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Migration to Australia, my newsletters and publications

I started this in November 2003 and will gradually add to it, as time allows. Note that these articles may go out of date in some details, so don't rely on the information in them. They are for background reading only.

-- Mary Heath



State Nominated Skilled Migration to Australia, July 2010

26 July 2010

Here is an update to the situation with the individual States and the Territory that nominate migrants. States assess the demand in their regions for particular skills and also how easily people will settle in. Gaining a State nomination can gain points for an application low in points, or in some cases the State Nomination is essential for the visa as a whole.

We have listed the contact details for each State here, and encourage visa applicants to familiarise themselves with the information on the websites. Keep looking – at present we have no firm dates for the new lists. With an August Federal election in Australia, we may see more changes to migration.

WA Skilled Migration, 26.07.10

www.migration.wa.gov.au

Note that all new applications have been suspended until further notice.

  • Pathways to Migrate - To be updated
  • How to Apply for State Sponsorship - To be updated
  • Skilled Sponsored Visa (SSV) - To be updated
  • Skilled Regional Sponsored Visa (SRSV) - To be updated
  • State Sponsorship Guidelines - To be updated
  • Getting a Positive Skills Assessment
  • English Language Requirements
  • Online Application System
  • Occupations in Demand - To be updated

Skilled Migration WA is currently working through all pending applications as a matter of priority and you will be contacted by us as soon as the outcome of your application has been decided.

State Migration Plan

The Government of Western Australia is currently finalising the State Migration Plan with DIAC. The new Plan will determine the State’s priority occupations list and the requirements for State Sponsorship. Once the Plan is released you will be able to download it from this website.

**********

South Australia, updates from 26.07.10

www.migration.sa.gov.au/sa/immigrate_from_overseas/visa_options/gen_skill3.jsp

07 July 2010 - New Applications for State Sponsorship

You will be aware that Immigration SA 'shut down' our Online Sponsorship Application System from 15 May 2010 until further notice.

While we are aware that occupations on the revised Skilled Occupations List released by DIAC on 1 July 2010 may be available for State Sponsorship, Immigration SA will not commence accepting new applications for State Sponsorship until the State Migration Plan (SMP) is implemented. Information about the SMP and the sponsorship eligibility list and any new criteria will be available on the Immigration SA website when they are finalised. There is no date set for the release of the State Migration Plan but this is not likely to occur before August 2010.

Do not contact Immigration SA but monitor our website: www.migration.sa.gov.au - for the release and implementation of the State Migration Plan and the List of Occupations for Sponsorship for the next Program Year 2010-2011. Any amendments to the criteria, process and processing times will also be published when the State Migration Plan is released and all current and new applicants must meet any new requirements.

Current complete applications for State Sponsorships for 176 Visas received by Immigration SA (and not yet processed) may be considered for Sponsorship when the new State Migration Plan/List of Occupations is released. Emails are being sent to current applicants/agents to advise them of the action they need to take.

Thank you for your interest in South Australia. Please monitor this website regularly.

14 May 2010 : Sponsorship Application System - Shut Down

As advised on this website one month ago - The Online Sponsorship Application System has been SHUT DOWN until further notice.

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Skilled migration to Queensland, Australia 26.07.10

workliveplay@qld.gov.au

State Migration Plan

A Queensland State-sponsored and State regional-sponsored Migration Plan is currently under development. Until the Plan is in place, Queensland may continue to nominate suitable applicants with an occupation on the current Queensland Eligible Skills Lists as long as the occupation is also on the Australian Government's Skilled Occupation List (SOL).

*************************************************************

Skilled Migration to Victoria, 26.07.10

www.liveinvictoria.vic.gov.au/visas-and-immigrating Eligibility Lists

The Victorian Government is currently developing its State Migration Plan. Information about the plan and new sponsorship eligibility lists will be available on this website when they are complete. Only occupations included on Victoria’s sponsorship eligibility lists will be considered for sponsorship. The new arrangements will be in place no earlier than August 2010.

No further applications for Victorian Government skilled visa sponsorship will be accepted from 1 July 2010, to allow for implementation of the State Migration Plan.

For more information, see News and Events.

************************************************

Tasmania, the Northern Territory and NSW & Canberra do not have current information on their websites. It is probable they are following the general research program of the other States above, to announce new lists for Nomination in the next few months.


The New Lists for Working Visas in Australia

14th July, 2010

As of 1st July 2010, most of the new programs for working visas in Australia have been announced. These are GSM Visas Subclass 175, 176, 885, 886, 887, 485 487, 495, 475, 476. For all of these visas the primary applicant must nominate an occupation on one of the Skilled Occupation lists. If a partner also has a skill listed, and English and work experience, points can be added to those gained by the primary applicant. We also supply the list for Employer Nominated permanent visas, the ENSOL and the Employer Sponsored Temporary list for the Subclass 457 Visa and the Subclass 442 Occupational Trainee Visa.


List One – Schedule 1 applies only to General Skilled Migration (GSM) applicants who lodged their application prior to 1 July 2010. http://www.immi.gov.au/skilled/_pdf/sol-schedule1.pdf  This is the old original SOL list, in Australian Standard Classification of Occupations – ASCO. In Australia each occupation is defined and given a number for reference.


List Two – Schedule 2 the SOL in existence prior to 1 July 2010 in ANZSCO code listing – applies to GSM applicants who are eligible for transitional arrangements and who lodge their application before 1 January 2013. This list applies to some students in Australia who began their training before the changes of 1st July 2010. It is a transition list. If you are in Australia on a Student Visa or a Subclass 485 Graduate Student Visa, check this list for eligible occupations. http://www.immi.gov.au/skilled/_pdf/sol-schedule2.pdf.

List Two is in ANZSCO code – Australian and New Zealand Standard Classification of Occupations and ASCO. This allows for comparison of occupation titles.

List Three – Schedule 3 is the new, current Skills Occupation List (SOL). It applies to all new GSM applications from 1st July, 2010. ‘Transitional’ applicants can also use this list if they prefer it to List Two. http://www.immi.gov.au/skilled/_pdf/sol-schedule3.pdf

List Four – Schedule 4 the State and Territory Skilled Occupations List. This list is for GSM applicants who are nominated by a State or Territory government agency under a State Migration Plan. http://www.immi.gov.au/skilled/_pdf/sol-schedule4.pdf

In the near future (August ?) the individual States will be announcing their own State Nomination Lists, to include some occupations that have not been listed in any other list. There are said to be more trade skills coming. The State Nomination Lists are for particular skills in demand in their regions, a result of careful research.

Employer Nomination Scheme Occupation List. This list, referred to as the ENSOL, is only for visa applicants applying for the Permanent Employer Sponsored Visas, Subclasses 121 & 856. If applicants are applying under the Employer Nomination Scheme, they must have been nominated by an Australian employer to fill a position in an occupation that appears in the ENSOL. http://www.immi.gov.au/skilled/_pdf/ensol.pdf   Note: Applicants must obtain their skills assessment before they lodge their visa in order to send it in with the visa application.

Temporary Working Visas Occupation List. This new list, issued on 17th June 2010, differs considerably from the GSM lists and the ENSOL. It is not safe to assume that because one list has a particular occupation it will also be on the other lists.

