Age Limit for 189 Visa Points Tested Stream Lowered to 45 Years

Recent legislation has lowered the age limit at the time of invitation for subclass 189 points tested independent skilled visas to 45 years, requiring an applicant to be under 45 years of age at the time of invitation in order to make a valid application for this visa under the points tested stream.


Transitional arrangements in the legislation still allow for a person over 45 but below 50 to respond to an invitation if the invitation has already been issued by DIBP, however it is anticipated that with the passage of the new legislation, no further invitations will be issued to applicants who are 45 years of age or older for the points tested stream of this visa.


While the age has been lowered for applicants for the points tested stream of the subclass 189 visa, there is no age limit for the new NZ stream of the subclass 189 visa which NZ citizens holding a subclass 444 visa may be eligible for after being usually resident in Australia for 5 years and meeting income requirements.


Contact Nevett Ford Lawyers Melbourne today for advice and assistance.

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State of Victoria - Temporary closure in skilled applications for ICT occupations

Temporary closure in skilled applications for ICT occupations

Due to a large volume of skilled visa nomination applications received, applications for Information and Communications Technology (ICT) occupations will not be accepted from 11 November 2016 to 6 March 2017.  The closure will be for a period of four months, however further updates will be provided should this be extended. The occupations affected by the temporary closure are: 135112   ICT Project Manager 261111   ICT Business Analyst 261112   Systems Analyst 261311   Analyst Programmer 261312   Developer Programmer 261313   Software Engineer 261314   Software Tester 261399   Software and Applications Programmers nec 262111   Database Administrator 262112   ICT Security Specialist 263111   Computer Network and Systems Engineer This temporary closure will allow processing of all outstanding applications and reduce the risk of delay for future applicants.    All applications currently in process, and received prior to this date, will be assessed against current guidelines and an outcome will be provided in due course.  Applications for all other occupations eligible for Victorian Government visa nomination remain open. Note: Applicants applying under the streamlined PhD and 457 pathways are not affected by this closure and may apply with these ICT occupations during this time.

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Closed Occupations on the WA state Skilled Occupation List (SOL)

The following occupations on the Western Australian skilled migration occupation list are now closed:

• ANZSCO 233213 Quantity surveyor

• ANZSCO 234411 Geologist.

If your occupation is closed, you will not receive an invitation to apply for State nomination. If you have already received an invitation, your application will not be a-ected. See the Western Australian skilled migration  occupation list page for all available occupations.

Note that the WA government have also announced that they will not be making any changes to their sponsorship criteria for 489 and 190 state sponsored visas for the 2016/17 program year. Therefore, work experience etc is still required.

(Source: WA State Government)

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New Skilled Occupation List (SOL) released for 2016 / 17

The Department of Immigration & Border Protection (DIBP) has announced the New Skilled Occupation List (SOL) for subclass 485, 189 and 489 (family sponsored) visa applications. 

They have also released the Consolidated Sponsored Occupation List (CSOL) which is used for subclass 457, 186 and 190 applications.

The following occupations have been removed from the SOL - Petroleum and Mining Engineer, Metallurgist, Mining Engineer, Dental Hygienist, Dental Prosthetist, Dental Technician, Dental Therapist, Environmental Health Officer, Occupation Health and Safety Advisor. 

The occupations of Orthotist or Prosthetist and Audiologist have been added to the SOL.

There have not been any exclusions from the combined lists that make up the COSL and so no changes to the subclass 457 and 186 eligibilities.

The skilled list that will be used from RSMS / 187 (direct entry) applications from 1 July 2016 has not yet been released.

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ICT occupations – offshore applicants (Immigration South Australia)

From 4 July 2016, Immigration South Australia  (SA) will require offshore applicants for ICT occupations that appear on the Skilled Nominated Occupation List (SNOL) to have a minimum of 70 points (including state nomination points) on the Department of Immigration and Border Protection 'points test'. This will apply to any occupation involving a skills assessment from the Australian Computer Society (ACS).

The 70 point requirement will be reviewed during July/August and the requirement may be reduced to 65 points and then 60 points depending on the number of applications received. Immigration SA will provide notice of seven (7) calendar days advising of any changes to the points required.

ICT occupations – working in South Australia / South Australian graduate
The 70 points requirement does not apply if you are:

• currently working in a skilled occupation in South Australia; or
• if you are applying under the international graduate of South Australia category.

In these cases, a minimum of 60 points is required (including state nomination points). 

