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In this issue we feature recent
Regulations changes, in particular skilled migration and business
visas. 'WorkChoices' and migrant working conditions have also received wide media coverage of late, so in this issue we also highlight these issues as they affect visa holders.
Skilled migration & business visas
Filipino migration made easier
Under Australia's strict immigration laws, only applicants for skilled migration who have recognised qualifications are eligible to apply for migration. All professionals and associate professionals are assessed by various authorities. In all cases assessing bodies make their assessments on the basis of information contained in what are known as the Country Education Profiles (CEP), published by Australian Education International-NOOSR.
In related news, the Australian Government plans to open skills assessment centres in the Philippines, India, Sri Lanka, South Africa and the UK by mid-2007. ("Migrants get fast-tracked," Sydney Morning Herald, 4 October 2006)
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A revised Philippines Country Education Profile issued in August 2006 has opened up new opportunities for Filipinos interested in obtaining skilled migrant visas for Australia.
- For more information, we invite you to read David Bitel's
feature article.
- Mr Bitel will be available for consultations in Manila in early December. Contact our
Immigration Enquiries for an appointment, or ring tel +61 2 9286 8700 (or 1300 850 695 from within Australia). A consultation fee will apply.
Revised Migration Occupations in Demand List (MODL)
The Migration Occupations in Demand List (MODL) was revised effective 20 September 2006. Nine new occupations and specialisations will be awarded extra points toward General Skilled Migration:
- Child care coordinator
- Surveyor
- Electrical engineer
- Mechanical engineer
- Computing professionals with the following specialisations:
- C++/C#/C
- Java
- J2EE
- Oracle
- PeopleSoft
Four occupations have been removed from the list:
- Computing professional with specialisation in E-commerce Security (non-programming
- Nuclear medicine technologist
- Radiation therapist
- Flat glass tradesperson
The MODL now includes 35 managerial and professional occupations, one associate professional occupation, nine computing specialisations and 41 trade occupations. Additional information and complete MODL:
Assessment guidelines
Australian Capital Territory sponsoring skilled migrants
The Australian Capital Territory (Canberra, ACT) is targetting skilled migrants under the State Territory Nominated Independent (STNI) visa scheme. Additional information:
Skills recognition report
On 11 September 2006, the Parliament Joint Standing Committee on Migration tabled its report, Negotiating the maze: review of arrangements for overseas skills recognition, upgrading and licensing. The report includes 55 recommendations, including revising the role of the Trades Recognition Authority. Additional information:
Australia a country of immigrants
- Migration statistics 2004-05
The Australian Bureau of Statistics (ABS) has released its annual Migration statistics publication. Of interest:
- 24% of the population in Australia were born overseas
- In the 9 years to June 2005, the largest increase in overseas-born in Australia was from New Zealand (140,000 people)
- In related news, the ABS and DIMA have signed a Memorandum of Understanding to establish a new National Migrant Statistics unit at the ABS. ("New MOU sharpens focus on migrant statistics," ABS media release, 4 September 2006)
Migration, Australia 2004-05 (ABS cat. no. 3412.0)
- Australia's net gain from skilled movements
DIMA has published a new report, Australia's Net Gains from International Skilled Movement, by Monash University's Centre for Population and Urban Research. India has become the third largest source country, after the UK and New Zealand. Additional information:
- Fact sheets on skilled and business migration
The Minister for Immigration, Senator Vanstone, has released a number of media releases and fact sheets to document the success of the Government's skilled and business migration programmes, including:
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Visa changes
Migration Regulations changes
The Migrations Regulations were amended effective 1 July 2006, and again on 1 October 2006. Highlights include:
- Sponsored Family Visitor
- The Minister now has discretion to lift the 5 year bar on further sponsorship by former Sponsored Family Visitor (subclass 679) in certain circumstances.
- Employer Nomination Scheme & New Zealand citizens
- Family members of New Zealand citizens may satisfy criteria for grant of subclass 856 (Employer Nomination Scheme) visa on the same basis as New Zealand citizens.
