Australian Immigration Associates

06/08/2018

The SAF Charges Act commences on 12 August 2018. Section 7 of the SAF Charges Act imposes the charge payable under section 140ZM of the Migration Act. Section 140ZM is inserted by the Migration (Skilling Australians Fund) Act 2018, which also commences on 12 August 2018.

21/11/2017

Impacts for existing 457 visa holders wishing to apply for permanent residence

If I hold a 457 visa, can I apply for permanent residence through the TRT stream of the subclass 186 or 187 visa after March 2018?

Yes, this stream is available to all subclass 457 holders who meet the various requirements.

Transitional arrangements will be put in place in March 2018 in relation to certain requirements if you held or applied for your subclass 457 visa before 18 April 2017.

If I hold a 457 visa, can I apply for permanent residence through the DE stream of the subclass 186 or 187 visa after March 2018?

Yes, this stream is available to all subclass 457 holders who meet the various requirements, including being nominated in an eligible occupation

If I turn 45 shortly, can I apply for permanent residence through the subclass 186 or subclass 187 visa?

No, you will not meet the requirements for a subclass 186 or 187 visa unless:
• you held or had applied for your subclass 457 on 18 April 2017 and are applying under the TRT stream – see below; or
• you meet one of the age exemptions for these visa subclasses/

Further information is available on the Department’s website at:
www.border.gov.au/Trav/Visa-1/186-?modal=/Trav/Work/Work/Age-Skill-and-English-Language-Exemptions-Permanent-Employer-Sponsored-Programme.

29/06/2017

Western Australia

​​​On a Nominated Regional visa (subclass 489), you are required to live and work in a regional or low population growth metropolitan area.

You cannot live or work in the capital city of Perth.

In Western Australia there are nine areas which are considered to be regional:

Gascoyne
Goldfields-Esperance
Kimberley
Pilb​ara
Mid West
South West
Great Southern
Peel
Wheatbelt

Below are the postcodes for areas which are considered regional in Western Australia.
​Western Australia
except Perth and
surrounding areas ​6041 to 6044
6083 to 6084
6121 to 6126
6200 to 6799

29/06/2017

WA Skilled Occupations List down from 178 to 18

Western Australian Premier Mark McGowan announced that the West Australian Skilled Migration Occupations List (WASMOL) used for state nomination has been slashed.

The new list contains 18 occupations which the Premier said reflects the fields where there is a genuine need to attract overseas workers.

Applicants are required to provide evidence of a minimum one year full-time employment contract for all occupations on the WASMOL.

The 18 occupations in the new WASMOL are:

Sonographer​​
​Orthoptist
​Audiologist
​General Practitioner
​Gastroenterologist
​Rheumatologist​
Psychiatrist
Neurosurgeon
Otorhinolaryngologist
Vascular Surgeon
Obstetrician and Gynaecologist
Radiation Oncologist
​Midwife
​Registered Nurse (Child and Family Health)
​Registered Nurse (Community Health)
​Registered Nurse (Critical Care and Emergency)
​Registered Nurse (Mental Heal​th)
​Registered Nurse (Perioperative)

29/06/2017

Migration (IMMI 17/035: Specification of Income Threshold and Exemptions for Subclass 189 Skilled – Independent Visa (New Zealand Stream)) Instrument 2017

The Legislative Instrument - F2017L00723 - IMMI 17/035 - Specification of Income Threshold and Exemptions for Subclass 189 Skilled – Independent Visa (New Zealand Stream) Instrument 2017 was issued on 21 June and will be in effect from 1 July 2017.
This Instrument specifies for Schedule 2, for 189.233(1)(a) the following minimum income threshold:
Completed income year Minimum amount of income
2011-2012 $49,330
2012-2013 $51,400
2013-2014 $53,900
2014-2015 $53,900
2015-2016 $53,900
2016-2017 $53,900
In addition to this, the Instrument also specifies for 189.233 (1)(b) of Schedule 2, the class of exempt applicants and evidence in relation to that class.
The Primary NZ applicants must:
1. hold a Subclass 444 (Special Category) Visa; and
2. were unable to meet the income requirement for any period during 5 years immediately before making an application due to reasons outlined in the instrument; and/or
3. if the applicant returned to New Zealand; and/or
4. immediately prior to the period of parental or carer’s leave, had an annual income that was no less than the applicable minimum amount specified; and/or
5. have resumed, or are expected to resume within a reasonable period.

