Catch up on the latest Australian immigration news, including the new 491 & 494 skilled regional visas and much more!

There are several important factors employers need to consider when sponsoring an employee for a permanent residency visa or when appealing a decision.

The Employer Nominated Scheme (ENS) subclass 186 visa and the Regional Sponsored Migration Scheme (RSMS) subclass 187 visa have two main streams:

• Direct Entry stream
• Temporary Residence Transition stream

The ENS 186 visa also has a third, less commonly used stream, the labour agreement stream. This stream is very important for Designated Area Migration Agreement applications and other forms of labour agreement, but is not as commonly used as the other two.

There are three possible stages for an ENS 186 visa or RSMS 187 visa:

1. Regional Certifying Body Advice application (RSMS 187 Direct Entry Stream ONLY) to the relevant Regional Certifying Body
2. Employer nomination application to the Department of Home Affairs
3. Visa application to the Department of Home Affairs

Genuine position refusals

One of the most common reasons for refusal of ENS 186 visas and RSMS 187 visas is that the position is not genuine.

“Genuineness” is a complex assessment which does not have a concrete definition.

Case officers examine the entirety of the application, including the business circumstances, and develop an opinion as to whether the position being nominated is a genuine position required by the business which fits within the employer-sponsored migration program, or whether the whole or part of the position has been created solely to achieve a migration outcome.

There are certain occupations which are at a high risk of additional scrutiny for genuineness. These are high-volume occupations which may have attracted low-quality applications in the past. The two main examples are:

• 149212 Customer Service Manager

• 511112 Program or Project Administrator

For the above occupations, it is important that the nominated position fits clearly within the relevant occupation. The case officer will be looking to the position description, organisational chart, employment contract and any other explanatory information and documents you are providing.

If the position does not appear to align with the occupation you have nominated, the case officer may find that the position is not genuine.

Temporary Residence Transition Stream – ENS 186 and RSMS 187 Visas

If using the Temporary Residence Transition, the application must be consistent with everything in the subclass 457 or subclass 482 visa.

One of the key matters which will be checked by the Department of Home Affairs is whether the visa applicant has been paid the nominated earnings for the whole duration of their subclass 457 or subclass 482 visa. A common issue here is where superannuation has been included in the nominated Guaranteed Annual Earnings. Because superannuation is not included in Guaranteed Annual Earnings (it is considered to be a separate employer obligation), this may inflate the earnings which were required to be paid to the visa holder.

Special attention must be given to this when applying for an ENS 186 visa or RSMS 187 visa under the Temporary Transition Stream.

Limited Availability of RSMS TRT Going Forward

With the RSMS subclass 187 visa closure on 16 November 2019, the Temporary Residence Transition stream of this visa will remain only available to a small group of people.
This group comprises two subgroups:

• Transitional 457 workers – those who held or had applied for (which was subsequently granted) a subclass 457 visa on 18 April 2017
• Transitional 482 workers – those who held or had applied for (which was subsequently granted) a TSS 482 visa on 20 March 2019

Currently, this appears to leave a group of people in the middle unaccounted for. These applicants may not be able to access the RSMS temporary transition after 16 November 2019.
For these workers, it may be worth considering whether Direct Entry can be completed prior to the shut-off.

Appeal Tips

If a negative decision is received from the Department of Home Affairs at either the nomination or visa application stage, a merits review at the Administrative Appeals Tribunal (AAT) may be available. The ordinary timeframe for applying for this is 21 days, so it is important that you act quickly.

If such a decision occurs at the nomination stage, it is important that both stages are appealed to the AAT. If the nomination is not appealed, the visa applicant will not be able to be successful on appeal.

It is very important if appealing that all efforts are made to strengthen the circumstances of the application while waiting for a hearing date to be set. It can currently take quite some time for a new employer-sponsored matter to be constituted at the AAT and a hearing date set.

This time presents both a difficulty and an opportunity for the business and the worker. During this time, the employer and employee need to strengthen their relationship to have the best prospects of success. The employee should continue working in the business and the business should maintain detailed records to clearly demonstrate this.

An appeal to the AAT is a merits review process, so the Tribunal Member will stand in the shoes of the decision maker and look at the situation anew. You are able to provide new evidence to seek an improved outcome.

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 Partner Visas, Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas 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.

Employer sponsored visas (including DAMA) can be an attractive option for many migrants, but it is important to remember that you must first find an employer that is willing to sponsor you.

