Seeking State or Territory Nomination

State and Territory Governments nominate intending migrants using SkillSelect, however each state or territory government has their own process for identifying and selecting migrants. We recommend that you contact the state or territory government you are seeking nomination from to discuss their requirements. 

Links to each of the state and territory governments are below.

Australian Capital Territory
www.canberrayourfuture.com.au/portal/migrating/article/skilled-visas/

New South Wales
http://www.business.nsw.gov.au/live-and-work-in-nsw

Northern Territory
http://www.migration.nt.gov.au/

Queensland
http://migration.qld.gov.au/

South Australia
https://www.migration.sa.gov.au

Tasmania
http://www.migration.tas.gov.au/

Victoria
http://www.liveinvictoria.vic.gov.au/visas-and-immigrating/state-nomination

Western Australia
Skilled visas
http://www.migration.wa.gov.au/skilledmigration

Business visas
http://www.businessmigration.wa.gov.au

Please contact Nevett Ford Lawyers (Melbourne) to speak to one of our 5 dedicated and experienced immigration lawyers if you require advice and assistance by telephone: 03 9614 7111 or by email at: rcurtisgriffiths@nevettford.com.au. We can assistw ith all of your General Skilled Migration requirements, including Expression of Interest, Skills Assessment & Visa application.

Legal advice and assistance is highly recommended.

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Points Test - General Skilled Migration (permanent residence)

Points Test - General Skilled Migration (Australian permanent residence)

For the points based skilled migration and business innovation and investment visa programs , you will be ranked according to the appropriate points test. You will be able to submit an EOI even if you do not meet the pass mark; however, you will not be invited to apply for a visa.

It is important to remember that meeting the points test pass mark does not guarantee you an invitation to apply for a visa.

If you select the subclass 190 or 489 visa(s) you will receive the appropriate points for nomination or sponsorship. For example if you select the 190 visa subclass you will receive 5 points which will be added to your points score. Your points score based on your claims in your EOI will then be displayed before you submit your EOI.

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What is an EOI (Expression of Interest)?

An EOI is not a visa application, it is an indication that you would like to be considered for a skilled visa.

You will be asked to provide a range of information in your EOI depending on the visa(s) you want to be considered for, such as:

• basic personal information
• nominated occupation
• work experience
• study and education
• level of English skills
• details of a Skills Assessment, related to your nominated occupation
• business and investment experience.

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HIV & the Australian visa health criteria

There are only limited circumstances in which people living with HIV can obtain a permanent visa for Australia.  These limited circumstances are where the 4007 health criteria apply to allow the visa applicant to request a waiver of the health criteria by demonstrating that the estimated cost, whilst significant, is not 'undue'.  This is done by showing that compelling and compassionate circumstances exist which warrant a waiver of the health criteria.

Please contact Nevett Ford Lawyers (Melbourne) to speak to one of our 5 dedicated and experienced immigration lawyers if you require advice and assistance by telephone: 03 9614 7111 or by email at: rcurtisgriffiths@nevettford.com.au.

Legal advice and assistance is highly recommended.

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Health waivers

A waiver of the need to meet the health requirement (a health waiver) is available for applicants of certain visa subclasses. The visa subclasses that have a health waiver available are grouped into four categories:

• Business Long Stay (457)
• Onshore Skilled
• Family and Non-Humanitarian
• Humanitarian.

A health waiver may only be exercised after a Medical Officer of the Commonwealth (MOC) has determined that the visa applicant does not meet the health requirement and where we are satisfied that the granting of the visa would be unlikely to result in undue costs or prejudice to access (health care and community services that are in short supply in Australia).

No health waiver is available where you have been found to have active tuberculosis, or another condition considered to be a threat to public health.

Health waivers for Business Long Stay (subclass 457) Visa applicants

A health waiver can be exercised for you or your dependants, if you have applied for a 457 visa and have failed to meet the health requirement on significant costs or prejudice to access grounds. The health waiver can be exercised if your Australian employer signs a 'nominator undertaking' agreeing to meet all the costs relating to the health condition that caused you, or your dependants, to fail to meet the health requirement. This waiver is referred to as a Public Interest Criteria (PIC) 4006A health waiver.

Health waivers for Skilled (Temporary Transition Stream of subclasses 186 and 187) visa applications

A skilled health waiver may be exercised for the Temporary Transition Stream of the Employer Nomination Scheme (subclass 186) and Regional Sponsored Migration Scheme (subclass 187) from 1 July 2012 where we are satisfied that the granting of the visa would be unlikely to result in undue costs or prejudice to access. Previously, a skilled health waiver was available for subclasses 846, 855, 856, 857 however these subclasses have now closed.

