On 16^th May 2016 the Department of Immigration and Border Protection (DIBP) announced a new Skilled Occupation List (SOL) and Consolidated Skilled Occupation List (CSOL) for the upcoming fiscal year 2016-17. You can recap the changes and our initial thoughts in our earlier article here.

Since the announcement of the new SOL and CSOL, there has been increasing queries from students and professionals asking if their field of study and profession is still “in demand” or suitable for the Australian migration programme.

Popular occupations remain in the consideration for Australian visa applications

Work Visa Lawyers has continued to receive enquiries such as those below:

“I am an Accountant and I am going to apply for skilled migration later this year. Am I still qualified?”

“I will be graduating in July 2016 with a Bachelor’s degree in Marketing. Are my studies still suitable for a visa application after I complete my studies?”

“My restaurant needs to hire and sponsor an overseas restaurant manager/cook. Can I still sponsor them when the new SOL and CSOL are in effect?”

Many will be pleased to know that the majority of the most common occupations for skilled and employer-sponsored visas are still on the SOL and CSOL. The most popular occupations include:

• Accountants
• Cooks
• Café or Restaurant Managers
• Marketing Specialists
• Sales and Marketing Managers
• Software Engineers
• ICT Business Analyst

The only occupations that were removed from the SOL and moved to the CSOL are in relation to the mining industry, which includes Mining Engineers, Petroleum Engineers, Occupational Health and Safety Advisors, etc.

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

In general there isn’t much of a significant change to the SOL or CSOL. Most visa applications with the most common occupations will still be able to proceed. However it is advised that visa applications should be lodged as early as possible to prevent being affected by new changes announced by the Department of Immigration and Border Protection (DIBP).

You should also remember that the SOL or CSOL is only one of the many requirements of the visa application criteria. You need to make sure you meet all other requirements before submitting your visa application. Seek advice from a Registered Migration Agent if you need more information about your situation.

This information is accurate on 6 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

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The Law Society of South Australia hosted a luncheon on Thursday, 2 June 2016 which celebrated 21 years of sponsorship of the Society by BankSA. The event was attended by Principal of Work Visa Lawyers and Registered Migration Agent, Chris Johnston. The luncheon was also attended by Managing Partners of law firms in SA and Members of the Small Practice Committee. It was a relaxing luncheon for the legal practitioners who were present.

The Chief Executive of BankSA, Nick Reade, provided an insightful presentation, “South Australia open for business: challenges and opportunities” during the luncheon as well. Thanks Nick and BankSA for the continued support for the Law Society of South Australia.

On 16 May 2016 the Department of Immigration and Border Protection (DIBP) announced a new Skilled Occupation List (SOL) and Consolidated Skilled Occupation List (CSOL) for the upcoming fiscal year 2016-17.

The SOL enables visa applicants to nominate occupations under the General Skilled Migration (GSM) visa categories, such as:

• Skilled - Independent (Subclass 189)
• Skilled - Regional Sponsored (Provisional) (Subclass 489) by a family member
• Temporary Graduate (Subclass 485)

On the other hand, the CSOL applies to the following visa applications:

• Skilled - Nominated (Subclass 190)
• Skilled - Regional Sponsored (Provisional) (Subclass 489) by a State/Territory
• Temporary Work (Skilled) (Subclass 457)
• Employer Nomination Scheme (Subclass 186)

What occupations are being updated in the new SOL and CSOL?

The following are noted changes in the new SOL and CSOL:

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

The new SOL and CSOL come in to effect for affected visa applications on 1^st July 2016.

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

The new changes to the SOL and CSOL provide the following insights:

• Accountant remains on the SOL. There has been much talk of whether there are already a lot of accounting graduates in Australia and if Accountants should be removed from the SOL. According to Job Outlook the prospects for Accountants up to November 2019 look very promising with excellent job openings and future growth. It is a great relief to international students who are graduating with an Accounting degree that Accountants remain on the SOL.
• Mining and Petroleum Engineers shifted to the CSOL is corresponding to the downturn of the mining sector in Australia
• Dental workers now require sponsorship to apply for a visa with the new CSOL

In general the SOL and CSOL do not indicate much of the DIBP’s direction towards occupations. The more telling information will be the planned occupation ceiling numbers for each profession, which determines how many applicants are allowed for an occupation in a single fiscal year. For example even if Accountants remain on the SOL it may be a non-factor if the occupation ceiling is set to be very low.

Occupational ceilings do not apply to State or Territory Nominated and Employer Sponsored visa applications.

Additionally you have to always remember that there are other eligibility criteria that need to be met before you can successfully apply for a visa. Please check all other requirements before submitting an application.

