Temporary Residents buying property in Australia-Rules change
This was published in the AGE Newspaper just recently.
To avoid misquoting, I have uploaded the article as read.
THE Federal government will scrap its controversial new rules on foreign investment in real estate, and instead
tighten both the rules and their enforcement to head off a damaging political storm.
In a stunning about-face, Assistant Treasurer Nick Sherry has announced that temporary residents will now have
to seek approval from the Foreign Investment Review Board (FIRB) to buy any real estate in Australia.
Temporary residents will also be required to sell their Australian property when they leave Australia. And for
the first time, the FIRB will be given the means to ensure that the laws are enforced.
In a surprising move, the crackdown will also target vendors and real estate agents. Senator Sherry said they
would face civil penalties if they were involved in transactions that breached the Foreign Acquisitions and
Takeovers Act. His spokesman could not explain how vendors and real estate agents are expected to know the
immigration status of buyers.
The move comes barely three weeks after Senator Sherry denied that foreign investors were a factor in the
Australian real estate market.
Since then, the opposition has been demanding action and there has been a growing crescendo of complaints and
reports of massive buying by Chinese investors. Bloomberg newsagency reports that Chinese government companies
and sovereign wealth funds have expressed interest in investing in Australian real estate, after Beijing ordered
them to sell Chinese properties to bring down housing prices.
Senator Sherry now says he has consulted the community and the real estate industry, and concluded that the
foreign investment regime needs to be strengthened, ”particularly in relation to the arrangements for temporary
residents”.
”International investment that boosts the numbers of houses available for people to rent is a good thing, and
temporary residents living here should, within very strict rules, have the opportunity to buy a home. ”But the
rules have to be tough enough to ensure that the system works in that way, and that’s what we’re delivering.”
TIM COLEBATCH
April 24, 2010
The AGE Newspaper
Sweeping changes to GSM – 08 February 2010
February 2010
Significant changes to the General Skilled Migration Program were announced on 8 February 2010 by Senator Evans,
Minister for Immigration and Citizenship.
The changes are aimed at delivering a demand rather than a supply driven skilled migration program that meets
the needs of the economy in sectors and regions where there are skill shortages.
The major changes involve:
- The list of occupations in demand will be tightened so only highly skilled migrants will be eligible
to apply for independent skilled migration visas. - The points test used to assess migrants will be reviewed to ensure it selects the best and brightest. This
will include skills assessment requirements for GSM applicants nominating a trade occupation. - Certain occupations to be capped to ensure skill needs are met across the board.
- Offshore General Skilled Migration (GSM) visas applications made before 1 September 2007 (approx 20,000)
will be cancelled and applicants will receive a refund of fees paid.
The Migration Occupations in Demand List (MODL) and Skilled Occupation List (SOL) will be replaced with a new list
of targeted occupations determined by ‘Skills Australia’.
As the new SOL will be a comprehensive, targeted list, the current Critical Skills List will be phased out and
revoked. The new SOL will come into effect from mid-2010 and will apply to all applicants lodging visa
applications made on or after this date.
Under the changes, individual State and Territory migration plans will also be developed so States and Territories can prioritise in demand occupations at a regional level.
Migrants nominated by a State or Territory Government under their State Migration Plan will be processed ahead
of applications for independent skilled migration.
Offshore GSM application before 01/09/2007 – Scrapped
All OFFSHORE GSM applications lodged before 1 September 2007 will be withdrawn from processing and the applicants will have their visa application charge refunded. This does not apply to onshore pre 1 September 2007 GSM applicants.
This will affect about 20,000 applicants.
This has been done under Section 39 of the Migration Act 1958, whereby if the number of visa applications in a
particular class exceeds a number fixed by the Minister, any outstanding applications beyond that number are
taken not to have been made.
It is not clear when this is actually going to happen.
DIAC states that the Australian Government has decided to cap and cease these visas. Capping and ceasing can happen when the number of applications has exceeded a number fixed by the Minister, but the Minister seems not to have fixed that number yet.
Trades Recognition Australia (TRA): Job Ready Program
From 1 January 2010 there is a requirement that applicants for Subclass 885, 886 and 487 visas who nominate a
trade occupation must be assessed through the Job Ready Program (previously referred to as the Job Ready Test).
Applicants for Skilled – Independent (Subclass 885), Skilled – Sponsored (Subclass 886) and Skilled – Regional
Sponsored (Subclass 487) visas must have their skills assessed as suitable for their nominated occupation before
the visa application is lodged.
