Pannu Visa Advisors is a registered business name with ASIC and provide Australian Visa related services to its clients'. MARN :- 1386589
Operating as usual
Are you on a 457 visa and want to apply for either 186 visa or 187 visa? have you completed 5 years of study in English?
You may not be required to obtain 6 in each component of IELTS. Call our office on 02 9920 1787 for more information.
Q. Can people still apply for subclass 457 visas?
A. Yes. The subclass 457 programme remains open until the new TSS visa comes into effect in March 2018. The occupation list has been restricted (19 April 2017) and integrity settings will be further tightened.
Q. Do the above changes have any impacts on existing subclass 457 visa holders?
A. No – unless they wish to change employers or positions, in which case a new nomination will need to be approved under the new arrangements.
Q. My client has a pending application where the occupation has been removed from the list - what happens now?
A. Once the application has reached the assessment stage, you will be contacted by the Department and given the opportunity to withdraw your application in writing. The letter will specify a period for required response (i.e. 14 days for nomination applications and 28 days for visa applications).
Alternatively, you can request a withdrawal in writing at any time and your client will then be entitled to a refund of the application fee. If you do not withdraw your application, it will be refused.
Q. What is the impact of 19 April 2017 changes on the subsequent dependant applications?
A. Nil – if the primary visa application has been granted, then subsequent dependant applicants can still be granted for the same period as the primary (subject to any 457 MOFU extension restrictions).
Q. Do the changes impact cases that have a review application pending?
A. Yes – the AAT must make a decision based on the current framework – i.e. they are required to take into account recent occupation removals and caveats.
Q. Is the Regional Sponsored Migration Scheme impacted by the 19 April 2017 changes?
A. No – this is because you can nominate any occupation that is ANZSCO skill level 1 to 3 for this programme (i.e. you are not restricted to the MLTSSL and the STSOL at this stage).
Q. Can you still apply for ENS if your occupation is on the STSOL but not the MTSSL?
A. Yes – currently, if your occupation is on the STSOL or an eligible occupation on the MLTSSL you can apply for the ENS Direct Entry stream.
Current holders of subclass 457 visas continue to be eligible to apply for permanent residency through the Temporary Residence Transition (TRT) stream of the ENS visa. Access to the TRT stream is not based on the occupation lists and is therefore unaffected by these changes.
Here is a brief summary of the changes affecting the 457 sponsorship visa:
• The Skilled Occupation List (SOL) and Consolidated Sponsored Occupations List (CSOL) have now been replaced as of the 19th of April 2017 with two new lists referred to as the Short-term Skilled Occupations List (STSOL) and Medium and Long-term Strategic Skills List (MLTSSL)
• New 457 sponsorships, nomination or visa applications lodged after the 19th of April 2017 must ensure that the occupation nominated is on the new Short-term Skilled Occupations List (STSOL) and Medium and Long-term Strategic Skills List (MLTSSL) introduced as of the 19th of April 2017
• Any 457 sponsorship, nomination or visa applications for the occupations that are NOT listed in STOL or MLTSSL that have not yet received a decision by the 18th April will NOT be approved.
• After 18th April 2017 –457 visa applicants for the occupations listed in STSOL can be granted a temporary work visa for 2 years and 457 visa applicants for the occupations listed in MLTSSL can be granted a temporary work visa for 4 years.
• From March 2018, the 457 visa will be abolished and replaced with the TSS (Temporary Skill Shortage) visa. The TSS visa will be comprised of a Short-Term stream of up to two years, and a Medium-Term stream of up to four years.
• Organisations sponsoring skilled individuals will still need to meet Labour Market Testing and training contribution requirements
• From March 2018 – applicants must have 2 years FULL TIME work experience prior to applying for the TSS.
Email from ACS
The ACS wishes to inform you of the below information so you may advise your clients accordingly.
The ACS is aware of organisations who are ‘selling’ ACS RPL forms and has in place measures to ensure that the integrity of the documentation remains intact.
ACS RPL forms are vetted to ensure the information is not plagiarised either from an external source or another applicants RPL form.
In accordance with the Skill Assessment Guidelines for Applicants –
It is your responsibility to indicate when you have drawn on the work of others. Other people’s original ideas and methods should be clearly distinguished, and other people’s words, illustrations and diagrams should be clearly indicated regardless of whether they are copied exactly, paraphrased, or adapted.
Failure to acknowledge your source by clear citation and referencing constitutes plagiarism. All plagiarism will be assessed as not suitable and reported to the Department of Immigration and Border Protection.
If plagiarism is detected an application will be finalised as unsuitable and the application fee will not be refunded.
Any subsequent applications will need to be submitted as a new application and will require the new application fee.
Cap and Cease arrangements for offshore General Skilled Migration visa applications
The Assistant Minister set a cap for offshore General Skilled Migration (GSM) visas which takes effect on 22 September 2015. The following offshore General Skilled Migration (GSM) visas are affected:
Skilled Independent (subclass 175)
Skilled Sponsored (subclass 176)
Skilled Regional Sponsored (subclass 475).
