RSMS visa news – Nowak Migration https://nowakmigration.com.au Tue, 09 May 2023 01:58:58 +0000 en-AU hourly 1 https://wordpress.org/?v=6.6.1 https://nowakmigration.com.au/wp-content/uploads/2021/09/cropped-nowak-migrationl-sunshine-coast-best-migration-agent-32x32.png RSMS visa news – Nowak Migration https://nowakmigration.com.au 32 32 187 Nomination refused. RSMS nomination refused. https://nowakmigration.com.au/187-nomination-refused-rsms-nomination-refused/ Sat, 07 Dec 2019 05:17:26 +0000 https://nowakmigration.com.au/?p=3610 Has your 187 nomination been refused? Dependant on the reason of refusal you may still win the case in the AAT and get the visa. Here's information about what to do if your RSMS nomination has been refused.

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Main reasons why 187 (RSMS) nomination is refused

It may take months and in some instances, even years from the time of 187 nomination lodgement by the time case officer is assessing the application. A lot may happen in the meantime in the company. Ther are a few common reasons why 187 nomination is refused:

  • the company closed down
  • company backed up
  • position no longer available
  • company’s financial position does not support the position
  • position inconsistent with a business
  • the company did not provide with the required evidence
  • the company provided incorrect evidence

What to do if your 187 nomination is refused

There is no point arguing with Home Affairs as they have made a decision and for them a decision is final. If 187 nomination is refused your employer may appeal to the AAT and ask them to review the decision. The beauty over here is that case officer have had to provide with a reason for refusal and in the AAT your employer will be arguing if a case officer was right or not. Your employer might provide additional evidence up to the time of the hearing.

Should your employer apply for an AAT merits review?

  • if your 187 nomination is refused because the company does not exist anymore – well there is nobody to appeal – right?
  • if your 187 nomination is refused because your employer did not provide required evidence – I’d go for it
  • if your 187 nomination is refused because case officer decided a position is not required in the business (for example – sales manager in a small shop employing 3 people) – it’s a case by case scenario – it depends if there are any chances of success in the AAT.

Can 187 visa be granted if a nomination is refused?

Unfortunately, there is no way your visa could be granted if the 187 nomination has been refused. Dependant on what your employer is willing to do you can withdraw the visa application or wait for it to be refused as well. Home Affairs is quite pushy asking people to get a visa application withdrawn (they don’t want you to appeal), but in most situations, withdrawing the visa application might not be the best idea. Look for professional opinion – it’s your life.

We want to appeal 187 nomination refusal – what to do.

First things first – it’s all about the timing.

  1. Once a nomination is refused your employer is given 21 days to appeal to AAT. If they’ll miss the deadline – end of story
  2. At the same time, you are being given 28 days to respond to why your visa should not be refused. Don’t bother begging them – they can’t grant a visa without nomination approved.
  3. If your employes lodged an appeal within the prescribed timeframe – that’s a good start. You may stand a chance of getting your visa at all.
  4. After 28 days your visa will be refused based on the fact there is no nomination
  5. Once your visa will be refused then, and only then you are in a position to appeal visa refusal. Check the timing as well.

How long does it take for an AAT  hearing for a 187 / RSMS nomination refusal

AAT is inundated with requests for a merits review. It takes between 1-2 years before an AAT member will be allocated to your case. You will have to have a very good reason if you’d like your case expedited.

Which visa will I have while waiting for an AAT hearing

There is no simple answer, but the most common concern is when a visa applicant is already on a Bridging Visa A. Your BVA will be extended untill the hearing and beyond. You’ll still have work rights and will still be eligible for a medicare, but expect a letter from Medicare to confirm your case has been escalated to the AAT as Home Affairs is quick in letting them know about a refusal. 

Can I apply for another visa in Australia while waiting for an AAT decision?

If you still have so called substantial visa (almost any visa apart from bridging visa) – very likely, yes. Remember you’ll have to fullfill all the requirements of the visa you are applying for, so – if there is a GTE requirement (it does apply to visitor visa, student visa, temporary work visa) you might be in trouble here. How you can prove your intentions to stay in Australia temporarily if you have already applied for a permanent residency? 

If you are on a bridging visa – you can not apply for another visa while in Australia because of s48 bar, unless …

Can I apply for a new nomination and link an old visa application

No, you can not apply for a new nomination and link an old visa application. You will have to apply for a new nomination and a new visa application. Keep in mind no new application for 187 visas are being accepted under Direct Entry stream anymore.

Should I engage the migration agent?

Oh well – it’s your life. 
Have you seen the TV series “The Knick”? It’s about a surgeon working in a New York’s hospital during the early part of the twentieth century.  He did an abdominal self-surgery, it did not go well…

Make yourself a favour and engage a professional. We have helped a few – so you know whom to call. 

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How to verify work rights of foreign workers https://nowakmigration.com.au/how-to-%f0%9f%a4%94-verify-work-rights-of-foreign-workers/ Sat, 10 Nov 2018 06:05:44 +0000 https://nowakmigration.com.au/?p=2943 How to ? verify work rights of foreign workers? We know already that this and that visa has work rights while others don’t have.  The question now is this: How can you ascertain if a particular foreign employee of yours has work rights at certain times in the duration of their contract with you? VEVO comes with help.

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Verifying work rights of foreign workers

Let’s start this article by stating the obvious: It is an offense against Australian immigration and labor laws to employ, refer or contract an illegal foreign worker in the country.

In some cases, the offense is not just a simple civil case; it can sometimes be criminal in nature.  As such the consequences are scary.

We know, we know.  You don’t want to be branded as an employer of unlawful foreign workers.  For one, it will have an adverse impact on your business and on your dignity as a person.  Secondly, it does not come cheap: the penalty for you as a company can go as high as 200,000 plus AUD per illegal worker.

The sadder thing is, you may still be held liable for the act regardless of whether you know the workers have work rights or not.

The option of hiring non-citizens

Employing skilled foreign citizens can sometimes be the only left for you to resort to, especially at a time when the local labor market of Australia cannot cope with the demand for workers trained and experienced to take on the jobs in your company.

It would have been easier and more convenient to hire local workforce since the requirements are fewer and the process is less cumbersome than to source out talent from overseas.  But this is not possible in a country where economic growth outruns the speed in training its people.

While at that, we are not saying the Commonwealth Government is not doing its part to address the shortage of skilled workers.  On the contrary, it is taking the bull by its horns, so to speak. One measure it is undertaking is the massive training of its citizens geared towards equipping them to assume the roles in the different industries all over the country.  This is the main reason the Skilling Australians Fund (SAF) is instituted.

The downside of it, though, is it may take some more time before they could reach the point where they don’t have to rely on foreign workers to make the many businesses running.

Hence, in the meantime, the status quo stays.

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The advantages of employing foreign skilled workers

 While the country is hard pressed to supply the businesses with qualified local workers, skilled foreign nationals are aching to come to Australia to work and make a new start with their family, parents, and relatives.

They are drawn towards the country because of the benefits, privileges, and amenities that majority of them could not find in their home countries.  While here, they cannot only work, they can also enjoy the countless tourist destinations hereabout; let their children study in world-class universities, and many other perks while being in Australia – all of these while earning much more than what they could possibly earn in their own countries.

And these workers are highly skilled in their line of work, bringing with them fresh ideas on how to do things – the exact qualifications Australia is looking for.

Sometimes, scouting for them may not even take you to the countries of their birth.  Many of them are already here.  Take for instance the international students.  Certain student visas have work rights, which make their holders a valuable source of the needed labor.

Too, foreign visitors on holiday visas have certain work rights.  In fact, they are encouraged by the Australian government to find short-term or casual work in certain industries while spending their time here.  Even the refugees holding either subclass 866 or all subclass 200s are allowed to live and work in the country as permanent residents

Visas that have work rights

There are many types of Australian visas.  So, it is but imperative for you to find out which ones provide work rights for their holders.  In so doing, you won’t get into the pitfall of employing unlawful workers.

So, what are the visas whose holders are allowed to work in the country?

Visa 457, which is now replaced by Temporary Skill Shortage (TSS) visa, needs no further introduction.  It occupies the top level of the totem pole when it comes to Australian work visas being availed of by foreign workers.  A good number of skilled foreign nationals now enjoying their lives in the country are in a possession of this visa.  Many of them even acquire Australian citizenship in the process.

