Key terms: Migration Policy Changes – Online system outages – 1 July Changes – Western Australia State Migration – State Sponsorship – Subclass 190 Skilled Nominated visa – Subclass 489 Skilled Regional Sponsored visa – Regional Sponsored Migration Scheme (RSMS) – Australian citizenship

ImmiAccount System Outage on 30 June 2017

The Department of Immigration and Border Protection (DIBP) has announced that the ImmiAccount system will not be available from the following times:

New South Wales, Victoria, ACT, Queensland

9pm AEST Friday 30 June until 1pm Saturday 1 July 2017

South Australia, Northern Territory

8.30pm ACST Friday 30 June until 12.30pm Saturday 1 July 2017

Western Australia

7pm AWST Friday 30 June until 11am Saturday 1 July 2017

If you are thinking about submitting an online visa application you will need to do so before the times above.

Key terms: Migration Policy Changes – Partner Visas – Subclass 820/801 – Subclass 309/100 – Sponsor Requirements – Family migration

Planning to lodge a partner visa application? You will soon need to apply for sponsor approval first!

Amendments introduced in the Migration Amendment (Family Violence and Other Measures) Bill 2016 describes that a separate sponsorship application is necessary before one can submit a partner visa application. Originally planned for implementation on 1 July 2017, we now know that the change will only be implemented in 2018 because the Bill has not been enacted.

At the time of writing there are still no details released by the Department of Immigration and Border Protection (DIBP) in relation to the process of applying for the sponsor approval.

Key terms: Migration Policy Changes – Employer Sponsored Visas – Subclass 187 RSMS – Subclass 186 ENS – English Requirements – Age Requirements – STSOL – MLTSSL

By now most will know that the permanent employer sponsored visas will see changes being introduced on 1 July 2017 and in March 2018. The changes announced will affect the following visas:

• the subclass 186 Employer Nomination Scheme (ENS) visa
• the subclass 187 Regional Sponsored Migration Scheme (RSMS) visa

We have received many enquiries in relation to the changes, with many confused between what changes are happening on 1 July 2017 and March 2018. To help you understand the changes better here are the top 10 questions about the permanent employer sponsored visa changes answered.

1) Do the 457 visa occupation caveats apply to the permanent employer sponsored visas?

No. The occupation caveats are only applicable to 457 visa applications.

2) Do the Short Term Skilled Occupations List (STSOL) and the Medium and Long Term Strategic Skills List (MLTSSL) apply to the subclass 187 RSMS visa?

No. For the RSMS visa you can nominate any occupation that is ANZSCO level 1 to 3, as specified on the applicable legislative instruments.

3) I have a RSMS or ENS visa application lodged before the changes! Will my visa be refused?

Do not worry. RSMS or ENS visa applications lodged before 19 April 2017 will not be affected, even if the nominated occupation is no longer on the STSOL or MLTSSL.

4) Which occupation list applies if I am applying for the ENS visa using the Direct Entry pathway?

Your occupation can be on the STSOL or the MLTSSL.

5) I am on the 457 visa and was going to apply for the Temporary Residence Transition (TRT) pathway for the ENS. Am I affected by the changes?

You will be able to apply for the ENS TRT pathway if you meet the visa application requirements. The ENS TRT application is not affected by occupation lists.


6) Will there be further changes to the STSOL or MLTSSL occupation lists?

Yes. The Department plans to review and change the lists every 6 months as a regular update. It is expected that there will be changes on 1 July 2017.


7) Are there any changes to the English requirements for the RSMS and ENS visa applications?

Yes the English language requirements will change on 1 July 2017. Applicants applying for the Temporary Residence Transition pathway will need to meet “Competent” English ability (IELTS 6.0 across all components, or equivalent), the same as Direct Entry pathway requirements.


8) What other changes are there if I am looking to apply for the RSMS or ENS visa on or after 1 July 2017?

Besides the higher English requirements for TRT pathway applicants, Direct Entry pathway applicants will need to be below the age of 45.


9) In general what are the changes happening for the permanent employer sponsored visas in March 2018?

The ENS and RSMS visas will have new requirements, such as:

- age limit of 45 years

- the nominated occupation must be on the MLTSSL (additional occupations may be approved for regional areas)

- annual salary no lower than the Temporary Skilled Migration Income Threshold (TSMIT) which is currently $53,900

- at least 3 years relevant work experience

- the TRT pathway will require at least 3 years on the new Medium Term Temporary Skills Shortage (TSS) visa


10) I am a 457 visa holder and I will not meet the two years required for the TRT pathway before March 2018. What should I do?

