Work Visa Lawyers is pleased to bring you the latest update to the Australian migration programme. The videos below will cover topics such as:

• Visa options for 457 visa holders whose contract was not renewed or terminated early due to downturn in the industry, e.g. mining
• New Occupation List for the Regional Sponsored Migration Scheme (RSMS) Subclass 187 Direct Entry visa applications
• Supplementary Occupation List for South Australia State Sponsorship
• Client feedback about the Pearson PTE Academic Exam
• Changes to eligible complying investments for the Significant Investor Subclass 188C visa
• Recap of Work Visa Lawyers in China as part of the Shandong-South Australia Cooperation and Development Forum in May 2015

We hope you find the news video informative. Remember that you should seek advice of a Registered Migration Agent to find out your specific options. The situation and scenario of each individual may mean different visa application pathways.

Contact us today to find out more! Remember to subscribe and follow Work Visa Lawyers on YouTube, Facebook and Twitter to get immediate updates about the Australia migration programme.

Starting on 21 September 2015, young Chinese nationals will be able to apply for the Work and Holiday (462) visas and Working Holiday (417) visas to Australia as part of improved visa facilities under the recently concluded China-Australia Free Trade Agreement (ChAFTA). This is the first stage where 1,500 places in the Working and Holiday Visa program are going to be open for application, with more places to be released in further stages until the programme reaches its annual cap of 5,000 places.

To apply for this visa, applicants must take note of the following:

• Hold a valid passport issues by the People's Republic of China
• Age 18-30 at the time of lodging the application
• Will not be with a dependent child while you are in Australia
• Have enough money to support yourself on a working holiday (about AUD 5000)
• Have enough money to buy a return or onward travel ticket at the end of your stay
• Have not previously entered Australia on a Working Holiday visa (subclass 417)
• Meet the educational requirements – usually completing a tertiary qualification
• Have functional English
• Meet character and health requirements
• Holders of Chinese passports are not required to provide evidence of Government support for the grant of the visa
• Chinese applications cannot be lodged by post, and instead must be made by appointment and in person at one of the three addresses provided in either Beijing, Guangzhou or Shanghai

So take advantage of this unique Australian visa that will allow you to visit and work in Australia at the same time! The limited places mean that not everyone in the populous country will be able to obtain this visa so act now and apply! Check with Work Visa Lawyers for your eligibility before applying.

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

The Work and Holiday visa programme is a great platform for overseas visitors to experience living in Australia for an extended period of time (up to 12 months). The ability to work also means that visa holders can experience the Australian work culture and meet potential employers who might be willing to offer a permanent position if the visa holder impresses. The wages from work done will also allow travellers to see more of Australia during the 12 months of stay.

A word of caution though is that Work and Holiday visa holders need to be aware of employment laws and regulations in Australia so that they are not abused in any way. A good source for that information is FairWork.gov.au and I recommend that all Work and Holiday visa holders refer to the website to understand the employment conditions in Australia.

This information is accurate on 18 September 2015

Sources:

1. https://www.comlaw.gov.au/Details/F2015L01437/Explanatory%20Statement/Text
2. http://www.border.gov.au/Trav/Visa-1/462-
3. http://english.cri.cn/12394/2015/07/02/3742s885455.htm
4. http://www.fairwork.gov.au/

Do you need help with an Australian visa application?

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

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

(08) 7225 5091 or +61 8 7225 5091

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

From the Independent Review of the integrity of the subclass 457 visa programme completed in March this year, it has been discovered that there are employees and employers who are engaged in a “Payment for Visas” arrangement. Typically what happens is that employers are offered a payment in return for agreeing to sponsor an overseas worker to obtain a 457 work visa to enter Australia.

The Migration Amendment (Charging for a Migration Outcome) Bill 2015 will introduce fines or imprisonment for such offenders. It will become a criminal offence for a sponsor or a third party to ask for or receive a benefit from a visa sponsorship. The punishment is set to be a maximum of 2 years imprisonment or a fine equivalent to $64,000 for an individual or $324,000 for a corporate body.

