Scott Morrison is likely to be announced as the new Minister for Immigration.  He was the Shadow Minister for Immigration  and Citizenship from 8 up until the Federal election on the 7th September 2013.

This is what Scott Morrison has previously said in relation to:

• Skilled Migration
• 457 visas
• English language requirements

Skilled Migration:

At the Brisbane Resource Industry Migration Forum for AMMA on the 8 August 2013:

"The Coalition believes in a well run migration program that focuses on skills and creates jobs for Australians," Mr Morrison said.

Source:

http://www.amma.org.au/newsroom/media-releases/3394-coalition-s-skilled-migration-program-will-restore-business-confidence-scott-morrison

Paper by Scott Morrison to Address to the Affinity Intercultural Foundation, Sydney

Wednesday 17 July 2013.  At page 4:

“During the Howard years skills based migration increased from less than 30% of the permanent

program under Paul Keating to almost 70% by the time they left office. The Howard Government

also introduced the temporary skilled visa, the 457.

Research by Monash University showed that during the Howard years the percentage of Australians

who were concerned about immigration levels being too high almost halved, from more than two

thirds to just over one third. Over the same period our permanent immigration intake doubled.”

http://www.affinity.org.au/wp-content/uploads/2013/07/Morrison-Doing-far-more-to-build-our-nation-170713.pdf

On 457 Policy under Brendan O’Connor

Scott Morrison was highly critical of the statements made by Brendan O’Connor in relation to claimed 457 rorts.

In a radio interview on the 2 May 2013 Scott Morrison said:

 “Well this report obtained by the Coalition under freedom of information demonstrates some fairly routine housekeeping changed to the 457 scheme. 

It certainly doesn't anywhere justify the sort of inflammatory rhetoric and trash talking of skilled migration that the Prime Minster and Minister O'Connor have engaged in, nor does it in any way provide any evidentiary basis for the sort of claims they've made about 10,000 people rorting the system and so on.”

http://www.abc.net.au/pm/content/2013/s3750563.htm

At the Brisbane Resource Industry Migration Forum for AMMA on the 8 August 2013:

“Until this year the skilled migration program enjoyed bipartisan support. Labor’s attack on skilled

migration through the measuresintroduced to choke the 457 migration program with union red

tape was nothing more than economic vandalism,” he said.

http://www.amma.org.au/assets/media/2013MediaReleases/Aug/MEDIA%20RELEASE_Coalitions_killed_migration_program_will_restore_business_confidence_Scott_Morrison.pdf

Skilled Migration and English Language Requirements

On English Language Testing:

Paper by Scott Morrison to Address to the Affinity Intercultural Foundation, Sydney

Wednesday 17 July 2013.  At pages 6 and 7:

“IELTS is a quality program – used by more than 6,000 organisations across 135 countries, including

immigration departments and authorities in Australia, Canada, New Zealand and the UK. IELTS

conduct around 1.9 million tests per year.

But we must be wary of creating a closed shop on English language testing or having English

language testing used as a non-tariff barrier by trade unions trying to crash the skilled migration

programme as an industrial tactic.

We should be moving towards a more competitive framework.

Australia needs to have the capacity to have progressive levels of English language capability. We

also need greater flexibility; the notion of having an English language test that is fit for purpose,

instead of a one size fits all.

There can be no argument that English skills are important. They are critical not only for personal

safety but also for participation and social cohesion.

English language skills are important to ensure awareness of compliance with occupational health

and safety rules. They are also important in allowing a visa holder to communicate and connect with

their employer, their colleagues and their community.

Temporary migrants, whether they are students or workers, can be highly vulnerable to abuse. An

understanding of English helps them access services and understand the protections available to

them, whether they are trying to rent a flat, understand the terms and conditions of their

employment, open a bank account or take out a loan.

The United Kingdom accepts over 30 language assessment systems in addition to the IELTS.

One of those providers is the renowned Cambridge English Language Assessment – formerly the

ESOL – with 4 million candidates sitting the tests in 130 countries.

The rationale behind Cambridge is that “tests need to be fit for purpose, offering users a range of

solutions that meet diverse needs”.

The level of language skills required of someone applying to come to Australia should also take into

account how long they intend to stay.

We also need more than a one-off time freeze snapshot. If a person has been living, working and

actively engaging in Australia over a number of years, it is in their interests as well as that of the

community that as their active engagement grows, their level of proficiency does not stay static;

ideally it would develop and improve over this time.”

