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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Changes to the Subclass 457 Visa program

Temporary Skill Shortage Visa (TSS visa) The Temporary Work (Skilled) (subclass 457) visa will be replaced with the completely new Temporary Skills Shortage (TSS) visa in March 2018.   Occupation lists: The occupation lists that underpin the 457 visa have been significantly condensed from 651 to 435 occupations, with 216 occupations removed and access to 59 other occupations restricted. The Consolidated Sponsored Occupation List (CSOL) is renamed as Short-term Skilled Occupations List (STSOL) and will be updated every six months based on advice from the Department of Employment. The other occupations list used for skilled migration, the Skilled Occupations List (SOL) is renamed as Medium and Long-term Strategic Skills List (MLTSSL).   Validity period: The maximum duration of 457 visas issued from this date for occupations that are on the STSOL will be two (2) years with an optional two-year extension allowed only once. Occupations on the MLTSSL will continue to be issued for a maximum duration of four (4) years.   Residency: The two-year short-term visa program will offer no prospect of permanent residency. The four-year medium-term visa holders will be able to apply for permanent residency if certain preconditions are met.   English Requirements: The four-year visas will require a higher standard of English language skills; a minimum of IELTS 5 (or equivalent test) in each test component. English language exemption salary threshold, which exempted applicants whose salary was over $96,400 from the English language requirement, will be removed.   Training benchmarks: Policy settings about the training benchmark requirement will be made clearer in legislative instruments. Training requirement for employers to contribute towards training Australian workers will be strengthened. Please ensure that your clients keep meeting this obligation (training benchmark A or B) as this is expected to be more carefully monitored.   Character: Provision of penal (police) clearance certificates will become mandatory.   Work Experience: Two-years work experience will be required for both visas.   Other documentation: In the majority of cases, mandatory Labour Market Testing (LMT) will be required, unless an international obligation applies. Employers must pay the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold (TSMIT) requirements. A non-discriminatory workforce test to ensure employers are not actively discriminating against Australian workers.   Application fees $1150 for two-year visa and $2400 for four-year visas apply   Applications already lodged: 457 visa applicants that had lodged their application on or before 18 April 2017 with an occupation that has been removed from the STSOL, and whose application has not yet been decided, may be eligible for a refund of their visa application fee. Nominating businesses for these applications may also be eligible for a refund of related fees.

 

Please contact us for further clarity about how the changes may affect sponsorship, nomination and visa applications.

 

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A reminder of the proposed visa for NZ citizens to be introduced in July 2017

An additional pathway to Australian Permanent Residence for ‘non-protected’ Special Category Visa (SCV) holders (subclass 444)

The Australian Government (Department of Immigration & Border Protection) will provide an additional pathway to Australian Permanent Residence, and therefore citizenship, for New Zealand Special Category visa (SCV) holders (subclass 444) who arrived after 26 February 2001, who have lived in Australia for the last five years and shown a commitment and contribution to Australia.

This additional visa pathway will be available from 1 July 2017, for New Zealand citizens who arrived post 26 February 2001, but on or before, the date of the announcement, 19 February 2016.

Estimated number of eligible applicants

Approximately 60,000 – 70,000 of the 140,000 post 2001 SCV holders who have been in Australia for at least five years are expected to be eligible and we can assist.

How this pathway will-work

The Department of Immigration and Border Protection will have responsibility for implementing the pathway.

The pathway will be made available within the Skilled Independent category of the General Skilled Migration (GSM) stream of Australia's annual Migration Program.

This pathway will allow SCV holders who have been living in Australia for the past five years, and have earned income at or above the Temporary Skilled Migration Income Threshold (TSMIT) as evidenced by their Australian Taxation Office Notice of Assessment throughout their qualifying residence period, to apply for permanent residency and thereafter citizenship.

The pathway requirements

Requirements for this visa pathway will include mandatory residence, contribution and community protection criteria. This includes:

• have been resident in Australia for the five years immediately prior to visa application
• contributed to Australia, demonstrated through income tax returns (Notice of Assessment) for the period of residence evidencing taxable income at or above the Temporary Skilled Migration Income Threshold (TSMIT)
• mandatory health, character, and security checks.

