Archive for the ‘Migration’ Category.

VISA TYPE 189 – SKILLED WORKER SEEKING PERMANENT RESIDENCE

The Skilled-Independent visa (subclass 189) is a permanent residence visa for points-tested skilled workers who want to work and live in Australia.

To be able to apply for this visa you need to submit an expression of interest and then be invited through SkillSelect to apply.

You can be in or outside Australia when you apply and when the visa is granted.

More information

More information is available from the following booklets:

·       Points Based Skilled Migration (subclasses 189, 190 and 489) visa

·       SkillSelect.

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This is a permanent residence visa. It lets you and any family members who have also been granted this visa to:

·       stay in Australia indefinitely

·       work and study in Australia

·       enrol in Medicare, Australia’s scheme for health-related care and expenses

·       apply for Australian citizenship (if you are eligible)

·       sponsor eligible relatives for permanent residence

·       travel to and from Australia for five years from the date the visa is granted (after that time, you will need a resident return visa or another visa to return to Australia).

To be able to apply for this visa, you must first submit an expression of interest and then be invited through SkillSelect. If you receive an invitation, you will have 60 days to apply online for the visa. During that time, you cannot change the information in your expression of interest.

To submit a complete expression of interest, you must have competent English language skills and a positive skills assessment for your nominated occupation (or Job Ready program, if applicable).

Your visa application is likely to require extensive supporting documents, as listed in the document checklist. Start compiling your documents early in the process, even before you submit your expression of interest.

Your passport

You need a valid passport or other travel document for this visa. If you plan to get a new passport, you should do so before applying for your visa. If you get a new passport after you have lodged your application, give the details of your new passport to one of our offices.

The visa application charges are listed in Fees and charges.

Second instalment

You must pay a second instalment for each family member included in your application who:

·       has turned 18 at the time of application

·       does not have functional English.

The charge must be paid before a visa can be granted.

Proof of functional English explains how you can demonstrate your language ability.

Other costs

You might have to pay other costs, such as the costs of health assessments, police certificates, or any other certificates or tests. You are responsible for making the necessary arrangements.

NEW ZEALAND MIGRATION TO AUSTRALIA – FACT SHEET

Background

The Australian and New Zealand Governments have had arrangements in place since the 1920s to facilitate a free flow of people between the two countries.

The 1973 Trans-Tasman Travel Arrangement has allowed Australian and New Zealand citizens to enter each other’s country to visit, live and work, without the need to apply for authority to enter the other country before travelling.

The movement of New Zealand citizens to and from Australia depends on a number of factors, for example the economic conditions of both countries. The number of New Zealand citizens in Australia increases in good economic times in Australia relative to New Zealand, and decreases when the economic conditions slow.

At 30 June 2013, an estimated 640 770 New Zealand citizens were present in Australia.

Special Category Visa

Since 1 September 1994, all non-citizens in Australia must hold a visa.

The Special Category visa (SCV) is a temporary visa introduced for New Zealand citizens. A New Zealand citizen wanting to enter Australia needs to present a valid New Zealand passport and incoming passenger card for immigration clearance. By doing so, New Zealand citizens are considered to have applied for a visa and, subject to health or character considerations, will be granted an SCV. This visa is recorded electronically and the person’s passport may be stamped, showing the date of arrival in Australia.

New Zealand citizens with tuberculosis or any criminal convictions (that resulted in imprisonment or a suspended sentence) should approach the nearest Australian immigration office to discuss their entry to Australia before travelling to Australia.

Those who use the SmartGate automated border processing system at airports will be advised they have been granted a visa and can request to have their passport stamped.
See: Fact Sheet 71 – SmartGate Automated Border Processing

People who become New Zealand citizens after their arrival in Australia, or enter on a passport from another country, can apply for an SCV at a departmental office.

In general, New Zealand citizens who were in Australia on 1 September 1994 automatically became SCV holders on that date.

