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Visa Newsletter for December 2012 - Iscah


Guest Steven O'Neil

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Guest Steven O'Neil

Hiya Everyone

Welcome to the latest edition of our free monthly newsletter on Australian visa issues.

It can be read in two formats:

1) Magazine format www.iscah.com/Iscahnewsletter174.pdf

2) Text only version - below

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Iscah Migration Newsletter

Edition Number 174

Monday 17th December 2012

 

 

 

 

 

1. Clarification from DIAC on 5 points for study in Australia

 

It is no longer a requirement for the 189/190/489 visas to have the courses related to a nominated occupation, to gain 5 points for studying two years in Australia.

So a person could study a diploma in one occupation (say marketing) for one year, and then complete a graduate diploma in another occupation (say nursing) for a year, to accumulate the required 2 years of study for 5 points.

 

(Source: DIAC)

 

 

 

 

 

2. Work rights for new Students in 2013

 

DIAC have provided further details for new student graduates who obtained their FIRST student visa after 5th November 2011. Interestingly DIAC have also changed a significant part of their intention in this regards. We queried them back on 29th November 2011 whether these new work options for student graduates would also be available for students who held a student visa before 05/11/2011 and subsequently obtained a further student visa after that date for a degree/masters course. They provided written confirmation that this would be the case.

 

Now however they state it will only be for students who obtained their FIRST eligible student visa after 05/11/2011 who will be able to access these flexible work rights. Anyhow on to the new info ..

 

New post-study work arrangements are to be introduced in early 2013. These arrangements will operate as a new Post-Study Work stream of the existing Temporary Skilled Graduate (subclass 485) visa. The subclass 485 visa will be renamed the Temporary Graduate (subclass 485) visa. More information is available on the department’s website.

 

Frequently asked questions

 

Who will be able to access the post-study work arrangements?

Graduates of an Australian Bachelor degree, Masters by coursework degree, Masters (extended) degree, Masters by research degree or Doctoral degree will have access to the new post-study work arrangements, provided they meet the other eligibility requirements of this visa.

 

 

Will the new arrangements be available for graduates who made their first student visa application before the introduction of the genuine temporary entrant requirement (GTE)?

The new post-study work arrangements will only be available to students who have applied for their first student visa (including subclasses 570, 571, 572, 573, 574, 575, 576 or 580) after the introduction of the GTE on 5 November 2011.

Further information about the GTE is available on the department¡¦s website.

See: www.immi.gov.au/students/_pdf/2011-genuine-temporary-entrant.pdf

 

 

Will there be a requirement for applicants to have previously held a student visa?

Yes. To be eligible for the new arrangements, graduates must have completed their studies in Australia while on a qualifying student visa. A qualifying student visa is a subclass 572, 573 or 574.

English Language Intensive Courses for Overseas Students (ELICOS) Sector, Schools Sector and AusAID or Defence Sponsored Sector students will not be eligible unless they subsequently complete an eligible degree level qualification on a qualifying student visa.

 

Applicants who have undertaken studies while on other visas that allow study, such as dependents of Temporary Work (Skilled) (subclass 457) visa holders, will not be eligible for this visa.

 

 

When will the new post-study work arrangements be available?

It is anticipated the new arrangements will commence in early 2013.

 

 

What will the visa eligibility requirements be?

To be eligible for the new arrangements, primary visa applicants must:

· be in Australia

· be under 50 years of age

· have attained an eligible degree level qualification within six months of applying for the visa.

Graduates must also meet the Australian study requirement. The Australian study requirement is defined as study in Australia in a course registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) for a period of at least two academic years (92 weeks). The course itself must be conducted in English and must be completed in no less than 16 calendar months.

 

English language, health, character and security requirements will also need to be met and evidence of adequate health insurance for the duration of the visa will need to be provided.

 

 

For the purposes of accessing the new arrangements, what study will be considered towards meeting the Australian study requirement?

To be eligible for the new arrangements, graduates must have obtained an eligible degree level qualification. Aligning these arrangements with the Australian Qualifications Framework (AQF), for the purposes of accessing the arrangements, only study undertaken at AQF Level 7 or above (Bachelor degree level or above), which leads to the conferral of an eligible degree level qualification, may be considered towards meeting the Australian study requirement.

 

This means that degree level courses that are packaged with a Graduate Certificate or Graduate Diploma course may be eligible, provided the total duration of study satisfies the Australian study requirement. For example, a student may be eligible for the new arrangements on the basis of completing a Graduate Diploma in Educational Studies which articulates (or leads) into a Masters of Education, provided the student successfully completes this Masters degree.