Temporary Skilled Migration Income Threshold (TSMIT) and eligibility

The Temporary Skilled Migration Income Threshold (TSMIT) is a salary threshold used by the Subclass 457 program as an indicator that an occupation is ‘skilled’ and to ensure that a visa holder has reasonable means of support whilst in Australia. It is currently set at AUD53,900 (excluding employer superannuation contributions).

This new visa pathway represents a clear concession over existing migration pathways and is consistent with the terms of the Trans-Tasman Travel Arrangement (TTTA) between Australia and New Zealand.

Exemptions to the income test

It is expected that limited exemptions to the income test requirement will be considered for particularly vulnerable New Zealand citizens.  These exemptions are not yet known but the details will be released by the Department in due course but what is known is that details of how applications for exemptions to the income test will be assessed will be determined between the Minister for Immigration and Border Protection and the Minister for Social Services. The mandatory residence criterion, including all other relevant criteria, will still need to be met before a visa could be granted.

Who will be considered a ‘vulnerable individual’

As an example, possible vulnerable individuals may include the primary carer of children who, for reasons of a court order are unable to return to New Zealand with their children, and who as an SCV holder is unable to access working age payments.

Will an applicant who has been on maternity/paternity leave during the qualifying period be ineligible?

If the applicant continued to be employed during that period the Department may take into account and have the capacity to consider other proof of income, for example, a statement from the applicant’s employer covering the period in questions.  There is no further detail on this point at this stage but apparently there is no intention to disadvantage applicants with a consistent record of income and employment but who have taken periods of parental leave.

Visa application charge (VAC)

There will be concessions to the visa application charge (VAC) solely for New Zealand citizens.  At this stage it is expected that the visa application charge will be consistent with the General Skilled Migration Programme:

• AUD3,600 per primary applicant with an additional AUD1,800 for partners, AUD1,800 per dependent child over 18 and AUD900 per child under 18.

Applicants will only have to pay 20 percent of the VAC when they lodge their application, with the remainder to be paid before the visa is granted.

Steps to Australian citizenship

New Zealanders taking advantage of this new pathway will usually be able to apply for citizenship after one year of permanent residence, provided they meet the allowable overseas absences requirement.  Note: This requirement means, a person must not have been absent from Australia for more than one year in total in the four year period, including no more than 90 days in the year before applying.

The usual citizenship eligibility requirements will apply such as:

• be of good character if 18 years of age or over
• be likely to reside, or continue to reside, or maintain a close and continuing relationship to Australia
• meet the identity requirement
• pass the citizenship test if aged between 18 and 59 years or pass a citizenship interview.

What if someone arrived in Australia the day before, or on the day of the announcement, will they be eligible to apply in five years' time?

Yes. They could apply, but the grant of a visa will depend on whether they meet all relevant criteria.

Nevett Ford Lawyers includes a group of highly specialised Immigration Lawyers and Registered Migration Agents (including 2 Accredited Immigration Law Specialists).  We can assist with all visa types including this new category.

Call or email us today if you would like more information.  We offer ‘initial’ consultations if you would like to discuss your eligibility.

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Kiribati First to Pilot Australia’s Microstate Visa Program

The new program grants a 2-year work visa, restricted to jobs in northern Australia’s agriculture or tourism industries.

December saw the first arrivals in Australia of participants from Kiribati in a new “Microstate Visa.” The program is aimed to the citizens of Nauru, Tuvalu and Kiribati, and carries a different set of regulations to the Seasonal Workers Program available to nine Pacific Island countries, and Timor-Leste. The visa is currently in its pilot stage and will allow 250 people from each of the three countries, over a five year period, a two-year work visa, with the option of applying for a third year.

Kiribati was the first country to sign the agreement with the Australian government. The agreement with Tuvalu is currently awaiting to be sign by both countries. Due to the unique situation in Nauru as the host of Australia’s offshore detention facility, negotiations remain ongoing, but will hopefully be completed in the new year.

While the visa is a positive step in allowing greater access to Australia’s labor market, it does comes with some significant restrictions that limit participants to low-skill labor in agriculture and tourism, with discussions taken place to extend the employment opportunities into elderly care. The other major restriction is that these jobs must be taken in northern Australia. This can be viewed as part of the government’s desire to populate and develop Australia’s northern regions.

Part of the reason for this policy is the unique demands for labor in Australia’s northern regions, where companies have a rapid turnover of staff due to the transitory nature of the way people spend their time there. The Seasonal Workers program utilized by other Pacific Island states only allows for 6 months work with each employer, while European backpackers and southerners escaping the winter are not considered longer term employment prospects. Were this visa to be expanded after the pilot program, then a 2 to 3 year visa for Pacific Islanders may provide greater labor stability in the region.

