Enrolled Nurse and GSM visa applications

Enrolled Nurse has been on skilled occupation for long time. However, ANMAC had not started any skill assessment until recently. Since 1^st of July 2013, ANMAC started processing Skill Assessments for Enrolled Nurses. From that time forward, the major pathway of points based General Skilled Migration to permanent residency and provisional residency has been opened for Enrolled Nurses.   Enrolled Nurses also continue to have the options of Employer Sponsored Migration including ENS or RSMS.

State Nomination is available

If you are registered as an Enrolled Nurse either in Australia or New Zealand, there is an option for General Skilled Migration – subclass 190 or 489. Currently three State Governments are sponsoring Enrolled Nurse.

• ACT – Only 190 is available
• NT – both 190 and 489 are available

• SA – both 190 and 489 are available

South Australia

According to Immigration SA, current availability for the occupation of Enrolled Nurse is “medium” whereas, Registered Nurse remains as “High Availability”.  If South Australia continues to receive high numbers of GSM applications for Enrolled Nurses, then the occupations status my shift to ‘low’ availability, then ‘special conditions’ and finally may be removed from the list.  From the 1 July 2014, a new occupational ceiling will be released by DIBP, and then Immigration SA may reset the availability to ‘High”.

Each year Department of Immigration and Border Protection (DIBP) sets “occupational ceiling”, which means once one occupation reached to that number, no more invitation will be approved. Current occupational ceiling for Enrolled Nurses and Registered Nurses are 1,260 and 11,940 respectively.

SA Criteria for SA Nomination

You are required to have followings:

• Aged under 50 and
• Registered with AHPRA and
• have a positive skill assessment from ANMAC and
• IELTS 7.0 in each band or OET B in each components
• At least one year experience after Qualification – this must be experience as an Enrolled Nurse. Experience as a carer is not counted. If the applicant only has one year experience, at least 50% of the experience should have been obtained from SA or the applicant has met the minimum work experience requirement and is currently working in a skilled occupation in South Australia (and has been employed in that position in South Australia for a minimum of three months)

SA Special Exemptions

If you have studied at least 46 weeks and completed a qualification in South Australia, even if you don’t meet all of the criteria, you may be still eligible for SA Nomination if

• Work experience exemption

o   If you achieved an IELTS score of 7.0 in each band or 7.5 overall and continue to reside in South Australia – work experience is exempted

o   Currently working in a skilled occupation (minimum 30 hours per week) in South Australia. The skilled occupation must be ANZSCO level 1 to 4 and listed on the State Nominated Occupation List (SNOL) or the Immigration SA current Offlist.

•      English Exemption

o   If you are already registered and working in South Australia as an Enrolled Nurse, you may be still eligible for State Nomination with IELTS 6.0 if you meet all other criteria

ANMAC – Skill Assessment

ANMAC is the skill assessment authority for Nurses. They are currently assessing skills for Enrolled Nurses who are registered either in Australia or New Zealand. If you are an Enrolled Nurse registered elsewhere and would like to get a positive skill assessment for Migration Purpose, please contact AHPRA to get registration in Australia first.

Current Skill Assessment processing time for Enrolled Nurses is at least 16 weeks.  Since September 2013, ANMAC also decided to return all application which is incomplete rather than process and let candidates know what documents are required further. Therefore, if you do not wish to waste time, it would be wise to be extra careful when you are preparing skill assessment documents.

More Nursing Positions

IHW spokesperson, Dr Adrian Webster said the report, Nursing and midwifery workforce 2012, showed there were about 334,000 nurses and midwives registered in Australia in 2012, or 6.8 per cent more than the 313,000 registered in 2008. Dr Webster said of those employed in nursing and midwifery, more than 238,000 were registered nurses (including midwives) and about 52,000 were enrolled nurses. (http://www.ncah.com.au/news-events/more-nurses-and-midwives-working/1967/)

Warning -This information is accurate on the 07 DEC 2013.  

DIBP and the ASC 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 in Relation to a Skills Assessment as a Enrolled Nurse or Registered Nurse?

At Work Visa Lawyers we are experienced in assisting with skills assessment to enable applications for skillselect subclass 189, 190 and 489 visas and Employer Nomination Scheme applications.

We can help you with a skills assessment as an Enrolled Nurse or Registered Nurse.

For further information regarding skills assessments or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091.

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

The ACS has announced changes to skills assessments that will effect Australian ICT graduates!

The skills assessment criteria up until the 14 Jan 2014 does not require any experience for Australian Graduates with a Bachelor or higher and an ICT Major.  From the 15 January 2014 to get a full skills assessment for migration purposes Australian Graduates with an ICT Major will need to do a ACS professional year or have one year of work experience.

Here is a summary of the changes, released by the ACS on 28 October 2013:

“The following changes will come into effect on Jan 15, 2014:

· The ACS Temporary Graduate – 485 skills assessment will clearly state that it is specifically for the purpose of applying for a subclass 485 visa application. Applicants with an Australian study component that are applying for a subclass 485 visa will be assessed on the Australian qualification only, based on the completion of the relevant Australian Bachelor degree or higher.

· Applicants with an Australian study component that wish to apply for permanent residency will require either 1 year of relevant work experience or completion of an ACS Professional Year Program to receive a suitable skills assessment which can be used for general migration purposes.

· The ACS Post Australian Study skills assessment is intended to support graduates in applying for permanent residency under the General Skilled Migration or Employer Nomination Scheme after completing an Australian study component.

· The Australian study component is taken into consideration because of the value of studying in Australia and the exposure to Australian culture and language, which in turn places applicants in a better position to be employed in their nominated occupation.

· The work experience or professional year program is assessed for suitability of the full skills assessment and the applicant is considered skilled from the completion date of the relevant Australian degree. The Post Australian Study skills assessment can be used for migration purposes in general.”

What are the Requirements for the ACS professional year?

The professional year must meet the following criteria:

“The PYear Program delivers:

• 44 -52 weeks practical training, face to face study and workshops 
• 12 week hands-on internship with a host company 
• access to networking opportunities and professional development as a graduate member of the Australian ICT industry's professional body 
• on successful completion of a Professional Year program specified by the Minister, a participant may be awarded 5 points under the Skilled Occupation List (SOL)”

Source: https://www.acs.org.au/migration-skills-assessment/professional-year-program

Who is currently providing the ACS professional year?

Education providers that are currently offering products in relation to the ACS professional year include: 

• Navitas - http://www.navitas-careers-and-internships.com/programs/professional-year-program/information-and-communications-technology/
• Swinburne University of Technolgy - http://www.swinburne.edu.au/college/professional-year-programs/

Performance Education - http://www.performanceeducation.com.au/professional-year/professional-year-streams.html

• Professional Pathways Australia - https://ppa.edu.au/professional-year/professional-year-for-it/

Holmesglen - http://www.holmesglen.edu.au/programs/language_centre/professional_employment_programs/professional_year_program_for_computer_sciences

How Much will the professional year cost?

From the courses I have surveyed above, the fees for the ACS approved professional year appear to be in the range fo $11,000 to $13,000 for the course.

Sources:

ACS press release: http://www.acs.org.au/news-and-media/news-and-media-releases/2013/acs-announces-graduate-skills-assessment-application-process-changes

http://www.acs.org.au/migration-skills-assessment

Warning -This information is accurate on the 02 DEC 2013.  

DIBP and the ASC 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 an ACS Skills Assessment or Visa Application?

If you require further information or assistance with a skills assessment or visa application , 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.

On the 23 November 2013 the new 457 Labour Market Testing Requirements (LMT)  commenced.  The LMT requirements apply to the nomination stage of the 457 process.

The requirement under Legislative Instrument is that the period in which the advertising of the nominated position must have been, is within 12 months.

Exemptions to LMT:

There are exemptions to LMT based on:

·         occupation level

·         International Obligations.

Exemptions Based on Occupation Level:

There are exemptions for occupation that areANZSCO as Skill Level 1 or 2.

Skill Level 1 are occuptions that require an Australian Degree Level qualification or at least five years of relevant experience may substitute for the formal qualification.

Skill Level 1 occupations include:

General Managers; Farmers and Farm Mangers; Accountants; Medical practitioners; Analyst Programmer; Developer Programmer; 

Skill Level 2 are occupations that require an AQF Associate Degree, Advanced Diploma or Diploma qualification or at least three years of relevant experience including:

Customer Service Manager; Café and Restaurant Mangaer.

Major Occupations not exempted from LMT – Engineering and Nursing

While most occupations requiring the level of education stated above are exempted from LMT, if the qualification or experiences are in the field of following groups, LMT must be done prior to lodging Nomination application.

·         Engineering (including shipping engineering)

·         Nursing

Exemptions Based on International Obligations:

There are also exemptions based on Australia’s International Trade Obligations.

These are available where your business currently operates in a World Trade Organisation member country and is seeking to establish a business in Australia, where the nominated occupation is listed below as an “Executive or Senior Manager.

