Hiya Am writing this whilst half on holidays so excuse the brevity. About to get hit by a Queensland “super storm” as well. What ever that actually means ... Anyhow welcome to our latest edition. This is a free publication on all the visa issues we are aware of and comes out on the third Monday of each month. If you want to subscribe or have suggestions, drop us a line to newsletter@iscah.com (note: not the email address this newsletter was delivered from). On we go ...

MONDAY 19TH NOVEMBER 2012 EDITION 173

Contents 1) Simpler Work visas 2) Significant Investor Visa 3) DIAC facebook chat for students 4) Processing of Skilled visas 5) Aircraft Maintenance Engineers 6) New DIAC Health criteria 7) EOIs at 60 8) DIACcharges 9) Processing of partner visas 10) DIAC Processing Times

Iscah Migration Newsletter (Copyright 2012)

1) Simpler Temporary work visas Blog from DIAC … Choosing a temporary work visa to suit your circumstances will become easier from November 24 as the department implements changes that are part of the Australian Government’s visa simplification and deregulation project. The project will reduce the number of visas by almost 50 per cent, which means less hassle for visa applicants when deciding which visa to choose while enjoying the same benefits that current temporary work visas provide.

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Visas that will no longer be available from 24 November include: Exchange visa (subclass 411) Sport visa (subclass 421) Religious Worker visa (subclass 428) Occupational Trainee visa (subclass 442) Visiting Academic visa (subclass 419) Professional Development visa (subclass 470) Government Agreement visa (subclass 406) Foreign Government Agency visa (subclass 415) Domestic Worker – Diplomatic or Consular visa (subclass 426) Business (Long Stay) visa (subclass 457) Entertainment visa (subclass 420) Domestic Worker – Executive visa (subclass 427) Media and Film Staff visa (subclass 423) Medical Practitioner visa (subclass 422) People who would have previously applied for one of the above visas can choose from the new simplified temporary work visa group: Temporary Work (Long Stay Activity) visa (subclass 401) Training and Research visa (subclass 402) Temporary Work (International Relations) visa (subclass 403) Temporary Work (Skilled) visa (subclass 457) Temporary Work (Entertainment) visa (subclass 420) Useful FAQs are also available for each of these visa subclasses. If an applicant is genuinely eligible for a temporary work visa before November 24, they will remain eligible for a simplified visa after that date. Transitional arrangements for sponsors Current sponsors can continue to sponsor visa application(s) under the new temporary work visa subclasses from 24 November 2012 until the sponsorship ceases. Obligations as an approved sponsor to any existing visa holders will continue after 24 November 2012. Sponsors cannot use current approved nominations for new temporary work visa applications lodged from November 24. Please note there are no changes to Temporary Work (Skilled) visa (subclass 457) sponsorship, nomination or application arrangements. Transitional arrangements for existing visa holders If you hold an existing temporary work visa, you do not need to do anything. Your current visa will remain valid until the visa expiry date. Current visa holders can check their visa expiry date using VEVO. For more information see www.immi.gov.au/immigration/temporaryworkvisachanges (Source: DIAC)

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2) Significant Investor Visa The Australian Government has announced a new visa pathway for migrant investors coming to Australia. This visa is scheduled to commence on 24 November 2012. Significant Investor visa The Significant Investor visa will be introduced as a new stream within the Business Innovation and Investment (Provisional) (Subclass 188) visa and the Business Innovation and Investment (Permanent) (Subclass 888) visa. Visa applicants must: • submit an expression of interest in SkillSelect • be nominated by a State or Territory government • make investments of at least five million Australian dollars into complying investments. Visa applicants do not need to satisfy the innovation points test and there are no upper age limits. The visa stream features a residence requirement of 160 days spent in Australia over four years while holding the Business Innovation and Investment (Provisional) (Subclass 188) visa. Visa holders can extend their visa term if they would like to given that they satisfy the extension requirements. They will be allowed to extend their provisional visa by an additional two years, with a maximum of two extensions permitted. Complying investments Complying investments for the Significant Investor visa include: • Commonwealth, State or Territory government bonds • Australian Securities and Investment Commission (ASIC) regulated managed funds with a mandate for investing in Australia; and • direct investment into Australian proprietary companies. Visa applicants may hold investments in each of the above investment options and may also change between complying investments, provided they meet specified reinvestment requirements. The investment must be made and held: • directly by the applicant or together with their spouse or de facto partner; or • through a company where the total amount of issued shares are owned by the applicant or together with their spouse or de facto partner; or • through a valid trust where the trustees and beneficiaries include the applicant or their spouse or de facto partner together.

