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457 Visa Update for Sponsors

With the recent changes in the 457visas temporary skilled work visa, new policies are being launched as per the recruitment policies. The Department of Immigration and Border Protection have released a new policy relating to several minor changes that sponsors should follow.
The following issues are highlighted as follows:

Store Manager Positions

The DIBP has advised all sponsors should not seek to fill the store manager position with overseas workers as it is not on the Consolidated Sponsored Occupations List (CSOL), by substituting the occupation with other substitute designations:
• Customer Service Manager
• Sales and Market Manager
• Specialist Manager

Though in circumstances that cannot be excluded where a business is seeking to set up a series of new stores/outlets in Australia for the first time but in the order the person coming from overseas must have proper knowledge of the business he is to setup and a specialist manager may be considered.
A subsequent request may be considered under a company labor agreement if the business is in genuine need of such position.

Skill Assessments

Exemptions may apply to the mandatory skill assessment requirement for the nominated occupations.

This exemption may be considered under the following circumstances:

• In the case of a repeat 457visas application, where the applicant must provide a skill assessment for the first application, for the same occupation.
• Where the applicant is nominated as an intra-company transfer and has been employed in the same or similar occupation for the overseas business entity.
• When the visa applicant is being paid at a salary level set at $180,000 or above.
• Or if the sponsor has a sponsorship accredited status.

Changes that apply to the salary and hours

• The 457visa would be provided to a full time holder
• Under limited circumstances may be permitted, provided he or she is being paid at the at a market salary rate.
• A 457visa holder’s salary should not be decreased.

Labor Agreements

As of 2nd of March the Minister of Immigration and Border Protection ceased the fast food industry labor agreements.
Only under demonstrative exceptional circumstances, it may be possible to negotiate a Company Specific Labor Agreement.
Such agreements may only be excepted on the basis of a very strong evidence submission, which would be as follows:
• Clear evidence must be provided, in relation to a particular venue or location that is in significant need of the post to be filled and why such recruitment activities have failed for the post.
• Or if the business has proved that it has reduced its dependence on the overseas workers.

DIBP Processing Time

The following implementation are:

• Allocation for the initial assessment has been reduced to 50 to 30 days
• If in cases that further information is needed the following case may not be looked up for up to 60 days
• As the previous median processing time for sponsorship applications was 57 days
• Median processing time for designation applications were at 46 days to 49 days.

Sponsorship Obligations

Sponsors who are found to be in breach of the terms and conditions set by the DIBP would face possible sanctions and civil penalties. And 457 holders found within the breach of the laws, risk cancellation and may be required to leave Australia immediately.

For further details and ways to immigrate to Australia do contact our consultants they would be happy to help you out.

PR in Australia

Many students studying in Australia often enjoy the pleasure of getting a permanent residency after they have graduated. Most foreign students take up a temporary work VISA which allows them to work for a limited period of time.

The temporary work VISA acts as a beginners guide to being a step closer to getting PR. The right education and occupation is required for getting the permanent residency. Considering the expenses on Australian education being very expensive for students who are not citizens of the country it could be difficult for them to live and study but universities in Australia do provide schemes for students as well as opportunities to build a lifestyle and a career while they are studying.

Tips for foreign students studying in Australia looking to get permanent residency!

  • You need to meet the Australian study requirement. Which suggests that you must obtain at least a sustainable Australian qualification as a result of two years of study.
  • A minimum age requirement must be obtained 18 to 49.
  • Work experience could get you extra credit however it is important to meet certain requirements in terms of skill level.
  • Further study such as a bachelor’s degree in Australia by doing an honor’s year or master’s degree.
  • IELTS test of English language must be obtained. Unless you get 6 in all 4 components of IELTS.
  • Keep up to date with the constant change of rules and the department of immigration.

The Australian Study Requirement!

  • This suggests that a student should have at least two years of academic experience.
  • A student must have at least more than one qualification of two years.

Two academic years study is defined as 92 weeks of registered study.

