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Labour Market Testing – Changes & Updates August 2018

What is Labour Market Testing? Testing the Labour Market means determining whether the employer has tried to fill the vacant position with an Australian before offering the position to an overseas employee. LMT plays a crucial role when it comes to applying for the TSS Visa (subclass 482) and you need to provide evidence when you apply for the visa. As of the 12th of August 2018, LMT requirements vary depending on whether the nomination is for a “select position” or not. There have also been changes made to advertising requirements and time period. Are there any alternatives? For the positions below, alternative requirements apply. It is necessary, however, to provide a submission from the employer explaining why the position couldn’t be filled with an Australian citizen, permanent resident or eligible temporary visa holder. Alternative Requirements are: A position that needs to be filled by a person with internationally recognised records/ achievements in: Sport Academia and Research Top talent Chef A position that needs to be filled by an individual who is employed by a company/organisation that is operating an already established business outside Australia and the sponsor is an associated entity of that company that is operating in Australia. A Position that is currently held by a TSS 482 visa holder, and a new nomination has been lodged because there have been changes in the annual earnings of the visa holders or changes in the business structure A position in the ANZSCO group of [253] Medical practitioners that is not [2531111] General Medical Practitioner or [253999] Medical Practitioners nec and [4111] Ambulance Officers and Paramedics How to advertise? Unless the above condition of “select position” applies, evidence must be provided to show that the position has been advertised for as follows: The position has been advertised in Australia in English and included: Job Title/ Job Description Skills/ or Experience required for this position Name of approved sponsor or recruitment agency Annual earnings (unless higher than High Income Threshold of $AUD 96,4000 At least 2 advertisements were published in ANY of the following: On a prominent and national recruitment website (e.g. jobactive.gov.au) In nation-wide print media (published at least month throughout Australia) On national radio On the business’s website if the sponsor is an accredited sponsor Advertisements will have to have been published for at least 4 weeks. Applications must have also been accepted for at least 4 weeks. The Evidence of LMT must be provided when lodging the application (unless international trade obligations apply). International Trade Obligations LMT is not required if: The employee is a citizen/national of China, Japan or Thailand or citizen/national/permanent resident of Chile, South Korea, New Zealand or Singapore The employee is currently working for a business that is an associated entity of the sponsoring business and is in located in Association of South-East Asian Nations The nominated applicant is currently working for an associated entity of the sponsoring business which is operating in a country that is a member of the WTO (World Trade Organisation) with the nominated occupation being Executive or Senior Manager occupation for the purposes of international trade obligations and the nominee will be accountable for either the entire or a substantial part of the company’s operations in Australia The sponsoring business operates in a WTO member country or territory and wishes to set up a business in Australia and the nominated occupation would be Executive or Senior Manager occupation for the purposes of international trade obligations The nominated employee is a citizen of a WTO member country or territory and he/she has worked for the sponsor in the nominated position in Australia on a full-time basis for the last 2 years. More Information: https://www.homeaffairs.gov.au/trav/work/empl/tss-labour-market-testing
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  • August 17, 2018

Australian Citizenship Requirements – Changes are back on the agenda

Yes, that’s right. The Australian Government is bringing back the discussion on changing Australian citizenship requirements. In the coming spring session in September 2018, the proposed changes to Australian citizenship are back on the agenda as a priority. This means the government will discuss the implementation of a ‘package of reforms designed to strengthen the requirements to become and remain and Australian citizen, including in relation to residency, English language, Australian values, integration into the Australian community and good character’. These changes were announced on 20 April 201 for the first time and the Government tried to have them take effect on the same day. Fortunately for many, a Bill had to be drafted and passed through Parliament first, which then failed on 18 October 2017. What are the proposed changes? If the new requirements come into effect, applicants will: Prove they have lived in Australia for at least 4 years as a permanent resident Prove they have passed an English test; the recommended level would be competent English Prove they have passed a new citizenship test designed to assess the understanding of, and commitment to Australian values Have to pass the test within the first 3 attempts (currently no limit to the number of times it can be failed). If applicants are cheating during the test, they might get an automatic fail. When will the changes be introduced? This is dealt on a priority basis. The legislation needs to first be discussed and then passed by Parliament. This has been a topic of discussions for more than 12 months, so the changes might be come into effect soon. What should you do now? Apply If you fulfil the current requirements for Australian citizenship, consider lodging the application soon. If you lodge now and the legislation is passed after you have lodged but before a decision is made on your application, the new changes may be retrospective, which means your application could get refused. However, while you will not get back the application fee of $285, the refusal will not have an effect on your PR or any other consequences. Fortunately, the majority of legislative changes have not been applied in retrospective, which would be a good reason to lodge your application now if you can. Wait You you can obviously also wait for the changes to come into effect but bare in mind that that would mean an additional 3 years on a permanent residence visa. Source: Strengthening the integrity of Australian citizenship
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  • August 16, 2018