The definition of ‘Executive or Senior Manager’ is given a very wide interpretation, according to the DIBP website includes:

Registered Nurse, Driller, Welder, Automotive Electrician, Motor Mechanic (General), Diesel Motor Mechanic, Motorcycle Mechanic           

See the list on the DIBP website:

http://www.immi.gov.au/Visas/Pages/457.aspx?tab=4%20in%20the%20%E2%80%9CWho%20can%20nominate?%E2%80%9D%20section.

LMT will be necessary for Trade Level Occupations and below, if no exemptions apply:

At a practical level, this means that LMT will be necessary for trade level occupations which are ANZSCO Skill level 3  and for any occupations with ANZSCO skill levels below level 3.  For example Machinery Operators and Drivers which are Skill level 4 includes the occupation of Driller, which is on the ANZSCO.

This means that unless exemptions are available through International Obligations, LMT will be necessary for a number of occupations including: Electrician (general); Plumbers; Bakers; Painters; Drillers.

What level of LMT will the DIBP accept?

Details on the LMT expected can be found on a DIBP Q and A, which included the following:

“Q. What information do I need to provide as evidence of having conducted labour market testing?

A. You must provide information about all advertising or other recruitment efforts undertaken in relation to the nominated occupation in the preceding twelve month period. You must provide information about where those advertisements/recruitment activities took place, the dates they occurred and the geographic target audience of the advertising/recruitment efforts. You must provide information about the outcome of those activities including the number of applications received, the number of applicants hired and the general reasons why the other candidates were unsuccessful.

You can use the Domestic Recruitment Summary Table to summarise this information for the purpose of providing evidence of labour market testing with your nomination. It can be downloaded from the department’s website at http://www.immi.gov.au/Visas/Pages/457.aspx?tab=4

Q. Is advertising in social media channels such as Facebook an acceptable form of labour market testing?

A. Use of social media to advertise a vacant position(s) is acceptable. As with all other forms of advertising or recruitment efforts, you will need to provide information about the process you undertook and the results the advertising produced.

Q. Do I have conduct paid advertising to meet the labour market testing evidence requirement?

A. No. Paid advertising will not be considered more favourably than free advertising for the purpose of evidencing labour market testing.

Q. Do I have to provide details of the recruitment process such as records of interview or copies of job applications received?

A. No.

Q. Is advertising on my company’s own website an acceptable form of labour market testing?

A. Yes.

Q. My company uses an external recruitment agency. Is this an acceptable form of labour market testing?

A. Yes, however you are still required to provide information about the recruitment efforts undertaken on your behalf and the outcome of those activities.

The Department of Immigration and Border Protection has provided a Domestic Recruitment summary Template, to assist employers with the process of supplying information about the advertising process.

Redundancies and LMT
If an Australian citizen or permanent resident has been retrenched or made redundant in your business, or an associated entity of your business, within the four months prior to lodging your nomination, you must also provide information about those redundancies or retrenchments.”

What the Government has said about the LMT for 457 visas

In a press release on the 15 November 2013, Senator Michaelia Cash, the Assistant Minister for Immigration and Border Protection, gave her summary of the governments new LMT implementation.

The following is stated:

“The government announced today it will adopt a sensible approach to the implementation of new rules requiring employers to test the local labour market before seeking to employ an overseas worker on a subclass 457 visa. …

Guidelines released by the Department of Immigration and Border Protection for labour market testing recognise a broad range of recruitment activity as being an acceptable demonstration of labour market testing, and the time period in which labour market testing evidence will be valid for will be 12 months.”

Commentary by Chris Johnston, Principal Lawyer and RMA at Work Visa Lawyers:

The Labour Market Testing as announced will add an extra layer of effort for many employers, looking to nominated a position for a 457 visa.

There are a number of exemptions, which need to be examined carefully for each potential nominated position, to determine if LMT is required.  Many conventional professions, are exempted through their AZNSCO skill level. However Engineering and Nursing occupations are not exempted and do required LMT.  The trades will be hardest hit.  But even some trade positions will be exempted, depending on where the applicant is coming from – if a World Trade Organisation company, and being sponsored by a business where there is a parent business overseas.

If LMT is required, then the requirements for advertising are relatively broad, compared to what is required for the Direct Entry RSMS 187 visa, by many Regional Certifying Bodies.

The LMT must be within 12 months of the nomination, and the ranges of types of advertising available, include any of the following, paid online or paper, through a recruitment agent, online free adverts and even adverts through a sponsors own website.

