More news in relation to the Australian migration programme in the new fiscal year! Here is an overview:

• Occupation Ceilings for the 2015-16 Fiscal Year Released – Bad news for Accountants and Registered Nurses
• A separate Occupation List for the Regional Sponsored Migration Scheme (RSMS) Direct Entry is now in effect

Occupation Ceilings for the 2015-16 Skilled Migration Programme

The occupation ceiling determines the number of invitations allowed for a certain occupation for each programme year, essentially a planning number for occupations suitable for migration. Here are some key points of the new occupation ceilings:

• Accountants experience the largest reduction among all occupations – down 54% to 2525 places for the programme year
• Registered Nurses had its ceiling reduced by 1170 places – an 8% decrease
• Dentists are removed from the list
• Metal Fitters and Machinists up 1254 places – an 18% increase
• Plumbers up 666 places – a 15% increase
• Panelbeaters and Cabinetmakers now included

Additionally the following occupations will receive invitations on a pro rata arrangement to ensure availability of invitations throughout the programme year:

• Accountants (ANZSCO 2211)
• ICT Business and Systems Analyst (ANZSCO 2611)
• Software and Applications Programmer (ANZSCO 2613)

New Occupation List for the Regional Sponsored Migration Scheme (RSMS) Direct Entry Stream

There is now an occupation list specific to the RSMS Direct Entry visa application. Business sponsors, applicants and migration agents must now refer to the occupation list to determine eligibility for the Direct Entry RSMS.

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

The new occupation ceilings for Accountants and certain ICT professionals indicate that the Australian Federal Government thinks that there is currently an oversupply of Accounting and ICT applications in the queue for processing. It is still possible to obtain an invitation via the Skilled Sponsored (subclass 190) in this programme year as the state nominated visas are not subject to occupation ceilings. This adds further competition for the limited places available for state sponsorship so get in early if possible.

The new RSMS Direct Entry Occupation List must be referred to when lodging new RSMS Direct Entry application on and after 1 July 2015. All parties should check that the occupation for the application is on the list before submitting the application.

This information is accurate on 7 July 2015

Source:

1. http://www.border.gov.au/Trav/Work/Skil#tab-content-3
2. https://www.comlaw.gov.au/Details/F2015L01018/Download

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.

More news in relation to the Australian migration programme in the new fiscal year! Here is an overview:

• Immigration SA is the first to release its Occupation Lists for State Sponsorship
• Amendments to the SOL and the CSOL (Dentists and Urban Planners take note)
• Austrade becomes a nominator for the SIV programme

Immigration SA releases Occupation List

Immigration South Australia has published their occupation lists and will be accepting applications for state sponsorship on the 6 July 2015. All occupations are now listed as “High Availability” but it is expected that places for popular occupations will be filled up very quickly, especially since no other state or territory has published a new list of occupations for sponsorship. Here is a highlight of the SA occupation list:

• All ICT occupations are available for sponsorship
• Registered Nurses (nec), Enrolled Nurses and Mothercraft Nurses are available for sponsorship
• Mining and Oil & Gas occupations are not on the list
• Applicants who register 80 points or higher in the Skillselect pool can now access the Supplementary Skilled List

A reminder that Immigration SA now charges for processing a state sponsorship application. Read up in our previous news post about the fees applicable here. There are also updates to the English requirements.

On a separate note ACT (Canberra) will announce their occupation list in August 2015.

Amendments to the Skilled Occupation List (SOL) and Consolidated Skilled Occupation List (CSOL)

There have been amendments to the SOL and CSOL, specifically:

• Urban & Regional Planners, Dental Specialist and Dentists are removed from the SOL and moved to the CSOL – this means that these occupations now require state sponsorship
• Panelbeater and Cabinetmaker are removed from the CSOL and moved to the SOL
• Primary School Teacher is removed from the CSOL

Austrade becomes a Nominator for the Significant Investor Visa (SIV)

In addition to the Australian states and territories Austrade is now a nominator for the SIV programme. The application fee for nomination is A$ 1000 which is significantly higher than other states and territories. However applicants nominated by Austrade will be allowed to settle down in any part of Australia.

