-occupations.pdf

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

It is helpful that Immigration SA has announced the incoming changes early. Applicants should take note that while the online system will be closed on 30 June 2016, the system may experience a heavy load of users from now until then. This may cause the online system to be slow or prone to loading errors. You are advised to complete the online applications and make payment as early as possible to avoid any potential interruptions and delays.

It may also be worth considering that changes by one Australian state or territory are often followed by others. As such ICT professionals may now find state/territory sponsorship opportunities limited. Please seek advice and plan ahead for your visa applications as we near the end of the financial year for 2015-16.

This information is accurate on 10 June 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 name for Australia’s immigration department changes every few years and the most recent change was from the “Department of Immigration and Citizenship” (DIAC) to the current “Department of Immigration and Border Protection” (DIBP).

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

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

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

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

How does this affect ongoing visa applications?

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

High risk applications could include the following:

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

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

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

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

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

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

This information is accurate on 6 June 2016

Source:

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

Do you need help with an Australian visa application?

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

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

(08) 8351 9956 or +61 8 8351 9956

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