Here is the web address: Specification of occupations for nominations in relation to Subclass 457 (Business (Long Stay)) and Subclass 442 (occupational trainee) Visas

ASCO & ANZSCO, the change to the Australia and New Zealand Standard Classification of Occupations list is now being used for all new visa applications, and most new lists have correlation tables to the old ASCO list – except the Temporary Visa List for Subclass 457.



Further Information on GSM, Employer Nominated, State Sponsored and 457 temporary visas

20 May, 2010

  • The new Skilled Occupations List (SOL) is operative from 1st July, 2010. However, Subclasses 175, 176, 475 (the overseas visas) cannot be lodged before 1st July as they remain ‘on hold’.

    The Subclass 886 onshore GSM State Sponsored Visa is also on hold, as many of the State Migration Teams are catching up with the current workload and preparing the new State/Territory Nomination Lists, to be published later in 2010. The States are expecting to be offering the Nomination service in July. Check this with the State Nomination Team in your own State. In Western Australia only the Subclass 885 Independent GSM visa can be lodged at the moment, unless with a prior nomination. The Subclass 485 (temporary) visa can also be lodged.

  • State/Territory Nomination Lists are expected to include occupations not on the new SOL, particularly in trade skills. As many trades have disappeared from the SOL, this is very good news.
  • At present the Employer Sponsored application lists are remaining the same. The ENS permanent visas are remaining with the old ENSOL. The Subclass 457 temporary visas are remaining with the old Temporary Skilled Visa list. There is some expectation these lists too will change later in the year. It would be surprising if they did not follow on from the new SOL.
  • Students: For all overseas people planning to come to Australia to study, it is wise to remember the Australian government has said our education system is excellent, and is designed to educate our own population and students from overseas. The education is what is gained. There is no guaranteed link between completion of college courses in Australia and a permanent visa to take up residence here.

    If students plan to apply for PR in the future, they should study the job advertisements and newspapers to see where employers are hiring. Is there sign of a long-term trend that will still be there when courses finish? Where there is demand, the occupation should remain on the SOL list.

  • The new Skilled Occupations List classifies Australian occupations according to The Australian and New Zealand Standard Classification of Occupations (ANZSCO) list, instead of the old Australian Standard Classification of Occupations (ASCO). The ANZSCO list can be accessed at: AUSTRALIAN AND NEW ZEALAND STANDARD CLASSIFICATION OF OCCUPATIONS (ANZSCO) To order a hard copy for yourself, at a cost of A$125 in Australia, ring: 1300 135 070, 9:00am to 5:00pm Monday to Friday, International callers +61 2 9268 4909. Or it can be ordered online. There is also a training program available free on their website. You have to order it.

  • Revised Skilled Occupations List (SOL) announced 17 May, 2010

    The list is available at: Minister's announcement of new Skilled Occupations List.

    There is also an FAQ and Fact Sheet.

    GSM processing on hold for some visas

    May 2010

    The Australian government is changing many regulations and processes this year, particularly with the General Skilled Migration (GSM) pathways, the Employer Sponsored Visas and Skills Assessments, particularly in the Trade Skilled occupations. Visa applications for people overseas are affected but not always in the same way as an onshore application for graduate students applying in Australia, or applying here for an employer sponsored working visa, temporary or permanent.

    • The Skilled Occupations List (SOL) is under review and due to be re-issued in a few weeks, in May 2010. The old list no longer reflected the needs of employers or the job opportunity market. The result was that some workers arrived here with their families, but could not find work in their occupation. The other problem for Australia is that overseas workers took places in skilled jobs that should have gone to young Australian trainees and new graduates. This creates social and economic problems among our young people.

      A thorough review of Australian vacancies and workplace needs has taken place over the last 6 months.

    • Since 7th May 2010 GSM Visa applications from overseas are on hold until the new SOL list is published. You cannot apply for a GSM visa online or by paper for a Subclass 176, Skilled Sponsored, 175, Skilled Independent, or 475, Skilled Regional Sponsored visa – it will be returned un-receipted to you or not received by the online system.
    • In addition, some of the State Nomination Authorities are not processing nominations for either onshore or offshore (overseas) visa applicants. Contact should be made direct to the relevant State Nomination Office. Western Australia is not processing further applications for either Subclass 176 (offshore) or 886 (onshore) GSM visas until July 2010. The WA State Office said to me yesterday they were using this time to catch up on existing applications and reorganising their systems.
    These regulations are firm. It may be very inconvenient for your application if you stand to lose Points because of age or another deadline. For State nominations, you can try contacting the relevant State office direct to see if they have any places available for Priorities. You need to have a very good reason.


    Western Australian Visa applications 2009,
    since the economic downturn

    September 2009

    Australia is claimed to be the only country escaping a recession. But despite this, we certainly don't have the same number of temporary residents or migrants arriving in recent months from overseas.

    What has happened?

    I quote from the address given by Secretary Andrew Metcalfe, of the Department of Immigration and Citizenship (DIAC), 15th June 2009 in Ottawa.

    "Now with the global economic crisis, the number of temporary skilled migration visas granted in April was 64 per cent lower than in September last year, when the crisis hit, and indeed, the lowest rate in four years.

    I should mention part of the fall was due to some necessary changes implemented by the Australian Government to protect local jobs and improve the integrity of the scheme.

    Nevertheless, the demand for overseas labour is not as great and in recognition of the impacts of the crisis on the domestic labour market, the minister has also decided to cut the permanent skilled migration program in this financial year and next. Overall, the migration program will total 168, 700 for 2009-10, including 60,300 family places and 108,100 skilled places."

    DIAC has cut numbers, it is more difficult to apply for a visa, and many occupations - such as Translators - are pretty much on permanent hold. In the State of Western Australia we take people with the skills we need.

    Who can still get a fast temporary or permanent working visa?

    a) Anyone eligible for an Employer Nominated Permanent Visa - top of the list, granted within a few days if complete and trouble-free. These visas are assessed at the Perth Office for local WA firms.

    b) Occupations on the Critical Skills List (CSL). Usually taking a few months, these applications go to the Adelaide Skilled Processing Centre, or Brisbane.

    c) State Nominated Subclass 176 General Skilled Migration (GSM) visas. These are nearly as fast as the CSL list. Application to the State Migration Office for their nomination is an extra, separate application. This can slow down the whole application, which makes it slower than the CSL list at b).

    d) Family sponsored GSM Visas - might take over 18 months.

    e) All other valid applications - could take as much as 24 months, or longer.

    Medical Staff, Engineers, Computer Professionals and Accountants

    · Medical staff still have swift entry in most occupations. For permanent visas there is extensive testing of skills and qualifications (as we would hope), but compared to other GSM Visas, once the exams have been passed these applications go through in a few months. On a temporary employment visa, or an Occupational Trainee Visa 442, the whole application can be granted in three months. The Subclass 442 allows a trainee to come to Australia for a one year period as an intern before they take their final exams. An onshore application for a permanent visa can be made in Australia if the Subclass 442 has not expired. Many nurses are sponsored into Australia by hospitals direct, on a temporary working visa Subclass 457.

    · All engineering occupations are in demand throughout the country: civil, mechanical, electrical, chemical, electronic, mining, production or plant engineer and engineering managers. They are needed for our primary industries, building construction and the Australian oil and gas industry. Despite the downturn, we still need engineers. Many engineers start their careers in Australia on a Temporary Employment Subclass 457 visa. These professionals then move into permanent Employer Nominated Visas, or State Nominated GSM Visas nominated by the WA State government.

