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Migration Skills Assessment and Registration for Registered Nurses and Enrolled Nurses

Migration Skills Assessment and Registration for Registered Nurses and Enrolled Nurses

 2018 UPDATE:

How to Increase Your Points for Employer Sponsored (RSMS 187, ENS 186), Independent (189, 489), and State Nomination (190) Skilled Visas

Australian SkillSelect Round Results September/August 2018 - Skilled Independent & Regional Visa Occupation Lists

Skills Assessments & Occupation Lists for Australian TSS 482 And Employer-Sponsored Permanent Resident Visas

Medical and health professionals are always in demand in Australia. To apply for an Australian visa via the General Skilled Migration programme (which includes the Skill – Independent Subclass 189 visa, the Skill – Nominated Subclass 190 visa and the Skill – Regional Sponsored Subclass 489), a positive skills assessment is required. Skills assessments for health professionals can be complicated and confusing as registration with the relevant health authority in Australia is required before a positive skills assessment result can be issued.

We constantly receive repeated queries about the migration skills assessment and registration requirements from overseas nurses and midwives, as well as from international students who are completing nursing studies in Australia. As such we hope to provide more helpful information in relation to the topic at hand.

In this article we will be looking at the registration process for registered nurses, enrolled nurses and midwives, as part of the process of obtaining a positive skills assessment for migration purposes. The questions we will be answering include:

What is the Australian Nursing and Midwifery Accreditation Council (ANMAC)? How is it different from the Nursing and Midwifery Board of Australia (NMBA)?

ANMAC is responsible for making an assessment on an applicant’s work experience and qualifications to determine the applicant’s suitability for skilled migration. A health professional would obtain the migration skills assessment from ANMAC before lodging a visa application.

NMBA is the registration body in Australia which manages the registration of nurses and midwives in Australia. It is compulsory for nurses and midwives to be registered in Australia. You cannot work in Australia as a nurse or midwife unless you are registered with NMBA. NMBA also sets policies and standards for the nursing and midwifery profession. You can find out more about the NMBA from the Australian Health Practitioner Regulation Agency (AHPRA) website here.

In other words you will need to:

  • apply for the skills assessment with ANMAC to apply for Australian work visas or the General Skilled Migration visas; and
  • apply for registration with NMBA to work as a nurse or midwife in Australia.

So where do I start to have my skills assessed as a nurse or midwife?

Nurses and Midwives flowchart

The migration skills assessment is processed by ANMAC. The key point to note is that ANMAC offers different pathways for the migration skills assessment. The different pathways are:

  • Full skills assessment
  • Modified skills assessment

If you have registration with NMBA you can apply for a modified skills assessment. It is advisable to obtain registration with NMBA first and apply via the ANMAC modified skills assessment because of the following reasons:

  1. You automatically meet the assessment standards for the modified skills assessment if you are registered with NMBA
  2. You do not need to provide English test results if you are already registered with NMBA
  3. ANMAC only accepts IELTS or OET for the full skills assessment whereas NMBA accepts IELTS, OET, PTE Academic and TOEFL iBT for registration
  4. You can combine scores of TWO English exam sittings to meet the English requirements for registration with NMBA (ANMAC only accepts scores in a single sitting)
  5. A modified skills assessment costs A$330 whereas a full skills assessment costs A$900

What are the English requirements for NMBA?

For initial registration with the NMBA you can use different English exams to demonstrate the meeting of English requirements for the registration. The scores required for the different English exams are listed below. You should note that as mentioned above, you can COMBINE scores from two sittings of the same exam, as long as they are within a six-month period.

You can meet the English requirements for registration with NMBA without taking an English exam but you will need to show education in English and work in one of the following recognised countries:

  • Australia
  • Canada
  • New Zealand
  • Republic of Ireland
  • South Africa
  • United Kingdom, or
  • United States of America.

The following is a detailed description of what scores are required for the different English exams accepted by NMBA.

IELTS Academic Module

Minimum overall score of 7 and a minimum score of 7 in each of the four components (listening, reading, writing and speaking

If combining scores from two sittings, the following is required:

  • The two exam sittings are within a 6-month period
  • Both exams achieved a minimum overall score of 7
  • There are no components in the two exams with a score lesser than 6.5
  • By using the two exam results you will have a minimum score of 7.0 in all components

Examples:

 

Writing

Reading

Listening

Speaking

Average

Result

Test 1

6.5

6.5

7.0

8.0

7.0

Combined test scores meet registration standards

Test 2

7.0

7.0

7.5

6.5

7.0

 

Writing

Reading

Listening

Speaking

Average

Result

Test 1

6.5

6.5

7.0

8.0

7.0

Combined test scores cannot be used

Test 2

7.0

7.0

6.0

6.0

6.5

OET

Minimum score of B in each of the four components (listening, reading, writing and speaking)

If combining scores from two sittings, the following is required:

  • The two exam sittings are within a 6-month period
  • All four components were tested for the two exams taken
  • There are no components in the two exams with a score lower than C
  • By using the two exam results you will have a minimum score of B in all components

Examples:

 

