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Immigration Blog

REGULAR POSTS FROM NEW ZEALAND & AUSTRALIA

Posts in category: Australia

Immigration Blog

Migrating is more than just filling in forms and submitting paperwork; its a complex process that will test even the most resilient of people. Understanding Australia & New Zealand at a grass-roots level is paramount to your immigration survival, and to give you a realistic view of both countries, its people and how we see the world, as well as updates about any current or imminent policy changes, subscribe to our regular blog posts by entering your details below.

Global Talent Visa

Posted by Myer on Oct. 23, 2020, 3:55 p.m. in Australia

The Australian Government has publicly indicated that migration is central to their Covid recovery plan. Knowing there is State level politics that can impact on that goal the federal government has confirmed a threefold expansion in the number of ‘Talent Visas’ up for grabs, I think to deflect from the political risks associated with the other ‘skilled pathways’.

The number of places available was increased from 5000 last immigration year to 15,000 this year. Called a global talent visa it sounds very fancy but take the shiny bow off the packaging it is potentially going to apply to a lot more people than one might imagine. The benchmark for qualifying for this visa might not be as high as you think as one of our clients recently discovered.

So what is the global talent visa and how might it present as a different pathway to residence in Australia?

It’s essentially a visa that grants permanent residence for the “brightest and best talent”, designed to help grow Australia’s innovation and technology sectors.

There are essentially two types of global talent visa programs, those sponsored by employers and a second, independent program and this blog focuses on the independent program because for most of our potential clients, this represents the better of those two options.

The Australian Government has appointed a legion of bureaucrats around the world to try and encourage this new pathway. However applicants are not required to wait for one of these states officials to nominate someone for this visa but it can be done through a 'recognised organisation' or individual in Australia 'prominent' in the same field.

As with all thes rules be careful how you interpret words like 'prominent'.

An applicant must be 'prominent' in one of seven targeted areas namely

- agriculutural technology,

- space and advanced manufacturing,

- financial technology

- energy and mining technology,

- medical technology,

- cyber security; and

- quantum information, advanced digital, data science and ICT

This does not mean you need to be Bills Gates or Elon Must or a Nobel Prize winning Quantum Physicist, only that you are really good at what you do.

And even if you a 'prominent' in your field it doesn't mean you'll qualify because it is limited to those broad categories above. For example, a world renowned film director would not be suitable for the Global Talent visa because he or she doesn't operate in the seven areas mentioned above. However, they could qualify for a distinguished talent visa, another category designed for the elites.

To qualify for this talent visa you must demonstrate that you are internationally recognised with evidence of outstanding achievements and have a recognised organisation or individual in Australia endorse you as a global talent, in the same field as you.

Apart from the Australian Computer Society, I am unaware of any other industry association that has agreed to be a nominator so if you are not in an ICT field and haven’t been identified by one of the global talent officers mentioned above, you will have to rely upon an individual in Australia prominent in the same field to nominate you.

Unlike the nomination process for work visas there are no financial implications upon the nominator but finding such an individual is going to prove to be challenging for most people oversees simply because they might not have an extensive network of like-minded colleagues in Australia.

One of the possible ways of overcoming this potential hurdle would be for those people working for multinational companies with an Australian branch to approach a senior representative of the Australian company to act as nominator.

It is also a requirement to prove an exceptional track record of professional achievement. This may include senior roles, patents, professional awards and international publications, memberships, participation in national or international conference in your field.

Applicants also must have the ability to attract a salary of AUD $153,600 plus superannuation but you don’t have to actually be earning this level of remuneration when an application is filed, applicants just need to be capable of earning this level of remuneration.

There is no age limit for this visa which is attractive when one considers that the age limit for other forms of skilled visas is 45 years of age. INterestingly given how important English language ability is to skilled migrants under this policy the level of English-language required is much lower i.e functional English. The other benefit is priority processing with only 1-2 weeks visa processing times (currently), compared to at least 9 months of other permanent residence visas. And no need to apply for travel exemptions to come to Australia.

In the opening paragraph I mentioned a client of ours who was sceptical of whether he would meet the benchmarks of this particular visa. He did have a certain profile in the IT industry with media exposure and had worked for high profile clients and whilst he rather modestly thought that his achievements would fall shot of the benchmark required, the Australian Computer Society had a different opinion and approved his nomination. In other words, you don't need to be Steven Hawking or Bill Gates of your industry in order to be successful.

On paper this type of visa looks like a winner for both Australia and for many talented people overseas wanting a slice of Australia's lifestryle but there are clearly some flaws in the program, such as the lack of prominent industry associations willing to act as nominators and it's hoped that more of the organisations like the Australian Computer Society that provide skills assessments for general skille migration visas would act as nominators.

Typically not all criteria is well defined but it appears that the bar is lower than the fancy title suggests.

At the end of the day, 15,000 places is considerable and the quota needs to be filled otherwise Australia would be tactily admitting that the best and brightest don't want to immigrate here and I suspect that Australia will keep the bar relatively lower than the rules might infer, in order to ensure that the 15,000 places is filled.

Now is not the time for modesty. You might not have considered yourself to be the sort of migrant that this policy is designed to attract but you might be. Make your voice heard because we think this is one of the best visa offerings for 2020-2021.

Tags: australia

A shot in the arm

Posted by Myer on Oct. 8, 2020, 10:47 a.m. in Australia

If we ever needed reminding that 2020 was a strange year last night we saw a liberal treasurer reading a budget that would have in previous years embarrassed a labor government by the scale of spending contemplated by the government to stimulate an economy that has flat lined in the wake of Covid 19. With unemployment forecast to increase to 7.25% and the economy to shrink by 1.5% this year and the machine that goes “ping” silent, the government charged the defibrillators, shouted “clear” and applied contact. Hopefully with a sharp intake of breath the economy will react to give the government the 4.75% growth forecast for 2021-22 to reduce unemployment to 6.5 percent for that period.

As to how immigration factors into all of this can best perhaps be summed up by the media release published by the Department of Home Affairs entitled “Securing and Uniting Australia as Part of the Government’s Economic Recovery Plan”.

Whilst the government has maintained the same annual ceiling or limit of 160,000 migrants per year, it’s changed the quotas of the different visa types with an emphasis upon partner applications and onshore visas. This is probably because we still don’t have a vaccine for Covid 19 but provision has been retained for a healthy quota of skilled migration.

The budget was predicated upon a vaccine being available for release in Australia towards the latter part of 2021 and whilst it seems likely, it would be catastrophic if a vaccine isn’t available. With a budget deficit estimated to reach 1.7 trillion over the next few years and interest rates at record lows, there isn’t much else at the government’s disposal to provide added stimulus if we don’t have a vaccine.

It was however rewarding to see that the government did acknowledge the financial contribution of migration to the economy and hopefully once we do obtain a vaccine, the government will adopt a more expansive immigration program allowing more foreign students back into Australia.

It was forecast that net migration would fall to -71,000 for the current year which contrasts to the positive gain of 154,000 in last year. Whilst shocking it’s not particularly surprising because long-term students and temporary workers are included in these figures, and with border closures and local state lockdowns, many had to leave Australia. As borders are only likely to reopen mid next year, many won’t be returning before the next immigration year begins in July.

Perhaps more significantly for most of our clients (many of whom are overseas relying on obtaining state sponsorship) is how much of the quota would be allocated to skilled migrants. The Government announced figures for the following categories:

Global talent independent visa – 15,000

Business and investment – 13,500

Family - 77,300 (72,300 to be partner/spouse applications)

Skilled - 54 200

The media release also included the rather ambiguous sentence “While overall the government has placed greater emphasis on the family stream, most of these are people already in Australia. Of the new permanent residents coming into the country, we still anticipate that approximately two thirds will be in the skilled stream and one third from the family stream.”

