MIGRATION RESOURCES

The Australia and New Zealand Governments have been in discussion about the possibility of a trans-Tasman bubble.

The release of the 2020-21 Budget has revealed a number of planned changes to the Department of Home Affairs and the migration program, with significant changes to the General Skilled, Family, and Global Talent categories.

The release of the 2020-21 Budget has offered an increase in places offered in the partner visa category, allowing a total of 72,300 partner visas to be granted in the 20/21 program year.

The Australian government has released new legislation on the Labour Market Testing (LMT) requirements for employer-sponsored visas.

The Australian Government has announced a number of changes to the employer-sponsored visa program, with the aim to fill urgent skills needs in critical sectors while also ensuring that Australian workers have first access to job vacancies.

We have outlined below some frequently asked questions and current Immigration policy relevant to employer sponsors with staff holding 457 or 482 visas

TSS Immigration also has clear plans in place to ensure that we can continue to operate during this time.

Imagine for a moment a streamlined process. Where you engage one company to source applicants, screen and process them until they are job ready and visa eligible and a Registered Migration Agent lodges all the relevant paperwork on your behalf.

The changes will heavily focus on the distribution of migrants to regional Australia and maximising the economic and social contribution of applicants in the skilled migration cohort.

Announced at the start of May, applications for the new subclass 870 Temporary Sponsored Parent Visa will be available from 1 July 2019

Without proper LMT evidence, a TSS visa application can fail, costing businesses essential time and money.

New occupations available for numerous Australian visa subclasses including 482, 189, 190, 489 & 485

The Medium and Long-term Strategic Skills List (MTLSSL) includes a set of skilled occupations available for work on the following visas: 407, 489, 485, 457, TSS, 189, 190 and 186.

The Short-term Skilled Occupation List (STSOL) includes a set of skilled occupations that allow work on the following visa types: 407, 489, 457, TSS, 190 and 186.

Along with the MLTSSL, the ROL it definites the occupations available for sponsorship on a Subclass 187 Regional Sponsored Migration Scheme (RSMS) Visa.

The following list shows the occupations that currently can be sponsored for a 482, 186 or 187 visas, a consolidation of the Short-term Skilled Occupation List (STSOL), the Regional Occupation List (ROL) and the Medium and Long-term Strategic Skills List (MLTSSL)

With the implementation of the new Single Touch Payroll system by the ATO, automatic audits of visa compliance by The Department of Home Affairs (DHA) may present a real problem for Australian businesses

The Department has made a number of announcements in relation to skilled visas in recent weeks including priority processing, transitional 186 visas, labour market testing and others.

With the cost of sponsoring an overseas citizen employee rising, we are receiving an increasing number of enquiries relating to what costs can be paid by a sponsor up front and recovered later, or made subject to a clawback agreement.

This levy will contribute to the Skilling Australians Fund operated by the Department of Education and Training, with the aim to grow apprenticeships and trainee programs to support Australian jobs and growth.

As of 12 August, new Labour Market Testing (LMT) requirements for the Temporary Skill Shortage (TSS) subclass 482 visa are in force.

Skilling Australia Fund, changes to the General Skilled Migration points test and the Global Talent Scheme launch.

The Administrative Appeals Tribunal (AAT) conducts independent merits review of a wide range of administrative decisions made under Commonwealth laws by the Australian Government and some non-government bodies, including migration decisions made by the Department of Home Affairs (DHA).

On March 2018, the Department of Home Affairs introduced new requirements relating to mandatory Labour Market Testing (LMT), which now applies to nominations, made by approved Australian Employer Sponsors, against which TSS (subclass 482) applicants must lodge their visa applications.

On the 22nd of June the Department of Home Affairs announced increases to Visa Application Charges (VACs) to take effect from the 1st of July for the new financial year.

We are pleased to report that the Department of Home Affairs has announced a revision to its rules around the advertising accepted to meet the requirement for LMT for the TSS visa.

The Department has advised that from the 1st of July 2018 the credit card surcharge for Visa and MasterCard credit cards will increase from 0.98% to 1.32%.

