Australian Immigration News Video May 2018 - SAF, TSS 482, Regional Visas

Friday, 12 January 2018

457, RSMS and ENS visa News | Partner Visa News | Australia Immigration Department News | State Sponsorship News | Citizenship | English Requirements News

Welcome to 2018! The year of 2017 had the most changes and announcements on Immigration Policy that I can remember. Here is our recap of the significant changes to the migration programme for Australia in 2017 and some of the discussions and ongoing developments for 2018.

The Immigration News in 2017 has been dominated by the announcements in April 2017 regarding the 457 and skilled occupation list changes and the proposed changes to Australian Citizenship application requirements.

The planning levels for permanent visas continue to be significant, at 190,000 permanent visas to be granted. The planning levels control the numbers of Australian permanent visas that are granted each year. If application numbers exceed planning levels, expect a longer processing time for your visa application.

I am going to make comments below about news in relation to a wide range of visas including business, skilled, visitor and family visas.

The US and the UK are tightening their immigration policies. President Trump implemented a travel ban and has repeatedly emphasised that he will be evaluating the country’s immigration policy and introduce tougher screening of visa applicants. While the travel ban has been removed by the US Federal court there is no stopping the President from giving out another executive order of similar nature. In the UK there has also been a stir up as the British government looks to cap the number of international students to the UK. The trend in the development of immigration policies in these two countries has startled migrants and temporary-stay workers and students, who now ponder their future in the US or the UK.

This presents Australia with an opportunity to attract genuine skilled professionals, aspiring students and potentially business and investor migrants to Australia. The US and the UK have long benefited from their preferred migrant destination status for many years, with many entrepreneurs, technology innovators and brilliant scientists settling down in the US or UK. Now Australia may stand to gain from opening its borders to attract talent, skills and investment from overseas.

What are the visa options available for Australia?

Welcome to 2017! It was a year full of changes for Australia’s migration policies in 2016. Here is our recap of the significant changes to the migration programme for Australia in 2016 and some of the discussions and ongoing developments for 2017.

The Immigration News in 2016 has been dominated by employer scandals and crackdowns by the Department of Immigration and Border Protection (DIBP).

While it may all sound like doom and gloom, the planning levels for permanent visas continue to be significant. 

The numbers of Australian permanent visas that are granted each year are controlled by planning levels. 

I am going to make comments below about news in relation to a wide range of visas including business, skilled, visitor and family visas.

The 12th Korean Culture and Food Festival brings to you a day of great food, fascinating culture and a pleasant time among the Korean community in Adelaide.

Details of the festival are as follows:

Date: Saturday 12 November 2016
Venue: Light Square (corner of Currie Street and Morphett Street)
Time: 10 a.m. to 4 p.m.

In continuing its support for the various communities in South Australia Work Visa Lawyers will be in attendance and you will be able to meet Principal Migration Agent and Lawyer, Chris Johnston and Senior Migration Agent Christine Lee at one of the booths set up at the festival. Come have a chat with us or speak to us for free* about an Australian visa query or question you may have.

Further details about the festival below:

We look forward to seeing you there!

*Complimentary 10 minutes consultation.

With the Australian Parliament back in motion, developments to the Australian visa programme have been announced in quick succession. Here are two recent news update that will be of interest to many.

Lower taxes, visa application fees and more for Working Holiday Visas holders

On 27 September 2016 The Hon. Scott Morrison MP, Treasurer for the Australian Government, released a media statement announcing a string of changes to the benefit of Working Holiday visa applicants and holders. The changes include:

- Lower taxes for working holiday visa holders

The $80,000 threshold is increasing to $87,000 for the 2016-17 financial year; tax paid calculation is based on the $80,000 threshold.

- Lower visa application fee for the working holiday visas

- A$ 10 million in funding to campaign for and attract youth around the world for the working holiday visa programme

- Allowing working holiday visa employees to stay with one employer for 12 months (instead of 6 months previously) provided the location of employment is different

Employers of working holiday visa holders will also need to register with the Australian Taxation Office (ATO) to withhold taxes at the 19 per cent tax rate. An additional A$ 10 million will be provided to the ATO and Fair Work Ombudsman (FWO) to address workplace exploitation of working holiday visa holders.

Working holiday visa holders will need to note that a 95 per cent tax applies for the Departing Australia Superannuation Payment (DASP), which will be effective from 1 July 2017.

New Temporary Visa for Parents to stay in Australia for up to 5 years

Assistant Minister for Immigration and Border Protection Alex Hawke recently announced the Department’s plan to introduce a new temporary visa for parents of Australian citizens, permanent residents and Eligible New Zealand citizens. Under the new temporary visa to be introduced parents who are sponsored by their Australian citizen, permanent resident or eligible New Zealand citizen child will be able to visit and stay in Australia for a period of up to 5 years.

The new temporary visa for parents is planned to be implemented in July 2017 and is currently at a community discussion stage. This means that details about the new temporary visa may change and the confirmed details may only be published closer to July 2017.

Information about the new temporary visa for parents currently includes:

- the validity of the visa is determined by the needs of the sponsor. As such the visa can allow parents to stay for one, three or five years

- the sponsor(child) must have resided in and contributed(be employed and paid taxes) to Australia

- the sponsor will need to demonstrate that they can support their parents in Australia

- the parents will need to have adequate health insurance

- a bond will be required for the duration of the visa validity

As mentioned this visa is currently not in effect and further details will be provided as they become available.

