Immigration SA has announced changes to their off-list sponsorship criteria:

“Changes include: (these apply to applicants living and working in South Australia only)

• - All international graduates of South Australia will be considered; nomination is no longer restricted to students who graduated within the last six months.
• - Applicants who have completed a vocational education and training (VET) or higher education qualification in South Australia with a minimum duration of one academic year (or CRICOSregistered for a minimum of 46 weeks).
• - Students who have completed a PhD or Masters by Research qualification in South Australia, no longer require work experience if they have an IELTS score of 7.5 overall or 7.0 in each band.”

Refer to the off-list section in the following link:

https://www.migration.sa.gov.au/node/104

Changes will only apply until 30 June, 2013. 

Due to the short timeframe, the above changes for the off-list  will be most suitable for persons who already have a full skills assessment in a vocational occupation, such as a Nurseryperson.

IELTS Validity extended from two to three years:

Other changes include that Immigration SA will now accept IELTS results which are three-years-old or less on the state nomination decision date

I will post more details on the SA sponsorship changes as they emerge.

If you require further information regarding the SA State Sponsorship criteria or would like to book a consultation with Christopher Johnston, please do not hesitate to contact our offices on (08) 7225 5091.

It has been reported that form the 1 July 2013 the 457 visa application fee will increase from $455 to $900. See article:

http://www.abc.net.au/news/2013-05-14/nrn-fedbudget-457costs/4689874

Labor has plans for Radio Adverts  to Promote a Crackdown on 457 Visas.  See article:

http://www.afr.com/p/national/labor_ads_to_promote_work_visa_crackdown_35rbIW85h1LS1vpVSYOs6I

This will be at same time as ATO Investigations of 457 Visas. See article:

http://www.workvisalawyers.com.au/news/entry/student-visa-and-temporary-work-visa-holders-are-you-currently-being-investigated-for-tax-fraud-.html

Increases to the fees charged for skills assessments have been announced.  From the 6 May 2013 the cost of an Australian Migration Skills Assessment has been raised from $300 to $1000.

Trades Recognition Australia is the skills assessing authority for many occupations, mostly concentrating on trades, including Electricians, various Motor Mechanics, Plumbers, Carpenters, Bakers, Cooks and Chefs.

For a list of the full range of fee increases, please view:

http://www.innovation.gov.au/Skills/SkillsAssessment/TradesRecognitionAustralia/TRANotices/Documents/FAQChangesTRA.pdf

One million student and temporary work visa holders tax records to be targeted for tax fraud by the Australian Tax Office (ATO).

It is most noteworthy that Student Visa holders and 457 visa holders, which together account for hundreds of thousands of visa holders currently in Australia, are being targeting by the ATO.

The visa subclasses to be data matched by Australian Tax Office (ATO) are the following:  “Subclasses 406, 410, 411, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 426, 427, 428, 442, 457, 462, 570, 571, 572, 573, 574, 575, 576, 580”

The period of time to be data matched is: “between the period 01/01/2012 and 30/6/2014 inclusive from the Department of Immigration and Citizenship for the 2012, 2013 and 2014 income years.”

The ATO aims to “to identify potential fraud, and other non compliance with lodgment and payment obligations under taxation law.”

For more details visit original notice from Commissioner of Taxation:

http://www.comlaw.gov.au/Details/C2013G00598

An article from the Age reporting on the data matching:

http://www.watoday.com.au/opinion/political-news/visa-holders-targeted-for-tax-fraud-20130425-2igin.html

Changes to 457 may cause problems for rural Australia

http://www.abc.net.au/rural/content/2013/s3713417.htm

An explanation of what the 457 visa is used for and which industries use it the most:

http://theconversation.edu.au/explainer-457-visas-in-australia-12622?utm_medium=email&utm_campaign=Latest+from+The+Conversation+for+15+March+2013&utm_content=Latest+from+The+Conversation+for+15+March+2013+CID_bdc251a0c90e9bfee82a3254a362f6ef&utm_source=campaign_monitor&utm_term=Explainer%20457%20visas%20in%20Australia

Kevin Rudd praises contribution of migrants and 457 changes may impact on rural Australia

Commentary on Kevin Rudd’s recent speech on the contribution of migrants

http://www.theaustralian.com.au/national-affairs/immigration/kevin-rudd-lauds-migration-amid-ongoing-row-over-457-visas/story-fn9hm1gu-1226592443517

Further details of 457 changes

Further details on the planned changes for 457 visas have been released by DIAC on their website.

“The measures being brought forward include:

• the introduction of a genuineness criterion under which the department may refuse a nomination if the position does not fit within the scope of the activities of the business
• an increase in market salary exemption threshold from $180 000 to $250 000 to ensure that higher paid salary workers are not able to be undercut through the employment of overseas labour at a cheaper rate
• the removal of English language exemptions for certain positions. Many long-term 457 workers go on to apply for permanent residence, and  this change will ensure that the 457 program requirements are brought into line with the permanent Employer Sponsored program which requires a vocational English ability. This change will benefit visa holders by ensuring that 457 visa holders, who have an ongoing position with their employer and want to apply for permanent residence in the long-run are not disadvantaged because of their language ability. Applicants who are nominated with a salary greater than $92 000 will continue to be exempted from the English language requirement
• enhanced regulatory powers for the department to ensure that the working conditions of sponsored visa holders meet Australian standards and that subclass 457 workers cannot be exploited or used to undercut local workers
• amendments to existing training benchmark provisions to clarify that an employer’s obligation to train Australians is ongoing and binding for the duration of their approved sponsorship, including for newly established business
• amendments to clarify that 457 workers may not be on-hired to an unrelated entity unless they are sponsored under a labour agreement
• amendments which will allow the department to refund a visa application fee in circumstances where an employer nomination has been withdrawn.”

