Principal Migration Agent and Lawyer, Chris Johnston attended the Philippine Honorary Consul General of South Australia, Mr Mark McBriarty to attend the inaugural Gala Ball on Friday, 12 February 2016. The gala ball was held at the Adelaide Oval with all proceeds going to the Australian Foundation for Fostering Learning in the Philippines (AFFLIP).

Featuring a 3 course Filipino-inspired menu from the Hill of Grace Restaurant, the evening was filled with good food, entertaining performances and pleasant company. An auction was also held at the gala ball to raise funds for the AFFLIP.

It was a pleasure for Chris to be part of this cultural event. It is a nice reminder for businesses to reach out and be involved with the community, especially in providing support and aid to the needy. On behalf of Work Visa Lawyers, we wish the AFFLIP an outstanding year ahead in meeting its objectives to facilitate learning for the young Filipinos in Mindanao and other parts of the Philippines.

Chris spent time with Migration Institute of Australia (MIA) members German Glico and Teresita Sarmiento. Teresita is an active and important member of the Filipino community. She did a great job in organising a number of tables for the Gala Ball.

Chris with Teresita Sarmiento and German Glico

View from the Gala Ball room

Immigration SA, the South Australia state department which manages state nomination policies and processes state nomination applications, has introduced a new nomination option for international graduates who studied in South Australian public universities.

What is a High Performing Graduate?

According to Immigration SA, you can claim to be a High Performing Graduate for SA state nomination by meeting ALL of the following requirements:

• Currently residing in South Australia
• Studied at a South Australian public university, which includes:
  • Flinders University
  • University of Adelaide
  • University of South Australia
• Completed one of the following qualifications:
  • PhD
  • Masters by Research
  • GPA of 6.0 or above in a Masters by Coursework degree (following completion of a Bachelor degree in South Australia)
  • First Class Honours in a dedicated Honours year (following completion of a Bachelor degree in South Australia)
  • GPA of 6.0 or above in a Bachelor degree

Note: GPA – Grade Point Average

High performing graduates from other South Australian higher education institutes may also be considered on a case-by-case basis. You will need to email your academic transcript to This email address is being protected from spambots. You need JavaScript enabled to view it.

You should check that you meet the requirements above before emailing the Immigration SA team.

What is the benefit of obtaining the state nomination via the High Performing Graduate pathway?

Benefits in seeking state nomination via the High Performing Graduate stream include the following:

• Additional points for your Skill Select subclass 190 or 489 visa application

(Additional 5 points for subclass 190; additional 10 points for subclass 489)

• Access to a more extensive list of occupations on either the State Occupation List or the Supplementary Skilled List, including nominating occupations where “Special Conditions Apply”
• Obtain waivers for Immigration SA’s work experience and English language requirements

If you need further information, please contact Work Visa Lawyers via the contact details listed below.

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

South Australia has done it again. Previously the Immigration SA team introduced the High Points sponsorship option, to attract high calibre migrants for state sponsorship. With the introduction of the High Performing Graduate sponsorship pathway, it is expected that more General Skilled Migration applicants will be making South Australia their home. The additional sponsorship pathway is definitely welcomed among international graduates to seek extra points and waivers for their visa application.

Policies like this also make SA a more attractive place for International Studies. High achieving students may choose to study in SA due to the favourable state nomination requirements provided by Immigration SA for SA international graduates.

While the High Performing Graduate sponsorship option is available for graduates of the 3 public universities listed, SA international graduates from other institutes with excellent academic records can still seek SA nomination by sending their academic transcript to Immigration SA for consideration on a case-by-case basis. You should seek Immigration SA opinion if you have excellent grades.

You should also note that there are other criteria that need to be fulfilled, such as obtaining sufficient points in the Expression of Interest (EOI), meeting health and character requirements, and so on.

Always check with a Registered Migration Agent first before starting your visa application.

This information is accurate on 19 February 2016

Source:

1. http://www.migration.sa.gov.au/International-graduates/high-performing-international-graduates-of-south-australia

Do you need help with an Australian visa application?

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

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

(08) 8351 9956 or +61 8 8351 9956

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

The Chinese New Year, or Spring Festival falls on the 8 February this year and ushers in the Year of the Fire Monkey. Traditionally the celebrations last for 15 days, concluding with the Lantern Festival.

Work Visa Lawyers would like to wish everyone good health and fortune in the Year of the Fire Monkey.

May you be blessed with the energy and wittiness of the Monkey in your life plans this year!

恭祝大家新春愉快！但愿即将来临的猴年带给您活跃与机灵，心想事成！

Principal Migration Agent and Lawyer Chris Johnston at the Commonwealth Bank Chinese New Year Dinner

移民中介兼律师克李斯与舞狮会面

Do you need help with an Australian visa application?

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

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

(08) 8351 9956 or +61 8 8351 9956

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

CAKES and SWEETS!! A whole box of them!!

Work Visa Lawyers had the pleasure of receiving a gift of appreciation from our client Mr. Rahimi, who recently received the grant of his State/Territory Sponsored Business Owner (subclass 892) permanent residence visa. The boxful of traditional sweets and cakes was a treat and all of us at Work Visa Lawyers thank him for his gracious gesture.

When Mr. Rahimi first came to meet with Principal Migration Agent and Lawyer Chris Johnston, he had no idea about the requirements for him to apply for the subclass 892 permanent residence visa. In his mind he thought that he would be automatically eligible for permanent residency since he has been operating a business in Australia.

Thankfully time was on his side because he sought professional and accurate migration advice from Chris early on. As such he was able to strengthen his application by putting more effort into the business and thus allowed him to apply for the subclass 892 permanent residence visa before his initial State/Territory Sponsored Business Owner (Provisional) visa (subclass 163) expired.

With his kind permission we are able to share this wonderful news with everyone. Ultimately for all of us at Work Visa Lawyers the best reward we can get is to see a joyous and grateful client successfully obtain his Australian visa for further stay in Australia. The cakes...??? They are just a sweet bonus.

Chris with Mr. Rahimi

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

It was very satisfying to be able to assist a client who has successfully established his business in Australia and successfully obtain his permanent residency in Australia. It is worth noting that the success of the application was also because of Mr. Rahimi’s initiative to seek professional migration advice early to ensure he will be able to fulfil the permanent visa application requirements.

In my many years in the Australia migration industry, I have seen many temporary residence business migrants forget about the requirements for the second stage permanent visa application. Most panic when the end of their temporary residence visa is ending and by then it might be too late. I would like to advise all temporary business migrants to seek advice or monitoring from Registered Migration Agents to ensure that the business/investment requirements in Australia are being met for the purpose of the permanent residence visa application at a later stage. It would be gut-wrenching to find out four years later that you are unable to qualify for the permanent residence visa application.

Do you need help with an Australian visa application?

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

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

(08) 8351 9956 or +61 8 8351 9956

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

 2018 UPDATE:

How to Increase Your Points for Employer Sponsored (RSMS 187, ENS 186), Independent (189, 489), and State Nomination (190) Skilled Visas

Australian SkillSelect Round Results September/August 2018 - Skilled Independent & Regional Visa Occupation Lists

Medical and health professionals are always in demand in Australia. To apply for an Australian visa via the General Skilled Migration programme (which includes the Skill – Independent Subclass 189 visa, the Skill – Nominated Subclass 190 visa and the Skill – Regional Sponsored Subclass 489), a positive skills assessment is required. Skills assessments for health professionals can be complicated and confusing as registration with the relevant health authority in Australia is required before a positive skills assessment result can be issued.

We constantly receive repeated queries about the migration skills assessment and registration requirements from overseas nurses and midwives, as well as from international students who are completing nursing studies in Australia. As such we hope to provide more helpful information in relation to the topic at hand.

In this article we will be looking at the registration process for registered nurses, enrolled nurses and midwives, as part of the process of obtaining a positive skills assessment for migration purposes. The questions we will be answering include:

• What is the Australian Nursing and Midwifery Accreditation Council (ANMAC)? How is it different from the Nursing and Midwifery Board of Australia (NMBA)?
• So where do I start to have my skills assessed as a nurse or midwife?
• What are the English requirements for NMBA?
• I have the required English exam results. What else is required for the NMBA registration?

What is the Australian Nursing and Midwifery Accreditation Council (ANMAC)? How is it different from the Nursing and Midwifery Board of Australia (NMBA)?

ANMAC is responsible for making an assessment on an applicant’s work experience and qualifications to determine the applicant’s suitability for skilled migration. A health professional would obtain the migration skills assessment from ANMAC before lodging a visa application.

NMBA is the registration body in Australia which manages the registration of nurses and midwives in Australia. It is compulsory for nurses and midwives to be registered in Australia. You cannot work in Australia as a nurse or midwife unless you are registered with NMBA. NMBA also sets policies and standards for the nursing and midwifery profession. You can find out more about the NMBA from the Australian Health Practitioner Regulation Agency (AHPRA) website here.

In other words you will need to:

• apply for the skills assessment with ANMAC to apply for Australian work visas or the General Skilled Migration visas; and
• apply for registration with NMBA to work as a nurse or midwife in Australia.

So where do I start to have my skills assessed as a nurse or midwife?

The migration skills assessment is processed by ANMAC. The key point to note is that ANMAC offers different pathways for the migration skills assessment. The different pathways are:

• Full skills assessment
• Modified skills assessment

If you have registration with NMBA you can apply for a modified skills assessment. It is advisable to obtain registration with NMBA first and apply via the ANMAC modified skills assessment because of the following reasons:

1. You automatically meet the assessment standards for the modified skills assessment if you are registered with NMBA
2. You do not need to provide English test results if you are already registered with NMBA
3. ANMAC only accepts IELTS or OET for the full skills assessment whereas NMBA accepts IELTS, OET, PTE Academic and TOEFL iBT for registration
4. You can combine scores of TWO English exam sittings to meet the English requirements for registration with NMBA (ANMAC only accepts scores in a single sitting)
5. A modified skills assessment costs A$330 whereas a full skills assessment costs A$900

What are the English requirements for NMBA?

For initial registration with the NMBA you can use different English exams to demonstrate the meeting of English requirements for the registration. The scores required for the different English exams are listed below. You should note that as mentioned above, you can COMBINE scores from two sittings of the same exam, as long as they are within a six-month period.

You can meet the English requirements for registration with NMBA without taking an English exam but you will need to show education in English and work in one of the following recognised countries:

• Australia
• Canada
• New Zealand
• Republic of Ireland
• South Africa
• United Kingdom, or
• United States of America.

The following is a detailed description of what scores are required for the different English exams accepted by NMBA.

IELTS Academic Module

Minimum overall score of 7 and a minimum score of 7 in each of the four components (listening, reading, writing and speaking

If combining scores from two sittings, the following is required:

• The two exam sittings are within a 6-month period
• Both exams achieved a minimum overall score of 7
• There are no components in the two exams with a score lesser than 6.5
• By using the two exam results you will have a minimum score of 7.0 in all components

Examples:

OET

Minimum score of B in each of the four components (listening, reading, writing and speaking)

If combining scores from two sittings, the following is required:

• The two exam sittings are within a 6-month period
• All four components were tested for the two exams taken
• There are no components in the two exams with a score lower than C
• By using the two exam results you will have a minimum score of B in all components

Examples:

PTE Academic

Minimum overall score of 65 and a minimum score of 65 in each of the four communicative skills (listening, reading, writing and speaking)

If combining scores from two sittings, the following is required:

• The two exam sittings are within a 6-month period
• Both exams achieved a minimum overall score of 65
• There are no components in the two exams with a score lower than 58
• By using the two exam results you will have a minimum score of 65 in all communicative skills

Examples:

TOEFL iBT

Minimum total score of 94 and the following minimum score in each section of the test:

• 24 for listening
• 24 for reading
• 27 for writing, and
• 23 for speaking

If combining scores from two sittings, the following is required:

• The two exam sittings are within a 6-month period
• Both exams achieved a minimum overall score of 94
• Minimum score of 24 for Listening, 24 for Reading, 27 for Writing, 23 for Speaking across the two sittings
• For the two sittings all sections are at the minimum score or above:
  • 20 for Listening
  • 19 for Reading
  • 24 for Writing
  • 20 for Speaking

Examples:

The additional choices for English exams and the ability to combine test scores from two different sittings are huge advantages for registering with NMBA when compared with the criteria for a standard migration skills assessment with ANMAC.