The 457 and English Language Testing:

In an address to the National Press Club Mr Morrison said:
"There is also a need to revise the English language test that now requires a score of at least five in all four categories of the IELTS test," he told the NPC.

"These tests can be used a little like a non tariff barrier to trade by unions seeking to crash the system as an industrial system."

Source: article by  Malcolm Farr, National Political Editor, 30 March 2011, news.com.au

Comments by Chris Johnston Principal of Work Visa Lawyers:

The information above is statements made by Scott Morrison in the lead up to the 2013 elections .  The extent to which promises made prior to an election will result in government policies is an unknown.

In relation to 457 visas, it is clear that Scott Morrison is a critic of the 457 policies when he was a shadow Minster. 

The open question is whether the 457 labour market testing measures will come into effect.   The relevant Legislation is the Migration Amendment (Temporary Sponsored Visas) Bill 2013.  The legislation will come into effect within 6 months of the Act receiving royal assent and the last day for this to happen would be the 29 December 2013.

The Migration Amendment (Temporary Sponsored Visas) Bill allows for occupations to be exempted from LMT.  The new Coalition Government could chose to make a large range or all occupations exempted from LTM, to avoid the LMT legislation having any practical effects.

Sources:

AMMA Media Release, 8 August 2013

http://www.amma.org.au/newsroom/media-releases/3394-coalition-s-skilled-migration-program-will-restore-business-confidence-scott-morrison

http://www.affinity.org.au/wp-content/uploads/2013/07/Morrison-Doing-far-more-to-build-our-nation-170713.pdf

http://www.abc.net.au/pm/content/2013/s3750563.htm

Article by  Malcolm Farr, National Political Editor, 30 March 2011, news.com.au

Do You Need Help in Relation to Australian Visas?

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

This information is accurate on the 09 September 2013. 

Working Holiday Visa arrangement for Greece

A Working holiday agreement is to be signed with Greece, with the necessary processes for the signing of a reciprocal agreement between Greece and Australia underway. There is no current date for the working holiday visa to come into operation.

Once in place, this should allow for a working holiday visa for Greek passport holders aged 18 to 30 years of age.

Source: http://www.greekcommunity.com.au/gocmv_public/index.php/en/immigration/84-working-holiday-visa-agreement-to-be-signed-between-greece-and-australia

We have received a communication from the ACT government which says that DIAC will not issue any further invitations for state sponsored 190 and 489 visas through for these six occupations:

·      Chemical and Materials Engineers;

·      ICT Business and Systems Analysts;

·      Electronics Engineers:

·      Telecommunications Engineering Professionals;

·      Other Engineering Professional; and

·      Software and Applications Programmers.

However, these are in fact occupational unit groups, often repsenting two or more occupations. The total number of occupations that have been effected by DIACs decision to not offer invitation to EoI for subclasses 190 and 489 is eighteen.  The occupations are:

233111 Chemical Engineer 

233112 Materials Engineer

261111 ICT Business Analyst 

261112 Systems Analyst

233411 Electronics Engineer

263311 Telecommunications Engineer

263312 Telecommunications Network Engineer

233911 Aeronautical Engineer 

233912 Agricultural Engineer 

233913 Biomedical Engineer 

233914 Engineering Technologist 

233915 Environmental Engineer 

233916 Naval Architect (Aus) / Marine Designer (NZ) 

233999 Engineering Professionals nec

261311 Analyst Programmer 

261312 Developer Programmer 

261313 Software Engineer 

261399 Software and Applications Programmers nec

If you have an application a state sponsorship application in process, then you may need to look at alternatives.   Contact the Sponsoring body to check the status of your application.

Sources:  ACT Government, Migration Institute of Australia

Need Help?

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

This information isaccurate on the 7 August 2013.  

Immigration SA is the RCB that provides advice regarding the first stage of the RSMS Direct Entry subclass 187 visa process.

From the 1 July 2012 up until late June 2013 the Labour Market Testing requirements for RSMS visa applications caused many employers to get very frustrated and some to choose not to be involved in the RSMS process at all.

Immigration SA has taken on some feedback and the process has been improved and streamlined.

Immigration SA has released a new document checklist which has reduced the advertising requirements. 

Concessions for some 457 visa holders

If the position for the RSMS is for a person who has been working on a 457 in that organisation for 12 months or more, then LMT is not required.  You will have to answer some questions. 