This information is accurate on 24 May 2016

Source:

1. https://www.legislation.gov.au/Details/F2016L00800/Download
2. http://www.border.gov.au/Trav/Work/Skil#tab-content-3
3. http://joboutlook.gov.au/occupation.aspx?search=alpha&tab=prospects&cluster=&code=2211

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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2018 UPDATES:

Skills Assessments & Occupation Lists for Australian TSS 482 And Employer-Sponsored Permanent Resident VisasSkills Assessments & Occupation Lists for Australian TSS 482 And Employer-Sponsored Permanent Resident Visas

Tougher vetting imposed by Home Affairs Minister Peter Dutton has led migration to plummet to its lowest since 2007. As reported by the Department of Home Affairs, actual intake fell from 183,608 in 2016-2017 to a staggering 162,417 for the 2017-2018 financial year. Read More. 

How long does a 457, ENS or RSMS visa take to process?

It has been noted that the processing times for the Temporary Work (Skilled) (subclass 457) visa, Employer Nomination Scheme (ENS) (subclass 186) visa, and the Regional Sponsored Migration Scheme (RSMS) (subclass 187) visa have been getting longer in recent times. While the current Department of Immigration and Border Protection (DIBP) service standards list 2 to 3 months processing time for 75% of applications received, the actual processing times for most cases are around 5 months (based on recently submitted applications and comments by business sponsors and visa applicants in forums).

Why is the processing getting slower?

While there is no official explanation for the delay, the slower processing times might be due to increased screening of applications submitted by sponsors and visa applicants. Since the Independent Review report of the integrity in the Subclass 457 Programme released in September 2014, the Department has been stepping up integrity checks and controls for the majority of applications, especially those with the following characteristics:

• high risk occupations such as Café and Restaurant Managers, Customer Service Managers, Project or Programme Administrators, Retail Manager, etc.
• the applicant is related to the business owner as a family member or relative
• an unusually high salary for a low position to claim English Language Exemption
• the business has a low profit or is making a loss, and yet seeks to employ more people

The Department is definitely concerned with the findings of the Independent Review about the integrity of employer sponsors and employee visa applicants for the employer-sponsored visas. In addition to the slower and more meticulous screening of applications submitted, the Department has also introduced related policy such as the “Payment for Visas Conduct”, which prohibits overseas worker to pay businesses in return for sponsorship, or businesses deducting salaries from the sponsored worker to recover sponsorship costs. You can read more about this in our previous article.

Concerns with Genuine Position for Nominated Occupation in 457, ENS and RSMS visa applications

Applications with the above scenarios are likely to be asked for further information by the Department to ensure that the vacant position is genuine and the applicant meets the requirements for the position with the business. Applications that are asked to provide more documents or information will be assessed more thoroughly by the Department and hence there will be a delay to the processing times with the back and forth of submitting information and douments.

The rise in requests to provide further information are also causing assessment officers to spend more time per application, hence affecting applications that are straightforward genuine and complete when submitted.

What does this mean for the business sponsor and visa applicant?

With the expected delays the business sponsor and visa applicant need to consider the extended processing times to avoid any ill effects to the business operations (urgent need for the sponsored worker) or the visa applicant (leaving current employment too early). Additionally the business sponsor and visa applicant need to cross check before submitting the application to ensure all requirements are met for sponsorship, nomination and visa application. A strong application should be prepared with good supporting documents before submitting to the Department for processing.

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

While the 457 visa programme has been in the limelight for the wrong reasons and being tightened in recent times, the employer sponsored programme is still an integral part to many businesses in Australia. Australian employers have a genuine need to employ skilled overseas workers to meet business needs to maintain or grow the Australian economy.

With the increased international mobility among skilled workers globally, it is important that the 457 visa programme remains responsive to Australian businesses’ needs and enable efficient operations.

The Department’s commitment to checking and ensuring that the 457 visa applications received are genuine makes sense to avoid abuse of the programme. However the downside of slower processing times may hurt Australian businesses that already show that they genuinely need an employee who has been identified with the right skills and experience to help meet business operational needs. The Department will need to strike a delicate balance between enforcement and delivering a visa application outcome in time for the Australian businesses.

If you have any questions about the 457 visa sponsorship, nomination and visa application, please contact Work Visa Lawyers to ensure your applications are prepared well before applying.

This information is accurate on 18 May 2016

Source:

1. http://www.theaustralian.com.au/business/opinion/john-durie/small-business-angry-over-section-457-visa-delays/news-story/f53d0b941627c2403cc3abb8d014ce35
2. https://www.border.gov.au/Trav/Work/Work/Subclass-457-Integrity-Review
3. https://www.border.gov.au/about/access-accountability/service-standards/temporary-work-visa-processing-times
4. https://www.border.gov.au/Trav/Work/Work-1

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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Temporary workers on the Working Holiday visa (subclass 417) and Work and Holiday visa (subclass 462) were originally expected to start paying a 32.5% tax on all wages starting on 1 July 2016 (referred as the Backpacker Tax). Assistant Treasurer Kelly O'Dwyer has announced today that the Backpacker Tax will be delayed until 1 January 2017, pending a review to the Working Holiday (subclass 417) and Work and Holiday visas (subclass 462).

