Chefs, bricklayers and tilers to be able to apply for Australian independent visas and also family sponsored 489

It has been reported in the Australian on the 7 June 2014, that the occupations of Chef, bricklayer and tilers will be made available for independent migration without an employer.

This change means that the above occupations will be listed on the SOL from the 1 July 2014, and be able to apply for the Skilled Independent visa (subclass 189).  This means that the applicant will no longer need an employer sponsor, such as for a ENS or RSMS, or a state sponsor, such as for the 190 and 489.

This does sound like great news, but there are some details to consider:

- The chef, bricklayer or tiler will need a positive skills assessment from the relevant skills assessing authority.  Obtaining a skills assessment can be time consuming and expensive.

- The occupation of Chef, is not the occupation of cook.  To gain a skills assessment as a Chef, the applicant must have skills and experience over and above that of a cook.

- To be able to apply for a 189, the applicant must be able to meet all the pre-requisites and to achieve at least 60 points in the points test.

Addition to SOL opens way to Family Sponsored 498 as well!

Another big positive in relation to the addition of the occupations of Chef, bricklayer and tilers to the SOL, is that It opens the occupations up to the Family Sponsored 489.  Family sponsorships for the 489 is only available to occupations on SOL – skilled occupation list..

Changes to the SOL from 1 July 2014 – some occupations may be removed

It is positive news when occupations are added to the SOL.  However, there will most likely also be occupations removed from the 1 July 2014.  This may impact negatively on people in the  occupations removed from the SOL.

Occupations to be removed from the SOL have not yet been announced.

Warning: This information is accurate on the 10 June 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.businessinsider.com.au/foreign-chefs-bricklayers-and-tilers-can-now-gain-permanent-visas-without-employer-sponsorship-2014-6

http://www.theaustralian.com.au/national-affairs/policy/coalition-opens-way-for-foreign-chefs-brickies/story-fn59noo3-1226946439974

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End of Australian Migration Program year on 30 June 2014 may effect visa criteria and eligibility

The migration program year runs with the financial year, from 1 July 2013 to the 30 June 2014.

When the new Australian migration program year starts from the 1 July 2014, the some of following things may happen:

- Visa charges for visa applications can be raised by DIBP.

-The TSMIT which applies to 457 visa holders may be raised from the current level of $53,900.00

- Changes to visa criteria can be implemented.  This could be beneficial making creating opportunities for some, but call also make some people ineligible for visas they previously could apply for.

Opportunities from the new Program year starting 1 July 2014

The state and territory sponsored lists for subclasses 190 and 489 for various states often have occupations that reach their allocation limits prior to the end of the migration program year. 

With the start of a new migration program year, their may be greater nomination possibilities for occupations that are currently quite restricted such as: Enrolled Nurses and ICT professionals.

At the Federal level, New occupational ceilings will be release for 189, 190 and 489 visas by DIBP for occupations including:

• Chemical and Materials Engineers
• Electronics Engineers
• Other Engineering Professionals
• ICT Business and Systems Analysts
• Software and Applications Programmers
• Telecommunications Engineering Professionals.

So what should I do?

If you currently qualify for an Australian visa, you may want to consider applying for the visa prior to the 1 July 2014.  This way you may avoid fee rises and also may get in before any changes which could may you ineligible or add extra expense.

More news:

For more news on the migration program for 1 July 2014 to 30 June 2015 see:

http://www.workvisalawyers.com.au/news/entry/australia-has-a-continued-commitment-to-skilled-migration-while-some-family-migration-visas-are-axed.html

Warning: This information is accurate on the 07 June 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/Work/Pages/SkillSelect/SkillSelect.aspx

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In the Australian Federal Budget released on the 13 May 2014, the following measures are announced:

“The Government will achieve savings of $305.2 million (including a reduction in revenue of $112.9 million) over five years, by modifying the size and composition of the 2014‑15 Migration Programme.

The 2014‑15 Migration Programme will have 190,000 places and maintain the composition of 128,550 Skilled Stream places, 60,885 Family Stream places and 565 Special Eligibility Stream places.