Clearly the government is still anticipating a skilled migration from overseas but the detail as to how this will be divided under the different types of skilled migration such as employer sponsored, state-sponsored, or independent visas hasn’t yet been released.

It’s clearly looking at filling a larger quota than in previous years with safe and easy applications for partners/spouses, many of whom will be in Australia without having to consider difficult issues such as when borders will reopen as well as the contentious issue of skilled migrants competing with Australians for jobs with rising unemployment.

Traditionally the government has used the state-sponsored visa program to entice foreign students to Australia to provide an incentive to studying in Australia but with fewer students more of the state-sponsored visa places would be available to many of our skilled clients who are based overseas.

The government is not only picking sectors of the economy that it wants to succeed namely resources and critical minerals, food and beverages, medical products, recycling and clean energy, defence and space but also intends picking winners with an increase in the global talent independent program to 15,000 places as well as business innovation and investment programs will be increased to 13,500 places.

The budget also covered a range of major government infrastructure spending for States, local councils, and regional Australians with a significant boost to roads, bridges, rail, and community works and whilst the government has announced programs aimed at training and creating new skill sets in Australia it’s doubtful whether all of the expertise required for these programs will be found within Australia’s borders.

As with most government announcements the devil is in the detail but clearly migration remains an important aspect of government policy as it is still seen as a means of delivering economic stimulus, population growth, skill shortages a base for taxation, it’s just that for this particular immigration year spouses and partners of Australian citizens and permanent residents appear to be the big winners.

Tags: Australia

Look before you Leap

Posted by Myer on Aug. 28, 2020, 12:59 p.m. in Australia

On 20 August the Australian Government brought into effect the Migration Amendment (Hong Kong Passport Holders) Regulations 2020 in line with previous announcements regarding special consideration to be granted to Hong Kong students, graduates and skilled workers in Australia. But legislation and subsequent comments by the acting Minister of Immigration, Citizenship Migrant Services and Multicultural Affairs is not really providing anything more than a longer stay period in Australia on temporary work and graduate (post-study) visas.

Under the new arrangements:

·        Hong Kong passport holders who held a Temporary Graduate (subclass 485) or Temporary Skilled Shortage (subclass 482 or 457) visa on 9th July 2020 will automatically have that visa extended for five years.

·        Current and future students from Hong Kong will be eligible for a five-year Temporary Graduate visa on the successful completion of their tertiary studies

·        Hong Kong passport holders who apply for a temporary skilled visa will be eligible for a five-year visa if they have qualifications listed on the occupational skills lists and meet Labour Market Testing requirements.

Most importantly the legislation is silent on the pathway that these temporary visa holders will use to obtain permanent residence in Australia. And because of this, we expect that Hong Kong citizens will need to still meet the standard requirements for residence like every other person.

Under current policy there are two main pathways for skilled migrants to qualify for permanent residence, either under the general skilled migration visas (these visas don’t require offers of employment) or under an employer nominated residence visa (which as the name suggests requires one to have an Australian employer willing to act as a sponsor).

With the havoc that Covid 19 has wrought on the Australian economy (unemployment in the state of Victoria is forecast to increase to 10%) I cannot see Australia granting an exemption from normal residence requirements to those thinking of coming to study in Australia. Granting permanent residence to approximately 11,000 additional residents would not be politically palatable in times of high unemployment. The government has said immigration will play an important part to the repair of the economy, but Hong Kong citizens will need to meet one of the above categories, with the only benefit being that more time is given to enable one to meet the requirements.

Whilst this new policy might be useful to those people intending to study or work in Australia, I would personally think twice about uprooting my family to go to Australia on a student visa that could be extended for five years, or receive a five-year visa for completing two years of study in Australia as an alternative to the existing pathways available to all skilled migrants.

Studying in Australia is expensive and should be used as a Secondary option if one of the other categories cannot be met first. Course fees range from AU$20,000 - AU$40,000 per year plus living costs.

If you choose to study in Australia many students from Hong Kong have traditionally chosen to study in Melbourne or Sydney, but when it comes to progressing to permanent residence, there are usually better options that will help you gain state sponsored residence. State governments such as South Australia and Tasmania will nominate international students who complete two years of study in the region, can get a successful skills assessment and meet a points test, even if your occupation is not on their list. There are also certain bonus points that are awarded to those people studying in regional Australia (which excludes Melbourne, Sydney and Brisbane) and you would need to pay careful attention to structuring your study in Australia in such a manner that takes into account future residence visa pathways.

The fact that the government in Australia hasn’t provided any guidance as to whether normal permanent residence eligibility criteria apply is significant in its absence. Before you consider bringing your families to travel to Australia to complete a course of study (such as a Masters degree) it would be prudent to first consider your permanent migration options. Too often we see people who have moved to Australia for study or work without thinking about their pathways to permanent residence, and the most important step in the entire migration process is indeed the initial eligibility and strategy assessment.

I don’t think that Australia has suddenly developed a social conscience which prompted the announcement of the special visa arrangements mentioned above, rather Australia is likely using the opportunity to encourage Hong Kong students, business people and skilled migrants to see Australia as a favourable destination, particularly at a time when it’s becoming increasingly difficult to attract foreign students.

The Australian Government is treading a fine line between wanting to show support for Hong Kong citizens but at the same time wary of public backlash if they decide to grant permanent residence to approximately 11,000 additional residents at a time when Australia is experiencing increasing unemployment due to the effects of Covid 19 on the economy.

To leap or not to leap?

Those people that qualify for skilled migrant category visas under present policy shouldn’t wait for greater clarity on the “pathway” that the government has in mind for those on five-year study and work visas in Australia. They should be leaping now.

Those that don’t have options under existing skilled migrant categories should be looking very carefully before they leap into student visas until such time as the “pathway” to permanent residence is clarified by the Australian government.


The Silly Season

Posted by Myer on June 26, 2020, 1:51 p.m. in Australia

The silly season is fast approaching in Australia and I’m not referring to Christmas or New Year. I am referring to 1 July which is the beginning of our immigration year and demarcates the beginning of the “silly season” in which state governments produce lists of occupations that they intend to sponsor for the immigration year that commences on 1 July 2020 and ends 30 June 2021. We are all then consumed with furious energy trying to secure state sponsorship for our clients with the limited number of places that are available her occupation.

We never know in advance which occupations are going to appear on state sponsorship lists or how many of a particular occupation the eight states or territories will sponsor but before you can apply for state sponsorship you need to have the results of your skills assessment and English-language test.

To borrow from the Christmas analogy, there are many of you that will be reading this without having done your “shopping” (skills assessment and English-language test) early and will be waiting for your occupations to appear on state sponsorship lists before you commence your shopping but for anyone with insight into how the state sponsorship program works you can’t afford to wait until such time as your occupation appears on a state sponsorship list before you “shop” for your English-language test results and skills assessment.

Perhaps I should end the shopping analogy just in case anyone forms the incorrect impression that English-language test results and skills assessments can simply be bought online. They have to be earned by obtaining a positive skills assessment from the relevant skills assessing authority and English-language test results have to be acquired through sitting one of the five possible English-language tests. Some states sponsor such a limited number of places in a particular occupation that the occupation closes often within hours or days of the publication of the state sponsorship list, for other occupations they linger on state sponsorship lists for the better part of 12 months.

