Year: 2019

New Regional Sponsored Visa Program

Posted by Rebecca Berkovic on November 20, 2019

New Regional Sponsored Visa Program

Two new temporary skilled regional visas are open for application which act as pathways to Australian permanent residency via the Permanent Residence (Skilled Regional)(subclass 191) visa.

The following new temporary visa subclasses are now open for applications:

Skilled Work Regional (Provisional) visa (subclass 491); and
Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)

The intent of these visas is to encourage skilled migrants to settle in regional areas of Australia and ease “congestion” and population pressure in the capital cities. As part of this program, more occupations are available for skilled workers on the regional occupation list and the areas defined as “regional” have also been increased (essentially, all of Australia aside from Sydney, Melbourne and Brisbane).

The visas are for up to five years and visa holders have to work and live in the designated regional areas until they are eligible for permanent residency (after three years).

The Government has so far set aside 23,000 under the regional visa program and indicated these applications will receive priority processing.

A closer look – Subclass 491 (Skilled Regional Visa)

Applicants for the subclass 491 visa must:

be nominated to apply by a state or territory government agency, or an eligible relative must sponsor the applicant
have an occupation on a relevant skilled occupation list
have a suitable skills assessment for the occupation
be invited to apply
satisfy the points test. The points test is now more lenient with more points than previously being awarded for certain STEM qualifications, having a skilled partner, a partner with Competent English or no partner at all or being nominated by a State or Territory Government or sponsored by an Australian relative.

A closer look – Subclass 494 (Sponsored Regional Visa)

Applicants for the new subclass 494 visa must:

be nominated by the employer to work in an eligible occupation
have at least 3 years relevant work experience in the relevant nominated occupation
have a satisfactory skills assessment (unless an exemption applies)
work only for the sponsor or an associated entity (unless an exemption applies). A new nomination and visa application must be lodged to change occupations, and the three year regional work/live requirement for a subclass 191 permanent residency visa re-starts
be under 45 years of age (unless an exemption applies)
have Competent English

New visa conditions

The following new visa conditions have been introduced to ensure regional visa holders are meeting their obligations:

Condition 8578: notifying the Department of change of address, contact details and location of work
Condition 8579: visa holders must live/work and study only in the designated regional area
Condition 8580: if requested, the visa holder must provide residential address, work location or location of studies
Condition 8581: visa holder must attend interview with the Department if requested
Condition 8608: visa holder to only work in nominated occupation for the sponsor or associated entity

For advice regarding the regional visa framework, please do not hesitate to contact us at info@hartmanlawyers.com.au for Australian immigration assistance.

Disclaimer:

The information on this website is intended only to provide a summary and general overview on relevant matters. It is not intended to be comprehensive nor does it constitute legal advice. You are advised to seek legal or other professional advice before acting or relying on any of the content contained in this website.

Global Talent Scheme

Posted by Rebecca Berkovic on April 27, 2019

The Global Talent Scheme (GTS) is a 12-month pilot being trialed under the Temporary Skill Shortage (TSS) subclass 482 visa program.

Businesses that need to fill a small number of high-skill, niche roles that can’t be filled by Australians or through existing visa programs and who meet the criteria can enter into an individual GTS agreement with The Department of Home Affairs (DHA).

A summary of the key requirements and features of the GTS agreements are as follows:

There are two streams – Established business employers who are Accredited Sponsors and Startups operating in a tech-based or STEM (science, technology, engineering and mathematics) field. Startups must be endorsed by the independent GTS startup advisory panel.
The earning threshold for applicants is higher than under the standard TSS stream (currently set at $145,400).
The employer can negotiate variations on the standard TSS visa requirements.
The Department of Home Affairs prioritises processing of GTS agreements.
Trusted employers can access highly-skilled roles – they are not restricted to occupation lists for the TSS visa short-term or medium– term streams.
The visa is valid for up to 4 years and allows access to a permanent residence pathway.
The employer can negotiate age requirements for the permanent residence pathway.

For employers that meet the GTS requirements this pilot may provide crucial flexibility where they need to bring specialised skills from overseas but the circumstances do not meet all of the stringent visa criteria for whatever reason.

Any position filled through a GTS agreement must provide opportunities for Australians by, for example:

creating new jobs for Australians
transferring skills and knowledge to Australian workers.

For advice regarding accessing the GTS, please do not hesitate to contact us at info@hartmanlawyers.com.au for Australian immigration assistance.

Disclaimer:

New Category Added to the Accredited Sponsor Scheme

Posted by Rebecca Berkovic on March 29, 2019

The Minister for Immigration, Citizenship and Multicultural Affairs has recently agreed to a new category of accredited sponsor (category 5), as explained below.

