Getting Down under » australia

New Skilled Occupation List April 2010

Mark — Sat, 13 Mar 2010 05:40:11 +0000

Jason Cameron, one of the Registered Migration Agents who regularly contributes in our forums recently posted a link to the new Skills Occupation List stating : Anyone interested in future skilled occupation list mid this year can gain some insight into the occupations that Skills Australia are proposing/considering. You can find the draft list on page 87 of the following link.

Philip Bullock, chair of Skills Australia introduces the document as part of ‘a National Workforce Development Strategy for Australia, stating the objective to sustain economic growth, avoid future skills shortages and raise productivity by increasing and deepening the skills of Australia’s workforce.

You can read the full document by clicking on the following link: New Skilled Occupations List 2010

The new SOL got a mixed result within our forums and we’d be interested to get your own views by posting a comment below.

New Critical Skills List (CSL) Published

Mark — Mon, 08 Mar 2010 02:41:14 +0000

The Australian Department of Immigration and Citizenship (DIAC) updated the Critical Skills List this weekend with many computer professionals breathing a huge sigh of relief!

When the DIAC announced changes to the Australian immigration procedures on the 8th February, the Migration Occupations in Demand List became defunct. This left many people with occupations previously in the MODL in the dark about their chances of a successful Australian visa application.

Computer professionals had to have an occupation listed in the MODL in order to qualify for the CSL. With the MODL gone this was now impossible to achieve. Thankfully for many of these IT professionals, their quandary is now over as the CSL includes many computing occupations on the list.

Among the other key industries seeking skilled workers for jobs in Australia are healthcare, engineering, surveyors and fitters.

To view the full list, please click here.

Important Note:

DIAC hasn’t updated the footer on this document yet. DIAC’s webmaster has been contacted to advise so even though the list suggests it’s from March 2009, it is in fact the most current list.

Australian skilled migrants are highly paid professionals

Mark — Mon, 22 Feb 2010 09:45:11 +0000

Almost 90 per cent of temporary skilled migrants who were granted Subclass 457 visas in 2009-10 to date are managers and professional workers, new figures show.

The average total salary package for all new Australian temporary skilled migrant workers is almost $100,000 – an increase of $10,000 on the same time last year.

The highest paid workers on a Subclass 457 Australia visa were in the mining industry, with an average total remuneration of $169,000, followed by the financial and insurance services sector at $127,600.

Temporary skilled overseas workers in Western Australia were the highest paid with an average total remuneration of $114 800, followed by New South Wales ($101,100), Queensland ($97,900), Victoria ($94,200), Tasmania ($94,100), Northern Territory ($85,500), ACT ($83,600) and South Australia ($81,700).

The summary report also showed a quarter of all primary visa applications granted have been to citizens of the United Kingdom with 15 per cent to citizens of India and eight per cent to US citizens.

Registered nurses, doctors and computing professionals are the top occupations for primary Australian visa grants.

The Australian Immigration Minister Chris Evans said in a statement that these latest figures show that the Subclass 457 visa program is responding to the changes made by the Rudd Government to protect local jobs.

Thanks to the Visa Bureau for this article.

GSM Points Test Review Discussion Paper Released

Mark — Tue, 16 Feb 2010 10:25:38 +0000

As a result of the recent General Skilled Migration (GSM) changes we wrote about on the 8th of February, a review of the GSM Points Test is to be undertaken in the first half of 2010 and a discussion paper will be placed on the department’s website for public comment until 12 March 2010.

The discussion paper has now been published and an excerpt of the paper is provided below:

The review of the General Skilled Migration (GSM) Points Test is part of a comprehensive reform of the skilled migration program. The Government has agreed on the following important principles which should underpin a new Points Test:

it should contribute to the selection of applicants who offer the most human capital and will therefore make the optimal contribution to Australia’s demographic and economic future;
it should not preclude very good applicants from offshore or in Australia, including former international students;
it should be able to operate flexibly under both current arrangements and any new arrangements for skilled migrant selection;
it should enable applicants with high value attributes across a number of areas such as English language ability, academic qualifications and work experience, to achieve the maximum number of points; and
it should not give undue weight to any one factor, so as to avoid distortions in the program arising from applicants seeking to meet that factor.

