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Australia revisits English language criteria

Recently, the Government has announced certain measures to protect Australians, securing the borders, and providing resources to recover from the impact of Covid-19 pandemic. Amongst other things, the plan focuses on immigration and social cohesion by supporting migrants to learn English language and enable them to have the best chance to make a life and succeed in Australia. Being Australia’s national language, the following approaches taken by the Government shed some light on the importance of English language in Australia. Partner Visa Changes Partner visas allow Australian citizens, Australian permanent residents and eligible New Zealand citizens to sponsor their married and de-facto partners through the partner visa and fiancés who are outside Australia through Prospective Marriage visa. There are different types of partner visas: Prospective Marriage visa – Subclass 300 Partner visa (Onshore) – Subclass 820 (Temporary) and Subclass 801 (Permanent) Partner visa (Offshore) – Subclass 309 (Temporary) and Subclass 100 (Permanent) Currently, none of the partner visas have the requirement of English language as an eligibility criteria. However, the Government has indicated introduction of a new requirement to learn English language for partner visa applicants and their sponsors from late 2021, to maximise job prospects in Australia, and enhance social cohesion. If legislative changes are made to this effect, new partner visa applicants and their sponsors will be required to meet functional English requirements or demonstrate that they have made reasonable efforts to learn English by various means, such as completing 500 hours of free English language classes through the Adult Migration English Program (AMEP). It is important to know that this requirement will apply at time of the permanent visa application stage only and not the provisional/temporary visa stage. The changes are aimed towards protecting partner visa applicants against family violence by enabling them to have an established support network in Australia, where they can know how and where to seek assistance if any such situations arise. Expanding Access to English Tuition Bill The Parliament has introduced a new bill, Immigration (Education) Amendment (Expanding Access to English Tuition) Bill 2020, which would amend the Immigration (Education) Act 1971 with an aim towards supporting migrants to learn English. The Bill proposes to expand eligibility for migrants to access English tuition to bridge the gap for migrants who have either exhausted their tuition hours without reaching the level of vocational English, or are ineligible for the program. The Bill proposes to amend the upper limit for eligibility to access English tuition to the higher level of vocational English, which is currently functional English, along with removal of 510 hours limit on person’s entitlement to English tuition under the AMEP. These reforms may be seen as one of the most significant reforms to the AMEP and is only the first step of the Government’s plan to make “English tuition more accessible, ensure better quality outcomes and encourage greater participation”. The AMEP is delivered nationally across 58 regions by Registered Training Organisations (RTO). English Language Requirements IELTS TOEFL PTE CAE OET Vocational English 5 for each of the 4 test components 4 for listening, 4 for reading, 14 for writing and 14 for speaking 36 for each of the 4 test components 154 in each of the 4 test components B for each of the 4 test components Functional English 4.5 based on the 4 test components 32 based on the 4 test components of speaking, reading, writing and listening 30 for each of the 4 test components 147 in each of the 4 test components –   You may be able to prove your level of English competency if you have undertaken your education or have completed a degree in English for certain number of years, or are a holder of valid passport issued by any of the specified countries. The changes discussed in this blog have not been formalized yet and thus, are not in effect currently. These are proposed changes that reflect the Government’s approach to strengthen the Australian community by upskilling the language ability. If you want to know more about English requirements or want to discuss any other migration issue, Contact Us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents.

