Ceased visa classes Reopened - Parent, Remaining Relative, Aged Dependent Relative & Carer visas

Visa Classes Now Open

Senator Hanson-Young's disallowance motion against theMigration Amendment (Repeal of Certain Visa Classes) Regulation 2014, wassuccessful.

The visas which will be be reopened are the following classes:

Parent -Subclass -Subclass 103

Aged Parent- Subclass 804

Aged Dependent Relative - Subclass 114

Aged Dependent Relative -Subclass 838.

Remaining Relative- Subclass 115

Remaining Relative -Subclass 835

Carer-Subclass –Subclass 116

Carer - Subclass 836

They may not stay open long:

The visas are likely to be closed again by further government actions – so you may want to get in quick to lodge.

You should be aware:

Based on current processing times, the waiting periods could be many years.

Warning:This information is accurate on the 25 September 2014. 

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

Sources:Migration Institute of Australia

Do You Need Help in Relation to Australian Visas?

If you require further information regarding Australian visa options you contact our offices on:

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General Skilled Migration 190/489 - South Australian State nomination made easier for UK Canada NZ US and Rep of Ireland

Immigration SA has made it easier for citizens and current passport holders of exempt countries to apply for South Australian state nomination.

Exempt Countries include:

United Kingdom
Canada
New Zealand
United States of America
Republic of Ireland

If you are a citizen or passport holder of one of the listed exempt countries, you no longer need to provide an English test result (IELTS or OET) to Immigration SA regardless of Immigration SA’s English requirement for your occupation.

If you are an International Graduate of South Australia and a citizen or passport holder of one of the listed exempt countries, you can also access the Immigration SA work experience waiver for ‘available’ occupations. See point eight under eligibility requirements for information on how to qualify for a work experience waiver.

Please note you may still require an IELTS or OET to gain additional points on the Department of Immigration and Border Protection (DIBP) points test. Additionally Skills Assessing Authorities and Registration / Licensing bodies in South Australia have their own English / work experience requirements so people from exempt countries need to ensure they can meet those requirements prior to applying for state nomination.

Source and date of accuracy:

Immigration SA:

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

 This information is accurate on the 16 September  2014.  Immigration SA 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?

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 optionsyou can contact us through:

 (08) 7225 5091 or +61 8 7225 5091  

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The Government has release a review report on the 457 program titled,Robust New Foundations: A Streamlined, Transparent and Responsive System for the 457 Programme.

The Report contains 22 recommendations, which include the following:

• $Labour Market testing requirements be abolished;

• A more flexible and adaptive approach to adding occupations to the 457 list (CSOL list), due to limitations of the current ANZSCO occupations.

• The exemption from the need to demonstrate the market rate should be aligned with the income level above which the top marginal tax rate is paid (currently at $180 000)

• No rises in the TSMIT  of $53,900 in the next two years

• Training Benchmarks - current training benchmarks be replaced by an annual training fund contribution based on each 457 visa holder sponsored, with the contributions scaled according to size of business.

• That 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).

• Genuine position requirement - That before decision-makers refuse a nomination on the basis of the genuine position requirement, the sponsor be invited to provide further information to the decision-maker.

• Sponsorship - That Standard Business Sponsors should be approved for five years and start-up business sponsors for 18 months.

• That greater priority be given to monitoring 457 business sponsors and visa holders.

• Inter-agency cooperation - That there be greater collaboration between the department and the Australian Taxation Office to uphold integrity within the 457 programme and minimise the burden on employers.

• Fair Work Ombudsman- That the Fair Work Ombudsman’s current complementary role in monitoring compliance and referral of findings to the department for action should continue.

• Sanctions - That dedicated resourcing be made available to the department to enable the investigation and prosecution of civil penalty applications and court orders.

Comments by Chris Johnston, Lawyer and Registered Migration Agent, Principal of Work Visa Lawyers:

It is important to note, that this is a Report with recommendations, and that the recommendations have not been implemented.  We will post further news soon after any of the recommendations are implemented and become 457 requirements.

Sources:

Migration Institute of Australia

Australian Government Report:

http://www.immi.gov.au/pub-res/Documents/reviews/streamlined-responsive-457-programme.pdf

News release by Senator the Hon. Michaelia Cash:

www.minister.immi.gov.au/media/mc/2014/mc217716.htm

Warning -This information is accurate on the 13 September 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

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New employer sponsored  visa Agreements for Regional Areas in Australia - News and Commentary

Designated Area Migration Agreements (DAMA)  guidelines finalised:

The Assistant Minister of Immigration and Border Protection, Senator Michaelia Cash, has announced the finalisation of guidelines for Designated Area Migration Agreements (DAMAs).