Sources:

1. http://sjm.ministers.treasury.gov.au/media-release/104-2016/
2. https://www.alexhawke.com.au/media/media-releases/new-temporary-visa-sponsored-parents

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

The changes announced for the Working Holiday visa holders are a good direction in attracting skilled youth to visit Australia. The working holiday visa programme provides casual and seasonal workers for the agricultural industry and is a big help to Australian farmers. Making the working holiday visa attractive is important for the agricultural and tourism industry of Australia. The big u-turn to the originally planned backpacker’s tax is helpful for the working holiday visa programme.

The announcement of the temporary visa for parents is also a good direction in allowing families to spend more time with each other. However it is worth noting that in the Productivity Commission Inquiry Report on Migrant Intake into Australia, No.77 released on 13 April 2016, it is noted that the report finds that the contributory fee (currently A$ 43,600) for the subclass 143 Contributory Parent visas are deemed insufficient to cover fiscal costs of granting a parent visa. It is estimated that the fiscal costs for a single parent visa holder ranges between A$ 335,000 to A$ 410,000. Based on this finding we may see a significant increase to the contributory fee soon.

If the contributory fee for parents does increase, it may drive more applicants to apply for the new temporary visa for parents. Check back with Work Visa Lawyers as we will provide you with the latest changes about the parent visas as they become available.

This information is accurate on 30 September 2016

Do you need help with an Australian visa application?

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

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

(08) 8351 9956 or +61 8 8351 9956

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

The new Entrepreneur Visa which was first mentioned in December 2015 will be open for applications before the end of 2016, according to the announcement by the Australian Government National Innovation and Science Agenda. The legislative instrument which lists the criteria for the new Entrepreneur Visa was registered on 6^th September 2016 and contains the following information about the new visa stream:

- The Entrepreneur visa will be part of the Business Innovation and Investment visa programme

- Applicants will need to submit an Expression of Interest (EOI) and be nominated by a State/Territory government

- The entrepreneurial entity should not be related to residential real estate or labour hire or involve purchasing an existing business or franchise

- The applicant needs to be below age 55 (unless exempted by the nominating State or Territory) and have Competent English (IELTS 6.0 in all components or equivalent English test results)

- One or more funding agreements for a total sum of at least A$200,000 must be obtained from an approved third party, which includes State and Territory governments, Commonwealth agencies, Publicly Funded Research Organisations, and investors registered as a Venture Capital Limited Partnerships (VCLP) or Early Stage Venture Capital Limited Partnerships (ESVCLP)

- The applicant must have a business plan outlining activities for the venture

Applying for Australian Permanent Residency as an Entrepreneur Visa Holder

The holder of the new Entrepreneur visa will be eligible for permanent residency through the Business Innovation and Investment (Permanent) visa (subclass 888) after holding the Entrepreneur visa for four years. The visa holder will also need to:

- Reside in Australia for at least 2 of the last 4 years

- Demonstrate success in the entrepreneurial venture, with consideration to:

• the number of Australian citizens and permanent residents employed by the venture
• the level and nature of funding and investment for the venture
• the annual turnover of the venture

- maintain an ongoing relationship with the nominating State/Territory Government (visa condition 8571)

As the Entrepreneur visa is at its early introduction stage, we will be bringing you more updates once they are available. Follow Work Visa Lawyers on Facebook, Twitter and Google+ to receive the latest news about Australia migration and visas.

UPDATE 12 September 2016

The success of the entrepreneurial venture is demonstrated by completing at least two key success factors or a combination of one key success factor and three supporting success factors.

Key success factors include:

• Employing two or more Australians, permanent residents or other eligible persons
• Generating an annual turnover of at least AUD300 000
• Filing a provisional patent or acquiring a standard or innovation patent
• Receiving ongoing funding or investment in your entrepreneur activity
• Entering into a partnership with a University
• Selling an entrepreneurial venture for AUD2,000,000.

Supporting success factors include:

• Diversifying entrepreneurial activities into other business areas
• Receiving a statement of success from a state or territory government nominator
• Receiving sponsorship from the corporate sector
• Starting at least one other business or contributing to at least two other businesses
• Receiving formal awards or recognition
• Raising or contributing to social capital.

Please check with Work Visa Lawyers if you have questions about the requirements.

Sources:

1. http://www.innovation.gov.au/page/supporting-innovation-through-visas
2. https://www.legislation.gov.au/Details/F2016L01391
3. http://www.border.gov.au/Trav/Visa-1/188-
4. http://www.border.gov.au/Trav/Visa-1/888-

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

While the visa requirements for the Entrepreneur visa look simple based on the information currently available, discussions with industry specialists have highlighted the fact that obtaining approved funding from an approved third party will not be easy and straightforward. The second stage will also require caution as the success factors to be demonstrated are not clearly defined at this moment.

Opportunities for Accountants and other potential migrants

The Entrepreneur visa may be helpful for visa applicants of other streams or categories who are facing long processing/waiting periods for their visa. A good example of this would be general skilled migration applicants who are accountants, but are sitting on less than 70 points on the points test. An innovative idea may allow the applicant to apply for the Entrepreneur visa, and obtain a visa faster than the general skilled migration visas.