Sources:

Migration Act 1958 - Determination of Specified Period in Which Labour Market Testing Must be Undertaken - IMMI 13/136 - F2013L01953

Migration Act 1958 - Specification of Occupations Exempt from Labour Market Testing - IMMI 13/137- F2013L01952

Migration Act 1958 - Legislative Instrument IMMI 13/138 [F2013L01954]

http://www.minister.immi.gov.au/media/mc/2013/mc209591.htm

Warning -This information is accurate on the 23 Nov 2013.  

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 a 457 visa?

If you require further information regarding a 457 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.

Australia has mad numerous changes in the last two years, which make it more difficult and expensive to get an Australian visa.  One of these has to be to add a Subsequent Temporary Application Charge to persons applying for their second temporary visa while in Australia.  The charge is AUD $700.00 per peron.   This chages often applies to those looking to apply for a tourist visa while in Australia, if they had previously  applied for a temporary visa while in Australia.

Perhaps Australai could learn from its neighbours and try to boost the economy through stragic positive visa changes.

Indonesia will relax tourism visa restriction for economic reasons.

In an article titled ‘Relaxed Travel Restrictions Planned in Tourism Push’, Francezka Nangoy wrote on 6 October 2013:

“Indonesia will loosen up its tourist visa application process, in a move that should help boost the nation’s tourism industry.

“Indonesia has an important agenda in the tourism industry considering how many people are employed [in this industry], Tourism and Creative Economy Minister Mari Elka Pangestu said in a press meeting in Bali on Friday as quoted by the Ministry of Information and Information Technology.”

For the full story:

http://www.thejakartaglobe.com/business/relaxed-travel-restrictions-planned-in-tourism-push/

The comments of opposition leader Steven Marshall are reported by Journalist Liam Mannix.  On 27th September at the Urban Development Institute of SA lunch at the InterContinental in Adelaide Steven Marshall said:

“Certainly I will be sitting down with my Coalition federal counterparts as early as I can to talk and to lobby them about preferential immigration status for us here in South Australia,” 

“Yes, some people could say we’ve got that at the moment … and so does Western Australia, which sort of nullifies any advantage that we’ve got.

“The regional status that we’ve got, the advantage that we had for quite a considerable amount of time where we were making up some ground, or at least diminishing our flows out of the state, was really before WA got its own regional immigration status.

“So that’s not the advantage that it was.”

Source:

Marshall to lobby for more migrants LIAM MANNIX 

http://indaily.com.au/news/2013/09/30/marshall-to-lobby-for-more-migrants/

An interesting article by Myriam Robin about 457s in WA:

http://www.smartcompany.com.au/managing-people/057723-why-small-wa-firms-are-turning-to-457-visas-we-can-t-compete-with-the-big-miners-on-wages.html

Need Help?

If you require further information regarding a 457 application or your 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.  

 The Australian Nursing and Midwifery Accreditation Council (ANMAC) is the body authorised to do skills assessments for Australian migration purposes.

On 17 September 2013 ANMAC has sent the following information regarding the skills assessment process:

“New process of returning applications for migration skills assessments when incorrect documents are submitted”

“New protocol to be implemented

To continue to process applications in a timely manner, ANMAC is introducing a new protocol to manage incomplete and incorrect applications. Applications that are received incomplete or without correct supporting documentation will be returned. This will allow the applicant and their nominated agent to review the requirements for each document before resubmitting the application.

This new process will reduce the unnecessary administrative burden on the ANMAC assessors allowing for faster assessment times while ensuring that responsibility for the submission of correct documents appropriately resides with the applicant and their nominated agent.

We appreciate your support and assistance with the new assessment strategy.”

The release by ANMAC provides the following description in the rise in the number of applications for assessment and the documents that are usually required. “

“ Situation analysis

As you would be aware from the information provided on our website, the ANMAC assessment process can take more than 14 weeks during busy periods. ANMAC has been experiencing unprecedented numbers of skills assessment applications since the introduction of SkillSelect by DIAC in January 2013.

Traditionally ANMAC has assessed approximately 2000 applications per year. Since 1 January 2013 this has increased significantly to an average of over 100 applications per week, putting us on course to assess over 5000 applications this calendar year. The increase in application numbers has created extended assessment times for skills assessments although we are working to mitigate this.

The following steps have already been taken by ANMAC to improve assessment times:

New database to improve information storing and reporting

• Increasing number of assessors and support staff
• Increasing attendance at Migration Institute of Australia continuing professional development sessions to inform agents of ways to minimise barriers to their clients’ assessment process
• Checklist for required documents to ensure only those required documents are provided

The increase in applications has created an additional administrative burden on ANMAC especially where the submission includes incorrect documents and incomplete applications.

