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Immigration News
October edition
 
Welcome to our First Newsletter
 
Dear subscribers,
 
Welcome to the first edition of the Migration Solutions newsletter, a publication that will keep you up to date with the changes in immigration.
 
In this edition, be sure to check out our two feature stories regarding Migration Solutions' involvement and success at the MRT, as well as all the latest immigration news.
 

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IN THIS ISSUE 
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Message from the Director

Managing Director Mark Glazbrook

future generations of South Australians. SA's  

population is aging, productivity levels are low, and we also have very low business and consumer confidence, which ultimately has negative consequences for our retail sector. The State and new Federal Government need to do more to assist SA to increase our share of the migration program.

  

The reason for this is simple. Population growth and directly related economic outcomes have decreased in recent years, and net interstate migration (loss) is rising. Despite making up approximately 7.5% of the national population, our share of the temporary 457 work visa is around 3%, our share of the international student market is approximately 4 % (down 18 % on the previous year), family migration outcomes are approximately 5% and skilled migration is around 6% of the total program.  These figures concern me and I expect outcomes to continue to fall due to changes to State and Federal Government policy and requirements to the permanent regional sponsored migration program.  I am now extremely hopeful however, that positive changes to the Australian migration program will be introduced following the recent election of Australia's new Coalition Government.

 

When you look at the importance of population growth and the migration program as a way to achieve this, it is important to consider the economic multiplier effect.  Last year our population grew by 14,900 people. Imagine the economic impact and opportunities that would be created if population growth in South Australia reached the national average.  This alone would create additional demand for approximately 10,000 new homes to be built in SA every year.  Put simply, the more skilled migrants and international students that we can attract to SA, the more jobs that will be created - delivering a stronger economy for the state.

Hello, my name is Mark Glazbrook and I am the Managing Director of Migration Solutions. I have been working in the migration industry for 17 years, and as well as working as migration agent I am also a former State President and national board member of the Migration Institute of Australia (MIA). In addition to providing specialised migration advice and assistance, I also actively lobby and advocate on behalf of businesses and visa applicants to enable better migration opportunities.

 
Increased population growth & targeted economic migration is extremely important to the South Australian economy. SA's population growth is currently 0.9% compared to the national average of 1.8%. WA by comparison is powering ahead at 3.4%. Increased population growth and migration in SA will create new employment and training opportunities for 

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Current Lobbying Issues

 

 

In addition to the day to day work that we carry out on behalf of our clients, Migration Solutions actively lobbies State and Federal Governments, Industry bodies, the Media and the Department of Immigration and Border Protection (DIBP) in order to improve inconsistencies and what we believe are oversights or anomalies within the Australian Immigration Regulations and Policy. 
  
Listed adjacent are the major issues Migration Solutions are currently petitioning to be revised by the relevant bodies.

 

 

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CURRENT PROJECTS 

- REDUCTION of IELTS requirements for RSMS & reintroduce exceptional circumstances for age

 

- REMOVAL of the 2 years post qualification experience requirement for RSMS (trade occupations

 

- REINTRODUCTION of the regional 457 visa

 

- REINTRODUCTION of post qualification temporary visas for international students in the VET sector

 

- INCREASING the migration program from 190,000 to 250,000 over next 5 years to allow capacity for economic and regional programs

 

Feature Stories

stringofMRTcases
String of breakthrough cases at MRT and immigration department a positive step for RSMS program
 

 

STEP FORWARD: Migration Solutions' success with five RSMS cases at the MRT is an important step for Australia's regional horticultural production industry.

 

 

Migration Solutions is enjoying a series of favourable outcomes at the Migration Review Tribunal recently, headlined by five breakthrough cases involving permanent employer-sponsored residency applications in August. 

The cases, which consisted of five Indian applicants working as nurserypersons for local produce company '4ways', was successfully appealed after Migration Solutions provided sufficient evidence to prove that their positions within the company were in fact skilled.

 The applicants' roles included monitoring and analysis of the company's exclusive seed-trialling program and traditional nursery work, a vital aspect to the future expansion of the business.