Changes to 457 visa program announced

On the 23 February 2013 the Minister for Immigration Brendan O'Connor announced that there will be changes to the 457 visa program.

The changes announced are:

“Under the changes:

• Employers must demonstrate that they are not nominating positions where a genuine shortage does not exist
• The English language requirements for certain positions have been raised
• The enforceability of existing training requirements for businesses that use the program will be strengthened
• The market salary exemption will rise from $180 000 to $250 000
• On-hire arrangements of 457 visa workers will be restricted
• Compliance and enforcement powers will be beefed up to stop employers who have routinely abused the 457 system
• Stakeholders will be consulted to ensure market rate provisions more effectively protect local employment.”

http://www.minister.immi.gov.au/media/bo/2013/bo193683.htm

What we still do not know?

The details of the changes to English levels changes have not been released.

The date from which the changes will be implemented.  It has been reported that the changes will be from the 1 June 2013:

http://brw.com.au/p/business/tighter_regime_needs_more_compliance_777FVeWDihQrSpqQwQ3KyM?goback=%2Egde_2950255_member_217501318

But there has not been an official release on the changes by the Department of Immigration and Citizenship as yet.

Changes to 457 visa program announced

On the 23 February 2013 the Minister for Immigration Brendan O'Connor announced that there will be changes to the 457 visa program.

The changes announced are:

“Under the changes:

• Employers must demonstrate that they are not nominating positions where a genuine shortage does not exist
• The English language requirements for certain positions have been raised
• The enforceability of existing training requirements for businesses that use the program will be strengthened
• The market salary exemption will rise from $180 000 to $250 000
• On-hire arrangements of 457 visa workers will be restricted
• Compliance and enforcement powers will be beefed up to stop employers who have routinely abused the 457 system
• Stakeholders will be consulted to ensure market rate provisions more effectively protect local employment.”

http://www.minister.immi.gov.au/media/bo/2013/bo193683.htm

What we still do not know?

The details of the changes to English levels changes have not been released.

The date from which the changes will be implemented.  It has been reported that the changes will be from the 1 June 2013:

http://brw.com.au/p/business/tighter_regime_needs_more_compliance_777FVeWDihQrSpqQwQ3KyM?goback=%2Egde_2950255_member_217501318

But there has not been an official release on the changes by the Department of Immigration and Citizenship as yet.

Reactions to the proposed changes?

The announcement has been received negatively by Australian business:

http://www.abc.net.au/worldtoday/content/2013/s3697369.htm

http://myresources.com.au/news/27-latestnews/7256-business-urges-caution-on-visa-changes

http://www.theage.com.au/opinion/political-news/business-warns-against-visa-changes-20130224-2ezll.html

If you want to know more?

You can contact Chris Johnston at Work Visa Lawyers.

Changes to 457 visa program announced?

On the 23 February 2013 the Minister for Immigration Brendan O'Connor announced that there will be changes to the 457 visa program.

The changes announced are:

“Under the changes:

• Employers must demonstrate that they are not nominating positions where a genuine shortage does not exist
• The English language requirements for certain positions have been raised
• The enforceability of existing training requirements for businesses that use the program will be strengthened
• The market salary exemption will rise from $180 000 to $250 000
• On-hire arrangements of 457 visa workers will be restricted
• Compliance and enforcement powers will be beefed up to stop employers who have routinely abused the 457 system
• Stakeholders will be consulted to ensure market rate provisions more effectively protect local employment.”

http://www.minister.immi.gov.au/media/bo/2013/bo193683.htm

What we still do not know?

The details of the changes to English levels changes have not been released.

The date from which the changes will be implemented.  It has been reported that the changes will be from the 1 June 2013:

http://brw.com.au/p/business/tighter_regime_needs_more_compliance_777FVeWDihQrSpqQwQ3KyM?goback=%2Egde_2950255_member_217501318

But there has not been an official release on the changes by the Department of Immigration and Citizenship as yet.

Reactions to the proposed changes?

The announcement has been received negatively by Australian business:

http://www.abc.net.au/worldtoday/content/2013/s3697369.htm

http://myresources.com.au/news/27-latestnews/7256-business-urges-caution-on-visa-changes

http://www.theage.com.au/opinion/political-news/business-warns-against-visa-changes-20130224-2ezll.html

If you want to know more?

You can contact Chris Johnston at Work Visa Lawyers.

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

I have recently noticed that the number of approved Universities for the Skilled Recognised Graduate Visa (Subclass 476) has been increased dramatically.

If you have graduated from an approved University, then you may be able to apply for this visa.

When you hold this visa you can travel, work, undertake further professional studies and or study.  The visa is for up to 18 months.

It is like a Working Holiday visa on steroids!

Check out this list of approved Universities:

http://www.immi.gov.au/skilled/general-skilled-migration/476/recognised-institutions.htm

Contact me if you need help applying for this visa.

The new Minister for Immigration and Citizenship is the Hon Brendan O'Connor MP.  

Any change of Minister for Immigration and Citizenship are interesting, because it can mean changes in  Department of Immigration and Citizenship policy.  The Minister of Immigration has the power to intervene under certain circumstances under the Migration Act, and so a change of Minister can also influence such requests for ministerial intervention.

Here is a link to his site:

http://www.brendanoconnor.com.au/news-and-media/local-media/appointment-as-minister-for-immigration-and-citize/