Common errors include:

• Incorrect certification of documents including cover sheet and photograph
• Incorrect AHPRA registration certificates
• Missing education details (eg graduation certificates) for bridging/adaptation programs
• Submission of professional references that do not meet ANMAC requirements, despite a template being available on our website
• Submission of unsolicited documents such as pay slips, utility bills, drivers licence, police criminal history checks (not required)
• Submission of continuing professional development documents such as OH&S, mandatory training updates and other short course certificates
• Curriculum Vitae or resume (not required) “

Source: Information released by ANMAC on 17 September 2013

Do You Need Help in Relation to a Skills Assessment as a Enrolled Nurse or Registered Nurse?

At Work Visa Lawyers we are experienced in assisting with skills assessment to enable applications for skillselect subclass 189, 190 and 489 visas and Employer Nomination Scheme applications.

We can help you with a skills assessment as an Enrolled Nurse or Registered Nurse.

For further information regarding skills assessments or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091.

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

This information is accurate on the 20 September 2013. 

On the 16 September 2013 Prime Minster Tony Abbot announced his Ministry.

He has appointed Scott Morrison as the Minister for Immigration and Border Protection.  This title is a change from what had previously been the Minister of Immigration and Citizenship.

The press release from Tony Abbot provides the following:

“Mr Scott Morrison MP will be Minister for Immigration and Border Protection. Senator Michaelia Cash will be Assistant Minister for Immigration and Border Protection. This is a strong team to stop the boats. Recognising its key role in border protection, Customs will be in this portfolio.”

Here is a link to some previous comments made by Scott Morrison when he was the Shadow Minister for Immigration and Citizenship, in relation to skilled migration:

http://www.workvisalawyers.com.au/news/entry/the-coalitions-approach-to-skilled-migration-457-visas-and-english-testing-scott-morrison-in-his-own-words.html

Sources:

http://lpaweb-static.s3.amazonaws.com/TheMinistry.pdf

http://resources.news.com.au/files/2013/09/16/1226720/249667-aus-file-abbott-ministry-statement.pdf

Do You Need Help in Relation to Australian Visas?

If you require further information regarding Australian Visa application charges or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091  

This information is accurate on the 18 September 2013. 

Following his win is the electorate of Cook, Scott Morrison has made statements to his local paper/online media the St George and Sutherland Shire Leader. 

He has said he is ready to serve and in relation to the role, he commented:

“‘‘But that is a matter for the Prime Minister-elect to decide,’’ he said. 

 ‘‘I’ve worked in the portfolio over the past four years.  I’ve done the work and put the commitments there.”

Source:

http://www.theleader.com.au/story/1764131/im-ready-to-serve-says-morrison/?cs=12

For a previous Blog regarding Scott Morrison and skilled migrations views :

http://www.workvisalawyers.com.au/news/entry/the-coalitions-approach-to-skilled-migration-457-visas-and-english-testing-scott-morrison-in-his-own-words.html

Do You Need Help in Relation to Australian Visas?

If you require further information regarding Australian Visa application charges or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091  

This information is accurate on the 14 September 2013. 

The following occupations have been shifted to ‘currently not available’ on the SA State Nominated Occupation List (SNOL). 

- Chemical Engineer,

- ICT Business Analyst

- Software Engineer

This will effect those who were planning to apply for sa state sponsored subclass 190 or 489 visas for the above occupations.

Here is what the status of ‘Currently not available’ means:

“Currently Not Available for State Nomination

Occupations with this status are not currently available for South Australian state nomination, due to the occupation group being close to reaching the Department of Immigration and Citizenship (DIAC) national ceiling. DIAC have a limited number of places available for State and Territory nomination for the rest of the 2013/14 program year. Independent General Skilled Migration or other States/Territories may still have places currently available for the occupation group.

In December 2013, DIAC will notify South Australia if there are any additional places available for this occupational group for state nomination and will allocate South Australia with a new quota.

Please monitor this website in December 2013 for any updated information.

Please view the DIAC website for announcements about occupation groups close to reaching the DIAC ceiling and how it affects prospective applicants for State Nominated or Independent General Skilled Migration http://www.immi.gov.au/skills/skillselect/.”

Sources: Immigration SA

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

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

Do You Need Help in Relation to Australian Visas?

If you require further information regarding Australian Visa application charges or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091  

This information is accurate on the 13 September 2013.