    · Computer Professionals are listed on the CSL list, and many are State Nominated too. To get a fast visa, you need to have one of the specialisations on the Demand List, such as abilities in Java, J2EE, .NET technologies or knowledge of Unix or Linux.

    · Accountants are listed on the CSL list, and on the WA State Nominations list. If you are advising a friend to apply for a nomination, they will need a very good command of English language in the four areas of reading, writing, speaking and understanding. It will also help if they have completed a professional year in WA doing the Skilled Migration Internship Program Accounting (SMIPA). This gives recent accountancy graduates a year of supervised practice.

    What about people with trade skills?

    Someone from the UK, Canada, or another country with trade-skills training similar to Australia, should have no difficulty getting WA State Nomination. Trade-skill training here is usually by workplace apprenticeship and formal college training - both. The only trade skill on the Critical Skills List (CSL) is 'Wall and Floor Tiler'.

    There is a Department of Immigration and Citizenship tightening of regulations for Employer Nominated visas for trade skilled people, as many Australians have been laid off. TAFE training for apprentices is being promoted. Companies will need to show that migrants are of 'benefit to Australia' by promoting our exports, improving the skills of the existing workforce, expanding local business and thereby assisting in the employment of more West Australians.



    A faster Visa Grant

    How to get a General Skilled Migration (GSM) permanent visa - quickly

    August 2009

    The General Skilled Independent Migration Visas, Subclass 175, used to be the best option for migration to Australia. You are tied to no employer, to no particular job once you arrive in Australia, and to no particular State or area of the country for settlement. These visas give freedom and a wonderful opportunity to begin a new life.

    From the Australian point of view, and from the viewpoint of gaining a fast visa, this is a drawback. Because nobody is waiting for you, there is no one to pressure government authorities in Australia for your arrival. No family will write to their Federal Member of Parliament to lobby for your visa grant, and no employer will hassle the local Immigration Department about the long wait for their new person. What's more, you may take a job that could be offered to someone out of work in Australia. With mines closing down and heavy industry laying off skilled workers, we now have qualified people without a job. Australia is better off than many nations, but our unions defend the rights of Australian workers first, and local students and apprentices need a first job when they qualify.

    In March 2009, this announcement was published by the Australian Government:

    ++++++++++

    Q1 What changes have been announced for the Skilled Migration program?

    The changes announced to the skilled migration program by the Minister for Immigration and Citizenship are:

    * The Government has decided to reduce the skilled migration program from 133,000 to 115,000. The progressive imposition of caps on certain visa categories may be necessary to ensure the Government's objective is achieved.

    * Removal of construction and manufacturing trades from the CSL.

    Q5 Why is the Government making it harder for skilled migrants to move to Australia?

    These changes will enable a balance between providing the skills Australian employers need and ensuring the maximum opportunities for Australian citizens and permanent residents in a tightening employment market.

    (Australian Government, Department of Immigration and Citizenship 2008-09 Migration Program changes – March 2009, Frequently Asked Questions)

    ++++++++++

    As a result of the above, the current order of GSM applications, as published by DIAC, is as follows:

    1. Applicants for state or territory Government sponsored visas (i.e. Skilled State Sponsored subclass 176 and Skilled Regional State Sponsored 475 visa applications);
    2. Applicants with occupations on the Critical Skills List (CSL);
    3. Applicants with occupations on the Migration Occupations in Demand List (MODL);
    4. All other valid visa applications.

    *******************

    The fastest: as a result of the above, we have found that applicants with occupations on the Critical Skills List (CSL) go through faster than State Nominations, particularly if the primary applicant is already on a working visa in Australia (maybe a Subclass 457, or a 417 Working Holiday Visa) and has a firm offer of employment. This is for a Subclass 175 visa with no State Nomination. It is worth noting that 90% of occupations listed on the CSL are also nominated by at least one State, so you can do both.

    Next fastest are the State Nominated Visas. These applications are slowed down because State Nominations take 10 to 12 weeks to process, depending on the State. Each State has a list of permanent Subclass 176 visa nominations. If your occupation is not listed, you can still apply for an "Off List" nomination if you have good backup in the State: for example, you have a job offer and family and friends live near by. The Nomination Lists for the States are frequently updated to take account of local demand, and each State has different requirements. You need to keep watch.

    Applicants with occupations on the Migration Occupations in Demand List (MODL) come next. The MODL list is not the same as the CSL list. The MODL list gives 15 extra points if you qualify on the list and 5 extra points if there is also an employer ready to take you on when you arrive. The CSL list does nothing but speed up the application. Check the requirements for the employer on the MODL before assuming the 5 points will be available.

    The slow 'others'. As an example, in August 2009, translators are very slow. At a migration conference recently it was said some of 'the others' might take as long as three years. Migration Agents continue to be assured that all valid applications are being processed, and none will be culled because of the recent changes.

    Getting a fast visa means spending time on the Australian websites, checking the lists to see where you can gain best advantage. Before you send off your application, check again. These lists, particularly the State Nominations, change several times a year.

    *******************

    How to apply online for your GSM Visa - some tips.

    Online applications are preferred by DIAC. They are processed faster and there is less chance of your documents being lost. But you need to be prepared. Here are some simple tips.

    1) Plan to have at least two hours free and quiet for the application process. You can always return to a partly finished application, but it definitely needs concentration and care.

    2) Put all your documents for attachment in a separate file on your computer. Have them already scanned in, using Adobe pdf formatting. The rule is to scan originals in colour, but you can use black and white for documents that carry certification as true copies of the original. The black and white ones are better, as they are smaller files. Photographs must be in colour.

    3) Make sure you have done your skills assessment, and you have all your essential documents ready. Check the lists carefully.

    4) Start the online application by looking at the options on General skilled Migration Visa Options.

    5) Check to make sure you have selected the right visa for you. There are nine of these, listed on e-visa General Skilled Migration. The directions are not easy to follow. It takes time to wander through the lists and pages, and warnings about system outages.

    6) Follow the various pages and information to "Start your application". This is the direction for the GSM Visa, Skilled Independent Offshore Subclass 175: GSMA

    7) "Terms and Conditions Acceptance." You have found the right page. Go!

    8) Fill out each section carefully and press Save at the end. Write down your password immediately or print out the page. After this, if your phone rings or you get logged out for some reason, you will be able to re-enter and carry on. Saving as you go is essential.

    9) If you have a problem, look up on the little "HELP" flag on the right. Everyone has trouble with the 'Number of your Current Visa'.

    10) When you get to the end, print out and check carefully. You can go back to correct at this stage. Once you have applied for the visa, you cannot re-enter the application pages.

    11) Then enter your Credit Card and pay. You have applied.

    After you apply for your visa.

    1) Do not leave the screen. Immediately print out the Receipt, a copy of the application, your medical forms, and any other form supplied. Make sure you have your TRN. Keep them separately in a marked folder.

    2) Next find "Attach documents - recommended". Follow the prompt and attach the documents you have ready. You will be able to re-enter the attachment screen later, providing you have kept the password. Indeed, if your Police Clearances arrive in the following weeks, you can still return to the "Attach documents" page.

    3) The Attach documents page does not have a print-out facility. Keep a list of what you attach and add to the marked folder.

    4) In the future, your Case officer will contact you using the TRN number. That marked folder is very important.