Writing

Reading

Listening

Speaking

Result

Test 1

C

C

B

B

Combined test scores meet registration standards

Test 2

B

B

A

C

 

Writing

Reading

Listening

Speaking

Result

Test 1

C

C

B

B

Combined test scores cannot be used

Test 2

B

B

C

D

PTE Academic

Minimum overall score of 65 and a minimum score of 65 in each of the four communicative skills (listening, reading, writing and speaking)

If combining scores from two sittings, the following is required:

  • The two exam sittings are within a 6-month period
  • Both exams achieved a minimum overall score of 65
  • There are no components in the two exams with a score lower than 58
  • By using the two exam results you will have a minimum score of 65 in all communicative skills

Examples:

 

Writing

Reading

Listening

Speaking

Average

Result

Test 1

58

58

65

79

65

Combined test scores meet registration standards

Test 2

65

65

73

58

65

 

Writing

Reading

Listening

Speaking

Average

Result

Test 1

58

58

65

79

65

Combined test scores cannot be used

Test 2

65

65

50

50

58

TOEFL iBT

Minimum total score of 94 and the following minimum score in each section of the test:

  • 24 for listening
  • 24 for reading
  • 27 for writing, and
  • 23 for speaking

If combining scores from two sittings, the following is required:

  • The two exam sittings are within a 6-month period
  • Both exams achieved a minimum overall score of 94
  • Minimum score of 24 for Listening, 24 for Reading, 27 for Writing, 23 for Speaking across the two sittings
  • For the two sittings all sections are at the minimum score or above:
    • 20 for Listening
    • 19 for Reading
    • 24 for Writing
    • 20 for Speaking

Examples:

 

Writing

Reading

Listening

Speaking

Total

Result

Test 1

24

19

24

27

94

Combined test scores meet registration standards

Test 2

27

27

20

20

94

 

Writing

Reading

Listening

Speaking

Total

Result

Test 1

24

19

24

27

94

Combined test scores cannot be used

Test 2

27

27

19

19

92

The additional choices for English exams and the ability to combine test scores from two different sittings are huge advantages for registering with NMBA when compared with the criteria for a standard migration skills assessment with ANMAC.

Therefore as a nurse or midwife, the first step you should take is to find out the registration process with NMBA. You can find out more here. Alternatively, contact Work Visa Lawyers to make an appointment and have your visa options assessed.

I have the required English exam results. What else is required for the NMBA registration?

Other than meeting the English requirements, applicants will also need to show the following:

  • Your qualification makes you eligible to apply for registration to practise as a registered nurse in the country where you completed the program of study
  • The education institute and study programme needs to externally accredited during the period of studies (If you are unable to meet this requirement, you may be referred to an NMBA-approved bridging program to facilitate the meeting of this requirement)
  • Your nursing qualification is deemed to be equivalent to an Australian nursing bachelor’s degree
  • Your overseas study programme included a minimum of 800 hours of supervised workplace experience in an actual practice setting
  • Confirmation from your education institute that you have, as part of your study programme, completed an assessment in medication management for the following:
    • Administration of medication
    • Pharmacokinetics
    • Pharmacodynamics

It is possible for Work Visa Lawyers to conduct a preliminary assessment as to whether you will be able to meet the requirements for registration with NMBA, before you begin the registration process. If you are keen to find out more about your options, please contact us to arrange an appointment.

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

Health professionals are always asked to obtain registration in Australia first before they can receive a suitable skills assessment for their Australian skilled visa application. While the assessment and registration process can be confusing with two different agencies managing the profession, this article is produced with the aim of simplifying and explaining the necessary steps.

The English requirements of registration with NMBA is more advantageous for potential migrants with more English exams being accepted as well as the option to combine scores from 2 separate sittings. Nurses and midwives are strongly encouraged to register with NMBA first before submitting a migration skills assessment with ANMAC.

Do note that a positive skills assessment is only part of the Australia visa application requirements. Applicants will need to meet other criteria such as age, qualifications, English, work experience, health and character. Depending on the points total and occupation a state nomination may be required as well.

As such always check and verify that you meet all requirements before submitting a visa application. Be in touch with Work Visa Lawyers if you require such professional services.

This information is accurate on 6 January 2016

Source:

  1. http://www.ahpra.gov.au/Registration/Registration-Standards/English-language-skills.aspx
  2. http://www.anmac.org.au/nurse-or-midwife-registered-australia-or-new-zealand
  3. http://www.anmac.org.au/faqs
  4. https://www.ahpra.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) 8351 9956 or +61 8 8351 9956

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457, RSMS and ENS Work Visa Categories Affected by Penalties Introduced if Paying Businesses for Sponsorship

457, RSMS and ENS Work Visa Categories Affected by Penalties Introduced if Paying Businesses for Sponsorship

 

In our earlier blog looking at the year 2015 in review, it was mentioned that the Department of Immigration and Border Protection (DIBP) has introduced measures to penalise activities and arrangement in relation to “Payment for Visas”. On 4 December 2015, the Australian Federal Parliament passed the bill for the Migration Amendment (Charging for a Migration Outcome) Act 2015. New criminal, civil and administrative sanctions, and visa cancellation provisions were introduced on 14 December 2015.

