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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Partner visa (Australia) - married or de facto

You could be granted a Subclass 820/801 or Subclass 309/100 Partner visa if:

• Your partner is an Australian citizen, permanent resident or an eligible New Zealand citizen.

• You are married or can show that you have lived together with your partner in a ‘de facto’ relationship for 12 months.

The 12-month cohabitation can be waived if the couple registers their relationship in the state they live in. Relationship registration is only available for people living in certain Australian states.

Relationship registration in Queensland, Victoria, Australian Capital Territory or New South Wales:

The registration process is different in each state and not all states allow couples to register. If you can register your relationship, you can lodge a Subclass 820 partner visa application without having lived together for the 12 months prior to lodging the visa. You must however be living together when your 820 partner visa is lodged.

For example, to register your relationship in New South Wales, you’ll need to prove that neither of you are married and that one of you has lived in NSW for a short period of time. Registering your relationship in NSW is crucial if you have not lived together for 12 months prior to lodging the application.

To register your relationship in Queensland, you’ll need to prove that neither of you are married and that at least one of you has lived in Queensland for a minimum of 6 months. You must register your relationship in Queensland to be able to lodge the Subclass 820 visa, if you have not lived together for the most recent 12 month period.

To register your relationship in Victoria, you’ll need to prove that neither of you are married and that at least one of you has lived in Victoria for a short period. Victorian relationship registration is essential if you have not lived together for the past 12 months.

To register your relationship in the Australian Capital Territory (ACT), you’ll need to show that neither of you are married and that one of you is ‘usually’ resident in the ACT. An ACT relationship registration allows you to apply for a Subclass 820 partner visa if you have not lived together for 12 months.

We can provide detailed information on relationship registration requirements.

Showing evidence of your genuine and ongoing relationship

In relation to a Subclass 820/801 Partner visa application you must be living together when the visa is lodged. You need to show evidence of your shared life, such as financial commitment to one another, shared living and social recognition of your relationship. We help you put together your evidence to demonstrate your commitment to each other.

A permanent residency partner visa straight away

If you have been living your partner for at least 3 years prior to your application – or you have a child together and have lived together for the previous 2 years, you can apply for the Subclass 801 visa straight away (i.e. without having to hold the Subclass 820 (temporary residence) Partner visa first.  It is ultimately at the discretion of the Department as to whether they will grant the permanent residence visa straight away but if you meet either/both of these policy criteria then you have a good chance.

If this does not apply to you, the Subclass 820 visa application must be submitted first before you can apply for permanent residency. Once 24 months has passed since your first visa application, you can then apply for the Subclass 801 permanent residency visa, by showing that you are still a legitimate couple.

Onshore Partner visas and work rights

If you hold an eligible visa and you lodge your Partner visa, you transition on to ‘Bridging Visa A’ or a BVA when the first eligible visa expires. You have full work rights on your BVA, during the partner visa processing time and you can also obtain a temporary Medicare card for medical services.

It should also be noted that if you lodge a partner application whilst holding a 457 visa, you cannot stop working for the sponsor until your Subclass 820 visa is granted.

If you hold a Working Holiday 417 visa and lodge a partner visa, we can help you apply for a work rights wavier, allowing you to remain working longer that the allowed six months, for one employer.

It currently takes the Department approximately 12 - 15 months to process the Partner visa application.

Please contact us if you would like further information, advice and assistance, including an initial consultation. 

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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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52 Occupations flagged for removal from the Skilled Occupation List (SOL)

Australia’s Skilled Occupation List (SOL) is reviewed by the Department of Education and Training annually.  This year, over 50 occupations have been flagged for removal from future Skilled Occupation Lists (SOL).

 

Professional

• Accountant (General)
• Management Accountant
• Taxation Accountant
• Actuary
• Land Economist
• Valuer

 

Medical

• Medical Diagnostic Radiographer
• Occupational Therapist
• Medical Radiation Therapist
• Podiatrist
• Speech Pathologist
• General Practitioner
• Anaesthetist
• Cardiologist
• Endocrinologist
• Intensive Care Specialist
• Paediatrician
• Obstetrician and Gynaecologist
• Psychotherapist
• Psychologist (nec)
• Medical Practitioners nec

 

Legal

• Barrister
• Solicitor

 

Maritime, Resources and Engineering

• Production Manager (Mining)
• Civil Engineer
• Geotechnical Engineer
• Structural Engineer
• Transport Engineer
• Electronics Engineer
• Industrial Engineer
• Mechanical Engineer
• Production or Plant Engineer
• Aeronautical Engineer
• Agricultural Engineer
• Chemical Engineer
• Biomedical Engineer
• Engineering Technologist
• Environmental Engineer
• Ship’s Engineer
• Ship’s Master
• Ship’s Officer
• Naval Architect
• Boat Builder and Repairer
• Shipwright

 

Science

• Other Spatial Scientist
• Medical Laboratory Scientist

 

Other

• Chef
• Veterinarian
• Surveyor
• Cartographer
• Quantity Surveyor

 

Skilled occupations such as engineers, taxation accountants, barristers and solicitors are at risk of being removed from Australia’s 2016/17 skilled occupations lists (SOL), following advice from the Department of Education and Training to the Minister of Immigration and Border Protection.