The permanent, employer-sponsored Regional Sponsored Migration Scheme (RSMS) subclass 187 visa has generated lots of attention recently for a few reasons.

6 Reasons Why A Nomination May Be Refused For Permanent Residency Visas In 2019. When Applying For A Permanent Visa (ENS 186 & RSMS 187), Both The Skilled Applicant And The Business Have Terms And Conditions That Are Required To Be Fulfilled.

Today, 08 February 2019, the state and territory treasurers in Canberra and the Federal Government held a meeting to implement a long term plan that would address the population crisis in capital cities.

Genuine Position Requirements for the ENS Subclass 186 Visa, TSS subclass 482 Visa, & RSMS Subclass 187 Visa. How To Prove Nominated Position Is A Genuine Position.

In an earlier article posed on 28 March 2018, we discussed the Government’s plans to introduce the Skilling Australians Fund (SAF) which employers would have to contribute to before a work visa can be approved.

We can now confirm that the legislation which introduces the fund was passed by the Australian Senate on 8 May 2018.

What is the Skilling Australians Fund?

The Australian Government introduced the SAF to fund projects that support apprenticeships and traineeships, and will focus on training Australian workers in new skills.

"This fund will ensure an ongoing source of revenue to support Australian skills development and the take-up of apprenticeships and traineeships. The new fund will replace the existing training benchmarks, which have not been successful in generating training opportunities to allow Australians to fill skill gaps,” the government said in the Budget.

Key terms: Migration Policy Changes – Employer Sponsored Visas – Subclass 187 RSMS – Subclass 186 ENS – English Requirements – Age Requirements

With the announcement of the 457 visa programme being abolished in March 2018, the Department of Immigration and Border Protection (DIBP) also announced changes to be introduced to the permanent employer sponsored visas, which include:

·         the subclass 186 Employer Nomination Scheme (ENS) visa

·         the subclass 187 Regional Sponsored Migration Scheme (RSMS) visa

The changes are planned to be introduced in stages on 1 July 2017 and March 2018. In this article we will be looking at the changes coming on 1 July 2017.

The Western Australia (WA) state government has announced the following with regards to the state migration services:

• An interim Western Australian skilled migration occupation list (WASMOL) is now in place for all new state sponsorship/nomination applications
• The Regional Certification Body (RCB) applications for subclass 187 Regional Sponsored Migration Scheme (RSMS) visa nominations are now open for regional WA and excludes Perth
• All applications submitted before the suspension on 13 March 2017 will be processed according to criteria and policy effective at that time

More on the changes below.

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 –

In our earlier article we explained that the South Australia (SA) State Government started its policy to impose contributory fees for each school child of 457 visa holders, following Western Australia (WA), New South Wales (NSW) and the Australian Capital Territory (ACT). By January 2018 all 457 visa holders in SA will have to pay the contributory fees for each child in school. Depending on the number of children and your household income, the contributory fees can be in excess of thousands of dollars per year.

2018 UPDATE

Important changes affecting Queensland, Victoria and South Australia State Sponsorship for 190, 489 and 187 visas as migration year nears end!

How to increase your points for Employer Sponsored Visas (Subclass 187)

How the new Skilling Australia Fund Levy Will Affect RSMS 187

The Regional Sponsored Migration Scheme visa (subclass 187), popularly referred to as the “RSMS visa” is an attractive Australian visa for professionals being sponsored to work in the regional areas of Australia. The RSMS visa grants you and your family members permanent residency in Australia. Here is an overview of what the RSMS visa allows you (and your family – partner and children) to do in Australia:

• Live in Australia indefinitely
• Work for the sponsoring company for at least 2 years
• Travel in and out of Australia repeatedly for a period of 5 years
• Study in Australia as a domestic student
• Enjoy benefits such as Medicare, First Home Buyer’s Grant, Family Tax Benefits, etc.

While it sounds very attractive, especially in comparison to the temporary work 457 visa, it is important to note that the requirements to apply for the RSMS are very different from the 457 visa application. Here are the 10 things you need to know about applying for a RSMS visa.

No. 1 – What are the regional areas in Australia for the purposes of the RSMS visa?

The regional areas of Australia include all parts of Australia except Brisbane, Gold Coast, Newcastle, Sydney, Wollongong and Melbourne.

No. 2 - The 3 streams of the RSMS

There are 3 application pathways or streams for the Regional Sponsored Migration Scheme visa (subclass 187). The 3 streams available are:

(i) Temporary Residence Transition stream

This stream is available for Temporary Work (Skilled) visa (subclass 457) holders who have worked for the sponsoring employer for at least 2 years. You will also need to meet vocational English requirements unless you are exempt. No skills assessment is required.