If you apply for General Skilled Migration through a Subclass 189 Skilled Independent, Subclass 190 Skilled Nominated or Subclass 489 Skilled Regional you will need to score at least 65 points on the Points Test.

Interestingly, in the wake of tighter eligibility requirements and supporting evidence, the Department of Home Affairs have loosened their documentary requirements for Health Insurance evidence in temporary skilled visa applications.

The SAF will take the place of the previous mandatory training benchmarks, which applied to approved employer sponsors or those employers seeking to become approved as a sponsor, for the purposes of nominating candidates for the TSS visa, or employer nominated permanent residency.

One requirement for a TSS visa is that the business must have tested the local labour market, in the form of advertising the nominated position, prior to nominating the overseas citizen worker.

Under the following scenarios, priority processing for 482 visas will be automatically provided by the Department of Home Affairs to TSS Nomination and Visa applications.

Almost a year after the announcement of the 457 visa’s removal, The Department of Home Affairs has clarified many details in regards to the future of Australian skilled migration, including Permanent Residency and the new 482 Visa.

Currently, the biggest impact we are experiencing as a result of these changes, is the new LMT requirement of two advertisements and the need to evidence that they have been running for 21+ days.

Regional areas affect eligibility for many visa subclasses, and are defined by the Department of Home Affairs.

With regular, lengthy policy changes and announcements coming from the Department of Home Affairs many of our clients are looking for simplified information.

The key changes being introduced for the ENS and RSMS visa programs in conjunction with the implementation of the TSS Visa are subject to the transitional arrangements and the final drafting of regulations

New labour market testing, work requirements and visa period streams are just some of the recently announced changes to the TSS visa.

Recent changes announced by the DHA to the processing of sponsoring a new TSS visa holder, many of which are to be used as guidelines, and remain subject to final drafting of regulations.

Updated skilled occupations lists will accompany the other broader changes to the temporary and permanent skilled visa programs.

Just one of the range of immigration pathways open to those skilled in a STEM profession is the Skilled Nominated (Subclass 190) Visa.

After extensive changes to the Skilled Occupation Lists for Australian working visas last April, The Department of Home Affairs has released further changes to the lists of eligible skilled occupations.

The March deadline of The Government’s proposed introduction of the Subclass 482 TSS Visa is rapidly approaching. The Department of Home Affairs, of which The Department of Immigration is now a component, has released further information on the proposed transition.

The suggested objective of the proposed changes was to ensure that aspiring applicants for citizenship had sufficient time to integrate into the Australian community and develop an understanding of the Australian values.

Visa applicants who do not hold a passport from the UK, Ireland, Canada, USA or New Zealand, may have to undertake an English language test to obtain an Australian visa.

Often when these obligations are not met, it is because the relevant party was not fully aware of the obligation in the first instance, or they misunderstood what they were supposed to do.

Tasmania offers a number of excellent visa pathways for skilled applicants. In this article, the various pathways will be summarised for you to consider.

Known as a ‘callover’, the AAT will now invite review applicants to a preliminary session to determine whether a hearing is required.

Australian businesses employing international citizens stand to be affected by new training levies and changes to skills assessments.

Permanent Residency Visa applicants who wish to apply prior to the migration changes in March of 2018 are encouraged to begin the process of having their skills assessed now by the relevant body.

These upcoming reforms will affect those who have been in Australia working on 457 visas, as well as those who had intended on applying for permanent residency after two years of employment with their current sponsoring business.

Updates on recent changes to 457 visas, as well as ENS and RSMS visas.

Pending further clarification from the immigration department, a sponsoring company may be bound by the new rules for any training from 1 July 2017

Along with other changes announced on the 1st July 2017, the Department of Immigration and Border Protection (DIBP) has announced new criteria that a Standard Business Sponsor (SBS) needs to meet to become an ‘Accredited Sponsor’.

In this month’s immigration newsletter we cover what you need to know about the key changes that come into effect from July 1.

The survey was conducted on-line with hospitality venue owners and managers nationally.

From 1 July 2017 the cost of lodging a visa application will be indexed in line with the forecast Consumer Price Index.

Download our free fact-sheets relating to the upcoming changes to Australian sponsored immigration

Australia’s temporary visa rules are changing significantly, and the immigration department periodically releases information on changes to the Migration Regulations. 

