Archive for category Australian Migration Legislation

New Skilled Occupations List (SOL) released for 1 July

The Department of Immigration has now released its updates SOL, in anticipation of 1 July changes.

This new list will be effective from 1 July (Australian time).

The list contains the following new occupations:

133513 Production Manager (Mining)
234912 Metallurgist
251411 Optometrist
263111 Computer Network and Systems Engineer

133513 Production Manager (Mining)

234912 Metallurgist

251411 Optometrist

263111 Computer Network and Systems Engineer

The list no longer contains these occupations:

234211 Chemist

252711 Audiologist

331111 Bricklayer

333411 Wall and Floor Tiler

The occupations that have been removed can still be applied for after 1 July via the state sponsored skilled visa scheme, provided  that they are being sponsored by a State.

For more information about the new list please click HERE.

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Sort Out My Visa is a registered and licensed Australian and NZ visa specialist, providing visa and migration services to individuals and families wanting to travel to, conduct business, work or live in Australia or New Zealand. Visit Sort Out My Visa for more information.

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Australian Skilled Occupation Lists to Change on 1 July

The Australian Department of Immigration has announced that the following changes will be made to the skilled occupations list (SOL) on 1 July:

These occupations will be removed from the SOL schedule 3 as of July 1st 2011:

251411 Optometrist
251412 Orthoptist
324111 Panel Beater
324311 Vehicle Painter

These occupations will be added to the list on 1 July:

234914 Medical Physicist
251311 Environmental Health Officer
251312 Occupational Health and Safety Adviser
251511 Hospital Pharmacists
251513 Retail Pharmacists
271111 Barrister
271311 Solicitor
323211 Fitter (General)
323212 Fitter and Turner
323213 Fitter-Welder
323214 Metal Machinist (First Class)
399111 Boat Builder and Repairer
399112 Shipwright

So what does this mean?

If you were planning to apply for a skilled visa on the basis of the SOL Schedule 3 list only, and not on the basis of state or employer sponsorship, and your occupation will be removed off the list on 1 July, you may no longer be eligible to apply for a Skilled Independent visa and may have to rely on either a state sponsorship or sponsorship from an employer.

You must therefore apply for your skilled visa prior to 1 July (Australian time) to avoid being caught out by these changes.

If, on the other hand, your occupation will now be added to the SOL, then you may be eligible for a skilled independent visa rather than having to rely on state or employer sponsorship. We would therefore advise that you re-assess your options accordingly.

For further information about this legislative change please click here.

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Sort Out My Visa is a registered and licensed Australian and NZ visa specialist, providing visa and migration services to individuals and families wanting to travel to, conduct business, work or live in Australia or New Zealand. Visit Sort Out My Visa for more information.

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Priority Processing for Australian Skilled Visas

The Australian Department of Immigration – DIAC – has made a number of important changes to the skilled visa system in the last 18 months. These changes (see previous posts) have had an impact on the way a visa application is treated with priority for the purposes of processing times.

In light of this, the Minister for Immigration has just released the latest update with respect to priority processing, which takes into account the latest 1 July changes to the Migration Regulations and law:

1. First to be processed will be Applications from people who are employer sponsored under the ENS and the RSMS.

2. Second to be processed will be Applications from people who are nominated by a state/territory under new state or territory’s state migration plans (these have yet to be released).

3. Applications from people who have nominated an occupation on the new Skilled Occupation List – SOL – Schedule 3.

4. All other applications are to be processed in the order in which they are received.

These visa subclasses are NOT effected by priority processing:

• Skilled – Recognised Graduate subclass 476 Visas

• Skilled – Graduate subclass 485 Visas

• Skilled – Designated Area – Sponsored (Residence) subclass 883 Visas

• Skilled – Regional subclass 887 Visas.

More information on the changes to the GSM program is available from the departmental website by following these links:

New Skilled Occupations List ist (SOL)

New SOL – FAQs

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Sort Out My Visa is a Australian and NZ visa specialist, providing visa and migration services to individuals and families wanting to travel to, conduct business, work or live in Australia or New Zealand. Visit Sort Out My Visa for more information.

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The Australian Budget and its Impact on Migration

The Australian Government’s Budget for 2010-11 spells mostly good news for people who want to migrate to Australia on a temporary or permanent basis.

In particular, the immigration program is set to remain at about the current size, with small changes to some of the visa schemes, in line with the Government’s aim to continue to focus on current demand driven migration. This means that the focus will continue to be on individuals who can help fill Australian’s skilled shortages, and individuals who have an employer on board ready to provide sponsorships.

With this in mind, the total number of migrant places will remain at the current level of 168,700 places. Of this number about  113,850 places will be reserved for skilled migrants (this is an increase of about 5000 places, with most being reserved for employer sponsored skilled migrants) and 54,550 places for family migrants (a decrease of about 5000 places).

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Sort Out My Visa is a Australian and NZ visa specialist, providing visa and migration services to individuals and families wanting to travel to, conduct business, work or live in Australia or New Zealand. Visit Sort Out My Visa for more information.

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Australia – New MODL (migration occupations in demand list) and other changes to be announced on 8 Feb 2010

According to the Australian newspaper The Age a new MODL list will be released on Monday, and some other changes will be announced by the Minister of Imigration of Australia.

If you are a hairdresser or a cook, and you need to claim MODL points, and you have a chance to submit your application before midnight Sunday (Australia time) – in other words, you already have your skills assessment – you should aim to get your application in as a matter of urgency.