Covid 19 hasn’t changed Australia’s immigration quota, we still want approximately 160,000 migrants per year with a preference that a large percentage would want to immigrate to regional Australia (i.e. the whole of Australia excluding the metropolitan areas of Melbourne, Sydney and Brisbane).

Australia doesn’t have a population policy. Our population is at present 25 million but there is no forecast figure with what our population might look like in 10 or 20 years time we have instead used our annual migration quota (currently 160,000) plus domestic growth to be a de facto population policy but many have been calling for a national debate as to formulating a population policy with the Covid 19 pandemic seen as an opportune time to have that debate.

The majority of politicians in Australia have been lamenting the fact that because of Covid 19 net migration numbers are expected to fall by 85% next year and they understand that migration does add to the economy in so many ways and that it’s a popular misconception that migrants take jobs from Australians. I should hasten to add that this drastic reduction in net migration isn’t as a result of a cut in quotas on the part of the Australian Government, rather a result of border closures in the wake of Covid 19.

On the other hand state sponsorship lists are supposed to be a representation of the skills needed by a particular state for the forthcoming immigration year and in the current economic climate with unemployment in Australia at 7.1% (from the pre-Covid rate of 5.2%) we would expect to see shorter state sponsorship lists evidencing fewer occupations in demand than when the last state sponsorship lists were produced on 1 July 2019.

It’s hard to justify the inclusion of many hospitality related occupations such as chef, Cook, restaurant manager, hotel and motel manager, hospitality manager not elsewhere classified et cetera when many of these businesses haven’t been able to trade and we just don’t know how many of them will actually continue to be in operation once government stimulus package such as Jobkeeper ends.

On the other hand Australia has traditionally always needed many of these occupations and they have always had a good representation on state sponsorship lists so if the lists are to mirror current demand for occupations they would be very short. If on the other hand state governments are forecasting what demand might be like in 8 – 11 months time we might see more generous state sponsorship lists.

Those migrants obtaining state sponsorship would probably only be factoring in a move to Australia towards the end of 2021 given current processing times and it’s going to be interesting to see whether the state sponsorship lists focus on the current economic climate or the forecasted improved economic conditions for 2021 or simply use the lists to boost migration numbers to compensate for the lost economic benefit of certain temporary visa holders such as students, working holiday visa holders and temporary workers.

Net migration also includes long-term student visa holders and as many of them can’t return to Australia to complete their courses because of border closures we may see shorter lists of occupations but more opportunity to acquire state sponsorship by those overseas who haven’t studied in Australia.

The silly season usually involves close scrutiny of state sponsorship lists and their publication (not all appear on one July) followed by frantic lodgement of state sponsorship applications and supporting documentation but given the factors mentioned above it’s perhaps going to be sillier than usual this year. I for one will be wearing my silly hat and looking forward to seeing what occupations Santa has put into my Christmas stocking this year.


It's Not All Doom and Gloom

Posted by Myer on April 17, 2020, 2:01 p.m. in Australia

 

My business partner Iain Macleod (the Southern Man) has in recent blogs been gazing at his crystal ball and looking at his tea leaves to see what the future holds for New Zealand and it is now my turn to speculate what the next few months hold in store for most of our clients. I would have done it sooner but the last time I used my crystal ball was in the global financial crisis and I had packed it in storage mistakenly thinking it would be some time before I would need it again. How wrong I was.

The vast majority of our clients intending to immigrate to Australia are overseas and intending to apply for general skilled migration visas. Most of our clients require, amongst other things, a state government to sponsor them. The chances of securing state sponsorship very much depend upon whether their occupations appear on a state sponsorship list.

These state sponsorship lists are produced on or about one July of each year which is when our immigration year commences and the occupations that appear on state sponsorship lists are largely a reflection of the skills required by any one of the eight states or territories in Australia.

A decrease in economic activity in a particular state will presumably mean that state sponsorship lists will be populated with fewer occupations which means less chance of securing state sponsorship.

The International Monetary Fund produced a report yesterday forecasting a contraction in Australia’s economy by 6.7% for the 2020 year but rebounding by 5.8% for the 2021 year. The average country’s economy was forecast to contract by 3% and the figure of 6.7% contraction in the economy sent shockwaves through Australia yesterday. Our Treasurer Josh Frydenberg countered by saying that these predictions did not take into account Australia’s recently announced $130 billion Jobkeeper package which is a fortnightly payment of AU$1500 to Australian workers for a period of six months. The IMF said they had!

Whatever economic modelling you are using the next year isn’t going to be fun in Australia. New Treasury figures forecast the jobless rate will double in the June quarter from 5.1 per cent to 10 per cent, all but confirming Australia will enter a recession as it deals with the COVID-19 pandemic.

It will be the first time the unemployment rate has hit double digits since April 1994 and the figure is a fraction below Australia's peak unemployment rate of 11.2 per cent in 1992.

But Treasury's estimates show the unemployment rate would be much higher, and peak at 15 per cent, had the Government not intervened with the $130 billion wage subsidy program known as Jobkeeper.

As such I would expect state sponsorship lists that are going to be produced on one July of this year to have much fewer occupations than in previous years.

It’s not all doom and gloom though, the general skilled migration visa program which has an annual quota of 41,620 requires one to obtain a positive skills assessment and certain English language test and attain a certain level of English-language ability and these initial steps can take 6 to 8 months for the average client.

Whilst I can see that the state sponsorship lists for the immigration year commencing 1 July 2020 will be significantly shorter I can foresee much longer lists in the immigration year commencing 1 July 2021.

Even on conservative estimates we would have a covid 19 vaccine by then and while a rebounding Australian economy will initially re-employ unemployed Australians I think that these lists will incorporate a number of occupations for several reasons.

International students – the Australian economy is heavily reliant upon international students to support the tertiary education sector in Australia. It represents a $38 billion boost to the economy and many of the state governments offer state sponsorship programs to those studying in Australia and obtaining tertiary qualifications. As such occupations appearing on state sponsorship lists act as an inducement or carrot to those choosing to study in Australia because they don’t need to rely upon employers to nominate them for visas.

Many of those in Australia on temporary visas such as work visas would have left Australia and returned to their home countries as a consequence of losing their jobs and as our economy expands in 2021 not all Australians will be able to fill these jobs.

The nature of the Australian economy is going to be different. I don’t think that Australia will ever return to an economy of government subsidised mass production (the days of automobile assembly in Australia are well and truly gone) but at the same time I think that the government does foresee a need for an Australia that is more self-reliant in certain key areas. I can see occupations relating to life sciences, research and development, technology, manufacture of pharmaceuticals and medical related products, farm production and food technologists all receiving increased government funding and it would be nice to see start-ups in these areas perhaps enjoying tax breaks in other words governments picking winners and supporting them.

There are going to be massive government infrastructure projects that flow on to stimulate the economy and the scope and scale of these infrastructure projects will mean that certain skill sets will need to be imported from overseas.

As to when economic activity picks up in Australia very much depends upon whether you adopt a managed return to work along the lines that schools reopen end of April, work constraints relaxed in May and certain community activities resume fully in September. This model accepts that you will have some covid 19 flare-ups and as a consequence a higher mortality rate but the cost to the economy is substantially less than the alternative model of eradicating the virus entirely which seems to be New Zealand’s model.

New Zealand’s model seems to be eradication of the virus entirely, presumably once a vaccine has been developed and adopting a closed border approach and severe restrictions on the type of economic activity until such time as the virus is eradicated. The number of lives saved is much higher but the economic consequences more dire.