- Health criteria
- Holders of certain temporary skilled visas who are sponsored by a State or Territory, and members of their family units, may now be eligible for grant of a
permanent skilled visa based on less strict health criteria.
- Certification of documents
- Registered migration agents may certify documents which accompany written communications to the Minister regarding a visa application.
- Regional skilled migration
- Former subclass 139 visa has been replaced with a new, two-stage Skilled Designated Area Sponsored Visa (subclass 883). Applicants will first be granted a three-year provisional visa. After living in a designated area for two years and working for 12 months, they will be eligible to apply for permanent residency;
- Additional amendments to ensure that certain temporary skilled visa holders have settled in a regional area on the temporary visa before they may be granted certain permanent visas.
- Skilled migration for overseas students
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Holders of certain bridging visas A and B may now make valid applications for a
Graduate - Skilled, or an Overseas Student General Skilled Migration visa. Points may now be claimed for work experience while on a bridging visa in certain circumstances.
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Certain applicants who have a visa cancellation set aside by the Migration Review
Tribunal are now eligible to apply for a Skilled - Independent Regional (SIR) or Overseas Student
General Skilled Migration visa.
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Where an assessment that an applicant's skills are suitable for a nominated
occupation is based on an Australian qualification, obtained while the applicant held a
student visa, that qualification must have been awarded as a result of full time study of a
Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS)
registered course.
- General Skilled Migration
- Clarification that for the purpose of allocating Migration Occupation in Demand List (MODL)
points, the relevant MODL is the list in force at the time of application or the time of
assessment, whichever is more favourable to the applicant;
- General points test now provides that in order to have points awarded for a spouse's qualifications, the spouse cannot be an Australian citizen or Australian permanent resident;
- The main applicant for a skilled visa (i.e. not the family members) must be less than 45 years of age and must supply a suitable skills assessment in order to make a valid application for the visa;
- Either the main applicant for a skilled visa or their spouse can be related to the sponsor to satisfy sponsorship requirements, but the main applicant must meet the age, work experience and skills assessment requirements;
- The range of permanent visas that an applicant is also deemed to have applied for when they apply for certain visas has been expanded, in order to facilitate the grant of a visa to applicants who obtain nominations for employment in Australia while their original visa application is being processed;
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Specification under regulations 1.03 and 2.26B - Residential Postcodes, Skilled Occupations, Relevant Assessing Authorities and Points - July 1 changes to Sydney and Selected Areas Skilled Shortage List and Skilled Occupations List.
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Business (Long Stay)
- Interdependent partners (including same-sex partners) and dependent children of interdependent partners of applicants seeking to satisfy the primary criteria for a Business (Long Stay) visa are now eligible for grant of the visa as secondary applicants;
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Minimum salary levels have been specified.
- Distinguished Talent
- An application for a Distinguished Talent visa (subclasses 124 and 858) must now be accompanied by a completed nomination by an Australian citizen or permanent resident or an Australian organisation.
- Sponsored Business Visitor (Short Stay)
- Visa Application Charge has been waived for Sponsored Business Visitor (Short Stay) visa applicants representing foreign governments and certain international organisations;
- Sponsored Business Visitor (Short Stay) visa holders may now travel to and enter Australia on more than one occasion;
- Conditions preventing further stay on Sponsored Business Visitor (Short Stay) visas may now be imposed as a matter of discretion rather than being mandatory.
- Sponsored Business Owner:-
- A definition of "senior manager" for the purpose of grant of a State/Territory Sponsored Business Owner (Provisional) visa has been introduced, to clarify eligibility requirements;
- New provision whereby the usual annual turnover requirement may be waived for certain applicants for a permanent Sponsored Business Owner visa, where an appropriate regional authority has determined that exceptional circumstances exist for grant of a visa and the applicant resides and operates a business in a specified regional area or a low population growth metropolitan area;
- Working Holiday Makers:-
- The amounts of time holders of Working Holiday and Work and Holiday visas can work and study in Australia has been increased;
- Applicants in Australia for further Working Holiday visas may now apply for the grant of a Bridging visa.
