Here are some of the changes introduced from the 1 July 2013 that are important to 457 visa applicants:

English Requirements now more difficult for many

English levels of Functional English must now be proved for all levels of occupations nominated from the CSOL:

-      an International English Language Testing System (IELTS) test score of at least 5 in each of the four test components of speaking, reading, writing and listening, or

-      a score of at least 'B' in each of the four components of an Occupational English Test (OET).

Prior to 1 July, the requiements only applied to trade level position such as cook, baker and mechanic.  Now the apply to all positions on the CSOL, nominated for a 457. For example, now Civil and Mechanical Engineers, Marketing Specialists and Software Engineers.

TSMIT Up

TSMIT is now $53,900 and all nominations must be paid TSMIT or higher.  Please note, that Market Salary is also a relevant guide for the amount to be paid to the nominated position.

Market Salary Exemption Up

Market Salary – the exemption from Market Salary requirements has been increased from $180,000 to $250,000.

More Discretion to Refuse based on Skills and Qualifications

The Department has strengthen the skills requirements for Subclass 457 visas by requiring the Subclass 457 visa applicant to have the skills, qualifications and employment background that the Minister considers necessary to perform the tasks of the nominated occupation.

In my opinion this will help make the Department feel more comfortable in refusing an application without requesting further information.

Genuine Test – More discretion to refuse

Introduction of a ‘genuineness test’ to be conducted by departmental officers to ensure that the position associated with the nominated occupation is genuinely required to address skills shortages in Australia.

Condition Requiring Licencing Post Grant

457 visa holders must seek to obtain any mandatory registration, licence or membership for their occupation within 28 days.  The licensing requirement will effect occupations such as electricians.

All Electronic Lodgement

All applications for standard business sponsorship, approval of nominations and Subclass 457 (Temporary Work (Skilled)) visas to be lodged electronically.  The backup system to this is said to be lodgement by email. My comment, this sounds like it could be a real mess when the system crashes, like it does the last day of the program year almost every year late June.

Workers have more time to find another sponsor after ending employment

Workers have been given more time to find another sponsor after ceasing employment.  This time have been extended from 28 days to 90 days.

Fees Up

457 Sponsorship remains the same at $420

457 Nomination from $85 to $330.

457 Visa applicant – primary applicant now termed base applicant from $455 to $900

457 Visa applicant, secondary applicant over age of 18 from $0 to $900

457 Visa applicant, secondary aged under 18, from $0 to $225

New fee - Subsequent temporary application fee will apply in some circumstances, $700 per applicant.

Refer to this blog for an example of 457 fee costs post 1 July 2013.

http://www.workvisalawyers.com.au/news/entry/explanation-of-new-australian-visa-charges-system-based-on-number-of-applicants-and-the-new-subsequent-temporary-application-charge.html

Source: DIAC website

http://www.immi.gov.au/skilled/changes-457-program.htm

Need Help?

If you require further information regarding a 457 application or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091  

This information isaccurate on the 30 July 2013.  DIAC will changes visa requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

From the 1 July 2013 there will be some changes to the total cost of applying for a visa for Australia. The major changes are:

• The Visa Application Charge (VAC) for the main applicant has increased for some visas.

• There is now a fee for each dependent applicant.

• If there is the option to lodge your visa over the internet and you choose not to lodge this way, you may be charged a fee of $80.

• There is a new fee called the Subsequent Temporary Application Charge which is $700. You may be charged this fee if you are applying for a temporary residency visa listed in Table 1 AND you have previously applied for one of the temporary visas listed on Table 2.  Refer to tables listed at page 4 of this link.

http://www.immi.gov.au/fees-charges/_pdf/visa-pricing-table.pdf

 If this fee is applicable in your situation, then it needs to be paid by each individual in the visa application. You will not be charged this fee if you are applying for a temporary visa from outside Australia, or if this is the first time you are applying for a temporary visa in Australia. This fee does not apply to bridging visas or permanent visas.