Note: Graduates will be unable to access the new arrangements solely on the basis of having obtained a Graduate Certificate or Graduate Diploma qualification. To access the new arrangements, graduates must have obtained an eligible degree level qualification (Bachelor, Masters or Doctoral degree).

 

 

Are there any restrictions on where the study must be undertaken?

For the purposes of accessing the new arrangements, all courses used to satisfy the Australian study requirement must have been undertaken in Australia, at an eligible Australian university or other education provider accredited to offer degree level programs.

 

 

Can applicants combine qualifications to meet the eligibility requirements for the new arrangements?

Applicants may satisfy the requirements for the new arrangements on the basis of any combination of eligible degree level qualifications. That is, any combination of Bachelor, Masters and/or Doctoral degree qualification.

 

 

What level of English language will be required?

The English language requirement will be Competent English, which is a minimum score of 6 in each of the four components of the International English Language Testing System (IELTS) test or the equivalent score in another English language test specified by the Minister for Immigration and Citizenship for use with this visa. The English language test must have been undertaken in the three years prior to lodging the visa application.

For the purposes of applying for a subclass 485, only IELTS and Occupational English Test (OET) results are acceptable. Currently, English language tests other than IELTS and the OET are only acceptable in the student visa program. The department will evaluate the implementation of alternative English tests in the student visa program before making any decisions to expand their acceptability to other visa programs.

Applicants are taken to have Competent English if they hold a valid passport from, and are a citizen of, the United Kingdom, Canada, New Zealand, the United States of America or the Republic of Ireland.

 

Do applicants need to nominate an occupation on the Skilled Occupation List (SOL) when applying for the new arrangements?

No. Applicants eligible to apply for the new arrangements will not be required to nominate an occupation on the SOL or undertake a skills assessment.

 

How long will the subclass 485 visa be valid under the new post-study work arrangements?

Graduates who have completed a Bachelor degree, Masters by coursework degree or Masters (extended) degree in Australia will be eligible to apply for a two year post-study work visa.

Graduates who have completed a Masters by research degree or a Doctoral degree in Australia will be eligible to apply for a three or four year post-study work visa respectively.

 

Will the existing Temporary Skilled Graduate (subclass 485) visa arrangements continue to be available?

The existing subclass 485 arrangements will remain available for other eligible graduates through the Graduate Work stream. This stream of the subclass 485 allows an additional 18 month stay in Australia. It is available to eligible graduates provided they satisfy the criteria for the grant of the visa, including that they:

· have recently completed an eligible qualification(s) as a result of at least two years study in Australia

· have a skills assessment for an occupation on the SOL in effect at the time the application is made

· meet the English language requirement of competent English

· are under 50 years of age

 

Information about the existing subclass 485 visa arrangements and SOL is available.

See: www.immi.gov.au/skilled/general-skilled-migration/485 .

www.immi.gov.au/skilled/sol

 

 

Does this change affect existing student visa holders?

From early 2013, students currently studying in Australia may be entitled to apply for the subclass 485 visa under either the existing Graduate Work stream arrangements or the new Post-Study Work stream, depending on their individual circumstances.

Will the new post-study work arrangements be available to someone who already holds, or has ever held, a Temporary Skilled Graduate (subclass 485) visa?

No. Students will only be able to access the subclass 485 visa as a primary applicant once.

 

 

Will there be similar arrangements in place for students not studying a degree?

These arrangements will only be for graduates who obtain an eligible degree level qualification. Existing arrangements for graduates who held an eligible student visa on 8 February 2010 will continue to apply in line with the government¡¦s commitment to the current transitional arrangements in place until the end of 2012. Other eligible graduates will continue to have access to the Graduate Work stream of the subclass 485 visa.

 

 

Are there any work restrictions on the subclass 485 visa?

No. The subclass 485 visa is a temporary visa that allows the holder to remain in Australia for an additional period upon completion of their studies. Should they choose to, subclass 485 visa holders may work or study in any field.

 

 

Can dependents work on the subclass 485 visa?

Dependents and secondary applicants are able to work and study on the subclass 485 visa.

 

 

How much will this visa cost?

Information about visa fees and charges is available in Form 990i on the department¡¦s website.

See: www.immi.gov.au/allforms/990i/990i-charges.htm

 

 

Will there be any further changes to the subclass 485 visa?

It remains open to the government to review and alter particular visa policy settings in response to changed economic conditions.

Furthermore, the SOL is updated annually based on advice from the independent body, the Australian Workforce and Productivity Agency.

 

Will there be consultation with the international education sector on this recommendation?

Yes. The department will continue to work with key stakeholders as these visa settings are developed.

 

(Source: DIAC)

 

 

 

 

3) DIAC Fee increases

 

On 1st January 2013 a number of fees will rise, some significantly..

