July, 2011

« Older Entries

You want to convert a 457 visa to a permanent residency visa? Here is how it works!

Monday, July 25th, 2011

If you are in Australia on a 457 visa then the two most commonly used options to obtain permanent residency are the Employer Nomination Scheme (ENS) or the Regional Sponsored Migration Scheme (RSMS). Both require sponsorship from an Australian business.

Going from the 457 to the ENS visa you must meet one of the following;

  • have worked full-time in Australia in the nominated occupation on a Subclass 418, 421, 422, 428, 444, 457 or 461 temporary residence visa for the last two years prior to the visa application being made (including at least the last 12 months with the nominating employer)
  • have been nominated to fill a position with a base salary of more than AUD250 000 per annum (excluding superannuation or allowances
  • have had your skills assessed as suitable by the relevant skills assessing authority and, unless exceptional circumstances apply, have at least three years full-time work experience in the occupation before the visa application is lodged. A list of assessing bodies can be found in the Employer Nomination Scheme Occupation List (ENSOL).

Please note this is a brief overview of the options available and other eligibility requirements exist for the employer, employee and dependants. For further information please contact a member of our migration team to discuss options for the RSMS visa and other visa subclasses that may be an option.

Tags: , , , , , , , , , , ,
Posted in Migration & Visas | Comments Off

Your Business Panel Invitation

Thursday, July 21st, 2011

On Friday 29 July our director Byron Cannon will be one of the experts at the “Your Business Panel” event. This is a brilliant opportunity to get the advice you need from all the essential professionals in just one place. Your business panel is here to help local businesses succeed!  In economical times like these it is even more important to network with local experts in order to achieve future growth. If you are interested in expending your business network we kindly invite you to this interesting event. Find the invitation below. (more…)

Posted in General | Comments Off

What are training requirements for sponsors for a 457 visa? Here is the answer!

Friday, July 15th, 2011

For the 457 visa sponsors/employers to be approved under the standard business sponsorship must demonstrate that they meet training benchmark A or B. Benchmark A or B must be met by business who have operated their business for more than 12 months. The only exception is if the sponsoring business has been trading less than 12 months, in which case an auditable training plan can be provided.

For benchmark A you must show that you have;

Recent expenditure, by the business, to the equivalent of at least 2% of the payroll of the business, in payments allocated to an industry training fund, and a commitment, by the business, to maintain expenditure in each fiscal year, to that level, for the term of approval as a sponsor.

And Benchmark B;

Recent expenditure, by the business, to the equivalent of at least 1% of the payroll of the business, in the provision of training to employees of the business, and a commitment, by the business, to maintain expenditure in each fiscal year, to that level, for the term of approval as a sponsor.

For further assistance with an application and advising on how you can meet benchmark A or B or assist with an auditable training plan then please contact a member of our migration team.

Tags: , ,
Posted in Migration & Visas | Comments Off

How long should I wait for the residency after a case officer has been assigned?

Tuesday, July 12th, 2011

When a case officer is assigned they will then review the file and assess it again immigration policy for the visa subclass applied for.

At this point the case officer will either grant the visa or request further information in support of the application.

Further requests can include health, character, further employment evidence or clarification on any other points the case officer is not clear on.

The time taken to provide all this information back to the case officer will depend on the applicant sending everything back in a timely manner.

Once the case officer has everything to make a decision they will normally grant the visa within a few days. However the time taken for the case officer to review the file once assigned or granting of the visa can depend on a number of factors such as their work load, their holidays, sick days, public holidays and in some cases DIAC officers work job share so are only in the office 2, 3 or 4 days a week.

It is important to note there is no need to email or contact DIAC to make further enquiries as this only delays the process further. The more time taken replying to enquiries means less time for working on files.

Contact our migration team for further inqueries: +61 (07) 5443 6600 or Skype fcl_migration.

Tags: , ,
Posted in Migration & Visas | Comments Off

Can a small company sponsor overseas workers? Here is the answer!

Friday, July 8th, 2011

Yes, a small company in Australia can sponsor overseas workers! The most commonly used visa is the 457 visa which requires the company being approved as a standard business sponsor, the nominated position being approved and the worker being approved for a visa.