The range of actions that can be taken by the DIBP extends to visa applicants, business sponsors and related third parties (such as migration agents) who participate in a payment-for-visa scheme. The severe penalties include:

  • Criminal penalties punishable by a maximum of 2 years imprisonment or a fine equivalent to $64,000 for an individual person or $324,000 for a body corporate
  • Civil penalties applicable to the sponsor, visa applicant or other third party who received or provides or offers a benefit related to a sponsorship related offence will equate to $43,200 for an individual person or $216,000 for a body corporate
  • Provisions for the DIBP to consider cancellation of visas granted to applicants who engage in payments-for-visas conduct

The “payment” in reference includes benefits other than monetary payments. This new legislation will affect the 457 work visa, the Employer Nominated Scheme (ENS) 186 visa and the Regional Sponsored Migration Scheme (RSMS) visa.

Will it affect my 457 visa?

Yes it could if you paid your sponsor! If you paid for sponsorship your visa could be cancelled! The new Bill introduces a discretionary power to consider cancellation of a temporary or permanent visa where the visa holder has engaged in a "payment for visa" conduct.

You can obtain more information about the newly announced measures at the DIBP webpage here.

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

The measures introduced are part of the recommendations that were tabled in the 457 visa programme integrity review released by the DIBP. The penalties and powers granted to the DIBP demonstrate a strong intention to protect the integrity of the temporary work visa programme.

Even without the fear of punishment and penalties, individuals and businesses should be vigilant and avoid visa scams as they become a source of exploitation of the system and genuine overseas workers. The power to cancel a visa that was granted based on a payment-for-visa scam is a concern for those who have already paid for sponsorship before the Bill came into power.

This information is accurate on 18 December 2015

Source:

1. http://www.border.gov.au/Trav/Work/Work-1

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

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Australia announces new Entrepreneur Visa to promote innovation

Australia announces new Entrepreneur Visa to promote innovation

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

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Work Visa Lawyers Year-End News for Australia Migration

Work Visa Lawyers Year-End News for Australia Migration

As the year rolls to a close and the majority of our readers look forward to spending some time at the beach (as above) or some other well-deserved rest and relaxation activity, it is also time to look back at the year and recap what has been developing in the Australia migration regulations.

The Headlines You Need To Know

The 457 Temporary Work Visa is undergoing continuous change due to two factors:

1) The 457 Visa Programme Integrity Review Report

Released by the Department of Immigration and Border Protection (DIBP) on 10 September 2014, the review report made 22 recommendations to the 457 visa programme. Some of the recommendations have already been implemented while some will be rolled-out in the first half of 2016.

2) Temporary Work Visa Exploitation in Recent Media

Most of us would have heard about the exploitation of working visa holders by 7-Eleven franchises across Australia. This has alarmed the Department in stepping up on checking the integrity of business sponsorships and monitoring both the business sponsor and visa holder in relation to the obligations of the 457 Temporary Work Visa.

So what are the changes in place?

The following is a list of changes that have happened or are expected to happen in time:

English Requirements

The English requirements have been lowered as part of the Review Report recommendations. Here are the new requirements:


English test

Minimum band score

Minimum scores for test components

Listening

Reading

Speaking

Writing

IELTS test

Overall band score 5.0

4.5

4.5

4.5

4.5

OET

-

B

B

B

B

TOEFL iBT

Total band score 36

3

3

12

12

PTE

Overall band score 36

30

30

30

30

CAE

Overall band score 154

147

147

147

147


Additionally the exemption to the English requirement has now changed to requiring an applicant to have at least 5 years of cumulative full-time study in a secondary and/or higher education institution where the instruction was delivered in English. Previously the studies needed to be completed consecutively for 5 years.

Training Benchmarks

Training Benchmarks are a key criteria for business sponsors to meet and uphold as part of the 457 sponsorship requirements. It is recommended that the current benchmarks will be replaced by annual training fund contributions to the Department of Industry. This is likely to be implemented in 2016. 

Validity of Standard Business Sponsorships (SBS)

Companies must apply to be an approved Business Sponsor before they can sponsor overseas workers for a 457 Temporary Work Visa. The validity of Standard Business Sponsorships (SBS) has been lengthened from 3 to 5 years for existing businesses; and from 12 to 18 months for new businesses which have operated for less than 12 months. The SBS will be valid for 6 years if you are an Accredited Sponsor.

Penalties for Business Sponsors who Receive Payment in Return for Sponsorships

On 4 December 2015, the Australian Federal Parliament has passed the bill for the Migration Amendment (Charging for a Migration Outcome) Act 2015. This is specifically targeting businesses which have sponsored overseas workers in a non-genuine capacity and received payments in return for the sponsorship. Such actions will now incur a civil and criminal penalty. A third party such as employment placement agencies, migration agents and so forth can also be charged under the offence. The severe penalties include:

  • Criminal penalties punishable by a maximum of 2 years imprisonment or a fine equivalent to $64,000 for an individual person or $324,000 for a body corporate
  • Civil penalties applicable to the sponsor, visa applicant or other third party who received or provides or offers a benefit related to a sponsorship related offence will equate to $43,200 for an individual person or $216,000 for a body corporate

The Bill also allows the Department to consider visa cancellations where the visa holder has engaged in a 'Payment for Visas' conduct.

