20
Feb

B sure you can return — for Bridging visa A holders

By Michelle on 20 Feb 2012 4:05pm, no comments

Bridging visas and your application for skilled migration

 Some of you have asked about leaving Australia while waiting for your skilled migration visa applications to be processed. 

 This information is in the acknowledgment letter that you received when you made your application. However, it’s worth noting again the best way to maintain your work and study entitlements, and to ensure you remain lawful.

 If you hold a Bridging visa A

 If you hold a Bridging Visa A and want to leave Australia, you should apply for a Bridging Visa B before you leave.

 This is because a Bridging visa A (which you may hold as a result of applying onshore for another substantive visa) will cease when you leave Australia— even if you hold another visa that allows you to travel and return to Australia.  

 If you apply for and are granted a Bridging visa B, it won’t cease when you leave Australia.  However, it will cease if you remain overseas beyond the travel period expiry date.  When you are granted a Bridging visa B, it ceases your Bridging visa A.

 Depending on your situation, a Bridging visa B can be granted with a travel period of up to 12 months, and will let you depart and re-enter Australia as often as you wish within that time.

 You must return to Australia before your Bridging visa B ceases. If you don’t, you need to apply for and be granted another substantive visa to allow you to return to Australia. You would need to meet the separate requirements for this visa for it to be granted.  If you can’t, you will have to remain outside of Australia until your skilled visa application is ready to be decided.

 If you are notified that your skilled visa application is ready for grant while you are away, you’ll have at most 28 days to organise your return to Australia. So if your Bridging visa B has ceased and you don’t hold a substantive visa to return to Australia, contact your nearest overseas office  for more information about your options. 

 Next time, we’ll be talking about why the Bridging visa B is great for people whose substantive visa is still valid. 

 Until then, be sure you can return—investigate the Bridging visa B before you leave.

More information about bridging visas in relation to general skilled migration applications, including how to apply, is on our website .


 

16
Feb

Skills Australia Needs 25-27 February 2012 in London

By Elyse on 16 Feb 2012 2:03pm, 4 comments

This month the department is hosting a Skills Australia Needs event in London from February 25-27. It will be one of our largest. We expect around 1400 skilled workers as invited participants to attend.

Skilled workers in engineering and trades will be given the chance to hear from the department about skilled visa options for Australia and to discuss employment and sponsorship opportunities with 28 engineering and trades exhibitors on 25-26 February. The weekend will be followed by an information evening on February 27, featuring 17 exhibitors seeking medical and other healthcare professionals whose skills are also in high demand in Australia.

The department has successfully coordinated Skills Australia Needs events for a number of years in various countries to provide information to skilled workers about skilled visa options for Australia. The events recognise the important contribution of skilled migrants to Australia’s productivity and economic growth by helping to fill critical skill shortages in areas of occupational demand in Australia.

The events also help Australian employers to address specific skill needs they are unable to fill through the Australian labour market by matching them with pre-screened skilled workers in targeted occupations.

Interested skilled workers are invited to attend based on their qualifications and experience in these targeted occupations and their likelihood of meeting Australia’s skilled visa requirements.

More information about Skills Australia Needs events for both skilled workers and employers is available on the department’s website www.immi.gov.au/skillevents/

16
Feb

DIAC attends International Higher Education Conference

By Karin on 16 Feb 2012 9:17am, no comments

Yesterday I attended the International Higher Education Conference in
Melbourne. It was a great opportunity to listen to some interesting presentations and hear the views of the industry and their thoughts about the Knight Review of the Student Visa Program. This blog was mentioned at the conference so I hope some of the attendees stop by and have a look.

Peter Speldewinde, who has posted on this blog before, spoke at the conference. His presentation topic was ‘the role of DIAC in assessment and monitoring standards in the new era’. The new era refers to how international education will operate in a post-Knight Review environment where education providers and key stakeholders work closely, in a partnership with government. Peter’s presentation gave an interesting perspective to the group, as it provided context about how the recent reforms to skilled migration support a sustainable international education sector.

Before I touch on the key points Peter raised, I’ll provide you with a brief background. The international education sector experienced unsustainable growth in the 2008-09 period. Growth in parts of the sector brought major issues around quality in some parts of the sector and high levels of fraud in the student visa program. Following this period, a number of key changes to both the student visa and migration programs were necessary to maintain the integrity of these programs.

