ISCAH Migration Newsletter

 

 

(Copyright 2007)

Edition Number 110

Monday 20th August 2007

 

 

 

 

Hiya folks

 

Welcome to our latest update on news about Australia’s migration laws and general requirements.

 

This is often an update on the fortunes of my favourite Australian rules football team,  (Fremantle Dockers) who have been playing catch up all season after losing 3 close ones at the start. We have had a few useful wins the last few weeks including yet another win against our local rivals 2 weeks ago, however it looks like we will be left dreaming the world turning purple rather than it being a reality in the finals this season L

 

On to less depressing matters, this months topics  ..

 

1)      Reminder of 1st September deadline

2)  Potential new questions for migrants

3)  Expansion of MODL

4.  New fee for Australian Federal Police Clearances

5)  Work restrictions on a Business Visitor visa

6)  Adelaide (ASPC) Processing Times for Skilled Applications

7)  Migration Program number for year to June 2007

8)  Perth students interested in cricket umpiring

9)  Position available in South Australia – Telecommunications Technician

 

 

 

 

 

1)  Reminder of 1st September deadline

 

A reminder that the new points test comes in on 1st September. Applications lodged from this date onwards will come under the new rules which are detailed here www.iscah.com/index_files/Page849.htm

 

Also if you are a tradesperson seeking to have your skills assessed, take note of the change below  ..

 

Tradespeople RESIDENT in the countries of  United Kingdom, India, Sri Lanka, South Africa and the Philippines, if they come under the trades of a.Carpenter, Joiner, Bricklayer, General Electrician, Refrigeration and Air-conditioning mechanic, Cable Jointer or Electrical Powerline Tradesperson (Lineworker) will need to be assessed by a NEW skills assessing body after 1st September 2007.  That is they can no longer use the TRA. Instead they must use a number of other assessing bodies (most likely Vetasssess) and the cost will rise from $300 to around $2100/$2200. Also an interview and practical assessment will be added to the paper assessment.

 

 

 

 

 

2)  Potential new questions for migrants

 

A recent media article detailed potential changes to the migration requirements in the short future …


Migrants seeking to live permanently in Australia will face extra questions over their 'adaptability and resourcefulness' under changes outlined by Immigration Minister Kevin Andrews.

Mr Andrews told an audience in Sydney on Tuesday night the assessment changes, including an applicant's capacity to integrate into Australia's way of life, would affect all new applicants for permanent visas and provisional visas that lead to permanent residency.

Addressing the Sydney Institute, he also detailed the Howard government's work to roll out new citizenship test and values statement requirements for new migrants, from later this year.

'In addition to the citizenship test and the values statement, the government has decided to put greater emphasis on the capacity of potential migrants to integrate into our community,' Mr Andrews said.

'The (nation's) Migration Regulations already make provision for assessing the capacity of visa applicants to settle in Australia. I have decided that greater emphasis should be placed on this criterion.'

The new focus includes quizzing migrants over their ability to cope with problems associated with resettlement, their capacity to 'integrate into Australian society' and, where families are involved, whether all members are 'cohesive and united' in the decision to move to Australia.

'Factors taken into account in making an assessment include an applicant's adaptability and resourcefulness, their knowledge of Australia and their expectations about living in Australia, their attitude towards learning English and their English language skills,' Mr Andrews said.

He said migrants seeking partner, child or temporary skilled worker visas would be exempt from the changes. Mr Andrews said the new citizenship test requirement for all migrants aged 18-60 would be in place in September.

New migrants would also be required to sign a values statement, in which they pledge to obey the law, from October. Mr Andrews said the 'central principle' of both the test and the values statement was for migrants to demonstrate a 'commitment to Australia and our way of life'.

'This way of life is influenced by a history that includes the Judeo Christian beliefs and traditions brought by British settlers,' he said.

Mr Andrews said Australia was following both England and Holland in moves to tighten visa requirements for those seeking to enter the country.

'The contribution that migrants have made to Australia extends well beyond pizzas, kebabs and spring rolls,' he also said.

 

(Source: The Age newspaper Melbourne)

 

 

 

 

 

3)  Expansion of MODL

 

Applicants for skilled migrant visas can gain extra points if their occupation is listed on the Migration Occupation in Demand List (MODL). This list is reviewed usually twice a year and the latest update has seen the addition of 10 new occupations as follows ..