Additional Information Required During the 457 Visa Nomination Process

As of 20 November 2015, the Department is now requiring businesses to provide the names of the owners, directors and major shareholders of the business as part of the application process.

This latest requirement was introduced probably to identify applications where "self-sponsorship" for the 457 visa is being done. Self-sponsorship is when businesses sponsor one or more of the owners for a 457 visa.

What else can we expect to happen for the 457 Visa Programme?

As mentioned there were a total of 22 recommendations made in the final report of the integrity review. We expect more changes to be introduced in the first half of 2016 and perhaps at the beginning of the new fiscal year in July 2016.

The Department seems to be heading into the direction of increased and more detailed checks of the 457 sponsorship, nomination and visa application process. It is expected that there will be more monitoring of 457 business sponsors and visa holders to ensure compliance and fulfilment of the obligations of the visa.

Meet us during the weekend!

Work Visa Lawyers is pleased to announce that we will be taking appointments on the weekend of 19 and 20 December 2015. December is the busy month when many visa applications are lodged and visa issues resolved. As such, Principal Migration Agent and Lawyer, Chris Johnston has made himself available for consultation during the weekends. We understand visa matters may be urgent at this time of the year and would like to assist as many applicants as possible.

Appointment places are LIMITED so contact us as soon as possible to schedule your appointment.

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Call: +61 8 8351 9956

Season's Greetings from All of Us at Work Visa Lawyers!

All of us at Work Visa Lawyers would like to take this opportunity to wish everyone a

Wonderful, Merry Christmas and Happy New Year!

Best wishes and have a great year ahead!

Do you need help or more details about your situation?

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

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The 10 Things You Need To Know for 457 Visas - 2015 November Update

The 10 Things You Need To Know for 457 Visas - 2015 November Update

 

What is the Australia 457 Work Visa?

The Temporary Work (Skilled) visa (subclass 457), popularly referred to as the “457 visa” is the most common temporary work visa for Australia. You can apply for the 457 visa if you are sponsored by a company to work in Australia. Here is an overview of what the 457 visa allows you (and your family – partner and children) to do in Australia:

  • Live in Australia for a period of up to 4 years

  • Work for the sponsoring company for up to 4 years

  • Travel in and out of Australia repeatedly for a period of up to 4 years

  • Study in Australia for the period of the visa validity

  • You (and your family) must have your own private health insurance for your stay in Australia

While it sounds straightforward, the 457 visa comes with its strict requirements and obligations on both the sponsoring business and the sponsored 457 visa applicant. As such Work Visa Lawyers is pleased to provide an updated “10 Things You Need to Know for the 457 Visa”.

The 10 Things You NEED to Know to Apply for a 457 Visa

  1. The Three Stages of the 457 Visa Application

There are three stages to the 457 visa application, namely:

          1. Company applies to be an Approved Business Sponsor

          2. The Approved Business Sponsor Nominates a Position for Sponsorship

          3. The visa applicant applies for the 457 visa to work in the Nominated Position

  1. What are Training Benchmarks? How do you meet the requirements?

Training Benchmarks are requirements that need to be fulfilled by the company who is applying to be a business sponsor. The requirements were introduced to ensure local Australian workers are provided training to perform the work required by the company, thus reducing the dependency of the company on overseas workers.

The Training Benchmarks are as follows:

Training Benchmark A - recent expenditure to the equivalent of at least two per cent of the payroll of the business, in payments allocated to an industry training fund that operates in the same industry as the business

Training Benchmark B - recent expenditure to the equivalent of at least one per cent of the payroll of the business, in the provision of training to employees of the business who are Australian citizens or Australian permanent residents.

If the business is new (operating for less than 12 months), an auditable training plan is required instead.

If you are unsure how to demonstrate that you have met the Training Benchmarks, please contact Work Visa Lawyers for a more detailed discussion.

  1. Is your occupation SUITABLE for Sponsorship under the 457 visa programme?

Not all occupations are suitable for the 457 visa programme. Only occupations on the Skilled Occupation List and the Consolidated Skilled Occupation List can be nominated for a 457 visa. You can view the occupation lists here.

The most popular occupations for 457 visa sponsorship for the year 2014-2015 to 31 March 2015 are as follows:

  1. Developer Programmer

  2. Cook

  3. Café or Restaurant Manager

  4. Marketing Specialist

  5. Software Engineer

  6. ICT Business Analyst

  7. University Lecturer

  8. Management Consultant

  9. General Practitioner

  10. Resident Medical Officer

  11. Chef

  12. Sales and Marketing Manager

  13. Accountant (General)

  14. Mechanical Engineering Technician

  15. ICT Project Manager

If the occupation to be nominated is not on the Skilled Occupation Lists then a Labour Agreement will be required. You can always speak to Work Visa Lawyers if you need to clarify the occupation or to learn more about Labour Agreements.