    5) Take your medical forms, issued by the site, and book your medical examination at a 'panel' doctor.

    6) You are on the way to becoming a new migrant to Australia!



    Partner Visas: ‘Interdependency’, Same-Sex Partners and de facto Relationships

    August 2009

    Although Australia does not perform a Marriage Ceremony for partners of the same sex, this country does recognise the relationship as genuine. Before July 2009, same-sex partners had to apply for a Provisional 'Interdependent' Visa, Subclass 310 if applying overseas or 826 if applying while living in Australia. The permanent visas in this class had a similar separation.

    However, interdependency visas are finished. Now everyone in a relationship and not legally married is classed as 'de facto'. They all apply for the Provisional de facto Partner Visa Subclass 309 if overseas, or the Subclass 820 in Australia, and all go forward to apply for their permanent visas as de facto partners – including those who applied before July 2009 under the old Interdependent system.

    Applicants are expected to prove that they have a genuine and continuing relationship with their partner, and it has lasted at least 12 months before visa application. There are many other issues and documents of evidence to provide, and the usual forms, but it now no longer matters what sex you are.



    Sponsoring Family Members to Australia

    May 2008

    It is not difficult to bring your family to Australia. There are many visas where you can sponsor. Some are for short periods, some for migration. These used to be called 'Family Reunion' visas. In most cases your family must be closely related as brothers, sisters, children, a nephew or niece, or a husband or wife. For parents there may be a delay in visa grant due to the high demand. Adopted children or step-relatives can usually be counted as close family, and cousins can be considered for a skilled visa if you live in a country area of Australia.

    To bring in your family for migration, you must already be a permanent resident or a citizen of Australia. It is also possible to have your family join you on a temporary working visa, if your employer will sponsor them too.

    There are five main types of visa for you to sponsor family:

    1. Sponsored Family Visitors Visa, for 12 months maximum only, no work allowed. Sponsored Visitors visas are for relatives from countries where war or economic difficulty may tempt them to stay beyond the grant of an ordinary tourist visa. In these countries the usual ETA Tourist visa is not available.
    2. Last Remaining Family member. A permanent working visa for single people or a family. Your family members overseas must have no close family left in any country outside Australia. This applies to both the husband and the wife, if a married couple are being sponsored.
    3. Parent Visas. You can sponsor your parents to live and work in Australia permanently. This is a slow and expensive visa. The majority of their children must already be here - this is called 'Balance of Family'.
    4. General Skilled Migration Visas. Family in Australia can assist the migration of their overseas family for this visa, but the primary applicant will still need skills and qualifications in an approved occupation. This is the most complex of the family sponsored group.
    5. Partner Visas, for a husband, a wife (or the de facto relationship of these), a fiancé, or for a partner of the same sex. These are large applications.
    If you are planning for family to come to Australia, it is best to start early. Contact a Registered Migration Agent or look on the Immigration Department's website to make sure there have been no changes since we wrote this article. For a celebration like a wedding, you need to start on a Sponsored Family Visitors visa six months in advance. For permanent visas, where there is more paperwork, 12 months is more realistic. As we know, the Australian immigration department takes time to process. But whatever the waiting period, each day brings the family closer.


    What's new with Migration to Australia?
    The short answer is 'a great deal'

    November 2007


    English language requirements

    As it says in the new values statement:

    "The English language, as the national language, is an important unifying element of Australian society."

    Source: Values statement for permanent and provisional visa applicants

    It is hard to get a job here without a reasonable command of English. People working with machinery and in places where hygiene is important pose a workplace safety hazard if they can't understand warning notices and instructions. There are many small businesses where meat preparation or potentially dangerous construction equipment is handled in Midland, in Kalamunda, and indeed in every restaurant that employs a French chef to make us delicious Beouf a la Mundaring Hills.

    There is a tightening up of English language requirements on the Temporary Employer Sponsored Subclass 457. This is the 'Work Permit Visa' that allows many Filipino, South African, Chinese and Malaysian workers to come to Australia to fill the gaps we have in our local trade skilled workforce. The need for these people is large, but it is good to see English to Functional level (still pretty basic) as a requirement since 1st July 2007.

    Meanwhile, English language ability of high Proficiency Level is rewarded in the permanent visa applications for the General Skilled Migration (GSM) visas. Extra points are awarded to make 25 on the points test instead of 20, and the Competent Level of English previously worth 20 points has dropped to 15.

    Values in Australia - sign the form!

    There has been much in the press about the new Citizenship test. Less well known is the values statement that is included in the forms for permanent and provisional visas. A 'provisional' is between a temporary and permanent visa, and has some of the advantages of both. For example, a Spouse/Interdependent/de facto Visa is provisional until the couple have been together for two years, when they can apply for a permanent visa.

    Now, when a visa applicant signs the form, they automatically agree to abide by Australian values. No agreement, no visa.

    Vocational Education and Training Assessment Services (VETASSESS)

    VETASSESS is Australia's leading vocational education and training (VET) assessment provider. Established in 1997, the service now covers overseas qualifications for migration:

    • General professional-management, administrative, professional or associate professional level qualifications.
    • Chinese qualification verification.
    • Trades - selected trades. A new service started in September 2007

    Previously all trade skills have been assessed by Trades Recognition Australia (TRA). The competency demonstrations run by VETASSESS are new, brought in because of the high number of dodgy paper applications. VETASSESS is sending officers to the countries listed below, and people will be required to demonstrate that they can lay bricks, or read electrical diagrams - whatever their trade skill.

    This new assessment method is available in: India, Sri Lanka, South Africa, Philippines and the United Kingdom. The applicant must be resident in one of those countries.

    These are the trades available for VETASSESS Testing

    General Electrician ASCO Code 4311-11
    General Plumber ASCO Code 4431-11
    Refrigeration and Air-conditioning Mechanic ASCO Code 4312-11
    Motor Mechanic ASCO Code 4211-11
    Carpenter ASCO Code 4411-13
    Joiner ASCO Code 4411-15
    Electrical Powerline Tradesperson ASCO Code 4313-11
    Cable Joiner ASCO Code 4313-13
    Bricklayer ASCO Code 4414-11

    The Assessment process

    • Self-assessment. The tradesperson checks through the job description, duties and tools of the occupation, and decides if it fits their skill.
    • Competency profile assessment: send in your Application for Trade Skills Assessment. This is a form, with supporting documents.
    • Practical skills assessment test, conducted in the countries listed above.

    VETASSESS will be more expensive than the old TRA system, but we hope the standard of trade skills among new migrants will be much improved.



    A Community's Expectations of Immigration

    December 2006

    Senator Amanda Vanstone, Minister for Immigration and Multicultural Affairs, received the 2005-06 Annual Report from the Immigration Department, DIMA, on 18th October. It makes interesting reading for hills residents: those with farms, factories and families in the foothills of Perth.

    3.5 million visitors came to Australia this year.

    Visitors are not allowed to work but they can undertake short-term study -- say a short English course. There is also a family sponsored visa to allow an aunt or other family to stay for up to one year with the family -- this is wonderful for older people to help look after a new baby, or really catch up after long separation.