As if the benefits and privileges of 457 visa or TSS visa are not enough, the dependents of the main applicants are also afforded full work rights in Australia.  These are the spouses or partners of the nominated worker, their children, parents, and even some relatives.

As we have already mentioned earlier, student visas of international enrollees in different universities all over the country have work rights.  The number of hours may be limited while the semester is ongoing, but they can work full time during semester break.  For more information on the work rights of student visa holders, please click student visa working hours.

More on the international students, once they complete their studies in the country, they have the choice to apply for a temporary subclass 485 visa.  This visa has full work rights and may be valid for up to four years depending on the course that the students have completed.

  • Holidaymaker visas (Working Holiday and Work and Holiday visas)

Most foreign guests who are here on holidays usually hit two birds with one stone.  While they are here to have a blast, they are also given the right to work full time on short contracts.

Another precious source of qualified workers for the different industries is the holders of temporary partner visas.  They are granted full work rights.

  • Bridging visas

Temporary visa holders who are in a possession of various types of bridging visas constitute another group of non-citizens from whom the local businesses can tap for the needed talent.

The abovementioned types of visa are just some of the many visas that grant work rights to their holders.  There are still many.

The role of VEVO

We know already that this and that visa has work rights while others don’t have.  The question now is this: How can you ascertain if a particular foreign employee of yours has work rights at certain times in the duration of their contract with you?

At the start of their employment with you, you know that their visas have work rights.  The problem is this: You would not have any idea if the status of the visa of your employee has changed while they are working for you.

For example, a worker in possession of a temporary partner visa that has work rights may have separated with their partner, thereby losing their work rights in the process; or a student visa holder who is no longer enrolled in an eligible university; or a dependent of a TSS visa holder whose main applicant just lost their job, and so on and so forth.

Overstaying non-citizens are another risk factor in employing foreign workers.  Some may have served you for so long that you feel confident that you are employing legal workers without knowing that they are already staying in the country unlawfully.

Passports are not the reliable source of information about the visa of a non-citizen as they don’t have the details of the visa.

The best way to verify these pieces of information is to check them through the Visa Entitlement Verification Online or VEVO.  This is a free online service of the Department of Home Affairs which is available 24/7, seven days a week.

VEVO holds the details of one’s visa including the conditions, limitations and work rights.  If you wish to know more information about VEVO, please click visa details online check.

A problem about time and work requirement

 Who would wish to employ unlawful foreign workers?  Nobody does, it seems.

Neither are you, of course.

In fact, you are willing to check the VEVO from time to time just to make sure each and every non-citizen under your jurisdiction has work rights.  Unfortunately, though, given your workload and the time required in overseeing the operations of your business, you may not be able to do it.

Nowak Migration can verify the work rights of your workers

If you really don’t want to have a brush with the law, talk to us at Nowak Migration.  We can help you check the work rights of your foreign employees regularly.

Yes, we just don’t do Australian visas.  We extend various other services for your business.  Regular verification of the work rights of your foreign workers is one of them.  There are more.

Mention your business requirement to us and we will assist you with it.  We are able to undertake other non-immigration tasks for you because we are maintaining a first-rate network of professionals and experts from other fields.  That way, you don’t have to source out the services that you need yourselves.  The moment you keep in touch with us, you’ll find answers to your business-related concerns.

We work with talents from such diverse industries as real estate, business law, accounting and auditing, insurance, transportation, education, and others.

Should you decide to avail of our services, you will no longer worry about breaking some Australian laws as to your responsibilities as an employer of non-citizens.  You will have more time then to focus on the operations of your business and other concerns.  That would be a lot of work being unloaded from your shoulders.

With Nowak Migration, you and your company/organization remain protected from the possibility that you could break immigration and labor laws by keeping unlawful foreign workers.

So, remain protected and legal – avail of our services.

We urge you then to pick up your phone now and call us for booking or consultation.  Our contact information can be found anywhere on our website.  Just choose the most convenient means through which to communicate with us.

If you want to keep abreast of the developments on Australian migration as well as on the overall business situation of the country, please subscribe to our newsletter by filling out the form below.  Don’t worry about spam; we take extra care of your privacy as you do.

Finally, if you think this article can help someone you know, please share it with them through any or all of the social media sites that we are using.  We will certainly appreciate your effort.

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Which English language tests ✍️ are accepted by Australian Immigration https://nowakmigration.com.au/english-language-tests-%e2%9c%8d%ef%b8%8f-accepted-australian-immigration/ Sat, 28 Jul 2018 02:08:02 +0000 https://nowakmigration.com.au/?p=2800 Australian Department of Home Affairs accepts the following English language tests:
- International English Language Testing System (IELTS)
- Occupational English Test (OET)
- Test of English as a Foreign Language internet-Based Test (TOEFL iBT)
- Pearson Test of English (PTE) Academic
- Cambridge English: Advanced (CAE) test (also known as Certificate in Advanced English).
Have a look to compare the results required for different tests.

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Australian Department of Home Affairs accepts the following English language tests:

[table id=3 /]

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Exemptions from an English test:

  • Holders of passports: Canada, USA, United Kingdom, Ireland, New Zealand – all visas
  • For some work visas and student visas studying in English on prescribed schooling level at least 5 years should do the trick
  • Labor agreement – depends on the agreement between Australian Government Agency and a company sponsoring for a visa
  • Level of salary – for some work visas where a sponsor is an overseas business English might not be required.

Tests accepted by a department:

  • IELTS
  • TOEFL iBT
  • Cambridge CAE
  • Pearson (PTE)
  • OET (only for healthcare)

Results of the test

  • Bands
    • Reading
    • Writing
    • Listening
    • Speaking
  • Overall

Family visas

English is not a criterium

482 visa

  • 4-year visa – Vocational
  • 2-year visa – IELTS 5 overall, any band not less than 4.5 (or equivalent)

186 & 187 visas

  • Direct Entry – competent
  • 186 TRT – competent
  • 187 TRT – competent or 5 years study

Skilled 189, 190 and 489 visas

  • Minimum competent.

Student visa

  • 5.5 academic
  • If 5.0 10 weeks of ELICOS required
  • If 4.5 20 weeks of ELICOS required
  • There are some exemptions

Book a consultation if you need to discuss your situation.

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Skilling Australia Fund levy ? (SAF levy) https://nowakmigration.com.au/skilling-australia-fund-levy-saf-levy/ Sun, 03 Jun 2018 23:21:02 +0000 https://nowakmigration.com.au/?p=2751 First of all - it's called Skilling Australians Fund Levy, not Skilling Australia Fund Levy - it's about training Australian citizens, not the country as such, but - do we really care how is it called. What we are interested in is how much a nominator for a visa would have to pay and why? Check this article to learn more.

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First of all – it’s called Skilling Australians Fund Levy, not Skilling Australia fund levy – it’s about training Australian citizens, not the country as such, but – do we really care how is it called. What we are interested in is how much a nominator for a visa would have to pay and why?

Key facts you need to know about Skilling Australia Fund

Finding qualified skilled workers from the local labor market to buttress up a robust economy has been one of the pressing problems confronting Australia these days. There are simply not enough skilled Australians to satisfy an economy hungry for more workers.

It’s one of the reasons most companies are training their sights overseas to fill in their workforce requirements. It’s one of the reasons also skilled workers account for a huge chunk of immigrants welcomed by the Commonwealth government. Furthermore, it’s the same reason Australia is offering job opportunities and accompanying perks to qualified foreign students after they have completed their studies here.

To the Australian government, they cannot take the current problem of skill shortages sitting down. They have to do something before it gets out of hand. And the only way to go is to harness the talent and capabilities of their own citizens to supply the needed skills and expertise. A sufficient and steady supply of well-trained and qualified Australian workers props up jobs requirement and economic growth.

How do they do that? Through training and apprenticeships – and loads of them!

They envision that by giving more focus on apprenticeships and traineeships, the census of Australians who choose to undergo them and succeed in their chosen occupation will help address skills shortages across the country.