Subclass 885, 886 and 487 applicants who have nominated a trade occupation must have had their skills assessed
by the relevant assessing authority, on or after 1 January 2010.
Applicants for a Skilled – Independent (Subclass 175), Skilled – Sponsored (Subclass 176) or Skilled – Regional
Sponsored (Subclass 475) visa, who nominate a trade occupation, must have worked in the skilled occupation for at
least 12 months in the period of 24 months ending immediately before the day on which the application was made.
Trades Recognition Australia (TRA): Job Ready Program
From 1 January 2010 TRA has a new skills assessment program, the Job Ready Program.
The Job Ready Program is a four step process, and all four of the steps must be completed to satisfy the Job Ready Program.
Step 1 – Apply for a Provisional Skills Assessment
A successful outcome will enable you to apply to DIAC for a 485 skilled graduate temporary visa.
TRA says the requirements for this Provisional Skills Assessment are similar to the previous TRA skills
assessment process.
To be eligible to apply for a Provisional Skills Assessment you must:
?hold a valid visa
?hold an Australian Qualifications Framework (AQF) qualification in an occupation assessed by TRA
?have an IELTS score of at least 6 in each of the four bands of the IELTS test (or hold a valid passport from
and are a citizen of the United Kingdom (UK), Canada, New Zealand, United States of America (USA),
Republic of Ireland
?pay the AUD $300.00 Provisional Skills Assessment Fee
?have relevant work experience performed in Australia that demonstrates a range of tasks and duties of the
occupation you are qualified in.
Supporting documentation required include a statement from your employer about your work experience in Australia over at least six months. The statement must detail the occupation in which you were employed; exact periods of employment; and a description of the nature and content of your work along with the machines, tools and equipment used.
Stage 1, the Provisional Skills Assessment:
?Amount of work experience: 2 days per week for 6 months. TRA will be flexible about this and look at it on a
case-by-case basis. It could be work on a regular basis or in holiday periods.
?Work as part of a course (for example, industry placement) can be counted towards the requirement, providing
it is in a commercial environment.
?Overseas work experience does not count – must be in an Australian workplace.
?Unpaid work can be counted, providing this was legally conducted.
?Level of work experience expected is at about the 1st/2nd year apprentice level. For example, work as a kitchen
hand may be counted for a skills assessment as a cook. A range and variety of tasks is the important thing.
?IELTS results up to 2 years old can be submitted.
Step 2 – Complete the Job Ready Employment
On a 485 visa you will have 18 months to complete the required 12 months of full time employment that will enable
you to gain more skills and experience in an Australian workplace. You will also gain valuable training in
Australian workplace culture and language.
Compliance with this step will include Employer Registration, an Employment Contract and a Workplace Log.
Stage 2: Job Ready Employment
?TRA will accept up to 60 working days of employment prior to registration – this is to cover off the period
where the necessary documentation is being finalised by TRA and any current 485 holders.
?Full time employment in accordance with industry awards, usually 38 hours per week. Part time work experience
will not be accepted.
?Salary level – must be paid in accordance with industry awards.
?The “contract” referred to on TRA website would more accurately be described as an agreement signed by the
employer to participate in the Job Ready Program. An employer would still have a separate contract with the
employee.
?The agreement (“contract”) between TRA and the employer must be made within 30 days of the employment being
registered.
?Change of employer is possible during this period of 12 months employment.
?Logbook will need to be completed by employer regularly. This can be done online.
?Monitoring will be conducted on a risk assessment basis to determine whether the workplace is genuine and the
employment is genuine. However all workplaces will be visited at least once.
?Self-employment will not satisfy requirements here, due to credibility issues in relation to supervision.
Step 3 – Complete a Job Ready Workplace Assessment
You will have an opportunity to demonstrate your trade skills in the workplace to a TRA approved assessor.
Stage 3: Workplace Assessment
?Workplace assessment would generally take about one day. However, if a review is required, a second day may be
involved.
?Students will be expected to be able to show the full range of duties involved in the trade in the test.
Step 4 – Apply for a Job Ready Final Assessment
You will have collected all the evidence required during Steps 1, 2 & 3 to apply for a final assessment which
can be used as the skills assessment required to apply for permanent migration.
To gain a successful skills assessment as an onshore applicant with a trade qualification to enable you to
apply to DIAC for a residence visa, you must successfully complete all four steps of the Job Ready Program.
Should you have further questions, please do not hesitate to contact us via our email address – david@emigrateaustralia.com.au .