More information will be provided once they are available.

This information is accurate on 7 September 2016

Do you need help with an Australian visa application?

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

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

(08) 8351 9956 or +61 8 8351 9956

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

The Administrative Appeals Tribunal (AAT) is the organisation responsible for reviewing decisions made by the Australian government. The Migration and Refugee Division (MRD) is a division under the AAT which reviews Australia visa decisions. Typically applicants and visa holders will submit an application for review when their visa application is refused, or when their Australian visa is cancelled. Additionally the MRD also reviews decisions regarding sponsorship and nomination under employer sponsored visas. Citizenship application decisions are also reviewed by the MRD.

When a decision is being reviewed by the Tribunal one of the following results occur:

• the decision is affirmed (i.e. there are no changes)
• the decision is set aside (i.e. the decision is substituted with a new and different decision)
• the original application (visa/citizenship/sponsorship/nomination) is remitted (i.e. returned) to the Department of Immigration and Border Protection (DIBP) for reconsideration with recommendations by the Tribunal on additional factors to be considered
• the decision is varied

The AAT conducts a merits review which is explained as follows on the AAT website:

“Merits review is an administrative reconsideration of a case. A merits review body makes decisions within the same legislative framework as the primary decision maker, and may exercise all the powers and discretions conferred on the primary decision maker.”

The Tribunal reviews the application afresh and may also consider new evidence or information submitted with the review application.

The AAT is independent of the DIBP and has the powers to review and reverse (set aside) the decisions made by DIBP.

AAT-MRD Statistics for 2015-2016

In the 12 months from 1 July 2015 to 30 June 2016 the AAT-MRD received 14,307 applications for review. The reviewed decisions include those for all Australian visas (including bridging visas) and exclude refugee and humanitarian visas.

The majority of the decisions submitted for review are:

• Partner visas (29%)
• Student visas (17%)
• Visitor visas (13%)
• Temporary work visas (11%)

During the same period a total of 12,511 decisions were handed out to active review applications. Out of the 12,511 decisions handed out:

• 37% were set aside
• 44% were affirmed
• 12% were withdrawn
• 7% were not reviewed (no jurisdiction or the review application was not submitted in time)

Other interesting statistics include:

• 46% of Partner visa reviews resulted in DIBP decisions being set aside
• 31% of Student visa reviews resulted in DIBP decisions being set aside
• 51% of Visitor visa reviews resulted in DIBP decisions being set aside
• 26% of Temporary work visa reviews resulted in DIBP decisions being set aside
• 23% of Nomination or Sponsorship approval reviews resulted in DIBP decisions being set aside

Should I submit a review to the AAT for my visa/sponsorship application that was refused?

You can submit a review application only if you are entitled for review rights. The decision to lodge a review application to the AAT depends on the circumstances of the visa/sponsorship refusal. Some of the common grounds for refusals include:

Partner visas – Schedule 3 issues, failure to demonstrate genuine relationship

Student visas – Meeting the Genuine Temporary Entrant (GTE) requirement, lack of financial capacity

457, RSMS and ENS visas – Demonstrating genuine position

Visitor visas – Meeting the Genuine Temporary Entrant (GTE) requirement

At Work Visa Lawyers we will assess the original application and supporting documents submitted and advise if the prospects for review are favourable. The Decision Record received by the applicant will also be studied in detail to identify weak areas of the original application and how we can address them in the review application.

What are my chances of success with the AAT-MRD review?

The chances of obtaining a positive outcome from the Tribunal to set aside a DIBP decision require the following:

- a thorough analysis of the refusal Decision Record

- in-depth knowledge about the visa applied and the requirements

- assessing the applicant’s circumstances and ability to address the issues highlighted by the DIBP delegate when deciding on the refusal

In summary it should be considered whether the applicant can provide better evidence or information that will meet the visa application requirements. If the original application can be improved then the chances for success with the review will be increased.

Applicants with complicated circumstances should also note that submitting an AAT review application is a pathway towards ministerial intervention. You can only request for a ministerial intervention if you have received a decision from the AAT. You should be aware that the Minister only intervenes in a small amount of cases and you should have unique or exceptional circumstances before applying for a ministerial intervention.

You can find out more about ministerial interventions here.

Sources:

1. http://www.aat.gov.au/resources/statistics
2. http://www.aat.gov.au/AAT/media/AAT/Files/Statistics/2015-16/MRD-Detailed-Caseload-Statistics-2015-16.pdf
3. http://www.aat.gov.au/AAT/media/AAT/Files/Statistics/2015-16/MRD-Migration-Caseload-Statistics-2015-16.pdf

This information is accurate on 25 August 2016

Do you need help with an Australian visa application or Review Application?

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

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

(08) 8351 9956 or +61 8 8351 9956

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

The Minister for Immigration and Border Protection Peter Dutton announced on Friday, 6 May 2016 that the Australian Department of Immigration and Border Protection (DIBP) will be introducing two significant changes for visitor visa applications from Singapore nationals.