This waiver is referred to as a PIC 4007 skilled health waiver.

Note: Where the estimated health care and community service costs of the disease or condition are equal to or greater than AUD500 000 and/or prejudice to access has been identified, the department may refer your case to the Australian state or territory government agency in which you are residing, or intend to reside if your visa is granted, for a recommendation as to whether they would support a health waiver being exercised.
Health waivers for Family and non-Humanitarian visa applicant

A health waiver is available for certain family and non-humanitarian visas where we are satisfied that the granting of the visa would be unlikely to result in undue costs or prejudice to access. These waivers are referred to as a PIC 4007 Family and non-Humanitarian health waiver.

The health waiver process

You do not need to apply for a health waiver. If you are eligible for a health waiver the department will send you a letter advising that you, or your dependants, have failed to meet the health requirement and that a health waiver is going to be considered.

The letter will invite you to put forward additional claims and information in support of a health waiver being exercised.

Once your response has been received, the department will then assess your ability and the ability of any of your supporters to mitigate the potential costs and use of health care and community services, and any compassionate and compelling circumstances that would support a health waiver being exercised in your case.

Each health waiver is examined and determined on a case by case basis. The delegate will consider all the available information, including information you put forward in support of a health waiver.

In certain cases, this will include the opinion of the department's national office, or an Australian state or territory government agency (skilled health waivers only) which will be sought before a decision on whether to exercise a health waiver or not is made.

Factors that may be considered by the department in determining a health waiver include: 

·         That the nominated occupation is in demand or severe shortage, Australia-wide and in the jurisdiction/geographical area where they propose to reside;

·         That the family is already settled or proposes to settle in a remote, rural or regional area;

·         That the family's care obligations constrain their earning capacity or ability to fully deploy their skills or practice their trade/profession/occupation in the economy;

·         the skills and qualifications of the main visa applicant and their migrating family members;

·         the extent to which the visa applicant and/or their family may be able to mitigate potential costs/prejudice to access issues identified by a MOC;

·         the reasons why the family would find it difficult to return to their home country;

·         that it is very unlikely or impossible that the non-migrating member of the family unit who does not pass the health criteria will ever migrate to Australia;

·         the education and occupational needs of, and prospects for the applicant in Australia;

·         the potential for the applicant’s state of health to deteriorate, taking into account not only the known medical factors but also influences such as the strains of adjusting to a new environment, life-style, occupation etc (as applicable to the visa class and the individual).

Please contact Nevett Ford Lawyers (Melbourne) to speak to one of our 5 dedicated and experienced immigration lawyers if you require advice and assistance by telephone: 03 9614 7111 or by email at: rcurtisgriffiths@nevettford.com.au. 

Legal advice and assistance is highly recommended.

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Visa cancellation

A visa can be cancelled on grounds such as visa condition breaches or providing false information or documents to the Department of Immigration & Border Protection (DIBP). If your visa is cancelled on these grounds you can apply for a bridging visa, but you should speak to an immigration lawyer immediately and obtain advice.

A visa can also be cancelled on "character grounds" . This may be because you have a criminal record or otherwise deemed to be of 'bad character'. If your visa is cancelled on these grounds, you are not entitled to a bridging visa and you will be detained. Sometimes people who are in prison have their visas cancelled so that on the release date they are immediately placed in Immigration detention.

Prior to making a decision to cancel your visa on character grounds the Department of Immigration & Border Protection (DIBP) will write to you setting out the grounds of the cancellation and inviting you to respond.

Many types of visas can be cancelled including;

• Temporary working 457 visa
• Student visa
• Permanent visas including ENS 186 and RSMS 187 visas
• Spouse visa

Please contact Nevett Ford Lawyers (Melbourne) to speak to one of our 5 dedicated and experienced immigration lawyers if you require advice and assistance by contacting us by telephone: 03 9614 7111 or by email at: rcurtisgriffiths@nevettford.com.au.

Legal advice and assistance is highly recommended.

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Federal Magistrates Court - Migration Act 1958, jurisdictional error

The Federal Circuit Court (Formerly Federal Magistrates Court) of Australia (the Court) can review some decisions made under the Migration Act 1958. These include decisions made by the Minister for Immigration and Citizenship (the Minister), the Refugee Review Tribunal and the Migration Review Tribunal.

