Migration shake-up for WA mining boom

WA will be able to handpick permanent migrants to service the booming resources sector and other areas of critical need under a massive overhaul of the skilled migration program to be unveiled today.

Under the changes, Immigration Minister Chris Evans will revoke and refund 20,000 applications from would-be skilled migrants and instead give top priority to those who are sponsored by employers and States for high-level jobs.

The overhaul is geared towards making Australia’s skilled migration super-responsive to urgent shortfalls in qualified mining and health sector workers, while also tightening permanent visa criteria for overseas students studying courses in low skill occupations.

Senator Evans will immediately abolish the Migration Occupations in Demand List, which gazettes 106 areas of preferred workers, replacing it by April with a more targeted Skilled Occupations List drawn up by the independent Federal authority Skills Australia in consultation with the States and business.

It means doctors, nurses, engineers and high-value professions and trades will have priority over low-skilled workers such as hairdressers and chefs.

In WA, as yesterday’s Olivier Jobs Index showed, the most sought after workers are in engineering, trades and services, and building.

In a marked departure from the existing skilled migration scheme, States will be asked to draw up their own migration plans to allow fast-tracking of applications for migrants sponsored by States or companies for specific jobs.

The bar will be raised for unsponsored skilled migration applicants, with criteria such as proficiency in the English language, work experience and overseas qualifications to be made tougher.

The overall annual skilled migration intake will remain unchanged at 108,100 people.

The changes are likely to have a significant impact on the burgeoning multi-billion-dollar overseas student market where hundreds of thousands of foreign students have come to Australia to undergo trades training, enticed by the prospect of permanent residency.

The Government believes such courses are skewing the migration program, leaving new permanent residents with poor English and little prospect of finding work in their nominated field of expertise.

Foreign students in Australia studying in areas dumped from the new skilled occupation hit list will be given 18 months after completion of their studies to find sponsorship from an employer or sent home.

The Government believes the new regime will help the clampdown on unscrupulous migration agents, many of whom are Indian-based, who con students into believing completion of an Australian course gives automatic entitlement to permanent residence. 

The bar will be raised for unsponsored skilled migration applicants, with criteria such as proficiency in the English language, work experience and overseas qualifications to be made tougher.

The overall annual skilled migration intake will remain unchanged at 108,100 people.

The changes are likely to have a significant impact on the burgeoning multi-billion-dollar overseas student market where hundreds of thousands of foreign students have come to Australia to undergo trades training, enticed by the prospect of permanent residency.

The Government believes such courses are skewing the migration program, leaving new permanent residents with poor English and little prospect of finding work in their nominated field of expertise.

Foreign students in Australia studying in areas dumped from the new skilled occupation hit list will be given 18 months after completion of their studies to find sponsorship from an employer or sent home.

The Government believes the new regime will help the clampdown on unscrupulous migration agents, many of whom are Indian-based, who con students into believing completion of an Australian course gives automatic entitlement to permanent residence.

Source  :  www.thewest.com.au

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Marriage scamming for permanent residency

Immigration to our shores is running at record levels and so too is the boom in illegal immigrants.

Some are scamming permanent residency is to catch and marry single Aussies. Immigration officials are cracking down on fake marriages, but  sometimes impossible to know when love is true or false. 

Over the last ten years spousal visa applications to Australia jumped from 26,000 to 40,000 a year. Many phoney fiancés and spouses were kicked out last year. 

Less than three per cent of applicants are investigated. 

The process requires foreign spouses to live with their partner for two years and they may be tested on their truthfulness by the Bona Fide units, set up in states across the country.

Differentiating between love and fraud is not a given, what we are interested in determining is that the evidence and the paperwork and the documentation put before us is true and accurate that it is not a forged document. 

They’re even more brazen in India where migration agents and internet surfers state plainly what they want, with posts including: “Paper marriage for Australia” and “Looking for a girl to do a paper marriage just to get residency in Australia.” 