Here are three examples of how the new fees are calculated:

Example 1: Application for a subclass 190 skilled – nominated visa for a family with two adults and two children (under 18 years old).

If an applicant over 18 does not have function English a second instalment fee of $4250 will also be charged.

Example 2: Application for a subclass 457 temporary work visa for a couple who are both over 18 years old. This couple are currently holding 457 visas that they applied for in Australia. 

They are therefore required to pay the subsequent temporary application fee for each application.

Example 3: Application for a subclass 820/801 partner visa for an adult and one child under 18 years old.

Need Help?

If you require further information regarding Australian Visa application charges or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091  

This information is accurate on the 6 July 2013.  DIAC will change visa charges regularly and you will need to check the current charges prior to lodging an application. 

If you are a recent accounting graduates from Australian Institutes with IELTS 7.0 in each band, no worries. You might be eligible for an Independent subclass 189 visa and  not need extra point from Nomination by Territory or State Government.

However, if you only have IELTS 6.0 in each band and had to do 12 months professional year, then you might need extra points from State Nomination.

New South Wales State Government is the only State that accepts Nomination application for subclass 190 and 489 with an occupation of General Accountant and IELTS 6.0 as at 4^nd July 2013.

The NSW Government nominates a limited number of skilled applicants annually.

Successful applicants must meet DIAC's basic requirements for the 190 and 489 visa in an occupation that is on NSW's State Migration Plan.

Basic requirements include that the applicant must:

• Be younger than 50 years of age when invited to apply
• General Accountant is listed on NSW State Nomination Plan for 190 and 489 (only limited areas)
• Positive skill assessment from relevant assessing authority
• Have at least competent English (IELTS 6 in each category)
• Score at least 60 on the points test
• - Subclass 190 (including 5 points for State nomination)
• - Subclass 189 (including 10 points for State nomination, only limited areas)
• Meet the health and character requirements.

If you think it is you, we would like to hear from you. Please contact us to 08 7225 5091 for an initial consultation. We are happy to assist you for State Skilled - Nominated (subclass 190) visa or Skilled - Nominated or Sponsored (Provisional) (subclass 489) visa.

This information is accurate on the date of posting, 4 July 2013

Peer Review is no longer required by the RCB Immigration SA for the first stage of the RSMS process. This change was introduced from 24 June 2013.

Immigration SA posted the following on their blog:

“A recent review has identified the following changes to the RCB application process:

• Removal of peer review - effective immediately
• Simplified assessment questions
• Extensively reduced evidence requirements
• Quicker application process”

For Immigration SA announcements:

https://www.migration.sa.gov.au/news%20and%20events

Peer Review required a letter from an employment agent or industry body or Union about not being able to fill the position.  It was very unpopular with employers, who often chose not to proceed with the RSMS process. 

Enrolled Nurses already registered in Australia can apply for a Migration Skills Assessment from ANMAC from 1 July 2013.

Key points are:

• English - The applicant must achieve a score of 7 in all bands of the IELTS academic IELTS or achieves a B pass in all bands of the OET for nurses.
• Education - If the applicant holds current registration as an Enrolled Nurse in Australia or New Zealand and provided appropriate documentary evidence of this they with will be deemed to have met the educational standard requirements.
• - Experience and Exemption- The experience requirement will require that the applicant must has practised as a nurse or midwife in the 5 years preceding their application date. There is an exemption to this experience criteria if the applicant is a newly registered Australian nursing and midwifery graduates that AHPRA registration.

From the many enquiries I have received about skills assessments for Enrolled Nurses, I know that there will be a large number of applications for registration lodged. 

Large volumes of applications can lead to long processing times and there may be an advantage to lodging your skills assessment as soon as possible.

For the assessment criteria:

http://www.anmac.org.au/application-options

Work Visa Lawyers:

• We can assist you to apply for a skills assessment.
• We can assess your eligibility to apply for Australian Permanent Residence based on your nursing qualifications.   
• If we determine that you are eligible, we can apply for  Australian Permanent Residence on your behalf.

