This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

Other than a family sponsor or investment visa. There are five types of visas that typically lead to permanent residency, some directly and others with a built-in path:

• 482
• 189
• 190
• 491
• 494

Four of these five visa types of visas require a skills assessment, though some exceptions apply. Most skills assessments require relevant work experience, but there are exceptions for professions like nurses, pharmacists, engineers, and social workers. Importantly, work experience for skills assessments doesn’t necessarily need to be obtained in Australia. (Some exceptions apply)!!!

*** Example ***

1. Our client studied hotel management in Colombia and worked as restaurant manager in Colombia.
2. In Australia she studied VET level childcare.
3. We used her overseas experience to get a skills assessment as a restaurant manager and secured her a skilled cisa in this occupation, even though it was unrelated to her studies in Australia.

*** The Catch ***

For a skills assessment you always need at least one year of work experience in the last five years. Sometimes, you may need more than one year or at least one year of experience in the last three years. If you have overseas work experience and have been in Australia for some time, you may need to get a skills assessment as soon as possible. Skills assessments are typically valid for three years, sometimes less.

Most skills assessments do not need English language test scores, so don’t delay getting your skills assessed. Once your experience is three or five years old, it may be too late.

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

Our client studied Commercial Cookery and Diploma in Hospitality Management in Australia. She changed locations few times — Gold Coast, Brisbane, Melbourne and finally settled on the Sunshine Coast. After she finished her studies, we were able to help her obtain a Graduate Visa which got her a visa with full-time work rights for 18 months.

During her graduate visa, she got enough hours to complete her Job Ready Program and to get a full Skills Assessment as a Chef.

We were hoping that we could get her a 190 Visa. However, by the time she had received the skills assessment, Queensland had already used up their invitations for the 190 visa for the financial year. And her 485 graduate visa was expiring before the new quota for the new financial year would start.

Whilst technically the 189 visa was an option, realistically, we knew that she didn’t have enough points to get that visa. Luckily, she had fallen in love with the regional area, Noosa. And her having worked in the regional area meant that she met the criteria for a 491 Visa.

The 491 visa allows her full-time work rights and access to Medicare for the next five (5) years. After she has lived and worked in the regional area in any occupation full-time earning at least TSMIT (currently $53,900 p.a.), then hopefully we will be helping her for her third visa application with us, this time,  for permanent residency.

It’s been an absolute pleasure to help her over the years. Whilst its not been without trials and tribulations, we’ve been glad to help her overcome every obstacle to help her reach her goals.  We would be glad to offer you a free visa assessment in the hopes that you can become our next success story.

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

Freedom of Information Request – FA 19/09/01065

EOIs that were issued an invitation to apply for a subclass 190 visa nominated by the NSW government in the period between 1/07/2019 -16/09/2019, showing:

• ANZSCO code of occupation
• Occupation
• Invitation Date
• Total Points Score
• English Proficency of Primary Applicant
• Work Experience Points Claimed for Primary Applicant

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

We first met our client, let’s call him Bob in April 2017.

He held a 457 visa, just lost his job and his occupation was announced as being taken off the skilled list effective immediately. The long term and short term lists had just been introduced for the first time and the 457 was being abolished.

His wife had given birth to their first child in Australia less than 12 months before this happened and Bob was desperate to do whatever he could to keep his family safe and in Australia.

He secured a job offer in a new city but we needed to work out the right ANZCO code now that his nominated occupation was no longer eligible for a nomination to be lodged. We were able to find a suitable ANZSCO code that suited his experience and the needs of the business, but it was a skill level 1 occupation whereas he was coming from a skill level 2 occupation. He didn’t have enough experience to meet ANZSCO requirements for the new application nor did he have the right qualifications.

Based on his work experience we were able to get him a graduate diploma issued. This being a higher level qualification than a bachelor degree!! This qualification satisfied the ANZSCO requirements and his nomination was approved for him to work with his new employer.

It wasn’t all good news though. His new occupation was on the short term list so it didn’t have a pathway to PR. We considered the 190 visa however his RPL was suitable only for the Department not for VETASSESS. Luckily, his wife, let’s call her Jane, was a hairdresser so we devised a plan with her as the main applicant for PR.

