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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Fast food businesses will no longer be able to bring in foreign workers on 457 visa

The Minister for Immigration and Border Protection Peter Dutton announced recently that the government has ended the Fast Food Industry Labour Agreement which saw hundreds of foreign workers take jobs at fast food outlets across Australia.

 

McDonalds, Hungry Jack’s and KFC will be barred from sponsoring foreign workers on 457 visas, which are intended to fill temporary skill shortages. This will provide more career opportunities for Australian workers, particularly young Australians.

 

The Coalition Government is committed to implementing reforms that strengthen Australia's skilled migration programme to ensure overseas workers supplement rather than provide a substitute for Australian workers

 

Therefore Australia has introduced a new work visas from November 2016. The new visa subclasses would allow applicants to enter Australia for temporary work or a specified activity.

 

As a result, those currently working in fast food chains on 457 visa will be forced to leave Australia once their agreements run out unless the restaurant is able to present an individual case as to why they should remain in the country.

 

Businesses will be allowed to request for foreign workers in exceptional circumstances and businesses can still make requests under normal labour agreement arrangements to ensure that exceptional circumstances can be considered.

 

Genuine business needs for overseas workers which contribute to economic growth will still be considered

 

The debate on 457 visas which allows employers to bring in skilled workers from abroad has gained momentum recently with the Australian government undertaking a review of the list of occupations available for the application of 457 visa.

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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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Working Holiday Visa - Definitions of "Specified Work"

The Minister for Immigration, Peter Dutton has specified (by way of Legislative Instrument, 5 May 2016) what ‘specified work’ will satisfy the Working Holiday visa ‘regional work’ requirements, as follows:-

(i) plant and animal cultivation:

A. the harvesting and/or packing of fruit and vegetable crops;

B. pruning and trimming vines and trees;

C. general maintenance crop work;

D. cultivating or propagating plants, fungi or their products or parts;

E. immediate processing of plant products;

F. maintaining animals for the purposes of selling them or their bodily produce, including natural increase;

G. immediate processing of animal products including shearing, butchery, packing and tanning;

H. manufacturing dairy produce from raw material.

(ii) fishing and pearling:

A. conducting operations relating directly to taking or catching fish and other aquatic species;

B. conducting operations relating directly to taking or culturing pearls or pearl shell.

(iii) tree farming and felling:

A. planting or tending trees in a plantation or forest that are intended to be felled;

B. felling trees in a plantation or forest;

C. transporting trees or parts of trees that were felled in a plantation or forest to the place where they are first to be milled or processed or form which they are to be transported to the place where they are to be milled or processed.

(iv) mining:

A. coal mining;

B. oil and gas extraction;

C. metal ore mining;

D. construction material mining;

E. other non-metallic mineral mining and quarrying;

F. exploration;

G. mining support services.

(v) construction:

A. residential building construction;

B. non-residential building construction;

C. heavy and civil engineering construction;

D. land development and site preparation services;

E. building structure services;

F. building installation services;

G. building completion services;

H. other construction services.

Nevett Ford Lawyers can assist with all visa related matters.

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H-1B petition applications expected to increase yet again in 2015!

With a staggering number of 172,500 H-1B petitions filed with USCIS in 2014, the H-1B annual cap of 85,000 was well exceeded this year with an increase of nearly 50,000 petition applications since 2013.

U.S. Attorneys are saying that H-1B petition applications are just going to keep increasing exponentially in the coming years, however supply will remain low. "About 87,000 applicants didn't hear their number called in last year's lottery; many of them will likely try again in 2015, whether with the same prospective employer or a new one."

In the past, the window for filing H-1B petitions from April 1 has be open for weeks and sometimes even months, however next year this window of opportunity is set to be limited to merely days due to the large volume of applications being submitted.

Please see the following link for the full article: http://www.informationweek.com/strategic-cio/team-building-and-staffing/h-1b-visas-what-to-expect-in-2015/a/d-id/1317529

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Migration Lawyers

We have a qualified and experienced team of migration lawyers to assist with Australian migration law issues. These services include:

• General and Complex Migration Law issues
• Visa Cancellations
• Visa Application Refusals
• Expired visas and unlawful Residence Status
• Employer Sanctions and Investigations
• Appeals to the Migration review Tribunal
• Appeals to the Federal Court and High Court
• Appeals to the Minister for immigration and border protection.

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SmartGate for Singaporean nationals - now available

Minister Cash announced today that the SmartGate capability will be permanently extended to include arrivals for Singaporean nationals at the eight major Australian airports. SmartGate is currently availalbe on a permanent  basis for Australian, New Zealand, US and UK citizens on a permanent basis and is still being trialled for Swiss electronic passport holders.

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Validity of skills assessment

Following amendments to the Migration Regulations 1994, from 1 July 2014, if a skills assessment is mandatory as part of a visa application, it will only be valid for a period of 3 years from the date of issue, unless a shorter validity period is specified on the assessment.

A skills assessment must be valid at the time of lodgement for the following visas:

• Direct Entry stream of the Employer Nominated Scheme (subclass 186) visa;
• Direct Entry stream of the Regional Sponsored Migration Scheme (subclass 187) visa; and
• Graduate Work stream of the Temporary Graduate (subclass 485) visa.

These changes do not affect the Temporary Work (Skilled)(subclass 457) visa.

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Visiting Academic visa - Australia

Visiting academic visas are available to professional academics to participate in research projects conducted by Australian tertiary and/or research institutions. It is usually not appropriate for academics who will receive remuneration in Australia or who will be teaching or lecturing.

To be eligible for a visiting academic visa, you must demonstrate - amongst other things – a significant record of achievement in your field. Just holding a PhD may not be sufficient.

If you do not appear to satisfy the requirements, our expert immigration lawyers can advise you of more appropriate visa options that may be open to you.

Before applying for a visiting academic visa, you must first secure sponsorship from an approved academic sponsor and be nominated by the sponsor.

Academic visas are usually subject to work restrictions that limit what you can do in Australia. It is very important that you understand these restrictions before applying for a visa.

Obligations are also imposed on the sponsoring organisation. Non-compliance with these obligations can result in the organisation being fined or having restrictions placed on its ability to sponsorship people in the future.

If you have any questions or require advice, please contact Ryan Curtis-Griffiths at Nevett Ford Lawyers Melbourne by telephone: +61 3 9614 7111 or by email: rcurtisgriffiths@nevettford.com.au

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Contributory parent visa application fees increase

There has been an increase in both the first instalment and second instalment of the Visa Application Charge (VAC) for Contributory Parents. This affects offshore (Subclass 143) as well as onshore (Subclass 864) applicants.

The first instalment has gone up from $2,060 to $3,520 and the second instalment from $42,220 to $43,600 effective from 22 March 2014.

The new fees were originally to be implemented as from 1 September 2013 but the amounts were found to exceed the maximum limit under the Migration (Visa Application) Charge Act 1997 (the VAC Act) and could not be applied.

This issue has now been corrected and the VAC increases intended for 1 September 2013 have taken effect as from 22 March 2014.

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