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

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

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

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

Source: SBS

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

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

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

What about the CSOL and RSMS occupation lists?

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

Changes to the 457 visa occupation list

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

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

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

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

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

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

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

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

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

Section 501 of the Migration Act 1958 – Visa cancellation powers

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

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

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

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

Sources:

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

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

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

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

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

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

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

This information is accurate on 2 December 2016

Do you need help with an Australian visa application?

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

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

(08) 8351 9956 or +61 8 8351 9956

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

Immigration SA has released the new State Nomination Occupation List (SNOL) for 2016-17. You can look at the occupations available for nomination here.

A quick glance at the new occupation list shows the following:

- Finance Managers, Accountants (on Supplementary Skilled List) showing high availability for now

- ICT occupations require 70 points to be eligible for state nomination

- Café or Restaurant Manager is only suitable for subclass 489 Skilled Regional Sponsored visa sponsorship

- Customer Service Manager also only available for subclass 489 Skilled Regional Sponsored visa sponsorship

- Registered Nurse shows high availability

- Enrolled Nurse only eligible for subclass 489 Skilled Regional Sponsored Visa sponsorship

- Baker, Pastry Chef, Chef and Cook only eligible for subclass 489 Skilled Regional Sponsored Visa sponsorship

- Marketing Specialist and other generic business professionals listed as High Availability on the Supplementary Skilled List

Work Visa Lawyers will be providing further analysis on the SNOL on a later date.

Sources:

1. http://www.migration.sa.gov.au/skilled-migrants/lists-of-state-nominated-occupations

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

This list will be a big shock for cooks and hairdressers that were looking to apply straight for PR through the subclass 190.

Immigration SA may only accept a limited number of applicants for each occupation. You are advised to secure your nomination as soon as possible while there is still high availability.

However please be aware of all visa application requirements before submitting your application, and seek help from a Registered Migration Agent if in doubt.

This information is accurate on 4 July 2016

Do you need help with an Australian visa application?

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

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

(08) 8351 9956 or +61 8 8351 9956

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

On 16^th May 2016 the Department of Immigration and Border Protection (DIBP) announced a new Skilled Occupation List (SOL) and Consolidated Skilled Occupation List (CSOL) for the upcoming fiscal year 2016-17. You can recap the changes and our initial thoughts in our earlier article here.

Since the announcement of the new SOL and CSOL, there has been increasing queries from students and professionals asking if their field of study and profession is still “in demand” or suitable for the Australian migration programme.

Popular occupations remain in the consideration for Australian visa applications

Work Visa Lawyers has continued to receive enquiries such as those below:

“I am an Accountant and I am going to apply for skilled migration later this year. Am I still qualified?”

“I will be graduating in July 2016 with a Bachelor’s degree in Marketing. Are my studies still suitable for a visa application after I complete my studies?”

“My restaurant needs to hire and sponsor an overseas restaurant manager/cook. Can I still sponsor them when the new SOL and CSOL are in effect?”

Many will be pleased to know that the majority of the most common occupations for skilled and employer-sponsored visas are still on the SOL and CSOL. The most popular occupations include:

• Accountants
• Cooks
• Café or Restaurant Managers
• Marketing Specialists
• Sales and Marketing Managers
• Software Engineers
• ICT Business Analyst

The only occupations that were removed from the SOL and moved to the CSOL are in relation to the mining industry, which includes Mining Engineers, Petroleum Engineers, Occupational Health and Safety Advisors, etc.

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

In general there isn’t much of a significant change to the SOL or CSOL. Most visa applications with the most common occupations will still be able to proceed. However it is advised that visa applications should be lodged as early as possible to prevent being affected by new changes announced by the Department of Immigration and Border Protection (DIBP).

You should also remember that the SOL or CSOL is only one of the many requirements of the visa application criteria. You need to make sure you meet all other requirements before submitting your visa application. Seek advice from a Registered Migration Agent if you need more information about your situation.

This information is accurate on 6 June 2016

Do you need help with an Australian visa application?