    143,000 migrants, including almost 100,000 skilled migrants

    Skilled migrants have to be assessed here in Australia to be sure their professional standards are comparable to ours. For trade skilled people, it is possible to prove they have the required skill WITHOUT a college certificate. This is also possible (but not easy) for the IT skills. Everyone else must have a Diploma, Degree, Certificate -- and the assessing authorities ask for the paperwork for qualifications. I have known an authority ask to see a list of exactly what students studied in 1001 Accounting as they had not heard of the University before, and did not know the standards.

    Skills assessment is fierce. Those granted a skilled migration visa are bright and successful people. They are moving into our hospitals, engineering offices, dental surgeries, garden centres, electrical and plumbing firms, and starting their own businesses in the Swan, Mundaring and Kalamunda districts.

    This figure includes the family visas -- partner, parents, child, carer, last remaining relative visa.

    103,350 people became new citizens

    There has been a lot in the press about citizenship recently, and should we be asking for tests on our Constitution before we hand over the prize of an Australian passport? At the moment applications for citizenship depend on firstly holding a permanent resident visa. In addition, you must have been living in this country on your PR visa for at least two years out of the last five years, AND a total of 12 months in the last two years. You must be able to speak basic English, be of good character and understand the responsibilities and privileges of citizenship. It's under current review, and may go up to a requirement of three years residence here before application.

    It's worthwhile, if you have the chance, to attend a citizenship ceremony in Mundaring.

    My family and I became citizens in 1985, with two toddlers (both Australian born since arrival) and a teenager. One of the days of my life. I’m sure every Shire and City makes the day memorable for its new Australians. Mundaring was really special…

    114,000 Working Holiday Maker Visas

    Young people, working on farms, picking strawberries, working in shops and hotels. They can now work for six months at each place, and get an extension for another year if they do one of the six month shifts in a 'primary industry'. A primary industry is farming, fishing and forestry, and primary food production, like cheese-making.

    A new visa has recently been introduced "to allow cultural exchange and promote understanding between countries" for Iran, Chile and Thailand. The Work and Holiday Visa, Subclass 462 is a capped visa, allowing only a limited quota of 100 per year. Unlike the Working Holiday Maker Visa applicants must hold a tertiary qualification and get permission from their government. In Iran, it is the Iranian Ministry of Labour. Interesting how proactive we can be, even in our rural homes and villages, to help promote global understanding by offering a young Iranian, Thai or a Chilean national a temporary job.

    191,000 Student Visas

    Many student visas granted this year, and many of these students are educated in WA.

    China is the country of largest intake. When they graduate, providing they get good marks and have a skill we need in this country, they can gain a permanent visa to remain.

    14,000 Humanitarian Entrants

    A hotly debated figure -- should we have more?

    The figure for immigration and temporary visa entrants climbs every year. The Minister concludes by saying there is still much to do to meet the community's expectations. What are they? If you have an idea about our expectations, you can write to me or email using the form on this website. As a Migration Agent, I can put forward suggestions to the Minister.




    Australia - becoming a trade skilled nation

    December 2004


    "A looming shortage of trade skills threatens to impede resource development and industrial growth in Western Australia" - Chamber of Commerce and Industry, WA, April 2004.

    Industrial and agricultural areas in and around Perth have traditionally been the home of new migrants from Europe. Many from Italy and Yugoslavia (as it was then) came over to find a better place to bring up children, more available land, more space to build a factory or start a business, less political turmoil and conflict, and a brighter economic future. Other Europeans also came here, particularly from Poland - but German emigrants mostly went to the Eastern States. Migrants came by ship from the Adriatic and Mediterranean ports to settle in the Swan valley and to work in the Midland railway workshops. Many were refugees from the wars. Some were sponsored by family already here.

    The traditional trades have become less and less popular among young Australians. Indeed, many want to go to University, or to have an office job, or work in computers. We've got qualification inflation, with some people having two PhDs! If they already have a degree in a humanities subject, they enrol in a science degree for something to 'keep their minds alert'. Immigration of trade-skilled workers has slowed. Internet contact from our clients in the UK indicates that there is also an acute shortage of many trades there too, and in Europe.


    ************

    As a result of the local trade shortages, the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) is opening the doors to encourage more skilled workers. The following skills were added to the Migration Occupations in Demand List (MODL) on 8th September, 2004. By highlighting these occupations as in demand, it is easier to gain a visa.

    Automotive Electrician


    ASCO Code 4212-11

    Fitter


    ASCO Code 4112-11

    Metal Fabricator (Boiler Maker)


    ASCO Code 4122-11

    Metal Machinist (First Class)


    ASCO Code 4112-13

    Sheet Metal worker (First Class)


    ASCO Code 4124-11

    Toolmaker


    ASCO Code 4113-11

    Panel Beater


    ASCO Code 4213-11

    Welder (First Class)


    ASCO Code 4122-15

    Vehicle Painter


    ASCO Code 4214-11

    Furniture Upholsterer


    ASCO Code 4942-11

    Pastry Cook


    ASCO Code 4512-13

    Motor Mechanic


    ASCO Code 4211-11

    The trade skills listed here are only those listed on the MODL. There are many other trades where a visa is also available.

    Permanent visas for trade skilled people

    There are two main ways to come to Australia as a trade-skilled worker.

    1) The Skilled Migration Program. These are permanent visas for people who are coming here independently, or with family sponsorship.

    2) The Employer Sponsored Migration Program. These visas are initiated by employers, who contact their local Business Centre in DIMIA. There are several employer sponsored visas. It is easier to apply as an employer if you live in a 'Regional area' (outside Perth metro district). Employers are expected to show proof of their efforts to recruit locally, and to train young Australians. However with any of the skills listed above, where there is "a significant shortfall of skilled trades people" according to the CCI, overseas recruitment is being encouraged. Once an employer has been approved for recruitment of overseas workers for a particular trade by DIMIA, the newly appointed employees can apply for their visas, which include all family members. From the visa applicants' point of view, these visas are much faster and easier to get than the Skilled Migration visas.

    Skills Assessment

    Trade skilled applicants must have their skills assessed in Australia by Trades Recognition Australia (TRA) if they are applying for one of the Skilled Migration Program visas, and usually require skills assessment for Employer Sponsored visas. Applicants must be able to prove that they are working to Australian standards in safety, competence, experience and ability to read trade diagrams and designs. Training is checked to see that they have qualifications or an apprenticeship, or at least six years on-the-job training (seven years for the electrical trades). Apprenticeships are highly regarded, as are college diplomas. If an applicant only has work experience, extensive proofs are required to show that he or she is working to Australian standards. In addition to training, workers must have work experience after their training is complete.

    As it was widely acknowledged by all political parties at the 'Economic Benefits of Immigration' Seminar of March 2001, we need to make sure we attract young, skilled migrants to help us build our economic future in Western Australia.


    Assurance of Support

    October 2004

    On 1st July, 2004 the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) ceased to handle Assurance of Support matters for sponsored visas.

    DIMIA now only states which visas need an Assurance, and then passes the interviewing and assessment to Centrelink, the Australian Social Security department.

    The methodology between the two departments is different, Centrelink staff are new to the role, and there is some confusion, as is natural. But in the long run, the new system will be an improvement.

    What is an Assurance, and who needs one?

    An ‘Assurance’ is a financial guarantee by an Australian citizen or a permanent resident of Australia, or an eligible New Zealand citizen. The Assurance is given by an ‘Assurer’ and the person who is assured is called an ‘Assuree’. Basically, an Assurer is someone who is resident in Australia and who guarantees to repay money paid out by Centrelink to support migrants newly arrived in this country. They give an Assurance of Support.

