Recent News about Australian Migration Regulations
Immigration Minister Chris Bowen announced a new accreditation scheme for the 457 visa system which began on 7 November 2012. From this date employers will be able to apply for fast-tracked accreditation for their Sponsorhsip applications under the Subclass 457 visa program. Sponsorships will now be valid for 6 years, should the company meet “Accredited Sponsor” requirements. At present sponsorship is only valid for 3.
All the following criteria must be met to gain “Accredited Sponsor” status:
- be a government agency, a publicly listed company, or a private company, with a minimum of $4 million turnover per year over the last three years;
- have been an active Subclass 457 visa sponsor for the past three years (with a break of no more than six months, which was not due to any sanction);
- have no adverse information known of it based on DIAC and DEEWR monitoring, including formal warnings and sanctions;
- have had at least 30 primary Subclass 457 visa applications granted in the previous 12 months;
- have lodged a high level of Decision Ready applications over the previous two years;
- have a non-approval rate of less than three percent during the previous three years; and
- have Australian workers comprising at least 75 percent of its workforce in Australia, and have made a commitment to maintain this level.
Living Away from Home Allowance (LAFHA) Changes
For the upcoming budget cycle in 2012 the Federal Government has announced changes to the Living Living Away from Home Allowance (LAFHA) currently available to Subclass 457 visa holders.
The changes could spell the end of 457 visa holders claiming LAFHA in the vast majority of cases. From 1 July 2012, LAFHA will only be claimed by people who maintain a home for their own use in Australia that they are living away from for work. For example, if your company sends you to Perth for work, you could only claim LAFHA if you have a home in, say, Sydney. In contrast, under the current LAFHA system, many 457 holders claim LAFHA on the basis that they usually reside overseas and are working in Australia on a temporary basis.
In addition, individuals claiming LAFHA will need to demonstrate their actual expenditure on accommodation and food beyond a statutory amount. Currently, there is far wider scope to claim “reasonable” costs.
Many 457 holders delay applying for permanent visas, for example Employer Nomination Scheme visas, because of the tax benefits which currently apply. Generally, LAFHA cannot be claimed once a temporary visa holder applies for permanent residence.
GSM Priority 5 Processing Update
DIAC has announced that it expects to commence allocating some General Skilled Migration (GSM) Priority Group 5 applications this program year (2011-12).This group comprises approximately 27 347 onshore applications, and 15 284 offshore applications. About 1000 priority cases are given to case officers each week. As of 18 November 2011 there were approximately 751 onshore applications and 5544 offshore applications in Priority Group 4 awaiting allocation.
DIAC has given the following advice on how processing of Group 5 will occur:
Processing of Priority Group 5 applications lodged in Australia will begin with the remaining applications in the visa subclasses in
effect prior to September 2007, the oldest of which was lodged on 28 July 2005. There are approximately 756 cases in this group.
Processing of Priority Group 5 applications lodged outside Australia will begin with applications in visa subclasses 495 and 496, which
were lodged prior to 1 September 2007, the oldest of which was lodged on 10 July 2006. Unlike other GSM visa applications lodged from outside Australia, prior to 1 September 2007, these applications were not affected by the Minister’s Cap and Cease arrangements. There are approximately 594 cases in this group.
The number of Priority Group 5 applications processed this program year will ultimately depend on the number of higher priority
applications received, and other factors including any change in the size of the Migration Program or variation of the Processing Direction. Many Priority Group 5 applicants still face a considerable wait until their application is allocated to a case officer for processing and may want to consider other options available.
Student Visa English Language Requirements
As per previous editions we advised of upcoming changes to the English language requirements for student visas. From 5 November 2011, the department will accept test results from the following specified English language tests for Student visa purposes taken in any country:
- Test of English as a Foreign Language internet-Based test (TOEFL iBT)
- Pearson Test of English (PTE) Academic
- Cambridge English: Advanced (CAE) test (also known as Certificate in Advanced English).