Consultation Process

This Discussion Paper has been developed on the basis of initial discussions with key Commonwealth, State and Territory Government, industry and union stakeholders. It is now being provided for broader public comment.

The Department of Immigration and Citizenship is required to report to Government on the outcomes of this Review in May 2010. It is expected that any decisions of Government concerning the future of the Points Test in the GSM program will be implemented as soon as possible.

Please submit your suggestions or comments to the Assistant Secretary, Labour Market Branch at independent.skilled@immi.gov.au by 12 March 2010.

Purpose

The purpose of this Discussion Paper is to:

examine the effectiveness of the current Points Test in identifying potential migrants who will make the optimal contribution in terms of what the Treasury’s Intergenerational Report identifies as the three critical elements in addressing Australia’s future economic challenges: the number of people of working age (population), the proportion of people in work (participation), and the gross domestic product per hour worked (productivity), the “Three Ps”;
examine the role of the Points Test in the context of the current skilled migration reform agenda; and
generate discussion surrounding the selection factors relevant to meeting the agreed principles of a new Points Test.

To promote discussion, this paper avoids suggesting a single preferred solution or outcome to the Points Test Review. Instead, it seeks input on a number of key features of the Points Test.

You can read the full discussion paper by clicking here. Please remember to send your comments to independent.skilled@immi.gov.au by 12 March 2010. Make your comments heard!

General Skilled Migration changes and their impact on international students

Mark — Tue, 09 Feb 2010 10:44:55 +0000

The Australian Minister for Immigration yesterday announced significant changes to the General Skilled Migration (GSM) program.

Changes include:

Cap and Cease of offshore GSM applications lodged before 1 September 2007
A new Skilled Occupations List (SOL) to come into effect in mid 2010
Abolition of the Migration Occupations in Demand List (MODL)
Revocation of Critical Skills List (CSL) from mid 2010
Changes to Processing Priorities and introduction of new State Sponsorship arrangements
Pre 1 Jan 2010 Trade Skills Assessments will be accepted by DIAC from 1st Quarter 2010

Many of these changes have transitional provisions to ensure that the impact on international students studying in Australia are minimised.

Cap and Cease of Offshore GSM Applications Lodged Prior to 1 September 2007

The cap and cease provisions apply only to offshore applications – they will not affect onshore applications lodged by international students prior to 1 September 2007.

New Skilled Occupations List (SOL)

A new Skilled Occupations List (SOL) is to be introduced by mid 2010. The list should be available by 30 April 2010, and will come into effect by mid 2010.

The result will most likely be a much shorter list. If your occupation is not on the new SOL, you will only be able to apply for a state or territory nominated GSM visa.

However, there are generous transitional provisions for international students studying in Australia. In particular, you will not be affected by the changes if:

You have already applied for a permanent or provisional GSM visa prior to 8 February 2010; or
You have already applied for or been granted a subclass 485 Graduate Skilled visa prior to 8 February 2010, and lodge your permanent or provisional GSM visa application prior to 31 December 2012.

If you are in Australia on a student visa as of 8 February 2010, then you can apply for a skilled graduate visa in any occupation on the current SOL, but must then apply for a permanent or provisional skilled visa in an occupation on the new SOL.

At this time, it is not clear if the new SOL will apply to permanent and provisional skilled visas lodged after 8 February and before the new SOL comes into effect.

Abolition of Migration Occupations in Demand List (MODL)

The MODL is to be abolished, but this process will be staged so that the impact on applicants. In particular, if you have applied for your permanent or provisional GSM visa prior to 8 February 2010, you will not be affected.