  1. How does a business qualify to nominate an applicant for the 457 visa?

There are a number of criteria to be fulfilled by the business to become a sponsor for a 457 visa. The requirements include:

  • Meeting the Temporary Skilled Migration Income Threshold (TSMIT)

This is the minimum annual salary you must pay for the sponsored 457 visa worker. The TSMIT is currently A$53,900.

You need to note that if the average market salary for the position is lower than the TSMIT, you cannot simply overpay an overseas worker to enable sponsorship under the 457 visa programme.

  • Fulfil the Labour Market Testing (LMT) requirements

This requires the business to test local labour markets to demonstrate effort to recruit local workers before deciding to sponsor an overseas worker for the required position.

  • Providing Employment Terms that are equivalent to terms offered to an Australian employee

  • The sponsored worker must work directly for the business

  • The work and position must be genuinely available and relevant to the operations of the business

The requirements are complex and may vary according to different industries. Please contact Work Visa Lawyers if you need a more detailed explanation that is relevant for your business or industry.

  1. What are the requirements for a 457 visa applicant?

The applicant needs to be nominated for a position that corresponds to an occupation listed of the Skilled Occupation Lists.

Additionally the applicant will also need to meet skills, registration, English, health and health insurance requirements for the visa application.

Skills

Applicants need to demonstrate that they have the necessary qualification (and work experience, if applicable) to perform the duties required for the nominated occupation. Many trade level positions on the CSOL will require the visa applicant to have successfully completed a TRA 457 skills assessment

Registration and Licensing

If the nominated occupation requires licensing or registration in Australia, the applicant needs to obtain the registration or licence, or demonstrate that they meet the requirements for registration or licensing in Australia.

English

Unless otherwise stated, 457 visa applicants can demonstrate meeting the English requirements for the 457 visa application with the following:

  • an International English Language Testing System (IELTS) overall test score of at least 5.0 with a score of at least 4.5 in each of the four test components

  • an Occupational English Test (OET) score of at least ‘B’ in each of the four components

  • a Test of English as a Foreign Language internet-based test (TOEFL iBT) total score of at least 36 with a score of at least 3 for each of the test components of listening and reading, and a score of at least 12 for each of the test components of writing and speaking

  • a Pearson Test of English (PTE) Academic overall test score of at least 36 with a score of at least 30 in each of the four test components

  • a Cambridge English: Advanced (CAE) overall test score of at least 154 with a score of at least 147 in each of the four test components

  • you are a passport holder from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America

  • you have completed at least five years of full-time study in a secondary or higher education institution where instruction was conducted in English.

You may need a higher English score if it is necessary for your registration or licensing.

An exemption to meet the English requirements is possible if the overseas worker is paid an annual salary that is more than the English language requirement exempt amount. The amount is currently A$96,400.

Health and Health Insurance

The applicant and family members will need to be in good health and also arrange for health insurance for the duration of the stay in Australia.

  1. What are the obligations of the 457 business sponsor and visa applicant after the visa is granted?

It is critical that the 457 visa holder and business sponsor adhere to the obligations and conditions of the 457 visa when it is approved. Failure to meet the conditions will result in visa cancellations and/or removal of sponsorship status for the business.

457 visa holder obligations

  • You are only allowed to work for the business that sponsored you

  • Must start work within 90 days or arrival to Australia

  • Must not stop working for the employer for more than 90 consecutive days

  • Obtain registration or licences if necessary

  • Maintain adequate health insurance for you and your family in Australia

457 business sponsor obligations

To prevent exploitation of overseas workers and to ensure skill shortages are genuinely met the sponsor will need to do the following:

  • Cooperate with the Department for checks on compliance

  • Ensure employment conditions are fair

  • Keep and maintain records of employment for the 457 visa holder

  • Ensure that the sponsored 457 visa worker does not perform duties other than what is required for the nominated occupation

  • Do not obtain payment from the sponsored worker for the costs of the 457 visa application

  • Continue to meet the Training Benchmark requirements

  • Pay the travel costs for the sponsored worker to leave Australia when the visa validity expires

As shown there are more to the 457 visa than the initial visa application requirements. You can check with Work Visa Lawyers if you need more information about your obligations or situations such as when employment ceases, or if the business is being monitored by the Department.

  1. Can you apply for Permanent Residence after obtaining a 457 visa to work in Australia?

After working for the business sponsor for at least 2 years, you can apply for permanent residency under the 186 Employer Nomination Scheme (ENS) or the 187 Regional Sponsored Migration Scheme (RSMS) pathway. The requirements and process of these visa applications will be discussed in a separate blog.

  1. The 457 Visa Programme Integrity Review and the recommended changes

On 10th September 2014 the Department a final report on the review of the integrity of the 457 visa programme by an independent panel. A total of 22 recommendations were made and some of the recommendations are in fact already in place. More changes are to be expected towards the end of 2015 and beginning of 2016.

