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Published: 08 July 2017

New Age Limits for Working Holiday Visa

The migration regulations changes made by the Immigration Department this 1^st July 2017 have brought good news to working holiday visa workers.

The Department has amended the eligible age for Subclass 417 Working Holiday, which applicants must be aged at least 18 and no more than 35 years old at the time of application. If an age younger than 35 is specified in an instrument for a specified passport, that younger age limit will be applied.

On the other hand, for subclass 462 Work and Holiday Visas, the increase to age limit is only available for those countries where Australia has negotiated a similar bilateral age increase.

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Published: 04 July 2017

Newsflash on Skilled Visa Changes

Key recent changes prior to 1 July 2017

On 19 April 2017 the occupation lists which determine which occupations are eligible for skilled visas (i.e. subclass 457, 186, 189, 190, 407, 485, and 489 visas) were changed and the eligible occupations were significantly condensed resulting in fewer occupations being available.

For practical purposes, two new lists were in effect created:

• Medium and Long-term Strategic Skills List (MLTSSL)

• Combined list including the Short-term Skilled Occupation List (STSOL).

457 visas for occupations on the MLTSSL are now issued for a maximum of 4 years.  However 457 visas for occupations on the STSOL are only issued for a maximum of 2 years.

1 July 2017 changes

A number of changes have been implemented effective 1 July 2017 which impact the 457, 186, 187, 189, 190, 485, and 489 visa subclasses.

The occupation lists which underpin many of these skilled visa subclasses and determine which occupations are eligible for each visa have again been changed.  Notably:

• 36 occupations have been added and are now also eligible for subclass 457 and 186 visas
• Some occupations have been moved between the STSOL and the MLTSSL
• 12 occupations have been removed from the lists
• Caveats or conditions which apply to certain occupations have also been revised

Subclass 457 Temporary Work (Skilled) Visa

 The key changes are as follows:

• The occupation lists have changed again.The lists which determine which occupations are eligible for the 457 visa and any conditions which apply to those occupations have been changed.
• New English language requirements. The English language requirements and exemptions have been changed.  Notably, 457 visa applications lodged after 1 July 2017 will not be able to claim previous English language salary based exemptions (i.e. which applied to applicants whose salary was over AUD $96,400).  Passport holders of the UK, USA, Canada, NZ, and Republic of Ireland are still exempt in addition to other exemptions including applicants who are nominated by an overseas business sponsor if their base rate of pay is over $96,400.  
• Training benchmark requirements have been changed. These have been clarified and prescribed in more detail. Note that from March 2018 the benchmarks will be substituted for a contribution to the Skilling Australians Fund.
• 4 year visa grants are available to STSOL. Under policy, where requested by the sponsor and required to meet Australia’s international trade obligations, occupations on the STSOL can be granted 4 year terms. 
  
• Mandatory police clearance certificates. Police clearance certificates are now mandatory.

 Subclass 186 Employer Nomination Scheme Visa

The key changes are as follows:

• Temporary residence transition stream applicants are unaffected by occupation changes. For temporary residence transition (TRT) stream applicants (i.e. briefly, those who have worked for at least two years on a 457 visa in the same occupation) the criteria are not dependent on the occupation lists i.e. TRT applicants are not impacted by the changes.

• New occupation list for direct entry stream applicants. For direct entry stream applicants (i.e. those who have never or only briefly worked in Australia and who do not qualify for the temporary residence transition stream) their occupation needs to be on the STSOL or MLTSSL contained in a new list.  The new occupation list requirements apply to nomination applications lodged on or after 1 July 2017.

• Temporary residence transition English level requirements have been raised. TRT applicants must now have competent English (rather than vocational English) unless exempted (IELTS or equivalent test score 6 in each component).

• There are English language exemptions for Temporary residence transition applicants. Applicants who have completed at least 5 years of full time study in a secondary and/or higher education institution where all of the tuition was delivered in English do not have to demonstrate they have competent English at the time of application.

