If you have recently completed your tertiary studies in December 2014, your student visa is likely to be expiring in mid-March 2015, just 2 more months down the road! If you have not sorted out your visa options for further stay in Australia you need to get started immediately. Read on to discover the options you have for extending your stay in Australia post-studies.

Apply for a 485 Temporary Graduate Visa if you are eligible

There are two streams to the 485 visa:

Graduate Work Stream

• For international students who graduated with a qualification related to an occupation on the Skilled Occupation List (SOL)
• Requires a positive skills assessment
• Valid for 18 months from the date of grant

Post-Study Work Stream

• For international students who graduate with a higher education degree from an Australian education provider, in any field of study
• Only applicable for students who applied for, and were granted their first student visa to Australia on or after 5 November 2011
• Can be granted for up to four years from the date of visa grant, depending on the visa applicant’s qualification

Other criteria require you to:

• have at least competent English
• meet the Australian study requirement

The subclass 485 Temporary Graduate Visa is a good option, but it is not available to all students. Many vocational course graduates miss out and may need to consider other options.

Apply for a Skilled Visa – Subclass 189, 190 or 489

It is possible that graduates can immediately qualify for a General Skilled Migration (GSM) visa. There are a range of factors such as having a positive skills assessment, good English skills and state sponsorship for recent graduates. Occupations that are possible to apply for a GSM visa because they do not require 1 year of experience include: Registered Nurses, Engineers and Accountants.

There are various factors to be considered for this pathway as each state and territory has their own sponsorship requirements and benefits (such as Chain Migration for South Australia); and nominated occupations must be on the skilled occupation list. South Australia is one of the states which strongly supports its own graduates in obtaining state sponsorship for further visa applications. Check with Work Visa Lawyers about the various state sponsorship requirements and their implications for your visa application.

Apply for a 457 Employer Sponsored Work Visa

You may have worked the 20 hours allowed per week during your studies and come across an employer who is willing to sponsor you for a work visa. This pathway requires a few stages of work as the employer needs to be an approved sponsor first before sponsoring you. Work Visa Lawyers assists in checking the eligibility of the employer to be a sponsor and the sponsorship application process. If you have an employer willing to sponsor you, do contact us immediately as the work involved before your visa application can take some time. To have an overview of the work visa application read our blog entry here. It is noteworthy that some employers may sponsor you for a permanent visa immediately.

Apply for a Partner Visa

During your studies you may have met someone who is an Australian or an Australian Permanent Resident. If the relationship is genuine and ongoing, you can consider applying for a Partner Visa. The timing of your application and having strong supporting evidence is important. It is advisable that you check with Work Visa Lawyers on your situation before lodging an application for a partner visa. Read here to understand more about Partner Visas.

Enrol in a new course for further studies to increase your skills

This option can be considered if you encounter the following scenarios:

• The course you recently completed does not meet the 2-year study requirement, or
• The course you completed has no suitable occupation to be nominated for a visa application

While this option is costly and you will not be applying for a permanent visa until you complete the new course, it allows you to stay on in Australia to evaluate your options later, as well as obtain another quality Australian qualification. Do note that there are no guarantees that the new course you enrol in will lead to a permanent residence visa.

To be granted a student visa, you will need to meet the genuine temporary entrant requirement. This requires that you study a course with the intention to return to your home country with the newly acquired skills.

Source:

Department of Immigration and Border Protection (DIBP) website

https://www.immi.gov.au/Visas/Pages/485.aspx

https://www.immi.gov.au/Work/Pages/SkillSelect/SkillSelect.aspx

https://www.immi.gov.au/Visas/Pages/457.aspx

https://www.immi.gov.au/Visas/Pages/801-820.aspx

This information is accurate on the 23 January 2015.  DIBP will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application.

Do You Need Help?

At Work Visa Lawyers we are experienced in assisting applicants with skilled visa applications such as subclass 189, 190, 489, 485, 457 visas as well as the Regional Sponsored Migration Scheme (RSMS). We also handle family visa applications including Partner, Parent and Child visas.