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

Immigration SA is taking the lead in receiving new applications for state sponsorship in the new fiscal year. However the allocation numbers for SA are usually low so expect places to be filled up quickly. You should apply as soon as possible on the 6 July 2015. The new role of Austrade as a SIV nominator is also beneficial for applicants who do not have a preferred location for settlement as they will not be geographically restricted.

Work Visa Lawyers will bring you more updates as soon as they are announced.

This information is accurate on 2 July 2015

Source:

1. http://www.migration.sa.gov.au/skilled-migrants/nomination-process/skilled-nomination-changes-1st-july-2015
2. http://www.border.gov.au/Trav/Work/Work/Skills-assessment-and-assessing-authorities/skilled-occupations-lists
3. https://www.austrade.gov.au/invest/doing-business-in-australia/significant-and-premium-investor-programmes/significant-and-premium-investor-visa-programmes?utm_campaign=Significant+and+Premium+Investor+Visa+Programmes_20150701&utm_medium=email&utm_source=ministerialannouncement_20150701

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.

The Department of Immigration and Border Protection (DIBP) has announced changes affecting the Employer Nomination Scheme (Subclass 186 Visa) and Regional Sponsored Migration Scheme (Subclass 187 Visa). Two occupations – Ministers of Religion and Medical Practitioners, are affected by the changes announced.

Ministers of Religion (ANZSCO 272211) now required to sign-up to Labour Agreements

Ministers of Religion are now no longer eligible for the Direct Entry and Temporary Residence Transition stream of subclass 186 and 187 visas, as well as the Temporary Work (Skilled) subclass 457 visas. Religious organisations are now required to have an Industry Labour Agreement in place before they submit nominations under the 186, 187 and 457 visas.

Exemptions to age, skill and English language are no longer available to Ministers of Religion. Applicants must meet the requirements outlined in the Ministry of Religion Industry Labour Agreement. Follow this link to learn more about requesting for labour agreements.

Age Exemption now available for eligible medical practitioners in regional Australia

Medical practitioners who work in regional Australia and wish to apply for the subclass 186 and 187 visas now have easier access to exemptions for the age requirement if they are 50 years of age or over. Medical practitioners working in regional Australia seeking for the age exemption will no longer require employment with the same employer while holding a subclass 457 visa or a Medical Practitioner (Temporary) Subclass 422 Visa. They will instead need to:

• Demonstrate at least four years of employment in the nominated occupation
• Demonstrate that at least two out of the required four years of employment were located in regional Australia
• Ensure that the nominated position is located in regional Australia

For more information about exemptions, visit the Department webpage here.

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

More changes are expected at the turn of the new fiscal year and it is important that applicants are aware of the implemented changes that can affect your Australian visa eligibility. In this case Ministers of Religion are now subjected to stricter requirements while medical practitioners in regional Australia effectively gain a lower requirement for the age criteria when applying for the subclass 186 or 187 visas.

Follow Work Visa Lawyers on Twitter, Facebook and YouTube to receive information on the latest changes to the Australian migration programme.

Source:

1. http://www.border.gov.au/News/Pages/Ministers-of-Religion-occupation-changes-from-1-July-2015.aspx
2. http://www.border.gov.au/News/Pages/Medical-practitioners-in-regional-Australia-age-exemption.aspx

This information is accurate on 1 July 2015

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.