During his presentation Peter explained the impact of this growth, which I’ll paraphrase here.

While there had been an increase in the number of students coming to Australia, the majority of these international students were staying in Australia, reaching a point where close to four times as many people were arriving on a temporary student visa than were departing.

This had an impact on Net Overseas Migration (NOM) – which is the difference between inflows and outflows of long-term residents. This rapid acceleration of visas granted to students with no intention of returning home not only put pressure on the department to maintain the integrity of the student visa program, this rapid growth led to questions about credibility in our international education sector.

The reforms announced by the Australian Government on 8 February 2010 and the subsequent introduction of the Skilled Occupation List (SOL) have resulted in a critical shift towards a labour market demand-driven program. They have effectively decoupled the international education and migration programs, breaking a link that had led to negative outcomes for both international education and the skilled migration program.

The interesting trend Peter discussed was the immediate effect this reform package has made in contributing to a decline in NOM, which has now almost halved from its peak of more than 315 000.

The purpose of the Knight Review was to examine how the student visa program could best support Australia’s international education sector while at the same time preserving the integrity of Australia’s migration program. The changes that are occurring as a result of the Knight Review should ensure the student program remains broadly NOM neutral, as we expect to see genuine students coming to Australia, with the view to complete their courses and then return home – unless they have been sponsored by an Australian employer or have been offered a place in the Australian independent skilled migration program.

15
Feb

Quarterly visitor visa statistics now available

By david on 15 Feb 2012 2:09pm

The second Visitor Visa Program Quarterly Report for the period ending 30 September 2011 is now available at www.immi.gov.au/media/statistics/visitor.htm

For the nine Visitor visa subclasses, the report provides information on applications, grants, arrivals and processing times. Highlights from the report include:

  • An 11.5 per cent increase in business Visitor visa applications in the September 2011 quarter (123 888) compared to the same quarter in 2010 (111 138) with the largest increase in Business (Short Stay) (subclass 456) visa lodgements, which increased 16.8 per cent. This is the highest number of subclass 456 lodgements for this quarter in the last five years.
  • A decrease in Visitor visa grants by 4.3 per cent in the September 2011 quarter (854 279) compared with the same period in 2010 (892 962). This is largely due to weaker tourist demand from Japan, United Kingdom, United States of America, Malaysia and South Korea.
  • There were 26 389 visas granted under the Approved Destination Status (ADS) scheme during the September 2011 quarter. This is the highest number of visas granted under the ADS scheme for this quarter in the last four years.

 The quarterly report for the period ending 31 December 2011 is expected to be published in late February 2012.

9
Feb

Proposed changes to Living Away From Home Allowance (LAFHA) benefits for Subclass 457 visa holders

By hayleykent on 9 Feb 2012 10:10am

In November 2011, the government announced reforms to the Fringe Benefits Tax (FBT) treatment of Living Away From Home Allowance (LAFHA) benefits to commence on 1 July 2012. 

LAFHA is commonly used by employers to compensate employees for additional costs incurred when they are required to live and work away from their usual place of residence. This can include accommodation and food costs.

Under the current tax system, the provision of LAFHA can increase the take-home pay of employees, including subclass 457 visa holders. The Australian Government has concerns that LAFHA concessions are being exploited by some employers.

The Department of Immigration and Citizenship has received a number of enquiries about how these changes will impact subclass 457 visa holders.

From the department’s perspective, if an employer committed to pay a subclass 457 visa holder LAFHA, it is expected this payment will continue. The only difference will be how the Australian Taxation Office (ATO) views such payments.

For example, if a sponsor committed to pay a subclass 457 visa holder a base salary of $75 000 plus a $10 000 LAFHA, the department expects the employee will continue to be paid a total of $85 000. 

If a sponsor is unable to pay the amount equivalent to the LAFHA they may be failing their sponsorship obligations

A sponsor may decide to lodge a new nomination application to amend the salary offered to the 457 visa holder. However, the sponsor must demonstrate that the new salary continues to be the market salary rate.

 Click here for further information on the Australian Tax Office’s LAFHA requirements.