The Times of India newspaper detailed how brides and grooms are contracted to marry, just so they can move here. 

If they are operating in India, or in China, or in Canada, or in the UK or anywhere overseas, our laws don’t control their activities

Act, under visa fraud it can include cancellation of the visa, and ultimately removal from the country. In the least we can refuse and we often do in 3000 instances to grant a visa in the last financial year. 

Dob-In Line: 1800 009 623

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Visa crackdown will hit numbers

THE education export industry has to find a new way to prosper now that the government has made it harder for would-be migrants to use study as a route to permanent residency, social researcher Bob Birrell says.

In the Monash University journal People and Place, Dr Birrell said the industry, whose phenomenal growth had been helped by foreign students seeking permanent residency as skilled migrants, had reached a crossroads.

Dr Birrell is co-director of Monash’s Centre for Population and Urban Research, People and Place’s publisher.

He said a change to the skilled migration rules in December last year, coupled with other reforms, would put permanent residency beyond the reach of many former overseas students with poor English, little work experience and low-value qualifications in hospitality and cooking.

“Those providers who have built their business around marketing a credential that will lead to permanent residence must refocus their business,” he said. “They need to sell credentials that overseas students believe they can take back to their country of origin with profit.”

But Dennis Murray, executive director of the International Education Association of Australia, said the new rules would have little effect on universities although they would cut growth in hospitality courses. “We don’t see a wholesale collapse of the industry, which is what Bob would like to see,” he said.

Dr Birrell argued the appeal of permanent residency and lax rules for skilled migration delivered strong growth in business and information technology courses at universities in the early 2000s and even more dramatic growth since 2005 in hospitality, cooking and hairdressing courses at private colleges and TAFE institutes.

But the education business had come to distort the migration program, producing graduates ill-equipped or uninterested in the jobs they were supposedly trained for. Dr Birrell said the government took a stand, culminating in the tough new rules of December last year, but the surge in student numbers had carried through into the first few months of this year, for which there was official data.

“My expectation would be that the enrolments in the hospitality area will decline significantly once the message gets back via the recruitment network to the countries of origin,” he said.

Dr Birrell said higher education also would lose fee income because graduates in accounting, a field that had enjoyed strong growth, had to have better English or take on an extra year of professional training.

But he said the government needed to back its tough policy changes with a clearer message to the industry. Instead, it had allowed more than 40,000 former students to stay on temporary and bridging visas, even though most had little chance of securing permanent residency. Most had taken up temporary visas created to soften the blow of September 2007 reforms aimed at the poor English and poor employment prospects of former students.

Dr Birrell said another, sizeable group had found a loophole. In the year to May the Department of Immigration and Citizenship had allowed 15,417 former students to apply for permanent residency as skilled migrants, despite their lacking occupations on the tough new critical skills list ushered in last December. The department had put off the processing of applications by those lacking critical skills, meaning these students remained on bridging visas.

The department’s decision to accept these applications, and the $2105 fee, was “contentious and unwise” because it suggested these students eventually might win permanent residency despite not meeting the tight new rules.

“I think there’s something of a battle going on within government as to which should be given priority: the maintenance of the (overseas student) industry on the one hand and dealing with the immigration problems generated by it on the other,” Dr Birrell said.

An Immigration Department spokesman said the government was pursuing a more carefully targeted migration program, given the difficult economic times.

“Australia is giving priority to those people sponsored by employers or on the critical skills list, thus ensuring the nation gets people with the skills the economy and employers need,” he said.

Source  :  www.theaustralian.news.com.au

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Foreign students could be forced to leave – Research your migration agent first

SCORES of foreign students, suspected of using bogus documents to support permanent residency applications, have been discovered by Federal Government migration fraud investigators.

More than 60 students, whose documents were initially accepted as genuine by the Government, will be forced to leave Australia if they are unable to prove their documents are authentic.

