Visa Application Charge Increases – from 1 January 2013

The Government has announced as part of its Mid-Year Economic and Fiscal Outlook (MYEFO) the following increased Visa Applications Charges (VACs) to come into effect on 1 January 2013:

Offshore Partner visas: increase from $3060 to 'around' $4000

Onshore Partner visas: increase from $2050 to 'around' $2700

Skilled Graduate (Subclass 485) visas: increase from $315 to $1260

Subclass 457 visas: increase from $350 to “around” $455

Working Holiday visas: increase from $280 to “around” $360

AITSL skill assessment changes

Changes to English language requirement for AITSL skills assessments as of 1 January 2013. From new year will need

An Academic version of the International English Language Testing System (IELTS) Test Report Form (TRF) that shows:

• a score of at least 7.0 for Reading and Writing; and

• a score of at least 8.0 for Speaking and Listening.

The IELTS test scores must appear on a single IELTS TRF and be the result of a test undertaken during the 12 month period prior to submitting an application.

http://www.aitsl.edu.au/verve/_resources/Advance_notice_-_changes_to_assessment_criteria_-_July_2012.pdf

SkillSelect now live

SkillSelect, DIAC's new visa application database, is now live for all offshore applicants, and open to onshore applicants to use if they choose. Contact the office is you have any questions about your eligibility to apply, and see this link for information on the DIAC website: http://www.immi.gov.au/skills/skillselect/

Skilled Migration Pass Mark 60 points from 1 July 2012

DIAC has issued a media release announcing that the pass mark for SkillSelect (Subclasses 189, 190 and 489, to which the new Schedule D Points Test applies) will be 60 points from 1 July 2012.

The pass mark for current General Skilled Migration (GSM) visas, which will remain open until 31 December 2012, will remain at 65.

Processing Times Update

While there has not been an official change in DIAC policy with regard to Priority 5 processing (http://www.immi.gov.au/about/charters/client-services-charter/visas/8.0.htm) in recent weeks we have started to see some of our oldest onshore skilles applications starting to process (subclass 880 visas, circa late 2007). As such, we are hopeful that DIAC will soon start to reduce the backlog of skilled applications currently in its 'pipeline', said to number approximately 46,000.

Student Visas: Further Knight Review Reforms Announced

The Minister for Tertiary Education, Skills, Jobs and Workplace Relations, Chris Evans, and the Minister for Immigration and Citizenship, Chris Bowen, today announced an extension of the post-study work arrangements from 2013.

Post-study work arrangements for university graduates will be available for:

Graduates who complete their Bachelor degrees after at least two academic years’ study in Australia will be eligible for a two year stay;

Graduates who complete their Masters degrees after at least two academic years’ study in Australia will be eligible for a three year stay; and

Graduates who complete their PhD after at least two academic years’ study in Australia will be eligible for a four year stay.

The existing Temporary Skilled Graduate (Subclass 485) visa, which provides for a stay of 18 months for those with qualifications in eligible fields of study, will still be available.

The announcement also states that post-study work arrangements would apply to Bachelor or higher degree graduates from other education providers accredited to offer degree level programs, in addition to university graduates.

DIAC / ATO Temporary Visa Data Matching Program

The following November 2011 update could have a substantial impact on visa holders and their dealings with the Australian Tax Office

The Commissioner of Taxation has issued a Notice in the Commonwealth Gazette No 45 (16 November 2011), available as a PDF and online, regarding a Data Matching Program that is intended to identify any taxation fraud and non compliance and reads in part:

The Australian Tax Office (ATO) will request and collect the names and addresses and other details of entities who have applied for visa Subclasses 406, 410, 411,415, 416, 417, 418, 419, 420, 421.422, 423, 424, 426, 427, 428, 442, 457, 462, 570, 571, 572, 573, 574, 575, 576, 580 between the period 1 July 2008 and 31 March 2011 inclusive from the Department of Immigration and Citizenship (DIAC).

These will be electronically matched and analysed with certain sections of ATO data holdings to identify potential refund fraud and other non compliance with lodgement and payment obligations under taxation law. Records relating to individuals who applied for and were granted visas under the above subclasses will be matched.

Priority processing arrangements - 1 July 2011

A new Ministerial Direction came into effect on 1 July 2011 establishing new priority processing arrangements for Skilled Migration applications.

This Direction determines the order in which the department considers applications. Applications accorded a higher priority under these arrangements are assessed ahead of lower priority applications, irrespective of when the application is lodged.

In line with these arrangements GSM has commenced assessing skilled migration applications which fall within its processing responsibility in the current order:

• Priority 1: Applications from people who have applied for a Skilled - Regional (subclass 887 visa)
• Priority 2: No GSM applications are included within this group
• Priority 3: Applications from people who are nominated by a state or territory government agency for an occupation specified on that agency’s state migration plan
• Priority 4: Applications from people who have nominated an occupation on the Skilled Occupation List (SOL) - Schedule 1 in effect from 1 July 2011 (http://www.immi.gov.au/skilled/_pdf/sol-schedule1.pdf)
• Priority 5: All other applications

New points test - 1 July 2011

The new immigration points test has now been introduced. There are significant changes to the old system, and the new pass mark is now 65 points.

Please refer to this link http://www.immi.gov.au/skilled/general-skilled-migration/pdf/points-test.pdf for a detailed overview of the new points test system.

News from the TRA - Voluntary Work Experience will no longer be accepted - 20 June 2011

TRA will not consider unpaid employment for the purposes of the Provisional Skills Assessment. Unpaid vocational placements undertaken as a requirement of an education or training course and authorised under a law of administrative arrangement of the Commonwealth, a State or a Territory will be accepted for the purposes of the Provisional Skills Assessment.

For any employment claimed as time spent in work, TRA will require:

o          an employer statement for each period of employment claimed detailing the work undertaken, the period of employment, the location of the workplace and contact details of the employer; and

o          verifiable evidence of time spent in employment, such as pay slips, group certificates, payroll printouts, time sheets, and/or bank statements (for employment undertaken after 1 July 2011).

For any vocational placements claimed as time spent in work, TRA will require a letter of confirmation from the relevant Registered Training Organisation that:

o          confirms the vocational placement has been undertaken as a requirement of their training course (for placements undertaken after 1 July 2011);

o          details exact dates, hours and location of the vocational placement;

o          includes a description of the nature and content of the work undertaken (note: this description may be supplied by the Registered Training Organisation or the approved work placement supervisor).

New Points Test further refined - 7 June 2011

DIAC has announced further refinements of the new points test due to be implemented on 1 July 2011. One of the most significant clarifications is that IELTS will now be a time of application criteria, reversing the effect of the recent Berenguel High Court of Australia decision which allowed applicants to lodge without a valid IELTS test.

This means that applicants will need a valid IELTS test BEFORE lodging their applications (together with all other necessary requirements).

New Public Interest Criterion - April 2011

See this link for an important recent development (2 April 2011) which introduces a potential re-entry ban for anyone accused of submitting fraudulent documents as part of their application.

http://www.immi.gov.au/skilled/fraud-public-interest-criterion.htm