• There is a new requirement to demonstrate a genuine need to employ the visa applicant for Temporary residence transition and Direct Entry applicants. Employers must now also identify a need to employ the visa applicant, as a paid employee, to work in the position under the employers direct control.  The application will only be approved if the Department is satisfied there is a genuine need.

• Direct entry eligible age lowered to 45 (limit is still 50 for TRT for now). All DE applicants must now be under 45 years old unless exempted.  The TRT age limit remains at 50 for now.

• Direct entry age restrictions do not apply to certain occupations. The age restrictions for the direct entry stream of this visa subclass do not apply to Researchers, scientists and technical specialists at ANZSCO skill levels 1 or 2 nominated by Australian scientific government agencies and academics nominated by an Australian university as University Lecturers or Faculty Heads.  Similar exemptions also apply to persons holding subclass 444 (Special Category) visas or subclass 461 (New Zealand Citizen Family Relationship) (Temporary) visas who have been working in their nominated occupation for the same employer for at least 2 years in the 3 year period prior to their application, as well as medical practitioners employed in regional Australia and nominated in a position located in regional Australia subject to conditions.
• Temporary residence transition stream age restrictions do not apply to certain occupations. The age restrictions for the TRT stream of this visa subclass do not apply to Researchers, scientists and technical specialists at ANZSCO skill levels 1 or 2 nominated by Australian scientific government agencies and academics nominated by an Australian university as University Lecturers or Faculty Heads.  Similar exemptions also apply to persons holding subclass 457 visas for 4 years with annual income above the Fair Work High Income Threshold, as well as medical practitioners employed in regional Australia and nominated in a position located in regional Australia subject to conditions. 
• Training benchmark requirements for direct entry stream applicants have been changed. The training benchmark requirements have been clarified and prescribed in more detail. Note that from March 2018 the benchmarks will be substituted for a contribution to the Skilling Australians Fund.

• There are exemptions from direct entry skills assessments. Researchers, scientists and technical specialists at ANZSCO skill levels 1 or 2 nominated by Australian scientific government agencies and persons nominated by an Australian university to be employed as University Tutors, University Lecturers, and Faculty Heads are exempt from the requirement to obtain a skills assessment for direct entry purposes.

Subclass 187 Regional Sponsored Migration Scheme Visa

 The key changes are as follows

• Direct entry eligible occupations are now specified in a new instrument. The eligible occupations for this visa subclass are now specified in a new instrument. 
• There are exemptions from direct entry skills assessments. Direct entry subclass 187 applicants who hold subclass 444 (Special Category) visas or subclass 461 (New Zealand Citizen Family Relationship) (Temporary) visas are exempt from skills assessment requirements if they have been working in their nominated occupation for the same employer for at least 2 years in the 3 year period prior to their application.

• Direct entry eligible age lowered to 45 (limit is still 50 for TRT for now).  All DE applicants must now be under 45 years old unless exempted.  The TRT age limit remains at 50 for now.

• Direct entry age restrictions do not apply to certain occupations. The age restrictions for the direct entry stream of this visa subclass do not apply to Researchers, scientists and technical specialists at ANZSCO skill levels 1 or 2 nominated by Australian scientific government agencies and academics nominated by an Australian university as University Lecturers or Faculty Heads.  Similar exemptions also apply to persons holding subclass 444 (Special Category) visas or subclass 461 (New Zealand Citizen Family Relationship) (Temporary) visas who have been working in their nominated occupation for the same employer for at least 2 years in the 3 year period prior to their application, as well as medical practitioners employed in regional Australia and nominated in a position located in regional Australia subject to conditions. 
• Temporary residence transition English level requirements have been raised. TRT applicants must now have competent English (rather than vocational English) unless exempted (IELTS or equivalent test score 6 in each component).

• There are English language exemptions for Temporary residence transition applicants. Applicants who have completed at least 5 years of full time study in a secondary and/or higher education institution where all of the tuition was delivered in English do not have to demonstrate they have vocational English at the time of application.