Changes to overseas worker sponsorship have thrown up considerable challenges for organisations managing workers under the existing scheme.

This will allow Australians to sponsor parents to stay in Australia for up to 5 years at a time.

The levy will replace the current training benchmarks for employers sponsoring workers on 457, ENS and RSMS visas from March 2018

A VAC is the government charge when a visa application is lodged.  It is sometimes paid in two instalments.

Where a business traveller arrives at the airport and is turned away by the airlines the matter can quickly become a problem for an HR manager.

The Prime Minister Malcolm Turnbull announced dramatic changes to Australian citizenship on 20 April.

Since April’s changes, the 457 visa program continues to operate, but under different rules.

After the recent 457 visa changes, we take a look in detail at the new skilled occupation lists.

The 457 visa will continue to operate, albeit in modified form until March 2018

Prime minister Malcolm Turnbull announced today the 457 visa program will be abolished and replaced by a new visa program with new rules.

Join Michael and John as they discuss the requirements of 457 visa sponsors in their upcoming AHRI webinar.

The Department of Immigration and Board Protection (DIBP) has introduced a change to the Working Holiday Makers policy.

Director of Immigration John Unger outlines the basics of secondary applicants for a 457 visa.

Over the last week, we have received written advice from the Department of Immigration and Border Protection (DIBP), relating to several minor changes in DIBP policy.

Don’t let Australian Immigration be complicated by a wealth of acronyms.

There are 27 types of visas for Japan and the requirements as well as the activities you are authorized to carry out, vary for each visa.

Join us on Thursday the 23rd of March from 11 am for a comprehensive immigration webinar in collaboration with HR Daily.

The migration programme is designed to meet Australia’s economic and social needs. For the 2016-17 migration programme the planning levels have been set at up to 190,000 places, the same as previous years.

Join Michael Walker and John Unger from TSS Immigration as they clarify recent changes to the temporary work visas in what is called the 400-series

A new stream of the Business Innovation and Investment visa was launched in September 2016 – the Entrepreneur visa.

If you have HR responsibilities for 457 visa holders it pays to be up to date on the broad legislation changes, effective as of November 19.

Meet Maddie Phillips; one of our many talented migration agents.

Navigating through Indonesian bureaucracy can be a confusing process. There is a lack of consistent implementation and transparency in the visa and work permit process. There are often lengthy processing times and employers are subject to scrutiny in maintaining compliance with Indonesian legal requirements.

As the year draws to a close we are highlighting some of the changes to Australian immigration in 2016.

A variety of Migration Amendments – In effect from 19 November 2016

We look at start-up companies as part of our series in looking at issues affecting businesses seeking to use 457 visas to recruit skilled workers.

Potential changes to the Working Holiday Visa program have been flagged by Treasurer Scott Morrison in a recent press conference.

An increasingly common scenario brought to us by clients is a request to assist with 457 visa sponsorship for a young person on a Working Holiday Maker visa who the company has employed for a few months.

Immigration Law in Qatar can be quite vague with discretion applied at all steps of the process.

TSS Immigration recently assisted Aquatic Exhibits International a US company based that specialises in life support systems for aquaria, with subclass 400 visas.

Recently the immigration department has given advance notification of forthcoming changes to immigration law and policy, relating directly to the 457 visa programme.

The Australian Government will introduce changes to Australia’s temporary activity visa framework commencing 19 November 2016 (subject to approval by the Governor-General).

The Administrative Appeals Tribunal confirmed employment in fast food does not prevent sponsorship of persons for permanent residency under the Regional Sponsored Migration Scheme.

Even a simple Australian 457 visa application can become complicated without a satisfactory Market Rates Test.

Maintaining compliance with Australian visa obligations in 2016 is becoming increasingly difficult without the use of a supporting IT platform.

On 1 July 2016, The Australian Department of Immigration and Border Protection released additional policy guidelines regarding Genuine Position criteria.

Access Information and Requirements for Living and Working in New Zealand Through TSS Immigration

Access Information and Requirements for Living and Working in Ireland Through TSS Immigration and our Network of International Partners.