International students who have applied for or been granted their skilled graduate subclass 485 visas as of 8 February 2010 will not be affected either, providing they lodge their permanent or provisional GSM application by 31 December 2012

The changes are unlikely to affect eligibility of students completing vocational courses such as cookery or hairdressing in Australia. Such applicants would in general look at completing work experience in Australia after completion of their studies in any case, and this would generally mean that they would have sufficient points to qualify.

Revocation of Critical Skills List (CSL)

The Critical Skills List (CSL) is a list of occupations in short supply which receive priority processing in the GSM program. Applicants who have occupations on the CSL are processed ahead of applicants in any other occupation. Unless you have an occupation on the CSL it will take a minimum of 2-3 years for the application to be processed. The list was introduced in January 2009, and now is to be revoked. The date of this change coming into effect is likely to be mid 2010, when the new SOL comes into effect.

Changes to Processing Priorities

Processing priorities for GSM applications remain essentially unchanged, except that applications which have been lodged under an approved “State Migration Plan” will have the highest priority of any GSM application.

Pre 1 Jan 2010 Trade Skills Assessments to be Accepted by DIAC

The Minister has also announced that people who had their skills assessed in a trade occupation prior to 1 January 2010 will be able to use these skills assessments in applying for skilled migration.

The result of the change is that people who have had their skills assessed in a trade under the previous requirements (for TRA – a certificate III and 900 hours of work experience in the trade) will now be able to lodge for permanent residence without needing to go through the Job Ready Program. This is a great outcome for students who have already applied for their skilled graduate subclass 485 visas, but the change is not yet in place and should be implemented in the first quarter of 2010.

Upcoming Review of GSM Points Test

The Minister also announced that the GSM points test is under review. A discussion paper will be released shortly, and the review should be completed in the first half of 2010. The intention of the review is to ensure selection of “high calibre applicants” so we could see some further significant changes when it is introduced in mid 2010.

Changes to the program may also mean that quotas apply to certain occupations on the SOL.

Conclusion

The changes announced today are very significant, but their impact on international students currently studying in Australia and applying for onshore GSM visas has been minimised as far as possible. However, applicants lodging offshore skilled visas have been affected significantly.

Thanks to Mark Webster at Acacia Immigration Australia who contributed this artilce.

Changes to the General Skilled Migration Program Annouced

Mark — Mon, 08 Feb 2010 03:59:36 +0000

Today, the Minister for Immigration and Citizenship, Senator Chris Evans, announced a number of changes to the General Skilled Migration program.

Let’s look at the key changes. We’ll cover these changes in more detail further on in this article.

Offshore General Skilled Migration Visa Applications made before the 1^st September 2007 will be capped and then ceased.
The current Critical Skills List (CSL) will be revoked and will be replaced by a new Skilled Occupations List (SOL) effective from the middle of 2010.
The current Migration Occupations in Demand List (MODL) will be revoked and replaced with the same (and more targeted) Skilled Occupations List.
The General Skilled Migration (GSM) Points Test will be reviewed to evaluate the effectiveness of the current test.
New priority processing arrangements will be introduced for certain skilled migration visas.

Quite a lot to take in huh? We’ll try to break down the changes into a little more detail and as always, if you get stuck or have any further questions then feel free to pop into our forums.

1. Offshore General Skilled Migration Visa Applications made before the 1st September 2007 will be capped and then ceased.

OK, first things first and for many applicants (around 20,000 in fact) it’s not good news. In changes aimed at making skilled migration more responsive to Australia’s needs, all general skilled migration applications lodged before September 1, 2007 (when English and work experience requirements were, in theory easier), will have their applications withdrawn and application fees totalling $14 million refunded.

The Australian Government see this as ‘ending the ongoing uncertainty’ for offshore General Skilled Migrants although for many I’m sure it is the news they were dreading the most even if it does mean that the Visa Application Charge (VAC) is refunded.