The people responsible for making decisions under the Migration Act include the Minister and the Members of the Refugee Review Tribunal and the Migration Review Tribunal (the decision makers). These decision makers look at the merits of your application and whether you should or should not be granted a visa.

The Court may only review a decision in order to determine if a ‘jurisdictional error’ has been made. This means the Court determines if the decision has been made according to law. The Court is independent of the decision makers. The Court does not consider the merits of your application and whether you should or should not be granted a visa.

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Review of Visa Decisions

If you are not satisfied with a visa decision you receive, you may be able to ask for the decision to be reviewed.

Not all decisions are 'reviewable decisions', but the department's decision-maker will advise you in writing if the decision is reviewable, and what steps you can take if you want to ask for a review.

• Most visa decisions with a right of review are reviewable by the Migration Review Tribunal (MRT).
• Decisions about deportation and citizenship are reviewable by the Administrative Appeals Tribunal (AAT).
• Decisions on onshore protection visa applications are reviewable by the Refugee Review Tribunal (RRT).

Business-related sponsorships and nominations for temporary business entry visas, and employer nominations for permanent entry, are reviewable by the MRT.

Visitor visa applicants intending to visit Australian citizen/resident relatives may have a review right – again a decision-maker will advise of what review rights are available.

Cancellation of subclass 200 (refugee) visas, where the holder is in Australia at the time of cancellation, may also be reviewable by the MRT.

Offshore humanitarian applicants do not have a review right, but applicants for onshore protection visas (using form 866) do have a right of review by the RRT.

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ACT Releases New Skilled Occupation List (SOL)

The Australian Capital Territory (ACT) has implemented an updated Skilled Occupation List (SOL) from 24 February 2014. The ACT currently only participates in the Skilled Nominated Visa Subclass 190 and extends sponsorship to applicants living in Australia and those residing overseas, subject to meeting certain specific criteria.

In addition to nominating an occupation which appears on the current ACT list, applicants are also required to satisfy a minimum level of English, demonstrate that there are suitable employment prospects for their occupation and provide evidence of their commitment to Canberra. Additional criteria apply for certain occupations which are classified as "limited" or "closed".

 

Prior to applying for state sponsorship with the ACT, or any other participating state/territory government, applicants must ensure that they are able to satisfy the visa criteria as set by the Department of Immigration & Border Protection (DIBP).

 

Please contact Nevett Ford Lawyers (Melbourne) to speak to one of our 5 dedicated and experienced immigration lawyers if you require advice and assistance with your Australian visa requirements - telephone: 03 9614 7111 or by email at: melbourne@nevettford.com.au.

 

Legal advice and assistance is highly recommended.

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Chinese Business Visitors now Eligible for Australian Three Year Multiple Entry Visas

On 7 February 2014 the Hon Andrew Robb MP, Minister for Trade and Investment, and the Hon Scott Morrison MP, Minister for Immigration and Border Protection announced the extension of entry visas for Chinese business visitors.

Chinese business visitors are now eligible for Australian three year multiple entry.

The changes to the business visitor visa stream were made after the Australian government's decision to grant increased seating capacity to Chinese airlines to help cater for increased demand during the busy Chinese New Year period in Australia.

According to the announcement, both Chinese business visitors and Australian tourism sector will benefit from the increased flexibility offered by new three-year multiple entry visitor visa. As Minister Rob said, the change would bring flow-on economic benefits to the tourism industry, including airlines, hotels, restaurants, the business events sector and other providers catering to Chinese visitors.

"Chinese business visitors will now be eligible to apply for a three year multiple entry visa, increasing the prospect of repeat visits to Australia, which would be warmly welcomed by our tourism sector" said Minister Robb.

"These changes will also support the government's ambitious trade and investment agenda and increase the opportunities to do business with China. Total Chinese investment in Australia grew more than eight-fold between 2002 and 2012, to $23 billion and we want to see stronger continued growth," he added.

Noting that China is the largest source of business visitors which represents 18.5 percent of all applications in the business visitor stream in the first quarter of 2013-2014, Minister Scott Morrison said that this is a significant opportunity to capitalize on this interest by making the process easier. He believes that such measures will help open up Australia for business while still maintaining visa integrity.

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NEW Queensland Skilled Occupation List (QSOL) - subclass 489 visa

New Queensland Skilled Occupation List (QSOL) for the Skilled Nominated (provisional) subclass 489 visas was introduced by Queensland Government on January 1, 2014.