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

 (08) 7225 5091 or +61 8 7225 5091

or   info@workvisalawyers.com.au

New Fees Applicable for Immigration SA State Sponsorship Applications

Immigration SA has announced that there will be fees chargeable for SA state sponsorship applications starting possibly as soon as 16 March 2015. Below is the email notification sent by Immigration SA:

Comments by Chris Johnston – Principal Lawyer at Work Visa Lawyers:

It seems to be a regrettable trend that DIBP and State agencies are raising their fees.

In the short term, one response to the Immigration SA fees could be to try to lodge an application before the fees come into play, after the 15 March 2015.

Source:

Immigration SA Newsletter

http://us8.campaign-archive2.com/?u=20d640fb2433c8647afb2f3b2&id=9cd137cbf4&e=74bc89fd9d

This information is accurate on the 22 January 2015.  DIBP and Immigration SA will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application.

Do You Need Help?

At Work Visa Lawyers we are experienced in assisting applicants with visa applications and state sponsorship applications such as skilled visa and business visa nominations.

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

 (08) 7225 5091 or +61 8 7225 5091

or   info@workvisalawyers.com.au

Topics covered by Chris Johnston, Lawyer an Registered Migration Agent:

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WHICH ENGLISH TEST IS THE BEST FOR AUSTRALIAN MIGRATION?

2018 IELTS UPDATE: IELTS now offering computer-delivered English tests for visa applicants in AustraliaIELTS now offering computer-delivered English tests for visa applicants in Australia

New tests are available for Australian Migration, giving you more options!

Since 23 November 2014 the Department of Immigration and Border Protection (DIBP) has accepted other forms of English tests other than IELTS and the OET for Temporary Graduate, Skilled, Former Resident and Work and Holiday visa applications.  In our earlier article we mentioned that in addition to IELTS and OET, applicants can now use TOEFL and PTE Academic for visa application purposes (CAE to be accepted 1 Jan 2015 onwards).  Click here for our earlier article regarding the newly accepted English exams and the relevant scoring benchmarks.

So applicants now have options to the type of English exam they wish to take for their visa application. 

The options include:

• IELTS
• TOEFL iBT
• Pearson - PTE Academic
• Cambridge English: Advanced (CAE)

WHICH ENGLISH TEST is Easiest and Best for You?

Are all the English exams the same? 

Are the structures of some exams more compatible for the person taking the exam? 

TOEFL is all done talking to the computer, whereas IELTS is paper based for writing and you have to speak to a person.

Watch this video of a student who have done all the different exams and what he thinks about them.  You can hear him speak about the differences between TOEFL and IELTS at the 3:31 mark: 

“I scored much better on the TOEFL test than I did the IELTS. So the difference was quite big.  So apparently for me the TOEFL was better.  So for the IELTS test I had an overall average of 7.5... For the TOEFL test I scored...  for the internet based test I scored 114 out of 120”

Another video provides more details on the preparation for the exams (2:55 mark):

“These (preparation leaflets) are very important because they really give you... put you at ease when you are in front of the exam so I would really recommend reading those. So even if you don’t really prepare your English at least you prepare the way you have to take you exam so that would help you a lot.”

On the exam format (6:34 mark):

“... in TOEFL lots of it were in multiple choice except for the writing section and in the IELTS you have to write even when you are listening and also when you are reading you have to write...”

For a detailed description of the exam formats and differences you can watch this video and find out what tasks await you in the different exams.  There are also many tips and video guides on specific sections for the exams on YouTube.  You can also find more descriptions online for the other English exams such as Cambridge English: Advanced (CAE) that is now accepted for visa applications.

Now that you know the exams are different, do find out and try the specimen exam materials for the different tests to see which suits you better.  Complications in fulfilling the English requirements can delay your visa application and affect your eligibility.  Act now to find your best English test and obtain the scores required to start your new life in Australia!