8
Feb

Discussion paper on the Review of the Student visa Assessment Level Framework

By Lisa on 8 Feb 2012 4:59pm

A Discussion Paper on the Review of the Student visa Assessment Level (AL) Framework was published on our website on 31 January 2012.   The department uses Student visa ALs to manage immigration risk in the Student Visa Program, and a review of the AL Framework was a key recommendation of the Strategic Review of the Student Visa Program undertaken by the Hon Michael Knight AO.

We’d welcome your submission on the paper, which you can send by email to Student.Policy.Projects@immi.gov.au, or post to:

Department of Immigration and Citizenship
Student Policy Projects
Attn: Lisa Curtin
PO Box 25
Belconnen ACT 2616
 
The Discussion Paper is open for comment until 16 March 2012.

3
Feb

Regional consultation on Regional Migration Agreements

By Jane on 3 Feb 2012 11:14am

We last wrote about Regional Migration Agreements (RMA) in July. Since then staff from the Labour Market Branch have been travelling around the country speaking with representatives of regional areas that may be suitable for a RMA. We wanted to get an idea of people’s feelings about the program at a local level. We also organised meetings with representatives from Australian Government agencies, national unions and industry in Canberra and Sydney to brief them on the proposed program and give them the opportunity to provide feedback. 

Broadly speaking, we think there are two labour market environments where RMAs can solve labour shortages. The first is regions experiencing critical short–term labour needs or rapid economic growth where local labour shortages are limiting business activity. The development and ongoing operation of the INPEX Liquid Natural Gas (LNG) project in Darwin is an example of this.

Lady and a kangaroo

The second labor market environment we identified is one where growth is being hampered by short-term inelasticities in labour supply, for example, the strain on industries such as agriculture and manufacturing in the Goldfields-Esperance region of Western Australia, as local workers are attracted to jobs in resources projects in the Pilbara.

With this in mind we travelled to Darwin in the Northern Territory, Broome and Esperance in Western Australia and Gladstone in northern Queensland. Each of these areas is experiencing skills and labour shortages due to labour drain as locals move to nearby construction or resources projects seeking better pay and conditions. What’s left behind are skilled labour shortages that local employers have difficulty filling. In these areas a RMA could be an effective solution to backfill positions and strengthen the local labour market and economy while also encouraging training opportunities and initiatives for locals.

During consultations the main issues we covered were regional eligibility, the skill levels and occupations that will be available, the salary threshold for temporary skilled migrants and the training commitments that will be required.

The strength of the RMA program is its flexibility, which is why we are proposing to steer clear of hard thresholds, such as unemployment or labour force participation rates, to establish regional eligibility for the program. Rather than creating a ‘one-size-fits-all’ model, we propose that eligibility be based on the recommendation and endorsement of the relevant state or territory government. This endorsement will be based on a high level regional scan confirming that labour shortages exist and that attracting and retaining sufficient numbers of Australian workers has not been possible.

Feedback from some stakeholders, such as industry bodies and employers has been very supportive of this flexibility. Others, concerned with preserving job opportunities for Australians, proposed that a RMA be granted only after rigorous analysis to determine that there is a genuine need for overseas workers. This would entail job specific labour market testing and analysis which proves that employers have already made exhaustive attempts to recruit, train and retain local workers.

As mentioned in our previous RMA blog post, one of the major benefits of the RMA program will be that Australian employers will have access to some occupations that are not eligible under the standard program. This reflects a real change in Australia’s skilled migration program from one predominantly targeting highly skilled individuals to creating avenues for semi–skilled migrants. 

For industries such as tourism and agriculture, allowing semi–skilled workers is critical as many occupations within these industries are categorised as semi–skilled and are not eligible under the standard 457 visa program.  

For example, current data from the Department of Resources, Energy and Tourism  indicates that in the tourist industry in Broome three of the occupations most in demand now and in the foreseeable future are bar attendants, waiters and café or restaurant managers. Allowing concessions on skill levels may enable tourism employers in Broome to use the program to fill these gaps.

For some stakeholders, especially those representing the tourism and agriculture industries, our proposal to lower the skill level to allow for a broader range of occupations was seen as not going far enough. They called for eligibility for all occupations regardless of skill level if demand and difficulty in employing Australian workers can be evidenced.

In contrast, other stakeholders expressed real concern that lowering the skill threshold would mean that jobs that could and should be done by unskilled or under–skilled Australians would be filled by migrants. Their position is that employers in these regions should be making more effort to recruit and train Australian workers to fill these positions.

