ISCAH Migration Newsletter

 

 

(Copyright 2007)

Edition Number 113

Monday 19th November 2007

 

 

 

 

G’day everyone

 

Thanks for either subscribing to our free monthly newsletter, or if this is a complimentary copy, I hope you enjoy it. If you want backcopies, want to subscribe permanently or want to unsubscribe, please drop an email to us at newsletter@iscah.com

 

Very little happening on the Fremantle Dockers at the moment. The summer break will last for a few months although training has started already. As always we live in optimism that we will have another exciting year of rollercoaster emotions ahead. No cricket for me this summer as work is  too busy and with a 2 and 3 year old full of energy, there are plenty of activities to fill in the time !!

 

On to the newsletter ..

 

 

Contents this month :

 

1)  The work experience for General Skilled Migration (GSM)

2)  Change to the 2 year study rule in Australia

3)  Call for relaxation of DIAC rules for 457 work visa

4)  Integrity checks on Work references by DIAC

5)  Medical Examination Policy

6)  United States signs Work and Holiday agreement with Australia

7)  Recent advice from DIAC about students stopping studies

 

 

 

 

1)  The work experience for General Skilled Migration (GSM)

 

Any visa applications lodged after 1st September 2007 come under a new interpretation of what work can be allowed in meeting DIACs requirements. For some applicants you need to meet the requirement of “12 months work experience in the last 24 months” for others you need to meet “3 years in the last 4 years”, there are several.

 

In previous newsletters I have detailed that this work must be at the “Australian skill level” for this occupation. So DIAC will not count any work until AFTER you have obtained the equivalent Australian level. For example as a Marketing Specialist the Australian standard is 5 years work in that profession or a bachelor degree. So NO work will be counted until after this has been attained, towards the GSM requirements.

 

In addition I want to confirm for those unaware that the work needs to be all in ONE occupation. That is you cannot combine work in different occupations to make up this “12 out of 24 months” or “3 out of 4 years” etc. So if you had worked as both an engineer and a marketing specialist (even if at the high skilled level of these occupations having gained previous qualifications). DIAC will only allow you to include work in ONE of these occupations. Not both.

 

This will adversely affect a number of potential visa applicants in trying to meet the work experience of a GSM application.

 

(Source: DIAC , with ISCAH comment)

 

 

 

 

2)  Change to the 2 year study rule in Australia

 

DIAC have amended the requirement that study in Australia (for GSM purposes) needs to now be at least 92 weeks (rather that the harder 104 weeks). This to accommodate some shorter vocational courses that DIAC believe should be allowed. As a result for a student to calculate if they will meet the NEW two year rule they need to

 

  • Look at all the related courses they have completed in Australia at the level of a diploma, degree, grad diploma, masters, PHD, Certificate III (trade only) or Certificate IV (trade only)

 

  • Look at the CRICOS duration of the course. This is the official guide as to how long the course takes in Australia in weeks.

 

  • Then work out what 92/104ths of this course is.

 

  • What ever this figures comes to, a student MUST have completed that % of the course in Australia. So you can’t count exemptions from overseas study in Australia.

 

As an example ..

 

Many 2 year courses are 104 weeks - the 92 week rule means that students enrolled in a 16 unit (and each unit of equal weight) course that is registered for 104 weeks will be considered to meet the two year study requirement if they have done 15 units. The way this is calculated is:

16 units = 104 weeks
1 unit = 6.5 weeks
15 units = 97.5 weeks (and therefore meets the 92 week requirement)

(Note if they had only done 14 units in Australia, that would be less another 6.5 weeks = 91 weeks. That would NOT meet the 92 week rule)

 

(Source DIAC, with ISCAH commentary)

 

 

 

 

3)  Call for relaxation of DIAC rules for 457 work visa

 

As you may be aware we have a Federal election next week. Whilst it is unlikely that major changes would be made to DIAC rules irrespective of the outcome of this election, some industries are maneuvering themselves prior to this. The following is an article that reflects the considerable frustration experienced by companies with the present regime ..

 

Relax immigration laws, says Woodside

The head of one of Australia's biggest resource companies wants the next federal government to relax immigration laws so that more skilled workers can be recruited from overseas.

Don Voelte, CEO of Woodside Petroleum, said a shortage of skilled workers was one of the reasons Australian mining companies were not meeting global production targets.

'The rest of the world...are willing to trade professions and jobs lot more freely than maybe what some of the immigration laws here allow,' Mr Voelte told ABC-TV.

Mr Voelte said the government needs to look at relaxing 457 working visa conditions especially the length of time a worker could be in country and the amount of sponsorship companies could provide.

What effect this would have on the domestic workforce needed to be discussed, he said.

