Posts with tag: Australia

South Africa By Candlelight

 

Africa, sometimes described as the "dark continent" was never darker than on the evening of 17 April 2012. More specifically at 7 PM at the Endless Horizons Hotel in Umhlanga.

The electricity went down about 3 PM that afternoon and as the minutes became hours the realisation began to dawn on me that there was a real possibility that as the hotel did not have a generator, I might not have electricity for the seminar that evening.

Notwithstanding the advice from the electricity company that it would only take a couple of hours for the fault to be remedied the electricity did not come on line and I had to present a seminar by candlelight. I have been to some remote places to present seminars [including Zimbabwe] but that was a first for me.

I found out subsequently that there was a fire in one of the transformers and a large swathe of northern suburbs Durban was without power.

The candlelight glow did add a nice ambience to the seminar. Little consolation for those seated in rows 2 onwards who had to view our dvd and PowerPoint presentation from my laptop. I think the audience’ sentiment could loosely be translated as “now you see what we have to put up with".

I don't need to travel abroad to do my job. I can effectively communicate with clients from within Australia by Skype and e-mail and I specifically travel to present seminars so that audience members can get an idea as to who I am. This irony wasn't lost on me as I had to shine a torch on my face so that the audience could see what I looked like.

I started every consultation in the days following the seminar by introducing myself as Myer Lipschitz, the guy who presented the seminar.

Thanks  to the HP Probook S Series laptop’s battery I managed to present the  DVD and PowerPoint presentation with about 60% of its battery life. Imagine what this kind of technology could do for South Africa?

For one person who attended the seminar and had a subsequent consultation with me the power cut presented some relief. At the consultation she confided to me that she attended the seminar with some trepidation and was fraught with anxiety as so many patriotic South Africans are who almost reluctantly attend these migration seminars.

She was praying for a sign that she was making the correct decision in considering immigration to Australia only to find that the seminar had to be held by candlelight. It was just fortunate that the sign was in the form of a power cut rather than hijacking!

I was touched by the spirit in which the audience embraced the concept of a seminar by candlelight and accepted the experience as part of life in Africa. This generosity of spirit is part of the reason why I enjoy my trips to South Africa.

I’m just about to return to Melbourne after a two week trip to South Africa and although I miss my wife on these trips if she does have any notions of a candlelit dinner on my return she can forget it!

As South Africans are fond of saying “tot later” (until later), more precisely 14 June when I will be back in South Africa for another round of seminars, this time with torch in hand.

SkillSelect – borrowing some New Zealand policy

It's always embarrassing for a government when too many migrants apply for Permanent Residence under a flawed policy especially when the architects of immigration policy only perceive the flaws after-the-fact. 

It happened in New Zealand in the 1990s when highly qualified professionals applied for Permanent Residence under the then applicable General Skills Category at a time when obtaining professional registration was not a prerequisite to obtaining Permanent Residence. As a consequence many overseas qualified doctors, lawyers, dentists, etc. obtained residence visas, migrated to New Zealand only to find out that they couldn't obtain registration from professional associations in New Zealand and as a consequence New Zealand had possibly the most well-qualified taxi drivers in the world.

The Minister of Immigration, probably after being berated by one too many taxi driver in New Zealand, put a stop to the policy but not before passing retrospective legislation to prevent those that had filed residence applications under this flawed policy from obtaining Permanent Residence.

It's never a good look for a government to pass retrospective legislation and as a consequence an immigration policy was designed whereby potential migrants could submit an "expression of interest" in which they expressed an interest in obtaining permanent residence in New Zealand and then if they met certain criteria to be announced on a fortnightly basis they would be selected, scrutinized and then invited to apply for residence. 

Appeal rights only accrue when one files the residence visa application and applicants who fail to receive an invitation to apply have no appeal rights irrespective of whether the decision to deny an invitation to apply for residence is correct or not.

