Submitting a visa application is the first step in obtaining temporary or permanent residence in Australia. While most visa applications are finalised in 6-12 months, some visa applications such as the Partner Visa can take up to 24 months to finalise.

As such it is important to consider not only the documents, information and situation at the time of submitting your application, but also to be aware of what needs to be done until the visa is granted.

2018 Update & Related Articles: 

Partner Visa Sponsorship & Policy Update 2018: Changes Affecting Processing Times & Force Offshore Partner Visa Applications

What do you need to do after you have submitted your partner visa application?

24 months of uncertainty over the visa application outcome can add stress to the relationship between partners. It is important that the relationship remain strong throughout the application process and also continue to collect and build evidence that shows an ongoing and growing relationship. Even after submitting your application, you should continue to:

• gather documents that show co-habitation, such as utility bills in both names or letters to both addressed to the same address
• compile photographs of both together at social events
• share financial responsibilities and actively use joint bank accounts for financial transactions

There are more that can be done but the above are some examples that require continuation even after lodging your partner visa application. Case officers can call to ask questions, or make site visits to determine the authenticity of the relationship and application. Any deterioration or adverse effect to the relationship will decrease the chances of a successful visa application.

The 2 Year Provisional Period

Most partner visas that are approved are provisional for a period of at least 2 years from the date of visa application. While the applicant holds Australian temporary residency and has access to Medicare, the temporary residency status can be revoked if the relationship dissolves within 2 years from the date of visa application lodgement. Therefore it is important to note that the relationship must continue to exist for at least 2 years from the date when the Department of Immigration and Border Protection (DIBP) received the partner visa application.

Once the 2 years have passed the applicant and sponsor should pro-actively contact the DIBP if they have not received any contact from the Department. You can initiate the second stage assessment for the permanent partner visa by using the information and instructions on the Partner (Permanent) Calculator on the DIBP website. Usually the Department will send you correspondence for this so it is very important that you update the Department if your residential or correspondence address has changed over the 2 year period.

Once the assessment is completed the applicant will receive the permanent Partner Visa (subclass 801). You can only sponsor relatives when you receive the permanent Partner Visa.

What if there are complications to the relationship during the 2 year provisional period?

While it is a requirement to fulfil the 2 years before obtaining the permanent Partner Visa, it is possible to have the permanent visa granted earlier if the following circumstances occur:

• your sponsor or de facto partner dies, the relationship would have continued if they had not died, and you have developed close business, cultural or personal ties in Australia
• the relationship breaks down and there is a child of the relationship
• the relationship breaks down due to family violence

You will need to contact the Department immediately if the events above occur. It may also be helpful to seek the advice of a Registered Migration Agent first to assess the situation.

What if there is Domestic Violence?

There are provisions in the Migration Act to protect holders of the provisional partner visa against domestic violence. The provisions aim to protect provisional partner visa holders from being abused by partners who use the provisional visa status as leverage. While it is unpleasantly true that such cases do occur, the victims of domestic violence must provide enough evidence to the Department to support such claims.

You are advised to seek the advice of a Registered Migration Agent with experience in such cases to assess the evidence you have to claim domestic violence in the relationship.

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

The Australian Partner Visa application has been plagued with increasingly longer waiting periods and this has made the uncertain waiting period a test to a couple’s relationship. It will be harrowing to find out that the visa application is refused after waiting for close to 24 months. As such it is best to submit an application that is strong with supporting evidence at the beginning, to ensure the best chances of success for the application. Prepare your application well before submitting it to the DIBP.

Another note is that applicants with Schedule 3 considerations, where the applicant was unlawful in Australia at the time of application, are less likely to receive waivers as the Department has been very strict in assessing the “compelling reasons” criteria. If you are an applicant with Schedule 3 considerations, please check with a Registered Migration Agent first before lodging your Partner Visa application.

This information is accurate on 8 April 2016

Source:

https://www.border.gov.au/Trav/Visa-1/801-

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.

Accountants have traditionally formed a large part of the Australia skilled migration numbers. The ANZSCO Unit Group 2211 includes:

• 221111 Accountant (General)
• 221112 Management Accountant
• 221113 Taxation Accountant

2018 UPDATE:  Accountants -  How to Increase Your Points for Employer Sponsored (RSMS 187, ENS 186), Independent (189, 489), and State Nomination (190) Skilled Visas

In previous years planning numbers allocated to accountants were approximately 5000 per programme year. However this was reduced by approximately 54% in the 2015-16 migration programme to 2525 places.