(ii) Direct Entry stream

This is available for applicants who:

• have never, or only briefly worked in Australia
• hold a Temporary Work (Skilled) visa (subclass 457) but do not qualify under the Temporary Residence Transition Stream
• are applying directly from outside Australia

You will need to meet competent English requirements (unless exempted) and also meet the skills requirements, which are explained in more details below.

(iii) Agreement stream

This stream is only applicable if you are being sponsored by an employer through a tailored and negotiated labour agreement. The age, skills and English requirements will be stated in the labour agreement.

No. 3 - Offer of employment in skilled position on a relevant list from an Australian business

The employer is an important part of the application process. You must have an Australian employer who is willing to sponsor you for an occupation that is on the appropriate occupation list.

For the Temporary Residence Transition stream you will need to refer to the Consolidated Sponsored Occupations List. The nominated occupation for the RSMS subclass 187 visa must have the same four-digit occupation unit group code as the occupation being carried out by the employee.

For the Direct Entry stream you will need to refer to a special legislative instrument for the list of occupations suitable for nomination. The occupations are specified in the legislative instruments IMMI 15/083 and IMMI 15/109. You will also need to seek Regional Certifying Body (RCB) approval before being able to nominate a position. More details about the RCB are explained below.

For the Labour Agreement stream you will need to check if an agreement is in place for the occupation being nominated. The occupation must have a Labour Agreement in place to be suitable for nomination.

If you need help with the position being nominated, please seek the help and advice of Work Visa Lawyers.

No. 4 – Visa applicant requirements for the RSMS Direct Entry

Applicants applying for the RSMS Direct Entry visa need to meet English, skills and age requirements.

For English applicants will need to demonstrate Competent English, which is shown by obtaining English test scores of IELTS 6.0 in all components, or equivalent alternative test scores. You will meet the English requirements if you are a holder of a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland.

You may be exempt from the English requirement if you command a very high salary for the position or are nominated for a select group of occupations.

The visa applicant must meet the skills and qualifications requirement for the nominated occupation. The skills and qualifications required for each occupation can be found at the ANZSCO list from the Australian Bureau of Statistics. Trade occupation applicants will need to obtain a skills assessment if the relevant qualifications were obtained outside of Australia.

Professions such as medical practitioners and nurses will need to obtain full practising registration in Australia before they can apply. As such many candidates from such professions will apply for a 457 visa first to work and obtain registration in Australia, before applying for permanent residence via the Temporary Transition stream later.

All Direct Entry 187 RSMS visa applicants need to be under the age of 50, unless exemptions apply.

No. 5 – Employer requirements for the RSMS Direct Entry

The employer will need to offer a position that is available for at least two years from the time the RSMS visa is granted. The occupation needs to be on one of the occupation lists relevant for the RSMS visa. Prior to the RSMS nomination and visa application the employer needs to apply for a Regional Certifying Body (RCB) certification. The RCB certification requires the employer to:

- advertise the position to show that the employer was unable to find a local Australian citizen or permanent resident to work in the position

- demonstrate genuine need for the position

Without a RCB approval your RSMS visa is likely to be refused by the DIBP.

No. 6 – Advantages of the RSMS Direct Entry subclass 187 visa

There are two advantages to the RSMS visa application. Firstly the nominated position is not subject to the Temporary Skilled Migration Income Threshold (TSMIT) which is $53,900. This means that unlike the 457 Temporary Work Visa the RSMS visa is suitable for occupations which have an annual market salary lower than $53,900 (such as cooks or restaurant and café managers). Secondly the RSMS occupation list has more occupations than the Consolidated Skilled Occupation List (CSOL) used for the 457 visa. A good example is Hotel Service Managers which are available for sponsorship under the RSMS visa but not for the 457 Temporary Work Visa.

Other advantages would include the exclusion from 457 visa sponsorship obligations and the fact that visa applicants (the employee and family) will receive Australian permanent residence from date of grant, with access to Medicare and international school fee waivers.