To ensure that you are informed on the ongoing changes for the 457 visa programme, check our News section and search “457” for the collection of news relevant to updates for the 457 visa programme. Alternatively you can follow us on Facebook or Twitter to receive the updates.

  1. What are the other employer-sponsored Australian work visas?

The consideration for applicants whose occupations are not on the Skilled Occupation Lists would be as follows:

  1. Regional Sponsored Migration Scheme (RSMS)

  2. Sponsorship by a Labour Agreement

There is an occupation list for the RSMS Direct Entry stream and the list is long. You can check with Work Visa Lawyers to determine the suitability of the occupation for the RSMS Direct Entry.

Labour Agreements are usually a complex process and will require external and professional assistance to get one in place.

  1. Do you need help or more details about your situation?

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.

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ICT Professionals provides huge numbers for the Australia migration programme

ICT Professionals provides huge numbers for the Australia migration programme

Information and Communications Technology (ICT) professionals have been a main group of applicants for the Skill Stream of the Australian Migration programme for a long time. In the year 2014-2015, 2 out of the top 5 occupations of primary applicants in the Skill Stream were ICT positions. ICT professionals are identified by 3 main groups in Australia, namely:

  • ICT Business and Systems Analysts (ANZSCO: 2611)

  • Software and Applications Programmers (ANZSCO: 2613)

  • ICT Support and Test Engineers (ANZSCO: 2632)

According to the Job Outlook website by the Australian Government Department of Employment, here is a table summarising job prospects and median weekly salaries for ICT professionals in Australia:

ICT Group

Employment Growth

(to 2019)

Job Openings

(to 2019)

Full Time Weekly Earnings (AUD) in August 2013*

ICT Business and Systems Analysts

VERY STRONG

AVERAGE

$1,678

Software and Applications Programmers

STRONG

ABOVE AVERAGE

$1,610

ICT Support and Test Engineers

STRONG

LOW

$1,472

*Weekly earnings for all occupations were $1,152

The employment indicators for ICT professionals look favourable for the future and it is expected that many ICT professionals from overseas will be moving to Australia temporarily or permanently. ICT professionals from overseas can move and work in Australia by applying for:

  • Employer Sponsored visas such as:

    • Temporary Work (Skilled) – the “457” visa

    • Regional Sponsored Migration Scheme (RSMS) - subclass 187 visa

    • Employer Nomination Scheme (ENS) - subclass 186 visa

  • General Skilled Migration (GSM) visas such as:

    • Skilled Independent - subclass 189 visa

    • Skilled Nominated - subclass 190 visa

    • Skilled Nominated or Sponsored (Provisional) - subclass 489 visa

The visa options are also available to international students who have completed their studies in Australia. The Temporary Graduate visa is an additional visa that is available to international students who meet the Australian study requirement.

Most visa applications for ICT professionals will need a positive skills assessment from the Australian Computer Society (ACS). The ACS Skills Assessment has many different pathways and you will need to check that you meet the requirements of the correct pathway that is applicable to your circumstances (qualifications, work experience, etc.). Here are some of the considerations you should take note of when applying for a Skills Assessment from ACS:

  • Is your IT qualification highly relevant to your role at work/nominated occupation?

  • Is your IT qualification equivalent to an Australian diploma? Or Bachelor’s degree?

  • Did you work in different roles during your IT career? You cannot combine work experience from different IT occupations for the Skills Assessment.

  • ICT Support Technicians are assessed by Trades Recognition Australia (TRA) and not the ACS

  • Professional IT qualifications or vendor certifications, such as Microsoft Certified Solutions Expert (MCSE), Microsoft Certified Solutions Developer (MCSD), Cisco Professional, Cisco Expert and Cisco Architect are accepted as IT qualifications for ACS Skills Assessment purposes.

As other traditional major occupations such as Accountants face saturation in the Australia visa application pool, studying in an IT education course may lead to a better pathway for further visa applications. Currently Accountants need to score 70 points in the Expression of Interest (EOI) to receive an Invitation to Apply (ITA). ICT professionals in ANZSCO group 2611 and 2613 only need 65 points to receive an ITA.

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

The strong employment outlook and attractive conditions will help ICT professionals make a decision on moving to Australia. Prospective students should also consider studying in the field of ICT as the profession looks more favourable for visa applications that allow further stay in Australia.

Work Visa Lawyers is very familiar with the ACS Skills Assessment requirements and can also provide guidance on the Recognition of Prior Learning (RPL) pathway for suitable applicants. We will help identify the right application pathway and manage the application for you. Contact us to book an appointment and we can explain the ACS skills assessment process and your Australia visa application procedures to you.

This information is accurate on 14 November 2015

Source:

  1. http://www.border.gov.au/ReportsandPublications/Documents/statistics/2014-15-Migration-Programme-Report.pdf

  2. http://joboutlook.gov.au/occupation.aspx?code=2611&search=industry&Tab=prospects

  3. http://joboutlook.gov.au/occupation.aspx?search=industry&tab=prospects&cluster=&code=2613

  4. http://joboutlook.gov.au/occupation.aspx?search=industry&tab=prospects&cluster=&code=2632

  5. https://www.acs.org.au/migration-skills-assessment/information-for-applicants

  6. http://www.border.gov.au/WorkinginAustralia/Pages/SkillSelect-23-October-2015-Round-Results.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, 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.