 

Accordingly, the new list is made up of 151 occupations, including Poultry Farmer (ANZSCO 121321), Mathematician (ANZSCO 224112), Mine Deputy (ANZSCO 312913) and Hairdresser (ANZSCO 391111).

 

Eligibility requirements for Queensland's state nominated subclass 489 visa include but are not limited to:-

• Having an occupation on the QSOL for subclass 489;
• Having a positive skills assessment from the relevant Australian assessing authority;
• IELTS score of 6 or above (higher for certain occupations) (exemptions apply for United States, United Kingdom, Republic of Ireland, Canada and New Zealand passport holders);
• Meet eligibility criteria set out by the Department of Immigration & Border Protection (DIBP); and
• Currently working in regional QLD, have an offer of employment for 12 months in regional QLD, or have two years full time work experience (post qualification) in your nominated occupation.

Please contact Nevett Ford Lawyers (Melbourne) to speak to one of our 5 dedicated and experienced immigration lawyers if you require advice and assistance with your subclass 489 visa requirements - telephone: 03 9614 7111 or by email at: melbourne@nevettford.com.au.

Legal advice and assistance is highly recommended.

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457 visa - sponsorship, nomination & visa (subclass 457)

Key facts

• The subclass 457 programme is uncapped and driven by employer demand. This generally means employers will sponsor overseas workers more in times of high economic growth and low unemployment.
• Businesses can employ overseas workers for up to four years in skilled occupations only.
• Businesses are required to demonstrate that the nominated position is genuine.
• Businesses must meet (or commit to meet) the prescribed training benchmarks for the programme, which requires an ongoing commitment to training activities for Australian citizens and permanent residents, and continue to meet these requirements for the term of the sponsorship. Records of training and related expenditure must be provided as evidence.
• Strong worker protection measures are in place to ensure that overseas skilled workers are provided the same workplace rights as Australian citizens.

How to apply

To sponsor an employee from overseas under the subclass 457 visa programme, the following three stages are required:

• Sponsorship—the employer applies for approval as a standard business sponsor. This is required to nominate an occupation for a subclass 457 visa.
• Nomination—the employer nominates an occupation for a prospective or existing subclass 457 visa holder.
• Visa application—the person nominated to work in the nominated occupation applies for the subclass 457 visa. This is the final step to obtaining a subclass 457 visa.

Employers (sponsorship)

To become a standard business sponsor, a business must apply to the department.

There are several requirements for employers to become an approved standard business sponsor. These include that the business:

• must be lawfully operating in or outside Australia
• must meet (or commit to meet) the training benchmarks for the programme and continue to meet these requirements for the term of the sponsorship
• must have a direct employer-employee relationship (if the business is outside Australia)
• must not on-hire skilled workers (unless the occupation is exempt)
• or persons associated with the business, do not have adverse information known to the department
• once approved, must comply with all sponsor obligations
• must attest to a strong record of, or a demonstrated commitment to:
  
  • employing local labour
  • non-discriminatory employment practices.

Employers (nomination)

Nomination is when an approved sponsor identifies a position to be filled by an overseas skilled worker.

There are several requirements to nominate a position to be filled by an overseas skilled worker. These include:

• the business must be an approved sponsor, have lodged a sponsorship application or applied for sponsorship at the same time as the nomination application
• the business must demonstrate a genuine need for the nominated position in their business
• the nominee must be an existing subclass 457 visa holder, an applicant for a subclass 457 visa holder or a proposed applicant for a subclass 457 visa
• the position must relate to an eligible occupation on the Consolidated Skilled Occupations List
• labour market testing must have been undertaken unless the occupation is exempt
• the position must have equivalent terms and conditions of employment that would be provided to an Australian who performs the same duties in the same location—this is known as the market salary rate.

Employees (visa applicants)

Overseas skilled workers and any dependants must apply for and be granted a visa to travel to, or remain in Australia. It’s important to note that a subclass 457 visa application cannot be processed if your application is not supported by an approved sponsor and an approved nomination.

Subclass 457 visa holders can:

• work in Australia for a period of between one day and four years
• bring any eligible dependants with them to Australia—dependants can work and study
• after entering Australia, have no limit on the number of times they can travel in and out of Australia, while their visa remains valid.

