Tasmania State Sponsorship Requirements – Subclass 190 Visa

Current international students who have commenced an eligible course in a CRICOS registered Tasmanian tertiary institution before 31 July 2017 will continue to be eligible for Subclass 190 visa nomination, if they complete the following:

  • completed and graduated from a CRICOS registered tertiary institution in Tasmania
  • course undertaken must be either a degree (a bachelor or any higher degree), a diploma, an advanced diploma, or a trade qualification (minimum Cert III level for a skilled occupation in Major Group 3 in ANZSCO)
  • must have a minimum duration of one academic year (40 weeks) must be full time and on site in Tasmania
  • currently in Tasmania and lived in the state for at least 12 months during your period of study
  • Score at least 60 points for the DIBP points test (state nomination provides 5 points for the Subclass190 Visa)
  • Have a valid and positive skills assessment for your nominated occupation, which needs to be on the Migration Instrument 2017 (IMMI 17/072: Specification of Occupations and Assessing Authorities)

NEW MTLSSL OCCUPATION LIST – ACCOUNTANT, IT AND ENGINEERING OCCUPATIONS SAFE


The NEW Occupation list is now released and the following occupations have been removed:

  • Equipment Hire Manager
  • Fleet Manager
  • Picture Framer
  • Property Manager
  • Psychotherapist
  • Real Estate Agent Principal
  • Real Estate Agent
  • Real Estate Representative
  • Ship’s Engineer
  • Ship’s Master
  • Ship’s Officer
  • University  Tutor

Source: http://www.border.gov.au/Trav/Work/Work/Skills-assessment-and-assessing-authorities/skilled-occupations-lists/removed-skilled-occupations

Below is the updated skilled occupation list:

https://www.legislation.gov.au/Details/F2017L00850

NEW Temporary Sponsored Parent Visa


The new Temporary Sponsored Parent visa is due to be released in late 2017 if the Migration Amendment (Family Violence and other Measures) Bill is passed. More details will be made known on its introduction. What do we know for now?

  • Granted for 3 or 5 years, maximum stay is 10 years in total
  • 3-year visa costs AUD$5,000
  • 5-year visa costs AUD$10,000
  • No Balance of Family Test
  • No bond required
  • No work rights
  • Only can undertake short-term, informal study
  • Maintain health insurance from an Australian provider through the period of their stay
  • Cannot have outstanding public health debt in Australia
  • Meet health and character requirements
  • Only one set of parents per household (that is maximum two people) can be sponsored for this visa at a time.

Sponsor requirements:

  • Biological, adoptive, or a step child of their parent
  • Australian citizen, Australian permanent resident or eligible New Zealand citizen
  • 18 years or older
  • Have lived in Australia for at least four years
  • Meet a household income requirement
  • Meet character requirements
  • Accept legal liability for any outstanding public health debt their sponsored parent accrues

The sponsor and applicant will be assessed separately. The sponsor application must be approved before the visa application for the parent can be made.

UPDATE – ENS/RSMS Requirement


We have received recent notification that the 3-year skill or work experience requirement for ENS/RSMS will come into effect in MARCH 2018 not JULY 2017.

WHAT CHANGES WILL BE HAPPENING IN JULY 2017?

  1. Applicants going through the Temporary Transitional Stream will be required to have “competent” English 6 (IELTS) or 50-57 (PTE). This remains the same for Direct Entry for ENS and RSMS.
  2. The Maximum age limit for direct entry visas is 45
  3. UPDATED Skilled occupation list
  4. All 457 Applicants aged 17 and over will require a Penal Clearance for countries in which they have lived in for a significant period.
  5. There will no longer be an exemption for skilled migrants with a salary higher than $96,400.
  6. Changes to Training Benchmarks (TO BE ANNOUNCED)
  7. Expanding Mandatory Skill Assessments

457, Employer Nomination Scheme and Regional Sponsored Migration Scheme Common Q & A’s

MOST COMMON QUESTIONS ANSWERED

  1. DOES THE 19TH APRIL 2017 CHANGES IMPACT THE RSMS VISA APPLICATIONS?

No – this is because you can nominate any occupation that is ANZSCO skill level 1 to 3 for this programme (i.e. you are not restricted to the MLTSSL and the STSOL at this stage).

  1. CAN I STILL APPLY FOR ENS (PERMANENT RESIDENCY) IF MY OCCUPATION IS ON THE STSOL BUT NOT ON THE MTSSL?

Yes – currently, if your occupation is on the STSOL or an eligible occupation on the MLTSSL you can apply for the ENS Direct Entry stream.

Current holders of subclass 457 visas continue to be eligible to apply for permanent residency through the Temporary Residence Transition (TRT) stream of the ENS visa. Access to the TRT stream is not based on the occupation lists and is therefore unaffected by these changes.

  1. DOES THE CHANGES IMPACT ME IF I AM ALREADY ON A 457 VISA?

More information concerning the legislative details of future changes will be available closer to their implementation date. This will include information about transitional arrangements for visa applicants and visa holders.

  1. DOES THE CHANGES IMPACT MY APPLICATION FOR THE ENS/RSMS IF MY APPLICATION IS ALREADY LODGED?

No, the changes do not impact already lodged permanent visa applications.