 

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Work Visa Lawyers at the 11th Korean Culture and Food Festival!

 

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 doing Tradtional Dancing at Korean Festival 2015

 Children dancing in traditional Costumes

 

 With the SA Korean Community President 2015

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

 

 Tae Kwan Do demonstration at korean Festival 2015

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.

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Join Work Visa Lawyers at the 11th Korean Culture and Food Festival! / 제 11회 한국 음식문화 축제에서 Work Visa Lawyer를 만나보세요

Join Work Visa Lawyers at the 11th Korean Culture and Food Festival! / 제 11회 한국 음식문화 축제에서 Work Visa Lawyer를 만나보세요

 

 

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:     14th 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 14th!

올해로세번째연속으로 Work Visa Lawyer독립부스로한국문화축제에참여합니다. 아침에크리스마스페젼트행렬을보시고, 오후에음식과볼거리가풍부한한국문화축제로오세요. Work Visa Lawyer부스로오시면, Principal Lawyer이자 Migration Agent이신 Mr Chris Johnston한국인 AgentChristine Lee만나실있습니다. 그동안궁금했던호주이민에대한간단한답변을무료로들을있고, 만약이후에저희에게정식으로한시간상담을받으신다면, 그때사용할있는 50할인권도드립니다 (상담비는한시간에 200불입니다). 

Korea Festival 1

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, 호주이민에대한궁금한점이나문제점이있다면도와드릴있기를희망합니다. 행사장에서만나요.

Korea Festival 2

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.

 

 

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Crisis for Accountants looking to migrate to Australia under Skilled Migration!

Crisis for Accountants looking to migrate to Australia under Skilled Migration!

Accountants have traditionally formed a large part of the Australia skilled migration numbers. The ANZSCO Unit Group 2211 includes:

  • 221111 Accountant (General)
  • 221112 Management Accountant
  • 221113 Taxation Accountant

 


 

2018 UPDATE:  Accountants -  How to Increase Your Points for Employer Sponsored (RSMS 187, ENS 186), Independent (189, 489), and State Nomination (190) Skilled Visas

In previous years planning numbers allocated to accountants were approximately 5000 per programme year. However this was reduced by approximately 54% in the 2015-16 migration programme to 2525 places.

As a result places for accountants were quickly filled and the Department of Immigration and Border Protection (DIBP) announced that invitations to accountants will be issued in a pro rata arrangement.

The Points Required for Accountants are Going UP!

According to the latest invitation round (7 September 2015) results, accountants are only receiving Invitations to Apply (ITA) if:

  • The application scored 70 points or more (65 points required in the previous round), and
  • The application was lodged in August 2015 or earlier

Occupations in ANZSCO group 2212 – Auditors, Company Secretaries and Corporate Treasurers will no longer receive ITAs in this programme year as the occupational ceiling has been met. This means that applicants within this group of nominated occupations will have to wait until at least next year to receive an ITA. A reminder to all that the Expression of Interest (EOI) will only be stored on the DIBP Skill Select system for 2 years. Will accountants get the same treatment?

What Can You Do if You are Migrating as an Accountant?

The main strategy will be to obtain as many points as possible to receive an ITA. There are a few ways to increase your points, such as:

  • Taking English exams to achieve Superior English
  • Completing a Professional Year in Australia
  • Obtaining Australian Work Experience
  • Completing a tertiary course from an institute that qualifies for Regional Study Points
  • Obtaining State Sponsorship

Superior English

Achieving English exam results at a Superior level will allow you to claim 20 points, versus 10 points for Proficient English. With the availability of other English exams (visit our blog here for all the options), you might be able to improve your English scores and meet Superior English requirements. To achieve Superior English you need to achieve the following:

English Language
proficiency level

Test component

IELTS

TOEFL iBT

PTE Academic

Cambridge English:
Advanced (CAE)*

OET

Superior
(for points tested Skilled visas)

Listening

8.0

28

79

200

A

Reading

8.0

29

79

200

A

Writing

8.0

30

79

200

A

Speaking

8.0

26

79

200

A

Professional Year

An additional 5 points are available if you completed a Professional Year in Australia. These Professional Year courses are offered by the following organisations:

  • Australian Computer Society
  • CPA Australia
  • Institute of Chartered Accountants of Australia
  • Institute of Public Accountants (formerly the National Institute of Accountants)
  • Engineers Australia

You can find out more about the Professional Year at the organisations’ website

Australian Work Experience

If you have work experience in Australia you stand to gain 5 more points as compared to any overseas work experience that you are claiming, i.e. 3 years of work experience from overseas will give you 5 points, whereas 3 years of work experience in Australia will give you 10 points. This will be helpful if you are thinking about working in Australia under a temporary work visa and then consider General Skilled Migration at a later stage.

