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 skills assessment from the relevant Australian assessing authority;
• IELTS score of 6 or above (higher for certain occupations) (exemptions apply for United States, United Kingdom, Republic of Ireland, Canada and New Zealand passport holders);
• Meet eligibility criteria set out by the Department of Immigration & Border Protection (DIBP); and
• Currently working in regional QLD, have an offer of employment for 12 months in regional QLD, or have two years full time work experience (post qualification) in your nominated occupation.

Please contact Nevett Ford Lawyers (Melbourne) to speak to one of our 5 dedicated and experienced immigration lawyers if you require advice and assistance with your subclass 489 visa requirements - telephone: 03 9614 7111 or by email at: melbourne@nevettford.com.au.

Legal advice and assistance is highly recommended.

Read More»

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 citizens and permanent residents, and continue to meet these requirements for the term of the sponsorship. Records of training and related expenditure must be provided as evidence.
• Strong worker protection measures are in place to ensure that overseas skilled workers are provided the same workplace rights as Australian citizens.

How to apply

To sponsor an employee from overseas under the subclass 457 visa programme, the following three stages are required:

• Sponsorship—the employer applies for approval as a standard business sponsor. This is required to nominate an occupation for a subclass 457 visa.
• Nomination—the employer nominates an occupation for a prospective or existing subclass 457 visa holder.
• Visa application—the person nominated to work in the nominated occupation applies for the subclass 457 visa. This is the final step to obtaining a subclass 457 visa.

Employers (sponsorship)

To become a standard business sponsor, a business must apply to the department.

There are several requirements for employers to become an approved standard business sponsor. These include that the business:

• must be lawfully operating in or outside Australia
• must meet (or commit to meet) the training benchmarks for the programme and continue to meet these requirements for the term of the sponsorship
• must have a direct employer-employee relationship (if the business is outside Australia)
• must not on-hire skilled workers (unless the occupation is exempt)
• or persons associated with the business, do not have adverse information known to the department
• once approved, must comply with all sponsor obligations
• must attest to a strong record of, or a demonstrated commitment to:
  
  • employing local labour
  • non-discriminatory employment practices.

Employers (nomination)

Nomination is when an approved sponsor identifies a position to be filled by an overseas skilled worker.

There are several requirements to nominate a position to be filled by an overseas skilled worker. These include:

• the business must be an approved sponsor, have lodged a sponsorship application or applied for sponsorship at the same time as the nomination application
• the business must demonstrate a genuine need for the nominated position in their business
• the nominee must be an existing subclass 457 visa holder, an applicant for a subclass 457 visa holder or a proposed applicant for a subclass 457 visa
• the position must relate to an eligible occupation on the Consolidated Skilled Occupations List
• labour market testing must have been undertaken unless the occupation is exempt
• the position must have equivalent terms and conditions of employment that would be provided to an Australian who performs the same duties in the same location—this is known as the market salary rate.

Employees (visa applicants)

Overseas skilled workers and any dependants must apply for and be granted a visa to travel to, or remain in Australia. It’s important to note that a subclass 457 visa application cannot be processed if your application is not supported by an approved sponsor and an approved nomination.

Subclass 457 visa holders can:

• work in Australia for a period of between one day and four years
• bring any eligible dependants with them to Australia—dependants can work and study
• after entering Australia, have no limit on the number of times they can travel in and out of Australia, while their visa remains valid.

There are several requirements that prospective visa applicants must meet to be granted a visa. These include:

• a demonstrated minimum English language ability (some exemptions apply)
• skills and experience necessary to perform the nominated occupation (a skills assessment may be required)
• adequate health insurance must be arranged for the period of stay in Australia
• genuine intention must be shown to perform the nominated occupation
• standard visa requirements such as character and health checks together with a declaration concerning Australian values and laws must be met.

Please contact Nevett Ford Lawyers (Melbourne) to speak to one of our 5 dedicated and experienced immigration lawyers if you require advice and assistance with your subclass 457 visa requirements - telephone: 03 9614 7111 or by email at: rcurtisgriffiths@nevettford.com.au. 