29/06/2017

http://www.liveinvictoria.vic.gov.au/visas-and-immigrating/visa-nomination-occupation-lists/visa-nomination-occupation-list-for-victoria #.WVRJ8lFLeUl

Victoria’s skilled migration program seeks to attract highly skilled and employable professionals and tradespeople with occupations that are difficult to source from the local labour market.

26/06/2017

Working in Australia - six months with one employer

If you hold a Working Holiday (subclass 417) or Work and Holiday (subclass 462) visa, the main purpose of your visit must be for an extended holiday. You can do any kind of work over the course of your 12 month stay in Australia; however, the conditions of your visa limit you to a maximum period of six months work with any one employer, unless you've been given permission by the Department of Immigration and Border Protection to work longer.

However, you do not need to seek permission to work with the same employer for up to 12 months, in circumstances where the work is undertaken in different locations and work in any one location does not exceed six months.

For example, you can work with one employer for up to 12 months in the following situations:

hotels, resorts or restaurants within the same chain, provided they are in different premises
independently owned franchises, in different workplaces
State and Territory schools and health care facilities, provided these facilities are at different addresses
separate branches or facilities (for example abattoirs or farms) of the same organisation or business owner.

03/05/2017

Reforms to Australia’s temporary employer sponsored skilled migration program—abolition and replacement of the 457 visa

Changes from March 2018

From March 2018, the 457 visa will be abolished and replaced with the TSS visa. The TSS visa will be comprised of a Short-Term stream of up to two years, and a Medium-Term stream of up to four years.

The Short-Term stream is designed for Australian businesses to fill skill gaps with foreign workers on a temporary basis, where a suitably skilled Australian worker cannot be sourced.

The Medium-Term stream will allow employers to source foreign workers to address shortages in a narrower range of high skill and critical need occupations, where a suitably skilled Australian worker cannot be sourced.

The Short-Term stream will include the following criteria:
- Renewal: Capacity for visa renewal onshore once only.
- Occupations:
o For non-regional Australia, the STSOL will apply.
o For regional Australia, the STSOL will apply, with additional occupations available to support regional employers.
- English language requirements: A requirement of an International English Language Testing System (IELTS) (or equivalent test) score of 5, with a minimum of 4.5 in each test component.
- Genuine entry: A genuine temporary entrant requirement.

The Medium-Term stream will include the following criteria:

- Renewal: Capacity for visa renewal onshore and a permanent residence pathway after three years.
- Occupation lists:
o For non-regional Australia - the MLTSSL will apply.
o For regional Australia - the MLTSSL will apply, with additional occupations available to support regional employers.
- English language requirements: a requirement of a minimum of IELTS 5 (or equivalent test) in each test component.
Eligibility criteria for both streams will include:
- Work experience: at least two years’ relevant work experience.
- Labour market testing (LMT): LMT will be mandatory, unless an international obligation applies.
- Minimum market salary rate: Employers must pay the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold requirements.1
- Character: Mandatory penal clearance certificates to be provided.
- Workforce: A non-discriminatory workforce test to ensure employers are not actively discriminating against Australian workers.
- Training requirement: a strengthened training requirement for employers to contribute towards training Australian workers.

03/05/2017

Reforms to Australia’s permanent employer sponsored skilled migration program

Changes from March 2018

From March 2018, for ENS and RSMS:

- For the ENS and RSMS visa: The MLTSSL will now apply, with additional occupations available to support regional employers for the RSMS.
- Minimum market salary rate: Employers must pay the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold. 1
- Residency: The permanent residence eligibility period will be extended from two to three years.
- Work experience: At least three years’ relevant work experience.
- Age: All applicants must be under the maximum age requirement of 45 at the time of application.
- Training requirement: a strengthened training requirement for employers to contribute towards training Australian workers.

02/05/2017

Reforms to Australia’s temporary employer sponsored skilled migration program—abolition and replacement of the 457 visa

Changes by December 2017

Before 31 December 2017, for the existing 457 visa:

- The Department of Immigration and Border Protection (the Department) will commence the collection of Tax File Numbers for 457 visa holders (and other employer sponsored migrants), and data will be matched with the Australian Tax Office’s records to ensure that visa holders are not paid less than their nominated salary.

- The Department will commence the publication of details relating to sponsors sanctioned for failing to meet their obligations under the Migration Regulation 1994 and related legislation.