This is the news that many have been waiting for. The Department of Immigration and Border Protection (DIBP) has amended English requirements for the Subclass 457 (Temporary Work (Skilled)) visas. The change will affect all new applications lodged on or after 18 April 2015, and also existing applications in progress that have not been finalised. Here are the new scores requirement:

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

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

Along with the changes announced for the 476 and 485 visas (read the news here), the 457 visa programme now has lower English requirements as well. There are no changes to the OET test scores requirement, and CAE exams need to be completed on or after 1 January 2015.

While this will allow more applicants to meet the 457 visa requirements, it is important to know that there are other criteria that need to be fulfilled prior to lodging an application, as well as important obligations to fulfil after a 457 visa is granted, for both the applicant and business sponsor. Failing to meet the criteria and obligations thereafter may cause invite monitoring and sanctions from the Department.

Source:

1. http://www.comlaw.gov.au/Details/F2015L00563

This information is accurate on the 21 April 2015

Do you need help with an Employer Sponsored work visa application?

At Work Visa Lawyers we are experienced in assisting applicants for the Employer Sponsored work visa applications, which include business sponsorship application, nomination and visa application. We are also experienced in general skilled migration visas, business skills visas and family visas.

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 lower English requirements for the Skilled – Recognised Graduate (subclass 476) and Temporary Graduate (subclass 485) visas. Originally applicants needed to meet “competent English” requirements for the 476 and 485 visa applications. For new applications lodged on or after 18 April 2015, applicants will now need to show one of the following:

• an overall score of at least 6, with nothing below 5 in each of the four test components (speaking, reading, listening and writing) in an International English Language Testing System (IELTS) test
• a score of at least 'B' in each of the four test components (speaking, reading, listening and writing) of an Occupational English Test (OET)
• a total score of at least 64, with nothing below 4 for listening, 4 for reading, 14 for writing and 14 for speaking, in a Test of English as a Foreign Language internet-based test (TOEFL iBT)
• an overall score of at least 50 with nothing below 36 in each of the four test components (listening, reading, writing and speaking) in a Pearson Test of English Academic
• an overall score of at least 169 with nothing below 154 in each of the four test components (listening, reading, w​​​​riting and speaking) in a Cambridge English: Advanced (CAE) test taken on or after 1 January 2015
• evidence of holding a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland.

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

In recent times the English requirement for visa applications has been increased after the findings of correlation between English ability and employment outcomes for new migrants. This new change is a win-win for international students and the government as students will get a try-out at working and living in Australia for a period of up to 18 months. After fulfilling criteria such as 12 months employment and better English test results, which indicates a compatibility between the graduate and Australia, the 476 or 485 visa holder can then apply for permanent visa options.

Source:

1. http://www.immi.gov.au/News/Pages/el-change.aspx

This information is accurate on the 20 April 2015

Do you need help with a Skilled Migration visa application?

At Work Visa Lawyers we are experienced in assisting applicants for the skilled migration visa applications, which include the 476 and 485 visas. We are also experienced in the employer sponsored work visas, business skills visas and family visas.

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.

.

WHICH ENGLISH TEST IS THE BEST FOR AUSTRALIAN MIGRATION?

2018 IELTS UPDATE: IELTS now offering computer-delivered English tests for visa applicants in AustraliaIELTS now offering computer-delivered English tests for visa applicants in Australia

New tests are available for Australian Migration, giving you more options!

Since 23 November 2014 the Department of Immigration and Border Protection (DIBP) has accepted other forms of English tests other than IELTS and the OET for Temporary Graduate, Skilled, Former Resident and Work and Holiday visa applications.  In our earlier article we mentioned that in addition to IELTS and OET, applicants can now use TOEFL and PTE Academic for visa application purposes (CAE to be accepted 1 Jan 2015 onwards).  Click here for our earlier article regarding the newly accepted English exams and the relevant scoring benchmarks.

So applicants now have options to the type of English exam they wish to take for their visa application. 

The options include:

• IELTS
• TOEFL iBT
• Pearson - PTE Academic
• Cambridge English: Advanced (CAE)

WHICH ENGLISH TEST is Easiest and Best for You?

Are all the English exams the same? 

Are the structures of some exams more compatible for the person taking the exam? 

TOEFL is all done talking to the computer, whereas IELTS is paper based for writing and you have to speak to a person.

Watch this video of a student who have done all the different exams and what he thinks about them.  You can hear him speak about the differences between TOEFL and IELTS at the 3:31 mark: 

“I scored much better on the TOEFL test than I did the IELTS. So the difference was quite big.  So apparently for me the TOEFL was better.  So for the IELTS test I had an overall average of 7.5... For the TOEFL test I scored...  for the internet based test I scored 114 out of 120”

Another video provides more details on the preparation for the exams (2:55 mark):

“These (preparation leaflets) are very important because they really give you... put you at ease when you are in front of the exam so I would really recommend reading those. So even if you don’t really prepare your English at least you prepare the way you have to take you exam so that would help you a lot.”