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Australian Securities and Investment Commission regulated managed funds An ASIC regulated managed fund for the purpose of the Significant Investor visa is a managed investment scheme defined in the Corporations Act 2001 and regulated by the Australian Securities and Investment Commission. Any interests issued in the fund must not be able to be traded on a financial market and must be covered by an Australian Financial Services Licence. Investments in ASIC regulated managed funds include any investments made through an Investor Directed Portfolio Service. For an ASIC regulated managed fund to qualify as a complying investment it must be limited to categories of investments specified by the Minister in a legislative instrument in writing. These categories include: • infrastructure projects in Australia • cash held by Australian deposit taking institutions • bonds issued by the Commonwealth or a State or Territory government • bonds, equity, hybrids or other corporate debt in companies and trusts listed on an Australian stock exchange • bonds or term deposits issued by Australian financial institutions • real estate in Australia; and • Australian agribusiness. The managed fund must be open to the general public and the fund manager must provide a compliance declaration on Form 1413 that their services would be limited to the categories of investments in Australia specified by the Minister in the legislative instrument. Direct investment into Australian proprietary companies For a direct investment into an Australian proprietary company to qualify as a ‘complying investment’, the following criteria must be met: • the company must genuinely operate a qualifying business in Australia • the applicant must obtain an ownership interest in the company • the company must be registered with ASIC; and • the business must have an Australian Business Number. Qualifying business The Migration Regulations 1994 define a qualifying business as an enterprise that: (a) is operated for the purpose of making profit through the provision of goods, services or goods and services (other than the provision of rental property) to the public; and (b) is not operated primarily or substantially for the purpose of speculative or passive investment. Ownership interest The Migration Act 1958 defines ownership interest: In relation to a business, means an interest in the business as: (a) a shareholder in a company that carries on the business; or (b) a partner in a partnership that carries on the business; or (c) the sole proprietor of the business

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Including such an interest held indirectly through one or more interposed companies, partnerships or trusts. Residence Requirement To be granted a permanent Significant Investor visa, primary visa holder must be resident in Australia for at least 40 days for every year or part year that they have held a provisional Significant Investor visa. The residence period does not need to be met per year but can be met cumulatively over the time the primary visa holder held the provisional visa. About the program The Business Innovation and Investment program is for migrants who have demonstrated experience and success in business or investment. The program will attract prominent business people and investors from across the globe and increase economic growth and innovation in Australia. SkillSelect SkillSelect is an online service that enables skilled workers, business people and investors interested in migrating to Australia to record their details to be considered for a relevant visa through an Expression of Interest. Intending applicants for a provisional Business Innovation and Investment visa will record their proposed investment in Australia and once nominated by a State or Territory government will be issued an invitation by the Australian Government to lodge a visa application. Further information www.immi.gov.au/skilled/business/whats-new.htm http://www.immi.gov.au/skilled/business/_pdf/significant-investor-faq.pdf (Source: DIAC)

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3) DIAC facebook chat for students DIAC are presenting a live chat on Facebook for students concerned about their options after the GSM transitional arrangements cease on 31/12/2012 Live chat – studying in Australia Public Event · By Australian Department of Immigration and Citizenship Wednesday, November 28, 2012 10:00am until 11:00am in UTC+11 Join Assistant Secretary Education, Tourism and International Arrangements Paula Williams on Wednesday 28 November between 10–11 am AEDT to chat about the transitional arrangements that end on 31 December 2012 for people who held an eligible student visa (subclass 572, 573 or 574) when the Australian Government announced changes to the skilled migration program on 8 February 2010. Potential student visa applicants can also ask about how to submit decision-ready applications. Click on the link below and find out more about the transitional arrangements. www.immi.gov.au/students/8-feb-students.htm Please note: Paula will not respond to questions about individual cases or questions not related to the live chat topic. If you have family, friends or colleagues who might be interested in applying for an Australian student visa, let them know they can get involved if they ‘like’ our Facebook page. Twitter users can also join our live chat by tweeting @SandiHLogan www.immi.gov.au/students/8-feb-students.htm Please note: Paula will not respond to questions about individual cases or questions not related to the live chat topic. If you have family, friends or colleagues who might be interested in applying for an Australian student visa, let them know they can get involved if they ‘like’ our Facebook page. Twitter users can also join our live chat by tweeting @SandiHLogan (Source: DIAC)

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4) Processing of Sponsored GSM Visa Applications Each year the department takes into account visa planning levels set by the government for the program year which forms the Migration Program. The Migration Program determines the maximum number of visas that can be granted in each visa stream. Most Skilled Migration visa applications are subject to a Ministerial Direction determining the priority in which applications are allocated to a case officer for processing. This ensures that where there is high demand for places under the Migration Program, processing priority is given to applicants who have the most compelling claims in terms of the government's policy priorities. The Migration Program planning levels take precedence over the Direction of the number of applications remaining to be processed. The current planning level for the Skilled Australian Sponsored GSM category of the 2012-13 Migration Program is 4200 visa places. This category is for applicants who have been sponsored by an eligible relative. Skilled Australian Sponsored visas include: Skilled Sponsored subclass 176

