Yeah!  New English Tests now acceptable for many Australian visa applications - TOEFL iBT and PTE Academic witn CAE to follow in January!

The Department of Immigration has been sending this news release out today:

“Expansion of three additional English language tests across visa programmes from 23 November 2014

From 23 November 2014 the department will accept test scores from two additional tests to IELTS across the Temporary Graduate, Skilled, Former Resident and Work and Holiday programmes. These are the Test of English as a Foreign Language internet-based test (TOEFL iBT) and the Pearson Test of English (PTE) Academic. The department will also accept scores from the Cambridge English: Advanced (CAE) test undertaken from 1 January 2015. Further information about these alternative tests is available from the department’s website www.immi.gov.au/News/Pages/aelt.aspx.

The department will not accept test scores from TOEFL iBT, PTE Academic or Cambridge English: Advanced (CAE) tests for Temporary Work (Skilled) (subclass 457) visas as evidence of English language ability.”

Here are the English Score Equivalencies in a Table

*From 1 January 2015 and only for a Cambridge English: Advanced (CAE) test taken on or after 1 January 2015.

Sources:

DIBP website:

http://www.immi.gov.au/News/Pages/aelt.aspx 

Warning:

 This information is accurate on the 24 November 2014.  State/Territory Bodies 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 with  Australia Migration?

At Work Visa Lawyers we are experience 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      This email address is being protected from spambots. You need JavaScript enabled to view it.

Why are Partner Visas Number one for Christmas?

Every year I notice that in the weeks leading up to Christmas there is a dramatic rise in the number of visa enquiries about Partner Visas. 

There may be a number of reasons for this and here are some of my explanations:

With the warmer weather and festive season, love may be in the air. 

·         It is common for WHV holders  to meet someone special that is an Australian Citizen or Permanent Resident, and to consider lodging a Partner Visa onshore. Working Holiday Visas holders often arrived in Australia in summer and often their visas are nearing expiry late in the year.  On the 30 June 2014, between the Work and Holiday Visa (462) and the Working Holiday Visa (417), there was a total number of 151,201 visa holders. 

·         Student visa holders often have a visa expiry date of the 15 March and so in December they may be considering their next visa, which if they are in a relationship with an Australian Citizen or Permanent Resident, may be a Partner Visa.

·         It could be that the approaching end of the year means that people start planning or the next year and a Partner visa may feature in the planning. 

Whatever the reason, if you are interested in applying for a Partner visa, or in being a sponsor for a Partner visa, then the following information may be useful.

Which Partner Visa should I you apply for?

Which one is best, depends a lot on your situation.

There are three main options in terms for partner visas.

·         Partner Visa Onshore

·         Partner Visa Offshore

·         Fiancé Visa (Prospective Marriage Visa)

The Partner Criteria are also very relevant if you are adding a partner to an existing visa.  When adding a Partner, the key difference, is that the application is based on one of the partners holding a relevant visa, and not on one of the partners being an Australian Citizen or permanent resident.   The common criteria of a spouse relationship – a continuing and genuine relationship to the exclusion of others, will apply.

I will provide some information on these various options.

Partner Visa Onshore – Temporary and Permanent

All partner visas must have a sponsor and a primary visa applicant. The sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen that is in a relationship with the primary visa applicant.

The primary visa applicant must be in a relationship with the sponsor.

To qualify for a partner visa you must be in a married or de facto relationship:

•        The marriage must be recognised under Australian law or;
•        The de facto relationship must have existed for 12 months prior to applying, unless you be able to show that compelling and compassionate circumstance apply. De facto relationships include same-sex relationships.

In some states and territories it is possible to register a relationship which can then mean the 12 months de facto requirement does not need to be met. 

You must be able to provide evidence to support the genuine and continuing nature of your relationship including:

·         Financial evidence supporting your mutual commitment to your partner.

·         Social and public nature of the relationship.

·         Evidence detailing your mutual and exclusive commitment to each other. Factors considered by the Department include the time spent living together and the length of the relationship.

The visa application can include dependent children and may be able to include dependent relatives.

