January means - Let's Go - as the New Year starts for us, and in readiness for the Chinese New Year on 14th February!

It seems hard to believe, for some of us, that 2010 is here - does it seem like a decade ago that the Y2K Bug was going to kill all the computers in the world, put our GPS systems off balance and for which many businesses spent mega dollars ensuring that they were prepared for!?  Much has happened on the global front in that ten years, in some ways peace seems further away now than it was then, and certainly personal freedom, rights of the individual and the ability to live as an individual in a collective society have been eroded by the threat of "terrorism", which has also been an oft used "excuse" to curtail our rights and freedoms.  But what are the options?   This impacts those living in the country and very much on those travelling between countries where legitimate travellers and visa seekers are oft treated with suspicion and distrust for no apparent reason.

The year ahead is a 10!  Let's all put our collective thoughts to making it a 10/10 as we move into double digits in the 2000's.

If we think we can, we can, if we think we can't we won't - let's make this year one where every thought is positive, as our thoughts become our words and our words become our deeds.  If we dare to dream our goals we can achieve those goals.

Migration Update:

Temporary Business Visa 457 - radically changed in September.  Obligations on the employer and the sponsored employee.   New minimum level for sponsorship and salary.  New reporting requirements.  If you do not have the details contact us to get a copy of our newsletters explaining this.

Regional Skilled Migration Scheme, RSMS,  is currently under review - expect changes first half of this year - we don't expect the changes will be beneficial to employers or sponsored employees.  Will the regional concessions continue?

Monitoring - active monitoring is currently taking place with the 457 Temporary Work Visa - expect it also with the RSMS permanent visa in the future.  We are aware of some people being told to just get the visa and then "do whatever they like" be aware that this course of action may prove disastrous for the visa holder and sponsor as DIAC WILL enforce the provisions they apply on visas.  We can expect more rigid scrutiny in the future.

Visa Application Approvals - all applications being lodged at present are undergoing extensive scrutiny by case officers obviously now instructed to check all applications and refuse where any conditions are not met.  Do not expect to "bluff your way" through the process or treat it lightly.  Only thorough, complete and complying applications are getting approved.  Where there is doubt or any reason to do so applications are being refused.  Qualifications and references from Australia AND overseas are being checked, Trade Recognition is being sought, prior employers are being checked.  We are operating in a high surveillance time where reasons are being sought to refuse rather than approve applications.  Be very thorough and complete in submitting 110% complete and supported applications.

Students – the bad news continues Below is a link to a story from The Australian containing figures showing a significant drop in student visa applications during the period July-October 2009 compared to the corresponding period in 2008. The only good news is from Vietnam. 

The drop in student visa numbers will  affect the financial viability of many of the private vocational training colleges .

http://www.theaustralian.com.au/news/opinion/crackdown-forces-exodus-to-public/story-e6frg6zo-1225817500782

Health clearances-re-using them

An extract from the Procedures Advice Manual on the re-use of health clearances. 

Re-use of a health clearance (that is, an opinion or decision that an applicant meets the health requirement) is only available where an applicant does not need to undergo any additional health assessments for their new visa application and has already been health cleared to the required standard (for example, permanent or temporary). For example:

•      where a subclass 457 visa holder who voluntarily did permanent medicals upfront for their 457 visa and applies for a skilled permanent visa within a 12 month period.

More information on General Skilled Migration.

Category 6 applicants

It has been suggested that it is unlikely that any Category 6 applicants will be processed during the year ended 30 June 2010.

Category 6 in the processing priorities introduced on 23 September 2009 is described as follows;

(i)        Applications   from people whose occupations are listed on the Migration Occupations in Demand List (MODL).

and

(ii)      Applications from people who are sponsored by family and whose nominated occupation is not listed on the CSL.

Pay Rises May Be In Order for 457 Holders - Make sure you comply with the New Rules:  Check the specifics with us if in doubt!

Since 1 January 2010 Subclass 457 visa holders whose visas were granted before 14 September 2009 have been  required to  be paid market salary rates or a prescribed salary rate ( whichever is higher) to put them in the same situation as those  people  granted Subclass 457 visas after that date.

Failure to comply with this obligation may lead to sanctions against the employer and to the visa holder having their visa cancelled.

Below is information from the DIAC website.

The transitional arrangements described above for Subclass 457 visa holders whose visas were granted on the basis of nominations approved before 14 September 2009 will cease 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.

http://www.immi.gov.au/skilled/457-market-salary-rates.htm

Below is a link to an amendment to the Migration Regulations  regarding ICT Professionals.

http://www.immi.gov.au/legislation/amendments/2010/lc01012010-02.htm

Information on sanctions for sponsors who breach their obligations can be found through the link below.

http://www.immi.gov.au/legislation/amendments/2009/090914/lc14092009-01.htm

Refugees:

Whilst we do not practice in the area of refugees some instances provide a useful insight into the current debate in Australia, what some of those in power would like us to think about refugees, and the "de-humanising" of the refugee plight to justify inhuman behaviour and to drum up a typical human trait of mass hysteria and xenophobia. Ahn Do you may have seen on TV, he is Vietnamese, he came to Australia as a three year old refugee "boat person".  An interesting story of human difficulty, shot at as they left Vietnam, attacked by pirates during their voyage, witnessed his younger brother being held by his feet over the side of a boat with death threatened unless they co-operated with pirates, successfully studied law in Australia, bought his Mother a house, one of his goals in life, became a Comedian, successfully, has appeared on Dancing with the Stars and this little story adds to an incredible life.  Watch it through to the end although it may be just a little "corny" to start with.  Sometimes it is easy to forget we are all, with the exception of the traditional owners, migrants to this country - indeed the first European's from the UK were classically "boat people" also, and yet now we sit in judgement on those that follow.  A solicitor turned comedian Ahn Do has a story worth listening to.  When the screen opens click on "Play the Clip" and watch it through to the end.

http://www.abc.net.au/tv/fora/stories/2009/11/25/2755646.htm

Should we count our blessings?

From the Sydney writers Festival if you go to this site and click on the blue button "Play Clip."  It opens up a five minute clip telling the sort of story the story we don’t usually hear:  Maybe we should ponder a moment on the "luck of birth", where and when we are born plays so much in how our lives play out.   

http://www.abc.net.au/tv/fora/stories/2009/11/27/2755706.htm

     
Finally from the Many a True Word Spoken in Jest Department, here is one that might ring a bell from some recent statements in the popular press:

“Light travels faster than sound. This is why some people appear bright until you hear them speak.”   Credit and thanks to John Byrne of Byrnes Lawyers Townsville the source of some of these references.

Best wishes from all of us at Migration Plus for your year ahead!