Regional Study Points

You can claim an additional 5 points (on top of the 5 points awarded for Australian studies) if your campus was located in a regional postcode. A list of regional Australia postcodes is available on the DIBP website (link). A note is that you must meet the Australian Study requirements to claim these points.

Applying for State Sponsorship

There has been a rush for state sponsorship or nomination to increase the points of an accountant’s application and gain a higher possibility to receive an ITA. The increased demand for state sponsorship has made state authorities increase the requirements for accountants to receive state sponsorship. Examples of such increased requirements include:

  • In-field work experience
  • The applicant was a graduate from the state/territory that is sponsoring, etc.

It is important to note that if you applied for a 489 Regional State Sponsorship you will receive 10 points in comparison to 5 points for a 190 State Sponsorship. It may be worth considering going Regional to obtain an ITA.

In summary accountants are looking at a longer timeframe before receiving an ITA to proceed with a visa application. If you are a student currently enrolled in an accounting course the pathway to a permanent visa after graduation looks to be increasingly difficult.

professional-advice-to-concerned-couple-123rf-6467718 l

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

The points score required for accountants increased from 65 points in the earlier invitation round to 70 points in the last round. This means that accountants who have submitted an EOI are getting higher point scores either by scoring higher English test scores, or obtaining regional state sponsorship. This may be a good strategy for now but that will eventually increase the points score required to receive an ITA.

Other pathways?

An alternative would be to consider other visa pathways such as employer sponsored visas (457, 186, 187) instead of waiting to receive an ITA under General Skilled Migration. A practical step would be to take up an internship or work experience during your studies for the following reasons:

  • You gain local Australian work experience, which will help you in your job search when you graduate
  • You expose yourself to Australian businesses that may be willing to sponsor you for a position when you complete your studies

What If I am planning to study in Australia now?

For students thinking about permanent residency after the completion of studies it may be better to study in a field other than accounting. Other industries to consider include Engineering  or Nursing.

This information is accurate on 23 October 2015

Source:

  1. http://www.border.gov.au/WorkinginAustralia/Pages/SkillSelect-7-September-2015-Round-Results.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, 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.

 

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Pearson Test of English (PTE) Academic – a better alternative to IELTS?

Pearson Test of English (PTE) Academic – a better alternative to IELTS?

Are you asking yourself the questions, which is the Best English Test to take?

The Department of Immigration and Border Protection (DIBP) introduced additional English exams for visa applications in late 2014. Many applicants have been able to try the different English exams available and many have provided feedback that the PTE Academic exam has been a more manageable experience for them.

Work Visa Lawyers recently met with Joe Hernandez, Key Account Manager for Pearson Australia to discuss in detail the key features of the PTE Academic exam and how it can help visa applicants in the visa application process.

Photo with Joe

Joe Hernandez (centre) from Pearson Australia, with Chris Johnston (right) and Sean Choong (left) from Work Visa Lawyers

From our discussion here are a few key features of the PTE Academic exam that we feel are beneficial to visa applicants:

  • The entire exam is completed in approximately 3 hours (versus half a day or 2 days for IELTS)
  • The entire exam is conducted electronically – writing and speaking are done via computers
  • Results in 5 business days
  • Practice exam available online at $40.00 to familiarise yourself with the exam format and to roughly check your strengths and weaknesses

The exam candidate will definitely feel less tired taking the PTE Academic compared to the IELTS, as the entire exam is completed in 3 hours. An IELTS exam will take up half a day on weekends, or require you to return to the test centre during mid-week for the speaking component. Additionally the speaking module for PTE Academic is done speaking into a computer microphone (likened to speaking to family on Skype) while the traditional IELTS speaking component puts you face-to-face with an examiner who may cause uneasiness among candidates (likened to a nerve-wracking job interview).

Being able to obtain your results in 5 days will be very helpful for visa applicants facing an urgent deadline to lodge a visa application. Joe explains that the centralised, electronic marking system provides a fast turnaround for candidates to obtain results. The marking system also means that assessment levels and integrity are constant for all candidates.

There are also other considerations unique to the PTE Academic exam:

  • It is better to re-take the exam than to re-mark since the same centralised marking system is used for the re-mark
  • Certain skills assessment authorities like Engineers Australia (might change soon), ANMAC and AITSL currently does not accept PTE Academic exam results as part of the skills assessment criteria

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

The PTE Academic exam is definitely an attractive alternative to the IELTS exam for visa applicants. As mentioned in our earlier blog there have been clients who were able to obtain better results with the PTE Academic exam. If you are interested in taking the PTE Academic exam, you may want to consider booking in advance, as there may be an increase in demand for the exam, resulting in a long wait to take the exam. Joe has mentioned that Pearson Australia is working to increase the availability of the exam in Australia to cope with the increased demand.

Work Visa Lawyers thanks Joe and Pearson Australia for spending time with us sharing the information that we think is important for migrants who are required to take English exams for their visa application. We also remind visa applicants that English is only one part of the visa application requirements. Always check with a Registered Migration Agent for all relevant requirements before applying for a visa.

This information is accurate on 19 October 2015.

Sources:

 

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.

 

 

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