Therefore as a nurse or midwife, the first step you should take is to find out the registration process with NMBA. You can find out more here. Alternatively, contact Work Visa Lawyers to make an appointment and have your visa options assessed.

I have the required English exam results. What else is required for the NMBA registration?

Other than meeting the English requirements, applicants will also need to show the following:

• Your qualification makes you eligible to apply for registration to practise as a registered nurse in the country where you completed the program of study
• The education institute and study programme needs to externally accredited during the period of studies (If you are unable to meet this requirement, you may be referred to an NMBA-approved bridging program to facilitate the meeting of this requirement)
• Your nursing qualification is deemed to be equivalent to an Australian nursing bachelor’s degree
• Your overseas study programme included a minimum of 800 hours of supervised workplace experience in an actual practice setting
• Confirmation from your education institute that you have, as part of your study programme, completed an assessment in medication management for the following:
  • Administration of medication
  • Pharmacokinetics
  • Pharmacodynamics

It is possible for Work Visa Lawyers to conduct a preliminary assessment as to whether you will be able to meet the requirements for registration with NMBA, before you begin the registration process. If you are keen to find out more about your options, please contact us to arrange an appointment.

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

Health professionals are always asked to obtain registration in Australia first before they can receive a suitable skills assessment for their Australian skilled visa application. While the assessment and registration process can be confusing with two different agencies managing the profession, this article is produced with the aim of simplifying and explaining the necessary steps.

The English requirements of registration with NMBA is more advantageous for potential migrants with more English exams being accepted as well as the option to combine scores from 2 separate sittings. Nurses and midwives are strongly encouraged to register with NMBA first before submitting a migration skills assessment with ANMAC.

Do note that a positive skills assessment is only part of the Australia visa application requirements. Applicants will need to meet other criteria such as age, qualifications, English, work experience, health and character. Depending on the points total and occupation a state nomination may be required as well.

As such always check and verify that you meet all requirements before submitting a visa application. Be in touch with Work Visa Lawyers if you require such professional services.

This information is accurate on 6 January 2016

Source:

1. http://www.ahpra.gov.au/Registration/Registration-Standards/English-language-skills.aspx
2. http://www.anmac.org.au/nurse-or-midwife-registered-australia-or-new-zealand
3. http://www.anmac.org.au/faqs
4. https://www.ahpra.gov.au/

Do you need help with an Australian visa application?

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

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

(08) 8351 9956 or +61 8 8351 9956

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

In our earlier blog looking at the year 2015 in review, it was mentioned that the Department of Immigration and Border Protection (DIBP) has introduced measures to penalise activities and arrangement in relation to “Payment for Visas”. On 4 December 2015, the Australian Federal Parliament passed the bill for the Migration Amendment (Charging for a Migration Outcome) Act 2015. New criminal, civil and administrative sanctions, and visa cancellation provisions were introduced on 14 December 2015.

The range of actions that can be taken by the DIBP extends to visa applicants, business sponsors and related third parties (such as migration agents) who participate in a payment-for-visa scheme. The severe penalties include:

• Criminal penalties punishable by a maximum of 2 years imprisonment or a fine equivalent to $64,000 for an individual person or $324,000 for a body corporate
• Civil penalties applicable to the sponsor, visa applicant or other third party who received or provides or offers a benefit related to a sponsorship related offence will equate to $43,200 for an individual person or $216,000 for a body corporate
• Provisions for the DIBP to consider cancellation of visas granted to applicants who engage in payments-for-visas conduct

The “payment” in reference includes benefits other than monetary payments. This new legislation will affect the 457 work visa, the Employer Nominated Scheme (ENS) 186 visa and the Regional Sponsored Migration Scheme (RSMS) visa.

Will it affect my 457 visa?

Yes it could if you paid your sponsor! If you paid for sponsorship your visa could be cancelled! The new Bill introduces a discretionary power to consider cancellation of a temporary or permanent visa where the visa holder has engaged in a "payment for visa" conduct.