It is the latest indication that rorting in the lucrative $15.5 billion international education industry — the nation’s third-biggest export earner — is a serious problem, which could undermine the integrity of Australia’s education and immigration systems.

The students are suspected of using fake references from employers, which claim to show they have 900 hours’ work experience in a job related to their area of study.

Foreign students are required to provide evidence of 900 hours’ work experience to support their applications for permanent residency.

Sources in the international education industry have told The Age some students pay up to $20,000 to rogue college operators or middlemen, such as unscrupulous migration agents or education agents, to obtain fake paperwork.

Trades Recognition Australia (TRA) is the body nominated by the Department of Immigration and Citizenship to assess skills, including those of foreign students. Under the Australian migration system, a successful skills assessment by TRA can be used by foreign students to support their permanent residency applications.

In the last financial year, TRA received 34,180 applications for skills assessment, about 10,000 of which were from foreign students. TRA initially accepted the documents of the students in question as genuine. But after the Federal Government received information suggesting their paperwork could be bogus, it sent letters to the students threatening to revoke their successful skills assessments if they did not prove their documents were authentic within 28 days.

More than 60 such letters have been sent to foreign students since the start of the year, with 48 sent last month alone.

The Department of Education, Employment and Workplace Relations, which investigates matters relating to international education refuses to say how many students have already had successful skills assessments revoked.

“Disclosing departmental actions as part of quality control and fraud measure could adversely impact on the administration of the program,” the department said in a statement to The Age.

The students are believed to be either close to the expiry of their student visas or on bridging visas. Either way, they will be expected to leave the country within 28 days if they are unable to prove their documents are genuine.

The identification of students suspected of using bogus documents follows the discovery of an alleged racket uncovered by the Department of Immigration and Citizenship in March.

Three migration agents were allegedly providing fake documentation to support permanent residency applications for foreign students based on their claimed skills in a number of occupations, including cooking, hairdressing, horticulture work and car mechanics.

Investigations are continuing into possible offences relating to forgery and migration fraud, which carry penalties of up to 10 years’ imprisonment.

Source  :  www.theage.com.au

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Skilled Migration: Dispelling the Myths

Source  :  Alan Collet   www.gomatilda.com

Since Australia’s Immigration Minister announced changes to the skilled migration program at the end of last year there has been a lot of misunderstanding among intending skilled migrants. In this article we try to dispel some of the myths.

In no particular order, here are some of the comments we have heard in recent months:

Australia has stopped accepting skilled migrants

Nothing could be further from the truth. In fact, Australia’s skilled migration program (the amount of visas the Immigration Minister requires his Department to grant annually) is the highest on record this year, with a planned 115,000 skilled visas to be granted in the year to 30th of June, 2009.

The skilled program for 2009/10 is planned to be 108,100, which is the third highest program on record.

By way of comparison the skilled program in the last few years has delivered the following outcomes:

 
2007/08: 108,540
– 2006/07: 97,920
– 2005/06: 97,340
– 2004/05: 77,880

My occupation is not on the Critical Skills List and I can’t be sponsored by a State or Territory Government. That means I will never get a visa.

It is true to say that the Minister’s announcements have impacted quite significantly on the processing of skilled visas, with occupations on the CSL and State/Territory Sponsored skilled visa applications being the only offshore skilled visa applications that are being processed to a decision at the moment.

However, there will come a time (we anticipate in the next 3 to 4 months) when Department of Immigration case officers will have to move onto the next category on the Minister’s priority list, namely applications where an occupation on the Migration Occupations in Demand List (or MODL) is nominated.

We anticipate that many applicants with MODL occupations will have sought sponsorship from a State or Territory Government (as MODL occupations have tended to be included on their Wanted Skills Lists) and as such we think it likely that remaining skilled visa applications will start to be looked at with a view to visas being granted during the.