Changes introduced on 26 February 2001

A new bilateral social security arrangement between Australia and New Zealand was announced on 26 February 2001. This agreement sets out arrangements for payment of age pension, disability support pension and carer payment to New Zealand citizens in Australia.

It also recognised the right of each country to determine access to social security benefits not covered by the agreement, and to set related residence and citizenship rules according to the respective country’s national legislative and policy frameworks. In line with that principle Australia introduced a number of supplementary changes.

As a result, the Social Security Act 1991 requires New Zealand citizens who arrived in Australia after 26 February 2001 to apply for and be granted an Australian permanent visa to access certain social security payments (including income support payments) that are not covered by the bilateral agreement.

To support this requirement, changes were also made to citizenship and migration legislation to require New Zealand citizens to become permanent visa holders if they want to obtain Australian citizenship or sponsor their family members for a permanent visa.

Under transitional arrangements, these changes did not affect New Zealand citizens who:

  • were in Australia on 26 February 2001 as SCV holders
  • were outside Australia on 26 February 2001, but were in Australia as an SCV holder for a total of 12 months in the two years prior to that date, and subsequently returned to Australia
  • have a certificate issued under the Social Security Act 1991 stating that they were residing in Australia on a particular date. These certificates are no longer issued.

For more information in relation to the social security entitlements of New Zealand citizens in Australia contact the Department of Human Services.
See: Department of Human Services

Do New Zealand citizens need to apply for a permanent visa?

The SCV is a temporary visa, however, it does provide New Zealand citizens with more flexible travel arrangements than those that generally exist for Australian permanent residents. It allows a New Zealand citizen to remain indefinitely and live, work or study in Australia lawfully as long as that person remains a New Zealand citizen.

The SCV is not a permanent visa and visa holders do not have the same rights and benefits as Australian citizens or Australian permanent residents.

Both Australian permanent residents and SCV holders are generally not able to:

Whether New Zealand citizens apply for an Australian permanent visa is ultimately a decision for each person to make based on their individual circumstances.

All Australian permanent visas have legislated eligibility requirements that must be met. Not all New Zealand citizens will qualify, or continue to qualify, for an Australian permanent visa. This should be taken into account when making the decision whether to settle permanently in Australia.

Australian citizenship

Applying for citizenship

Those New Zealand citizens covered by the transitional arrangements are able to apply for Australian citizenship without first becoming a permanent visa holder. Those arriving on or after 27 February 2001 must first apply for and be granted a permanent visa.

All applicants for Australian citizenship aged 18 years and over must satisfy character requirements.

New Zealand citizens who apply for Australian citizenship and who do not hold a permanent visa must provide overseas penal clearance certificates to support their application. This is because these clients generally have not provided those certificates prior to becoming resident in Australia.

This applies to New Zealand citizen applicants aged 18 years or over regardless of how long they have resided in Australia.

New Zealand citizens who arrived in Australia before the age of 18 years and have not left Australia since are not required to provide this information.

Further information is available on the citizenship website.
See: Australian Citizenship

Citizenship by birth—before 1 September 1994

People born in Australia on or after 26 January 1949 and before 20 August 1986 became an Australian citizen by birth, with the exception of children born to a parent who was living in Australia temporarily as a diplomat or as the holder of a special purpose visa, for example guests of government, air crew or armed forces and their families.

Following amendments to the Australian Citizenship Act 1948, a person born in Australia on or after 20 August 1986 and before 1 September 1994 is only an Australian citizen by birth if at least one of their parents was an Australian citizen or permanent resident at the time of the their birth.

This does not include the children of New Zealand citizens who were in Australia as ‘exempt non-citizens’. Children born in Australia to these New Zealand citizens between 20 August 1986 and 31 August 1994 were also ‘exempt non-citizens’. They were not required to hold an entry permit and were regarded as a permanent resident for the period of time they spent in Australia prior to 1 September 1994.

Citizenship by birth—from 1 September 1994 to 26 February 2001

A child born in Australia between 1 September 1994 and 26 February 2001, to a New Zealand citizen parent who held an SCV or a permanent visa is an Australian citizen by birth.