The Skilled Stream will continue to focus on Australia's longer term skills needs, including addressing skills shortages in regional Australia.

The Family Stream will refocus on meeting the increasing demand for close family reunions. The additional partner and child places will be made available as a result of the cessation of new applications from the other family and parent (non‑contributory) places. This cessation will also enable faster processing of existing applications.”

The Government’s press release:

In a press release from Scott Morrison MP, the Minister for Immigration and Border Protection, the Budget was described with the following title: “Boosting the economy through Australia's migration programme”:

'With the reprioritisation towards employer-sponsored visas, employers will be assisted in finding workers to fill vital positions where they have been unable to find local workers. This also protects Australian workers, who will have less direct competition from independent migrants who arrive without a guaranteed job.”

The Ceasing of the following Family visas as part of new measures:

The following  visas have been ceased from the 2 June 2014:

Parent -Subclass -Subclass 103; Aged Parent- Subclass 804

Aged Dependent Relative - Subclass 114

Aged Dependent Relative -Subclass 838.

Remaining Relative- Subclass 115

Remaining Relative -Subclass 835

Carer-Subclass –Subclass 116

Carer - Subclass 836

This is consistent with the focus on Skilled Visas announced in the budget above.

Warning: This information is accurate on the 04 June 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.budget.gov.au/2014-15/content/bp2/html/bp2_expense-16.htm

http://www.minister.immi.gov.au/media/sm/2014/sm214434.htm

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It has recently been announced that the Parent, Remaining Relative, Aged Dependent Relative & Carer visas will be ceased on 2 June 2014.

This is following on from the Australian Budget in which it was stated that the Australian government would be ceasing lodgement of new applications under the Other Family and Non-Contributory Parent visas will take place prior to the start of the 2014-15 programme year.

The visas which will be ceasing, based on the Federal Government announcement, are the following classes:

Parent -Subclass -Subclass 103

Aged Parent- Subclass 804

Aged Dependent Relative - Subclass 114

Aged Dependent Relative -Subclass 838.

Remaining Relative- Subclass 115

Remaining Relative -Subclass 835

Carer-Subclass –Subclass 116

Carer - Subclass 836

Comment from Chris Johnston:  This is consistent with the Australian Federal Government having a focus on skilled migration.

I have previously commented on measures such as charging an application fee for each family member, being effectively anti-family.

http://www.workvisalawyers.com.au/news/entry/new-anti-family-australian-visa-application-charges-to-be-introduced-1-july-2013.html

The recent changes could also been seen as anti-family.

Warning:This information is accurate on the 01 June 2014. 

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

Sources: Migration Institute of Australia

Migration Amendment (Repeal of Certain Visa Classes) Regulation 2014 - Select Legislative Instrument No. 65, 2014

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Australia signs work and holiday visa agreement with Greece

A joint media release from Scott Morrison MP, Minister for Immigration and Border Protection and Senator the Michaelia Cash, Assistant Minister for Immigration and Border Protection provides the following:

“Young people from Australia and Greece are a step closer to having the opportunity to visit and work in each other's countries, with the signing of a reciprocal work and holiday visa arrangement today.

Minister for Immigration and Border Protection, the Hon Scott Morrison, said the signing of the agreement was testament to the close and positive relationship between the two countries.

'This arrangement, when brought into effect, will enable up to 500 young adults from Greece and 500 young adults from Australia to enjoy a holiday in each other's country, during which they may engage in short-term work and study,' Minister Morrison said.

The one-year work and holiday visa differs from a working holiday visa as it requires applicants to have the support of their government, hold or be studying towards tertiary qualifications and to speak functional English.

Assistant Minister for Immigration and Border Protection, Senator Michaelia Cash, said over the coming months, both countries would be working closely together to implement the necessary legal and administrative processes to bring this visa into effect.

'As well as creating an exciting opportunity for young people in both countries to experience life abroad, this arrangement will further enhance the cultural and economic links between the two countries,' Minister Cash said.

