Visa Newsletters

18th August 2010

Westpac/Abacus sponsored DIAC Seminar
Lodgement Fees increase
TSMIT Increase
ANZSCO replaces ASCO
New SOLS
New Priority Processing Lists
Changes to Working Holiday Visas
DIAC cracks down on fraud

A Westpac/Abacus Visa sponsored DIAC Seminar - 28 July 2010

A tsunami of changes has hurtled through Australia's migration law. Abacus Visa in conjunction with the Westpac Bank were proud to have been able to invite one of the chief architects of these changes,Mr Peter Speldewinde, to outline the policy settings and these changes at a free seminar held at the Westpac Bank's Head Office in Sydney on 28 July 2010.

Mr Speldewinde is the Assistant Secretary of the Labour Market Branch from the Department of Immigration and Citizenship (DIAC), where he has been responsible for managing the policy development and implementation of some the largest suite of changes to Australia's temporary and permanent skilled migration program, including the 457 reform last September.

Amongst the participants were the Honourable Sir Laurence Street (the former Chief Justice of the Supreme Court of NSW) and members of various business chambers and community organisations.Participants were given the opportunity to ask Mr Speldewinde a variety of questions and to voice any concerns over the current changes.Three additional DIAC officers were also on hand to answer questions.

The event also provided a fantastic opportunity for participants to network with industry professionals.We were grateful to Sir Laurence Street who gave an insightful perspective of how he views the current policy.

One of the best news coming out of the presentation is the lapse of the 'Visa Capping' bill on 19 July 2010 as a result of the dissolution of the Parliament.The Bill was introduced into the Parliament on 26 May 2010.Lets hope the new government will not (or too busy) to re-introduce this Bill!!A visa capping legislation will give power to DIAC to cap and cease by factors such as occupation, English, or age etc.This will create even greater uncertainties for the GSM applicants.

Mr Speldewinde confirmed that the government favours the employer sponsored over the independent point-tested skilled visas, and priority in future will continue to be given to the employer sponsored visas.He said that DIAC is aware of the potential for abuse/integrity issues under this scheme (buying a sponsor) which is already taking place!Stricter assessing and monitoring regimes are being put in place – which in turn means longer processing time!

Similarly, there has been a surge in the number of spouse visa applications by onshore students, creating longer processing time as a result.DIAC again will be assessing these applications with greater scrutiny.

Suffice to say that good English language skills, relevant employment experience and the ability to seek a sponsor will become more important in gaining permanent residency in Australia.One thing for certain is that more changes will be on the way regardless of which party wins government.

We have received numerous requests for a copy of Mr Speldewinde's presentation. Please contact our office if you would like a copy.You can also view some of the photos of the event at Abacus' website.

Abacus Visa and Westpac Bank would like to once again extend our appreciation to everyone who attended the seminar. We hope to organise more future seminars and events to keep you updated on changes.

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GovernmentLodgement Fees increased - 1 July 2010

Gov ldogementfees and charges have been increased by 1.8 percent, in accordance with the Consumer Price Index (CPI).Please make sure correct fees are used, to avoid applications being returned as invalid.

Increase to the Temporary Skilled Migration Income Threshold (TSMIT) – 1 July 2010

From 1 July 2010, the Temporary Skilled Migration Income Threshold (TSMIT), is to be indexed by 5 per cent, in line with the Australia-wide increase in average weekly earnings. This will increase TSMIT from $45 220 to $47 480.
The increase to the TSMIT will apply to all nomination applications which are decided on or after 1 July 2010, regardless of lodgement date.
Standard business sponsors are required to pay their overseas workers the market salary rate. The increase to TSMIT means that where the market rate for a position is less that $47 480, the position cannot be nominated under the 457 program.
The TSMIT is set at this level to ensure that all Subclass 457 visa holders have sufficient income to independently provide for themselves in Australia.
The TSMIT helps ensure that Subclass 457 visa holders do not impose undue costs on the Australian community or find themselves in circumstances which may put pressure on them to breach their visa conditions. This is particularly important given these workers do not have access to a range of government support available to Australian citizens and permanent residents.