Insights into Designated Area Migration Agreements in South Australia
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Insights into Designated Area Migration Agreements in South Australia

Designated Area Migration Agreements (DAMAs) are formal agreements between the Australian Government, represented by the Department of Home Affairs, and the State or Territory Governments, known as the Head Agreement, to supplement the workforce strategies of States, Territories and regions, to support employers in designated areas and help them adjust to changing economic conditions. DAMA is a two-tier framework and requires individual labour agreements with employers operating in designated areas upon the execution of the Head Agreement. DAMA focuses on providing flexibility to employers based on their specific economic and labour market conditions. Once executed, individual DAMAs are generally in effect for five years and allows employers to bring overseas skilled and semi-skilled workers to work for them. Currently, there are seven Head Agreements in place in defined regions of Northern Territory, The Goldfields WA, Great South Coast VIC, Adelaide City and Regional SA, Orana NSW and Far North Queensland. This blog is focusing on DAMAs in South Australia. South Australian Government, represented by the Department for Innovation and Skills, has two DAMAs with the Australian Government: Adelaide Technology and Innovation Advancement Agreement – to fill skills shortage in metropolitan Adelaide’s high-tech growth industries including defense, space, technology and advanced manufacturing industries; and South Australian Regional Workforce Agreement – to fill skills shortage in South Australia’s regional high growth industries including agribusiness, forestry, health and social services, tourism and hospitality, construction and mining. Recent changes announced by Skilled & Business Migration in October 2020 After the annual review, the Commonwealth Government has agreed to certain significant changes in South Australia’s DAMA, including: Adding new occupations to focus on health care, manufacturing, high-tech sectors, agribusiness, and food production. South Australia’s DAMA Occupation List is provided below. Granting additional English language and age concessions to visa applicants, offering a pathway to permanent residency through the Temporary Skill Shortage (Subclass 482) visa or the Skilled Employer Sponsored Regional (Provisional) (Subclass 494) visa. Approving South Australian Government as a skills assessment authority for occupations that require a skills assessment and have no alternative skills assessment authority. DAMA Occupation List Metro Occupations Advancement Manager Advancement Professional Clinical Researcher Data and Analytics Manager Digital Artist Digital Producer Digital Production Manager Digital Supervisor Senior Digital Artist Chief Executive or Managing Director Corporate General Manager Public Relations Manager Corporate Services Manager Policy and Planning Manager Research and Development Manager Importer or Exporter Chief Information Officer Laboratory Manager Quality Assurance Manager Specialist Manager nec Dancer or Choreographer Actors, Dancers and Other Entertainers nec Artistic Director Film and Video Editor Training and Development Professional Mathematician Statistician Librarian Other Spatial Scientist Graphic Designer Illustrator Multimedia Designer Web Designer Naval Architect Chemist Environmental research Scientist Environmental Scientists nec Geophysicist Hydrogeologist Life Scientist (General) Biochemist Biotechnologist Botanist Marine Biologist Microbiologist Zoologist Life Scientists nec Meteorologist Natural and Physical Science Professionals nec Dance teacher (Private Tutor) Multimedia Specialist Web Developer Analyst Programmer Developer Programmer Medical Laboratory Technician Chemistry Technician Earth Science Technician Life Science Technician   Regional Occupations Care Supervisor Cold Store Manager Cold Store Operator Cook (ethnic cuisine) Dairy Cattle Farm Operator Electrical Motor Repairer or Winder Irrigation Technician Poultry Farm Supervisor Poultry Stockperson Production Horticultural Supervisor Senior Dairy Cattle Farm Worker Senior Piggery Stockperson Skilled Horticultural Worker Vineyard Manager Vineyard Supervisor Welding Engineer Welding Inspector Welding Specialist Supervisor Welding Technologist Aquaculture Farmer Fruit or Nut Grower Grape Grower Mixed Crop Farmer Vegetable Grower Beef Cattle Farmer Dairy Cattle Farmer Mixed Livestock Farmer Pig Farmer Poultry Farmer Mixed crop and Livestock Farmer Sales and Marketing Manager Construction Project Manager Engineering Manager Manufacturer Production Manager (Forestry) Production Manager (Manufacturing) Production Manager (Mining) Supply and Distribution Manager Procurement Manager Child Care Centre Manager Facilities Manager Civil Engineer Structural Engineer Transport Engineer Electrical Engineer Electronics Engineer Industrial Engineer Mechanical Engineer Production or Plant Engineer Engineering Technologist Agricultural Consultant Agricultural Scientist Food Technologist Wine Maker Exercise Physiologist Early Childhood (Pre-primary School) Teacher Special Needs Teacher Teacher of the Hearing Impaired Teacher of the Sight Impaired Special Education Teachers nec Dietician Sonographer Optometrist Orthoptist Orthotist or Prosthetist Health Diagnostic and Promotion Professionals nec Chiropractor Osteopath Dental Specialist Dentist Occupational Therapist Physiotherapist Podiatrist Audiologist Speech Pathologist Registered Nurse (Aged Care) Registered Nurses nec Rehabilitation Counsellor Counsellors nec Clinical Psychologist Educational Psychologist Organizational Psychologist Psychotherapists Psychologists nec Interpreter Social Worker Welfare Worker Agricultural Technician Meat inspector Primary Products Inspectors nec Civil Engineering Draftsperson Electrical Engineering Draftsperson Electrical Engineering Technician Electronic Engineering Draftsperson Electronic Engineering Technician Mechanical Engineering Draftsperson Mechanical Engineering Technician Sheetmetal Trades Worker Metal Fabricator Pressure Welder Welder (First Class) Fitter (General) Fitter and Turner Fitter-Welder Metal Machinist (First Class) Metal Fitters and Machinists nec Vehicle Body Builder Vehicle Trimmer Vehicle Painter Stonemason Veterinary Nurse Nurseryperson Plastics Technician Dental Hygienist Dental technician Dental Therapist Diversional Therapist Enrolled Nurse Community Worker Disabilities Services Officer Family Support Worker Residential Care Officer Youth Worker Aged or Disabled Carer Dental Assistant Nursing Support Worker Personal Care Assistant Therapy Aide Driller Miner Shot Firer Agricultural and Horticultural Mobile Plant Operator Backhoe Operator Meat Boner and Slicer Slaughterer Fishing Hand   If you want to know more DAMA occupations, skilled migration or are looking for other options to migrate to Australia, Contact Us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents.