LMT documents requirements are lower

At a practical level, having recently done an online application, there is now no need to attach evidence of the Labour Marketing Test.  A detailed description from the employer of the advertising process is still required.

There in now no need for:

-         - No need for advertising to include the exact salary of the position.

-          - No need for Peer review evidence from Recruitment Agent, Union or Industry Association.

Processing times with Immigration SA are now shorter

Processing times had been up to three months at one stage.

Processing times for RSMS Immigration SA RCB advice are currently quoted as 24 days. 

Source: Immigration SA website: https://www.migration.sa.gov.au/node/20

Need Help?

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

This information isaccurate on the 7 August 2013.  Immigration SA will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Peer Review is no longer required by the RCB Immigration SA for the first stage of the RSMS process. This change was introduced from 24 June 2013.

Immigration SA posted the following on their blog:

“A recent review has identified the following changes to the RCB application process:

• Removal of peer review - effective immediately
• Simplified assessment questions
• Extensively reduced evidence requirements
• Quicker application process”

For Immigration SA announcements:

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

Peer Review required a letter from an employment agent or industry body or Union about not being able to fill the position.  It was very unpopular with employers, who often chose not to proceed with the RSMS process. 

Enrolled Nurses already registered in Australia can apply for a Migration Skills Assessment from ANMAC from 1 July 2013.

Key points are:

• English - The applicant must achieve a score of 7 in all bands of the IELTS academic IELTS or achieves a B pass in all bands of the OET for nurses.
• Education - If the applicant holds current registration as an Enrolled Nurse in Australia or New Zealand and provided appropriate documentary evidence of this they with will be deemed to have met the educational standard requirements.
• - Experience and Exemption- The experience requirement will require that the applicant must has practised as a nurse or midwife in the 5 years preceding their application date. There is an exemption to this experience criteria if the applicant is a newly registered Australian nursing and midwifery graduates that AHPRA registration.

From the many enquiries I have received about skills assessments for Enrolled Nurses, I know that there will be a large number of applications for registration lodged. 

Large volumes of applications can lead to long processing times and there may be an advantage to lodging your skills assessment as soon as possible.

For the assessment criteria:

http://www.anmac.org.au/application-options

Work Visa Lawyers:

• We can assist you to apply for a skills assessment.
• We can assess your eligibility to apply for Australian Permanent Residence based on your nursing qualifications.   
• If we determine that you are eligible, we can apply for  Australian Permanent Residence on your behalf.

If you require further information regarding Enrolled Nursing skills assessment by ANMAC or would like to book a consultation with Christopher Johnston, please do not hesitate to contact our offices on (08) 7225 5091.

Immigration SA has announced changes to their off-list sponsorship criteria:

“Changes include: (these apply to applicants living and working in South Australia only)

• - All international graduates of South Australia will be considered; nomination is no longer restricted to students who graduated within the last six months.
• - Applicants who have completed a vocational education and training (VET) or higher education qualification in South Australia with a minimum duration of one academic year (or CRICOSregistered for a minimum of 46 weeks).
• - Students who have completed a PhD or Masters by Research qualification in South Australia, no longer require work experience if they have an IELTS score of 7.5 overall or 7.0 in each band.”

Refer to the off-list section in the following link:

https://www.migration.sa.gov.au/node/104

Changes will only apply until 30 June, 2013. 

Due to the short timeframe, the above changes for the off-list  will be most suitable for persons who already have a full skills assessment in a vocational occupation, such as a Nurseryperson.

IELTS Validity extended from two to three years:

Other changes include that Immigration SA will now accept IELTS results which are three-years-old or less on the state nomination decision date

I will post more details on the SA sponsorship changes as they emerge.

If you require further information regarding the SA State Sponsorship criteria or would like to book a consultation with Christopher Johnston, please do not hesitate to contact our offices on (08) 7225 5091.

The new Minister for Immigration and Citizenship is the Hon Brendan O'Connor MP.  

Any change of Minister for Immigration and Citizenship are interesting, because it can mean changes in  Department of Immigration and Citizenship policy.  The Minister of Immigration has the power to intervene under certain circumstances under the Migration Act, and so a change of Minister can also influence such requests for ministerial intervention.

Here is a link to his site:

http://www.brendanoconnor.com.au/news-and-media/local-media/appointment-as-minister-for-immigration-and-citize/