A few of the key requirements are:

  • The company must have Australian staff that does not include the directors or family
  • The sponsor must meet training benchmarks of their current Australian staff over the last financial year
  • The nominated position must be in an occupation on the 457 skills list
  • The salary offered must be above $49,330 and also meet market rates for the nominated occupation
  • The employee must show they have the required qualification and/or work experience to perform the job and hold any require licenses or registration

Smaller companies however can struggle to meet the training benchmark of having spent 1% of their payroll on training Australian staff or paying 2% of payroll into an industry training fund.

This is only a brief overview of the requirements for the 457 visa. Please contact a member of the migration team (+61 7 5443 6600) for a further in-depth assessment.

Tags: , , ,
Posted in Migration & Visas | Comments Off

Amendments to the Retail Shop Leases Act 1994

Wednesday, July 6th, 2011

The Act has been amended by inserting a provision that makes a ratchet clause in a retail shop lease void.  A ratchet rent provision is defined as any provision of a retail shop lease that:

  1. Prevents, or enables the lessor or another person to prevent, the rent decreasing under a rent review; or
  2. Limits or specifies, or allows the limitation or specification of, the amount by which the rent may decrease under a rent review; or
  3. Prevents, or allows the avoidance of, the rent review by the lessor or another person for a purpose mentioned in paragraph (a) or (b).

Any retail shop lease which contains such a provision is void where the lease is entered into on or after 4 April 2011.

The amendment has been passed to close a loophole created by the Court of Appeal which upheld the validity of a ratchet clause in a retail shop lease which prevented rent decreasing.

All Queensland landlords of retail shops will need to review their rent review clauses in leases entered into from 4 April 2011.

For more information about the amendments to the retail shop leases act 1994 read our blog Queensland Business Law Today.

If you have questions regarding retail shop leases don’t hesitate to contact Tom Wood +61 (07) 5443 6600.

Tags: ,
Posted in Business & Corporate Services | Comments Off

Are you a lawyer wanting to immigrate to Australia? This is what you need to know!

Monday, July 4th, 2011

The occupation of Solicitor/Lawyer is currently on the new Skills Occupations List for general skills migration. To apply for a visa under this program you need to meet a pass mark of 65 and either meet the pass mark independently or you can be sponsored by a state or territory government or a close family member in a regional area of Australia.

In addition to meeting the points test requirements such as English requirement, work experience and qualifications you also must have a skills assessment by the appropriate authority. This must be completed before an application is made.

Skills assessment authority

Before you can migrate to Australia as a skilled migrant you must have your skills assessed by the relevant national assessment authority. The assessment authority for your occupation is the Legal Admission Authority of the state or territory you want to practise in.

New South Wales

New South Wales Legal Profession Admission Board
See: New South Wales Legal Profession Admission Board

Victoria

Supreme Court Victoria
See: Supreme Court Victoria

Queensland

Queensland Law Society
See: Queensland Law Society

South Australia

The Law Society of South Australia
See: Admission and Practice in SA

Western Australia

Western Australia Legal Practice Board
See: Western Australian Legal Practice Board

Tasmania

The Law Society of Tasmania
See: Tasmanian Board of Legal Education

Northern Territory

Law Society Northern Territory
See: Law Society Northern Territory Admissions Board

Australian Capital Territory

The Supreme Court of the Australian Capital Territory
See: The Supreme Court of the Australian Capital Territory

Permanent visas are also available if you are sponsored by an Australian law firm to practice as a solicitor under Employer Sponsored Visas. Whilst there is no points test other eligibility criteria will apply for the sponsor and applicant, however the skills assessment and registration/licensing will still be required.

For a further assessment of your options please contact a member of the migration team on +61 (07) 5443 6600.

Tags: , , , , , , , , , , ,
Posted in Migration & Visas | Comments Off

Job opportunity for Plant Mechanics with Caterpillar experience (sponsor 457 visa)

Monday, July 4th, 2011

This job offer has been sent to us recently. The recruiter is urgently looking for Plant Mechanics with Caterpillar experience offering a fantastic pay and conditions. Sponsorship for a three year 457 visa will also be provided. Please contact Owen Small from our migration team (+61 7 5443 6600) for further details regarding this exciting job offer.