We spoke to Jane’s employer and he was happy to sponsor Jane but insisted on using a different migration agent that he had used previously. We parted ways wishing Bob and Jane all the best in the journey. A few months later Bob called us again. They had paid the new agent but no real work had happened on their application! We said we’d be happy to take it over if the employer agreed. Then, Bob called again and said that the other migration agent said they weren’t eligible for this visa. This is when we got angry! For us the eligibility was plain. Clearly these agents did not have enough experience with this type of application. They ceased their agreement with the other agents and appointed us to take things over. It was a stressful time because there were MORE law changes starting in just a few days that would make them ineligible. You see, her employer wanted to pay Award wages, but the new laws required TSMIT wages to be paid meaning she would need ~ a $10,000 raise which was not possible.

So, we quickly were able to lodge her 186 direct entry nomination before these laws came in. Normally we would lodge nomination and application together however we didn’t have Jane’s skills assessment yet so we couldn’t. Luckily we knew that we had 6 months from the date of the nomination approval to lodge the visa so we weren’t worried and quickly were able to lodge everything with Vetassess.

The Department were painfully slow with Jane’s nomination, we lodge Feb 2018 and we didn’t hear anything from the Department until it was approved July 2019. While we were waiting for the nomination to be processed we finalised paper Vetassess and technical interview Vetassess and skills assessment was granted.

Jan 2019 was a big month. After a few tries, Jane, a native english speaker got the 6 in each category she needed for us to be able to lodge, just a few days after, Jane and Bob found out that Jane was pregnant so we warned them that PR couldn’t be granted until it was safe for Jane to get an xray for the medical test for the visa.

After meeting in April 2017, we lodged PR in Feb 2019 which was great as it meant the family could get Medicare which saved them a lot of money during Jane’s pregnancy. Fast forward to November 2019, Jane and Bob’s family grew from 3 to 4 and their PR was granted, we gave them the good news in the middle of the night as they were up anyway with their newborn.

Next step, visas for their parents now that they meet the balance of family test 😉

With the right guidance and lots of determination perhaps within 2.5 years you too could achieve Australian PR. For a free assessment of your options email us your resume and date of birth info@condormigaration.com

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

Skilled Regional Visas (Consequential Amendments) Bill 2019

The Skilled Regional Visas Bill aims to amend seven Acts in order to provide the holders of 491 and 494 visas access to welfare payments and government services. These new visas are set to come into effect on 16 November 2019 and are a part of the Australian Government’s aims to manage the immigration provide whilst also providing support to regional areas in Australia.

The legislation proposed to be amended is as follows:

• A New Tax System (Family Assistance) Act 1999
• Disability Services Act 1986
• Fair Entitlements Guarantee Act 2012
• Higher Education Support Act 2003
• National Disability Insurance Scheme Act 2013
• Paid Parental Leave Act 2010
• Social Security Act 1991

The proposed changes will ensure that 491 and 494 provisional skilled regional visa holders will have the same access to welfare and government services that current Permanent Resident visa holders have. The legislation to be amended will generally be addressing sections which currently apply to Australian residents and inserting new subparagraphs which extend the definition of an Australian resident to include those who hold provisional skilled regional visas.  The amendments are subject to the same eligibility requirements and waiting periods as current permanent skilled visa holders. These waiting periods usually are 2 or 4 years – this is to ensure that migrants will be able to support themselves upon first settling in Australia, and to sustain the welfare system. The full range of current exemptions for waiting periods will be available to 491 and 494 visa holders. See this link for some information about social security benefits in Australia. https://guides.dss.gov.au/guide-social-security-law/3/1/2/70.  Note that we are not able to provide any advice about your eligibility for social security payments. 

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

From November 2019 single applicants get 10 points towards their skilled visas such as 190 and 189 whilst applicants with a partner will need skills assessment / English score for their partner to get these 10 points. Given that it is quite easy to register and deregister a relationship / civil partnership many prospective migrants might think this is an easy way to get these 10 points and can look to a partner visa in the future.

