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This past week, a new law has been passed, Proclamation/Commencement of Act  [F2013L01915]. This proclamation provides for the commencement of Schedule 2 of the Migration Amendment (Temporary Sponsored Visas) Act 2013 and it took effect yesterday, November 23.

 

The law also says that starting on the said date; labour market testing shall now be a pre-requisite to nominating an overseas worker for a subclass 457 visa.

The full details of this new act was uploaded in the Department’s website last November 18. There will be some exemptions on a couple of levels with engineers and nurses and their lists have been reviewed.

Below are the exemptions listed in the government’s website:

 

• The Minister is satisfied that a major disaster has occurred in Australia and the exemption is necessary or desirable in order to assist disaster relief or recovery; or

• The Minister has specified, by way of legislative instrument, the nominated occupation based on skill and occupational level – that is, the nominated occupation is within the ‘Skill Level 1’ or ‘Skill Level 2’ classification of Australian and New Zealand Standard Classification of Occupations (ANZSCO) and it is specified in a legislative instrument.

 

Last week, the government announced they will try to adopt "sensible approach to the implementation of new rules requiring employers to test the local labour market before seeking to employ an overseas worker on a subclass 457 visa".

 

In the announcement, Senator and Assistant Minister for Immigration and Border Protection Michaelia Cash stated that the labour market testing was a requirement of the Migration Amendment (Temporary Sponsored Visas) Act 2013. She also said that it was first introduced by the preceding government and was passed by the previous Parliament last June with no proper consultation. 

 

Below are excerpts from her statement:

“The Abbott Government is committed to ensuring that the subclass 457 program acts as a supplement to, and not a substitute for Australian workers….

…the government fully supports the principle that Australian workers have priority, but to bind employers up in needless red tape will only stymie Australian business and cost Australian jobs over the long run. That is why in implementing Labor's labour market testing policy the government has adopted a sensible approach by exempting highly skilled occupations from the requirement.”

The Australian Department of Immigration and Border Patrol can put a variety of conditions on your visa, which limits what you can do in Australia. In this particular case, having the 8503 Waiver Condition (a.k.a “No further stay”) meant that while you are in Australia, you will not be allowed to apply for an extension; with the exception of a specific temporary visa and a protection visa. This condition, however, will not prohibit you from applying for any other visas once you are out of Australia.

 

The test that must be satisfied for the condition 8503 to be removed is set out in Australian migration law, it relates to satisfying the government that your circumstances have changed so significantly that 8503 should be removed;so that it will allow you to lodge a further visa to remain in Australia. If the 8503 application is poorly prepared or does not meet the prescribed test, the application is bound to fail. Applicant’s for the 8503 waiver should be aware that no bridging visa attaches to a 8503 waiver application. Often times, your visa will expire before a decision on the waiver application is received--meaning you will go unlawful if you do not depart Australia or develop another strategy to allow you to remain in Australia lawfully.  

 

How To Request an 8503 Waiver Condition

 

An application for waivers should be done in writing and there is no prescribed form that you must use. Application should contain at the very minimum the following

 

  • Photocopies of:
  1. Current / Most recent Australian visa
  2. A page on your passport showing the stamp of your entry in Australia
  3. Personal info page in your passport
  • Evidence to support the reasons that you have stated  in your request for requesting the waiver.

 

The 8503 condition was made because the Australian government wants to stop Australian visa holders on applying for any other type of visas in the country.

 

With that, applications must be supported with detailed legal submissions addressing the law and circumstances of the case.

 

If you have any inquiries regarding condition waivers on your visa, Turner Coulson Lawyers is more than willing to help. Contact us by CLICKING HERE or go to our VISA ASSESSMENT page.

 

Visa interviews are a crucial step in any visa application to the Australian government. What you say, how you handle yourself, and the information you provide can impact on whether the visa is granted or refused. It can delay your application as much as it can help.
 
This interview is done by a senior migration officer or visa officer. Both are trained professionals that will ask you an array of essential questions to verify if all the claims and information you gave are true. The officer will also ask various off-topic questions to learn more about you and your motivations for applying for a student visa to go to Australia.
 
Now in preparing for this interview, these are the questions you might want to take notes for:
 
1.       Why did you choose this university and how did you find it?
TIP: Be familiar as much as possible with the information of whatever University you are planning to attend. Explain thoroughly why you have picked that particular college or university.
 
