Changes to Employer Nominated Permanent Residence (subclass 186 visa)

In addition to the 457 changes recently and unexpectedly announced by Prime Minister Malcolm Turnbull, the Permanent Employer Sponsored Skilled Migration Program will also undergo a number of changes. The 457 visa has historically been a pathway to Australian Permanent Residence under this program.


From 19 April 2017

• Applicants under the Direct Entry Stream will only be eligible to apply if their nominated occupation is on the MLTSSL or STSOL
• Applicants under the Temporary Residence Transition Stream can still apply as usual (even if their nominated occupation is no longer on the STSOL or MLTSSL)

From 1 July 2017

• Occupation lists: The STSOL and MLTSSL will be further reviewed based on advice from the Department of Employment and Department of Education and Training
• English language requirements: A score of IELTS 6 in each component will be required (or equivalent test)
• Age: Applicants under the Direct Entry Stream must be under the maximum age requirement of 45 at the time of application. The maximum age requirement of 50 at the time of application will continue to apply to applicants under the Temporary Residence Transition Stream
  

From March 2018

• Salary: Employers must pay the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold (TSMIT), currently $53,900 excluding superannuation
• Residency: The eligibility period under the Temporary Residence Transition Stream will be extended from 2 years to 3 years
• Work experience: At least 2 years of post- qualification relevant work experience will be required
• Age: All applicants (under both the Temporary Residence Transition Stream and Direct Entry Stream) must be under the maximum age requirement of 45 at the time of application
• Training requirement: Strengthened training requirement for employers to contribute towards training Australian workers

Who is affected?

It is expected that further details and clarifications to be announced by the Government over the coming weeks. 

Individuals who were preparing an application under the Direct Entry Stream and their occupation has now been removed - No longer eligible under the Direct Entry Stream

Individuals turning 45 years old - From 1 July 2017, applicants under the Direct Entry Stream must be under 45 years at time of application. From March 2018, all applicants must be under 45 years at time of application.

Individuals who were preparing applications under the Temporary Residence Transition Stream - Minimal impact if lodged before March 2018 (although new English language requirement applies from 1 July 2017).

Please contact Nevett Ford immigration lawyers to discuss your individual circumstances by telephone + 61 3 9614 7111.

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What are the impacts of the 457 visa changes?

In Summary, the 457 visa changes have substantial effects:

1) Lodged applications for 457 visas for over 216 occupations are being declined retrospectively
2) The difficulty of obtaining short term and medium term 457 visas has increased
3) Permanent residency applications for short term occupations are blocked
4) Strict caveats for many skilled occupations are now enforced and include
- specialised job duties
- minimum levels of work experience
- new maximum age restriction
- increased English skill requirement
- limitations of the exercise of specific jobs to certain regional areas
- specific minimum market salary rates set individually for each occupation
- sponsor's minimum annual turnover and staffing levels criteria for sponsors.

Pptions moving forward?

Has your occupation been removed from the 457 Occupation List?
If your occupation has been removed from the 457 skilled occupation list, we recommend that you consider alternative pathways to a working visa within Australia and contact us now to discuss your personal situation.

Are you currently on a 457 VISA?

Even if you are currently on a 457 Visa, the changes to the 457 visa apply if your occupation has been removed from the skilled occupation lists.

If you are currently on a 457 Visa and your occupation is not listed on the new skilled occupation list, you will not be able to apply for a renewal of your visa and will need to apply for Permanent Residency.

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Changes to 457 scheme on the way

It seems that every few years the 457 temporary work visa comes under intense parliamentary and media scrutiny, and we are now at that point again.

In the past few weeks we have seen an intense media campaign highlighting alleged rorts of the system by unscrupulous employers. In addition, possibly reflecting elements of the political agenda of Donald Trump, the opposition leader, Bill Shorten, has introduced a private members bill to review the 457 visa system.

The Migration Amendment (Putting Local Workers First) Bill 2016, calls for stronger testing, stricter licensing criteria for 457 workers and more restrictions for employers.

Not surprisingly, the ACTU is strongly in support of this bill, arguing that the system needs a complete review notwithstanding the fact that a comprehensive review was only recently finalised.

The biggest area of attack on the current scheme is the list of eligible occupations for 457 purposes. This list currently includes 651 occupations which many argue bears little resemblance to areas of general skills shortage.

Adding to the pressure for a further review system is the evidence of exploitation which has surfaced as a result of the 7 Eleven scandal, and more recently, potentially Caltex as well. Typically, employees of these organisations have been either 457 holders, backpackers or students with work rights, and there has been concern that in many cases employers have forced people to work for sub par wages and conditions with veiled threats of possible visa violation charges, and possible deportation if they do not accept terms which have been offered.

A recent statement by the Minister in Parliament makes it clear that the list of occupations will be looked at. Possibly we will also see more stringent labour market testing being introduced in the future.

Employers contemplating sponsoring someone for a 457 visa, or workers hoping to be sponsored should think about making an application as soon as possible prior to any changes being introduced.

