The Department of Immigration and Border Protection (DIBP) has released a response to the 457 Visa Programme integrity review report today. The majority of the changes announced are expected to be implemented over the next 6 months.

Here is a snapshot of the changes announced:

• English requirements for the 457 visa applicant will be changed to overall 5.0 for the IELTS exam, with no components scoring lesser than 4.5.
• Other English exams to be accepted for the visa application will be announced next month.
• Visa charges are being reviewed and are likely to change.
• Training Benchmarks will be replaced by annual training fund contributions to the Department of Industry (possible implementation in 2016)
• Severe penalties for Business Sponsors who receive payment from visa applicants/holders in return for sponsorship and nomination.
• Validity of Standard Business Sponsorships (SBS) to be lengthened from 3 to 5 years for existing businesses; from 12 to 18 months for new businesses.

More information will be available as the DIBP gets closer to implementing the planned changes.

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

The 457 visa programme has undergone many changes as the Department tries to strike a balance between helping Australian businesses meet short-term labour needs and protecting Australian workers and their jobs. It is important for both the Business Sponsor and Visa Applicant/Holder to take note of current developments to the 457 programme to ensure sponsorship and visa obligations are complied with to avoid violation and possible sanctions or penalties.

It is noted that the changes are being implemented in the near future and the date of effect for the changes will be crucial in relation to new sponsors, nominees (position) and visa applicants.

 UPDATE

There has been plenty of responses from various parties since the annoucement was made. Here are a few of them:

"Ensuring that visa holders and sponsors are meeting their obligations will boost business and community confidence in the 457 programme."- Kate Carnell, Head of Australian Chamber of Commerce and Industry, on the announced changes

"The labour market testing regime was always flawed and we urge the government to accept the review's recommendation that it be scrapped. The testing amounts to ineffective, time-consuming red tape. Using the scheme is costly for employers and the vast majority don't recruit 457 workers unless they absolutely have to."- Innes Willox, Head of Australian Industry Group, on the Government's decision to keep the labour market testing component

"The government's proposed changes to the 457 visa scheme will improve its operation and reduce business costs, but it has missed the opportunity to do away with redundant regulation."

"It is disappointing that on Repeal Day the government has declined to support the independent review's recommendation to abolish labour market testing. This is a classic case of a regulation that adds to business costs, without improving the integrity of the scheme."- Jennifer Westacott, Chief Executive of Business Council of Australia (BCA)

Scott Barklamb, Executive Director of policy and public affairs for Australian Mines and Metals Association (AMMA) says that foreign workers played a small, but critical, specialist role in the mining industry. He too was disappointed that labour market testing was not abolished.

National Farmers Federation (NFF) president Brett Finlay welcomed the changes and mentioned that while Australian workers were the backbone of the country's agricultural sector, some farm businesses in regional and remote areas struggled to find workers with relevant skills and relied on overseas workers to fill essential roles.

Part of the announcement also mentions the re-establishment of the Ministerial Advisory Council on Skilled Migration (MACSM), which will aid to provide labour market analysis and advice on the composition of the Consolidated Sponsored Occupation List (CSOL).

It appears that many stakeholders welcomed the changes but were concerned about the continuation of labour market testing and the proposed training fund that will replace current Training Benchmarks.

 Source:

1. http://www.immi.gov.au/pub-res/Pages/reviews-and-inquiries/government-response.aspx
2. http://www.sbs.com.au/news/article/2015/03/18/457-visa-changes-announced
3. http://www.theaustralian.com.au/national-affairs/immigration/liberals-tighten-checks-on-457-visas/story-fn9hm1gu-1227267088406
4. http://www.bca.com.au/newsroom/statement-on-the-governments-response-to-457-visa-review

This information is accurate on the 22 March 2015

Do you need help with a 457 business sponsorship or visa application?

At Work Visa Lawyers we are experienced in assisting businesses and individuals in the 457 visa application process. The process is complex with many stages of work involved and we aim to simplify the application process for you and make sure the various criteria for sponsorship and visa are met.

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.

Visa applicants can make a request for ministerial intervention when you receive a decision from a review tribunal. A review tribunal refers to the Refugee Review Tribunal (RRT), the Migration Review Tribunal (MRT) or, in certain circumstances, the Administrative Appeals Tribunal (AAT).

