Courts open door to MRT review of Labour Agreement 457 visa refusals
In a recent case run by Visa Lawyers Australia, the Federal Magistrates Court has confirmed that the Migration Review Tribunal (MRT) can review DIAC decisions to refuse 457 visa applications that are based on a Labour Agreement. This is the case even where there is no Labour Agreement in place.
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Australia welcomes genuine students
The Australian government has recently changed the requirements for student visas to make it easier for students to come to Australia to study.
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Streamlined processing for Accredited 457 Sponsors
On 7 November 2011, DIAC introduced a new 457 sponsorship accreditation scheme that allows employers to gain access to priority processing, and be approved as a sponsor for six years (rather than the standard three). The Minister has introduced this scheme in response to the 40% increase in the use of the 457 visa program in the latest financial year.
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The Knight Review – Australian visa requirements relaxed for international students
International student enrolments at Australian Universities have dropped considerably since peaking in 2009. This prompted the Australian government to commission a strategic review of the student visa program on 14 January 2011. The objective of the review, conducted by Mr Michael Knight, was to explain the reason for the decline and provide recommendations for a viable program which will balance Australia's economic, educational, and migration interests. Mr Knight made 41 recommendations on how to reform the Australian Student visa program. On 22 September 2011, the government announced that it has accepted all recommendations in the Knight Review, with the majority proposed to come into effect before the second semester of 2012.
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Perth added to the Regional Sponsored Migration Scheme
Since 12 September 2011, Perth has been included in the Regional Sponsored Migration Scheme (RSMS) along with the rest of WA. Employers in all parts of Australia except for the major east coast metropolitan areas are now able to nominate employees under this scheme.
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China Overtakes UK as the Largest Contributor to Immigration in Australia
For the first time in its history, Australia has accepted more Chinese than British migrants in any one year. Australia accepted 29,547 migrants from China between 30 June 2010 and 30 June 2011, while UK immigrants amounted to a total of 23,931 during the same period.
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Employer compliance with 457 sponsorship conditions
As a sponsor under the 457 scheme, an employer has a valuable recruitment tool, namely the ability to sponsor and employ overseas workers. Sponsorship approval also carries with it a series of significant obligations. In September 2009, DIAC introduced civil penalties for employers of 457 visa holders who breach sponsorship obligations. DIAC recently announced increased reliance on the imposition of civil penalties as a compliance mechanism.
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Skilled Work Experience Evidencing Under the New Skilled Migration Points Test
In order to be eligible for Australian Skilled Migration visas, applicants will need to satisfy certain threshold requirements. One of these threshold requirements is that the applicant provide evidence of recent skilled employment in a skilled occupation or have recently completed the Australian Study requirement. Applicants may also rely on a certain period of work experience in Australia or overseas to satisfy the pass mark.
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The 457 visa program: The past, the present and the future
The number of 457 visas granted between 30 June 2010 and 30 June 2011 increased by a staggering 38.2% (to 48,080) compared to the same period in 2009–2010. The total amount of primary visa holders in Australia at 30 June 2011 was 72,030, an increase of 5.3% compared to the same date last year.
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GSM Processing Update
Effective from 1 July 2011, the Department of Immigration & Citizenship has introduced new priority processing arrangements. These arrangements are intended to give regional visas the highest processing priority. Essentially, the new arrangements have divided the former Processing Group 1 into new Priority Groups 1 and 2. Former Processing Groups 2, 3 and 4 have become Processing Priority Groups 3, 4 and 5 respectively.
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Major changes to Australia's Skilled Migration Program
The Australian Government has decided on a number of major changes to the Skilled Migration Programme that will completely alter the way skilled migrants are admitted into Australia. The changes, coming into force on 1 July 2012, will affect the following visas types: Skilled – Independent (Migrant) subclass 175; Skilled – Sponsored (Migrant) subclass 176; Skilled – Independent (Residence) subclass 885; Skilled – Sponsored (Residence) subclass 886; and Skilled – Regional Sponsored (Provisional) subclass 475.