On a more positive note applicants who have had their Visa Application revoked can still apply for any of the current GSM visa subclasses although they should be mindful of the need to meet the current legislative requirements which have changed significantly since 2007.

2. The current Critical Skills List (CSL) will be revoked and will be replaced by a new Skilled Occupations List (SOL) effective from the middle of 2010.

As part of today’s announcement, the government is looking to abolish the current list of Critical Skills, which contains 106 occupations.

For some time now the Australian Government has suggested that the CSL was always an interim measure whilst the Migration Occupations in Demand List (MODL) review was being undertaken. For the first time however they’ve now set a target date of replacing the CSL with a new Skilled Occupations List which will become effective from the middle of 2010.

It is expected that the new SOL will be available for review by the 30^th April 2010 with priority processing arrangements for applications with nominated occupations on the current CSL continuing until they are reviewed in Mid 2010.

3. The current Migration Occupations in Demand List (MODL) will be revoked and replaced with the same (and more targeted) Skilled Occupations List.

As with the CSL, today’s announcement will also see the removal of the current Migration Occupations in Demand List (MODL). The revocation of the current MODL will not affect applicants sponsored by an Australian employer, nor will it affect applicants who, at the date of this announcement (8^th February 2010)

hold a Skilled- Graduate (subclass 485) visa, or have a pending subclass 485 visa application and are yet to apply for a permanent or provisional General Skilled Migration (GSM visa), or
have a pending GSM visa application

It’s also worth noting that the new SOL will not apply to people applying for a Skilled-Graduate (subclass 485) visa who at 8^th February 2010 hold a:

Vocational Education and Training (subclass 572) visa.
Higher Education Sector (subclass 573) visa
Postgraduate Research Sector (subclass 574) visa.

Having said that, these student visa holders will still be required to have an occupation on the new SOL to apply for a permanent GSM Visa.

4. The General Skilled Migration (GSM) Points Test will be reviewed to evaluate the effectiveness of the current test.

The GSM Points Test Review will be undertaken in the first half of this year and a ‘discussion paper’ will be placed on the departments website (http://www.immi.gov.au/) by the 12^th February 2010 which will then be open for public comment until the 12^th March 2010.

It is not know at this stage whether the government will decide to make changes to the GSM points test, however, at a guess we think that they will. it’s been suggested that the current point test can distort outcomes for a skilled migrant. One example used on the Governments own website was a comparison between an international student who studied hairdressing in Australia compared to an applicant who has a PHD in environmental science from Harvard University.

The hairdresser past the points test with no problems gaining 135 points whilst the scientist failed the test with only 100 points. Although 10 of the hairdressers extra points were due to the occupation being more in demand then scientists; the extra 25 came from a combination of the hairdressers being on the MODL and having 12 moths Australian work experience. All things that the Australian Government says do ‘not always lead to outcomes that are consistent with the objectives of the General Skilled Migration Program.

5. New priority processing arrangements will be introduced for certain skilled migration visas.

The priority processing arrangements are designed to ensure that the Australian Economy gets the skills it needs now, rather than those of the visa applicants who applied first. If you are on the list then I’m sure you’ll love these changes..

The changes take effect from today and apply to applications lodged on or after this date. The changes also apply to applications that had been lodged previously with the department and have not been finalised.

The new priority processing arrangements will apply to the following Visas:

Employer Nomination Scheme (ENS)
Regional Sponsored Migration Scheme (RSMS)
The General Skilled Migration (GSM) Visas listed below:
- Skill Matching (subclass 134)
- Skilled—Independent (subclass 136)
- Skilled—State/Territory-nominated Independent (subclass 137)
- Skilled—Australian-sponsored (subclass 138)
- Skilled—Designated Area-sponsored (subclass 139)
- Skilled—Independent (subclass 175)
- Skilled—Independent (subclass 176)
- Skilled—Regional Sponsored (subclass 475)
- Skilled—Regional Sponsored (subclass 487)
- Skilled—Independent Regional (subclass 495)
- Skilled—Designated Area-sponsored (Provisional) (subclass 496)
- Skilled—Graduate (subclass 497)
- Skilled—Onshore Independent New Zealand Citizen (subclass 861)
- Skilled—Onshore Australian-sponsored New Zealand Citizen (subclass 862)
- Skilled—Onshore Designated Area-sponsored New Zealand Citizen (subclass 863)
- Skilled—Independent Overseas Student (subclass 880)
- Skilled—Australian-sponsored (subclass 881)
- Skilled—Designated Area-sponsored Overseas
- Student (subclass 882)
- Skilled—Independent (subclass 885)
- Skilled—Sponsored (subclass 886)