Subclass 189 Skilled Independent Visa

 The key changes are as follows:

• Eligible age lowered to 45.

• There is a new pathway to permanent residence for New Zealand Special Category visa (subclass 444) holders.

• The requirements for the points tested stream have also been amended. Applicants for the points tested stream must be on the MLTSSL

 Subclass 190 Skilled Nominated Visa

 The key changes are as follows:

• Eligible age lowered to 45.
• Applicants must be on the MLTSSL or STSOL in a specified list.

Subclass 485 (Temporary Graduate) Visa

he key changes are as follows:

• Applicants must be on the MLTSSL in a specified list. 

Subclass 489 Skilled Regional (Provisional) Visa

 The key changes are as follows:

• Eligible age lowered to 45.

• Family nominated applicants must be on the MLTSSL in a specified list.

• Applicants who are state or territory nominated must be on the MLTSSL or STSOL in a specified list.

Read more about:

Sponsoring EmployeesStandard Business SponsorshipHow to become an approved sponsor?Self SponsorshipSkilled Migration

Upcoming Changes - Stay Informed

Further changes are expected on or around 31 December 2017 and again in March 2018. One of the key reforms is the abolishment of the 457 visa and its replacement with a new Temporary Skill Shortage Visa in March 2018.

Please contact our Migration Agents and Immigration Lawyers if you have any questions. Contact us and stay informed:

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Published: 28 June 2017

Information that all Permanent Residents need to know

 A lot of people might not realise that when their permanent residence is granted they receive a travel facility which is only valid for 5 years.

To maintain your Australian permanent resident status, you must either meet a residence requirement in Australia or prove that you have close ties to Australia.

Although your permanent visa will allow you to remain in Australia indefinitely, the travel facility is only valid for a period of 5 years.

If you wish to continue travelling to and from Sydney after the initial 5-year facility, it is compulsory to either:

• Obtain a Resident Return Visa (RRV); or
• Apply for Australian Citizenship

Australian citizenship is the preferred option as it will allow you to always re-enter Australia. As an Australian citizen, you could also obtain an Australian passport.

To qualify for Australian Citizenship, you must meet strict residence requirements. If the requirements are not met, the Resident Return Visa (RRV) would be the next best option.

For more migration information, contact us and stay informed:

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Published: 14 June 2017

Our migration agents in Sydney say: It's Number Crunching Time

Finding skilled workers can be a challenge for employers across a range of industries and workplaces. Therefore, Australia's skilled migration system targets overseas skilled workers with the skills Australia needs, to help reduce skill shortages or recruitment difficulty.

Australia’s skilled migration system has prioritised the selection of skilled migrants with the skills to address the shortages in Australia's labour market. It targets overseas skilled workers with the skills Australia needs across many industries and complements domestic training policies.

Below are some facts which were recently published by the Department related to skilled migration:
• 128,550 skill stream visas were granted, with the Skill stream comprising approximately 67.7 per cent of the total programme (Skill, family and special eligibility streams).

• The top three occupation groups for primary visa grants in the Skill stream were Professionals (63.1 per cent), Technicians and Trades Workers (22.0 per cent) and Managers (8.6 per cent).

• For comparison, the government has granted approx. 85,000 subclass 457 visa in the previous 12 months.

Small business may consider a visa under the skill stream to avoid the political uncertainty of the 457 visa.

Skilled Migration

Sponsoring EmployeesStandard Business Sponsorship

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Published: 08 June 2017

Key Changes for Businesses 

We have previously discussed changes to the lists of occupations which are eligible for 457 / skilled visas as part of the Government’s planned replacement of the 457 visa by March 2018.

The occupation lists have changed, and new occupation lists determine whether or not an occupation is eligible for a skilled visa.

What key changes can businesses expect in the future?

In effect, there are two new lists for practical purposes:

• Medium and Long-term Strategic skills List (MLTSSL);
• Combined list including the Short-term Skilled Occupation List (STSOL).