While Australia may be attempting to facilitate its own labor and development requirements though this scheme, it is also a recognition of the great importance of providing labor market access as a development strategy for the South Pacific region. Being able to work in Australia will not only generate significant remittances to be sent back home, but it will be provide valuable skills for participants who return home after their visas expire.

Significantly, both the Microstate Visa and the Seasonal Workers Program have recently been extended to include tourism. For many of the Pacific Islanders who take the opportunity to work in the Australian agricultural sector, similar sectors or conditions don’t exist in their home countries to utilize their new skills upon returning. However, this is not the case with tourism, a major source of income for most Pacific Islands.

Although the expansion into tourism is welcome, limiting the sectors within which Pacific Islanders can work remains a constraining exercise. While these restrictions may have been created in order to limit the “brain drain” of more highly skilled Pacific Islanders, what they actually do is restrict the “brain circulation” flowing through the islands, preventing participants from developing a broader range of skills that could be of greater assistance to their societies.  New Zealand’s labor program for people from Kiribati, Tuvalu, Tonga and Fiji — the Pacific Access Category — provides permanent residence and simply requires that applicants obtain a job and not rely on public funds, it does not have any restrictions on which sectors these Islanders are able to work in.

The importance of labor mobility and the remittances this generates is increasingly becoming acknowledged as the most effective, and least paternalistic, tool to allow developing countries to improve their situations. Analysis from Australia’s premier foreign policy think tank the Lowy Institute suggests that were Australia to allow just one percent of the population of the South Pacific island nations to work permanently in Australia the benefits to these countries would be greater than Australia’s current aid program in the region.

Aside from migration’s importance for the South Pacific’s development, the threat of climate change also requires an acknowledgement that further migration pathways for these countries are becoming increasingly important measures for their human security. Especially for Tuvalu and Kiribati, the two countries in the South Pacific most under threat from rising sea levels, The Kiribati government has already purchased an area of land in Fiji as an insurance policy against its potential submersion, yet other options need to be explored.

If the pilot program for this new Microstate Visa produces positive results it is highly likely that the Australian government will expand its scope. Hopefully expansion of the program will remove both the regional and employment restrictions in order to increase its positive outcomes. This then could potentially lead to changes in the Seasonal Worker Program to allow citizens of other Pacific Island nations greater access to the Australian labor market.

Source: The Diplomat, 29 DEC 2015

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Immigration Law & Immigration Lawyers in Australia

Migration is a complex process, and some cases present more complications than others. To obtain the most up-to-date information and ensure your application will be carried out correctly, you need an immigration lawyer / agent you can trust.
 
Our immigration lawyers and agents are registered with the Office of the Migration Agents Registration Authority (MARA) and are fluent in current laws and procedures, to ensure the information we provide you is up-to-date. Also, as registered agents, our lawyers and agents have proven they are of good character and are bound to operate by MARA’s code of conduct.
 
Our lawyers and agents can advise you on immigration matters, providing you with the most current and relevant information for your situation. This helps you choose the option that’s best for you.
 
We’ll also help you prepare and lodge an application. Though this sounds simple, it can be complicated, requiring a variety of documents and legal requirements that must be met for your application to be successful.
 
Finally, we’ll also liaise with the Department of Immigration and Border Protection on your behalf, which can take a lot of the stress out of the process, especially if you’re applying from another country.


We can also assist you if your visa application has been refused.  There are often avenues for you to appeal the decision - such as the Administrative Appeals Tribunal (AAT), Federal Courts or the Minister for Immigration.


Contact us today if you need advice and assistance with Australian visas.

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Engineering, medicine & nursing students more likely to find employment in their fields

Recent research by internationally recognised migration expert from the University of Melbourne, Lesleyanne Hawthorne shows that the percentage of skilled migrants that were able to find employment in their field varied depending on their chosen course of study.

 

The percentage of recently arrived migrants who were able to find employment in their field of study:

• 66% studied Nursing
• 57% studied Medicine
• 29% studied Engineering
• Less than 10% studied Commerce
  
  

According to Ms Hawthorne, the percentage for Commerce graduates, particularly in Accounting, Business and IT graduates – could be relatively lower due to an ‘oversupplied’ market in these areas.