The following processing priorities (with highest priority listed first) apply:

Applications from people who are employer sponsored under the ENS and the RSMS.
Applications from people who are nominated by a state/territory government agency under a state migration plan agreed to by the minister.
Applications from people who are nominated by a state/territory government agency and whose nominated occupation is on the Critical Skills List (CSL)
Applications from people who are neither nominated nor sponsored in priority groups 1, 2 or 3, but whose nominated occupation is listed on the CSL.
Applications from people who are nominated by a state/territory government agency whose nominated occupation is not listed on the CSL.
(i) Applications from people whose occupations are listed on the Migration Occupations in Demand List (MODL).(ii) Applications from people who are sponsored by family and whose nominated occupation is not listed on the CSL.
All other applications are to be processed in the order in which they are received.

So that’s it folks, as always we’ll provide the latest updates as they happen. Please subscribe to our newsletter to receive the latest news as it happens or pop into our forums if you have any initial questions.

More information is available on the department’s website. (links open in a new page)

Changes to the General Skilled Migration Program (362KB PDF file)
Outcomes of the Migration Occupation in Demand List Review – Frequently Asked Questions (373KB PDF file)
Onshore International Students (435KB PDF file)
Changes to Offshore General Skilled Migration Visa Applications Received Before 1 September 2007 (409KB PDF file)
Changes to the Current Skilled Occupation List (368KB PDF file)
Revoking the Critical Skills List (337KB PDF file)
Changes to Priority Processing Arrangements – Frequently Asked Questions (406KB PDF file)
General Skilled Migration (GSM) Points Test Review (377KB PDF file)
Changes to the Skills Assessment Requirements for GSM Applicants Nominating a Trade Occupation (417KB PDF file)

Cheers

Mark

TRA Job Ready Program – Further Details Released

Mark — Fri, 05 Feb 2010 00:00:23 +0000

Further information on the requirements for the TRA job ready program has become available. The job ready program applies to people living in Australia who wish to apply for skills assessment in a trade occupation.

Stage 1: Provisional Skills Assessment

The provisional skills assessment requires applicants to show 6 months of work experience, 6 minimum in IELTS and an Australian Certificate III qualification.The following clarifications have been made by TRA:

You must have worked for the equivalent of 2 days per week over a 6-month period.
Work can be counted if it is part of the course – for example an industry placement – providing it is in a commercial environment rather than work on the premises of an educational institution.
Overseas work experience cannot count – the work must be in an Australian workplace
Unpaid work can count, providing it is legally conduced
The level of work experience expected is at about the 1st/2nd year apprentice level. For example, work as a kitchen hand may be counted for a skills assessment as a cook
IELTS results up to 2 years old can be submitted
If you had your skills assessment prior through TRA prior to 1 January 2010, you can provide the old assessment and IELTS results. In this case, you would lodge electronically and the fee would be waived

Stage 2: Job Ready Employment

The second stage requires the applicant to work for 12 months with an employer who has registered the employment with TRA. It also will involve workplace training dealing with language used in the workplace, unions and award system.TRA has advised as follows in relation to the second stage:

Full time work experience would usually mean 38 hours per week. Part time work experience will not be accepted
Salary level – must be paid in accordance with industry awards
The “contract” referred to on TRA website would more accurately be described an agreement signed by the employer to participate in the program
Change of employer is possible during this period
A monthly logbook will need to be completed by employer – this will be done online
Monitoring will be conducted on a risk assessment basis – to determine whether the workplace is genuine and the employment is genuine
Self-employment will not satisfy requirements

Stage 3: Workplace Assessment

The third stage of the process is to have your skills tested by a workplace assessor. This stage can be arranged once you have been working full time in your occupation for 6 months:

The workplace assessment will generally take about 1 day. However, if a review is required, a second day may be involved
You will be expected to be able to show the full range of duties involved in the trade in the test

Stage 4: Final Assessment

The final part is to apply to the TRA to issue the final skills assessment. Exact details on what documentation will be required for stage 4 is not available, but reference and payslips are likely

Outstanding Issues

There are a number of serious outstanding issues still to be resolved:

People already in Australia on 485 visas are not likely to have sufficient time to complete the job ready program. One solution to this issue would be for DIAC to issue a 485 visa extension. Currently there is no provision for the 485 visa to be extended.
TRA requirements indicate that the job ready program applies to anyone who lives in Australia. Even if an applicant meets the requirements for assessment through TRA’s usual UAC pathways, it appears that they must go through the job ready program if living in Australia. In particular, Employer Nomination Scheme (ENS) applicants who live in Australia would be required to go through the job ready program, which is not appropriate. It seems logical that the job ready program would only cover people either on a 485 or bridging visa for 485 and we await further clarification of this from TRA and DIAC
Documentation for employers to complete to join the job ready program is still not available from TRA

Author : Mark Webster, Acacia Immigration Australia

Australian property boom kicks off 2010

Mark — Thu, 04 Feb 2010 05:57:14 +0000

Australian house prices rose last quarter by the most since 2003, and combined with the expansion of the manufacturing sector the central bank may have to extend a record round of interest-rate increases.

Economists are expecting Reserve Bank Governor Glenn Stevens to extend the benchmark lending rate, which reached 3.75 percent in December from a half-century low of 3 percent in October.

An index measuring the weighted average of prices for houses in the eight capital cities climbed 5.2 percent from the previous three months, the Bureau of Statistics reported in Sydney.

Manufacturing also grew last month after shrinking in December and consumer prices rose 0.8 percent, separate Australian economy reports showed.

The Australian dollar traded at 88.33 U.S. cents at noon in Sydney from 88.61 cents just before the release of the housing report and a survey showing job advertisements fell last month.

The rising interest rates are expected to stop overheating in the market this year after prices surged 13.6 per cent in 2009.

Some economists, including Alex Joiner at Australia & New Zealand Banking Group Ltd. in Melbourne, predicted price growth to slow to between 5 percent and 8 percent in 2010.

“The boom in house prices in 2009 is unlikely to be repeated this year as rising interest rates weigh on affordability,” Joiner told Bloomberg.

Australian borrowing for home-buying fell to a five-year low last month, according to a report published today by Australian Finance Group Ltd., which says it accounts for more than 10 percent of the nation’s mortgage market.

The group arranged A$1.55 billion ($1.37 billion) of mortgages in January, 19 percent less than a year earlier and the lowest for any month since 2005.

Demand for homes in Australia surged last year after the Rudd government added a boost in late 2008 to grants to first-home buyers. With the government boost, buyers of new dwellings were given AU$21,000, and those buying existing homes were given AU$14,000, which included the AU$7,000 first home owners grant.

The boost ended last month, but the first home owners grant of AU$7,000 continues.

Article Source : Visa Bureau

Australian Spouse Visas – 12 Costly Misconceptions to Avoid

Justin Rickard — Wed, 03 Feb 2010 01:37:24 +0000

This article describes the evidence required for making a successful Australian spouse visa application as well as several other useful tips and hints on how to select the best professional adviser.

