by Shakenovsky & Associates | May 3, 2022 | News
Immigration Breaking News
The new PR Pathway is for 457/482 visa holders through the Temporary Residence Transition Stream is a political promise by the Liberal Federal Government subject to no change being made by a new Labour government, should Labour win the national elections later this month (May 2022) and choose to change the law, which only becomes effective on 1 July 2022. We have to wait and see what happens.
This new change is pursuant to- Reg 5.19 (5) (a)(iii) “for a person specified in a legislative instrument made by the Minister for the purposes of this subparagraph–a Subclass 482 (Temporary Skill Shortage) visa in the Short-term stream” The remainder of Regulation 5.19 remains unchanged.
- A person who held a 457 or was an applicant for a 457 that was subsequently granted;
OR
- Had been in Australia for at least 12 months between 1 February 2020 and 14 December 2021(the “Covid Period”);
AND
- At the time of the application is employed by a person actively and lawfully operating a business in Australia.
Interpretation of the Criteria
The Applicant for the Transitional ENS Subclass 186 must:
- Have been lawfully residing in Australia for at least 12 months during the Covid Period (no mention of type of visa or working requirement- just lawful presence in Australia);
- Be on a 482 Short Stream Visa occupation for at least 3 years with the same 482 Sponsor at time of lodging the ENS Application. This may require current 482 visa holders to apply for a further 482 Visa in order to comply with the 3 year requirement. The applicant must meet 3 out of the past 4 year full-time work requirement for the Sponsor with the exception of Covid allowed reduced hours which will count as full-time work.
Note: Can only apply for up to three (3) 482 visas onshore-
Sunset Clause: You cannot apply for a 3rd onshore 482 visa after 1 July 2023.
Covid-19 Reduced Work Period
From 1 February 2020 any covid reduced hours, until otherwise advised by Immigration, will be considered as full-time.
Age Exemption for ENS TRT
Reg 186.221(b) allows an exemption from the age requirement for specified persons, in this category being legacy 457 workers.
Definition of a Legacy 457 Worker
Means a person who:
- held or applied for a subclass 457 visa on or after 18 April 2017; and
- was in Australia for at least 12 months between 1 February 2020 and 14 December 2021 (the “Covid Period”).
No age limit has been specified for Legacy 457 workers in this Instrument.
Schedule 3 – Third onshore application for 482 visas
This amendment allows 482 holders to apply for a third 482 visa onshore where they:
- were in Australia as the holder of a 482 visa in the Short-term stream for periods that total at least 12 months between 1 February 2020 and 14 December 2021; and
- make that further application before 1 July 2023 unless the Minister specifies a later date.
Please note that this sunset clause period of 1 July 2023 may require you to apply for your third 482 Visa Application prior to 1 July 2023 to ensure you meet the 482 3 year visa requirement with the same employer”.
by Shakenovsky & Associates | Nov 26, 2019 | Blog
The Australian Government is increasing the total number of regional places from 23,000 to 25,000 in 2019 – 2020. So, there are now thousands of Regional Migration visas available due to the unprecedented growth (124%) in the number of regional visas granted.
As we mentioned in a previous blog post, Perth and the Gold Coast are now classified as regional zones, not major cities. This helps to ensure they are attractive locations for skilled migrants and international students.
Regional Incentives Include:
- Access to the dedicated 25,000 regional places.
- Priority processing on regional visas.
- Access to the Regional Occupations List – more jobs compared to non-regional lists.
- International students studying at regional universities will be eligible to access an additional year in Australia on a post-study work visa.
- Another exciting update is that international university graduates living in these locations will be eligible to apply for more time in Australia on a post-study work visa.
Major cities: Sydney, Melbourne and Brisbane.
Cities and major regional centres that receive regional incentives: Perth, Adelaide, Gold Coast, Sunshine Coast Canberra Newcastle/Lake Macquarie, Wollongong/Illawarra, Geelong and Hobart.
Regional centres and other regional areas: All other locations
- Access to the dedicated 25,000 regional places.
