August 2016 - News, Views & Clues from Migration Plus
This month's issue continues our focus on student visas and the changes that have come into effect under the Simplified Student Visa Framework, including who will need to go offshore to apply for a student visa, and a brief discussion of the GTE requirements. There are changes to be aware of for Business migrants to Queensland, from some of the Skills Assessing Authorities, and no changes to who can apply for Skilled Migration to NSW under subclass 190! Finally, we look at the newly gazetted data matching programme between the Australian Tax Office and the Immigration Department, and a company in breach of its Standard Business Sponsorship obligations.
Read on for this and other interesting migration news!
The Simplified Student Visa Framework
If you are in Australia and are thinking of studying, or would like to extend your student visa, under the new Simplified Student Visa Framework, you will need to apply for a subclass 500 Student visa.
Under the changes implemented on 1st July 2016, some onshore visa holders will need to depart Australia in order to apply for the subclass 500 Student visa, being:
- Subclass 426 Domestic Worker,
- Subclass 403 Temporary Work (International Relations) Domestic Worker (Diplomatic or consular) stream only,
- Subclass 995 Diplomatic visa, for applicants satisfying the primary criteria,
- Subclass 771 Transit visa,
- Subclass 600 visitor visa, in the Sponsored Family and Approved Destination Status streams.
One of the most important requirements for the grant of a student visa is without doubt the Genuine Temporary Entrant criteria (GTE). To fulfil the GTE requirement, an applicant for a student visa will need to provide evidence and/or a statement about their intentions to reside temporarily in Australia, about their future job prospects back home upon qualification and their higher earning potential as the holder of an Australian qualification.
But as we all know, there are many new Australian citizens and permanent residents who began their life here as an international student. How did these people avoid the GTE requirements?
There have been a number of cases heard by the Administrative Appeals Tribunal of late that leave us with no certainty around this issue. Very briefly: In Khanna & Ors v Minister for Immigration & Anor (2015) FCCA 1971 it was decided that the wish to remain in Australia upon qualification should the opportunity arise is not inconsistent with the genuineness requirements for student visa holders. But in Saini & Anor v Minister for Immigration (2015), it was heard that the student visa holder must have the intention to reside in Australia temporarily.
So there is still uncertainty about what constitutes Genuine Temporary Entry for students.
At Migration Plus, we can help you prepare a strong application for a subclass 500 student visa with regard to the GTE requirements, your immigration and education history, your current circumstances, nationality and future prospects. Call now to speak to one of our Registered Migration Agents. We are also Education Agents and can help you choose the right course to suit your goals.
|Hallmark Computer based in Darwin has received some of the heaviest sanctions after 314 breaches of its Standard Business Sponsor obligations to four subclass 457 visa holders. The company was ordered to pay a fine of $430,00 and the company's sole director was fined $86,000. In addition, the court ordered the company to pay restitution to affected employees to the amount of $80,000. The company has been banned from sponsoring temporary visa holders for five years.
Engineers Australia: China, represented by the Chinese Association for Science and Technology (CAST) became full signatory of the Washington accord on the 2nd June 2016. Holders of Chinese accredited qualifications completed in or after 2016 will be eligible for Membership of Engineers Australia as well as Migration Skills Assessment via the accredited qualifications pathways.
Australian Computer Society: With the update of the ACS Core Body of Knowledge for ICT Professionals (CBOK), the ACS Recognition of Prior Learning has also changed.
From 1st July 2016 the new RPL form will become mandatory for all RPL applications regardless if a previous suitable result for RPL has been issued.
Australian Nursing and Midwifery Accreditation Council: ANMAC has introduced changes from the 1st July 2016 to their English language requirements. From this date ANMAC will accept PTE Academic and TOEFL iBT results in addition to the current IELTS Academic and OET offered. Other changes include:
IELTS (Academic Module): ANMAC will accept test results from a maximum of two sittings, but only if a minimum overall score of 7 is achieved, and no component score is below 6.5.
