What is NEW for July: Well we have a New Prime Minister, a new Financial Year, some new legislation (which I will comment on below). Going through the gender scale of government in Cairns, Queensland, Australia - we have a Queen, a Lady - Governor General, Prime Minister, State Premier, State Governor, City Mayor, and Council Chief Executive Officer and the boss at my place is a lady also!
Refugees
For the small number of Refugees that Australia takes annually does it really warrant it being the political football that it has become. Yes we need to stop the boats coming, we need to stop people trafficking, and the thing that I do agree with our new Prime Minister is that, as Australians we should be better than playing political football with people's lives - no matter where they come from or what race, creed or religion they belong to. We are human, they are human we should be better than that. Yes Australia does need to have a "conversation" about how we deal with this matter. There can be no excuse for incarcerating children and innocent young people for years, for putting them behind razor wire like animals and separating them from their parents. Do you know how many children without parents are currently held in custody - if you don't you should make it your business to find out and be aware of the real facts of this ongoing matter - what is in the public market place is not necessarily the full and correct story. It is worth looking at how many refugees Australia actually takes compared to other western nations also! In the overall scheme of things the number is miniscule. The real problem is the traffickers, but it is those being trafficked that are suffering!
Important Changes from 1st July 2010
Other important things have come into effect since 1st July apart from the rolling of a Prime Minister:
ASCO to ANZSCO >> ASCO is the Australian Standard Classification of Occupations, developed by the Australian Bureau of Statistics, it is now and has been for some time considerably out of date. It is widely used by DIAC (Department of Immigration) in considering and analysing jobs and positions that can be sponsored or are eligible for visas. From 1st July DIAC now recognises ANZSCO, Australia and New Zealand Standard Classification of Occupations, which is structured on a significantly different basis and is far more up to date with modern jobs and occupations. It is noteworthy that Dive Instructors are a specific ANZSCO Code however at the date of writing DIAC are still not recognising this. ANZSCO will apply to all applications lodged after 1st July, whilst ASCO will continue to apply to applications in progress or lodged before that date with some transition provisions to try to avoid disadvantaging applicants. The SOL, Skilled Occupation List, MODL, Migration Occupations in Demand List, etc will now refer to ANZSCO positions.
SOL for General Skilled Migration GSM >> A new Skilled Occupation List has come into force for the General Skilled Migration Program. It has 4 Schedules for people who have lodged before 1st July and for those lodging after and for transitional cases and State or Territory Sponsored Cases. (Nothing is ever easy or straightforward with migration!) The list of occupations for State or Territory Sponsored Applications is somewhat wider than provided in the other schedules to give the States some discretion in relation to their own employment needs. The Transitional Provisions are complex for people on a 485 or temporary visa wishing to progress to GSM - you would be well advised to seek advice. NOTE THAT: THE SOL DOES NOT apply to the ENS and RSMS classes of visa, they are not impacted by these changes.
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Current Skilled Occupation Lists (SOLs) |
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A. For General Skilled Migration (GSM), there are now four Skilled Occupation Lists (SOLs), schedules 1-4:- 1. Schedule 1 is for GSM applications already lodged and not yet finalised (ie, still in the “pipeline”); 2. Schedule 2 is for applicants who are eligible for the transitional arrangements: 3. Schedule 3 applies to all applications for a GSM visa made after 1 July 2010, except for those subject to transitional arrangements (Schedule 2) or those able to use the SMP (State Migration Plans) (Schedule 4) list; and 4. Schedule 4 applies only to occupations in the yet-to-be announced SMPs, for applicants for Subclasses 176, 886, 475 and 487. B. The Employer Nomination Scheme Occupation List (ENSOL), applies for Employer Nomination Scheme (ENS) applicants. For ENS the minimum salary levels have risen to $47,780 (from $45,220) and $65,020 (from $61,920). C. Subclass 457 and Subclass 442 (Occupational Trainee) SOLs are now updated and translated to the ANZSCO listing. The 457 (Temporary Long Stay or "Business Visa") Occupation List remains the same as the new reduced list from September last year and the Occupational Trainee list also includes Ministers of Religion. |
457 Visa - New TISMIT or Minimum Salary >> Readers will recall that the TISMIT or Temporary Skilled Migration Income Threshold was introduced last year. It has two key effects:
- If the"market rate" for an occupation is below the TISMIT then nominations for that position will NOT be approved
- It is effectively a "minimum" salary for any 457 sponsored position, however the demonstrated "market salary" rate MUST be used for sponsored employees
457 English Language Exemptions - New Salary Level >> The applicable base salary for exemption from English requirements for 457 holders is now $85,090 (up from $81,090) and this cannot include incentives, bonuses, loadings, overtime or penalty rates etc. Holders of passports from Canada, New Zealand, Republic of Ireland, UK or the USA are exempt in any event.
