Import changes including the move to 2 occupation lists, and the removal of a pathway to permanent residency for a large number of applicants employed in occupations on the Short Term Skilled Occupation List (‘STSOL’).

That having been said, the system fundamentally remains a temporary work visa system requiring skilled applicants with good health and character to fill skilled positions which cannot be filled by Australians.

Nominations:

This step is to do with the position and has retained many of the old procedures

Occupation Lists:

Beginning in July 2017 the available occupations have been significantly reduced. Those occupations that remain available have been divided into either the Medium & Long Term Skill Shortage List (‘MLTSSL’) or the STSOL.

More recently was the introduction of a number of occupations specifically available in regional areas, called the Regional Occupation List . Despite the name, the Regional Occupation List is not a separate list and regional occupations appear on each of the lists for the various subclasses or visa types.

Caveats (ie. inapplicability criteria) have been adjusted to reflect the new requirements of the 482 TSS visa:  Caveats should be checked carefully for each occupation. It is expected that caveats will be revised on a regular basis.

Genuine Temporary Entrant:

GTE has been introduced for STSOL occupations. The applicant must demonstrate that they do not intend for their stay in Australia to be permanent.

Australian Market Salary Rates & Equivalent Terms & Conditions

Also introduced: Australian Market Salary Rate (‘AMSR’). The AMSR must be above or equal to the Temporary Skilled Migration Income Threshold (‘TSMIT’) and must be equivalent to what is paid to an Australian in the same workplace and location.  A broader assessment of the employment conditions will be made to ensure that 482 TSS visa holders will receive the same conditions as Australians.

The business must also certify that the conditions apply with all Federal, State, and/or Territory employment laws.

Training obligations

Although flagging the introduction of a new training system:  the Skilling Australia Fund (‘SAF’) Levy, this has not yet happened, consequently the previous Training Benchmark system for current sponsors, who have an ongoing obligation to meet their original training commitments, and new sponsors, who must commit to meeting the Benchmark in the next 12, presumably if the SAF Bill does not pass. It is expected that this obligation will be removed once the new SAF Levy passes Parliament and is introduced.

If and when the SAF Levy passes, sponsors will be required to pay the Levy based on the number of years they are seeking sponsorship for the position. Fees of $1800 per year apply to businesses with a turnover above $10 million or $1200 where turnover is under $10 million.

Validity:

As was the case from July 2017, visas are limited to a maximum of 4 years for occupations on the MLTSSL, or 2 years for occupations on the STSOL. Exemptions apply to allow STSOL occupations to be granted for 4 years where International Trade Obligations apply, such as Free Trade Agreements or WTO GATS.

Renewal

Visas in the MLTSSL stream may be renewed indefinitely while the occupation remains on this list. Visas for STSOL occupations can only be renewed once onshore. Subsequent renewals may be made from offshore but this may impact on claims the applicant is a Genuine Temporary Entrant.

Labour Market Testing: LMT

Labour Market Testing requirements are to be tightened. These are some of the expected changes:

Sponsors must demonstrate at least two advertisements on:

National recruitment website

National print media

National radio; or

If an accredited sponsor, on their website.

Social media (such as LinkedIn or Facebook) and other websites are not acceptable.

Ad must:

Be of duration of no less than 21 consecutive calendar days

Have occurred in the last 12 months

From 18 June 2018 the advertisements must have been published in the past 6 months

Be published in Australia

In English

Include the position title or description

Include the name of the sponsor or recruitment agency

Include the annual earnings of the position, unless above $142,000 per annum

The 482 TSS visa component

The 482 TSS visa includes revised requirements for work experience and English. Most other requirements remain the same.

Skills & Qualifications

Must have the skills or qualifications outlined in the special occupation list to qualify. In addition, applicants must have at least 2 years’ full-time work experience in the occupation. Skill Assessment requirements remain largely as before and include specified trades for specified nationalities as well as the occupations of ‘Project or Program Administrator’ and ‘Specialist Managers Not Elsewhere Classified’.

Age            No age limit.

English       Applicants for the MLTSSL stream must obtain an overall score of 5.0 in IELTS (or equivalent in another English language exam) and a minimum of 5.0 in each stream.

