The applicant – a young Australian man who suffers a significant intellectual disability. – had tried on numerous occasions to secure a partner visa for his young wife. The applications – despite being lodged by a well known migration law firm – were consistently refused by DIAC on the grounds that his intellectual disability robbed him of the capacity to understand concepts like “love” “marriage” and consequently DIAC believed he lacked the ability to “sponsor” his wife were she to come to Australia.

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The headline changes include:

SUBCLASS 132 BUSINESS TALENT (SIGNIFICANT BUSINESS HISTORY STREAM)

Net Business and Personal Assets of AUD$1.5 million to be transferred to Queensland within 2 years after visa is granted including:

• minimum AUD$1million investment in a business
• minimum AUD$500,000 settlement costs
• must reside in Queensland.

SUBCLASS 188 BUSINESS INNOVATION AND INVESTMENT

1. Innovation Stream: Net Business and Personal Assets of AUD$800,000 to be transferred to Queensland within 2 years after visa is granted including:
   • minimum AUD$200,000 investment in a business
   • must reside in Queensland
2. Investor stream:
   • Existing criteria remains the same
   • must reside in Queensland
3. Significant Investor Stream (SIV):
   • current Austrade Complying Investment Framework
   • commitment to Queensland.

QUEENSLAND SKILLED OCCUPATION LIST (QSOL)

The new QSOL will be released and come into effect as of Monday 25 July 2016.

BSMQ will suspend processing Expressions of Interest (EOI) from Thursday 14 July until Friday 22 July 2016 in order to update the relevant fact sheets and application forms, and the new QSOL

From Monday 25 July 2016, BSMQ will commence processing EOI’s under the newly approved business criteria & QSOL list.

If you or anyone you know is about to lodge a Business or SKILLED VISA  sub class 485, 189 or 190 or has had a  visa refused or cancelled please speak to one of the lawyers at our office for thorough advice on your options.

Call   03 9614 0218 or email         info@arlaw.com.au

to arrange a free initial 30 Minute consultation at our Melbourne office.

For more go to www.arlaw.com.au
Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page

The post New Queensland Business & Skilled Occupation list starts Tomorrow appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

Call   03 9614 0218 or email         info@arlaw.com.au

to arrange a free initial 30 Minute consultation at our Melbourne office.

For more go to www.arlaw.com.au
Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page

THE HON PETER DUTTON MP

Minister for Immigration and Border Protection

SCHEDULE 1

Skilled Occupation List (SOL)

(Specification of occupations, countries, and assessing authorities for the purposes of paragraphs 3, 4 and 5, specification of occupations and assessing authorities for the purposes of paragraphs 6 and 7 and specification of occupations and their corresponding 6-digit code for the purposes of paragraphs 2 and 8 of this instrument)

SCHEDULE 2

Consolidated Sponsored Occupation List (CSOL)

(Specification of occupations, countries, and assessing authorities for the purposes of paragraph 5, specification of occupations and assessing authorities for the purposes of paragraphs 6 and 7 and specification of occupations and their corresponding 6-digit code for the purposes of paragraphs 2 and 8 of this instrument)

NOTES

FOR SCHEDULE 1 AND SCHEDULE 2

1.                  ANZSCO means the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics and current as at
1 July 2016.

2.                  nec means “not elsewhere classified”.

3.                  * Judges and Magistrates are appointed positions, appointed by the Attorney General’s Department.

4.                  ** Tribunal Member comprises a large number of different positions appointed by different relevant agencies.

5.                  *** indicates that, despite paragraphs 2, 5 and 6, for a nomination or visa application for a Subclass 457 visa or a Subclass 186 visa, the occupation excludes positions in Fast Food or Takeaway Food Service.

6.                  **** indicates that Minister of Religion is specified as a skilled occupation only for the purposes of paragraph 2.72I(5)(ba) of the Regulations, and only in relation to an application for a Subclass 402 Training and Research visa. Minister of Religion is not specified as a skilled occupation in relation to any other visa subclass, despite paragraphs 2, 5, 6 and 8.