The SOL is a compilation of occupations for skilled migration with the aim of meeting the medium to long-term skill needs of the Australian economy and is commonly used for non employer sponsored work visas such as the 189 or 489, rather than 457 work visas.

Each year, the Department of Education and Training undertakes a review of the SOL and if there is emerging evidence of excess supply in the labour market for a particular occupation, it is generally flagged for possible removal.

The Department of Education and Training receives submissions from bodies and organisations across the country to assess labour market conditions for the listed occupations. The Australian newspaper recently reported that GP’s, surgeons, anesthetists and other occupations in the health industry are among 41 jobs pushed by the Federal Health Department for removal from the SOL.

The Health Department submission into the review of the SOL read, “Over a longer planning horizon, better management of migration pathways for international health professionals must occur in combination with all commonwealth departments’. The strategy would allow vacancies to be filled by local medical graduates, particularly in regional areas.

SOURCE: SBS

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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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Migrants generally more skilled than the average Australian

The Australian Bureau of Statistics (ABS) has published some interesting statistics that migrants in general are more skilled than the average Australian.

MIGRANTS AND QUALIFICATIONS

In this section the term 'adult migrants' refers to people born outside Australia who were at least 15

years of age when they migrated to Australia.

In 2015, 73% of adult migrants aged 15–64 years had a non-school qualication compared with 58% of those born in Australia (Table 1 and 14).

The proportion of adult migrants who had a Bachelor degree or higher on arrival had increased from

23% for those who migrated before 2001 to 45% for those who migrated after 2010. The proportion of adult migrants who held a non-school qualication on arrival to Australia increased from 39% for those who arrived before 2001, to 62% for those arriving after 2010. This increase is most notable in female adult migrants, with 32% having a non-school qualication on arrival before 2001 compared with 61% for those arriving after 2010.

More than one third of adult migrants (37%) attained a non-school qualication after arrival in Australia.

A similar proportion of male (36%) and female (37%) adult migrants had gained a non-school

qualication since arriving in Australia.

In 2015, 79% of employed adult migrants aged 15–64 years had a non-school qualication compared

with 65% of employed people born in Australia and 63% of employed migrants who arrived as children (aged less than 15 years).

Amongst employed adult migrants, 40% were working in a eld relevant to their highest non-school

qualication attained before arrival. One in three (33%) employed adult migrants had gained a

qualication after arrival and were working in a eld relevant to their highest qualication attained after

arrival.

Of employed adult migrants who held a non-school qualication on arrival to Australia, just over half

(55% of males and 50% of females) were working in the same eld as their highest qualication. A

higher proportion (65% of male and 69% of female) who attained a non-school qualication after arrival were working in the eld of their highest qualication gained after arrival.

(Source: ABS)

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Significant Investor Visa – twenty months on

On 24^th November 2012 the Australian government introduced the significant investor visa (SIV) to encourage foreign investment into Australia. 

Successful applicants receive a 4 year provisional subclass 188 visa after investing AUD$5 million into 'approved' investment funds (including ASIC approved funds, state government bonds and proprietary operating companies).

If the subclass 188 visa holder spends a cumulative total of 160 days  in Australia over 4 years it is then possible to apply for a subclass 888 permanent residency visa or extend the subclass 188 visa.

After an initial slow start, interest in this visa category has been growing steadily with applications currently outstripping grants. 

The first successful visa was granted in September last year and since then grants have been averaging at around 30 to 35 per month. 

Statistics recently made available disclose the majority of applicants for this class of visa come from China (72%), with strong interest from other countries such as Malaysia, the United States, Canada and the UK. Because of the volume of applications from China and the need to ensure the integrity of them, processing of these applications is done by a dedicated team working out of Hong Kong. All other applications are dealt with in Adelaide. 

These visas are attractive to high net worth individuals who, because of their business and lifestyle obligations cannot commit to spending long periods of time in any particular place. Although the qualifying criteria may seem to be straightforward enough, they are not easy visas to obtain. National interest issues and source of funds (that is, where did the applicant get the $5m funds which are to be invested) figure prominently in all applications, and anyone thinking of applying for this class of visa should seek legal advice before doing so.

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NEW CRITERIA - Western Australia State nomination

The new criteria for State nomination were implemented from 1 March 2014. The Western Australia Government has advised that if candidates received an invitation to apply for State nomination after 1 March 2014, the new criteria would apply.

Those who had previously received an invitation for State nomination will not be affected.

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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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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