Increase to the high-income exemption to the English language requirement - 1 July 2010

In line with the increase to the Temporary Skilled Migration Income Threshold (TSMIT), the high income exemption to the English language requirement was also be indexed by 5 per cent. This means that from 1 July 2010, the exemption salary amount increased from $81,040 to $85,090. This applies in relation to all nominations lodged on or after 1 July 2010.
The transition to ANZSCO do not affect which occupations are exempt from the English language requirement, except that from 1 July 2010 these occupationsare to be described in ANZSCO instead of ASCO.

ANZSCOhas replaced ASCO – 1 July 2010

On 1 July 2010, The Australian and New Zealand Standard Classification of Occupations (ANZSCO) replaced the Australian Standard Classification of Occupations (ASCO) as the standard used by DIAC for information about occupations in all visa, settlement and citizenship programs.

Skills Occupation Lists (SOLs) – effective 1 July 2010

From 1 July 2010, there are now 4 Skilled Occupation Lists (SOLs) for the GSM applicants, Schedules 1-4.

See: http://www.immi.gov.au/skilled/general-skilled-migration/pdf/new-list-of-occupations.pdf

• Schedule 1 -applies to GSM applications already lodged and not yet finalised (ie, still in the "pipeline");
• Schedule 2 – applies applicants who are eligible for the transitional arrangements: ie
• Applications made on or before 31 December 2012 for Subclasses 885, 886, 487 by an applicant who held a Subclass 485 visas on 8 February 2010, or whose application for a Subclass 485 visas that was not finally determined on 8 February 2010; and
• Applications for a Subclass 485 visa made on or before 31 December 2012 by an applicant who held a student visa in subclasses 572, 573 or 574 on 8 February 2010.
• Schedule 3 -applies to all applications for a GSM visa made after 1 July 2010, except for those subject to transitional arrangements (Schedule 2) or those able to use the SMP (Schedule 4) list; and
• Schedule 4 -applies only to occupations in the yet-to-be announced SMPs (State Migration Plans), for applicants for Subclasses 176, 886, 475 and 487.
• This does not apply to applicants for those Subclasses who are sponsored by relatives.

State / Territory Nominations for GSM Applications- current as at 15/8/2010
Because there are, as yet, no State Migration Plans (SMPs), states and territories currently can only nominate applicants with nominated occupations on the Schedule 3 Skilled Occupation List (SOL).

"Off-list" Occupations
State and territory governments are no longer able to nominate "off-list" occupations. There may, however, be an ability for them to do so when the SMPs are announced.
Abacus Visa advises our readers tocheckthe various State Gov websites regularly for continued updates.

IELTS 7 now required for Skills Assessment for Accountants –1 July 2010

ICAA, NIA and CPA have all announced that from 1 July 2010, the skills assessment criteria for GSM for the occupations of Accountants, Finance Managers, Corporate Treasurers and External Auditors will require an IELTS Academic test result of at least 7 in each of the four test components of speaking, reading, listening and writing.

New Priority Processing Arrangements for GSM Visas – effective 14 July 2010

From 14 July 2010, the new General Skilled Migration (GSM)processing priorities (with highest priority listed first) are:

1. Applications from people who are employer sponsored under the ENS and the RSMS.
2. Applications from people who are nominated by a state or territory government agency with a nominated occupation that is specified on that state or territory’s state migration plan.
3. Applications from people who have nominated an occupation on the new Skilled Occupation List (SOL) – Schedule 3 in effect from 1 July 2010.
   See: http://www.immi.gov.au/skilled/general-skilled-migration/pdf/new-list-of-occupations.pdf
4. All other applications are to be processed in the order in which they are received.
   

DIAC has advised that Priority 4 applicants will have 'a long wait”.

The following GSM subclasses are subject to Priority Processing:

• 175, 176, 475, 487, 495, 496, 497, 861, 862, 863, 880, 881, 882, 885 and 886.
  

