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

“Change in procedures for incomplete applications

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

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

…

Hints for completing an eligible application

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

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

Source: Immigration SA

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

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

Need Help?

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

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

 (08) 7225 5091 or +61 8 7225 5091  

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

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

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

MRT waiting times are dropping fast

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

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

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

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

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

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

So this raises the question:

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

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

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

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

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

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

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

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

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

Sources:

The Migration Institute of Australia

The MRT:

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

Do You Need Help in with taking a refused visa application to the MRT or RRT?

If you require assistance in relation to the MRT or RRT, we have the experience to give you the best chance of success.

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.

Recently South Australian State Government announced that 18 high demanding occupations including Cooks and Hairdressers are included on their SNOL (State Nomination Occupation List). This means Cooks and Hairdressers with a positive full skill assessment and IELTS 6.0 in each band might be eligible for Skilled Nominated visas such as subclass 190 (Permanent) and 489 (Temporary).

Several years ago, Cooks and Hairdressers were removed from SOL (Skilled Occupation List). These occupations remained in the CSOL (Consolidated Skilled Occupation List), therefore people still can apply for 457 visa and/or ENS or RSMS. Currently SA, NT and TAS governments are nominating both occupations for subclasses in Australia.

Note: This table only described whether Cook and Hairdressers are on State Nomination Occupation List in each State or Territory. Each State or Territories has different English and work experience criteria therefore this table itself does not guarantee successful State Nomination at all.

Unfortunately, Nominated pathways requires full skill assessment, therefore people who holds provisional skill assessment or skill assessment for 457 is not eligible for this pathway.

Those people who holds subclass 489 is allowed to remain in Australia maximum 4 years. Within 4 years, if they meet the requirements, they can apply for subclass 887 which is permanent resident visa. Basically, they need to remain in the Sponsored State at least 2 years and work over 35 hours per week for 52 weeks.

If you would like to find out whether you are eligible for either 489 or 190, please contact us to 08 7225 5091 or This email address is being protected from spambots. You need JavaScript enabled to view it. for an initial consultation. 

New Resources are available on the ANMAC website to assist applicants and Registered Migration Agents to prepare skills assessments for Enrolled Nurses.

This is in response to the large number of applications and resulting delays in processing times of skills assessments, which can be in excess of 16 weeks or more.

ANMAC has release the following statement:

“New resources to assist with the submission of supporting documents for migration skills assessments

Background

The Australian Nursing and Midwifery Accreditation Council (ANMAC) assesses the skills of nurses and midwives who want to migrate to Australia under the General Skilled Migration Program. We are the independent assessing authority authorised by law to conduct these assessments by the Department of Immigration and Border Protection (DIBP).

Situation analysis

ANMAC continues to review the migration skills assessment process and implement Quality Improvement strategies. An unprecedented increase in application numbers during the past 12 months has created an additional administrative burden on ANMAC assessors especially where the submission includes incorrect supporting documents and incomplete applications.

A project was undertaken to review of documents submitted for migration skills assessments.

The review revealed common errors among applicants and/or agents with the supporting documentation submitted for an assessment.

Common errors include:

·         Incorrect registration certificates (from Australia, New Zealand and elsewhere in the

world.

·         Misunderstanding the declaration and photograph requirements on the cover letter.

·         Not submitting graduation certificates.

·         Submission of professional references that do not meet ANMAC requirements.

·         Enquiries relating to the process for requesting a certificate of registration status (CoRS) from the Australian Health Practitioner regulation Agency (AHPRA).

New resources available

To continue to process applications in a timely manner, ANMAC has included information and examples for providing the correct supporting documents on the International Services resources page of the website. Applicants and agents are encouraged to use these support tools when gathering supporting documents for migration skills assessments. This will allow the applicant and/or their nominated agent to review the requirements for each document before resubmitting the application.

ANMAC provides specific advice to assist agents and their clients in gathering only the required documents for the skills assessment process. Upon completion of the online application an email is sent to the applicant/agent that has a link to the ANMAC supporting documents information. The new resources will complement the checklists emailed to applicants and/or agents at the completion of the online application.

This project is the latest in a number of developments already undertaken by ANMAC to improve assessment times, including:

·         New website that incorporates a more user friendly interface and articulates

assessment information succinctly.

·         New database to improve information storing and reporting.

·         Increasing number of assessors and support staff.

·         Increasing attendance at Migration Institute of Australia continuing professional development sessions and other stakeholder events to inform agents of ways to minimise barriers to their clients’ assessment process.

·         Checklist for required documents to ensure only those required documents are provided.

·         New policy for returning applications with excessive documentation.