Enter Skilling Australians Fund (SAF)

Conducting training and apprenticeships is certainly not a piece of cake finance-wise, especially if it’s done long-term and on a massive scale. It requires a huge amount of Australian dollar; we may be looking at millions, even billions, worth of funding to support the program.

This is where the Skilling Australians Fund (SAF) comes in. The SAF is the commitment of the Commonwealth government of Australia to support the initiative of equipping their citizens to assume the jobs that are in demand in the market. The government realizes that it is a priority area and should be undertaken on top of their commitment to schools and higher education.

Through the program called Vocational Education and Training (VET), they hope that the initiative would have a lasting impact on the skills development of Australian workers now and in the future.

The Australian federal government has allocated about 1.5 billion AUD for this purpose while the state and territory governments will have funding of their own for the same purpose.

What’s good about this program is that the states and territories are given a free hand in designing projects and activities that serve their own particular needs. The same programs and projects are then submitted to the Commonwealth government for consideration.

One crucial element in the projects at the state or territory levels is the support of the employers and the industry. They are a key partner in ensuring that the training and apprenticeships deliver the skills that they need and that spending is focused on occupations that are in demand. More important, their continued participation in the VET programs and projects will pave the way for the opening of employment opportunities for apprentices and trainees.

Hence, it is just but fitting that they should contribute to the sustainability and success of the SAF by forking out a certain amount from their coffers.

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How much is Skilling Australians Fund (SAF) levy

Speaking of the support of the employers and the industry in the shaping and eventual success of the Skilling Australians Fund, the Australian government requires them to contribute to it in the form of Skilling Australians Fund (SAF) levy, which is also called Nomination Training Contribution Charge.

Those employers who sponsor foreign workers, especially those who avail of Employer Nomination Scheme (ENS) or subclass 186 visa, Regional Sponsored Migration Scheme (RSMS) or subclass 187 visa, and Temporary Skill Shortage (TSS) or subclass 482 visa, need to pay this levy.

This is another way of saying businesses that benefit from hiring foreign skilled workers need to support the training of Australian workers.

You must be interested in how much the SAF levy costs. Well, the amount varies depending on various factors such as the sponsor’s business revenue in a year prior to visa application submission, the type of visa applied for, the number of sponsored employees,  and others.

For instance, for those applying for employer-sponsored permanent residency visas such as ENS visa (subclass 186) or RSMS visa (subclass 187), a one-time fee of

  • 5,000 AUD is required at the time of nomination for businesses with a turnover of more than 10 million AUD; while
  • 3,000 AUD is levied for companies having an annual turnover of less than 10 million AUD

In the case of temporary residency visas such as Temporary Skills Shortage visa called also subclass 482 visa, a fee of

  • 1,800 AUD is levied from businesses with an annual turnover of more than $10 million for each year of visa validity, while
  • 1,200 AUD for businesses less than $10 million.  This fee is payable at the time of the submission of the nomination.

As of 04th of June 2018 Legislation passed the parliament and a royal assent. It is not clear if it has been implemented or not as it is deemed to be paid at a nomination stage, but a department is not collecting the money yet. So watch this space as we may send an update later.

Sigh of relief

There’s a piece of good news for the business owners, especially those sponsoring several candidates: The amount of the levy is capped.

Additionally, there are provisions of the regulations that allow a refund of the levy. Here are the following conditions:

  • If the employer’s application for sponsorship is approved and the candidate’s application is not;
  • If the employer’s application for sponsorship is approved but the application for nomination is not;
  • If the employer’s application for sponsorship is disapproved;
  • If the visa holder does not end up working for the sponsoring employer;
  • If a TSS visa holder resigns within the first year of the contract and their visa is longer than 1 year.

Key priority areas

As has often been pointed out earlier, not all industries can benefit from the Skilling Australians Fund. There are target areas the SAF is aimed at. These are some of them:

  • Occupations that are in demand
  • Jobs that rely heavily on the recruitment of foreign skilled workers
  • Industries and businesses that have the potential for future growth such as:
  • Manufacturing
  • Building and construction
  • Engineering
  • Tourism
  • Hospitality
  • Healthcare
  • Social services
  • Information technology
  • Business and trade

The government is also eyeing to use SAF in the development of the rural and regional areas of the country.

Do you need more info on SAF? Ask us at Nowak Migration

Skilling Australians Fund is a new item in the budget of the Commonwealth government of Australia. As it is, there are features of it that need more explanation and clarification, and aspects that need more strengthening or tightening in the course of implementation. Expectedly, more issues may crop up by that time the implementation goes into full swing.

Should you need more information about this piece of regulation, please keep in touch with any of us at Nowak Migration. It is our commitment to keep you updated about anything that’s going on related to Australian migration.

But before we forget, are you looking for the services of a reliable migration agent? If so, don’t hesitate to book us for a consultation. Our contact information can be found on this website: from our hotline numbers to our email address to our Facebook page to our YouTube channel.  Just choose the means of communication that’s most convenient for you.

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Australia work permit ? https://nowakmigration.com.au/australia-work-permit/ Wed, 10 Jan 2018 13:03:01 +0000 https://nowakmigration.com.au/?p=2453 Australia Work Permit ? Australia has a unique way of dealing with foreign non-citizens who take on certain occupations in the country ? Most of the other countries require a work permit from foreign nationals before they can find employment in their areas of jurisdiction.  This is on top of the visa.  Not in Australia - the Government does not issue work permits per se, they issue certain types of visas that have work rights.

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Visas with work permit

Australia has a unique way of dealing with foreign non-citizens who take on certain occupations in the country.

You yourself must have noted that most of the other countries require a work permit from foreign nationals before they can find employment in their areas of jurisdiction.  This is on top of the visa.  For them, visas and work permits are two different entities.  In fact, in most cases, a visa serves as a requirement for foreigners to obtain a work permit.

Not in Australia. Work permit is not being issued here per se by the government.  What it does is, it issues certain types of visas that have work rights.

That’s how straightforward the government is in treating this aspect of immigration and border protection.

If you are a jobseeking non-citizen here, you should rejoice.  You only need to get hold of certain visas that have work rights to be able to find employment here.  That’s quite a favor, don’t you think so?

Select from various visas with Australia work permit

And, as if that favor is not huge enough, the Commonwealth government also offers not just one, two or three subclasses of working visas for skilled workers and other professionals like you.  It dangles several types for you to choose from.

You can choose between a temporary and permanent work visa.  You can also opt to work in places with a small population if you want to stay away from the stress of city living.  Australia would gladly welcome you to these places.

Speaking of visas with work rights, one type that stands out from the rest is subclass 457.  This visa is the one responsible for bringing in foreign skilled workers for the industries and businesses that find a hard time finding talents from the local market.

This visa, however, will be superseded by Temporary Skill Shortage (TSS) visa this coming March 2018.  But even if it will be sporting a new name soon, it will still remain as a favorite choice for international skilled workers hunting for jobs here.  So, you better keep yourself updated on the developments about this visa.  And there’s no better place for you to get fresh news about TSS visa and other immigration issues than on our website. Don’t forget to subscribe.  If you wish, you may also keep in touch with any of our personnel at Nowak Migration through phone or email.

As we have just have mentioned, there are people who shun urban living and prefer to stay and work in places that are close to nature and with fewer people.  City life proves stressful to them.

If you are that type of person, you are lucky: there’s a visa type that’s designed just for you.  This is called Regional Sponsor Migration Scheme (RSMS) visa or subclass 187.  With this visa, you will have a work permit in Australia to work in industries and businesses in states and territories that have low population.  We have a term for these localities — Regional Australia.  These are small cities or towns outside of the huge and developed metropolitan areas of Melbourne, Perth, Sydney, and Brisbane.

Not only skilled workers stand a chance to get hold of Australian visas with work rights.  Even international students are granted with student visas with provisions for work.  You may not believe it but it’s true.  Most English-speaking countries don’t have such kind of benefit for their foreign students.  But Australia goes to great lengths to accommodate student workers.  This is yet another unique offer from the generous Commonwealth government.

Remember – Australian tourist visa has a “no work” condition, which means you can’t work in Australia as a holder of a visitor visa.

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Successful visa application with Nowak Migration

Processing of visas (with work rights) constitutes one of the strong suits of our company. The list of applicants that we have helped obtain Australian working visas is growing by the day.

