Category: Uncategorized

Victoria State Migration Plan Released

Posted by Rebecca Berkovic on November 2, 2010

Victoria has released its State Migration Plan which will come into operation on 3 November 2010.

Victoria’s State Migration Plan includes a separate list of occupations for sponsorship under the subclass 886 Skilled Sponsored visa program. Moreover, sponsorship arrangements for the subclass 176 Skilled Sponsored (Migrant) visa, subclass 475 Skilled Regional Sponsored visa and the subclass 487 Skilled Regional Sponsored (Provisional) visa have also been published.

Click here to view the visa subclass 886 State Sponsorship Eligibility List.

Click here to view the visa subclass 175, 475 and 487 State Sponsorship Eligibility List.

Based on formal arrangements between the Victorian Government and the Department of Immigration and Citizenship (DIAC), the number of visas granted to skilled migrants by the Victorian Government is limited by a quota, which for 2010/11 is set at 4,500. Each occupation listed on the State Sponsorship Eligibility List is also limited by a quota.

If you are a skilled worker interested in applying for sponsorship by the Victorian Government, please contact us for assistance.

This is general information only and does not constitute legal advice.

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.

Interim Occupation List for South Australian Sponsorship

Posted by Rebecca Berkovic on October 4, 2010

As we eagerly await the implementation of State Migration Plans, South Australia has published a list of occupations that it will consider for State Sponsorship for the purposes of skilled migration. This list will be applicable until the State Migration Plans are finalised.

Click here to view South Australia’s State sponsorship interim list of occupations.

For more information on State sponsorship for skilled migration, contact us today with your enquiry.

This is general information only and does not constitute legal advice.

Disclaimer:

Suspension of Afghan Asylum Seeker Applications Lifted

Posted by Rebecca Berkovic on October 1, 2010

The Minister for Immigration and Citizenship, Chris Bowen MP, in a media release published on 30 September 2010, announced that the suspension of Afghan asylum seeker claims would be lifted immediately.

The Minister stated that the Department of Immigration and Citizenship (DIAC) has been engaged in researching the situation in Afghanistan, particularly for ethnic Hazaras who comprise the majority of Afghani asylum seekers. According to the Minister, the Australian Government’s decision to lift the suspension has been informed by a range of sources including information obtained from the Australian embassy in Kabul.

Afghan asylum seekers affected by the suspension will be entitled to access the Immigration Advice and Application Assistance Scheme in order to help them submit statements of claim.

The Government is however continuing with its attempted development of a “Regional Protection Framework” and continues to pursue the idea of creating a Regional Processing Centre in East Timor.

This is general information only and does not constitute legal advice.

Disclaimer:

Visa Subclasses 846, 855, 856 and 857 Health Waiver Announcement

Posted by Rebecca Berkovic on September 22, 2010

The idea of a health waiver scheme was introduced by the Department of Immigration and Citizenship to allow for a waiver of the health provisions to apply to the following onshore Australian visas:

Subclass 846 State/Territory Sponsored Regional Established Business in Australia

Subclass 855 Labour Agreement
Subclass 856 Employer Nomination Scheme
Subclass 857 Regional Sponsored

Consultation between the Federal Government and States and Territories is now complete and it has been announced that the following States and Territories will be participating in the scheme:

Australian Capital Territory
New South Wales
Northern Territory
Queensland
Tasmania
Victoria
Western Australia

The aforementioned States and Territories will commence participation in the health waiver scheme on 22 September 2010 allowing applicants for the subclass 846, subclass 855, subclass 856 and subclass 857 visas to apply for a health waiver from this date in the relevant circumstances.

This is general information only and does not constitute legal advice.

Disclaimer:

Subclass 476 Skilled Recognised Graduate Visa Changes

Posted by Rebecca Berkovic on September 17, 2010

In order to be eligible for the subclass 476 Skilled Recognised Graduate visa it is necessary that the visa applicant has completed a degree of higher qualification in a specified area at a specified educational institution 24 months prior to lodging their visa application.

