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Australian Visa & Immigration Seminar courtesy of the Newcomers Network

Presented by Fred Molloy

MARN: 0853698

September 23, 2010

Menzies Hotel, Sydney

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AGENDA1. Introduction of Konnecting2. Purpose, Assumptions & Focus of Seminars3. Australian Immigration, Skills Shortages, Aging Population4. Main Visa Categories5. Processing Priorities6. Skilled Occupation Lists ( SOL’s )

7. GSM :a. Independent & Family Sponsoredb. State Sponsored via State Migration Plans

8. GSM Points Test (Current)9. State Migration Plans

10. Employer Sponsored a. Temporary 457b. Permanent Sponsored ENS ( & RMS )

11. Tourist – Working Holiday & Work & Holiday12. Students13. Spouse14. Others15. Pathways to Permanent Residence ( PR )16. Questions? Further information?

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1. INTRODUCTION OF KONNECTINGSkilled Migration & Recruitment Consultant Services

• To Migrants – Visa Services

• For Employers – Recruitment Services

• Konnecting both Employers & Migrants where possible

• Education Advice

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• Overview of Australia Visa System.

• Assume most are on WHV, 457 or Spouse.

• Therefore focus of today’s session is GSM and

Employer Visas.

• Disclaimer: Information in this presentation is

generic and subject to change. Please seek

individual advise unique to your circumstances.

• IRMAP Document: Information on the

Regulation of the Migration Advice Profession

included in handouts.

2. PURPOSE, ASSUMPTIONS & FOCUS

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3. AUSTRALIAN IMMIGRATION, SKILLS SHORTAGES, AGING POPULATION

• Change of Immigration Minister

• Change of Government Policy?

• More Focus on Regional Migration

• New Points Test & State Migration Plans

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3.1 Where Skilled Migration Program is Heading?

DIAC have advised this year of the following direction they may be following for skilled migration :• Move from a supply driven program dominated by unsponsored

applicants with the wrong skills and abilities to a demand driven program.

This may result in :

A reduction in independent general skilled migrants (i.e. Unsponsored)

An increase in employer and state/territory nominated skilled migrants. More opportunities for 457 visa holders to become permanent onshore. Some overall adjustment in permanent program. Some change in the education sector and the choices of international

students.

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Migration Planning Levels

Category2007-08

Outcome2008-09

Outcome2009-10

Planning Levels2010-11

Planning Levels

Total Family 49 870 56 370 60 300 54 550

EmployerSponsored

23 760 38 030 35 000 44 150

Skilled Independent

55 890 44 590 41 600 35 200

State/TerritorySponsored

7 530 14 060 11 200 23 000

Skilled Australian Sponsored

14 580 10 500 12 300 3 500

Others 7 000 7 770 8 300 8 300

TOTAL PROGRAM 158 630 171 320 168 700 168 700

Note: Excludes humanitarian and temporary visas. Source: DIAC

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ANNUAL LABOUR FORCE PROJECTIONS

Source: DIAC; NOM = Net Overseas Migration

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4. MAIN VISA CATEGORIES

• GSM

Onshore vs. OffshoreIndependent vs. Sponsored (Regional government or relative)

• Employer Sponsored Workers

Temporary 457 working visaPermanent ENS employer sponsored visa (standard vs. regional)

• Working Holiday / Tourist• Student• Spouse• Business / Investment• Others

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5. PROCESSING PRIORITIES FORPERMANENT GSM VISAS

1. Employer Nomination Scheme (ENS) and the Regional ENS (RSMS)

2. Application under state migration plan (SOL Schedule 4)

3. Occupation SOL – Schedule 3 (includes relative sponsor and old State sponsored lodged)

4. All other skilled applicants to be processed in the order they are received

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• New SOL counts 181 occupations (400 previously)

• Many trade/marketing/business occupations have disappeared from the SOL

• Mostly Engineers, Medical Professionals & Specialists, Nurses, Teacher, Accountant, Architect, Some IT, Some Trades

• ENS or 457 visa have different occupation list which offer more opportunities

• SOL based on ANZSCO occupations from 1st July 2010, may have to apply for re-assessment and change code

6. SKILLED OCCUPATION LIST (SOL) –CONFUSED ?

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6.1 WHICH SOL?

For GSM now 4 Skilled Occupation Lists (SOLs). There is also a new ENSOL & 457 List. All list are now in ANZSCO codes.