(ALL RESPONSES ABOVE HAVE COME DIRECTLY FROM DIBP)

WHAT CHANGES WILL BE HAPPENING IN JULY 2017

  1. Applicants going through the Temporary Transitional Stream will be required to have “competent” English 6 (IELTS) or 50-57 (PTE). This remains the same for Direct Entry for ENS and RSMS.
  2. The Maximum age limit for direct entry visas is 45
  3. You must have three (3) years of skill and work experience for direct entry applicants.
  4. UPDATED Skilled occupation list
  5. All 457 Applicants aged 17 and over will require a Penal Clearance for countries in which they have lived in for a significant period.
  6. There will no longer be an exemption for skilled migrants with a salary higher than $96,400.
  7. Changes to Training Benchmarks (TO BE ANNOUNCED)
  8. Expanding Mandatory Skill Assessments

CHANGES IN MARCH 2018 – UPDATING SOON

Changes to the 457 Visa


At this point, some of you may be aware of changes that were implemented today in relation to the skill occupation list. In the following link, it states that the TSS visa will only replace the 457 visa in March 2018. From the 19th April 2017, there is an update on the occupation list, however, DIBP(Department of Immigration and Border Protection) have made a point that occupations listed on the STSOL (Short Term Skilled Occupation List) will be only granted a visa’s for two (2) years if they are pending in the system or lodged on or after this date.

There has been an update on the SOL (Skilled Occupation List) for 189, 489 and 485 visas,  which uses the “MLTSSL” (Medium and Long-Term Strategic skills List);  186, 190, 489, 457, and 407 visas will use the  “STSOL or the combined” list.

It has been stated by the minister that any applicants already on a 457 VISA will still be able to apply for a Permanent Visa and is not affected by these changes. please see the following link http://www.news.com.au/finance/work/what-you-need-to-know-about-the-457-visa-changes/news-story/3894724396a5c7f99491c961ae9b8088

The New Temporary Skill Shortage (TSS) which is proposed to be in effect in March 2018 DIBP(https://www.border.gov.au/WorkinginAustralia/Documents/abolition-replacement-457.pdf)  have released a few details as follows:

  1. If your occupation is on the MLTSSL you will continue to get a four (4) year visa which will allow you to apply for permanent residency after three (3) years.
  2. If your occupation is not on the MLTSSL but is on the STSOL,  then you will only be eligible for a two (2) year visa.  With a possibility of renewal. However, this visa is NOT a pathway to Permanent Residency.

The STSOL has caveats in place for certain occupations – it basically means its conditional or limited to what DIBP has stated.

Please note: that if your application is still pending these changes will affect your application.  DIBP has stated that no nomination application can be approved and no visa application can be granted if your occupation was removed. The list of occupations removed can be found here https://www.border.gov.au/Trav/Work/Work/Skills-assessment-and-assessing-authorities/skilled-occupations-lists/removed-skilled-occupations.   DIBP has offered the opportunity to withdrawal or refund your application fees if you have a lodged application in the above removed skilled list.

Important changes in the english language requirements for 485, 476 and 457 visas


Migration regulations were recently amended to new lower English levels in order to meet the requirements of 485, 476 and 457 visa categories.

Prospective 457 visa applicants will only need to score a minimum of 4.5 in each module of IELTS!

And candidates looking to apply for 485 and 476 visas need only ensure to get a minimum of 5 in each module of the IELTS examination!

If you are looking to lodge an application for either of these visas on or after 18 April, you must provide evidence of having achieved this in a test taken three years before lodging your visa application:

** Passport holders from the United States of America, Canada, United Kingdom, the Republic of Ireland or New Zealand, you still will not need to provide an English test result.

To get more information on the above changes and to find out your eligibility in applying for an Australian Visa please call 07 3216 0052 to with one of our experienced Migration Agents.

Great News for Regional Sponsored Migration Scheme Cadidates


Great news for candidates looking to be sponsored under the Regional Sponsored Migration Scheme/subclass 187 visa!!

THE DIBP have recently updated their policy as a result of the MRT finding that their policy did not meet the purpose of the legislative requirement. In short, the two year mandatory work experience has been removed.

As a result, graduates from the international VET sector no longer require two years full time work experience to apply for a RSMS if they hold a Certificate IV qualification or above.
If the applicant is relying on Australian or overseas work experience to meet the skill requirement, officers will assess whether the work experience is relevant and equates to the corresponding formal qualification.

If the applicant relies on an Australian qualification, that qualification must be as specified within the ANZSCO framework for that occupation. For example, if the nominated position were that of a cook (ANZSCO 351411), the applicant must:

– hold a relevant AQF Certificate IV or
– hold a relevant AQF Certificate III including at least two years of on the job training or
– have at least 3 years of relevant experience

Changing Courses or Education Providers?

The Department of Immigration and Border Protection has recently raised serious concerns about the large number of student visa cancellations for breach of Condition 8516.

An operation conducted by the DIBP sent 1000 x ‘Intention to Consider Cancellation Notices’ and of these around 750 x were cancelled ultimately.

If you are on a student visa and are looking to change your courses you should look consider these circumstances before making a decision.

The Department’s targeted ‘course hopping’ students in the following categories:

Higher Education Sector visa (subclass 573) holders granted their visas under the streamlined visa processing provisions (requiring less scrutiny) who, shortly after arrival in Australia, then applied for and were refused Vocational Education and Training Sector visas (subclass 572) (non-streamlined visa processing that requires more scrutiny);

Student visa holders who have not acted on advice from the department to abide by the requirements of their Student visas;

Student visa holders who, upon arrival in Australia, have changed to a course of study that has no correlation to the course of study for which their Student visa was granted. For example, a Student visa holder intends to study for a Bachelor of Engineering, and then changes to a cookery course of study.

Student course hoppers who have an adverse immigration history.

Under the Department’s discretionary framework students with genuine intention to study relevant courses will be given an opportunity to explain their circumstances and hence the decision not to cancel in approximately 250 of the 1000 cases.

It should also be noted that of more than 4,000 students identified in breach of condition 8516, the Department only took action against those students considered high risk and within the categories outlined above.

Further information about changing course is available on the Department’s website http://www.border.gov.au/Trav/Stud/More/Changing-courses