489 provisional visa
A small number of occupations appearing on the State Nominated Occupation List and Supplementary Skilled List will only be available for a 489 provisional visa. This will be displayed against the occupation on the relevant list from 4 July 2016. Applicants should ensure that they are aware of the work and residency requirements of this visa. 





Nevett Ford Lawyers can assist with all Australian visa applications.

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ACT Skilled Occupation List (SOL) Updated

The ACT Occupation list for Subclass 190 sponsored visas has been updated today.

Changes in skills needs in the ACT has allowed for a large number of occupations to be opened and 2 have been closed.

The occupations of child care centre manager and panel beater have been closed.

Thirty four new occupations have been opened in the communications, construction, finance, hospitality, and nursing.

Contact Nevett Ford Lawyers Melbourne for further information, advice and assistance.

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South Australia to recognise highly performing international graduates

Immigration South Australia (SA) is making it easier for talented international graduates of South Australian public universities to qualify for state nomination through the "high performing graduate" category.

Immigration SA offers state nomination to international graduates of South Australia who meet state and federal government requirements for a 190 or 489 General Skilled Migration (GSM) visa.

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Western Australian skilled migration occupation list (WASMOL)

Applicants who have an occupation identified on the Western Australian skilled migration occupation list (WASMOL) may be eligible for Western Australian State nomination using the following visas:

 

Skilled Nominated visa (subclass 190) or Skilled Regional (Provisional) visa (subclass 489).

 

State nomination applicants will have to compete with all potential employees in the Western Australian labour market to secure any available or advertised position.

For occupations which require licensing or registration before being permitted to work in Western Australia, a positive skills assessment and State nomination does not guarantee you will meet the licensing or registration requirements of the relevant licensing or registration authority.  Those considering applying for Western Australian nomination are advised to check with the appropriate licensing or registration authority to verify their suitability for licensing or registration.

 

Occupations may have the following status.

Available = occupation is available for nomination
Restricted = occupation is under review and invitations will not be issued pending the outcome of the review
Closed = occupation is closed for invitations

 

Occupations are categorised as schedule 1 or schedule 2.

 

The occupations identified on WASMOL do not relate to any specific job vacancies, nor represent any guarantee of a job, but rather identify occupations that are considered a priority for the State. It is recommended that you research employment opportunities in Western Australia (in your occupation) before making the decision to migrate.

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NSW to increase Subclass 190 nominations

The NSW Department of Industry has advised that they have recently begun issuing invitations for the 190 State Nomination visa.  While the rate of nominations since July 2015 has been limited, NSW anticipates nominating another 4,000 skilled candidates for the 190 visa in 2015-16 with a ramp up of invitations in the coming months. 

NSW Department of Industry will increase the rate of nominations in the coming months with a total annual target of 4000 places to be filled by June 2016. The annual target is the same as originally advised in July 2015. 

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Immigration South Australia - New state occupation list

New State Occupation List 
Immigration SA will be publishing a revised South Australian State Occupation List on 1 July 2015.

Occupations that are not available on the State Occupation List will be listed on the Supplementary Skilled List and are available to applicants who meet additional requirements. The Supplementary Skilled List reflects all occupations available on the Commonwealth’s Consolidated Sponsored Occupations List (CSOL) that are not listed on South Australia’s State Occupation List. 

190/489 application system closing temporarily 
The application system will be closed down at 1 pm on 30 June 2015 and re-opened at 12 pm on 1 July 2015. 

Saved applications and applications submitted but no payment made
If you have a saved 190 or 489 state nomination (GSM) application or an application submitted with no payment made, you will need to submit the application and make the payment before 1 pm (South Australian time) on 30 June or submit a completely new application from 12 pm on 1 July.

All saved applications and applications which have been submitted (but no payment made) will be deleted at 1 pm on 30 June 2015. 

English requirements 

There will be some changes to English requirements for occupations and we would like to give you advance notice of changes to the following occupation groups:

• ICT occupations – Proficient English in each band score (or an overall score of Proficient Plus – i.e. IELTS 7.5 overall). 
• Engineering occupations – Competent Plus English (or an overall score of Proficient i.e. IELTS 7 overall). 

There will be changes to the English requirements for other occupations. Please check the occupation lists on July 1 2015 for details. 

State nomination requirements
All applications from July 1 2015 must meet the new requirements published. 