SCHEDULE 1 – GSM already lodged pre July 1, 2010;

SCHEDULE 2 – The transitional arrangements for Onshore Students or Recent Graduate Visa Holder (on 485 visa);

SCHEDULE 3 – For all other applicants for a GSM visa made after July 1, (i.e. Subclass 175 and 885 visas), except for those under Sch 2 & Sch 4;

SCHEDULE 4 – Under State Migration Plans (SMP), (i.e. Subclasses 176, 886, 475 and 487).(This doesn’t apply to applicants for those Subclasses who are sponsored by relatives)

The Employer Nomination Scheme Occupation List (ENSOL), applies for ENS applicants

Subclass 457 and Subclass 442 (Occupational Trainee) SOLs

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7. GSM VISAS – points tested

Category Pass Mark

Skilled – Independent – Offshore Migrant Visa (Subclass 175) 120

Skilled – Independent – Onshore Residence Visa (Subclass 885) 120

Skilled - Sponsored – Offshore Migrant Visa (Subclass 176) 100

Skilled – Sponsored – Onshore Residence Visa (Subclass 886) 100

Skilled – Regional Sponsored (Subclass 475 & 487) 100

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8. POINTS TEST (new Points test to be announced soon....hopefully)

RECENT EMPLOYMENT EXPERIENCEMust have worked in SOL occupation for the last 12 months immediately

preceding the application. For Trades this is in your nominated occupation.

This is a minimum requirement for GSM.

SKILLED OCCUPATION ASSESSMENT Pass Mark

Skills & Qualifications assessed in 60 Point Occupation 60 Points

Skills & Qualifications assessed in 50 Point Occupation 50 Points

Skills & Qualifications assessed in 40 Point Occupation 40 Points

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AGE Pass Mark

18 - 29 30 Points

30 - 34 25 Points

35 - 39 20 Points

40 - 44 15 Points

45+ (Cannot apply under current legislation) 0 Points

ENGLISH LANGUAGE ABILITY Pass Mark

Proficient English (7 in IELTS) 25 Points

Competent English (6 in IELTS) 15 Points

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OVERALL EMPLOYMENT EXPERIENCE

Employed in a 60 Point Occupation (or closely related) for 36 months of the 48 months immediately preceding the application; Or

10 Points

Employed in any skilled occupation for 36 months of the 48 months immediately preceding the application, or 50 or 40 Point Occupation

5 Points

AUSTRALIAN EMPLOYMENT EXPERIENCE

Employed in your nominated skilled occupation (or closely related) in Australia for 12 months of the 48 months immediately preceding the application; Or

10 Points

Employed in a Professional Year (SMIPA) in Australia in your nominated skilled occupation (or closely related) in Australia being 12 months of the 48 months immediately preceding application

10 Points

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AUSTRALIAN QUALIFICATIONS

Doctorate/PhD taking at least ‘2 years’ full-time study 25 Points

3 Years Study resulting from an Undergraduate Degree (at least 1 year) followed by a Master or Honours Degree (at least 1 year)

15 Points

Undergraduate Degree with Honours (at least 3 years)15 Points

Applicant meets the ‘2 year’ Study Requirement 5 Points

STUDY IN REGIONAL OR LOW POPULATION GROWTH AREA OF AUSTRALIA

If applicant lived and studied in Regional Area meeting the"2 Year" Study Requirement

5 Points

DESIGNATED LANGUAGE

Qualification equivalent to Australian Degree in Designated Language or Accredited Translator by NAATI in Designated Language

5 Points

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PARTNER POINTS

If main applicant's partner is <45 years of age, threshold English, Skilled Occupation; and either has 12 months from last 24 months work experience or meets the '2 year study requirement'

5 Points

STATE OR TERRITORY NOMINATION

If nominated by a State or Territory Government, and the nomination has been approved by the Minister

10 Points

If applying for a Skilled-Regional Sponsored (Subclass 475 or 487 Visa Only, then extra Points may be available.

DESIGNATED AREA SPONSORSHIP

If sponsored by an Australian relative, who is usually resident in a Designated Area and the sponsorship has been approved by the Minister

25 Points

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9. STATE SPONSORED VIA STATE MIGRATION PLANS

• State Migration Plans – Set to be a key part of GSM program

– Developed by State/Territory governments and include occupations that are in demand in each individual state and territory

– Each state migration plan is approved by the Minister for Immigration and Citizenship

– However, little information available now.

• State sponsored visa– Not accepting new application from various states. Wait for re-

open announcement

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10. EMPLOYER SPONSORED10.1 TEMPORARY 457 – up to 4 years / 3 steps process

A. Sponsorship by an Australian business or overseas – sponsor commitment (training benchmark) and obligation

1. Training benchmark: commitment to train Australian staff, expenditure 1% of payroll or 2% to industry fund

2. Main Obligation: – Payment of return travel if requested in writing– Notification of cessation of employment within 10 days– Payment by Sponsor of fees and costs to become a sponsor

B. Nomination for a skilled position– Skilled position (457 occupation list)– Minimum & Market Salary level

C. Visa 457 for foreign applicant and family – skill assessment and IELTS test if required,– meet qualification, skill and registration requirement

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10.1.1 457 Issues for Employers:

• Sponsor commitment and obligation.

