01st September 2008

Integrity Review Second Issues Paper - the subclass 457 visa program
Subclass 457 visa continues to boom
Pacific Seasonal Worker to help farmers – Pilot Scheme
Important change – IELTS English results required for 485 visa application
DIAC clarifies some Business Skills visa questions
457 visa Integrity Review – Issues Paper 2 published on English requirements and OH&S

 

457 visa Integrity Review – Issues Paper 2 published on English requirements and OH&S

Some of the issues raised in the paper include:

• How the 457 visa program is best able to balance Australia's demographic and economic need for skilled labour against the safeguarding of employment and training opportunities for Australians as well as the protection of overseas workers.
  
  
• The rationale for an English language requirement in the 457 visa program is based upon the need for overseas workers to understand OH&S risks and practices, enable overseas workers to skill share and to communicate more effectively in the workforce and in broader society.
  
  
• Stakeholders have raised issues such that the English language requirement creates an additional administrative step and that IELTS tests can take some time to arrange, additionally a one size fits all requirement does not take into account differing English language requirements across different work places.
  
  
• How can OH&S issues which differ markedly around Australia and across industries be best incorporated into the subclass 457 visa program?
  
  
• How can subclass 457 visa holders and business sponsors be made better aware of their rights and responsibilities?

Click on the link below to access the issues paper:

http://www.immi.gov.au/skilled/_pdf/english-language-OHAS-2008.pdf

457 Processing – from 1 July 2008

From 1/7/08, 457 visa applications are processed by one of three Centres of Excellence – located in Sydney, Melbourne and Perth. Where your application is processed will depend on which state or territory the sponsoring business is located in. If the sponsoring business has more than one location, processing will be based on the head office location of the business.These centres have been established to streamline visa processing and improve client service.457 processing time has improved markedly since this introduction.

Subclass 457 visa boom continues

Some interesting DIAC statistics on Subclass 457 visa grants may be of interest.

In total, 110 570 visas were granted (including dependants) in 2007-08 compared to 87 310 in 2006-07. The number of primary visa holders jumped 24 per cent in 2007-08 to a record 58 050 compared to 46 680 in the 2006-07 program.NSW was the biggest user with a total of 20 480 primary visa grantsWA is now the second biggest user with a total of 11 800 primary grants – a 41 per cent rise on last financial year, the largest increase in Australia.81 per cent of 457 holders were employed in professional occupations and highly skilled jobs.

Computing professionals, registered nurses, and business and information professionals were the top three listed occupations; nearly 25% of the workers came from the UK, followed by: India (14%), the Philippines(9%),South Africa (6%),China (6%) and the USA (6%).The average nominated base salary was $73 100 – up 2%

Horticulture Industry Pacific Seasonal Worker Pilot Scheme

The Minister for Agriculture, Fisheries and Forestry, the Hon. Tony Burke, has announced a three year trial scheme for workers from Kiribati, Tonga, Vanuatu and Papua New Guinea to overcome a shortage of workers to harvest Australia's fruit and vegetables. The scheme is the result of consultations and negotiations with industry groups.A total of 2500 visas over three years will be available. The workers will be able to stay for up to 7 months in any 12 month period.

Employers will have to:

• show that they have made reasonable efforts to employ Australians
  
  
• participate in training programs for Australians who are not yet job-ready, particularly income support recipients
  
  
• pay half of the return air fares, and "cover establishment and pastoral care costs".

The seasonal workers will be employed in accordance with Australian work standards and awards.

The pilot scheme is expected to commence late this year, and will be reviewed after 18 months.

The scheme will be administered by the Department of Education, Employment and Workplace Relations.

The Minister's media release can be found here: Media_releases

Working holiday visa extended to include the construction industry

From 1 July 2008, WHV holders who have worked in the construction industry in regional Australia for at least three months will be eligible to apply for a second working holiday visa.Prior to 1/7/2008, second WHVs were only available to those who have worked for a primary producer in regional Australia for at least three months.This measure will further boost the number of people coming to Australia on WHVs.The number of WHV holders has more than doubled in the past 10 years, with 155 000 visas likely to be granted in 2007-08 compared to 134 612 in 2006-07.DIAC estimates that up to 180 000 visas may be granted in 2008-09.

IMPORTANT CHANGE - IELTS Result required for 485 Applications

DIAC has announced that from 27 October 2008, an IELTS result is a time of application requirement for the Skilled-Graduate 485 visa.This means that people lodging a Skilled-Graduate 485 visa on or after 27/10/2008 MUST provide evidence at the time they lodge their application that they have the relevant English language standard.However, those 485 applications lodged before 27/10/2008 will not be affected by the changes.IELTS test results must be no more than two (2) years old at the time of application.Applicants who hold a passport from one of the following countries are not required to submit IELTS results:Canada, New Zealand, Ireland, UK, USA.

