Migration Plus, Migration Information, Australia
June 2011 - News, Views and Clues from Migration Plus

The last month has brought changes to RSMS/ENS policy and the announcement of a refugee transfer agreement between Australia and Malaysia, as well as…the 2011-2012 Budget! Initiatives put forward by the Government include a new Skilled Migrant model and Regional Migration Agreements. It was announced that there will be an increase in permanent migrant numbers, additional funding for subclass 457 visa processing….and increased application charges for the majority of visa subclasses. We also saw the creation of the Overseas Students Ombudsman and the announcement of imminent changes to acceptable English Language Test providers for Student visas. Plus we have some statistics on 457 visas and some news on staff changes - it has been a busy month!

NOTABLE NEWS

RSMS/ENS Policy Change

On 15 May 2011 changes were made to DIAC’s policy regarding nominations under the Regional Skilled Migration Scheme and the Employer Nomination Scheme. The changes do not reflect new policy, but rather clarify current policy in order to make it easier for DIAC case officers to make decisions regarding certain factors. Contact us for further information about policy releases if appropriate.

Alternative English Language Tests for Student visas

On 20 May 2011 DIAC announced that it will shortly accept the following English language test options for Student visa application purposes:

  • TOEFL (all countries)
  • Pearson Test of English Academic (Pearson) (all countries)
  • Cambridge English: Advanced (CAE) from Cambridge ESOL (Cambridge) (all countries)

DIAC is currently finalising equivalency scores for TOEFL, Pearson and Cambridge. Test results from these alternative test providers (or in the case of TOEFL, from applicants in countries other than the 14 previously specified) will not be accepted for Student visa purposes until this process has been completed, which it is expected will take place later this year.

DIAC will continue to accept test results from IELTS. Current testing arrangements and equivalency scores for IELTS will not change.

Overseas Students Ombudsman

Overseas students who have problems with private education and training can now take their complaints to the Overseas Students Ombudsman (OSO) if they are unable to resolve these problems directly with their education providers.

Students can lodge complaints regarding actions or decisions taken by their private registered education provider in Australia, where the student believes that the provider may not have followed the rules correctly or treated the student fairly. This could include refusal of admission to a course, fees and refunds, attendance, transfers or cancellation of enrolment.

Complaints can be lodged by overseas students already in Australia, students planning to come soon and family or friends of overseas students.

If the OSO finds that an education provider has made a mistake or acted unfairly, it can take a number of different actions, including asking the provider to apologise, change or reconsider a decision or to provide a refund to the student.

Note: an overseas student cannot be reported to Immigration for complaining to the OSO. If an overseas student complains about a provider’s intention to report them for unsatisfactory course progress or attendance, the provider has to wait until the OSO’s investigation is finalised, before reporting the student. The provider must also maintain the student’s enrolment while the OSO  is investigating the complaint.

See the OSO website for further information: http://www.oso.gov.au/


BUDGET ANNOUNCEMENTS

The Government made the following announcements in the 2011-2012 Budget:

Skilled Migrant Reform

A major reform in the skilled migrant selection process is due to commence on 1 July 2012.

The new selection model will involve two stages. Prospective applicants will first submit an online expression of interest (EOI) in claiming skilled migration. Depending upon their score on the points test and the number of available places in the skilled migrant program, they may subsequently be invited to make a visa application. Applicant will be required to receive an invitation in order to lodge a visa application.

The purpose of the new model is to enable prospective applicants who score highest on the points test in each eligible occupational group to apply for skilled migration. It also seeks to address regional skill shortages, by allowing applicants migrants to indicate their willingness to live and work in regional Australia.

As of 1 July 2012, new applicants will be required to submit an EOI and be issued with an invitation before lodging a visa application, unless eligible for transitional arrangements. The first round of invitations is expected to occur in January 2013.

The visa subclasses that will be affected by this new model are: Skilled – Independent (subclasses 175, 885); Skilled – Sponsored (subclasses 176, 886); and Skilled – Regional Sponsored (subclasses 475, 487).

Although those prospective applicants who have an employer sponsor would not be required to submit an EOI, doing so would allow employers to view their details and contact them regarding sponsorship opportunities. 

Agreeing on Future Needs

Regional Migration Agreements

Regional Migration Agreements (RMAs) will be introduced, with the purpose of bringing together employers, local and state government and unions to address local labour needs. The purpose of RMAs will be to support growth in regional areas whilst ensuring that Australian workers remain the first choice for employers and industry.

RMAs will set out the occupations and numbers of overseas workers needed in the area, with the potential for access to semi-skilled overseas workers where there is a demonstrable and critical need. Each RMA will be negotiated between the Government and representatives of the local area. Individual local employers will then be able to directly sponsor workers under the terms of the RMA.

The agreements will allow employers to obtain streamlined access to overseas workers where local labour cannot be sourced. They will also focus on training initiatives for Australians, with communities expected to come up with strategies to train local workers to meet future skill needs.

Further consultation on the implementation of these agreements will take place during 2011-12.

Enterprise Migration Agreements

Enterprise Migration Agreements (EMAs) will also be introduced, in order to address the temporary skill needs of the resources sector.