OET: ANMAC will accept test results from a maximum of two sittings in a six month period but only if the applicant is tested in all four components in each sitting, and no score in any test component is below C.
In the 2015-16 financial year NSW Business & Skilled Migration nominated 4,000 candidates for the Skilled Nominated (subclass 190) visa.
There have been no changes to the list for this financial year.
To determine if your occupation is eligible for Skilled Migration in New South Wales, please refer to the list available at www.industry.nsw.gov.au
If you would like help applying for a subclass 190 visa, please call the Migration Plus team.
ATO and DIBP data matching programme
Approximately a million individuals will have their tax and migration data compared under the newly gazetted data matching programme this month.
The Australian Tax Office (ATO) and the Department of Immigration and Border Protection (DIBP) will be scrutinising data from the past four financial years.
DIBP will be providing the ATO with information about visa holders, international travel details, names and addresses, migration agent details and various other data.
The purpose of this data matching programme is to ensure that taxpayers are correctly meeting their taxation obligations.
From Monday 25th July 2016, the new Queensland Business Criteria for the Business, Innovation and Investment Program (BIIP) and a new Queensland Skilled Occupation List (QSOL) has been approved by the Queensland Government. In brief:
SUBCLASS 132 BUSINESS TALENT (SIGNIFICANT BUSINESS HISTORY STREAM)
Net Business and Personal Assets of AUD$1.5 million to be transferred to Queensland within 2 years after visa is granted including: minimum AUD$1million investment in a business, minimum AUD$500,000 settlement costs, and must reside in Queensland.
SUBCLASS 188 BUSINESS INNOVATION AND INVESTMENT
1. Innovation Stream: Net Business and Personal Assets of AUD$800,000 to be transferred to Queensland within 2 years after visa is granted including: minimum AUD$200,000 investment in a business, and must reside in Queensland
2. Investor stream: Existing criteria remains the same, and must reside in Queensland
3. Significant Investor Stream (SIV): current Austrade Complying Investment Framework, and commitment to Queensland.
QUEENSLAND SKILLED OCCUPATION LIST
For the new QSOL, please refer to:
FREE Online Assessment
Click HERE for a free assessment of your eligibility for an Australian visa!
"Ms Kinga Urban did a really good job from A to Z taking into account the complexity of our application. She is really professional and attentive.We will definitely recommend her to anyone who needs a Migration Agent". Chris and Jessica, July 2016.
"When we first contacted Migration Plus in 2013, our case was hopeless but we wanted to give it a try anyway to get some time to find a sponsorship.
As we entered Migration Plus's premises we were pleased to see the professionalism of everyone working there. We were introduced to Dr Chris White and we discussed our case which according to the statistics had no chance of succeeding.
Chris and his team helped us rebuild our case which was with the Ministerial department. Our case moved from zero chance of succeeding to a 50% chance.
The professionalism that Chris and his team handled our case was amazing! Always had feedbacks from Chris and Caroline, we were always in the loop nothing was missed.
When we finally got an email from Chris letting us know that our 457 visa has been granted, it was not completely a surprise as everyone involved at Migration Plus worked so hard to obtain a successful outcome. We look forward to work with Migration Plus for our Permanent Residency visa.
I would recommend Migration Plus as "the impossible become possible"!'
Stephanie July 2016
See here for more feedback from our clients!
For Financial Planning, Estate Strategies, Investment or Insurance Advice, contact our 'in house' Financial Services team, Lonsdale in Cairns:
Lonsdale in Cairns is an Authorised Representative of Lonsdale Financial Group Limited
ABN 76 006 637 225 | AFSL 246934
Book Your Complimentary Migration Consultation Today!
Click here to make an appointment with one of our Registered Migration Agents.
We can help map out a pathway for your migration to Australia, answer your questions on different types of visas and provide advice on any other migration-related matter.
Your first half-hour consultation is COMPLIMENTARY!
6 July 2016 round results:
Invitations issued on 6 July 2016 included 2202 for subclass 189 Skilled Independent visas, and 100 for subclass 489 Skilled Regional (Provisional) visas.