With the unveiling of the Budget this year came the announcement of two new regional provisional visas, and one new regional permanent residency visa to come into effect in November 2019. Skilled provisional visa subclasses 491 and 494 will supersede respectively the current 489 and 187 subclasses, while the 191 will function similarly to the current permanent 887 visa. So what are the changes that you need to know about? As part of a push to drive industry in regional Australia and lessen the population burden in metro areas, the Government has increased the time required to stay in a regional area from two years to three years in order to be eligible for permanent residency. However, the length of the visa will also increase from four years to five. More occupations will become eligible, and opportunities in regional Australia will increase— and for this visa, “regional” refers to any part of Australia outside of Sydney, Melbourne, Perth, Brisbane and the Gold Coast. Details on current minimum taxable incomes are yet to be released, and it is likely that more information about other aspects of the visa will become clearer as we get closer to its release date. This visa will also be affected by the general changes to Points Test for skilled migration which come into effect from November 2019. Getting Assistance If you need immigration advice and/or assistance, please ensure you speak to OMARA, or you can contact us with your query. At McKkrs, we provide CPD classes for RMA’s and Lawyers practicing migration law and would be happy to assist you. Please contact us on (02) 4626 1002 or simply email us at admin@mckkrs.com.au.
Do not risk it! To order training for Training Benchmark B and get an Auditable Training Plan for FREE, click here. Please note that: training Benchmarks still apply to all sc#457 Sponsors who have or had sc457 visa holders working for them. the #Skilling Australia Fund (#SAF) Levy applies to only new nominations made after 12th August 2018 on sc#482, sc#186 and sc#187 visas. Sc457 sponsor companies who wish to nominate workers on sc482 and sc186/ 187 visas will need to provide evidence of having met their #Training Benchmark obligations. Please also note that sc482 Sponsors who had nominated workers after the implementation of sc482 but before the implementation of SAF on 12th August 2018 will also need to meet their Training Benchmark obligations. At McKkr’s we may help if your clients are short of meeting Training Benchmark obligations. We are not only providing FREE #Auditable Training Plans for the current periods and any missed periods but also FREE Submission to support the nomination applications for sc186 and sc187 visas. In relation to Training Benchmarks, there have been several questions from RMAs, and our response to these questions are: Q1: For sc457 sponsors, do they need to continue fulfilling the Training Benchmark obligations if they are still employing 457 visa holders. What if the 457 visa holder has lodged the 186TRT after 12 August 2018. How long do they need to continue this obligation? Response: Until the sc186 visa is granted, because until then the worker would be working while holding sc457 visa or a bridging visa. Please note that SAF levy paid for sc186/ 187 visa is a one-off levy for sc186/ 187 visa and has nothing to do with sc457 sponsorship obligations. Q2: Is it sufficient if the sc457 sponsors fulfil the Training Benchmark obligations for the completed sponsorship years prior to 12 August 2018 and discontinued this obligation? Response: Training Benchmark obligations will continue to apply as long as the sponsors have at least one sc457 visa holder working for them for whom the SAF levy has not been paid either for 482 or 186/ 187 visas. Q3: For those 186-TRT lodged, with sponsors only fulfilling the Training Benchmark obligations for the completed sponsorship years prior to 12 August 2018, they would have missed out the Training Benchmark obligations for the current sponsorship year. How could this be remedied? Response: At McKkr’s, we are helping RMAs in preparing a tailored submission to the Department of Home Affairs, FOR FREE, if we are the provider of Training Benchmark B for a sponsor OR if we are hired now to write Auditable Training Plan and deliver training for the current or missed year(s). For any further queries, please feel free to cal us on 02-4626 1002. Do not forget that McKkr’s training delivery is valid for Training Benchmark B and McKkr’s is a leading Training Benchmark B provider in the country having delivered thousands of trainings under Training Benchmark B with 100% success.