The two changes to be introduced are:

1. Making Singapore an eligible country for the Work and Holiday Visa Programme
2. Allow Singaporeans to apply for a longer validity visitor visa with multiple entry features 

The inclusion of Singapore as an eligible country for the Work and Holiday visa means that Singaporean youths aged 18 to 30 years of age will be able to travel and work in Australia for a period of up to 12 months. It is expected that 500 places will be made available to Singapore for the Work and Holiday visa on an annual basis.

The availability of a visitor visa with a longer validity and the ability to make multiple entries will enable visitors from Singapore to travel easier and more frequently to Australia. It is expected that this will boost tourism numbers and improve bilateral understanding of the culture and environment between both countries.

The announced changes will be implemented at a later date and we will bring you further updates once more information becomes available from the DIBP.

This information is accurate on 12 May 2016

Source:

1. http://www.minister.border.gov.au/peterdutton/2016/Pages/Australia-enhances-visa-programme-with-Singapore.aspx

Do you need help with an Australian visa application?

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

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

(08) 8351 9956 or +61 8 8351 9956

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

Submitting a visa application is the first step in obtaining temporary or permanent residence in Australia. While most visa applications are finalised in 6-12 months, some visa applications such as the Partner Visa can take up to 24 months to finalise.

As such it is important to consider not only the documents, information and situation at the time of submitting your application, but also to be aware of what needs to be done until the visa is granted.

2018 Update & Related Articles: 

Partner Visa Sponsorship & Policy Update 2018: Changes Affecting Processing Times & Force Offshore Partner Visa Applications

What do you need to do after you have submitted your partner visa application?

24 months of uncertainty over the visa application outcome can add stress to the relationship between partners. It is important that the relationship remain strong throughout the application process and also continue to collect and build evidence that shows an ongoing and growing relationship. Even after submitting your application, you should continue to:

• gather documents that show co-habitation, such as utility bills in both names or letters to both addressed to the same address
• compile photographs of both together at social events
• share financial responsibilities and actively use joint bank accounts for financial transactions

There are more that can be done but the above are some examples that require continuation even after lodging your partner visa application. Case officers can call to ask questions, or make site visits to determine the authenticity of the relationship and application. Any deterioration or adverse effect to the relationship will decrease the chances of a successful visa application.

The 2 Year Provisional Period

Most partner visas that are approved are provisional for a period of at least 2 years from the date of visa application. While the applicant holds Australian temporary residency and has access to Medicare, the temporary residency status can be revoked if the relationship dissolves within 2 years from the date of visa application lodgement. Therefore it is important to note that the relationship must continue to exist for at least 2 years from the date when the Department of Immigration and Border Protection (DIBP) received the partner visa application.

Once the 2 years have passed the applicant and sponsor should pro-actively contact the DIBP if they have not received any contact from the Department. You can initiate the second stage assessment for the permanent partner visa by using the information and instructions on the Partner (Permanent) Calculator on the DIBP website. Usually the Department will send you correspondence for this so it is very important that you update the Department if your residential or correspondence address has changed over the 2 year period.

Once the assessment is completed the applicant will receive the permanent Partner Visa (subclass 801). You can only sponsor relatives when you receive the permanent Partner Visa.

What if there are complications to the relationship during the 2 year provisional period?

While it is a requirement to fulfil the 2 years before obtaining the permanent Partner Visa, it is possible to have the permanent visa granted earlier if the following circumstances occur:

• your sponsor or de facto partner dies, the relationship would have continued if they had not died, and you have developed close business, cultural or personal ties in Australia
• the relationship breaks down and there is a child of the relationship
• the relationship breaks down due to family violence

You will need to contact the Department immediately if the events above occur. It may also be helpful to seek the advice of a Registered Migration Agent first to assess the situation.

What if there is Domestic Violence?

There are provisions in the Migration Act to protect holders of the provisional partner visa against domestic violence. The provisions aim to protect provisional partner visa holders from being abused by partners who use the provisional visa status as leverage. While it is unpleasantly true that such cases do occur, the victims of domestic violence must provide enough evidence to the Department to support such claims.

You are advised to seek the advice of a Registered Migration Agent with experience in such cases to assess the evidence you have to claim domestic violence in the relationship.

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

The Australian Partner Visa application has been plagued with increasingly longer waiting periods and this has made the uncertain waiting period a test to a couple’s relationship. It will be harrowing to find out that the visa application is refused after waiting for close to 24 months. As such it is best to submit an application that is strong with supporting evidence at the beginning, to ensure the best chances of success for the application. Prepare your application well before submitting it to the DIBP.

Another note is that applicants with Schedule 3 considerations, where the applicant was unlawful in Australia at the time of application, are less likely to receive waivers as the Department has been very strict in assessing the “compelling reasons” criteria. If you are an applicant with Schedule 3 considerations, please check with a Registered Migration Agent first before lodging your Partner Visa application.

This information is accurate on 8 April 2016

Source:

https://www.border.gov.au/Trav/Visa-1/801-

Do you need help with an Australian visa application?

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

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

(08) 8351 9956 or +61 8 8351 9956

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

On 15 March 2016, the Department of Immigration and Border Protection (DIBP) introduced new provisions that allow priority processing of visitor visa applications for Chinese nationals. This program is being run as a trial for the moment, and may expand to include applicants of other nationalities at a later date.

