TeeTMI

As of the 1st July there are a number of changes to the Migration Legislation. http://www.comlaw.gov.au/Details/F2014L00726 Several legislation changes have been announced to commence 1st July, most relevant to many will be that skills assessments provided by the authorities will now only have a 3 year validity for DIBP migration purposes. The charge to obtain physical visa evidence within your passport has increased to $150.

Check carefully there are a couple of ways to do this. I see a number of people who have paid a lot of money to go one route and end up obtaining a qualification, sold to them as 'suitable for migration purposes' (which it is but it is not a skills assessment as they had assumed), rather than an actual skills assessment only to then find out they still need to do the skills assessment.

Please note the last line which will please many (I have highlighted it) "No existing occupations are being removed from the SOL". Plus Chefs, bricklayers and wall and floor tilers will be added to the Skilled Occupation List (SOL) In-demand trades added to the Skilled Occupation List Monday, 09 June 2014 Joint media statement with Andrew Robb – Minister for Trade and Investment, and Michaelia Cash – Assistant Minister for Immigration and Border Protection. Chefs, bricklayers and wall and floor tilers will be added to the Skilled Occupation List (SOL) from July 1 to help meet the skills needs of the Australian economy, as announced today by the Minister for Trade and Investment, the Hon. Andrew Robb, and the Assistant Minister for Immigration and Border Protection, Senator the Hon. Michaelia Cash. Minister Robb said the Australian Workforce and Productivity Agency (AWPA) works independently of government to provide annual recommendations on the composition of the SOL to ensure it responds to Australia's changing skill needs. 'The AWPA analyses evidence such as the labour market, education and training, migration and general economic and demographic data to make sure we get the balance right,' Minister Robb said. 'In this case, bricklayers and tilers have been added to the list because of an increase in demand predicted for these occupations as well as a decrease in apprenticeship completions.' Minister Cash said the addition of chefs to the SOL reflects that the occupation is in short supply, coupled with strong growth projected in the café and restaurant sector. 'Including chefs on the SOL will provide greater flexibility for businesses to recruit skilled chefs from overseas when they cannot source these skills locally,' Minister Cash said. 'The addition of these occupations will be especially welcomed in regional areas, where there is a known deficit of skilled workers in the hospitality and construction industries.' The SOL is used for people applying for the independent or family sponsored points tested visa or temporary graduate (subclass 485) work stream. Before prospective migrants can apply for independent skilled migration, they must submit an expression of interest via SkillSelect. No existing occupations are being removed from the SOL, which currently lists 188 occupations that Australia needs.

It would be inappropriate for me to comment further on your personal case as I do not know all the details. But as a general comment: Unfortunately the Health Requirement for the subclass 190 is not waiveable, therefore if after your submission you are considered not meet the health requirement your case officer must refuse the visa and the options thereafter are very limited. It is not clear what visa you are currently holding, you might also look to see if you are eligible under pathways which do allow for a health waiver to be considered. Although even then compelling arguments as to why it should be considered would need to be provided should you fail the health requirement. Best of luck Tee

Hi Tracey Unfortunately we would need a crystal ball as it will depend on DIBPs processing priorities during that timespan. Tee

It has been confirmed by the DIBP that following the budget speech they will be ceasing the following visa types: Non-contributory Parent, Remaining Relative, Carer and Aged Dependant visas If you have one of these in planning you may look at submitting it sooner rather than later at this stage a date to close applications for these visas has not been confirmed, but I would suggest that you expect it to be sooner rather than later. Tee

It may depend upon whether the other stages relating to the sponsor have already been completed and if is just the visa application outstanding. Plus the number of applications that are awaiting processing. It can be a day or so, or can be a couple of months if the other stages have not been completed.

Hi Ktee The details are that a comment was made within the budget that stated "The Family Stream will refocus on meeting the increasing demand for close family reunions. The additional partner and child places will be made available as a result of the cessation of new applications from the other family and parent (non‑contributory) places. This cessation will also enable faster processing of existing applications." This appears to suggest that he non-contributory parent visa places will be removed (obviously we must wait for a full official announcement with the actual details). But if anyone has been considering one of the non-contributory parent visa options you might investigate this quickly as there is . likely to be a rush of applications.

It is almost the end of the financial year... Victoria University have just advised me that their Skills Assessment fees will be increasing as of July 1st. Hopefully the table will copy in below. "The current fee schedule will be applied to all applications received up to and including 30 June 2014. Any applications postmarked 1 July 2014 or later will incur the above fee scheduled." Pathway 1 Applicants

As well as currently taking longer, being sponsored by your brother on a skilled visa would cost the same ($7040 for the 4 of you - likely to increase July). Take a look at the 189 and 190 visas under skill select on the department of immigrations web site. Or I have some brief info on my web site including a points calculator http://www.taylormadeimmigration.com/PointsCalculator

https://www.migration.sa.gov.au/SNOL_data

The addresses are on page 2 of Form 929 - the info pages. Follow Snifters link if you do not have them on your copy.