Partner visas are usually a two staged process. You must first apply for a temporary (provisional) Partner visa, which allows you to travel to and live in Australia.

If you meet criteria including the relationship continuing two years after being granted the provisional visa, then you may be able to receive a permanent Partner visa.

In some circumstances, you may receive a permanent Partner visa straight away, such as when the relationship has been ongoing for several years or more, or when there are children of the relationship.

Partner Visa Offshore – Temporary and Permanent

The criteria are the same as for the onshore, as explained above.

The difference is that the application must be lodged offshore, at the closest Australian Embassy and the applicant must also be outside of Australia at the time of decision.

This type of visa is suitable for situations including:

·         The applicant is from a high risk country (by DIBP standards) and it is difficult or impossible to get a visitor visa to Australia.

·         The applicant has a visitor visa for Australia, but it has a ‘No Further Stay’ condition, which prevents an application from being lodged in Australia.

·         The applicant has a job outside of Australia and wants to be able to keep working in their job up until the time of a decision on the visa application.  In some circumstance it may be difficult to get an Australian visa with work rights prior to the partner visa being granted.

·         The visa applicant’s last Australian visa application which was lodged in Australia and was refused, and this has meant that schedule three criteria will apply to an onshore partner application, meaning an offshore application will be more attractive.

Fiancé Visa (Prospective Marriage Visa)

This visa allows a visa applicant to come to Australia and marry their sponsor within the required timeframe.

The sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen that is in a relationship with the visa applicant.

The primary visa applicant must be in a spouse relationship with the sponsor.

You must be able to provide evidence to support the genuine and continuing nature of your relationship including:

·         Financial evidence supporting their mutual commitment to your partner.

·         Social and public nature of the relationship.

·         Evidence detailing your mutual and exclusive commitment to each other.

·         Evidence of an intention to marry, including details regarding the planned marriage.

For a Fiancé visa the level of evidence required in relation to your relationship may not be as not high as it is for a Partner temporary or permanent visa.

This visa is often appropriate where it is not possible, or not culturally appropriate, for you to live together with your spouse for an extended period prior to marriage.

The sponsor and applicant are required to get married within nine months of the Fiancé visa grant.

Following the marriage you will have to apply for a Partner visa to allow you to continue to live in Australia.

Adding a Partner to Your Current Australian Visa?

Some Australian visas allow you to add your partner and dependent children. For example, this is possible for a temporary worker on a subclass 457 visa.

Partner Visa Refusals and appeals to MRT

Partner visa refusals can be reviewed by the Migration Review Tribunal (MRT).

We are able to assist you with the process.

Based in Adelaide South Australia, Immigration Lawyer and Migration Agent Chris Johnston provides migration advice to people and businesses from all over the world.

Warning -This information is accurate on the 22 November 2014.  

DIBP and can change requirements in an ongoing manner and all current requirements must be established prior to lodging a skills assessment or visa application.

Sources:

http://www.immi.gov.au/media/statistics/pdf/working-holiday-report-jun14.pdf

Do you Need Help with a Partner Application or Appeal?

If you require further information or assistance in relation to a Partner visa, adding a partner to a or an appeal of an partner visa refusal to the MRT, we can help you.

Contact us on (08) 7225 5091 or +61 8 7225 5091

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

Spain and Portugal have been added to the Australian Work and Holiday Visa

In a recent legislative announcement, Spain and Portugal are also added to the list of countries for Australian Work and Holiday visa arrangements. 

The full list of countries that can get the work and holiday one year visa is now:

Argentina, Bangladesh, Chile, Indonesia, Iran, Malaysia, Poland, Portugal, Spain, Thailand, Turkey, United States of America and Uruguay.

This Instrument (Legislative Instrument - IMMI 14/098 - F2014L01498) specifies:

• the countries with SC 462 Work and Holiday visa arrangements,  
• the passport the applicant must hold, 
• addresses and foreign countries to lodge applications,
• the educational qualifications applicable to each country.

 What does the Work and Holiday Visa offer?