For instance, if you want employer-sponsored visas, we can assist you in getting the popular Employer Nomination Scheme (ENS) or subclass 186 as well as the RSMS visa that we have discussed a bit earlier.  If you prefer the skilled visas, we can offer to help you apply for subclasses 189, 190 or 489.

These subclasses are just some of the many we help process for our clients.  Depending on your skills, qualifications, experiences, needs, and preferences, there is always a working visa for you.

You and your family deserve a better life here in Australia.  Stop toiling in a job that can only provide you with a hand to mouth existence.  Give yourself the income, the perks and the esteem that you deserve as a professional or as an able worker.

You must have known some countrymen of yours who are now happily enjoying their new lives and their high-paying jobs here, not to mention the reputable and high-standard schools their kids are enrolled in.

All you need to do now is to reach out to us, so we can discuss with you your personal situation.

You may ask: What can Nowak Migration do for you?

Our answer to your question is this: We will be with you from step number one of the process up until you obtain your dream visa. Step one for us means the evaluation of your situation whether or not you have a chance for success.  And if you have, we will help you prepare for the next steps.  But if you don’t, we will tell you upfront not to waste your time, money and effort for a hopeless proposition.  We don’t give you false hopes just so you can avail of our services.  We are not that kind of a company.  Rather, we aim for a win-win outcome between you and us.

So, what are you waiting for?  Do not dilly-dally on your decision.  The beginning of the year proves to be the best time to come to the country because businesses, states and territories are in such hurry to fill in their organizations with qualified and experienced people like you.

Book us now for consultation.

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Working visa Australia ? https://nowakmigration.com.au/working-visa-australia/ https://nowakmigration.com.au/working-visa-australia/#comments Sun, 07 Jan 2018 11:01:42 +0000 https://nowakmigration.com.au/?p=2438 You need a working visa Australia if you are a skilled individual willing to commence work in Australia ? Are you a skilled person, boasting of a university degree from a reputable school in your country and have worked in some blue chip companies at home but suddenly found yourself without work? ? Then Australia is for you. If you have the work experience that the states or territories in Australia are looking for - more so if you have the required qualifications - your prospects for employment here could not be brighter.

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Are you a highly skilled individual, boasting of a university degree from a reputable school in your country and have worked in some blue chip companies at home but suddenly found yourself without work?

If you are, we are not surprised. You may need a working visa Australia.

Thousands – Nah, make it tens of thousands — of highly skilled, academically equipped (many even have masters and doctoral degrees from top universities and colleges in their country), and amply experienced workers and professionals all over the world are out of work.  Or, if ever they are employed, they are not properly paid according to their qualifications.  Meaning, they are underemployed.

Sadly, there’s an army of unemployed and underemployed workers and professionals out there right at this very moment.

That’s what we mean when we said we are not actually surprised if you are a part of the census because that’s the reality of the world right now.  No, we are not only talking about the countries in the Third World, we are also talking about the so-called developed countries.  Places in Europe, North America and other First World countries are grappling with the same problem for their working population.  There are doctors of Physics, for instance, who should have been working in NASA but end up doing customer service work for some online companies, highly trained educators making do with caregiving work, or electronics and communications engineers accepting carpentry jobs just to make both ends meet.

The list is endless.

If you have been mired in this undesirable situation for so long, the brand new year may finally give you the needed break that you have always been looking for.

Come to Australia

Yes, the answer to your nagging problem is the only island-continent country in the world – Australia.  You may ask yourself: Why have I not thought about this vast country?  Well, we can’t fault you for that.  The Land Down Under has always maintained a low profile despite its enviable stature in the league of nations.  Hence, it goes under the radar for overseas workers like you.

Not anymore.  We at Nowak Migration inform you right now that if you have the skills that the states or territories in the country are looking for — more so if you have the required qualifications — your prospects for employment here could not be brighter.

We tell you this: There’s always an employer willing to sponsor you for a visa if you have these skills and qualifications that are needed in the country these days.

Several working visas Australia to choose from

Yet another piece of good news about Australian working visas is that the Commonwealth government does not only offer one, two or three types of visas for skilled workers like you.  Rather, there’s a long list of visas for you to select depending on your personal situation as a worker or as a professional.

There’s equally a long list of ways to obtain them.  For instance, using SkillSelect, you can be nominated for a skilled visa by a state or territory government in Australia to work in their area of jurisdiction.  If not, an employer here who is unable to find a talent in the local market may nominate you for a type of skilled visa if your skills and qualifications are needed in their company.  If not, the Australian government itself can serve as your sponsor for a working visa.  There are many possibilities for you to be offered a working visa in Australia.  You just need to have the needed skills, qualifications or experiences.

As we said earlier, there’s a myriad of skilled visa types for your choice if you intend to work here.  For starters, you can choose between a provisional visa or a permanent one.  For obvious reasons, the majority of visa applicants would opt for visas that afford permanent residency here.   It goes without saying that permanent residents enjoy better perks than the holders of provisional visas.  But there are applicants that cannot qualify for outright permanent residency, so they would have to settle for provisional visas.  They need not worry, though.  Their problem is also temporary because, if they are able to comply with the requirements of their provisional visas, they may have the option to lodge another application for a permanent one in the future.

Examples of popular Australian working visas

 If we mention about working visas in Australia, certain visa types or subclasses immediately come to the fore.  One of the most popular ones is the subclass 457, which will be replaced by Temporary Skill Shortage (TSS) visa this coming March 2018.  Australia may be a huge country but it lacks skilled workers in certain industries; companies could not just find the right talents from the local market.  That’s why they hunt for their workers from outside the country.  More often, they offer subclass 457 to their recruits.  TSS visa only offers you temporary residency but, again, if you are able to satisfactorily comply with the requirements of this visa, you may have the option to apply for a subclass that offers permanent residency.

If you are the type of person that enjoys living in a laidback environment, away from the cares of the world, there’s a visa type that’s just right for you.  This is called Regional Sponsored Migration Scheme visa subclass 187.  You will be working in what we call regional Australia – these are small cities or towns outside of Melbourne, Perth, Sydney and Brisbane.  Examples of regional Australia are Australian Capital Territory, South Australia, Tasmania, Northern Territory and Western Australia.

A note on SkillSelect

You may wonder what SkillSelect is.  It is an online facility of the government of Australia used to streamline visa applications, thereby helping speed up the process.  If you want to be considered for a work visa, all you have to do is submit an expression of interest (EOI) through this facility.  An EOI serves as a notice from you that you want to be nominated for a skilled visa.  Please note that EOI is not yet an application for an Australian visa.

Through SkillSelect, an employer, a state or territory government or the Australian government itself may nominate you if you are found to be qualified to take on available occupations here that require your skills.

Work with Nowak Migration for your working visa Australia

There are more topics and issues to discuss about work visas. we will not write about all of them now, but don’t be worried – Nowak Migration can accommodate all your concerns about your specific situation in relation to your visa application.

Facilitating the application and approval of your working visa is one of our strongest suits.  We have lost count of the number of clients whom we have helped secure a 457 visa.  And after they successfully satisfied the conditions of their employment and their temporary visas, we helped them obtain permanent residency here. Also, our list of clients who have availed of the RSMS visa has always been on the up and up.  Many immigrants must have grown tired of the hustle and bustle of the city life that they opted to ply their trade in the little towns and cities of regional Australia.  Now they are living happily and peacefully with their families in the state or territory of their choice.

These two subclasses are just some of several visas we help process for our customers.

We bet you would also want to go the way of our happy and contented clientele.  If you choose Nowak Migration, you wouldn’t regret it.  We are full-service firm dedicated to the provision of superior migration services in Australia.  That means, if you have concerns about your visa application or any issues about migration to Australia, in general, we are the company to turn to for help.

You must have heard about people getting ripped off by scammers posing as legit migration agencies.  Not with Nowak Migration!

In fact, we do not believe in wasting your time, much more your money. We will tell you upfront whether you have reasonable prospects of success.  We will not give you false hopes.  While on the phone, we talk through the possibilities open for you, so you will better understand your case and your rights under the migration law and regulations.