Legal advice and assistance is highly recommended.

Read More»

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 visas
• RRT: Reviews decisions in relation to protection visas.

The tribunals are usually constituted by a single member. The tribunals have the power to affirm the primary decision made by the Department of Immigration & Border Protection (DIBP), vary the primary decision, set aside the primary decision and substitute a new decision, or remit (return) a matter to the department for reconsideration with specific directions.

In reviewing a decision to refuse or cancel a visa, the tribunals are required to conduct a merits review that is ‘independent, fair, just, economical, informal and quick’. We aim to make the correct decision in individual cases, and to influence decision-making through quality and consistency of our decisions.

Please contact Nevett Ford Lawyers (Melbourne) to speak to one of our 5 dedicated and experienced immigration lawyers if you require advice and assistance with your appeal case at the Migration Review Tribunal - telephone: 03 9614 7111 or by email at: rcurtisgriffiths@nevettford.com.au. 

Legal advice and assistance is highly recommended.

Read More»

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, Australian citizen, or eligible New Zealand citizen.
• Both the applicant and the sponsor must be aged over 18 years.
• The applicant must be married to or in a relationship with the sponsoring partner for at least 12 months.
• A satisfactory proof that the relationship or the marriage is genuine, e.g. that you live together, that the relationship is strong and there is mutual commitment. This happens usually by attending an interview and providing documentation including photos, joint bank statements etc.

There are 2 types of partner visa: Temporary partner visa and Permanent partner visa.

Temporary Partner Visa
If you have applied for a partner visa while outside Australia, you must be outside Australia when you receive the temporary partner visa.

If you have applied for a visa while in Australia, you must be in Australia at the time you receive the temporary partner visa.

If you have been granted a temporary partner visa, you:

• Are allowed to travel in and out of Australia until a decision about your permanent partner visa is made.
• Can work and live in Australia with your partner.

Permanent Partner Visa
If you have applied for a permanent partner visa while outside Australia, you are allowed to be in Australia or outside Australia when you receive your permanent visa.

If you have applied for permanent partner visa while in Australia, you must be in Australia when you receive your permanent visa.

In most cases, permanent residence cannot be granted prior to two years from the time you have applied. However, you can get a permanent visa without having to wait for two yearsif at the time you apply you meet certain criteria.

The waiting period (of 2 years) for permanent residence can be revoked if at the time you have applied:

• You have been together (in a relationship) with your partner for 5 years or more (as a de facto partner or married ); or
• You and your partner have been in married or in a de facto relationship for 2 years and have children.

Partner Temporary Visa and Permanent Visa (Subclass 820 and 801)
If you are onshore in Australia living with your partner in a de-facto relationship or marriage with eligible Australian Resident, Citizen or New Zealand citizen, you can apply for the Subclass 820/801 Partner Visa.

This visa will allow you to remain in Australia:

• on temporary basis (usually for a waiting period of two years from the date you applied for the visa)
• on permanent basis if, after the waiting period (if applicable), you are still in a relationship or married to your partner (the relationship exists) and you are still eligible for this visa.

Partner Temporary Visa and Permanent Visa (Subclass 309 and 100)
If you are offshore (outside Australia) and want to be with your partner in Australia, you can apply for the Subclass 309/100 Partner Visa.

This visa allows you to enter and remain in Australia living with your partner:

• on temporary basis (usually for a waiting period of two years from the date you applied for the visa)
• on permanent basis if, after the 2 years waiting period you are still in relationship/marriage with your partner and eligible for this visa.

The visa fees depend on the type of visa you apply for.

All the general visa requirements, such as health & character clearance, Australian values statement, minimum age of 18 years etc. must be met in order to lodge a visa application.

Please contact Ryan Curtis-Griffiths, Director at Nevett Ford Lawyers if you require advice and assistance - telephone: 03 9614 7111 or by email at: rcurtisgriffiths@nevettford.com.au.

Read More»

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 that they have been in a de facto relationship for at least 12 months before the visa application is made. For migration purposes, a person is in a de facto relationship with another person if they:

• are not married to each other
• have a mutual commitment to a shared life to the exclusion of all others
• are in a genuine and continuing relationship
• live together or do not live separately and apart on a permanent basis
• are not related by family.