The new resources will reduce the unnecessary administrative burden on the ANMAC

assessors allowing for faster assessment times while ensuring that responsibility for the

submission of correct documents appropriately resides with the applicant and/or their

nominated agent. We appreciate your support and assistance with these new resources. “

The Resources are available through this link:

http://www.anmac.org.au/resources

Warning -This information is accurate on the 09 April 2014.  

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

Sources:

http://www.anmac.org.au/resources

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 189, 190 and 489 visas and Employer Nomination Scheme applications.

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.  

Immigration SA has added 18 new occupations t the State Occupation list including some very common occupations – Cook, Hairdresser, Customer Service Manager and Database Administrator.

This is a major change and provides opportunities for persons all over Australia and from overseas as well.

Please see the full text of the Immigration SA news release below:

“The South Australian Government, in collaboration with local industry, regularly conducts research to identify skill needs in the local labour market.

Immigration SA is the State Government agency responsible for international migration to South Australia.  We offer pathways to permanent residency for skilled migrants who have occupations that are in-demand.

South Australia’s occupation lists are live.  Any changes made to the lists are visible immediately, enabling you to see which occupations are currently available for state nomination.

The table below details eighteen new occupations added to the State Occupation list.

The new occupation lists

There are now two state nomination occupation list for South Australia:  the State Occupation list and the South Australian Graduate list.  

• Occupations on the State Occupation list are available to all applicants including South Australian international graduates.
• The South Australian Graduate list, previously known as the off list, is for graduates who have completed a Bachelor degree or higher in South Australia.
• The subscription functionality enables you to stay up to date with changes to the occupation lists and the news and events page as changes occur.
• The details of the relevant skills assessment authority for each occupation is now included in the lists.

Remember, to be eligible for state nomination applicants must have a positive skills assessment from the relevant authority for their nominated occupation.  Applicants must also meet all of the federal and state requirements for the visa being applying for.”

Warning -This information is accurate on the 08 April 2014.  

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

Sources:

The Immigration SA website:

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

Do You Need Help in Relation to a Skills Assessment or visa application for an occupation on the SA State Sponsorship list?

At Work Visa Lawyers we are experienced in assisting with skills assessment to enable applications for skillselect subclass 189, 190 and 489 visas and Employer Nomination Scheme applications.

We can help you with state sponsorship and visa application for occupations including: Cook, Hairdresser, Customer Service Manager and Database Administrator

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.  

Skilled Nominated (subclass 190) visa – Closure of ACT nomination program to overseas applicants for 2013/14

The ACT government has released to following information today:

"The Australian Capital Territory (ACT) is pleased to announce that program targets for the Skilled- Nominated (subclass 190) visa have been met for the 2013/14 financial year.

Effective close of business today (25 March 2014), applications for ACT nomination from overseas residents will not be accepted.  If your clients are living overseas, they will not be able to apply for ACT nomination of a Skilled Nominated (subclass 190) visa until the program reopens in July 2014.

If your clients are living in Canberra and working in a skilled occupation, they are still able to apply for ACT nomination of the Skilled Nominated (subclass 190) visa providing  they meet the current nomination criteria."

Source: Migration and Information Services | Economic Development Directorate | ACT Government

This information isaccurate on the 25 March 2014.   State or Territory Nomination/Sponsorship bodies will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Need Help?

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

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

The nomination ceiling is the limit of positions that a 457 sponsor is allowed to nominate under the 457 program. 

The PAM3 - Sponsorship applicable to Division 3A of Part 2 of the Act – Sponsorship was amended on 14 February 2014 to remove references to sponsorships ending on the event of the number of approved nominations (the nomination ceiling) being reached.

Policy relating to Reg 2.63(2) now refers only to the end date of approval of the sponsorship as the expiry of the approval.

Sponsorships approved after the 14 February 2014 will be able to keep making nominations, after the requested number of nominations has been reached, as long as the three year sponsorship approval is still valid.

Sponsorship approved before the 14 February changes will still be subject to the sponsorship ceilings, and will cease once the ceiling is reached.

Reaction from Interest Groups:

Various media have reported the change as the opening of a loophole or similar negative event.

http://www.smh.com.au/federal-politics/political-news/rort-fears-as-457-visa-loophole-reopened-20140311-34kgr.html

http://au.news.yahoo.com/a/21937663/shorten-worried-about-flood-of-457-visas/

Commentary by Chris Johnston:

The removal of the Sponsorship ceiling does not mean that 457 visa applications and 457 sponsors will be without appropriate conditions and monitoring.

The nomination ceiling was only one of the many limitations and check that are part of the 457 process.  The 457 is still subject to many criteria designed to protect Australian workers and Australian wage standards.  These include that the salary for the nominated position must be above the TSMIT, which is currently $53,900.00.  Another protection is the requirement that the salary be at the Market Salary paid to equivalent Australian workers.

