http://www.immi.gov.au/gateways/agents/news/2011/may/students-english-req-may-2011/
Education | Migration | Business Broking
Friday, May 20, 2011
Tuesday, May 3, 2011
New Advisory Service
VETASSESS is introducing a new Advisory Service on 2 May 2011. The Advisory Service will provide more customised advice to people considering an application to VETASSESS for a Skills Assessment for migration purposes with a nominated general professional occupation.
Change to Skilled Worker program
From 2 June 2011 all applicants for permanent migration, regardless of the visa type being applied for, will be assessed under the Offshore Skills Assessment Program where the applicant is from a nominated country and nominated trade occupation.
Where DIAC requires a skills assessment, applicants in the nominated countries and nominated trade occupations will now be required to have their skills assessed by a TRA-approved Registered Training Organisation. As a result, all successful applicants will receive an Australian qualification as part of the migration process.
Simpler Visas
Through innovative changes announced in June 2010, the Australian Government will be simplifying and streamlining Australia’s complex visa system.
Specifically, the government has committed to reduce by 50 per cent the number of temporary working visas by 2012 and to target 50 per cent reduction in the total number of visa subclasses by 2015.
The Visitor visa phase of the simplification and deregulation process commences with the release of the Simpler Visas: Making Visitor Visas Simpler discussion paper for public consultation. This discussion paper builds on earlier papers and seeks views on the deregulation of the Visitor visa group which is proposed to be implemented by September 2012.
Council of Australian Governments (COAG) agreed to establish a national regulator for the vocational education and training (VET) sector.
n 2009 the Council of Australian Governments (COAG) agreed to establish a national regulator for the vocational education and training (VET) sector. The new regulator will be an independent Commonwealth statutory authority.
The new regulator is being established through:
* a referral of powers by the states (other than Victoria and Western Australia), and
* the exercise of the Commonwealth’s constitutional powers in the territories.
There will be a transition period for transfer of registration from state and territory regulators to the national regulator.
With the passage of l
Paper 'blames students' over visa influx
FORMER NSW Olympics minister Michael Knight has glossed over the role that official policy played in the distortion of skilled migration by overseas students.
Mr Knight, who is carrying out an independent review of the student visa program, puts the blame on "non-genuine" students seeking permanent residence.
"Regrettably this expansion of non-genuine student numbers was facilitated by some agents and institutions whose business practices were highly dubious, sometimes illegal," he says in his discussion paper.
But Monash University researcher Bob Birrell says Mr Knight "doesn't acknowledge it was successive governments that set this policy up and brought about this outcome".
In 2001, the Howard government allowed overseas students to stay after graduation and apply for skilled migration, laying the foundation for the rapid growth of an export education industry linked to permanent residency.
Since 2008, the government has progressively tightened policy, all but removing the PR carrot from the overseas student industry.
The Knight paper speaks of widespread agreement that some education providers and agents "did manipulate the system primarily for migration outcomes rather than educational outcomes".
In a sarcastic blog post Sydney immigration lawyer Michael Jones says: "The government, of course, bears no responsibility for all of this.
"The easiest group to blame are the students themselves, some of whom, the [Knight] paper tells us, 'came to Australia to undertake an education in order to gain permanent residence without any intention of undertaking employment related to their course of study'.
"Of course they did. That was the product they were sold, with the full blessing of the Australian government. It wasn't those corrupt agents who created the 885 and 886 visas [for overseas students], it was the Australian government.
"They allowed the fast-buck stakeholders to grow into the country's third largest export industry, fuelled by the savings and borrowings of aspirational families in India, China, Nepal, Vietnam."
Knight says his paper was not meant to cover "all the issues in this very complex area". "It is meant to stimulate discussion, not pre-empt it."
The closing date for comment is April 15. Melbourne University's Lesleyanne Hawthorne says her research suggests students in professional courses such as engineering do indeed want to work in those fields, in contrast to students in trade courses such as bricklaying, hairdressing and cooking.
The Knight paper defines a genuine student as one who intends to come to Australia on a temporary basis to study, but acknowledges students accounted for between 14 and 22 per cent of the skills migration program over the past five years.
Birrell says most overseas students in accounting, for example, "probably did have in mind the possibility of PR".
"You can't dismiss anybody who subsequently sought PR as not a genuine student."
Hawthorne says: "Many students are genuine students, they're seeking a qualification. They may make pragmatic decisions about the qualification they do, to lock in PR options".
Paper 'blames students' over visa influx
FORMER NSW Olympics minister Michael Knight has glossed over the role that official policy played in the distortion of skilled migration by overseas students.