The visa is for young people who want to holiday and work in Australia for up to a year.  Applicants must be at least 18 but have not turned 31 years of age at the time of lodging an application.

The visa allows the following:

• stay in Australia for up to 12 months
• work in Australia for up to six months with each employer
• study for up to four months
• leave and re-enter Australia any number of times while the visa is valid

Big Numbers of people are enjoying the flexibility of the work/holiday visas!

You should also be aware that the Work and Holiday (subclass 462) Visa is different to the Working Holiday Visa (subclass 417). 

There is a separate list of acceptable countries for the Work and Holiday Visa subclass 417.

The combined effect of the two work and holiday visas, is that there are huge numbers of young people travelling to Australia to live and work for up to a year.

On the 30 June 2014, between the Work and Holiday Visa (462) and the Working Holiday Visa (417), there was a total number of 151,201 visa holders. 

The breakdown of visa holders was:

- The number of Working Holiday Visa (417) holders on 30 June 2014 was 145,194.

- There number of Working Holiday Visa (462) holders was 6007.

A flow on effect from the rise in work/holiday visas is that there is also rising numbers of Onshore Partner visa applications.  As Lenny would say, ‘let love rule’.

Warning:

This information is accurate on the 17 November 2014. 

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

Sources:

MIA

http://www.comlaw.gov.au/Details/F2014L01498/Download

http://www.immi.gov.au/media/statistics/pdf/working-holiday-report-jun14.pdf

Do You Need Help in Relation to Australian Visas?

If you require further information regarding Australian visa options you contact our offices on:

 (08) 7225 5091 or +61 8 7225 5091  

or

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

Map of Australia in Breakfast this morning!

When I was making breakfast for my son this morning, yogurt and strawberry Jam, the Jam made the shape of Australia.

I had to add Tasmania, so that they did not feel like they were missing out. 

I am interpreting this as a positive Sign.

Is this a Sign? Any fortune tellers out there?

457 Visa - Review and Planned changes to the work visa program - Minister Michaela Cash speech to MIA  

Minister Michaela Cash comments on review and planned changes to the 457 visa program in speech  to the Migration Institute of Australia conference on 31 October 2014, stating following:

“Extensive review of the 457 programme

As you know, Government regulatory activity can significantly impact business and Australia's reputation for doing business - in either a positive or negative manner.

And migration policy is one of the suite of regulatory levers available to Government to enhance our social and economic wellbeing.

The 457 programme continues to make a valuable contribution to Australia's economy and society.

The Abbott Government's migration programme and immigration policies serve to support employers in addressing skill shortages, grow productivity, create jobs for all Australians and keep Australia secure through well managed border controls and integrity in visa programmes. 

To ensure we remain an economically strong and competitive nation, it is critical that appropriate migration policies are implemented to provide us with a workforce that is capable of ensuring Australia's strong growth and continued economic success into the future.

Australia has one of the most well managed skilled migration programmes amongst developed countries. 

This Government recognises that our skilled migration programme must be run in the national interest.

It recognises the need for Australian business and industry to access a wide range of specialist competencies, skills, futuristic ideas and technology from overseas in order to be competitive and continue to grow in an increasingly global economy. 

The skilled migration programme helps to build economic growth by attracting the best and brightest migrants to address skills shortages, prevent labour force decline and improve our declining worker-to-retiree ratio.

Skilled migration fills genuine skills shortages with skilled migrants who complement, and do not displace, Australian workers.

Where an Australian worker with the right skills is available, this person is the right choice. However, if an Australian worker with the right skills is not available, the process for employing an overseas worker should be streamlined, efficient, transparent and robust.  

It is critical that future changes to the 457 programme are based on evidence and analysis.

This is why I announced an independent review earlier this year to ensure that the programme continues to respond to economic conditions in order to facilitate the entry of globally skilled persons to address skills shortages in the local labour market.

You would be aware that the final report for the independent review, titled, Robust New Foundations, was released by Minister Morrison in September and is currently available on the Department's website.

It is clear from reading the report that the recommendations are formed as a result of extensive consultations and considered discussions with stakeholders.

