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More 457 news!

The new laws from 1 July 2013 clarifies that the standard business sponsors (employer) must engage a subclass 457 visa holder as a direct employee under a written contract of employment. 

It also requires all approved sponsors to be solely responsible for the payment of certain sponsorship and recruitment related costs, by prohibiting sponsors from recovering, charging or transferring these costs from any person.

Also stipulated is the need for the 457 visa holder to work in a position in the business of the standard business sponsor, and cannot be on-hired to work for another business.  If however, the sponsor lawfully operates a business in Australia, then the 457 holder may also work in a  position in the business of an associated entity of the sponsor.

Sponsors will also now be required to justify the number of nominations required.  A 'genuineness test' will be introduced and will be conducted by departmental officers of the Australian Government, to ensure that the position associated with the nominated occupation is genuinely required to address skills shortages in Australia.

Sponsors are required to provide overseas workers with at least the terms and conditions of employment given to an Australian worker performing the same work in the same geographic region.  The English language requirements for the 457 visa holder have also been strengthened, requiring relevant English language levels.  There is no longer any occupation based exemptions from the English language requirements.  A salary of AUD96,4000 will provide an exemption from English language requirements.

The Temporary Skilled Migration Income Threshold (TSMIT) has increased to AUD53,900.  However, market salary rates and the TSMIT do not apply if the annual earnings are greater than AUD250,000.

The skills requirements have also been strengthened requiring the 457 visa applicant to have the skills, qualifications and employment background that the Minister considers necessary to perform the tasks of the nominated occupation.  Subclass 457 visa holders are required to meet the mandatory registration and licensing requirements in their occupation in the relevant State or Territory.

Now, the Subclass 457 visa program allows the  visa application charges to be refunded if the application is withdrawn because there is no approved nomination.

If you are interested in the Subclass 457 visa program or require more detailed information call us for an appointment.  The first 20 minutes of consultation is free.  However, any consultation fees paid, are deducted from your account, should you choose to engage our services.

Longer consideration for Parents

Since 24 November 2012, parents of Australian citizens and permanent residents have been able to apply for Tourist (Subclass 600) visas to visit Australia for longer. These changes allow parents who meet the criteria for a Tourist visa to have regular extended visits with their family in Australia without needing to apply for a new visa on each visit and also recognise the length of the Parent visa queue. These types of visas are particularly good for Grandparents who want to spend more time with their grandchildren, before they grow up as the Parent visa (subclass 103) can take 10 to 15 years for a decision to be granted.

Parents may be granted the tourist visa for 18 months;  3 years or 5 years, depending on their situation.  This means a multiple entry visa with a maximum stay of 12 months.  Consideration will be given on a case-by-case basis.  If you would like to see your parents in Australia, we certainly can help you with the options that are available.

Looking at sponsoring a child to Australia?

If you are wanting to sponsor a child from overseas – you must be able to satisfy custody requirements when applying to sponsor children under the age of 18 years.  This means you must have the sole legal right to determine where the child shall live, or to remove the child from their home country.  If there is someone else who can determine where the child can live, then you must obtain a statutory declaration from this person, granting permission for the child to migrate. 

Depending on the type of child sponsorship visa, you may need a valid court order allowing the sponsor to permanently remove the child from the child’s home country and a relevant court order issued by the Family Court of Australia.  The Australian Government, in making their decision, will consider the best interests of the child. 

The sponsor will also need to satisfy the requirement that there is no compelling reason to believe the grant of the visa would not be in the best interest of the child.  Australian Federal Police checks will be required for the sponsor and the sponsor’s partner – fingerprints are not required.  If you have a child to sponsor, we can help you get them to Australia.  Call us today - we have many success stories, and beautiful stories of families being reunited in this way.

PROFESSIONAL RELOCATION SURVEY - CONGRATULATIONS AUSTRALIA!!

It has been revealed by Hydrogen Group, in their report "Global Professionals on the Move 2013", that skilled migrants regard Australia as one of the top countries to relocate to. 

In regards to professional demands there were similarities between the United Kingdom, United States, and Australia.  Our active outdoor lifestyle, which Australia and Australians are so well known for, helped to rank our country within the top three places.  A copy of the report can be found at http://www.hydrogengroup.com/Global_professionals_on_the_move_2013_Australia

If you are thinking of working or living in Australia, visit www:aboutimmi.com.au  under  the About Australia button. 

Our site features Australia's  population clock which has some interesting statistics; a currency converter;  cost of living examples and many other interesting facts.