Comments by Chris Johnston – Principal Lawyer at Work Visa Lawyers:

With the recent opening of new test for many Australian visas, I have spoken with many of my client’s.  Some are sticking with the IELTS as they are used to its structure. 

There is also strong interest in the TOEFL IBT due to it being done on a computer at a testing centre.  I will do further blogs in which I comment on the feedback provided by my clients about which test they prefer.

Source:

From Fulbright Belgium

Applying to US Universities: Comparing the GRE, GMAT, TOEFL and IELTS Tests

https://www.youtube.com/watch?v=agBQrQOWPAo

TOEFL vs IELTS: Comparing English Language Proficiency Tests

https://www.youtube.com/watch?v=yk2hMlRW99g

TOEFL - IELTS: Compare TOEFL vs IELTS and take the right one https://www.youtube.com/watch?v=2CFBXg4H3fU

Warning:

 This information is accurate on the 11 January 2015.

Do You Need Help with Australia Migration?

At Work Visa Lawyers we are experienced in assisting applicants with the Expression of Interest, State Sponsorship and Visa application process for state sponsored subclasses 190 and 489.  We can also assist with the Independent 189.

If you require further information regarding an application or your Australian visa options you can contact us through:

(08) 7225 5091 or +61 8 7225 5091 

or   info@workvisalawyers.com.au

South Australian International Vocational, Education and Training (VET) Graduates now considered for State Nominations

Effective from 23 December 2014, Immigration SA is including VET graduates as part of the state sponsorship programme for skilled migration visas subclass 190 and 489.  To be eligible VET graduates of South Australia will need to be:

• Currently working for 12 months or more in their nominated or closely related occupation in South Australia (minimum 20 hours per week); OR
• Currently working for 6 months or more in their nominated or closely related occupation in a country region of South Australia (minimum 20 hours per week). The country region must be outside of Greater Adelaide.

The country region of South Australia is defined by postcode and you can explore the country regions on the Immigration SA website here.

What does this mean for you?

The expansion of the graduate list means that there are more opportunities for non-bachelor degree graduates to apply for permanent residence in South Australia.  To find out if the new changes are an opportunity for you, visit the Immigration SA website or contact us via the details below.

Source:

Immigration SA website

http://www.migration.sa.gov.au/news-events/news-releases/south-australian-international-vocational-education-and-training-vet-graduates-1

This information is accurate on the 2 January 2015.  DIBP and Immigration SA will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application.

Do You Need Help?

At Work Visa Lawyers we are experienced in assisting applicants with the Skilled Migration visa applications which include State Sponsored visas subclass 190 and 489.  We can also assist with the Skilled-Independent stream for eligible applicants.

If you require further information regarding an application or your Australian visa options you can contact us through:

 (08) 7225 5091 or +61 8 7225 5091

or   info@workvisalawyers.com.au

 The price of assisting your fiancé, de facto or married partner to obtain an Australian residence visa is getting costlier.  The Department of Immigration and Border Protection (DIBP) has announced an increase in visa application charges (VAC) for partner visas.  The 50% VAC increase will be effective 1 January 2015.  Here are the numbers:

• Offshore provisional and permanent partner visas - currently $3085 increased to $4630.00
• Prospective marriage visa - currently $3085 increased to $4630.00
• Onshore temporary and permanent partner visas - currently $4575 increased to $6865.00

This move is expected to provide DIBP with an additional A$373.6 million over four years, for the purpose of funding whole-of-government policy priorities.

At the same time DIBP has announced a planned increase in the intake of refugees for the year 2017-18.