This advice (above) is based not just on the article but also on rumours which have been around for about a year, or more, that hairdressers and cooks would come off the list.

Of course there is no telling what other occupations may come off, again, it is possible that other trades could come off the list, but the precise information will not be available until Monday the 8th of February (Australia time).

To read the whole article please follow this link:
[URL="http://www.theage.com.au/national/skilled-migration-shakeup-20100205-nip5.html"]http://www.theage.com.au/national/skilled-migration-shakeup-20100205-nip5.html
[/URL]

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Australian Skilled Visas – Processing Update

There is currently a huge amount of speculation on the internet, particularly on a number of migration forums, about when the Department of Immigration will or will not resume processing visa applications that have been lodged but are not on the Critican Skills List.

This is understandable, given that so many visa applicants have now been left in a state of limbo as to when their visa applications are likely to be processed and finalised.

For the sake of clarity, we would like to make the following points:

1) According to some sources (agents who are receiving emails from case officers in particular) it is likely that some offshore State/Territory Sponsored skilled visa applicants with non-Critical Skills List occupations will be processed shortly.

2) According to some sources from within the Department, non-CSL visa applicants who have obtained state sponsorship and have been asked to undertake character and health checks by their case officer will be the ones that will now be processed. However, according to other sources such applications are to be processed in chronological order of receipt, irrespective of the visa subclass and irrespective of whether or not character and medical checks have been requested.

3) Advice from the Department directly to agents is as follows:

“The Department is processing applications according to Ministerial Direction No. 42 – Order of consideration – certain Skilled Migration visas.

The Department anticipates that a small number of State sponsored non-CSL applications will be finalised this program year.

Finalisations will focus on applications where health and character checks have been requested by the case officer.”

We will post a further update as soon as he have a further update, from the Department of Immigration, about any changes to processing times and policies.

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Australian Employer Sponsored Work Visas (subclass 457) Changes

The Australian Department of Immigration has introduced new rules for all Australian 457 (temporary work visa) applicants.

The new rules include:

  • Enhanced Sponsorship Obligations: The employer will be expected to assist the Government if site visits are proposed, and to cover the costs of return travel, and other costs incurred by the Government, if the visa applicant becomes unlawful. The sponsor must also maintain records of the employment and make these available when requested. A sponsor may be fined or barred for failing to meet any obligations.
  • A new system for the payment of salary to Subclass 457 visa holders: Employers will be expected to pay overseas employees standard market salary rates that would normally be paid to an Australian in the same position. A salary of less than AUD$45,220 will not be acceptable. If the market salary rate is below this threshold the visa application will normally be refused.
  • New arrangements for the payment of health costs for 457 visa holders: Visa applicants will have to obtain health insurance for the duration of their visa at the time of their visa application.

Click here for more information about the new 457 visa rules.

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Australian Student Visa Changes for Some Nationals

Every year thousands of international students travel to Australia to undertake study at a great range of Australian educational institutions. Last year the number of student visa applicants soared by 20% bringing the number of student visa applications to more than 360,00.

While Australia is keen to attract overseas students, the Department of Immigration has expressed concern about potentially fraudulent student visa applicants who use the student visa merely as a measure to enter Australia and then remain in Australia illegally.

As a result of these concerns, the Minister of Immigration has announced immediate changes to the Australian student visa requirements for Indian, Nepalase, Zimbabwean, Mauritian, Brazilian and Pakistani Australian student visa applicants.

The changes spell a tightening up of the visa application screening process for these passport holders and have been introduced as a measure to combat fraudulent visa applications. Nationals of the idenitified “high risk” countries will have to undergo more stringent checking processes prior to having their visas approved. Stricter measures may involve face to face interviews and checks to ensure that they are genuinely able to finance their studies in Australia.

The changes are in line with existing stricter processing of Chinese student visa applicants.

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Australian Visas – Important 1 July Legislative Changes

On 1 July the Australian Department of Immigration will be introducing the following legislative changes to the way visa application are dealt with and to the criteria that apply to visa applications:

  1. There will be an increase in most visa and citizenship application fees (see our previous post for more details) of 4.4% to 20%. There will also be the inevitable form changes that usually accompany the DIAC’s legislative changes.
  2. Contributory Parent visa applicant couples will both have to apply for their contributory parent visas together and at the outset, rather than trying to save money by applying individually and then via the partner/spouse visa route.
  3. A change in sponsor for remaining relative and parent visa applicants will now be permitted anytime up until the time of decision on a visa application. Provided of course that the new sponsor can meet all sponsorship requirements.
  4. All parent visa applicants will have to satisfy Balance of Family Test criteria at the time of making their visa application, rather then at the time of decision.
  5. Retirement visa (subclass 410) holders will no longer be restricted to just 20 hours of work per week.
  6. Work and Holiday (subclass 462) visa applicants (tertiary educated 18 to 30 year olds from Chile, Malaysia, Thailand, Turkey and the USA) will now have 12 months to enter Australia from the dates of their visa grants.
  7. All applicants for 175, 176 and 475 skilled visas with a nominated trade occupation who are not UK, USA, Canada or NZ passport holders or otherwise meet the English Language requirements, will have to provide evidence of an IELTS score of 6.0 in each of the four parts of the IELTS test.
  8. The Concessional Competent English level for sponsored 475 visa applicants has been raised from an average of IELTS 5.5 to an average of IELTS 6.0.

For full details of the above 1 July 2009 changes, and all other legislative changes to Australian migration law, please follow this link.

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