As a result places for accountants were quickly filled and the Department of Immigration and Border Protection (DIBP) announced that invitations to accountants will be issued in a pro rata arrangement.

The Points Required for Accountants are Going UP!

According to the latest invitation round (7 September 2015) results, accountants are only receiving Invitations to Apply (ITA) if:

• The application scored 70 points or more (65 points required in the previous round), and
• The application was lodged in August 2015 or earlier

Occupations in ANZSCO group 2212 – Auditors, Company Secretaries and Corporate Treasurers will no longer receive ITAs in this programme year as the occupational ceiling has been met. This means that applicants within this group of nominated occupations will have to wait until at least next year to receive an ITA. A reminder to all that the Expression of Interest (EOI) will only be stored on the DIBP Skill Select system for 2 years. Will accountants get the same treatment?

What Can You Do if You are Migrating as an Accountant?

The main strategy will be to obtain as many points as possible to receive an ITA. There are a few ways to increase your points, such as:

• Taking English exams to achieve Superior English
• Completing a Professional Year in Australia
• Obtaining Australian Work Experience
• Completing a tertiary course from an institute that qualifies for Regional Study Points
• Obtaining State Sponsorship

Superior English

Achieving English exam results at a Superior level will allow you to claim 20 points, versus 10 points for Proficient English. With the availability of other English exams (visit our blog here for all the options), you might be able to improve your English scores and meet Superior English requirements. To achieve Superior English you need to achieve the following:

Professional Year

An additional 5 points are available if you completed a Professional Year in Australia. These Professional Year courses are offered by the following organisations:

• Australian Computer Society
• CPA Australia
• Institute of Chartered Accountants of Australia
• Institute of Public Accountants (formerly the National Institute of Accountants)
• Engineers Australia

You can find out more about the Professional Year at the organisations’ website

Australian Work Experience

If you have work experience in Australia you stand to gain 5 more points as compared to any overseas work experience that you are claiming, i.e. 3 years of work experience from overseas will give you 5 points, whereas 3 years of work experience in Australia will give you 10 points. This will be helpful if you are thinking about working in Australia under a temporary work visa and then consider General Skilled Migration at a later stage.

Regional Study Points

You can claim an additional 5 points (on top of the 5 points awarded for Australian studies) if your campus was located in a regional postcode. A list of regional Australia postcodes is available on the DIBP website (link). A note is that you must meet the Australian Study requirements to claim these points.

Applying for State Sponsorship

There has been a rush for state sponsorship or nomination to increase the points of an accountant’s application and gain a higher possibility to receive an ITA. The increased demand for state sponsorship has made state authorities increase the requirements for accountants to receive state sponsorship. Examples of such increased requirements include:

• In-field work experience
• The applicant was a graduate from the state/territory that is sponsoring, etc.

It is important to note that if you applied for a 489 Regional State Sponsorship you will receive 10 points in comparison to 5 points for a 190 State Sponsorship. It may be worth considering going Regional to obtain an ITA.

In summary accountants are looking at a longer timeframe before receiving an ITA to proceed with a visa application. If you are a student currently enrolled in an accounting course the pathway to a permanent visa after graduation looks to be increasingly difficult.

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

The points score required for accountants increased from 65 points in the earlier invitation round to 70 points in the last round. This means that accountants who have submitted an EOI are getting higher point scores either by scoring higher English test scores, or obtaining regional state sponsorship. This may be a good strategy for now but that will eventually increase the points score required to receive an ITA.

Other pathways?

An alternative would be to consider other visa pathways such as employer sponsored visas (457, 186, 187) instead of waiting to receive an ITA under General Skilled Migration. A practical step would be to take up an internship or work experience during your studies for the following reasons:

• You gain local Australian work experience, which will help you in your job search when you graduate
• You expose yourself to Australian businesses that may be willing to sponsor you for a position when you complete your studies

What If I am planning to study in Australia now?

For students thinking about permanent residency after the completion of studies it may be better to study in a field other than accounting. Other industries to consider include Engineering  or Nursing.

This information is accurate on 23 October 2015

Source:

1. http://www.border.gov.au/WorkinginAustralia/Pages/SkillSelect-7-September-2015-Round-Results.aspx

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.

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:

 (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.

The DIBP has embarked on a campaign to inform students of the risks of changing from a streamlined course to a lower course. 