If you require further information regarding Enrolled Nursing skills assessment by ANMAC or would like to book a consultation with Christopher Johnston, please do not hesitate to contact our offices on (08) 7225 5091.

The rises in visa application charges from the 1 July 2013 hit families migrating to Australia much harder than single applicants.This is because there has been a shift from price per application, to charging fees for each person included in the application.

Example 1 - Permanent Work Visa for a family of three – Subclass 187 or 186:

Up until 28 June 2013 the 187 or 186 Visa Application Charge for a primary applicant, a partner and their child under the age of 18 was a total of $3060.00. 

From 1 July 2013 the Visa Application Charge will be calculated per applicant.   In relation to the example above, for a primary applicant it will be $3060.00, for a partner it will be $1530.00 and for their child under 18 it will be $765.00.  The total for the family of three will be $5355.00.

For a family of three this is a fee increase of 75%.

Example 2 - Temporary Work Visa for a family of three– subclass 457:

Up until 28 June 2013 the 457 Visa Application Charge for a primary applicant, a partner and their child under the age of 18 was a total of $455.00

From 1 July 2013 the Visa Application Charge will be calculated per applicant.   In relation to the example above, for a primary applicant it will be $900.00, for a partner it will be $900.00 and for their child under 18 it will be $225.00.  The total for the family of three will be $2225.00.

For a family of three this is a fee increase of 389%.

For further details on visa application charges visit:

http://www.immi.gov.au/allforms/new-visa-charges-1july2013/proposed-visa-pricing-table.htm

If you require further information regarding Australian migration or would like to book a consultation with Christopher Johnston, please do not hesitate to contact our offices on (08) 7225 5091

This posting is accurate as of 28 June 2013

Immigration SA has widened the state sponsorship criteria for off-list nominations.

SA State sponsorship is no longer restricted to students who graduated within the last six months. All international graduates of South Australia will be considered, regardless of how long ago they graduated.

The off-list currently has 242 occupations available for state sponsorship.   

The off-list offers the opportunity for SA graduates to be sponsored for the 242 occupations.

The SA graduates must have a full skills assessment for one of the 242 occupations.

The  changes to the criteria for off-list will only apply until 30 June 2013 at the latest. 

There are a limited number of off-list places available per financial year and this number is reached, then Immigration SA will most likely close off-list sponsorship.  This could happen before the 30 June 2013.

One of the occupations currently on the off-list where graduates often have a full skills assessment is Welfare Worker. 

If you require further information regarding the SA State Sponsorship criteria or would like to book a consultation with Christopher Johnston, please do not hesitate to contact our offices on (08) 7225 5091.

The full list  of SA sponsored occupations is available at:

https://www.migration.sa.gov.au/SNOL_data

Here are some of the off-list occupations that are being sponsored:

141311  Hotel or Motel Manager                               IELTS 7.0 in each band

221214  Internal Auditor                                IELTS 7.0 in each band plus 3 yrs work experience in field

224112  Mathematician                 IELTS 6.5 in each band

225111  Advertising Specialist                     IELTS 6.5 in each band

225112  Market Research Analyst                             IELTS 6.5 in each band

225113  Marketing Specialist                       IELTS 6.5 in each band

225213  ICT Sales Representative                              IELTS 6.5 in each band

225311  Public Relations Professional                      IELTS 6.5 in each band

232312  Industrial Designer          IELTS 6.5 in each band

232313  Jewellery Designer                          IELTS 6.5 in each band

232411  Graphic Designer                             IELTS 6.5 in each band

232412  Illustrator                            IELTS 6.5 in each band

232414  Web Designer                   IELTS 6.5 in each band

233512  Mechanical Engineer                      IELTS 6.5 in each band

272613  Welfare Worker

351111  Baker                    IELTS 6.0 in each band plus 3 yrs work experience in field

351112  Pastry Cook                        IELTS 6.0 in each band plus 3 yrs work experience in field

351211  Butcher or Smallgoods Maker                    See IELTS explanation listed in Point 9 here

351311  Chef                      IELTS 6.0 in each band plus 3 yrs work experience in field

351411  Cook                      IELTS 6.0 in each band plus 3 yrs work experience in field

362211  Gardener (General)                        See IELTS explanation listed in Point 9 here

362212  Arborist                                See IELTS explanation listed in Point 9 here

362213  Landscape Gardener                      See IELTS explanation listed in Point 9 here

362311  Greenkeeper                    See IELTS explanation listed in Point 9 here

362411  Nurseryperson                 See IELTS explanation listed in Point 9 here

391111  Hairdresser

392211  Graphic Pre-press Trades Worker                            

392311  Printing Machinist

394111  Cabinetmaker

411511  Aboriginal and Torres Strait Islander Health Worker                         IELTS 6.5 in each band

411711  Community Worker                        IELTS 6.5 in each band

411712  Disabilities Services Officer                          IELTS 6.5 in each band

411713  Family Support Worker                 IELTS 6.5 in each band

411714  Parole or Probation Officer          IELTS 6.5 in each band

411715  Residential Care Officer                                IELTS 6.5 in each band

411716  Youth Worker                    IELTS 6.5 in each band

511112  Program or Project Administrator           IELTS 6.5 in each band

We are able provide you with assistance in relation to SA State Sponsored visas.  You can contact Chris Johnston at Work Visa Lawyers.

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

This New posting is accurate on 8 June 2013.

Immigration SA has announced changes to their off-list sponsorship criteria:

“Changes include: (these apply to applicants living and working in South Australia only)

• - All international graduates of South Australia will be considered; nomination is no longer restricted to students who graduated within the last six months.
• - Applicants who have completed a vocational education and training (VET) or higher education qualification in South Australia with a minimum duration of one academic year (or CRICOSregistered for a minimum of 46 weeks).
• - Students who have completed a PhD or Masters by Research qualification in South Australia, no longer require work experience if they have an IELTS score of 7.5 overall or 7.0 in each band.”

Refer to the off-list section in the following link:

https://www.migration.sa.gov.au/node/104

Changes will only apply until 30 June, 2013. 

Due to the short timeframe, the above changes for the off-list  will be most suitable for persons who already have a full skills assessment in a vocational occupation, such as a Nurseryperson.

IELTS Validity extended from two to three years:

Other changes include that Immigration SA will now accept IELTS results which are three-years-old or less on the state nomination decision date

I will post more details on the SA sponsorship changes as they emerge.

If you require further information regarding the SA State Sponsorship criteria or would like to book a consultation with Christopher Johnston, please do not hesitate to contact our offices on (08) 7225 5091.

It has been reported that form the 1 July 2013 the 457 visa application fee will increase from $455 to $900. See article:

http://www.abc.net.au/news/2013-05-14/nrn-fedbudget-457costs/4689874

Labor has plans for Radio Adverts  to Promote a Crackdown on 457 Visas.  See article:

http://www.afr.com/p/national/labor_ads_to_promote_work_visa_crackdown_35rbIW85h1LS1vpVSYOs6I

This will be at same time as ATO Investigations of 457 Visas. See article:

http://www.workvisalawyers.com.au/news/entry/student-visa-and-temporary-work-visa-holders-are-you-currently-being-investigated-for-tax-fraud-.html

Increases to the fees charged for skills assessments have been announced.  From the 6 May 2013 the cost of an Australian Migration Skills Assessment has been raised from $300 to $1000.

Trades Recognition Australia is the skills assessing authority for many occupations, mostly concentrating on trades, including Electricians, various Motor Mechanics, Plumbers, Carpenters, Bakers, Cooks and Chefs.

For a list of the full range of fee increases, please view:

http://www.innovation.gov.au/Skills/SkillsAssessment/TradesRecognitionAustralia/TRANotices/Documents/FAQChangesTRA.pdf