In addition to criminal charges, civil penalties will also be applicable to the sponsor, visa applicant or any third party who received or provided payments or benefits in relation to a sponsorship for a 457 visa. Fines are set at $43,200 for individuals and $216,000 for corporate bodies.

The negative consequence for the visa applicant is that their 457 visas can be cancelled based on discretionary powers introduced by the amendment to consider cancellation of visas. Therefore as long as you are involved in a “Payment for Visas” scheme your visa may be cancelled and you will be asked to leave Australia.

On a separate note the government has introduced more measures to educate temporary visa workers about fair working conditions and protection from abuse in Australia. Assistant Minister for Immigration and Protection, Senator the Hon Michaelia Cash issued a statement announcing the measures and also the need for overseas temporary workers to identify unfair employment conditions such as low wages, discrimination, bullying and harassment.

The Pay and Conditions Tool (PACT) is available at calculate.fairwork.gov.au and all workers can check their pay using the tool.

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

The 457 and other work visa programmes such as the Regional Sponsored Migration Scheme (RSMS) subclass 187 visa and the Employer Nomination Scheme (ENS) subclass 186 visa have had problems such as:

• sponsorship by the employers were not genuine
• employers and/or employees did not fulfil the obligations as stipulated in the sponsorship

Such cases used to have the Department of Immigration and Border Protection monitor and sanction the sponsoring business if they are found guilty of not fulfilling the sponsorship obligations, including offences such as deducting pay from employees for the sponsorship. With the new and tougher punishments, employers will now need to ensure that they are not abusing the system to make unlawful gains for sponsoring an overseas worker to come to Australia.

Sponsored employees should also not partake in such “Payment for Visas” arrangement as they can now be fined and have their visas cancelled by the Department. If you are caught in such a situation you need to check with a Registered Migration agent about the visa conditions and obligations you need to fulfil.

This information is accurate on 18 September 2015

Sources:

1. http://www.minister.border.gov.au/michaeliacash/2015/Pages/legislation-outlaws-payment.aspx
2. http://www.minister.border.gov.au/michaeliacash/2015/Pages/know-your-work-rights.aspx
3. http://www.mia.org.au/documents/item/750
4. https://calculate.fairwork.gov.au/

Do you need help with an Australian visa application?

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

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

(08) 7225 5091 or +61 8 7225 5091

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

Most Australian temporary and permanent residence visa applications require applicants to meet English language requirements. Currently there are FIVE different English exams that are accepted by the Department of Immigration and Border Protection:

• IELTS – International English Language Testing System (Academic or General Module)
• OET – Occupational English Test
• TOEFL iBT – Test of English as a Foreign Language (internet-based test)
• PTE – Pearson Test of English (Academic)
• CAE – Cambridge English: Advanced

While there are different English exams available the requirements thresholds remain the same as Functional, Vocational, Competent, Proficient and Superior. Here are the equivalents across the five different exams:

Fees and Time Taken for Results

The following are fees for the exams in Australia:

IELTS – A$ 330
Results available 13 calendar days after the test

OET – A$ 587 including A$ 7 booking fee
Results available 16 business days after the test (add 7 to 10 business days for post)

TOEFL iBT – US$ 300
Results available 10 calendar days after the test (add 4 to 6 weeks for post)

PTE – A$ 330
Results available 5 business days after the test

CAE – A$ 280
Results available 4-6 weeks after the test (2 weeks for computer-based exams)

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

The availability of different English exams is a great advantage for visa applicants for the following reasons:

• Applicants can now take English exams of a different format, e.g. computer-based exams
• Applicants who are facing time constraints or deadlines to submit a visa application with an English exam result now have more options to obtain an English exam result faster

Work Visa Lawyers advises that applicants do not wait until the last minute before submitting a visa application. Occasionally circumstances may force applicants to have a very short window to submit a visa application. Applicants can now check with different English exam providers to see which can provide the English exams results in time for their visa application.