The following are exempt from Priority Processing and will be processed in the order in which they are received:

1. Applications for Subclass 476, 485, 883, and 887;
2. Applications that are remitted to DIAC by the Migration Review Tribunal (MRT);
3. Applications where it is 'readily apparent that the criteria for grant of a visa would not be satisfied”; and
4. Applications from subsequent entrants.
   

These priority processing arrangements apply to applications already lodged with DIAC, as well as to future applications.Case officers do not have any discretion to exempt applications from priority processing.

Changes to state nominated and family sponsored GSM visas – 1 July 2010

From 1 July 2010, applicants for the GSM applications - subclass 176, 886, 475 487 visas are required to demonstrate that they have been nominated by a state or territory government agency or sponsored by an eligible relative.

To lodge a valid application, applicants should lodge their visa application form first. The nominating state or territory government agency or sponsoring eligible relative should then complete the associated nomination or sponsorship form using the TRN number provided to the visa applicant when lodging the visa application. The nominating state or territory government agency or sponsoring relative should lodge the form within 28 days to demonstrate that the applicant is nominated or sponsored.

Redistribution of ENS/RSMS cases - current as at 17 August 2010

The Director of Program Delivery, ENS/RSMS, announced to the MIA members on 17 August 2010 that, because of the very large caseload at the Parramatta Office, the DIAC will be moving cases involving 1700 persons to its Perth and Melbourne offices.These cases will be randomly selected from across the caseload.When the cases are allocated to a case officer in Melbourne or Perth, DIAC will write to migration agents or applicants.

DIAC has also announced that they are working on a new model for processing ENS and RSMS cases.The new model will give incentives to agents and applicants who lodge 'complete/decision ready' applications.

This reward system makes perfect sense and has been in place for a while.Abacus Visa has a standard practice of encouraging our clients to collect and provide us all supporting documents as early and comprehensively as possible. Each time a case officer receives a piece of document, it takes up additional resources for them to attach it to a case!

Changes to Subclass 462 (Work and Holiday) Visa- Effective from 21 August 2010

Amendments will be made to the Migration Regulations 1994to prevent a person who has previously been in Australia as the holder of a Subclass 462 (Work and Holiday) visa from applying for a Subclass 417 (Working Holiday) visa; and will provide that Subclass 462 (Work and Holiday) visa applicants cannot be accompanied by dependent children (except applicants who are members of a class of persons specified by the Minister in an instrument in writing).

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It doesn't pay to cheat!!

DIAC's Investigations Branch reportedon 'Document Fraud" at a June DIAC-Stakeholders meeting -

"Investigations into GSM document fraud and irregularities so far have identified 850 cases involving 23 individuals and some 300 employers, and it is expected that by the end of 2010, 9 training providers will close as a result of these investigations.Several individuals have been referred for prosecution as well as some 3000 visas will be liable for cancellation.The investigations also revealed that Registered Migration Agent involvement in these schemes is very low.The Stakeholders requested that DIAC highlight this fact in their public announcements; ie that they make a clear distinction between registered and unregistered practice and that it is the unregistered operators who are the culprits in these schemes."

Purchasing a business/property in Australia does not guarantee a visa!

Advertisements in Australia and overseas often suggest that buying a particular business in Australia will automatically give the purchaser a right topermanent residency in Australia.This is clearly not the case.

An extract from the DIAC website below explains this:

The Australian government does not endorse any business broker organisation to sell Australian businesses to potential business migrants.There is no Australian government approved list of businesses for potential business migrants to purchase.

If you are a business owner, investor or senior executive overseas and you intend to migrate to Australia, you will not be guaranteed permission to enter Australia to operate a business unless you are granted an appropriate visa. You should take this into account before purchasing a business in Australia.

You may require Foreign Investment Review Board approval to purchase a business or property in Australia.

See: Foreign Investment Review Board

Australian government information on our business environment can be found online.

See: www.business.gov.au