It is a measure of the amount of study you have completed rather than how long it took you to complete the study. The requirement that you complete two academic years does not mean that you need to study full-time to meet the Australian study requirement.

You can take longer to complete those requirements if you choose to. That is, if you take 92 weeks to complete a course registered with CRICOS (Commonwealth register of institutions and courses for overseas students) for only 78 weeks, that course will still only count for 78 weeks towards meeting the Australian study requirement.

A student cannot fail cannot fail a single subject twice.

If you are given credit for prior learning it will reduce the amount of study you have completed. In such a situation the exempted units cannot be counted towards meeting the study requirement if they are already being used towards meeting another course standard.

The credit will be granted on the basis of study undertaken either overseas or within Australian in a non-CRICOS registered course. This means that the credit granted on the basis of study undertaken in Australia in a course registered with CRICOS may contribute towards meeting the Australian study requirement, but only once.

Example 1:

If a course is CRICOS registered for 138 weeks (three years) and consists of 24 equal weighted units, you will have completed two academic years when you have successfully completed 16 units of that course. That means that if you are enrolled in that course you can be given credit based on non-CRICOS registered study of up to eight units and still complete two academic years of study.

Example 2:

If a course is CRICOS registered for 92 weeks (two years) and consists of 12 equal weighted units, you would be required to complete all 12 units to meet the Australian study requirement.

If you were granted credit based on study in another course also registered with CRICOS, then these exemptions could still contribute towards meeting the study requirement regardless if a qualification was awarded for this other course.

However, if you are enrolled in this course and given any credit based on non-CRICOS registered study you will not have completed two academic years study and would fail to meet the Australian study requirement.

If you fall short of the 92 weeks of study due to exemptions you have received, you have several options to meet the Australian study requirement. Options could include have the university rescind the exemptions so you must now successfully complete these subjects to be awarded your qualification complete additional units that are at the same level as the exempted units (or higher) and which are accepted by the university as award units for the qualification, such as an elective unit.

 

If the education provider specifies the units as ‘Non-Award’ units, then these units will not be able to count towards meeting the Australian study requirement. Also the additional units would need to be of sufficient registered CRICOS duration to take you to a total of 92 weeks of registered study.

Also note: The academic transcript should indicate that the elective is contributing towards the award of the degree for this unit to be counted towards meeting the Australian study requirement to ensure that there is no doubt about the electives being part of the award of the qualification complete an additional qualification that is closely related to the occupation you nominate on your General Skilled Migration application. This additional qualification must be of sufficient CRICOS registered duration to make up for the exempted units from the students course(s).

Requirements to meet for application of the course!

Each qualification that you have completed and are relying on to meet this requirement must:

  • be either a degree (a bachelor or any higher degree), a diploma, an advanced diploma, or a trade qualification
  • have been undertaken at an Australian educational institution in Australia
  • have been conducted in English
  • Register on CRICOS.

Note: English language proficiency courses or enabling programs cannot be used to meet the Australian study requirement.

 

Apart from the mentioned course here is a list of the best courses for a student to apply for in Australia!

Best Courses and universities in Australia!

Engineering (B-tech)

  1. University of Melbourne (Melbourne)
  2. University of New South Wales (UNSW)
  3. University of Sydney (SYDNEY)

Accountancy (CA – CS)

  1. Charles Darwin University
  2. Holmes Institute
  3. Melbourne Institute of Technology

Nursing

  1. University Of Sydney
  2. University of Queensland
  3. University of South Australia

And there are numerous number of other courses that a student could use to get to their goals.

Process of getting Permanent Residency for students!

– General Skilled Migration (189/190 points tested visas)

If you are young, have a good English and finished your course in Australia you should not have big problems to obtain a minimum number of 60 points required for either of these visas. This applies even if you have very limited work experience or no experience at all. Having obtained state nomination for visa subclass 190 does help as you get extra 5 points for state nomination.