Living together

Living together is regarded as a common element in most on-going relationships. It is recognised that, for various reasons, couples may sometimes have to live apart. Provided the separation is temporary and the couple had, at some point since commencement of the relationship lived together, their relationship might still satisfy the requirements of a de facto relationship.

For this reason, the one year relationship criterion does not require the couple to have physically lived together for the entire 12 months, but rather to have been in a de facto relationship for that period.

Partners who are currently not living together may be required to provide additional evidence that they are not living separately and apart on a permanent basis in order to satisfy the requirements of a de facto relationship.

What evidence is considered?

When submitting evidence of a de facto relationship, applicants must be able to demonstrate that their relationship has existed for at least one year before the application is made. Evidence may include but is not limited to:

The history of the relationship through a signed statement regarding:

• how, when and where the couple first met
• how the relationship developed
• the couple's domestic arrangements, that is, how they support each other financially, physically and emotionally and when this level of commitment began
• any periods of separation, when and why the separation occurred, for how long and how the couple maintained their relationship during the period of separation
• the couple's future plans.

Financial aspects of the relationship, such as:

• joint ownership of the house or joint names on a lease
• correspondence addressed to the couple at the same address
• details of financial commitments including bank statements, and any joint liabilities.

The nature of the household, such as:

• any joint responsibility for the care and support of any children
• the couple's living arrangements including sharing responsibilities within the home.

Social context, such as:

• evidence that the couple is generally accepted and recognised as a couple socially such as joint invitations
• evidence of common friends
• assessments by the couple's friends and family of the relationship
• joint travel or joint participation in sporting, social or cultural activities.

The couple's commitment to each other, such as:

• the duration of the relationship including knowledge of each other
• intention to have a long term relationship, for example, through terms of their wills
• correspondence and telephone accounts to show that the couple maintained contact during any periods of separation.

Exemptions from the one year relationship requirement

The one-year relationship requirement does not apply if the applicant can establish that:

• there are compelling and compassionate circumstances for the grant of the visa, for example, there is a child of the relationship
• the relationship is registered under a law of a state or territory prescribed in the Acts Interpretation (Registered Relationships) Regulations 2008 as a kind of relationship prescribed in those regulations
• their partner is, or was the holder of a permanent humanitarian visa and, before the humanitarian visa was granted, was in a de facto relationship with the applicant that was declared to the department at the time
• their partner is an applicant for a permanent humanitarian visa.

Please contact Ryan Curtis-Griffiths, Director at Nevett Ford Lawyers if you require advice and assistance - telephone: 03 9614 7111 or by email at: rcurtisgriffiths@nevettford.com.au.

Legal advice and assistance is highly recommended.

Read More»

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 ICT graduates is also run by the ACS.

Read More»

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 occupation being nominated.

The vendor qualifications currently accepted by the ACS are:

Microsoft Certified Solutions Expert:
MCSE: Server Infrastructure
MCSE: Desktop Infrastructure
MCSE: Private Cloud
MCSE: Messaging
MCSE: Communication
MCSE: Sharepoint
MCSE: Data Platform
MCSE: Business Intelligence

Microsoft Certified Solutions Developer:
MCSD: Windows Store Apps
MCSD: Web Application
MCSD: Applications Lifecycle Management

Microsoft Certified Solutions Master:
MCSM: Data Platform
MCSM: Sharepoint
MCSM: Communication
MCSM: Messaging
MCSM: Directory Services

Cisco Professional:
Cisco Certified Network Professional (CCNP) - All tracks
Cisco Certified Design Professional (CCDP)
Cisco Certified Voice Professional (CCVP)
Cisco Certified Security Professional (CCSP)
Cisco Certified Internetwork Professional (CCIP)

Cisco Expert:
Cisco Certified Internetworking Expert (CCIE) - All tracks
Cisco Certified Design Expert (CCDE)

Cisco Architect:
Cisco Certified Architect (CCAr)

Read More»