The following are further details:

• The priority processing is only available to passport holders for the People’s Republic of China
• The request for priority processing is only available for applicants of the Visitor Visa Tourist or Business Visitor streams
• The fee for priority processing is A$ 1,000 in addition to the original visa application fee
• The method to request for priority processing differs according to your visa application lodgement method

While you can request for priority processing, there is no guarantee that the visa will be granted quickly. The DIBP repeatedly reminds you that the finalisation of the visa application also depends on factors such as the applicant meeting the health and character requirements. You cannot ask for a refund of the priority processing fee unless the visa application fee is refunded.

Therefore it is best that you prepare all necessary documents and complete all health and character checks before requesting for the priority processing.

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

The introduction of the priority processing looks positive in encouraging more visitors from China. It also demonstrates the improving bilateral ties between Australia and China. The option of priority processing may also facilitate travel plans for tourists and business visitors from China.

However it will be interesting to observe if the normal processing timeframe gets slower, inevitably forcing more applicants to choose the priority processing option. Furthermore the additional A$ 1,000 spent on applying for a visa may be perceived as a barrier to visit Australia, and may also reduce the amount of travel allowance available while visiting Australia. This means that the spill-over benefits to local Australian businesses and vendors will be reduced.

This information is accurate on 24 March 2016

Source:

https://www.legislation.gov.au/Details/F2016L00295/Download

Do you need help with an Australian visa application?

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

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

(08) 8351 9956 or +61 8 8351 9956

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

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

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

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

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

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

Chris with Mr. Rahimi

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

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

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

Do you need help with an Australian visa application?

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

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

(08) 8351 9956 or +61 8 8351 9956

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

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

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

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

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

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

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

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

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

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

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

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

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

This information is accurate on 14 December 2015

Source:

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

Do you need help with an Australian visa application?

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

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

(08) 8351 9956 or +61 8 8351 9956

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

Thanks to the Korean Community of SA for a Great Day!

We would like to thank the organisers and volunteers from the South Australian Korean Community for putting together the Korean Culture and Food Festival .

It was great to speak with members of the Korean Community, local politicians and the general public about Australian Visas.

People wanted to know about a range of visas including Partner Visas, 457 visa, skilled visas for accountant and student visas.

We enjoyed the food and performances and look forward to next year.

Here are some photos of the day, taken on the 14 November 2015:

 Children dancing in traditional Costumes

 Chris and Christine with the President of the Korean Community of SA,Mr Jae Heon Ham.

The Taekwondo demonstration. 

Do you need help with an Australian visa application?

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

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

(08) 7225 5091 or +61 8 7225 5091

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

In support of the local cultural community Work Visa Lawyers is once again participating in the annual Korean Culture and Food Festival in Adelaide! This will mark our third consecutive year of participation. Here are the details of the event:

Date:     14^th November 2015, Saturday
Time:     10 a.m. to 4 p.m.
Venue:   Rundle Park / Kadlitpina (corner of East Terrace and Rundle Road)

What’s there at the event?

The Culture and Food Festival showcases some of the food and traditional arts of Korea and provides a day of fun-filled activities for kids and the family. You can watch the Credit Union Christmas Pageant in the morning and come on over for some awesome food and shows on the same day!

Meet with Work Visa Lawyers, for FREE!

Principal Migration Lawyer and Agent Chris Johnston, along with Senior Migration Agent Christine Lee (who can provide migration advice in Korean) will be at the event to meet people with Australian visa or migration enquiries. Visit our booth to receive a brief, complimentary consultation in relation to Australian visa matters. You will also receive a $50 voucher that can be redeemed when you make an appointment to see us at our office (Normal fee is $200 an hour).

We look forward to seeing you at the Korean Culture and Food Festival on the 14^th!

올해로세번째연속으로 Work Visa Lawyer가독립부스로한국문화축제에참여합니다. 아침에크리스마스페젼트행렬을보시고, 오후에음식과볼거리가풍부한한국문화축제로오세요. Work Visa Lawyer부스로오시면, Principal Lawyer이자 Migration Agent이신 Mr Chris Johnston과한국인 Agent인Christine Lee를만나실수있습니다. 그동안궁금했던호주이민에대한간단한답변을무료로들을수있고, 만약이후에저희에게정식으로한시간상담을받으신다면, 그때사용할수있는 50불할인권도드립니다 (상담비는한시간에 200불입니다). 

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

It is always a pleasure to connect with the international community in Adelaide. The Korean Culture and Food Festival brings a nice group of people together and provides great food for the day as well (hence our third consecutive year of participation). On a serious note we are happy to help the international community with visa questions or issues, ensuring that a family’s visa application is done correctly and on time to avoid future visa problems.

And of course our wonderful migration agent Christine Lee is a native Korean speaker and has helped many Koreans over the years in relation to Australia migration.

See you all at the festival!

한국음식문화축제를통해애들레이드에있는다문화여러분과소통하고, 호주이민에대한궁금한점이나문제점이있다면도와드릴수있기를희망합니다. 행사장에서만나요.

This information is accurate on 28 October 2015

Sources:

1. http://www.multicultural.sa.gov.au/events/events/november/11th-korean-culture-and-food-festival

Do you need help with an Australian visa application?