With the delay of the implementation of the Backpacker Tax, temporary workers under the subclass 417 and subclass 462 visas will continue to pay tax on money earned above A$18,200.

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

This is good news for workers and current holders of the Working Holiday and Work and Holiday visas as the tax-free threshold is maintained. The programme will continue to be attractive for overseas youth to travel to Australia while being able to work to cover travel expenses. Regional agricultural business and farmers will be delighted with the news as it might mean that there is no need to increase payments to attract workers who are required during harvest.

Links to related articles:

• http://www.bbc.com/news/world-australia-36309023
• http://www.farmweekly.com.au/news/agriculture/general/politics/backpacker-tax-reforms-set-to-be-shunned/2752421.aspx
• http://www.afr.com/news/policy/tax/time-to-go-sydney-too-expensive-with-a-backpacker-tax-20160517-gowxat
• http://www.abc.net.au/news/2016-05-17/nt-farmers-call-backpacker-tax-delay-a-stunt/7421412

If you are interested to know more about the Work and Holiday visa programme, you can contact Work Visa Lawyers to find out more.

This information is accurate on 17 May 2016

Source:

1. http://www.abc.net.au/news/2016-05-17/malcolm-turnbull-to-back-down-on-backpacker-tax/7420102

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 Minister for Immigration and Border Protection Peter Dutton announced on Friday, 6 May 2016 that the Australian Department of Immigration and Border Protection (DIBP) will be introducing two significant changes for visitor visa applications from Singapore nationals.

The two changes to be introduced are:

1. Making Singapore an eligible country for the Work and Holiday Visa Programme
2. Allow Singaporeans to apply for a longer validity visitor visa with multiple entry features 

The inclusion of Singapore as an eligible country for the Work and Holiday visa means that Singaporean youths aged 18 to 30 years of age will be able to travel and work in Australia for a period of up to 12 months. It is expected that 500 places will be made available to Singapore for the Work and Holiday visa on an annual basis.

The availability of a visitor visa with a longer validity and the ability to make multiple entries will enable visitors from Singapore to travel easier and more frequently to Australia. It is expected that this will boost tourism numbers and improve bilateral understanding of the culture and environment between both countries.

The announced changes will be implemented at a later date and we will bring you further updates once more information becomes available from the DIBP.

This information is accurate on 12 May 2016

Source:

1. http://www.minister.border.gov.au/peterdutton/2016/Pages/Australia-enhances-visa-programme-with-Singapore.aspx

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.

*** Read our earlier article about the new Student Visa structure here. ***

The new student 500 and student guardian 590 will commence from 1 July 2016

Features to include:

Three features we can comment on:

1.       The applications will be all electronic.

2.       The financial capacity requirements will be slightly higher:

The financial capacity requirements will be slightly higher:

Student: $19,830

Student Guardian: $19,830

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

Any dependent children: $2,970

Simplified Student Visa Framework (SSVF)

The new simplified student visa framework (SSVF) will be influential in terms of the criteria for the student visa:

The DIBP website provides the following information:

“Under the SSVF, the combined immigration risk outcomes of the student’s education provider and country of citizenship will be used to guide the level of documentation relating to financial capacity and English language proficiency that the student would need to provide with their student visa application.”

The following chart if available from a factsheet for education providers:

“In the table S refers to streamlined evidentiary requirements while R refers to regular evidentiary requirements. Where regular evidentiary requirements apply the student will generally be required to provide evidence of their financial and English language capacity with their visa application.”

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

The shift to all electronic lodgements will be a major benefit to many applicants.  It will also allow the DIBP/DFAT to save money on staff costs.

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.

The simplification in visa classes and risk assessment criteria will be great for all involved.  The current system is very confusing and not user friendly at all.

This information is accurate on 07 May 2016

Sources:

1.     DIBP, SSVF factsheet- General information for education providers, May 2016

2.     Migration Institute of Australia, Reports to Members

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.

This information is accurate on 18 April 2016

Source:

1. https://www.legislation.gov.au/Details/F2016L00523/Download
2. https://www.border.gov.au/ReportsandPublications/Documents/reviews-and-inquiries/future-directions.pdf

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.

2018 Update & Related Articles: 

Partner Visa Sponsorship & Policy Update 2018: Changes Affecting Processing Times & Force Offshore Partner Visa Applications

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.

This information is accurate on 8 April 2016

Source:

https://www.border.gov.au/Trav/Visa-1/801-

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.