The new fiscal year has arrived! Historically the Department of Immigration and Border Protection introduces changes to the Australian migration programme on the 1^st July each year. Below is a list of changes and news that has come into effect today:

• Change in English Requirements for Health Professionals
  - Nursing and Midwifery, Medical Practitioners, Dental Practitioners, Chiropractors and more
• Changes to the Business Innovation and Investment Programme
• Minor Change to Migration Skills Assessment for Accountants
• Increase in the Migration Review Tribunal Fees
• Increase in Visa Application Fees (VAC)

Changes to the English Requirement for Health Professionals

The Australian Health Practitioner Regulation Agency (AHPRA) has announced new English requirements for the registration standards of 10 common health professions, dental practitioners, medical practitioners, nursing and midwifery. Find out about the new requirements by clicking through the applicable links:

Common standard for 10 professions – Chinese medicine, chiropractic, medical radiation, occupational therapy, optometry, osteopathy, pharmacy, physiotherapy, podiatry and psychology.

Standard for dental practitioners

Standard for medical practitioners

Standard for nursing and midwifery

Applicants can now combine 2 IELTS scores or submit specific medical exams such as NZREX or PLAB to meet the registration standards. More detailed updates to follow.

Changes to the Business Innovation and Investment Programme (BIIP)

The BIIP will undergo some major changes as follows:

- Creation of a new Premium Investor Visa (PIV) stream for the 188 Business Innovation and Investment (Provisional) visa

• Investment of A$ 15 million
• No residency requirements
• Eligible for 888 permanent visa in 12 months’ time

- Allowing a secondary applicant (spouse only, excludes dependent children) of a 188 provisional visa to fulfil the requirements for the 888 permanent visa requirements – role-swapping

- Residency requirements for the 188C Significant Investor Visa (SIV) holders amended to be 40 days per year for the primary applicant and 180 days per year for the secondary applicant to qualify for the permanent 888 visa

- Extending the duration of the 188 visas to be valid for 4 years and 3 months

- Addition of the CEO of Austrade as a nominator for SIV applications. Austrade nominated applicants will not be restricted to reside in one particular state

- Preventing complying investments (significant or premium) to be used as collateral or security for a loan

- Complying significant and premium investments will need to be new investments and cannot be existing investments in Australia

There are more updates to follow, such as the nomination process for Austrade, suitable financial products under the new complying investment framework and so forth. Work Visa Lawyers will bring you the latest news once we receive them.

Change to Migration Skills Assessment for Accountants

The Core Knowledge Areas will be consolidated from 12 to 9 areas of knowledge. Applicants will need to meet at least seven (7) core areas to meet the skills assessment requirements, with the exception of External Auditors and Taxation Accountants who need to meet at least eight (8). For more details, visit the skills assessment bodies below:

CPA Australia  

Institute of Public Accountants 

Institute of Chartered Accountants Australia 

Increase in Migration Review Tribunal (MRT) and Refugee Review Tribunal (RRT) Appeal Fees

Fees for the review applications are now A$ 1673.

Increase in Visa Application Fees (VAC)

If you missed our earlier news entry on the VAC increments, click here to find out more. Don’t be surprised by the change in fees.

More to Follow

There are bound to be more changes to be announced from the Department as well as other related authorities such as skills assessments organisations, state migration departments and others. Visit our website to get the latest updates on changes as they are announced.

Newsworthy

Visa cancellations increase by 553 percent due to crackdown on foreign criminals

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

The biggest changes so far would be the lowered English requirements for health professionals and the reshaping of the business migration and investment visas. As the changes announced can mean a different visa option for affected individuals, do contact a professional registered migration agent to assess how the new changes affect you.

This information is accurate on 1 July 2015

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.

Business visa options are popular among overseas business owners seeking to obtain an Australian visa for their family to settle down and enjoy a better quality of life in Australia. There are a few different options and each has its unique criteria and obligations to fulfil. The six visa options available on 1 July 2015 are:

• 188A Business Innovation
• 188B Investor
• 188C Significant Investor Visa
• 132A Significant Business History
• 132B Venture Capital Entrepreneur
• Premium Investor Visa

Work Visa Lawyers has created a summary that provides an overview of the options. The summary includes new complying investment requirements for the 188C Significant Investor Visa (SIV) and the new Premium Investor Visa (PIV). Click on the images to load the table in a larger format.

