Partner visa - Form 888 Declarants May Expect a Call from the DIBP

Departmental officers are increasingly contacting supporting witnesses to Partner Visa and Prospective marriage visas who provided Statutory Declarations or Forms 888 to verify the content of their statements.

Form 888s (or Statutory Declaration in other forms), which contribute to the assessment of the social aspects of a relationship, must be taken very seriously by supporting witnesses since, under the Statutory Declarations Act 1959, people who intentionally make a false statement in a statutory declaration are liable for punishment of 4 years imprisonment. In addition, the Migration Act 1958 (the Act) provides penalties for providing false or misleading statements of 12 months imprisonment or a fine of AUD12,000.

A Form 888 generally needs to be completed by an adult Australian citizen or permanent resident who knows the visa applicant and their partner or fiancé(e) and the history of their relationship (supporting witness);

A Form 888, like any other Statutory Declaration, must be signed before an authorised person, as prescribed by the Statutory Declarations Act 1959 and Statutory Declarations Regulations 1993.

The list of authorised persons includes:

• Justice of the Peace;

• medical practitioner;

• legal practitioner;

• civil marriage celebrant or registered minister of religion;

• dentist;

• nurse;

• optometrist;

• pharmacist;

• physiotherapist;

• full-time teacher;

• police officer; or

• public servant with 5 or more continuous years of service.

Any attachments to the Declaration must also be certified by a prescribed person.

If the Applicant is overseas and no Australian citizen or permanent resident is available to provide a Form 888, it may be filled in by someone who is not an Australian citizen or permanent resident, however, in these circumstances, the statement cannot be considered a statutory declaration under Australian law: the form 888, under policy, should then be witnessed or certified according to the legal practices of the country in which the statement is made. Failing that, it should be witnessed by a person whose occupation or qualification is comparable to those listed above. This person should sign, date and specify their occupation at the bottom of the statement. At best these requirements should also be confirmed with the nearest DIBP office overseas.

Read More»

General Skilled Migration - amendment to the 'points test'

The Migration Regulations have been amended in relation to the Skilled Migration "points test" to provide additional points for applicants who:

• have completed at least two full academic years of post-graduate studies at doctoral or masters (research) level;
• in specified fields, which may include science, technology, engineering, mathematics, or information and communication technology.

Please contact us if you would like advice and assistance about your eligibility for an Australian permanent residence visa.  These changes may just mean that you can now apply.

Read More»

Skilled Occupation List (SOL) - 52 Occupations flagged for removal

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

Read More»

Shell Australia Chairman believes regional migration is key to resource sector growth

While the media continues to scrutinise the Australian immigration program, recently at a Melbourne Mining Club conference, Shell Australia chairman Andrew Smith, emphasised the importance of immigration in boosting resource industry and economic growth.

Mr Smith said, ‘Often hysterical debate has surrounded Australian immigration in the new millennium. There has been a failure of industry to advocate for an immigration program that will provide economic stimulus to a sluggish economy.’

Mr Smith believes skilled labour shortages in the resources, oil and gas industries in regional areas in Australia’s north such as Broome and Gladstone provide potential for skilled migrants to contribute to growth in the resource industry and the Australian economy.

‘Today Australia’s economic growth is being driven by Melbourne and Sydney with their diverse economies. But as we strive for a more prosperous Australia, we must increase immigration levels and grow population in other areas of the nation. We must look to the economic potential of our regions and our regional centres. And this is where the mining and petroleum sectors can have a great contribution. As a leader in the resource sector, it is the ability of our industry to make a contribution outside the capitals that excites me most,’ he said.

Mr Smith stated, ‘This will only happen when we grow the population with a mix of internal and international migration to the regions’.

Mr Smith also highlighted the important role immigration plays in driving sustainable population growth to regional areas, providing incentives for the government to invest in regional community infrastructure.

Mr Smith said, ‘Just as Bendigo’s growth was fuelled by an influx of Asian immigration in the 1850s, or nearby Geelong’s growth was fuelled by Italian and Greek migration in the 1950s, the north of our nation must welcome new Australians.’

‘Industry leaders need to both advocate for a balanced mix of skilled and humanitarian migration, then back up our advocacy with meaningful decisions that contribute to legacy. It is only through population growth that economic diversity will be delivered, unlocking the potential of Australia’s north,” he said.

Mr Smith added, ‘These comments are not a call for more or less 457 visa intakes. Specialised tasks in highly technical sectors like ours will always require the temporary importation of specific skills. We have some of the planet’s most desirable mineral deposits but we will only unlock this potential, and its economic dividend, if we are able to bypass populist protectionist voices on immigration policy, and grow our population’.

SOURCE: The Australian newspaper

Read More»

How does the 457 visa work?

With a 457 visa you can work in Australia for up to four years. You can bring your family with you (they can work and study) and you can travel in and out of Australia as often as you like.

The employer/sponsor must: 

Apply to be a sponsor to recruit overseas workers; nominate the positions they want to fill; recruit the overseas workers to fill the nominated positions; and act as a sponsor for employees applying for a visa.

 

You as the employee accept the offer of employment from the employer; apply for the visa; and meet all the conditions of your visa.

Am I eligible for the 457 visa?

To apply for a 457 visa as an employee, your application must follow that of your sponsoring employer. To be considered for a 457 visa, you must meet the following criteria:

• You must be sponsored by an employer to fill a nominated position.
• You must work in a skilled occupation that's been approved by the Australian Government on the Consolidated Sponsored Occupations List (CSOL).
• You must have skills, qualifications, experience and an employment background which match those required for the position.
• You must have English language skills (if you do not hold a passport from UK, USA, Ireland, New Zealand or Canada) (some other exemptions apply).
• You must be eligible for any relevant licences or registration required for the nominated position.
• You must demonstrate that you are to be paid at least the minimum salary level that applies at the time a decision is made on your visa.
• You must meet health requirements.
• You must meet character requirements.
• If you are in Australia at the time of application, you must not have prohibitive restrictions or limitations placed on your current visa.
• You must, if over the age of 18, be willing to declare your respect of Australian values and adhere to Australian law.
• You must have health insurance (some exemptions apply for certain passport holders).

Call us today if you would like more information.

Read More»