Would you like to have a FREE Skills Assessment, please click on the section at the top of the front page.
“457″ visa changes 14 Sept 2009
Market Salary Rates (Subclass 457)
Minster Evans has announced the market salary rates requirements for temporary skilled overseas workers which will come into effect from 14 September 2009.
These market rates will apply to all new subclass 457 visa holders from 14 September 2009, except where annual earnings of $165,000 or more are proposed.
For current subclass 457 visa holders, transitional arrangements will allow employers currently paying less than market salary rates to have until 1 January 2010 to commence paying market rates.
- $81,040 for Subclass 457 visa holders who benefit from the English language exemption
- $55,725 for Subclass 457 visa holders working in Information and Communication Technology (ICT) occupations who were granted their visa under certified regional employment arrangements
- $61,920 for all other Subclass 457 visa holders working in ICT occupations
- $40,705 for all other Subclass 457 visa holders who were granted visas under certified regional employment arrangements
- $45,220 for all other Subclass 457 visa holders.
How the market salary rate is determined:
a) if there is an equivalent Australian worker in the workplace:
- the market rate will be determined by the industrial arrangements that apply to this worker – for example, a collective agreement, award, award conditions with above award salary rates or a common law contract [This may be referred to as the ‘site’ or ‘enterprise’ rate].
b) if there is no equivalent worker onsite:
- the employer may reference collective agreements or awards for that position to substantiate the market rate. If there is no applicable agreement or award, other evidence such as remuneration surveys or earnings data must be provided.
In this case it is the sponsor’s responsibility to identify market terms and conditions of employment supported by a range of evidence.
Resources for obtaining evidence for market rates include:
Australian Bureau of Statistics
Job Outlook (DEEWR resource)
Employer associations
Unions
Temporary Skilled Migration Income Threshold (TSMIT)
The Temporary Skilled Migration Income Threshold (TSMIT) commences on 14 September 2009 and is currently $45,220 per annum.
A nomination under the Subclass 457 visa program will be refused in most cases if the market salary rate for the nominated position is below this level of income.
The TSMIT has no bearing on what the Subclass 457 visa holder should be paid in the workplace.
Example given by DIAC
If the market salary rate for an occupation is $39,500 – that is, the market salary rate amount that is paid to equivalent Australian in the employer’s workplace – then the nomination would normally be refused, as the salary is below TSMIT. Even if the sponsor decided to offer the nominee a salary of $45,220, then the nomination could still be refused, as it is the market salary rate that the department compares to TSMIT, not the actual salary proposed.
Current nomination applications will be assessed against the new nomination criterion, and DIAC will contact sponsors to seek further information.
Current nomination approvals where the 457 applicant is specified will be processed under the new legislation.
From 14 September 2009, current nomination approvals where the 457 applicant is not specified will not be valid. The sponsor may seek a refund of the nomination fee for these nominations by submitting their request in writing to the department within the validity period of the nomination.
Monitoring
There will be specially trained officers with investigative powers to monitor workplaces and conduct site visits to determine whether employers are complying with the redefined sponsorship obligations.
Breach of sponsorship obligations could result in fines up to $33,000, the cancellation of an employer’s approval as a sponsor or barring them from making further applications for overseas workers.
DIAC can also obtain information from the Commissioner of Taxation to ensure correct salary levels are being paid to visa holders.
Should the reader have any questions regarding the above information or you wish to enquire if you have the correct skills to be assessed for a “457? or any other type of visa, please do not hesitate to contact us &/or complete our FREE VISA ASSESSMENT on our front page.
General Skilled Migration English language changes
Commencement: 1 January 2010
From 1 January 2010, the Migration Regulations 1994 (‘the Regulations’) are amended to change the English language
requirements for onshore General Skilled Migration (GSM) visas. In particular, the amendments:
•increase the English language requirements for applicants nominating trade occupations (Australian Standard
Classification of Occupations (ASCO) Level 4 occupation) by removing the option of ‘vocational English’;
•remove the option for applicants to receive points towards a qualifying score for the General Points Test for
‘vocational English’;
•require applicants applying with ‘concessional competent English’ to attain an average score of 6 in the
International English Language Testing System (IELTS);
•provide that applicants applying with ‘concessional competent English’, will no longer be restricted to being
nominated by a State or Territory, or sponsored by a person who resides in a State or Territory, in which
arrangements are established for suitable English language training, nor will they be required to enroll in an
English language course and pay the fee; and
•ensure that where a primary applicant is relying on partner points in the General Points Test, no points will be
awarded if the partner has ‘vocational English’ and if claiming ‘concessional competent English’, they have not
met the new requirements as set out for primary applicants.
