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

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

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

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

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

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

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. 

Here are some of the changes introduced from the 1 July 2013 that are important to 457 visa applicants:

English Requirements now more difficult for many

English levels of Functional English must now be proved for all levels of occupations nominated from the CSOL:

-      an International English Language Testing System (IELTS) test score of at least 5 in each of the four test components of speaking, reading, writing and listening, or

-      a score of at least 'B' in each of the four components of an Occupational English Test (OET).

Prior to 1 July, the requiements only applied to trade level position such as cook, baker and mechanic.  Now the apply to all positions on the CSOL, nominated for a 457. For example, now Civil and Mechanical Engineers, Marketing Specialists and Software Engineers.

TSMIT Up

TSMIT is now $53,900 and all nominations must be paid TSMIT or higher.  Please note, that Market Salary is also a relevant guide for the amount to be paid to the nominated position.

Market Salary Exemption Up

Market Salary – the exemption from Market Salary requirements has been increased from $180,000 to $250,000.

More Discretion to Refuse based on Skills and Qualifications

The Department has strengthen the skills requirements for Subclass 457 visas by requiring the Subclass 457 visa applicant to have the skills, qualifications and employment background that the Minister considers necessary to perform the tasks of the nominated occupation.

In my opinion this will help make the Department feel more comfortable in refusing an application without requesting further information.

Genuine Test – More discretion to refuse

Introduction of a ‘genuineness test’ to be conducted by departmental officers to ensure that the position associated with the nominated occupation is genuinely required to address skills shortages in Australia.

Condition Requiring Licencing Post Grant

457 visa holders must seek to obtain any mandatory registration, licence or membership for their occupation within 28 days.  The licensing requirement will effect occupations such as electricians.

All Electronic Lodgement

All applications for standard business sponsorship, approval of nominations and Subclass 457 (Temporary Work (Skilled)) visas to be lodged electronically.  The backup system to this is said to be lodgement by email. My comment, this sounds like it could be a real mess when the system crashes, like it does the last day of the program year almost every year late June.

Workers have more time to find another sponsor after ending employment

Workers have been given more time to find another sponsor after ceasing employment.  This time have been extended from 28 days to 90 days.

Fees Up

457 Sponsorship remains the same at $420

457 Nomination from $85 to $330.

457 Visa applicant – primary applicant now termed base applicant from $455 to $900

457 Visa applicant, secondary applicant over age of 18 from $0 to $900

457 Visa applicant, secondary aged under 18, from $0 to $225

New fee - Subsequent temporary application fee will apply in some circumstances, $700 per applicant.

Refer to this blog for an example of 457 fee costs post 1 July 2013.

http://www.workvisalawyers.com.au/news/entry/explanation-of-new-australian-visa-charges-system-based-on-number-of-applicants-and-the-new-subsequent-temporary-application-charge.html

Source: DIAC website

http://www.immi.gov.au/skilled/changes-457-program.htm

Need Help?

If you require further information regarding a 457 application or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091  

This information isaccurate on the 30 July 2013.  DIAC will changes visa requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

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.

On 9 March DIAC announced there will be changes to the permanent employer sponsored program to be implemented from the 1 July 2012.  

The reforms will reduce the number of visa classes in the Permanent Employer-Sponsored Visa Program from six to two.

The two new consolidated subclasses will be:

• ENS subclass 186
• RSMS subclass 187

Within each subclass there will be three streams:

1. Temporary Residence Transition Stream – for qualifying 457 visa holders.
2. Direct Entry Stream – for a range of applicants including non-qualifying 457 visa holders, those completing studies on student visas and offshore applicants.
3. Agreement stream – replacing labour agreements.

In the process, there are changes to the age, English and Skills requirements for ENS and RSMS.

The 457, a common temporary working visa, will become more integrated into the Permanent Employer-Sponsored Visa Program.

Those most likely to be negatively affected by the changes may include:

•  Higher English requirements for RSMS may make it harder to apply for some:
  • For RSMS Temporary Residence Transition Stream the English language requirements will be 5.0 in each of the four components of IELTS test.  Current RSMS requirements are IELTS band score 4.5.
  • For RSMS Direct Entry Stream the English language requirements will be 6.0 in each of the four components of IELTS test.  Current RSMS requirements are IELTS band score 4.5.
• Skills assessments required for RSMS applicants with overseas trade level qualifications or experience.
• May be more difficult for those that are over 50:
  • With the age limit for RSMS and ENS being raised to 50, there may also be less flexibility for persons over 50.
• Skill level four no longer available under 457 and direct stream for RSMS:
  • Skill level four, such as Mobile Plant Operators and Drillers will not be able to apply for RSMS anymore. They will only be able to be able to apply through the Agreements stream.  Agreements can take a long time to arrange and are usually for large employers.  Currently such skill level four, can apply under exceptional circumstances of RSMSM