All students are treated equal … until they’re not.

We all know that being a student doesn’t usually mean that you’re well-off. In fact, while you’re a student you’re probably hardly managing your money because you’ve got studies to do and not much time left to get a full-time job. And the Government understands that. Yeah, they do. Except for when it comes to international students. Except in NSW. And why should international students get concession cards? It’s not like they pay heaps more in tuition fees, have to pay ridiculously high rent because they’ve got no one to stay with for free or are doing the exact same course a domestic student is. It’s also not like they are being taxed just the same as any other Australian employee. Also, of course they don’t have any work limitations either, so they could just work a bit harder. In case this wasn’t exaggerated enough: None information from the above paragraph is correct. International students DO pay much higher tuition fees, they ARE doing the same course as an Australian, they ARE paying the same tax and have to survive on only 20 hours of work per week. So, while an Australian student pays let’s say $3 dollars for a trip, the very same trip for a student studying the very same course at the very same University, will simply pay $6. Sounds about right? International Students have had enough of that ‘transport discrimination’ and have chosen to protest it. NSW Greens MP, Jenny Long agrees: “This is something that’s got to change, it’s something that cannot be explained as anything other than a form of discrimination and it must end”. Petition Over 1000 international students submitted a petition during Tuesday’s protest event to Greens MP Mehreen Faruqi. The New South Wales Transport Minister’s offices have been contacted an students are awaiting a response. You might also like: International students call for end to ‘transport discrimination’ No work rights for international students – A joke or reality? Student Visa Subclass Student Dependent Visa – Bring your family and partner on your student visa  
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Occupation Ceilings 2018-2019