FOREIGN architects, locksmiths and aircraft engineers will find it easier to get work in Australia under changes to the country's skilled migration program.

Migrants with skills in occupations considered to be in demand, such as those with labour shortages, have a better chance of being accepted by the immigration department for skilled work in Australia.

Immigration Minister Kevin Andrews and Employment Minister Joe Hockey today announced 10 additions to the Migrant Occupations in Demand List.

These were architects, avionic and mechanical aircraft maintenance engineers, quantity surveyors, external auditors, computing professionals, locksmiths, painter-decorators, furniture finishers and optical mechanics.

Mr Hockey said the inclusion of architects and quantity surveyors on the list would be particularly welcomed by the resources and construction industry.

The addition of aviation engineers would help Australia remain competitive in aircraft maintenance, he said.

Foreigners who have experience in occupations on the list get extra points when applying for skilled migration visas, improving their chances of being accepted into Australia.

 

http://www.minister.immi.gov.au/media/media-releases/2007/_pdf/MODL-August-2007.pdf

 

(Source: Perthnow website)

 

 

 

 

4.  New fee for Australian Federal Police Clearances

 

The fee for this AFP clearance has been reduced from $36 to the hugely convenient fee of $32.73  As a result applications lodged with the old (higher) fee may see processing continue but with the promise of a massive refund of $3.27 each.

 

(source: AFP)

 

 

 

 

5)  Work restrictions on a Business Visitor visa

 

Many people think that they can use a business visitor visa to come to Australia and commence work with a company whilst waiting for approval for a longer term work visa. Generally this is not allowed and there is the risk a visa can be cancelled in such circumstances. However DIAC have issued a new policy statement on the work condition attached to this visa relaxing this condition a little as follows ..

 

Revised Policy - Condition 8112

 

Condition 8112 states that: 'The holder must not engage in work in Australia that might otherwise be carried out by an Australian citizen or an Australian permanent resident.'

As you may already be aware, the Department of Immigration and Citizenship recently revised its policy on Condition 8112. The revised policy document has now been finalised and will be released on LEGEND on 19 August 2007.

 

The revised policy applies equally to the following visa subclasses which all have a mandatory 8112 condition imposed:

  • Business Visitor (Short Stay) visa (subclass 456)
  • Sponsored Business Visitor (Short Stay) visa (subclass 459)
  • Electronic Travel Authority (Business Entrant - Long Validity) visa (subclass 956)
  • Electronic Travel Authority (Business Entrant - Short Validity) visa (subclass 977).

 

These visas allow business people to:

  • visit Australia to conduct business (e.g. attend conferences, business negotiations, exploratory visits in conjunction with a holiday) or
  • work for short-periods in limited circumstances

 

They are not intended to be work visas and, as such, do not involve the same obligations on employers through sponsorship that is backed by monitoring arrangements designed to offer protection from exploitation to visa holders and protect the interests of Australian workers.

 

The Business (Long Stay) visa (subclass 457) visa is considered the most appropriate visa for people who are primarily travelling to Australia to undertake skilled work, as it contains a range of safeguards backed by monitoring arrangements that are designed to ensure that sponsors are aware of their obligations and abide by them when bringing overseas skilled workers to Australia.

 

The revised Condition 8112 policy aims to ensure that the Department's interpretation of Condition 8112 is consistent with the original intention behind the subclass 456 visa. Work will therefore still only be allowed in very limited circumstances. Nevertheless, the revised policy aims to provide greater clarity as to the type of limited work that may be allowed.

 

Under the revised policy, work may be allowed if the employment is one of the following:

  • highly specialised in nature (that is: ASCO 1 to 4) and not ongoing (generally no more than 21 days)
  • an emergency or an urgent situation and not ongoing
  • in Australia’s interest.

 

The revised PAM document provides examples of activities that are likely to meet the above provisions.

Short stay business visitor visas are still not appropriate for:

  • unskilled or semi-skilled labourers
  • individuals wishing to work in Australia for long periods or on an ongoing basis.

 

Please note: The above change in policy does not affect those coming to undertake visitor-related business activities (e.g. attend meetings/conferences).

