Immigration SA has announced the South Australian Supplementary Skilled List today which replaces the Graduate List. The Supplementary Skilled List contains 480 occupations, many of which that are not on the State Occupation List. The Supplementary Skilled List allows more occupations and different skilled workers to be sponsored by the South Australian state government. Applicants can access the Supplementary Skilled List if they:

• graduated from studies in a South Australian education institute with at least one academic year of study
• worked in a skilled occupation in South Australia for at least 12 months
• have a immediate family member (permanent resident or Australian citizen) who has resided in South Australia for 12 months or more

You must still meet the state nomination requirements for factors such as age, skills assessment, work experience, English and financial capacity. For further information please visit the Immigration SA website.

This information is accurate on the 13 April 2015

Source:

Immigration SA

http://www.migration.sa.gov.au/International-graduates/international-graduate-occupation-and-waiver-requirements

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in various Australian visa applications including General Skilled, Employer Sponsored, Business Skills, Family, and Migration Review Tribunal applications. We also assist in state sponsorship applications for skilled and business visa applications.

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

(08) 7225 5091 or +61 8 7225 5091

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

The Department of Immigration and Border Protection (DIBP) has announced that new Significant Visa (SIV) applications will be suspended from 24 April 2015 to 30 June 2015. The suspension of new applications is to facilitate changes to the complying investment framework.

What Does This Mean?

Current SIV applicants who have received an Invitation to Apply (ITA) and lodged their visa applications will not be affected by the suspension and any new rules introduced after or during the suspension. With changes upcoming it is best to lodge your SIV application as soon as possible if you have received an ITA.

While you can still submit an Expression of Interest (EOI) for the SIV uptill 23 April 2015, no further ITAs will be issued until after 1 July 2015.

More updates to follow...

This information is accurate on the 7 April 2015

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in various Australian visa applications including General Skilled, Employer Sponsored, Business Skills, Family, and Migration Review Tribunal applications. Our vast experience allows us to understand that each business setup and investment portfolio is different and thus applicants can meet visa application requirements in different ways.

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.

ACT has announced that applications from overseas for the 190 state sponsorship will be closed on Friday, 3rd April 2015 at 5 p.m. AEST. Planning numbers for the 2014-2015 sponsorship programme has been met.

If you have a pending 190 state sponsorship application with the ACT that has not been lodged, you need to submit the application immediately. Drawing from experience with the NSW online application system, the ACT online application system may also be overloaded and users may experience problems submitting the application.

This only applies to overseas applicants. Onshore applications can still submit sponsorship applications to ACT as long as they meet the nomination requirements.

This information is accurate as on 2nd April 2015.

Source: http://www.canberrayourfuture.com.au/news/article/important-announcement/

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in various Australian visa applications including General Skilled, Employered Sponsored, Business Skills, Family, and Migration Review Tribunal applications.

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.

Applicants for the 190 and 489 visas may have received the following email notification from case officers in the past few days:

I am writing to you regarding your application for an Australian skilled visa (subclass 190).

The visa for which you have applied is part of the Skilled Nominated category. The Migration Programme determines the maximum number of visas that can be granted in each visa category. Applications for this visa are processed in line with Migration Programme planning levels. These planning levels have precedence over indicative client service standard timeframes.

The Migration Programme planning level for the Skilled Nominated category now has limited number of places left for the 2014-15 program year. This means processing times will be longer and that once the remaining places are used, the Department cannot grant further visas in this category during this programme year.

As planning levels affect all applications, including those in the final stages of processing, I cannot give you an indication as to the likely timeframe for finalisation of your application.

In the meantime, I encourage you to continue checking the department's website (www.immi.gov.au) for any updates regarding application processing or changes to the Skilled Migration Programme which may affect you.

I appreciate your patience in this matter.

What Does This Mean?

Once planning numbers are met for the programme year, visa applications of that particular category will be deferred until the next programme year. While this delays the migration plans for applicants, it is important to know that the visa applications in progress will still be considered for processing for the next programme year.

More updates to follow...

This information is accurate on the 22 March 2015

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in various Australian visa applications including General Skilled, Employer Sponsored, Business Skills, Family, and Migration Review Tribunal applications.

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

(08) 7225 5091 or +61 8 7225 5091

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

The Department of Immigration and Border Protection (DIBP) has released a response to the 457 Visa Programme integrity review report today. The majority of the changes announced are expected to be implemented over the next 6 months.

