ISCAH Migration Newsletter

 

 

(Copyright 2007)

Edition Number 108

Monday 18th June 2007

 

 

 

Hiya readers

 

Welcome to another edition of our newsletter that covers the latest news we know of about Australia’s visa/migration requirements.

 

It is a free publication that is subscribed to by around 2500 people each month. If you want backcopies, wish to go on the subscription list (if this is a one off copy with an answer to your visa enquiry) or wish to unsubscribe, please drop me an email to newsletter@iscah.com

 

Hit and miss again from my football team the Fremantle Dockers, win at home, lose away pattern was continued with a loss in a game we dominated for most of Saturday night. At least we will go ok next week (we have a week off !)

 

As you would know from the last newsletter there is a major overall of the Skilled Points Test structure from 1st September that will affect ALL skilled applications lodged after this date. We have the latest news here plus any other bits and pieces we think you maybe interested in …

 

 

Contents

 

1)  Confirmation of Assurance of Support

2)  Removal of Regulation 2.27B – Change of Occupations

3)  New Two year study Rule for Australian graduates

4)  New Fees from 1st July 2007

5)  Duration of the new 18 month visa for Student Graduates (subclass 485)

6)  Movement of SIR visa holders between states

7)  IELTS (English Test) results to last for two years

8)  Investment of $100,000 for 5 extra points in Western Australia

9)  New Citizenship Test Questions

10)  Latest Processing information from Adelaide (ASPC)

 

 

 

 

1)  Confirmation of Assurance of Support

 

The Skilled categories that require an Australian relative to sponsor and therefore an Assurance of Support (and associated bond payments) will have this requirement REMOVED after 1st September 2007 for new visa applicants.

 

Also existing visa applicants under subclasses 138, 139, 881, 882 and 496 will have this requirement removed if their application has not been finalised by 1st January 2008.

 

(Source: DIAC)

 

 

 

2)  Removal of Regulation 2.27B – Change of Occupations

 

 

This regulation in short allowed DIAC to change a person’s “nominated” occupation if they believe that the person’s real occupation for which they had all their work experience in, was in fact a licenced/registered occupation. That is if a person tried to be skills assessed for a lesser or easier occupation to avoid having to go through stringent registration requirements (ie doctor, lawyer, teacher etc) DIAC could make them change their occupation back to one of these registered occupations after the application was lodged.

 

This often resulted in a refused application as the visa applicant was unable to meet this harder skills assessment, hence the reason for trying to avoid it. This was always a little tricky to try and avoid the case officer doing this. However from 1st September this will no longer happen and case officers will not change visa applicants occupation during the visa process. In short good news.

 

(Source: DIAC)

 

Also unofficially this change has already occurred prior to September 1st 2007, and case officers are no longer using this regulation to make people change to a more difficult occupation.

 

 

 

3)  New Two year study Rule for Australian graduates

 

This rule will become much clearer from 1st September. The new rule will state

 

From 1 September 2007, to meet the two year study requirement, applicants will have to complete one or more degrees, diplomas or trade qualifications for award by an Australian educational institute as a result of a course or courses:

 

  • registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS)
  • completed as a result of at least two academic years’ study (full-time equivalent) or completed in a total of no less than 16 calendar months that the applicant studied in Australia, while holding a visa that allowed study for which all instruction was conducted in English.

 

Course duration will be calculated from the date classes begin to the date all academic requirements have been met for that qualification.

 

These changes are beneficial because they give students more flexibility. Students will not be penalised for changing education providers. They will also be able to count study undertaken online towards meeting the two year study requirement, if they were in Australia for the duration of that period of study.

 

Two important points here are :

 

1)      That study at previous institutions in Australia for which you did not complete a course CAN be now counted

2)      That you must do a FULL two years of study to meet the rule. For example an accounting masters listed as a 16 units two year course by CRICOS, for which the student gains one exemption from overseas study, CANNOT meet the new two year rule. This is irrespective of how many semesters undertaken, or how many units per semester. This is a significant change from the old rule !!

 

(Source: DIAC)

 

 

 

 

4)  New Fees from 1st July 2007

 

There will as usual be price rises from 1st July for visa applications. It is expected that permanent visas will rise to $2060 and temporary visas to $190. This is likely to be the costs for the permanent visas from 1st September as well. The new 485 (18 month visa) we expect to cost $190 at this stage.

 

(Source : DIAC)

 

 

 

 

5)  Duration of the new 18 month visa for Student Graduates (subclass 485)

 

The period of this 18 month visa will not start until the visa is granted. Hence if you don’t lodge it until maybe 4 months after completing study, and then DIAC take around 4 months to process, in effect it is a process that allows you to stay maybe over 2 years in total.