- Priority processing on regional visas.
- Access to the Regional Occupations List – more jobs compared to non-regional lists.
- International students studying at regional universities will be eligible to access an additional 2 years in Australia on a post-study work visa.
- Priority in negotiating region-specific Designated Area Migration Agreements (DAMAs).
WHAT TO DO NEXT AND HOW TO APPLY
If you are searching for help with Regional Migration visas (subclass 491 or subclass 494) contact us today.
- Direct call on (+61) 2 9299 0255
- Send us an email richard@rslawyers.com.au
We will assess your situation on an individual basis and provide you with the best advice. Learn more about Regional Migration here.
by Shakenovsky & Associates | Nov 26, 2019 | Blog
There are many reasons to work with a lawyer to protect your rights if you’re being prosecuted for a criminal offence. Here are seven reasons to choose Shakenovsky & Associates lawyers to protect yourself.
Most people are unfamiliar with the process and are not sure of the best way forward to receive the best possible outcome. Regardless of the severity of your charge, whether it be drug possession, common assault or robbery we can help you.
PROVEN TRACK RECORD
Shakenovsky & Associates consistently achieve positive results for our wide variety of clients. We cover immigration law, criminal law, commercial law, employment law and family law.
Our legal team is comprised of several lawyers offering more than 38 years of combined experience. We create effective strategies and we work hard so cases are either dropped entirely or charges are downgraded – saving you time, expense and stress.
Where our clients wish to plead guilty, we are particularly skilled at achieving ‘dismissals’ and ‘non-convictions’.
ETHICAL COMMITMENT
Our reputation is built on competence, impeccable ethical practices and successful outcomes. We establish strong relationships with our clients, based on mutual respect, honesty and trust. Our aim is to care for our clients and their matters at hand.
THOROUGH AND RESPONSIVE SERVICE
Personal service is in our DNA. We are always available for your immediate needs and we look at helping you as a partnership. We are with you until the end and we keep you informed every step of the way. We work with both local clients in Australia as well as with international clients. They can attest that we work around the clock responding to emails after hours, on weekends and public holidays. You are never left waiting or worrying.
SUPERIOR KNOWLEDGE
We have skilled professionals with extensive experience across legal and humanitarian issues. If we do not have the answers, we will find them, or refer you to appropriate experts who do. We surround ourselves with Solicitors and Barristers of high repute and competence with whom we have built sound relationships and upon whom we seek second opinions if the need arises. This way, we ensure our clients receive the correct and best advice. Learn more about our team and their experience.
CLIENT SATISFACTION
We provide practical and strategic advice and services to a diverse range of clients including international and local companies, large corporations, small businesses, individuals and family businesses.
We offer the perfect combination of large legal firm credentials with personal service we take very seriously.
Our highest priorities focus on accomplishing your goal and we do that through immediate communication, accessibility and high quality of service.
We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive at any time.
We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.
You can hear from some of our clients themselves through their testimonials.
A PROFESSIONAL TEAM OF LAWYERS HERE FOR YOU
As our client, you will benefit from the extensive knowledge and experience that only we provide. The law is always changing and we have first-hand knowledge of how it will affect you and your case. We are constantly researching and checking to ensure we’re applying the most up-to-date information to your case for the best possible results.
All of our clients receive the benefit of several lawyers strategising and executing case details to maximise the chances of approval, having cases dropped or downgraded at an early stage when in court often saving our clients cost, time and stress.
FAMILIAR WITH MAGISTRATES AND JUDGES
We appear in court on a regular basis and we have done so for years. We have extensive experience and rapport with magistrates and judges in Sydney helping to ensure your case is well heard and received.
WHAT TO DO NEXT AND HOW TO APPLY
If you are searching for help with legal services including business and commercial law, criminal law, employment law, family law, commercial and civil litigation and estate planning contact us today.