What Do We Think

• The significant increase of 50% in the VAC is in effect a punishment for Australian citizens and permanent residents who have partners from overseas
• There is no promise of better service or shorter process times to go with the increase in fees.  Rather it is 50% higher fees at the same level of service.  From the date of application partner visas currently take approximately 1 year to be granted
• Bringing a partner in to Australia to start a family and contributing to the planned population growth will be more difficult financially

(net overseas migration currently contributes to 60% of Australia’s population growth)
Source: DIBP Fact sheet 15 - population growth

• The VAC increase is similar to what Skilled Migration applicants experienced in July 2013 when fees were changed to charge per person instead of per family application.  Read our previous article here

What Can You Do

• If you intend to apply for a partner visa, submit your visa application before 1 January 2015 to avoid the VAC increase
• If you need information about your current situation and to find out which visa is best for you to bring your partner into Australia, contact a Registered Migration Agent now

Source:

DIBP Website

http://www.immi.gov.au/News/Pages/increase-in-partner-vac.aspx

https://www.immi.gov.au/media/fact-sheets/15population.htm

SBS Website

http://www.sbs.com.au/news/article/2014/12/15/govt-cash-visas-foreign-love

This information is accurate on the 16 December 2014.  DIBP will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application.

Do You Need Help?

At Work Visa Lawyers we are experienced in assisting applicants with the Family Migration Stream which includes Partner Visa applications.  We can also assist with Skilled Migration visa applications for candidates looking for other options.

If you require further information regarding an application or your Australian visa options you can contact us through:

 (08) 7225 5091 or +61 8 7225 5091 

or   info@workvisalawyers.com.au

The Department of Immigration and Border Protection (DIBP) has announced a change in the Temporary Work (Short Stay Activity) visa (subclass 400) where visa applicants may apply for a stay period of up to six months upon first entry. A strong business case is required when applying for stays longer than three months. Factors to be considered for the grant of stays longer than three months include:

 · satisfying Australian workplace standards and not adversely affecting Australian workers

 · details about the project and potential adverse effects to the Australian community and people should the project fails to be implemented

 · evidence that there are local shortages of specialised skills possessed by the applicant

 · inability and difficulties faced by the employer in hiring Australians to fulfil a contracted work

 · number of Australians employed by the business or project

 · time available to train an Australian to implement and complete the proposed work or project over a longer timeframe

The time given to enter Australia upon visa grant is now six months.

Source:

DIBP Website

http://www.immi.gov.au/visas/pages/400.aspx

This information is accurate on the 15 December 2014.  DIBP will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Do You Need Help?

At Work Visa Lawyers we are experienced in assisting applicants with the Business Sponsorship, Nomination and Visa Application for the subclass 457 and 400 visas.  We can also assist with the SkillSelect visa options for candidates.

If you require further information regarding an application or your Australian visa options you can contact us through:

 (08) 7225 5091 or +61 8 7225 5091  

or  info@workvisalawyers.com.au

Change on South Australian State Nominated Occupation Lists

The Status of the occupation ‘Corporate Services Manager’ has been updated to medium availability.

So if you want to do a state nominated 190 or 489 application for Corporate Services Manager, you should get in quick while it is still on the list.

Source:

Immigration SA:

http://www.migration.sa.gov.au/skilled-migrants/state-nominated-occupation-lists

This information is accurate on the 13 December 2014.  Immigration SA and DIBP will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Do You Need Help?

At Work Visa Lawyers we are experienced in assisting applicants with the Expression of Interest, State Sponsorship and Visa application process for state sponsored subclasses 190 and 489.  We can also assist with the Independent 189.

If you require further information regarding an application or your Australian visa options you can contact us through:

 (08) 7225 5091 or +61 8 7225 5091  

or  info@workvisalawyers.com.au

2018 UPDATE

Notice: The 457 visa is no longer being granted and was replaced by the 482 visa. 

Top 10 Facts You Need to Know About the New Australian 482 Visa

Video: Top 10 Facts You Need to Know About the New Australian 482 Visa

 Introduction to the 457 visa

Subclass 457 visa is the most common Temporary Work visa. The duration of the visa is for up to 4 years. You can bring your family with you to Australia. Your family can live, work or study for the duration of your visa.

The first requirement to apply for this visa is a Business who is ready to Sponsor you to work for them. The Business should be able to satisfy the Standard business Sponsor requirements discussed later in the Blog. Secondly, you as an applicant should have the required qualifications, work experience and English proficiency.