Did you know that Australia enjoys one international migration every 2 minutes and 15 seconds, leading to an overall total population increase of one person every 1 minute and 20 seconds?  Go visit us now!

SEVERE PENALITIES FOR EMPLOYERS - ILLEGAL WORKERS

New  measures have been put in place to help prevent the illegal hiring of workers.  You may have noticed or read information about this in recent time, as the Department has launched an education program to the wider public about exactly what these new measure entail.  From 1 June 2013, a series of more stringent employer penalties became effective, for those who hire staff that are not legally able to work in Australia.

The Department's Visa Entitlement Verification Online (VEVO) system, is a free online service which allows Australian employers, labour suppliers, education providers, visa holders, financial institutions, and Registered Migration Agents to check the details and entitlements of a visa.  It is a good idea to check all employees under this system.  Some employers, when checking, have found that their Australian employees are working illegally, as they have revoked their citizenship at some time, and have not reclaimed it.  There are many reasons why an employer may be innocently illegal.  If you want to check your employees' legal status;  register your organisation with VEVO, or simply want to understand more about the VEVO system - go to http://www.immi.gov.au/e_visa/vevo/about.htm#a

Under the new legislation infringement notices and civil penalties will be given to employers found breaking the law.  Anyone using 457 immigration visas in an unsanctioned manner could be charged anything between $3,060 and $76,500 per illegal worker for doing so. 

PUBLIC INTEREST CRITERION (PIC) 4020

The Department of Immigration and Citizenship has advised that as of 1 July 2013, all family stream visas will now be included in the Public Interest Criterion 4020.  This criterion allows a visa to be refused where a bogus document, or false or misleading information is provided to the department in a visa application.

From 1 July 2013 the PIC 4020 criterion, will apply to all new applications and also to applications lodged prior to 1 July 2013 which have not yet been finally determined.  This includes applications currently under review.

The Department has advised that numerous instances of fraud are detected in the Family Stream caseload, particularly in relation to family composition, claims of (or denied) partner relationships and claimed age of applicants.

The introduction of this criterion drives a strong disincentive to bogus documentation, or false or misleading information being provided to the department.  There are severe implications to providing false or bogus documents. At All About Immigration, all our clients are required to sign a declaration in regards to providing false documents or misleading information. 

If you are caught in this situation, and would like to have a confidential discussion about your situation, we may be able to help you - contact us today! 

VISA APPLICATION CHARGES FROM 1 JULY 2013

The new visa pricing arrangements that came into effect from 1 July 2013, will see a what we have previously known as the visa application charge, now called the base application charge. 

Fees are added to the base application charge depending on each individuals circumstances, and the visa they are applying for.  For instance, a visa application charge for dependent family members of the main applicant now applies.  This fee is added to the base application charge.

There is also a new fee for applicants of certain visas categories applying in Australia for a temporary visa.  However it must be the second temporary onshore visa application to draw the temporary fee.  If you are confused about these new pricing strategies, contact us today for assistance.

TRAINING BENCHMARKS AND TRAINING REQUIREMENTS

This requires employers to provide evidence that the business meets the benchmarks for the training of Australian citizens and Australian permanent residents, under the 457 visa program. 

Employers will be required to verify training equivalent of at least 2% of payroll of the business by payments allocated to an industry training funds or at least 1% of the payroll of the business in the provision of training to employees of the business.  The employer will be required to undertake training benchmarks for the duration of the sponsorship, and on the anniversary of the sponsorship approval will be required to verify that the training requirements have been met, to continue the sponsorship.

ENGLISH LANGUAGE CHANGES FOR 457 VISAS

International English Language Testing System (IELTS) results of five on each band are now required for the Subclass 457 visas.

This means that applicants will be required to sit the ‘general training’ test and obtain a five or higher in each element of the test such as writing, reading, listening, and speaking.  Some applicants will be required to take the academic test – if their registration or industry or licensing body stipulates this.  There is no longer any occupation based exemptions from the English language requirements.

This requirement also includes all undecided visa applications as of 1 July 2013.  There have been no transitional arrangements in place or any merit for cases lodged before the changes came into effect on 1 July 2013.

The English language requirements for a skilled migrant worker may be exempted if the employer can offer a salary of AUD 96,400 or above.

Alternatively, if you need to prepare for an IELTS test go to http://takeielts.britishcouncil.org where you can obtain free tests and preparation tips.

Hello everyone, welcome to the official All About Immigration blog. I will be posting everything from changes in the Australian Immigration Policy to successful case stories, enjoy!