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The following information has been published on the #Business #Skills #Migration Queensland (#BSMQ) website. A common question from prospective Queensland business migrants and their migration agents is ‘How do I write a business proposal?’ The most important thing to keep in mind is that the applicant MUST use the BSMQ business proposal template. BSMQ does not accept a business proposal written by a professional in place of this template (although, if there is a professional business plan available, it can be attached as a secondary document). If you need help in preparing business proposals, please contact us. Another very important point is that the business proposal must be tailored to the individual’s business plans in Queensland. A business proposal needs to be specific rather than broad. Don’t spend too much time talking about an applicant’s business history (a paragraph is fine), the industry in general, market trends, risk analysis etc. Doing this but not providing specific details about the business will lead to the proposal being rejected. The proposed business also needs to demonstrate how it will benefit the Queensland economy. Some of the basic points BSMQ assess in approving a business proposal include: Will the business create local jobs? Does the business bring innovative products and technology to Queensland? Does the migrant provide global links to overseas networks? Does the business benefit regional development? BSMQ is also often asked ‘What business should I start?’ and ‘What are the priority areas for Queensland?’. The simple answer is: If your business idea meets our criteria and you have the market research to show it is a viable business for the area, then Queensland is open to any proposals! Queensland priority industries traditionally include: mining and resources agribusiness tourism education infrastructure. BSMQ would also like to encourage more applications focused on knowledge-based industries, including: health (eg medical devices/equipment, biotechnology, aged care) IT-related new technologies (eg software development, gaming solutions, new apps). Regarding the #188 #Business #Innovation #and #Investment #(Provisional) #visa – Business Innovation Stream, where the minimum level of investment is $200,000, small retail franchise businesses or cafes/restaurants are not preferred for the Brisbane and Gold Coast areas. However, these businesses may be considered for #regional #areas. Property development is another area that will not be considered for the 188A visa. Property development will only be considered under the Business Talent (Permanent) visa (subclass #132) – Significant Business History stream due to the larger scale of investment needed and potentially longer timeframes to generate turnover. Finally, it is important to do realistic and comprehensive market research before writing the business proposal. Unrealistic applications will not succeed. For example, BSMQ has received applications in the past that focus on building apartments near the beach in Toowoomba (where there is no beach) and a proposal that focused on setting up a garment factory in Brisbane hiring 200 people with an investment of $500,000 (not at all possible due to labour and rent costs in Brisbane). Comprehensive market research ensures that all bases have been covered and you can properly assess whether the business is viable in Queensland.
What is a bridging visa? Bridging Visas are simply transitory visas which permit the applicant to remain in Australia for a certain period of time and follow the expiration of the applicant’s current substantive visa while waiting for an application for another substantive visa to be processed. How are they granted? The applicant is onshore and has lodged a new application with Department of Home Affairs; The applicant has applied to the AAT for a decision on a visa refusal or cancellation; There is a court appeal and the applicant is awaiting on a decision on the visa; The applicant has requested for a Ministerial Intervention; or The applicant has been an unlawful non-citizen and is making arrangements to depart Australia voluntarily. Types of Bridging Visas There are six bridging visa types which all have slightly different entitlements attached to them. Bridging Visa A subclass 010 (BVA) The Bridging Visa A is granted when the applicant applies for a visa while they are onshore and is the holder of a valid visa. The BVA allows the applicant to remain in Australia after the expiry of his substantive visa while he waits for a decision on his pending visa application. If an applicant holds a BVA and his visa application has been refused, the applicant has 28 days to depart Australia. The applicant can appeal the decision to the AAT. The BVA will be automatically extend to allow the Tribunal to make a decision. Under the Migration Act 1958 and the Migration Regulations 1994, the BVA entitles the applicant to travel within Australia, but he is not permitted to return to Australia if he has departed the country. If the applicant intends to return to Australia after his travel overseas while waiting for a decision on his visa application, he should apply for a Bridging Visa B. The BVA also allows the holder work and study permissions based upon the substantive visa they previously held. Bridging Visa B subclass 020 (BVB) The Bridging Visa B grants the holder a right to