We also have a federation of states in Australia and whilst there are certain decisions that are in the domain of the federal government such as the opening of national borders our state premiers do have a large role to play in the type of economic and social activity permitted in each state and as different states in Australia have different rates of infection we may see some states with lower rates of infection adopting a more rapid return to normal economic activity sooner than others.

My crystal ball wasn’t that effective during the global financial crisis and I don’t know how effective is going to be through the Covid 19 crisis (perhaps it would have been more reliable if made in Australia) but I am of the opinion that if you don’t foresee things getting better in your home country and you do intend to immigrate to Australia you need to pursue a strategy that will ultimately secure permanent residence in this country.

General skilled migration visas still represent a very useful immigration strategy and because of the lead in time before you can apply for state sponsorship is in the region of six – eight months and because the economy in Australia is forecast to rebound in a v shaped way (sharp brief drop but sharp expansion) I believe you need to undertake the foundation phases now so that when the economy does rebound next year you will be in a better position to take advantage of the increased opportunities for state sponsorship.

 


AU COVID-19 Updates

Posted by Myer on April 8, 2020, 11:07 a.m. in Australia

https://covid19.homeaffairs.gov.au/australian-citizen-or-permanent-resident

2 October 2020 -

Victoria will continue nominating skilled and business migrants, until they fill our interim nomination places, even beyond the initial cutoff period of 5 October.

Victoria’s interim allocation for 2020-21 were:
- 600 places for skilled subclass 190
- 200 places for skilled subclass 491
- 400 places for the business innovation and investment program

 

Once Victoria receives confirmation of its full 2020-21 nomination allocations for the skilled and business migration programs, they will be in a position to reopen their visa nomination programs.

29 September -

Queensland has now opened its Business and skilled migration program from Tuesday 29 September 2020 until Monday 5 October 2020. 

While they are open for 1 week, if you don’t get invited, or don’t meet the requirements, the budget is announced on the 6 Oct and we expect to see the program to cater for far more candidates, both in and out of Australia. These guidelines are temporary only.

Nomination guidelines

Business Program 

With limited allocations, BSMQ will only nominate:

  • high-quality applications related to the COVID-19 economic recovery, or
  • businesses that focus on productive investment and job creation, or
  • businesses that have a regional investment focus within the business program.

 Skilled Program

With limited allocations, QLD will only nominate applicants critical to the effort in response to the COVID-19 pandemic:

  • in medical services, or
  • in maintaining the supply of essential goods and services, or
  • in delivering services in sectors critical to Australia’s economic recovery.

 

  • Open only to those living in Queensland.

21 September -

Concessions for meeting the requirements for subclass 887, 888 and 485 visas.

Some concessions have now been made for subclass 887 applications. These relate to a concession period, which is from 1 Feb 2020 until such time the minister decides it ends. We expect this to be when the borders reopen.

These concessions include:

  • allow provisional visa holders and former provisional visa holders (whose visas expired during a concession period) to apply for a Subclass 887 visa while outside Australia during a concession period;
  • allow Subclass 887 visas to be granted to applicants who are outside Australia;
  • provide provisional visa holders and former provisional visa holders (whose visas expired during a concession period) with a concession toward the requirement to live for two years in a specified regional area. The applicant is taken to have lived in a specified regional area for six months (or a longer period specified in a legislative instrument) if the applicant was outside Australia during a concession period and made the application during the concession period;
  • reduce the requirement for full-time work in a specified regional area from 12 months to nine months (or a shorter period specified in a legislative instrument) if the applicant held a provisional visa during a concession period and the application is made no later than three months after the end of the concession period; and
  • The reference above to provisional visas is a reference to the Subclass 489 visa and to four skilled visas which previously provided a pathway to the Subclass 887 visa but are now closed to new applications being the Subclass 475 visa, the Subclass 487 visa, the Subclass 495 visa and the Subclass 496 visa.

There are also some concessions for the business skills 188 visa holders:

  • allow applications for a Subclass 888 visa to be made by a former Subclass 188 visa holder whose visa ceased during a concession period when travel was restricted due to the COVID-19 pandemic as long as the application is made no more than 3 months after the end of the concession period;
  • ensure that holders and former holders of a Subclass 188 visa who are not able to meet the requirements to hold a visa, or not able to meet the Australian residency requirements for a Subclass 888 visa, as a result of COVID-19 travel restrictions, are still able to apply for and be granted the visa if certain requirements are met;
  • allow former holders of a Subclass 188 visa in the Business Innovation stream (qualifying visa), who held the visa during a concession period, to apply for a Subclass 188 visa in the Business Innovation Extension stream as long as the qualifying visa was granted before 1 July 2019 and the application is made no more than 3 months after the end of the concession period;
  • allow Subclass 188 visa holders and former holders affected by COVID-19 travel restrictions to apply for up to two Subclass 188 visas in the Business Innovation Extension stream (previously only one visa extension is available);
  • modify the investment requirements for applicants for a Subclass 888 visa in the Investor stream who hold or held a Subclass 188 visa granted before 1 July 2019, so that investments can be withdrawn or cancelled during a concession period where the holder of a Subclass 188 visa in the Investor stream has met the requirement to live in Australia for two years;
  • modify the investment requirements for applicants for a Subclass 888 visa in the Significant Investor stream who hold or held a Subclass 188 visa granted before 1 July 2019, so that they are able to withdraw or cancel their balancing investment component during a concession period, while maintaining their investment component in venture capital and emerging companies;
  • as a consequential amendment, amend the primary criteria for the Subclass 188 visa in the Significant Investor Extension stream so that applicants who first held a Subclass 188 visa granted before 1 July 2019 are not prevented from accessing the visa if they have withdrawn or cancelled investments in accordance with the concession above; and
  • ensure that visa holders whose visa is subject to a condition requiring them to hold an investment throughout the visa period are still able to comply with the condition after withdrawing or cancelling investments under the new arrangements.

And finally some concessions for 485 graduate visas:

  • allow applicants to apply for a Subclass 485 visa while in or outside Australia during a concession period;
  • allow applications to be made outside Australia during a concession period without the usual requirement to have held a student visa within the six month period immediately before making the application; and
  • extend the period to meet the Australian Study Requirement from six months to 12 months for applicants prevented from returning to Australia due to COVID-19 travel restrictions during all or part of the period commencing on 1 February 2020 and ending on 19 September 2020;
  • allow applicants to be granted a Subclass 485 visa while in or outside Australia during a concession period; and
  • allow applicants that applied for a SC 485 outside Australia during a concession period to be granted a sc 485 visa in or outside of Australia even if the concession period has ended.

 

Depending on how long the borders remain closed, the concessions could change. But this is welcome news to many who were affected by the border closures. 


10 September -

2020-21 State and Territory Interim Nomination Allocations

A small number of places have been allocated to the States and Territories for Subclasses 190 and 491 nominations and the Business Innovation and Investment classes up until the Federal Budget on 6 October 2020.

The specific number of interim allocated places for each State and Territory for subclasses 190, 491 and the Business Innovation and Investment program are below:

 

State & Territory 

sc 190 

sc 491 & 489 

BIIP 

ACT

250

45

4

NSW

550

150

200

VIC

600

200

400

QLD

200

200

160

NT

80

80

5

WA

200

40

70

SA

300

600

180

TAS

250

400

5

Total 

2430 

1715 

1024 

Further inbound travel exemptions announced

Australia is now allowing Business Innovation and Investment subclass 188 visa holders to enter Australia.

