(+612) 9299 0255 richard@rslawyers.com.au

Jobactive Labour Market Testing

Businesses considering nominating overseas skilled workers on Subclass 457 Temporary Work, Subclass 482 Temporary Skill Shortage or Subclass 494 Skilled Employer Sponsored Regional (Provisional) visas, will be required to advertise these vacancies on the Jobactive Labour Market Testing website. This measure ensures that appropriately skilled Australian citizens and permanent residents are given work opportunities before overseas workers when a business nominates a vacancy.

The new requirements for advertising may be summarised as follows:

  • must be advertised on the Jobactive website, AND
  • must be advertised with at least two advertisements in one or more of the mediums, already specified in LIN 18/036,Item 8(3).
  • applies to ALL nominated occupations, not just those in the newly announced Priority Migration Skilled Occupation List (PMSOL)
  • applies to nominations made after 30 September 2020.

The new amending provision in LIN 20/156 applies to nominations made after 28 days from the commencement of the instrument. For clarification, the 28 day period begins on the day LIN 20/156 commences.

The instrument LIN 18/036 as in force immediately before the commencement of LIN 20/156, continues to apply to nominations made on or before the commencement of the 28 day period.

Legislative Instrument – F2020L01123 – LIN 20/156: Jobactive – Period, manner and evidence of labour market testing Amendment Instrument 2020.

This Instrument amends LIN 18/036 to include an additional requirement for the manner in which labour market testing is undertaken.

LIN 20/156 requires ALL nominated positions to be advertised on the Government’s Jobactive website. The Government’s Jobactive website is a free online jobs website that is accessible via the internet.

This amendment to the Instrument commences on 3 September 2020.

If you are an overseas worker looking to migrate to Australia contact our team. We have helped hundreds of people with our 40 years of experience and immigration law services.

Priority Migration Skilled Occupation List (PMSOL) Announced

Acting Minister for Immigration Alan Tudge has announced a new Priority Migration Skilled Occupation List (PMSOL) of 17 occupations that will be able to enter Australia to assist in the country’s COVID recovery.

The Acting Minister stated in his joint media release with Senator Michaelia Cash that …“These occupations in the health care, construction and IT sectors will supercharge both our health and economic response to COVID-19.

Visa holders, who have been sponsored by an Australia business in a PMSOL occupation can request an exemption from Australia’s travel restrictions, but will be subject to a strict 14 days quarantine on arrival at their own expense.”

Labour market testing will still be required to be able to sponsor application in these priority migration skilled occupations.

The 17 occupations (ANZSCO code) are:

• Chief Executive or Managing Director (111111)
• Construction Project Manager (133111)
• Mechanical Engineer (233512)
• General Practitioner (253111)
• Resident Medical Officer (253112)
• Psychiatrist (253411)
• Medical Practitioner nec (253999)
• Midwife (254111)
• Registered Nurse (Aged Care) (254412)
• Registered Nurse (Critical Care and Emergency) (254415)
• Registered Nurse (Medical) (254418)
• Registered Nurse (Mental Health) (254422)
• Registered Nurse (Perioperative) (254423)
• Registered Nurses nec (254499)
• Developer Programmer (261312)
• Software Engineer (261313)
• Maintenance Planner (312911)

If you are an overseas worker looking to migrate to Australia contact our team. We have helped hundreds of people with our 40 years of experience and immigration law services.

Australia Regional Migration Visas

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

7 Reasons to Choose Shakenovsky

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.

Skilled Regional 5 Year Visa

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.

MLTSSL List For Permanent Residency

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