“Changing course advice for streamlined visa holders

If you want to change to a new course and you were granted a visa under the streamlined visa processing arrangements you must maintain enrolment in a streamlined visa processing eligible course (or package of courses) with an education provider participating in the arrangements.  ... ...

Important: If your new course is not with an education provider participating in the streamlined visa processing arrangements, read the information below about changing education providers.

If you enrol in a course (or package of courses) that is not eligible for streamlined visa processing, you no longer meet the criteria for which your visa was granted and may be considered for visa cancellation.”

From the DIBP Migration Blog:

“Moving from a university to a vocational education course

·         You must complete six months of the highest qualification course in which your visa was granted before changing courses with a different education sector.

·         You must obtain a new visa to study in a different educational sector.

Names of people and education providers in this story are fictional for the purposes of this case study.

Mandeep was enrolled with the Eucalyptus University to study a Bachelor of Accounting. She was granted a  Higher Education Sector (subclass 573) visa.

After commencing her bachelor degree, she was informed by a friend she could study her course faster and cheaper at a different institution. Mandeep thought this sounded like a good option as she wanted to get her degree as fast as possible. She thought she may have a problem with her visa if she changed her course.

Mandeep phoned the Department of Immigration and Border Protection to see if she could move to this cheaper institution. After confirming all the details of Mandeep’s case, the immigration officer told Mandeep her visa was granted under streamlined visa processing arrangements with the Eucalyptus University—if she changed to a non-streamlined education provider while holding a streamlined student visa, she may be in breach of a condition of her visa (condition 8516).

The immigration officer informed Mandeep that if she wanted to change education provider she would have to choose one of the following options:

·         transfer to another streamlined institution

·         remain in her current course and apply for a new student visa (after completing six months of her principal course) with a letter of offer or confirmation of enrolment from the new provider

·         depart Australia, request the voluntary cancellation of her student visa and then apply for a new student visa with a letter of offer or confirmation of enrolment from the new education provider.

Mandeep decided to move to the cheaper institution, regardless of the information she had found out about her visa. Shortly after, the department contacted her and issued a Notice of Intention to Consider Cancellation for her student visa.

Mandeep responded to the notice and provided reasons why her visa should not be cancelled. The department considered her response and proceeded to cancel her student visa for breach of condition 8516.

Mandeep was upset and regretted not abiding by the conditions of her visa. Mandeep no longer held a visa to remain lawfully in Australia and made arrangements to return to her home country.”

Warning: This information is accurate on the 02 February 2014. 

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

Sources: https://www.immi.gov.au/Study/Pages/changing-courses.aspx

http://migrationblog.immi.gov.au/2014/01/14/changing-courses-changes-everything/

Comment by Chris Johnston, Migration Lawyer and Registered Migration Agent: 

The problem for many students is that this information campaign will be too late and they have already made the change and face student visa cancellation.

Options in this case may include applying for the correct visa prior to any cancellation occuring. 

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.

Why are Partner Visas Number one for Christmas?

Every year I notice that in the weeks leading up to Christmas there is a dramatic rise in the number of visa enquiries about Partner Visas. 

There may be a number of reasons for this and here are some of my explanations:

With the warmer weather and festive season, love may be in the air. 

·         It is common for WHV holders  to meet someone special that is an Australian Citizen or Permanent Resident, and to consider lodging a Partner Visa onshore. Working Holiday Visas holders often arrived in Australia in summer and often their visas are nearing expiry late in the year.  The number of working holiday maker visa holders in Australia on 30 September 2013 was 166 260.

·         Student visa holders often have a visa expiry date of the 15 March and so in December they may be considering their next visa, which if they are in a relationship with an Australian Citizen or Permanent Resident, may be a Partner Visa.

·         It could be that the approaching end of the year means that people start planning or the next year and a Partner visa may feature in the planning. 

Whatever the reason, if you are interested in applying for a Partner visa, or in being a sponsor for a Partner visa, then the following information may be useful.

Which Partner Visa should I you apply for?

Which one is best, depends a lot on your situation.

There are three main options in terms for partner visas.

·         Partner Visa Onshore

·         Partner Visa Offshore

·         Fiancé Visa (Prospective Marriage Visa)

The Partner Criteria are also very relevant if you are adding a partner to an existing visa.  When adding a Partner, the key difference, is that the application is based on one of the partners holding a relevant visa, and not on one of the partners being an Australian Citizen or permanent resident.   The common criteria of a spouse relationship – a continuing and genuine relationship to the exclusion of others, will apply.