- Direct call on (+61) 2 9299 0255
- Send us an email richard@rslawyers.com.au
We will assess your situation on an individual basis and provide you with the best advice.
by Shakenovsky & Associates | Nov 26, 2019 | Blog
The new 5 year visa for skilled regional workers commenced 16 November 2019 which opens up new opportunities for thousands of migrants looking to live and work in Australia. The new Skilled Work Regional (Provisional) visa (subclass 491) is for skilled workers who want to live and work in regional Australia and can then apply for a Permanent Residence (Skilled Regional) visa (subclass 191) once they meet the requirements needed. You can also now submit an Expression of Interest for the new subclass 491 visa. This five year visa for skilled regional workers also brings in some changes.
CHANGES TO THE POINTS TEST
Other changes commenced on 16 November 2019, including changes to the points test for General Skilled Migration (GSM) visas which will apply to all unassessed GSM visa applications before 16 November 2019.
CHANGES TO PARTNER POINTS
If you do not have a spouse or de facto partner you are eligible to claim 10 points.
If you have a spouse or de facto partner who is an Australian citizen or Australian permanent resident you are eligible to claim 10 points.
If you have a skilled spouse or de facto partner (increased from 5 to 10 points) :
- will be included in the visa application for the same subclass of visa
- is not an Australian citizen or Australian permanent resident;
- is under 45 years of age;
- has nominated a skilled occupation;
- has a suitable skills assessment for the nominated occupation and the assessment was not for a Temporary Graduate (subclass 485) visa
- has at least ‘Competent English’ are eligible to claim 10 points.
A spouse or de facto partner who has ‘Competent English’ who is not an Australian citizen or Australian permanent resident and who will be included in the visa application for the same visa subclass are eligible to claim 5 points.
OTHER CHANGES TO THE POINTS TEST
Those who claim a specialist education qualification are eligible to claim 10 points (increased from 5 points). If you want to apply for a visa subclass 491 nomination from a State or Territory, or you are sponsored by an eligible family member you can claim 15 points (previously 10 points).
WHAT TO DO NEXT AND HOW TO APPLY
Getting the right advice upfront is essential so contact our team. We are ready and waiting to assist you in applying for your five year visa for skilled regional workers today.
- Direct call on (+61) 2 9299 0255
- Send us an email richard@rslawyers.com.au
We will assess your situation on an individual basis and provide you with the best advice to make your stay in Australia hassle-free. More information on the points test is available: visit the subclass 491 points-table.
by Shakenovsky & Associates | Nov 22, 2019 | Blog
Are you on the MLTSSL list for permanent residency? The Medium and Long-term Strategic Skills List (MTLSSL) includes a set of skilled occupations determined by the Department of Education and Training (DET) and the Department of Home Affairs (formerly DIBP).
In order to qualify for skilled migration to Australia, you must nominate an occupation from the Medium and Long-term Strategic Skills List (MLTSSL). Please note that all occupations used for immigration purposes are from the ANZSCO (Australia and New Zealand Skilled Classification of Occupations).
The combined list specifies:
- the Australian and New Zealand Standard Classification of Occupations (ANZSCO) code for each occupation. The ANZSCO provides information on the skill level of jobs, qualifications and/or experience needed to work in occupations
- caveats which exclude the use of the occupation in certain circumstances (applies to the ENS and TSS visas only)
- whether the occupation is included on the Medium and Long-term Strategic Skills List (MLTSSL), the Short-term Skilled Occupation List (STSOL), the Regional Occupation List (ROL) or the Regional Sponsored Migration Scheme (RSMS) ROL List.
- the assessing authority for skills assessments
Removed occupations
Pending nomination and/or visa applications will not be adversely impacted by the subsequent removal of any occupation from the skilled occupation lists.
If you already hold a skilled visa, you will not be impacted by these removed occupations unless there are changes in your circumstances which require the lodgement of a new nomination application – in which case you may then be impacted. This impact may occur if you are changing your occupation or employer, and your occupation is no longer on the combined list of eligible skilled occupations.
Our team of highly skilled immigration lawyers can help you determine if you are on the list. Learn more about our team here and contact us today!
Scroll down to browse the list — Updated 07/11/2019
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