However despite all five applicants possessing relevant qualifications in nursery work and horticulture, the appeal was still fraught with danger given the notorious difficulty of gaining approval for jobs within the production horticultural industry from the immigration department.

"This case really clarified the fact that there are different skills levels operating within the production horticultural industry in relation to skilled work visas," said Executive Officer of Primary Industry Skills Council SA Mark Cody.

"The major deficiencies of ANZSCO were highlighted during this case, suggesting an urgent need for reflection and implementation of more specific definitions as to what constitutes skilled labour in this industry."

Managing Director of Migration Solutions, Mark Glazbrook, attributes the company's high success rate at the Tribunal to the experience of his firm's migration agents.

"Having four experienced migration agents - plus Vanessa as a migration coordinator, who has been involved with over 60 MRT cases herself - is a real advantage for our clients," said Mr Glazbrook.

"Most migration agencies here in Adelaide are much smaller, and due to the experience and specific knowledge of legislation and policies that is required to handle an MRT case successfully, many other migration agents cannot provide the same level of service we do."

Mr Glazbrook also said that given the decline of South Australia's car-making industry, investment in the local horticultural industry is more important than ever.

"SA's ability to produce our own crops is going to be vital to our local economy going forward, which only increased the significance of this case."

The outcome provides a beacon of hope for skilled migrants and their employers, who are often forced to wait for up to two years for a Tribunal hearing due to the significant backlog of cases.

"We were very happy with the result," said '4ways' Director Duy Ly.

"The outcome has restored our confidence within the business and has enabled us to further invest into the expansion of our business, which is largely a result of Mark and his team's professionalism, expertise and networking ability." 

 

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MRT, Student Visa or RSMS, which is the best option?  MRT2

 

Student visa-holders may want to think twice before immediately appealing a refused application, with recent data showing a delay of up to 2 years lies in wait for applicants hoping to have their decisions overturned by the Migration Review Tribunal.

Figures released from migration agency 'Migration Solutions' shows that due to the lack of a bridging visa under the 119 program, applicants that are eligible could save up to $180,000 over the two-year period if they were to lodge a fresh 187 application instead of continuing their studies.

In order to be considered for the 187 visa, applicants must be able to achieve a 6.0 in each of the 4 bands of the IELTS test.

Managing Director of Migration Solutions Mark Glazbrook says currently too many applicants are neglecting to look into the option of lodging a fresh application due to the immediate costs involved, without considering the long-term financial consequences of pursuing needless study.

"When I have spoken to clients about this option, many are reluctant due the perceived additional cost of launching a fresh application," said Mr Glazbrook.

"However when looking at the total cost of both the MRT and Student visa package compared with a fresh RSMS application, sometimes the latter provides a cheaper and more rewarding opportunity."

One of the main factors contributing to the weighty financial difference between the two visa options is due to the different restrictions placed on earning power.

Student visa holders and their dependantsare only permitted to work a maximum of 40 hours per fortnight, in addition to having to spend an extra $10,000-$15,000 per year on tuition fees.

In contrast, those applying under a 187 visa as well as their partners are able to earn a full-time wage, and aren't burdened with unnecessary study costs.    

Mr Glazbrook also believes pursuing a 187 RSMS visa option could prove to make for a stronger application, due to the absence of work restrictions.

"The ability to be employed in a full-time position during the assessment period of a 187 visa enables applicants to demonstrate the genuineness of the full-time role, a key factor that is scrutinised by the Department of Immigration and Citizenship when making their decision."

Due to the highly complex and specific nature of each application, anyone who thinks they could be eligible to apply for a 187 visa are strongly encouraged to contact Migration Solutions in order to have the best option for their situation professionally determined.

 

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Migration News

govtoverhaul

Government promises to "repair" Australian universities international reputation

The Coalition has recently announced the restoration of Australia's status as a top destination for international university students to be the number one priority for the sector.

Education Minister Christopher Pyne said the reforms would include a reduction in the amount of bureaucratic red tape preventing graduates from applying for permanent residency once their study is complete, as well as a full review of the demand-driven higher education system. 

Mr Pyne described the previous government's introduction of restrictions on post-study work rights and the streamlining of visas as "breaking a walnut with a sledgehammer," and that the situation would be dealt with "sooner rather than later."