The cap sets the maximum number of places that can be granted in the 2015–16 financial year for these visa subclasses. This total has already been reached. Therefore, applications for these visas that were not finalised before 22 September 2015 are taken not to have been made and the relevant visa application charge will be repaid to affected applicants.
If your application is affected by the Cap and Cease determination, we will send you, or your authorised recipient (if you have one), a letter of notification.
Pannu Visa Advisors's cover photo
Occupation ceiling for ICT Business and Systems Analysts (ANZSCO 2611) has been reached and no further invitations will be issued for this occupation for the Skilled – Independent (subclass 189) and Skilled – Regional provisional (subclass 489) until the next financial year.
As there are still high levels of interest from prospective skilled migrants in the following occupations, pro rata arrangements for these occupational groups will continue:
•Software and Applications Programmers
Read this if your visa was refused due to not having 6 each in IELTS at the time of application.
austlii.edu.au DECISION: The Tribunal remits the application for a Skilled (Residence) (Class VB) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 885 visa:
Chefs and cooks - DIBP Policy Update 21/04/2015
In assessing the skills of an applicant for a chef or cook occupation, officers should first consider if the applicant is required to obtain a 457 visa skills assessment. If no formal skills assessment is required, and formal trade training is the standard method of entry into a particular cuisine, such as French or Swiss cooking, the nomination should be for a person with a relevant formal trade qualification. Under Australian occupation standards (for example ANZSCO), Chefs are considered as Professionals at the Diploma level or higher, whereas Cooks are at the Certificate III level (this must also include at least two years on the job training).
Changes to minimum English language test scores for subclasses 476 and 485 .
From 18 April 2015, minimum English language test scores for the Skilled – Recognised Graduate (subclass 476) and Temporary Graduate (subclass 485) visas will change.
If you lodge an application for either of these visas on or after 18 April, you must provide evidence of having achieved one of the following in a test taken in the three years immediately prior to lodging your visa application:
•an overall score of at least 6, with nothing below 5 in each of the four test components (speaking, reading, listening and writing) in an International English Language Testing System (IELTS) test
•a score of at least 'B' in each of the four test components (speaking, reading, listening and writing) of an Occupational English Test (OET)
•a total score of at least 64, with nothing below 4 for listening, 4 for reading, 14 for writing and 14 for speaking, in a Test of English as a Foreign Language internet-based test (TOEFL iBT)
•an overall score of at least 50 with nothing below 36 in each of the four test components (listening, reading, writing and speaking) in a Pearson Test of English Academic
•an overall score of at least 169 with nothing below 154 in each of the four test components (listening, reading, writing and speaking) in a Cambridge English: Advanced (CAE) test taken on or after 1 January 2015.
This change means the ‘competent English’ requirement no longer applies to subclasses 476 and 485.
Only minimum English test scores will change. Applicants will still meet the English requirement if they hold a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland.
As of 5 pm AEST tomorrow Friday 3 April 2015, the ACT is closing applications for the Skilled Nominated Visa (190) from all overseas residents due to reaching our 2014-15 numbers . The ACT Government will continue to process applications from ACT residents.
Acceptance of overseas applications, will recommence on 1 July 2015.
Yesterday one of our client received a Visa Grant Notice from the Department of Immigration and Border Protection for his partner visa application.
The client previously failed PIC 4020 and was subject to three year exclusion period. We were invited to make submissions why 4020 should be waived.
We made strong representation as per client's instructions and highlighted the factors affecting interests of Australian Citizen and Australia. The Case Officer accepted our submissions and granted our client a visa.
In December 2014, the Federal Circuit Court in Minister for Immigration and Border Protection v Lee and Ors  FCCA 2881 clarified that 457 visa applicants can only access the MRT review process where there is either an approved and current nomination or a review has been lodged of a refused nomination.
This means that, where a nomination has been refused and the employer has not reviewed it, the 457 visa applicant cannot apply for a review. If holding a bridging visa, this means that the 457 applicant must leave Australia within 28 days.
Gone are the days of using the MRT to ‘buy time’ where there is no prospect of a positive outcome on a nomination or where an employer is unwilling to apply for the review.
Ensure that your nomination has strong prospects of success with the Department of Immigration and Border Protection obtaining advice from a registered migration agent before proceeding to lodgement
Provisional and permanent partner visas - increased to $4630.00
Prospective marriage visa - increased to $4630.00
Temporary and permanent partner visas - increased $6865.00
if you are subject to schedule 3 of Migration Regulation- Don't gamble $6865.00 . Before you lodge your application, please seek qualified advice.
How can I prove I have competent English?.
To prove that you have competent English you must provide evidence of one of the following:
•You hold a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland and you are a citizen of that country.
•You have achieved a score of at least 6 in each of the four test components (speaking, reading, listening and writing) in an International English Language Testing System (IELTS) test that has been undertaken in the three years immediately prior to lodging the visa application.
•You have achieved a score of at least 'B' in each of the four test components of an Occupational English Test (OET) that has been undertaken in the three years immediately prior to lodging the visa application.
•You have achieved the following minimum test scores in each of the four test components: 12 for listening, 13 for reading, 21 for writing and 18 for speaking, in a Test of English as a Foreign Language internet-based test (TOEFL iBT) test that has been undertaken in the three years immediately prior to lodging the visa application.