Currently those who are exempt from requiring individual exemptions are:

 

  • an Australian citizen
  • a permanent resident of Australia
  • an immediate family member of an Australian citizen or permanent resident*
  • a New Zealand citizen usually resident in Australia and their immediate family members
  • a diplomat accredited to Australia (holding a subclass 995 visa)
  • a traveller transiting Australia for 72 hours or less
  • airline crew
  • maritime crew including marine pilots
  • recruited under the Government approved Seasonal Worker Program or Pacific Labour Scheme
  • holder of a Business Innovation and Investment (subclass 188) visa 

3 September -

Victoria will be opening the skilled visa nomination program (subclass 190 and 491) on Tuesday 8 September, 2020.  

The program will be an interim measure until the budget is released on 6 October, much the same with the other state governments. To be eligible to apply for Victorian nomination, you must: 

 

  • be currently living in Victoria, and 
  • be currently employed in Victoria (minimum six months), and 
  • work in a highly skilled occupation in health or medical research, which supports Victoria’s economic recovery and/or health response 

2 September -

Priority Migration Skilled Occupation List (PMSOL) announced

The Government has announced a new Priority Migration Skilled Occupation List (PMSOL) of 17 occupations that will allow people with these skills to enter Australia to assist in the country's COVID recovery.

It is expected that businesses who are sponsoring these occupations will be able to do so under the TSS 482 or the ENS 186 visa classes.

Visa holders, who have been sponsored by an Australia business in a PMSOL occupation can request an exemption from Australia’s travel restrictions, but will be subject to a strict 14 days quarantine on arrival at their own expense.” 

The 17 occupations (ANZSCO code) are: 

 

• Chief Executive or Managing Director (111111)
• Construction Project Manager (133111)
• Mechanical Engineer (233512)
• General Practitioner (253111)
• Resident Medical Officer (253112)
• Psychiatrist (253411)
• Medical Practitioner nec (253999)
• Midwife (254111)
• Registered Nurse (Aged Care) (254412)
• Registered Nurse (Critical Care and Emergency) (254415)
• Registered Nurse (Medical) (254418)
• Registered Nurse (Mental Health) (254422)
• Registered Nurse (Perioperative) (254423)
• Registered Nurses nec (254499)
• Developer Programmer (261312)
• Software Engineer (261313)
• Maintenance Planner (312911)

1 September - 

NSW has just made an announcement regarding their interim program. As with other states, NSW has been provided a limited number of interim nomination places for the 2020–21 financial year.

Business and investor visas

Potential business and investor applicants will be selected by invitation only.

Skilled visas 

 

Invitation rounds will commence shortly for subclass 190 visa nomination. In line with Home Affairs' direction, applicants in selected health, ICT and engineering occupations, and who currently reside in NSW will be invited. 

20 August -

The ACT has finally opened their skilled migration program. As promised, it is very compromised and they are limiting invitations to those whose occupation is on the critical skills list and living in the ACT. 

If you don’t live in the ACT, they you need to wait until October when the budget is announced and a far greater number of allocations are issued to the state governments. The ACT has finally opened their skilled migration program. As promised, it is very compromised and they are limiting invitations to those whose occupation is on the critical skills list and living in the ACT.

If you don’t live in the ACT, they you need to wait until October when the budget is announced and a far greater number of allocations are issued to the state governments.

17 August -

Victoria has posted an update on their skilled program. They too have been provided with a limited number of visa nomination places until the Federal Budget is delivered on 6 October 2020.

They are preparing to re-open with new policies and nomination criteria to support Victoria’s economic recovery and the public health response.

As with the other state governments, the nominations will be restricted to occupations in the critical care sectors:

  • Providing critical or specialist medical services, including air ambulance, medical evacuations and delivering critical medical supplies
  • with critical skills required to maintain the supply of essential goods and services (such as in medical technology, critical infrastructure, telecommunications, engineering and mining, supply chain logistics, agricultural technology, food production, and the maritime industry)
  • delivering services in sectors critical to Australia’s economic recovery (such as financial technology, large scale manufacturing, film and television production and emerging technology), where no Australian worker is available

12 August -

We have received an update on the current state allocations for the General Skilled Migration program.

The government has allocated a small number of places to each state and territory, and the focus will be on occupations in critical sectors. They haven’t stated which occupations will be available and the individual state and territory governments will be arranging their lists within the following guidelines: 

  • Providing critical and specialist medical services, including air ambulance, medical evacuations and delivering critical medical supplies
  • with critical skills required to maintain the supply of essential goods and services (such as in medical technology, critical infrastructure, telecommunications, engineering and mining, supply chain logistics, agricultural technology, food production, and the maritime industry
  • delivering services in sections critical to Australia's economic recovery (such as financial technology, large scale manufacturing, film and television production and emerging technology), where no Australian worker is avaliable.

The small number will be in place until the government announces the budget in October, where they will release the immigration program numbers for the follow year. We expect that all occupations on the skills list will be made available to the state and territory governments, as well as a greater number of places allocated by the government.

 None of this will likely impact on the strategy we have devised for you as this is just an interim measure put in place until October when we expect a greater number of places to be made available under the state sponsorship program.

9 July -

The Director, Migration Assistance Policy Section, Immigration Policy Framework Branch, Immigration and Community Protection Policy Division,  Immigration and Settlement Services Group from the Department of Home Affairs has provided this update surrounding the immigration program:

The State and Territory nominated visa programs will play an important part in Australia’s economic recovery and continue to be a part of the Migration Program. The Australian Government is considering how best to shape the Migration Program into the future to drive economic growth and support job creation. Nominations will be made available to States and Territories in line with these considerations, in the following categories:

·         Skilled – Nominated (subclass 190).

·         Skilled Employer Sponsored Regional (Provisional) (subclass 491).

·         Business Innovation and Investment Program.

With regard to the invitation rounds for Skilled Independent (subclass 189) and Skilled Work Regional (Provisional) (Family Sponsored) (subclass 491), the Government is closely monitoring migration and visa settings to ensure they are consistent with public health measures, are flexible and do not displace job opportunities for Australians so that Australia can deal with the immediate and post recovery impacts of COVID-19. Targeted invitation rounds have continued each month and prioritise skills which are in critical need and will aid Australia’s economic recovery. 

 

7 April - COVID-19 (Coronavirus) - First entry to Australia

The Department has made some allowances with regards to the subclasses below under the General skilled migration category, namely those who have been approved visas and are yet to make their first entry into Australia.

Once your visa is approved, you are given a date by which you must make your first entry. Given the current travel bans, it may not be possible for some of you to make the first entry.

If you can't make the entry to Australia before the expiry of the first entry date, you will need to take the attached information sheet with you when you travel to Australia. The Department can cancel visas if you don't make your first entry date, however they won't seek to do this if you hold one of the visas below.

We don't know how long after the first entry date expires the Department will allow you to enter, so we strongly suggest that once the travel ban has been lifted , and your first entry date has expired, and that you make your trip to Australia as soon as you can. 

?  Skilled Independent (subclass 189)

?  Skilled Nominated (subclass 190)

?  Skilled Regional (subclass 489)

?  Skilled Work Regional (subclass 491)

This information applies to visa holders who were outside of Australia when their visa was granted.

Requests for information

Some services relating to the visa application process may be impacted by COVID-19 and a range of services we rely on are increasingly unavailable.

This includes overseas panel doctors and visa medical appointments, English language testing facilities, and biometric collection.

You will be given additional time to complete checks and provide requested information. 

Processing and allocation times – Subclass 887 visa

We are currently assessing 887 visa applications submitted before November 2018

7 April - QLD Nomination Criteria

BSMQ has made following announcement for the Bridging Visa holders: s48 bar unable to lodge due to entry ban. These are applicants who have had a visa refused or cancelled since our last entry into Australia.

