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:

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.

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:

1. Holding United Kingdom, Canadian, United States or New Zealand citizenship;
2. Being nominated for an occupation where the requirements for registration, licensing or membership do not necessitate having proficient English; and
3. 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.

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.

Effective on 1 July 2010, The Australian and New Zealand Standard Classification of Occupations  (ANZSCO) will become the new standard used by the Department of Immigration and Citizenship (DIAC) to assess information about occupations in all immigration and citizenship matters, replacing the Australian Standard Classification of Occupations (ASCO) which was previously used.

The ANZSCO and ASCO codes differ in terms of occupation codes and job descriptions across a variety of occupations.

Any application received on or after 1 July 2010 will be assessed by DIAC using the ANZSCO code.

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.

The Department of Immigration and Citizenship (DIAC) has advised that the Living Away from Home Allowance constitutes part of a workers “guaranteed annual earnings” for the purposes of subclass 457 Temporary Business visas.

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.

The Department of Immigration and Citizenship has announced that as of 1 July 2010 the subclass 422 Medical Practitioner visa will no longer be available to applicants.  Arrangements are in place to enable those people holding subclass 422 visas to remain on this visa until the visa validity period expires, they change their employer sponsor or they are granted a new visa.

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.

After much anticipation, the new Skilled Occupation List (SOL) for the general skilled migration program has finally been released by the Department of Immigration and Citizenship (DIAC). The new list contains 181 occupations, which has significantly reduced the number previously listed which included more than 400 occupations.

Click here to access the new Skilled Occupation List.

The new list contains many occupations in the health and medical field, accountants, architects and mechanics as well as various types of engineers and trade occupations.

Notably, the list does not include the occupations previously listed of cook, chef, hairdresser or occupations in the business arena, such as marketing.

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.

The Department of Immigration and Citizenship (DIAC) has put in place transitional arrangements regarding the new Skilled Occupation List.  It is noted that the former pre-July 2010 Skilled Occupation List (SOL) will still apply in the following situations:

• Those who held a subclass 485 (Skilled Graduate) visa or had a pending visa application on or before 8 February 2010 who apply for a permanent visa before 31 December 2012.
• Applicants who already applied for skilled migration before the new SOL came into effect before 17 May 2010.
• International students who held a Subclass 572 (Vocational Education and Training sector), Subclass 573 (Higher Education Sector) or Subclass 574 (Postgraduate Research Sector) visa can apply for a subclass 485 (Skilled Graduate) visa using the former SOL as long as they apply prior to 31 December 2012. However, the new SOL will apply to international students holding a subclass 572, 573 and 574 visa applying for skilled migration.

We will see a significant reduction in independent skilled migrant places in Australia. However the number of visas granted to employer sponsored applicants is set to increase making Employer sponsored visas a better option for those migrating to Australia.

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.

The Minister for Immigration and Citizenship, Senator Chris Evans, has announced the revocation of the Migration Occupation in Demand List (MODL).  The MODL list previously entitled applicants with occupations listed on the MODL to additional points in their application for a skilled visa.  This change will mean that applicants relying on MODL points to meet the “points test” for skilled migration will be required to obtain or increase points in other areas, such as English language skills or relevant work experience.

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.

As of 1 January 2010, the English language requirement for applicants nominating a trade occupation has now increased from “vocational” English to “competent” English. This means that applicants nominating a trade occupation now need to obtain a minimum International English Language Testing System (IELTS) score of 6.0 in all of the four components whereas they were previously required to have a minimum score of 5.0 in each of the four components of the IELTS test.

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.