A DAMA will:

·  allow employers in the designated area who are unable to recruit Australian workers to employ overseas workers

·  have a salary concession of up to 10% for the TSMIT (the minimum wage could be $48,510)

·  not undercut Australian workers wages

·  require employers to meet Subclass 457 sponsorship obligations, including meeting training benchmarks

·  allow for skill and English language concessions

·  allow for some semi-skilled occupations

A pilot agreement has been finalised with the Northern Territory Government.

Media responses on the DAMAs:

Here is a media report on some speculation as to the effect of the DAMAs:

http://www.news.com.au/national/cheaper-foreign-workers-under-new-federal-government-plan/story-fncynjr2-1227040800090

Commentary by Chris Johnston:

The DAMA appears to fall within the area of Labour Agreements. 

Labour Agreements have in the past taken considerable time and patience on behalf of the relevant employer to be approved.   Base on previous records, the DAMAs are unlikely to lead to a flood of cheap foreign workers.

Sources:

Migration Institute of Australia

News release by Senator the Hon. Michaelia Cash:

http://www.minister.immi.gov.au/media/mc/2014/mc217447.htm

News Media: http://www.news.com.au/national/cheaper-foreign-workers-under-new-federal-government-plan/story-fncynjr2-1227040800090

Warning -This information is accurate on the 31 Aug 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 an Australian Visa?

If you require further information regarding an employer sponsored visa application , 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.

Australian Government warning about increased processing times for Onshore Partner Visas

The Department of Immigration and Border protection has recently put this onscreen waring on its website in relation to Partner visa (subclasses 820 and 801):
“Average processing time for this visa is 12 to 15 months.​”

Why the increase in processing times?

The DIBP has not announced why processing times are going up for Partner visas.

As a registered migration agent I have notice an increase in inquiries about partner applications in the last six months.   So it could be that there are simply more applications, and so this could lead to greater processing times.

Sources:  DIBP website:

http://www.immi.gov.au/Visas/Pages/801-820.aspx

Warning -This information is accurate on the 23 August  2014.  

DIBP and can change requirements in an ongoing manner and all current requirements must be established prior to lodging a skills assessment or visa application. 

Do you Need Help with a Partner Application or Appeal?

If you require further information or assistance in relation to a Partner visa, adding a partner to a or an appeal of an partner visa refusal to the MRT, we can help you.

Contact us on (08) 7225 5091 or +61 8 7225 5091

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Changes to SA nomination list, IELTS, Chain migration, SA Graduate requirements  and more from July 2014

The major changes to the SA nomination process are detailed below:

Additions to the South Australian State Occupation List

The new occupation lists for the 2014/15 program year are available on our website.  Below are some of the occupations that have been added to the State Occupation List:

• Advertising Manager
• Public Relations Manager
• Regional Education Manager
• Vocational Education Teacher (trades)
• Vocational Education Teacher (non-trades)
• Special needs teacher
• Art Administrator or Manager
• Nurse Practitioner
• Finance Broker
• Financial Investment Manager
• Valuer

New Criteria Recognising an applicant’s commitment to South Australia:

• Applicants who have worked in South Australia for the last 12 months in a skilled occupation* have access to a more extensive occupation list.  
• Applicants with a Bachelor degree or higher can apply for occupations on the South Australian Graduate List. 
• Applicants with a Vocational Education and Training (VET) qualification or higher can apply for occupations listed as “special conditions apply’ on the State Occupation List. 
• Applicants must meet all other DIBP and Immigration South Australia criteria to qualify. 

*The skilled occupation must be ANZSCO level 1 to 4 and listed on the State Nominated Occupation Lists.

IELTS scores are brought into line with Department of Immigration and Border Protections requirements:

IELTS requirements (for most occupations) have been reduced to six in each band score to align with DIBP requirements. All score requirements are published on the State Occupation List.

Health Professionals and Education Professionals in South Australia require a minimum IELTS score of 7.0 in each band, or alternatively, for health professionals, OET B in each component.

For those who already have registration to practice in South Australia, you can apply with a minimum IELTS score of 6.0 in each band score. You must provide a copy of your registration certificate with your application.

Criteria for International Graduated of South Australia to access a Work Experience Waiver:

To access a work experience waiver, international graduates of South Australia need to meet following requirements: 

• Work a minimum of 20 hours per week in a skilled occupation* in South Australia
• OR 
• Have an IELTS score of 7.5 overall or 7.0 in each band score
• Have an occupation listed as ‘available’ on the state occupation list
• Reside in South Australia.

PhD or Masters by Research graduates from South Australia can access a work experience waiver for occupations on either list – see the eligibility requirements for further details. 