'Clearly this has to be discussed to make sure that there is not a negative impact to the Australian workers on wages and the amount of work hours that they want to work.'

 

(Source: The AGE Newspaper, Melbourne)

 

 

 

 

4)  Integrity checks on Work references by DIAC

 

Human nature being what it is there is always a percentage of visa applicants who will provide incorrect work references to DIAC in support of their visa applications.

 

DIAC have a quite correct policy that they will make checks on a percentage of these work references in order to confirm the details in them are correct. If they are not, the application is likely to result in a refusal and in some cases an exclusion period can be invoked from that person coming to Australia in the future.

 

Over the last 6 months the number of DIAC integrity checks that are being made has increased substantially. This has resulted not just in longer delays for those applications for which checks are made, but also a number of references which have turned out to be incorrect.

 

So a word of warning to anyone considering submitting a work reference that is not correct in its content. Don’t do it !!

 

(Source: Iscah)

 

 

 

 

5)  Medical Examination Policy

 

Just some information on what is checked for at a medical exam for visa purposes.

 

Process

 

Identity Check

 

History :

  • medical, surgical, medications, alcohol and drug use, smoking and physical or mental disabilities, details of any pensions, pregnancy.

 

Examination:

  • Height and weight (Head circum < 2 years)
  • Complete systems review – CVS, respiratory, neurological, mental state, intelligence, developmental milestones (<5 years), gut, musculoskeletal, skin, nodes, breast, endocrine, evidence of drug taking, ENT, mouth, teeth, hearing,eyes
  • Urinalysis – blood, sugar, protein
  • Serology
  • Chest x-ray

 

Judgement

 

The judgement then on whether the medical is passed is based on costs, prejudice to access or minimising public health risks.

 

On the cost issues they are addressed as follows ..

 

Costs:

  • Forseeable
  • Over 3-5 years unless inevitable
  • Significant costs (> $21,000 in 5 years) – note waiver for come visas)

 

Cost calculation:

  • Medical, hospital, diagnostic, pharmaceutical, allied health care, rehabilitation
  • Level of function and independence, impairment and disability
  • Need for community services including income support

 

Prejudice of Access

  • Transplantation
  • Haemodialysis
  • Blood products
  • Radiotherapy
  • High level nursing care

 

 

What to bring

 

  • You must bring the following to your health examination:
  • your passport for identification
  • your prescription spectacles or contact lenses
  • existing specialist and/or other relevant medical reports for known medical conditions
  • previous chest x-rays
  • your forms:

 

(Source: DIAC)

 

 

 

 

6)  United States signs Work and Holiday agreement with Australia

 

The United States has been added as a source country for this visa category.

Australia now has Work and Holiday arrangements with Thailand, Chile, USA and Turkey. Australia has signed arrangements with Bangladesh. The Bangladesh arrangement is subject to Bangladesh finalising its administrative arrangements, after which the visa will commence.

 

Australia also has Working Holiday (note different category) arrangements with 19 countries, including the United Kingdom, Canada, Japan, the Netherlands, Ireland, Korea, Malta, Germany, Denmark, Sweden, Norway, Hong Kong, Finland, Cyprus, Belgium, Italy, France, Taiwan and Estonia.

 

US citizens wishing to come to Australia must:

• be aged 18 to 30 inclusive

• be outside of Australia when they apply for and are granted the visa

• show evidence that they are enrolled in a post secondary course of study or hold post secondary

qualifications

• have a return ticket or sufficient funds for a return or onward fare as well as sufficient funds for the first part of their stay, and

• meet health and character requirements.

 

(Source : DIAC)

 

 

 

 

7)  Recent advice from DIAC about students stopping studies

 

We spoke to DIAC Perth recently about the status of students who stopped study before their student visa ceased and wanted to apply for a different visa in Australia. Whilst all circumstances are different and this does not replace exact advice from DIAC, the following is what we were advised ..


The Student Monitoring Unit stated :

That if a student has finished studies a semester early and has applied for GSM/457, the student may work unlimited hours (provided has permission to work on their student visa) and cancellation action will not be pursued and study is not required.

If a student finishes study a year early and has applied for GSM/457, they will be encouraged to continue studies but cancellation will not be actively pursued.

SMU did state that if the GSM application is unsuccessful and the student hasn't studied during that period, that cancellation action would be looked at.

In terms of spouse visas, the student is required to adhere to their student visa conditions and cancellation action would be pursued for breaches. It was explained that this is because the study does not inhibit their spouse application, but study commitments would effect GSM/457 work with the employer.

 

(Source: DIAC)

 

 

Okay folks that is all for another month. Keep well and see you all on Monday 17th December 2007.

 

Cheers

Steven O’Neil

Iscah Migration

newsletter@iscah.com

www.iscah.com