– Family stream options (mainly partner visa 820/801)

This is quite self-explanatory situation. You might meet a partner or get married with Australian citizen or permanent resident during your studies in Australia. If he or she is willing to sponsor you, after having met certain conditions, you could apply for permanent resident visa.

The advantage of making a valid application for this visa is that you are eligible for bridging visa A with no conditions as long as your application is made in Australia. That means that from day one you might be able to work full time without any restrictions.

– Temporary work visa (generally 457 visa)

Being the most popular Australian temporary work visa, 457 visa can however lead you to permanent residency. If after having spent at least 2 years within one employer they want to offer you permanent role you could be eligible to apply for permanent visa (either 186 ENS or 187 RSMS)

– Temporary Graduate 485 visa

Temporary Graduate visa (subclass 485) is probably the easiest and very straightforward choice after student visa expiry for anybody who receives a suitable qualification and meet 2 year Australian study requirement.

Although not a permanent visa, it can give you some extra time to improve your work experience in Australia without worrying about work restrictions. At the same time it could give you extra time to prepare paperwork for your permanent visa application.

Obviously Post Study stream with 2+ years of work permission in that visa is much better option that Graduate Work one (up to 1.5 year & compulsory skills assessement) as long as you qualify. This visa was explained further in my earlier post here.

It is quite unlikely for majority of you to meet all requirements for Employer Sponsored visas (subclasses 186/187 in Direct Entry stream) just after completion of your English/Diploma/Bachelor course.

186 ENS visa requires from you minimum 3 years work experience and positive skills assessment is necessary (Direct Entry). For somebody with no previous or limited work experience this can prove very difficult to overcome.

Changing your student visa into one of the visas listed below might be prevented by visa condition on your current visa. Condition 8503 ‘no further stay’ is pretty much a ban on any further visa applications within Australia unless you are able to show that due to exceptional circumstances you should extend your stay.

Other quite nasty conditions include 8534 and 8535 which stop you from applying for any non-student visa. They are quite common in passport holders from countries having assessment level 2-4.

All in all, moving from student visa to permanent residency can be done without big problems when planned well ahead, preferably before you even start your course.

What are the Scholarships provided by Australian Government to International Students ?

There are a number of scholarships, and grants which can help you support yourself financially along with your studies in Australia. These scholarships are mainly offered by the Australian Government, education institutions, and a number of other public and private organisations.

Here we have the information about the scholarships and the grants which are provided by the Australian Government itself to the International Students in order to support their Studies in Australia and live a good live as well.

Here is information about some of the major scholarships programs available for international students:

Australia Awards

The Australia Awards aims to promote the knowledge, education links, and the enduring ties between Australia and it’s neighbours through Australia’s extensive scholarship programs. This program brings together scholarships offered by the Department of Foreign Affairs (DFAT), the Department of Education and the Australian Centre for International Agricultural Research (ACIAR)  in order to make a com Australia Awards and Endeavour Scholarships and Fellowships.

International Postgraduate Research Scholarships

The International Postgraduate Research Scholarships (IPRS) program mainly focuses on improving the quality of Australian research. If you already have a graduate qualification, an IPRS scholarship lets you study in Australia with some of the best researchers in your field. This scholarship helps you to excel and find the unexplored domains of your key interest. The aim of this scholarship is also to enhance the knowledge level of a student and create a group of researchers who having uniqueness in them are working for the same exploration in their key fields of studies and research. You can read more about these scholarships at the Department of Education website.

Australia APEC Women in Research Fellowship

The Australia APEC Women in Research Fellowships are open to high-achieving female researchers from APEC economies for research opportunities in partnership with Australian education and research institutions. The fellowships aim to support women’s economic empowerment in the APEC region and raise the profile of female role models in science, technology, engineering and mathematics. This scholarship focuses on Women to support and increase the quality & quantity of women in every field.  Australia APEC Women in Research Fellowship.

These were some of the Scholarships and grants provided by the Australian Government. But there are many other types of scholarships and grants which are available in Australia for International Students and they are either by the universities or education institutes you apply to study or some other private or public organisations working to help students get a good education abroad.