You can obtain more information about the newly announced measures at the DIBP webpage here.

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

The measures introduced are part of the recommendations that were tabled in the 457 visa programme integrity review released by the DIBP. The penalties and powers granted to the DIBP demonstrate a strong intention to protect the integrity of the temporary work visa programme.

Even without the fear of punishment and penalties, individuals and businesses should be vigilant and avoid visa scams as they become a source of exploitation of the system and genuine overseas workers. The power to cancel a visa that was granted based on a payment-for-visa scam is a concern for those who have already paid for sponsorship before the Bill came into power.

This information is accurate on 18 December 2015

Source:

1. http://www.border.gov.au/Trav/Work/Work-1

Do you need help with an Australian visa application?

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

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

(08) 8351 9956 or +61 8 8351 9956

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

Prime Minister of Australia, Malcolm Turnbull has announced new visa pathways for innovative entrepreneurs under the new National Innovation and Science Agenda. Australia has recently been ranked low among global innovation standards and this announcement seems to cater to the concerns of the lack of innovation in Australia.

According to the strategy announced, changes to the Australia migration programme will include the following:

1) Postgraduate by research graduates will receive additional points for General Skilled Migration visa applications

Many postgraduates find themselves short of points when applying for General Skilled Migration (GSM) visa as they lack work experience. With the newly announced changes, postgraduate by research graduates in science, technology, engineering and mathematics (STEM) will receive extra points which will provide more options for permanent residency in Australia after their studies.

2) New Entrepreneur Visa will provide overseas entrepreneurs with a pathway for Australian permanent residency

This new visa category will allow overseas entrepreneurs with innovative ideas to apply for a provisional visa with a pathway to permanent residency upon fulfilling criteria such as business growth and creation of jobs. To qualify for the Entrepreneur visa you will have to:

• Gain financial backing from a third party, which will likely be assessed by the newly created Innovation and Science Australia (ISA)
• Possess an innovative and high-growth potential idea that can be implemented in Australia

The new Entrepreneur Visa is planned to be introduced in November 2016. Work Visa Lawyers will bring you more updates as it becomes available.

It is likely that the new Entrepreneur Visa will be categorised as part of the Business Innovation and Investment programme. While the new visa option will not be available until end of 2016, applicants are encouraged to consider current options such as the 188 and 132 visas that may provide a more suitable pathway to permanent residence in Australia. You can view the summary of current business visa options here.

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

While it is still some time away before the changes take place, the changes announced look to benefit aspiring migrants and international graduates who want to make Australia their home. By attracting high-calibre and innovative entrepreneurs, Australia’s innovation standards can only improve while local jobs and investment will increase.

As such some applicants may find themselves with different visa options and may not realise the most efficient pathway to Australian permanent residency. Arrange an appointment with Work Visa Lawyers and we will be able to explain your visa options to you, and advise the best way forward specific to your individual situation. Seeking professional and accurate advice before your visa application will save you costs in fees and time, and ensure a proper application is made.

This information is accurate on 14 December 2015

Source:

1. http://www.news.com.au/finance/economy/australian-economy/malcolm-turnbull-unveils-innovation-package-to-lure-migrants-and-boost-australias-science-and-technology/news-story/4ec71fb43db5d4416fc32ef97c4ee61e
2. http://www.innovation.gov.au/page/agenda
3. http://www.innovation.gov.au/system/files/case-study/Factsheet%2021%20-%20Supporting%20innovation%20through%20visas.pdf

Do you need help with an Australian visa application?

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

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

(08) 8351 9956 or +61 8 8351 9956

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

What is the Australia 457 Work Visa?

The Temporary Work (Skilled) visa (subclass 457), popularly referred to as the “457 visa” is the most common temporary work visa for Australia. You can apply for the 457 visa if you are sponsored by a company to work in Australia. Here is an overview of what the 457 visa allows you (and your family – partner and children) to do in Australia:

• Live in Australia for a period of up to 4 years

• Work for the sponsoring company for up to 4 years

• Travel in and out of Australia repeatedly for a period of up to 4 years

• Study in Australia for the period of the visa validity

• You (and your family) must have your own private health insurance for your stay in Australia

While it sounds straightforward, the 457 visa comes with its strict requirements and obligations on both the sponsoring business and the sponsored 457 visa applicant. As such Work Visa Lawyers is pleased to provide an updated “10 Things You Need to Know for the 457 Visa”.