7.                  The acronyms used to refer to an Assessing Authority mean:

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In a statement, Immigration Minister Peter Dutton said his department had been working on the case with the Australian Federal Police, as well as police in NSW, South Australia and Queensland.

“This calendar year, my department has sanctioned eight migration agents resulting in either a caution, suspension, cancellation or a barring decision on their registration.

The post Don’t risk it with a migration agent: The Australian Government warns against using Migration Agents appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

The 457 visa has become more and more popular. The number of visas granted increased from 30,000 in 1998 to about 120,000 in 2013. The 457 visa allows migrants who are sponsored by an Australian business under standard business sponsorship or under a labor agrrement with the Australian Immigration Department entry to work in Australia for up to 4 years. You will also need to meet various skills, language, and health requirements as well as undergo a background check.

In order to employ a worker on an Australian 457 visa the employer must be looking to fill a position on the Australian government’s skilled occupation list, the employer must also demonstrate that they have a good record of employing Australian workers, and must have ‘no relevant ‘adverse information’ against them; such as evidence of previous bad practice. In some situations, such as if the employer has negotiated a ‘labour agreement’ with the Australian government, labor market testing is not required.

Hospitality, IT, and science sectors see biggest rise in demand for 457 work visa

The popularity of this visa looks set to increase further. In the 9 months between June 2014 and March 2015 – the period the figures cover – 40,870 applications were made for the 457 visa, up by 15% on the 35,440 applications made in the same 9 month period ending March 2014.

Broken down by category the application increases were concentrated in accommodation and food services (37%), IT (31%), and professional, scientific and technical services (27%). Around 50% of the visa applicants were from India, the UK, and China.

According to the figures around 25% of 457 visa holders are foreign students and travellers.

Surge in engineers on 457 visas

The rise in applications for the 457 visa’s professional, scientific and technical category is due to the shortage of engineers in Australia. According to the Australian Financial Review newspaper, over the last ten years the Australian economy has needed 20,000 new engineers per year; Australian universities only produce around 9500 engineering graduates each year.

The shortfall has been made up mainly by skilled migrants. 5935 457 visas have been granted to engineers since 2013. Engineering was taken off the Australian Employment Department’s skills shortage list in that year, despite continued demand for workers with these skills.”

If you or anyone you know is applying for a 457 visa or has had their 457 visa refused or cancelled call AR LAW Services today on 03 9614 0218 or email info@arlaw.com.au  for an initial FREE 30 minute appointment at our Melbourne office to discuss your legal options.

For AR LAW Services: Master Immigration Lawyers are expert at 457 visa applications and appeals.

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Bobby Singh and two of his associates, Mukesh Sharma and Rakesh Kumar, have running an immigration racket.

As well as his labour hire companies which supply Australia Post, Bobby Singh owns and runs St. Stephen Institute of Education in Melbourne’s outer-north. Rakesh Kumar is also a part-owner of the company.

Mukesh Sharma owns and runs another training college, Symbiosis Institute of Technical Education, which operates above this fish wholesaler in Footscray.

The colleges charge international students up to $10,000 for diplomas in business and IT, but the AFP alleges neither college is actually doing any teaching.

INGRID KUSTER: So the allegation is that there’s international and domestic students, but they don’t actually attend those institutions and they’re actually redirected off to work for contractors that have got contracts with Australia Post.

For the full report go to   http://www.abc.net.au/7.30/content/2015/s4287814.htm

AR LAW Services: Master Immigration Lawyers help victims of negligent and fraudulent migration agents. If you or some one you know has had their visa cancelled or refused because of the negligent or fraudulent behavior of a Migration Consultant. (Migration Agent or Education Agent) you should speak to AR LAW Services.

Given AR LAW Services are lawyers we can help not only with your visa problems but we maybe able to secure you compensation (money) for the damage you have suffered: ie breach of contract etc.

Call AR LAW Services now on 03 96140218 or email: info@arlaw.com.au to discuss your legal options.