All you need to know about Temporary Graduate Visa during COVID-19
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All you need to know about Temporary Graduate Visa during COVID-19

Temporary Graduate (Subclass 485) visa is for international students who have recently finished their studies. The is a temporary visa that allows eligible students to live, study and work in Australia after completion of studies for up to 4 years. Students are eligible to apply for Subclass 485 visa once as a primary applicant. Further, this visa does not require any sponsorship from an Australian employer or an Australian relative or a nominating State or Territory. COVID-19 Concessions To provide assistance to temporary and provisional visa holders, who have been affected by the COVID-19 pandemic due to travel restrictions, the Migration Amendment (COVID-19 Concessions) Regulations 2020 dated 17 September 2020 [“the Instrument”] was passed to amend the provisions related to Subclass 485 visa. The following changes are brought by the Instrument, effective from 19 September 2020: Subclass 485 visa applicants may apply while within or outside Australia Concession for visa applicants from holding student visa within the six month period Study requirements extended from 6 months to 12 months for visa applicants Grant of Subclass 485 visa to applicants outside Australia This visa has 2 streams: Graduate Work stream and Post-study Work stream, for qualifications completed outside or within Australia, respectively. Both streams have slightly different eligibility requirements. Eligibility for Graduate Work stream You must: Be under 50 years of age Meet Australian study requirements Meet English Requirements Nominate one occupation on the Medium and Long-term Occupation list that is closely related to that occupation Have positive skills assessment Meet health and character requirement Not have had a visa cancelled or a previous application refused Visas granted under this stream, allow the applicants to stay in Australia for up to 18 months. Eligibility for Post-Study Work stream You must: Meet Australian study requirement Hold an eligible qualification at a degree-level or above Have studied with an Australian education provider Meet health and character requirement Meet English Requirements Not have had a visa cancelled or a previous application refused Unlike applicants in the Graduate Work stream, applicants in the Post-Study Work stream are not required to nominate an occupation Visas granted under this stream, allow the applicants to stay in Australia for up to 4 years. Under special arrangement for Hong Kong passport holders, they may be eligible to stay for 5 years under both visa streams. Advantages of Subclass 485 visa Study and work in Australia Live in Australia Travel to and from Australia Bring eligible dependents to Australia If you facing any migration issues or want to know more this visa, Contact Us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents in Sydney who can help you.

