Enrolled Nurse occupation status has changed on SA State Nomination List (SNOL) – the status is now ‘Special Conditions Apply’

Enrolled Nurse and SA State SponsorshipAvailability Downgraded to ‘Special Conditions Apply’ – effectively restricting sponsorship to SA Graduates

There has recently been a change to the ‘Availability Status’ of the occupation of Enrolled Nurse for SA state sponsorship.  The occupation availability has changed on the State Nominated Occupation List (SNOL). The status has been changed from ‘Low Availability’ to low availability.  

This change may be a concern for those who are looking for SA state sponsorship as a Enrolled Nurse.  The reason for concern is that it is only mid-way into the program year which started from 1 July 2013 and runs to 30 June 2014.  With the downgrade to ‘low availability’, Enrolled Nurse may at a later time be moved to the SA ‘Off-List’. The SA ‘Off-List’ is only available to SA graduates.

The special conditions apply criteria on the 26 January 2014 were as follows:

“South Australian international graduates currently residing in South Australia, interstate or offshore

South Australian international graduates must meet all state nomination requirements, as well as requirements 6.1 and either 6.2 or 6.3 depending on the qualification completed.

Occupations listed as “Special Conditions Apply” are available to:

6.1South Australian (SA) international graduates who studied at a South Australian institution.Applicants must have completed a CRICOS registered qualification in South Australia with a minimum duration of one academic year (CRICOS registered for a minimum of 46 weeks)

6.1.1Applicants currently residing in South Australia must have completed a Higher Education or Vocational Education and Training (VET) qualification in South Australia.

OR

6.1.2Applicants currently residing offshore or interstate must have completed a Higher Education qualification (Bachelor Degree or higher) in South Australia.

Documents required: a copy of the academic transcript and a letter of completion from the institution.

6.2Graduates with a Higher Education Advanced Diploma, Bachelor Degree or higher, must meet one of the following:

6.2.1Currently working in a skilled occupation (minimum 30 hours per week) in South Australia. The skilled occupation must be ANZSCO level 1 to 4 and listed on the State Nominated Occupation List (SNOL) or Immigration SA’s current Offlist.

OR

6.2.2Have met the general work experience requirement as per nomination criteria 7. If an applicant is claiming Australian work experience, 50% of this must be South Australian work experience.

Documents required for work experience: A letter from the employer confirming commencement date, job title, duties and tasks, salary and number of hours worked per week.

Consideration will be given to applicants (currently residing in South Australia) who are a PhD or Masters by Research SA graduates who don’t meet work experience requirement 6.2.1 or 6.2.2. To be considered, applicants must have an IELTS of 7.0 in each band score or 7.5 overall.

6.3Graduates with a VET Diploma or Certificate must be currently working in a skilled occupation (minimum 30 hours per week) in South Australia. The skilled occupation must be ANZSCO level 1 to 4 and listed on the State Nominated Occupation List (SNOL) or Immigration SA’s current Offlist. Priority will be given to applicants based on length of employment in South Australia.”

If you meet the SA State Sponsorship criteria, you should consider apply for State Sponsorship as soon as possible, while the occupation is still available on the list.

Enrolled Nurse still open in Qld and NT

However, NT is still sponsoring EN for both 489 and 190. QLD is sponsoring EN for 489.

With other states closing or placing restrictions on the Enrolled Nurse sponsorship, this will lead to higher numbers of applications for Qld and NT. 

SA is still sponsoring however, the ‘special conditions apply’ status restricts access to SA graduates.

Warning -This information is accurate on the 26 January 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:

The State Nomination Occupation List (SNOL): https://www.migration.sa.gov.au/SNOL_data

The eligibility requirement for SA state sponsorship: https://www.migration.sa.gov.au/node/104

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.  

Enrolled Nurse closed for ACT sponsorship for Australian Visas for this program year

ACT Government recently released an update on their website regarding Australian Capital Territory (ACT) Occupation List 2013-14.

http://www.canberrayourfuture.com.au/workspace/uploads/documents/act-occupation-list-2013-14-10-december-13.pdf

People who want to apply for subclass 190 or 489 visas need State Nomination from one or more State Governments.