Comments by Chris Johnston, Lawyer and Registered Migration Agent:

This is exciting news, presenting an opportunity for a limited number of young Greeks.  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 25 May 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.minister.immi.gov.au/media/sm/2014/sm214473.htm

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Senator Michaelia Cash, Assistant Minister for Immigration and Border Protection has recently announced the introduction of addition acceptable English tests from November 2014.  In addition to the currently accepted tests, of IELTS and OET, the following tests will be accepted:

• - Test of English Language as a Foreign Language internet-based test (TOEFL iBT) 

• - Pearson Test of English Academic
•  

Here is the full announcement from Senator Michaelia Cash:

“Visa applicants will have more choice in English language testing with the addition of more test options for temporary graduate, skilled, work and holiday, and former resident visas, Assistant Minister for Immigration and Border Protection, Senator the Hon Senator Michaelia Cash, said today.

The changes, which come into effect in November, are in line with the department's focus on increasing competition in the English language testing market for visas.

'Applicants who need to provide the Department of Immigration and Border Protection with an English language test score as evidence of their English ability will be able to choose from two additional tests,' Minister Cash said.

These tests are theTest of English Language as a Foreign Languageinternet-based test (TOEFL iBT) and thePearson Test of English Academic.

Minister Cash said increasing the number of English language tests accepted by the department will provide greater choice for visa applicants and address any possible shortages in the number of places available to sit the test.

'The department expects to also receive test scores from theCambridge English: Advanced (CAE)test across visa programmes from early 2015, further expanding the English language test market,' the Minister said.

The TOEFL iBT, Pearson and Cambridge tests have been accepted in the student visa programme since 2011.

Applicants planning to take an English language test before lodging their expression of interest or visa application from November 2014 can visit the department's website for more information about minimum test score requirements and upcoming updates.

Further Details on Scores that will be required

The DIBP has provided the following chart with details test score equivalencies for all English language tests accepted by the department from November 2014:

Warning:

This information is accurate on the 25 May 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.minister.immi.gov.au/media/mc/2014/mc214807.htm

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

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Immigration SA has released the following information about State Nomination of provisional visa holders for the permanent subclass 190:

“Permanent state nomination for South Australian provisional visa holders

From 14 May until 15 June 2014, people who hold a South Australian state nominated provisional visa (subclass 489, 475, 487 and 495 only), who are living and working in the state can apply for a 190 - Skilled Nominated Permanent visa through Immigration South Australia. 

This trial program enables people who have already secured a provisional state nominated visa to apply for a permanent visa through the same program.  

State nominated applications made under this program will be priority processed.  The program will run from 14 May until 15 June 2014 or until the nomination quota has been reached.  

Not sure if this pathway is right for you?

Find out more about the benefits of permanent residency including access to Medicare and local study fees plus many more.  And read about the features and requirements of the 190 – Skilled Nominated visa.”

Source:

Immigration SA

http://us5.campaign-archive1.com/?u=a69011c047c7d5d323942b5d4&id=d0e5e58c18&e=1e56c72cf8

This information is accurate on the 14 May 2014.  Immigration SA will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Need Help?

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.

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

 (08) 7225 5091 or +61 8 7225 5091  

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Immigration SA has released the following information about RSMS Regional Certifying Applications:

“Change in procedures for incomplete applications

The RCB receives many applications that are either incomplete or in which insufficient information or evidence has been supplied.

From 8 May 2014, any incomplete applications will be deemed invalid. The employer or migration agent will then need to submit another application for RCB advice and ensure all relevant information is included. This is being implemented in the interest of providing RCB advice more efficiently and with the goal of improving processing times.

…

Hints for completing an eligible application

Applications requiring three or more clarifications about missing or incomplete content will be declared invalid.
 
Documents emailed separately or attached to the RCB will not be assessed. All information must be contained within the RCB application.
 
If the RCB requests additional information, it must be supplied within 14 calendar days. If needed, an extension of 14 calendar days can be requested (by email) but this request must be received before the initial RCB deadline.
 
