In an earlier blog published in June this year, it was mentioned that the Department of Immigration and Border Protection (DIBP) has been getting tougher in relation to the processing of visa applications and monitoring of granted visas. Six months later the trend seems to be continuing where the DIBP is looking to tighten policies surrounding the Australian visa programme.

Changes to the Occupation Lists – Skilled Occupation List (SOL), Consolidated Skilled Occupation List (CSOL), Regional Sponsored Migration Scheme (RSMS) Occupation List, 457 visa occupation list

There has been recent talk about possible changes to the Skilled Occupation List (SOL) with a suggestion that 52 occupations will be removed. The occupations reportedly under scrutiny include:

• Production Manager (Mining)
• Accountant (General)
• Management Accountant
• Taxation Accountant
• Actuary
• Land Economist
• Valuer
• Ship’s Engineer
• Ship’s Master
• Ship’s Officer
• Surveyor
• Cartographer
• Other Spatial Scientist
• Chemical Engineer
• Civil Engineer
• Geotechnical Engineer
• Quantity Surveyor
• Structural Engineer
• Transport Engineer
• Electronics Engineer
• Industrial Engineer
• Mechanical Engineer
• Production or Plant Engineer
• Aeronautical Engineer
• Agricultural Engineer
• Biomedical Engineer
• Engineering Technologist
• Environmental Engineer
• Naval Architect
• Medical Laboratory Scientist
• Veterinarian
• Medical Diagnostic Radiographer
• Medical Radiation Therapist
• Occupational Therapist
• Podiatrist
• Speech Pathologist
• General Practitioner
• Anaesthetist
• Cardiologist
• Endocrinologist
• Gastroenterologist
• Intensive Care Specialist
• Paediatrician
• Obstetrician and Gynaecologist
• Medical Practitioners (nec)
• Barrister
• Solicitor
• Psychotherapist
• Psychologists (nec)
• Chef
• Boat Builder and Repairer
• Shipwright

Source: SBS

While these occupations are flagged for removal there is no certainty that they will be removed. However with the current trend of tightening the door on migration to Australia, prospective visa applicants are urged to submit an application as soon as possible to avoid any negative impact policy changes.

What does it mean if my occupation is removed from the SOL?

When your occupation is removed from the SOL it means that you will be unable to apply under the Skilled Independent subclass 189 visa or the Skilled Regional Sponsored (Relative) subclass 489 pathways. Instead you will need to apply via the Skilled Nominated subclass 190 or the Skilled Regional Sponsored (State/Territory) subclass 489 visa pathways. This is assuming that your occupation is on the CSOL and relevant Australian state/territory occupation lists.

What about the CSOL and RSMS occupation lists?

DIBP may also make changes to the CSOL and RSMS occupation list. However it may not come as a surprise if changes are made, especially since the DIBP has been adopting a closing-the-door mentality to the migration programme.

Changes to the 457 visa occupation list

The Minister for Immigration Peter Dutton recently spoke to the media and mentioned that the 457 visa occupation list will be “condensed”, signalling a potential shortening of the list and removal of some occupations. Although the occupations to be removed have not been specified, occupations which have been monitored heavily by the DIBP such as Café and Restaurant Manager, Chef, etc. may be likely to be removed from the 457 occupation list. Read our previous blog on the topic here.

Leaked discussion papers indicate a possibility of universal two-stage visas for migrants to Australia

On 30 November 2016 media reported a leaked Cabinet document which discusses the probability of a universal two-stage visa process for all migrants looking to migrate to Australia. This means that all migrants will have to undergo a provisional visa stage before being granted a permanent visa.

While it is stated that the cause for such a change is to ensure migrants are able to assimilate and adapt to the Australian way of life, the Department of Social Services have indicated a fear of creating social divisions between Australians and migrants.

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

There are currently a large number of visas where applicants obtain permanent residency immediately upon visa grant. These visas include the subclass 189 Skilled Independent visa, the subclass 190 Skilled Nominated Visa, the subclass 187 RSMS visa, the subclass 186 Employer Nomination Scheme (ENS) visa, the subclass 143 Contributory Parent visa, the subclass 858 and subclass 124 Distinguished Talent visa and the subclass 132 Business Talent visa. The proposed changes will enforce a provisional visa stage for the visa applicants above. This means a delay in Medicare eligibility, and possibly the need to pay international student fees for school-age children. Essentially the attractiveness of the visas is reduced.