Australia's embarrassing skilled migrant moment occurred much later when the Minister of Immigration decided on 8 February 2010 to "cap and cease” certain offshore general skilled migration visas that were lodged prior to 1 September 2007. Probably because one too many Cook or Hairdresser obtained permanent residence under the severely flawed Migration Occupations in (so-called ) Demand List.

Certain changes were implemented such as a skilled occupations list consisting of two schedules of occupations, one requiring state sponsorship. Other refinements such as Higher English language requirements, greater emphasis upon closely related work experience to nominated occupation for the purposes of calculation of points, family sponsorship to play a lesser role and beefed up skills assessment requirements have all stemmed the tide of those qualifying for general skilled migration visas without needing an offer of employment. 

So why the need for a New Zealand style expression of interest?

Probably because the New Zealand system [to be called SkillSelect in Australia] allows the Minister to control the numbers of applicants in specific occupations without having to “cap and cease” applicants. The Australian model will differ from the New Zealand model as it incorporates the following features not found in the New Zealand system namely:

1. State governments and Australian employers will be able to "dip" into the pool of prospective migrants who have filed Expressions Of Interest and select those that meet their requirements. Those receiving offers of employment will still have to be sponsored by Australian employers for 457 work visas.

2. Applicants will need to still need to nominate occupations and obtain skills assessments as well as sitting IELTS tests 

3. Expressions of interest are valid for a period of 2 years in Australia but only 6 months in New Zealand

4. In Australia, for the independent and family sponsored visas, the Department will publish the lowest scoring points mark that allowed an EOI to be invited for each occupation group. The New Zealand model does not distinguish between occupation groups although those with work experience and qualifications in occupations on the long term skills shortages list in New Zealand do enjoy a higher ranking of their expression of interest.

5. You will not be able to determine your ranking relative to other Expressions Of Interest in the Australian model.

6. In Australia one has to submit a visa application within 60 days after receiving an invitation to apply whereas in New Zealand one has a period of four months.

For those submitting Expressions Of Interest in the hope that employers will dip into the pool and select migrants, the system hasn't worked before when the General Skilled Migration Visas had a pool mark and pass mark system and it's unlikely to work under SkillSelect. Any employer would still have to sponsor an applicant for a 457 work visa and given this incorporates obligations on the part of the employer [amongst others] to repatriate the migrant and his family if they cannot afford return airfares I don't think that you will find too many Australian employers willing to assume this risk for migrants based overseas. Furthermore only certain aspects of an applicant's Expression of Interest will be visible to an employer such as nominated occupation and level of English language ability etc. Personal particulars including nationality will not be visible to Australian employers. 

I'd love to be able to say that one's nationality doesn't form a part of the selection criteria on the part of employers but I would suggest that this is being a bit naïve.

Will the real Mr Lipschitz please stand up?

It's often the little things that make one feel at home in a new country. Yesterday I was at the local pharmacy waiting for a prescription to be filled when the pharmacist said "prescription for Mr. Lipschitz". I approached the pharmacist at the same time as another gentleman of a similar age. We looked at each other, smiled and then burst out laughing.

What are the chances of two people with the surname of Lipschitz being at a pharmacy at the same time? After spending most of my life in a small town in South Africa and then in New Zealand I had grown accustomed to the fact that I might very well be unique in terms of my surname. In my early years I had come to think of it as God's cruel joke and longed to meet someone called Bumface who would be lower on the surname pecking order than I.

When I moved from Vereeniging to Johannesburg to attend university I did come across a few more Lipschitz’s and one also got to hear of those that could not bear the heat such as Ralph Lauren who changed his surname from Lipschitz to Lauren. To be fair "an original Lipschitz creation" does not have the same sophistication as "an original Lauren creation".

Whilst on the subject don't bring up my father's cousin who incurred the ire of the Lipschitz clan by changing his surname from Lipschitz to Lipworth. I suspect every Lipman, Lipworth and Lipton is a turncoat. But please forgive me if I digress, I am carrying 49 years of baggage in this department.