The purpose of EMAs is to enable major resource projects to access overseas labour for genuine skill vacancies which cannot be filled from the Australian labour market.  EMAs will streamline negotiation arrangements for access to overseas workers and guarantee fast processing times for visa applications, in order to ensure that skill shortages do not create constraints on major projects and jeopardise Australian jobs.

New Numbers

Additional Funding for 457 Processing

The subclass 457 visa program will receive $10 million of additional funding, with the aim of halving processing times from the current median of 22 calendar days. It is proposed that this will be achieved through the establishment of a new processing centre in Brisbane.

DIAC Fees Increase

From 1 July 2011, the Government will increase a number of visa application charges by 15 per cent. This increase in visa application charges will not apply to tourist visas, student visas, second instalment investor retirement/contributory parent visas or humanitarian protection visas lodged in Australia.

Permanent Migration Visa Numbers

The number of permanent migration visas to be granted in the year 2011/2012 will be increased to 185,000, around two-thirds of which will fill critical skill shortages in regional areas. Regional visas will be processed as a priority over others. The skill stream intake will increase to 125,850 places, with 16,000 places allocated to the Regional Sponsored Migration Scheme.

This is the first time that the government has specifically allocated permanent visas to rural areas.

Recent reforms have contributed to a decline in net overseas migration levels from more than 315,000 for the year ending December 2008 to around 180,000 for the year ending September 2010. This has allowed for what the government terms a ‘moderate increase’ in the migration program.

Statistics quoted by The Australian show that the national population would still grow by 1.1 million over the next 10 years from natural growth, but the numbers of working age would rise by only 21,000. In contrast, the numbers aged 65 and over would rise by 944,000.

INTERNATIONAL NEWS

Australia & Malaysia Refugee Transfer

On 7 May 2011 Australia and Malaysia announced that they have agreed to enter into an arrangement for the exchange of refugees and irregular maritime arrivals. The purpose of the arrangement is to undermine people smugglers claiming to guarantee the processing and resettlement of asylum seekers in Australia.

The government has indicated that under this arrangement, 800 irregular maritime arrivals who arrive in Australia after 7 May 2011 will be transferred to Malaysia for refugee status determination. In exchange, over a four-year period Australia will resettle 4000 refugees already residing in Malaysia as at 7 May 2011.

Australia & India Training Agreement

The Australian Financial Review (AFR) reports that Australian and Indian officials have started talks with tertiary institutions and training bodies in both nations about opening up Australia's training system. Under the proposed plan, up to 100,000 Indians would be trained to work in both countries, whilst up to 30,000 Australian-trained graduates could be recruited locally. The trainees would be trained to Australian standards and employed on the same conditions as Australians, and would be subject to existing immigration legislation.

Demand for the Indian graduates will rely on the demands of mining companies, who have also been involved in discussions with officials from both countries. The agreement may become a model for other industries in different countries.

STAND-OUT STATS

Subclass 457 in Queensland 2010-2011

5350 subclass 457 visa applications were granted in the year ended 30/04/2011 – an increase of 37.7% from the previous year.

The biggest sponsorship industries in Queensland were Health Care & Social Assistance (19.6%); Construction (17.1%) and Mining (14.3%). There was also a significant increase in the number of applications sponsored by the Professional, Scientific and Technical industry (191.4%).

Most subclass 457 visas were granted to Professionals (62.7%), followed by Technicians & Trades Workers (16.6%) and Managers (14.8%). There was a 75% decrease in the number of visas granted to Labourers.

The top 10 nominated occupations in Queensland were:

1) Resident Medical Officer
2) General Medical Practitioner
3) Civil Engineer
4) University Lecturer
5) Geologist
6) Information & Organisation Professionals
7) Specialist Managers
8) Medical Practitioners
9) Engineering Manager
10) Registered Nurse (Medical)

TEAM CHANGES


We welcome Claire Barton from New Zealand, who holds a Bachelor of Laws and a Bachelor of Arts (Hons), and has extensive experience with Immigration New Zealand and the New Zealand Citizenship Office.



We also welcome Roberta Dunsmuir, who recently moved up from South Australia. Roberta holds a Bachelor of Business in Human Resources, the Graduate Certificate in Migration from ANU (originally one of Chris’s students in the course) and has extensive experience with the SA Government and other organisations.

In addition, we say farewell to Martin Robertson who worked with us to gain experience following his study.


QUOTES

Experience...

Experience is the child of thought, and thought is the child of action.
Benjamin Disraeli

Life can only be understood backwards; but it must be lived forwards.
Soren Kierkegaard

Do you know the difference between education and experience? Education is when you read the fine print; experience is what you get when you don't.
Pete Seeger


This newsletter is general information only.  Before acting seek appropriate advice relevant to your specific circumstances.

Kind regards

Chris

Dr Christopher R White

DBA,  MBA, B.Bus, ALGA CA, FCPA,CFP, JP

Migration Plus Network Pty Ltd :  

ABN 45136723987
Registered Migration Agent No. 92 55749

Education Agent Counsellor F006

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:

Information about the Migration Agent Profession


Migration Agent Code of Conduct

Communications:

Telephone:  07 4041 2620

Fax:             07 4041 5011

Email:         visa@migrationplus.com.au

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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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