NEW PRIORITY MIGRATION SKILLED OCCUPATION LIST (PMSOL)
A new PRIORITY MIGRATION SKILLED OCCUPATION LIST (PMSOL) has been announced in order to allow sponsored skilled workers to return to Australia, fulfilling urgent skill needs in critical sectors and helping rebuild Australian economy.
The critical sectors included in the new PMSOL are healthcare, construction and IT; skilled workers who are sponsored in one of the PMSOL occupations, can get a travel exemption to move to Australia, but they must observe a 14 days quarantine once here (at their expenses).
Employers must advertise their vacancy in two national advertisements (included the Government’s jobactive website).
The 17 occupations in the PMSOL are:
- Chief Executive or Managing Director
- Construction Project Manager
- Mechanical Engineer
- General Practitioner
- Resident Medical Officer
- Psychiatrist
- Medical Practitioner nec
- Midwife
- Registered Nurse (Aged Care)
- Registered Nurse (Critical Care and Emergency)
- Registered Nurse (Medical)
- Registered Nurse (Mental Health)
- Registered Nurse (Perioperative)
- Registered Nurses nec
- Developer Programmer
- Software Engineer
- Maintenance Planner
CRITICAL COVID-19 WORK IN THE HEALTHCARE AND MEDICAL SECTORS TO COUNT AS SPECIFIED WORK
The Department of Home Affairs has announced changes to the Working Holiday Visa program.
Working holiday makers, who have worked in critical healthcare and medical sectors in response to the COVID-19 emergency, will now be able to count work undertaken after January 31, 2020 as specified work to apply for a second and third working holiday visa.
Changes will also be made to allow those who had a working holiday visa and then switched to a COVID-19 pandemic event visa subclass 408, to continue doing critical COVID-19 works in the health and medical sectors, which will count as specific work for the purpose of a 2nd or 3rd WHM visa.
To make these changes effective, regulation amendments are required. Further updates will be available soon.
VISA FEE WAIVER FOR STUDENTS AFFECTED BY COVID-19
To support the recovery of the international education sector in Australia, a new student visa visa fee waiver has been introduced.
A NIL (= $0) visa fee will be available for international students who need to lodge an additional student visa application, to complete their studies.
International students who held a student visa on or after the 1st of February 2020 and who were unable to complete their studies within their original visa, due to covid-19, will be eligible for the new visa fee waiver.
Students must:
apply for a new student visa after midnight on 5 August 2020
attach a 1545 COVID-19 IMPACTED STUDENT form, provided by their educational institution.
Students can be onshore or offshore. The visa fee waiver applies to new student visa applications only.
DEPARTMENT TO RESUME OFFSHORE STUDENT VISA PROCESSING
The Morrison government has announced changes to the student visa arrangements in order to support international students who are struggling due to the current COVID-19 situation. The education sector represents the Australian third largest export, contributing $40 billion dollars annually.
Five main changes have been announced:
1) The government will resume granting student visas to offshore applicants. This means that when the borders re-open, students will already have visas and will be able to make arrangements to travel.
2) International students will be able to submit an additional student visa application for free, if they are unable to complete their studies within the validity of the original visa due to COVID-19.
3) Current student visa holders, studying online outside of Australia due to COVID-19, will be able to use that study to count for a post-study work visa subclass 485.
4) Graduates holding a student visa will be able to apply for a post-study work visa outside Australia if they are unable to return due to COVID-19.
5) Additional time will be given to applicants to provide English language results, if COVID-19 has stopped the access to these services.
Please note that some of the above points will require amendments to the current legislation to become effective.
408 VISA - COVID STREAM / CHANGES AND UPDATES
On 22 April 2020 important changes have been made to the online visa application form and a F.A.Q. released by the Department of Home Affairs to shed some light on the actual visa purpose. Very interestingly the Department has clarified that this visa subclass will be dedicated not only to those who can contribute with their skills to critical sectors to this COVID 19 crisis but also a last resort for those unable to give the same contribute and “simply” unable to depart Australia.
So, who can apply for the 408 visa - covid stream
1. Applicants in Australia
2. On a temporary visa expiring in 28 days or less OR expired by less than 28 days. Temporary visas include people on a bridging visa, but NOT people s48 barred (in short: people who had a visa cancelled or refused).
3. Unable to depart Australia
and, EITHER
4a. Working (or with offer of employment) in critical sectors (subject to review critical sectors today: agriculture, food processing, health care, aged care, disability care and childcare) or
4b. NOT WORKING or working in non critical sectors extend their current visa or apply for another temporary visa
It's important to understand that applying on 4a or 4b grounds can lead to different visa length and visa conditions.