If we find that you have a potential to be an immigrant here, that’s the time when we arrange a meeting with you.  You will sit down face to face with one of our veteran consultants to further verify the requirements of your case and advise you accordingly.  If we do not have a qualified professional to speak with you when you call, we will take note of your details and have an expert migration agent call you back the soonest that we can.

When you call Nowak Migration now, expect a friendly staff to spend time with you to identify the area of migration law your concerns relate to and set up a consultation or pass you on to qualified migration agent.

So stop being unemployed or underemployed in your own country or in another country right now.  Give yourself the income, the privileges, and the esteem as a professional or as a skilled worker that you deserve.  Get a job in Australia.

There’s no better time to come here than at the start of this year as various businesses, states and territories are scampering to fill in their organizations with the right people to help achieve their objectives for the year and the succeeding years.

We will wait for your call.  Our hotline is (07) 3668 0658.  Or let us know your situation by dropping us a message through email or via our website.

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Apply for Australian visa https://nowakmigration.com.au/apply-for-australian-visa/ Tue, 02 Jan 2018 09:20:19 +0000 https://nowakmigration.com.au/?p=2369 Apply for Australian visa - how to make it right. 8 useful tips from industry insider for successful Australian visa applications: Give due credence to evidence; Check the consistency of your public records and social media posts; Nail that detail; Honesty is the best policy; Accuracy is another important policy; Be neat and orderly; Follow schedules, deadlines and instructions; Hire the services of a migration agency

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Apply for Australian visa – how to make it right to avoid disappointment.

8 useful tips from industry insider for successful Australian visa applications

More and more people from all over the world are queuing up to apply for Australian visas, more noticeably at this time of the year when people from the north scamper for a place to stay in the tropics to avoid the brutal cold of the freezing winter. We are not talking of hundreds of applicants here but hundreds of thousands.

And if you are entertaining the possibility of traveling to the country one of these days, include yourself in the ever-growing census.

Many are lucky enough to apply and secure Australian visas of their choice, but a good number also suffer the misfortune of being refused.  No, we are not talking about dubious and fraudulent applications; we are talking about simple mistakes and misunderstandings that could have been avoided given sufficient advice and assistance.

Compounding the problem is the fact that the Department of Home Affairs, the government agency tasked with the screening of visa applications, is no longer as considerate as before, especially after the 9/11 aftermath.  And the reasons are obvious: The government sees to it that what happened to the United States does not happen here.  In fact, many industry insiders say they could no longer interact with the personnel of the department the way they could do pre-9/11 era.

Indeed, times are a-changing, so goes a popular song.  What was applicable before no longer holds true today.

Against this backdrop, it is more important and urgent that you know the tips to make your application for an Australian visa successful.  Needless to say, getting your application turned down by the department is costly.  Yes, the potential amount that’s certain to go down the drain is nothing to sneeze at.  Add to that the time and effort that you put in at gathering the required documents, organizing such documents, talking to various resource persons who might be of help to you, submission of the application, responding to queries from DIBP, etc.

Complying with the required documents is just a small fraction of the process.  You need the help of someone or some organization that knows the process – what the DIBP wants and how the system operates.

We know, we know: You don’t want the mistakes of other applicants to befall you.  And who would?  It is for this reason that we are writing this article.  The pointers that will follow come straight from the horse’s mouth, so you better sit up and take notice.

Give due credence to evidence

Nowhere is the significance of proof or evidence more prominent and critical than when you apply for Australian visa.  And nowhere is it more strongly required than in the application of an Australian visa.  Like we mentioned earlier, after the occurrence of 9/11, the DIBP became more stringent in the issuance of visas.

And if you are looking at securing a family, business or work visa, be prepared for a more rigorous procedure at substantiating those evidence.  Visa types of such nature require solid proofs.

It goes without saying that your relationships with your dependents or maybe with your sponsor need to be established, your qualifications, as well as your employment records, require validation and your assets need to be demonstrated that they are truly yours.  In fact, everything you declare needs to be supported by evidence.

Not only that – your own word holds less water than the information provided by other sources, especially third-party ones.  It’s like saying some sources of proofs are more dependable and honored than others.

A few classic examples of these are your bank records, income tax returns and pay slips from your company if you are working.  And if you applied for a skilled visa and have yet to receive the required certification, you ought to provide proof that you have applied for it such as the receipts and dates of application.

Between a government-issued document and a privately issued, the former carries more significance than the latter, for obvious reasons.

If you are aiming for a business visa, you need to prove that you are wealthy.  Being wealthy here means that your money should be under your name and not in some trust.  This is where some applicants run into trouble sometimes, especially if they are maintaining complex trust setups and complicated company arrangements.  This is really worth paying attention to.

As regards partner visa, the DIBP demands proof of lasting and genuine relationship, for reasons you and us very well know.  Joint bank accounts can help establish this relationship as well as detailed and accurate accounts from friends, family, and relatives.

Follow us on facebook if you like it here, so you’ll be first to know about updates on this page.

In this age of social media, your posts on Facebook, Instagram, and other sites may likewise serve as an avenue to demonstrate the genuineness of your relationship with your partner.  Some industry experts go as far as recommending that you update your social media accounts often: load them with messages, photos, videos and what have you.  By so doing, you are sending a strong signal to the DIBP officer reviewing your application that you are serious about the relationship and that you care about the visa you’re applying for.

Check the consistency of your public records and social media posts

Not only do you need to load your social media accounts with updated posts, you need to see to it also that your entries in your accounts correspond with the information you have in other sources such as your records from your schools, the companies you worked for or the organizations you used to be affiliated with.  Even the information you provided in your previous visa applications is matched against other available information about you.  Please note that your case officer will go to great lengths to check on them.

Issues that usually crop in this regard involve religious beliefs, gender orientation, race, cultural background and other similar concerns.  In an attempt of the applicants not to be bashed or trolled on the web, they would hide their true identity.  For instance, they would claim to be Christians when, in reality, they are Muslims.  Instead of admitting they are gay, they would say they are straight men or women.  This may not necessarily result in the outright refusal of your application, but this can create unnecessary complications in the process, which sometimes cost you pointless expenses, most especially in legal fees.

Nail that detail

Paying attention to details may sound simplistic to you, but this is still worth mentioning here.  In fact, this constitutes one of the main reasons your visa applications either get delayed or turned down altogether.  Mistakes on dates, inconsistency on the information you provide versus those coming from other sources (as we have just mentioned a while ago), inaccuracies on your data, not following instructions, not abiding by the process, etc. all contribute to adverse outcomes.

Apart from that, Australia offers many subclasses of visa, some types are quite close to the others in terms of categorization.  Not only that — each visa type has specific rules and conditions under it.  In short, you need to make sure that you choose the right visa.  For instance, if your intention in coming here is to stay permanently, you cannot use a tourist visa.  Obviously, the last thing you need to do is to breach the conditions of your visa.  That would have dire consequences on your stay here as well as the status of your other visa applications in Australia in the future.

Indeed, if you are not careful in choosing which type of visa fits your intentions, qualifications and supporting documents, it spells trouble.  Chances are that your visa may be canceled or that you may be barred from entering the country.  Hence, we cannot emphasize better the importance of having a nose for detail.

It’s not only you who can be guilty of such infraction, so is your nominating employer or sponsor.

Honesty is the best policy

This may be cliché but nothing beats honesty especially when it comes to the application of a visa.  The advice of most – if not all — industry experts is: Be honest.  Period.  Even if some facts about your life involve criminal convictions before, you need to disclose them.

The consequences of those found to be lying can be disastrous.  Sometimes, it can mean an imposition of a ban for you from future visa applications depending on the severity of your case.

Again, in this age of rapid technological and computer advancement, it’s not wise to hide unpleasant information or personal events and incidents about yourself even if such things had occurred several years ago.  The officers at the department of immigration have a way of finding them out.  We need not tell you that you are up against the Australian government.  And who said the Australian government is an idiot?

Therefore, you cannot take chances nor take things for granted.  Remember: providing spurious documents is a sure way to earn a quick, well-deserved refusal.

Accuracy is another important policy

Another everyday rule that’s often overlooked and infringed on is accuracy.  This is related to the earlier tips on paying attention to details and on being consistent with your public records and social media entries.  But this is worth mentioning here because of the frequency that it is being disregarded.