    An Assurance is a guarantee of financial backing
    that must be paid to Centrelink if welfare support
    is paid to a new migrant.

    Migrants entering Australia are not normally able to claim welfare in the first two years of their residence in Australia. People get into financial trouble because they find it harder to get employment than they had thought, or they get sick with the change of climate, or it is simply more expensive here than they had budgeted for -- any of these things and many others can cause financial problems. The Assurance system is a backup to allow Centrelink to provide basic financial support to needy migrants.

    The Australian Immigration Department (DIMIA) awards extra points on Skilled Migration Visas to people who have family sponsors and Assurers in Australia. Statistics show that migrants settle into Australia much faster if they have family here to provide accommodation and emotional support, as well as an Assurance. Visas where extra points are awarded have what is called a ‘Mandatory’ or ‘Bonded’ Assurance. Other visas, where the DIMIA case officer is concerned about the financial situation of the migrant, these have a ‘Discretionary’ or ‘Unbonded’ Assurance, because they are at the discretion of the case officer. In fact, DIMIA has the discretion to ask for a Discretionary Assurance on any visa.

    Mandatory Assurance of Support

    A Mandatory Assurance is required for Skilled Migration visas, and for some other visas, particularly Parent visas.

    1. The sponsor can also provide the Assurance, but need not do so. An Assurer can be anyone or an organisation, who agrees to provide this service for migrants.
    2. The required Mandatory Assurance baseline income for an Assurer is AUD$32,485 per year (as of July 2004). Assurers must be in full-time employment, or self-employed.
    3. Assurers must be able to prove that they have this income by producing an Australian Tax Office ‘Notice of Assessment’ for the two years before offering the Assurance, and current payslips from the last 3 months to show that they are still employed, and their income remains above the required level. For this reason Assurers should have been normally resident in Australia for two years before the Assurance proofs are required. Time out of the country on long-service leave is okay, but newly arrived migrants who have not been resident in Australia for two years, and who are not fully settled themselves, will not be approved. If you are still on an Assurance cover yourself, you should wait until this is finished before offering to Assure another new migrant.
    4. If one Assurer cannot meet the income requirement of AUD$32,485 per annum, he or she may join with a second or even a third Assurer.

    For example: if Jane earns only AUD$24,000 per year and wishes to give an Assurance for her brother, she could join together with her friend Alice who earns AUD$28,000. This would give a joint income figure of AUD$52,000 which is more than sufficient. If the migrant requires financial assistance from Centrelink, both Jane and Alice are equally responsible for the Centrelink outlay.

    Family circumstances in the Migrant family, and in the Assuring family

    1. The income requirement for the Assurer is dependent on the number of additional adults and children in the migrant family. An income of AUD$32,485 covers one migrant adult. (An Assurer cannot cover more than two migrant adults in total.)
    • For each additional adult migrating, add $2,500.
    • For each additional child migrating, add $1,250.

    For example:

    Ross, who has a wife but no children, is giving an Assurance for his sister Betty, her husband and one child. He will require an income of at least $36,235.00 pa.

    In addition, if the Assurer has more than one dependent in their own family, (the first child and a dependent wife or partner is included in the $32,485) their income requirement increases by $1,250 per child and $2,500 per adult.

    For example:

    Potential Assurers Janet and Tom Smithers have a new baby, so Janet is not working at the moment. They also have two other children, one at play school and one in primary education.

    The Australian Smithers family would like to sponsor and give an Assurance for Tom’s brother Steve, who is bringing three children, but whose partner recently died.

    With an income of only $37,000 per year, Tom cannot meet the required income of $38.735.00. He decides to ask his other sister Amanda if she can assist in providing a joint Assurance.

    In practice, if the Assurer looks to have close to or slightly under the income requirement, it is best to ask for guidance from Centrelink. The calculations are complex. Centrelink can be called on 132850 in Australia or +61 3 6222 3455 from overseas.

    1. Mandatory Assurances require a bond -- Discretionary Assurances do not.
    2. The bond for Skilled Migration visas is AUD$3,500 for the primary applicant and $1500 in addition for each other adult in the migrant family. Thus a couple will require a bond deposit of $5000. This is made to the Commonwealth Bank of Australia when instructed.

    Discretionary Assurance of Support

    A Discretionary Assurance is requested by DIMIA case officers, usually on Family Migration Visa where the sponsoring partner is on a Pension in Australia, or if the sponsor is a student. There is no bond required.

    If the Assurer is a single adult, with no dependents, he or she may have the Lower-Income (HCC) of $17,628.00 per year, or $339 per week. The Assurer will have to show income above this level for the last 2 years evidenced by a ‘Notice of Assessment’ by the Tax office. In addition, they must show 3 payslips from the last 3 months to prove that they are still employed, and their income is above the limit of

    $339 per week.

    If the Assurer is a person with a partner, or has any dependent children, then they will require the Higher-Income (FTB) of $32,485.00.

    In a Discretionary Assurance (only) Centrelink will consider the Assurer’s assets -- for example investments. This is if the Assurer has insufficient income. Certificates and proof of assets should be submitted to Centrelink with the other documents of proof of income.

    Who can be an Assurer?

    If the sponsor is not willing, or cannot provide an Assurance, friends or more distant family can do it instead. Or, a corporation or an unincorporated community group can do it. For example, a cricket association might help a migrant family come to Australia if one of the family were brilliant at cricket. Local governments may act as Assurers and so may State or Territory governments.

    Corporate or Unincorporated Assurers

    Corporations

    If a corporation wishes to take on an Assurance, it must be correctly registered according to Australian law, and must provide its ABN number. The corporation must have an income in excess of the Higher-Income amount of $32,485.00, which must be proved by ATO tax returns for the last 2 years, also by statements and financial records provided by their Accountants.

    Corporations must provide proof of the Higher-Income amount for both Discretionary and Mandatory Assurances, and assets and investments cannot be taken into account.

    Unincorporated Assurers

    An unincorporated body must prove that it is based in Australia by provision of an address, Australian tax returns, bank accounts etc.

    A member of an unincorporated body may act on behalf of the body, if it iswithin the rules of association to do this (Centrelink may ask to see the rules) and if other members have given this person the authority to do so. If a debt occurs, all members will be liable for repayment and the body’s funds will be used to repay the debt. Or, the signatories of the Assurance of Support will be liable for the debt.

    Unincorporated bodies must provide proof of the Higher-Income amount for both Discretionary and Mandatory Assurances, and assets and investments cannot be taken into account.

    State and Territory governments and Local governments who wish to give an Assurance will not be means tested.

    *********

    Visa Processing

    At present sponsors are to be named at the time of visa application. When DIMIA is ready they will advise the sponsor that an Assurance of Support is required, "before the visa can be finalised" and that an Assurance of Support will need to be lodged. This means that an Assurer should be named by the sponsor who is not taking on the duty, and the Assurer will need to make an appointment with Centrelink for an interview and, if approved, they must lodge the bond. Then the visa can be granted.

    Assurers must be over 18 years of age, and they must not be claiming any Centrelink benefits themselves, except child allowance.