We are working hard to finalise the RMA program and plan to release the guidelines in early 2012. Applications from interested regions will be accepted shortly after. In the meantime, let us know what you think. Do you believe RMAs will help to support regional centres and industries? Do you think your region needs a Regional Migration Agreement?

2
Feb

Removal of Assurance of Support (AoS) requirement from Partner visas

By Glen on 2 Feb 2012 3:28pm

Changes to partner visas  

From 1 January 2012, the discretionary Assurance of Support (AoS) requirement was removed from partner visas. This change complemented other 1 January amendments to social security legislation that affect eligibility for welfare payments.  

The change means that an AoS will not be required for partner visa applications made on or after 1 January. The change also applies to any partner visa applications still before the department or the Migration Review Tribunal on or after 1 January.

 The amendments affect the following visa subclasses:

 Partner temporary visa (subclass 309)

 Partner permanent visa (subclass 100)

 Partner temporary visa (subclass 820)

 Partner permanent visa (subclass 801)

 Prospective Marriage visa (subclass 300).

Information for those who have already had an AoS accepted by the Department of Human Services (DHS)

The Department of Human Services (DHS) is responsible for administering the AoS program. If you would like more information about the status of an AoS that was accepted by DHS prior to 1 January, please contact DHS through their AoS enquiry line on 132 850.

DHS advises the AoS will be enforced by DHS in situations where the AoS affected partner visa was granted prior to 1 January. DHS has advised that in all other partner visa cases, the AoS will be cancelled.

Further information about the AoS amendments are available on our website at: www.immi.gov.au/legislation/amendments/2012/120101/lc01012012-01.htm    

Additional information about the AoS is available on DHS’ website at: www.humanservices.gov.au/customer/services/Centrelink/assurance-of-support

 

1
Feb

Ideas for a labour agreement for the tourism industry

By Brooke on 1 Feb 2012 10:34am

The Department is working together with other government agencies to try to help address the shortage of workers in the Australian tourism and hospitality sectors. On 24 January 2012, we released a discussion paper asking for feedback on ideas for a template labour agreement that might meet the needs of Australian employers in these industries where standard immigration products like the 457 program aren’t an option.

Tourism injects about $35 billion a year into the Australian economy but is looking at a shortfall of about 36 000 workers in jobs including experienced waiters, chefs, bar attendants and hotel managers.

A labour agreement is a formal contract between the Australian Government and an employer which provides flexible immigration solutions underpinned by strong integrity measures. Where a number of employers in the same industry are seeking to sponsor workers in the same occupations, we can look at developing an “industry template” labour agreement for all employers in that industry, provided that they meet a series of important requirements. These include a commitment to the employment and training of Australians, paying market salary rates above the temporary skilled migration income threshold (TSMIT) and being able to demonstrate that there is a genuine need to employ overseas workers, having first exhausted all options to recruit Australians.

Before we can develop a template labour agreement, we ask for broad stakeholder input through consultations and discussion papers.

 This discussion paper floats a range of questions to see what Australian employers in the tourism and hospitality sectors are really needing in terms of assistance in meeting their skilled and semi-skilled worker needs. We are asking for input on a range of topics including occupations, salaries, qualifications, English language ability, training, and risk mitigation.

There is a media release about this at: Minister for Immigration and Citizenship

 You can view the discussion paper here: Tourism Labour Agreement Discussion Paper

 There is an article about it in the Financial Review at: The Pub with no Aussies

 The discussion paper is open for comment until 16 March 2012.

 

31
Jan

Student Visa Program Quarterly Report

By fyyaz on 31 Jan 2012 4:01pm

The 5th edition of the Student Visa Program Quarterly report was published on our website on January 27. Since the first edition was published in February 2011, the report has been well received by stakeholders in the international education sector.

The report provides general information about the student visa program and data on applications, grants, grant rates and processing times over a period of time. It also provides insight into emerging student visa trends. The December 2011 quarterly report shows that student visa applications and grants increased during the period July to December 2011, compared to the same period in the previous year.

A copy of the latest quarterly report, yearly student visa trends and comprehensive data on student visa grants by sector and country are available on the department’s website at: www.immi.gov.au/media/statistics/study/