No. 7 – RSMS Temporary Transition requirements for existing 457 visa holders

The key requirements for a 457 visa holder to apply for the RSMS via Temporary Transition are:

- the applicant must have held the 457 visa and worked under the same employer for at least 2 out of the last 3 years before applying. There are very limited exceptions for this

- the employer has paid the correct salary, superannuation and withheld taxes for the work done under the 457 visa employment

- the employer meets the Training Benchmark requirements. This means that the employer has provided an acceptable amount of training for its Australian citizen and permanent resident employees, or has made a contribution to a relevant industry training fund

No. 8 – Advantages of the RSMS Temporary Transition subclass 187 visa

The required English ability for this visa application is Vocational English, which is IELTS 5.0 in all components or equivalent English test results. There is also no need for skills assessments, demonstration of skills or qualifications if the 457 visa holder has been employed in the position for at least 2 years. The Temporary Transition pathway also allows access to a health waiver, which will be helpful to a family which may have a family member who is ill. Do note that there is no guarantee that a health waiver will be granted.

No. 9 – Obligations to be met by the Employer and Employee under the RSMS visa

The most recent focus is on the “Payment for Visas” conduct where visa applicants have paid employers in return for a RSMS sponsorship. Recently passed legislation now allows both the employer and employee to be subjected to civil and criminal penalties, which include fines and imprisonment. The Department can also cancel the RSMS visa of the employee who engaged in such illegal conduct.

Additionally the Migration Act also allows the Department to cancel the RSMS visa of an employee if:

1) the employee does not start working for the employer within 6 months of arriving in Australia

2) the employee does not make a genuine effort to stay and work with the employer for at least 2 years

No.10 – Do I need help with a RSMS subclass 187 visa?

The RSMS involves multiple stages and can be a complex application for both the employer and employee. In 2014 73.8% of RSMS applications submitted were prepared by Registered Migration Agents.

More importantly using the services of a Registered Migration Agent provides accountability, consumer protection and expertise required to submit a strong application on your behalf.

At Work Visa Lawyers we have a team of Immigration Lawyers and Registered Migration Agents who can assist you with RSMS applications regardless of the industry.

Time stamps

0:44 - #1 What are the Regional Areas in Australia?

1:30 - #2 The streams to an RSMS - Direct Entry, Temporary Transition and Labour Agreement

2:21 - #3 Offer of employment in skilled position on a relevant list from an Australian business

4:29 - #4 RSMS Direct Entry requirements for the visa applicant

6:10 - #5 RSMS Direct Entry requirements for the employer/business sponsor

7:09 - #6 Advantages of the RSMS Direct Entry pathway

8:16 - #7 RSMS Temporary Transition requirements for the visa applicant

8:58 - #8 Advantages of the RSMS Temporary Transition pathway

9:53 - #9 Obligations of the RSMS visa for visa applicant and employer sponsors

10:55 - #10 Do I need help with a RSMS subclass 187 visa

Hope you found the video helpful! Remember to subscribe to the Work Visa Lawyers channel for more videos.

You can find more information about the RSMS visa from the Work Visa Lawyers blog articles:

http://www.workvisalawyers.com.au/new...

http://www.workvisalawyers.com.au/new...

http://www.workvisalawyers.com.au/new...

Work Visa Lawyers is experienced in a variety of Australian visa application, including:
Employer Sponsored Visas | 457 visas | RSMS 187 visas | ENS 186 visas | Standard Business Sponsorship | Meeting Training Benchmarks and Creating Training Plans | RCB certification | Labour Market Testing | Market Salary Research | General Skilled Migration | State Nomination | Partner visas | Parent visas | Business Migration visas | and others.

Contact Work Visa Lawyers today if you need help with an Australian visa application.

This information is accurate on 21 October 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 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.

Work Visa Lawyers is pleased to bring you the latest update to the Australian migration programme. The videos below will cover topics such as:

• Visa options for 457 visa holders whose contract was not renewed or terminated early due to downturn in the industry, e.g. mining
• New Occupation List for the Regional Sponsored Migration Scheme (RSMS) Subclass 187 Direct Entry visa applications
• Supplementary Occupation List for South Australia State Sponsorship
• Client feedback about the Pearson PTE Academic Exam
• Changes to eligible complying investments for the Significant Investor Subclass 188C visa
• Recap of Work Visa Lawyers in China as part of the Shandong-South Australia Cooperation and Development Forum in May 2015

We hope you find the news video informative. Remember that you should seek advice of a Registered Migration Agent to find out your specific options. The situation and scenario of each individual may mean different visa application pathways.

Contact us today to find out more! Remember to subscribe and follow Work Visa Lawyers on YouTube, Facebook and Twitter to get immediate updates about the Australia migration programme.

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.

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.

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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

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