“457″ Visa applicants on Visitor Visas
The Department of Immigration and Citizenship (DIAC) has recently made an announcement, explaining their concern about those who have already applied for the “457″ from off-shore (outside Australia) and then the Primary applicant and Secondary applicant/s come to Australia on a Visitor visa while they wait for the “457″ visa outcome.
The Visitor visas which DIAC are referring to are:-
- Tourist visa – “676″
- Sponsored Family Visitor – “679″
- Business (Short Stay) – “456″
- Sponsored Business Visitor (Short Stay) – “459″
- ETA (Business Entrant – Short Validity) – “977″
- ETA (Business Entrant – Long Validity) – “956″
- ETA Visitor – “976″
- eVisitor (Business Stream) – “651″
DIAC recommend, just the same as with any other off-shore visa application, that the Primary and Secondary applicant/s remain off-shore while they await the outcome of their application. To book airfares and expect DIAC to grant one of the above mentioned visas is of concern to DIAC unless it can be shown that the visit is indeed, for a short time for either a visit or for business reasons.
For the Case Officer to grant such a visa, with the knowledge of the pending “457″ visa, they must take a number of circumstances into consideration about the Primary and Secondary applicant/s, such as:-
- Personal circumstances
- Incentive to return home
- Financial situation
- Their ability to support themselves while living in Australia.
The major condition which is automatically attached to all the Visitor visas, rather than the Business Visas above, is “8101″ – NO WORK Condition.
The major condition which is automatically attached to all the Business visas above is “8112″. This Condition requires that the visa holder must not engage in work in Australia that might otherwise be carried out by an Australian Citizen or an Australian Permanent Resident.
This condition “8112″ only allows work to be undertaken for periods of no more than 6 weeks in the ASCO 1-4 categories or in an emergency.
To commence working for the Sponsoring Employer on the “457″ using one of these Business visas will be considered by DIAC and the Case Officer involved as on going work, which contravenes Condition “8112″.
Should you require further details about this subject or any other topic of concern, please complete or FREE VISA ASSESSMENT available on our front page.
Review of Overseas Student Industry
Over the past few months in Australia, it has come to light, that there are fundamental flaws in the overseas Student Industry. There have been several TV shows specifically highlighting this issue as well as other forms of media. Of course this has therefore forced the Australian Government to take positive action to stem the criticism of the current situation, as currently, this is the 3rd largest export industry for Australia.
The Honourable Ms Julia Gillard MP, Deputy Prime Minister and Minister for Education made a press release on the 8th August 2009, and a section of this press release has been quoted on our site to enable an acurate account of this announcement.
“Bruce Baird to head up international students review
The Minister for Education, Julia Gillard, today announced that former Federal Member for Cook, The Hon Bruce Baird, will head up a review into international education in Australia.
Mr Baird will review the Education Services for Overseas Students (ESOS) Act and report back to the Government with changes designed to ensure Australia continues to offer world class quality international education in this challenging and changing environment.
The Review will consider the need for enhancements to the ESOS legal framework in four key areas:
- Supporting the interests of students
- Delivering quality as the cornerstone of Australian education
- Effective regulation
- Sustainability of the international education sector
An issues paper will be released on the DEEWR website in the coming weeks, outlining the key issues for the international education sector and inviting written submissions from September 2009.
Mr Baird will hold targeted forums with groups including state and territory government officials, regulatory bodies, education providers, student bodies and diplomatic missions. He will also draw from the results of the International Student Round Table to be held in Canberra in early September.
An interim report from the Review will be presented for consideration by the COAG in November 2009, with a final report expected in early 2010.”
DEEWR is an acronym for Department of Education, Employment and Workplace Relations.
COAG is an acronym for Council of Australian Governments – COAG is the peak intergovernmental forum in Australia, comprising the Prime Minister, State Premiers, Territory Chief Ministers and the President of the Australian Local Government Association (ALGA).
MODL Review
The Australian Government announce TODAY (14th August 2009), that they are calling for comments on their intention to review the Migration Occupations in Demand List (MODL).
The Government have said – quote:-
“The evaluation process will be a major step in constructing a framework for migration which will meet Australia’s longer term economic, social and demographic needs.
The MODL review will assess the central skills targeting mechanism for the General Skilled Migration (GSM) program. The MODL was introduced to target the GSM program, to applicants who had skills in occupations and specialisations in short supply in Australia.”
This will also coincide with the release of the ANZSCO (Australian and New Zealand Standard Classification of Occupations), which will take over from the ASCO, which has been used for the past 40 years. This review will examine and report on the implementation of the Australian and New Zealand Standard Classification of Occupations (ANZSCO) for migration purposes and the implications and timing of its application to MODL and the Critical Skills List.
The Government then went on to say:-
“The changes to the MODL will not affect the ability of Australian industry to meet its skill needs through the Employer Nomination Scheme (ENS) and Regional Sponsored Migration Scheme (RSMS). Other arrangements currently in place, including the Critical Skills List (and the priority processing arrangements), will continue until the outcomes of the MODL review are finalised.”.
A couple of questions which have been raised and answered by the Government are:-
When will the new MODL be implemented?
The arrangements for the transition to the new MODL will be determined once the outcomes of the review are finalised.
The Critical Skills List will remain in place while the review is in progress and then be phased out following the implementation of any recommendations flowing from the review.
What will happen to priority processing of CSL applications?
Occupations which are listed on the CSL receive priority processing, which assists the targeting of the migration program. These arrangements will continue until the review is finalised. Once the review is finalised, arrangements for phasing out the CSL will be announced.
For further information on this or a visa application, please complete our FREE VISA ASSESSMENT on our front page.
“457″ Sponsored work visas
We believe it is necessary to remind readers of our website of conditions which changed just recently in the “457″ visa category.
Back in April 2009, the Department of Immigration and Citizenship (DIAC) changed the “457″ visa conditions.
Some skilled workers, who are applying for the “457″ visa, must now have their skill assessed by Trades Recognition Australia (TRA) in Australia or VETASSESS if “off-shore”.
From April, those with the skills listed below, and from the countries listed below, will have to have their skills assessed before applying for their “457″ Business (Long Stay) 4 year Temporary visa.
Skilled Occupations:-
- Welder (First Class)
- Motor Mechanic
- Cook/Chef
- Fitter
- Metal Fabricator
Countries:-
- Brazil
- China
- Fiji
- India
- Papua New Guinea
- Philippines
- South Africa
- Thailand
- Vietnam
- Zimbabwe
DIAC have also announce that, in the future, they intend to broaden the scope of both the skills to be tested and the Citizens of further Countries which will be required to participate in these tests.
These changes have been necessary to secure the Australian Industries which these skills will be used in, to protect these Industries and give Australia better skilled workers. It has been instigated also, as DIAC do not wish the successful training and employment currently enjoyed in Australia from being undermined.
Therefore, it is necessary for the applicants with the above skills and from the above countries, to have their skills assessed.