•You have achieved a test score of at least 50 in each of the four test components (speaking, reading, listening and writing) in a Pearson Test of English (PTE) Academic that has been undertaken in the three years immediately prior to lodging the visa application.
•You have achieved a test score of at least 169 in each of the four test components (speaking, reading, listening and writing) in a Cambridge English: Advanced (CAE) test that has been undertaken on or after 1 January 2015 and prior to lodging the visa application.
[01/23/15] Scores from the Cambridge English: Advanced (CAE) test will also be accepted from a test taken on or after 1 January 2015 (to coincide with the launch of Cambridge English Language Assessment's new reporting system).
Applicants for the following visa subclasses can provide scores from a TOEFL iBT or PTE Academic test from 23 November 2014, or from a Cambridge English: Advanced (CAE) test taken on or after 1 January 2015:
Distinguished Talent (Australian support) (subclass 124)
Business Talent (subclass 132)
Former Resident (subclass 151)
Business Owner (provisional) (subclass 160)*
Senior Executive (provisional) (subclass 161)*
Investor (provisional) (subclass 162)*
State/Territory Sponsored Business Owner (provisional) (subclass 163)*
State/Territory Sponsored Senior Executive (provisional) (subclass 164)*
State/Territory Sponsored Investor (provisional) (subclass 165)*
Employer Nomination Scheme (subclass 186)
Regional Sponsored Migration Scheme (subclass 187)
Business Innovation & Investment (provisional) (subclass 188)
Skilled – Independent (subclass 189)
Skilled – Nominated (subclass 190)
Work and Holiday (temporary) (subclass 462)
Skilled – Recognised Graduate (subclass 476)
Temporary Graduate (subclass 485)
Skilled – Regional (provisional) (subclass 489)
Distinguished Talent (subclass 858)
Skilled – Regional (subclass 887)
Business Innovation & Investment (permanent) (subclass 888)
Business Owner (Residence) (subclass 890)
Investor (Residence) (subclass 891)
State/Territory Sponsored Business owner (Residence) (subclass 892)
State/Territory Sponsored Investor (Residence) (subclass 893)
*Closed to new applications, but family members can apply
Govt to cash in on visas for foreign love
PARTNER VISA CHARGES
* Provisional and permanent partner visas - currently $3085 increased to $4627.50
* Prospective marriage visa - currently $3085 increased to $4627.50
* Temporary and permanent partner visas - currently $4575 increased $6865.50
IELTS results must be from a single test
Applicants using an IELTS result to demonstrate they have proficient English must have scored a minimum of 7.0 for each of the four components of an IELTS test. Applicants are to demonstrate overall proficiency in English and, therefore, must have achieved these results in a single test. For example, an applicant cannot seek to use the speaking and listening results from one test, the writing results from another and the reading results from yet another test to demonstrate they have proficient English.
OET results can use one or more tests
Applicants seeking to demonstrate English ability using OET results can use one or more tests to demonstrate that they have achieved a score at least "B" in each of the four components of an OET. However, each test in which the applicant achieved the specified score must have been undertaken in the 3 years immediately before the day the invitation was issued to the SkillSelect applicant.
Bhanot v MIBP  FCA 848 Federal Court of Australia, Perry J, NSD 488 of 2014, 14 August 2014
This was an appeal from a judgment of the Federal Circuit Court (FCCA) dismissing an application for review of a decision of the Migration Review Tribunal (the tribunal) to refuse to grant the appellant a Skilled (Residence) Class VB (Subclass 885) visa.
The appellant nominated ‘Accountant (General)’ as his skilled occupation and claimed that his work as a manager of a supermarket was work in a ‘closely related skilled occupation’ for which he was entitled to points, under Part 6B.5 of Schedule 6B to the Migration Regulations 1994 (the Regulations). He provided evidence that he did some of the tasks of an accountant. The tribunal viewed the appellant’s primary role as being that of a Retail Customer Service Manager and reasoned that ‘any tasks that he performed that were related to accounting were incidental to that role’. The tribunal was not satisfied that in his role, the appellant exercised ‘substantially the same skills and requires the same level qualifications as would be required in his nominated occupation’. As such, the tribunal was not satisfied that the appellant had been employed in Australia in his nominated skilled occupation or a ‘closely related skilled occupation’ for the relevant period before the application was made and therefore he did not obtain points under item 6B51 of Schedule 6B to achieve the points score required to satisfy cl.885.221 of Schedule 2 to the Regulations.
Before the Court at first instance and again on appeal, the appellant contended that the tribunal asked itself the wrong question.
Held: Appeal allowed; decision of tribunal quashed; tribunal directed to determine application according to law.
The tribunal failed to ask itself the question which it was required to address by item 6B51 of Schedule 6B. By characterising the accounting tasks as ‘incidental’ to the appellant’s primary role, the tribunal appeared to then have taken the performance of those tasks out of the equation in determining how the question posed by item 6B51 should be answered. The question posed by the item necessitates the making of an evaluative judgment having regard to all of the facts in the individual case relating to the person’s occupation as a whole.
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