People employed in critical sectors will obtain a visa of up to one year with full work rights. Also consider that they will be subject to condition 8107 = they must perform the declared activities and can't simply start doing another job or their visa could be subject to cancellation.
People applying with NO EMPLOYMENT (or employment offer) or with employment in non critical sectors can obtain a visa of up to 6 months* with - (apparently - not clear if there will be a specific condition or not) NO WORK rights.
There is no VISA application charge nor subsequent temporary application charge for this visa.
There are other requirements that apply to this visa, such as health insurance, health evidence, GTE, financial support, therefore the support of an immigration agent is highly recommended.
* The applicant will need to explain why they are unable to depart and the date they expect they will be able to leave Australia, therefore the visa expiry date could be the date declared by the applicant.
CHANGES TO THE OCCUPATIONS LISTS - MARCH 2020
The planned changes to the occupations lists of March 2020 will occur after the Department of Employment, Skills, Small and Family Business will have taken into consideration public submissions among the other factors.
A list of flagged occupations (proposed for a change and/or recommended a salary caveat) has just been published. Occupations that are not included in the list are unlikely to see any changes.
The following occupations, currently in the STSOL are proposed for removal from the list:
Careers Counsellor, Vehicle Trimmer, Business Machine Mechanic, Animal Attendants and Trainers nec, Gardener (General), Hairdresser, Wood Machinist, Massage Therapist, Community Worker, Diving Instructor (Open Water), Gymnastics Coach or Instructor.
The occupations below are proposed for a change of list from MLTSSL to STSOL:
Automotive Electrician, Motorcycle Mechanic, Locksmith, Painting Trades Worker, Glazier, Wall and Floor Tiler, Cabinetmaker
On the contrary, the following occupations might be transferred from STSOL to MLTSSL:
Sales and Marketing Manager (with a salary caveat of $120,000), ICT Project Manager (includes Blockchain Planner/Manager), Information and Organisation Professionals nec (includes Data Scientist), Insurance Loss Adjuster
From ROL to STSOL:
Post Office Manager, Mechanical Engineering Draftsperson, Real Estate Representative
From TSOL to ROL:
Geologist
From ROL to MLTSSL:
Procurement Manager, Ship's Master
Added to STSOL:
Corporate Treasurer, Aged or Disabled Carer , Nursing Support Worker, Personal Care Assistant
Last but not least, the occupations below are proposed a salary caveat of $65,000:
Baker, Pastrycook, Horse Trainer , Fitter and Turner, Sportspersons nec, Poultry Farmer.
Do not hesitate to contact us for further information
WESTERN AUSTRALIA MIGRATION - GRADUATE OCCUPATION LIST RELEASED
The WA government has released the occupation lists for people choosing to study in Western Australia.
The lists will apply to applicants of subclasses 190 and 491.
Interestingly, not only people studying higher education but also those who choose a VET or ELICOS course (minimum length 2 years - selected education providers) can join this program.
Moreover, the studies undertaken don’t need to be relevant with the chosen occupation.
Main requirement for this stream are:
The applicant must demonstrate a minimum of 6 months of Australian work experience in the nominated occupation;
The applicant must have at list a 6 month employment contract in the nominated occupation in WA
Contact us for further information.
CHILD CARE CENTRE MANAGERS - CHANGE OF ASSESSING AUTHORITY
LIN 19/260 has specified the assessing authorities for the new subclass 494 visa in the employer sponsored stream starting from 16 November 2019.
Among the very few changes ONE BIG change is happening for students enrolled in the Early Childhood Education and Care Diploma that will also affect applicants of other visa programs such as the subclass 485 Post Graduate visa.
As a result of a change in the assessing authority (from TRA to ACECQA), students who have just finished their course will not meet the criteria for a positive skills assessment with the position of
CHILD CARE CENTRE MANAGER
Previously, a Diploma in Early Childhood Education and Care and 360 hours of work experience/ work placement were enough to obtain a positive outcome for the PSA (provisional skills assessment), therefore to meet the main requirement for the grant of the 485 visa GRADUATE WORK stream.
As of 16 November 2019, only applicants who can demonstrate at least 3 years of full time relevant work experience after the mentioned diploma can obtain a positive (full) skills assessment with ACECQA.
Unless ACECQA created a “simplified” process for 485 visa applicants similarly to what TRA has done so far, this is really bad news for all those who had planned a migration pathway based on this course of study/occupation.
