The newly elected Premier of Western Australia (WA) has moved to remove WA from the subclass 187 Regional Sponsored Migration Scheme (RSMS) visa programme. On Friday the 17 of March 2017, Mark McGowan MP submitted a letter to the Australian Prime Minister with the following:

"I would like to request that Perth be removed from the Regional Sponsored Migration Scheme (RSMS)."

State Sponsorship and RSMS for Western Australia no longer available!

The state of Western Australia (WA) recently concluded its state elections with Labor winning the election and bringing a change to state government. The new premier-elect Mark McGowan now leads the largest state of Australia and has listed the changes he wishes to implement for the state of WA.

In various news articles there has been mention of the following:

“McGowan has also promised to tear up WA’s skilled migration list that allows employers to bring in workers on 457 temporary visas. It’s a key part of Labor’s union-backed push to create more local jobs in a state with the nation’s highest unemployment rate.”

- The Australian, 13 March 2017 –

Welcome to 2017! It was a year full of changes for Australia’s migration policies in 2016. Here is our recap of the significant changes to the migration programme for Australia in 2016 and some of the discussions and ongoing developments for 2017.

The Immigration News in 2016 has been dominated by employer scandals and crackdowns by the Department of Immigration and Border Protection (DIBP).

While it may all sound like doom and gloom, the planning levels for permanent visas continue to be significant. 

The numbers of Australian permanent visas that are granted each year are controlled by planning levels. 

I am going to make comments below about news in relation to a wide range of visas including business, skilled, visitor and family visas.

2018 UPDATES:

Skills Assessments & Occupation Lists for Australian TSS 482 And Employer-Sponsored Permanent Resident VisasSkills Assessments & Occupation Lists for Australian TSS 482 And Employer-Sponsored Permanent Resident Visas

Tougher vetting imposed by Home Affairs Minister Peter Dutton has led migration to plummet to its lowest since 2007. As reported by the Department of Home Affairs, actual intake fell from 183,608 in 2016-2017 to a staggering 162,417 for the 2017-2018 financial year. Read More. 

How long does a 457, ENS or RSMS visa take to process?

It has been noted that the processing times for the Temporary Work (Skilled) (subclass 457) visa, Employer Nomination Scheme (ENS) (subclass 186) visa, and the Regional Sponsored Migration Scheme (RSMS) (subclass 187) visa have been getting longer in recent times. While the current Department of Immigration and Border Protection (DIBP) service standards list 2 to 3 months processing time for 75% of applications received, the actual processing times for most cases are around 5 months (based on recently submitted applications and comments by business sponsors and visa applicants in forums).

Why is the processing getting slower?

While there is no official explanation for the delay, the slower processing times might be due to increased screening of applications submitted by sponsors and visa applicants. Since the Independent Review report of the integrity in the Subclass 457 Programme released in September 2014, the Department has been stepping up integrity checks and controls for the majority of applications, especially those with the following characteristics:

• high risk occupations such as Café and Restaurant Managers, Customer Service Managers, Project or Programme Administrators, Retail Manager, etc.
• the applicant is related to the business owner as a family member or relative
• an unusually high salary for a low position to claim English Language Exemption
• the business has a low profit or is making a loss, and yet seeks to employ more people

The Department is definitely concerned with the findings of the Independent Review about the integrity of employer sponsors and employee visa applicants for the employer-sponsored visas. In addition to the slower and more meticulous screening of applications submitted, the Department has also introduced related policy such as the “Payment for Visas Conduct”, which prohibits overseas worker to pay businesses in return for sponsorship, or businesses deducting salaries from the sponsored worker to recover sponsorship costs. You can read more about this in our previous article.

Concerns with Genuine Position for Nominated Occupation in 457, ENS and RSMS visa applications

Applications with the above scenarios are likely to be asked for further information by the Department to ensure that the vacant position is genuine and the applicant meets the requirements for the position with the business. Applications that are asked to provide more documents or information will be assessed more thoroughly by the Department and hence there will be a delay to the processing times with the back and forth of submitting information and douments.

The rise in requests to provide further information are also causing assessment officers to spend more time per application, hence affecting applications that are straightforward genuine and complete when submitted.

What does this mean for the business sponsor and visa applicant?

With the expected delays the business sponsor and visa applicant need to consider the extended processing times to avoid any ill effects to the business operations (urgent need for the sponsored worker) or the visa applicant (leaving current employment too early). Additionally the business sponsor and visa applicant need to cross check before submitting the application to ensure all requirements are met for sponsorship, nomination and visa application. A strong application should be prepared with good supporting documents before submitting to the Department for processing.

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

While the 457 visa programme has been in the limelight for the wrong reasons and being tightened in recent times, the employer sponsored programme is still an integral part to many businesses in Australia. Australian employers have a genuine need to employ skilled overseas workers to meet business needs to maintain or grow the Australian economy.