Meet Will Aldous; Melbourne Bred Car Enthusiast and Director of TSS Recruitment.

TSS Immigration was pleased to work with the Jubilee Sailing Trust on how best to manage the details of its visa requirements for the arrival of SV The Tenacious. 

Meet Cindy Diu, our talented Administration Manager with more than two decades of industry experience.

TSS Immigration provides a global immigration service through a network of partner service providers. Our partners explain that the Singaporean immigration system in detail including three categories of non-immigration visitors.

In order to combat visa fraud, The Migration Institute of Australia (MIA) has recently reinforced the importance of seeking immigration assistance from Registered Migration Agents.

The purpose of the Department’s emphasis on genuineness is to ensure that the 457 visa program is being appropriately used to nominate skilled labour; at times where it has been difficult to source local labour.

Changes announced post 1 July 2016…

There have been major changes announced to the process of obtaining Accredited Sponsorship status. The major change being the requirement to have sponsored at least thirty primary 457 visa holders in the 24 months prior to the application for accreditation changing to only having to sponsor ten primary 457 visa applicants.

The Australian Tourism and Transport Forum and the Tourism Industry Association NZ have joined forces to lobby the government for a Trans-Tasman visa.

The Federal government has introduced changes to the 457 visa from 19 April 2016…

The Department of Immigration and Border Protection (DIBP) have introduced new provisions that allow priority processing of visitor visa applications for Chinese nationals

457 visa workers earning a household income of more than $77,000 will have to start paying school fees of up to $6,100 from next year.

Prime Minister of Australia, Malcolm Turnbull has announced new visa pathways for innovative entrepreneurs under the new National Innovation and Science Agenda.

A historic agreement has been reached between the Governments of Australia and New Zealand which will allow Kiwis that have been living and working in Australia for a minimum of 5 years to apply directly for Australian citizenship.

After a review of current visa programs a new proposal has been made for a 12-month skilled temporary visa.

Join Michael Walker and Maddie Phillips from TSS Immigration as they update you on the immigration landscape for 2016:

New criminal and civil penalties now apply to visa holders which may be imposed on a person who asks for, receives, offers or provides a benefit, in return for a visa sponsorship or employment.

As part of the Government’s commitment in the 2015 White Paper on Developing Northern Australia a second Work and Holiday visa for Northern Australia has been introduced.

As the year draws to a close we are highlighting some of the changes to Australian Immigration in 2015.

New regulation will permit foreign nationals to work offshore, providing they hold subclass 400, permanent residency or subclass 457 visas.

On 20 May 2015, the Federal Court of Australia handed down the largest ever court imposed fine for breaches of the Subclass 457 business sponsorship obligations and other workplace relations breaches to Choong Enterprises; a case that is the first of its kind in Australia. If you are currently an approved business sponsor and/or employ 457 visa holders in your business, you must ensure you’re meeting your sponsorship requirements.

Under the sub class 457 visa programme it is not possible to sponsor a Chef, Cook or Café/Restaurant Manager in Fast Food or Takeaway Food Service. If you would like to know if your business is eligible for sponsoring hospitality staff under the 457 visa programme, please call a TSS migration agent on 1300 877 466.

Australian Employers who are approved as a Standard Business Sponsor (SBS), for the purposes of nominating candidates for 457 visas, are bound by strict liability legal obligations.

If you are a Department of Immigration and Border Protection (DIBP) approved Employer Sponsor, you may have experienced the nomination application process, where you seek to nominate a position within your business, which you would like to fill with a candidate that you choose to sponsor for a 457 visa.

What happens when your employees change visas? Is your business at risk?

Do you have questions around your employees transitioning to other visas?

The Australian Parliament has introduced a new bill that would make it a criminal offence for a person to receive a benefit, including payment, in return for a sponsorship related event.

Expect delays at airports around the country this week and next as Immigration and Border Protection staff strike over pay and conditions.

It is the responsibility of all Australian employers to employ, refer and contract legal workers.

Australian citizens, Australian permanent residents and New Zealand citizens are legal workers and have unlimited permission to work in Australia.