All you need to know about Skilled Regional Visa during COVID-19
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All you need to know about Skilled Regional Visa during COVID-19

Skilled Regional visa (Subclass 887) allows people who have lived and worked in specified areas of regional Australia to live anywhere in Australia permanently. To provide assistance to temporary and provisional visa holders, who have been affected by the COVID-19 pandemic due to travel restrictions, the Migration Amendment (COVID-19 Concessions) Regulations 2020 dated 17 September 2020 [“the Instrument”] was passed to amend the Migration Regulations 1994 and accordingly, Part 2 of the Instrument amended provisions regarding Subclass 887 visa. COVID-19 concessions From 19 September 2020, COVID-19 concessions apply to lodgement and eligibility requirements for eligible prospective applicants for Subclass 887 visa. The following changes are applicable: Visa holders and former visa holders (Subclass 489, Subclass 475, Subclass 487, Subclass 495 or Subclass 496), whose visas expired during the Concession Period, may apply for Subclass 887 visa while outside Australia Grant of Subclass 887 visa to applicants outside Australia Concession for visa holders and former visa holders, whose visas expired during the Concession Period, from the requirement to live in a specified regional area for two years Full-time work requirement in a specified regional area reduced from 12 months to 9 months For this purpose, the Instrument defines Concession Period as ‘the initial concession period’ commencing from 01 February 2020, being the date when first travel restriction was announced in response to COVID-19 by the Australian Government. Eligibility for Subclass 887 Visa You must: Have a previous eligible visa Have complied with conditions of your eligible visa Meet residence requirement Meet work requirement Meet health and character requirements Meet English Language requirements Not have had visa cancellation or a previous visa application refusal Currently, the Department is assessing applications submitted before 19 September 2020. If you lodged your visa application before 19 September 2020, you must be in Australia when the visa is granted. However, if your application was lodged on or after 19 September 2020, you can be in or outside Australia when the Department makes a decision on your application. Advantages of Subclass 887 Visa Live, work and study in Australia Apply for Australian citizenship, if eligible Enrol in Medicare Bring eligible relatives to Australia permanently If you want to know more about this visa or are seeking assistance for migrating to Australia, Contact Us or call us on (+61) (02) 4626 100 to speak to one of our Registered Migration Agents in Sydney to discuss your options.

Interim nominations allocations for States and Territories for 2020-21 Program Year
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Interim nominations allocations for States and Territories for 2020-21 Program Year

According to information released by the Department of Home Affairs on 11 September 2020, under Freedom of Information request (FOI), the interim nomination allocations or States and Territories for Skilled Nominated visa (Subclass 190), Skilled Work Regional (Provisional) visa (Subclass 491), Skilled Regional (Provisional) visa (Subclass 489) and Business Innovation and Investment Program for 2020-21 Program Year is as follows. 2020-21 Interim Allocation Subclass 190 State/Territory Skilled Nominated Subclass 491 and 489 Skilled Work Regional (Provisional) Business Innovation and Investment Program Australian Capital Territory 250 45 4 New South Wales 550 150 200 Victoria 600 200 400 Queensland 200 200 160 Northern Territory 80 80 5 Western Australia 200 40 70 South Australia 300 600 180 Tasmania 250 400 5 Total 2,430 1,715 1,024   Under the Freedom of Information Act 1982, there is a general right of access to information held by Commonwealth Departments and Authorities. If you have any questions or are seeking more information, Get In Touch with us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents in Sydney who can help you.