Occupation ceilings is the maximum number of invitations that are sent for any occupation group. The occupation ceilings announced by the Department of Home Affairs for 2018-2019 has not changed in numbers compared to 2017-2018. However, it seem to have hit Accountants. The reason behind that is that the quota or occupational ceiling for Accountants (4785) does not only reflect subclass 189 and 489 but includes all other skilled visa categories (482, 186, 187, 190). This does not apply for other occupations as occupation ceilings do not apply to Employer Sponsored Visas, Business Innovation and Investment Visas or State or Territory Nominated Visas. In the first invitation round on 11 July 2018 (all invitation rounds are not held monthly on the 11th of each month) Accountants only received 35 invitations compared to almost 717 in the first three invitations rounds of last year. The cut off points score for accounts is also anything but rosy at 85 points. Occupation Ceilings for the 2018 – 2019 program year   Occupation ID Description Occupation Ceiling Value 2018-19 Invitations to 11/07/2018 1213 Livestock Farmers 4196 0 1331 Construction Managers 5400 3 1332 Engineering Managers 1155 2 1341 Child Care Centre Managers 1000 0 1342 Health and Welfare Services Managers 1374 0 2211 Accountants* 4785 36 2212 Auditors, Company Secretaries and Corporate Treasurers* 1327 13 2241 Actuaries, Mathematicians and Statisticians 1000 4 2245 Land Economists and Valuers 1000 3 2247 Management consultant 3285 19 2321 Architects and Landscape Architects 1474 22 2322 Cartographers and Surveyors 1000 4 2331 Chemical and Materials Engineers 1000 42 2332 Civil Engineering Professionals 3296 105 2333 Electrical Engineers 1042 48 2334 Electronics Engineers* 1000 3 2335 Industrial, Mechanical and Production Engineers* 2178 17 2339 Other Engineering Professionals* 1000 7 2341 Agricultural and Forestry Scientists 1000 15 2346 Medical Laboratory Scientists 1487 9 2347 Veterinarians 1000 12 2349 Other Natural and Physical Science Professionals 1000 3 2411 Early Childhood (Pre-primary School) Teachers 2639 26 2414 Secondary School Teachers 7910 34 2415 Special Education Teachers 1000 0 2512 Medical Imaging Professionals 1113 1 2514 Optometrists and Orthoptists 1000 0 2519 Other Health Diagnostic and Promotion Professionals 1000 0 2521 Chiropractors and Osteopaths 1000 4 2524 Occupational Therapists 1109 5 2525 Physiotherapists 1464 12 2526 Podiatrists 1000 0 2527 Speech Professionals and Audiologists 1000 10 2531 General Practitioners and Resident Medical officers 3495 34 2533 Internal Medicine Specialists 1000 2 2534 Psychiatrists 1000 0 2535 Surgeons 1000 2 2539 Other Medical Practitioners 1000 68 2541 Midwives 1090 3 2544 Registered Nurses 16741 105 2611 ICT Business and Systems Analysts* 1574 14 2613 Software and Applications Programmers* 6202 69 2621 Database and Systems Administrators and ICT Security Specialists 2391 72 2631 Computer Network Professionals* 1318 21 2633 Telecommunications Engineering Professionals 1000 88 2711 Barristers 1000 0 2713 Solicitors 4161 18 2723 Psychologists 1750 6 2725 Social Workers 1562 18 3122 Civil Engineering Draftspersons and Technicians 1000 1 3123 Electrical Engineering Draftspersons and Technicians 1000 0 3132 Telecommunications Technical Specialists 1000 2 3211 Automotive Electricians 1000 0 3212 Motor Mechanics 5980 5 3222 Sheetmetal Trades Workers 1000 0 3223 Structural Steel and Welding Trades Workers 4426 2 3232 Metal Fitters and Machinists 5330 1 3233 Precision Metal Trades Workers 1000 0 3241 Panelbeaters 1344 0 3311 Bricklayers and Stonemasons 1271 0 3312 Carpenters and Joiners 6968 3 3322 Painting Trades Workers 2780 1 3331 Glaziers 1000 0 3332 Plasterers 2103 0 3334 Wall and Floor Tilers 1407 0 3341 Plumbers 5507 1 3411 Electricians 9354 7 3421 Airconditioning and Refrigeration Mechanics 1427 0 3422 Electrical Distribution Trades Workers 1000 0 3423 Electronics Trades Workers 1878 2 3513 Chefs 2675 6 3941 Cabinetmakers 1905 0 3991 Boat Builders and Shipwrights 1000 0  
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  • August 1, 2018

Where is Orana and why should you move there?

Orana is a regional area in New South Wales. In fact, the Orana region is the largest region in NSW. While Orana is the largest and most diverse region in the State, it is also a region that wants to attract skilled migrants on a 489 visa. The region has only yesterday (31.7.2018) updated its own skilled occupations list and judging by the list, Orana needs accountants, finance managers and auditors as those occupations have been added to the list. Accountant General Management Accountant External Auditor Internal Auditor Finance Manager For the above occupations, applicants will have to demonstrate (in addition to other 489 Visa requirements) that they : have at least proficient English have worked at least 6 months relevant work experience IN Australia (no assessment needed, only verification) are living in the Orana region at the time you are applying for this 489 Visa If you are reading this but are not one working in one of the above occupations, you might still want to check the list as there are plenty of other skills need in this region. Download Orana Skills List (2018) If you wish to enquire about this visa, don’t hesitate to contact us or give us a call on (02) 4626 1002. More information about how to apply for the visa to live and work in Orana, is available on their website.
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Temporary Visa before Permanent Residency – Do we need it?