 

 

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457 Visa changes - visa condition 8107

Migration Legislation Amendment (2016 Measures No. 4) Regulation 2016 amends a number of provisions of the Migration Regulations 1994 as listed below:

Schedule 1 - Visa Condition 8107

• This Schedule reduces the time period that a Subclass 457 (Temporary Work (Skilled) visa holder can remain in Australia after ceasing employment with their current sponsor from 90 days to 60 days


•  If 457 holder has not found a new sponsor within 60 days of ceasing that employment, they will be in breach of their visa condition 8107 and their visa may be cancelled.


• This amendment applies to 457 visas granted on or after 19 November 2016.

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Beware of scammers – always seek legal advice

Vulnerable migrants and temporary visa holders are being targeted by scammers pretending to be from the Department of Immigration.

The scammers usually claim that there are problems with the people’s paperwork or visa status and demand money to fix it or otherwise face the consequences, including the risk of deportation and possible arrest of family members.

The Australian Competition and Consumer Commission (ACCC) recently announced that more than 300 reports of this type of activity were referred to it since March this year. The deputy chairwoman, Delia Rickard suggested that the scammers might be obtaining personal information from social media – a valuable reminder for people to take care when communicating via this medium.

 

One tactic used by the scammers is to claim that they are calling from an overseas High Commission or Embassy, and that upon reviewing the person’s visa application it appears that it had been incorrectly filled out and that unless this error was attended to and further fees paid, the person would face the risk of having to leave the country.

 

Obviously these types of calls can be alarming and are purposely designed to prey on the weaknesses of vulnerable individuals within the community.

 

Rather than immediately agreeing to comply with the requests of the caller, the best thing to do when receiving a communication of this type is to indicate that you are not in a position to resolve this problem immediately then ask for contact details in order that you can revert to the caller at a more convenient time. Because it is a scam, in most cases it will be unlikely to get contact details; it is more likely that another call will be made at some other time.

 

As soon as the initial call is completed it is highly recommended that you seek immediate legal advice. The cost of getting professional help involved to represent your interests at an early stage will end up being far more economic than paying money to a scammer.

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Australian visas - Skills Assessments

Skills Assessment

Having your skills assessed is a requirement for skilled migration to Australia under points tested, employer nomination, graduate migrant and temporary graduate visas.

You must provide a positive skills assessment at the time of invitation and lodgement that is relevant to your nominated occupation.

Skills assessments can be confusing and complicated as there are different assessing authorities for different occupations. Currently there are 3 types of skills assessments.

1. Full Skills Assessment;
2. 485 Skills Assessment, and;
3. 457 Skills Assessment.

Full Skills Assessment

A full skills assessment is assessed based on the qualification and relevant work experience. This assessment must be used for Points Test Skills Migration visa and Employer Nominated visas.  For doctors, evidence of full registration is a suitable skills assessment for Points Tested Skilled Migration and Employer Nominated visa. A skills assessment is only valid until the expiry date specified on the assessment, or when a period of three years from the date of issues has elapsed, whichever occurs first.

485 Skills Assessment

This is a provisional assessment issued to recent graduates who has studied in an Australian institute. The primary difference is that a subclass 485 skills assessment does not require the applicant to demonstrate work experience in the assessing occupation. A subclass 485 provisional skills assessment is not suitable for Points Tested Skilled Migration, Employer Nomination and 457 visas.

457 Skills Assessment

Usually there is no skill assessment requirement for 457 visas.  Although due to recent changes, trade occupations from certain countries and various occupations are required to obtain a skills assessment. This assessment must be assessment by relevant authorities and it is not suitable for Points Tested Skills Migration and Employer Nomination visas.

It is important to understand which skills assessment is required for the visa you are applying.  If you need assistance with a skills assessment, contact us at Nevett Ford Lawyer.

 

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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.

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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

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Global Mobility Services - Nevett Ford Melbourne

Nevett Ford Lawyers provides a global immigration mobility service through a network of international immigration partner service providers. These service providers are based overseas and are experts in the immigration requirements of their country. This network allows us to provide global coverage through the use of local experts for our clients needing to deploy staff to locations outside of Australia.

Our existing network covers locations including: New Zealand, United Kingdom, Israel, Singapore, China, Japan, Italy, Indonesia, Malaysia, Fiji, Papua New Guinea and others.

Nevett Ford Lawyers can manage your global mobility requirements utilising our established network of trusted advisors.

Our international partners are experts regarding the local immigration laws, visa requirements and work rights obligations. We have carefully selected our trusted partners and we can pass on the benefits of our established relationships to our client base and coordinate the service for you.

We offer a single point of contact for our clients through our Melbourne CBD office.

Nevett Ford Lawyers also has an attorney providing visa advice and services for the United States of America.

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Partner visa - are you providing enough evidence to Australian Immigration?