Visa applicants should not expect that the minister will intervene in your case and should not withdraw any judicial review application that is ongoing. The minister only intervenes in a small number of cases and will only intervene in cases of unique and exceptional circumstances. Visa applicants must check that they meet the unique or exceptional circumstances before they request for a ministerial intervention. Assuming that the applicant meets the requirements for consideration it is absolutely prudent that the written request be prepared as best as possible as the minister generally does not want to consider any further requests for intervention from an applicant whom he has declined once.

If your request for ministerial intervention is not successful you are expected to leave Australia as soon as possible. Therefore it is important that your request for ministerial intervention is prepared with a strong understanding of the factors of consideration by the minister.

A request for Ministerial Intervention does not lead to a Bridging visa, so you will have to apply separately for a Bridging visa. Once a request for Ministerial Intervention is lodged, you will need to apply for a bridging visa to ensure that you do not become an unlawful resident. If you need help with a bridging visa application, you can contact us.

Source:

Department of Immigration and Border Protection website

http://www.immi.gov.au/refugee/ministerial_intervention.htm

This information is accurate on the 13 March 2015. DIBP will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application.

Do You Need Help?

At Work Visa Lawyers we are experienced in assisting applicants with visa decision reviews, appeals, ministerial intervention and judicial reviews with the courts. All applications are dealt with in a strict and urgent manner as reviews and appeals must be submitted within a limited time.

If you require further information regarding a review or your appeal 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.

A total of 203 visas have been cancelled by the Minister of Immigration, Peter Dutton in the past 3 months. Previously there were only a total of 372 cancellations over the period between July 2011 and July 2014¹ - a 3-year period!

With an amendment to the Migration Act in December 2014, the Minister now has the power to cancel visas of people who were:

• Involved in a serious crime – drug trafficking, sexual assaults, motorcycle gangs, etc.
• Convicted and imprisoned for 12 months or more
• In Australia on a visa and being convicted of a sexual offence against a child

The power to cancel visas allows the Minister to remove non-citizens who are in Australia and pose a threat to the Australian community. Recent visa cancellations were issued to overseas criminal offenders, biker gang members and associates, drug-related offenders and sex offenders. The Minister has mentioned that "If people have committed crimes against our country then their visas will be cancelled" and that “they should be removed from our shores as quickly as possible" in a statement to ABC News¹.

Why has there been an increase in visa cancellations?

The increase in visa cancellation numbers is a government response to national security concerns especially in the areas of organised crime and counter-terrorism. The government aims to target “organisations and individuals blatantly spreading discord and division” and “include stronger prohibitions on vilifying, intimidating or inciting hatred”².

The change in the name of the Department is also an indication of policy change. The name has changed from the Department of Immigration and Citizenship (DIAC) previously to the current Department of Immigration and Border Protection (DIBP). From 1 July 2015, DIBP and the Australian Customs and Border Protection Service will merge to form the Australian Border Force, signifying a stronger and tougher approach towards border protection³.

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

Character issues can be identified by DIBP in the following situations:

• When you apply for a visa (including renewal of your Resident Return Visa – RRV)
• When you arrive at an Australian port of entry and complete a declaration card
• When you apply for citizenship
• When you sponsor somebody for a visa (partner, family member)
• If DIBP contacts you directly about your situation
• If your legal matter goes to court and DIBP takes note of your case
• If DIBP cross checks with local police and overseas law enforcement agencies databases and identifies visa holders with criminal offences

Even though recent cancellations are focused on organised crime, sex crimes and terrorism, it is possible that any person with criminal convictions outside of these offences can have their Australian visas revoked.

With recent security concerns heightening the level of border protection, expect more cancellations to happen. It is a good idea for all visa holders and applicants to stay out of trouble with the law in order to preserve your life and residence in Australia.

Source:

1. Hundreds of convicted criminals have visas revoked under Migration Act amendment

http://www.abc.net.au/news/2015-02-24/convicted-criminals-have-visas-cancelled/6254120

2. Prime Minister Tony Abbott outlines moves to revoke foreign fighters' citizenship, crack down on 'hate preachers'

http://www.abc.net.au/news/2015-02-23/abbott-announces-anti-terror-measures/6217608

3. Department of Immigration and Border Protection

http://www.immi.gov.au/News/Pages/new-australian-border-force.aspx

4. Minister for Immigration Media Releases

http://www.minister.immi.gov.au/peterdutton/2015/Pages/Two-criminals-removed-from-Queensland.aspx

http://www.minister.immi.gov.au/peterdutton/2015/Pages/irish-criminal-removed-from-australia.aspx

http://www.minister.immi.gov.au/peterdutton/2015/Pages/crackdown-foreign-criminals-bikies.aspx

This information is accurate on the 3 March 2015

Have You Been Asked to Respond to “Character” Concerns by DIBP? Do You Need Help in Relation to Your Current Australian Visa, Applying for an Australian Visa or Citizenship?