Skilled Regional Sponsored subclass 475

Skilled Regional Sponsored subclass 487

Skilled Sponsored subclass 886

Skilled Regional subclass 489. As at November 2012, the Skilled Australian Sponsored GSM category has a limited number of visa places remaining. In accordance with the Migration Program planning level and the priority arrangements, remaining visa places will be used for decisions on Skilled Regional subclass 489 applications which are family sponsored and other Skilled Australian Sponsored GSM applications currently in the final stages of processing. This includes subsequent entrant subclass 489 applications which are exempt from the priority processing arrangements. If there are any changes to processing, this will be announced on the department's website. Applicants can follow the progress of allocating GSM visa applications through the department's website. (Source: DIAC)

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5) Skills Assessments for Aircraft Maintenance Engineers From 26 November 2012 Trades Recognition Australia (TRA) will no longer have an approved registered training

organisation available to conduct skills assessments for temporary (457) or permanent migration for Aircraft

Maintenance Engineers (Avionics) and Aircraft Maintenance Engineers (Mechanical).

6) New DIAC Health criteria

http://www.immi.gov.au/media/publications/pdf/2012/joint-standing-comm-enabling-australia.pdf

7) Invitations for Independent Skilled visas now at 60 points As suggested a couple of weeks ago, DIAC are now issuing invitations for 189 visas at 60 points .. http://www.immi.gov.au/skills/skillselect/index/reports/report-2012-10-15/ 

8) New Visa Charges from January 2013

Visa Application Charge Increases – from 1 January 2013 The Government has announced as part of its Mid-Year Economic and Fiscal Outlook (MYEFO) the following increased Visa Applications Charges (VACs) to come into effect on 1 January 2013: - Offshore Partner visas: increase from $3060 to $4000 - Onshore Partner visas: increase from $2050 to $2700 - Skilled Graduate (Subclass 485): increase from $315 to $1260 - Subclass 457 visas: increase from $350 to “around” $455 - Working Holiday visas: increase from $280 to “around” $360  (Source: DIAC)

The Australian Government has issued a response to the report of the Joint Standing Committee on Migration entitled Enabinto the Migration Treatment of Disability, which was published in June 2012. 

The full changes proposed are at the link below including a rise in the Significant Cost Threshold to $35,000 which waJuly 2012. 

The Government increased the Significant Cost Threshold to $35,000 on 1 July 2012

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9) Processing of Partner visas

Processing Times and Priorities for the Onshore Partner Program The onshore Partner visa program is experiencing strong demand, and as a result, the current average processing time for subclass 820 applications is around 13 months from lodgement. This is an average processing time and the actual processing time for each application may vary significantly. To ensure that your application is processed as quickly as possible only lodge your application when it is complete. Please undertake health and character checks before you lodge your application and supply the department with a completed 'Form 80'. Generally, applications are considered in date order but some applications will take longer to finalise than others. Applications which will be prioritised include those which have been remitted following successful review or Ministerial Intervention, and applications which have special circumstances of a compelling or compassionate nature. Applications which may be decided more quickly include those involving family violence, and those which are 'assessment ready' at lodgement. The time to decide assessment ready applications will vary due to a number of factors, including the need for further investigation or external checking, the large proportion of applications which are assessment ready and the need to progress other applications in a fair and timely manner. Applications which are 'assessment ready' are automatically identified as such by the department when we receive them. There is no need to contact us separately about this. We are unable to provide progress reports for applications lodged less than 13 months ago. If your application was lodged more than 13 months ago, the preferred mechanism for seeking an update on the status of that application is to email the relevant processing team as advised in the letter acknowledging your application. Requests for priority processing on the grounds of special circumstances should also emailed to the relevant processing team. (Source: DIAC)

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10) DIAC Processing Times Details of Processing times for : GSM visas are available here h p://www.immi.gov.au/skilled/general‐skilled‐migra on/es mated‐alloca on‐ mes.htm For other visa categories are available here h p://www.immi.gov.au/about/charters/client‐services‐charter/standards/2.1.htm (Source: DIAC) Okay folks all done. Waiting for the second part of the super storm atm, first part thankfully missed us that’s it for another month. Have a great few weeks and hopefully see you all on Monday 17th December. Kind Regards Steven O'Neil (Iscah Manager - MARN 9687267) 08 9353 3344 / www.iscah.com Latest newsletter www.iscah.com/Iscahnewsletterlatest.pdf Facebook using facebook@iscah.com Twitter using www.twitter.com/iscahmigration

Iscah Migration Suite 14 (Kewdale Business Park) 133 Kewdale Road, Kewdale Perth Western Australia, 6105 PO Box 75 Welshpool BC 6986

Phone: 61-8-9353 3344 Fax: 61-8-9353 3350 E-mail: newsletter@iscah.com Website: www.iscah.com Registered Migration Agent 9687267