Currently ACT is only nominating applicants for subclass 190 Only. In order to receive their Nomination, your occupation must be on their list and status should be still “open”.

The occupation of Enrolled Nurse was originally listed on their list however, due to high volume of application, this occupation is closed and no longer available until 30 June 2013.

However, this would highly likely be re-open for the ACT from 1^st July 2014.

Enrolled Nurse still open in SA, Qld and NT

However, NT is still sponsoring EN for both 489 and 190. QLD is sponsoring EN for 489.

SA is still sponsoring however, the availability is currently very low. Therefore if anyone would like to lodge their State Nomination to SA should be hurry.

Warning -This information is accurate on the 16 January 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. 

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.  

For this program year NSW is no longer an option for a subclass 190 Visa:

The NSW State Government has closed nomination for subclass 190 visas, providing the following information on their website:

“Skilled Nominated visa (subclass 190) – NSW nominations closed for 2013/14

NSW is pleased to announce that program targets for the Skilled Nominated visa (subclass 190) have been met for the 2013/14 financial year.  

Effective 24 December 2013, applications for NSW nomination for the subclass 190 visa will close. Applications received after this date will not be processed or returned. NSW will reopen for the subclass 190 visa nomination in July 2014. Information regarding 2014/15 applications will be posted on this website in July 2014.  

Thank you for your interest in migrating to NSW.  “

Try another Option:

If you are looking to migration to Australia, there is no need to despair, all other States and Territories are still sponsoring for Subclass 190 visas.

Source and Accuracy

Source: http://www.business.nsw.gov.au/live-and-work-in-nsw/visa-and-migration/skilled-sponsored-migration

This information isaccurate on the 06 January 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  

Enrolled Nurse occupation status changed on SA State Nomination List (SNOL) – further changes could result in an end to SA state sponsorship for Enrolled for visas 190 and 489

Enrolled Nurse and SA State Sponsorship Availability Downgraded

There has recently been a change to the ‘Availability Status’ of the occupation of Enrolled Nurse for SA state sponsorship.  The occupation availability has changed on the State Nominated Occupation List (SNOL). The status has been changed from ‘Medium Availability’ to low availability.  

This change may be a concern for those who are looking for SA state sponsorship as a Enrolled Nurse.  The reason for concern is that it is only mid-way into the program year which started from 1 July 2013 and runs to 30 June 2014.  With the downgrade to ‘low availability’, Enrolled Nurse may at a later time be moved to the SA ‘Off-List’. The SA ‘Off-List’ is only available to SA graduates.

If you meet the SA State Sponsorship criteria, you should consider apply for State Sponsorship as soon as possible, while the occupation is still available on the list.

What are the first Steps in relation to State Sponsorship for Enrolled Nurses?

To apply for state Sponsorship you will need a Migration Skills Assessment from ANMAC.

You will also need to lodge an Expression of Interest with the Department of Immigration and Border Protections (DIBP).

You will need to check the State Sponsorship criteria, which varies between different States and Territories.

Which States or Territories are Sponsoring Enrolled Nurses?

There are four States and Territories Currently Offering State Sponsorship – SA, Qld, ACT and NT.

If you are unable to meet the sponsorship requirements, then you can also consider employer sponsorship through the ENS 186 or RSMS 187.  The challenge for employer sponsorship, is finding an employer willing to offer you the required position to be sponsored.

Source: Immigration SA

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

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

This information isaccurate on the 04 January 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 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  

Why are Partner Visas Number one for Christmas?

Every year I notice that in the weeks leading up to Christmas there is a dramatic rise in the number of visa enquiries about Partner Visas. 

There may be a number of reasons for this and here are some of my explanations:

With the warmer weather and festive season, love may be in the air. 

·         It is common for WHV holders  to meet someone special that is an Australian Citizen or Permanent Resident, and to consider lodging a Partner Visa onshore. Working Holiday Visas holders often arrived in Australia in summer and often their visas are nearing expiry late in the year.  The number of working holiday maker visa holders in Australia on 30 September 2013 was 166 260.