How many applications have hit a snag because of minor and innocent mistakes?  We lose count.  It’s a shame because these could have been avoided if the applicant is careful and vigilant.  As some industry insiders love to say, you can’t just settle for 99% accuracy.  You need to make it 100%.  Yes, check each and every detail of the application. And this is a non-negotiable imperative.

So vital is the need for correctness that some immigration agencies require their clients to hand over their smartphones and personal computers to them so that their staff can assure that no inaccuracies can get through the documents they would submit to the department.

Be neat and orderly

When it comes to submission of documents, especially if there’s a ton of them, neatness and orderliness come second to none.  There’s nothing worse than submitting sets of documents in all sorts of arrangements and classifications.  Put yourself in the shoes of the department assessor who will review your application and see how you’d feel.

If there are documents that need to be arranged chronologically or certain elements in them need highlighting, or entries that require translation or digital files on your email and social media posts that need downloading or printing, by all means, do them.  Not only will your life become easier, it makes the life of your case officer easier, too.  On top of that, it helps you with record keeping and locating documents, especially in cases where you are required to resubmit certain documents.

Best of all, it helps your application move faster and easier.

One more important thing: Keep a record of the documents you submit.  This can help in monitoring all your submissions as well as in resolving disputes should they arise.

Follow schedules, deadlines, and instructions

You cannot just submit your requirements at any time you want.  Owing to the volume of work that the DIBP is processing every single day, the department can be unbending on their rules and timetable.

One classic example that comes to mind is the requirement on passing an English test.  The result of this test needs to be submitted in the first part of the application.  If you do it otherwise, you may find yourself in a tight fix.  Even if you hurdle the English test with excellent scores, your application can still be turned down for not following instructions on the order of submission.

You may not believe it but missing a deadline even by just a day can also ruin an entire application.

Hire the services of a migration agency

Do you find the task of obtaining a visa daunting?  We bet that you do.  It really is daunting!  It exacts from you much of your time, effort and resources.

Fortunately, there’s a way for you to free yourself from all of these hassles: Find a dependable migration agency and hire their services.

Migration agents provide you with expert advice as to which visa to apply for based on your needs and qualifications, assist you in the preparation of the required documents and evidence, help you in lodging your application and make the needed follow-ups at the department.  They know the ins and outs at the DIBP, so their help is quite valuable.

No less than the Department of Immigration and Border Protection acknowledges the important role of migration agents in making the whole process faster, easier and smoother.

But beware: Not all migration agencies are created equal.  First off, there are registered agents as there are unregistered ones.  The latter have been known to defraud clients like you.

Needless to say, choose the one that’s registered.  The DIBP maintains a list of registered migration agents on their site.  Hence, you can always check if an agent is officially registered online, and, should you decide to avail of their services, ask for their registration number.

DIBP requires registered migration agents to abide by a code of conduct as well as perform with competence and professionalism.

Speaking of a registered and highly regarded veteran migration agency in Australia, Nowak Migration ranks high on the list of migration agencies here.  Our company can very well provide you with whatever assistance that you may need.  In fact, we can take care of everything that you need if you don’t have time to lift a finger on your application.

If, for instance, you intend to undertake business in the country, here are some of the services that we can offer you:

  • We can do research on a location of your choice for potential business and investment ventures.
  • We will assist you from the submission of your expression of interest (EOI) to following up the concerned department at DIBP until the release of the invitation for visa lodgement.
  • We will coordinate with the state or territory government of your choice so that you will get the coveted nomination from them.
  • We liaise with migration and business lawyers if you need legal help.
  • For your bookkeeping and accounting requirements, we closely work with topnotch accountants and experienced business brokers.

If you have needs that are not mentioned here, please let us know and we will provide them to you.  You’re right: If you choose Nowak Migration, there’s nothing more you could ask for.  Our company is a veritable one-stop shop for everything involving Australian visa and migration.

So what are you waiting for?  Call us now at (07) 3668 0658.  If not, send us a message through email or via our Facebook page.

You can either hire us now or book us for consultations.

Before we forget, please share with us your opinion on our topic in the comments box below.

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Australian visa details check for employers https://nowakmigration.com.au/australian-visa-details-check-employers/ Wed, 29 Nov 2017 00:11:24 +0000 https://nowakmigration.com.au/?p=1904 Businesses that are employing workers from overseas must check the visa work entitlements of their prospective or current employee. If in doubt it is always the best idea to talk to a professional - a migration agent who can and explain all the conditions of the visa. Give us a call if you need any advice.

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Checking employees visa details

Business entities and other organizations in the country that are employing workers from overseas always grapple with this question: Is my business at risk when employees change visas?

And if you happen to be an owner or a manager of such a company or organization, this question always pops up in your mind, at least should – if in doubt it is always the best idea to talk to a professional – a migration agent who can check the work entitlements of your prospective employee and explain you all the conditions of his or her visa. Give us a call if you need any advice.

But before we go any further as to the ramifications of an employee changing visas while still working for you, let’s discuss first checking of visa details using VEVO.

The problem, though, is it’s easier said than done: the act of checking the details of each and every visa of the people under your care and the visas of your applicants proves to be a laborious process, what with the number of visas you had to look into.  Add to that the fact that there are many types of visas issued by the Australian government.  On top of that, each type of visa contains various conditions and limitations.

Imagine yourself running a business and attending to the visa concerns of your overseas hires.  It’s arduous, to say the least.

 VEVO makes your life easier

But with VEVO, you can now kiss goodbye to that one pain in your neck.  But, before anything else, what is VEVO?

VEVO stands for Visa Entitlement Verification Online.  As the name connotes, it is an online facility of the Department of Immigration and Border Protection (DIBP) used in checking the current visa details of your workers and job-seeking visa holders.

You don’t need to register to the app or program to be able to use it.  All you need are the details of the passport or ImmiCard and one of the reference numbers that the DIBP gives you.   The reference number can be any of these:

  • Transaction Reference Number (TRN)
  • visa grant number
  • visa evidence number
  • password

How does VEVO work?

Having the details of the passport or ImmiCard of your worker or an applicant, together with the reference number, you can now open the VEVO service by accessing VEVO for Visa Holders.

Please don’t forget to check the box reserved for your agreement to VEVO’s terms and conditions and then click the Submit button.

After that, choose the reference number type you prefer to use.  You can use the pull-down menu for this purpose and click the field that contains your choice.

The next thing you need to do is to enter the date of birth, passport or ImmiCard number and the country that issued the passport.  If you are using the ImmiCard, you have to choose Australia.  There’s another pull-down menu for this purpose that you can use.

What can you search at VEVO?

If you access VEVO, you can find the following information related to your visa or the visas of your employees:

  • Category selected
  • Visa description (temporary, permanent)
  • Passport/immicard number
  • Visa class subclass
  • Visa holder type – primary or secondary applicant
  • Visa grant date
  • Visa expiry date
  • Current Location either inside or outside of Australia
  • Visa status
  • Entries allowed
  • Initial stay date
  • Must not arrive after
  • Enter before date
  • Purpose of stay
  • All conditions applicable to your visa in plain English

Please take note, however, that VEVO only provides details for current visas. It cannot provide data on previous visas.  Moreover, you can only use the service if the information on the visa you’re checking is available electronically in the systems.  Otherwise, your effort becomes futile.

In fact, there are foreign nationals, especially the permanent residents that migrated to the country before the 1990s and have not gone out since, who may not have record in the department’s systems.

How VEVO looks like

The entries on page one of VEVO appears similar among all types of visas.  We are referring to the searchable information listed above such as visa class or subclass, visa description, visa grant date, etc.

The major differences come on page two and the succeeding pages if any.  Page two onwards contains the conditions attached to a particular type of visa – for instance, the activities that the visa holder can and cannot do while staying here, their work rights, the time limitations, and so on.

Let’s take, for example, working holiday visa (417).  We know that this visa is a short-term, temporary visa with time limits.  In particular, it is valid for 12 months.

On the second page of VEVO for working holiday visa, these details will appear:

  • Condition number 8547 — In the case of 417, the holder must not be employed by one employer by more than 6 months without prior written permission from the Secretary.
  • Condition number 8546 – the holder must not engage in any studies or training for more than 4 months.