At Work Visa Lawyers we are experienced in assisting applicants with visa applications for Skilled Migration including Independent and State Sponsored visas, state sponsorship applications, Family Migration visas as well as employer-sponsored visas. We also assist applicants who have health or character concerns in a visa or citizenship application.

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.

RSMS 187 policy change –Australian Certificate 4 now a trade level qualification with no need for experience prior to application

The relevant DIBP policy now states:

“AQF Certificate III, IV and Diploma​ qualifications

If the applicant relies on an Australian qualification, that qualification must be as specified within the ANZSCO framework for that occupation. For example, if the nominated position were that of a cook (ANZSCO 351411), the applicant must:

• hold a relevant AQF Certificate IV or
• hold a relevant AQF Certificate III including at least two years of on the job training or
• have at least 3 years of relevant experience.”

Comments by Chris Johnston:

Have you been working as much as possible and waiting until you have two years of experience?

If you have a Certificate 4 and an employer you may be eligible to apply now.

This is great news for vocational graduates who are already in Australia.

Warning:

 This information is accurate on the 17 February 2015.  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 Australian Migration?

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

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.

Enrolled Nurse has been added to NSW Skilled Occupation List for state sponsorship for 190  visas!

NSW Trade & Investment has recently updated its NSW Skilled Occupation List to include Enrolled Nurse ANZSCO Code 411411.

You will Need a Skills Assessment from ANMAC to apply for State Sponsorship

ANMAC is responsible for undertaking skills assessment of nurses and midwives for migration purposes.

Here is a previous blog we have done on the ANMAC assessment process:
http://www.workvisalawyers.com.au/news/entry/anmac-announces-new-resources-available-to-assist-with-the-skills-assessment-process-for-enrolled-nurses-that-preparing-to-apply-for-australian-pr.html

Here is a link to ANMAC:

http://www.anmac.org.au/international-services

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

This is massive news, as it provides a pathway to apply for an Australia visa for Enrolled Nursing graduates, not just from NSW, but from all around Australia.

Some states and territories have criteria which only allows there own graduates (SA) Enrolled Nurses currently working as an Enrolled Nurser in their state (Qld) to apply for sponsorship.

You will want to get in quick, as NSW only has a limited number of state sponsorships per calendar year.  For the year ending 30 June 2015, the number is 4000 sponsorships to cover all occupations.

Sources:

NSW Trade and Investment website

- NSW List

http://www.anmac.org.au/international-services

This information is accurate on the 15 February 2015. State sponsorship requirements and DIBP visa application criteria can change and all current requirements must be established prior to lodging an application.

Do You Need Help in Relation to a Skills Assessment or visa application as a Enrolled Nurse or Registered Nurse?

At Work Visa Lawyers we are experienced in assisting with skills assessment to enable applications for skillselect subclass 190 and employer sponsored visas.  

We can help you with state sponsorship and visa application as an Enrolled Nurse or Registered Nurse.

For further information regarding skills assessments or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091.

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

China reduces threshold to attract more skilled migrants! Australia faces more competition in attracting skilled migrants!

A recent joint statement released by the Communist Party of China Central Committee Organization Department, the Ministry of Human Resources and Social Security and the State Administration of Foreign Experts Affairs has indicated a pursuit of overseas talent by a country that traditionally has a net emigration rate and suffers from brain drain as talents pursue employment overseas. China only makes up for 0.4% of the total immigrant population in the world according to 2013 data¹. That means out of the total 231,522,200 migrants in the world, only 848,500 are in China. Australia records 2.8% (6,468,600) while Singapore (a country that consistently attracts overseas talent to settle and accumulate human capital) records 1.0% - 2,323,300 (impressive for a country with a population of only 5.4 million in 2013 and a country land size of 718 square kilometres). The announcement shows that China is looking to amass talented professionals and perhaps prepare for a predicted global workforce crisis according to this interesting article by the Boston Consulting Group (BCG).

According to the statement China will be looking to attract overseas talent by introducing preferential policies in visa applications, residence permits, settling in China as well as exit/entry convenience that was previously strict for overseas arrivals. More details will be provided by the authorities in the later part of the year.

