New Premium Investor Visa (PIV) to be created in Australia with selling point including Australian PR in one year  and no residency requirements for Premium investors  

The Australian Federal Government recently completed a The Significant Investor Visa (SIV) Review.  Following the review the Federal Government announced on 14 October 2014 that the following changes will be made in relation to investor visas:

“Outcomes of the review

The government has endorsed the key findings of the review, which include:

• the creation of a Premium Investor visa (PIV) with Austrade required as the nominator

• the involvement of Austrade in determining complying investment policy

• enabling Austrade to nominate SIV and PIV applicants on behalf of the Australian Government

• allowing ‘role swapping’ between primary and secondary applicants during the provisional visa stage within all streams of the Business Innovation and Investment Programme (BIIP)

• a range of changes to improve visa processing times, many of which have already been implemented.

In addition to the findings of the review, there will also be an increase in the residency requirement for secondary applicants of the SIV to 180 days.

Key facts about the PIV

The PIV will be created as a stream within the BIIP programme featuring:

• investment of AUD 15 million into complying investments

• permanent residency after 12 months

• no residency requirement

• nomination only by the Australian Government (Austrade).”

Comment by Chris Johnston, Principal Solicitor with Work Visa Lawyers:

The Premium Investor Visa (PIV) will fall under the existing visa subclasses of 188 and 888.

The selling points for the Premium Investor visa are the following:

1. No residency Requirement:

The Premium Investor Visa will be attractive to wealthy businesspeople because it does not have a residence requirement.  This means that is will be possible for the visa applicant to stay in their homeland and to continue to manage their businesses without having to frequently visit or move to Australia.

A very large part of those choosing to apply for the Significant Investor Visa have been wealthy Chinese businesspeople.  The primary applicant being able to stay in China, while some of the family unit, such as spouse and children, set up a life in Australia including buying property and sending the children to Australian Schools and Universities, is often the preferred option.

The Premium Investor Visa, as it has no residence requirement, is the most convenient visa option for wealthy visa applicants looking for Australian permanent residency.

2. PIV offers Australian Permanent Residency in one year, compared with three years under SIV

The investment made by the visa applicant will be ties up for only one year, which is a huge advantage.  Those applying for the investor visa are often looking to secure a permanent visa in a country such as Australia, which is a stable democracy, with the rule of law and good education options. This is a often hedge against potential political or business uncertainty in their homeland.  The PIV one year visa grant means the security of an Australian Permanent Residency Visa can be obtained with the visa applicant having to deal with the less uncertainty as to changes in political or business environments, compared with having to wait for three years for a result of a SIV.

If you would like to know more about the Premium Investor Visa, you can contact me:

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Responses in the Australia Media to the Premium Investor Visa

http://www.businessinsider.com.au/for-15-million-you-can-become-a-permanent-resident-of-australia-in-one-year-2014-10

http://www.smh.com.au/business/visa-for-the-wealthy-fuels-house-price-fears-20141016-116u42.html

http://www.bbc.com/news/world-australia-29611137

Sources:

Joint media release with Prime Minister Tony Abbott, Minister for Industry Ian McFarlane and Minister for Immigration and Border Protection Scott Morrison.:

http://www.minister.immi.gov.au/media/sm/2014/sm218547.htm
http://www.mia.org.au/documents/item/477
http://www.mia.org.au/documents/item/478

Warning -This information is accurate on the 19 October 2014.  

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

Do you help with a Business Visa, Significant Investor Visa (SIV) or Premium Investor Visa (PIV)?

If you require further information regarding eligibility or the application for a Business or Investor Visa, we can help you.

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

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

457 visas changes Announced by Australia Government:

The Australian Federal Government has announced on 14 October 2014 that the following changes will be made:

“The Government will reform the 457 visa programme for skilled migrants, while maintaining strong safeguards against abuse.

The 457 programme must be a means of filling genuine skills gaps in the local labour market while not placing unnecessary administrative burdens on business.

An effectively managed skilled migration programme ensures foreign workers supplement rather than substitute Australian workers. A business that is forced to close because it is unable to access the labour that it requires employs no-one.  That is a lose–lose situation for both employers and employees.

