Chinese New Year, Valentines Day - a time for love, a time for a new future, or just a time to "growl"?
As we all prepare for Chinese New Year, and Valentine's Day, on 14th February The Year of the Tiger, there is not much to be loved about the changes to the Migration Laws and Regulations as they will impact Students and others in Australia or desiring to come to Australia in the year ahead.See the headlines from the Australian Newspaper below and the links to "read all about it" as they say.
Transitional arrangements for payment of 457 (Business Visa) holders after 1 January 2010
The transitional arrangements for Subclass 457 visa holders whose visas were granted on the basis of nominations approved before 14 September 2009 ceased on 1 January 2010. From 1 January 2010, sponsors must pay these visa holders the market salary rate unless it is less than the applicable prescribed salary level. In other words, sponsors must pay these Subclass 457 visa holders the greater of either the market salary rate or the prescribed salary level for the duration of their visa.
There are five such prescribed salary levels or ‘base rates of pay’:
$81 040 for Subclass 457 visa holders who benefited from the English language exemption
$55 725 for Subclass 457 visa holders working in Information and Communication Technology (ICT) occupations who were granted their visa under certified regional employment arrangements
$61 920 for all other Subclass 457 visa holders working in ICT occupations
$40 705 for all other Subclass 457 visa holders who were granted visas under certified regional employment arrangements
$45 220 for all other Subclass 457 visa holders.
Headlines from the "Australian" Newspaper:
Skilled visa revamp to focus on jobs
SKILLED migrants who line up a job will be given priority to come to Australia, while those who don't will find it harder to gain a visa, under a revamp of the nation's immigration program to be unveiled today.
The current occupations-in-demand list will be scrapped immediately and replaced with a new list of highly skilled professions and trades to be introduced mid-year.
Immigration Minister Chris Evans will also announce that the "points test" used to assess migrants on their qualifications, English language skills and experience will be overhauled.
The new test could better reward qualifications from ivy-league universities, English skills and certain occupations.
The government will also consider a new system in which businesses and federal, state and territory governments could review applications and prioritise certain candidates.
In a speech to the Australian National University, Senator Evans will declare that aspects of the current scheme are "rusty".
The changes are likely to hurt overseas students in Australia who are training in areas scrapped from the skilled occupation list.
Those students will have until the end of 2012 to apply for a temporary skilled graduate visa, with the hope of acquiring work experience and sponsorship from an employer.
In addition, the government will deny skilled migration visas to about 20,000 people who applied from overseas before September 2007, when less stringent rules applied.
Under the changes, state and territory governments will develop their own migration plans and the Immigration Minister will gain new powers to limit the number of visas for any one occupation.
To read the Government's position on this go to this link:
For the benefit of students
generally this information is repeated for clarification:
There are two types of RSMS
visa the onshore application 857 and the offshore
application 119.
If you wish to change to a Regional
Skilled Migration Scheme Visa onshore (that is without leaving Australia) and
you are a student visa holder then the following conditions apply:
You must have
completed two years study in Australia (this is two years course work not 24
actual months of study) AND received at least a diploma level qualification, OR,
You can apply for
different class of visa such as a 457 or “business” visa and then change to the
RSMS visa, OR,
You can apply for a 119 RSMS
which is an “offshore” application. Whilst this application may be lodged whilst
you are in Australia, you must go offshore for the visa to be
granted. This may mean a stay of one or two weeks generally offshore,
such as in your home country. If you lodge this type of application you
will NOT get a bridging visa to stay in Australia so if your existing visa
(that you have now) expires BEFORE the decision is made on your 119 RSMS visa
then you must either get another valid visa OR leave Australia to wait for you
119. You may, for example be able to get another student visa whilst you
are waiting to extend the period.
This means that you may or
may not be eligible to stay in Australia, depending on your current visa,
whilst your application is being processed – generally four to five months at
present. Then you would go offshore so the DIAC can grant your visa
whilst you are offshore and you can then immediately return to Australia.
If you are eligible and make
an ONSHORE 857 RSMS application you would get a bridging visa to stay in
Australia until the decision is made, and the decision is made whilst you are
in Australia.
