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...
Thursday, 27 February 2014
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
Wednesday, 26 February 2014
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...
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...
Partner Visas
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,...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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