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Changes to the GSM Points Test - Community language points
On July 1 2011 a new points test will come into force for General Skilled Migration (GSM) visa applicants. All GSM visa applications lodged on or after 1 July 2011 will be subject to the new points test, unless limited transitional arrangements apply. Consequently, points for a designated/community language can no longer be claimed on the basis of being the holder of a qualification from a university where instruction was in that language.
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Changes to the GSM Points Test - English language requirements
On July 1 2011 a new points test came into force for General Skilled Migration (GSM) visa applicants. The English language requirements contained in the new points test mark a significant departure from earlier requirements. All GSM visa applications lodged on or after 1 July 2011 will be subject to the new points test, unless limited transitional arrangements apply.
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An increased number of Family Visas to Australia will be granted in FY2011-2012
The Minister for Immigration and Citizenship, Chris Bowen MP, has announced that the number of visas granted under various parent and family visa programs will be increased by 16% to 10,700 for the 2011 – 2012 financial year.
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457 Temporary Skilled Migration Income Threshold to increase to $49,330 from 1 July 2011
The Department of Immigration and Citizenship (DIAC) has announced an increase in the minimum salary payable to employees nominated under the subclass 457 visa scheme. Effective from 1 July 2011, the Temporary Skilled Migration Income Threshold (TSMIT) will be $49,330, up from the current TSMIT of $47,480.
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New skilled migration points test – transitional arrangements
On 1 July 2011 a new points test will come into force for a number of skilled migration visa applications. The new points test includes new points factors (see our article dated 9 June 2011) and a new pass mark of 65 points.
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Adding family members to certain GSM visas after date of grant
Family members and/or relatives cannot be added to an applicant’s GSM permanent visa (eg subclasses 885 and 886) after it has been granted. In those situations, the family members will need to apply for residency under the partner or child migration pathways (as applicable).
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English language requirements under the new skilled migration points test
On 1 July 2011 a new points test will come into force for a number of skilled migration visa applications. In order to be eligible for one of the affected skilled migration visas, applicants will need to satisfy a number of threshold requirements. One of these requirements states that the applicant must have an English language skill level of at least “Competent”.
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New Skilled Migration Points Test
On July 1, 2011 a new points test will come into force for a number of skilled migration visa applications.
The changes will affect the following visa subclasses: Skilled – Independent (175); Skilled – Sponsored (176); Regional Sponsored (475); Skilled – Regional Sponsored (487); Skilled – Independent (885); and Skilled – Sponsored (886).
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Enterprise Migration Agreements - Commonwealth Budget (2011-2012)
Enterprise Migration Agreements (EMAs), a new temporary migration initiative to help address the skill needs of the resource sector have been announced by the Australian Government. EMAs will be a custom-designed, project-wide migration arrangement suited to the resource sector. Through EMAs, major resource projects will be able to access overseas labour for genuine skill vacancies that cannot be filled from the Australian labour market.
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Regional Sponsored Initiatives - Commonwealth Budget (2011-2012)
In recognition of the challenges that employers in regional Australia face to maintain and grow their businesses, in the 2011-12 Budget the Government has directed the Department of Immigration and Citizenship (DIAC) to begin investigating the viability of a number of initiatives specifically targeted toward assisting regional Australia to manage these challenges.
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Australian Migration Program for 2011-2012
The Australian Federal Government has announced an increase in the Migration Program Planning Levels for 2011-2012, to 185,000. The increase of 16,300 places from 2010-11 planning levels has mostly been allocated to the Skill Stream to assist in meeting the demand for skilled migrants given strong employment growth and tightening labour market conditions.
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Regional Migration Agreements
The government is proposing to introduce an initiative in 2011-2012 that will bring together employers, local and state government and unions to cooperate on addressing local labour needs. Regional Migration Agreements (RMAs) will be custom-designed, geographically based migration arrangements that set out the occupations and numbers of overseas workers needed in the area.
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Changes to acceptable probationary periods under the Employer Nomination Scheme
there will be numerous changes to policy under the Employer Nomination Scheme (ENS).