10 things to know about when applying for a 457 visa – Australia’s most common temporary work visa

1.    Three stages of the 457 application: Subclass 457 is applied in three stages:

i.        Stage 1 - Sponsorship: The Business has to apply for approval as a ‘Standard Business Sponsor’ to DIBP. The business will need to meet a range of criteria including active operation and Training Benchmarks.

ii.        Stage 2 - Nomination: Once the business is approved as a ‘Standard business Sponsor’, a nomination application is to be lodged to the DIBP which will identify the position that is to be filled and key features of the position.

iii.        Stage 3 - Visa: This is the third and last stage of the 457 application. The applicant applies for a visa and must have the required qualification or skills and English.

2.    Training benchmark A and benchmark B: This is one of the requirements of the business to become a Standard Business Sponsor. The Business has to fulfil either of the two benchmarks at the time of applying for the Sponsorship application (Stage 1):

i.        Benchmark A – Business has paid 2% of the total wages paid to its employees in the last 1 year to an Industry Training fund. This Industry Training Fund should be relevant to the employer’s business.

ii.        Benchmark B – Business spent 1% of the total wages paid to its employees in the last 1 year to train the Australian employees. Australian employees include employees of the Business who are either Australian citizens or Australian Permanent Residents.

3.    Do you have an accepted occupation?

Nominated Occupation must be on the CSOL: The occupation of the applicant should be on the Consolidated Skilled Occupation List. This list can be found on http://www.immi.gov.au/work/pages/skilled-occupations-lists/skilled-occupations-lists.aspx

Top 10 occupations for a 457 visa are:

·         Cook (ANZSCO: 351411)

·         Cafe or Restaurant Manager (ANZSCO:141111)

·         Developer Programmer (ANZSCO: 261312)

·         Marketing Specialist (ANZSCO: 225113)

·         University Lecturer (ANZSCO: 242111)

·         General Practitioner (ANZSCO: 253111)

·         ICT Business Analyst (ANZSCO: 261111)

·         Accountant (General) (ANZSCO: 221111)

·         Mechanical Engineering Technician (ANZSCO: 312512)

·         Customer Service Manager (ANZSCO: 149212)

There are currently 651 occupations on the CSOL. So it is worth checking if yours is on the list.

Do you need help establishing the most appropriate occupation? Call us.

4.    Nomination requirements include meeting TSMIT, Market salary and LMT:

 TSMIT (Temporary Skilled Migration Income Threshold): This is the income threshold that is set by the DIBP. Currently the TSMIT is set at $53,900 (please check the figure before you apply as it is subjected to change). Business has to pay a yearly salary of equal to or more than this amount to the applicant to meet the TSMIT requirements.

Market Salary: Market salary is the salary that is being paid to employees with similar occupation in the market. It must be more than TSMIT. Business has to pay a salary equal to or more than the market salary to the applicant.

Please note: The salary to be paid to the applicant should be equal to or more than TSMIT and equal to or more than the market salary for the nominated occupation.

LMT (Labour Market Test) may be required: Business may be required to provide evidences that they tried to fill the nominated position with an Australian employee and that the Business advertised the position in last 1 year but could not get a suitable candidate for the position.

5.    Visa applicant must have required skill and English: The visa applicant should hold skill and work experience in the nominated occupation in some cases. If the nominated occupation is a Trade occupation, applicant may require a Skill assessment from the Trade Recognition Australia (TRA). The nominated occupation may have Registration and Licensing requirements as well.

Visa applicant will need to meet English requirements or an exemption: The visa applicant is required to score 5 bands in each module in IELTS or a score “B” in each of the four components in OET. Applicant may be exempted from this requirement if:

i.        Applicant is to be paid a base salary of more than the English-language-requirement exempt amount which is $96,400 per year at present (it may change in future), or

ii.        Applicant holds a passport from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America, or

iii.        Applicant has completed at least five years of continuous full-time study in a secondary or higher education institution in English.