With the increased international mobility among skilled workers globally, it is important that the 457 visa programme remains responsive to Australian businesses’ needs and enable efficient operations.

The Department’s commitment to checking and ensuring that the 457 visa applications received are genuine makes sense to avoid abuse of the programme. However the downside of slower processing times may hurt Australian businesses that already show that they genuinely need an employee who has been identified with the right skills and experience to help meet business operational needs. The Department will need to strike a delicate balance between enforcement and delivering a visa application outcome in time for the Australian businesses.

If you have any questions about the 457 visa sponsorship, nomination and visa application, please contact Work Visa Lawyers to ensure your applications are prepared well before applying.

This information is accurate on 18 May 2016

Source:

1. http://www.theaustralian.com.au/business/opinion/john-durie/small-business-angry-over-section-457-visa-delays/news-story/f53d0b941627c2403cc3abb8d014ce35
2. https://www.border.gov.au/Trav/Work/Work/Subclass-457-Integrity-Review
3. https://www.border.gov.au/about/access-accountability/service-standards/temporary-work-visa-processing-times
4. https://www.border.gov.au/Trav/Work/Work-1

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.

In our earlier blog looking at the year 2015 in review, it was mentioned that the Department of Immigration and Border Protection (DIBP) has introduced measures to penalise activities and arrangement in relation to “Payment for Visas”. On 4 December 2015, the Australian Federal Parliament passed the bill for the Migration Amendment (Charging for a Migration Outcome) Act 2015. New criminal, civil and administrative sanctions, and visa cancellation provisions were introduced on 14 December 2015.

The range of actions that can be taken by the DIBP extends to visa applicants, business sponsors and related third parties (such as migration agents) who participate in a payment-for-visa scheme. The severe penalties include:

• Criminal penalties punishable by a maximum of 2 years imprisonment or a fine equivalent to $64,000 for an individual person or $324,000 for a body corporate
• Civil penalties applicable to the sponsor, visa applicant or other third party who received or provides or offers a benefit related to a sponsorship related offence will equate to $43,200 for an individual person or $216,000 for a body corporate
• Provisions for the DIBP to consider cancellation of visas granted to applicants who engage in payments-for-visas conduct

The “payment” in reference includes benefits other than monetary payments. This new legislation will affect the 457 work visa, the Employer Nominated Scheme (ENS) 186 visa and the Regional Sponsored Migration Scheme (RSMS) visa.

Will it affect my 457 visa?

Yes it could if you paid your sponsor! If you paid for sponsorship your visa could be cancelled! The new Bill introduces a discretionary power to consider cancellation of a temporary or permanent visa where the visa holder has engaged in a "payment for visa" conduct.

You can obtain more information about the newly announced measures at the DIBP webpage here.

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

The measures introduced are part of the recommendations that were tabled in the 457 visa programme integrity review released by the DIBP. The penalties and powers granted to the DIBP demonstrate a strong intention to protect the integrity of the temporary work visa programme.

Even without the fear of punishment and penalties, individuals and businesses should be vigilant and avoid visa scams as they become a source of exploitation of the system and genuine overseas workers. The power to cancel a visa that was granted based on a payment-for-visa scam is a concern for those who have already paid for sponsorship before the Bill came into power.

This information is accurate on 18 December 2015

Source:

1. http://www.border.gov.au/Trav/Work/Work-1

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

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

(08) 8351 9956 or +61 8 8351 9956

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

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

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

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

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

Age Exemption now available for eligible medical practitioners in regional Australia

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

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

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

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

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

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

Source:

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

This information is accurate on 1 July 2015

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications, including state sponsorship applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

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

(08) 7225 5091 or +61 8 7225 5091

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

RSMS 187 policy change –Australian Certificate 4 now a trade level qualification with no need for experience prior to application

The relevant DIBP policy now states:

“AQF Certificate III, IV and Diploma​ qualifications

If the applicant relies on an Australian qualification, that qualification must be as specified within the ANZSCO framework for that occupation. For example, if the nominated position were that of a cook (ANZSCO 351411), the applicant must:

• hold a relevant AQF Certificate IV or
• hold a relevant AQF Certificate III including at least two years of on the job training or
• have at least 3 years of relevant experience.”

Comments by Chris Johnston:

Have you been working as much as possible and waiting until you have two years of experience?

If you have a Certificate 4 and an employer you may be eligible to apply now.

This is great news for vocational graduates who are already in Australia.

Warning:

 This information is accurate on the 17 February 2015.  State/Territory Bodies and DIBP will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Do You Need Help with Australian Migration?

At Work Visa Lawyers we are experience in assisting applicants and employers with the RSMS process. 

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.