From the 1st September 2015 the Department of Immigration will no longer be issuing visa labels. This means you will no longer be able to request and pay for a visa label.

In a recent announcement the Australian Taxation Office (ATO) has stated that it will attain the details of Australian visa holders, their sponsors, and migration agents from the Department of Immigration and Border Protection (DIBP).

Michael Walker and Lauren Slack update you on the recent changes to employer sponsored migration, as well as the interaction between Employment Law and Immigration Law.

In an attempt to attract more foreign investment, the Government introduced the Premium Investor Visa (PIV) on 1 July 2015. The PIV offers a pathway to overseas nationals seeking permanent residency in Australia.

The Australian Border Force (ABF) has released new occupational ceilings for people hoping to relocate to Australia through the general skilled migration program.

The Australian Parliament has introduced a bill amending citizenship laws that would result in dual nationals being stripped of their Australian citizenship if they engage in terrorist related activities.

A simplified international student visa framework (SSVF) has been announced by the Australian government on 16 June 2015.

​A union covering employees of the Department of Immigration and Border Protection and Customs and Border Protection is planning intermittent work stoppages from 15 to 26 June.

The Australian Government has changed the rules for foreigners seeking permanent residency in Australia using the Significant Investment Visa (SIV) and Premium Investor Visa (PIV) pathways.

From 1 July 2015 Visa Application Charges (VAC) will be increasing. A full list of the new charges can be found here.

The Australian Government has announced that foreign nationals visiting Australia on a working holiday will no longer receive the income tax free threshold enjoyed by ‘residents for tax purposes’.

New legislation has been introduced, regarding qualifying English Language scores and testing regimes required for 457 visas.

Data from “Subclass 457 quarterly report quarter-ending at 31 December 2014” – Department of Immigration and Border Protection

The DIBP has recently amended their RSMS visa policy by removing the mandatory two-year work requirement. Qualification is now based on requirements determined by specific ANZSCO categories. The applicant is required to demonstrate that they have the qualifications listed in ANZSCO as being necessary to perform the tasks of the occupation.

The pace of change in the knowledge economy is reaching unprecedented speed. Rapid technological change, coupled with a globally mobile workforce is bringing benefits to countries able to harness the energy of the young and ambitious, and raising challenges to those unable to attract and grow this precious resource

In a global economy and as a member of the OECD, Australia is very much a stakeholder in the global movement of labour. However, the movement of labour between countries, must be undertaken within a robust legislative framework, so as to protect the sovereignty of a nation, while underpinning a healthy domestic labour market and at the same time, optimise the opportunities for industry growth and viable economic performance.

A proposal paper on the “simplification of the skilled migration and temporary activity visa programmes - December 2014” was released last month and follows on from a discussion paper published in September. The proposal was formed after receiving comments and suggestions from stakeholders across the industry, and is a further step in the governments initiative to simplify and streamline visa application processes

Immigration Roundup : Economic Migration - The 457 Visa

The Department of Immigration and Border Protection have announced that for any partner or prospective marriage application lodged on or after the 1st January 2015 there will be a significant fee increase.

There are new English Language tests available to Australian Visa Applicants What tests apply to my visa application. Do the new English tests apply to 457 visa applications

457 sponsors are required to satisfy Immigration that they have met training expenditure requirements at the time of lodging their sponsorship application and throughout the life of their agreement.

Visa Refusals – The role of the Review Tribunals - compelling and compassionate circumstances

Partner Visa application: Case study outlining how Schedule 3 of the Migration Regulations can be addressed through compelling and compassionate circumstances

There are two mechanisms that govern what a visa holder is paid. Both of these mechanisms need to be adhered to, in order to be compliant with Immigration and workplace law.

Parliament has overturned a recent Government decision to remove a range of family visas previously available

How do you know which occupation to nominate for a 457 visa?

The Department of Immigration’s recently released report, indicated a 25% decrease in 457 visa grants in the year 2013.

What many Australian Employers may not realise, when considering sponsoring overseas workers on 457 visas, is the effect of the Associated Entities provisions, as contained with the Corporations Law Act of Australia and how those provisions may relate to sponsored work visas.