From a migration perspective this means that migrants may be facing checks at three separate stages. Migrants will be assessed at:

• the initial visa application stage
• the provisional visa to permanent visa application stage
• the permanent visa to citizen stage

During the application stages above it provides the DIBP an opportunity to conduct checks on a migrant and their suitability for further stay in Australia. With the increasing emphasis of s501 – Character and PIC 4020 – Bogus and Misleading Information, migrants will need to be very careful to ensure all documents and information submitted to the DIBP are accurate and genuine.

Section 501 of the Migration Act 1958 – Visa cancellation powers

Section 501 part (3A) of the Migration Act allows the Minister of Immigration to cancel provisional and permanent visas when a visa holder fails the “character test”. This would apply to provisional and permanent visa holders who:

• are charged with a sexual offence involving a child;
• have a substantial criminal record, which includes:
  • receiving a death sentence
  • receiving a sentence of life imprisonment
  • sentenced to a term of imprisonment of 12 months or more (can be cumulative)
  • plead of insanity and detainment in a facility or institution
  • not being fit to plead, but found guilty of an offence and detailed in a facility or institution

The application of such powers was evidently demonstrated when convicted bikies and other charged criminal offenders had their visas cancelled and were forced to leave Australia.

It is expected that the DIBP will continue to utilise this cancellation power to remove visa holders who are of negative influence or character. The DIBP will be checking on visa holders at the visa and citizenship application stages, as mentioned in the earlier paragraph.

Sources:

http://www.sbs.com.au/yourlanguage/punjabi/en/article/2016/11/21/52-jobs-may-get-removed-skilled-occupation-list

http://www.smh.com.au/federal-politics/political-news/leaked-cabinet-papers-warn-secret-visa-overhaul-would-create-twotier-society-increase-violent-extremism-20161129-gt0h7s.html

http://www.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s501.html

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

The trend in policy changes from the DIBP is that the doors are closing. There have been knee-jerk reactions to the 457 visa abuse reported earlier in the year and thus the DIBP is taking a tough stance to all visa applications and compliance with visa and sponsorship obligations. In fact Australia was recently mentioned in a travel article to be one of the toughest customs and immigration authorities in the world.

The current DIBP mentality also means that visa applicants and sponsors should not think that they are safe from scrutiny once a visa application is complete. There have been increasing reports of compliance monitoring for sponsored work visas, especially in the hospitality industry. Provisional and permanent visa holders are also subject to monitoring as mentioned in the section 501 write-up above.

These policy discussions and changes indicate a “closing-the-door” trend and are in stark contrast to Canada, a country similar to Australia in terms of geography (large land mass but concentrated population in a few areas) and economy. Just yesterday the Canadian government announced a new Global Skills Strategy programme which will target highly skilled migrants and encourage them to move to Canada. If Australia continues to tighten its migration policies, we will be losing out in terms of attracting skilled and highly qualified professionals from overseas, which will help in boosting the Australian economy, innovation and cushion the effect of our aging population.

This information is accurate on 2 December 2016

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 the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

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

(08) 8351 9956 or +61 8 8351 9956

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

Work Visa Lawyers Principal Migration Lawyer and Registered Migration Agent, Chris Johnston with Senior Registered Migration Agent, Christine Lee

Work Visa Lawyers had the pleasure of attending and exhibiting at the 12th Korean Culture and Food Festival held on the 12th of November 2016.

The turnout and activity level were great for a day which was cloudy with a bit of rain. A big thank you to the organisers, volunteers and the South Australian Korean community for making the event a success!

It was nice to speak with members of the Korean community, local politicians and the general public about Australian Visas. People we spoke to wanted to know about a range of visas including Partner Visas and Skilled visas for health related occupations such as Dentist and Pharmacist.

In addition to the hospitality and warmth of the people in the event, the food and performances were also noteworthy and we look forward to attending the event again next year!