The maximum duration of 457 visas where the occupation is listed on the STSOL is 2 years. If listed on the MLTSSL the maximum duration is 4 years.

From a commercial perspective, the following key additional changes are planned in the coming months:

1. Tax file number collection: It has long been the case that when nominating an occupation for employer sponsored visas, the salary for the nominated occupation must be notified to the Department of Immigration and Border Protection, must be above $53,900, and must be equivalent to the market salary rate for the relevant occupation. Prior to 31 December 2017, the Department of Immigration and Border Protection will start to collect tax file numbers for employer sponsored visa holders in order to verify that visa holders are being paid at least the salary which was notified to the DIBP. We believe this measure seeks to further strengthen the integrity of the scheme and ensure that visa holders are in fact paid their full salary.

2. Skilling Australians Contribution: From March 2018 the 457 visa will be replaced with:
   1. a Temporary Skills Shortage visa (Short Term Stream) for up to 2 years. The occupations in the STSOL list will apply for this visa; and
   2. a Temporary Skills Shortage visa (Medium Term Stream) for up to 4 years. The occupations in the MLTSSL will apply for this visa.

In both scenarios, employers will have to pay a contribution to the “Skilling Australians Fund” (payable in full at the time of nomination of the worker). Based on presently available information the contribution will be $3,000 if the business has an annual turnover of less than $10 million. Otherwise it will be $5,000.

Sponsoring EmployeesStandard Business SponsorshipHow to become an approved sponsor?

To minimise any possible interruption from upcoming visa changes for your business, contact us and stay informed:

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Published: 01 June 2017

Processing times for your visa application

The Department of Immigration and Border Protection (DIBP) has published a list of processing times for various visa types and citizenship application programs. This information will be available for most visa and citizenship types, and can be found on DIBP’s website.

The objective: visa applicants may now receive up-to-date information regarding the status of their visa applications.

Two processing times will be displayed for most subclasses, indicating how long it takes to finalise 75% and 90 % of applications globally.

What does this mean for you?

To gain a precise estimate of the visa application processing time, applicants must lodge a complete application. It is significant to note that applications are evaluated on a case-by-case basis, and that actual processing times may vary depending on individual circumstances including:

• whether you have lodged a complete application and included all necessary supporting documents
• how long you take to respond to requests for additional information
• how long it takes to perform required checks
• how long it takes to receive additional information from external parties, particularly in relation to health,
• character, national security, and Assurance of Support requirements
• the number of places available in the migration programme
• increased number of applications and peak periods.

Our migration agents in Sydney can help you to prepare decision ready applications to reduce unnecessary waiting times.

Contact us and stay informed:

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Published: 29 May 2017

Another country is added to the Australian Work and Holiday Visa Program

The Department of Immigration and Border Protection announced a total of potential 200 Vietnamese citizens aged between 18 – 30 will become entitled to enter Australia under the Work and Holiday Visa program. This is a result of the recently signed partnership between Vietnam and Australia allowing a certain number of young individuals to spend a vacation and/or work in their respective countries.
Joining other countries such as China, Indonesia, Spain, Thailand, the USA etc., Vietnam officially becomes the most recent addition to Australia's Work and Holiday Visa Program (subclass 462).

How long am I able to stay in Australia with this Visa?

This visa program allows a visitor to stay in the country for 12 months, work for six months, and study up to four months. The visitor is also given an unlimited “leave and re-enter” privilege while the visa is valid.Vietnamese citizens are able to apply for a second Work and Holiday visa if they have worked for three months in northern Australia in tourism and hospitality or agriculture, forestry and fishing.This program reopens on 1 July every year.

Contact us and stay informed:

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Published: 23 April 2017

The Australian 457 Visa Reform

To kick off the Government’s planned abolishment (and replacement) of the 457 visa by March 2018, there are now two new occupation which lists apply and prescribe the occupations that are now eligible to be nominated for the purposes of various skilled visas (including 457 visas).