There will be numerous policy changes to the Employer Nomination Scheme (ENS). The Department has indicated that this will include no longer accepting extended employment probationary periods.
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New Temporary Work Scheme for Semi-Skilled Workers
According to news reports, the Federal Government is contemplating a new migration scheme for semi-skilled workers to be employed on million-dollar mining and construction projects
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Changes to processing of 485 visa applications
Prior to the implementation of a new points test for general skilled migration on 1 July 2011, the Minister for Immigration has announced that some 485 applications may be finalised, thus avoiding assessment against the new criteria.
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Priority Group 3 GSM applicants invited to obtain health and character clearances now
In anticipation of priority group 2 General Skilled Migration (“GSM”) applications being finalised by the end of this financial year, DIAC has invited certain priority group 3 GSM applicants to obtain health and character clearances now. This suggests that DIAC may be in a position to finalise certain eligible priority group 3 GSM applications before the end of this financial year (that is, by 30 June 2011).
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Carer, remaining relative and aged dependent relative visas intake reduced by 70%
On 18 January 2011, the Minister for Immigration and Citizenship, Chris Bowen, announced that there will be a cap placed on the Other Family visa category. This cap limits the number of visas that can be granted under this category this financial year to a maximum of 750.
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Victorian State Migration Plan: Update
The Victorian government announced that it will no longer accept applications for Information and Communication Technology (ICT) skilled occupations after 30 January 2011, for the purposes of nomination under its State Migration Plan.
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State Migration Plan for South Australia
State Migration Plans are agreements between individual States and Territories with the Immigration Minister which allow states and territories to nominate General Skilled Migration (GSM) applicants under occupations required to fill skill shortages within their local labour markets.
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DIAC to Prioritise General Skilled Migration Applicants with an ANZSCO-Reviewed Skills Assessment from the Australian Computer Society
DIAC recently announced that it will prioritise GSM applications lodged before 1 July 2010 nominating the ASCO skilled occupation of Computing Professional not elsewhere classified (nec), where the applicants provide a reviewed/new skills assessment in an ANZSCO based skilled occupation found on Schedule 3 Skilled Occupation List.
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New Points Test for General Skilled Migration Announced
A new points test for General Skilled Migration (GSM) was announced by the Minister for Immigration and Citizenship on 11 November 2010.
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Processing Priorities for Visas Under the Family Migration Streams
Priorities for processing family migration applications have recently been established.
Within the family migration stream, higher priority is given to immediate family members. This includes dependent children (including children for adoption), orphan relatives, partners and fiancés.
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ICT or Computer professionals applying for skills re-assessment with the Australian Computer Society
Recently, there have been a number of practitioners suggesting that it may be possible to change a nominated skilled occupation after a General Skilled Migration (GSM) application (eg subclass 175, 176, 885 or 886) has been lodged.
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Victorian State Migration Plan
The Victorian State Migration Plan allows the Victorian Government to nominate skilled applicants, whose occupations are listed on the State Sponsorship Eligibility List.
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Important GSM Decision Ready Checklist Update
In July 2010 DIAC’s Brisbane Skilled Processing Centre for GSM applications introduced a ‘Decision Ready Checklist’ (DRC) on a trial basis. The DRC gives priority to onshore GSM applications which have been lodged online (eLodged) by Registered Migration Agents and which are ‘Decision Ready’.
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Important changes to processing arrangements for Partner (Permanent) Visas
From 1 October 2010, all Partner (permanent) visa applications lodged at an immigration
office overseas and due for permanent visa assessment on or after 1 October 2010 will be
processed at the Partner (permanent) Processing Centre located Brisbane.
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State or Territory Nomination Under General Skilled Migration
State migration plans are expected to be released within the next 2-3 weeks. The migration plans will offer an opportunity for potential skilled migrants under the General Skilled Migration program.
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Waiver of the health criterion now available in NSW
From 22 September 2010, it is possible for applicants in NSW to obtain a waiver of the health criterion where they have applied for the following permanent visas: Subclass 846 (Regional Established Business in Australia); Subclass 855 (Labour Agreement); Subclass 856 (Employer Nomination Scheme); and Subclass 857 (Regional Sponsored Migration Scheme).