Here is a snapshot of the changes announced:

• English requirements for the 457 visa applicant will be changed to overall 5.0 for the IELTS exam, with no components scoring lesser than 4.5.
• Other English exams to be accepted for the visa application will be announced next month.
• Visa charges are being reviewed and are likely to change.
• Training Benchmarks will be replaced by annual training fund contributions to the Department of Industry (possible implementation in 2016)
• Severe penalties for Business Sponsors who receive payment from visa applicants/holders in return for sponsorship and nomination.
• Validity of Standard Business Sponsorships (SBS) to be lengthened from 3 to 5 years for existing businesses; from 12 to 18 months for new businesses.

More information will be available as the DIBP gets closer to implementing the planned changes.

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

The 457 visa programme has undergone many changes as the Department tries to strike a balance between helping Australian businesses meet short-term labour needs and protecting Australian workers and their jobs. It is important for both the Business Sponsor and Visa Applicant/Holder to take note of current developments to the 457 programme to ensure sponsorship and visa obligations are complied with to avoid violation and possible sanctions or penalties.

It is noted that the changes are being implemented in the near future and the date of effect for the changes will be crucial in relation to new sponsors, nominees (position) and visa applicants.

 UPDATE

There has been plenty of responses from various parties since the annoucement was made. Here are a few of them:

"Ensuring that visa holders and sponsors are meeting their obligations will boost business and community confidence in the 457 programme."- Kate Carnell, Head of Australian Chamber of Commerce and Industry, on the announced changes

"The labour market testing regime was always flawed and we urge the government to accept the review's recommendation that it be scrapped. The testing amounts to ineffective, time-consuming red tape. Using the scheme is costly for employers and the vast majority don't recruit 457 workers unless they absolutely have to."- Innes Willox, Head of Australian Industry Group, on the Government's decision to keep the labour market testing component

"The government's proposed changes to the 457 visa scheme will improve its operation and reduce business costs, but it has missed the opportunity to do away with redundant regulation."

"It is disappointing that on Repeal Day the government has declined to support the independent review's recommendation to abolish labour market testing. This is a classic case of a regulation that adds to business costs, without improving the integrity of the scheme."- Jennifer Westacott, Chief Executive of Business Council of Australia (BCA)

Scott Barklamb, Executive Director of policy and public affairs for Australian Mines and Metals Association (AMMA) says that foreign workers played a small, but critical, specialist role in the mining industry. He too was disappointed that labour market testing was not abolished.

National Farmers Federation (NFF) president Brett Finlay welcomed the changes and mentioned that while Australian workers were the backbone of the country's agricultural sector, some farm businesses in regional and remote areas struggled to find workers with relevant skills and relied on overseas workers to fill essential roles.

Part of the announcement also mentions the re-establishment of the Ministerial Advisory Council on Skilled Migration (MACSM), which will aid to provide labour market analysis and advice on the composition of the Consolidated Sponsored Occupation List (CSOL).

It appears that many stakeholders welcomed the changes but were concerned about the continuation of labour market testing and the proposed training fund that will replace current Training Benchmarks.

 Source:

1. http://www.immi.gov.au/pub-res/Pages/reviews-and-inquiries/government-response.aspx
2. http://www.sbs.com.au/news/article/2015/03/18/457-visa-changes-announced
3. http://www.theaustralian.com.au/national-affairs/immigration/liberals-tighten-checks-on-457-visas/story-fn9hm1gu-1227267088406
4. http://www.bca.com.au/newsroom/statement-on-the-governments-response-to-457-visa-review

This information is accurate on the 22 March 2015

Do you need help with a 457 business sponsorship or visa application?

At Work Visa Lawyers we are experienced in assisting businesses and individuals in the 457 visa application process. The process is complex with many stages of work involved and we aim to simplify the application process for you and make sure the various criteria for sponsorship and visa are met.

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.

Visa applicants can make a request for ministerial intervention when you receive a decision from a review tribunal. A review tribunal refers to the Refugee Review Tribunal (RRT), the Migration Review Tribunal (MRT) or, in certain circumstances, the Administrative Appeals Tribunal (AAT).

Visa applicants should not expect that the minister will intervene in your case and should not withdraw any judicial review application that is ongoing. The minister only intervenes in a small number of cases and will only intervene in cases of unique and exceptional circumstances. Visa applicants must check that they meet the unique or exceptional circumstances before they request for a ministerial intervention. Assuming that the applicant meets the requirements for consideration it is absolutely prudent that the written request be prepared as best as possible as the minister generally does not want to consider any further requests for intervention from an applicant whom he has declined once.