Please refer to our previous alert for further background information including:

• What do these changes mean if your application has been lodged but not yet decided; and
• What do these changes mean if you are already on an affected visa.

Our previous alert can be accessed here: 457 and Skilled Visa News

Is my visa application affected?

In effect, there are two new lists for practical purposes:

• Medium and Long-term Strategic skills List (MLTSSL);
• Combined list including the Short-term Skilled Occupation List (STSOL).

Please refer to the following summary table for visa subclass specific information concerning:

• affected visa subclasses;
• the corresponding occupations which have been removed from the relevant occupation list for that subclass; and
• the new list which applies to the relevant visa subclass.

Please also note it is likely that the lists will be further amended in the coming months. We recommend seeking advice if you are amongst the affected visa subclasses.

Australian Visa Subclasses and Relevant Changes

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Published: 19 April 2017

The facts - 457 visas and skilled visas in Australia

On 18 April 2017, the Government announced that it will be abolishing the current 457 visa scheme by March 2018 and replacing it with a new Temporary Skill Shortage visa scheme.

With almost immediate effect after the announcement on 18 April 2017, the occupation lists which are used to determine which occupations are eligible for certain skilled visa subclasses (including 457 visas) have been significantly condensed.  These changes took effect on 19 April 2017.

Current Australian skilled visa changes as at 19 April 2017

It has long been the case that in order to nominate someone for the purposes of a subclass 189, 489, 485, 186, 190, 489, 457, or 407 visa (i.e. skilled visas) it is necessary for the nominated occupation to be specified on a prescribed occupation list.  These were previously known as the Skilled Occupation List (SOL) and the Consolidated Sponsored Occupation List (CSOL).

Amendments to these lists have been made which:

• reduce the number of occupation available for subclass 457 visa applicants from 650 to 434;
• restrict 16 occupations so that they now only apply to the subclass 189, 485, and 489 visa where the applicant is nominated by a state or territory;
• result in 200 fewer occupations being available for 186, 190, 489, 457, and 407 visas;
• impose conditions on 59 occupations for the 457 visa subclass which limit the breadth of the occupation that can be nominated; and
• ensure that specific occupations are only available in relation to certain visa subclasses.

New occupation lists now apply.  In effect, there are two new lists for practical purposes:

• Medium and Long-term Strategic skills List (MLTSSL) and
• Combined list including the Short-term Skilled Occupation List (STSOL).

What if my visa application has been lodged but not decided?

Subclass 190 and 489 visa applicants are basically affected if they have not yet received an invitation on or after 19 April 2017.  If they have received an invitation prior to 19 April 2017, then the previous occupations (i.e. the occupation which is the subject of their invitation) will apply to their applications.  Otherwise, their occupation must be in line with the new list.

Subclass 457 applicants who have pending applications which are yet to be decided will need to immediately ensure that they comply with the new list requirements / conditions.  Please contact us for further assistance.  For example, many occupations are still available, but have been restricted in their scope.  It may still be possible to proceed with your application.  Otherwise, if your occupation does not comply with the new list requirements, you should consider withdrawal (to potentially obtain a refund of your application fees) and consider alternative options (such as the employer sponsored 186 application which is a pathway to permanent residency, if available).  If however there are no issues with your proposed occupation and you are on the MLTSSL, your visa can be approved for up to 4 years.  If your visa is on the STSOL then it can only be approved for up to 2 years.

Subclass 186 and 407 applications which have been lodged but not yet decided should not be affected.  Only new applications made on or after 19 April 2017 need to comply with the new lists.

Further changes may come into force which affect the above in the coming months.

What shall I do now?

We provide the answers to all your questions!

>> Is my visa application affected?

What if I am already on an affected visa. What happens when I need to renew?

Please keep in mind that the news may not accurately reflect the current state of the law.