·         Student visa holders often have a visa expiry date of the 15 March and so in December they may be considering their next visa, which if they are in a relationship with an Australian Citizen or Permanent Resident, may be a Partner Visa.

·         It could be that the approaching end of the year means that people start planning or the next year and a Partner visa may feature in the planning. 

Whatever the reason, if you are interested in applying for a Partner visa, or in being a sponsor for a Partner visa, then the following information may be useful.

Which Partner Visa should I you apply for?

Which one is best, depends a lot on your situation.

There are three main options in terms for partner visas.

·         Partner Visa Onshore

·         Partner Visa Offshore

·         Fiancé Visa (Prospective Marriage Visa)

The Partner Criteria are also very relevant if you are adding a partner to an existing visa.  When adding a Partner, the key difference, is that the application is based on one of the partners holding a relevant visa, and not on one of the partners being an Australian Citizen or permanent resident.   The common criteria of a spouse relationship – a continuing and genuine relationship to the exclusion of others, will apply.

I will provide some information on these various options.

Partner Visa Onshore – Temporary and Permanent

All partner visas must have a sponsor and a primary visa applicant. The sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen that is in a relationship with the primary visa applicant.

The primary visa applicant must be in a relationship with the sponsor.

To qualify for a partner visa you must be in a married or de facto relationship:

• The marriage must be recognised under Australian law or;
• The de facto relationship must have existed for 12 months prior to applying, unless you be able to show that compelling and compassionate circumstance apply. De facto relationships include same-sex relationships.

In some states and territories it is possible to register a relationship which can then mean the 12 months de facto requirement does not need to be met. 

You must be able to provide evidence to support the genuine and continuing nature of your relationship including:

·         Financial evidence supporting your mutual commitment to your partner.

·         Social and public nature of the relationship.

·         Evidence detailing your mutual and exclusive commitment to each other. Factors considered by the Department include the time spent living together and the length of the relationship.

The visa application can include dependent children and may be able to include dependent relatives.

Partner visas are usually a two staged process. You must first apply for a temporary (provisional) Partner visa, which allows you to travel to and live in Australia.

If you meet criteria including the relationship continuing two years after being granted the provisional visa, then you may be able to receive a permanent Partner visa.

In some circumstances, you may receive a permanent Partner visa straight away, such as when the relationship has been ongoing for several years or more, or when there are children of the relationship.

Partner Visa Offshore – Temporary and Permanent

The criteria are the same as for the onshore, as explained above.

The difference is that the application must be lodged offshore, at the closest Australian Embassy and the applicant must also be outside of Australia at the time of decision.

This type of visa is suitable for situations including:

·         The applicant is from a high risk country (by DIBP standards) and it is difficult or impossible to get a visitor visa to Australia.

·         The applicant has a visitor visa for Australia, but it has a ‘No Further Stay’ condition, which prevents an application from being lodged in Australia.

·         The applicant has a job outside of Australia and wants to be able to keep working in their job up until the time of a decision on the visa application.  In some circumstance it may be difficult to get an Australian visa with work rights prior to the partner visa being granted.

·         The visa applicant’s last Australian visa application which was lodged in Australia and was refused, and this has meant that schedule three criteria will apply to an onshore partner application, meaning an offshore application will be more attractive.

Fiancé Visa (Prospective Marriage Visa)

This visa allows a visa applicant to come to Australia and marry their sponsor within the required timeframe.

The sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen that is in a relationship with the visa applicant.

The primary visa applicant must be in a spouse relationship with the sponsor.

You must be able to provide evidence to support the genuine and continuing nature of your relationship including:

·         Financial evidence supporting their mutual commitment to your partner.

·         Social and public nature of the relationship.

·         Evidence detailing your mutual and exclusive commitment to each other.

·         Evidence of an intention to marry, including details regarding the planned marriage.

For a Fiancé visa the level of evidence required in relation to your relationship may not be as not high as it is for a Partner temporary or permanent visa.

This visa is often appropriate where it is not possible, or not culturally appropriate, for you to live together with your spouse for an extended period prior to marriage.

The sponsor and applicant are required to get married within nine months of the Fiancé visa grant.

Following the marriage you will have to apply for a Partner visa to allow you to continue to live in Australia.