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

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

(08) 8351 9956 or +61 8 8351 9956

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

 2018 UPDATE:

Since 1 July 2015, Immigration South Australia (SA) has implemented a Supplementary Skilled List in addition to the normal State Occupation List as part of its state sponsorship programme. The Supplementary Skilled List includes all occupations that are not on the SA State Occupation List but are on the Federal Consolidated Skilled Occupational List (CSOL). Some of the occupations that can be accessed on the Supplementary Skilled List include:

• Generic business professionals such as Marketing, Advertising and HR professionals – Marketing Specialists, Marketing Managers, Recruitment Consultants, Commodities Traders
• Management Consultants and Policy Analysts
• Sales Representatives – Medical, ICT or Industrial
• Education professionals for example Lecturers, primary and secondary School Teachers
• Engineering Technicians
• Tradesworkers – Toolmakers, Florists, Sound Technicians, Interior Decorators, etc.

Who will benefit from the South Australia Supplementary Skilled List?

The SA Supplementary Skilled List is helpful for the following people:

• Applicants with occupations that are not suitable for a Skilled-Independent Subclass 189 visa, i.e. the nominated occupation is not on the Federal Skilled Occupation List (SOL)
• The applicant’s nominated occupation does not have a state or territory available to sponsor for a Skilled Sponsored Subclass 190 visa or a Skilled Regional Sponsored Subclass 489 visa

That is great! How can I access the South Australia Supplementary Skilled List?

An applicant can access the Supplementary Skilled List if they can meet one of the following conditions:

• The applicant is an international graduate from South Australia
• The applicant is currently working in South Australia
• The applicant qualifies for chain migration where a close family member is residing in South Australia for 12 months or more
• The applicant achieves 80 points or more for the Department of Immigration and Border Protection (DIBP) points test

Click on the links above to find out more details from the Immigration SA website. Applicants will still need to fulfil the general state sponsorship requirements.

Is it possible to accumulate 80 points for the Skilled Migration Points Test?

Typically most skilled applications claim 60 to 70 points for their applications. To claim 80 points applicants are likely to have Superior English ability, age between 25 and 32 years and have Australian studies or a PhD. Here is an example:

As demonstrated above it is possible to achieve the 80 points required with some room for manoeuvre.

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

At a recent meeting with Immigration SA, it was interesting to find out that there were a lot of applications submitted for the Supplementary Skilled List occupations under the claims for 80 points or more. As the only state sponsorship authority willing to consider all occupations on the CSOL, it is not surprising that many applicants now flock towards SA to obtain state sponsorship. However, applicants should thoroughly check and make sure that they can meet the points claimed to ensure a successful state sponsorship application.

Applicants should also consider the other criteria to access the Supplementary Skilled List. The current South Australian employment and chain migration criteria will definitely be useful for temporary overseas workers in SA and the relatives of Australian permanent residents in SA.

If the large numbers of applications submitted to Immigration SA thus far are all eligible, we might see Immigration SA suspend certain occupations for state sponsorship as some of the occupations will hit the state planning numbers for the fiscal year. It would be best to apply as soon as possible. Contact us now to find out if you can apply for SA state sponsorship.

Source:

1. http://www.migration.sa.gov.au/skilled-migrants/nomination-process/eligibility-summary

This information is accurate on 4 August 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.

More news in relation to the Australian migration programme in the new fiscal year! Here is an overview:

• Occupation Ceilings for the 2015-16 Fiscal Year Released – Bad news for Accountants and Registered Nurses
• A separate Occupation List for the Regional Sponsored Migration Scheme (RSMS) Direct Entry is now in effect

Occupation Ceilings for the 2015-16 Skilled Migration Programme

The occupation ceiling determines the number of invitations allowed for a certain occupation for each programme year, essentially a planning number for occupations suitable for migration. Here are some key points of the new occupation ceilings:

• Accountants experience the largest reduction among all occupations – down 54% to 2525 places for the programme year
• Registered Nurses had its ceiling reduced by 1170 places – an 8% decrease
• Dentists are removed from the list
• Metal Fitters and Machinists up 1254 places – an 18% increase
• Plumbers up 666 places – a 15% increase
• Panelbeaters and Cabinetmakers now included

Additionally the following occupations will receive invitations on a pro rata arrangement to ensure availability of invitations throughout the programme year:

• Accountants (ANZSCO 2211)
• ICT Business and Systems Analyst (ANZSCO 2611)
• Software and Applications Programmer (ANZSCO 2613)

New Occupation List for the Regional Sponsored Migration Scheme (RSMS) Direct Entry Stream

There is now an occupation list specific to the RSMS Direct Entry visa application. Business sponsors, applicants and migration agents must now refer to the occupation list to determine eligibility for the Direct Entry RSMS.