Now that the new English exams have been introduced for quite some time, I can provide you with some feedback from my clients:

• Many clients are preferring the PTE Academic exam as they find that they can get better results compared to the IELTS
• This means that exam places for the PTE Academic exam may be booked up as more visa applicants choose to take the PTE exam
• Book your English exams as early as possible to avoid a long wait for the exam date

This information is accurate on 28 August 2015

Sources:

1. IELTS
   https://ielts.com.au/
2. OET
   https://www.occupationalenglishtest.org/
3. TOEFL
   https://www.ets.org/toefl/ibt/about/
4. PTE
   http://pearsonpte.com/
5. CAE
   http://www.cambridgeenglish.org/exams/advanced/

Links to previous blogs about English requirements:

• http://www.workvisalawyers.com.au/news/entry/australia-migration-updates-video-update-by-registered-migration-agent-chris-johnston.html
• http://www.workvisalawyers.com.au/news/entry/changes-announced-for-the-457-visa-lower-english-requirements.html
• http://www.workvisalawyers.com.au/news/entry/changes-announced-for-the-476-and-485-visa-lower-english-requirements.html
• http://www.workvisalawyers.com.au/news/entry/australian-immigration-news-for-september-2014-new-english-tests-and-partner-visa-fees-up.html
• http://www.workvisalawyers.com.au/news/entry/which-english-test-is-the-best-for-australian-migration.html
• http://www.workvisalawyers.com.au/news/entry/five-tips-for-the-ielts-test-by-english-tutor-fran-reid.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 Migration Review Tribunal, Judicial Review and Ministerial Intervention.

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

(08) 7225 5091 or +61 8 7225 5091

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

News streams were flooded with the arrest of 3 individuals running a student visa and employment scam in Melbourne, Victoria. The individuals owned and managed a college, St Stephens Institute in Reservoir and an institute, Symbiosis Institute of Technical Education. The individuals worked with unscrupulous migration agents and applied student visas for applicants who paid up to AUD 10,000 for "enrolment" in the college or institute. There were no classes for students to attend but instead the students were arranged to work as posties or delivery personnel. The work was arranged via one of the individual's business which was a labour hire contractor for the Australian Post. The "students" were underpaid and received no benefits whatsoever but continued working as they were promised a work or residence visa at the end of their student visa.

Another institute that has come under scrutiny is TK Melbourne Education and Training College which allegedly has been issuing fake and back-dated certificates to international students. The Australian Skills Quality Authority (ASQA) has issued a “critical non-compliance” label to the institute for failing to meet with national Registered Training Organisation standards. If students used the fake qualifications to enrol in a separate higher learning course, or to apply for a skilled migration visa, the fake qualification may be overturned and the students will then be refused admission or a visa application.

Don’t get caught up in a scam!

While the government bodies involved – Australia Post, Australian Skills Quality Authority (ASQA) and the new Department of Immigration and Border Protection (DIBP) perform the necessary internal review to prevent such cases from repeating, Work Visa Lawyers would like to educate and remind international students, current or prospective to be fully aware of the objective and obligations of the student visa programme in Australia. Students involved in unlawful and unethical arrangements as above suffer financial loss as well as potentially a negative record on their Australia visa history, which may affect future Australia visa applications.

It is important for international students in Australia to check:

• They are enrolled in the correct education course and institute
• The obligations and conditions for the student visa held, such as work restrictions or education provider restrictions (e.g. streamlined education providers)
• Actual study was conducted before the qualification is deemed complete before a certificate is issued

Student visa holders also need to know that there is no guarantee of a visa at the end of the study duration even though they may be promised so. Student visa holders should always check with the DIBP or other Registered Migration Agents if they suspect that something is amiss with their education courses or permitted employment.

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

The DIBP has the power to cancel a visa in a number of scenarios such as the ones listed below:

• if an applicant has provided:
  • “a bogus document or information that is false and misleading in  material particular in relation to:
    1. the application for the visa; or
    2. a visa that the applicant held in the period of 12 months before the application was made”

From Public Interest Criteria 4020

This includes the situation where the applicant did not knowingly provide the false or misleading information with their application.