• Training benchmark: commitment to train Australian staff,

A. expenditure 1% of payroll; or

B. 2% to industry fund

• Sponsorship Obligations:

A. Payment of return travel if requested in writing

B. Notification of cessation of employment within 10 days

C. Payment by Sponsor of fees and costs to become a

sponsor

• Employment of Australian/PR Employees.

• Market Salary Rates:

A. Minimum Salary Rates AUD$47,480 ($65,020 for IT)

B. Temporary Skilled Migration Income Threshold (TSMIT)

C. Onus on employer to provide evidence of market salary

for same nominated occupation in same location.

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10.1.2 457 Issues for Employees:

• Must meet the skill level (qualifications and/or experience)

• No English Requirement (IELTS) unless trade occupation or for

Registration

• Medical Insurance compulsory

• Living Away from Home Allowance (LAFHA) at employers

discretion

• Can change employer (under certain circumstances)

• Possible pathway to PR?

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10.2 PERMANENT SPONSORED ENS (& RSMS) – 2 Steps Process

A. Employer Nominates a position:

Lawful operation

Genuine need for a skilled employee

Training strategy & training plan

Position

full-time, ongoing 3 years +

equal working conditions

highly skilled occupation (on ENSOL List)

meet the minimum salary level for ENS.

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B. Employee Eligibility for the Nominated Position

Demonstrated Skills, Education & Experience for the position

(per ANZSCO Code)

Main Criteria:

Worked Fulltime in the Nominated Occupation for last 2 years

including 1 year with the nominating employer; or

Nominated Position is paid over $165k; or

Skills Assessment + 3 years work experience in the Nominated

Occupation.

Under 45 years old

Vocational English (i.e. 5 in each IELTS Band score).

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Main Issues of ENS :

A. Highest Priority Processing for GSM PR

B. Onshore ENS (Subclass 856) vs. Offshore ENS

(Subclass 121)?

C. English Language requirement 5 in each band of IELTS

(Waivers possible)

D. Under 45 years of age (Waiver possible)

E. Position offered for min 3 years

F. No Training benchmarks or Market Salary Rates

G. Once Visa approved - PR

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11. STUDENTS

Types - Subclassesa. 571 ELICOS

b. 572 Schoolsc. 573 Vocational Education & Training (VET)d. 574 Postgraduate Research

Assessment Levels Work Rights – 20 Hours per week during session Spouse Work Rights – same as Student (except Masters –

unlimited work rights) Intention to Study Pathway to Permanent Residence (risks?)

Graduate Visa

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12. TOURIST VISAS12.1.1 WORKING HOLIDAY• 1 Year with possibility of 2nd Year if 3 months ‘seasonal/harvest

work’

• Age 18 - 30 years of age• Must apply offshore• Work 6 months with each employer• Eligible Passports :

A-F G-L M-Z

BelgiumCanadaCyprus, Republic ofDenmarkEstoniaFinlandFrance

GermanyHong Kong SARIreland, Republic ofItalyJapanKorea, Republic of

MaltaNetherlandsNorwaySwedenTaiwanUnited Kingdom

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12.1.2 WORK & HOLIDAY VISAS

• No 2nd Year

• Age 18 - 30 years of age• Work 6 months with each employer• Must apply offshore• Eligible Passports:

A-F G-L M-Z

BangladeshChileIndonesia

IranMalaysiaThailand

TurkeyUnited State

12.1.3 OTHER TOURIST

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13. SPOUSE

14. OTHERS

Sponsor is Australian Citizen, PR or eligible NZ Citizen

Onshore or Offshore (except Fiancé visa)

Eligible for Medicare (except Fiancé visa)

Temporary up to 2 years

Permanent if relationship over 5 years or child in relationship

Can apply for same sex relationships

14.1 Many others including child, parent, remaining relative etc.

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15. PATHWAYS TO PERMANENT RESIDENCE (PR)

• Study for 2 years?

• WHV to 457

• Student to 457

• 457 to ENS (after 2 years or other criteria)

• Regional Visa?

• GSM to ENS?

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16. Questions? Further information? Free Assessment of your Visa Options with Konnecting?

Contact Us:

Website: www.konnecting.com

Email: migrate@konnecting.com

Phone: 1300 131 131 or (02) 8252 2525

Address: Suite 1406, Level 14, 447 Kent Street,Sydney 2000

Postal Address: PO Box 21042, World Square, NSW 2002

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