GSM POINTS FOR NEW SOL
Those who have been following the continual changes within the GSM (General Skilled Migration) program will know and hopefully understand that the current SOL (Skilled Occupations List) or Form 1121i, available from www.immi.gov.au website, will be superseded on 01 JULY 2010.
The new SOL has been available from previous entries made to this blog site. Part of an earlier advice from DIAC states:-
“ The new list (based on the Australian and New Zealand Standard Classification of Occupations, or ANZSCO) identifies occupations that reflect the high value, nation building skills Australia needs – skills that take time and diligence to acquire, that are put to the use intended, and where the cost to the economy and local communities of the skill being in short supply is great.”
It is important to note:-
“It is proposed that the new list of occupations would not apply to any valid GSM applications already lodged before the date of implementation. It is also proposed that it would not apply to people who, on 8 February 2010:
held a Subclass 485 (Skilled Graduate) visa or
had a pending Subclass 485 visa application, and who apply for a provisional or permanent onshore GSM visa before 31 December 2012.
Further, it is intended the new list of occupations would not apply to international students who, on 8 February 2010 held:
a Subclass 572 (Vocational Education and Training Sector) visa
a Subclass 573 (Higher Education Sector) visa or
a Subclass 574 (Postgraduate Research Sector) visa
when they apply for a Subclass 485 (Skilled Graduate) visa before 31 December 2012.
This would enable these students to remain in Australia for 18 months on the temporary skilled graduate visa after the completion of their studies to gain valuable work experience and the opportunity to secure an employer or state/territory government to sponsor them.”
It is noticeable that points are absent from all listed skills. Up until now, there has been no advice. This has just been released:-
“It is intended that the points awarded under the GSM Points Test to the occupations on the new list would reflect the allocation of points to occupations on the current SOL. The review of the SOL did not include a review of the points allocated to each occupation.”
DIAC has advised that, should they have not addressed to subject of points for the new SOL by 01 JULY 2010, the current points will be attached to the skilled occupations listed in the new SOL.
Therefore, if an occupation has a specific professional body designated as its skills assessing authority (such as Accounting, or Computing Professional) it will have 60 points, and if there is no specific assessing body for that profession, it will be a 50 point occupation whose skills for migration purposes is Vetassess, and it will get 50 points. A review of the points test itself is occurring, but from 1 July effectively the old points test or the current points test will be replicated against the new SOL.
Should the reader have further questions or need assistance with their visa application, please complete the FREE VISA ASSESSMENT available on the home page, otherwise, contact the writer.
Student Visa Funds & Living Costs
On 01 January 2010, the Department of Immigration and Citizenship (DIAC) made an announcement that all International Students must now show evidence of funds to contribute to the cost of living and studying in Australia.
DIAC acknowledges that all International Student have the opportunity to working a maximum of 20 hours during each semester and unlimited work during Semester breaks, but this is only to supplement their living costs. This 20 hours or work per week should not be the entire manner in which an International Student supports themself. No work is permitted before their course starts (including Secondary Applicants), but unlimited work is permitted for all applicants once the entire course has been completed.
NEW LIVING EXPENSES FUNDS REQUIRED
Prior to 01 January 2010, the basic living expenses figure for every International Student was $12,000.00. DIAC now requires all International Students to provide proof that they, as the Primary Applicant, have access to $18,000.00. The Partner must show $6,300.00, for the first children $3,600.00 and any further children $2,700.00 each child. The Applicant must be able to demonstrate to DIAC that these funds are available for each year of their visa.
Depending on the “Assessment Level” or AL, DAIC will determine if the Applicant must prove these funds are available for just the first year or whether the Applicant must have the entire funds already held.
WHAT STUDENTS MUST DO TO PROVE THESE FUNDS ARE AVAILABLE
It will depend upon:-
- The Student’s previous record regarding financial stability and Immigration history.
- The employment history of the Student and those providing the funds as financial support.
- The source of the funds – i.e. cash, bank loan and if these funds are already in a Bank Account in Australia.
New Skilled Occupation List (SOL) Announced
The Department of Immigration and Citizenship (DIAC) has announced a new Skilled Occupation List (SOL) for the
General Skilled Migration (GSM). The new SOL does not apply for non-GSM visas, such as ENS, RSMS or Subclass 457.
The new SOL can be found here and is proposed to commence 1 July 2010.
The new list comprises 181 occupations. The old SOL had 408.
The new SOL is based on ANZSCO (Australian & New Zealand Standard Classification of Occupations) and not ASCO (Australian Standard Classification of Occupations).
Some of the occupations which are no longer on the SOL include: Cook, chef, Hairdresser, Pharmacist, Graphic Designer.
Some of the retained occupations include: Accountant, Architect, Engineers, Medical Professionals, Motor Mechanic, and many building trades.
As previously announced, the new SOL does not apply to GSM applicants who, on 8 February 2010:
• Held a Subclass 485 (skilled graduate) visa or had a pending subclass 485 visa application; and who
• Apply for a permanent or provisional onshore GSM visa by 31 December 2012; or at the date of the
announcement had a pending GSM visa application.
Transitional arrangements will apply to international students who, on 8 February 2010:
• Held a subclass 572 (vocational education and training sector), subclass 573 (higher education sector);
or
• Held a subclass 574 (postgraduate research sector) student visa.
These students can apply for a subclass 485 (skilled graduate) visa using the current SOL as long as they lodge
their subclass 485 application by 31 December 2012.