The other Mr. Lipschitz must also have been carrying a fair bit of baggage judging by his reaction. It was a cathartic moment for both of us. I felt like putting my arms around him and shouting, "Landsman what happened to you?”

I don't imagine that this kind of experience is unique to only those with the surname of Lipschitz. Melbourne has such a rich diversity of cultures that I'm sure the same thing is happening to Mr.Dung from Vietnam , Mr Wang from China, Mr Dick Ramsbottom from England and Mr Haasbroek (rabbit pants) from South Africa . It is one of the things that I love about Melbourne and made me feel instantly at home.

Who Moved My Cheese?

I wonder how many migrants read "Who Moved my Cheese?" by Dr Spencer Johnson.

The book is a very short story about change that takes place in a maze where 4 amusing characters look for "Cheese" -- cheese being a metaphor for what we want to have in life, whether it is a job, a relationship, money, a big house, freedom, health, recognition, spiritual peace, or even just a better quality of life.

The Story

The story describes 4 mice running around in a maze and looking for cheese.  They happen to come across a wonderful supply of cheese and live in close proximity to that source.  When the cheese begins to run out, 2 of the 4 go off looking for more.  They can tell that the cheese won’t be there for much longer and that it’s getting old and mouldy.  So they adapt to the situation and forge ahead, ultimately finding more cheese.  The 2 other mice, however, get too comfortable when they find the cheese and don’t believe it will ever disappear.  When the cheese runs out, they stay put, waiting for more cheese to appear.  They think everything will be fine.  They didn’t smell the rotten cheese.

The cheese runs out and they begin to starve.  They’re scared to move.  They don’t adapt and resist change.  Eventually, one of those 2 mice leaves and finds more cheese and brings the other one over the ‘good side’.

The Moral

The moral of the story is that we need to adapt to the changing circumstances around us and that our cheese (whatever it is) may not always be there and we need to recognize that the supply of "cheese" should not be taken for granted.

Immigration Context

We can tell from the number of the people finding our website and attending one of our free seminars that there are many people out there that recognize that the supply of cheese in their home country might be running low or else becoming decidedly "gamey".

It's easy to look back in history and wonder why certain populations didn't see the writing on the wall or recognize that the cheese might be diminishing. In the South African context this writing may take the form of increased violence, crime, lack of opportunities in workplace and education because of affirmative action programs, increased corruption, declining educational standards and general degeneration of the moral fabric of society.

In a Singaporean context the writing may take the form of long working hours, comparatively low wages, and too much pressure on children to achieve academically, high youth suicide rate, overpopulation, lack of recreational facilities and generally dissatisfaction with quality of life.

People resist change because let's face it change is difficult and stressful. This is never truer than in an immigration context when one is going to leave one's friends, family members and comfort zone and move to a new country to improve the quality of one's life.

I hope that I am not stretching the analogy too far but many may be thinking that the cheese supply might be diminishing but how do we know that by immigrating to Australia we are guaranteed a better cheese supply?

I'm not advocating that people should without any preparation or planning move countries at the slightest hint that there are concerning signs however I think every responsible individual owes it to themselves and their families to at least read the writing when it does appear on the wall and investigate opportunities to improve one's lot. One doesn't necessarily need to sever one's ties with one's home country at the slightest hint that there may be writing that appears on the wall but one should recognize that writing for what it is and investigate opportunities to improve one's life.

Attending our FREE australian immigration seminars and contacting us to arrage an immigration consultation for a nominal fee are just 2 small steps that one can take to investigate whether there might be more/better cheese in Australia.

Details of New Points Test Announced

 

The long awaited new points test to be implemented on 1 July of this year [and announced by the Minister of Immigration in November 2010] was released yesterday and whilst substantially similar to the draft version released in November of last year, contains a number of important differences.

Whilst the actual legislation, Migration Amendment Regulations 2011 (No. 3) - Select Legislative Instrument 2011 No 74 [F2011L00966] has been published the detail relating to the interpretation of the legislation hasn't yet been published in policy as yet.