Record intake of Migrants
An article which appeared in a Melbourne Newspaper earlier in December made some astounding observations about
Australia’s current Immigration situation.
The writer of the article states that Australia has now reached an intake of Migrants this last year of over 500,000.
This was for Permanent Residency, students and also long stay migrants, which will also include those on a Temporary visa.
There is a NET Migration to Australia of roughly 275,000, which is 15% more than a year ago, due to the fact that there are those Migrants who have chosen to go back home, and then there are Australian Citizens, who, for whatever the reason, perhaps a change of job, have chosen to move to another part of the world.
GSM English changes as from 01 JAN 2010
The Department of Immigration and Citizenship (DIAC) has announced there are changes to the requirements for applicants in the ON-SHORE General Skilled Migration Program from 01 January 2010. These changes are as follows:-
•increase the English language requirements for applicants nominating trade occupations
(Australian Standard Classification of Occupations (ASCO) Level 4 occupation) by removing the option of
‘vocational English’;
•remove the option for applicants to receive points towards a qualifying score for the General Points Test
for ‘vocational English’;
•require applicants applying with ‘concessional competent English’ to attain an average score of 6 in the
International English Language Testing System (IELTS);
•provide that applicants applying with ‘concessional competent English’, will no longer be restricted to being
nominated by a State or Territory, or sponsored by a person who resides in a State or Territory, in which
arrangements are established for suitable English language training, nor will they be required to enroll in an
English language course and pay the fee; and
•ensure that where a primary applicant is relying on partner points in the General Points Test, no points will
be awarded if the partner has ‘vocational English’ and if claiming ‘concessional competent English’, they have
not met the new requirements as set out for primary applicants.
Permanent Skilled Entry Backlog
Further to an entry made recently about the changes to the General Skills Migration (GSM) Program, announce on the
24th September 2009, there have been some repercussions, which have been felt by many.
Because of the advice from the Department of Immigration and Citizenship (DIAC) that the priority will be given to
those applying via the ENS or RSMS (see previous entry on our site), there has been unprecedented flow of
applications to both these sections of DIAC, creating overwhelming pressure on both these Departments.
Once an application has been allocated to a particular Case Officer, and that may be a couple of months, DIAC are
giving an assurance that they will give an answer within 2 days, with an outcome if the application is “decision
ready” or the Case Offcier will request further documentation ot information from the applicant or their Registered
Migration Agent.
Even though the published Service Standards for the ENS and RSMS Department for a decision on an application is
5 months for any application lodged with an ETA approved Passport holder or 7 months of an applicant lodged with a
non-ETA Passport holder, the ENS/RSMS Departments are striving to better this published time frame.
It, of course, goes without saying, that it depends on each individual application, as no case is ever the same and
therefore various senarios will arise which can speed up or slow down each application.
If you are requiring assistance with your visa application, please do not hesitate to complete our FREE VISA
ASSESSMENT, which can be found on our front page or send us an email and we will do our best to give the the
correct, Professional, discrete advice.
IELTS Test Places
The current most recognised test which can be taken for Migration purposes is “IELTS”, or International English
Language Test Scheme.
Due to the fact that this will be in place and a pre-requisite for a GSM application as from 1st January 2010,
there is obviously going to be a greater demand from now on, through the rest of 2009 and on through 2010.
We have been advised today that to meet this expected demand, there are a number of inceased positions been made
available in the following cities in Australia:-
BRISBANE
5 December [General & Academic]
– still some places available
– Open to interstate candidates
12 December
– 350 places available
– Information about this test will not be on the www.ielts.org website until next week.
SYDNEY
5 December [General]
– approximately 600 places available.
– Currently only available for candidates living in NSW
MELBOURNE
12 December [General & Academic]
– 1,000 places available.
– Currently only available for candidates living in Victoria
PERTH
5 December [General]
– some places still available
ADELAIDE -
5 December [General]
- 200 extra places available
There are currently places also available on 5 December at Rockhampton (QLD) [General & Academic]
Those considering taking an IELTS test overseas, should check via the IELTS site for their closest examination
centre.
Should you require further assistance regarding this matter or any other matter concerning you and your Migration
to or within Australia, please do not hesitate to contact us via our site or by completing the FREE VISA
ASSESSMENT APPLICATION on our front page.