Here are some photos of the day of the festival:

Senior Registered Migration Agent, Christine Lee(2-L) with Hon. Jing Lee MLC(2-R), Eddie Liew(R) and Rachel Sanderson MP(L)

Singing performance

Traditional dance

Lucky draw to end on a high

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

It is always good to be able to connect with the local community and exchange cultural views and knowledge. The organising committee deserves a big applause for once again organising a successful event this year. We look forward to participating in the festival and meeting everyone again next year.

This information is accurate on 2 December 2016

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 the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

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

(08) 8351 9956 or +61 8 8351 9956

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

Update @ 2 December 2016

The Backpacker Tax has been voted in to be set at 15%. Tax on superannuation for backpackers is also set at 65%.

The Australian government is likely to pass legislation to affix the Backpacker Tax at 15%. This is a significant reduction from the 32.5% planned to be implemented on 1 January 2017.

The taxing on superannuation for backpackers will also be set for 65%, rather than the 95% proposed earlier.

This is a huge relief to Working Holiday and Work and Holiday visa holders to Australia. The lower taxes will allow them to save, spend and travel around Australia more.

The breakthrough came about as the Greens supported the coalition government’s 15% tax rate.

The changes are likely and we will update this space once the confirmation is available.

Sources:

http://www.abc.net.au/news/2016-12-01/backpacker-tax-passes-senate/8084334

http://www.abc.net.au/news/2016-12-01/backpacker-tax-set-to-pass/8084334

http://www.theaustralian.com.au/national-affairs/politicsnow-live-from-canberra-senate-house-of-reps/news-story/599b37d0b304e32fb2ba6d243c9564a8#U601304426220ibG

This information is accurate on 1 December 2016

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 the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

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

(08) 8351 9956 or +61 8 8351 9956

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

Apply for a 485 Temporary Graduate Visa if you are eligible

There are two streams to the 485 visa which are:

1. Graduate Work Stream 

2. Post-Study Work Stream

Graduate Work Stream

• For international students who graduated with a qualification related to an occupation on the Skilled Occupation List (SOL)

• Requires a positive skills assessment

•  Valid for 18 months from the date of grant

Post-Study Work Stream

• For International students who graduate with a higher education degree from an Australian education provider, regardless of their field of study.

• This stream is only available to students who applied for, and were granted their first student visa to Australia on or after 5 November 2011.

• This visa can be granted up to 4 years from the date the visa is granted, depending on the visa applicant's qualification.

Other criteria require for both streams include:

• meet English language requirements. You have achieved an overall score of at least 6 with a minimum a score of 5 in each of the four test components (speaking, reading, listening and writing) in an International English Language Testing System (IELTS) test that has been undertaken in the three years immediately prior to lodging the visa application.

• meet the 2 years full time Australian study requirement

Many graduates choose to apply for the 485 visa to give them more time to achieve the requirements for General Skilled Migration (GSM) or Employer Sponsored visas. While holding the 485 visa, you could:

• obtain a positive skills assessment

• improve English test scores

• find an employer to sponsor you

• gain more work experience (an application for a Temporary Skills Shortage subclass 482 visa requires 2 years of relevant work experience)

The subclass 485 Temporary Graduate Visa is a good option, but it is not available to all students. Many vocational course graduates miss out and may need to consider other options.

If you cannot apply for one of the two Graduate visas, then you mayneed to consider your other options below. If GSM and Employer sponsorship are not suitable, then you may have to apply for further studies visa.

Apply for a Skilled Visa – Subclass 189, 190 or 491

Apply for a 482 Temporary Skills Shortage Visa

You may be eligible to apply for a 482 visa if you have worked the permitted 20 hours per week for 2 years while holding your student visa. You will also need an employer who is willing to sponsor you for a work visa.
This pathway requires a few stages of work as the employer needs to be an approved sponsor first before sponsoring you. Work Visa Lawyers assists in checking the eligibility of the employer to be a sponsor and the sponsorship application process. If you have an employer willing to sponsor you, do contact us immediately as the preparation involved before your visa application can take some time. It is noteworthy that some employers may sponsor you for a permanent visa immediately.