We will update you as more is known about the interpretation of the legislation. In the meantime we have copied the new points test to apply to all points tested general skilled migration visas filed on or after 1 July 2011 below. Applications filed prior to this date will be governed by the previous legislation relating to the points test.

I have also provided commentary in the paragraphs below the points table and provided information relating to other matters of interest to general skilled migration visas such as the release of a new skilled occupations list [13 occupations added and 4 removed].

It doesn't pretend to be a definitive explanation of the new points test but it does provide some long-awaited answers and in turn raises more questions regarding interpretation of the policy. I am expecting more detail to be released regarding the interpretation before my next round of seminars in Singapore and South Africa details of which appear toward the bottom of this e mail.

For those in Malaysia and Mauritius, we haven't forgotten about you but my energy levels don't extend to doing a 5 seminar trip. Details relating to my forthcoming trip appear towards the end of this e-mail.

For anyone who wants an assessment of their chances who cannot meet with me in July in Singapore, Johannesburg , Durban or Cape Town they do have the option of ordering an Internet assessment report and subsequent Skype consultation to clarify questions at a very modest fee of 150 Australian dollars. 

Happy reading. 

Summary of New Points Test

..........table goes here.

Notable features about the new points test:

Pass Mark

The pass mark for all points tested general skilled migration visas is a uniform 65 points. This is the score that must be obtained by the primary applicant. No longer will a distinction be made between the pass mark required for different types of points tested general skilled migration visas such as family, state-sponsored and independent subclasses. All primary applicants must meet a pass mark of 65 points perspective of which points tested GSM visa they are applying for.

Points are no longer to be awarded for specific occupations. Under the current points test a distinction was made between 60, 50 and 40 point occupations. Primary applicants must however still nominate an occupation on the skilled occupations list and obtain a positive skills assessment as a basic lodgement requirement.

Age limit

It has been increased to 49 years of age however no points will be obtained for applicants aged 45 -- 49.

English language

English language ability is to play a greater role in the selection of GSM applicants. Primary applicants must have at least competent English language ability [a minimum score of 6 on each of the 4 components of the IELTS test] but this English language level will not attract any points. To score points applicants must either have proficient [worth 10 points] or superior English language [worth 20 points] namely 7 in each of the 4 components of the IELTS test [proficient] or 8 in each of the 4 components of the IELTS test [superior].

Skilled employment

Work experience must be in applicant’s nominated occupation or closely related occupation. The term "closely related occupation" is to be interpreted quite narrowly.

Furthermore only post qualification work experience will be considered. This prejudices those people that acquired their qualifications through part-time study.

Qualifications

Points can only be awarded for the highest qualification obtained. The qualification doesn’t need to be relevant to the nominated occupation.

We don't know as yet how applicants who obtained their expertise in their nominated occupations through work experience and not academic study will be treated. If one has "attained a qualification or award recognized by the relevant assessing Authority for the applicants nominated skilled occupation as being suitable for the occupation" they will earn 10 points. No indication has been given to the duration of study required.

At a recent seminar presented by the Department of Immigration and Citizenship we were advised that applicants who obtained Australian trade qualifications [Australian Qualification Framework Certificate 3] through recognition of prior learning would still be eligible for points but this doesn't answer how applicants who previously could obtain a positive skills assessments for occupations in information computer technology [ICT] will be treated. Will a qualification that took one day to obtain in combination with several years of work experience to obtain a positive skills assessment entitle an applicant to any points?

Points for community language

One can still acquire 5 points for proficiency in a community language however one can no longer acquire points purely because one has completed an academic qualification at degree level in the community language. One is now required to be a NAATI approved translator in that language. Unfortunately Afrikaans is not NAATI approved.

Partner’s qualifications

Partners can still contribute 5 points to primary applicants but they need to be in an occupation on the same skilled list as the primary applicant. They also need to meet other basic lodgement requirements such as age, recent work experience, English language ability etc.