If an applicant is currently on a bridging visa and has been invited to lodge documents with BSMQ for a subclass 491 visa, they must notify Business and Skilled Migration Queensland of any past visa refusals or cancellations.

If an applicant has received a visa refusal or cancellation whilst on a bridging visa, they are likely to be subject to a section 48 bar which means they are unable to lodge a state nominated visa (and most other visas) onshore.

Unfortunately, during the COVID-19 pandemic, it not possible to go offshore to lodge a visa application, and then return to Australia.

This is because there is an entry ban on temporary visa holders returning to Australia at this time. If you are section 48 barred, BSMQ is unable to nominate for a subclass s491 visa and request that the application be withdrawn.

It may be possible to submit an EOI again at a later date once the entry ban is lifted if Queensland criteria continues to be met.

6 April - Temporary Skilled Visa Holders

There are around 139,000 temporary skilled visa holders, on either a 2 year or 4 year visa. They were provided the visa to fill a skills shortage - a shortage that may still be present when the crisis has passed.

Consequently, those visa holders who have been stood down, but not laid off, will maintain their visa validity and businesses will have the opportunity to extend their visa as per normal arrangements. Businesses will also be able to reduce the hours of the visa holder without the person being in breach of their visa conditions.

These visa holders will also be able to access up to $10,000 of their superannuation this financial year. Those visa holders who have been laid off due to the coronavirus should leave the country in line with their existing visa conditions if they are unable to secure a new sponsor. However, should a 4-year visa holder re-employed  after the coronavirus pandemic their time already spent in Australia will count towards their permanent residence skilled work experience requirements.

2 April - PTE Academic COVID-19 update and Free childcare for Australian essential workforce

The Pearsons testing centres have announced a suspension if testing centres until future notice due to the COVID-19 outbreak. Some centres are still open but restrict the number of test takers for each session. A full list of locations and information about testing is avaliable here.

The Prime minister announced free childcare for Australian parents to ensure essential workers can continue their roles.

From next week, childcare centres will be able to access Commonwealth funding equal to 50 per cent of their pre-COVID-19 revenue (up the existin hourly rate cap) in addition to JobKeeper payments to retain employees, where eligible.

30 March - Wage Subsidy Announced By Australian Government

The Federal Government announced an AU$1,500 fortnightly wage subsidy.The subsidy is an integral part of the $130 billion economic stimulus package announced by the Australian Government in response to the coronavirus. 

Although the payment is to be made to employers there is a legal obligation on employers to ensure they pass on the full wage subsidy to employees.

It will be backdated to include anyone who has been stood down due to coronavirus. Treasurer Josh Frydenberg said the JobKeeper scheme would benefit the hardest-hit sectors.

"This $1,500 payment is a flat payment and is the equivalent of around 70 per cent of the median wage and represents about 100 per cent of of the median wage in those sectors most heavily impacted by the coronavirus like retail, like hospitality and tourism," he said.

To be eligible, an employee must be an Australian citizen, the holder of a permanent visa or a Special Category (Subclass 444) Visa Holder. It's not extended to those on temporary visas such as subclass 482 work visas

27 MARCH - Vetassess Trades - alternative interview assessments

VETASSESS is to conduct Technical Interview assessments by online video conferencing during the coronavirus (COVID-19) outbreak commencing 1 April.

This applies to assessments for non-licensed occupations as opposed to licensed occupations. It means the Technical Interviews can be conducted outside a VETASSESS-approved venue such as in the applicant’s workplace or home. 

26 MARCH - COVID-19

Australia has chosen not to go into total lockdown to flatten our curve. Most state borders have been closed and of course our national borders as well.

We are thankful though that the Department of Home Affairs is still processing visas as are skills assessing authorities. State Governments are also still processing state sponsorship applications.

We are fortunate that some time ago we put into place systems that enable us to work remotely and even though my colleagues and I have, for the past week, been working from home we are able to still effectively process applications as they are filed electronically.

When people used to ask why I don’t have branch offices abroad I used to joke that I could do my job from Mars if I had a good Internet connection. I never thought that I might have to test that theory one day :-)

The vast majority of our clients are overseas and don’t need to travel to Australia for the purposes of securing employment to process their General Skilled Migration Visas.

The Prime Minister has tried to limit the damage to the economy by implementing a range of policies aimed at socially distancing Australians without going into total lockdown. It’s a controversial decision and many Australians (myself included) believe that the economic fallout would be sharper but of shorter duration were we to go into total lockdown.

The Government’s thinking is that the vast majority of Covid 19 cases in Australia are as a result of international travellers arriving in Australia and the closure of our borders and the social distancing measures will help to flatten the curve whilst at the same time causing minimum damage to the economy.

Only time will tell whether this is the correct strategy but given the length of time it takes to process a General Skilled Migration Visa application (approximately 18 months) and given that migrants are given 12 months to then visit Australia most of our clients are thinking longer term.

We will continue to use this blog to update you on developments.

 


A Bird in the Hand is Worth Two in the Bush

Posted by Myer on Jan. 24, 2020, 9:31 a.m. in Australia

These days those wanting to immigrate to Australia are increasingly having to compromise on the type of visa they apply for and having to “settle” for a visa that affords lesser rights than those that they would ideally prefer to have. This has prompted me to use the expression mentioned in the title of this blog more and more these days in consultation with those wanting to immigrate to Australia.

So many people express a preference for the points tested skilled independent visa (189 PR visa), perhaps because a friend or family member had used this visa to immigrate to Australia in the past. Or because they like the thought of a visa that doesn’t require ‘sponsorship’ of any kind, is valid for five years and enables one to immigrate to any part of Australia. When put like that, what’s not to like?

These days however obtaining a 189 visa is a bit like attending a Mexican party, having too many tequilas and trying to hit the piñata with a blindfold. In other words, very difficult to predict the required points score, and even more difficult to obtain.

The points for the 189 PR visa sit around 95, which is almost impossible for most people. It has almost been designed for those that have studied in Australia. Australia has provided incentives to international students to study in Australia by giving them certain bonus points for study towards an Australian degree, points for study in regional Australia, completion of a professional work year, and points for one year of work experience in Australia.

 It’s very difficult for anyone else based overseas who hasn’t studied in Australia to compete with the point scores that these onshore international students could potentially obtain. As a result highly qualified and experienced skilled migrants with maximum points for age, english, and work experiences simply cannot get the points required.

Part of the problem is that 42% percent of the annual quota of 189 visas has been allocated to regional state-sponsored visas, and because the 189 visa is a function of limited supply and high demand passmarks have reached impossibly high levels. Four years ago we were successfully processing significant numbers of clients for 189 visas at 60 points, today one needs a minimum of 95 points.

I don’t think that anyone should be contemplating a move to Australia expecting a subclass 189 visa and should always rely on our “backup plan”. That plan is a state-sponsored visa as it is the most likely option as these visas have a fixed pass mark of 65 points (although some states will insist upon higher point scores for certain occupations before they agree to sponsor).

There are essentially two state-sponsored visas the subclass 190 visa and the subclass 491 visa. The first is a permanent resident visa (just like the 189) and the second is what we call ‘work to residence or temporary residence).

The 190 visa allows one to live and work anywhere in Australia although an undertaking is made to the sponsoring state to live and work in that state for a period of two years.

The 491 visa is a regionally sponsored visa with conditions. These include the requirement to live and work in regional Australia (any part of Australia excluding metropolitan Sydney, Melbourne and Brisbane) and work for a period of three years earning a minimum gross income of AU$53,900 for each of those three years before one can then apply for permanent residence. The permanent residence process is not overly complicated nor prolonged.