Condor Migration believes that the Department will absolutely catch those who deregister their relationships and are nonetheless in a de facto relationship meaning people doing this can be accused of providing false and misleading information to the Department, a very serious accusation which can lead to cancelled visas and being banned from entering Australia for some years.

The Department are already used to seeing this sort of behaviour in people applying for contributory parents.

In the recent AAT decision for Zhou, the mother divorced her husband right before applying for the 143 contributory parent visa application. The visa was refused and the Department alleged that the divorce was entered into for purposes of the visa rather than because the relationship actually broke down. The applicants sought an Appeal from the AAT and the same conclusion was found and the visa was refused.

In this case because they were legally divorced there was no false information when the applicants submitted their relationship status as divorced however simply because you do not have a registered relationship does not mean you aren’t in a defacto relationship.

The moral of the story is always to be honest with the Department and if the strategy to get more points seems too good to be true it probably is. If you declare something to the Department you may need evidence to support your statement. And the best evidence? The truth!

Wondering if you might be eligible for a skilled visa? Contact us for a free assessment at info@condormigration.com or by completing our online webform.

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

23,000 extra visas spots for regional Australia have been announced.

All of Australia except Sydney, Melbourne, Perth, Brisbane and the Gold Coast are considered regional.

The new visas (with pathways to PR) are the

• Subclass 494 (regional employer sponsored visa)
• Subclass 491 (regional state sponsored points
  visa)

Subclass 191 Permanent Residence visa after you have completed the requirements to transition to PR from either the 494 or 491, first applicants will be after (November 2022.

To transition to PR you need to live in regional Australia and have earned a minimum salary for 3 of the 5 years of your visa. Dollar amount not yet announced but likely at least $53,900 p.a. + super.

The points test will also be changing:

• (10
  points) for having a skilled spouse or de facto partner;
• (15
  points) for applicants nominated by a State or Territory government or
  sponsored by a family member residing in regional Australia;
• (10
  points) for having certain STEM qualifications (Science, Technology,
  Engineering and Mathematics)
• (10
  points) for applicants who do not have a spouse or de facto partner;
• (5
  points) for applicants with a spouse or de facto partner who has competent
  English at the time of invitation but are otherwise ineligible.

Important

1. If
   Subclass 494 visa holders cease their employment, they are provided with a
   period of 90 days to find another employer sponsor and have their
   nomination transferred over to the new employer.

1. Any dependents on a 494 or 491 will still be considered
   as member of the family unit for the 191 PR application similar to how the
   482/457 are structured in this way.

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

Did you graduate with a degree in Physiotherapy from the following universities during the specified time period?

• Centro Universitario das Faculades Metropolitanas Unidas – Brazil (2005-2010)
• University of Cape Town – South Africa (2005-2009)
• Escola Superior De Saude Do Alcoitao – Portugal (2013-2014)
• University of Aveiro – Portugal (2007-2011)
• University of Zaragoza (Universidad de Zaragza) – Spain (2009-2013)

If you did, your degree may be recognised as being substantially equivalent to an accredited Australian entry level qualification.

Note: This is not the full list of universities, to see a complete list of approved universities and dates, click here

* Please note that your cohort must commence and complete in the exact same years as those listed.

What does this mean?

Your qualifications allow you to register to work as a physiotherapist in Australia.

With this, you may be able to apply for your PR via the 189 point stream visa.

When you obtain PR, it is granted with a 5 year validity. This means you are presently able to remain in your current location, as long as you move to Australia before the expiry of this 5 year period.

This option is particularly beneficial because visa eligibility decreases with age, so you can secure your PR now, and hold it for the valid period.

Within this period you are also able to temporarily leave Australia as long as you renew your visa, which is a simple task if you have spent enough time here.

To apply for a Skilled Independent Visa, you must first submit an Expression of Interest (EOI). The EOI provides information that allows you to be ranked against other intending applicants. If you are successful, you will then be invited to apply for a Skilled Independent Visa.

How to get invited: The Points System

To receive an invitation, you must attain score of at least 60 points.