Adding a Partner to Your Current Australian Visa?

Some Australian visas allow you to add your partner and dependent children. For example, this is possible for a temporary worker on a subclass 457 visa.

Partner Visa Refusals and appeals to MRT

Partner visa refusals can be reviewed by the Migration Review Tribunal (MRT).

We are able to assist you with the process.

Based in Adelaide South Australia, Immigration Lawyer and Migration Agent Chris Johnston provides migration advice to people and businesses from all over the world.

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.

Sources: BR0169 Temporary entrants and New Zealand citizens in Australia as at 30 September 2013, http://www.immi.gov.au/media/statistics/pdf/temp-entrants-newzealand-sep13.pdf

Warning -This information is accurate on the 15 DEC 2013.  

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. 

Enrolled Nurse and GSM visa applications

Enrolled Nurse has been on skilled occupation for long time. However, ANMAC had not started any skill assessment until recently. Since 1^st of July 2013, ANMAC started processing Skill Assessments for Enrolled Nurses. From that time forward, the major pathway of points based General Skilled Migration to permanent residency and provisional residency has been opened for Enrolled Nurses.   Enrolled Nurses also continue to have the options of Employer Sponsored Migration including ENS or RSMS.

State Nomination is available

If you are registered as an Enrolled Nurse either in Australia or New Zealand, there is an option for General Skilled Migration – subclass 190 or 489. Currently three State Governments are sponsoring Enrolled Nurse.

• ACT – Only 190 is available
• NT – both 190 and 489 are available

• SA – both 190 and 489 are available

South Australia

According to Immigration SA, current availability for the occupation of Enrolled Nurse is “medium” whereas, Registered Nurse remains as “High Availability”.  If South Australia continues to receive high numbers of GSM applications for Enrolled Nurses, then the occupations status my shift to ‘low’ availability, then ‘special conditions’ and finally may be removed from the list.  From the 1 July 2014, a new occupational ceiling will be released by DIBP, and then Immigration SA may reset the availability to ‘High”.

Each year Department of Immigration and Border Protection (DIBP) sets “occupational ceiling”, which means once one occupation reached to that number, no more invitation will be approved. Current occupational ceiling for Enrolled Nurses and Registered Nurses are 1,260 and 11,940 respectively.

SA Criteria for SA Nomination

You are required to have followings:

• Aged under 50 and
• Registered with AHPRA and
• have a positive skill assessment from ANMAC and
• IELTS 7.0 in each band or OET B in each components
• At least one year experience after Qualification – this must be experience as an Enrolled Nurse. Experience as a carer is not counted. If the applicant only has one year experience, at least 50% of the experience should have been obtained from SA or the applicant has met the minimum work experience requirement and is currently working in a skilled occupation in South Australia (and has been employed in that position in South Australia for a minimum of three months)

SA Special Exemptions

If you have studied at least 46 weeks and completed a qualification in South Australia, even if you don’t meet all of the criteria, you may be still eligible for SA Nomination if

• Work experience exemption

o   If you achieved an IELTS score of 7.0 in each band or 7.5 overall and continue to reside in South Australia – work experience is exempted

o   Currently working in a skilled occupation (minimum 30 hours per week) in South Australia. The skilled occupation must be ANZSCO level 1 to 4 and listed on the State Nominated Occupation List (SNOL) or the Immigration SA current Offlist.

•      English Exemption

o   If you are already registered and working in South Australia as an Enrolled Nurse, you may be still eligible for State Nomination with IELTS 6.0 if you meet all other criteria

ANMAC – Skill Assessment

ANMAC is the skill assessment authority for Nurses. They are currently assessing skills for Enrolled Nurses who are registered either in Australia or New Zealand. If you are an Enrolled Nurse registered elsewhere and would like to get a positive skill assessment for Migration Purpose, please contact AHPRA to get registration in Australia first.

Current Skill Assessment processing time for Enrolled Nurses is at least 16 weeks.  Since September 2013, ANMAC also decided to return all application which is incomplete rather than process and let candidates know what documents are required further. Therefore, if you do not wish to waste time, it would be wise to be extra careful when you are preparing skill assessment documents.