• if a visa holder violated the visa conditions and obligations (such as working when not allowed to)
• if a visa holder has committed criminal offences that are harmful to the Australian society and its values. The recent focus on cancelling visas of convicted criminals (see our earlier news entry here) is one such example.

Work Visa Lawyers advises all Australian visa holders to:

• Stay away from scams and criminal activities
• Always be aware of your visa conditions and make sure you meet the visa obligations
• Always check with a trusted authority such as the DIBP or Registered Migration Agents in Australia if there is something suspicious in relation to your student or work visa

This information is accurate on 7 August 2015

Source:

1. http://www.smh.com.au/national/australia-post-link-to-visa-crime-racket-claim-20150804-girbiw.html
2. http://www.smh.com.au/national/cash-for-visas-international-colleges-fake-qualifications-in-migration-rackets-20150805-gis11z.html
3. http://www.brisbanetimes.com.au/national/nonsensical-essay-answers-shine-a-light-on-australias-educational-visa-farms-20150805-gis8po.html
4. http://newsroom.border.gov.au/releases/three-charged-and-millions-of-assets-seized-in-joint-agency-investigation

Do you need help with an Australian visa application?

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

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

(08) 7225 5091 or +61 8 7225 5091

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

 2018 UPDATE:

Since 1 July 2015, Immigration South Australia (SA) has implemented a Supplementary Skilled List in addition to the normal State Occupation List as part of its state sponsorship programme. The Supplementary Skilled List includes all occupations that are not on the SA State Occupation List but are on the Federal Consolidated Skilled Occupational List (CSOL). Some of the occupations that can be accessed on the Supplementary Skilled List include:

• Generic business professionals such as Marketing, Advertising and HR professionals – Marketing Specialists, Marketing Managers, Recruitment Consultants, Commodities Traders
• Management Consultants and Policy Analysts
• Sales Representatives – Medical, ICT or Industrial
• Education professionals for example Lecturers, primary and secondary School Teachers
• Engineering Technicians
• Tradesworkers – Toolmakers, Florists, Sound Technicians, Interior Decorators, etc.

Who will benefit from the South Australia Supplementary Skilled List?

The SA Supplementary Skilled List is helpful for the following people:

• Applicants with occupations that are not suitable for a Skilled-Independent Subclass 189 visa, i.e. the nominated occupation is not on the Federal Skilled Occupation List (SOL)
• The applicant’s nominated occupation does not have a state or territory available to sponsor for a Skilled Sponsored Subclass 190 visa or a Skilled Regional Sponsored Subclass 489 visa

That is great! How can I access the South Australia Supplementary Skilled List?

An applicant can access the Supplementary Skilled List if they can meet one of the following conditions:

• The applicant is an international graduate from South Australia
• The applicant is currently working in South Australia
• The applicant qualifies for chain migration where a close family member is residing in South Australia for 12 months or more
• The applicant achieves 80 points or more for the Department of Immigration and Border Protection (DIBP) points test

Click on the links above to find out more details from the Immigration SA website. Applicants will still need to fulfil the general state sponsorship requirements.

Is it possible to accumulate 80 points for the Skilled Migration Points Test?

Typically most skilled applications claim 60 to 70 points for their applications. To claim 80 points applicants are likely to have Superior English ability, age between 25 and 32 years and have Australian studies or a PhD. Here is an example:

As demonstrated above it is possible to achieve the 80 points required with some room for manoeuvre.

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

At a recent meeting with Immigration SA, it was interesting to find out that there were a lot of applications submitted for the Supplementary Skilled List occupations under the claims for 80 points or more. As the only state sponsorship authority willing to consider all occupations on the CSOL, it is not surprising that many applicants now flock towards SA to obtain state sponsorship. However, applicants should thoroughly check and make sure that they can meet the points claimed to ensure a successful state sponsorship application.

Applicants should also consider the other criteria to access the Supplementary Skilled List. The current South Australian employment and chain migration criteria will definitely be useful for temporary overseas workers in SA and the relatives of Australian permanent residents in SA.