MODL - Migration Occupation in Demand List>> The MODL is unchanged except for the change to ANZSCO codes and it may still be relevant for people who had applied before 8th February 2010 for SubClasses 861, 862, 880,881, 495, 175, 176, 475, 487, 885,or 886 and for people holding a 485 on 8th February 2010 who make an application before 1st January 2013 for a 885, Skilled Independent, 886 Skilled Sponsored or 487, Skilled Regional Sponsored. The transitional provisions are complex and we suggest if affected you seek advice in this regard.
Students >> It is still our strong recommendation that students wanting to pursue permanent residence in Australia work towards the ENS and RSMS employer sponsored categories of visa for permanent residence or the 457 for temporary work rights. The GSM pathway is still uncertain, difficult and time consuming - the Government and DIAC emphasis is on visas for people with certainty of jobs and the ENS and RSMS pathways meet this requirement. Students should plan their pathway and strategy well in advance of completing their studies.
Monitoring >> Students need to ensure they stay within their 20 hour work limitation and meet their course attendance and performance requirements. Students are monitored and breaching visa conditions will lead to cancellation and ongoing consequences such as bans for three years from further applications. RSMS monitoring has been undertaken as a pilot study through the Melbourne DIAC office and some issues such as visa holders not working for the sponsor and in some cases never working for the sponsor have been uncovered. This is likely to result in further monitoring of RSMS. Make sure you comply with your visa conditions.
RSMS Review >> The RSMS visa has been under review since last year but indications are that this review and changes are unlikely to be complete this calendar year. There is no doubt that there will be some changes to the RSMS visa class however this now appears unlikely until 2011. Of course the Government and DIAC do react to market pressures and we are in an election environment so changes could be made at any time.
Quotes >>
With credit this month to Byrne Lawyers in Townsville from their monthly WOW, Words of Wisdom:
“I am indeed rich, since my income is superior to my expense, and my expense is equal to my wishes.”
Edward Gibbon (1737 – 1794) English historian
“It's not your salary that makes you rich, it's your spending habits.”
Charles A. Jaffe (1879 – 1941) Belarusian chess master
“An economist is an expert who will know tomorrow why the things he predicted yesterday didn't happen today.”
Laurence J. Peter (1919 - 1990) educator and "hierarchiologist," (go figure ?)
and from good old Anonymous …
“The real measure of your wealth is how much you'd be worth if you lost all your money.”
Almost finally, (i.e. penultimately) from the Many a True Word Spoken in Jest Dept…. “If all the economists were laid end to end, they'd never reach a conclusion.”
George Bernard Shaw
Now finally, this was too good to leave out …
The Socceroos visited an orphanage in South Africa during the World Cup:
"It's so good to put a smile on the faces of people constantly struggling and facing the impossible" said Jabulani Umboto, aged 6 - one of the orphans - think about it!
This newsletter is general information only and may not apply to any specific set of facts or circumstances, you should check with the legislation or a Registered Migration Agent before committing to any decisions!
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Chris Dr Christopher R White DBA, MBA, B.Bus, ALGA CA, FCPA,CFP, JP Migration Plus Network Pty Ltd : ABN 45136723987 Education Agent Counsellor F006 Level 15, Cairns Corporate Tower, 15 Lake Street, Cairns Qld 4870 Australia Information about the Migration Agent Profession
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Communications:
Telephone: 07 4041 2620 Fax: 07 4041 5011 Email: visa@migrationplus.com.au
Post: PO Box 1477 Cairns Qld 4870 Australia Skype: vzn6971 |
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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.
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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.
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