Background

The Accredited Sponsor Scheme provides streamlined processing arrangements for those sponsors who apply to become accredited. Accredited sponsors receive priority processing for Temporary Skill Shortage (TSS) nominations and visa applications, with most applications processed in less than five days as well as priority processing for ENS (Employer Nomination Scheme subclass 186) and RSMS (Regional Sponsored Migration Scheme subclass 187) nomination and visas applications. The scheme has four categories of sponsors which are described below:

Category 1: Commonwealth, state and territory government agencies with Australian workers making up at least 75% of the workforce in Australia.
Category 2: Australian Trusted Trader with Australian workers making up at least 75% of the workforce in Australia.
Category 3: Low volume usage and high percentage of Australian workers (at least 85%).
Category 4: High volume usage and medium percentage of Australian workers (at least 75%).

For each of these categories there are a number of conditions that a business must meet to be accredited, such as requirements relating to minimum annual turnover, business structure and employment arrangements.

New Category 5: Major investment in Australia

A new Category 5 has been added to the Accredited Sponsor Scheme. In order to be accredited in this category applicants must:

have made a major investment in Australia (of at least AUD50 Million) which has directly generated Australian employment. Options for measuring a “major investment” may include:
a lasting contribution to Australia, including: the value of the investment, the company’s pattern of investment, jobs created, export outcomes generated, tax contribution; or
innovative business practices or technologies, including: introducing new skills and capabilities, setting up research activities in Australia or collaborating with Australian research institutions; or
supporting exports and the expansion of Australian industry within global supply chains, particularly in high value-add areas.
not be a sole trader or a partnership.
have been a standard business sponsor for at least one year.
have nominations approved for at least one primary TSS/457 visa holder in the last year.
have had more than 97% of nomination applications approved in the last year.
have no adverse monitoring outcomes.
have paid all Australian employees in accordance with an Enterprise Agreement or an internal salary table that reflects the current market salary rates.
engage all TSS/457 visa holders as employees under a written contract that meets National Employment Standards where they apply.

For advice regarding becoming an accredited sponsor, please do not hesitate to contact us at info@hartmanlawyers.com.au for Australian immigration assistance.

Disclaimer:

Labour Agreement Update

Posted by Rebecca Berkovic on March 24, 2019

Labour agreements for aged care providers

A number of aged care providers care for older Australians from multicultural backgrounds. In these circumstances specialised services may be required, for example, to care for aged Australians with limited English language proficiency or cultural requirements.

Accordingly, aged care providers can request a company specific labour agreement to sponsor skilled overseas workers for a Temporary Skill Shortage(TSS) subclass 482 visa, or an Employer Nominated Scheme (ENS) subclass 186 visa.

The Minister for Immigration, Citizenship and Multicultural Affairs has recently agreed to allow aged care providers in multicultural communities to seek the following terms and/or concessions to be included in their labour agreement:

a pathway to the permanent residency ENS visa, provided nominees having been employed for at least three years on a TSS visa,
an age concession allowing ENS visa nominees to be up to 55 years old, and/or
a lower English language proficiency requirement equivalent to the short-term stream of the TSS visa (ie International English Language Testing System (IELTS) component scores of at least 4.5 and an overall IELTS score of at least 5.0).

Labour agreements will only be considered where it is demonstrated that Australians cannot fill skill shortages and standard work visa programs cannot be used.

Changes to Minister of Religion Labour Agreements

The Minister of Religion Labour Agreement (MORLA) settings have recently changed.

Religious institutions can now seek a MORLA to sponsor overseas workers under the additional occupation of ‘Religious Assistant’.
Thresholds for sponsoring the occupation of ‘Minister of Religion’ have been made more flexible. Previously, the nominee was required to work in the most senior position in a specified location. Under new arrangements, the nominee can work in any senior position.

Sponsors will still need to demonstrate they meet all requirements of the program and have made reasonable efforts to fill positions with Australians.

Disclaimer:

Visas for General Practitioners

Posted by Rebecca Berkovic on March 16, 2019

Visas for General Practitioners

The Visas for GPs initiative was announced in the 2018-19 Budget as part of the Government’s Stronger Rural Health Strategy—a 10 year plan to meet health workforce needs across regional, rural and remote Australia. The Visas for GPs initiative is intended to allow the Government to better manage the growth and distribution of the national medical workforce.

From 11 March 2019, a Health Workforce Certificate (HWC) will be required for an employer to nominate a position for the ENS visa (subclass 186), RSMS visa (subclass 187), and TSS visa (subclass 482) in the following occupations:

General Practitioner (ANZSCO 253111),
Medical Practitioners not elsewhere classified (nec) (ANZSCO 253999), and
Resident Medical Officer (ANZSCO 253112).

An HWC is a letter issued by a Rural Workforce Agency confirming the genuine need to fill a primary healthcare position at a given location in Australia by an overseas doctor in the above occupations.

Under this initiative, the number of doctors entering the primary healthcare workforce through the skilled migration program will be reduced by about 200 doctors a year, over a period of four years. This initiative will direct doctors into areas that have lower access to services such as rural, remote and regional areas of Australia.

Importantly, the Department of Home Affairs has warned that nomination applications for doctors that do not contain the HWC will be subject to processing delays and the nomination cannot be approved.

For advice regarding submitting a nomination which requires an HWC, please do not hesitate to contact us at info@hartmanlawyers.com.au for Australian immigration assistance.