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

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

(08) 7225 5091 or +61 8 7225 5091

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

Starting on 21 September 2015, young Chinese nationals will be able to apply for the Work and Holiday (462) visas and Working Holiday (417) visas to Australia as part of improved visa facilities under the recently concluded China-Australia Free Trade Agreement (ChAFTA). This is the first stage where 1,500 places in the Working and Holiday Visa program are going to be open for application, with more places to be released in further stages until the programme reaches its annual cap of 5,000 places.

To apply for this visa, applicants must take note of the following:

• Hold a valid passport issues by the People's Republic of China
• Age 18-30 at the time of lodging the application
• Will not be with a dependent child while you are in Australia
• Have enough money to support yourself on a working holiday (about AUD 5000)
• Have enough money to buy a return or onward travel ticket at the end of your stay
• Have not previously entered Australia on a Working Holiday visa (subclass 417)
• Meet the educational requirements – usually completing a tertiary qualification
• Have functional English
• Meet character and health requirements
• Holders of Chinese passports are not required to provide evidence of Government support for the grant of the visa
• Chinese applications cannot be lodged by post, and instead must be made by appointment and in person at one of the three addresses provided in either Beijing, Guangzhou or Shanghai

So take advantage of this unique Australian visa that will allow you to visit and work in Australia at the same time! The limited places mean that not everyone in the populous country will be able to obtain this visa so act now and apply! Check with Work Visa Lawyers for your eligibility before applying.

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

The Work and Holiday visa programme is a great platform for overseas visitors to experience living in Australia for an extended period of time (up to 12 months). The ability to work also means that visa holders can experience the Australian work culture and meet potential employers who might be willing to offer a permanent position if the visa holder impresses. The wages from work done will also allow travellers to see more of Australia during the 12 months of stay.

A word of caution though is that Work and Holiday visa holders need to be aware of employment laws and regulations in Australia so that they are not abused in any way. A good source for that information is FairWork.gov.au and I recommend that all Work and Holiday visa holders refer to the website to understand the employment conditions in Australia.

This information is accurate on 18 September 2015

Sources:

1. https://www.comlaw.gov.au/Details/F2015L01437/Explanatory%20Statement/Text
2. http://www.border.gov.au/Trav/Visa-1/462-
3. http://english.cri.cn/12394/2015/07/02/3742s885455.htm
4. http://www.fairwork.gov.au/

Do you need help with an Australian visa application?

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

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

(08) 7225 5091 or +61 8 7225 5091

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

News streams were flooded with the arrest of 3 individuals running a student visa and employment scam in Melbourne, Victoria. The individuals owned and managed a college, St Stephens Institute in Reservoir and an institute, Symbiosis Institute of Technical Education. The individuals worked with unscrupulous migration agents and applied student visas for applicants who paid up to AUD 10,000 for "enrolment" in the college or institute. There were no classes for students to attend but instead the students were arranged to work as posties or delivery personnel. The work was arranged via one of the individual's business which was a labour hire contractor for the Australian Post. The "students" were underpaid and received no benefits whatsoever but continued working as they were promised a work or residence visa at the end of their student visa.

Another institute that has come under scrutiny is TK Melbourne Education and Training College which allegedly has been issuing fake and back-dated certificates to international students. The Australian Skills Quality Authority (ASQA) has issued a “critical non-compliance” label to the institute for failing to meet with national Registered Training Organisation standards. If students used the fake qualifications to enrol in a separate higher learning course, or to apply for a skilled migration visa, the fake qualification may be overturned and the students will then be refused admission or a visa application.

Don’t get caught up in a scam!

While the government bodies involved – Australia Post, Australian Skills Quality Authority (ASQA) and the new Department of Immigration and Border Protection (DIBP) perform the necessary internal review to prevent such cases from repeating, Work Visa Lawyers would like to educate and remind international students, current or prospective to be fully aware of the objective and obligations of the student visa programme in Australia. Students involved in unlawful and unethical arrangements as above suffer financial loss as well as potentially a negative record on their Australia visa history, which may affect future Australia visa applications.

It is important for international students in Australia to check:

• They are enrolled in the correct education course and institute
• The obligations and conditions for the student visa held, such as work restrictions or education provider restrictions (e.g. streamlined education providers)
• Actual study was conducted before the qualification is deemed complete before a certificate is issued

Student visa holders also need to know that there is no guarantee of a visa at the end of the study duration even though they may be promised so. Student visa holders should always check with the DIBP or other Registered Migration Agents if they suspect that something is amiss with their education courses or permitted employment.

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

The DIBP has the power to cancel a visa in a number of scenarios such as the ones listed below:

• if an applicant has provided:
  • “a bogus document or information that is false and misleading in  material particular in relation to:
    1. the application for the visa; or
    2. a visa that the applicant held in the period of 12 months before the application was made”

From Public Interest Criteria 4020

This includes the situation where the applicant did not knowingly provide the false or misleading information with their application.

• if a visa holder violated the visa conditions and obligations (such as working when not allowed to)
• if a visa holder has committed criminal offences that are harmful to the Australian society and its values. The recent focus on cancelling visas of convicted criminals (see our earlier news entry here) is one such example.