The 10 Things You NEED to Know to Apply for a 457 Visa

1. The Three Stages of the 457 Visa Application

There are three stages to the 457 visa application, namely:

1. 1. 1. 1. Company applies to be an Approved Business Sponsor

         2. The Approved Business Sponsor Nominates a Position for Sponsorship

         3. The visa applicant applies for the 457 visa to work in the Nominated Position

2. What are Training Benchmarks? How do you meet the requirements?

Training Benchmarks are requirements that need to be fulfilled by the company who is applying to be a business sponsor. The requirements were introduced to ensure local Australian workers are provided training to perform the work required by the company, thus reducing the dependency of the company on overseas workers.

The Training Benchmarks are as follows:

Training Benchmark A - recent expenditure to the equivalent of at least two per cent of the payroll of the business, in payments allocated to an industry training fund that operates in the same industry as the business

Training Benchmark B - recent expenditure to the equivalent of at least one per cent of the payroll of the business, in the provision of training to employees of the business who are Australian citizens or Australian permanent residents.

If the business is new (operating for less than 12 months), an auditable training plan is required instead.

If you are unsure how to demonstrate that you have met the Training Benchmarks, please contact Work Visa Lawyers for a more detailed discussion.

3. Is your occupation SUITABLE for Sponsorship under the 457 visa programme?

Not all occupations are suitable for the 457 visa programme. Only occupations on the Skilled Occupation List and the Consolidated Skilled Occupation List can be nominated for a 457 visa. You can view the occupation lists here.

The most popular occupations for 457 visa sponsorship for the year 2014-2015 to 31 March 2015 are as follows:

1. Developer Programmer

2. Cook

3. Café or Restaurant Manager

4. Marketing Specialist

5. Software Engineer

6. ICT Business Analyst

7. University Lecturer

8. Management Consultant

9. General Practitioner

10. Resident Medical Officer

11. Chef

12. Sales and Marketing Manager

13. Accountant (General)

14. Mechanical Engineering Technician

15. ICT Project Manager

If the occupation to be nominated is not on the Skilled Occupation Lists then a Labour Agreement will be required. You can always speak to Work Visa Lawyers if you need to clarify the occupation or to learn more about Labour Agreements.

4. How does a business qualify to nominate an applicant for the 457 visa?

There are a number of criteria to be fulfilled by the business to become a sponsor for a 457 visa. The requirements include:

• Meeting the Temporary Skilled Migration Income Threshold (TSMIT)

This is the minimum annual salary you must pay for the sponsored 457 visa worker. The TSMIT is currently A$53,900.

You need to note that if the average market salary for the position is lower than the TSMIT, you cannot simply overpay an overseas worker to enable sponsorship under the 457 visa programme.

• Fulfil the Labour Market Testing (LMT) requirements

This requires the business to test local labour markets to demonstrate effort to recruit local workers before deciding to sponsor an overseas worker for the required position.

• Providing Employment Terms that are equivalent to terms offered to an Australian employee

• The sponsored worker must work directly for the business

• The work and position must be genuinely available and relevant to the operations of the business

The requirements are complex and may vary according to different industries. Please contact Work Visa Lawyers if you need a more detailed explanation that is relevant for your business or industry.

5. What are the requirements for a 457 visa applicant?

The applicant needs to be nominated for a position that corresponds to an occupation listed of the Skilled Occupation Lists.

Additionally the applicant will also need to meet skills, registration, English, health and health insurance requirements for the visa application.

Skills

Applicants need to demonstrate that they have the necessary qualification (and work experience, if applicable) to perform the duties required for the nominated occupation. Many trade level positions on the CSOL will require the visa applicant to have successfully completed a TRA 457 skills assessment

Registration and Licensing

If the nominated occupation requires licensing or registration in Australia, the applicant needs to obtain the registration or licence, or demonstrate that they meet the requirements for registration or licensing in Australia.