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

The new occupation ceilings for Accountants and certain ICT professionals indicate that the Australian Federal Government thinks that there is currently an oversupply of Accounting and ICT applications in the queue for processing. It is still possible to obtain an invitation via the Skilled Sponsored (subclass 190) in this programme year as the state nominated visas are not subject to occupation ceilings. This adds further competition for the limited places available for state sponsorship so get in early if possible.

The new RSMS Direct Entry Occupation List must be referred to when lodging new RSMS Direct Entry application on and after 1 July 2015. All parties should check that the occupation for the application is on the list before submitting the application.

This information is accurate on 7 July 2015

Source:

1. http://www.border.gov.au/Trav/Work/Skil#tab-content-3
2. https://www.comlaw.gov.au/Details/F2015L01018/Download

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.

More news in relation to the Australian migration programme in the new fiscal year! Here is an overview:

• Immigration SA is the first to release its Occupation Lists for State Sponsorship
• Amendments to the SOL and the CSOL (Dentists and Urban Planners take note)
• Austrade becomes a nominator for the SIV programme

Immigration SA releases Occupation List

Immigration South Australia has published their occupation lists and will be accepting applications for state sponsorship on the 6 July 2015. All occupations are now listed as “High Availability” but it is expected that places for popular occupations will be filled up very quickly, especially since no other state or territory has published a new list of occupations for sponsorship. Here is a highlight of the SA occupation list:

• All ICT occupations are available for sponsorship
• Registered Nurses (nec), Enrolled Nurses and Mothercraft Nurses are available for sponsorship
• Mining and Oil & Gas occupations are not on the list
• Applicants who register 80 points or higher in the Skillselect pool can now access the Supplementary Skilled List

A reminder that Immigration SA now charges for processing a state sponsorship application. Read up in our previous news post about the fees applicable here. There are also updates to the English requirements.

On a separate note ACT (Canberra) will announce their occupation list in August 2015.

Amendments to the Skilled Occupation List (SOL) and Consolidated Skilled Occupation List (CSOL)

There have been amendments to the SOL and CSOL, specifically:

• Urban & Regional Planners, Dental Specialist and Dentists are removed from the SOL and moved to the CSOL – this means that these occupations now require state sponsorship
• Panelbeater and Cabinetmaker are removed from the CSOL and moved to the SOL
• Primary School Teacher is removed from the CSOL

Austrade becomes a Nominator for the Significant Investor Visa (SIV)

In addition to the Australian states and territories Austrade is now a nominator for the SIV programme. The application fee for nomination is A$ 1000 which is significantly higher than other states and territories. However applicants nominated by Austrade will be allowed to settle down in any part of Australia.

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

Immigration SA is taking the lead in receiving new applications for state sponsorship in the new fiscal year. However the allocation numbers for SA are usually low so expect places to be filled up quickly. You should apply as soon as possible on the 6 July 2015. The new role of Austrade as a SIV nominator is also beneficial for applicants who do not have a preferred location for settlement as they will not be geographically restricted.

Work Visa Lawyers will bring you more updates as soon as they are announced.

This information is accurate on 2 July 2015

Source:

1. http://www.migration.sa.gov.au/skilled-migrants/nomination-process/skilled-nomination-changes-1st-july-2015
2. http://www.border.gov.au/Trav/Work/Work/Skills-assessment-and-assessing-authorities/skilled-occupations-lists
3. https://www.austrade.gov.au/invest/doing-business-in-australia/significant-and-premium-investor-programmes/significant-and-premium-investor-visa-programmes?utm_campaign=Significant+and+Premium+Investor+Visa+Programmes_20150701&utm_medium=email&utm_source=ministerialannouncement_20150701

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.

Change on South Australian State Nominated Occupation Lists

The Status of the occupation ‘Corporate Services Manager’ has been updated to medium availability.

So if you want to do a state nominated 190 or 489 application for Corporate Services Manager, you should get in quick while it is still on the list.

Source:

Immigration SA:

http://www.migration.sa.gov.au/skilled-migrants/state-nominated-occupation-lists

This information is accurate on the 13 December 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 experienced 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.