If the large numbers of applications submitted to Immigration SA thus far are all eligible, we might see Immigration SA suspend certain occupations for state sponsorship as some of the occupations will hit the state planning numbers for the fiscal year. It would be best to apply as soon as possible. Contact us now to find out if you can apply for SA state sponsorship.

Source:

1. http://www.migration.sa.gov.au/skilled-migrants/nomination-process/eligibility-summary

This information is accurate on 4 August 2015

Do you need help with an Australian visa application?

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

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

(08) 7225 5091 or +61 8 7225 5091

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

More news in relation to the Australian migration programme in the new fiscal year! Here is an overview:

• Occupation Ceilings for the 2015-16 Fiscal Year Released – Bad news for Accountants and Registered Nurses
• A separate Occupation List for the Regional Sponsored Migration Scheme (RSMS) Direct Entry is now in effect

Occupation Ceilings for the 2015-16 Skilled Migration Programme

The occupation ceiling determines the number of invitations allowed for a certain occupation for each programme year, essentially a planning number for occupations suitable for migration. Here are some key points of the new occupation ceilings:

• Accountants experience the largest reduction among all occupations – down 54% to 2525 places for the programme year
• Registered Nurses had its ceiling reduced by 1170 places – an 8% decrease
• Dentists are removed from the list
• Metal Fitters and Machinists up 1254 places – an 18% increase
• Plumbers up 666 places – a 15% increase
• Panelbeaters and Cabinetmakers now included

Additionally the following occupations will receive invitations on a pro rata arrangement to ensure availability of invitations throughout the programme year:

• Accountants (ANZSCO 2211)
• ICT Business and Systems Analyst (ANZSCO 2611)
• Software and Applications Programmer (ANZSCO 2613)

New Occupation List for the Regional Sponsored Migration Scheme (RSMS) Direct Entry Stream

There is now an occupation list specific to the RSMS Direct Entry visa application. Business sponsors, applicants and migration agents must now refer to the occupation list to determine eligibility for the Direct Entry RSMS.

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

The new occupation ceilings for Accountants and certain ICT professionals indicate that the Australian Federal Government thinks that there is currently an oversupply of Accounting and ICT applications in the queue for processing. It is still possible to obtain an invitation via the Skilled Sponsored (subclass 190) in this programme year as the state nominated visas are not subject to occupation ceilings. This adds further competition for the limited places available for state sponsorship so get in early if possible.

The new RSMS Direct Entry Occupation List must be referred to when lodging new RSMS Direct Entry application on and after 1 July 2015. All parties should check that the occupation for the application is on the list before submitting the application.

This information is accurate on 7 July 2015

Source:

1. http://www.border.gov.au/Trav/Work/Skil#tab-content-3
2. https://www.comlaw.gov.au/Details/F2015L01018/Download

Do you need help with an Australian visa application?

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

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

(08) 7225 5091 or +61 8 7225 5091

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

More news in relation to the Australian migration programme in the new fiscal year! Here is an overview:

• Immigration SA is the first to release its Occupation Lists for State Sponsorship
• Amendments to the SOL and the CSOL (Dentists and Urban Planners take note)
• Austrade becomes a nominator for the SIV programme

Immigration SA releases Occupation List

Immigration South Australia has published their occupation lists and will be accepting applications for state sponsorship on the 6 July 2015. All occupations are now listed as “High Availability” but it is expected that places for popular occupations will be filled up very quickly, especially since no other state or territory has published a new list of occupations for sponsorship. Here is a highlight of the SA occupation list:

• All ICT occupations are available for sponsorship
• Registered Nurses (nec), Enrolled Nurses and Mothercraft Nurses are available for sponsorship
• Mining and Oil & Gas occupations are not on the list
• Applicants who register 80 points or higher in the Skillselect pool can now access the Supplementary Skilled List

A reminder that Immigration SA now charges for processing a state sponsorship application. Read up in our previous news post about the fees applicable here. There are also updates to the English requirements.

On a separate note ACT (Canberra) will announce their occupation list in August 2015.