More Nursing Positions

IHW spokesperson, Dr Adrian Webster said the report, Nursing and midwifery workforce 2012, showed there were about 334,000 nurses and midwives registered in Australia in 2012, or 6.8 per cent more than the 313,000 registered in 2008. Dr Webster said of those employed in nursing and midwifery, more than 238,000 were registered nurses (including midwives) and about 52,000 were enrolled nurses. (http://www.ncah.com.au/news-events/more-nurses-and-midwives-working/1967/)

Warning -This information is accurate on the 07 DEC 2013.  

DIBP and the ASC 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 in Relation to a Skills Assessment 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 a skills assessment 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.  

The ACS has announced changes to skills assessments that will effect Australian ICT graduates!

The skills assessment criteria up until the 14 Jan 2014 does not require any experience for Australian Graduates with a Bachelor or higher and an ICT Major.  From the 15 January 2014 to get a full skills assessment for migration purposes Australian Graduates with an ICT Major will need to do a ACS professional year or have one year of work experience.

Here is a summary of the changes, released by the ACS on 28 October 2013:

“The following changes will come into effect on Jan 15, 2014:

· The ACS Temporary Graduate – 485 skills assessment will clearly state that it is specifically for the purpose of applying for a subclass 485 visa application. Applicants with an Australian study component that are applying for a subclass 485 visa will be assessed on the Australian qualification only, based on the completion of the relevant Australian Bachelor degree or higher.

· Applicants with an Australian study component that wish to apply for permanent residency will require either 1 year of relevant work experience or completion of an ACS Professional Year Program to receive a suitable skills assessment which can be used for general migration purposes.

· The ACS Post Australian Study skills assessment is intended to support graduates in applying for permanent residency under the General Skilled Migration or Employer Nomination Scheme after completing an Australian study component.

· The Australian study component is taken into consideration because of the value of studying in Australia and the exposure to Australian culture and language, which in turn places applicants in a better position to be employed in their nominated occupation.

· The work experience or professional year program is assessed for suitability of the full skills assessment and the applicant is considered skilled from the completion date of the relevant Australian degree. The Post Australian Study skills assessment can be used for migration purposes in general.”

What are the Requirements for the ACS professional year?

The professional year must meet the following criteria:

“The PYear Program delivers:

• 44 -52 weeks practical training, face to face study and workshops 
• 12 week hands-on internship with a host company 
• access to networking opportunities and professional development as a graduate member of the Australian ICT industry's professional body 
• on successful completion of a Professional Year program specified by the Minister, a participant may be awarded 5 points under the Skilled Occupation List (SOL)”

Source: https://www.acs.org.au/migration-skills-assessment/professional-year-program

Who is currently providing the ACS professional year?

Education providers that are currently offering products in relation to the ACS professional year include: 

• Navitas - http://www.navitas-careers-and-internships.com/programs/professional-year-program/information-and-communications-technology/
• Swinburne University of Technolgy - http://www.swinburne.edu.au/college/professional-year-programs/

Performance Education - http://www.performanceeducation.com.au/professional-year/professional-year-streams.html

• Professional Pathways Australia - https://ppa.edu.au/professional-year/professional-year-for-it/

Holmesglen - http://www.holmesglen.edu.au/programs/language_centre/professional_employment_programs/professional_year_program_for_computer_sciences

How Much will the professional year cost?

From the courses I have surveyed above, the fees for the ACS approved professional year appear to be in the range fo $11,000 to $13,000 for the course.

Sources:

ACS press release: http://www.acs.org.au/news-and-media/news-and-media-releases/2013/acs-announces-graduate-skills-assessment-application-process-changes

http://www.acs.org.au/migration-skills-assessment

Warning -This information is accurate on the 02 DEC 2013.  

DIBP and the ASC 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 an ACS Skills Assessment or Visa Application?

If you require further information or assistance with a skills assessment or visa application , 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.

On the 23 November 2013 the new 457 Labour Market Testing Requirements (LMT)  commenced.  The LMT requirements apply to the nomination stage of the 457 process.

The requirement under Legislative Instrument is that the period in which the advertising of the nominated position must have been, is within 12 months.