I will provide some information on these various options.

Partner Visa Onshore – Temporary and Permanent

All partner visas must have a sponsor and a primary visa applicant. The sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen that is in a relationship with the primary visa applicant.

The primary visa applicant must be in a relationship with the sponsor.

To qualify for a partner visa you must be in a married or de facto relationship:

• The marriage must be recognised under Australian law or;
• The de facto relationship must have existed for 12 months prior to applying, unless you be able to show that compelling and compassionate circumstance apply. De facto relationships include same-sex relationships.

In some states and territories it is possible to register a relationship which can then mean the 12 months de facto requirement does not need to be met. 

You must be able to provide evidence to support the genuine and continuing nature of your relationship including:

·         Financial evidence supporting your mutual commitment to your partner.

·         Social and public nature of the relationship.

·         Evidence detailing your mutual and exclusive commitment to each other. Factors considered by the Department include the time spent living together and the length of the relationship.

The visa application can include dependent children and may be able to include dependent relatives.

Partner visas are usually a two staged process. You must first apply for a temporary (provisional) Partner visa, which allows you to travel to and live in Australia.

If you meet criteria including the relationship continuing two years after being granted the provisional visa, then you may be able to receive a permanent Partner visa.

In some circumstances, you may receive a permanent Partner visa straight away, such as when the relationship has been ongoing for several years or more, or when there are children of the relationship.

Partner Visa Offshore – Temporary and Permanent

The criteria are the same as for the onshore, as explained above.

The difference is that the application must be lodged offshore, at the closest Australian Embassy and the applicant must also be outside of Australia at the time of decision.

This type of visa is suitable for situations including:

·         The applicant is from a high risk country (by DIBP standards) and it is difficult or impossible to get a visitor visa to Australia.

·         The applicant has a visitor visa for Australia, but it has a ‘No Further Stay’ condition, which prevents an application from being lodged in Australia.

·         The applicant has a job outside of Australia and wants to be able to keep working in their job up until the time of a decision on the visa application.  In some circumstance it may be difficult to get an Australian visa with work rights prior to the partner visa being granted.

·         The visa applicant’s last Australian visa application which was lodged in Australia and was refused, and this has meant that schedule three criteria will apply to an onshore partner application, meaning an offshore application will be more attractive.

Fiancé Visa (Prospective Marriage Visa)

This visa allows a visa applicant to come to Australia and marry their sponsor within the required timeframe.

The sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen that is in a relationship with the visa applicant.

The primary visa applicant must be in a spouse relationship with the sponsor.

You must be able to provide evidence to support the genuine and continuing nature of your relationship including:

·         Financial evidence supporting their mutual commitment to your partner.

·         Social and public nature of the relationship.

·         Evidence detailing your mutual and exclusive commitment to each other.

·         Evidence of an intention to marry, including details regarding the planned marriage.

For a Fiancé visa the level of evidence required in relation to your relationship may not be as not high as it is for a Partner temporary or permanent visa.

This visa is often appropriate where it is not possible, or not culturally appropriate, for you to live together with your spouse for an extended period prior to marriage.

The sponsor and applicant are required to get married within nine months of the Fiancé visa grant.

Following the marriage you will have to apply for a Partner visa to allow you to continue to live in Australia.

Adding a Partner to Your Current Australian Visa?

Some Australian visas allow you to add your partner and dependent children. For example, this is possible for a temporary worker on a subclass 457 visa.

Partner Visa Refusals and appeals to MRT

Partner visa refusals can be reviewed by the Migration Review Tribunal (MRT).

We are able to assist you with the process.

Based in Adelaide South Australia, Immigration Lawyer and Migration Agent Chris Johnston provides migration advice to people and businesses from all over the world.

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

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

Sources: BR0169 Temporary entrants and New Zealand citizens in Australia as at 30 September 2013, http://www.immi.gov.au/media/statistics/pdf/temp-entrants-newzealand-sep13.pdf

Warning -This information is accurate on the 15 DEC 2013.  

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. 

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/

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. 

Scott Morrison is likely to be announced as the new Minister for Immigration.  He was the Shadow Minister for Immigration  and Citizenship from 8 up until the Federal election on the 7th September 2013.

This is what Scott Morrison has previously said in relation to:

• Skilled Migration
• 457 visas
• English language requirements

Skilled Migration:

At the Brisbane Resource Industry Migration Forum for AMMA on the 8 August 2013:

"The Coalition believes in a well run migration program that focuses on skills and creates jobs for Australians," Mr Morrison said.