 

Partners (onshore) from $3,060 to $3,975

Partners (offshore) from $2,060 to $2,680

Prospective Marriage (Fiance) from $2,060 to $2,680

457 work visa from $350 to $455

417 Working Holiday from $280 to $365

485 Temporary Graduate from $315 to $1,250

 

(Source: DIAC)

 

 

 

4) Bridging Visa – permission to work

Applicants for the following visas lodged from 24/11/2012 can now have full permission to work on their associated bridging visa ..

 

Partner (Subclass 820) visa applicants

Partner (Subclass 801) visa applicants

Aged Parent (Subclass 804) visa applicants

Contributory Aged Parent Temporary (Subclass 884) visa applicants

Contributory Aged Parent (Subclass 864) visa applicants

(Source: DIAC)

 

 

 

5) Longer Tourist visas for parents of Australians

From 24 November 2012, parents of Australian citizens and permanent residents will be able to apply for Tourist visas to visit Australia for longer.

The department will grant on a case-by-case basis:

 

 

  • Tourist visas of up to five years validity which provide a stay of up to 12 months on each entry to those parents who are outside Australia and are in the Parent (subclass 103) visa queue.
  • Tourist visas of up to three years validity with 12 months stay on each entry will be considered for parents who are outside Australia and are not in the Parent visa queue.

 

These changes allow parents who meet the criteria for a Tourist visa to have regular extended visits with their family in Australia without needing to apply for a new visa on each visit.

Under these more flexible arrangements, in addition to meeting all other Tourist visa requirements, parents will be expected to hold health insurance to cover any healthcare costs during their stay and will have a visa condition limiting applications for further visas while they are in Australia.

Like all tourists, parents granted Tourist visas are expected to maintain extended periods of absence between visits to Australia.

(Source: DIAC)

 

 

 

 

6) New Family Violence Provisions

 

DIAC have amended their guidelines in proving family violence in relation to Australian visa applications

 

The Family Violence Provisions allow certain people applying for permanent residence in

Australia to continue with their application after the breakdown of their married or de facto

relationship, if they or a member of their family unit have experienced family violence by

their partner.

 

The provisions were introduced in response to concerns that some partners might remain

in an abusive relationship because they believe they may be forced to leave Australia if

they end their relationship.

 

http://library.constantcontact.com/download/get/file/1103672330684-254/Fact+Sheet+38+-+Family+Violence+Provisions.pdf

 

(Source: DIAC)

 

 

 

7) Changes to the General Skilled Migration Visas from 1 January 2013

From 1 January 2013, the department is not accepting any new applications for the following visas:

 

 

  • Skilled – Sponsored (Residence) Visa (Subclass 886)
  • Skilled – Independent (Residence) Visa (Subclass 885)
  • Skilled – Regional Sponsored (Provisional) Visa (Subclass 487)

 

If you are interested in the Points Tested skilled migration you must submit an Expression of Interest and receive an invitation in order to lodge a visa application. SkillSelect is an online service that enables skilled workers and business people interested in migrating to Australia to record their details to be considered for a skilled visa through an Expression of Interest.

See: SkillSelect

If you are a provisional visa holder and you want to apply for a second provisional visa or add a family member to your application you may be eligible to apply for the Skilled Regional (Provisional) subclass 489 visa.

See Skilled – Nominated or sponsored (Provisional) (subclass 489) visa

If you are applying for a Skilled – Regional (Residence) visa (subclass 887) will only be able to apply online.

See: Professionals and other Skilled Workers Online Applications

(Source: DIAC)

 

 

 

 

 

8) Aged Visitor Health Check changes

 

DIAC now requires visitors over 75 years (subclasses 456, 459, 676 and 679 only) to complete a full medical examination (form

26/501), with the Aged Visitor Health Check (AVHC) to be removed.

 

While this may seem like a ‘tougher’ requirement, it is intended to assist clients as this examination will be valid for 12 months and able to be

re-used where normal re-use policy requirements are met. It will also ensure that adequate information is collected up front where possible,

reducing the need for additional examinations to be completed.

 

Note those countries eligible for an ETA will normally be able to apply (even if aged over 75) without a medical still.

 

(Source: DIAC)

 

 

 

 

9) Essential Form changes

 

DIAC made essential changes to several forms on 28th November as follows …

26, 40SP, 47SP, 80, 147, 157A, 160, 601, 1099, 1111, 1290, 1300T

 

 

 

10) Label Free visas

From 24 November 2012, visa holders will need to pay a Visa Evidence Charge (VEC) of AUD 70 to have a visa label placed in their passport. The charge is being introduced as part of the user-pays initiatives and to encourage the use of online immigration services.