Exemptions to LMT:

There are exemptions to LMT based on:

·         occupation level

·         International Obligations.

Exemptions Based on Occupation Level:

There are exemptions for occupation that areANZSCO as Skill Level 1 or 2.

Skill Level 1 are occuptions that require an Australian Degree Level qualification or at least five years of relevant experience may substitute for the formal qualification.

Skill Level 1 occupations include:

General Managers; Farmers and Farm Mangers; Accountants; Medical practitioners; Analyst Programmer; Developer Programmer; 

Skill Level 2 are occupations that require an AQF Associate Degree, Advanced Diploma or Diploma qualification or at least three years of relevant experience including:

Customer Service Manager; Café and Restaurant Mangaer.

Major Occupations not exempted from LMT – Engineering and Nursing

While most occupations requiring the level of education stated above are exempted from LMT, if the qualification or experiences are in the field of following groups, LMT must be done prior to lodging Nomination application.

·         Engineering (including shipping engineering)

·         Nursing

Exemptions Based on International Obligations:

There are also exemptions based on Australia’s International Trade Obligations.

These are available where your business currently operates in a World Trade Organisation member country and is seeking to establish a business in Australia, where the nominated occupation is listed below as an “Executive or Senior Manager.

The definition of ‘Executive or Senior Manager’ is given a very wide interpretation, according to the DIBP website includes:

Registered Nurse, Driller, Welder, Automotive Electrician, Motor Mechanic (General), Diesel Motor Mechanic, Motorcycle Mechanic           

See the list on the DIBP website:

http://www.immi.gov.au/Visas/Pages/457.aspx?tab=4%20in%20the%20%E2%80%9CWho%20can%20nominate?%E2%80%9D%20section.

LMT will be necessary for Trade Level Occupations and below, if no exemptions apply:

At a practical level, this means that LMT will be necessary for trade level occupations which are ANZSCO Skill level 3  and for any occupations with ANZSCO skill levels below level 3.  For example Machinery Operators and Drivers which are Skill level 4 includes the occupation of Driller, which is on the ANZSCO.

This means that unless exemptions are available through International Obligations, LMT will be necessary for a number of occupations including: Electrician (general); Plumbers; Bakers; Painters; Drillers.

What level of LMT will the DIBP accept?

Details on the LMT expected can be found on a DIBP Q and A, which included the following:

“Q. What information do I need to provide as evidence of having conducted labour market testing?

A. You must provide information about all advertising or other recruitment efforts undertaken in relation to the nominated occupation in the preceding twelve month period. You must provide information about where those advertisements/recruitment activities took place, the dates they occurred and the geographic target audience of the advertising/recruitment efforts. You must provide information about the outcome of those activities including the number of applications received, the number of applicants hired and the general reasons why the other candidates were unsuccessful.

You can use the Domestic Recruitment Summary Table to summarise this information for the purpose of providing evidence of labour market testing with your nomination. It can be downloaded from the department’s website at http://www.immi.gov.au/Visas/Pages/457.aspx?tab=4

Q. Is advertising in social media channels such as Facebook an acceptable form of labour market testing?

A. Use of social media to advertise a vacant position(s) is acceptable. As with all other forms of advertising or recruitment efforts, you will need to provide information about the process you undertook and the results the advertising produced.

Q. Do I have conduct paid advertising to meet the labour market testing evidence requirement?

A. No. Paid advertising will not be considered more favourably than free advertising for the purpose of evidencing labour market testing.

Q. Do I have to provide details of the recruitment process such as records of interview or copies of job applications received?

A. No.

Q. Is advertising on my company’s own website an acceptable form of labour market testing?

A. Yes.

Q. My company uses an external recruitment agency. Is this an acceptable form of labour market testing?

A. Yes, however you are still required to provide information about the recruitment efforts undertaken on your behalf and the outcome of those activities.

The Department of Immigration and Border Protection has provided a Domestic Recruitment summary Template, to assist employers with the process of supplying information about the advertising process.

Redundancies and LMT
If an Australian citizen or permanent resident has been retrenched or made redundant in your business, or an associated entity of your business, within the four months prior to lodging your nomination, you must also provide information about those redundancies or retrenchments.”