Citizenship by birth—from 27 February 2001

A child born in Australia on or after 27 February 2001 to a New Zealand citizen parent is not an Australian citizen by birth unless the New Zealand citizen parent:

  • held an Australian permanent visa
  • was a dual Australian-New Zealand citizen
  • was covered by the transitional arrangements for the 26 February 2001 changes.

Automatic acquisition of citizenship on 10th birthday

A child born in Australia on or after 20 August 1986 who did not acquire Australian citizenship at birth automatically acquires it on their 10th birthday if they have been residing in Australia since their birth. This provision operates regardless of the parents’ immigration or citizenship status.

Statistical information

Permanent and long-term arrivals and departures

New Zealand citizens are not counted as part of Australia’s annual migration program. They are included in settler arrival and net overseas migration figures (if they are in Australia for 12 months or more over a 16 month period). New Zealand has high immigration in proportion to its population. It also has a high level of emigration, much of which is to Australia.

In the 2012-13 financial year 52 012 New Zealand citizens came to Australia as permanent and long-term arrivals. This represented a decrease of 13.7 per cent on the previous year. Of these 41 230 arrived as permanent settlers and 10 782 were long-term arrivals. This represented a 6.9 per cent decrease on the previous year for permanent arrivals and a 32.6 per cent decrease on the previous year for long-term arrivals.

Permanent departures of New Zealand citizens increased in 2012-13 to 10 875 (up 19.5 per cent from 2011-12) but long-term departures decreased to 5829 (down 15.4 per cent).

This represents a net permanent and long-term increase of New Zealand citizens in Australia during 2012-13 of 35 308, a decrease of 20.3 per cent on the previous year. Of these 20.2 per cent stated they intended to live in New South Wales, 32.6 per cent in Queensland, 23.0 per cent in Victoria and 19.8 per cent in Western Australia. Of those who indicated they had an occupation, 59.2 per cent were skilled, 20.0 per cent were semi-skilled and around 20.7 per cent were unskilled or were believed to be employed but did not provide an adequate description to properly classify their occupation.

New Zealanders in the labour market

New Zealand citizens have a high labour-force participation rate (78.2 per cent at July 2012) compared with those born in Australia (68.0 per cent). At July 2012, people born in New Zealand had an unemployment rate of 4.8 per cent, compared to 4.9 per cent for people born in Australia.

Short-term arrivals

During 2012-13, short-term arrivals of New Zealand citizens totalled 1 051 529, an increase of 0.3 per cent over the previous year.

This is general information only. For case specific advice, please contact the department.

Fact Sheet 17. Produced by the National Communications Branch, Department of Immigration and Border Protection, Canberra.
Last reviewed December 2013.

 

Economic migration from New Zealand to Australia has increased by at least 40 per cent since the global financial meltdown, with jobless Kiwis flocking to Australia to find work.

New Zealand is estimated to have lost 12 per cent of its population to its northern neighbour, as those with a clean police record are allowed to enter Australia and stay indefinitely. However, the special 444 visa locks Kiwis out of any welfare benefits, forcing them to survive on the meagre family tax benefit payments until they can find employment.

According to Salome Swan from Anglicare Southern Queensland, up to 24 jobless Kiwis including families with children are sharing a single house in order to get by on the payments. Older children are taking jobs in burger restaurants to help support their families.

Welfare cuts in Australia are taking their toll in other ways, with migrants from New Zealand who arrived after 2001 having to wait 10 years before they can apply for unemployment benefit. Even after they’ve successfully applied, the ‘dole’ only runs for six months, and their children are forbidden to apply for HECS university support loans.

Ms Swan states it’s totally unfair that Kiwi migrants who work and pay tax cannot draw benefits when they lose a job or become sick. Work, she adds, is difficult to find, and those who do manage to get a job are the fortunate ones.