Want PR?            Call AR!

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The program, which forms part of the Business Innovation and Investment stream, targets individuals that are willing to invest a minimum of $15 million dollars (AUD) into Australia. A complying investment framework governs the ways in which the capital may be spent.

Complying investments include:

• Australian managed fund(s).
• Australian securities exchange listed assets.
• Australian government or semi-government bonds or notes.
• Corporate bonds or notes issued by an Australian exchange listed entity (or wholly owned subsidiary of the Australian listed entity) or investment grade rated Australian corporate bonds or notes rated by an Australian Financial Services (AFS) licensed debt rating agency.
• Australian proprietary limited companies.
• Real property in Australia excluding residential property.
• Deferred annuities issued by Australian registered life companies.
• State and Territory Government approved philanthropic donations.

Restrictions on investments include:

• Investment capital must have been lawfully obtained and be unencumbered.
• Eligible funds may not allocate cash to more than 20% of a fund’s net assets.
• Derivatives may be used for risk management purposes only.
• No direct investment in residential real estate and a limit of 10% indirect investment in residential real estate through investment vehicles.

Applicants are required to hold the temporary PIV for a period of 1 year. Once permanent residency has been granted, an individual would be granted all the rights held by a person that obtained permanent residency through another migration pathway, including the right to purchase residential property.

At least one advantage of the PIV over the significant investor visa (SIV) is that applicants are not required to maintain residency in Australia over the temporary visa period.

In addition to meeting the terms of the complying investment arrangements, applicants must declare a genuine commitment to maintain business or investment activities in Australia.

Individuals seeking to apply for the PIV must first submit an expression of interest made through Skill Select.

After an EOI has been received, selection for the PIV will be entirely managed by Austrade. In addition to the $15 million investment, Austrade will be targeting candidates with notable ‘entrepreneurial skill or talent’. No guidelines have yet been released on what skills or talents are being targeted.

If you or anyone you know are interested in applying for an Australian visa or if you or anyone you know is having trouble keeping their visa or if you wish to apply for Australian Citizenship call AR LAW Services now on 03 9614 0218 or email: info@arlaw.com.au .  Or come to our Melbourne office for a free initial 30 Minute consultation to discuss your options.

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Are you a skilled worker interested in migrating to Australia? SkillSelect is an online system that allows you to quickly and easily enter your details to be considered for an invitation to apply for a skilled visa.

SkillSelect identifies overseas workers with the skills that are most in need in Australia. To find out if you have a skill that Australia needs, have a look at the Skilled Occupation lists on our website. State or territory governments will use SkillSelect to identify and select skilled workers that they wish to nominate for a skilled visa.  If you are nominated by a state or territory government, this will increase your opportunity to receive an invitation.

Over 39,000 invitations for skilled visas were issued in the 2014-15 programme year. 

If you are thinking of applying for an Australian visa you should speak to AR LAW Services: Master Immigration & visa lawyers first.  Contact us now for an initial free 30 minute consultation at our Melbourne office.

The post Visa updates from the Department of Immigration appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

The Accounting Professional Bodies have announced changes to the skills assessment requirements. These will make it more difficult to meet the educational requirements for skills assessment from 1 July 2015.

The changes see the current 12 core accounting areas reduced to 9. Most applicants will need to show that they meet 7 of these, though some occupations will require applicants to meet 8 of them.

However, the devil is in the detail and below is a detailed analysis of the changes.

Assessing Bodies Affected

All accounting professional bodies will change their criteria from 1 July. This includes:

• Chartered Accountants Australia and New Zealand
• CPA Australia
• Institute of Public Accountants

Occupations Affected

The changes will affect all occupations assessed by the accounting professional bodies, including:

• Finance Manager ANZSCO 132211
• Accountant (General) ANZSCO 221111
• Management Accountant ANZSCO 221112
• Taxation Accountant ANZSCO 221113
• Corporate Treasurer ANZSCO 221212
• External Auditor ANZSCO 221213

Overview of Assessment Criteria

For most applicants applying for a permanent skills assessment, the following must be met:

• Qualification: a qualification comparable to an Australian bachelor degree. There is no change to this requirement.
• Core Accounting Knowledge Areas: you must have covered certain compulsory subjects in your qualification. The changes from 1 July are in relation to which subjects are required.
• English Language: you must undertake an English test. Requirements are similar to those for proficiency in English. There is no change to this requirement.