Skilled migrants arriving with a tertiary qualification are seeing better job prospects than 15 years ago, with recent ABS statistics confirming that since 2010, nearly 40% of migrants with a tertiary qualification are working in their field, compared with 20% of those who arrived before 2001.

 

The latest ABS statistics show that tertiary qualified migrants who arrived after 2010 currently make up 5% of Australia’s tertiary qualified workforce and 12% of labourers

 

SOURCE: The Sydney Morning Herald

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NEW: ACT Skilled Occupation List - 1 September 2016

The ACT Government has released a new ACT Occupation List effective today, 1 September 2016.  

A summary of the list provides the following information:

• The skills need has eased for restaurant managers, management consultants, solicitors and financial advisers. These occupations are now closed.


• The demand for skills within corporate management, HR and the creative / design sector is increasing. Occupations within these sectors have now opened.


• The ‘open’ status of the following occupations remains unchanged indicating a continual high demand for civil engineers, general practitioners, retail pharmacists, early childhood teachers, architects, medical imaging professionals, registered nurses, counsellors, mechanics, psychologists and real estate professionals. 

Applications for ACT nomination submitted and lodged before 01/09/16 will be assessed against the ‘at time of application’ criteria.

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SkillSelect - invitiations issued 2015-2016

During 2015-16 the following numbers of invitations have been issued:


Invitations issued during 2015-16:

Visa subclass	July	Aug	Sept	Oct	Nov	Dec	Jan	Feb	Mar	Apr	May	June	Total
Skilled - Independent (subclass 189)	2,300	2,300	2,300	2,000	2,300	1,400	4,800	3,200	2,600	2,200	2,435	565	29,560
Skilled – Regional Provisional (subclass 489)	80	80	80	40	40	10	10	10	10	10	10	5	385
Total	2,380	2,380	2,380	2,040	2,340	1,410	4,810	3,210	2,610	2,210	2,910	570	29,945

The above figures do not include invitations issued for State and Territory Government nominated visa subclasses. State and Territory Governments nominate throughout the month for specific points tested skilled migration and business innovation and investment visas. Separate results for these visa subclasses are provided monthly.

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Student visa-holders underpaid

Two international students working at a fast-food outlet in Sydney have been short-changed thousands of dollars.


The underpayments were discovered during a random audit of the business by the Fair Work Ombudsman.


The visa-holders, from India, were paid flat rates of $18 an hour for all hours worked.
Under the Fast Food Industry Award, they should have been paid $23.74 for ordinary hours, $28.49 on Saturdays, $33.24 on Sundays and $52.23 on public holidays.


They were underpaid $3820 and $3345 respectively.  The Harris Park business also failed to issue pay-slips.


It has received a formal Letter of Caution placing it on notice that further breaches of workplace laws may result in enforcement action.


Fair Work Ombudsman Natalie James says employers need to take the time to understand the wage rates applicable to their individual workplace.


"We have minimum pay rates in Australia, they apply to everyone, and they are not negotiable," she says.


"While most employers want to do the right thing, there are some who seek to gain a competitive advantage by exploiting vulnerable workers, such as visa-holders."


In separate matters in Sydney’s west, the Fair Work Ombudsman has also recovered:

• $11,800 for 20 employees at a Wetherill Park logistics company who did not receive their correct casual base rate because the employer failed to revise wages following the annual wage increase,
• $5100 for a female part-time teacher in North Parramatta who did not receive payment while on sick leave for two months because the employer misinterpreted the enterprise agreement,
• $6800 for two part-time hairdressers, a full-time apprentice hairdresser and a part-time beautician in Parramatta who were paid flat rates instead of the higher Award hourly minimum and Saturday penalty rate, and
• $6000 for a pest control technician in Seven Hills who did not receive his annual leave entitlements upon leaving the business.

Ms James says it is important that businesses, particularly small businesses, know that they can contact the Fair Work Ombudsman for advice and assistance if they are unsure of their obligations.
The Agency’s Pay and Conditions Tool (PACT) provides advice about pay, shift, leave and redundancy entitlements. Visit www.calculate.fairwork.gov.au to learn more.


Ms James encouraged employers who had any uncertainty about whether their workplace practices were appropriate to visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for advice.
A free interpreter service is available on 13 14 50.