The 457 scheme continues to exist until the legislature amends the relevant legislation in the usual manner. We will continue to monitor any changes in this regard. We note for example that the Migration Amendment (Putting Local Workers First) Bill 2016 was registered by the House of Representatives on 28 November 2016. We anticipate that the current government will register a new bill soon to provide for further details of the proposed changes. We also anticipate that there will be transitional / grandfathering arrangements in place for existing 457 / skilled visa holders.

In the meantime, it is important for existing 457 visa holders to keep their current 457 visa expiry dates in mind, and seek prompt advice.

We can review your circumstances and suggest alternative pathways. Many of our business clients have already opted for the subclass 186 Employer Nomination Scheme to avoid the political uncertainty of the 457 visa.

Please refer to our webinar which was recently held earlier this year in conjunction with the NSW Chamber of Commerce: www.sydney-migration.com.au/business-solutions.html.

In the course of providing immigration services, Sydney Migration International and its Migration Agents are able to provide advice on a broader range of issues including:

Sponsoring EmployeesStandard Business SponsorshipHow to become an approved sponsor?

Contact us and stay informed:

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Published: 21 August 2015

Skilled migrants in regional parts of Australia

In recognition of the great need for skilled migrants in regional parts of Australia, including capital cities such as Adelaide and Hobart, the Government has been presented with a Regional and Economic Migration Initiative (REMI) to boost migration.

The plan proposes an additional 40,000 migrant places be opened up for migrants seeking to live in areas other than the biggest Australian cities. The initiative presents an exciting prospect for those seeking to migrate permanently to Australia, as the REMI has been described as providing a fast-tracked pathway to permanent residency for investors, small business proprietors, employer nominated, student and temporary visa holders.

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Published: 06 August 2015

120,000 Skilled Stream places available

With over 120,000 Skilled Stream places available in the Migration Programme over 2015-2016, it is an ideal time to achieve points that are readily available. 

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Published: 11 November 2011

New points test under the General Skilled Migration Scheme 

A new points test under the General Skilled Migration Scheme (GSM), as announced on 8 February 2010, may be introduced on 01 July 2011. 

The new points test will be focused on selecting highly skilled people.

Changes may include the award of extra points for e.g.:

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Published: 07 June 2011

New Points Test for Certain General Skilled Migration Visas

The Department of Immigration & Citizenship (DIAC) has officially anounced a new points test to be introduced from 01.07.2011.

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Published: 08 December 2010

Eligible Occupation Lists for Queensland

Queensland's State Migration Plan has come into effect; eligible occupation lists for visa subclasses 176, 886, 475 and 487 have been published.

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Published: 22 November 2010

Eligible Occupation List for Northern Territory

The Northern Territory announced its State Migration Plan on 22 November 2010.

This list of eligible occupations contain large numbers of occupations - containing occupations NOT listed on the SOL - Schedule 3.

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Published: 08 November 2010

Eligible Occupation List for ACT

Canberra, the ACT, has announced its State Migration Plan on 08 November 2010.

Those lists of eligible occupations contain large numbers of occupations - exceeding the number of occupations on the SOL - Schedule 3.

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Published: 02 November 2010

Eligible Occupation List for Victoria

Victoria has signed the Victorian State Migration Plan for visa sponsorships under Skilled-Sponsored and Skilled-Regional Sponsored Visa (subclasses 176/886, 475 and 487).

Victoria has issued two eligibilty lists (occupation lists).

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Published: 10 August 2010

Processing time for Skilled Visa Applications

Skilled visa applications, such as i.e.

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Published: 14 July 2010

New priority processing arrangements 

New priority processing arrangements have come into effect since 01 July when the old Critical Skills List (CSL) was revoked.

New priorities are
1. ENS and RSMS visa applications

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Published: 01 July 2010

The new SOL came into effect

The new SOL came into effect on 01 July 2010 - it consists of 4 schedules.
The current SOL (schedule 3) – applies to all new General Skilled Migration visa applications and contains of just under 200 occupations, i.e.

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