New-Zealand-born high school students are unable to afford university fees, she continues, and most aren’t happy to return to New Zealand as their lives are with their parents in Australia. Many, she says, are now either homeless or hanging around doing nothing.

Demographers disagree that a fairer solution should be found for Kiwi migrants, saying that the answer is tighter immigration controls and citing unemployment amongst young Australians as a justification. Immigration data reveals some 650,000 Kiwis are living in Oz, with 85,000 already migrants to New Zealand before crossing the Tasman Sea.
- See more at: http://www.emigrate.co.uk/news/20131230-8401_kiwi-immigration-to-australia-soars#sthash.7zr2fHkS.dpuf

Economic migration from New Zealand to Australia has increased by at least 40 per cent since the global financial meltdown, with jobless Kiwis flocking to Australia to find work.

New Zealand is estimated to have lost 12 per cent of its population to its northern neighbour, as those with a clean police record are allowed to enter Australia and stay indefinitely. However, the special 444 visa locks Kiwis out of any welfare benefits, forcing them to survive on the meagre family tax benefit payments until they can find employment.

According to Salome Swan from Anglicare Southern Queensland, up to 24 jobless Kiwis including families with children are sharing a single house in order to get by on the payments. Older children are taking jobs in burger restaurants to help support their families.

Welfare cuts in Australia are taking their toll in other ways, with migrants from New Zealand who arrived after 2001 having to wait 10 years before they can apply for unemployment benefit. Even after they’ve successfully applied, the ‘dole’ only runs for six months, and their children are forbidden to apply for HECS university support loans.

Ms Swan states it’s totally unfair that Kiwi migrants who work and pay tax cannot draw benefits when they lose a job or become sick. Work, she adds, is difficult to find, and those who do manage to get a job are the fortunate ones.

New-Zealand-born high school students are unable to afford university fees, she continues, and most aren’t happy to return to New Zealand as their lives are with their parents in Australia. Many, she says, are now either homeless or hanging around doing nothing.

Demographers disagree that a fairer solution should be found for Kiwi migrants, saying that the answer is tighter immigration controls and citing unemployment amongst young Australians as a justification. Immigration data reveals some 650,000 Kiwis are living in Oz, with 85,000 already migrants to New Zealand before crossing the Tasman Sea.
- See more at: http://www.emigrate.co.uk/news/20131230-8401_kiwi-immigration-to-australia-soars#sthash.7zr2fHkS.dpuf

Update re 457 Temporary Work Visas in Australia

This information is provided on the Department of Immigration website.

 

The number of subclass 457 primary visa applications lodged from July to end December 2011 was 36.7 per cent higher than the same period last program year.

The number of subclass 457 primary visas granted from July to end December 2011 was 50.7 per cent higher than the same period last year.

The number of primary visa holders in Australia at 31 December 2011 was 68 320 and reflected an increase of 14.5 per cent in comparison with the same in the previous year.

Offshore primary visa lodgements from July to end December 2011 were 43.4 per cent higher than the same period last program year, reflecting a continued strong employer demand for temporary skilled workers.

457 Visa application trends

The number of subclass 457 primary visa applications lodged from July to end December 2011 was 36.7 per cent higher than the same period last program year. Although application lodgements tend to ease in December due to the holiday season, the number of primary applications lodged in December 2011 was still 20.9 per cent higher than that in December 2010.

From July to end December 2011, primary applications offshore were 43.4 per cent higher than the same period last program year. Primary applications offshore for December 2011 were 19.2 per cent higher than in December 2010. Offshore primary applicants reflect new additions to the Australian labour market.

From July to end December 2011, primary applications onshore were 28.3 per cent higher than the same period last program year. Primary applications onshore for December 2011 were 23.1 per cent higher than in December 2010.

The number of ANZSCO Major Group 1 to 2 (Managers and Professionals) primary applications lodged from July to end December 2011 was 23.1 per cent higher than the same period last program year. During the same period, the number of ANZSCO Major Group 3 (Technicians and Trades workers) primary applications increased by 81.3 per cent.