Should you wish to determine
whether you can stay in Australia on your current visa please bring in your
passport and visa approval letter. Note that if you hold a student visa
and stay in Australia you MUST continue to meet the course requirements until
your new visa is granted otherwise your student visa could be cancelled and
this could also impact the decision on your RSMS visa.
The Trapper
It is times like this I think of the trapper walking through the woods in winter and who comes across a baby bird who has fallen out of its nest and is lying on the ground almost dead. He picks up the baby bird and warms it in his hands but knows it cannot continue the journey with him. As he continues he finds some fresh and warm deer spore, so he makes a hole in it with his heel and puts the baby bird into it so it can stay warm and recover. The baby bird on starting to feel much better puts it head up and chirps with joy, this attracts an arctic wolf who immediately comes along and snatches the bird from the warm deer spore. The moral of the story being this: it is not always your enemies that put you 'in it', and not always your friends that pull you out 'of it', but when you are in 'it', then don't chirp!
And as the students think about their futures maybe the following will apply;
"We must walk consciously only part way toward our goal and then leap in the dark to our success" Henry David Thoreau, or maybe,
"When we are flat on our backs there is no way to look but up" Roger W Babson, and
"Though you cannot go back and start again, you can start from now and have a brand new end." Unknown and to finish off......
"Others can stop you temporarily; only you can do it permanently" Don Ward.
STOP PRESS:
All OFFSHORE GSM applications lodged before 1 September 2007 cancelled
All OFFSHORE GSM applications lodged before 1 September 2007 will be withdrawn from processing and the applicants will have their visa application charge refunded. This does not apply to onshore pre 1 September 2007 GSM applicants.
This will affect about 20,000 applicants.
This has been done under Section 39 of the Migration Act 1958, whereby if the number of visa applications in a particular class exceeds a number fixed by the Minister, any outstanding applications beyond that number are taken not to have been made.
It is not clear when this is actually going to happen. DIAC states that the Australian Government has decided to cap and cease these visas. Capping and ceasing can happen when the number of applications has exceeded a number fixed by the Minister, but the Minister seems not to have fixed that number yet.
Offshore GSM applications made before 1 September 2007 and which are currently at the Migration Review Tribunal will be subject to this change.
THE MRT IS CONSIDERING ITS REFUND POLICY IN RELATION TO THESE CASES
ABN
45136723987
Registered Migration Agent No. 92 55749
Level 15,
Cairns Corporate Tower, 15 Lake Street, Cairns Qld
4870 Australia I recommend the following links to you for information about
the Migration Agent Profession:
Migration
Plus adds value to the community in which it works. At least 5% of our
profit goes towards our charitable fund Step Up and Reach Out which assists selected
young people from around the world who choose to improve their position in life
through education and learning. Particular emphasis is given to those at
potential risk and those who will assist other young people in a variety of
ways eg: teaching and mentoring, and thereby improve their lives and that of
others. Assistance is given to young people who choose to step up and
reach out in return for a commitment that they will help others in some way in
the future. This accords with our philosophy of putting a little back to
the global community in an outreach of commitment. Our partners and
clients are of course invited to contribute to this gift deductible fund.
PPlease consider the environment before printing this email
We are required, by law and policy, to provide you with certain
information about the Migration Agent Profession. These items are available at
the links above, which we urge you to read. Please contact us if you require
further information.
This e-mail and any files transmitted with it are privileged and confidential
information intended for the use of the addressee. Neither the confidentiality
of nor any privilege in the e-mail is waived, lost or destroyed by the reason
that it has been transmitted other than to the addressee. If you are not the
intended recipient of this e-mail you are hereby notified that you must not
disseminate, copy or take any action in reliance on it. If you have received
this e-mail in error please notify me by return e-mail. Please delete the
original e-mail
Helping You, Helping OTHERS
Migration Plus adds value to the community in which it works. At least 5% of our profit goes towards our charitable fund Step Up and Reach Out which assists selected young people from around the world who choose to improve their position in life through education and learning. Particular emphasis is given to those at potential risk and those who will assist other young people in a variety of ways eg: teaching and mentoring, and thereby improve their lives and that of others. Assistance is given to young people who choose to step up and reach out in return for a commitment that they will help others in some way in the future. This accords with our philosophy of putting a little back to the global community in an outreach of commitment. Our partners and clients are of course invited to contribute to this gift deductible fund.