 

The requirements for this visa are :

 

hold an eligible student visa or have held an eligible student visa in the past six months

have met the two-year study requirement in the past six months

nominate a 50 or 60 point occupation from the Skilled Occupation List

have applied to have their skills assessed for their nominated skilled occupation

and

have competent English, or vocational English in the case of an applicant who has

applied to have their skills assessed in a trade qualification. (or booked IELTS test)

 

 

(Source: DIAC)

 

 

 

 

6)  Movement of SIR visa holders between states

 

Whilst it is not encouraged, it is expected that as there will be no requirement for sponsorship at the permanent visa stage for SIR visa holders (and the new 475/487 regional visa), movement between states (but still in regional areas) on this visa will be much easier. More details of this will become available around September I expect.

 

 

 

 

7)  IELTS (English Test) results to last for two years

 

In the past IELTS would last for one year, with the possibility (at case officers discretion) of being able to be used for a period of two years for a visa application. However from 1st September the policy will be that the results will be valid for a set two year period.

 

(Source: DIAC)

 

 

 

 

8)  Investment of $100,000 for 5 extra points in Western Australia

 

Whilst it is still possible to gain 5 extra points for investing $100,000 in government bonds for 12 months for all skilled applications lodged before 1st September 2007, from the 30th June 2007 this will not be accepted by the Western Australian State Government.

 

That is because the authority in Western Australia (WA Treasury Corporation) has opted out of the scheme from this date.

 

This does not mean if you are in WA or choosing WA to migrate to that you can not gain those extra points. It just means that you will need to send your investment to one of the other states of Australia. You do NOT then have to move to that state just because your $100,000 is invested there.

 

(Source: DIAC)

 

 

 

 

9)  New Citizenship Test Questions

 

Citizenship applicants need 60% to pass
The Age (Melbourne), May 29, 2007
http://www.theage.com.au/news/NATIONAL/Citizenship-applicants-need-60-to-pass/2007/05/29/1180205247781.html

Applicants for Australian citizenship would need to score at least 60 per cent to pass an exam under legislation being introduced in federal parliament on Wednesday.

Applicants' correct answers must include three mandatory questions on the responsibilities and privileges of citizenship, says a paper presented to the coalition party room.

There would be no limit on the number of times a person can take the test.

Would-be citizens get 45 minutes to answer 20 multiple-choice questions on the nation's history, geography, culture and traditions drawn randomly from a larger group of questions.

The questions will be derived from the contents of a resource book made available to applicants, the paper says.

People assessed as having less than basic English reading skills will be given 90 minutes and talked through the test.

However, applicants must satisfy authorities that they have a basic grasp of English.

Under 18s, those over 60 and people with mental or physical incapacity would not need to take the exam.

(Source: Age Newspaper, Melbourne)

 

 

 

 

10)  Latest Processing information from Adelaide (ASPC)


As of 8 June 2007 the ASPC admin section is processing as follows:

Onshore Applications: receipting applications received on 5 June 2007 and
acknowledging applications received on 5 June 2007.

Offshore Applications: receipting applications received on 28 May 2007 and
acknowledging applications received on 26 March 2007.

Applicants and representatives who have not authorised e-mail communication
will not receive separate advice that the ASPC has received and receipted
an application and will receive the standard acknowledgement letter and
receipt details in due course.

Please note that any delay in acknowledging an application  does not affect
the date on which a valid application is recorded as having been received
and does not delay processing of the application.

Once an  application has been acknowledged a case officer is appointed to
assess each application as soon as possible, however, the ASPC receives a
large number of applications and you will not be contacted immediately.

Processing and Allocation Information - For the week of 12 June 2007

Applications lodged on or before the dates shown below have been allocated
to case officers for further processing.

ONSHORE APPLICATIONS

Student/Graduate

Paper  based  applications: 8 January 2007 (subclass 880), 20 December 2006
(subclass 881) and 22 December 2006 (subclass 882)

E-lodged (on-line) applications: 2 January 2007 (subclass 880) and 22
December 2006 (subclass 881) and 29 December 2006 (subclass 882)

Skilled Independent Regional (Provisional) (SIR VISA)

Paper based applications:  22 December 2006
E-lodged (on-line) applications: 12 January 2007

New Zealand

All applications: 4 October 2006 (all subclasses)

OFFSHORE APPLICATIONS

All paper based applications for Classes BN, BQ, BR, UX and UZ (subclasses
134, 136, 137, 138, 139, 495 and 496)

Priority Applications:  14 September 2006*
Non-Priority Applications: 31 August  2006

*this  data   includes  paper based SIR applications which are processed as
part of the priority caseload

Skilled Independent Regional (Provisional) (eSIR visa applications)

E-lodged (on-line) applications: 05 February 2007

 

(Source: DIAC)

 

 

 

Okay folks that is all for another month. See you all on Monday 16th July and keep good.

 

Cheers

 

 

 

Steven O’Neil

www.iscah.com

steven@iscah.com