Welfare Worker occupation status changed on SA State Nomination List (SNOL) – further changes could result in an end to SA state sponsorship for Welfare Workers for visas 190 and 489

Welfare Worker and SA State Sponsorship

There has recently been a change to the ‘Availability Status’ of the occupation of Welfare Worker for SA state sponsorship.  The occupation availability has changed on the State Nominated Occupation List (SNOL). The status has been changed to ‘Medium Availability’. 

This change may be a concern for those who are looking for SA state sponsorship as a Welfare Worker.  The reason for concern is that it is very early in the program year which started from 1 July 2013 and runs to 30 June 2013.  With the downgrade to medium availability, Welfare Worker may at a later time be moved to ‘Low Availability’ and then to ‘DIAC Occupation ceiling met’.  If the DIAC SNOL status changes to ‘DIAC Occupation ceiling met’, then state sponsorship of the occupation for subclass 190 and 489 will stop.

Here are all the Occupations currently listed for Medium Availability on the SNOL:

272613  Welfare Worker               Medium Availability        IELTS 7.0 in each band plus 2 years work experience in field

139914  Quality Assurance Manager        Medium Availability        IELTS 7.0 in each band

224711  Management Consultant             Medium Availability       

225411  Sales Representative (Industrial Products)           Medium Availability

249311  Teacher of English to Speakers of Other Languages          Medium Availability        IELTS 7.0 in each band

311213  Medical Laboratory Technician   Medium Availability

312512  Mechanical Engineering Technician          Medium Availability

Any of the occupation currently listed as Medium Availability may be at risk of reaching the occupational ceiling and sponsorship being closed, during this program year, which ends on 30 June 2014.

What happens when Occupation Ceiling is met?

This is the information that Immigration SA provides on the SNOL classification DIAC occupation ceiling met:

“DIAC National Occupation Ceilings

For the 2013-14 program year DIAC set ceilings for occupational groupings. If a ceiling is met no further invitations can be issued by DIAC for this occupation group until 1 July 2014. For clients with an Expression Of Interest in this occupation group, your Expression Of Interest will remain valid for two years from the date you submitted your Expression Of Interest.

….

Immigration SA will not be accepting applications for occupations that are listed as "DIAC occupation ceiling met."

Source: Immigration SA

https://www.migration.sa.gov.au/snol_data

https://www.migration.sa.gov.au/snol

This information isaccurate on the 24 August 2013.  Immigration SA will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Need Help?

At Work Visa Lawyers we are experience in assisting applicants with the Expression of Interest, State Sponsorship and Visa application process for state sponsored subclasses 190 and 489.

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

Working Holiday Visa arrangement for Greece

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

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

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

The RSMS Direct entry subclass 187 is an Australian permanent residency work visa.  The first stage of the RSMS Direct entry process requires applying to the RCB for advice on the suitability of the employer and position.

Immigration SA, the state body that is the Regional Certifying Body (RCB) for RSMS in SA, has announced the following:

“Changes to the way employers demonstrate how they have tested the labour market:

• Removal of the peer review process (implemented on 21 June, 2013).

• Reduction in the number of  documents applicants are required to upload. Some documents have been replaced with a series of online questions.

• In some instances, the employer will be able to provide the RCB with a statutory declaration to support their application.”

There are also new Exemptions from labour market testing for the following:

• Employers who are approved 457 sponsors, who can demonstrate that the skilled migrant they are nominating has been working for them in the nominated occupation for at least 12 months.

• Occupations listed on a new Regional Certifying Body Occupation List. This list includes occupations such as:

• Construction Project Manager 133111
• Engineering Manager 133211
• Surveyor 232212
• Cartographer 232213
• Other Spatial Specialist 232214
• Chemical Engineer 233111
• Civil Engineer 233211
• Quantity Surveyor 233213
• Structural Engineer 233214
• Electrical Engineer 233311
• Mining Engineer (excluding
• Petroleum) 233611
• Petroleum Engineer 233612
• Geologist 234411
• University Lecturer 242111
• University Tutor 242112
• Construction Estimator 312114
• Metal Machinist (First Class) 323214
• Panelbeater 324111
• Roof Tiler 333311
• Electronic Equipment Trades
• Worker 342313
• Plus a large number of specialist medical positions.

There is a New Employer Document List:

• The new employer document list is much shorter.  Here is a link:

https://www.migration.sa.gov.au/sites/default/files/files/RSMS_Factsheet_for_SAEmployers_0.pdf

For the full list Regional Certifying Body Occupation List.:

https://www.migration.sa.gov.au/sites/default/files/files/RegionalCertifyingBody_OccupationList.pdf

Source: Immigration SA

http://us5.campaign-archive1.com/?u=a69011c047c7d5d323942b5d4&id=ec157d95cf&e=1e56c72cf8

This information isaccurate on the 10 August 2013.  Immigration SA will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Need Help?