Do take note that the summary is an overview of the business and investment visa options available and your personal circumstances will need to be assessed to determine your eligibility for the visas available. Contact Work Visa Lawyers if you need our Registered Migration Agents to assess your eligibility for the visas above.

What are complying investments?

Complying investments are investment products designated by the Australian Government for the investment purposes of the 188C SIV and the new PIV.

Complying investments for a Significant Investor visa include:

• At least AUD500,000 in eligible Australian venture capital or growth private equity fund(s) investing in start-up and small private companies. Note the Government expects to increase this to $1million for new applications within two years as the market responds;
• At least AUD1.5 million in an eligible managed fund(s) or Listed Investment Companies (LICs) that invest in emerging companies listed on the Australian Securities Exchange (ASX); and,
• A ‘balancing investment’ of up to AUD3 million in fund(s) or LICs that invest in a combination of eligible assets that include other ASX listed companies, eligible Australian corporate bonds or notes, annuities and real property in Australia (subject to the 10% limit on residential real estate).

For a total investment of at least AUD 5 million.

Eligible investments for the Premium Investor visa will be investments in:

• An Australian managed fund
• Australian securities exchange listed assets
• Australian government or semi-government bonds or notes
• Corporate bonds or notes issued by an Australian exchanged listed entity (or wholly owned subsidiary of the Australian listed entity) or investment grade rated Australian corporate bonds or notes rated by an Australian Financial Services licenced debt rating agency
• Australian proprietary limited companies
• Real property in Australia (subject to the exclusion of direct investment in residential property and limit of 10% indirect investment in residential real estate as part of a fund’s net assets)
• Annuities issued by Australian registered life companies that do not repay capital during the qualifying period
• State and territory government endorsed philanthropic donations.

For a total investment of at least AUD 15 million.

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

The biggest change that will come into effect on 1 July 2015 is that investors on the 188C SIV will be unable to invest all their designated AUD 5 million into one passive investment product such as government bonds or real estate funds. With AUD 500,000 minimum required to be invested in venture capital or growth private equity funds, you may be better off considering the 132B where you are required to obtain AUD 1 million from a venture capital firm but obtain permanent residency from day 1. This is compared to having to wait 4 years under the 188C before being able to apply for a permanent resident visa. The 132 visas might be more attractive to business and investment migrants starting 1 July 2015.

Work Visa Lawyers is already working with relevant financial institutes which are lining up financial products that fulfil the requirements as a complying investment.

Source:

1. https://www.immi.gov.au/faqs/Pages/What-is-the-significant-investor-visa.aspx
2. https://www.austrade.gov.au/invest/significant-investor-visa-and-premium-investor-visa-programmes
3. http://trademinister.gov.au/releases/Pages/2015/ar_mr_150515.aspx

This information is accurate on 25 June 2015

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 – 188, 132 and 888, 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.

Immigration SA has published a list of upcoming changes for the new financial year 2014-15. Here are the pending changes that will come into effect on 1 July 2015:

1) New State Occupation List

Applicants looking for South Australia state sponsorship will have to refer to the new occupation list on 1 July to determine eligibility and additional requirements.

2) New English Requirements

ICT occupations now need to fulfil Proficient English or an overall score of Proficient Plus English.

Engineering occupations will need to meet Competent Plus English or an overall score of Proficient English.

There will also be changes to other occupations so you will need to check the new occupation list to find out occupation-specific requirements.

3) Closure of the Online Application System

The SA application system for the 190 and 489 state sponsorship will be closed at 1 p.m. (Adelaide time) on 30 June 2015. The system will only re-open at 12 p.m. on 1 July 2015. All applications that are saved or submitted WITHOUT PAYMENT will be deleted and you will need to lodge new applications. Applications submitted on 1 July 2015 or after will be subject to new state sponsorship requirements.