State sponsorship of the 491 visa is worth more points and perhaps more significantly, increasingly many more states will sponsor occupations for the 491 visa than the 190 visa. It’s generally therefore an “easier” visa to obtain.

Given the fact that the 189 visa is off the table for most applicants and given a choice of state-sponsored visas, most applicants would of course prefer the 190 visa rather than the more restrictive 491 visa. The question arises how long is one prepared to wait for either a 189 or 190 visa when the 491 visa is the one that is more readily available because it’s the easier one to obtain.

At what point do you decide to take the bird in the hand (the 491 visa) as opposed to hoping, for hope is what you are signing up for, for one of the other two types of general skilled migration visa?

The 491 visa allows you to live and work anywhere in Australia that is regarded as regional (and regional should not be confused with rural). Each member of the family unit is covered for state funded healthcare (Medicare), children can attend primary and secondary schools at the same rates that Australian citizens can and both spouses have full work rights. There is no requirement for the main applicant to work at all, let alone work in their ‘nominated occupation.

I think the 491 visa should be seriously considered, if only because for many people in 2020, it is the only credible option. The reality is many of our clients don’t want to live in the larger cities of Melbourne, Sydney and Brisbane. One reason is property prices are considerably higher in these cities (the median house price in Melbourne is AU$850,000 and in Sydney the median house costs 11 times the median salary). Both Melbourne and Sydeny are groaning under the pressure of too many people so the smaller capital cities (with between 1 million and two million people - we aren’t talking villages here) offer a superior work/life balance. Adelaide, Canberra, Gold Coast, Perth and Hobart (to mention a few) are regarded as ‘regional’ under the policy.

In fact the 491 shouldn’t be called a ‘regional’ visa, it should be called a ‘stay from the Big 3’ visa.

Many Australians are opting to move out of the ‘big 3’ cities to take advantage of all that regional Australia has to offer, so we suggest our clients do likewise - if the priority is to secure a future in Australia.

At the end of the day the visa that you apply for has to meet your objectives and if it is your intention to settle in Melbourne, Sydney or Brisbane, the 491 visa is not for you. Equally the possibilities of being allowed to settle in one of the big three cities is being increasingly restricted by design.

If you want a visa that provides a definitive pathway to permanent residence and gets you to Australia in the shortest possible time the 491 certainly is our 'go to' option these days as it very much represents little and to us is 'the bird in your hand'.


State Sponsorship Chess – mate

Posted by Myer on Nov. 29, 2019, 2:39 p.m. in Australia

We always explain to clients when we meet them that the eligibility we describe in that initial assessment is not in fact a description of their eligibility today but a snapshot of their future eligibility. Why? Because there are generally months of work, English exams and third party applications that must be completed before any Visa can be filed for Australia. And it is only when an application is filed that the clock stops. Changes from that day forward should not impact them.

The past two weeks have served to illustrate that specific point with the advent of a new range of points for those seeking to live permanently in Australia.

As we have written about before the Federal Government is increasingly devolving the power to decide which skilled migrants get residence of Australia to the State and Territorial Government.

Applicants are left then having to please two masters.

Each State has its own list of occupations it wishes to support, its own quotas of each occupation and its own criteria for each occupation.

Whilst the pass mark to secure a general skilled migration visa is set to remain at 65 points (according to the Federal Government) its clear that many more people are going to be meeting that general pass mark and to quote John F. Kennedy, ‘a rising tide lifts all boats’. Most applicants will now be able to score between 5 and 25 more points than before the recent changes.

What isn’t changing is national (federal) quotas but there sure as heck is going to be an awful lot more people going scoring more than 65 points than was previously the case.

In an environment where the Federal Government is seeking to cut levels of migration it leads to only one conclusion, which is paradoxical - if you give more people more points how do you cut numbers when you don’t increase the pass mark?

Answer? The State Governments will be forced to change their own criteria. We are already seeing some evidence of that.

State governments have, even prior these changes, been feeling the pressure under the State nomination program (too many applicants, not enough places).

We are in no doubt that this pressure will increase notwithstanding the additional 14,000 extra places available for the newly created 491 (5-year work to residence) regional Visa. These additional places aren’t, in my opinion, sufficient to cope with what will be many more applicants capable of scoring more than 65 points.

Prior to the November 16 changes we often saw State governments open and close State nomination programs within 24 hours of the new immigration year beginning on 1 July.

Just this past week we saw Queensland open and fill (then close) their entire annual quota for the 190 (permanent resident visa) within 24 hours. You snooze you lose.

Clearly States are under pressure with a limited number of places available and an almost insatiable demand on the part of migrants for these places as they are pushed in the direction of the States by the Federal Government.

States then find themselves in a difficult situation. They have to balance the needs of the local economy by making sure that the migrants they are sponsoring are satisfying the skills needed by employers in their State whilst still providing pathways for some international students to use the State nomination system to obtain permanent residence.

As to how States achieve this balancing act is yet to be seen but we fully expect, and are starting to see evidence of additional and new requirements being added (or planned) for specific occupations.

For example, Tradesmen are in demand in most locations but most Tradesmen cannot score even 65 points let alone more. We predict that those sorts of occupations will not have to satisfy other criteria and the States will keep things relatively simply for this group.

Other occupations however might, as an example, have a minimum number of years of work experience in that occupation added (we saw at least one State recently add, as a minimum, three years of work whereas previously they did not), or demand a higher than ‘standard’ English.

So it is clear that some occupations that are heavily oversubscribed such as ICT occupations will face higher thresholds to secure state support

Whilst our challenge as consultants is to try and anticipate which occupations might appear on State lists with our clients in mind, so too do State governments have to balance a range of competing interests in drafting their own lists.

We are in close contact with most of the decision makers in the more popular States and we have a good handle on the direction the process is heading, even if they themselves have not yet worked out all the details.

It is our job to keep our clients at the front of the pack chasing state nomination given it is increasingly the only of securing visas for most people and the relationships we have built up with the state decision makers is critical in maintaining that advantage.

Boris Johnson has repeatedly expressed admiration for Australia’s points test in his UK election campaign and one can only hope that he designs a point system that is more transparent than Australia’s system unless of course he enjoys playing chess.

Tags: Australia

Australia wants Tradesmen (from November)

Posted by Myer on Sept. 27, 2019, 3:28 p.m. in Australia

Tradesmen or Tradies as they are known in Australia are going to be one of the types of occupations to be major beneficiaries from some of the changes to be made to general skilled migration visa policy on 16 November. Three weeks of consultations in South Africa have made it abundantly clear that it will be easier for Tradies to qualify for state-sponsored regional (work to residence) visas in Australia.

 

On 16 November the Australian government will introduce a new general skilled migration visa called the subclass 491 visa. It replaces the 489 visa and is essentially a state-sponsored provisional regional visa that does not require one to have a job offer. It’s not a permanent residence visa but leads to permanent residence when you satisfy the conditions of the 491 visa. It is essentially a work to residence visa where one is sponsored by a state government as opposed to an employer.

One needs to score 65 points for a general skilled migration visa and it has traditionally been difficult for tradesmen to reach this score. That, our analysis suggests, will change in November.

That’s principally because their qualifications, unlike degrees are only worth 10 points and not 15 and also because the English language test is academic in nature and not technical and most of the tradesmen are blessed with technical expertise. The point being we all have different strengths.