State or territory nomination

Worth 5 points if one applies for a 176 visa and 10 points if you apply for a regionally sponsored visa such as a 475 or 487.

Sponsorship by family members

Worth up to 10 points if the family sponsor is living in a designated area [regional Australia] and the applicant applies for a provisional 475 or 487 visa but not a 176 visa. Essentially this means that family members living in metropolitan areas of Perth, Sydney, Brisbane, Gold Coast, Sydney, Newcastle and Wollongong can no longer sponsor family members and contribute points.

Interestingly enough we have been told that Melbourne retains its status as a designated area for the purposes of sponsorship so those of you who have family members who had the foresight to immigrate to Melbourne [where I live] will benefit. Good on them for choosing Melbourne. 

Skilled occupations list

I'm sure that many people will not realize that a distinction is still be made between the skilled occupations list and schedule 4. If you have an occupation on the skilled occupations list [schedule 3] then you don't necessarily need state sponsorship but if your occupation does not appear on schedule 3 [the skilled occupations list] and appears on schedule 4 then you need to obtain state sponsorship irrespective of the number of points that you obtain.

New skilled occupations list

The following occupations have been added to the skilled occupations list [schedule 3]

Medical Physicist 

Environmental Health Officer

Occupational Health and Safety Adviser 

Hospital Pharmacists

Retail Pharmacists

Barrister 

Solicitor

Fitter (General)

Fitter and Turner

Fitter-Welder

Metal Machinist (First Class)

Boat builder and Repairer

Shipwright

And the following occupations have been removed from the SOL:

Optometrist [251411]

Orthoptist [251412]

Panel Beater [324111]

Vehicle Painter [324311]

Till next time...

Love and Migration

Perhaps I'm showing my age but for many of my generation the movie "Green Card" was the ultimate migration movie.

I'm sure you know the plot but if not, the character played by Gerard Depardieu wants to stay in the United States and enters into a marriage of convenience with the character played by Andy McDowell to secure a Green Card to enable him to commence a job that he's been offered. She enters into the marriage to be able to keep her apartment [which is for married couples only].

Gerard’s character has his comeuppance during his interview with Immigration and Naturalization Service when he cannot identify her brand of cold cream.

You could be forgiven for thinking that the moral of the story is if you are thinking of a partner visa to spend some time studying your partners cosmetic cabinets in more detail but the actual point is don't use fraudulent means to apply for visas. I'm sure a good migration lawyer could have secured the appropriate visa by legitimate means. Perhaps it's time that scriptwriters wrote in a storyline for a Brad Pitt type migration lawyer. Not that I have any resemblance to BP or am considering a career change.

With a more selective immigration policy and tougher student/permanent residence pathways partner visas [relationship-based visas] have never been more popular. In fact the Australian Federal Government has set aside 44,000 places [as many as the independent General Skilled Migration category] for partner visas in the recent budget announcement.

Partner visas include applicants who are engaged, formally married, in a de facto relationship [same-sex or heterosexual] with an Australian citizen or permanent resident.

The term "de facto" is unfamiliar to many of our readers but generally means a common-law marriage where the partners have been living together for 12 months or more in a genuine stable relationship which is likely to endure.

Partner visas generally fall into one of the following categories:

Prospective marriage -- also known as the fiancée visa.  This visa is for a person who is engaged but not yet married to Australian citizen or permanent resident. This is the "try before you buy" concept that allows overseas migrants to enter Australia for the purposes of marrying their Australian fiancé's. The marriage must take place within nine months.

Spouse [provisional] -- this visa is for a person who is married to, or in a de facto relationship with an Australian citizen. The visa is provisional and can lead to permanent residence, generally once the Department of Immigration and Citizenship are satisfied that the couple is living together in a genuine stable relationship after two years.

Spouse -- this is a permanent visa for a person who is married to or in a de facto relationship with an Australian citizen permanent resident.