On the exam format (6:34 mark):

“... in TOEFL lots of it were in multiple choice except for the writing section and in the IELTS you have to write even when you are listening and also when you are reading you have to write...”

For a detailed description of the exam formats and differences you can watch this video and find out what tasks await you in the different exams.  There are also many tips and video guides on specific sections for the exams on YouTube.  You can also find more descriptions online for the other English exams such as Cambridge English: Advanced (CAE) that is now accepted for visa applications.

Now that you know the exams are different, do find out and try the specimen exam materials for the different tests to see which suits you better.  Complications in fulfilling the English requirements can delay your visa application and affect your eligibility.  Act now to find your best English test and obtain the scores required to start your new life in Australia!

Comments by Chris Johnston – Principal Lawyer at Work Visa Lawyers:

With the recent opening of new test for many Australian visas, I have spoken with many of my client’s.  Some are sticking with the IELTS as they are used to its structure. 

There is also strong interest in the TOEFL IBT due to it being done on a computer at a testing centre.  I will do further blogs in which I comment on the feedback provided by my clients about which test they prefer.

Source:

From Fulbright Belgium

Applying to US Universities: Comparing the GRE, GMAT, TOEFL and IELTS Tests

https://www.youtube.com/watch?v=agBQrQOWPAo

TOEFL vs IELTS: Comparing English Language Proficiency Tests

https://www.youtube.com/watch?v=yk2hMlRW99g

TOEFL - IELTS: Compare TOEFL vs IELTS and take the right one https://www.youtube.com/watch?v=2CFBXg4H3fU

Warning:

 This information is accurate on the 11 January 2015.

Do You Need Help with Australia Migration?

At Work Visa Lawyers we are experienced in assisting applicants with the Expression of Interest, State Sponsorship and Visa application process for state sponsored subclasses 190 and 489.  We can also assist with the Independent 189.

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.

Yeah!  New English Tests now acceptable for many Australian visa applications - TOEFL iBT and PTE Academic witn CAE to follow in January!

The Department of Immigration has been sending this news release out today:

“Expansion of three additional English language tests across visa programmes from 23 November 2014

From 23 November 2014 the department will accept test scores from two additional tests to IELTS across the Temporary Graduate, Skilled, Former Resident and Work and Holiday programmes. These are the Test of English as a Foreign Language internet-based test (TOEFL iBT) and the Pearson Test of English (PTE) Academic. The department will also accept scores from the Cambridge English: Advanced (CAE) test undertaken from 1 January 2015. Further information about these alternative tests is available from the department’s website www.immi.gov.au/News/Pages/aelt.aspx.

The department will not accept test scores from TOEFL iBT, PTE Academic or Cambridge English: Advanced (CAE) tests for Temporary Work (Skilled) (subclass 457) visas as evidence of English language ability.”

Here are the English Score Equivalencies in a Table

*From 1 January 2015 and only for a Cambridge English: Advanced (CAE) test taken on or after 1 January 2015.

Sources:

DIBP website:

http://www.immi.gov.au/News/Pages/aelt.aspx 

Warning:

 This information is accurate on the 24 November 2014.  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  Australia Migration?

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.  We can also assist with the Independent 189.

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.

Accountant Skills Assessment for Australian Migration- New English Tests TOEFL and PTE Academic are now acceptable  

The Institute of Chartered Accountants Australia announced the following on the 31 October 2014:

“English language requirements

From 1 November 2014 we will be recognising the following programs or tests as meeting the English language requirement for the specific types of assessments we undertake.

IELTS

PTE Academic 

TOEFL iBT

Minimum scores of each of the components will need to be achieved and are listed below:

Permanent residency

Temporary Visa Subclass 485

There are no exemptions for any criteria for migration purposes. All applicant’s will be assessed against the same assessing criteria, including the English language requirement.  You will need to ensure that you meet the English language requirement as listed above.”

Sources:

The Institute of Chartered Accountants Australia website:

http://www.charteredaccountants.com.au/The-Institute/Migration-assessment/About-migration-assessment.aspx

Warning:

 This information is accurate on the 05 November 2014.  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  Australia Migration?

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.  We can also assist with the Independent 189.

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.

Five tips for the IELTS test by English tutor Fran Reid.

1.      Know what the examiners want for each section of the test.

Each section of the test is marked according to certain criteria, knowing what the examiner is looking for will help you to target your responses.

2.      Speak, listen, read and write English as much as possible.

‘Using’ English in your everyday life will improve your confidence in using English in a relaxed way.