The employer’s ABN or business registration details must match those recorded on the Australian Business Register.
 
Migration agent details can be verified on the Migration Agents Registration Authority (MARA) website using the MARA number provided.
 
Some questions in the application form require lengthy responses. These responses should be between 200 and 500 words. Non-descriptive responses or attachments will not be accepted.   
 
Organisational charts must include all positions and titles in the business, the employment status (full-time, part-time or casual) of all positions and reporting lines. The nominated position should be clearly marked.

The application should include a valid employment contract signed and dated by the employer and nominee, and outlining the employment conditions, superannuation and entitlements.
 
Recruitment activities must have been undertaken within the last 12 months unless the nominated occupation is listed on the South Australian RCB Occupation List or you meet the recruitment exemption criteria. Please include details of recruitment activities, including names of newspapers or websites used to advertise the job, duration of advertisement and the number of people shortlisted and interviewed.
 
If you wish to access a recruitment exemption, evidence must be supplied that the employer is a current DIBP approved 457 sponsor, as well as payslips or the employment contract of the nominee to demonstrate employment in the nominated position for at least 12 months.”
 
If there are no Australian workers undertaking an equivalent position in the business, application should include market research (within the past 12 months) to identify the current market salary rate for the position and describe how the research was undertaken. “

Source: Immigration SA

http://us5.campaign-archive1.com/?u=a69011c047c7d5d323942b5d4&id=2b2e4fa0c1&e=1e56c72cf8

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

Need Help?

At Work Visa Lawyers we are experience in assisting employer and applicants with the RSMS process.

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

 (08) 7225 5091 or +61 8 7225 5091  

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This is an interesting article contrasting Australia’s ranking on social and economic indicators which is very high and the perceptions of Australian’s in relation to life in Australia, which is lower:

http://www.theguardian.com/business/grogonomics/2014/apr/21/australia-has-it-pretty-damn-good-so-why-arent-we-cheering

MRT waiting times are dropping fast

The Migration Institure of Australia, the peak migration industry body, has released the following information from the April April MRT RRT Community Liaison:

“The MRT and RRT Tribunals report they have made a record 2,516 decisions in March 2014, this brings the total number of decisions to 18,858 to the end of March, representing a 46% increase compared with the same period last year.”

The increase in decisions made by the MRT and RRT means that the waiting times for those who have lodged a MRT will be much shorter.

Comment by Chris Johnston, Migration Lawyer and Registered Migration Agent: 

I can comment based on my recent professional experience, as a Migration Lawyer assisting a number of review applicant’s who have recently been allocated hearing dates.  Some times these allocations are up to a year earlier than expected.

Be warned - The current average processing times on the MRT site, are based on previous allocations, and may be much longer than the MRT is currently taking.

So this raises the question:

If you have lodged with the MRT, are you prepared for a hearing?

Have you or your Representative sent in a comprehensive submission to the MRT, providing reasons as to why your review should be successful?

It is my professional opinion, that you increase the chances of success at the MRT or RRT, if you provide a well prepared submission to the MRT or RRT decision maker, before the hearing takes place.

What you need to be get ready to supply to the MRT to improve your chances!

For Partner application MRT reviews – the review applicant’s should have been collecting ongoing evidence of the genuine relationship, and this should be submitted to the MRT.

For Employer Sponsored MRT review based on the business or nominated position – this could be for the 457 or RSM or ENS  - the review applicant will need evidence that the business continues to actively operate and still has a need for the position.

For Employer Sponsored MRT review based on the visa applicant’s skills, experience and English Skills – you will need to have your references to prove skills and relevant IELTS at the required level, ready to send to the MRT.

As a general observation – for any MRTs relying on suppling higher IELTS – you should be aiming to achieve the test result as soon as possible, in case your MRT hearing is given a date soon.

With the increase in MRT decisions, it is a good idea to start preparing for a hearing.

Sources:

The Migration Institute of Australia

The MRT:

http://www.mrt-rrt.gov.au/Apply-for-review/Processing-times.aspx

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