- Government fees & charges:-
- Most DIMA fees and charges have increased by 2.7%, except for the second
instalment of Contributory Parent visa applications which has increased by 5.3%;
- Passport fees have been indexed upward in accordance with the CPI;
- Department of Employment and Workplace Relations (DEWR) fee for assessment of occupational qualifications or experience is now $300; and
- Department of Education, Science and Training (DEST) fee for assessment of educational qualifications or experience is now $300.
- Additional information:-
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Working visas - rights and responsibilities
Minimum salaries and conditions
There has been wide media coverage recently about exploitation of working visa holders, and the broader government policy of individual employment contracts ("WorkChoices"). Substantive July 1 regulations changes have been summarised above. Here we highlight some of the issues for visa holders and employer sponsors.
- Minimum salary and conditions - Business (Long Stay) visas
Effective 1 July 2006, the minimum salary and conditions for subclass 457 visas is as follows:
| Skilled occupations (other than ICT) - non regional: | $41,850 |
| Information and Communication Technology (ICT) occupations - non regional: | $57,300 |
| Skilled occupations (other than ICT) - regional Australia: | $37,665 |
| Information and Communication Technology (ICT) occupations - regional Australia: | $51,570 |
NOTE: None of following may be included when calculating minimum salaries:
- Salary packaged items; or
- Accommodation or rental assistance, board, upkeep, meals or entertainment; or
- Incentives, bonuses or commissions; or
- Shares or bonus shares; or
- Travel, holidays, health care/insurance; or
- Vehicles or vehicle allowances; or
- Communications packages; or
- Living-Away-from-Home-Allowance; or
- Superannuation contributions (either voluntary employee or compulsory employer contributions); or
- Any other non-salary benefits or deductions not included in the above, with the exception of Medicare benefits received as a fee for service by medical practitioners.
Source: Minimum salary levels and occupations for the Business Long Stay visa, effective 1 July 2006
- Minimum award wages and conditions - State and Federal industrial relations system
In addition to DIMA requirements applicable to certain visas, all workers are entitled to minimum conditions under their individual State industrial relations system, or in certain cases under the Federal Government's new 'WorkChoices' law.
- State system
- Workers in New South Wales can find out about their entitlements at:
www.industrialrelations.nsw.gov.au
The information is provided in English, Chinese, Vietnamese, Arabic, Korean, Spanish, and Turkish.
- Information for other States and Territories is available
here.
- Federal 'WorkChoices' system
Broadly speaking, the new Commonwealth 'WorkChoices' system applies to employees of corporations, where there are more than 100 employees in the company, and there is not an existing unexpired workplace agreement. If all three of these criteria are not met, then the State law applies.
www.workchoices.gov.au
Parish Patience Immigration can assist both employers and employees in determining their rights and obligations. If you are an employer sponsor, a small business owner, or a working visa holder, we invite you to
contact us. A consultation fee will apply.
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Pending legislation
Commonwealth Bills
Following is a summary of pending legislation as at 11 October 2006. Bills, Explanatory Memoranda, 2nd reading speeches, status of Bills are found at: www.aph.gov.au.
- Australian Citizenship Bills
On 17 September 2006, the Government made two announcements regarding citizenship:
- Minimum qualifying residence period - Amendments will be made to the Citizenship Bills currently pending in Parliament, to increase the minimum residence period to four years. Currently the minimum qualifying period is 2 years. The new laws are expected to come into effect early in 2007.
- 'Citizenship Test' discussion paper - A discussion paper has been released, proposing a detailed citizenship test, including English language requirements, for migrants wishing to take up Australian citizenship. Public comments are invited until 17 November 2006.