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

It is beneficial that Immigration SA has released a list of changes (although not complete) that will be in effect on 1 July 2015. This serves as a reminder to all who are looking to obtain SA state sponsorship to complete their applications and submit payment before the closure of the system. As there may be a rush for submissions near the closure, you are advised to complete the submission as early as possible before the closure date.

Source:

1. http://www.migration.sa.gov.au/news-events/news-releases/revised-south-australian-state-occupation-list-from-1-july-2015

This information is accurate on 25 June 2015

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.

Work Visa Lawyers was selected and invited to participate in the recent South Australia trade delegation to the Shandong province in China. It was a privilege to be part of the 250-strong delegation and the only Australia migration services provider on the trip. The Department of State Development did a fantastic job arranging the programme and logistics for such a large group of people. The trade delegation visited the cities of Jinan and Qingdao in Shandong from 24 to 28 May. We also did an additional visit to the city of Guangzhou in Guangdong independently from the 28 to 31 May.

The programme started with the South Australia Premier, the Honourable Jay Weatherill MP providing a briefing to the delegates who have arrived in the city of Jinan. There was a strong emphasis on the collaboration and win-win cooperation between the two sister states. Briefings were also given by:

• Minister of Trade and Investment, the Hon. Martin Hamilton-Smith
• National Vice President, Australia China Business Council, Sean Keenihan
• Executive Director, Investment, Trade and Immigration, Department of State Development, Matt Johnson

After the briefings delegates were separated by industry and had introductions to all members in the respective groups. Work Visa Lawyers were placed under the Services Stream throughout the Forum. A run-through of the schedule for the next couple of days was also carried out.

25 May 2015

The morning ceremony started with opening remarks by the Governor of Shandong, Shuqing Guo and the Premier of South Australia, the Honourable Jay Weatherill MP. Following the opening speeches, signing ceremonies were carried between 4 different groups of China and South Australian businesses.

Delegates from South Australia and attendees from the Chinese side then broke into the respective industry streams and held presentations that were specific to the industry. Interestingly there were a lot of presentations on environmental services with focus on water and sewage treatment, which is not surprising for a rapidly industrialised nation with concerns of pollution and waste management.

Work Visa Lawyers Principal Migration Agent and Lawyer Chris Johnston and Cultural Liaison Officer Sean Choong at the morning ceremony

After a lunch session delegates resumed the meetings by stream and conducted 1-1 business matching arranged by the Department of State Development. This was followed by the Gala Dinner which included cultural performance by South Australian and Shandong artists.

26 May 2015

After breakfast and checking out of the Shandong Hotel we made our way to board the high-speed train that connects Jinan to Qingdao, the home of Haier, Hisense and Tsingtao. The distance of approximately 360 kilometres was covered by the train in approximately 2 hours 30 minutes (averages out to be around 144km/h).

Chris Johnston with the high speed train

Upon arrival in Qingdao it was back to work immediately as we met up with the President of Qingdao Syndicate International Economic and Technical Cooperation Co. Ltd., Mr Yu Liang Chen about the supply of skilled workers to Australia. Even though both parties have corresponded for a long time via electronic channels, it was great to meet each other in person to have an in-depth discussion about collaboration for a mutually beneficial partnership.

Chris Johnston with Mr Chen in Qingdao

Being common practice in China we were then invited to have dinner with Mr Chen and his colleagues as part of extending the local hospitality. It was a bountiful and gracious dinner by the host and we are very thankful for that.

27 May 2015

Similar to the opening ceremony in Jinan, the morning session opened with opening remarks by the Mayor of Qingdao, Xinqi Zhang and the Premier of South Australia. Signing ceremonies were then carried out and a free and open business matching session was held for attendees of the forum to speak with South Australian businesses that were of interest.