There are several requirements that prospective visa applicants must meet to be granted a visa. These include:

• a demonstrated minimum English language ability (some exemptions apply)
• skills and experience necessary to perform the nominated occupation (a skills assessment may be required)
• adequate health insurance must be arranged for the period of stay in Australia
• genuine intention must be shown to perform the nominated occupation
• standard visa requirements such as character and health checks together with a declaration concerning Australian values and laws must be met.

Please contact Nevett Ford Lawyers (Melbourne) to speak to one of our 5 dedicated and experienced immigration lawyers if you require advice and assistance with your subclass 457 visa requirements - telephone: 03 9614 7111 or by email at: rcurtisgriffiths@nevettford.com.au. 

Legal advice and assistance is highly recommended.

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Migration Review Tribunal (MRT)

The Migration Review Tribunal (MRT) and Refugee Review Tribunal (RRT) conduct merit reviews of visa and visa-related decisions made by the Australian Department of Immigration & Border Protection (DIBP).

"Merits review" is an administrative reconsideration of a case. A merits review body makes decisions within the same legislative framework as the primary decision maker, and may exercise all the powers and discretions conferred on the primary decision maker.

• MRT: Reviews a wide range of decisions in relation to visas other than protection visas
• RRT: Reviews decisions in relation to protection visas.

The tribunals are usually constituted by a single member. The tribunals have the power to affirm the primary decision made by the Department of Immigration & Border Protection (DIBP), vary the primary decision, set aside the primary decision and substitute a new decision, or remit (return) a matter to the department for reconsideration with specific directions.

In reviewing a decision to refuse or cancel a visa, the tribunals are required to conduct a merits review that is ‘independent, fair, just, economical, informal and quick’. We aim to make the correct decision in individual cases, and to influence decision-making through quality and consistency of our decisions.

Please contact Nevett Ford Lawyers (Melbourne) to speak to one of our 5 dedicated and experienced immigration lawyers if you require advice and assistance with your appeal case at the Migration Review Tribunal - telephone: 03 9614 7111 or by email at: rcurtisgriffiths@nevettford.com.au. 

Legal advice and assistance is highly recommended.

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Partner Visas 

If you are married to an Australian citizen, Australian permanent resident or eligible New Zealand citizen, plan to marry one, or you are in a in a relationship with one, you can apply for and obtain an Australian immigration partner visa.

The applicant must be sponsored by their Australian independent or de-facto partner aged over 18 years, and the sponsorship must be for a minimumperiod of 2 years.

General requirements for Australian partner visas are:

• The sponsorof the applicant must be an Australian permanent resident, Australian citizen, or eligible New Zealand citizen.
• Both the applicant and the sponsor must be aged over 18 years.
• The applicant must be married to or in a relationship with the sponsoring partner for at least 12 months.
• A satisfactory proof that the relationship or the marriage is genuine, e.g. that you live together, that the relationship is strong and there is mutual commitment. This happens usually by attending an interview and providing documentation including photos, joint bank statements etc.

There are 2 types of partner visa: Temporary partner visa and Permanent partner visa.

Temporary Partner Visa
If you have applied for a partner visa while outside Australia, you must be outside Australia when you receive the temporary partner visa.

If you have applied for a visa while in Australia, you must be in Australia at the time you receive the temporary partner visa.

If you have been granted a temporary partner visa, you:

• Are allowed to travel in and out of Australia until a decision about your permanent partner visa is made.
• Can work and live in Australia with your partner.

Permanent Partner Visa
If you have applied for a permanent partner visa while outside Australia, you are allowed to be in Australia or outside Australia when you receive your permanent visa.

If you have applied for permanent partner visa while in Australia, you must be in Australia when you receive your permanent visa.

In most cases, permanent residence cannot be granted prior to two years from the time you have applied. However, you can get a permanent visa without having to wait for two yearsif at the time you apply you meet certain criteria.

The waiting period (of 2 years) for permanent residence can be revoked if at the time you have applied:

• You have been together (in a relationship) with your partner for 5 years or more (as a de facto partner or married ); or
• You and your partner have been in married or in a de facto relationship for 2 years and have children.

Partner Temporary Visa and Permanent Visa (Subclass 820 and 801)
If you are onshore in Australia living with your partner in a de-facto relationship or marriage with eligible Australian Resident, Citizen or New Zealand citizen, you can apply for the Subclass 820/801 Partner Visa.

This visa will allow you to remain in Australia:

• on temporary basis (usually for a waiting period of two years from the date you applied for the visa)
• on permanent basis if, after the waiting period (if applicable), you are still in a relationship or married to your partner (the relationship exists) and you are still eligible for this visa.

