Wednesday the 23rd April 2014
Volume 298

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Dear subscribers, 


Welcome to the latest edition of IMMIGRATION NEWS and to the new subscribers. IMMIGRATION NEWS is proudly sponsored by Australian Immigration Law Services. For new readers you can subscribe using the link on the right hand side. Please feel free to forward this e-mail to any of your friends.


Today, we bring to you updates regarding credit card surcharge on DIBP application fees, an explanation if the 457 Labour Market Testing and the latest SkillSelect report from 14th April, 2014.


457 Visa - Labour Market Testing (LMT)                                        silver-keyboard2.jpg


Labour market testing (LMT) in the Subclass 457 programme was introduced by the Migration Amendment (Temporary Sponsored Visas) Act 2013 which was passed by Parliament in June 2013 and commences on 23 November 2013.


Standard business sponsors are required to test the local labour market prior to lodging a nomination and, on implementation of the LMT condition, must provide information with their nomination about their attempts to recruit Australian workers and how they have determined on the basis of these attempts that there is no suitably qualified and experienced Australian citizen, Australian permanent resident or eligible temporary visa holder available to fill the position.


Not all 457 nomination applications require LMT, but if LMT is required, the sponsor must provide evidence that the LMT has been conducted within 12 months before lodging the application and the LMT condition is satisfied. Otherwise the nomination will be refused.


Since the LMT is a fairly new change in 457 requirements, we hope this newsletter will help potential sponsors and applicants understand this new requirement.


Who are exempted from LMT?

As mentioned above, not all 457 nomination applications are required to demonstrate evidence of LMT. The following exemptions are available.

  1. 1.       Executive or senior manager occupations
  • Australian businesses who nominate a current employee of an associated entity of their business who operates in a WTO member countries will not have to undertake LMT if the nominated occupation is one of the Executive or senior manager occupations listed here.
  • Overseas businesses operating in WTO member countries and seeking to establish a business in Australia will not have to undertake LMT if the nominated occupation is listed above as an Executive or senior manager.
  • For a list of WTO member countries, click here. 
  1. 2.       Chile, New Zealand and ASEAN countries intra-corporate transferees
  • LMT is not required if the nominee is a current employee of a company that operates in Chile, New Zealand or any ASEAN countries and is being nominated by an associated entity of that business who operates in Australia.
  • ASEAN countries include Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand and Vietnam.
  1. 3.       Specialists with 2 years employment in Australia
  • Persons with trade, technical or professional skills who have been nominated by either an Australian or overseas business following two years full-time employment in Australia with the same nominating employer is not required to pass the LMT if the nominee is a citizen of a WTO member country.
  1. 4.       Skill and occupational exemptions
  • If the nominated occupation is one of the ANZSCO Skill Level 1 or 2 occupations and the occupation is not protected, the sponsor is exempt from the LMT requirement.
  • Protected occupations (mainly engineering and nursing occupations) cannot be exempted from LMT.
  • For a list of the protected occupations, click here.

Evidence of LMT


As a sponsor, if your nominee's circumstances do not match any of the above, mostly likely you are required to satisfy the LMT requirement. 


You must provide evidence of having tested the Australian labour market within the 12 months prior to lodging the nomination, including information about your attempts to recruit suitably qualified and experienced Australian citizens and Australian permanent residents to the position. This evidence must be provided at the time you lodge the nomination.

  1. 1.       Mandatory evidence
  • Advertising - Evidence of LMT must include evidence of any advertising (paid or unpaid) or the nominated position and any similar positions. The advertising can be undertaken by an authorised third party such as a recruiting firm. Details of advertising fees and any other expenses paid for that advertising must also be provided.
  • Other recruitment attempts - Other recruitment attempts such as involvement in relevant job and career expositions may also be provided including details of fees paid and details of results of such recruitment attempts.
  1. 2.       Optional evidence
  • Optional evidence can include labour market research, expression of support from government employment agencies or information about your participation in job and career expositions.

Note: If an Australian citizen or permanent resident has been retrenched or made redundant in your business, or an associated entity of your business, within the four months prior to lodging your nomination, you must also provide information about those redundancies or retrenchments.


You must have undertaken labour market testing after those redundancies or retrenchments, and you must provide information and evidence of that labour market testing with your nomination.

DIBP introduces surcharge on payments made by Credit Cards.   


According to the new update by the Department of Immigration and Border protection (DIBP) there has been an introduction of Credit Card Surcharge on Visa Application Charge (VAC) payments.


This surcharge applies to any installment or part of installments made in order to pay for Immigration Fees to the DIBP.


The following credit card surcharge will apply to transactions April 19th onwards made using Visa, MasterCard, American Express, JCB and Diners credit cards:

* Visa/Mastercard - 1.08%
* Diners Club International - 2.91%
* American Express/JCB - 1.99 %.


This surcharge will be payable when the VAC payment is being made.


  SkillSelect Invitations to apply to migrate:                  Round 14 April 2014 Results                                       

The table below shows the number of invitations issued in the SkillSelect invitation round on 14 April 2014.


Visa SubclassNumber
Skilled - Independent (subclass 189)1200
Skilled - Regional Provisional (subclass 489)15

Invitation process and cut offs:

The highest ranked clients by points score are invited to apply for the relevant visa. For clients who have equal points scores, the time at which they reached their points score for that subclass (referred to as the visa date of effect) determines their order of invitation. 


Expressions of Interest with earlier dates of effect are invited before later dates.


14 April 2014 Invitation process and cut-off date by point score
Visa SubclassPoints ScoreVisa date of effect
Skilled - Independent (subclass 189)6014/03/2014 10.49 am
Skilled - Regional Provisional (subclass 489)6012/01/2014 12.00 am


Due to the continuing high numbers of EOIs received for the following six occupations, invitations for these occupations will be issued on a pro rata basis in each twice monthly invitation round over the remainder of the 2013-14 programme year. 


Please also note that SkillSelect first allocates available places to Skilled - Independent (Subclass 189) visas and then remaining to Skilled - Regional (Subclass 489) (Provisional - Family Sponsored) visas. If all places are taken up by Subclass 189 visas then there will be no invitations issued for Subclass 489 visas:

  • Chemical and Materials Engineers
  • ICT Business and Systems Analysts
  • Electronics Eng
  • ineers
  • Telecommunications Engineering Professionals
  • Other Engineering Professional
  • Software and Applications Programmers.

The points scores and the visa dates of effect cut-offs for these occupations in the 14 April 2014 invitation round were as follows:
Note: Below points score and visa date of effect is for Skilled Independent (subclass 189) and no invitations were issued to Skilled - Regional (subclass 489 (Provisional) - Family Sponsored.

Points scores and the visa dates of effect cut-offs for occupations in the 14 April 2014 invitation round
Occupation IDDescriptionPoints ScoreVisa date of effect
2331Chemical and Materials Engineers6005/02/2014 1.36 pm
2334Electronics Engineers6009/01/2014 8.50 pm
2339Other Engineering Professionals6013/11/2013 9.19 pm
2611ICT Business and Systems Analysts7004/04/2014 8.18 pm
2613Software and Applications Programmers6027/01/2014 4.15 pm
2633Telecommunications Engineering Professionals6027/12/2013 6.28 pm

You can access the entire report here and the reports archive here.
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Jee Eun Han

   Executive Manager

           Jee Eun Han

Australian Immigration Law Services






Karl Konrad

    Managing Director

          Karl Konrad

Australian Immigration Law Services


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