A 4 person review panel has just handed over its report to the Minister for Immigration, the Hon. Scott Morrison. The review of the 457 visa program, was conducted by the panel over a period of 4 months.

Effective from 1 July 2014, the Department of Immigration will relax the requirements for ENS/RSMS applicants, wishing to apply under the Temporary Residence Transition (TRT) pathway.

On 1 July 2014, the Department of Immigration will introduce a deeming date for skill assessments required for certain visa classes.

Minister Michaelia Cash recently announced that visa applicants requiring to evidence their English Language ability, will now have access to a greater range of test options.

Following the handing down of the recent Commonwealth Budget, more detailed figures for the 2014-15 Migration Program have been clarified.

Minister Michaelia Cash has just announced the addition of 3 new occupations to be included on the Skilled Occupation List (SOL), for the purposes of skilled Migration to Australia.

On the face of it, information provided by the Department of Immigration website, which presents as a set of guidelines for a successful Partner visa applications, seems rather straightforward.

Approximately 3 times of the year, the Department of Immigration introduces legislative changes affecting many visa classes. These changes generally occur each April, July and November respectively. Often the 457 visa is affected by such changes.

The Minister for Immigration has introduced legislation, which was passed through Parliament, that has seen the removal of certain family visa classes, which were previously available for application.

Many people enter Australia to both tour and work in our country. A number of these people are skilled young professionals, who, having secured short term work with an Australian employer, are often considered by Australian employers to be valuable assets to that employer’s business.

Assistant Minister for Immigration; Senator Michaela Cash has stated that the Department of Immigration would undertake a review of the SIV stream of visas.

From the 19th of April 2014, the Department of Immigration and Border Protection (DIBP) have introduced levy a surcharge of 1.08% on all credit card payments for application fees.

From time to time, Australian Businesses may require people from overseas to come to Australia for certain business activities, attend meetings, seminars, engage in training programs and in many cases work for the Australian business and provide vital skills for a particular position within the Australian Company.

Not holding an Australian visa can make it very difficult for you to stay in Australia.

The Minister for Immigration and Border Protection, Scott Morrison, recently announced that an expert panel would be appointed to review the current Australian Employer sponsored 457 visa program.

The Public Interest Criteria 4020 applied to most visa type and failure to meet this criteria

The Australia Immigration Department are seeking to introduce a visa

The world of global recruitment change at a rapid pace

Overseas application charges have changed

Some of strategies teach you how to support your new international employee

On Monday, 21 October 2013, the newly sworn in Minister for Immigration attended the MIA National Conference in Canberra, along with his Assistant Minister, Senator the Honourable Michaelia Cash. In his address to the conference

Background and requirements to satisfy the new Labour Market Testing (LMT) requirement when lodging nomination applications under the 457 visa sponsorship program.

The former Department of Immigration and Citizenship 2012-13 annual report was tabled this week, detailing a busy year of activity, Department of Immigration and Border Protection secretary Martin Bowles said.

Guidelines for employers and employees in this situation. Contact the Registered Migration Agents at TSS Immigration for advice relating to your circumstances.

Following of the election of the Coalition into Government, Prime Minister Tony Abbott announced Mr. Scott Morrison as the Government’s Minister for Immigration. Previously, Mr Morrison was Shadow Minister for Immigration, while the Coalition was in opposition. Accordingly, Mr Morrison brings a solid background and experience to the portfolio

A reminder to those employers already approved by the Australian Immigration Department as Standard Business Sponsors (SBS) to be mindful of your strict legal obligations.

TSS Immigration are currently running training sessions for Human Resources staff and other business stakeholders. These sessions are run by our registered migration agents, and specifically cover the 457 visa program and employer sponsorship in general.

The Recruitment Services team at TSS Immigration can assist you in recruiting suitably skilled and qualified employees from overseas.

The Department of Immigration has released a Labour Market Testing discussion paper. The testing program will come into effect from November 2013.

The Western Australian Premier Colin Barnett recently announced a plan to charge 457 visa holders a $4,000 annual fee for each child in public school.

Is your business compliant? The introduction of the Employer Sanctions Amendments earlier this year have made it critical for businesses to ensure that they have an internal policy of verifying that all employees hold work rights in Australia