Source:

http://www.amma.org.au/newsroom/media-releases/3394-coalition-s-skilled-migration-program-will-restore-business-confidence-scott-morrison

Paper by Scott Morrison to Address to the Affinity Intercultural Foundation, Sydney

Wednesday 17 July 2013.  At page 4:

“During the Howard years skills based migration increased from less than 30% of the permanent

program under Paul Keating to almost 70% by the time they left office. The Howard Government

also introduced the temporary skilled visa, the 457.

Research by Monash University showed that during the Howard years the percentage of Australians

who were concerned about immigration levels being too high almost halved, from more than two

thirds to just over one third. Over the same period our permanent immigration intake doubled.”

http://www.affinity.org.au/wp-content/uploads/2013/07/Morrison-Doing-far-more-to-build-our-nation-170713.pdf

On 457 Policy under Brendan O’Connor

Scott Morrison was highly critical of the statements made by Brendan O’Connor in relation to claimed 457 rorts.

In a radio interview on the 2 May 2013 Scott Morrison said:

 “Well this report obtained by the Coalition under freedom of information demonstrates some fairly routine housekeeping changed to the 457 scheme. 

It certainly doesn't anywhere justify the sort of inflammatory rhetoric and trash talking of skilled migration that the Prime Minster and Minister O'Connor have engaged in, nor does it in any way provide any evidentiary basis for the sort of claims they've made about 10,000 people rorting the system and so on.”

http://www.abc.net.au/pm/content/2013/s3750563.htm

At the Brisbane Resource Industry Migration Forum for AMMA on the 8 August 2013:

“Until this year the skilled migration program enjoyed bipartisan support. Labor’s attack on skilled

migration through the measuresintroduced to choke the 457 migration program with union red

tape was nothing more than economic vandalism,” he said.

http://www.amma.org.au/assets/media/2013MediaReleases/Aug/MEDIA%20RELEASE_Coalitions_killed_migration_program_will_restore_business_confidence_Scott_Morrison.pdf

Skilled Migration and English Language Requirements

On English Language Testing:

Paper by Scott Morrison to Address to the Affinity Intercultural Foundation, Sydney

Wednesday 17 July 2013.  At pages 6 and 7:

“IELTS is a quality program – used by more than 6,000 organisations across 135 countries, including

immigration departments and authorities in Australia, Canada, New Zealand and the UK. IELTS

conduct around 1.9 million tests per year.

But we must be wary of creating a closed shop on English language testing or having English

language testing used as a non-tariff barrier by trade unions trying to crash the skilled migration

programme as an industrial tactic.

We should be moving towards a more competitive framework.

Australia needs to have the capacity to have progressive levels of English language capability. We

also need greater flexibility; the notion of having an English language test that is fit for purpose,

instead of a one size fits all.

There can be no argument that English skills are important. They are critical not only for personal

safety but also for participation and social cohesion.

English language skills are important to ensure awareness of compliance with occupational health

and safety rules. They are also important in allowing a visa holder to communicate and connect with

their employer, their colleagues and their community.

Temporary migrants, whether they are students or workers, can be highly vulnerable to abuse. An

understanding of English helps them access services and understand the protections available to

them, whether they are trying to rent a flat, understand the terms and conditions of their

employment, open a bank account or take out a loan.

The United Kingdom accepts over 30 language assessment systems in addition to the IELTS.

One of those providers is the renowned Cambridge English Language Assessment – formerly the

ESOL – with 4 million candidates sitting the tests in 130 countries.

The rationale behind Cambridge is that “tests need to be fit for purpose, offering users a range of

solutions that meet diverse needs”.

The level of language skills required of someone applying to come to Australia should also take into

account how long they intend to stay.

We also need more than a one-off time freeze snapshot. If a person has been living, working and

actively engaging in Australia over a number of years, it is in their interests as well as that of the

community that as their active engagement grows, their level of proficiency does not stay static;

ideally it would develop and improve over this time.”

The 457 and English Language Testing:

In an address to the National Press Club Mr Morrison said:
"There is also a need to revise the English language test that now requires a score of at least five in all four categories of the IELTS test," he told the NPC.

"These tests can be used a little like a non tariff barrier to trade by unions seeking to crash the system as an industrial system."