Apply for a Partner Visa

Apply for a Further Studies Visa

• The course you recently completed does not meet the 2-year study requirement, or
• The course you completed has no suitable occupation to be nominated for a visa application

Pathways Taken By Other Graduates

Rosa

Bruno

Sources:

Immigration SA website

Department of Home Affairs website

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-graduate-485

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-nominated-190

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-work-regional-provisional-491

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-skill-shortage-482

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore

This information is accurate on 28 February 2020.  Department of Home Affairs will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application.

Do You Need Help?

At Work Visa Lawyers we are experienced in assisting applicants with skilled visa applications such as subclass 189, 190, 489, 485, 457 visas as well as the Regional Sponsored Migration Scheme (RSMS). We also handle family visa applications including Partner, Parent and Child visas.

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

 (08) 8351 9956 or +61 8 8351 9956 

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

The 12th Korean Culture and Food Festival brings to you a day of great food, fascinating culture and a pleasant time among the Korean community in Adelaide.

Details of the festival are as follows:

Date: Saturday 12 November 2016
Venue: Light Square (corner of Currie Street and Morphett Street)
Time: 10 a.m. to 4 p.m.

In continuing its support for the various communities in South Australia Work Visa Lawyers will be in attendance and you will be able to meet Principal Migration Agent and Lawyer, Chris Johnston and Senior Migration Agent Christine Lee at one of the booths set up at the festival. Come have a chat with us or speak to us for free* about an Australian visa query or question you may have.

Further details about the festival below:

We look forward to seeing you there!

*Complimentary 10 minutes consultation.

Effective from 19 November 2016, subclass 462 Work and Holiday visa holders will be eligible to apply for a second Work and Holiday visa if they have worked for at least 88 days or 3 months in the specified work.  This specified work usually includes work in agriculture, forestry, fisheries, in regional areas. We do not have the details on what will constitute specified work for the 462 and will do further post on this when it becomes available. 

The subclass 462 Work and Holiday visa is for young travellers aged 18 to 30 from the following countries:

• Argentina
• Bangladesh
• Chile
• China, People's Republic of
• Indonesia
• Israel
• Malaysia
• Poland
• Portugal
• Slovak Republic
• Slovenia
• Spain
• Thailand
• Turkey
• USA
• Uruguay

Please be aware that the subclass 462 (Work and Holiday) visa is different from the subclass 417 Working Holiday visa. With the changes introduced the subclass 462 (Work and Holiday) visa will be on par with the subclass 417 Working Holiday visa which allows for visa holders to apply for a second visa to extend their stay in Australia.

The move will also be a boost to regional Australia tourism and employers who find it difficult to find help in the bush or the outback.

Sources:

https://www.legislation.gov.au/Details/F2016L01696/Explanatory%20Statement/Text

https://www.border.gov.au/Trav/Visa-1/462-

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

The change announced is a positive development for the subclass 462 (Work and Holiday) visa, which has been in the shadows of the Working Holiday subclass 417 visa for a long time. The fact that this visa class is limited in numbers to the eligible countries makes this legislative change even more valuable to holders fortunate enough to obtain the visa.

While it is good to see the Department of Immigration and Border Protection (DIBP) introduce changes to assist with the seasonal workforce requirements for northern Australia, it could be more beneficial if the criteria for a second Work and Holiday visa be extended to work done in other parts of Australia as well.

Another possible change that is in discussion at the moment is the increase of the upper age limit for both the subclass 462 (Work and Holiday) visa and the Working Holiday subclass 417 visa from 30 to 35 years of age. Work Visa Lawyers will publish the updates as they become available. Follow us on Facebook or Twitter to get the latest news updates!

This information is accurate on 3 November 2016

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 the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

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

(08) 8351 9956 or +61 8 8351 9956

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

2018 UPDATE

Important changes affecting Queensland, Victoria and South Australia State Sponsorship for 190, 489 and 187 visas as migration year nears end!