Compulsory Subjects – All Occupations

The range of compulsory subjects for assessment has increased from 4 to 7 for most occupations. This gives applicants less choice in how they make up the required subject areas. The compulsory subjects from 1 July will be:

• Accounting Systems and Processes: No Change – previously required for all applicants
• Financial Accounting and Reporting: now made up of Financial Accounting (an advanced subject covering accounting for corporate groups and reporting) and Accounting Theory (another advanced subject covering accounting standards and new developments in accounting). Previously, Accounting Theory was compulsory only for the Accountant (General) and Management Accountant occupations.
• Management Accounting: No Change – previously required for all applicants
• Finance: Previously optional for most applicants, apart from Finance Managers and Corporate Treasurers
• Business Law: Previously optional for all applicants. This will now include both Commercial Law (covering contracts and typically employment law) as well as Corporations Law (general a fairly detailed subject covering laws applying to companies).
• Economics: previously optional for all applicants
• Quantitative Methods: previously optional for all applicants

Compulsory Subjects – External Auditors and Tax Accountants

In addition to the above core areas, External Auditors will need to complete Audit & Assurance, and Tax Accountants will need to complete Australian Taxation Laws.

This means that for these occupations, 8 core areas will need to be covered, rather than 7 as required for other occupations.

Accounting Information Systems

Accounting Information Systems has been removed from the list of core knowledge areas. Many applicants have completed subjects which met the requirement for this core area (effectively an introduction to computing in a business context).

Conclusion

The changes may have a significant impact on some applicants, and effectively require the same compulsory core accounting areas to be completed by all applicants.

External Auditors and Tax Accountants will need to complete one more essential core subject as compared to other accounting professions. Previously, all applicants needed to cover the same number of core subjects (9).

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Religious organisations must sign up to the available Minister of Religion Industry Labour Agreement before lodging an employer nomination for Subclass 186 Visa under the Agreement Stream. For the Subclass 457 Visa, religious organisations must also sign up to the Minister of Religion Labour Agreement before a nomination for a temporary worker can be lodged.

From 1 July 2015, exemptions will no longer be available for Ministers of Religion for the age, skill and English language requirements under the Direct Entry and the Temporary Residence Transition streams of the Subclass 186 and Subclass 187 Visas. Applicants must meet the requirements as outlined in the Minister of Religion Industry Labour Agreement.

If an employer nomination for a Minister of Religion is lodged before 1 July 2015 and is subsequently approved after this date, the corresponding visa application can be lodged for the relevant stream of the Subclass 186 or Subclass 187 Visa. However, the exemptions to age, skill and English language available to Ministers of Religion will no longer apply.

Information on the key features of the Minister of Religion industry labour agreement, and on how to request a labour agreement, is attached.

Age exemption for eligible medical practitioners in regional Australia

To attract and retain vital health services in rural areas, there is an exemption to the age requirement for eligible medical practitioners who are 50 years of age and over, work in regional Australia and who wish to apply for the Subclass 186 Visa and Subclass 187 Visa.

From 1 July 2015, the age exemption available to medical practitioners in regional Australia will no longer require employment with the same employer while holding a Temporary Work (Skilled) Subclass 457 Visa or a Medical Practitioner (Temporary) Subclass 422 Visa.

Instead, medical practitioners applying for a Subclass 186 or Subclass 187 Visa must demonstrate at least four years employment in the nominated occupation. These medical practitioners must demonstrate that at least two years of the required four years employment was located in regional Australia and the nominated position will also be located in regional Australia.

If you wish to apply for state sponsorship – talk to AR LAW Services.  Free initial conference (conditions apply)

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