Source: article by  Malcolm Farr, National Political Editor, 30 March 2011, news.com.au

Comments by Chris Johnston Principal of Work Visa Lawyers:

The information above is statements made by Scott Morrison in the lead up to the 2013 elections .  The extent to which promises made prior to an election will result in government policies is an unknown.

In relation to 457 visas, it is clear that Scott Morrison is a critic of the 457 policies when he was a shadow Minster. 

The open question is whether the 457 labour market testing measures will come into effect.   The relevant Legislation is the Migration Amendment (Temporary Sponsored Visas) Bill 2013.  The legislation will come into effect within 6 months of the Act receiving royal assent and the last day for this to happen would be the 29 December 2013.

The Migration Amendment (Temporary Sponsored Visas) Bill allows for occupations to be exempted from LMT.  The new Coalition Government could chose to make a large range or all occupations exempted from LTM, to avoid the LMT legislation having any practical effects.

Sources:

AMMA Media Release, 8 August 2013

http://www.amma.org.au/newsroom/media-releases/3394-coalition-s-skilled-migration-program-will-restore-business-confidence-scott-morrison

http://www.affinity.org.au/wp-content/uploads/2013/07/Morrison-Doing-far-more-to-build-our-nation-170713.pdf

http://www.abc.net.au/pm/content/2013/s3750563.htm

Article by  Malcolm Farr, National Political Editor, 30 March 2011, news.com.au

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 09 September 2013. 

The visa charges for many visas will be raised by approximately 15% from 1 September 2013.

Some examples of the charges are:

For an RSMS subclass 187 this means the base application charge will go up from $3060 to $3520.

Dependent spouse/partner $1530 to $1760.

Dependent child from $765 to $880

For a Contributory Parent (Migrant) per applicant the 2^nd Instalment will go up from $42,220 to $48,550.

Here is a link for the Instrument listing all the changes:

http://www.comlaw.gov.au/Details/F2013L01534/Explanatory%20Statement/Text

Need Help?

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 isaccurate on the 27 August 2013.  DIAC will change visa charges regularly and you will need to check the current charges prior to lodging an application. 

It has been reported that form the 1 July 2013 the 457 visa application fee will increase from $455 to $900. See article:

http://www.abc.net.au/news/2013-05-14/nrn-fedbudget-457costs/4689874

Labor has plans for Radio Adverts  to Promote a Crackdown on 457 Visas.  See article:

http://www.afr.com/p/national/labor_ads_to_promote_work_visa_crackdown_35rbIW85h1LS1vpVSYOs6I

This will be at same time as ATO Investigations of 457 Visas. See article:

http://www.workvisalawyers.com.au/news/entry/student-visa-and-temporary-work-visa-holders-are-you-currently-being-investigated-for-tax-fraud-.html

Firstly, I can make reference to an insightful blog by a representative of DIAC.   Kruno Kukoc, First Assistant Secretary Migration and Visa Policy Division, Department of Immigration and Citizenship.  The below blog summarises some of DIAC’s policy initiatives for 2012.

http://migrationblog.immi.gov.au/2013/01/24/a-year-in-review-2012/

It is a good summary of some of the changes and the intentions underlying the changes.

Secondly, I can add my own observations on the negative effects of changing so many major visa categories at the same time, from the 1 July 2012.  These included a surge in visa applications prior to visa changes, with the potential of significant processing  delays due to these numbers, and ongoing technical difficulties for the new SkillSelect  electronic visa system.

Under a Ministerial Direction that becomes effective on the 1 July 2011 the processing priorities for permanent residency skilled visas are:

1. Applications for Regional Sponsored Migration Scheme (RSMS) and Subclass 887
2. Applications for Employer Nomination Scheme (ENS)
3. Applicants nominated by a state / territory government and nominated skilled occupation is on the relevant State Migration Plan (SMP)
4. Applications with a nominated skilled occupation on the 2011 Schedule 1 Skilled Occupation List (SOL)
5. All other applications.

The effect of processing priorities is that applications with a higher priority are generally processed faster. For example DIAC estimates that the majority of RSMS applications which are priority 1. are being processes in 5-8 months, while some GSM visas in priority 5. are currently not progressing and can take several years.

At a practical level, the processing priorities mean, that if you qualify for an Employer Sponsored Visa, it may lead to permanent residency much faster that other visa options.

Source on processing time estimates:

http://www.immi.gov.au/about/charters/client-services-charter/visas/8.0.htm

Contact Work Visa Lawyers if you want to know more about Employer Sponsored Visas.