    Warning. It is to be noted that Assurers who give a bond -- the Mandatory Assurance -- are not limited in financial responsibility to the amount of the bond. So that if a migrant couple claimed Newstart Allowance, for example, and this went on for some months, the responsibility of the Assurer to Centrelink could be many thousand of dollars. Centrelink deducts the bond amount first from the debt, and then claims back from the Assurer amounts in excess of the bond. This also applies to the Discretionary Assurance of Support. But Centrelink does contact the Assurer before paying out financial assistance to a migrant to see if the Assurer can offer direct support -- for example accommodation, or help with finding a job.

    Information for Assurer interviews

    Look on the Centrelink website at www.facs.gov.au/guide/ssguide for Form SU594.0405. If DIMIA has not already sent you this form, print it out, fill it in, and take with you to the interview. You must sign at Centrelink in front of their officer.

    Documents to take with you:

    1. Documents of identity -- these must add up to 100 points. You should take your passport, your driving license, Medicare card, utility bills in your name, bank statements. Whatever is available, but a passport plus a couple of the other items.
    2. Evidence of your ongoing employment -- current payslips, letter from your accountant, profit and loss statement, etc.
    3. Proof of Australian citizenship or permanent residence -- passport, Australian citizenship certificate, Australian passport.
    4. Also take with you any communication from DIMIA about the Assurance -- your letter of instruction from DIMIA or Centrelink.

    Centrelink can be called on 132850 in Australia or +61 3 6222 3455 from overseas for information. If you need an interpreter, call 131202. To arrange an appointment, call 13 1021.




    Bringing a partner in from overseas - Dedicated to St Valentine

    Feb 2004

    Australians are producing only a meagre 1.7 children per couple. That is well below the 2.1 replacement level. It means that our population of home-grown Australians is declining. In view of this, it’s a good thing we are such attractive people, able to bring into our country 36,076 brides, grooms or partners for Australians every year.

    With St Valentine’s Day just passed for 2004, we are reminded of the second largest migration intake -- the Australian Family Stream. (The Skilled Migration Stream visas top the list.) In 2002 -- 2003, Family Stream visas were 37% of a total migrant intake of 108,072 in all categories, which is 40,794 people joining family in Australia.*

    Within the Family Stream are the Partner visas: these are Fiancé Visas, Spouse Visas, de facto Spouse Visas and the Interdependent Partner Visa, which is usually taken to mean a couple in a same-sex family relationship. Other categories also in the Family Stream are Parent Visas, Child Visas and visas with smaller numbers, like the Carers Visa. These Family Program Visas all depend on the overseas migrant having an Australian partner or family member to sponsor them.

    The largest numbers of visas granted in the Partner Stream were the Spouse Visas, which includes the de facto Spouse relationship applications. There were 29,138 granted in the 2002-2003 period. In my business we process about half our partner visa applicants in de facto relationship, and the others have a Marriage Certificate. However, there is a difference between a casual boyfriend/girlfriend relationship and what the Immigration Department (DIMIA) regards as legally ‘de facto’. It isn’t good enough to be dating or sleeping together. DIMIA looks for commitment proofs, and they must have been in existence at least 12 months. Commitment is shown by such things as living together and sharing the expenses, writing Wills in each other’s favour, and sharing the housework and the mortgage payments. These are the modern tests of a committed relationship -- I’m sure our ancestors would have been rocked on their heels. Of course if a couple has been together for some years (5) or has children, there is no problem. But many young couples have difficulty proving the 12 months de facto, particularly if one partner is a Student or on a Tourist Visa and had to return home early.

    Getting married is still a respected way of showing commitment in a relationship. If a couple is married the 12 months is not required, although some history of the engagement and wedding photographs will be asked for. That’s so people don’t come here and marry a likely partner as in the American comedy film ‘Green Card’.

    So far, Australia doesn’t recognise same-sex marriage. We may well follow the US debate for future years. If a same-sex couple wish to apply for a visa, they have to go through the same proofs of domestic relationship as a de facto couple. There were 584 Interdependency Visas granted in the last year. Lastly, there are the Fiancé Visas, with a total grant last year of 5354 - a large number. A Fiancé Visa is granted overseas only, to someone who intends to get married to an Australian on arrival in this country. If the couple does not marry, the visa will be cancelled. Bringing in a bride or a new husband from overseas has always been part of our heritage.

    As one item in support of a relationship, particularly de facto or Interdependency, we ask for a Scrap Book. Couples can stick in tickets, cards, photos, love letters, wedding invitations and all the other bits and pieces that gather around a close relationship. If a self-addressed envelope is included, DIMIA will return the Scrap Book which can become a lifetime memento of love.

    Statistics from http://www.immi.gov.au Information and figures correct at 18.02.04

    Written by Mary Heath, Registered Migration Agent 0005790.



    Skilled migration and retirement visas

    Dec 2003

    Illegal immigration and detention centres are often in the news, but the ordinary regulated movement of legal entry into Australia also reflects government policy, and affects the lives of many more people than ever gain illegal entry.

    Visa regulations are changed three times a year, in July, November and March. In July we see the price changes. This year a permanent visa in the Skilled Migration Program will rise from $1745 to $1795. The reason for the high cost is that Australia really does check thoroughly to make sure that successful permanent visa applicants have a skill required here -- not more farmers, for example, or more people able to do desk-top publishing -- and that everyone has educational training, apprenticeship training, or in a very few cases "recognised prior learning." This on-the-job training requires 6 years work experience before you can be considered fully trained.

    Other areas of assessment are character and health. People with a criminal record undergo considerable investigation. This is not for terrorists, but those who have a record of "grievous bodily harm" or perhaps theft or drug trafficking -- the best-loved crimes! Anyone who has served time in prison, especially a sentence of more than 12 months, may be refused a visa.

    People coming to Australia need good health. Sometimes a family applies with a child who has cerebral palsy, or maybe a severe heart defect. The Immigration Department looks at how this child will manage in future years, when their parents have died. Will this person become a burden on tax-payers? If the child is coming with extended family, or there are many aunts and cousins here to help in the future, then the visa may be granted, but otherwise not.

    Retirement Visas, a temporary 4 year visa, changed on 1st March 2003 to allow retirees to work part-time. Before this, they couldn't legally work here. As this visa is available for anyone over 55 years of age, the work allowance is reasonable for a population where good health is now expected to last into the 70s or even 80s. And why not? As health improves and older people stay active, they need to have a larger income and an interesting occupation. Running a business from home or a small agricultural enterprise would be ideal for many people.

    Retirement Visas are a temporary 4 year visa, designed to cater for those who want to live in a warm climate, perhaps near family. A Retirement Visa can be extended, as long as private medical insurance is kept up and the retiree maintains an adequate income from pensions or invested funds. Applicants for these visas do not need family sponsorship because they are looking after 11:29 06/12/2003 themselves financially and medically, but if there is a son or daughter living here permanently the retirees can come with a lower financial base. There is no restriction or discrimination concerning country of origin (there almost never is). They can come if they are healthy, wealthy and wise!

    Aged Parent Migration Visas are the other option for the over-pension aged. But Parent Visas have a long waiting time. A new Contributory Parent Scheme (brought in with the 1st March changes) essentially allows parents to come much faster if they first pay for health and retirement services to cover their declining years. A Parent Visa must be sponsored by a child who already lives in Australia and holds permanent residency, or has become an Australian citizen.

    By Mary Heath, Reg. Migration Agent No. 0005790




    Graduating overseas students in Australia...
    Do you want to settle here?