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

The announcement made by the Chinese authorities basically means more competition for skilled workers in the region. According to the Department of Employment total employment for Australia is projected to increase by 838,100 (7.2 per cent) reaching 12,442,700 by November 2018². Net skilled migration is required to ensure the national workforce does not shrink to meet the expected demand.

To remain attractive for overseas skilled workers to settle in Australia, the Department of Immigration and Border Protection (DIBP) may need to consider its skilled migration policy settings and requirements, as well as further improve service standards for visa applications to be processed in a timely manner. A review of the temporary work visas are already underway as highlighted in our earlier article.

Source:

From the article - China further lowers threshold to attract overseas talent

http://www.chinadaily.com.cn/china/2015-01/25/content_19401866.htm

1. Trends in International Migrant Stock: The 2013 Revision

2. http://lmip.gov.au/default.aspx?LMIP/EmploymentProjections

This information is accurate on the 6 February 2015

Do You Need Help With Your Australia Visa Application?

At Work Visa Lawyers we are experienced in assisting applicants with visa applications for Skilled Migration including Independent and State Sponsored visas, state sponsorship applications as well as employer-sponsored visas.

If you require further information regarding a review or your appeal 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.

The New South Wales (NSW) Trade and Investment Department will be implementing an invitation-only selection for its Skilled Nominated 190 state sponsorship programme starting February 2015. Here are the key points:

Candidates will be selected based on:

• highest points claimed in Expression of Interest (EOI) submitted to the Department of Immigration and Border Protection (DIBP); followed by
• level of English competency (based on acceptable English exams); followed by
• skilled employment
  If all criteria are equal, candidates will be selected based on date of submission of EOI
• Candidates must indicate interest for NSW state sponsorship in their EOI application
• Upon receiving an invitation from NSW candidates must submit an online application within 14 days
• Once state sponsorship is approved after 12 weeks, candidates lodge their visa application with DIBP as per current procedures

The NSW Trade and Investment Department will decide how many candidates to invite at an ongoing basis. The Occupation List for NSW will be published in February 2015. There are no other changes announced for the Skilled Regional (Provisional) and Business Skills visas nomination criteria at the moment.

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

It is advisable to lodge your EOI soonest as there may be many candidates tied with the same criteria being considered for the NSW state sponsorship, especially in the 65 to 70 points group.

This new process will probably be an improvement of the previous system. The previous system was very frustrating and wastes a huge amount of time. The NSW application would open for only a few hours before being filled. The time pressure and large number of applicants would overwhelm the system, adding more confusion.

While the new process would be smoother, the underlying problem will remain. NSW only has a small number of state nomination positions for the entire programme year (4,000 places for 2014-15). NSW is the most populous state in Australia with a population of over 7,439,000 people so demand will be greater than supply. I would estimate that over 15000 or more candidates will be competing for the positions. It will still be very difficult to get NSW nomination for many.

As such visa applicants are urged to consider all other alternatives available for them to proceed with a visa application. You can read about possible alternatives here. The state of South Australia has unique and interesting options for state sponsorship as well that are worth considering.

Source:

NSW Trade and Investment website

http://www.trade.nsw.gov.au/live-and-work-in-nsw/visas-and-immigration/skilled-nominated-migration-190/nsw-nomination-process-in-2015

This information is accurate on the 3 February 2015. State sponsorship requirements and DIBP visa application criteria can change and all current requirements must be established prior to lodging an application.

Do You Need Help?

At Work Visa Lawyers we are experienced in assisting applicants with visa applications for Skilled Migration including Independent and State Sponsored visas, state sponsorship applications as well as employer-sponsored visas.

If you require further information regarding a review or your appeal 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.

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

Apply for a 485 Temporary Graduate Visa if you are eligible

There are two streams to the 485 visa:

Graduate Work Stream

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

Post-Study Work Stream

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

Other criteria require you to:

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

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

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

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

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

Apply for a 457 Employer Sponsored Work Visa

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

Apply for a Partner Visa

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

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

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

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

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

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

Source:

Department of Immigration and Border Protection (DIBP) website

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

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

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

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

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

Do You Need Help?

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

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

 (08) 7225 5091 or +61 8 7225 5091

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

New Fees Applicable for Immigration SA State Sponsorship Applications

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

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

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

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

Source:

Immigration SA Newsletter

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

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

Do You Need Help?

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

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

 (08) 7225 5091 or +61 8 7225 5091

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

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