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 Note that these articles may go out of date in some details, so don't rely on the information in them.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

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.

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.

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.

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.

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…

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.

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.

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.

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

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.

On 1^st 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.

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:

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

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.

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.

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

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

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