Partner Temporary Visa and Permanent Visa (Subclass 309 and 100)
If you are offshore (outside Australia) and want to be with your partner in Australia, you can apply for the Subclass 309/100 Partner Visa.

This visa allows you to enter and remain in Australia living with your partner:

• on temporary basis (usually for a waiting period of two years from the date you applied for the visa)
• on permanent basis if, after the 2 years waiting period you are still in relationship/marriage with your partner and eligible for this visa.

The visa fees depend on the type of visa you apply for.

All the general visa requirements, such as health & character clearance, Australian values statement, minimum age of 18 years etc. must be met in order to lodge a visa application.

Please contact Ryan Curtis-Griffiths, Director at Nevett Ford Lawyers if you require advice and assistance - telephone: 03 9614 7111 or by email at: rcurtisgriffiths@nevettford.com.au.

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What is the one year relationship requirement? De facto partner visa

What is the one year relationship requirement?

The "one year de facto relationship requirement" is a criterion that must be met by applicants for the following visas who claim to be in a de facto relationship:

• a permanent visa
• a business skills (Provisional) (Class UR) visa
• a business skills (Provisional) (Class EB) visa
• a student (Temporary) (Class TU) visa
• a partner (Provisional) (Class UF) visa
• a partner (Temporary) (Class UK) visa
• a general skilled migration visa.

To satisfy this requirement, the couple must demonstrate that they have been in a de facto relationship for at least 12 months before the visa application is made. For migration purposes, a person is in a de facto relationship with another person if they:

• are not married to each other
• have a mutual commitment to a shared life to the exclusion of all others
• are in a genuine and continuing relationship
• live together or do not live separately and apart on a permanent basis
• are not related by family.

Living together

Living together is regarded as a common element in most on-going relationships. It is recognised that, for various reasons, couples may sometimes have to live apart. Provided the separation is temporary and the couple had, at some point since commencement of the relationship lived together, their relationship might still satisfy the requirements of a de facto relationship.

For this reason, the one year relationship criterion does not require the couple to have physically lived together for the entire 12 months, but rather to have been in a de facto relationship for that period.

Partners who are currently not living together may be required to provide additional evidence that they are not living separately and apart on a permanent basis in order to satisfy the requirements of a de facto relationship.

What evidence is considered?

When submitting evidence of a de facto relationship, applicants must be able to demonstrate that their relationship has existed for at least one year before the application is made. Evidence may include but is not limited to:

The history of the relationship through a signed statement regarding:

• how, when and where the couple first met
• how the relationship developed
• the couple's domestic arrangements, that is, how they support each other financially, physically and emotionally and when this level of commitment began
• any periods of separation, when and why the separation occurred, for how long and how the couple maintained their relationship during the period of separation
• the couple's future plans.

Financial aspects of the relationship, such as:

• joint ownership of the house or joint names on a lease
• correspondence addressed to the couple at the same address
• details of financial commitments including bank statements, and any joint liabilities.

The nature of the household, such as:

• any joint responsibility for the care and support of any children
• the couple's living arrangements including sharing responsibilities within the home.

Social context, such as:

• evidence that the couple is generally accepted and recognised as a couple socially such as joint invitations
• evidence of common friends
• assessments by the couple's friends and family of the relationship
• joint travel or joint participation in sporting, social or cultural activities.

The couple's commitment to each other, such as:

• the duration of the relationship including knowledge of each other
• intention to have a long term relationship, for example, through terms of their wills
• correspondence and telephone accounts to show that the couple maintained contact during any periods of separation.

Exemptions from the one year relationship requirement

The one-year relationship requirement does not apply if the applicant can establish that:

• there are compelling and compassionate circumstances for the grant of the visa, for example, there is a child of the relationship
• the relationship is registered under a law of a state or territory prescribed in the Acts Interpretation (Registered Relationships) Regulations 2008 as a kind of relationship prescribed in those regulations
• their partner is, or was the holder of a permanent humanitarian visa and, before the humanitarian visa was granted, was in a de facto relationship with the applicant that was declared to the department at the time
• their partner is an applicant for a permanent humanitarian visa.

Please contact Ryan Curtis-Griffiths, Director at Nevett Ford Lawyers if you require advice and assistance - telephone: 03 9614 7111 or by email at: rcurtisgriffiths@nevettford.com.au.

Legal advice and assistance is highly recommended.

