Changes to Occupation Lists – IMMI

Immigration have changed the occupations lists, and it effects applications already lodged… but why?

In law, there are different types of authority. Their is the Migration Act (Cth). This is a commonwealth piece of legislation, and requires the federal government to pass a bill for changes. WE can then go down the line to what is called an instrument. An instrument is also a federal piece of legislation, but it does not require a bill for it to be changed. Instead, a federal minister can update and change these bills as he or she wishes.

This is what has happened to the occupation lists. While a 457 visa refers to an instrument, it is this instrument that has been changed on short notice, and is retrospective. This means that it affects past applications already lodged, but not yet granted.

While it is unfair, it seems that this is indeed lawful. As an employee, or an employer, you now have the task of identifying new avenues available to obtain, or keep your visa in Australia. For occupations, you will find that their are analagous/similar occupations on the list.

We are able to brainstorm your options. You can contact us on 07 55 38 3870. We look forward to working with you.

Working Holiday Visa 417 – Age Increase

On 1 July 2017, the Department of Immigration and Border Protection announced positive changes to the Working Holiday Visa (417). This visa allows people from certain countries to come and stay in Australia for one year, with the option to extend their stays again on this visa for another year.

Previously, the age limit was 30. It is now being increased for certain countries (unknown as yet), to 35.

The other standard requirements will remain in place. As an overview, these include:

  • Have not previously entered Australia on a 462 Visa.
  • Are a genuine Visitor
  • Not be accompanied by any of your dependent children
  • Have enough funds (around $5,000 will suffice)
  • Are at least 18, but younger than 31
  • Have a passport from one of the specified countries

To obtain the second working holiday visa (the extension), you need to complete three months of specified work while on your first working holiday visa. You also need to continue to comply with your visa conditions (such as the 6 month employer restriction).

This is a low cost visa, that allows young people to stay in Australia, experience Australia and use this time working towards their permanent visa application.

If you would like advice and guidance on this visa, please do not hesitate to contact us.

Visa Processing Times

How long will your visa take to process?

This is a question that is asked a lot. The primary party responsible is the Department of Immigration and Border Protection. However, you as a visa applicant and us as migration agents and lawyers are able to ensure that you are assessed quickly and efficiently.

Immigration have a standard processing timeframe for all visa applications. It is available on the following link: https://www.border.gov.au/about/access-accountability/service-standards/global-visa-citizenship-processing-times

Things to help improve the processing of your visa application include:

  • Uploading all documents at the time of application.
  • Upload all documents required at time of decision as well. You do not need to wait.
  • Provide an overview of the documents you have lodged. The Department of Immigration and Border Protection are humans just like the rest of us. If we can make their job easier and quicker, in turn your visa will be processed quicker.
  • Label your documents, and upload them to the correct location.
  • If you are unsure about a missing document, ask us.
  • Provide all of the documents required for your visa application. If Immigration make a request for further documents, this will delay the application by at least 28 days.
  • Follow up the the Department of Immigration only if your application falls outside the standard processing times.
  • Do not send emails concerning the status, unless it falls outside the standard processing times.