*If an occupation requires additional work experience (e.g. two or three years or as stated on the South Australia Occupation Lists), international graduates of South Australia are still eligible to apply for state nomination if they are currently working 20 hours per week in South Australia in their nominated occupation or a closely related occupation.

Introductions of Chain Migration to benefit International Graduates from Australian Universities with immediate relatives settled in South Austrlia:

For more details on Chain Migration, go to:

http://www.workvisalawyers.com.au/news/entry/are-you-an-international-student-graduate-in-australia-do-you-have-an-australian-citizen-or-pr-relative-in-sa-you-may-be-eligible-for-chain-migration-nominated-visa.html

Source:

Immigration SA:

http://www.mia.org.au/documents/item/380

 This information is accurate on the 02 July 2014.  Immigration SA 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?

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 optionsyou 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.

Chain Migration a new pathway to an Australian skilled Visa

In July 2014 Immigration SA have announce a new state nominated option which is called ‘Chain Migration’.

Chain migration is a new pathway to gain South Australian sponsorship for a skilled visa.

Chain migration allows international graduated with Australian qualifications to apply for state nominated visas (489 or 190) if they have a relevant relative that is an Australian Citizen or PR that is settled in South Australia.

Here are the details from Immigration SA:

                “The benefits of the chain migration pathway:

·         Ability to apply for a permanent (190) or provisional (489) visa

·         Access to a more extensive occupation list compared to the Department of Immigration and Border Protection's (DIBP) Skilled Occupation List (SOL)

·         Instant visa invitation from DIBP once approved for state nomination 

·         Priority visa processing with DIBP”

“Requirements

To qualify for the chain migration pathway, applicants must:

·  Have completed a Bachelor degree or higher

·  Meet all DIBP criteria and Immigration South Australia criteria

·  Have 60 points on the DIBP points test.

To qualify for the chain migration pathway, the family member in South Australia must: 

·  Be the applicant’s grandfather, grandmother, father, mother, brother or sister. Applicants can still apply if it’s a step or adoptive parent/sibling. 

·  Be an Australian Permanent Resident or an Australian Citizen

·  Have resided in South Australia for the past twelve months. “

Here are the requirements of Chain Migration as detailed on Immigration SA Website:

“Chain Migration is a state nomination pathway for applicants who have an immediate family member permanently residing in South Australia.

12.1 Chain Migration applicants can apply for occupations listed as ‘Special conditions apply’ on the State Occupation List.

12.2 Chain migration applicants can apply for occupations that are listed on the South Australian Graduate List.

12.3 Chain Migration applicants who are international graduates of Australia (who meet the work experience requirement listed under point 7) can apply for a provisional (489) visa or permanent (190) visa for any occupation listed as ‘available’ on the State Occupation list.

12.4 The applicant needs to meet all DIBP and Immigration SA criteria.

12.5 The applicant must have completed a Bachelor degree or higher in the field of their nominated occupation.

12.6 The applicant’s immediate family member in South Australia must meet all criteria listed under 12.6 below.

12.6.1 The family member residing in South Australia must be the applicant’s grandfather, grandmother, father, mother, brother or sister. Applicants can still apply if it’s a step or adoptive parent / sibling.

12.6.2 The family member must be over 18 years of age.

12.6.3 The family member in South Australia must be either an Australian Permanent Resident or an Australian Citizen.

12.6.4 The family member must be currently residing in South Australia and have resided in South Australia for the last twelve months.

12.7 The Applicant’s family member in South Australia is required to complete a Statutory Declaration to confirm that they meet the all chain migration criteria.”

Commentary by Chris Johnston:

The Chain Migration pathway is a great new opportunity for many to apply for an Australian visa.

It should make for some interesting situations.

People with relatives already in SA will clearly be the first to use chain migration.

The Chain Migration pathway will also give more incentive for people outside of Australia, with family that have already migrated to South Australia, to choose to study in South Australia.

But the incentive of Chain migration could have wider results. If you have the points but cannot get state nomination anywhere in Australia then you may want to consider asking your Australian Citizen or PR family members to move to South Australia.  Once these Australian Citizen or PR family members have lived in South Australia for 12 months or more then you may be eligible for a Chain Migration sponsorship.

Source and date of accuracy:

Immigration SA:

http://www.mia.org.au/documents/item/380

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

 This information is accurate on the 26 July 2014.  Immigration SA 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?

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 optionsyou 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.

All Australian Migration Skills assessments over three years old will expire on 1 July 2014

Amendments to the Migration Regulations will come into effect on the 1 July 2014, that put an expiry date on skills assessments.