Each individual occupation, qualification and work experience may mean different options for different applicants. It is best to book a consultation with our Registered Migration Agents to understand your situation and how the announced changes may or may not affect you. Contact us today to know more.


Need to know more about the changes? Contact Work Visa Lawyers to discuss further.


Sources:

Department of Immigration and Border Protection

This information is accurate on 9 June 2017


Do you need help with an Australian visa or citizenship 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. We have also assisted applicants with Australian citizenship applications, especially for those with unusual circumstances.

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

(08) 8351 9956 or +61 8 8351 9956

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Key terms: Migration Policy Changes – Employer Sponsored Visas – Subclass 187 RSMS – Subclass 186 ENS – English Requirements – Age Requirements

With the announcement of the 457 visa programme being abolished in March 2018, the Department of Immigration and Border Protection (DIBP) also announced changes to be introduced to the permanent employer sponsored visas, which include:

·         the subclass 186 Employer Nomination Scheme (ENS) visa

·         the subclass 187 Regional Sponsored Migration Scheme (RSMS) visa

The changes are planned to be introduced in stages on 1 July 2017 and March 2018. In this article we will be looking at the changes coming on 1 July 2017.

Key terms: Migration Policy Changes – Skilled Independent Visa – Subclass 189 visa – New Zealand visa stream – SkillSelect – Age Requirements – New Zealand citizens in Australia - Subclass 444 Special Category visa

New Changes for the Subclass 189 Skilled – Independent Visa from 1 July 2017

The Australian Government has introduced new changes for the subclass 189 Skilled Independent visa. Effective from 1 July 2017 the following applies:

·         applicants will need to be below 45 years of age to receive an Invitation to Apply (ITA)

·         New Zealand (NZ) citizens will be eligible to apply for the subclass 189 visa if they meet requirements for the NZ visa stream

Key terms: VETASSESS – Migration Skills Assessment – Skilled Occupation List changes – Nominated Occupation – Short-term Skilled Occupation List – STSOL – Medium and Long-term Strategic Skills List – MLTSSL

VETASSESS is one of the many Skills Assessment Authorities which processes and issues Migration Skills Assessment results. Many generic business occupations and miscellaneous specialist professions are assessed by VETASSESSS.

Following the announcement of the new Skilled Occupation Lists – the Short-term Skilled Occupation List (STSOL) and the Medium and Long-term Strategic Skills List (MLTSSL), VETASSESS has issued an announcement as 216 occupations were removed from the combined list of occupations suitable for migration.

My nominated occupation was one of the occupations removed! What happens now?

Key terms: Australian Citizenship

*This is a developing story. Further details may become available at a later date.*

The Australian Prime Minister and Minister for Immigration have held a joint media conference today and announced new (tougher) criteria for the Australian citizenship application. The changes include:

·         residence of FOUR years as an Australian Permanent Resident  before applying (increase from one year)

·         demonstrate English language ability (potentially IELTS 6 but yet to be confirmed)

·         demonstrate integration and contribution to the Australian community (employment, children in school, etc.)

·         number of test attempts limited to THREE times. If you failed the test three times you will need to wait for another two years before you can take the test again

·         stricter criminal background checks

·         change to questions in the citizenship test to reflect Australian values

*This is a developing story. More details to follow.*

The Prime Minister of Australia has announced the removal of the 457 visa programme. It is expected to be replaced by two new temporary work visas.

When is the 457 visa programme going to be removed?

The plan for complete removal is by March 2018. The definite date has not been announced.

I am currently on a 457 visa! What will happen to my status?

At this time we understand that all existing 457 visa holders wil maintain their visa status. No further 457 visas will be issued.

I have an ongoing 457 visa application! What will happen to it now?

At this time there has not been any information with regards to applications being processed. We will provide details on this matter as soon as it is available.

Key terms: Queensland State Sponsorship – Subclass 190 Skilled Nominated Visa – Subclass 489 Skilled Regional Sponsored Visa – General Skilled Migration

The Queensland state migration department – Business & Skilled Migration Queensland (BSMQ) has suspended all applications for state nomination/sponsorship on 10 April 2017. The suspension affects state sponsorship applications for:

·         subclass 190 Skilled Nominated visas

·         subclass 489 Skilled Regional Sponsored visas (sponsored by Australian State/Territory)

While most other state and territory migration agencies will finalised applications already lodged, BSMQ will freeze and not process all unfinalised applications until the new programme year on 1 July 2017. The BSMQ announcement reads: