Australian Government to reassess permanent skilled migration rules

The Productivity Commission has proposed changes in a report to the Australian Government, which could significantly change the way Australia chooses its migrant intake.


Some of the major recommendations include reducing the age limit for skilled applicants wanting permanent residence, and providing more points for the skills and traits of secondary adult applicants.


Here are the main recommendations proposed by The Productivity Commission:


Reduce the age limit

• Reduce the current age limit of 50 years old for permanent migration under the skill stream, while retaining exemptions to the age rule for particularly skilled applicants.
• Younger visa applicants to receive greater weighting in the points-based system.

Use of the Skilled Occupation List for all permanent migration applications

• The Productivity Commission stated the Skilled Occupation List (SOL) should be used to determine skill requirements in all cases, including different streams of the permanent skilled and those transitioning from a temporary visa
• Undertake a pilot scheme that acknowledges skills which may not be occupationally specific, and more closely assesses occupations that are difficult to allocate to a certain skill level.

Changes to the points-tested system

• Maximum extra points to be given in cases where no secondary applicants are included
• More points to be provided based on the skills and traits of secondary adult applicants
• Use of the points system for the entire permanent skill stream, with points to be gained for employer-sponsored visa applications. Currently, the selection criteria is different for skilled migrant intake and ’employer-sponsored’ applicants.

Secondary applicants to undertake more assessments

• Partners and adult children to be assessed on their English ability, work skills, age and education in addition to current assessments.

The Department of Immigration and Border Protection told SBS the government was considering the Productivity Commission’s recommendations and would respond “in due course.”


SOURCE: SBS


Nevett Ford Lawyers can assist with all Australian visa enquiries and application on your behalf.  Contact us today for more information and to see if you may be eligible.

Read More»

Use of Labour Agreements – 457 Visas

Standard 457 applications involve the sponsoring employer nominating an occupation contained on a list known as the Consolidated Skills Occupation List (CSOL).


It sometimes occurs that a sponsor wishes to nominate an occupation which is not listed on the CSOL, in which case the standard 457 programme is not appropriate.


In situations such as this, the business may wish to give consideration to applying for 457 visas under what is known as a Labour Agreement. These agreements can be utilised in respect of skilled and semi skilled positions if it can be shown that there is a clear lack of available employees in the local labour market. For example, many abattoirs bring meat workers into Australia under Labour Agreements as there is a big shortage of people with the necessary skills to properly bone and slice meat.


The starting point in applying for approval of a Labour Agreement is to be able to demonstrate that there is a skills shortage in the relevant industry. It is also necessary to show what efforts have been taken to obtain suitably qualified persons and what training programs the employer has in place should such persons be found. It is also often necessary to enlist the support of peak body groups or unions where appropriate.


In the past there has been some reluctance on the part of employers to seek to enter into Labour Agreements – probably largely due to the perception that negotiating with a government department is a difficult thing to do. While there may be some truth in that, the department does make it clear that it is open to consider applications, and usually a well-documented case can be finalised within 80 days and even sooner, if urgent.


Nevett Ford lawyers has experience with preparation of labour agreements and would be happy to assist employers who may wish to investigate this option.

Read More»

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.

Read More»

Significant New Opportunities for Permanent Residence for New Zealand Citizens

First announced by the Prime Minister, Malcolm Turnbull, on 19 February 2016, and then later confirmed in the recent budget, a new pathway for permanent residence has opened up for certain New Zealand citizens who are able to demonstrate that they can satisfy the qualifying criteria.

In order to be eligible it will be necessary for New Zealand citizens to show that they were resident in Australia on 19 February 2016, have lived here for at least five years and earned income of at least the temporary skilled migration income threshold (currently $53,000 per annum) over that qualifying period.

This pathway will be available from 1 July 2017.

While obviously not all New Zealanders currently living in Australia will be eligible, it is estimated that some tens of thousands will be, and one would expect that as soon as applications can be lodged there will be a rush of people wishing to take advantage of this new pathway.

Obviously, once New Zealanders obtain Australian permanent residence, they may then wish to consider their citizenship options.

Read More»

Update: 2014-2015 Commonwealth Budget Announcement; Family and Skilled Migration

Further to the recent 2014-2015 budget announcement, more detailed figures for the 2014-15 Migration Programme have been added to the Department's website. 

The composition of the programme remains stable with the overall number of visas to be granted steady at the 2013-14 level of 190,000 overall. 

The percentage of skilled migration visas to family visas also remains unchanged at 67.7% and 32% respectively. 

Key points:

-There has been some minor rearrangement in partner, child and parent visa numbers. Numbers for other family visas which include aged dependent, carer and remaining relatives have been reduced.

-Within the skilled migration streams, 1000 places have been reallocated from the skilled independent stream to the employer sponsored categories.

-State and Territory nominated numbers remain unchanged.

-Business visa numbers also remain the same as for the previous year.

These statistics are available on the Department's website at Migration Programme Statistics.

Any questions related to the announcement or Australian immigration, please contact our specialist immigration team.

Read More»

Australia and New Zealand Cry Out for Skilled Migrant Workers

Australia and New Zealand Cry Out for Skilled Migrant Workers

Britain has always been a strong source of skilled migrants for companies ‘Down Under’, but today the need for overseas workers is reaching a peak. With more than 60% of its business accounted for by Australia and New Zealand, world mover Anglo Pacific is urging candidates to seize the moment.

Read More»

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.

Read More»