Following an independent review of the 457 programme, the Government will:

·         streamline the processing of sponsorship, nomination and visa applications to reward low risk applicants and refocus compliance and monitoring activities on high risk applicants;

·         increase the sponsorship approval period from 12 to 18 months for start-up businesses, to give start-ups more time to make their businesses sustainable;

·         provide greater flexibility in relation to English language testing and skill requirements for 457 applicants, to ensure that the standards required are appropriate for the industries and occupations being sought; and

·         retain the Temporary Skilled Migration Income Threshold at $53 900, ahead of a review within the next two years.

Safeguards will remain in place to ensure that the 457 visa programme is not rorted. It will continue to be a requirement that a foreign worker receives at least the same market rates and conditions that are paid to an Australian doing the same job in the same workplace”

Comment by Chris Johnston, Principal Solicitor with Work Visa Lawyers:

The announced planned changes will be welcomed by businesses and by potential visa applicants.

The area of greatest interest for visa applicants will be in relation to the proposed greater flexibility in relation to English language requirements.

The 457 Report recommended the English language requirement be amended to an average score. For example, in relation to International English Language Testing System, the 457 applicant should have an average of 5 across the four competencies (or the equivalent for an alternative English language testing provider).

So this averaging system mentioned in the 457 Report could be the greater flexibility, but we will have to wait until the actual changes are enacted.

The date of the 457 changes has not been provided.  The Federal Government has said that there “will soon make further announcements on the recommendations of reviews”.

Work Visa Lawyers will keep you posted in our news section.

Sources:

Joint media release with Prime Minister Tony Abbott, Minister for Industry Ian McFarlane and Minister for Immigration and Border Protection Scott Morrison.:

http://www.minister.immi.gov.au/media/sm/2014/sm218547.htm

Warning -This information is accurate on the 18 October 2014.  

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

Do you Need Help with the 457 process, to be approved as a business sponsor or to get an Australian Visa for an employee?

If you require further information regarding an employer sponsored visa applications , either as an employer or an applicant, we can help you.

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

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Australian Immigration News Video covering September 2014 – New English Tests, Family Migration, 457 Review, Partner Processing, Tasmania …

We are always looking for opportunities to connect with people interested in migrating to Australia. 

So Work Visa Lawyers will be doing regular Video updates in relation to Australian Migration News.

The videos will be presented by Chris Johnston, Migration Lawyer and Registered Migration Agent.

The first video covers September 2014 and runs for about 16 minutes. 

A list of the topics covered and the minute and second when the topic starts is below.  You can skip to the section that interest you.

Topics covered:
1. Family Visa categories open again0:46
2. New English Language Tests from November 20142:47
3. Partner application times soar6:19
4. The many government reviews8:04
5. The 457 Review and Recommendations9:00
6. The Fee Review12:38
7. Victoria putting State sponsorship of ICT Occupations on hold13:17
8. Tasmania - a Great Place to Study and Migrate14:01

Here is the link to the Australian Migration News Video:

https://www.youtube.com/watch?v=p-IdLLGo4Pw

Warning:

This information is accurate on the 29 September 2014.  State/Territory Bodies and DIBP will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Do You Need Help?

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

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

 (08) 7225 5091 or +61 8 7225 5091  

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NSW State Sponsorship for 190 to open on 22 October – with some Accounting and ICT occupations excluded

The second round of applications for NSW State sponsorship for Subclass 190 visas will open on 22 October 2014 at 10 am.  NSW Trade and Investment has temporarily suspended some occupations for this round, in an effort to ensure a more equitable spread of occupations.

The suspended occupations are:

·  221111 Accountant (General)

·  221112 Management Accountant

·  221113 Taxation Accountant

·  261111 ICT Business Analyst

·  261112 Systems Analyst

·  261311 Analyst Programmer

·  261312 Developer Programmer

·  261313 Software Engineer

·  262113 Systems Administrator

·  263111 Computer Network & Systems Engineer

·  263311 Telecommunications Engineer

·  263312 Telecommunications Network Engineer

The NSW Government has also provided some FAQs - Frequently Asked Questions - October 2014 intake

Here are some exerts from the FAQs:

“When will the October 2014 intake open and close?

The October 2014 intake for NSW nomination program for the 190 visa will open on Wednesday 22 October 2014 from 10am, Australian Eastern Standard Time (UTC +10).

The intake will close when the number of applications received reaches 1,000.”