This is a departure from the current regulations which allow an applicant to apply having only booked an English language test.Applicants are urged to plan ahead and undertake the IELTS test promptly to avoid any delays in lodging their applications, as failure to include the IELTS results may lead to the application being refused.

Skilled-Recognised Graduate Subclass 476 visa - new list of institutions

Engineering is still the only specified discipline. The number of recognised institutions has been increased, including the overseas campuses of several Australian Institutions.

http://tinyurl.com/5rvvog

SOL & ENSOL changes - 1 July 2008

Occupation Removed
Seafarer - Ship's Surveyor [ASCO 2542-17]

Changes to Assessing Authorities
The following Trades occupations have had Vetassess added to TRA as the assessing body.Vetassess is the assessing body for these occupations for applicants from India, Sri Lanka, the United Kingdom, South Africa and the Philippines.

• Bricklayers - Supervisor
• Carpentry and Joinery Tradespersons - Supervisor
• Electricians - Supervisor
• Electrical Distribution Tradespersons - Supervisor
• Motor Mechanics - Supervisor
• Plumbers - Supervisor
• Refrigeration and Air-conditioning Mechanic - Supervisor

TRA- New assessment process- will NOT commence on 1/09/2008

TRA has announced that the introduction of its new skills assessment process to replace Pathway D will not commence on 1/9/2008, as promised.Previously, Pathway D assessed skills based on work experience and this delay will no doubt disappoint many people who rely on work experience only for skills assessment.

Contributory Parent Fees to increase - from 27 October 2008

The second instalment of the visa application charge for permanent visas will increase from $31,555.00 to $32,725.00

DIAC POLICY CORNER

Business Skills Visas Q&A - responded to by DIAC officers (Rhet Henkel and Tony Letford) at a recent Business Skills Seminar held by the MIA for migration agents.

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Question 1: In the case of a subclass 892 visa, is the two-year ownership requirement linked to fiscal years or calendar years?

Answer 1: The two year ownership requirement is related to calendar years. However, financial records may, for convenience, be linked to financial accounting periods as long as those records are no more than three months old at the date of lodgement.

Question 2: Can the two-year ownership requirement specified in Regulation 892.211 commence before the applicant for a subclass 892 visa has arrived in Australia and before he or she has been granted a provisional visas?

Answer 2: Yes. Someone could arrive in Australia on another temporary visas such as a subclass 456, or 457 or an 897, purchase a business and then apply for a business skills (provisional) visa. The ownership for the purposes of a subclass 892 visa would commence from the date of purchase of the business. This is subject, of course, to the applicant being able to demonstrate active day to day management in the relevant business.

Question 3: If an applicant is applying for the "no employee option" in relation to Regulation 892.212 (i.e. the applicant is claiming $250,000 personal and business assets and $75,000 assets in main business), does the department hold an adverse view if the applicant is working from home? What is the State Government's view of this issue?

Answer 3: Each case is considered on its merits. The fact that an applicant is working from home is not necessarily viewed adversely. However the applicant would have to demonstrate that the financial and management requirements were still met despite the fact that the applicant does not have a place of business separate from home. The matter of the State Government's view of this issue should be taken up with the Department of Regional and State Development (DRSD).

Question 4: In relation to the Source of Funds - How far back do applicants for business skills visas need to evidence the source of funds?

Answer 4: There is no prescribed period. PAM General Guide M states, “Officers should focus on seeking information on which to reasonably make a decision as to the source of ownership of an asset. Documentation covering the most recent source of funds would generally be sufficient, unless there are reasonable suspicions that the net assets are not legally owned”.

Different levels of checking might be required in different countries at different times, depending on local conditions such as business practices, accounting methods available, business documentation, economic conditions and restrictions on foreign currency transfers." For a more detailed explanation, RMA’s should refer to Gen Guide M section 40.4.

Question 5: In the case where a husband and wife have each invested $50,000 in a business, assuming their investment is accepted as each having 5% ownership, does that constitute 10% as required per Regulation 892.212?

Answer 5: While each partner having 5% ownership meets the legislated minimum of requirement 10% ownership, such an ownership structure would give rise to questions about the extent to which the primary applicant is managing and operating a business. Each case is assessed on its merits but the extent to which someone, in this situation, is able to demonstrate that they have "maintained direct and continuous involvement in management of the business from day to day and in making decisions affecting the overall direction and performance of the business" would be carefully considered.

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Business skills visas are amongst the most complex of all visa applications, as they often require seeking sponsorship from various State governments which have their own eligibility requirements.We encourage potential applicants to plan well ahead and seek appropriate advice and assistance from migration professionals who specialise in these visa categories.Abacus Visa has a special team dedicated to assist business skills migrants – we speak both Mandarin and Cantonese.