    Oct 2003

    IF YOU LIKE the idea of staying and working in Australia, and later even becoming a citizen, you need to do something about this before your Student Visa expires. And you need to get all the steps right.

    You can apply for a permanent visa without leaving Australia. In past years, students had to leave Australia, find work in another country, gain at least 12 months experience, and then apply to come back into Australia (if that's what they wanted to do).

    The government relaxed the work-experience rule for students because the country was losing some ideal immigrants: young people, English speakers, trained in Australia to our standards, often with skills in high demand.

    115 points and you can stay here

    The Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) will give you 'immigration points' for many professional and trade qualifications, good English, for simply being young, and a variety of other things. With 115 points you can stay and work in Australia permanently.

    For example, if you graduate in 2003 and qualify as an accountant, dentist, engineer, clinical psychologist or veterinarian, that gains you 60 points. There are 221 other professions or trades that also gain 60 points. Other skills on the DIMIA skills list get 40 or 50 points.

    If you're under 30, you get 30 visa points. For an excellent command of English -- which you'd probably have after an Australian education -- you get 20 points.

    See how this is adding up? That's already 110 points: 60 + 30 + 20.

    And if you're in a high-demand field like nursing, pharmacy, radiation therapy, some computing areas, and certain other fields, you get 10 points more.

    Warning: the points given for the different trades and professions change from time to time. Sometimes they change suddenly. So you need to check. See the next section.

    If you have a sponsor who's a close relative, add 15 points.

    Here are more details

    The official name of the visa for graduating students that I'm talking about here is an "Onshore Skilled" visa. That precise visa name is important if you want to look up the current points for your skills or other rules by checking through DIMIA's massive and detailed website at www.immi.gov.au.

    Points for your skills

    I'd better warn that you don't always get points for a trade or professional qualification. For example, someone with a diploma in photography from TAFE will get no points at all. (We aren't short of photographers, it seems.)

    Age

    I mentioned that you get 30 visa points if you're under 30. The rest of the points for age go like this:

         30 to 34   25 points
    35 to 39 20 points
    40 to 44 15 points

    If you're over 45, you can't apply for any skilled migration visa. But there are other visas you may be able to apply for. Ask me about it.

    English

    To get into most Australian universities, you need competent English. That means at least 6.0 on the International English Language Testing System (IELTS).

    You know another language

    If you have a degree from a university in another country and the degree work was done in any language except English, that may earn you more points. It depends on the language. Here are the languages that qualify....

    Afrikaans
    Albanian
    Arabic/Lebanese
    Armenian
    Bangla (Bengali)
    Bosnian
    Bulgarian
    Burmese
    Chinese-Cantonese
    Chinese-Mandarin
    Croatian
    Czech
    Danish
    Dutch
    Estonian
    Fijian
    Filipino (Tagalog)
    Finnish
    French
    German
    Greek
    Hebrew
    Hindi
    Hungarian
    Indonesian
    Italian
    Japanese
    Khmer
    Korean
    Lao
    Latvian
    Lithuanian
    Macedonian
    Malay
    Maltese
    Norwegian
    Persian
    Polish
    Portuguese
    Punjabi
    Romanian
    Russian
    Serbian
    Sinhalese
    Slovak
    Slovene
    Spanish
    Swedish
    Tamil
    Thai
    Turkish
    Ukrainian
    Urdu
    Vietnamese
    Yiddish

    You have a sponsor

    You get another 15 points if you or your spouse has a close relative who's an Australian citizen (or permanent resident) and the relative is willing to sponsor you. You or your spouse must be related to the sponsor as either a child, parent, brother or sister. And the sponsor has to give a legal undertaking to support you during your first two years here: make sure you have accommodation, help you find work, and give financial support too, if you get into debt. Other financial guarantees are needed as well.

    Your spouse or partner has 'spouse points'

    You may get extra points for a partner who's included in your visa application. Your partner needs to meet certain threshold criteria: at least vocational English, enough age points, and a listed skill (which must be independently assessed.)

    That's not all...

    There are other things that will get you points. Some are fairly rare, but if you qualify, the points are automatic.

    Stepping back a bit

    You can see that if you're young, graduating in a 60-point skill, and have good English, then you can probably get a visa -- provided you do everything right when you apply and do it in time. Even if you're graduating in a 50-point skill, you may still be able to find 115 points (especially if you have a sponsor).

    Some graduating students don't know about the Onshore General Skilled visa and most don't know all the rules and variations. I've had emails from students who'd stayed in Australia for years, getting their degree. As soon as they graduated, they went overseas for months to catch up with friends and relatives. Without knowing it, by letting their Student Visa expire they forever lost their chance to apply for the Onshore General Skilled visa. Which means they had to get a job outside Australia and work for at least 12 months (sometimes much longer, depending on their

    particular skill). After that, they had to get in the Australian immigration queue with all the other overseas skilled applicants.

    What to do next

    Get up-to-date information about the visa rules and the points. One way is to use DIMIA's website: www.immi.gov.au

    Make sure you have the right form (47SK) and note all the things you'll need to substantiate.

    And make sure you're applying for the right skill! Skill is a major part of the visa application. There are many degrees and qualifications. Some of them are suitable for migration, some aren't. For example, I've known students who thought they qualified as accountants, but in fact they'd taken a general business degree. The ICAA doesn't accept that degree. Wrong degree! Or they might have taken a course that was too short, or the wrong units. Any number of things could be wrong.

    Fill out the DIMIA form with extreme care and enclose everything they ask for, including their fee (currently $1795). If you make some mistake or forget some item and your application is returned INVALID, you may lose your application fee. You must have the medicals and everything else done, 100%, as set out in precise 'Schedule One' criteria.

    If you have trouble reaching 115 points, or you aren't sure of something, or you just don't want to do all this yourself, you can get help from me. I have the right qualifications and authorisation from the government's Migration Agents Registration Authority (MARA). Also, I have years of experience. I charge a fee, but it could cost more to do it yourself -- in time or money, or both. Phone me to make an appointment, and at the meeting I'll let you know if I can help and how much it's all likely to cost. I provide a contract so you'll know exactly what I will be doing for you and what it will cost.

    I'm putting out this information because I enjoy working with students and have two boys of my own who are university students.

    I give students a discount on my usual professional fees for skilled visas.

    A few words about Registered Migration Agents

    An Australian Migration Agent helps and advises people who want to come to Australia, or who want to remain here. Migration (or immigration) Agents are registered with MARA and qualified in Australian migration law. Although we are government registered, we charge a fee because we are in business.

    In Australia it is illegal, with fines and prison sentences, to practice as a Migration Agent without registration. There is a strict Code of Conduct, and a complaints procedure that operates through MARA.

    USE-BY Date

    Australian migration rules are usually updated every three months. Sometimes rules change more quickly. So don't rely on this information. If you set up a meeting with me, I'll bring you up-to-date with any changes.

    Even if you ask me to act for you, information about visas can be confusing, particularly in the early stages when I am researching your personal circumstances or business skills. Until I issue you with a Contract with Viacorp, which states the visa Subclass I have selected for you, no responsibility is taken for misunderstandings or incorrect information.

    October 2003


    Copyright © 2004-2010 by Viacorp Migration and Viacorp Hello Australia

    Mary Heath
    Registered Immigration Agent 0005790

Copyright © 2010 by Viacorp Hello Australia. Copyright & Disclaimer