Work, Business and Skilled Visa in Australia

Are you an Australian employer experiencing a skills shortage in your business?
Or perhaps you are a person with skills in short supply in Australia looking for a skilled work visa in Australia?

If you need a skilled visa in Australia, We can help.

We provide assistance with a skilled visa in Australia and many other visas such as:

  • Temporary employer-sponsored visas (subclass 457)
  • Permanent employer-sponsored visas (subclass 186 – Employer Nomination Scheme & 187 –
    Regional Sponsored Migration Scheme)
  • General Skilled Migration (subclass 189)
  • State Nominated and Skilled Regional visas (subclass 190 & 489)
  • Temporary Graduate visa (subclass 485)
  • Training visas (subclass 407)
  • Applications to the Administrative Appeals Tribunal 
  • Temporary Activity and Temporary Work visas (subclass 408 & 400)
  • Skills assessment applications
  • Managing an employer’s sponsorship compliance and monitoring by the Department of Home Affairs and the Fair Work Ombudsman.
Article on Subclass 491 and 189 visas

10/02/2020
Complex visas or not? 

Two of the most complex and competitive visas one can apply for are the Subclass 189 visa and the Subclass 491 (Family Sponsored stream) visa.

Both these visas fall under the General Skilled Migration visa scheme. Under this scheme, one must achieve a minimum score of at least 65 points on the points test table and submit an Expression of Interest (“EOI”) on the Department of Home Affairs’ (“the Department”) Skillselect website.

It is important to note that there is no direct pathway to apply for any General Skilled Migration visa without first being invited by the Department.

Although achieving 65 points is the minimum required, according to the Department’s January 2020 invitation round, applicants invited by the Department to apply for the Subclass 189 visa and the Subclass 491 (Family Sponsored stream) visa required a minimum score of 90 points. This was due to the low number of invitations issued and the high calibre of candidates.  Some occupations required an even higher score.

For those who have come to Australia as students and those with little to no work experience both abroad and in Australia, achieving a score of 90 on the points test table will be very difficult. However, all hope is not lost as other visa options may be available such as State/Territory nominated visas.

State/ Territory nominated visas- Subclass 190 and Subclass 491 (State/ Territory nominated stream)

When it comes to applying for any State/Territory nominated visa, each State/Territory have their own requirements which one needs to be aware of before lodging an EOI.

Unlike the Subclass 189 and the Subclass 491 (Family Sponsored stream) visas, EOIs are not solely ranked by points. State/ Territory governments will consider the nominated occupation, points score, ties to the State/Territory, and other factors.

What do I do?

Applying for a General Skilled Migration visa can be a daunting and stressful process if you are not aware of the requirements.

At Rothstein Lawyers we will provide you with expert migration advice. We will guide you through the visa options best suited to your circumstances.

Please contact us to arrange an initial consult to discuss your visa options.

WA State Nomination Graduate Stream: Major Changes Announced

A little over a year ago, the WA Department of Training and Workforce Development (“DTWD”) introduced a new Graduate Stream for its State Nomination program, which provided a pathway for eligible international graduates of WA universities, who also have an occupation on the ‘Graduate Occupation List’ to be nominated by the state for a Subclass 489 or 190 visa.

Since its introduction, however, statistics for the Graduate Stream show that the applicant uptake has been largely underwhelming, presumably due to the stringent eligibility criteria required to be met by hopeful applicants.

In its efforts to make the State Nomination program more accessible to a larger number of WA international graduates, on 17 October 2019, the DTWD announced an extension of the Graduate Stream, namely to allow graduates of the vocational education and training (“VET”) sector to apply for State Nomination under this stream. According to the DTWD, the first invitation round to include VET graduates will be issued as early as December 2019.

In addition to opening up the Graduate Stream to include VET graduates, the following changes have also been confirmed:

  1. Studies in Higher Education, VET and/or English Language Intensive Courses for Overseas Students (“ELICOS”) will all count towards the requirement to study for two years in Western Australia; and also
  2. A significant reduction in work experience and job offer requirements. Under the old requirements, international graduates needed to have 12 months of work experience in addition to a job offer for 12 months. After the changes, graduates will only need to either demonstrate 6 months of work experience or a 6-month employment contract, i.e. not both.

While the full details of the changes and the impact they will have on the popularity of the Graduate Stream remain to be seen, we believe that they are very much welcome news for WA graduates who may have felt that the pathway was out of their reach due to being unable to meet the requirements.

If you think that these new changes to the WA Graduate Stream may benefit you, act soon and contact us today at 08 9228 0300 or send us an email at mail@rothsteinlawyers.com to find out more.

Rest assured that the team at Rothstein Lawyers has the expertise and experience to advise you of your eligibility for any Australian visa, and also to help you prepare the best possible application to maximise your chances of success.