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

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

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

·      Chemical and Materials Engineers;

·      ICT Business and Systems Analysts;

·      Electronics Engineers:

·      Telecommunications Engineering Professionals;

·      Other Engineering Professional; and

·      Software and Applications Programmers.

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

233111 Chemical Engineer 

233112 Materials Engineer

261111 ICT Business Analyst 

261112 Systems Analyst

233411 Electronics Engineer

263311 Telecommunications Engineer

263312 Telecommunications Network Engineer

233911 Aeronautical Engineer 

233912 Agricultural Engineer 

233913 Biomedical Engineer 

233914 Engineering Technologist 

233915 Environmental Engineer 

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

233999 Engineering Professionals nec

261311 Analyst Programmer 

261312 Developer Programmer 

261313 Software Engineer 

261399 Software and Applications Programmers nec

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

Sources:  ACT Government, Migration Institute of Australia

Need Help?

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

This information isaccurate on the 7 August 2013.  

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

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

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

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

Concessions for some 457 visa holders

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

LMT documents requirements are lower

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

There in now no need for:

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

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

Processing times with Immigration SA are now shorter

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

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

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

Need Help?

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

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

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

English Requirements now more difficult for many

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

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

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

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

TSMIT Up

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

Market Salary Exemption Up

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

More Discretion to Refuse based on Skills and Qualifications

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

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

Genuine Test – More discretion to refuse

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

Condition Requiring Licencing Post Grant

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

All Electronic Lodgement

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

Workers have more time to find another sponsor after ending employment

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

Fees Up

457 Sponsorship remains the same at $420

457 Nomination from $85 to $330.

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

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

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

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

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

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

Source: DIAC website

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

Need Help?

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

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

From the 1 July 2013 there will be some changes to the total cost of applying for a visa for Australia. The major changes are:

• The Visa Application Charge (VAC) for the main applicant has increased for some visas.

• There is now a fee for each dependent applicant.

• If there is the option to lodge your visa over the internet and you choose not to lodge this way, you may be charged a fee of $80.

• There is a new fee called the Subsequent Temporary Application Charge which is $700. You may be charged this fee if you are applying for a temporary residency visa listed in Table 1 AND you have previously applied for one of the temporary visas listed on Table 2.  Refer to tables listed at page 4 of this link.

http://www.immi.gov.au/fees-charges/_pdf/visa-pricing-table.pdf

 If this fee is applicable in your situation, then it needs to be paid by each individual in the visa application. You will not be charged this fee if you are applying for a temporary visa from outside Australia, or if this is the first time you are applying for a temporary visa in Australia. This fee does not apply to bridging visas or permanent visas.

Here are three examples of how the new fees are calculated:

Example 1: Application for a subclass 190 skilled – nominated visa for a family with two adults and two children (under 18 years old).

If an applicant over 18 does not have function English a second instalment fee of $4250 will also be charged.

Example 2: Application for a subclass 457 temporary work visa for a couple who are both over 18 years old. This couple are currently holding 457 visas that they applied for in Australia. 

They are therefore required to pay the subsequent temporary application fee for each application.

Example 3: Application for a subclass 820/801 partner visa for an adult and one child under 18 years old.

Need Help?

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

This information is accurate on the 6 July 2013.  DIAC will change visa charges regularly and you will need to check the current charges prior to lodging an application. 

If you are a recent accounting graduates from Australian Institutes with IELTS 7.0 in each band, no worries. You might be eligible for an Independent subclass 189 visa and  not need extra point from Nomination by Territory or State Government.

However, if you only have IELTS 6.0 in each band and had to do 12 months professional year, then you might need extra points from State Nomination.

New South Wales State Government is the only State that accepts Nomination application for subclass 190 and 489 with an occupation of General Accountant and IELTS 6.0 as at 4^nd July 2013.

The NSW Government nominates a limited number of skilled applicants annually.

Successful applicants must meet DIAC's basic requirements for the 190 and 489 visa in an occupation that is on NSW's State Migration Plan.

Basic requirements include that the applicant must:

• Be younger than 50 years of age when invited to apply
• General Accountant is listed on NSW State Nomination Plan for 190 and 489 (only limited areas)
• Positive skill assessment from relevant assessing authority
• Have at least competent English (IELTS 6 in each category)
• Score at least 60 on the points test
• - Subclass 190 (including 5 points for State nomination)
• - Subclass 189 (including 10 points for State nomination, only limited areas)
• Meet the health and character requirements.

If you think it is you, we would like to hear from you. Please contact us to 08 7225 5091 for an initial consultation. We are happy to assist you for State Skilled - Nominated (subclass 190) visa or Skilled - Nominated or Sponsored (Provisional) (subclass 489) visa.

This information is accurate on the date of posting, 4 July 2013

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

Immigration SA posted the following on their blog:

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

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

For Immigration SA announcements:

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

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

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

Key points are:

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

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

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

For the assessment criteria:

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

Work Visa Lawyers:

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

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