2.       Why did you decide to go to Australia for your studies? Was this course not offered in your country
What case officer is looking for, among other things, is a sound reason why you have chosen to study in Australia. This is to ensure that you are not looking to travel to Australia for purposes other than study.
 
3.       Why are you taking this course?
TIP: The course that you aim to undertake should be relevant to your previous study or chosen professional career. They should also be at a level that is at least equal or higher to any qualifications that you already have. For example , it can be difficult to show you are a genuine student if you have a Master’s in Accounting but you are travelling to Australia to study a Diploma of graphic design. Make sure that the agent advising you is giving you a study plan that is logical in terms of your educational and career progression and not just planned out so that they get the largest commission available from the college they are representing.
 
4.       What will you do during the off period/semester?
TIP: You are meant to have sufficient funds to cover your studies and life costs in Australia without need to breach your working limitations. While you can work full time in your study breaks , you should not be in a situation to be unable to support yourself without working fulltime as it may be assumed that you will breach your work conditions and this could be a ground of refusal.
 
5.       What do you intend to do after completion of your studies?
This is asked in order to know how serious you are towards your career and if you are also genuine only in your intention to visit Australia temporarily to study. Many students travel to Australia to gain education and life skills to then return to their country of origin to improve their chances of gaining employment and building a successful career. Studying in Australia does not always lead to permanent residence and the case officer is looking to ensure you understand that you must depart in accordance with visa expiry dates if no other visa options are available once your studies are complete.
 
6.       Where will you stay here in Australia?
You should be able to state the complete address of where you will stay in Australia. This ensures the visa officer and the immigration how well-planned you are.
 
7.       Do you have any relative or friend in Australia?
TIP: All questions should be answered honestly and completely as there are consequences if you provide false or misleading information to the Australian government
 
8.       Who is your sponsor?
a.       How are you related to him/her/them?
b.      What proof do you have that your sponsor can support your studies?
TIP: Many sponsor arrangements may be offered to you by your agent. But generally, you can expect the visa officer to ask detailed questions about how you know them, how they are going to support you and where the money came from. Often in Australia, it may be difficult then to get a second student visa if the arranged sponsor is no longer in place or adequate funds are not put aside for the correct amount to time to allow successful application for another visa--meaning, your educational goals may not be achieved. If your sponsor is being arranged for you, you should make sure that arrangements are sufficiently in place to cover the full period of your intended study.
 
 
In conclusion, you should clearly establish that:
a) you have done your research
b) you are clear on your study and career goals and
c) confident as to why you have picked Australia to travel to. And if you are prepared, and genuine in your intention, then you should feel confident in dealing with the interview process.
 

The ACS has announced that it has implemented changes to the current suitability criteria for applicants for skills assessments who  include an Australian study component in  their ACS skills assessment application. The ACS will implement the changes effective from January 15, 2014 to “provide certainty to those studying courses that are scheduled for completion in the final months of 2013”.  The changes are being implemented so applicants are being assessed in line with the Migration Amendment (Skills Assessment) Regulation 2013 changes announced by the Department of Immigration and Border Protection to take effect on Oct 28, 2013.

 

The following changes were announced 

  • The ACS Temporary Graduate – 485 skills assessment will clearly state that it is specifically for the purpose of applying for a subclass 485 visa application.  Applicants with an Australian study component that are applying for a subclass 485 visa will be assessed on the Australian qualification only, based on the completion of the relevant Australian Bachelor degree or higher.

  • Applicants with an Australian study component that wish to apply for permanent residency will require either 1 year of relevant work experience or completion of an ACS Professional Year Program to receive a suitable skills assessment which can be used for general migration purposes.

  • The ACS Post Australian Study Skills Assessment is intended to support graduates in applying for permanent residency under the General Skilled Migration or Employer Nomination Scheme after completing an Australian study component.

  • The Australian study component is taken into consideration because of the value of studying in Australia and the exposure to Australian culture and language, which in turn places applicants in a better position to be employed in their nominated occupation.

  •  The work experience or professional year program is assessed for suitability of the full skills assessment and the applicant is considered skilled from the completion date of the relevant Australian degree.  The Post Australian Study Skills Assessment can be used for migration purposes in general.

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Written on 24/11/2013, 06:35
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