The panel met with more than 150 stakeholder groups across the country including with representatives from the MIA in early May.

The panel also invited public submissions and received nearly 200 responses from a variety of stakeholders, including a very comprehensive submission from the MIA.

The panel found no evidence to support claims of widespread rorting of the 457 programme, and identified a number of reforms that will improve the 457 programme. The report's 22 recommendations will make it easier for businesses to access skilled workers where there is a genuine need, and ensure a robust integrity framework is in place for the future of the 457 programme. Some of the key reforms from the panel's report were announced as part of the Industry, Innovation and Investment Competitiveness Agenda earlier this month.

These reforms include:

• simplifying sponsorship requirements for employers to reduce the time and cost involved for business;
• increasing the sponsorship approval period for start-up businesses for 12 to 18 months;
• streamlining the processes of sponsorship, nomination and visa applications to reward low risk applicants and re-focus compliance and monitoring activities on high risk applicants;
• providing greater flexibility in relation English language testing and skill requirements for 457 applicants; and
• retaining the current Temporary Skilled Migration Income Threshold at $53, 900.

Reforms such as these highlight the Government's work to create conditions for business to prosper by supporting growth and removing unnecessary regulation.

These changes to the programme demonstrate our commitment to evidence based productivity reform and I will be able to provide you with further information on a timeframe for implementation and a fulsome Government response to the report, in the coming months.”

Sources:

Migration Institute of Australia

News release by Senator the Hon. Michaelia Cash:

http://www.minister.immi.gov.au/media/mc/2014/mc218908.htm

Warning -This information is accurate on the 06 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.

Contact us on (08) 7225 5091 or +61 8 7225 5091

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

Accountant Skills Assessment for Australian Migration- New English Tests TOEFL and PTE Academic are now acceptable  

The Institute of Chartered Accountants Australia announced the following on the 31 October 2014:

“English language requirements

From 1 November 2014 we will be recognising the following programs or tests as meeting the English language requirement for the specific types of assessments we undertake.

IELTS

PTE Academic 

TOEFL iBT

Minimum scores of each of the components will need to be achieved and are listed below:

Permanent residency

Temporary Visa Subclass 485

There are no exemptions for any criteria for migration purposes. All applicant’s will be assessed against the same assessing criteria, including the English language requirement.  You will need to ensure that you meet the English language requirement as listed above.”

Sources:

The Institute of Chartered Accountants Australia website:

http://www.charteredaccountants.com.au/The-Institute/Migration-assessment/About-migration-assessment.aspx

Warning:

 This information is accurate on the 05 November 2014.  State/Territory Bodies 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 with  Australia Migration?

At Work Visa Lawyers we are experience 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     This email address is being protected from spambots. You need JavaScript enabled to view it.

Employer in Regional SA looking for Cabinet Maker with positive TRA skills assessment for migration purposes and good English.

Must be willing to live in Mt Gambia and have intention of staying in the job for an exended period. 

The employer would consider sponsorship for 457 or Australian PR visa  

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

We will be at the South Australian Korean Culture and Food Festival this Saturday 8 November

Work visa Lawyers will have a stall at the South Australian Korean Culture and Food Festival where we will meet and chat with anyone who is at the Festival.  Last year we enjoyed the Festival, meeting with people, answering migration questions and eating the delicisious food.   So we are back again this year.  The photo above is our display from the 2013 festival. 

Chris Johnston the founder of Work Visa Lawyer and Christine Lee, an experienced Registered Migration Agent and Korean native speaker, will be attending.  

Christine has been writing articles on migration requirements and changes in Raon Korean Magazine.

She has developed strong relationships with the Korean Community and looks forward to catching up with everyone.

Here is Christine’s full profile:

www.workvisalawyers.com.au/our-people.html

The Korean Festival is on the same day as the Christmas Pageant and so it is great day for anyone in the city to enjoy the event with some great and to catch up with us.

10th Korean Culture and Food Festival – Event Details

The 10th Korean Cultural and Food Festival will be held at Rundle Park (Corner North and East Terrace) Adelaide on the same day as Credit Union Christmas Pageant.