1. SPOUSE VISAS ARE IMPOSSIBLE TO OBTAIN UNLESS YOU HAVE A JOINT BANK ACCOUNT OR LEASE

Not true as many couples do not have these important documents but still succeed. We can show you how to compensate with other even better evidentiary documents from yourselves, friends and family.

Evidence covers many categories above and beyond just your finances and includes the history of your relationship, the opinions of others about your relationship, proof of your travels together, your own personal statements about the depth and commitment of your relationship and many other relevant fields.

2. SPOUSE VISA APPLICATIONS ARE EASY -”MY FRIEND DID IT HIM/HERSELF”

That may be true for your friend but, if your friend was jumping off a high cliff and over rocks into the ocean, would you jump too? None of us do everything our friends do – we need to make our own choices, especially in matters as important as love and migration where the risks are so high.

3. I AM AUSTRALIAN AND I HAVE A RIGHT TO HAVE MY SPOUSE LIVE IN AUSTRALIA SO THEY WILL JUST GIVE THEM THE VISA

No! Spouse visas are only granted when you can also prove the relationship is genuine; being an Australian guarantees nothing on a spouse visa application. If it were otherwise anyone could just move in with or marry an Australian and obtain a visa.

4. SPOUSE VISAS ARE QUICKER IF YOU APPLY ON YOUR OWN

Also not true; doing it on your own can take 4 -6 months or more, sometimes even over a year until approval. One client was waiting six months to just to get a government case officer before we intervened. We have had some of our client’s spouse applications approved in 1 day and aim for a quick approval of 2 -4 weeks in all cases. We get faster approvals because we prepare the whole case better.

5. I CAN GET A SPOUSE VISA EVEN IF MY LAST VISA APPLICATION WAS REFUSED

Previous visa refusals almost always make subsequent applications harder as more evidence is required and you must prove good character for migration purposes and therefore sometimes apply overseas. Hence, it is better to make your first application succeed.

6. YOU DON’T NEED MUCH EVIDENCE TO GET A SPOUSE VISA

This is probably the biggest misconception of them all! No spouse case will ever be approved without substantial, credible and properly documented and organised evidence, preferably scrutinised by a lawyer (like the writer of this article) skilled in the art of vetting evidence for errors and or dangerous information which might otherwise prejudice your application

7. WE ARE MARRIED BUT WE NEED TO LIVE TOGETHER FOR A YEAR AS WELL BEFORE WE CAN APPLY FOR AN AUSTRALIAN SPOUSE VISA

Not correct. Australian law states that you must either be legally married OR live in genuine de-facto relationship (monogamous/to the exclusion of all others) for 12 months before applying for a spouse visa. You do not have to do both. Furthermore, even if you are not married, you can start preparation for your spouse visa application before your 12 months of de-facto time is finished and then lodge the application as soon as it is.

8. SPOUSE VISAS ARE ALWAYS APPROVED IF YOUR RELATIONSHIP IS GENUINE AND NOT FAKE

This is a popular misconception, as everyone would like to believe that the Immigration officers are all honest, competent and skilful at discerning which relationships are real and which are not. However, like you, they are human beings and can be prejudiced against certain types of relationships, racist and even just overworked and incapable of giving proper attention to your application. You need the protection of a lawyer to deal with your case as they know how to deal with these issues upfront before and or as the problem occurs.

9. MY SPOUSE AND I HAVE ENOUGH COMMON SENSE, WHY DO WE NEED A LAWYER?

Good question – you might also ask why you need a doctor when you are sick or a mechanic to fix your broken down car. There are many things that most of us can do on our own but some that are best left to the experts. Essentially, in this type of case, you need not just any lawyer but an experienced migration lawyer who has also had lots of spouse cases approved – since 2000 we have had nearly 100 consecutive spouse cases approved without one visa refusal.