travel and return with a ‘travel authority’ and ‘travel period’ which means the applicant has permission to travel overseas and return to Australia. The Bridging Visa B will continue to be in effect until a decision on the visa application is finalised (or a Bridging Visa A is reinstated). The BVB can be applied online using Immi Account if the applicant has applied for substantive visa through ImmiAccount and a decision has not yet been made on that application. Bridging Visa C subclass 030 (BVC) A Bridging Visa C is available when the applicant lodges an application for a substantive visa while he is unlawfully in Australia. This type of bridging visa is granted if an applicant does not hold a substantive visa and has subsequently become unlawful before applying for a new visa. BVC’s are granted upon the Department of Home Affairs receiving a valid application for a visa while the applicant is unlawfully in Australia, as there was a period of time between the applicant’s visa expiring and applying for a new visa. Under the Migration Act 1958 and Migration Regulations 1994, the Bridging Visa C does not permit the applicant to return to Australia if he decides to depart the country before the decision of his substantive visa application is made. The applicant cannot apply for a Bridging Visa B for permission to travel if he holds a Bridging Visa C. A holder of Bridging Visa C with a condition that prohibits him from working, can apply to have this condition removed. Because there are no avenues to appeal a decision granting a bridging visa with unfavourable conditions, they are required to apply for a new Bridging Visa C without the work prohibition attached to it. Bridging (Prospective Applicant) Visas subclasses 040 and 041 (BVD) Bridging (Prospective Applicant) Visas are granted when the applicant is about to become unlawful and has attempted to lodge an invalid substantive visa application. This Bridging Visa does not come with work entitlements and cannot be applied for permission to travel. The applicant cannot apply for a BVB for travel overseas. To be eligible for a BVD the applicant must be an unlawful non-citizen or will become unlawful within three business days of his application for the bridging visa, and also he has made a genuine attempt to make a valid application for a substantive visa and he will be able to lodge a valid application for a substantive visa within five working days. Bridging Visa E subclass 050 and 051 (BVE) Bridging Visas E are generally granted to non-citizens to allow them to remain in Australia lawfully and to provide them with time to depart Australia voluntarily. This usually occurs when a decision has been made to cancel a visa under section 116 of the Migration Act 1958. Bridging Visas E are also granted as a way to remain in Australia while applying for a substantive visa, wait for a decision by a court on an appeal, or wait for Ministerial Intervention to grant a visa. Bridging Visas E are also granted if an applicant has applied for a protection visa. Bridging Visas E are granted in circumstances where a non-citizen is unlawful either through their visa expiring or it being cancelled and will allow them to remain in Australia to make arrangements to return their country of origin or to finalise any outstanding migration matters. A Bridging Visa E comes with very specific conditions, such as reporting conditions, requiring the visa holder to report to a Department of Home Affairs’ office periodically, and ‘no work’ and ‘no study’ conditions. These conditions can be removed if accompanied with submissions explaining why work or study rights should be granted. Bridging Visa F subclass 060 (BVF) A Bridging Visa F can be granted if a non-citizen is a person of interest to police in Australia concerning serious commonwealth offences involving trafficking, sexual servitude, or deceptive recruiting. This visa will allow the unlawful non-citizen to
The labour market in Australia is strong and constantly evolving, with the number of workers in most industries expected to grow over the next five years. There are likely to be around 886,000 more jobs by 2023. The top industries for expected jobs growth over the next five years are in: Health Care and Social Assistance Construction Education and Training Professional, Scientific and Technical Services Marketing and Advertising Hospitality (food preparation) Almost two in every three newly created jobs will come from these industries. These are not the only industries that are likely to do well in the coming years as increased demand for jobs in one industry will create demand in other related industries. Reasons for expected jobs growth include: An ageing population and shifting demographics and reliance on Australia’s National Disability Insurance Scheme. Growing demand for health therapy, health diagnostics, midwifery and nursing and home-care based services. Capital investment in infrastructure. Evolving computer system design and changing priorities in the management and consulting services sectors. Increased involvement in sport at all levels. Resilience to increasing job automation. Strong demand for qualified food technicians and food delivery services. Strong domestic and international tourism. A changing emphasis on continuous learning such as adult and community education, employment educational support and private tutoring. Growing demand for childcare and child education.