Another example that we can cite here for the purpose of demonstrating the usefulness of the online facility is the student visa.  Again, the first page of VEVO looks the same as that of the working holiday visa.  But the similarity ends there: the student visa has 2nd and 3rd pages containing visa limitations.  And, more often than not, the limitations revolve around employment.  The most prominent condition here says: The student must not engage in employment when studies have not commenced yet.

You can also find here an explanation about the fortnight, namely that it consists of 14 days starting on a Monday.

Yet another type of visa that we can use as an example in our discussion is another kind of student visa, but this time the holder is a secondary applicant.  In this case the name of the primary or main visa holder should appear in the VEVO.

Common Issues on Visa Conditions and Visa Change

It’s worth discussing Partner Visa in this article because of that type (of partner visa) that gives provisional condition to the holder to stay in Australia.  And the operating word here is PROVISIONAL.

This type of partner visa is issued for the purpose of meeting eligibility requirement.  The permanent type of partner visa may be granted two years after the temporary one has been issued to make sure the relationship between the visa holder and the sponsor or main applicant is genuine.

One entry on the visa that you have to watch out for is whether the visa holder is the primary or secondary applicant.  A secondary visa holder who’s working for you may pose some issues later especially when the primary or main visa holder decides to break up with the dependent visa holder such as a spouse or partner.

Generally, the main visa holder would report to the department the breakdown in relationship and the department would cancel the visa of the dependent.  In most cases, you wouldn’t have any idea about this occurrence.

Bridging visa may also pose some issues among your visa-holding population.  This visa is issued when a substantive visa expires and the application for another substantive visa has not been granted yet.

Let’s always keep in mind that bridging visas are not always automatic when it comes to transferring the work rights of the holder from the expired substantive visa to the bridging visas, hence it is always wise to check the status of the bridging visa online.

There’s also the concern about where to work in Australia.  Certain visas allow holders to work only in regional Australia like RSMS visa subclass 187.  It goes without saying holders of subclass 187 cannot take on occupations in areas not included in the regional postcodes.

Another factor worth looking into concerns the computation of the six-month limitation on working holiday visa.

In all of these situations, it is highly suggested that you check the details of the visas your employees are holding so as to avoid complications with the department.

In our experience, most employers, like you, understand the need to check visa details but find no time to monitor them once employment starts.

We cannot highlight enough the extreme importance of the process of checking the status of the employees’ visa.  The good news is, you now have VEVO at your disposal.

Price of non-compliance

Migration Act deems it a criminal offense on your part to willingly and recklessly allow an illegal non-citizen to work and continue to work in your organization or company in breach condition.

Who are considered illegal non-citizens?  They are:

  1. Non-citizens who do not have a visa
  2. Non-citizens who have a visa but are working in breach of the conditions of the visa they’re holding. An example of this is a visit visa holder who has no work right but is still allowed to work.

If the department finds you guilty of non-compliance with Migration Act, the consequences vary from relatively minor punishments like enforcement of infringement notices or civil penalties with financial implications to major outcomes such as criminal prosecution.

How to manage compliance issues

One basic recommendation that we can put forward is for you to maintain an updated database of your visa holding workforce.  This does not only contain the visa descriptions or expiry dates of the visas but should include vital information such as their work rights, visa conditions, etc.

You may also require your employees to inform a particular person in the organization concerning changes to visa status.  In relation to this, you may get permission from them to check the status of their visas regularly.  Furthermore, we recommend that you do it not less than every three months.

For those individuals who are on bridging visa and those who have informed you that their visas are still pending, you may monitor them every 28 days.

Many questions still beg to be answered as regards checking visa status on VEVO and the possible risks on your business or organization of employees changing from one type of visa to the other.  We know so much is at stake here if you miss addressing some vital issues in the process.

For this reason, we invite you to get in touch with us at Nowak Migration.  This way, we can have more time to discuss your concerns.

If you find this article helpful and informative, please share it with your friends and family.  We will certainly appreciate it.

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Skills assessment for Australian visa https://nowakmigration.com.au/skill-assessment/ https://nowakmigration.com.au/skill-assessment/#comments Sat, 18 Nov 2017 04:09:15 +0000 https://nowakmigration.com.au/?p=1796 Skill assessment is a process in which your work experience and qualifications are checked and compared to Australian standards by a relevant assessing authority. It might be required if you are going to apply for one of the skilled visas based on your work experience. Check this article for more information.

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What is skills assessment?

If you are applying for a skilled visa, your skills and qualifications might need to be checked and compared to Australian standards by a relevant assessing authority. There there are many assessing authorities, and depends on the job that you nominated.  Yes, you have to choose a job first before commencing an assessment. Once you will make a decision about what kind of job you’ll nominate for an Australian visa then you can undertake the skill assessment process. One important point to remember here is that the job that you choose should be part of the list of skilled occupations that are up for an application, you cannot just present any job of your choice; your nominated job should be found on the relevant list of occupations we’ve just mentioned.

First of all, you must understand that all the jobs in Australia are sorted and defined by an Australian Bureau of Statistics and every job has been given its own 6 digit ANZSCO code.

Another point to take into consideration is this: You can submit more than one skill and, as such, apply to several skills assessing bodies.  This way, you choose which one is the most suitable skills assessment for you.  For this reason, you need to make up your mind as to the occupation you choose to nominate because you can no longer change it the moment you are invited to apply for a Points Tested Skilled Migration visa.

The basic premise of the assessment process is that you have to provide proof that your skills and qualifications have been evaluated as suitable by a relevant assessing authority based on the professional standards of your nominated occupation.

Please take note also of the expiry date of the skills assessment.  It is valid within the expiry date indicated on it, or after a period of three years from the date of issue, whichever comes first.

Who undertakes skill assessment?

As we have said earlier, each eligible occupation has its own assessing authority.  Therefore, each of the assessing authorities has its own standards, procedures, timelines and even charges.  It’s your task to contact the relevant assessing body so you can undergo skills assessment before you submit your expression of interest in the SkillSelect.

How are your skills assessed?

Some assessing bodies put a premium on post-secondary qualifications, such as university or trade, for you to obtain a positive skill assessment. For some types of occupations, however, work experience may be sufficient. It’s paramount to check what’s the ANZSCO Skill Level for your occupation because some assessing authorities will not accept work experience on behalf of formal study. Sometimes you may proceed with a Recognition of the prior learning and then go ahead with formal skills assessment. To be honest with you it’s quite complex and you’ll have to know what kind of visa you are going to apply for because that may determine the type of assessment as well. It’s especially important for the trades – whether you are applying for 457, 485 or another skilled visa assessment requirements are different for the same occupation. Your country of origin may have an impact as well. Simple, isn’t it? Yeah, I know, it’s not. We did many, so – give us a call  should you require any help with getting your skills assessed, we’re here to help.

One good thing about these skills assessing authorities is that before lodging an assessment you may be able to get an advice from a relevant assessment body about the qualification requirements for the occupations they assess from their website, sometimes they’ll even give you some advice over the phone.

You may be tempted to ask the assessing authorities about employment opportunities in the country.  Unfortunately, they cannot be of any help to you on this.  They are assessing organizations not employment agencies.  They cannot even give you information as to the failure or success of your visa application.

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What to attach to your skill assessment application?

In most casethe s assessment is based on documents provided by the applicant. You’ll have to organize and provide various documents such as:

  • documents from the school you have completed. Usually diploma and transcript are sufficient, however, sometimes syllabus is required to ensure your schools standard could be compared to Australian Qualification Framework on a required level.
  • references from your employers
  • contracts with your employers
  • proof your work was paid such as:
    • payslips
    • tax assessment
    • bank account statements
  • resume
  • for trade occupations, some photos and/or videos might be deemed necessary

After a positive outcome of the skills assessment, you’ll be awarded a document confirming your abilities are the same as of any Australian with the same job.

What to do with a negative response from skill assessment authority

Sometimes assessment body will not be satisfied with your qualifications and experience and they’ll refuse your application or will give you a document stating different occupation than you have applied for. Sometimes it’s possible to argue with them (for an additional fee obviously) or you’d have to apply again and provide with additional documents. You’ll waste a lot of time and money. Choosing the right occupation is probably the most important factor when checking your eligibility for a visa, we have assisted many so we can take care of your migration process as well. Give us a call to discuss your options.