457 Visa grant trends

The number of subclass 457 primary visas granted from July to end December 2011 was 50.7 per cent higher than the same period last program year. The number of primary visas granted in December 2011 was 44.5 per cent higher than in December 2010.

From July to end December 2011, offshore 457 primary visa grants were 55.7 per cent higher than the same period last program year. Compared with December 2010, the number of 457 offshore primary visa grants was 48.7 per cent higher in December 2011.

From July to end December 2011, 457 onshore primary visa grants were 43.8 per cent higher than the same period last program year. The number of onshore 457 primary visa grants in December 2011 was 39.4 per cent higher than in December 2010.

In the year to end December 2011, 71.6 per cent of 457 primary visa grants were to Managers and Professionals and 22.0 per cent were to Technicians and Trades Workers.

Visa Statistics at end of 2011

The Department of Immigration and Citizenship (DIAC) has reported an annual growth of 8.3 percent in Australia’s working holiday visa program on December 19, 2011.

According to the figures for the 2010/2011 program year, a total of 162,980 Australian working holiday visa applications have been approved by DIAC.

Compared with the 2009/10 year, the number of Australian visa grants for working holiday makers rose by 10,000 in the 2010/2011 program year.

Contributing to the rise were Irish nationals, who were granted 87.4 percent more working holiday visas than the previous year, followed by Taiwanese with an increase of 41 percent.

In the past migration program year, the UK represented 21 percent of the total number of working holiday visas granted, followed by South Korea with 16.5 percent and Ireland and Germany behind them.

Furthermore, according to Statistics New Zealand, also the number of New Zealanders arriving in Australia this year has incredibly grown.

The latest visitor figures show that the effect of the Rugby World Cup is over and net migration to Australia has reached a record high. The number of Kiwis migrating to Australia has been estimated at about 35,800 in the year to November, surpassing the previous annual record of 35,400 in December 2008.

The statistics also revealed nearly 1000 New Zealanders a week made a one-way trip across the ditch this year, with 50,115 New Zealander choosing to live in Australia on a permanent or long-term basis in the year to November.

New Zealanders are lured to Australia by better job opportunities, where Australian recruiters offer large pay cheques in industries such as mining and farming to attract migrants.

Even Greeks are flocking to Australia to find a better life for themselves as economic turmoil continues in their home country.

Community leaders in suburban Melbourne have received thousands of letters, emails and telephone calls from Greek nationals, especially highly skilled and educated workers, desperate to migrate to Australia.

They’re all university graduates, engineers, architects, mechanics, teachers, bankers who will do anything for work,” says Bill Papastergiades, the community’s lawyer president.

“It’s desperate stuff. We’re all aghast. Often they’ll just turn up with a bag. Their stories are heartbreaking and on every plane there are more,” he added. Greek nationals have been arranged in Australian houses, five or six of them at a time.

During 2011, about 2,500 Greek citizens have moved to Australia while officials in Athens say another 40,000 have also “expressed interest” in settling in Australia.

Greece is experiencing an 18-percent unemployment rate and is facing a fifth year of recession while the Australian economy is predicted to grow 4 percent in 2012.

Australia is a popular destination for Greeks because of its substantial Hellenic population. Melbourne is considered to be the largest Greek city in the world outside of Greece. In the first six months this year, 134 permanent Australian visas were granted to Greeks, all but 15 of which were family visas. In the same year, 102 temporary student visas were granted to Greek nationals.

ON SHORE VISA APPLICATIONS ARE IN FAVOR

Right now we are much in favor of onshore applications. Particularly aimed at those who are onshore holding 457 visas. The bulk of our work is now coming from 457 visa holders seeking to get permanent residency via the ENS (Employer Nominated Sponsorship) Scheme.

If you are currently on a 457 temporary visa submit your inquiry to us via our website and we will let you know if you are eligible for permanent residency via the Employer Nominated Sponsorship Scheme.

AUSTRALIAN VISA EXPERTS