Australia to commence consultations for the new 5-year temporary Parent Visa

The Australian Government has announced that community consultations are about to commence to develop a continuous 5-year temporary visa for parents of Australian citizens or permanent residents. The visa, which the Coalition had promised during the election campaign in June, is set to take effect on July 1, 2017.

At present parents of Australian citizens or permanent residents can apply for a 5-year visitor visa but can only spend up to 12 months in the country in any 18-month period and the visa is offered on a case-by-case basis to applicants who have lodged a concurrent permanent parental visa application. Otherwise the visa is for a 12-month period only.

The announcement comes after the Productivity Commission released a report that suggested supporting parents of immigrants cost the country too much at between $2.6 billion and $3.2 billion over their lifetimes.

The commission recommended an overhaul of the visa scheme, proposing among other changes that families of non-contributing parents paid for private health insurance and provided financial guarantee so they would not be a burden to the Australian government.

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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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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.

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Visa consequences of Turkish failed coup

The failed coup in Turkey will carry significant consequences for Turkish visa applicants.

 

On one side, Turkish citizens in Australia who claim to be opponents of the government will now have a chance to lodge protection visa applications on the basis that they will face persecution if they return to Turkey. Similarly, Turkish citizens seeking Condition 8503 waivers and Schedule 3 waivers (in respect of onshore partner visa applications) will be able to rely on the uncertain political situation in Turkey to have greater chances of success.

 

On the other, Turkish citizens in Turkey will possibly face increased difficulties when lodging student as well as visitor visas since the Department is likely to use the unstable situation in Turkey as a ground to refuse the said applications.

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457 Visa Holders Have Work Rights Too

Employers of 457 Visa holders must comply with both Australian workplace and immigration laws, and any workers who are unfairly dismissed or treated improperly have the right to enforce their rights.


A case brought to the Fair Work Commission by Mrs Maricar Virata, a citizen of the Philippines who had been working in Australia on a 457 Visa, is a clear reminder to all employers of their obligations when considering terminating employees on these visas.


Mrs Virata was employed to be the manager of the Halls Gap Motel. Her salary was $55,000 per annum plus superannuation. Her evidence was that she was expected to work from 7 AM until 1 AM, and she was expected to be on call outside those hours if needed, although this was disputed by the respondent.


She was accompanied in Australia by her de facto partner, and it transpired that he was expected to also work just as hard at the motel, and that her remuneration was to be split between the two of them. The Fair Work Commission found that 'on any view’ this arrangement was exploitative.


Ms Virata claimed that at some point she started to ask questions of her employer about her work conditions and that then, when she was on leave in the Philippines, she was sacked by email.


The respondent denied that she was terminated for the reasons claimed by her but because of two complaints by fellow employees, a complaint from a customer, and because of relationship issues between Ms Virata and her partner.


The commission found that none of the reasons put by the respondent by way of justification for its actions were valid. It also found that the respondent did not give plain and clear reasons to Ms Virata prior to making the decision to terminate her; nor was  she given an opportunity to address any of the complaints which been made about her.


Ms Virata had not been given any proper warnings about how her performance was perceived by the respondent and because she was terminated by email once the complaints were put, she did not have an opportunity to respond to them with a support person present.


The commission described the respondent’s processes as being “inappropriate and unfair” and found Ms Virata was entitled to compensation for unfair dismissal.


Another factor taken into account by the commission was that because Ms Virata was on a 457 visa, it would be expected that the consequences of her being terminated were even more serious than might usually otherwise be the situation.


457 Visa holders need to be aware that there are employers who will try and take advantage of their vulnerable situation and terminate their employment without regard to their legal rights. Any worker who believes they have had their rights infringed should seek immediate legal assistance.

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