“Should a prospective migrant spend a period of time in Australia before becoming eligible for permanent residence?” The Minister for Citizenship and Multicultural Affairs, Alan Tudge expressed his concern saying it was “less than ideal” letting migrants come to Australia as permanent residents immediately. Rather, the Government is considering introducing mandatory provisional visas before granting permanent residency as discussed already in Nov 2017. While Tudge spoke about the need for changing the process in London, the Federal Opposition and migration experts do not necessarily agree with him. They explain that migrants are already undergoing exams and tests and being vetted for their character. The discussion paper mentions that about 50% of all permanent migrants, had lived in Australia on a temporary visa already, which the Minister sees as an indicator that temporary residency is already becoming the first step to living in Australia. The FECCA (Federation of Ethnic Communities’ Council of Australia), however, says that there is no evidence to prove that staying in Australia initially as a temporary resident would enhance integration. In fact, it would make it harder for people to obtain employment and it would “delay (…) the integration process”. Migration Expert, Michael arch from Concordia Law, also agrees with FECCA that there is no proof that stricter rules would “protect the Australian community as existing provision already require that visa applicants demonstrate they are of good character by producing police clearances”. If anything, those moves could lead to migrations seeking alternative migration destinations rather than coming to Australia.  
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  • July 20, 2018

457 to PR (via ENS or RSMS)

It has been over a year now that the Australian government announced big changes in skilled migration when it abolished the Subclass 457 Visa. Almost 15 months later, the question amongst 457 visa holders remains: How can I go from 457 to PR? Am I still eligible? According to the Transitional Arrangements if a person holds a 457 visa or had applied for a 457 visa on or before 18th April 2017, he/she can still apply for Permanent Residency even if their sponsor has changed. This can be done under the ENS or RSMS regardless of their occupation. General Age Requirements From March 18, 2018: Applicants have to be under 45 years of age unless they have held a 457 visa or had applied for one on 18 April 2017. Certain rare exemptions apply. Contact us if you can’t fulfill this age requirement so we check if an exemption applies to you. PR Eligibility Criteria Option 1: You have worked for the same employer for 2 years If you are a 457 visa holder who has worked for the same employer for two years you might be able to apply through the Transitional Stream. The location will decide if you can apply through the ENS or the RSMS. Option 2: You have worked for the same employer for less than 2 years If you have worked in Australia for the same employer for less than 2 years or have not worked in Australia at all, you might be able to apply through the Direct Entry stream of the ENS. Option 3: Your 457 sponsor does not want to sponsor you for PR If your sponsor does not wish to sponsor you for permanent residency, you might be able to apply through general skilled migration to still get your PR. Skilled Migration depends on your skills (Skilled Independent Subclass 189) or you can be sponsored by a state or territory (Subclass 190). Conclusion: There are still some pathways left for applicants to go from a 457 visa to becoming a permanent resident but there seem to be more exemptions than rules that come into effect. If you don’t want to risk your permanent residency chances, you can contact us through our form below or give us a call at (02) 4626 1002. Contact Us 
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  • July 19, 2018

Queensland Bans Interstate Applicants

Aspiring applicants for Permanent Residency in Australia were probably just recovering and figuring out the changes in the state nomination rules for skilled migration by some states and their problems have just increased. Queensland has followed on the footsteps of fellow states Tasmania and ACT by banning interstate applicants. The updated policy states that interstate applicants seeking state nomination from Queensland would have to meet ‘Working in Queensland’ or ‘Alumni pathway criteria’. This would mean that people wanting to apply through the state nomination would have to move to Queensland in order to meet the work experience requirements in the state before they can submit an expression of interest to Business & Migration Queensland Evidence of post-qualification full time employment needs to be provided by the applicants in their nominated occupation in the past six months in Queensland. They also must commit to settling down and working in Queensland for two years after they are granted a visa. There is a requirement for students who have completed their master’s degree in Queensland in the past two years to nominate an occupation from the QSOL Masters Graduate List, whereas PhD graduates need to nominate an occupation from the Department of Home Affair’s relevant lists. Students who have completed their masters must have conducted their course at a Queensland-based institution in the previous two years and the qualification must be related to the nominated occupation. Another requirement for students is to provide evidence of current full-time employment in their nominated or closely related occupation with a Queensland employer registered in Australia, besides evidence of ongoing employment for the next 12 months. The good news for PhD graduates is that they are exempted from the requirement of a job offer. Just last month the ACT closed some of the occupations and Tasmania changed the work experience requirements, leaving aspiring applicants in a frenzy.  
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  • July 17, 2018