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Decision ready checklists for General Skilled Migration applications
In order to speed up processing of visa applications, the Department of Immigration team in Brisbane has recently announced a ‘Decision Ready Checklist’ system.
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Relationships Recognised by DIAC for the Purposes of a Visa Application
A summary of the types of relationships that are recognized by the Department of Immigration and Citizenship (DIAC) for visa purposes.
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Changes to the Australian Institute of Management’s Criteria for Manager for the Purpose of Migration
The Australian Institute of Management (AIM) has introduced changes in its assessment criteria for Manager for the Purpose of Migration to Australia. These changes will apply to all skills assessment applications lodged with MIA on or after 1 July 2010.
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Recent Changes to Skills Assessment for Nurses and Midwives
The Australian Nursing and Midwifery Council (ANMC) recently announced changes which favours the recognition of registered nurses and midwives from member states of the European Union.
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Training Benchmarks for 457 Sponsors
Employers sponsoring 457 visas required to satisfy 'training benchmarks'
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ENS and RSMS Processing Overload
DIAC’s Parramatta office is experiencing an overload in applications
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New Processing Arrangements for General Skilled Migration (GSM) visas
Changes were announced to priority processing arrangements for some General Skilled Migration (GSM) visas
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Medicare eligibility for permanent residency applicants
Medicare entitlements for those without citizenship or PR
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Challenging “Cap and Cease” Letters
While there has been suggestion that the legality of the “cap and cease” letters could be challenged, in practice this would be difficult and expensive.
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Visa capping and termination bill: ministerial power to control and “kill” applications
New 'Visa Capping' bill gives the Minister power to cap and terminate visa applications
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457 visas, the English Language Criterion and Exemptions
English language proficiency level depends on applicant’s occupation
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Changes to the Temporary Skilled Migration Income Threshold (TSMIT) for 457 visas
Temporary Skilled Migration Income Threshold Changes
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New Skilled Occupation List (SOL) for General Skilled Migration (GSM)
New Skills Occupation List (SOL) from 1 July 2010
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New Occupation List under the New Employer Nomination Scheme (ENS)
New occupations list that applies to ENS
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New Occupation List for Subclass 457 and Subclass 442 (Occupational Trainee) visas
New occupations list for 457 and 442 visas
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ANZSCO and the Migration Occupation in Demand List (MODL)
Migration Occupation in Demand List (MODL) revoked for all visa applicants with some exceptions
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Changeover from ASCO to ANZSCO from 1 July 2010
ANZSCO has replaced ASCO as the standard used by DIAC
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Australia's new Skilled Occupation List (SOL) for General Skilled Migration (GSM)
New Skilled Occupation List (New SOL) announced for Australia
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Temporary suspension of Offshore General Skilled Migration (GSM) applications for Subclasses 175, 176 and 475
Temporarily suspension in accepting Offshore General Skilled Migration (GSM) visa applications as demand exceeds supply.
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Australian Computer Society Skills Assessments and the New SOL
The new SOL lists ANZSCO rather than ASCO codes and has implications for IT skills assessments
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Changes to Skills Assessment for Accountants and related occupations
New info for skills assessment as an accountant
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Skills assessment through Trades Recognition Australia – Skilled Worker Program
Two alternate skills assessment programs for trade qualifications
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Evidence required to include dependent children in a visa application
New evidence required for inclusion of dependent children on visa applications
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Reduction in the term of a “long term partner relationship”
Change in meaning of “long term partner relationship”
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Changes to health requirements for onshore Skilled Migration applicants
No medical examination required before lodging for onshore Skilled applications
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Recognition of TRA skills assessments obtained prior to 1 January 2010
Onshore GSM applicants no longer require TRA skills assessment dated on or after 1 January 2010.
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Migration occupations in demand list (MODL) revoked for ENS and RSMS applications
DIAC recently announced that the MODL has been revoked for the Employment Nomination Scheme
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Substantial changes to the general skilled migration program announced
The Minister for Immigration and Citizenship announced changes to the General Skilled Migration (GSM) Program on 8 February 2010. Some of these changes will affect current and future candidates.