10. THE IMMIGRATION DEPARTMENT WILL UNDERSTAND THAT WHEN WE STARTED OUR RELATIONSHIP WE DID NOT KEEP ANY DOCUMENTS AS WE WEREN’T THINKING ABOUT THAT AT THE TIME

Yes to a certain degree that is true – who does start a romantic liaison by organising documents anyway? Answer; probably the fake relationships contrived for visas alone. However, that does not take away from the fact that you need to document the entire relationship in one way or another no matter how things got started. Once again, our skill and experience is to help you in that area.

11. WE DON’T WANT TO GET MARRIED JUST FOR A VISA AND, EVEN IF WE DID, THE IMMIGRATION DEPARTMENT WILL THINK IT WAS FAKE, SO WHY SHOULD WE?

We agree, neither should you marry just for a visa. Almost everyone wants to get married at the right time and for the right reasons. We would never encourage anyone to do otherwise. However, the act of migration sometimes forces people to bring forward important life decisions they could otherwise have put off and this is certainly the case here. We will advise you on this important matter personally at one of our interviews and in light of all your circumstances. In all cases, we always advise you to tell the truth.

12. I CAN JUST USE ANY MIGRATION AGENT TO DO MY SPOUSE CASE WHETHER OR NOT THEY ARE EXPERIENCED

Definitely not! Until late 2007, all migration agents who were not lawyers (and that is most of them), could get their license by doing a short course over 2 weekends. They literally could have been driving a taxi or cleaning houses one week and a few weeks later be dispensing migration advice to all and sundry after doing this ridiculously short course. Fortunately, that law has now changed and at least non-migration agents must have a university degree now to be admitted to a migration agent course. However, like anything else, just doing a course does not qualify you for being excellent in the harsh realities of the market-place.

Here are some of the tough but necessary questions you should ask any migration agent or lawyer before you hand them the enormous responsibility of ensuring your Australian spouse visa case will succeed:

I. Are you a practising lawyer as well as a registered migration agent or just a migration agent? If you are not a lawyer, why not? How will you deal with legal issues on our case?
II. How long have you been practicing in the area of migration law?
III. How many spouse cases have you had approved? If less than 50, then why?
IV. Have you ever had a spouse case refused and, if so, why?
V. Can you give me any authentic written testimonials (with contact details so I can verify they are true) of any of your spouse case clients that you have had approved? If not, why not?
VI. What percentage of your spouse cases is approved? If less than 100%, then why?
VII. Have you ever done a spouse case the same as ours? What happened?
VIII. Will you take a percentage of your fee only when my case is approved? If not, why not?

Author: Justin Rickard

Skilled Independent Migration Visa

Robert Harisson — Tue, 02 Feb 2010 01:26:57 +0000

Skilled Independent Migration Visa is one of the categories within the General Skilled Migration or Skilled Visa group which can be applied for both on-shore or from within Australia or off-shore or applicant is not in Australia.

The General Skilled Migration caters to those who are not sponsored by an employer and the applicant applies on the strength of his own qualification in this type of visa.

Generally, the applicant must have skills and qualifications for an occupation listed on Australia’s Skilled Occupation List (SOL), must be over 18 and under 45 years of age, with good English language ability, and recent skilled work experience or a recently completed eligible Australian qualification, among others.

In the Skilled Independent Migration Visa, apart from the obvious requirement of skill, the applicant must submit acceptable evidence and pass specific tertiary o trade credentials. The applicant must also submit acceptable evidence that they have the necessary or minimum requirements of experience for the specific vacancy they are trying to apply. The applicant will have to hurdle a points test where the applicant’s age and the specific skill, among others will be rated and graded against a minimum passing rate.

Other types of Skilled Migration Visa includes:

- State/Territory Nominated Independent where a particular State/Territory seeking the applicant’s skill will nominate that applicant
- Australian Family Sponsored which becomes available if the applicant has a close relative.
- Independent Regional where applicant finds easier requirements and lower points tests passing.

The migration laws of Australia are quite complex and changes to rules and regulations are not infrequent. The DIAC is the government agency where current and official information may be obtained.

Author: Robert Harisson

Getting Down under » australia

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