Additional information:
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www.citizenship.gov.au - includes links to current Bills and 'Citizenship Test' discussion paper
- Media releases by Parliamentary Secretary to Minister for Immigration and Multicultural Affairs
- Migration Amendment (Employer Sanctions) Bill 2006 - introduced in the Senate on 29 March 2006; referred to Senate Legal and Constitutional Legislation Committee, which tabled its Report on 9 May 2006. The Bill passed through the Senate on 6 September and was introduced into the House of Representatives on the same day. Additional information:
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Migration Amendment (Visa Integrity) Bill 2006 - introduced in the Senate on 21 June 2006. The Bill was referred to a Senate committee, which tabled its report on 11 September 2006. The Committee has recommended passage of the Bill, subject to inclusion of an amendment stating that section 48 of the Migration Act applies only to onshore visa applications.
According to the Explanatory Memorandum, the Bill is intended to:
- Provide certainty in relation to the immigration clearance and immigration status of non-citizen children born in Australia;
- Harmonise certain offence provisions with the Criminal Code;
- Ensure that a security may be imposed for compliance with visa conditions before grant; and
- Clarify certain provisions in relation to Bridging Visas to ensure that a person who leaves and re-enters Australia on a Bridging Visa B cannot avoid the provisions of section 48; and ensure that a Bridging Visa which ceases when an event occurs will cease the moment the event occurs rather than at the end of that day.
Additional information:
- Education Services for Overseas Students Legislation Amendment (2006 Measures No 2) Bill 2006 - introduced into Parliament 6 September 2006. This Bill has passed through the House of Representatives, and was introduced into the Senate on 14 September 2006. The Bill is intended to clarify certain provisions of the ESOS Act, particularly those relating to consumer protection for overseas students.
According to the Explanatory Memorandum, the Bill will amend the ESOS Act to:
- Clarify that a provider is required to advise the Secretary when a student terminates study prior to the completion of the course, whether the termination was the result of action by the student or the provider, or otherwise;
- Remove from the ESOS Act and specify in the regulations that the student visa conditions to which providers' reporting obligations relate and the student visa conditions for which a provider must send a student a written notice of a breach;
- Reduce the maximum penalty for a provider's failure to give the required information about students, report visa breaches, or send notices of visa breaches to students from 60 to 50 penalty points to bring these provisions in line with Commonwealth criminal law policy guidelines;
- Extend the concept of "student default" for refund purposes due to a student's failure to pay course money, breach of student visa condition, or the student's misbehaviour;
- Prevent a written agreement from limiting a refund by a provider for a student default involving a student being refused a student visa in certain circumstances; and
- Other technical amendments.
- Migration Amendment (Border Integrity) Bill 2006 - introduced 11 October 2006. The Bill is intended to further strengthen arrangements at Australia's borders and prepare the way for enhanced security processing using biometrics. Additional information:
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Other Immigration News
Federal Government to take over overseas adoption
The Attorney-General, Mr Ruddock, has announced that the Commonwealth Government will assume primary responsibility for inter-country adoptions. Currently overseas adoptions are managed by the various State and Territory governments. Additional information:
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Staff & website news
Congratulations
- Congratulations to Rania Skaros, who has been accredited by the Law Society of New South Wales as an Accredited Specialist in Immigration Law.
To qualify as an Accredited Specialist, a solicitor must have at least 5 years' full time experience, and also pass a
rigorous oral and written assessment process. Parish Patience Immigration now has on its staff three Accredited Specialists in Immigration Law: David Bitel, Nigel Dobbie, and Rania Skaros.
- David Bitel has been described in the 2006 edition of
International Who's Who of Business Lawyers as 'exceptionally knowledgeable' and a 'stand out' among the Australians listed in the Corporate Immigration chapter of that publication.
- Congratulations to Rania Skaros, Nigel Dobbie, and Etienne Hugo, who have all added to their families recently. We are in the midst of a baby boom at Parish Patience!
- And special congratulations to Mr Tom Ridgeway, who recently celebrated his 90th birthday. Mr Ridgeway is a retired partner of Parish Patience, who continues to consult on property, commercial and probate matters.