How to increase your points for Employer Sponsored Visas (Subclass 187)

How the new Skilling Australia Fund Levy Will Affect RSMS 187

The Regional Sponsored Migration Scheme visa (subclass 187), popularly referred to as the “RSMS visa” is an attractive Australian visa for professionals being sponsored to work in the regional areas of Australia. The RSMS visa grants you and your family members permanent residency in Australia. Here is an overview of what the RSMS visa allows you (and your family – partner and children) to do in Australia:

• Live in Australia indefinitely
• Work for the sponsoring company for at least 2 years
• Travel in and out of Australia repeatedly for a period of 5 years
• Study in Australia as a domestic student
• Enjoy benefits such as Medicare, First Home Buyer’s Grant, Family Tax Benefits, etc.

While it sounds very attractive, especially in comparison to the temporary work 457 visa, it is important to note that the requirements to apply for the RSMS are very different from the 457 visa application. Here are the 10 things you need to know about applying for a RSMS visa.

No. 1 – What are the regional areas in Australia for the purposes of the RSMS visa?

The regional areas of Australia include all parts of Australia except Brisbane, Gold Coast, Newcastle, Sydney, Wollongong and Melbourne.

No. 2 - The 3 streams of the RSMS

There are 3 application pathways or streams for the Regional Sponsored Migration Scheme visa (subclass 187). The 3 streams available are:

(i) Temporary Residence Transition stream

This stream is available for Temporary Work (Skilled) visa (subclass 457) holders who have worked for the sponsoring employer for at least 2 years. You will also need to meet vocational English requirements unless you are exempt. No skills assessment is required.

(ii) Direct Entry stream

This is available for applicants who:

• have never, or only briefly worked in Australia
• hold a Temporary Work (Skilled) visa (subclass 457) but do not qualify under the Temporary Residence Transition Stream
• are applying directly from outside Australia

You will need to meet competent English requirements (unless exempted) and also meet the skills requirements, which are explained in more details below.

(iii) Agreement stream

This stream is only applicable if you are being sponsored by an employer through a tailored and negotiated labour agreement. The age, skills and English requirements will be stated in the labour agreement.

No. 3 - Offer of employment in skilled position on a relevant list from an Australian business

The employer is an important part of the application process. You must have an Australian employer who is willing to sponsor you for an occupation that is on the appropriate occupation list.

For the Temporary Residence Transition stream you will need to refer to the Consolidated Sponsored Occupations List. The nominated occupation for the RSMS subclass 187 visa must have the same four-digit occupation unit group code as the occupation being carried out by the employee.

For the Direct Entry stream you will need to refer to a special legislative instrument for the list of occupations suitable for nomination. The occupations are specified in the legislative instruments IMMI 15/083 and IMMI 15/109. You will also need to seek Regional Certifying Body (RCB) approval before being able to nominate a position. More details about the RCB are explained below.

For the Labour Agreement stream you will need to check if an agreement is in place for the occupation being nominated. The occupation must have a Labour Agreement in place to be suitable for nomination.

If you need help with the position being nominated, please seek the help and advice of Work Visa Lawyers.

No. 4 – Visa applicant requirements for the RSMS Direct Entry

Applicants applying for the RSMS Direct Entry visa need to meet English, skills and age requirements.

For English applicants will need to demonstrate Competent English, which is shown by obtaining English test scores of IELTS 6.0 in all components, or equivalent alternative test scores. You will meet the English requirements if you are a holder of a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland.

You may be exempt from the English requirement if you command a very high salary for the position or are nominated for a select group of occupations.

The visa applicant must meet the skills and qualifications requirement for the nominated occupation. The skills and qualifications required for each occupation can be found at the ANZSCO list from the Australian Bureau of Statistics. Trade occupation applicants will need to obtain a skills assessment if the relevant qualifications were obtained outside of Australia.

Professions such as medical practitioners and nurses will need to obtain full practising registration in Australia before they can apply. As such many candidates from such professions will apply for a 457 visa first to work and obtain registration in Australia, before applying for permanent residence via the Temporary Transition stream later.

All Direct Entry 187 RSMS visa applicants need to be under the age of 50, unless exemptions apply.

No. 5 – Employer requirements for the RSMS Direct Entry

The employer will need to offer a position that is available for at least two years from the time the RSMS visa is granted. The occupation needs to be on one of the occupation lists relevant for the RSMS visa. Prior to the RSMS nomination and visa application the employer needs to apply for a Regional Certifying Body (RCB) certification. The RCB certification requires the employer to:

- advertise the position to show that the employer was unable to find a local Australian citizen or permanent resident to work in the position

- demonstrate genuine need for the position

Without a RCB approval your RSMS visa is likely to be refused by the DIBP.