English

Unless otherwise stated, 457 visa applicants can demonstrate meeting the English requirements for the 457 visa application with the following:

• an International English Language Testing System (IELTS) overall test score of at least 5.0 with a score of at least 4.5 in each of the four test components

• an Occupational English Test (OET) score of at least ‘B’ in each of the four components

• a Test of English as a Foreign Language internet-based test (TOEFL iBT) total score of at least 36 with a score of at least 3 for each of the test components of listening and reading, and a score of at least 12 for each of the test components of writing and speaking

• a Pearson Test of English (PTE) Academic overall test score of at least 36 with a score of at least 30 in each of the four test components

• a Cambridge English: Advanced (CAE) overall test score of at least 154 with a score of at least 147 in each of the four test components

• you are a passport holder from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America

• you have completed at least five years of full-time study in a secondary or higher education institution where instruction was conducted in English.

You may need a higher English score if it is necessary for your registration or licensing.

An exemption to meet the English requirements is possible if the overseas worker is paid an annual salary that is more than the English language requirement exempt amount. The amount is currently A$96,400.

Health and Health Insurance

The applicant and family members will need to be in good health and also arrange for health insurance for the duration of the stay in Australia.

6. What are the obligations of the 457 business sponsor and visa applicant after the visa is granted?

It is critical that the 457 visa holder and business sponsor adhere to the obligations and conditions of the 457 visa when it is approved. Failure to meet the conditions will result in visa cancellations and/or removal of sponsorship status for the business.

457 visa holder obligations

• You are only allowed to work for the business that sponsored you

• Must start work within 90 days or arrival to Australia

• Must not stop working for the employer for more than 90 consecutive days

• Obtain registration or licences if necessary

• Maintain adequate health insurance for you and your family in Australia

457 business sponsor obligations

To prevent exploitation of overseas workers and to ensure skill shortages are genuinely met the sponsor will need to do the following:

• Cooperate with the Department for checks on compliance

• Ensure employment conditions are fair

• Keep and maintain records of employment for the 457 visa holder

• Ensure that the sponsored 457 visa worker does not perform duties other than what is required for the nominated occupation

• Do not obtain payment from the sponsored worker for the costs of the 457 visa application

• Continue to meet the Training Benchmark requirements

• Pay the travel costs for the sponsored worker to leave Australia when the visa validity expires

As shown there are more to the 457 visa than the initial visa application requirements. You can check with Work Visa Lawyers if you need more information about your obligations or situations such as when employment ceases, or if the business is being monitored by the Department.

7. Can you apply for Permanent Residence after obtaining a 457 visa to work in Australia?

After working for the business sponsor for at least 2 years, you can apply for permanent residency under the 186 Employer Nomination Scheme (ENS) or the 187 Regional Sponsored Migration Scheme (RSMS) pathway. The requirements and process of these visa applications will be discussed in a separate blog.

8. The 457 Visa Programme Integrity Review and the recommended changes

On 10^th September 2014 the Department a final report on the review of the integrity of the 457 visa programme by an independent panel. A total of 22 recommendations were made and some of the recommendations are in fact already in place. More changes are to be expected towards the end of 2015 and beginning of 2016.

To ensure that you are informed on the ongoing changes for the 457 visa programme, check our News section and search “457” for the collection of news relevant to updates for the 457 visa programme. Alternatively you can follow us on Facebook or Twitter to receive the updates.

9. What are the other employer-sponsored Australian work visas?

The consideration for applicants whose occupations are not on the Skilled Occupation Lists would be as follows:

1. Regional Sponsored Migration Scheme (RSMS)

2. Sponsorship by a Labour Agreement

There is an occupation list for the RSMS Direct Entry stream and the list is long. You can check with Work Visa Lawyers to determine the suitability of the occupation for the RSMS Direct Entry.

Labour Agreements are usually a complex process and will require external and professional assistance to get one in place.