I once went on a golfing trip with some of my friends. We all had different occupations including lawyer, plumber, cardiologist and accountant. The external putter sleeve popped out of it’s mooring on my golf bag and the accountant, cardiologist and I tried for about 15 minutes to reconnect the sleeve at which point I had resigned myself to having to buy another golf bag when the plumber walked up, bent the putter tube and popped it into it’s mooring. We looked at him as if he had just walked on water.

I offer the example above as to how different occupations have different skill sets and ways to solve problems.

From November state sponsorship for the state-sponsored provisional (work to residence) regional visa is going to be worth 15 points as opposed to the current 10 points.

To give you a practical example if you use the example of a 35 year old plumber with at least 11 years of experience in the trade with average English-language ability he would, under current policy score the following points:

Age 25 points

Trade qualification 10 points

Work experience in the nominated trade occupation – 15 for eight or more years of work experience after considered suitably skilled

English-language – 0 points for competent English, 10 points for proficient English and 20 points for superior English. It’s not particularly easy to get 10 points for proficient English because points are given for the lowest of the four bands (reading, writing, listening and speaking) and not the overall score.

State sponsorship/support – 10 points for the state-sponsored provisional regional visa.

Total potential score = is 60 points which is 5 short of the current pass mark of 65 required to secure the visa.

Unless the electrician obtained 10 points for their English-language ability - a high bar which most cannot achieve - it’s not that common for tradesmen to reach this score because of the reasons mentioned above.

From November of this year however state sponsorship for this type of visa is worth 15 points and not 10 which means that our electrician could still obtain 0 points for English-language but reach the threshold of 65 points.

Australia is looking for tradies and that’s why their occupations appear on so many of the state government occupation ‘wish lists’, it’s just until now the government hasn’t been able to draft an immigration policy capable of providing them with a pathway to residence.

The biggest benefit of a general skilled migration visa is that it gives the holder full work rights as well as his spouse or partner if he has one and children can attend government schools without paying international student fees. With fewer employers wanting to “sponsor” workers for work visas the general skilled migration visa greatly improves employability. Tradesmen only have to search on recruitment related websites such as seek.com.au to see the vast number of jobs available for tradies. The ’chicken and egg’ still exists (no work visa no job but no job without the visa) - most employers and recruiters want applicants to have visas with work rights such as general skilled migration visas. This can really only be broken by being prepared to travel to Australia and stay till that one employer willing to play the visa game is found.

This type of general skilled migration visa isn’t a permanent residence visa but leads to permanent residence once our electrician lives in “regional” Australia for a period of three years (of a five year period) and earns an annual salary of AUD53,900 for each of those three years which isn’t a very high salary in Australia. 

On this type of visa you can’t live and work in metropolitan areas of Perth, Sydney, Melbourne, Brisbane and Gold Coast but the rest of Australia from November will be regarded as regional including many state capitals including Adelaide, Hobart, Canberra and Darwin (if you’re brave enough). Many of the tradesmen that I consulted with in South Africa are living in regional parts of South Africa and many of them wouldn’t want to live in the Metropolitan areas mentioned above and face higher property prices, higher cost of living and increased congestion and they wouldn’t see living in regional Australia as a hardship.

One of the most frequent comments I get from people is that they don’t want to immigrate on a “risky” visa where they might face the prospect of having to return home if things don’t work out. The type of general skilled migration visa I’m referring to isn’t particularly “risky” because of the very few requirements that have to be satisfied to progress to permanent residence. It might be somewhat restrictive as to where you can live and work until you acquire permanent residence but it’s not particularly risky.

Ever since the November changes were announced earlier on this year I felt that these changes were largely implemented to benefit occupations such as Tradies, overrepresented in terms of occupations appearing on state sponsorship lists but largely underrepresented in terms of visa approvals for general skilled migration visas. This imbalance is going to be corrected with the November changes.

Tags: Australia

The Great Australian Visa Lolly Scramble

Posted by Myer on July 13, 2019, 12:09 a.m. in Australia

Last week South Australia released their new state sponsorship list and what ensued can only be described as a visa lolly scramble.

Most people in Australia and New Zealand know what a lolly scramble is but in order to explain it I turned to the fountain of all (web-based) knowledge Wikipedia and they described it as “a children’s party game in Australia and New Zealand, in which candies are scattered on the floor and children scramble to get their share.” They also described the phrase used outside of New Zealand to be uttered when hitting one's friend in the testicles. With friends like these who needs enemies, right? 

For the record I’m very pro-South Australia both as an immigration destination as well as a state sponsorship program. They sponsor the most diverse range of occupations, the criteria for state sponsorship are transparent and they have some interesting and innovative pathways to obtaining state sponsorship that most other states don’t have.

So it pains me to write a blog that might be critical of their State migration program but last week’s events would have been worthy of a Quentin Tarantino script.

South Australia is generally amongst the first states to produce their state sponsorship list at the commencement of the immigration year (1 July) and we received notification that the list would be open mid-afternoon on Tuesday 2 July.

Before one can submit a state sponsorship application on behalf of a client you need a positive skills assessment and English-language tests and to make sure that the applicant scores sufficient points for the visa type applied for and some occupations face higher point scores in order to obtain state sponsorship than others.

In the weeks prior to 1 July we obtained all the relevant documentation from clients of ours interested in migrating to South Australia and made sure that we had all of this documentation on hand in preparation for the release of the state sponsorship lists because no state government (including South Australia) ever releases the annual quota of a particular occupation that they will sponsor. As soon as that quota is filled the occupation is closed and one has to wait for the next immigration year or alternatively see if another state would sponsor your occupation.

We were are all acutely aware of the importance of being first to submit a client’s state sponsorship application and compete with applicants and agents all around the world because in previous years some occupations appeared as unavailable for state sponsorship within minutes of the lists publication so in that heightened mood of anticipation we eagerly awaited the publication of the list.

The list of occupations did not disappoint, loaded with a wide variety of occupations but within minutes of the portal becoming live the website crashed. At regular intervals over the next 24 hours we attempted to submit state sponsorship applications and I even took the precaution of sleeping with my phone next to my bed and asked a client in South Africa to check throughout our Melbourne night (South African day) and call me if the site became live again.

At approximately 4:30 PM Melbourne time the next afternoon, without any warning the portal for submitting state sponsorship applications became available and we spent the next four hours submitting as many state sponsorship applications as possible, especially for those occupations at risk of not appearing on other state sponsorship lists.

The submission of a state sponsorship application requires one to complete a six page online application (that cannot be pre-populated with information) and uploading various supporting documents. A good organized consultant can submit an application in 20 to 30 minutes.

We managed to submit 11 out of 12 potential applications which was an exceptionally good effort under the circumstances.

There is nothing fundamentally wrong with this process of accepting state sponsorship applications and it is preferable to the New South Wales “black hole” system of ranking expressions of interest in terms of points and inviting the highest scoring (without releasing any other information about time frames, point scores of competing applicants et cetera) or Victoria’s system of sponsoring the most employable (in their opinion) of applicants or the ACT points matrix (and no this doesn’t involve Keanu Reeves).

Perhaps South Australia just needs a more robust IT infrastructure (I have several excellent clients I could refer them to that just need state sponsorship) but some of my newer staff that haven’t experienced the great South Australia lolly scramble were looking for some reassurance that this type of thing only happens once a year.

Given the fact that the federal government has as its stated immigration plan to encourage regional migration and as Adelaide is the largest regional city South Australia has much to gain through the changes to the general skilled migration visa program to be implemented on 16 November.

Hopefully by one July of next year they won’t have a system that feels like a game of lolly scramble outside of New Zealand.

- Myer Lipschitz, Melbourne Office


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