It should also be remembered that when the total skilled migration program was in the region of 70,000 annually processing times were typically 9 to 12 months – even allowing for heightened demand in recent years the large program total that is now available should allow visa application processing times to be closer to 12 months over the next year to 18 months.

And as ever, the sooner a visa application is lodged the sooner a visa will be granted.

I won’t be able to obtain sponsorship from a State or Territory Government

To a verying degree all of the States and Territories in Australia are sponsoring skilled individuals for the grant of visas. Some are sponsoring for the grant of provisional subclass 475 visas (which provide for permanent residency via a second visa application once subclass 475 visaholders have been residing and working in a regional area for the required period), while others are sponsoring for subclass 176 permanent residency visas.

The key question for intending skilled migrants is therefore which States and Territories are sponsoring my occupation, and for what subclass of visa.

If I am sponsored by a State or Territory Government I will have to live there while I remain in Australia

Technically, that is not the case. If applying to a State or Territory Government for sponsorship you will be asked to provide information that demonstrates you are genuine in your intentions to reside in that State or Territory.

Indeed, in most cases you will be asked to sign an undertaking to reside in the sponsoring State/Territory for at least 2 years.

We would add that when applying for sponsorship you should be completing the application in good faith, with a genuine intention to reside in the State or Territory to which you are applying.

Note also that if applying for sponsorship of a subclass 475 (provisional) visa you will be subject to a visa condition that requires you to live and work in a regional area of Australia, and that you can anticipate that this will be checked when you apply for permanent residency in due course. 

Employers are no longer able to sponsor individuals for skilled visas

This comment is typically heard in the context of subclass 457 visas – which is the long term temporary residency visa.

It is fair to say that Australia’s Immigration Minister has sought to change 457 visa sentiment amongst employers by issuing “clarification” in the last few months in the form of policy guidance to his Department. This has included (amongst other things) requiring employers to more clearly demonstrate the benefit to Australia arising as a consequence of the employment of the nominated individual following the grant of a 457 visa.

However, this amendment of policy settings has not caused a cessation of 457 visa grants – far from it. Indeed, Go Matilda has had many 457 visas granted in the last few months.

Even if I obtain a visa, the global economic crisis means I won’t be able to get a job when I move to Australia

The Australian economy has held up remarkably well in comparison with other first world countries, and indeed has thus far avoided a technical recession. This is quite possibly due to its closer associations economically with South East Asia and China, and the financial boost associated with a growth in population, most notably through the large migration programs of the last few years.

By contrast the UK has found itself more closely aligned with the fortunes of the US, and with the collapse of wealth through banking and housing failures.

No-one can say that any one individual will be certain to secure employment when they move to Australia. However, the prospects for work are generally considered to be brighter in Australia than in the UK, US, etc, which should augur well for intending migrants.

I won’t be able to sell my house and the GBP – AUD exchange rate is awful

Yes, the economies of the world are in a dreadful state at the moment, and the bottom has fallen out of the housing market in the UK.

However, there is no requirement for you to move to Australia as soon as your visa is granted – permanent skilled visas require you to enter Australia by an initial entry date, which is usually 12 months from the earlier of the date of police clearance certificates and the date medical examinations were attended.

That required initial entry can be on a holiday, and the permanent move can be a few years later – at any time up to 5 years after visa grant – by which time we suggest the economies of the world and the currency exchange rate will be somewhat different, most probably better than they are today.

This means that applying for a skilled visa now rather than waiting could actually mean that you find yourself migrating at a better time than those who have been granted their visas in the last 12 months.

If you are a skilled individual and are contemplating a move to Australia some of the above issues might have crossed your mind.
If you would like to talk about your concerns and to discuss the migration process more fully please contact us.
Go Matilda has many years of experience assisting with Australian visa applications, and we will be pleased to have a free initial discussion about your situation, your visa strategy, and how we might help, after which we can send you a no obligation proposal as to our fees.

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