“Why are Accountancy and ICT occupations excluded from the October intake?

People with Accountancy and ICT occupations took up 75% of the places offered in July 2014. Excluding those occupations for the October intake will allow applications from other occupations needed to support the NSW economy.”

You must meet all requirements and pay the fee:

You will need to meet all the normal requirements for a 190 such as:

- Positive skills assessment in relevant occupation

- IELTS all 6.0 or OET B – or higher requirements for some occupations requiring registration or licensing.

The application fee is:

• for applicants outside Australia: $300;
• for applicants in Australia: $330 (GST included)

What happened last NSW round on 14 July 2014?

The last round was only open for approximately 3 hours or less.  There were reports of the system also freezing and having problems during the process.

A very large amount of people who were hoping to lodge a nomination were unable to before the quota of 1000 was reached.

Source:

NSW Government:

http://www.business.nsw.gov.au/live-and-work-in-nsw/visa-and-migration/skilled-nominated-migration/october-2014-intake

http://www.business.nsw.gov.au/live-and-work-in-nsw/visa-and-migration/skilled-nominated-migration/how-to-apply

This information is accurate on the 08 October 2014.  State/Territory Bodies and DIBP will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Do You Need Help?

At Work Visa Lawyers we are experience in assisting applicants with the Expression of Interest, State Sponsorship and Visa application process for state sponsored subclasses 190 and 489.  We can also assist with the Independent 189.

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

 (08) 7225 5091 or +61 8 7225 5091  

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

Changes to sponsorship list for ACT announced 1 October 2014 – more occupations closed

The ACT Government has release the following information about changes to their sponsorship list.

“UPDATE TO THE ACT OCCUPATION LIST AND 190 NOMINATION CRITERIA, EFFECTIVE 1 OCTOBER 2014.

All occupations which were previously ‘limited’ are now closed.  

Please read the nomination guidelines carefully as there are significant changes, including:

•         Verification: you are no longer required to verify closed occupations.
•         Closed Occupations:

o   Canberra residents and Canberra graduates are not required to be working in the nominated occupation as long as they areworking in a skilled occupation (with ANZSCO skill level 1 to 4). However, interstate graduates must still meet the six (6) months employment in the nominated occupation criteria.

o   Overseas residents require close ties before applying for a closed occupation. The definition of ‘close family has been tightened to only include parents, brother, sister, grandparents, step parents, step siblings of the main applicant or spouse / partner.  

•         Assessment: The assessment of the application for ACT nomination will be based solely on the supporting documents provided at the time of application. Additional documents will not be accepted after submission The case officers will not be requesting further information. If the application is incomplete, or it does not meet the nomination criteria, the application will be refused.

Applications submitted and lodged prior to 1 October 2014  will be assessed against the August 2014 criteria.  Limited occupations previously verified will also be honoured as long as the applications are lodged within 14 days of verification.

The updated ACT nomination criteria and occupation list are available at http://www.canberrayourfuture.com.au/portal/migrating/article/skilled-migration-visas/”

You may still be able to apply for closed occupations if you meet the criteria below:

Here is the criteria for closed occupations:

“If your occupation is listed as closed on the current ACT Occupation List, you may still be able to apply for ACT nomination if you meet certain criteria.

Canberra residents:

·         You have lived in Canberra for the last three (3) months, and:

o    You are working for an ACT employer in a skilled occupation. A skilled occupation is an occupation that has been defined by ANZSCO as having a skill level 1 to 4. See http://www.abs.gov.au/ANZSCO.  

§  You do not have to be working in your nominated occupation.

§  The employment does not have to be full time.

o   (If you do not have work rights) you have a job offer with an ACT employer in a skilled occupation. The job offer does not have to be in the nominated occupation.

·         You are a graduate from an interstate institution, and:

o   You have worked in Canberra for the last six (6) months before applying:

§  You must be working in your nominated occupation.

§  You must be working full time. Student visa holders working 20 hours per week are deemed to meet the full time criterion.

o   You have a genuine commitment to living in Canberra for at least 2 years from visa grant.