Amendments to the Skilled Occupation List (SOL) and Consolidated Skilled Occupation List (CSOL)

There have been amendments to the SOL and CSOL, specifically:

• Urban & Regional Planners, Dental Specialist and Dentists are removed from the SOL and moved to the CSOL – this means that these occupations now require state sponsorship
• Panelbeater and Cabinetmaker are removed from the CSOL and moved to the SOL
• Primary School Teacher is removed from the CSOL

Austrade becomes a Nominator for the Significant Investor Visa (SIV)

In addition to the Australian states and territories Austrade is now a nominator for the SIV programme. The application fee for nomination is A$ 1000 which is significantly higher than other states and territories. However applicants nominated by Austrade will be allowed to settle down in any part of Australia.

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

Immigration SA is taking the lead in receiving new applications for state sponsorship in the new fiscal year. However the allocation numbers for SA are usually low so expect places to be filled up quickly. You should apply as soon as possible on the 6 July 2015. The new role of Austrade as a SIV nominator is also beneficial for applicants who do not have a preferred location for settlement as they will not be geographically restricted.

Work Visa Lawyers will bring you more updates as soon as they are announced.

This information is accurate on 2 July 2015

Source:

1. http://www.migration.sa.gov.au/skilled-migrants/nomination-process/skilled-nomination-changes-1st-july-2015
2. http://www.border.gov.au/Trav/Work/Work/Skills-assessment-and-assessing-authorities/skilled-occupations-lists
3. https://www.austrade.gov.au/invest/doing-business-in-australia/significant-and-premium-investor-programmes/significant-and-premium-investor-visa-programmes?utm_campaign=Significant+and+Premium+Investor+Visa+Programmes_20150701&utm_medium=email&utm_source=ministerialannouncement_20150701

Do you need help with an Australian visa application?

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

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

(08) 7225 5091 or +61 8 7225 5091

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

The Department of Immigration and Border Protection (DIBP) has announced changes affecting the Employer Nomination Scheme (Subclass 186 Visa) and Regional Sponsored Migration Scheme (Subclass 187 Visa). Two occupations – Ministers of Religion and Medical Practitioners, are affected by the changes announced.

Ministers of Religion (ANZSCO 272211) now required to sign-up to Labour Agreements

Ministers of Religion are now no longer eligible for the Direct Entry and Temporary Residence Transition stream of subclass 186 and 187 visas, as well as the Temporary Work (Skilled) subclass 457 visas. Religious organisations are now required to have an Industry Labour Agreement in place before they submit nominations under the 186, 187 and 457 visas.

Exemptions to age, skill and English language are no longer available to Ministers of Religion. Applicants must meet the requirements outlined in the Ministry of Religion Industry Labour Agreement. Follow this link to learn more about requesting for labour agreements.

Age Exemption now available for eligible medical practitioners in regional Australia

Medical practitioners who work in regional Australia and wish to apply for the subclass 186 and 187 visas now have easier access to exemptions for the age requirement if they are 50 years of age or over. Medical practitioners working in regional Australia seeking for the age exemption will no longer require employment with the same employer while holding a subclass 457 visa or a Medical Practitioner (Temporary) Subclass 422 Visa. They will instead need to:

• Demonstrate at least four years of employment in the nominated occupation
• Demonstrate that at least two out of the required four years of employment were located in regional Australia
• Ensure that the nominated position is located in regional Australia

For more information about exemptions, visit the Department webpage here.

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

More changes are expected at the turn of the new fiscal year and it is important that applicants are aware of the implemented changes that can affect your Australian visa eligibility. In this case Ministers of Religion are now subjected to stricter requirements while medical practitioners in regional Australia effectively gain a lower requirement for the age criteria when applying for the subclass 186 or 187 visas.

Follow Work Visa Lawyers on Twitter, Facebook and YouTube to receive information on the latest changes to the Australian migration programme.

Source:

1. http://www.border.gov.au/News/Pages/Ministers-of-Religion-occupation-changes-from-1-July-2015.aspx
2. http://www.border.gov.au/News/Pages/Medical-practitioners-in-regional-Australia-age-exemption.aspx

This information is accurate on 1 July 2015

Do you need help with an Australian visa application?