If your request for ministerial intervention is not successful you are expected to leave Australia as soon as possible. Therefore it is important that your request for ministerial intervention is prepared with a strong understanding of the factors of consideration by the minister.

A request for Ministerial Intervention does not lead to a Bridging visa, so you will have to apply separately for a Bridging visa. Once a request for Ministerial Intervention is lodged, you will need to apply for a bridging visa to ensure that you do not become an unlawful resident. If you need help with a bridging visa application, you can contact us.

Source:

Department of Immigration and Border Protection website

http://www.immi.gov.au/refugee/ministerial_intervention.htm

This information is accurate on the 13 March 2015. DIBP will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application.

Do You Need Help?

At Work Visa Lawyers we are experienced in assisting applicants with visa decision reviews, appeals, ministerial intervention and judicial reviews with the courts. All applications are dealt with in a strict and urgent manner as reviews and appeals must be submitted within a limited time.

If you require further information regarding a review or your appeal options you can contact us through:

(08) 7225 5091 or +61 8 7225 5091

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

Business Sponsorship • Nomination • Training Benchmarks • Nominated Position • TSMIT • Market Salary • LMT • English Requirements • From 457 to PR

The 457 visa is the most common Employer Sponsored visa for overseas workers to start working temporarily in Australia. While the 457 program has the simple objective of filling employment gaps for Australian and overseas businesses, the application process is not straightforward. Watch the video to learn more.

0:40 Number One - Three stages of the 457 application:Business Sponsor application, Nomination application (position) and Visa application.
1:17 Number Two - Sponsor must meet training requirements
1:37 Number Three - Nominated position must be on the CSOL list
2:21 Number Four - Nomination requirements include meeting TSMIT, Market Salary and LMT
3:42 Number Five - Visa applicant must have required skills and English
4:33 Number Six - There are conditions that apply to the Business Sponsor and Visa holder after grant of 457 visa
5:40 Number Seven - 457 offers pathway to Australian PR
6:03 Number Eight - Government Review and recommendations to change 457 to cut ‘Red tape’
6:38 Number Nine - Alternative visas to the 457: If your occupation is not on the CSOL
7:35 Number Ten - Do I need help to apply for a 457?

If you would like assistance with getting a visa in Australia, you can contact us via our email at: This email address is being protected from spambots. You need JavaScript enabled to view it.

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We provide migration advice to businesses and individuals.
We are committed to providing honest and accurate advice based on the current migration laws, maintaining the confidentiality of our clients' affairs and excellence in customer service.
We can help you with your plans to migrate to Australia.

A total of 203 visas have been cancelled by the Minister of Immigration, Peter Dutton in the past 3 months. Previously there were only a total of 372 cancellations over the period between July 2011 and July 2014¹ - a 3-year period!

With an amendment to the Migration Act in December 2014, the Minister now has the power to cancel visas of people who were:

• Involved in a serious crime – drug trafficking, sexual assaults, motorcycle gangs, etc.
• Convicted and imprisoned for 12 months or more
• In Australia on a visa and being convicted of a sexual offence against a child

The power to cancel visas allows the Minister to remove non-citizens who are in Australia and pose a threat to the Australian community. Recent visa cancellations were issued to overseas criminal offenders, biker gang members and associates, drug-related offenders and sex offenders. The Minister has mentioned that "If people have committed crimes against our country then their visas will be cancelled" and that “they should be removed from our shores as quickly as possible" in a statement to ABC News¹.

Why has there been an increase in visa cancellations?

The increase in visa cancellation numbers is a government response to national security concerns especially in the areas of organised crime and counter-terrorism. The government aims to target “organisations and individuals blatantly spreading discord and division” and “include stronger prohibitions on vilifying, intimidating or inciting hatred”².

The change in the name of the Department is also an indication of policy change. The name has changed from the Department of Immigration and Citizenship (DIAC) previously to the current Department of Immigration and Border Protection (DIBP). From 1 July 2015, DIBP and the Australian Customs and Border Protection Service will merge to form the Australian Border Force, signifying a stronger and tougher approach towards border protection³.

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

Character issues can be identified by DIBP in the following situations:

• When you apply for a visa (including renewal of your Resident Return Visa – RRV)
• When you arrive at an Australian port of entry and complete a declaration card
• When you apply for citizenship
• When you sponsor somebody for a visa (partner, family member)
• If DIBP contacts you directly about your situation
• If your legal matter goes to court and DIBP takes note of your case
• If DIBP cross checks with local police and overseas law enforcement agencies databases and identifies visa holders with criminal offences

Even though recent cancellations are focused on organised crime, sex crimes and terrorism, it is possible that any person with criminal convictions outside of these offences can have their Australian visas revoked.