 

Please be aware that subclass 456 and 459 applicants intending to work in Australia and/or their employers may, however, be requested to provide additional evidence that the activities they propose to undertake will not have any adverse consequences for the employment or training opportunities, or conditions of employment, for Australian citizens or permanent residents (see reg. 456.212 and 459.212).

 

(Source: DIAC)

 

The important point here is that for ASCO groups 1-4, which is nearly all professional, management and trade positions, work will be allowed for up to 21 days.

 

 

 

 

 

6)  Adelaide (ASPC) Processing Times for Skilled Applications

 

As of 17 August 2007 the ASPC admin section is processing as follows:

Onshore Applications: receipting applications received on 03 August 2007
and acknowledging applications received on 03 August 2007.

Offshore Applications: receipting applications received on 12 July 2007 and
acknowledging applications received on 24 May 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 21 August 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: 5 February 2007 (subclass 880), 22 January 2007
(subclass 881) and 29 January 2007 (subclass 882)

E-lodged (on-line) applications: 31 March 2007 (subclass 880) and 5
February 2007 (subclass 881) and 5 February 2007 (subclass 882)

Skilled Independent Regional (Provisional) (SIR VISA)

Paper based applications:  31 January 2007
E-lodged (on-line) applications: 19 January 2007

New Zealand

All applications: 27 March 2007 (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:  15 October 2006
Non-Priority Applications: 30 September  2006

Skilled Independent Regional (Provisional) (eSIR visa applications)

E-lodged (on-line) applications: 15 March 2007

 

 

 

 

7)  Migration Program number for year to June 2007

 

The 2006-07 Migration Programme composition will strengthen Australia’s economy and maintain a cohesive community.

 

A total of 148,200 permanent visas were granted for the programme 2006-07 year.

The Howard Government believes that people wishing to live in Australia should bring workplace skills that will benefit and grow our economy, together with a commitment to participate in the community.

 

A total of 97,920 permanent skilled visas were granted for the year, this represents 66 per cent of the total migration programme.

 

This year the average age of skilled stream entrants is 31 years.The top occupation for skilled stream entrants is accountancy (10,688), followed by computing professionals (4,044) and registered nurses (2,088). Other top professions included mechanical engineers, civil engineers, marketing specialists and general managers.  

 

The top five countries of origin for skilled stream entrants were: United Kingdom (24,800), India (15,865), People’s Republic of China (14,688), Republic of South Africa (4,293) and Malaysia (3,838).

 

The Coalition Government understands the major economic and social challenges of an increasing demand on our economy for skilled workers at a time when our workforce is retiring in greater numbers due to the aging of the population.

The reality is we face a shortage of workers in Australia.

 

Australia is competing for skilled workers with Europe, the US, Canada and New Zealand.  We simply have to ensure that we build a productive nation where business can continue to thrive into the future.

 

(Source: DIAC)

 

 

 

 

8)  Perth students interested in cricket umpiring

 

As some of you may know I am heavily interested in a local cricket competition in Perth and recently have been approached by the umpiring association to see if any students in Perth would like to earn some extra cash on the weekends by standing, watching and making the odd decision in cricket matches.

 

Generally for an afternoons work you earn around $90 and is easy money if you are interested in cricket. If you want to know more please get in tough with Phil Mclean at fabphil@iinet.net.au or on 9459 3599. Tell him Steve sent you.

 

 

 

 

9)  Position available in South Australia – Telecommunications Technician

 

If any of you are interested in the following position, please email Keith direct at

keith@aridlandcom.com ..

 

 

Hello,

 

We are a telecommunications company in rural South Australia – we urgently need staff – specifically an experienced telecommunications technician (not linesman) with knowledge / experience on PABX or Key Telephone systems.

 

We currently have 1 x ex-British Telecom tech, and 2 more awaiting visa’s but need staff urgently. If you have any prospects, please contact us.

 

Regards,

 

Keith Green

keith@aridlandcom.com

 

 

 

Okay folks, hope there is something of interest there this month. Next newsletter is due on Monday 17th September. Keep well.

 

Regards

 

Steven O’Neil

Iscah Migration

www.iscah.com

newsletter@iscah.com