Overseas residents

If you are living overseas, you can apply for nomination of a closed occupation if you have:

·         A genuine offer of employment from an ACT employer; or

·         A close family member (includes parents, brother, sister, grandparents, step parents, step siblings) of the main applicant or spouse / partner who is:

o    Currently residing in Canberra and has resided in Canberra for the last twelve months.

o    Either an Australian Permanent Resident or an Australian Citizen.

o    Over 18 years of age.”

Comment by Chris Johnston Migration Lawyer and Registered Migration Agent:

For the ACT there are currently 69 occupations that or open on the ACT list and 582 that are closed.

The changes announce by the ACT favour ACT international graduates and those already living and working in the ACT.

This is part of an overall trend for States and Territories to favour their own graduates.

Source:

Immigration SA:

http://www.canberrayourfuture.com.au/news/article/guideline-and-act-occupation-list-changes/

 This information is accurate on the 01 October 2014.  State/Territory Bodies and DIBP will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Do You Need Help?

At Work Visa Lawyers we are experience in assisting applicants with the Expression of Interest, State Sponsorship and Visa application process for state sponsored subclasses 190 and 489.  We can also assist with the Independent 189.

If you require further information regarding an application or your Australian visa optionsyou can contact us through:

 (08) 7225 5091 or +61 8 7225 5091  

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

Ceased visa classes Reopened - Parent, Remaining Relative, Aged Dependent Relative & Carer visas

Visa Classes Now Open

Senator Hanson-Young's disallowance motion against theMigration Amendment (Repeal of Certain Visa Classes) Regulation 2014, wassuccessful.

The visas which will be be reopened are the following classes:

Parent -Subclass -Subclass 103

Aged Parent- Subclass 804

Aged Dependent Relative - Subclass 114

Aged Dependent Relative -Subclass 838.

Remaining Relative- Subclass 115

Remaining Relative -Subclass 835

Carer-Subclass –Subclass 116

Carer - Subclass 836

They may not stay open long:

The visas are likely to be closed again by further government actions – so you may want to get in quick to lodge.

You should be aware:

Based on current processing times, the waiting periods could be many years.

Warning:This information is accurate on the 25 September 2014. 

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

Sources:Migration Institute of Australia

Do You Need Help in Relation to Australian Visas?

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

 (08) 7225 5091 or +61 8 7225 5091  

or

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

General Skilled Migration 190/489 - South Australian State nomination made easier for UK Canada NZ US and Rep of Ireland

Immigration SA has made it easier for citizens and current passport holders of exempt countries to apply for South Australian state nomination.

Exempt Countries include:

United Kingdom
Canada
New Zealand
United States of America
Republic of Ireland

If you are a citizen or passport holder of one of the listed exempt countries, you no longer need to provide an English test result (IELTS or OET) to Immigration SA regardless of Immigration SA’s English requirement for your occupation.

If you are an International Graduate of South Australia and a citizen or passport holder of one of the listed exempt countries, you can also access the Immigration SA work experience waiver for ‘available’ occupations. See point eight under eligibility requirements for information on how to qualify for a work experience waiver.

Please note you may still require an IELTS or OET to gain additional points on the Department of Immigration and Border Protection (DIBP) points test. Additionally Skills Assessing Authorities and Registration / Licensing bodies in South Australia have their own English / work experience requirements so people from exempt countries need to ensure they can meet those requirements prior to applying for state nomination.

Source and date of accuracy:

Immigration SA:

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

 This information is accurate on the 16 September  2014.  Immigration SA 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?

At Work Visa Lawyers we are experience in assisting applicants with the Expression of Interest, State Sponsorship and Visa application process for state sponsored subclasses 190 and 489.  We can also assist with the Independent 189.

If you require further information regarding an application or your Australian visa optionsyou can contact us through:

 (08) 7225 5091 or +61 8 7225 5091  

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

The Government has release a review report on the 457 program titled,Robust New Foundations: A Streamlined, Transparent and Responsive System for the 457 Programme.

The Report contains 22 recommendations, which include the following:

• $Labour Market testing requirements be abolished;

• A more flexible and adaptive approach to adding occupations to the 457 list (CSOL list), due to limitations of the current ANZSCO occupations.

• The exemption from the need to demonstrate the market rate should be aligned with the income level above which the top marginal tax rate is paid (currently at $180 000)

• No rises in the TSMIT  of $53,900 in the next two years

• Training Benchmarks - current training benchmarks be replaced by an annual training fund contribution based on each 457 visa holder sponsored, with the contributions scaled according to size of business.