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Australian Computer Society (ACS) - changes

The Australian Computer Society (ACS) have announced that, from 15 January 2014, skills assessments issued to recent Australian graduates will only be valid for the purposes of a Temporary Graduate Visa (Subclass 485) application. Recent graduates wishing to obtain a full skills assessment for a GSM application (Subclasses 189, 190 and 489) will need to demonstrate one year of post-qualification work experience relevant to their occupation or completion of a Professional Year (PYear) in Australia. The Professional Year program for recent Australian ICT graduates is also run by the ACS.

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Australian Computer Society (ACS) - vendor qualifications

The Australian Computer Society has made changes to its list of vendor qualifications that are acceptable for skills assessment for migration purposes. These vendor qualifications are considered equivalent to an Australian Diploma by the ACS and are worth 10 points in the GSM points test.

They also allow applicants to obtain a positive skills assessment from the ACS when accompanied by 5 or 6 years of work experience in the nominated occupation. The length of work experience required depends on the relevance of the vendor qualification to the occupation being nominated.

The vendor qualifications currently accepted by the ACS are:

Microsoft Certified Solutions Expert:
MCSE: Server Infrastructure
MCSE: Desktop Infrastructure
MCSE: Private Cloud
MCSE: Messaging
MCSE: Communication
MCSE: Sharepoint
MCSE: Data Platform
MCSE: Business Intelligence

Microsoft Certified Solutions Developer:
MCSD: Windows Store Apps
MCSD: Web Application
MCSD: Applications Lifecycle Management

Microsoft Certified Solutions Master:
MCSM: Data Platform
MCSM: Sharepoint
MCSM: Communication
MCSM: Messaging
MCSM: Directory Services

Cisco Professional:
Cisco Certified Network Professional (CCNP) - All tracks
Cisco Certified Design Professional (CCDP)
Cisco Certified Voice Professional (CCVP)
Cisco Certified Security Professional (CCSP)
Cisco Certified Internetwork Professional (CCIP)

Cisco Expert:
Cisco Certified Internetworking Expert (CCIE) - All tracks
Cisco Certified Design Expert (CCDE)

Cisco Architect:
Cisco Certified Architect (CCAr)

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Swiss citizens can use SmartGate

The Department of Immigration and Border Protection (DIBP) has issued a new legislative instrument that adds Swiss ePassports to the list of passports eligible to use SmartGate as of 11 November 2013.

This makes Switzerland the first non-English-speaking country whose citizens are able to use the automated border processing system in place in Australia and New Zealand.

The SmartGate system, which uses advanced facial recognition technology allowing travellers to self-process, was initially launched in August 2007 for the holders of Australian and New Zealand ePassports. Through later amendments, USA passport holders have been able to use SmartGate since 12 October 2012 and UK passport holders since 17 June 2013.

Holders of USA, UK and Swiss passports need to hold an appropriate visa in order to be able to enter Australia. New Zealand passport holders are able to live and work indefinitely in Australia and are not required to obtain a visa in advance provided that they have no significant health or character issues.

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Israelis can apply for Visitor Visas online

The Department of Immigration and Border Protection (DIBP) has amended the legislative instrument that lists the passports eligible to apply for a Visitor Visa (Subclass 600) online. This facility was rolled out progressively starting from 12 June 2013.

In addition to passports already eligible, passport holders from Israel will be able to apply for a Visitor Visa online from 14 November 2013.

There are currently a total of 73 passports that are eligible. You can see the list of currently eligible passports at: http://www.immi.gov.au/e_visa/600.htm

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Labour Market Testing - 457 visas

The Department of Immigration and Border Protection (DIBP) has released the details of the Labour Market Testing (LMT) requirements which will apply to certain nominations made for a Subclass 457 visa from 23 November 2013.

The detailed policy lists occupations for which LMT will be required as well as setting out the exemptions that will apply based on Australia's international trade obligations.

Employers wishing to nominate applicants for a Subclass 457 visa will need to demonstrate evidence of having conducted LMT if a particular occupation is not specifically exempted and if an exemption is not otherwise available based on Australia's international trade obligations.

All professional and managerial occupations with the exception of nursing and engineering roles have been exempted from LMT requirements. By contrast, evidence of LMT will need to be provided for all trade occupations and most associate professional roles unless otherwise exempt as noted above.

If you have any questions or require advice, please contact us by telephone: 03 9614 7111 or by email: rcurtisgriffiths@nevettford.com.au

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No more Decision Ready applications

The Department of Immigration and Border Protection (DIBP) has sent a notification to all registered migration agents confirming that the 'Decision Ready' facility for permanent employer-sponsored visas has been removed.