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Changes to General Skilled Migration (GSM) skills requirements
Changes to permanent residency eligibility effective 1 Jan 2010
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Significant changes to VETASSESS skills assessment requirements
From 1 January 2010 VETASSESS will be requiring applicants to show acceptable academic qualifications and work experience.
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Working in a closely related Skilled Occupation in Australia
Receive 10 points if employed in skilled occupation for at least 12 months
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Removing “No Further Stay” Conditions
In certain cases, it is possible to apply to the Minister to have the no further stay condition removed or waived.
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Restrictions on “reusing” health examination results
‘Re-use’ previous health examination reports for future visa applications permitted
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Changes to Priority Processing effective from 23 September 2009
New processing priorities for certain skilled migration visa applications
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Changes to priority list for subclass 485 visas effective from 23 September 2009
Changes to priority list for subclass 485 visas
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Changes to laws allowing lodgement of partner visas in Australia
Welcome changes to partner visa scheme
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Changes to salary levels for 457 visa holders
457 visa holders must be paid at a market salary rate
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IT graduate skills now assessable against MODL occupations
IT graduates with Australian qualifications are now eligible to have their skills assessed against the Migration Occupation in Demand List (MODL) occupations.
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Work Condition 8101 - “No Work”
New work conditions attached to temporary visas including visitor visas, student visas, temporary business visas and bridging visas.
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Measures to protect children from high risk situations
Policies aimed at protecting minors from high risk situations
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New Worker Protection Act Legislation - effective 14 September 2009
The Worker Protection Act, effective 14 September 2009, includes nine requirements of sponsors including employing the sponsored visa holder in the occupation for which he/she has been sponsored and supplying information to Government when requested.
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2009-2010 Australian Budget and impact on immigration levels
Changes to Australia’s migration planning levels, with decreased General Skilled Migration
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Fast-track your General Skilled Migration Application
Economic conditions lead to re-ordered visa processing
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New Departmental Approach to Subclass 457 Visas
DIAC will be taking a new approach to the 457 visa program
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Dramatic Slowdown in Processing Some GSM Applications
As a result of the global financial crisis Immigration Department processing of certain General Skilled Migration visas has slowed down dramatically.
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Changes to 457 Sponsor Obligations
Draft amendments to the Migration Regulations will significantly affect the obligations owed by 457 temporary business visa sponsors
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MRT appeal successful for applicant without competent English at time of DIAC decision (Subclass 485)
Our firm successfully represented a Migration Review Tribunal (“MRT”) applicant, who did not have competent English
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New priority processing for skilled migration applications
From January 2009, new priority processing for skilled migration applications
New priority processing for skilled migration applications
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Parent visa processing explained
Parents of Australian citizens and permanent residents may be eligible to apply for permanent residency under the Contributory Parent Visa (“CPV”) or Parent Visa streams
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Proposed Changes to Sponsorship Obligations of Employers of 457 visa holders
Employers who sponsor foreign employees are likely to be affected by a Bill currently before the Federal Parliament
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457 Visa Processing Centres of Excellence
On 1 July 2008, the Department of Immigration and Citizenship (DIAC) opened 3 new “Centres of Excellence” designed to streamline the processing of 457 visa applications
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Automatic work permission for students
Since 26 April 2008, all newly granted Australian student visas have had permission to work granted automatically.
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General Skilled Migration Scheme Expanded
The Australian Government has reaffirmed its commitment to attracting highly skilled migrants to Australia with a substantial increase to the General Skilled Migration Scheme (GSM) quota for the 2008-2009 financial year.
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Australian Work Experience
Applicants for points tested skilled migration (visa subclasses 175, 176, 885, 886) may be eligible for 10 bonus points if they have worked in their nominated occupation, or a closely related skilled occupation, in Australia, for 12 months in the four years immediately before they apply.
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Changes To Skilled Migration Effective from 1 January 2009
From January 1, 2009 changes will be introduced to employer sponsored and skilled migration
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