• That the English language requirement be amended to an average score. For example, in relation to International English Language Testing System, the 457 applicant should have an average of 5 across the four competencies (or the equivalent for an alternative English language testing provider).

• Genuine position requirement - That before decision-makers refuse a nomination on the basis of the genuine position requirement, the sponsor be invited to provide further information to the decision-maker.

• Sponsorship - That Standard Business Sponsors should be approved for five years and start-up business sponsors for 18 months.

• That greater priority be given to monitoring 457 business sponsors and visa holders.

• Inter-agency cooperation - That there be greater collaboration between the department and the Australian Taxation Office to uphold integrity within the 457 programme and minimise the burden on employers.

• Fair Work Ombudsman- That the Fair Work Ombudsman’s current complementary role in monitoring compliance and referral of findings to the department for action should continue.

• Sanctions - That dedicated resourcing be made available to the department to enable the investigation and prosecution of civil penalty applications and court orders.

Comments by Chris Johnston, Lawyer and Registered Migration Agent, Principal of Work Visa Lawyers:

It is important to note, that this is a Report with recommendations, and that the recommendations have not been implemented.  We will post further news soon after any of the recommendations are implemented and become 457 requirements.

Sources:

Migration Institute of Australia

Australian Government Report:

http://www.immi.gov.au/pub-res/Documents/reviews/streamlined-responsive-457-programme.pdf

News release by Senator the Hon. Michaelia Cash:

www.minister.immi.gov.au/media/mc/2014/mc217716.htm

Warning -This information is accurate on the 13 September 2014.  

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

Do you Need Help with the 457 process, to be approved as a business sponsor or to get an Australian Visa for an employee?

If you require further information regarding an employer sponsored visa applications , either as an employer or an applicant, we can help you.

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

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

New employer sponsored  visa Agreements for Regional Areas in Australia - News and Commentary

Designated Area Migration Agreements (DAMA)  guidelines finalised:

The Assistant Minister of Immigration and Border Protection, Senator Michaelia Cash, has announced the finalisation of guidelines for Designated Area Migration Agreements (DAMAs).

A DAMA will:

·  allow employers in the designated area who are unable to recruit Australian workers to employ overseas workers

·  have a salary concession of up to 10% for the TSMIT (the minimum wage could be $48,510)

·  not undercut Australian workers wages

·  require employers to meet Subclass 457 sponsorship obligations, including meeting training benchmarks

·  allow for skill and English language concessions

·  allow for some semi-skilled occupations

A pilot agreement has been finalised with the Northern Territory Government.

Media responses on the DAMAs:

Here is a media report on some speculation as to the effect of the DAMAs:

http://www.news.com.au/national/cheaper-foreign-workers-under-new-federal-government-plan/story-fncynjr2-1227040800090

Commentary by Chris Johnston:

The DAMA appears to fall within the area of Labour Agreements. 

Labour Agreements have in the past taken considerable time and patience on behalf of the relevant employer to be approved.   Base on previous records, the DAMAs are unlikely to lead to a flood of cheap foreign workers.

Sources:

Migration Institute of Australia

News release by Senator the Hon. Michaelia Cash:

http://www.minister.immi.gov.au/media/mc/2014/mc217447.htm

News Media: http://www.news.com.au/national/cheaper-foreign-workers-under-new-federal-government-plan/story-fncynjr2-1227040800090

Warning -This information is accurate on the 31 Aug 2014.  

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

Do you Need Help with an Australian Visa?

If you require further information regarding an employer sponsored visa application , either as an employer or an applicant, we can help you.

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

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

Australian Government warning about increased processing times for Onshore Partner Visas

The Department of Immigration and Border protection has recently put this onscreen waring on its website in relation to Partner visa (subclasses 820 and 801):
“Average processing time for this visa is 12 to 15 months.​”

Why the increase in processing times?

The DIBP has not announced why processing times are going up for Partner visas.

As a registered migration agent I have notice an increase in inquiries about partner applications in the last six months.   So it could be that there are simply more applications, and so this could lead to greater processing times.

Sources:  DIBP website:

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

Warning -This information is accurate on the 23 August  2014.  

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

Do you Need Help with a Partner Application or Appeal?

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

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

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