If you want to understand more about this changes and how they can affect you,
contact us to book a professional consultation.
16 November 2019 - The new rules start today
As announced widely,
Saturday 16 November represents a new stepping stone for Australian Immigration.
Changes to a number of visa programs, such as the skilled visas 189, 190, 489 and the abolishment of the 489 and 187 (regional) visas replaced by the 491 and the 494 visa respectively, start today.
Get in touch if you wish to be updated on these changes and understand how they can affect you or give you a chance to achieve permanent residency in Australia.
NEW 494 VISA LEGISLATIVE INSTRUMENT
It is no secret that the 494 visa will replace the 187 visa starting from 16 November 2019.
Several changes are made to the old program with the new definition of regional areas being probably the major one: Perth and the Gold Coast will be, in fact, regional and eligible areas for such visa.
Nearly 700 eligible occupations will pave the way for thousands of prospective migrants aiming at achieving permanent residency in Australia.
Similarly to the obsolete 187 visa, the new 494 visa will require the applicants to:
Have a nominating employer
Have a positive skills assessment in their nominated occupation
Have at least 3 years of experience in the nominated position (after qualification/skilled date)
Have competent English (IELTS 6 each band or equivalent test)
It is a 2 stage process, with the 494 visa granted for 5 years and the applicant potentially eligible for permanent residency through the 191 visa after 3 years WITHOUT being nominated by an employer.
Want to know more? Contact us.
GOLD COAST WILL BE REGIONAL AREA
Following the announcement on Perth reinstated as regional area, the Gold Coast too, according to a joint media release with the Hon Scott Morrison MP, Prime Minister, the Hon Alan Tudge MP and the Hon Dan Tehan MP, will become regional as of 16 November 2019.
The regional cap for skilled regional visa places has been increased by 2,000 units, from 23,000 to 25,000.
Perth Regional status reinstated
As of 16 November 2019, Perth “regional” status will be reinstated.
This will bring a number of benefits to people migrating to Western Australia such as:
Obtain eligibility for an an additional year on a Subclass 485 Temporary Graduate visa;
Additional 5 points when applying for a skilled visa (18/190/491);
Perth residents can sponsor their skilled relatives for the family stream of the 491 visa
We will release further updates when available.
Student visas - Increase to financial capacity
With the just released legislative instrument 19/198 the Department of Home Affairs has reviewed,
as of tomorrow 24th October,
the requested evidence of financial capacity for student visa applicants.
Not all student visa applications require the applicants to show evidence of funds, however, the Department of Home Affairs has the right to request such evidence.
The previous figures are updated as follows.
Student visa applicant must have access to:
$21,041 for a primary applicant (currently $20,290)
$7,362 for a spouse or de facto partner (currently $7,100)
$3,152 for a dependent child (currently $3,040)
Annual school costs (unchanged)
The Department will be satisfied that the requirement is met where the applicant can demonstrate an annual income of $62,222 (currently $60,000) where there is one only applicant;
$72,592 (currently $70,000) where there is a secondary applicant.
Make sure you meet the above requirement among the others before lodging your student visa application or ask for professional advice.
Temporary Skills Shortage 482 visa - Policy update
The Department of Home Affairs has just released an update to the Subclass 482 (short term stream) policy about the length of the employment contract. It is now specified that the contract of employment that is one of the requirements for the “Nomination” stage “…cannot be longer than the maximum period of stay for a TSS visa” (2 years).
A little detail of huge impact since the refusal of a nomination can determine the loss of the ever-increasing application fees (SAF levy included).
For a safe visa application, always hire a registered migration agent.
Far North Queensland DAMA rolled out
It’s now official, the Far North Queensland DAMA is operative with its 70 occupations in the list.
Similarly to the other DAMA, this DAMA will allow:
Pathway to Permanent Residency for most of the occupations
English language ability concession for several occupations (TSS 482 stage only with no concessions for ENS - permanent stage)
Salary concession for several occupations
Concession for qualifications and experience for some occupations
Further information can be found here:
https://www.cairnschamber.com.au/fnq-dama
The occupation list can be found here:
March 2020 - Skilled occupation list review
Save the date: March 2020
This is when, according to the Department of employment, the new skilled occupation lists are due to be released.
The process will start with the interested stakeholders, industries and groups around the country meeting to learn about current labour market and skills shortages. This will eventually result in occupations being REMOVED from the lists, ADDED or CHANGED between MLTSSL and STSOL.
Not only will these changes be of vital importance to prospective visa applicants, BUT ALSO for current 457/482 visa holders who are NOT SUBJECT to the transitional arrangements.