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ACT closes subclass 190 overseas nominations

ACT nominations for overseas Subclass 190 visas are closing for 2014/15 for overseas applicants.

As at 5pm AEST Friday 3 April 2015, all overseas applications for ACT nomination of a visa subclass 190 will be closed. The ACT program targets for the Skilled Nominated Visa (190) have been met for the 2014/15 financial year.

If applicants are living overseas, they are not able to apply for ACT nomination of a Skilled Nominated visa (subclass 190) until the program reopens on 1 July 2015.

Applicants living in Canberra and working in a skilled occupation, they are still able to apply for ACT 190 nomination providing they meet the current nomination criteria.

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ACT - Skilled Occupations List (SOL) Updated for Subclass 190 visa applications

ACT - Skilled Occupations List (SOL) Updated for Subclass 190 visa applications

ACT Small Business and Skills has provided updates on the ACT skilled occupation lists (SOL) and other relevant information.

The status of the following occupations changed to closed: 

• All medical specialists (except General Practitioners) 
• surveyors 
• engineers
• complimentary health therapists 
• optometrists
  
  

The status of the following occupations changed to open:

• mechanics
• welfare workers
• building associates
• plumbers

 The open status of the following occupations remains unchanged:

• child care centre managers
• general practitioners
• retail pharmacist
• early childhood teachers 
• architects 
• medical imaging 
• registered nurses 
• panel beaters 
• psychologists 

The ACT 190 visa ‘nomination guidelines’ have also been updated.  In summary, the ACT Skilled Migration Program will give preference to Canberra residents, or their immediate family living overseas who can demonstrate good employment prospects. 

For example:

• Canberra residents / graduates may apply for ACT nomination if they are employed in a skilled occupation regardless of whether the occupation is open or closed.   
• Interstate graduates are required to be working in Canberra in their nominated occupation for at least 6 months before they can apply.
• Overseas applicants may only apply for ACT nomination if their occupation is open and they can demonstrate employability. If their occupation is closed, they must either have a job offer or have immediate family members living in Canberra and demonstrated employability.

 

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Subclass 189, Subclass 190 & Subclass 489 visas - GENERAL SKILLED MIGRATION

GENERAL SKILLED MIGRATION VISAS

SUBCLASS 189, SUBCLASS 190, SUBCLASS 489

This is a permanent residency visa for people who have skills that are in shortage in the Australian labour market. Eligible candidates for this visa are must pass a points test in order to be eligible.

There a three visa subclasses that fall into this category all of which require the same basic requirements:

• be at least 18 years of age or over and younger than 50 years of age at time of invitation
• be assessed as having at least competent English language ability
• nominate an occupation on the skilled occupations list (SOL) or;
• consolidated sponsored occupations list (CSOL) (state or territory nominated only)
• obtain a suitable skills assessment in the nominated occupation
• meet the points test pass mark of 60 points
• meet the health and character requirements

Subclass 189 visa

• Skilled Migrant visas are for people who have skills that are in shortage in the Australian labour market. Eligible candidates for this visa must pass a points test in order to be eligible.
• Permanent residency visa that will allow all applicants to live, work and study anywhere in Australia.
• Applicants must nominate an occupation on the skilled occupations list (SOL) to be eligible for this subclass.

Subclass 190 visa

Permanent residency visa which requires nomination from a state or territory. Applicants must nominate an occupation on either skilled occupations list (SOL) or consolidated sponsored occupations list (CSOL) to be eligible for this subclass. Approved applicants must intend to live, work and study in the nominating state or territory for 2 years on arrival.

 

Subclass 489 visa

This is a temporary residency visa valid for 4 years. Applicants will require either nomination from a state or territory, or be sponsored by an eligible Australian citizen, Australian permanent resident or eligible New Zealand citizen relative. Eligible candidates for this visa are must pass a points test in order to be eligible.

If nominated by a state or territory; approved applicants you must live, work and study in a specified regional area in order to comply with the visa conditions.

If sponsored by an eligible relative, approved applicants you must nominate an occupation on the skilled occupations list (SOL) and must live, work and study in a designated area in order to comply with the visa conditions.

Holders of the Skilled Regional Nominated/Sponsored Visa (subclass 489) may be eligible to apply for permanent residency visa, should they be able to satisfy the criteria for the Skilled Regional (Residence) visa (subclass 887).

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New South Wales (NSW) - State Nomination (Subclass 190) Visa Update - February 2015

The NSW government has provided more information on how the state nomination process for the Skilled Nominated Subclass 190 visa will work from February 2015.