No. 6 – Advantages of the RSMS Direct Entry subclass 187 visa

There are two advantages to the RSMS visa application. Firstly the nominated position is not subject to the Temporary Skilled Migration Income Threshold (TSMIT) which is $53,900. This means that unlike the 457 Temporary Work Visa the RSMS visa is suitable for occupations which have an annual market salary lower than $53,900 (such as cooks or restaurant and café managers). Secondly the RSMS occupation list has more occupations than the Consolidated Skilled Occupation List (CSOL) used for the 457 visa. A good example is Hotel Service Managers which are available for sponsorship under the RSMS visa but not for the 457 Temporary Work Visa.

Other advantages would include the exclusion from 457 visa sponsorship obligations and the fact that visa applicants (the employee and family) will receive Australian permanent residence from date of grant, with access to Medicare and international school fee waivers.

No. 7 – RSMS Temporary Transition requirements for existing 457 visa holders

The key requirements for a 457 visa holder to apply for the RSMS via Temporary Transition are:

- the applicant must have held the 457 visa and worked under the same employer for at least 2 out of the last 3 years before applying. There are very limited exceptions for this

- the employer has paid the correct salary, superannuation and withheld taxes for the work done under the 457 visa employment

- the employer meets the Training Benchmark requirements. This means that the employer has provided an acceptable amount of training for its Australian citizen and permanent resident employees, or has made a contribution to a relevant industry training fund

No. 8 – Advantages of the RSMS Temporary Transition subclass 187 visa

The required English ability for this visa application is Vocational English, which is IELTS 5.0 in all components or equivalent English test results. There is also no need for skills assessments, demonstration of skills or qualifications if the 457 visa holder has been employed in the position for at least 2 years. The Temporary Transition pathway also allows access to a health waiver, which will be helpful to a family which may have a family member who is ill. Do note that there is no guarantee that a health waiver will be granted.

No. 9 – Obligations to be met by the Employer and Employee under the RSMS visa

The most recent focus is on the “Payment for Visas” conduct where visa applicants have paid employers in return for a RSMS sponsorship. Recently passed legislation now allows both the employer and employee to be subjected to civil and criminal penalties, which include fines and imprisonment. The Department can also cancel the RSMS visa of the employee who engaged in such illegal conduct.

Additionally the Migration Act also allows the Department to cancel the RSMS visa of an employee if:

1) the employee does not start working for the employer within 6 months of arriving in Australia

2) the employee does not make a genuine effort to stay and work with the employer for at least 2 years

No.10 – Do I need help with a RSMS subclass 187 visa?

The RSMS involves multiple stages and can be a complex application for both the employer and employee. In 2014 73.8% of RSMS applications submitted were prepared by Registered Migration Agents.

More importantly using the services of a Registered Migration Agent provides accountability, consumer protection and expertise required to submit a strong application on your behalf.

At Work Visa Lawyers we have a team of Immigration Lawyers and Registered Migration Agents who can assist you with RSMS applications regardless of the industry.

Time stamps

0:44 - #1 What are the Regional Areas in Australia?

1:30 - #2 The streams to an RSMS - Direct Entry, Temporary Transition and Labour Agreement

2:21 - #3 Offer of employment in skilled position on a relevant list from an Australian business

4:29 - #4 RSMS Direct Entry requirements for the visa applicant

6:10 - #5 RSMS Direct Entry requirements for the employer/business sponsor

7:09 - #6 Advantages of the RSMS Direct Entry pathway

8:16 - #7 RSMS Temporary Transition requirements for the visa applicant

8:58 - #8 Advantages of the RSMS Temporary Transition pathway

9:53 - #9 Obligations of the RSMS visa for visa applicant and employer sponsors

10:55 - #10 Do I need help with a RSMS subclass 187 visa

Hope you found the video helpful! Remember to subscribe to the Work Visa Lawyers channel for more videos.