Beware of social media posts and websites promoting the acquisition of International English Language Testing System (IELTS) certification without taking the examination. A certified level of English is mandatory for most Australian visas. Under IELTS, testing is mandatory. A visa applicant is required to obtain the minimum score, depending on visa criteria, in each band of the IELTS (Reading, Writing, Listening, and Speaking) in a single sitting. Fraudsters are targeting potential migrants and other visa applicants, primarily in Asia and the Middle East, on social media and dedicated websites and advising that they can acquire IELTS certification without taking the mandatory examination. The scam usually involves the sale of fraudulent IELTS result certificates. This practice is particularly concerning with the growing number of international students required to meet English language requirements in order to be granted visas to undertake study in Australia. Fortunately, the number of people falling for this scam is low at this point in time as IELTS are aware of the practice and are taking security measures accordingly. Note that fraudulent documents being offered for sale cannot be verified on the official online IELTS portal.
Recent changes to the WHM visa program to support regional and rural communities. From 1 July 2019, WHM visa holders who carry out 6 months of specified work in regional areas while on their second Working Holiday (subclass 417) visa or Work and Holiday (subclass 462) visa may be eligible to apply for a third visa. Eligible types of work and regional areas will correspond with the requirements for the second visa. Note: The 6 months work must all be carried out on or after 1 July 2019, so a successful application cannot be lodged before January 2020.
The following update on the South Australian DAMAs from Immigration South Australia has been published. The South Australian Designated Area Migration Agreement (DAMA) provides a framework for local employers to sponsor overseas workers in skilled and semi-skilled positions which are experiencing skills and labour shortages. Concessions such as English language, salary, skills and experience and age to facilitate pathways to permanent residency are offered in a range of selected positions. Approved occupations and concessions The list of approved occupations, and range of concessions that are eligible for sponsorship under the SA DAMA, falls under two agreements: Adelaide Innovation and Technology Agreement There are 60 occupations on the Adelaide Innovation and Technology Agreement which supports the Adelaide City Deal. These occupations provide employers in the defence, space, and advanced manufacturing and technology industries with the ability to access and retain a highly-skilled workforce. Concessions offered on this Agreement address specific challenges including, attracting a skilled workforce by offering pathways for permanent residency in South Australia. Following the required period of time on a temporary skilled visa talented individuals may be enabled to meet permanent residency by accessing the age concession when applying for the Employer Nomination Scheme (subclass 186) visa, subject to the occupation and concession being on the DAMA occupation list at time of application. South Australian Regional Workforce Agreement There are 114 occupations on the South Australian Regional Workforce Agreement which provide employers in key regional growth industries of agribusiness, health and aged care, hospitality and tourism, mining and construction sectors with the ability to access and retain a skilled workforce. Concessions for occupations vary and include: Up to 10% reduction of the Temporary Skilled Migration Income Threshold (TSMIT), which is set nationally English language concessions at IELTS (or equivalent in another accepted English language test) 4.5 with no less than 4.0 in any of the four test components Skills assessment concession Age concession to enable pathways to permanent residency The South Australian Designated Area Migration Agreement also provides eligible businesses access to 4 occupations not listed in ANZSCO, this are identified under a placeholder code as ‘ANZSCO 070499’. Information relating to the application process and how to apply will be available from 1 July 2019.
The following update on the Queensland skilled migration programme has been published on the Business Skills Migration Queensland website. Closure of BSMQ skilled program The Queensland skilled state nomination program has now closed 10 May 2018 at 12pm. Expressions of interest (EOI’s) submitted after this date and time will not be considered. BSMQ will continue to process those EOI’s that have previously been lodged from 18 April – 10 May 2019 12pm until quota has been reached. Please do not contact us regarding the progress of your EOI as this will slow down the processing team from finalising applications. If you have missed out this time around, the Queensland business and skilled state nomination programs will re-open again with new quotas and new criteria for 2019-20 financial year in early July 2019. At this time of re-opening you will need to submit a NEW EOI as we will not be selecting any previously submitted or updated EOIs prior to this date.