Applicants for the STSOL stream must obtain an overall score of 5.0 in IELTS (or equivalent in another English language exam) and a minimum of 4.5 in each stream.

Exemptions apply where applicants have studied a requisite amount in English, obtained licensing which requires evidence of a greater level of English, are paid a base salary of $96,400 per annum plus super and are employed by an overseas business, or have a passport from the UK, USA, Canada, New Zealand or the Republic of Ireland.

Health & Character

Must meet health and character requirements. All over 16 need to demonstrate good character by providing a police clearance from each country they have lived in for more than 12 months in the last 10 years.

Family members

Only spouses or children under 23 can be included.

Visa Conditions

Condition, 8607, restricts to working for any employer other than the current sponsor will be imposed on all primary visa holders. Exceptions apply for exempt occupations including medical practitioners, CEOs, Managing Directors and General Managers.

Government Chargers

Increase in visa application fees for 2-year 482 TSS visas in STSOL occupations to $1150 per adult applicant.  The fee for MLTSSL occupations is now $2400 per adult applicant.  The fee for partners to join existing 457 or 482 TSS MLTSSL occupation visa holders is $2400, while partners joining 482 TSS STSOL occupation visa holders is $1150.

So if you or your business have questions about this new and exciting visa make an appointment with a Master Migration Lawyer.

Book a Consultation

Call 03 9614 0218 or email info@arlaw.com.au to make an initial 30 Minute consultation at our Melbourne office. (conditions apply)

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 Sub class 457 Visa to the new TSS sub class 482: Storm in a tea cup? appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

Further occupations are available to applicants who meet additional requirements under the Supplementary Skilled List.

190/489 application system closing temporarily
The application system will be closed at 9am on 30 June 2016 and re-opened on 4 July 2016 (any time from 12pm).

Saved applications and applications submitted but no payment made
If you have a saved 190 or 489 state nomination application or an application submitted with no payment made, you will need to submit the application and make payment before 9am (South Australian time) on 30 June 2016.  Otherwise, the application will be deleted.

New applications can be submitted when the revised State Nominated Occupation List is published on 4 July.

ICT occupations – offshore applicants
From 4 July 2016, Immigration SA will require offshore applicants for ICT occupations that appear on the SNOL to have a minimum of 70 points (including state nomination points) on the Department of Immigration and Border Protection points test. This will apply to any occupation involving a skills assessment from the Australian Computer Society (ACS).

The 70 point requirement will be reviewed during July/August and the requirement may be reduced to 65 points and then 60 points depending on the number of applications received. Immigration SA will provide notice of seven (7) calendar days advising of any changes to the points required.

ICT occupations – working in South Australia / South Australian graduate
The 70 points requirement does not apply if you are:

• currently working in a skilled occupation in South Australia; or
• if you are applying under the international graduate of South Australia category.

In these cases, a minimum of 60 points is required (including state nomination points).

489 provisional visa
A small number of occupations appearing on the State Nominated Occupation List and Supplementary Skilled List will only be available for a 489 provisional visa. This will be displayed against the occupation on the relevant list from 4 July 2016. Applicants should ensure that they are aware of the work and residency requirements of this visa.

State nomination requirements
All applications submitted from 4 July 2016 must meet any new requirements published, including English and work experience requirements. For some occupations these requirements have increased

If you or anyone you know is about to lodge a state sponsored visa 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 News from South Australia New State Nominated Occupation List appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

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.

The post Fast track for Australian PR? Money talks (Premium Investor Visa – PIV) appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

Date: Wednesday 20 May   At 1.00

Where:     470 Bourke Street Melbourne

If you or your family wish to get permanent residency [PR] or have issues with your visa call for a free initial 30 minute consultation.

 Please confirm attendance by email to info@arlaw.com.au

The post Free Lecture: MAJOR changes to Migration Law appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

The new Direction takes into account amendments to the Migration Act 1958 in 2014 to strengthen the existing character provisions, and includes a new part relating to the revocation of mandatory visa cancellations under section 501CA.

The post New section 499 Ministerial Direction for Character Decision-Making: Ministerial Direction 65 appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.