The event is designed to unite growing Korean community in South Australia as well as sharing our rich culture and food with other South Australian communities.

It will be a celebration of the development of social, cultural and economic trading relations between South Australia and South Korean communities.

It is the family-friendly festival, which provides free fun activities for children, Korean food stalls and cultural performances.

When:   Nov 8 2014 
Where:Rundle Park Adelaide 
Time(s):10am – 4pm

Cost Details: - Free

Venue Details: Rundle Park
Address: Corner North and East Terrace-

See more at: http://www.adelaidecitycouncil.com/whats-on/event/10th-korean-culture-and-food-festival#sthash.dpypZmAT.dpuf

We Hope to catch up with you at the Korean Fair, but if you cannot make it the then you can Contact Our Office?

At Work Visa Lawyers we are experience in assisting applicants with skills assessments, visa applications and appeals.

If you require further information regarding an application or your Australian visa optionsyou 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.

Time of Publication:

This information is accurate on the 02 October 2014. 

Sources:

www.adelaidecitycouncil.com/whats-on/event/10th-korean-culture-and-food-festival

Five tips for the IELTS test by English tutor Fran Reid.

1.      Know what the examiners want for each section of the test.

Each section of the test is marked according to certain criteria, knowing what the examiner is looking for will help you to target your responses.

2.      Speak, listen, read and write English as much as possible.

‘Using’ English in your everyday life will improve your confidence in using English in a relaxed way.

3.      Practice the test on a regular basis.

Practice gives you a feel for the timing of the test and increases your self confidence by giving you a realistic idea of your English capabilities.

         4.   Manage your time so you have a quiet space for practice.

Make sure you are in a good position to prepare for the test. Work and family responsibilities often get in the way of studies so plan for this study period.

5.      Engage a tutor or not?

Taking IELTS preparation classes provides you with a controlled environment where a tutor will monitor your work and give you feedback to help you understand where you need to improve.

Do You Need Help with the IELTS Test?

At MarketPlaceEnglish I assist people with the IELTS Test using authentic practice materials and providing constructive feedback.

I am a qualified and experienced tutor having helped hundreds of people gain their desired band score.

I provide English tuition in the city of Adelaide in South Australia.

If I can be of assistance or you require further information and would like to make a booking please contact Frances on:

Phone: 042 117 8286

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

New Work and Holiday visa arrangement signed by Australia and Israel

From the DIBP news blog on posted on October 24, 2014:

“Australia and Israel signed a reciprocal Work and Holiday visa (subclass 462) arrangement on 22 October 2014.

Soon young adults, aged 18–30 years, from Australia and Israel will be able to experience a once in a lifetime opportunity to play, work and study in each other’s country for up to 12 months. There will be 500 places on offer for each country per programme year.

Once a start date has been determined for this visa programme, eligible young adults from both countries will be able to apply for this visa. This process can take some time, however, we will announce the start date on our website and social media channels.”

Other Developments in Work and Holiday Visas (462):

A similar announcement was made in May 2014 that 500 Work and Holiday Visas (462) were going to be made available to Greeks:

 http://www.workvisalawyers.com.au/news/tags/greek.html

Comments by Chris Johnston, Lawyer and Registered Migration Agent:

This is exciting news, presenting an opportunity for a limited number of young people from Israel.  I predict that the number of 500 will be much lower than the demand for this visa, so when the visa is opened, better apply fast.

Warning:

This information is accurate on the 29 October 2014. 

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

Sources:

http://www.immi.gov.au/News/Pages/australia-israel-sign-work-holiday-visa-agreement.aspx

Do You Need Help in Relation to Making the transition from a Working Holiday Australian Visas?

We have many people apply make the transition from Working Holiday visas to other Australian Visas.  Common target visas include:

·          457 work visa if the applicant has relevant skills to an occupation on the CSOL and an employer to sponsors them or

·         Partner Visa if the applicant has is in a serious relationship with an Australian Citizens or Permanent Resident.

If you require further information regarding Australian visa options you contact our offices on:

 (08) 7225 5091 or +61 8 7225 5091  

or

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