You can find more information about the RSMS visa from the Work Visa Lawyers blog articles:

http://www.workvisalawyers.com.au/new...

http://www.workvisalawyers.com.au/new...

http://www.workvisalawyers.com.au/new...

Work Visa Lawyers is experienced in a variety of Australian visa application, including:
Employer Sponsored Visas | 457 visas | RSMS 187 visas | ENS 186 visas | Standard Business Sponsorship | Meeting Training Benchmarks and Creating Training Plans | RCB certification | Labour Market Testing | Market Salary Research | General Skilled Migration | State Nomination | Partner visas | Parent visas | Business Migration visas | and others.

Contact Work Visa Lawyers today if you need help with an Australian visa application.

This information is accurate on 21 October 2016

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 the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

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

(08) 8351 9956 or +61 8 8351 9956

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

A new Temporary Activity Visa Framework for Australia will commence on 19 November 2016. With effect from 19 November 2016 there will only be four temporary activity visas, namely:

- Subclass 400 Temporary Work (Short Stay Specialist)

- Subclass 403 Temporary Work (International Relations)

- Subclass 407 Training

- Subclass 408 Temporary Activity

The new framework will also remove the following visa subclasses:

- Subclass 401 Temporary Work (Long Stay Activity)

- Subclass 402 Training and Research

- Subclass 416 Special Program

- Subclass 420 Temporary Work (Entertainment)

- Subclass 488 Superyacht Crew

The streamlining of the temporary activity visa programme is part of the Australian Government’s plan to improve the efficiency of processing visas.

While the regulations have not been officially released by the Department of Immigration and Border Protection (DIBP), the following information has been provided in briefings:

- Visa application charge (VAC) for all four subclasses will be A$ 275.00

- All applications should be lodged online. Paper applications are only available for the Subclass 403 visa

Further descriptions about the four visas are available from the DIBP website:

Subclass 400 Temporary Work (Short Stay Specialist) visa

This visa would be for people who want to come to Australia on a temporary basis to:

• undertake short-term, highly specialised, non-ongoing work
• in limited circumstances, participate in an activity or work relating to Australia’s interests.

There is no need for sponsorship for this visa. The visa will be granted for a maximum of 3 months stay.

Subclass 403 Temporary Work (International Relations) visa

This visa would be for people who want to come to Australia on a temporary basis:

• in relation to a bilateral agreement
• to represent a foreign government or to teach a foreign language in an Australian school
• to undertake full-time domestic work for a diplomat
• as a person with statutory privileges and immunities
• to participate in the Seasonal Worker Programme.

Subclass 407 Training visa

This visa would be for people who want to come to Australia on a temporary basis to undertake occupational training or participate in classroom based professional development activities.

The subclass 407 Training visa involves Sponsorship, Nomination and Visa Application. The training provider will be the sponsor of the occupational trainees. Applicants will need to demonstrate functional English and the maximum stay for this visa is 24 months.

PhD students, university researchers and academics will now apply under the subclass 408 Temporary Activity visa.

Subclass 408 Temporary Activity visa

This visa would be for people who want to come to Australia on a temporary basis to:

• work in the entertainment industry
• participate in a non-ongoing cultural or social activities at the invitation of an Australian organisation
• observe or participate as an academic in a research project
• undertake full-time religious work
• participate in a special programme to enhance international relations and cultural exchange
• participate in high-level sports (including training)
• work in a skilled position under a staff exchange arrangement
• participate in an Australian government endorsed event
• work as a superyacht crew member
• undertake full-time domestic work in the household of certain senior foreign executives.

Sponsorship for this visa is required if the application is lodged onshore. Offshore applications will also require sponsorship if the stay required is longer than 3 months. Offshore applications applying for stay periods lesser than 3 months will not require sponsorship. Nomination applications are not necessary for this visa.

Important Note:

Temporary activity visa applications lodged before 19 November 2016 will be processed under current legislation. If a visa application is made on or after 19 November 2016, you will be unable to link the visa application to a previously approved nomination. In other words you will need to resubmit a nomination before you can submit the visa application.