Work Visa Lawyers advises all Australian visa holders to:

• Stay away from scams and criminal activities
• Always be aware of your visa conditions and make sure you meet the visa obligations
• Always check with a trusted authority such as the DIBP or Registered Migration Agents in Australia if there is something suspicious in relation to your student or work visa

This information is accurate on 7 August 2015

Source:

1. http://www.smh.com.au/national/australia-post-link-to-visa-crime-racket-claim-20150804-girbiw.html
2. http://www.smh.com.au/national/cash-for-visas-international-colleges-fake-qualifications-in-migration-rackets-20150805-gis11z.html
3. http://www.brisbanetimes.com.au/national/nonsensical-essay-answers-shine-a-light-on-australias-educational-visa-farms-20150805-gis8po.html
4. http://newsroom.border.gov.au/releases/three-charged-and-millions-of-assets-seized-in-joint-agency-investigation

Do you need help with an Australian visa application?

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

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

(08) 7225 5091 or +61 8 7225 5091

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

The new fiscal year has arrived! Historically the Department of Immigration and Border Protection introduces changes to the Australian migration programme on the 1^st July each year. Below is a list of changes and news that has come into effect today:

• Change in English Requirements for Health Professionals
  - Nursing and Midwifery, Medical Practitioners, Dental Practitioners, Chiropractors and more
• Changes to the Business Innovation and Investment Programme
• Minor Change to Migration Skills Assessment for Accountants
• Increase in the Migration Review Tribunal Fees
• Increase in Visa Application Fees (VAC)

Changes to the English Requirement for Health Professionals

The Australian Health Practitioner Regulation Agency (AHPRA) has announced new English requirements for the registration standards of 10 common health professions, dental practitioners, medical practitioners, nursing and midwifery. Find out about the new requirements by clicking through the applicable links:

Common standard for 10 professions – Chinese medicine, chiropractic, medical radiation, occupational therapy, optometry, osteopathy, pharmacy, physiotherapy, podiatry and psychology.

Standard for dental practitioners

Standard for medical practitioners

Standard for nursing and midwifery

Applicants can now combine 2 IELTS scores or submit specific medical exams such as NZREX or PLAB to meet the registration standards. More detailed updates to follow.

Changes to the Business Innovation and Investment Programme (BIIP)

The BIIP will undergo some major changes as follows:

- Creation of a new Premium Investor Visa (PIV) stream for the 188 Business Innovation and Investment (Provisional) visa

• Investment of A$ 15 million
• No residency requirements
• Eligible for 888 permanent visa in 12 months’ time

- Allowing a secondary applicant (spouse only, excludes dependent children) of a 188 provisional visa to fulfil the requirements for the 888 permanent visa requirements – role-swapping

- Residency requirements for the 188C Significant Investor Visa (SIV) holders amended to be 40 days per year for the primary applicant and 180 days per year for the secondary applicant to qualify for the permanent 888 visa

- Extending the duration of the 188 visas to be valid for 4 years and 3 months

- Addition of the CEO of Austrade as a nominator for SIV applications. Austrade nominated applicants will not be restricted to reside in one particular state

- Preventing complying investments (significant or premium) to be used as collateral or security for a loan

- Complying significant and premium investments will need to be new investments and cannot be existing investments in Australia

There are more updates to follow, such as the nomination process for Austrade, suitable financial products under the new complying investment framework and so forth. Work Visa Lawyers will bring you the latest news once we receive them.

Change to Migration Skills Assessment for Accountants

The Core Knowledge Areas will be consolidated from 12 to 9 areas of knowledge. Applicants will need to meet at least seven (7) core areas to meet the skills assessment requirements, with the exception of External Auditors and Taxation Accountants who need to meet at least eight (8). For more details, visit the skills assessment bodies below:

CPA Australia  

Institute of Public Accountants 

Institute of Chartered Accountants Australia 

Increase in Migration Review Tribunal (MRT) and Refugee Review Tribunal (RRT) Appeal Fees

Fees for the review applications are now A$ 1673.

Increase in Visa Application Fees (VAC)

If you missed our earlier news entry on the VAC increments, click here to find out more. Don’t be surprised by the change in fees.

More to Follow

There are bound to be more changes to be announced from the Department as well as other related authorities such as skills assessments organisations, state migration departments and others. Visit our website to get the latest updates on changes as they are announced.

Newsworthy

Visa cancellations increase by 553 percent due to crackdown on foreign criminals

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

The biggest changes so far would be the lowered English requirements for health professionals and the reshaping of the business migration and investment visas. As the changes announced can mean a different visa option for affected individuals, do contact a professional registered migration agent to assess how the new changes affect you.

This information is accurate on 1 July 2015

Do you need help with an Australian visa application?

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

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

(08) 7225 5091 or +61 8 7225 5091

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

Business visa options are popular among overseas business owners seeking to obtain an Australian visa for their family to settle down and enjoy a better quality of life in Australia. There are a few different options and each has its unique criteria and obligations to fulfil. The six visa options available on 1 July 2015 are:

• 188A Business Innovation
• 188B Investor
• 188C Significant Investor Visa
• 132A Significant Business History
• 132B Venture Capital Entrepreneur
• Premium Investor Visa

Work Visa Lawyers has created a summary that provides an overview of the options. The summary includes new complying investment requirements for the 188C Significant Investor Visa (SIV) and the new Premium Investor Visa (PIV). Click on the images to load the table in a larger format.