The promise comes as Australia's university system experiences an overall decline in the latest rankings by the Times Higher Education and QS studies, and is sure to be welcomed by international students.

 

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skillselectDepartment to increase leniency for errors on 'SkillSelect' invitation point scores

The Department of Immigration and Border Protection has clarified its official position on inadvertent errors being made on the 'SkillSelect' points test, after concerns were expressed regarding the harshness of penalties by the Migration Institute of Australia.

In a statement released by the Department, applications will now continue to be assessed even if errors of interpretation are found to have been made, so long as the revised total does not fall below the minimum invitation score for that period.

For example, if an affected applicant's proposed score was 75, and the lowest invitation scores for the relevant period was 65, the applicant's corrected invitation score must be no less than 65 before the Department would abandon their assessment.

Under the Department's previous stance, applications that were found to have contained errors were immediately rejected, and the cost of applying was not refunded.

 

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New name to go with new minister for immigration newnamedepartment

The Government has announced a new Minister for Immigration in Scott Morrison following the coalition's election win - and a fresh name for the department to go with it.

The Department of Immigration and Citizenship (DIAC) is being renamed to the Department of Immigration and Border Protection (DIBP), reflecting the new government's emphasis on strengthening Australia's border protection stance.

Mr Morrison is also the Federal MP for the seat of Cook in Sydney's Sutherland Shire.

It is the tenth time the Department has changed its name since it was founded in 1945.

 

 

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policychange

Sudden policy change leaves genuine RSMS applicants in the lurch

The DIBP's unannounced change in policy regarding RSMS visa eligibility has left foreign student graduates with a genuine application for permanent residency high and dry, according to former Migration Institute of Australia state president Mark Glazbrook.

The changes, which occurred on May 15th and August 16th, include the introduction of two years mandatory on-the-job training being embedded within the certificate (or equivalent in post qualification work experience) for Certificate IV holders.

Prior to the changes, work experience was only required for Certificate III holders, as specified by ANZSCO's classification model.

The crackdown is likely part of an effort to reduce the number of perceived fraudulent RSMS applicants submitting qualifications to the Department that have been obtained through the use of Registered Prior Learning (RPL) documents, despite having never received sufficient training in the nominated field.

However Mr Glazbrook says that despite the intentions of the change in policy, the reality is that it is now physically impossible for genuinely skilled workers to apply as a result of the work restrictions in place for a student visa.

"A large number of applicants for an RSMS visa are currently on student visas, which don't allow holders to work anymore than 40 hours per fortnight," said Mr Glazbrook.

"Given that the two years of work experience must consist of a minimum 35 hours per week, and post study work rights are not available to students in the VET sector, graduates have no opportunity to apply for a permanent residency visa."

Applicants can choose to complete the work experience part-time; however this option requires them to prolong their studies for up to four years in order to maintain student-visa status.

 

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SIV

Westpac announces new offer for SIV-Holders

Westpac Bank has announced a new offer for Significant Investor Visa-holders, with the BTFG-SIV Flexible Investment Account being promoted as a market-leading offer for eligible clients.

The Significant Investor Visa (SIV), also known as the 888 Visa, was introduced in November 2012 as a residency pathway for migrants with $5 million dollars to invest in Australia. Migrant investors approved under the SIV will be required to invest the funds into complying investments for a minimum of four years.

The account is being advertised as including both a flexible product suite and a personal relationship management service through a dedicated private banker.

 

The service allows investors to access complying investments under the SIV regime, including state bonds and a cash investment option.

 

The range of complying investments may also be extended to include property and managed funds.

 

 

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Sponsorship Obligationsobligations
If you are an employer sponsoring an international worker, you are legally required to comply with various sponsor obligations in order to be allowed to employ that worker. 
  
For details regarding these obligations, follow the links below.
  

  Temporary Work (Skilled) Visa - Subclass 457

 

  Temporary Work (Long-Stay Activity) - Subclass 401

 

  Training and Research Visa - Subclass 402

 

 

For details on sponsorship obligations regarding different visa types, please visit the DIBP website.

 

 

                                       
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