What the Government has said about the LMT for 457 visas

In a press release on the 15 November 2013, Senator Michaelia Cash, the Assistant Minister for Immigration and Border Protection, gave her summary of the governments new LMT implementation.

The following is stated:

“The government announced today it will adopt a sensible approach to the implementation of new rules requiring employers to test the local labour market before seeking to employ an overseas worker on a subclass 457 visa. …

Guidelines released by the Department of Immigration and Border Protection for labour market testing recognise a broad range of recruitment activity as being an acceptable demonstration of labour market testing, and the time period in which labour market testing evidence will be valid for will be 12 months.”

Commentary by Chris Johnston, Principal Lawyer and RMA at Work Visa Lawyers:

The Labour Market Testing as announced will add an extra layer of effort for many employers, looking to nominated a position for a 457 visa.

There are a number of exemptions, which need to be examined carefully for each potential nominated position, to determine if LMT is required.  Many conventional professions, are exempted through their AZNSCO skill level. However Engineering and Nursing occupations are not exempted and do required LMT.  The trades will be hardest hit.  But even some trade positions will be exempted, depending on where the applicant is coming from – if a World Trade Organisation company, and being sponsored by a business where there is a parent business overseas.

If LMT is required, then the requirements for advertising are relatively broad, compared to what is required for the Direct Entry RSMS 187 visa, by many Regional Certifying Bodies.

The LMT must be within 12 months of the nomination, and the ranges of types of advertising available, include any of the following, paid online or paper, through a recruitment agent, online free adverts and even adverts through a sponsors own website.

Sources:

Migration Act 1958 - Determination of Specified Period in Which Labour Market Testing Must be Undertaken - IMMI 13/136 - F2013L01953

Migration Act 1958 - Specification of Occupations Exempt from Labour Market Testing - IMMI 13/137- F2013L01952

Migration Act 1958 - Legislative Instrument IMMI 13/138 [F2013L01954]

http://www.minister.immi.gov.au/media/mc/2013/mc209591.htm

Warning -This information is accurate on the 23 Nov 2013.  

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

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

Australia has mad numerous changes in the last two years, which make it more difficult and expensive to get an Australian visa.  One of these has to be to add a Subsequent Temporary Application Charge to persons applying for their second temporary visa while in Australia.  The charge is AUD $700.00 per peron.   This chages often applies to those looking to apply for a tourist visa while in Australia, if they had previously  applied for a temporary visa while in Australia.

Perhaps Australai could learn from its neighbours and try to boost the economy through stragic positive visa changes.

Indonesia will relax tourism visa restriction for economic reasons.

In an article titled ‘Relaxed Travel Restrictions Planned in Tourism Push’, Francezka Nangoy wrote on 6 October 2013:

“Indonesia will loosen up its tourist visa application process, in a move that should help boost the nation’s tourism industry.

“Indonesia has an important agenda in the tourism industry considering how many people are employed [in this industry], Tourism and Creative Economy Minister Mari Elka Pangestu said in a press meeting in Bali on Friday as quoted by the Ministry of Information and Information Technology.”

For the full story:

http://www.thejakartaglobe.com/business/relaxed-travel-restrictions-planned-in-tourism-push/

The comments of opposition leader Steven Marshall are reported by Journalist Liam Mannix.  On 27th September at the Urban Development Institute of SA lunch at the InterContinental in Adelaide Steven Marshall said:

“Certainly I will be sitting down with my Coalition federal counterparts as early as I can to talk and to lobby them about preferential immigration status for us here in South Australia,” 

“Yes, some people could say we’ve got that at the moment … and so does Western Australia, which sort of nullifies any advantage that we’ve got.

“The regional status that we’ve got, the advantage that we had for quite a considerable amount of time where we were making up some ground, or at least diminishing our flows out of the state, was really before WA got its own regional immigration status.

“So that’s not the advantage that it was.”

Source:

Marshall to lobby for more migrants LIAM MANNIX 

http://indaily.com.au/news/2013/09/30/marshall-to-lobby-for-more-migrants/