Invitation Rounds during Covid-19
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Invitation Rounds during Covid-19

The Department of Home Affairs runs invitation rounds every month for Skilled Independent Visa (Subclass 189) and Skilled Work Regional (Provisional) Visa (subclass 491) – Family Sponsored Stream. The number of invitation issued in each round may vary depending on the number of applications that are being processed by the Department. It is important to know that the Departmental invitation rounds do not impact the State or Territory Government nominations for Skilled Work Regional (Provisional) Visa (Subclass 491). The dates for the invitation rounds are subject to change and as such, are not fixed monthly. During the Covid-19 pandemic, like everything else, the Department invitation rounds are also running, rather, unusually. The Department has adopted the approach of conducting targeted invitation rounds as have occurred since May 2020 until August 2020, with a view to monitoring migration and visa pathways closely and ensuring that the approach is consistent with public health measures adopted in Australia. The focus is to ensure that migration is undertaken to respond to the immediate and subsequent impacts of pandemic effectively, but not at the cost of job opportunities for Australians. In this financial year’s program, the Department has issued the following number of invitations so far: Month Skilled Independent Visa (Subclass 189) Skilled Work Regional (Provisional) visa (subclass 491) – Family Sponsored Stream July 2020 500 100 August 2020 110 90 Total 610 190   Due to high levels of demand, certain occupation groups are subject to pro rata arrangements to maintain availability of invitations across those occupations the program year. Some of these occupations are Accountants, Auditors, Company Secretaries and Corporate Treasurers, Electronics Engineer, Industrial, Mechanical and Production Engineers, and Engineering Professionals. In terms of process, the places are first allocated to Subclass 189 visa and the remaining places to Subclass 491. This means that if all places are allocated under Subclass 189 visas, no invitations are issued for Subclass 491 visas in the particular occupations. If you have any questions or need more information on Invitation Rounds/SkillSelect, Contact Us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents in Sydney to discuss your visa pathway.

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Nomination for migration advice industry advisory group

The Ministry of Customs, Community Safety and Multicultural Affairs has decided to establish an advisory group for a Migration Advice Industry, to provide expert advice to the Commonwealth Government on matters relating to migration, including potential reforms to the legislative framework which govern the migration industry. As part of providing expert advice to the Australian Government, the group may be required to: support the review of various Instruments related to Migration Agents undertaken by the Department of Home Affairs, including the Migration Act 1958, the Migration Agents Regulations 1998 (the Regulations) and related instruments provide expert advice to develop a world class migration advice industry in Australia including suggesting improvements to the current qualification standards, professional standards and addressing misconduct and unlawful activity assist in defining the strategy for engagement with the industry provide fair and frank advice on matters related to the efficient functioning and growth of the migration industry The group is to comprise 18 formal members from varied backgrounds including include migration agents (legal and non-legal), academics, community and the government sectors. The Government is seeking nominations for membership from experts with demonstrated practical experience in the migration advice industry. If you are interested in sending your nomination, submit the Nomination form here. The deadline to file the nominations is 5pm Friday, 4 September 2020. To read the full announcement, click here.

Electronic Travel Authority
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Electronic Travel Authority

Electronic Travel Authority (Subclass 601) is a temporary visa that allows you to visit Australia for a holiday or a cruise, to visit family or friends, or to undertake certain business visitor activities, if you have a passport from an eligible country. Eligibility for Electronic Travel Authority (ETA) You must: Have passport from an eligible country Have a genuine intention to stay in Australia temporarily Meet the health and character requirements Not have debts to the Australian Government You must be outside Australia or in immigration clearance when you apply for this visa. Once granted, this visa is usually valid for a 12-month period. There is no Visa Application Charge (VAC) for ETA, however, you have to pay an online application service cost of AUD $20. You cannot add dependant family members in your visa application. You must file a separate application for each applicant. It is also important to know that the Department may refuse to grant this visa if it is not in the best interest of an applicant who is a child, less than 18 years old. Advantages of Electronic Travel Authority Multiple entries to Australia Stay for up to 3 months at a time List of Eligible Countries Andorra Austria Belgium Brunei Canada Denmark Finland France Germany Greece Hong Kong (SAR of China) Iceland Ireland Italy Japan Liechtenstein Luxembourg Malaysia Malta Monaco Norway Portugal Republic of San Marino Singapore South Korea Spain Sweden Switzerland Taiwan (excluding official or diplomatic passports) The Netherlands United Kingdom—British Citizen United Kingdom—British National (Overseas) United States of America Vatican City   If you do not hold a passport from the above-listed countries or want to know about other Visitor Visa options, Get In Touch with us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents to discuss your options to visit Australia.