Staff movements
- Goodbyes: We have recently farewelled two long-time members of our professional staff. Nicholas McNally has taken a 12-month contract to coordinate a major commercial litigation matter in London. Etienne Hugo has accepted an in-house counsel position with a prominent engineering and property development company on Sydney's north shore. We wish Nick and Etienne all the best in their future endeavours.
- Hellos: Welcome to Mr Golam Mostafa and Geraldine Perino, who have joined our support staff. Golam works specifically on Bangladeshi matters, given his knowledge and experience as our agent in Dhaka prior to his migration to Australia. Geraldine assists Diana Tong and Robert Liu; she is fluent in English and Tagalog.
- Vacancies for professional staff: We are currently accepting expressions of interest from solicitors experienced in migration law and from experienced migration agents. Applicants interested in joining our team are invited to submit their c.v. to Liz Fernandez, Office Manager, at
 or fax (02) 9283 3323 (no telephone calls, please).
Overseas consultationsIn the near future several of our professionals will be available for consultations overseas. We are able to give advice to applicants for all categories of migration to Australia and also for student visas. Applicants for most categories must have English language fluency and need to be aged under 45 years, unless sponsored by relatives.
- Vietnam: Thong Nguyen and David Bitel will be presenting seminars concerning Australian immigration in Ho Chi Minh City on 28 October, and in Hanoi on 2 November. They will also be available for consultations from 29 October to 1 November.
- Philippines: David Bitel will be available for consultations in Manila in early December.
- Interstate: David Bitel regularly travels to Melbourne, Canberra and other capital cities for consultations with prospective visa applicants.
Prospective applicants should contact Immigration Enquiries for an appointment, or ring tel +61 2 9286 8700 (or 1300 850 695 from within Australia). A consultation fee will apply.
Seminars & conferences
- On 14 September 2006, Thong Nguyen represented Parish Patience Immigration at the Australia-Vietnam Chamber of Commerce networking evening and annual general meeting.
- Thong Nguyen also accompanied Mr Hieu Phuong Ngoc Bui, Director of VietCreative Consulting and Education, on a business trip to Darwin, Canberra and Melbourne. VietCreative Consulting and Education is an associated and
representative agent of Parish Patience Immigration in Vietnam. VietCreative can represent on behalf of Vietnamese clients in requesting Parish Patience Immigration to assess and act for their Vietnamese clients in their immigration matters.
Our Website
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Articles page:
- David Bitel's feature article on the new
Philippines Country Education Profile and qualifications assessment: "Filipino Migration Made Easier," October 2006
- Nicholas McNally's review of Hathaway's Rights of Refugees under International Law, reproduced from Law Society Journal, August 2006.
Diary Dates
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Website of the Month
The Beijing Institute of Genomics at the Chinese Academy of Sciences is establishing a "Confucius-DNA database". People who claim to be related to the First Teacher can check their ties by taking a test costing around 1,000 yuan (A$165).
Additional information:
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Contact Us
Parish Patience Immigration
Lawyers
Level 1, State Street Centre
338 Pitt Street
Sydney NSW 2000
Australia
Tel: +61 2 9286 8700
or: 1300 850 695 (within Australia)
Fax: +61 2 9283 3323
Email:
Contact and enquiry
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Good news for Filipinos, revised MODL, skills recognition, more >>
New Regulations, more >>
Minimum salaries & conditions, more >>
Bills, Citizenship announcements, more >>
Overseas adoption, more >>
Rania Skaros becomes Accredited Specialist, more >>
Parish Patience Immigration
Lawyers
Level 1, State Street Centre
338 Pitt Street
Sydney NSW 2000
Australia
Tel: +61 2 9286 8700
or: 1300 850 695 (within Australia)
Fax: +61 2 9283 3323
Email:
Contact and enquiry
form
Disclaimer
The contents of this newsletter are
not intended to be legal advice. Parish Patience Immigration accepts no
responsibility for any action taken in reliance on anything contained in
the newsletter. Individuals should seek advice about their own
circumstances only from a registered migration agent.
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