While the Department's e-mail was dated 2 January 2014, the notification confirmed that the facility had been remeved as from late December 2013. The 'Decision Ready' facility was available only to registered migration agents and applications submitted in this way were prioritised above others.
In practice, the processing times for 'Decision Ready' applications had been suffering for some time and were not entirely different from non-Decision Ready cases.

From this points onwards, all applications lodged under the Employer Nomination Scheme (ENS)(Subclass 186) and Regional Sponsored Migration Scheme (RSMS)(Subclass 187) visa programmes will be queued and allocated by date of lodgement with the Department.

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South Australia State Nomination Occupation List (SNOL)

There have been further changes to the status of certain occupations listed on South Australia's State Nomination Occupation List (SNOL).

South Australia’s list is a ‘live’ document prepared based on the planning levels set for each occupation by the State Government. When an occupation’s planning level is reached, it is no longer available for nomination although special conditions apply to former or current South Australian graduates.

The four principal headings in the list are as follows:

High Availability – High number of places available based on South Australia’s planning levels

Medium Availability – Reasonable number of places available based on planning levels

Low Availability – Limited places available as planning levels are close to being reached

Special Conditions Apply – Planning level reached and only South Australian graduates can apply
The list is a ‘live’ document and, as such, occupations move from High Availability downwards as the migration year progresses (starting in July and ending in June).
Below is a breakdown of some of the recent changes.

High Availability to Medium Availability
139913 Laboratory Manager
221111 Accountant (General)
232611 Urban and Regional Planner
234112 Agricultural Scientist
261212 Web Developer
331111 Bricklayer

Medium Availability to Low Availability
223112 Recruitment Consultant
411411 Enrolled Nurse
411711 Community Worker

Low Availability to Special Conditions Apply
149914 Financial Institution Branch Manager
233211 Civil Engineer

Currently Not Available
In addition to the above, a number of occupations which are close to reaching their national ceiling set by the Department of Immigration and Border Protection (DIBP) are not currently available for South Australian state nomination. The Department has a limited number of places available for these occupation for the rest of the 2013-14 migration year. It is expected that the DIBP will notify states and territories in December as to whether there are any additional places available for these particular occupational groups for state nomination and will allocate them new quotas if applicable.

The occupations that are currently not available for nomination by South Australia are:

233111 Chemical Engineer
233911 Aeronautical Engineer
233913 Biomedical Engineer
233915 Environmental Engineer
233999 Engineering Professional (nec)
261111 ICT Business Analyst
261112 Systems Analyst
261313 Software Engineer
263312 Telecommunications Network Engineer

The complete list is available at https://www.migration.sa.gov.au/SNOL_data.

If you believe you meet the requirements please contact us on: 03 9614 7111 or by email: melbourne@nevettford.com.au to discuss your eligibility with a qualified immigration lawyer.

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Western Australia State Sponsorship

The Western Australian government has advised that it will release the new criteria for its state nomination process on 1 March 2014.

Until then, the 2012-13 State nomination criteria will remain in place.

Applicants who receive an invitation to apply for State nomination before the release of the new criteria will not be affected.

Western Australia's complete state nomination list can be seen at:

 

http://www.migration.wa.gov.au/skilledmigration/Pages/Occupationsindemand.aspx

 

If you believe you meet the requirements for an occupation on the list or simply want to find out if you qualify for migration to Australia, please contact us on: 03 9614 7111 or by email at: melbourne@nevettford.com.au

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Singapore citizens can now use SmartGate

The Department of Immigration and Border Protection (DIBP) has issued a new legislative instrument that adds Singapore ePassports to the list of passports eligible to use SmartGate as of 24 February 2014.

This makes Singapore the first country in Asia whose citizens are able to use the automated border processing system in place in Australia and New Zealand.

The SmartGate system, which uses advanced facial recognition technology allowing travellers to self-process, was initially launched in August 2007 for the holders of Australian and New Zealand ePassports. Through later amendments, USA passport holders have been able to use SmartGate since 12 October 2012, UK passport holders since 17 June 2013 and Swiss passport holders since 11 November 2013.

Holders of USA, UK, Swiss and Singapore passports need to hold an appropriate visa in order to be able to enter Australia. New Zealand passport holders are able to live and work indefinitely in Australia and are not required to obtain a visa in advance provided that they have no significant health or character issues.

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