The department will continue to accept test results from the International English Language Testing System (IELTS) test and the Occupational English Test (OET) taken in any country. The TOEFL Paper-Based Test (TOEFL PBT) is accepted in the following
countries where IELTS is not available: Belarus, Ecuador, El Salvador, Guatemala, Honduras, Kyrgyzstan, Mali, Moldova, Solomon Islands, Suriname, Tajikistan, Tanzania, Uganda and Uzbekistan.
Below are the test score equivalencies:
|
English Language |
|||||||||||||
|
Test |
Test Score Band |
||||||||||||
| IELTS |
4.0 |
4.5 |
5.0 |
5.5 |
6.0 |
6.5 |
7.0 |
7.5 |
8.0 |
8.5 |
9.0 |
||
| TOEFL iBT |
31 |
32 |
35 |
46 |
60 |
79 |
94 |
102 |
110 |
115 |
118 |
||
| PTE Academic |
29 |
30 |
36 |
42 |
50 |
58 |
65 |
73 |
79 |
83 |
86 |
||
| Cambridge English: Advanced (CAE) |
32 |
36 |
41 |
47 |
52 |
58 |
67 |
74 |
80 |
87 |
93 |
||
| OET |
Pass |
Pass |
Pass |
Pass |
Pass |
Pass |
Pass |
Pass |
Pass |
Pass |
Pass |
||
| TOEFL PBT |
433 |
450 |
500 |
527 |
550 |
n/a |
n/a |
n/a |
n/a |
n/a |
n/a |
||
Processing Location Changes in Pakistan and Afghanistan
DIAC has announced that, from 1 December 2011, all new Partner, Child and Family migration applications lodged by clients who live in
Pakistan or Afghanistan (except for applications made by Afghan nationals) will be processed at the Australian High Commission in Islamabad, Pakistan.
The change applies to the following permanent visa Subclasses:
• Child (Permanent) (Subclass 101) visa;
• Adoption (Permanent) (Subclass 102) visa;
• Aged Dependent Relative (Subclass 114) visa;
• Remaining Relative (Subclass 115) visa;
• Carer (Subclass 116) visa;
• Orphan Relative (Subclass 117) visa;
• Prospective Marriage (Subclass 300) visa;
• Partner (Temporary and Permanent) (Subclass 309 and 100) visas; and
• Dependent Child (Subclass 445) visa.
Applications lodged with Bangkok office before 1 December 2011
Applications lodged before 1 December 2011 with the Bangkok office will continue to be finalised there.
New Visa Pricing Arrangements
The Department of Immigration and Citizenship is introducing new visa pricing arrangements. Some changes, including a reduction in the Visa Application Charge (VAC) for new students, take effect from January 2012. Other changes will be progressively introduced over the next 18 months, subject to normal legislative processes.
A review of Australia’s current visa pricing system found scope to target anomalies and inconsistencies, close the gap between visa access charges and the estimated costs of administering visas, and improve the integrity of the visa system. The move to a per person visa application charge structure is in line with comparable countries. The user-pays approach realises the value of visa access while safeguarding Australia’s international competitiveness. It provides greater fairness and flexibility to respond to changing circumstances. For most visa applications the current systems allows one payment for an applicant and their family unit members.
Changes from 1 January 2012?
- The VAC for student visas will decrease by five per cent from 1 January 2012.
- The VAC for a small number of visa classes will be increased between five to fifteen per cent.
Changes from 1 July 2012
- A CPI increase will apply to the majority of visa application fees; and a surcharge will be introduced for optional services such as visa labels.
Changes from 1 July 2013
- A fee for dependants of primary visa applicants. This will not apply to Refugee and Humanitarian visas; Citizenship applicants; Postgraduate research students; Australian sponsoring businesses; or Most Visitor visas.
Proposed Future changes (Implementation date unspecified)
An additional charge will be levied for making a paper-based application where there is an eVisa option
.