The tighter migration laws referred to above together with the fact that the "relationship register" operated in many States in Australia [which means that de facto couples who register their relationship don't even have to live together for 12 months before they can apply] have meant that a greater degree of vigilance is required on the part of Australian citizens/permanent residents.

The following are some warning signs for the unwary Australian/permanent resident:

• Although you could have been blessed with good genes if the migrant finds you irresistible and she is half your age, beware;
• If you met on the internet on any site with the terms “Russian Brides” in the URL, beware;
• If your paramour is a student about to finish a course of study in Australia who uttered the words “oh damn” on 8 February last year (when the student policy changed), beware;
• If she suddenly decides to open a joint bank account, sign a joint lease, cancel her postal box and have all of her mail directed to your common address, suggests joint travel or any of the other evidence required to support a de facto partnership application beware, you could be set up.

Relationship visas might be seen as the ultimate "shortcut" to securing permanent residence in Australia but immigration officers are not naïve. Relationship visas have amongst the highest decline rate of all visa applications in Australia. Approximately 40% are declined and not simply because applicants neglected to check her brand of cold cream!

We ensure that our clients apply for relationship visas for the right reasons. Not for the purposes of a "quick fix" in terms of immigration policy but rather because there is a genuine desire on the part of both parties to enter into a long-term relationship with migration to Australia being a by product of the relationship.

Australia Increases Migration Quota

 

Unlike the calendar year, Australia’s immigration year runs from 1 July to 30 June.  As we fast approach the migration ‘New Years Eve’ it appears as if the Australian Government will be dispensing some new year’s cheer by increasing the migration programme by 16300 places taking total planned migration to a total of 185 000 which is consistent with net overseas migration figures for the year ending September 2010.

The majority of the new places have been allocated to the Skilled stream comprising Employer Sponsored, General Skilled Migration Visas (points tested) and Business.   With Australia’s economy expected to grow by 4% percent for the next year and unemployment rate at 5 percent and expected to fall to 4.75 percent, the increase in the immigration quota is seen as necessary to maintain Australia’s growing economy.

The strength of the Australian economy provides a special challenge for the Government in designing an immigration policy that will provide Australian employers with much needed foreign expertise, and at the same time, still remain true to the tough stance on migration adopted by Julia Gillard in her election platform. 

Clearly, Australia must develop an immigration policy aimed at delivering the skills required by Australian employers to result in greater economic performance.  There remains, however, on the part of employers and recruitment consultants, an aversion to consider migrants who don’t have Residence Visas.  One only has to look at websites such as www.seek.com.au to confirm this fact.  Therefore, most employers would rely upon migrants who qualify under General Skilled Migration programme (the points tested visas that don’t require offers of employment) to satisfy skills shortages.   This group of migrants arrive in Australia with Residence Visas in their passports and then commence their search for employment once they arrive in Australia as Permanent Residents. This is clearly the preferred model of recruitment on the part of employers and recruitment agents.

The good news is that of the 16,300 extra places 10,150 have been allocated to the Skilled Independent GSM Visa.  As the name would suggest this is a type of migrant who qualifies for Permanent Residence in Australia based on a points score without needing sponsorship by a family member or State Government. 

The bad news is that, in order to submit a Independent GSM visa you need to be on a select list of occupations namely Schedule 3 of the Skilled Occupations List.  If your occupation is not on Schedule 3 but appears on Schedule 4 of the Skilled Occupations List you need to obtain State Sponsorship if you intend submitting a General Skilled Migration Visa.  You also need to meet the pass mark.  There is a far greater number of occupations that appear on Schedule 4 but not Schedule 3 and the disappointing news is that the quota for State/Territory sponsored visas has not increased from 24,000. 

The Minister of Immigration will be announcing a new points assessment test for the General Skilled Migration Visa (including Independent and State/Territory sponsored) and it remains to be seen whether this new immigration model will give the Minister of Immigration more Professors and fewer Hairdressers which was the stated aim when a new GSM policy was announced.  We expect to receive the new policy in June, before its implementation on 1 July 2011.