6.    Conditions applicable to Business Sponsor and applicant after grant of 457 visa:

There are a large number of requirements for approved 457 Business Sponsor and 457 visa holders to comply with. The conditions include:

  i.        Conditions applicable for business:

     i.    Applicant works in the nominated occupation.

     ii.    Business should retain all the records.

     iii.    Provide training to Australian citizens or permanent residents.

ii.        Conditions applicable for the applicant:

       i.     Primary applicant can only work for the approved sponsor

     ii.    Secondary applicants have no work restrictions

     iii.    There are a limited number of occupations with exemption to work rights

     iv.    Must maintain adequate arrangements for health insurance

     v.    Must inform DIBP if applicant stops working.

The Department of Immigration and Border Protection does undertake monitoring on approved Business Sponsor. We have expertise in helping businesses respond to monitoring requirements.

Do you need help with responding to the Department regarding Business Sponsor Monitoring.  Call us.

7.    457 offers pathway to Australian PR: After working with the approved Sponsor for two years, applicant can apply for a Permanent visa subclass 187 under the Temporary Residence Transition Stream. The Business Sponsor must meet all Sponsorship requirements for the two years the person is on a 457, if they want to be able to use the Temporary Transition pathway.

8.    Government Review and recommendations to change 457 to cut ‘Red tape’

The Government has release a review report on the 457 program titled, Robust New Foundations: A Streamlined, Transparent and Responsive System for the 457 Programme.

The Report contains 22 recommendations, which include the following:

·         Labour Market testing requirements be abolished;
A more flexible and adaptive approach to adding occupations to the 457 list (CSOL list), due to limitations of the current ANZSCO occupations.

·         That the English language requirement be amended to an average score. For example, in relation to International English Language Testing System, the 457 applicant should have an average of 5 across the four competencies (or the equivalent for an alternative English language testing provider)

For more details on the recommendations, please go to:

http://www.workvisalawyers.com.au/news/entry/457-visa-news-government-report-recommends-changes-including-easing-english-requirements-and-lmt.html

9.    Alternative visas to the 457:

If your occupation is not on the CSOL then your options may include:

1.    RSMS visa – this requires that the position is a Trade or Diploma level on ANZSCO but is not limited to a list.

2.    Labour Agreement – It is possible to apply for a labour agreement to get access to occupation not on CSOL or to varying other 457 condition. The Labour agreement process is usually external and would require professional assistance.

3.    Partner visa - if you have an Australian Partner.

4.    Student visa

This is not the full range of options, but just some of the most common.

10.Do I need help?

The 457 process is complicated and the requirements are regularly changed by the Australian Government. Currently 73% of 457 visa applications are lodged by Registered Migration Agents. This is based on figures for April to June 2014.

In Australia, migration agents must be registered with the Office of the Migration Agents Registration Authority (MARA). If you choose to use a migration agent, you should use a registered migration agent.

Registration gives you protection and helps ensure people working as migration agents are aware of current laws and procedures and give correct advice.

https://www.mara.gov.au/media/337494/MAAR_Apr_Jun_2014_Web.pdf

If you require assistance with a 457 visa process then Work Visa Lawyers has a team of Migration Lawyers and Registered Migration Agents that can assist you.

Sources:

Australian Government Report:

http://www.immi.gov.au/pub-res/Documents/reviews/streamlined-responsive-457-programme.pdf

News release by Senator the Hon. Michaelia Cash:

www.minister.immi.gov.au/media/mc/2014/mc217716.htm

Warning -This information is accurate on the 28 November 2014.  

DIBP will change visa requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Do you Need Help with the 457 process, to be approved as a business sponsor or to get an Australian Visa for an employee?

If you require further information regarding an employer sponsored visa applications, either as an employer or an applicant, we can help you.

Our contact details are:

 (08) 7225 5091 (if calling from within Australia)

+61 8 7225 5091 (if calling from outside Australia)

Email address: info@workvisalawyers.com.au