Sources:

https://www.border.gov.au/Trav/Work/temporary-activity-visa-changes

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

The new temporary activity visa framework is a step in the right direction to streamline visa applications and allow visa applications to be processed faster. However it is worth noting that when the Student visa programme underwent a similar streamlining process the transition was less than smooth for many applicants. There were reported delays that many student visa applications took longer than expected, and were processed slower compared to the previous programme. Hopefully the transition for the temporary activity visas will be smoother this time around.

This information is accurate on 14 October 2016

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 the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

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

(08) 8351 9956 or +61 8 8351 9956

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

With the Australian Parliament back in motion, developments to the Australian visa programme have been announced in quick succession. Here are two recent news update that will be of interest to many.

Lower taxes, visa application fees and more for Working Holiday Visas holders

On 27 September 2016 The Hon. Scott Morrison MP, Treasurer for the Australian Government, released a media statement announcing a string of changes to the benefit of Working Holiday visa applicants and holders. The changes include:

- Lower taxes for working holiday visa holders

The $80,000 threshold is increasing to $87,000 for the 2016-17 financial year; tax paid calculation is based on the $80,000 threshold.

- Lower visa application fee for the working holiday visas

- A$ 10 million in funding to campaign for and attract youth around the world for the working holiday visa programme

- Allowing working holiday visa employees to stay with one employer for 12 months (instead of 6 months previously) provided the location of employment is different

Employers of working holiday visa holders will also need to register with the Australian Taxation Office (ATO) to withhold taxes at the 19 per cent tax rate. An additional A$ 10 million will be provided to the ATO and Fair Work Ombudsman (FWO) to address workplace exploitation of working holiday visa holders.

Working holiday visa holders will need to note that a 95 per cent tax applies for the Departing Australia Superannuation Payment (DASP), which will be effective from 1 July 2017.

New Temporary Visa for Parents to stay in Australia for up to 5 years

Assistant Minister for Immigration and Border Protection Alex Hawke recently announced the Department’s plan to introduce a new temporary visa for parents of Australian citizens, permanent residents and Eligible New Zealand citizens. Under the new temporary visa to be introduced parents who are sponsored by their Australian citizen, permanent resident or eligible New Zealand citizen child will be able to visit and stay in Australia for a period of up to 5 years.

The new temporary visa for parents is planned to be implemented in July 2017 and is currently at a community discussion stage. This means that details about the new temporary visa may change and the confirmed details may only be published closer to July 2017.

Information about the new temporary visa for parents currently includes:

- the validity of the visa is determined by the needs of the sponsor. As such the visa can allow parents to stay for one, three or five years

- the sponsor(child) must have resided in and contributed(be employed and paid taxes) to Australia

- the sponsor will need to demonstrate that they can support their parents in Australia

- the parents will need to have adequate health insurance

- a bond will be required for the duration of the visa validity

As mentioned this visa is currently not in effect and further details will be provided as they become available.

Sources:

1. http://sjm.ministers.treasury.gov.au/media-release/104-2016/
2. https://www.alexhawke.com.au/media/media-releases/new-temporary-visa-sponsored-parents

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

The changes announced for the Working Holiday visa holders are a good direction in attracting skilled youth to visit Australia. The working holiday visa programme provides casual and seasonal workers for the agricultural industry and is a big help to Australian farmers. Making the working holiday visa attractive is important for the agricultural and tourism industry of Australia. The big u-turn to the originally planned backpacker’s tax is helpful for the working holiday visa programme.

The announcement of the temporary visa for parents is also a good direction in allowing families to spend more time with each other. However it is worth noting that in the Productivity Commission Inquiry Report on Migrant Intake into Australia, No.77 released on 13 April 2016, it is noted that the report finds that the contributory fee (currently A$ 43,600) for the subclass 143 Contributory Parent visas are deemed insufficient to cover fiscal costs of granting a parent visa. It is estimated that the fiscal costs for a single parent visa holder ranges between A$ 335,000 to A$ 410,000. Based on this finding we may see a significant increase to the contributory fee soon.

If the contributory fee for parents does increase, it may drive more applicants to apply for the new temporary visa for parents. Check back with Work Visa Lawyers as we will provide you with the latest changes about the parent visas as they become available.

This information is accurate on 30 September 2016

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 the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

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

(08) 8351 9956 or +61 8 8351 9956

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