10. Do you need help or more details about your situation?

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

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

(08) 7225 5091 or +61 8 7225 5091

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

Information and Communications Technology (ICT) professionals have been a main group of applicants for the Skill Stream of the Australian Migration programme for a long time. In the year 2014-2015, 2 out of the top 5 occupations of primary applicants in the Skill Stream were ICT positions. ICT professionals are identified by 3 main groups in Australia, namely:

• ICT Business and Systems Analysts (ANZSCO: 2611)

• Software and Applications Programmers (ANZSCO: 2613)

• ICT Support and Test Engineers (ANZSCO: 2632)

According to the Job Outlook website by the Australian Government Department of Employment, here is a table summarising job prospects and median weekly salaries for ICT professionals in Australia:

*Weekly earnings for all occupations were $1,152

The employment indicators for ICT professionals look favourable for the future and it is expected that many ICT professionals from overseas will be moving to Australia temporarily or permanently. ICT professionals from overseas can move and work in Australia by applying for:

• Employer Sponsored visas such as:

  • Temporary Work (Skilled) – the “457” visa

  • Regional Sponsored Migration Scheme (RSMS) - subclass 187 visa

  • Employer Nomination Scheme (ENS) - subclass 186 visa

• General Skilled Migration (GSM) visas such as:

  • Skilled Independent - subclass 189 visa

  • Skilled Nominated - subclass 190 visa

  • Skilled Nominated or Sponsored (Provisional) - subclass 489 visa

The visa options are also available to international students who have completed their studies in Australia. The Temporary Graduate visa is an additional visa that is available to international students who meet the Australian study requirement.

Most visa applications for ICT professionals will need a positive skills assessment from the Australian Computer Society (ACS). The ACS Skills Assessment has many different pathways and you will need to check that you meet the requirements of the correct pathway that is applicable to your circumstances (qualifications, work experience, etc.). Here are some of the considerations you should take note of when applying for a Skills Assessment from ACS:

• Is your IT qualification highly relevant to your role at work/nominated occupation?

• Is your IT qualification equivalent to an Australian diploma? Or Bachelor’s degree?

• Did you work in different roles during your IT career? You cannot combine work experience from different IT occupations for the Skills Assessment.

• ICT Support Technicians are assessed by Trades Recognition Australia (TRA) and not the ACS

• Professional IT qualifications or vendor certifications, such as Microsoft Certified Solutions Expert (MCSE), Microsoft Certified Solutions Developer (MCSD), Cisco Professional, Cisco Expert and Cisco Architect are accepted as IT qualifications for ACS Skills Assessment purposes.

As other traditional major occupations such as Accountants face saturation in the Australia visa application pool, studying in an IT education course may lead to a better pathway for further visa applications. Currently Accountants need to score 70 points in the Expression of Interest (EOI) to receive an Invitation to Apply (ITA). ICT professionals in ANZSCO group 2611 and 2613 only need 65 points to receive an ITA.

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

The strong employment outlook and attractive conditions will help ICT professionals make a decision on moving to Australia. Prospective students should also consider studying in the field of ICT as the profession looks more favourable for visa applications that allow further stay in Australia.

Work Visa Lawyers is very familiar with the ACS Skills Assessment requirements and can also provide guidance on the Recognition of Prior Learning (RPL) pathway for suitable applicants. We will help identify the right application pathway and manage the application for you. Contact us to book an appointment and we can explain the ACS skills assessment process and your Australia visa application procedures to you.

This information is accurate on 14 November 2015

Source:

1. http://www.border.gov.au/ReportsandPublications/Documents/statistics/2014-15-Migration-Programme-Report.pdf

2. http://joboutlook.gov.au/occupation.aspx?code=2611&search=industry&Tab=prospects

3. http://joboutlook.gov.au/occupation.aspx?search=industry&tab=prospects&cluster=&code=2613

4. http://joboutlook.gov.au/occupation.aspx?search=industry&tab=prospects&cluster=&code=2632

5. https://www.acs.org.au/migration-skills-assessment/information-for-applicants

6. http://www.border.gov.au/WorkinginAustralia/Pages/SkillSelect-23-October-2015-Round-Results.aspx

Do you need help with an Australian visa application?

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

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

(08) 7225 5091 or +61 8 7225 5091

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