With recent security concerns heightening the level of border protection, expect more cancellations to happen. It is a good idea for all visa holders and applicants to stay out of trouble with the law in order to preserve your life and residence in Australia.

Source:

1. Hundreds of convicted criminals have visas revoked under Migration Act amendment

http://www.abc.net.au/news/2015-02-24/convicted-criminals-have-visas-cancelled/6254120

2. Prime Minister Tony Abbott outlines moves to revoke foreign fighters' citizenship, crack down on 'hate preachers'

http://www.abc.net.au/news/2015-02-23/abbott-announces-anti-terror-measures/6217608

3. Department of Immigration and Border Protection

http://www.immi.gov.au/News/Pages/new-australian-border-force.aspx

4. Minister for Immigration Media Releases

http://www.minister.immi.gov.au/peterdutton/2015/Pages/Two-criminals-removed-from-Queensland.aspx

http://www.minister.immi.gov.au/peterdutton/2015/Pages/irish-criminal-removed-from-australia.aspx

http://www.minister.immi.gov.au/peterdutton/2015/Pages/crackdown-foreign-criminals-bikies.aspx

This information is accurate on the 3 March 2015

Have You Been Asked to Respond to “Character” Concerns by DIBP? Do You Need Help in Relation to Your Current Australian Visa, Applying for an Australian Visa or Citizenship?

At Work Visa Lawyers we are experienced in assisting applicants with visa applications for Skilled Migration including Independent and State Sponsored visas, state sponsorship applications, Family Migration visas as well as employer-sponsored visas. We also assist applicants who have health or character concerns in a visa or citizenship application.

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.

RSMS 187 policy change –Australian Certificate 4 now a trade level qualification with no need for experience prior to application

The relevant DIBP policy now states:

“AQF Certificate III, IV and Diploma​ qualifications

If the applicant relies on an Australian qualification, that qualification must be as specified within the ANZSCO framework for that occupation. For example, if the nominated position were that of a cook (ANZSCO 351411), the applicant must:

• hold a relevant AQF Certificate IV or
• hold a relevant AQF Certificate III including at least two years of on the job training or
• have at least 3 years of relevant experience.”

Comments by Chris Johnston:

Have you been working as much as possible and waiting until you have two years of experience?

If you have a Certificate 4 and an employer you may be eligible to apply now.

This is great news for vocational graduates who are already in Australia.

Warning:

 This information is accurate on the 17 February 2015.  State/Territory Bodies and DIBP will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Do You Need Help with Australian Migration?

At Work Visa Lawyers we are experience in assisting applicants and employers with the RSMS process. 

If you require further information regarding an application or your Australian 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.

Enrolled Nurse has been added to NSW Skilled Occupation List for state sponsorship for 190  visas!

NSW Trade & Investment has recently updated its NSW Skilled Occupation List to include Enrolled Nurse ANZSCO Code 411411.

You will Need a Skills Assessment from ANMAC to apply for State Sponsorship

ANMAC is responsible for undertaking skills assessment of nurses and midwives for migration purposes.

Here is a previous blog we have done on the ANMAC assessment process:
http://www.workvisalawyers.com.au/news/entry/anmac-announces-new-resources-available-to-assist-with-the-skills-assessment-process-for-enrolled-nurses-that-preparing-to-apply-for-australian-pr.html

Here is a link to ANMAC:

http://www.anmac.org.au/international-services

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

This is massive news, as it provides a pathway to apply for an Australia visa for Enrolled Nursing graduates, not just from NSW, but from all around Australia.

Some states and territories have criteria which only allows there own graduates (SA) Enrolled Nurses currently working as an Enrolled Nurser in their state (Qld) to apply for sponsorship.

You will want to get in quick, as NSW only has a limited number of state sponsorships per calendar year.  For the year ending 30 June 2015, the number is 4000 sponsorships to cover all occupations.

Sources:

NSW Trade and Investment website

- NSW List

http://www.anmac.org.au/international-services

This information is accurate on the 15 February 2015. State sponsorship requirements and DIBP visa application criteria can change and all current requirements must be established prior to lodging an application.

Do You Need Help in Relation to a Skills Assessment or visa application as a Enrolled Nurse or Registered Nurse?

At Work Visa Lawyers we are experienced in assisting with skills assessment to enable applications for skillselect subclass 190 and employer sponsored visas.  

We can help you with state sponsorship and visa application as an Enrolled Nurse or Registered Nurse.

For further information regarding skills assessments or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091.

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