Commencing on 30 October 2010, the Department of Immigration and Citizenship will add the Engineering faculties of the following places to the list of requisite educational institutions:

Ecole de Technologie (Canada)
Pontificia Universidad Catolica de Chile (Chile)
University of Nottingham Malaysia Camous (Malaysia)
University of Liverpool (UK)

There are currently 107 institutions across the world on the list for the subclass 476 Skilled Recognised Graduate visa.

This is general information only and does not constitute legal advice.

Disclaimer:

New Minister for Immigration and Citizenship Appointed

Posted by Rebecca Berkovic on September 13, 2010

Following an expected reshuffle of governmental ministries and ministers in the wake of the 21 August 2010 federal election, The Hon Chris Bowen MP has now been appointed Minister for Immigration and Citizenship replacing Senator Chris Evans.

The Hon Chris Bowen MP previously acted as the Minister for Financial Services, Superannuation and Corporate Law and also the Minister for Human Services in the former government.

Senator Chris Evans has been shifted to the recently created Ministry of Jobs, Skills and Workplace Relations.

We are yet to see whether the appointment of The Hon Chris Bowen MP’s appointment as Minister will alter the face of the Ministry of Immigration and Citizenship.

This is general information only and does not constitute legal advice.

Disclaimer:

Federal Government Finally Formed

Posted by Rebecca Berkovic on September 7, 2010

Prime Minister Julia Gillard has managed to form a minority federal government following the 21 August 2010 election in which both major parties, the Australian Labor Party, and the Coalition, were unable to obtain the required 76 seats in the House of Representatives to form a government.

Independent Members of Parliament, Tony Windsor and Rob Oakeshott, decided to support the Labor government following lengthy negotiations with both major parties and Labor’s pledge to spend $10 million on regional projects. Elected Greens MP, Adam Brandt, determined to support a Labor government soon after the elections.

It is thought that the independent MPs will hold a significant amount of power given that they may hold the balance of power in deciding controversial legislative or policy changes. In regards to immigration, it is believed that the independent MPs may push for higher levels of immigration to regional areas to increase regional populations and fill skills shortages in regional areas.

This is general information only and does not constitute legal advice.

Disclaimer:

Employer Nomination Scheme Minimum Salary Increase

Posted by Rebecca Berkovic on July 1, 2010

From 1 July 2010, the minimum salary level required for subclass 856 visa holders under the Employer Nomination Scheme will increase from the current $AUD45,220 to $AUD47,480 per annum (exclusive of superannuation).

Minimum salaries for occupations in the Information Technology and Communications sector previously requiring a minimum salary level of $AUD61,920 will also increase to $65,020 on 1 July 2010.

The increase in salary level applies only to the approval of applications for nominations made on or after 1 July 2010.

This is general information only and does not constitute legal advice.

Disclaimer:

Amendments to Income Thresholds for Subclass 457 Visas

Posted by Rebecca Berkovic on July 1, 2010

As of 1 July 2010, the Temporary Skilled Migration Income Threshold (TSMIT) for subclass 457 Temporary Work visas will increase from $AUD45,220 to AUD$47,480. The TSMIT was introduced in September 2009 and is the minimum market salary rate of an occupation that an applicant can have to qualify for a subclass 457 visa. Notably, this rate is exclusive of superannuation.

An employer is still required to pay a temporary migrant worker the market rate for their occupation which may be much higher than the TSMIT.

Determining the TSMIT for a given occupation can be quite complicated and and subject to interpretation by case officers. It is therefore important that sufficient material is provided to prove the market rate of an occupation from the outset.

Moreover, the minimum salary level for applicants seeking an exemption from the English language proficiency test will increase from the current $AUD81,040 to $AUD85,090, unless other exemptions to English language requirements apply. The current exemptions from English language proficiency testing continue to include the following situations:

Holding United Kingdom, Canadian, United States or New Zealand citizenship;
Being nominated for an occupation where the requirements for registration, licensing or membership do not necessitate having proficient English; and
Being nominated for an occupation which is listed in a legislative instrument as an exempt occupation such as managers or certain professionals.

Should English language proficiency testing exemptions not apply, primary applicants will be required to undertake the International English Language Testing System (IELTS) examination and score a minimum of 5.0 in all four sections of the test. For occupations requiring high level English skills, a greater IELTS score is necessary in some cases.

This is general information only and does not constitute legal advice.