The Department of Immigration monitors 457 sponsors to make sure that the approved 457 conditions are met by the employer.    If breaches are found then sponsorship bars, sanctions and fines can be imposed.

The 457 ceiling has previously been introduced and then subsequently removed.  So the cycle of changes continues.

Sources:

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

Migration Institute of Australia

Warning -This information is accurate on the 16 March 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 a 457 visa?

If you require further information regarding a 457 application , either as an employer or an applicant, we can help you.

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

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

 The Government of Western Australia have recently released new criteria for WA state sponsorship for subclass 190 and 489 visas.

The following are significant changes to the criteria:

- English Requirements:

Managers and Professionals (Group 1 and 2 in ANZSCO)  who are on the WA State Migration Plan must obtain at least 7,7,7,7 in the IELTS or a minimum of all Bs on the OET test. Other groups of occupations still require just 6,6,6,6.

There are still English requirement exemptions those holding a UK, USA, Canada, Ireland or NZ passport.

- Work Experience Requirements:

 All applicants must meet the minimum work experience requirement of:

        ◦ at least one year of Australian work experience in the nominated (or closely related) occupation over the last ten years; or

        ◦ at least three years of overseas work experience in the nominated (or closely related) occupation over the last ten years; and

- Job Offered Required even for Offshore applicants:

If your occupation is on Schedule 2 of the WASMOL you must have a job offer for both a 489 and a 190 application, even if you are applying from overseas.

Source and Accuracy

Source: http://www.migration.wa.gov.au/SiteCollectionDocuments/skilled_migration_criteria_2013-2014%20(4).pdf

This information is accurate on the 02 February 2014.  States and Territories will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Need Help?

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

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

The DIBP has embarked on a campaign to inform students of the risks of changing from a streamlined course to a lower course. 

“Changing course advice for streamlined visa holders

If you want to change to a new course and you were granted a visa under the streamlined visa processing arrangements you must maintain enrolment in a streamlined visa processing eligible course (or package of courses) with an education provider participating in the arrangements.  ... ...

Important: If your new course is not with an education provider participating in the streamlined visa processing arrangements, read the information below about changing education providers.

If you enrol in a course (or package of courses) that is not eligible for streamlined visa processing, you no longer meet the criteria for which your visa was granted and may be considered for visa cancellation.”

From the DIBP Migration Blog:

“Moving from a university to a vocational education course

·         You must complete six months of the highest qualification course in which your visa was granted before changing courses with a different education sector.

·         You must obtain a new visa to study in a different educational sector.

Names of people and education providers in this story are fictional for the purposes of this case study.

Mandeep was enrolled with the Eucalyptus University to study a Bachelor of Accounting. She was granted a  Higher Education Sector (subclass 573) visa.

After commencing her bachelor degree, she was informed by a friend she could study her course faster and cheaper at a different institution. Mandeep thought this sounded like a good option as she wanted to get her degree as fast as possible. She thought she may have a problem with her visa if she changed her course.

Mandeep phoned the Department of Immigration and Border Protection to see if she could move to this cheaper institution. After confirming all the details of Mandeep’s case, the immigration officer told Mandeep her visa was granted under streamlined visa processing arrangements with the Eucalyptus University—if she changed to a non-streamlined education provider while holding a streamlined student visa, she may be in breach of a condition of her visa (condition 8516).

The immigration officer informed Mandeep that if she wanted to change education provider she would have to choose one of the following options:

·         transfer to another streamlined institution

·         remain in her current course and apply for a new student visa (after completing six months of her principal course) with a letter of offer or confirmation of enrolment from the new provider

·         depart Australia, request the voluntary cancellation of her student visa and then apply for a new student visa with a letter of offer or confirmation of enrolment from the new education provider.

Mandeep decided to move to the cheaper institution, regardless of the information she had found out about her visa. Shortly after, the department contacted her and issued a Notice of Intention to Consider Cancellation for her student visa.

Mandeep responded to the notice and provided reasons why her visa should not be cancelled. The department considered her response and proceeded to cancel her student visa for breach of condition 8516.

Mandeep was upset and regretted not abiding by the conditions of her visa. Mandeep no longer held a visa to remain lawfully in Australia and made arrangements to return to her home country.”

Warning: This information is accurate on the 02 February 2014. 

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

Sources: https://www.immi.gov.au/Study/Pages/changing-courses.aspx

http://migrationblog.immi.gov.au/2014/01/14/changing-courses-changes-everything/

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

The problem for many students is that this information campaign will be too late and they have already made the change and face student visa cancellation.

Options in this case may include applying for the correct visa prior to any cancellation occuring. 

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.