Do take note that the summary is an overview of the business and investment visa options available and your personal circumstances will need to be assessed to determine your eligibility for the visas available. Contact Work Visa Lawyers if you need our Registered Migration Agents to assess your eligibility for the visas above.

What are complying investments?

Complying investments are investment products designated by the Australian Government for the investment purposes of the 188C SIV and the new PIV.

Complying investments for a Significant Investor visa include:

• At least AUD500,000 in eligible Australian venture capital or growth private equity fund(s) investing in start-up and small private companies. Note the Government expects to increase this to $1million for new applications within two years as the market responds;
• At least AUD1.5 million in an eligible managed fund(s) or Listed Investment Companies (LICs) that invest in emerging companies listed on the Australian Securities Exchange (ASX); and,
• A ‘balancing investment’ of up to AUD3 million in fund(s) or LICs that invest in a combination of eligible assets that include other ASX listed companies, eligible Australian corporate bonds or notes, annuities and real property in Australia (subject to the 10% limit on residential real estate).

For a total investment of at least AUD 5 million.

Eligible investments for the Premium Investor visa will be investments in:

• An Australian managed fund
• Australian securities exchange listed assets
• Australian government or semi-government bonds or notes
• Corporate bonds or notes issued by an Australian exchanged listed entity (or wholly owned subsidiary of the Australian listed entity) or investment grade rated Australian corporate bonds or notes rated by an Australian Financial Services licenced debt rating agency
• Australian proprietary limited companies
• Real property in Australia (subject to the exclusion of direct investment in residential property and limit of 10% indirect investment in residential real estate as part of a fund’s net assets)
• Annuities issued by Australian registered life companies that do not repay capital during the qualifying period
• State and territory government endorsed philanthropic donations.

For a total investment of at least AUD 15 million.

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

The biggest change that will come into effect on 1 July 2015 is that investors on the 188C SIV will be unable to invest all their designated AUD 5 million into one passive investment product such as government bonds or real estate funds. With AUD 500,000 minimum required to be invested in venture capital or growth private equity funds, you may be better off considering the 132B where you are required to obtain AUD 1 million from a venture capital firm but obtain permanent residency from day 1. This is compared to having to wait 4 years under the 188C before being able to apply for a permanent resident visa. The 132 visas might be more attractive to business and investment migrants starting 1 July 2015.

Work Visa Lawyers is already working with relevant financial institutes which are lining up financial products that fulfil the requirements as a complying investment.

Source:

1. https://www.immi.gov.au/faqs/Pages/What-is-the-significant-investor-visa.aspx
2. https://www.austrade.gov.au/invest/significant-investor-visa-and-premium-investor-visa-programmes
3. http://trademinister.gov.au/releases/Pages/2015/ar_mr_150515.aspx

This information is accurate on 25 June 2015

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas – 188, 132 and 888, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

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

(08) 7225 5091 or +61 8 7225 5091

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

The Australian mining and resources sector has been hit by falling mining commodity prices globally. Vacancies and jobs in the mining sector are diminishing. Many overseas engineers and other mining related professionals who were hired to work in Australia on temporary 457 work visas face the daunting prospect of having their contract terminated and asked to leave Australia. Some have come to Australia with their family and the prospect of moving the family again may be disruptive to the family’s growth, especially for the children.

There are two clear options available to an engineer or mining professional in this situation - pack the bags and head home; or look for a different Australia visa to continue living in Australia.

What are the options for a new Australia visa application?

Most mining professionals affected by the industry downturn should consider other skilled visa applications, such as Skilled Independent or Skilled Sponsored visas. These visa pathways are not reliant on an employer’s sponsorship but instead allow professionals to apply for a permanent or temporary Australian visa based on their own qualifications, work experience and English ability. This means that you can transition from a temporary 457 work visa to a permanent Australian resident visa. Mining professionals that could qualify include:

• Production Manager (Mining)
• Chemical Engineer
• Civil Engineer
• Geotechnical Engineer
• Mining Engineer
• Petroleum Engineer
• Metallurgist
• Metallurgical or Materials Technician
• Mine Deputy

The list above is not exhaustive. You should also note that the skilled migration programme has numerous criteria so it is best that you check your eligibility first before applying.

Don’t wait until it is too late!!

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

We have had a number of professionals working in the mining industry coming to see us in relation to the situation described above. They have made a good decision. When your employment ceases while you hold a 457 visa, you may have just 90 days to do any of the following:

• find another employer to sponsor you (they need to lodge a nomination)
• apply for a different visa
• make arrangements to leave Australia.

It is very important to take note of the 90 day period. If you were to lodge a separate visa application there may be documents or components that you may need to prepare before you can submit an application for a different visa. These documents or components could include:

• taking English exams such as IELTS
• skills assessments (which can take more than 3 months to complete)
• state sponsorship

Therefore TIME is really of essence in this situation. Seek advice on your options as soon as possible to avoid being unlawful by staying in Australia beyond the 90 days given. Contact Work Visa Lawyers if you are caught in such a predicament.

This information is accurate on 17 June 2015

Do you need help with an Australian visa application?

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

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

(08) 7225 5091 or +61 8 7225 5091

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