Chinese developer promised permanent residency to Asian land buyers

A Chinese developer has promised Asian investors a permanent residency visa in as little as six months. All they had to do is buy into a Hunter Valley land deal in Millfield. Profit Palace Group, headed by Jiang “James” Xiao was not only offering Australian permanent residency but also access to Australia’s welfare benefits.  On their website it is explained how owning 750m2 will make them eligible to apply for the 132A visa – a visa type for high-calibre business owners. Yet, under this visa it’s not even a requirement to buy a house. There were many claims made on their website (which has now been shut down) including having political partners in Australia, who didn’t even know their photos and names were used without any permission and published on Profit Palace Group’s website. On their website false promises have been made, amongst others stating that a famous hotel brand is part of the development deal, yet there is no planning approvals made for such a facility on that land. The population of Millfield (of about 1006) is outraged and concerned about soon being double its size and rural communities being wiped out. Mr. Xiao has not yet returned any messages left for him and the number for his Sydney office has been disconnected. Source: Daily Telegraph
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Student Dependent Visa – Bring your family and partner on your Student Visa

Moving abroad and starting a new life as a student can be an extremely tough, depressing and lonely experience for anyone. Most people leave their families and spouses behind to start afresh, all alone. There is a big solution for that though, a visa that not many people are aware of; the student dependent visa (500).  Student dependent visa is not an individual visa. It is the same subclass as student visa (subclass 500). An international student with a student visa of 12 months or longer is allowed to bring their family members, spouses or their kids of less than 18 years of age to enter the country on a dependent visa. Required documents You must declare your family members in your visa application form in order to be eligible to bring them as dependents on your Australian student visa, even if they are not travelling with you to Australia. If you do not declare all family members in your visa application, they might not be eligible to apply for a dependent visa once you arrive in Australia and there are chances of a refusal. There is an exception for partners. If the primary applicant does not include their partner in the visa application form for the simple reason that they were not in a relationship at the time, they are eligible to apply separately if they can provide substantial evidence to claim the same. Eligibility Criteria for Australian Dependent Student Visas For dependent spouse or partner The dependent must be your spouse (the person you are married to) or de facto partner (including same sex partners) If the dependent is your de facto partner, you must have been living with your partner for at least 12 months, and you must share a genuine and exclusive relationship with your partner (see more about partner visas) For dependent children The dependent child must be your child or that of your partner The child must not be married or engaged to be married or in a de facto relationship The child must be less than 18 years of age and must be still in continuous education (i.e. studying A-levels) If you are including your dependent family members in your original student visa application, then you must include all your family members on your original Form 157A (Application for a student visa). If you are applying for family members to join you after you have started your course in Australia, then you must submit the following documents: Form 919(Nomination of student dependents) Form 157A (Application for a student visa) An original letter from the education provider stating: The course you are studying The duration of the course and the expected date of completion If you are satisfying all course requirements Evidence to prove your relationship with your dependent in the form of legitimately issued birth certificates or marriage certificates Evidence of having enough funds to support your dependents in Australia Evidence of school enrolment for your school-aged dependents Evidence of health insurance for each dependent Rights Granted Under Dependent Student Visa Dependent applicants are allowed to work in Australia. The rights are dependent on the course of study of the student which include: A dependent partner can study in Australia for any course of 3 months or lesser duration For a student pursuing a bachelor’s degree, the dependent partner will be allowed to work up to 40 hours per fortnight For a student pursuing a master’s degree or a doctorate degree or doing research work, the dependent partner will have full and unlimited work rightsAll other conditions can be read here.   6 Steps to follow for the dependent visa application   Download as PDF to access links    
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