Following the business matching session a lunch session was held for delegates and invited attendees of the forum in Qingdao. The luncheon marked the closing of the forum and delegates either returned to Adelaide the next day, or went on to other cities in China for their own business development activities. Work Visa Lawyers headed to Guangzhou the next day.

The luncheon at the Shangri-la Hotel in Qingdao

Members of the Services Stream for the Forum

28 - 31 May 2015

Upon completion of the programme with the Department of State Development, we did an additional visit to the city of Guangzhou in the Guangdong province. During our time in Guangzhou we met with individuals interested in migrating to Australia as well as businesses in Guangzhou who are related to and interested in the services of Australian migration. We also managed to conduct a presentation at one of the largest English training schools in China, Wall Street English.

Chris Johnston introducing Australia to the students at Wall Street English

We were very fortunate to have the hospitality of the General Manager of the Doubletree by Hilton in Guangzhou, Chris Roberts who is a fellow South Australian. He extended extra care and consideration to Work Visa Lawyers and facilitated us in meeting our business obejctives.

The hospitality provided by Chris Roberts

Return to Adelaide and Findings from the Visit to China

A 13-hour flight brought us back to Adelaide from Guangzhou and it was a bit of a long journey. However it was extremely beneficial to have been invited by the Department of State Development of South Australia to participate in the largest Australian trade delegation to China since the completion of negotiations for the China-Australia Free Trade Agreement (ChAFTA) in November 2014.

With particular focus on Shandong and South Australia, there are definitely many areas of collaboration that will bring benefit to both regions. The initiative taken by the Department of State Development and Australia-China business associations such as the Australia China Business Council has done an excellent job of building the bridge for South Australian businesses to reach potential clients, partners or investors in Shandong and beyond. Work Visa Lawyers commends the effort and work done by those involved in the planning and execution of the 2^nd South Australian-Shandong Economic and Cooperation Development Forum. We look forward to be part of the delegation again next year. See you again soon China!

The Australian mining and resources sector has been hit by falling mining commodity prices globally. Vacancies and jobs in the mining sector are diminishing. Many overseas engineers and other mining related professionals who were hired to work in Australia on temporary 457 work visas face the daunting prospect of having their contract terminated and asked to leave Australia. Some have come to Australia with their family and the prospect of moving the family again may be disruptive to the family’s growth, especially for the children.

There are two clear options available to an engineer or mining professional in this situation - pack the bags and head home; or look for a different Australia visa to continue living in Australia.

What are the options for a new Australia visa application?

Most mining professionals affected by the industry downturn should consider other skilled visa applications, such as Skilled Independent or Skilled Sponsored visas. These visa pathways are not reliant on an employer’s sponsorship but instead allow professionals to apply for a permanent or temporary Australian visa based on their own qualifications, work experience and English ability. This means that you can transition from a temporary 457 work visa to a permanent Australian resident visa. Mining professionals that could qualify include:

• Production Manager (Mining)
• Chemical Engineer
• Civil Engineer
• Geotechnical Engineer
• Mining Engineer
• Petroleum Engineer
• Metallurgist
• Metallurgical or Materials Technician
• Mine Deputy

The list above is not exhaustive. You should also note that the skilled migration programme has numerous criteria so it is best that you check your eligibility first before applying.

Don’t wait until it is too late!!

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

We have had a number of professionals working in the mining industry coming to see us in relation to the situation described above. They have made a good decision. When your employment ceases while you hold a 457 visa, you may have just 90 days to do any of the following:

• find another employer to sponsor you (they need to lodge a nomination)
• apply for a different visa
• make arrangements to leave Australia.

It is very important to take note of the 90 day period. If you were to lodge a separate visa application there may be documents or components that you may need to prepare before you can submit an application for a different visa. These documents or components could include:

• taking English exams such as IELTS
• skills assessments (which can take more than 3 months to complete)
• state sponsorship

Therefore TIME is really of essence in this situation. Seek advice on your options as soon as possible to avoid being unlawful by staying in Australia beyond the 90 days given. Contact Work Visa Lawyers if you are caught in such a predicament.