What is the skills assessment for?

After going through the skills assessment process and you have already chosen the occupation that’s most suitable for you, it’s time to lodge the visa application. All you have to do is provide a copy of the skills assessment suitable to you that’s done by a relevant assessing authority for your nominated occupation. Attach this document to your application.

No surprise this document may also help you convincing prospective employer to give you a job as they are usually asking if you have any Australian experience. If you don’t have any Australian work experience at least you may show them official document showing your abilities are comparable to Australian ones.

Obviously, this article is too short to answer so many questions nagging your mind right now.  Don’t you worry, our company Nowak Migration is always willing to provide answers to such questions and more.  All you have to do is to keep in touch with us through any of the contact information found on our website.

What is SkillSelect?

SkillSelect is an online facility utilized by the Australian government to manage its skilled migration program.  It sees to it that said migration program serves the economic needs of the country.  For this reason, it screens the applicants for skilled migration and finds out who are eligible for skilled visa application, when they can apply and how many skilled workers are needed.  This facility significantly reduces the time taken to process a visa application.

Another function of the website is to help solve the shortage of skills in the regional areas of the country where applicants are oftentimes in short supply.   In the application form, applicants are asked if they are willing to work in businesses of the potential employers whose operations are located in the so-called regional Australia.  In case you don’t know what regional Australia is, it consists of the towns, small cities or areas away from the big and popular cities of Sydney, Brisbane, Melbourne and Perth.

To be specific, here are the places that make up the regional Australia:

  1. The entire Australian Capital Territory
  2. Entire Northern Territory
  3. Entire state of South Australia
  4. The Entire state of Tasmania
  5. Western Australia except for Perth metropolitan area
  6. New South Wales except for Sydney, Newcastle, and Wollongong
  7. Queensland except the greater Brisbane area and the Gold Coast
  8. Victoria except for Melbourne metropolitan area

Employers who have difficulty finding the right talent for their businesses find an ally in the SkillSelect.  Also, states and territories that need skilled people in their areas of jurisdiction can turn to this online service for help.

As you can see choosing the right occupation is probably the most important step in the whole migration process. If done wrong chances you’ll get your visa are slim. We’re here to help, so don’t hesitate to give us a call to discuss your situation.

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Can RSMS visa be canceled? https://nowakmigration.com.au/can-rsms-visa-be-canceled/ https://nowakmigration.com.au/can-rsms-visa-be-canceled/#comments Tue, 14 Nov 2017 09:50:21 +0000 https://nowakmigration.com.au/?p=1779 Regional Sponsored Migration Scheme (subclass 187) visa, more popularly known as RSMS visa, can be canceled, which may lead to your deportation or removal. Check this article to learn more.

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Can RSMS Visa be Canceled?

It’s important to highlight at the outset that a visa – not just the RSMS subclass, but any type of visa, for that matter – serves as a permit for you to enter and leave a country of which you are not a citizen.  As such, it carries certain conditions that you must follow while you are in the territory of the issuing country.  Furthermore, failure on your part to abide by those conditions will result in some forms of punishment, and one of those is the cancellation of the visa.

We think it’s just normal and fair.  The host country proves generous and hospitable to you but you fail to hold up your end of the bargain, it’s just but proper that the former cuts the deal short.

So, yes, a Regional Sponsored Migration Scheme (subclass 187) visa, more popularly known as RSMS visa, can be canceled, which may lead to your deportation or removal.

As to the circumstances leading to its cancellation, let’s discuss them in a bit.  In the meantime, let’s talk about one of the most common questions RSMS visa holders and applicants throw at us: Do I need to stay with my employer for two years?

Do You Need to Stay with Your Employer for Two Years?

Indeed, are you required to serve your sponsoring employer for two years after the visa is approved?

Please bear in mind that in the visa application form, you are required to declare your intention to work in the nominated position for at least two years.  This goes without saying that when you file your application, you hold the intention to work for the nominating employer in your capacity as stated in the agreement for at least two years after the visa is granted.

It requires further that you maintain the same intention until the decision on your application is handed down.  If, however, in the event that you change your mind before the filing of your application or while the application is being processed and you no longer want to honor the stipulation on the agreement, you should do either of the two options:

One, don’t lodge the application if you have yet to submit it.  Two, you inform the Department of Immigration and Border Protection (DIBP) of the sudden change of plan.

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Reason for RSMS Visa Refusal

One common reason the Australian government turns down your application is when you, as the applicant, or any member of the family you include in the application or even third parties acting on your behalf provide – or have provided in the past applications – false or misleading information or fake documents either wittingly or unwittingly.  Not only that: you may be subjected to a three-year ban from obtaining the visas affected by the fraud.  If a visa has already been granted, it may be canceled.

Cancellation of Regional Sponsored Visas

Let’s now discuss the reasons why RSMS visas are canceled.

First off, section 137Q of the Migration Act 1958 empowers the DIBP to cancel RSMS visas (subclass 187) under certain circumstances.  But two reasons stand out among the many as to why such visas are canceled.  These are:

  1. you do not start working in your nominated position within six months from the date of the granting of the visa, or you fail to convince the DIBP that you have made a genuine effort to start working in the position you are supposed to undertake within six months after entering the country.
  2. you start employment but you terminate it within the first two years and you fail to satisfy the DIBP as to your effort to remain in your sponsored job for the prescribed two years.

How Can the DIBP know?

In most cases, your employer serves as the trusted source of the immigration people in finding out that you have been remiss in observing the stipulations on your visa.  They will be the one to inform the proper authorities that you either fail to commence employment or you end your employment before you have completed the prescribed two-year length of service.

Apart from your employer, the other sources of information of the DIBP may include other government departments and line agencies such as the Australian Securities and Investments Commission, Centrelink, Australian Taxation Office and others.

As a visa holder, you are not obliged to inform the Department about the termination of your employment.  Hence, it’s the government agency tasked to oversee the status of non-citizens living in the country that would determine your case.

How Is ‘Genuine Effort’ Assessed?

In case the DIBP decides to proceed with the investigation as regards your case, they would look into the following compelling and compassionate considerations:

  1. They would weigh the reasons that have caused your failure to commence work or to complete the two year employment period. These reasons may be family-related or just your personal circumstances.
  2. They would also consider the possibility that you, in collusion with your supposed employer, do not intend to start work within the six month period or resign shortly after commencing work, as part of a set-up for you to enter and remain in the country.
  3. If termination does happen, the period of your employment with your sponsor prior to termination of the employment is also scrutinized. If it’s proven that you have served in your employer for more than 12 months, they may see it as a genuine effort.
  4. Any other factors affecting the commencement or termination of the employment are likewise examined.

Having said that, it’s also worth discussing the other important matters as far as the implementation of section 137Q is concerned:

  1. If you have stopped employment on “reasonable grounds,” the law requires you to give your employer reasonable notice.
  2. The Department cannot conclude that you have not made a genuine effort if your failure to start your work or your termination of employment was due to circumstances beyond your control (such as your employer’s financial woes, bankruptcy or closure of the business).
  3. The Department can only decide that you have not made a genuine effort if you intentionally damage or sabotage your employer’s business to cause the dismissal.

In conclusion, the policy states that decisions made under S137Q are to be resolved between the Department and you, the visa holder.  The employer who nominated you can provide information to the Department but they do not have a say in the decision-making process.

If it will come to the point where the DIBP considers the eventuality of canceling your visa, they will need to contact you to give you the chance to present your side of the story.

After everything is said and done about the matter, the government of Australia remains considerate and forgiving even to those who have supposedly not been transparent and faithful in their intentions of applying for the RSMS visa or other visas for that matter.

RSMS visa is one of the most popular subclasses of Australian permanent visas there are.  We’re pretty sure you have several questions about it in mind, especially where visa cancellation is concerned.  In that case, please don’t hesitate to give us a call or contact us at Nowak Migration.  We’re only too happy to assist you with your concerns regarding your visa, in particular, or migration, in general. Feel free to leave a comment or ask the question below the article, and don’t forget to subscribe to our newsletter.

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