Points example:

Depending on your age, you can accrue between 15-30 points:

18-24 years 25 points
25-32 years 30 points
33-39 years 25 points
40-44 years 15 points

English Proficiency

You must have a Superior English level to get 20 points. This can be demonstrated with test results from English Language Test Scores from tests available all around the world.

Skilled Employment

If you have previously worked overseas as a physiotherapist or in a closely related occupation in the last 10 years you may be able to claim some points for this work according to the following scale:

at least 3 years – 5 points
at least 5 years – 10 points
at least 8 years – 15 points

If you are interested in this pathway to Australian Permanent Residency and would like some more information or assistance then feel free to get in touch with us via phone on (07) 3062 0961 or Skype/ email at info@condormigration.com

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

Invitations issued for 189 visas have dropped from 1500 to 300 in the last 12 months. 60 points seems no longer to be cutting it with even a lengthy waiting period for those on 70 points, points are now more important than ever before.

If you are looking to boost your points don’t overlook the Credentialed Community Language options. The National Accreditation Authority for Translators and Interpreters (NAATI) tests candidates in their ability to translate and interpret between English and a their chosen language other than English (LOTE).

The Test is offered in 47 different African, Asian, and European languages (for a full list, see the NAATI website here). During the test, the candidate is played short recordings of speech in either English, or their chosen LOTE. The candidate then has to give an oral translation of the speech, and they are marked on their ability to accurately transfer meaning between the two languages.

The NAATI is running the tests in May, June, August, October, and December this year, in every capital city except Darwin. Normally, applications to sit the test can be submitted online, however applications have been temporarily closed until early May.

For visa applicants who are comfortable switching between English and another language, this test is a relatively simple way to gain valuable points towards their visa.

Don’t like tests? Another option to gain 5 points is to complete one of these courses https://www.naati.com.au/other-information/endorsed-qualification-institutions/current-naati-endorsed-quals/

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

Each year, Australia’s Minister for Immigration sets a limit on the number of skilled migrants allowed per year for each occupation category. This quota is called an ‘occupation ceiling’.

Some of the more popular occupations reach the ceiling before the end of the financial year (1 July – 30 June) and then no further invitations are issued for that group for the rest of the financial year. These more popular occupations are subject to ‘pro rata’ arrangements. Essentially this means the Department of Home Affairs (DOHA) will only release a certain number of invitations each month in order to maintain a steady intake throughout the year of these particularly popular occupations. So, who is particularly affected?

• Accountants 2211
• Auditors, Company Secretaries and Corporate Treasurers 2212
• Electronics Engineers 2334
• Industrial, Mechanical and Production Engineers 2335
• Other Engineering Professionals 2339
• ICT Business and System Analysts 2611
• Software and Applications Programmers 2613
• Computer Network Professionals 2631

Because invitations are limited in each round, these occupations are subject to higher minimum points to satisfy and longer waiting times for an invitation.

The Expression of Interest system is a competitive one and does not always result in a successful invitation from the department. The period of time it takes before an invitation is sent to you is dependent on many factors, those of which include:

• the amount of points you hold and
• the time in which you reached this points score

This process is further complicated if you fall under the pro rata arrangements. It is also important to note that Skillselect first allocates available places to Skilled – Independent (subclass 189) visas and then remaining to Skilled – Regional (subclass 489) (Provisional – Family Sponsored) visas. If all places are taken up by subclass 189 visas then there will be no invitations issued for subclass 489 visas.

The recent results of the 9 August 2017 round of invitations may prove helpful in determining your prospects in receiving an invitation (specifically the minimum points that are required if you are under a pro rata arrangement). These results can be accessed via the website (https://www.border.gov.au/WorkinginAustralia/Pages/9-August-2017-round-results.aspx). All of the pro rata occupations required at least 70 points in this round.

To improve your prospects, you need as many points as possible and to lodge as soon as possible. Not as easy as it sounds, we know. Once you get your head around the points visa system you can think it is pretty straight forward that said we’ve seen some unfortunate circumstances where individuals manage to get an invitation by themselves but once they lodge the visa, they find out from DOHA they did it incorrectly. Moral of the story? Don’t gamble with your future, if you wouldn’t fix your car yourself why do you want to do your visa yourself?