The Infoline offers a priority service to small business callers whose leading concerns are about wages, conditions, termination of employment, leave and entitlements.


Small business operators can also tap in to the suite of easy-to-follow courses at the award-winning Fair Work Ombudsman Online Learning Centre.


SOURCE: Fair Work Ombudsman

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Sports Visa (subclass 421) - Australia

The Australian Sports Visa allows any professional or amateur sportsperson, judge or adjudicator who wants to visit Australia to participate in their field of sport.

Designed for sportspeople who are looking to improve the quality of sport in Australia, the Sports Visa allows sportspeople to compete in a specific event or series of events.

The Australian Sports Visa allows you to:

• take part in competition or training in Australia at a high-level
• compete against residents in Australia
• exit and re-enter Australia for a multiple number of times (while the visa is valid)
• stay in Australia and work in the nominated position (max. stay two years)
• undertake activities in Australia in the nominated position (max. stay two years)

You can also include the following people in your visa application:

• your partner
• dependent relatives
• dependent children
• your partner’s dependent children

You may bring any eligible secondary applicants with you to Australia but all secondary applicants will need a separate visa application.

Short duration events

If you are competing as an amateur and playing for a club (usually 3 games), a Short Stay Business Visa  may be suitable. This visa is also suitable for judging or adjudicating a single event or match.

General requirements:

In order to be issued with a Sports Visa, you must meet a number of requirements.

You must be sponsored by:

• an Australian organization that promotes sport/sport events; or
• an Australian government agency or a foreign government agency

The validity period of the sponsorship is 3 years.

Nevett Ford Lawyers Melbourne can assist with the Sports visa application and regulatory requirements.  Please contact us for more information.

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457 Visa - Sponsor Training Requirements

As a Subclass 457 Employer Sponsor, the business must meet prescribed training benchmarks. 


The Migration Regulations require that the business must provide clear evidence that there has been, and continues to be, adequate provision for business related training for existing employees (Australian citizens and Australian permanent residents).  This training requirement must be met for at least three (3) years from the date of sponsorship approval, depending on the term of your sponsorship approval (and on the basis that the business continues to employ a subclass 457 visa holder). This policy reflects the government’s intention to ensure that the employment of skilled overseas workers will not prejudice any commitment and investment by the business in providing adequate training to employees who are Australian citizen or permanent residents.

 

TRAINING BENCHMARK REQUIREMENTS

Employers wishing to sponsor under the subclass 457 visa program must demonstrate their contribution and commitment to the training of employees who are Australian citizens and Australian permanent residents is related to the purpose of the business.

 

If your Business Has Been Trading For 12 Months or More

The Sponsor must provide evidence of meeting one of the following training benchmarks:

Ø  Training expenditure to the level of 1% of its payroll of Australian employees for the most recent financial year, OR failing to meet this requirement

Ø  Pay 2% of the payroll to an industry training fund,

 

and a commitment, by the business, to maintain expenditure in each fiscal year, to that level, for at least three (3) years, depending on the term of approval of your business sponsorship.

 

HOW THE BUSINESS CAN PROVIDE EVIDENCE

Expenditure that can count towards this benchmark relating to employees who are Australian citizens and Australian permanent residents includes:

 

Ø  Receipts for a formal course of study for employees or for TAFE or University students attending training in the workplace, as part of the organisational training strategy

Ø  Funding a scholarship in a formal course of study approved under the Australian Qualifications Framework or, for TAFE or University students, as part of the organisational training strategy

Ø  Employment of apprentices, trainees or recent graduates on an ongoing basis in numbers proportionate to the size of the business (please provide a copy of Apprenticeship Agreement)

Ø  Employment of a person who trains the business’ Australian employees who are Australian citizens and Australian permanent residents as a key part of their job (please provide evidence of Trainer’s qualifications)

Ø  Evidence of payment of external providers to deliver training for Australian employees

Ø  On-the-job training that is structured with a timeframe and clearly identified increase in the skills at each stage, and demonstrating:

v  the learning outcomes of the employee at each stage;

v  how the progress of the employee will be monitored and assessed;

v  how the program will provide additional and enhanced skills;

v  the use of qualified trainers to develop the program and set assessments; and

v  the number of people participating and their skill/occupation.

Nevett Ford Lawyers Melbourne can provide advice and assistance with all visa types, including the Subclass 457 visa.

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