NSW will be moving away from the online lodgement system they have used for the last two invitation rounds for 190 visas.

 

Instead, applicants will need to lodge an Expression of Interest (EOI) through SkillSelect. NSW then selects applicants from SkillSelect, and invites selected candidates to make an application for NSW Nomination.

What will the Application Process Be?

It is understood that the process will be as follows:

1. Expression of Interest (EOI): the applicant lodges an EOI through SkillSelect and indicates that they wish to be nominated by NSW for a 190 visa.
2. Invitation by NSW: NSW will then rank applicants and select certain applicants to then lodge a nomination through NSW. We understand that applicants must lodge a nomination within 14 days of receiving an invitation from NSW.
3. NSW Nomination Application: NSW will then take approximately 12 weeks to process the nomination. The applicant will need to be able to provide evidence of the points claimed in the EOI - for instance, skills assessment, English language ability, work experience. Once the NSW nomination is approved, applicants will receive an EOI invitation through SkillSelect to apply for a subclass 190 visa.
4. 190 Visa Application: Once invited through SkillSelect, applicants have 60 days to lodge their application for a 190 visa. This usually takes approximately 4 months to be processed.

Which Occupations are Eligible?

To be eligible for NSW state nomination, you must have a positive skills assessment in an occupation on the NSW Occupations List. The NSW Occupations List is due to be updated in the first week of February 2015. The NSW Occupations List previously included all occupations on the Skilled Occupations List (SOL), but it is understood that there may be some changes to the NSW Occupations list.

Further information will be provided once another update about the NSW Occupation List is provided.   

Will a Quota Apply to Occupations?

At this point, there is no mention of any quota applying to specific occupations for NSW Nomination.

How Will NSW Select Applicants for Nomination?

New South Wales (NSW) will search SkillSelect for applicants who have lodged an EOI and indicated that they wish to be nominated by NSW for a 190 visa. They will then rank applicants and select the highest ranked ones to invite to apply for NSW nomination.

It is understood that NSW will rank applicants based on the following criteria:

1. Nominated Occupation: you must have an occupation on the NSW Occupations List
2. Points Score: applicants will be ranked higher if they have a higher points score. The minimum score for the 190 visa is 60, including the 5 points for NSW state nomination
3. English Language Ability: if two applicants have the same points score, the one with better English will be ranked higher
4. Work Experience: in the case of two applicants having the same points score and English language ability, the one with more skilled work experience will be ranked higher

When Will NSW Invite Applicants for State Nomination?

NSW has indicated that it will be inviting applicants between February 2015 and June 2015.

Whilst we do not have any specific information from NSW on timing, the following is likely based on the information available:

• When NSW will start inviting applicants: most likely, they will start inviting a small number of applicants in February to test the new system
• How often NSW will invite applicants: we expect that NSW would review applications every month or so and invite applicants for state nomination fairly regularly so that they can meet their State Migration Plan numbers

 

 

 

 

 

 

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Subclass 190 Anomaly - English at time of invitation and application

An anomaly has been identified in the SC 190 regulations. Reg 190.213 requires the applicant to have Competent English at the time of INVITATION. However, the definition of Competent English at Reg 1.15C requires the applicant to also have a valid English language test result at time of APPLICATION.

If the validity of an applicant's test result expires between the time of invitation and the time of application lodgement, they will not meet the requirement for Competent English and the visa will be refused.

The Department is aware of the anomaly and are moving to rectify it, but this will take some time.

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Skills assessment validity period - 3 years from the date of issue

Following amendments to the Migration Regulations 1994, from 1 July 2014, if a skills assessment is mandatory as part of a visa application, it will only be valid for a period of 3 years from the date of issue, unless a shorter validity period is specified on the assessment.

A skills assessment must be valid at the time of lodgement for the following visas:

• Direct Entry stream of the Employer Nominated Scheme (subclass 186) visa;
• Direct Entry stream of the Regional Sponsored Migration Scheme (subclass 187) visa; and
• Graduate Work stream of the Temporary Graduate (subclass 485) visa.

A skills assessment must be valid at the time of invitation to apply through SkillSelect for the following visas:

• Skilled—Independent (subclass 189) visa;
• Skilled—Nominated (subclass 190) visa; and
• Skilled Regional (Provisional) (subclass 489) visa.

These changes do not affect the Temporary Work (Skilled)(subclass 457) visa.

 

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