Business Visitor Visa
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Business Visitor Visa

The business visitor stream of Visitor Visa (Subclass 600) allows you to travel to and visit Australia for business purposes. This visa facilitates conducting legitimate business visitor activities but does not extend to undertaking work for or providing services to an organisation, or selling goods or services directly to the general public. Eligibility for Business Visitor Visa You must: Meet the health and character requirements Not have debts to the Australian Government Have sufficient funds to support your stay in Australia Have a genuine intention to stay in Australia temporarily Perform only legitimate business visitor activities For this purpose, Regulation 1.03(a) of the Migration Regulations 1994 (Cth) defines ‘business visitor activity’ as: “any of the following activities undertaken by a person: making a general business or employment enquiry;  investigating, negotiating, entering into, or reviewing a business contract; an activity carried out as part of an official government to government visit; participation in a conference, trade fair or seminar in Australia unless the person is being paid by an organiser for participation;” Accordingly, any activities other than the above-mentioned ones are not permitted on this visa and may result in breach of your visa condition leading to your visa cancellation. Further, you cannot add dependant family members in your visa application. Each family member travelling with you must apply for a separate Visitor Tourist stream visa (Subclass 600). It is important to know that the Department may refuse to grant this visa if it is not in the best interest of an applicant who is a child, less than 18 years old. In addition to Business Visitor Visa, Electronic Travel Authority (Subclass 601) and e-Visitor Visa (Subclass 651) also allow you conduct legitimate business visitor activities, if you have a passport from an eligible country. These visas usually have an attached Condition 8115 which precludes visitors from undertaking work that may otherwise be undertaken by an Australian citizen, an Australian permanent resident or a temporary work visa holder. If you want to know more about business visas or are seeking any migration assistance, Contact Us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents in Sydney to discuss your options.  

Insights into Australian Citizenship
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Insights into Australian Citizenship

According to the Department of Home Affairs (DoHA), more than 5 million people have become Australian citizens since the introduction of concept citizenship in Australia in 1949 vide the erstwhile Nationality and Citizenship Act 1948 (Cth). There is no doubt that the idea of citizenship remains ‘fundamental to [one’s] national identity’ as the Department continued to conduct online citizenship ceremonies even while the face-to-face ceremonies were temporarily suspended due to the outbreak of Covid-19 (Coronavirus) pandemic. The Hon Alan Tudge MP, the Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs has recently stated that, “The Morrison Government recognises the importance of Australian citizenship for migrants and for the wider Australia community. Already in 2019-20, more than 157,000 people have been conferred Australia citizenship, up 70% on the same period in 2018-19”. The table below shows the former nationality and the number of people who were conferred Australian citizenship in 2018-19 (01 July 2018 to 30 June 2019). NATIONALITY NO. OF PEOPLE India 28,470 United Kingdom 13,364 Philippines 9,267 China (mainland China only) 7,974 Sri Lanka 4,861 Vietnam 3,501 Pakistan 3,360 Nepal 3,294 Iraq 3,087 South Korea 3,062 Other 47,434 Total 127,674   During this period, the Department conferred citizenship to nationals from at least 200 different countries. If you have any questions or are seeking migration related advice on this issue, Discuss Your Situation with us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents who can help you.