3.      Practice the test on a regular basis.

Practice gives you a feel for the timing of the test and increases your self confidence by giving you a realistic idea of your English capabilities.

         4.   Manage your time so you have a quiet space for practice.

Make sure you are in a good position to prepare for the test. Work and family responsibilities often get in the way of studies so plan for this study period.

5.      Engage a tutor or not?

Taking IELTS preparation classes provides you with a controlled environment where a tutor will monitor your work and give you feedback to help you understand where you need to improve.

Do You Need Help with the IELTS Test?

At MarketPlaceEnglish I assist people with the IELTS Test using authentic practice materials and providing constructive feedback.

I am a qualified and experienced tutor having helped hundreds of people gain their desired band score.

I provide English tuition in the city of Adelaide in South Australia.

If I can be of assistance or you require further information and would like to make a booking please contact Frances on:

Phone: 042 117 8286

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

457 visas changes Announced by Australia Government:

The Australian Federal Government has announced on 14 October 2014 that the following changes will be made:

“The Government will reform the 457 visa programme for skilled migrants, while maintaining strong safeguards against abuse.

The 457 programme must be a means of filling genuine skills gaps in the local labour market while not placing unnecessary administrative burdens on business.

An effectively managed skilled migration programme ensures foreign workers supplement rather than substitute Australian workers. A business that is forced to close because it is unable to access the labour that it requires employs no-one.  That is a lose–lose situation for both employers and employees.

Following an independent review of the 457 programme, the Government will:

·         streamline the processing of sponsorship, nomination and visa applications to reward low risk applicants and refocus compliance and monitoring activities on high risk applicants;

·         increase the sponsorship approval period from 12 to 18 months for start-up businesses, to give start-ups more time to make their businesses sustainable;

·         provide greater flexibility in relation to English language testing and skill requirements for 457 applicants, to ensure that the standards required are appropriate for the industries and occupations being sought; and

·         retain the Temporary Skilled Migration Income Threshold at $53 900, ahead of a review within the next two years.

Safeguards will remain in place to ensure that the 457 visa programme is not rorted. It will continue to be a requirement that a foreign worker receives at least the same market rates and conditions that are paid to an Australian doing the same job in the same workplace”

Comment by Chris Johnston, Principal Solicitor with Work Visa Lawyers:

The announced planned changes will be welcomed by businesses and by potential visa applicants.

The area of greatest interest for visa applicants will be in relation to the proposed greater flexibility in relation to English language requirements.

The 457 Report recommended the English language requirement be amended to an average score. For example, in relation to International English Language Testing System, the 457 applicant should have an average of 5 across the four competencies (or the equivalent for an alternative English language testing provider).

So this averaging system mentioned in the 457 Report could be the greater flexibility, but we will have to wait until the actual changes are enacted.

The date of the 457 changes has not been provided.  The Federal Government has said that there “will soon make further announcements on the recommendations of reviews”.

Work Visa Lawyers will keep you posted in our news section.

Sources:

Joint media release with Prime Minister Tony Abbott, Minister for Industry Ian McFarlane and Minister for Immigration and Border Protection Scott Morrison.:

http://www.minister.immi.gov.au/media/sm/2014/sm218547.htm

Warning -This information is accurate on the 18 October 2014.  

DIBP will change visa requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Do you Need Help with the 457 process, to be approved as a business sponsor or to get an Australian Visa for an employee?

If you require further information regarding an employer sponsored visa applications , either as an employer or an applicant, we can help you.

Contact us on (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 Government of Western Australia have recently released new criteria for WA state sponsorship for subclass 190 and 489 visas.

The following are significant changes to the criteria:

- English Requirements:

Managers and Professionals (Group 1 and 2 in ANZSCO)  who are on the WA State Migration Plan must obtain at least 7,7,7,7 in the IELTS or a minimum of all Bs on the OET test. Other groups of occupations still require just 6,6,6,6.

There are still English requirement exemptions those holding a UK, USA, Canada, Ireland or NZ passport.

- Work Experience Requirements:

 All applicants must meet the minimum work experience requirement of:

        ◦ at least one year of Australian work experience in the nominated (or closely related) occupation over the last ten years; or

        ◦ at least three years of overseas work experience in the nominated (or closely related) occupation over the last ten years; and

- Job Offered Required even for Offshore applicants:

If your occupation is on Schedule 2 of the WASMOL you must have a job offer for both a 489 and a 190 application, even if you are applying from overseas.

Source and Accuracy

Source: http://www.migration.wa.gov.au/SiteCollectionDocuments/skilled_migration_criteria_2013-2014%20(4).pdf

This information is accurate on the 02 February 2014.  States and Territories 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