Latest update re the previous delayed implementation. From 19 April 2014, a credit card surcharge will apply to transactions made using Visa, Mastercard, American Express, JCB and Diners credit cards. The following rates will apply: Visa and Mastercard - 1.08% American Express and JCB - 1.99% Diners Club International - 2.91%

[TABLE] [TR] [TD]ANSZCO code[/TD] [TD] Occupations[/TD] [/TR] [TR] [TD] 132111[/TD] [TD] Corporate Services Manager[/TD] [/TR] [TR] [TD] 134211[/TD] [TD] Medical Administrator[/TD] [/TR] [TR] [TD] 134299[/TD] [TD] Health and Welfare Services Managers, nec[/TD] [/TR] [TR] [TD] 149212[/TD] [TD] Customer Service Manager[/TD] [/TR] [TR] [TD] 149915[/TD] [TD] Equipment Hire Manager[/TD] [/TR] [TR] [TD] 222311[/TD] [TD] Financial Investment Adviser[/TD] [/TR] [TR] [TD] 223211[/TD] [TD] ICT Trainer[/TD] [/TR] [TR] [TD] 224611[/TD] [TD] Librarian[/TD] [/TR] [TR] [TD] 262111[/TD] [TD] Database Administrator[/TD] [/TR] [TR] [TD] 271214[/TD] [TD] Intellectual Property Lawyer[/TD] [/TR] [TR] [TD] 311215[/TD] [TD] Pharmacy Technician[/TD] [/TR] [TR] [TD] 351411[/TD] [TD] Cook [/TD] [/TR] [TR] [TD] 361211[/TD] [TD] Shearer[/TD] [/TR] [TR] [TD] 391111[/TD] [TD] Hairdresser[/TD] [/TR] [TR] [TD] 399212[/TD] [TD] Gas or Petroleum Operator[/TD] [/TR] [TR] [TD] 399918[/TD] [TD] Fire Protection Equipment Technician[/TD] [/TR] [TR] [TD] 411311[/TD] [TD] Diversional Therapist[/TD] [/TR] [TR] [TD] 451815[/TD] [TD] First Aid Trainer[/TD] [/TR] [/TABLE]

There are major differences between the 489 and the 189. Including that the 489 is a temporary visa, under current processing timelines I would not expect it to be processed faster.

The fact that you were included on your previous partners 457 as a defacto partner does not impact on the 'sponsorship limitations' issue. It is not possible to comment given the information above is not clear, and I do not know your circumstances. But as a general point couples not living together also need to address this issue.

Just to add to the DIBP info updates From 22 March 2014, the Migration Regulations 1994 (the Regulations) are amended to increase the visa application charge for Contributory Parent (Migrant) (Class CA) visa and Contributory Aged Parent (Residence) (Class DG) visa to the limit prescribed by the Migration (Visa Application) Charge Act 1997. e.g. Base application charge $3520, second instalment $43,600 http://www.immi.gov.au/About/Pages/l...140322-12.aspx

From 22 March 2014, the Migration Regulations 1994 (the Regulations) are amended to increase the visa application charge for Contributory Parent (Migrant) (Class CA) visa and Contributory Aged Parent (Residence) (Class DG) visa to the limit prescribed by the Migration (Visa Application) Charge Act 1997. Base application charge $3520, second instalment $43,600 http://www.immi.gov.au/About/Pages/l...140322-12.aspx

The significant investor requires significant funds, but it does have an open age limit, more investment options than the 405 and whilst temporary for 4 years can lead to a permanent visa option. A parent visa might be another option if you have citizen/permanent residence kids here.

Credit card merchant fees to be charged to applicants From 22 March 2014, the Department is implementing changes to enable the recovery of credit card merchant fees from clients via a surcharge on credit card payments for visa application charges (VACs) and other fees and charges. Full details of the surcharge will be communicated on the DIBP website from 22 March 2014.

This is very recent and we are just starting to obtain feedback on this matter, it relates to the SC 190 and 489 visas. It appears that the department may be close to their quota for these visas and there may be delays in processing. If applying for one of these visas and you had been considering front loading PCCs and Meds it may be worth waiting until we have a clearer picture of the situation.

[h=3]South Australian State Plan opens more occupations[/h] From 1 Mar 2014, state and territories are no longer subject to the Department of Immigration and Border Protection’s (DIBP) occupational ceilings for the 190 and 489 state nominated visas – see http://www.immi.gov.au/skills/skillselect/. There will continue to be state planning levels (quotas) for each occupation on the State Nominated Occupation List (SNOL). Immigration SA has reviewed availability for the six occupation groups which were previously limited by DIBP. Many of these occupations have now been made available again on the State Nominated Occupation List (SNOL). The following six occupation groups have been reviewed by Immigration SA: • 2331 Chemical and Materials Engineers • 2334 Electronics Engineers • 2339 Other Engineering Professionals • 2611 ICT Business and Systems Analysts • 2613 Software and Applications Programmers • 2633 Telecommunications Engineering Professionals Please note: there are limited places available for the occupations from these groups which have been made available. The occupations of 233111 Chemical Engineer, 233999 Engineering Professionals Nec and 261313 Software Engineer will remain as “Special Conditions” due to reaching the state planning level. Occupations listed as Special Conditions are only available to International Graduates of South Australia who meet the state nomination criteria.

Under current rules you would still be able to use your old refs plus bringing them up to date with one from your current employer. How soon before hand. As you say you still have 2.5 years before that time. The important thing to do is keep an eye on the rules and if any changes are made during that time. Your employer also needs to ensure they are complying with their 457 sponsorship obligations. Also don't get your hopes up but do remember to keep an eye out on changes in respect of the age requirements, it is not so long ago when there were more options to move to permanent residence over the age of 50. Tee

From a purely technical point of view you would not apply for another 4 years but assuming they are still eligible your employer would need to sponsor you for another 4 years. For example depending upon whether their status as an approved sponsor is still valid they may need to apply for this again? Plus some of the requirements for sponsors have got tougher. From the visa side of things other options might include - your employer sponsoring you for permanent residency or applying for a skilled independent visa. I have a leaflet discussing visa options from a 457 visa if you would like to email me I can send you one. Tee

The current visa application charges for the employer sponsored permanent residence visas are: DIBP visa application charges as of 1st September. Primary Applicant $3,520 Secondary Applicants >18 $1,760 Secondary Applicants <18 $880 Who pays varies considerably by employer and reason, I have seen a lot more employers requiring the applicant to pay the visa application charges since the extra charges came into play.