As the new SOL is based on ANZSCO, the names of occupations and tasks associated with occupations need to be
carefully checked.
Also available is a new SOL FAQ, a fact sheet on the List and a fact sheet for those unable to apply for
independent GSM.
For further enquiries regarding the new SOL or anything else which you need answered, please contact Emigrate
Australia Pty. Ltd. via email – david@emigrateaustralia.com.au or phone 61 (0)7 55314140.
Should you require information regarding your current visa options, please complete our FREE VISA ASSESSMENT,
available on our home page.
Australian General Skilled Migration Reforms
Senator Evans, the Minister in charge of the Department of Immigration and Citizenship (DIAC), as per a previous entry to our blog site confirms, on the 8th February, made some sweeping changes to the GSM for Australia.
I have down loaded part of his speech to hilight several points I believe my clients may be interested in.
- Amendments to the Migration Act will be introduced this year to give the Minister the power to set the maximum number of visas that may be granted to applicants in any one occupation if need be. This will ensure that the Skilled Migration Program is not dominated by a handful of occupations.
- Individual state and territory migration plans will be developed so they can prioritise skilled migrants of their
own choosing. This recognises that each state and territory has different skills requirements. For example, Western Australia may have a shortage of mining engineers while Victoria may have a requirement for
more architects. - Under the new priority processing arrangements, migrants nominated by a state and territory government under their State Migration Plan will be processed ahead of applications for independent skilled migration.
I believe a most important point which clients should take note of is:-
“The Minister for Immigration and Citizenship, Senator Chris Evans, said the new arrangements will give first
priority to skilled migrants who have a job to go to with an Australian employer. For those who don’t have an Australian employer willing to sponsor them, the bar is being raised.”.
Senator Evans then went on to say:-
“There are plenty of occupations where there is an adequate supply of young Australians coming through our schools,
TAFE colleges and universities to take up new job opportunities. They must be given the opportunity to fill these
vacancies first. There are some occupations where there will be high demand for skills. Hospitals can’t go without nurses, country towns can’t do without a local GP and the resources sector increasingly needs skills.”.
Senator Evans believes “These latest changes will continue reforms already implemented by the government and result in a more demand-driven skilled migration program that attracts highly skilled migrants to Australia to work in areas of critical need.”.
Senator Evans admits there is a down side to these changes – “The government recognises that the changes will affect some overseas students currently in Australia intending to apply for permanent residence.”.
As mentioned in a previous entry in our blog site, we mentioned that the MODL (Migration Occupations in Demand List), as well as the CSL (Critical Skills List) have both been discontinued as at 8 February 2010 and that the SOL was to be revised and a new SOL was being releade in July 2010.
This is Senator Evans response to this:-
“Those international students who hold a vocational, higher education or postgraduate student visa will still be
able to apply for a permanent visa if their occupation is on the new Skilled Occupations List. If their occupation
is not on the new SOL, they will have until 31 December 2012 to apply for a temporary skilled graduate visa on
completion of their studies which will enable them to spend up to 18 months in Australia to acquire work
experience and seek sponsorship from an employer.”.
The changes will in no way impact on international students coming to Australia to gain a legitimate qualification
and then return home.
Should you require further information regarding this entry, or have an enquiry regarding some other matter regarding Emigration to Australia, please contact us via email or complete our FREE VISA ASSESSMENT available on our homepage. We will respond within 48 hours and give you the best advice from the information you provide.
General Skilled Migration – visa applications suspended
For some months now, we have been guiding our clients, and those who are just making general enquiries regarding
their best chance of Emigrating to Australia, away from the “175″; 176″ & “475″ skilled visas.
Some time ago, the Department of Immigration and Citizenship (DIAC), made the announcement they had suspended
reviewing these visas. They MAY commence reviewing them again around the end of 2011.
Recently, DIAC made the announcement they were no longer going to review applications which had been lodged prior to 01 September 2007 and would be refunding the Visa Application Charge (VAC).
It seemed evident to us that if the queue commenced at 01 September 2007, to join this queue now would mean a
wait of at least 2.5 – 3 years, on top of the “end of 2011″ – i.e. mid to end 2014.
This we believed was not the most satisfactory result for our clients and therefore we have been recommending
other visa sub-classes.
Even more recently, DIAC made the announcement that they had discontinued the MODL and the CSL and intended, through consultation with Skilled Australia, to release a new SOL in early July 2010. Those applying prior to this date could still use the old SOL (Form 1121i – available from their website).
Now, today (07 May 2010), the Minister has announced a temporary suspension of certain general skilled migration
visas.
The move hopes to ensure that all offshore general skilled applications made after today are in accordance with
the occupations included on the new Skilled Occupation List (SOL), to be released later this month.
The Minister has not indicated when the suspension will be lifted, however it will be no earlier than the
announcement of the new SOL.
The Minister has announced that his Department will not accept applications for the following visa subclasses
from 8 May 2010 until further notice:-
• Subclass 175 – Skilled Independent;
• Subclass 176 – Skilled Sponsored; and
• Subclass 475 – Skilled Regional Sponsored.
Therefore, any applications received by the Department after 8 May 2010 for one of the above visa subclasses will
be returned and the visa application charge refunded.
Please note that this suspension does not affect International Students applying for Onshore General Skilled
Migration visas.
For further information or clarification of this announcement and to pursue your best option to obtain a visa to
Emigrate to Australia, please contact the writer or complete our FREE VISA ASSESSMENT application on our Home Page.
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.