Do I need a visa label in my passport?

No. Australian authorities do not require a visa label in your passport to travel to, or enter or remain in Australia.

All Australia bound international commercial airlines and cruise ships are required to verify with Australian authorities that you have an Australian visa before you travel to Australia. Information on your visa status and entitlements is available on the Visa Entitlement Verification Online (VEVO) system.

When you are in Australia you can access this information at any time using the VEVO system. Employers, banks and government services can also check details about your visa entitlements once they have your consent to do so.

Note: Organisations and individuals need to register to access VEVO.

What if I still need a visa label?

You can only request and pay for a visa label if you have a current Australian visa. Regardless of when your visa application was lodged, or your visa granted, anyone who requests a visa label will be charged.

How much is the charge for a label?

The charge for a visa label is AUD70. There will be exemptions to the VEC for humanitarian, diplomatic and government sponsored visa applicants.

For more information on how to make a request and details of exemptions, refer to Form 1405 Visa label request and payment.

See: Applications, Forms and Booklets

Are there any situations where I could be asked to show a visa label in my passport?

Foreign governments are aware that Australia does not require a visa label.

You should check with the relevant government authorities regarding requirements to show a visa label in your passport when you transit through or exit a country. The Australian Government cannot advise on other countries' requirements.

What is VEVO?

VEVO is a free online facility that allows visa holders and organisations to see details of current visas.

Organisations will only be able to see certain information relating to your status and entitlements. You as the visa holder are provided with more detailed information including:

 

 

  • class and subclass of your visa
  • grant and expiry dates
  • grant number
  • entries allowed
  • all conditions that apply to your visa.

 

What if I'm asked by my prospective Australian employer, school or bank to get a visa label?

A visa label is not required by the Australian immigration authority. Work, study and residence entitlements of visa holders can be verified online using VEVO. With your consent, the enquiring organisation can use VEVO to check your visa status and entitlements.

 

 

Important things to remember:

Keep a copy of your grant letter with your passport when you travel, this letter contains all the important information about your visa.

Other things to keep in mind include:

 

 

  • Australian authorities do not require you to have a visa label in your passport.
  • Confirm requirements for visa labels with relevant authorities if you are transiting through or exiting a country.
  • When you have been granted an Australian visa, you can check your visa information online using VEVO.
  • Employers, schools, banks and other organisations can check your entitlements online with your consent using VEVO.

 

(Source: DIAC)

 

 

 

11) Changes to WA State Sponsorship

 

Chemical Engineer and Materials Engineer not available for State sponsorship from 12th December

 

The occupation of Chemical Engineer (ANZSCO code 233111) and Materials Engineer (ANZSCO code 233112) are no longer available for State sponsorship, effective immediately.

 

The Department of Immigration and Citizenship (DIAC) has a limited number of places allocated for each occupation and have used all available places for Chemical Engineers and Materials Engineers.

 

 

CLOSING - Transitional arrangements not available from 17 December 2012

 

Skilled Migration Western Australia (SMWA) will only be accepting applications for State sponsorship under transitional arrangements until 17 December 2012.

 

This will allow SMWA to finalise existing applications on or before 31 December 2012 when the Department of Immigration and Citizenship (DIAC) will close the visas to all new applications.

 

The visas affected are:

• Skilled – Sponsored (subclass 176) visa

• Skilled – Sponsored (subclass 886) visa

• Skilled – Regional Sponsored (subclass 475) visa

• Skilled – Regional Sponsored (subclass 487) visa

State Sponsorship for a subclass 176 and 475 visa is only possible if a visa application was lodged with DIAC between 1 September 2007 to 30 June 2010.

 

From 17 December 2012 State Sponsorship will only be available for:

• Skilled – Nominated (subclass 190) visa; and

• Skilled – Regional Nominated (provisional) (subclass 489) visa.

 

(Source: WA State Government)

 

 

 

 

12) DIAC Processing Times

 

Details of Processing times for :

 

GSM visas are available here http://www.immi.gov.au/skilled/general-skilled-migration/estimated-allocation-times.htm

For other visa categories are available here http://www.immi.gov.au/about/charters/client-services-charter/standards/2.1.htm

 

(Source: DIAC)

 

 

 

 

Ok 2012 almost over, I hope Santa Claus is good to everyone and that you have a really enjoyable and safe holiday period.

Seeya all back on Monday 21st January 2013

 

 

Kind Regards

Steven O'Neil (Iscah Manager - MARN 9687267)

08 9353 3344 / www.iscah.com

Latest newsletter www.iscah.com/Iscahnewsletterlatest.pdf

Facebook using facebook@iscah.com Twitter using www.twitter.com/iscahmigration

 

 

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