Skills assessments issued by assessing authorities for the purpose of visa applications will only be valid for three years, or if the skills assessing authority has specified a shorter validity period, for that shorter period. The default three year validity period is to align with the existing three year validity period for English Language tests.

This means that Skills Assessments that are over 3 years from the date of issue, will effectively expire on 1 July 2014.

What should I do with my skills assessment?

So if you have a skills assessment, older than 3 years, then the best thing to do is to lodge an application you are eligible for by 30 June 2014. 

This could be a problem for many, if state nomination lists are closed or occupations are not currently available for sponsorship.

Source:

Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014

Select Legislative Instrument No. 82, 2014

http://www.comlaw.gov.au/Details/F2014L00726/Download

This information is accurate on the 17 June 2014.  DIBP 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.  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.

Chefs, bricklayers and tilers to be able to apply for Australian independent visas and also family sponsored 489

It has been reported in the Australian on the 7 June 2014, that the occupations of Chef, bricklayer and tilers will be made available for independent migration without an employer.

This change means that the above occupations will be listed on the SOL from the 1 July 2014, and be able to apply for the Skilled Independent visa (subclass 189).  This means that the applicant will no longer need an employer sponsor, such as for a ENS or RSMS, or a state sponsor, such as for the 190 and 489.

This does sound like great news, but there are some details to consider:

- The chef, bricklayer or tiler will need a positive skills assessment from the relevant skills assessing authority.  Obtaining a skills assessment can be time consuming and expensive.

- The occupation of Chef, is not the occupation of cook.  To gain a skills assessment as a Chef, the applicant must have skills and experience over and above that of a cook.

- To be able to apply for a 189, the applicant must be able to meet all the pre-requisites and to achieve at least 60 points in the points test.

Addition to SOL opens way to Family Sponsored 498 as well!

Another big positive in relation to the addition of the occupations of Chef, bricklayer and tilers to the SOL, is that It opens the occupations up to the Family Sponsored 489.  Family sponsorships for the 489 is only available to occupations on SOL – skilled occupation list..

Changes to the SOL from 1 July 2014 – some occupations may be removed

It is positive news when occupations are added to the SOL.  However, there will most likely also be occupations removed from the 1 July 2014.  This may impact negatively on people in the  occupations removed from the SOL.

Occupations to be removed from the SOL have not yet been announced.

Warning: This information is accurate on the 10 June 2014. 

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

Sources:

http://www.businessinsider.com.au/foreign-chefs-bricklayers-and-tilers-can-now-gain-permanent-visas-without-employer-sponsorship-2014-6

http://www.theaustralian.com.au/national-affairs/policy/coalition-opens-way-for-foreign-chefs-brickies/story-fn59noo3-1226946439974

Do You Need Help in Relation to Australian Visas?

If you require further information regarding Australian visa options you contact our offices 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.

End of Australian Migration Program year on 30 June 2014 may effect visa criteria and eligibility

The migration program year runs with the financial year, from 1 July 2013 to the 30 June 2014.

When the new Australian migration program year starts from the 1 July 2014, the some of following things may happen:

- Visa charges for visa applications can be raised by DIBP.

-The TSMIT which applies to 457 visa holders may be raised from the current level of $53,900.00

- Changes to visa criteria can be implemented.  This could be beneficial making creating opportunities for some, but call also make some people ineligible for visas they previously could apply for.

Opportunities from the new Program year starting 1 July 2014

The state and territory sponsored lists for subclasses 190 and 489 for various states often have occupations that reach their allocation limits prior to the end of the migration program year. 

With the start of a new migration program year, their may be greater nomination possibilities for occupations that are currently quite restricted such as: Enrolled Nurses and ICT professionals.

At the Federal level, New occupational ceilings will be release for 189, 190 and 489 visas by DIBP for occupations including:

• Chemical and Materials Engineers
• Electronics Engineers
• Other Engineering Professionals
• ICT Business and Systems Analysts
• Software and Applications Programmers
• Telecommunications Engineering Professionals.

So what should I do?

If you currently qualify for an Australian visa, you may want to consider applying for the visa prior to the 1 July 2014.  This way you may avoid fee rises and also may get in before any changes which could may you ineligible or add extra expense.

More news:

For more news on the migration program for 1 July 2014 to 30 June 2015 see:

http://www.workvisalawyers.com.au/news/entry/australia-has-a-continued-commitment-to-skilled-migration-while-some-family-migration-visas-are-axed.html

Warning: This information is accurate on the 07 June 2014. 

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

Sources:

http://www.immi.gov.au/Work/Pages/SkillSelect/SkillSelect.aspx

Do You Need Help in Relation to Australian Visas?

If you require further information regarding Australian visa options you contact our offices 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.