For current or prospective people who are looking to migrate to Australia – especially Plant Mechanics with Caterpillar experience

  1. Ideally we are looking for staff who are experienced on large CAT equipment – Dump trucks, loaders, graders (793D&F, 785D, D11R, D10T, 854G&K, 994F, 24H, 16H, 330D).
  2. Applicant must be a qualified Plant Mechanic Ideally we are require qualified or candidates who feel they have significant experience and through trade assessment will be able to secure trade qualified status.
  3. Have sound customer relations skills – be able to explain to clients issues and resolves.
  4. Able to work competently unsupervised sometimes in remote area’s.
  5. Requires excellent fault finding skills.
  6. Must be a team player.
  7. Available for field service work when required.
  8. Dedicated commitment to Safety & Quality Assurance

We have a lot of vacant positions FIFO from Perth in WA regional areas with a roster of 2 weeks on, 1 week off.

We also have regional residential vacancies where the candidate would be supplied a heavily subsidised house and also workshop positions in Perth.

Tags: , , ,
Posted in General, Migration & Visas | Comments Off

Enduring Powers of Attorney: Financial Abuse

Sunday, July 3rd, 2011

In his recent blog post, Byron explains what an Enduring Power of Attorney is and outlines some critical matters that need to be understood when appointing an attorney under an Enduring Power of Attorney.

Find the full article on Byrons Blog.

Tags: , , ,
Posted in Wills, Estates & Business Succession | Comments Off

New Points Test and Pass Marks for Skilled Migration: This is what you need to know!

Saturday, July 2nd, 2011

The points test is a mechanism used to help select skilled migrants who offer the best in terms of economic benefit to Australia. The points test creates a selection process that is transparent and objective, awarding points to the skills and attributes considered to be in need in Australia. The 1 July 2011 points test is designed to select the best and brightest skilled migrants who will make the optimum economic contribution to Australia. It does not give undue weight to any one factor and recognises a broader range of skills and attributes, focussing on:

  • better English levels
  • more extensive skilled employment
  • higher level qualifications obtained in Australia and overseas
  • better targeted age ranges

Points will no longer be awarded for specific occupations, although all applicants must still nominate an occupation on the Skilled Occupation List (SOL) and have their skills assessed in their nominated occupation.
The pass mark is the total amount of points needed to be eligible for grant of a visa and will be set at 65 points. A table summarising the points awarded can be found at the end of this fact sheet. The points test only applies to applicants for the following visas:

  • Subclass 475 Skilled – Regional Sponsored
  • Subclass 487 Skilled Regional Sponsored
  • Subclass 175 Skilled Independent
  • Subclass 176 Skilled Sponsored
  • Subclass 885 Skilled Independent
  • Subclass 886 Skilled Sponsored

Summary of points awarded

Below is a summary of points awarded for each requirement.

Factor Description Points
Age 18-24

25-32

33-39

40-44

45-49

 25

30

25

15

0
English Language* or equivalent standard in a specified test Competent English – IELTS 6*

Proficient English – IELTS 7*

Superior English – IELTS 8*

 0

10

20
Australian or overseas skilled employment in nominated occupation or a closely related occupation undertaken in the past 10 yearsNote: Maximum points that can be awarded for any combination of Australian or overseas skilled employment is 20 points One year in Australia

Three years in Australia

Five years in Australia

Eight years in Australia

Three years overseas

Five years overseas

Eight years overseas

 5

10

15

20

5

10

15
Qualifications (Australian or recognised overseas) Australian Diploma or trade qualification or other qualification recognised by a relevant Assessing AuthorityAt least a Bachelor degree

Doctorate

 10

15

20
Australian study requirement Minimum two years full-time (Australian study requirement) 5
Study in a regional area Must meet the Australian Study Requirement while studying in a regional area 5
Professional Year Completion of a recognised Professional Year 5
Credentialed Community language NAATI accreditation 5
Partner skills Primary applicants partner meets threshold requirements for skilled migration visa 5
Nomination by state/territory government (subclass 176 or 886 visa) Nomination by a state or territory government under a state migration plan 5
Designated area sponsorship or nominated by state/territory government (subclass 475 or 487 visa) Sponsorship by an eligible relative living in a designated area or nomination by a state or territory government under a state migration plan 10

Source: Department of Immigration and Citizenship (PDF)

For a further assessment of your eligibility to meet the pass marks then please contact our migration agents (+61 07 5443 6600 or skype fcl_migration).

Tags: , , , , , , ,
Posted in Migration & Visas | Comments Off

« Older Entries