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

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

(08) 7225 5091 or +61 8 7225 5091

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

The new fiscal year has arrived! Historically the Department of Immigration and Border Protection introduces changes to the Australian migration programme on the 1^st July each year. Below is a list of changes and news that has come into effect today:

• Change in English Requirements for Health Professionals
  - Nursing and Midwifery, Medical Practitioners, Dental Practitioners, Chiropractors and more
• Changes to the Business Innovation and Investment Programme
• Minor Change to Migration Skills Assessment for Accountants
• Increase in the Migration Review Tribunal Fees
• Increase in Visa Application Fees (VAC)

Changes to the English Requirement for Health Professionals

The Australian Health Practitioner Regulation Agency (AHPRA) has announced new English requirements for the registration standards of 10 common health professions, dental practitioners, medical practitioners, nursing and midwifery. Find out about the new requirements by clicking through the applicable links:

Common standard for 10 professions – Chinese medicine, chiropractic, medical radiation, occupational therapy, optometry, osteopathy, pharmacy, physiotherapy, podiatry and psychology.

Standard for dental practitioners

Standard for medical practitioners

Standard for nursing and midwifery

Applicants can now combine 2 IELTS scores or submit specific medical exams such as NZREX or PLAB to meet the registration standards. More detailed updates to follow.

Changes to the Business Innovation and Investment Programme (BIIP)

The BIIP will undergo some major changes as follows:

- Creation of a new Premium Investor Visa (PIV) stream for the 188 Business Innovation and Investment (Provisional) visa

• Investment of A$ 15 million
• No residency requirements
• Eligible for 888 permanent visa in 12 months’ time

- Allowing a secondary applicant (spouse only, excludes dependent children) of a 188 provisional visa to fulfil the requirements for the 888 permanent visa requirements – role-swapping

- Residency requirements for the 188C Significant Investor Visa (SIV) holders amended to be 40 days per year for the primary applicant and 180 days per year for the secondary applicant to qualify for the permanent 888 visa

- Extending the duration of the 188 visas to be valid for 4 years and 3 months

- Addition of the CEO of Austrade as a nominator for SIV applications. Austrade nominated applicants will not be restricted to reside in one particular state

- Preventing complying investments (significant or premium) to be used as collateral or security for a loan

- Complying significant and premium investments will need to be new investments and cannot be existing investments in Australia

There are more updates to follow, such as the nomination process for Austrade, suitable financial products under the new complying investment framework and so forth. Work Visa Lawyers will bring you the latest news once we receive them.

Change to Migration Skills Assessment for Accountants

The Core Knowledge Areas will be consolidated from 12 to 9 areas of knowledge. Applicants will need to meet at least seven (7) core areas to meet the skills assessment requirements, with the exception of External Auditors and Taxation Accountants who need to meet at least eight (8). For more details, visit the skills assessment bodies below:

CPA Australia  

Institute of Public Accountants 

Institute of Chartered Accountants Australia 

Increase in Migration Review Tribunal (MRT) and Refugee Review Tribunal (RRT) Appeal Fees

Fees for the review applications are now A$ 1673.

Increase in Visa Application Fees (VAC)

If you missed our earlier news entry on the VAC increments, click here to find out more. Don’t be surprised by the change in fees.

More to Follow

There are bound to be more changes to be announced from the Department as well as other related authorities such as skills assessments organisations, state migration departments and others. Visit our website to get the latest updates on changes as they are announced.

Newsworthy

Visa cancellations increase by 553 percent due to crackdown on foreign criminals

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

The biggest changes so far would be the lowered English requirements for health professionals and the reshaping of the business migration and investment visas. As the changes announced can mean a different visa option for affected individuals, do contact a professional registered migration agent to assess how the new changes affect you.

This information is accurate on 1 July 2015

Do you need help with an Australian visa application?

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

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

(08) 7225 5091 or +61 8 7225 5091

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