Crackdown on “genuineness” of 457 visa position

 

When assessing a subclass 457 visa application, the Department of Immigration and Border Protection (DIBP)  considers whether the    sponsored position is “genuine” or whether the position has been created to secure a  migration outcome.
 On 1 July 2016 the DIBP released new policy on the issue of “genuineness”.
 The DIBP is carefully assessing the following situations (amongst others) as to the “genuineness” of the position:
 •  Self sponsorship (i.e. starting a company and sponsoring yourself)
 •  Where the visa applicant is a relative of the company’s director(s)
 •  Where the visa applicant has been living in Australia for a long time, on various visas
 •  Where the position is not consistent with the nature of the business (e.g. a physiotherapy practice seeking to  sponsor a landscape  gardener).
 The DIBP will issue a Request for Further Information if they are not satisfied the sponsored position is genuine.  These requests must be  taken seriously and responded to in detail.

 

Obligations on Employers Who Sponsor Skilled Workers for Subclass 457 Visas.

There are 10 obligations:

  • Obligation to cooperate with inspectors
  • Obligation to ensure equivalent terms and conditions of employment
  • Obligation to pay travel costs
  • Obligation to pay location and removal costs
  • Obligation to keep records
  • Obligation to provide records and information
  • Obligation to provide information when certain events occur
  • Obligation to ensure primary sponsored person works or participates in nominated occupation, program or activity
  • Obligation not to recover, transfer or take actions that would result in another person paying for certain costs
  • Obligation to provide training

A detailed description of each obligation can be found at the DIBP website. Failure to comply with these obligations can lead to significant consequences, including fines, cancellation of business sponsorship and bars on sponsoring skilled workers for temporary visas. Furthermore, this can result in an “adverse finding” which needs to be overcome in new subclass 457 visa and Permanent Employer Sponsored visa applications.

Rothstein Lawyers has substantial experience in this area.

Updated August 2016

Court Decision Changes Approach to 457 Visa Applicant Appeals

In Ahmad v Minister for Immigration and Border Protection [2015] FCAFC 182, 16 December 2015, the court overturned prior rulings that a 457 visa applicant could not appeal a visa refusal if the nomination were refused.

Therefore, notices informing 457 visa applicants that they could not appeal are probably invalid. Invalid notices could mean that no notice was given and that the 457 visa applicants may even now have a right of appeal.

Rothstein Lawyers in Perth and Joondalup can assess your eligibility.

Article uploaded on 23 December 2015.

Testimonials

"Now that the visa application case has come to a final close my children and I wish to thank you and Sophie Manera for making it a success. We shall be forever grateful"

Ishmael, Mosman Park, WA, Child visa granted 2017

"Words seem so little to thank you for your tremendous work on behalf of our family"

Name withheld WA, Revocation of Mandatory Cancellation of Visa,

"Thank you for your professional and friendly way of doing business"

Name withheld WA, Business Visa Grant

"Highly appreciate for the great job you and the team of immigration lawyers did for my family to be here in Australia"

Subclass 202 Special Humanitarian visa granted

“Thank you for your patience and first-class service. I will certainly recommend your service of meeting people who need an immigration lawyers assistance with their migration matters”

Chris, Mt Pleasant, WA, Partner visa granted 2016

“I just wanted to say a massive THANK YOU for all of your help and prompt responses throughout the application process. I couldn’t be more grateful for your team and the efforts you guys put in"

Sean, South Brisbane, QLD, Subclass 186 Employer Nomination Scheme visa granted 2015

I thought you might like to see that Ryan and I have finally become Australian citizens, this would not have been achievable if it had not been for your help.”

Victoria and Ryan, 2019

Want to know more? Talk to us.

Phone:
08 9228 0300
Fax:
08 9228 0777
Email:
mail@rothsteinlawyers.com

The latest in news.

Article on Subclass 491 and 189 Visas – 10/2/20

Complex visas or not?  Two of the most complex and competitive visas one can apply for are the Subclass 189 visa and the Subclass 491 (Family Sponsored stream) visa. Both these visas fall under the General Skilled Migration visa scheme. Under this scheme, one must...

Introduction of new skilled regional visas

The Skilling Australians Fund (SAF) levy is expected to be implemented in the first quarter of 2018-19, i.e. before 30 September 2018. Once implemented, a nominating employer will be required to pay a training contribution charge, based on the visa being applied for, the proposed visa duration and the turnover of the business.

Subclass 407 Training Visas

The Skilling Australians Fund (SAF) levy is expected to be implemented in the first quarter of 2018-19, i.e. before 30 September 2018. Once implemented, a nominating employer will be required to pay a training contribution charge, based on the visa being applied for, the proposed visa duration and the turnover of the business.

Talk to us today

We’re here to help you with whatever you may need. Whether it be a business, work or skilled visa in Australia. We specialise in complex immigration, citizenship applications and appeals.