This information is accurate on 17 June 2015

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.

Watch Registered Migration Agent (MARN 0640686) and Migration Lawyer Chris Johnston provide the latest updates to the Australia migration programme.

Topics covered include:

• Lower English Requirements for Skilled Graduate Visas
• 457 Visa changes include lower English
• Business and Investor Visa News
• Skilled Nomination visas – 190 and 489 program processing almost complete for the financial year
• Increases in Visa Cancellations
• RSMS 187 Policy Change
• WVL Invited to China as Part of South Australian Delegation
• Breaking News – Complying investments for SIV and PIV and Visa application

The new financial year for Australia is coming and here are some migration related news you need to know.

• Visa Application Fees (VAC) are increasing on 1 July 2015
• Immigration South Australia (SA) will start collecting fees on 10 June 2015
• Changes to the Significant Investor Visa (SIV) and introduction of the Premium Investor Visa (PIV)

Visa Application Charges for 1 July 2015

If you missed our earlier news entry on the VAC increments, click here to find out more. The new fees apply if you submit a visa application on 1 July 2015 or after, so you can still submit an application now to avoid the fee increase. The increase ranges from 2.3% to 50%.

A word of caution: try not to leave your application until the last day (30 June 2015) for submission. The online system may be flooded and users can experience system outages. A scheduled outage has been announced for Midnight Tuesday 30 June to 7am Wednesday 1 July 2015. ​

Immigration SA now charges fees for state sponsorship effective 10 June 2015

Immigration SA announced earlier that they will start collecting fees for state sponsorship application, following what other states and territories have been doing for a while now. Here is the breakdown of the charges:

Note: A credit card and processing surcharge of 3.2% is charged in addition to the fees listed.

Changes to the Significant Investor Visa (SIV) and announcing the Premium Investor Visa (PIV)

The SIV has been suspended since 24 April 2015, and will resume on 1 July 2015. While the investment amount of A$ 5 million has not changed, the structure of the complying investments has been modified to ensure allocation of investment funds to start-ups, instead of mainly government bonds. Here is the breakdown:

• At least A$ 500,000 in eligible Australian venture capital or growth private equity fund(s) investing in start-up and small private companies (“VCPE”). The Government expects to increase this to A$ 1 million for new applications within two years as the market responds; 

•  At least A$ 1.5 million in an eligible managed fund(s) or Listed Investment Companies (“LICs”) that invest in emerging companies listed on the Australian Securities Exchange (“ASX”); and 

• A ‘balancing investment’ of up to A$ 3 million in managed fund(s) or LICs that invest in a combination of eligible assets that include other ASX listed companies, eligible corporate bonds or notes, annuities and real property (subject to the 10 per cent limit on residential real estate). 

For the new PIV, a minimum investment of A$ 15 million will be required. It will be available at the invitation of the Australian Government only, with potential applicants to be nominated by Austrade. The investor will be able to apply for permanent residence in 12 months’ time, compared to 4 years for the SIV.

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

The new financial year usually brings Visa Application Charge (VAC) increases and changes to the visa programme. The best mentality for Australian visa applications is to submit an application when you are eligible as soon as possible. Do not put yourself and your family at risk of fee increases (which may be significant if you are from overseas) and migration legislation changes. Act now and lodge your application as soon as possible.

Source:

1. http://www.immi.gov.au/pub-res/Documents/budget/VAC-increases-fact-sheet.pdf
2. http://migration.sa.gov.au/resources/faq/application-fees
3. http://www.minister.immi.gov.au/michaeliacash/2015/Pages/significant-and-premium-investor-visas.aspx

This information is accurate on 9 June 2015

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:

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