The Permanent Partner visa (second stage) is the Subclass 100 and the Subclass 801. Generally the Department of Immigration and Border Protection (DIBP) will make contact with you approximately two years after the Partner visa is lodged. At the time of request, the applicant generally needs to provide:

1. statements from the applicant and the sponsor;
2. updated police clearance in Australia; and
3. updated evidence of cohabitation, financial and social aspects of the relationship.

 

We have recently received many enquiries concerning applicants that have lodged their own Subclass 100/801 that have received unfavourable decisions or request for further evidence from DIBP despite having presented the usual documents and evidence required for this visa.

 

This issue has arisen due to DIBP becoming stringent with assessing documents provided during the second stage of the partner visa and subsequently it is seeking more evidence than only statements and updated police clearance. DIBP’s requirements are to see evidence that the relationship is genuine and continuing following the grant of the temporary visa. Further to lodging the temporary partner visa application, it is ideal to keep a healthy record of all the documents between you and your partner in preparation of the permanent visa stage.

 

Deciding on the evidence that DIBP requires can be difficult and can delay the approval of the visa if not correctly submitted.

Nevett Ford has extensive experience in different areas of migration and can assist you with preparing an application that satisfies DIBP. For further information please contact us for a consultation.

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Government investigating 457 visa fraud

The Coalition government has announced a crackdown on 457 visa fraud, with up to 100 employers to be investigated over allegations they sponsored applications in return for payment, Assistant Immigration Minister Michaelia Cash announced yesterday.

Senator Cash said the compliance campaign involved an "initial assessment" of the 100 sponsors, but also had an educational component — Work visa scams. Don't pay the price — targeting both employers and visa holders.

The Minister said sponsors identified as having failed to meet their obligations could face administrative sanctions, infringement notices, enforceable undertakings or Federal Court civil penalty applications.

"A business that sponsors a visa holder under false pretences may also be committing other offences, such as providing false or misleading information or engaging in misleading or deceptive conduct," she said.

"Visa holders who enter into contrived employment relationships for migration purposes may also be guilty of fraud related offences and/or not meet immigration requirements, including the genuineness criterion."

The Minister said a "small minority" of those involved in migration programs attempted to defraud them or did not abide by their obligations.

The immigration department already has a dob-in service that enables the public to report in person, online, or by phone, fax or mail.

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Disallowance motion - successful (Parent visas & other family visas can now be lodged again)

Senator Hanson-Young's disallowance motion against the Migration Amendment (Repeal of Certain Visa Classes) Regulation 2014, made under the Migration Act 1958 has been successful.

The cessation of non-contributory parent and other family visas ​has been disallowed and these visas can now be lodged again.

 

However, according to Minister Cash's speech against the motion, the parent visa queue is currently 25 years long and prospective applicants should be aware of this information.

We can assist with Contributory Parent and Non-contributory Parent visa and other family visa applications. 

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Significant Investor Visa (SIV) - Update

The table below shows statistics since commencement of the SIV on 24 November 2012 until 31 August 2014.

Item	Total
Expressions of Interest (EOI) submitted through SkillSelect	1650
Invitations to apply for a SIV issued as a result of applicants being nominated by a state or territory government	1382
Primary applications lodged	1172
Primary visas granted	386

As of 31 August 2014:

·         45.8 per cent of primary visa applications have been on hand for less than three months

·         AUD1.930 billion has been invested in Complying Investments

·         AUD3.055 billion is proposed to be invested in Complying Investments.

The table below shows the state and territory distribution of the SIV.

Significant Investor visa: State and territory distribution - 24 November 2012 - 31 August 2014

State	EOIs submitted	Invitations	Applications lodged	Visas granted
Any	39	N/A	N/A	N/A
ACT	4	0	0	0
NSW	550	431	380	146
NT	1	0	0	0
Qld	105	82	64	22
SA	41	35	24	9
Tas.	3	1	1	0
Vic.	846	783	663	193
WA	61	50	40	16
Total	1650	1382	1172	386

The table below shows the distribution of primary visa applications and visa grants for the top five source countries for the SIV.

Applicants for top five source countries	Percentage of total visa applications	Grants for top five source countries	Percentage of total visas granted
China	90.9	China	87.6
Hong Kong	3.1	Hong Kong	3.1
Malaysia	1.0	South Africa	1.6
South Africa	0.6	Japan	1.3
Taiwan	0.6	Malaysia	1.3

The table below shows the state and territory distribution of SIV for the 2013-2014 financial year.

Significant Investor Visa: State/territory distribution - 1 July 2013 – 30 June 2014

State	EOIs submitted	Invitations	Applications lodged	Visas granted
ANY	13	N/A	N/A	N/A
ACT	1	0	0	0
NSW	287	209	198	101
NT	0	0	0	0
Qld	54	36	33	19
SA	25	28	20	8
Tas.	1	1	1	0
Vic.	582	517	452	140
WA	29	24	18	14
Total	992	815	722	282

Last reviewed Friday 19 September 2014

Source: DIBP

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