Mr Knight, who is carrying out an independent review of the student visa program, puts the blame on "non-genuine" students seeking permanent residence.
"Regrettably this expansion of non-genuine student numbers was facilitated by some agents and institutions whose business practices were highly dubious, sometimes illegal," he says in his discussion paper.
But Monash University researcher Bob Birrell says Mr Knight "doesn't acknowledge it was successive governments that set this policy up and brought about this outcome".
In 2001, the Howard government allowed overseas students to stay after graduation and apply for skilled migration, laying the foundation for the rapid growth of an export education industry linked to permanent residency.
Since 2008, the government has progressively tightened policy, all but removing the PR carrot from the overseas student industry.
The Knight paper speaks of widespread agreement that some education providers and agents "did manipulate the system primarily for migration outcomes rather than educational outcomes".
In a sarcastic blog post Sydney immigration lawyer Michael Jones says: "The government, of course, bears no responsibility for all of this.
"The easiest group to blame are the students themselves, some of whom, the [Knight] paper tells us, 'came to Australia to undertake an education in order to gain permanent residence without any intention of undertaking employment related to their course of study'.
"Of course they did. That was the product they were sold, with the full blessing of the Australian government. It wasn't those corrupt agents who created the 885 and 886 visas [for overseas students], it was the Australian government.
"They allowed the fast-buck stakeholders to grow into the country's third largest export industry, fuelled by the savings and borrowings of aspirational families in India, China, Nepal, Vietnam."
Knight says his paper was not meant to cover "all the issues in this very complex area". "It is meant to stimulate discussion, not pre-empt it."
The closing date for comment is April 15. Melbourne University's Lesleyanne Hawthorne says her research suggests students in professional courses such as engineering do indeed want to work in those fields, in contrast to students in trade courses such as bricklaying, hairdressing and cooking.
The Knight paper defines a genuine student as one who intends to come to Australia on a temporary basis to study, but acknowledges students accounted for between 14 and 22 per cent of the skills migration program over the past five years.
Birrell says most overseas students in accounting, for example, "probably did have in mind the possibility of PR".
"You can't dismiss anybody who subsequently sought PR as not a genuine student."
Hawthorne says: "Many students are genuine students, they're seeking a qualification. They may make pragmatic decisions about the qualification they do, to lock in PR options".
Visa agents involved in sex trade
MIGRATION agents registered by the federal government are helping to run illegal prostitution rackets across Melbourne.
Up to six migration agents have worked with the mostly Asian syndicates running prostitution rackets in Melbourne and Sydney.
One of the agents involved in the sex industry in Melbourne helps to find Asian women, including those on student visas, to work as prostitutes in four different CBD apartments.
Migration agents are registered by the federal government and have powers to help people get visas and deal with the Immigration Department. They are meant to be governed by a strict code of conduct.
A Melbourne resident aware of one of the rogue agents made a complaint at a city police station in November last year.
''The constable I complained to seemed to be ignorant of the laws around prostitution and ultimately did nothing about it,'' the complainant said.
An investigation by The Age has also discovered that:
¦ Under-age women have been working in illegal brothels in Melbourne's inner east.
¦ The Australian Federal Police is investigating people linked to two state-licensed brothels as part of a human trafficking inquiry that has already led to the charging of a woman for allegedly forcing Chinese students to work as prostitutes.
¦ A senior state government minister is planning to introduce new laws to force police to take more action against illegal brothels.
The two licensed brothels linked to a human trafficking and sexual slavery inquiry are not the only government-registered and approved brothels with ties to organised crime.
Earlier this month, The Age reported that at least two other licensed brothels were closely tied to Xue Di Yan, a Mulgrave woman who runs a network of illegal brothels.
Ms Yan is the subject of an ongoing Victoria Police investigation into claims that she bribed a City of Yarra official who was responsible for shutting down illegal brothels and who has since resigned.
The probe into Ms Yan by Richmond detectives has uncovered two Chinese crime syndicates running dozens of illegal brothels. While this inquiry is expected to lead to the charging of some of her associates with bribery, Ms Yan continues to help run illegal brothels in Malvern, Thornbury and Preston.
In a separate development, The Age has learnt details of a number of under-age girls who were working in illegal brothels last year, including a 17-year-old at a site in Richmond. The girl is no longer working but the brothel remains open.
State Consumer Affairs minister Michael O'Brien has told The Age the government will pass new laws requiring police to take more action against illegal brothels. His pledge puts more pressure on Chief Commissioner Simon Overland to improve the force's decentralised and often inconsistent or ineffective response to the illegal sex trade.
Mr O'Brien said that as well as forcing police to do more, the government would introduce laws for the seizure of assets from anyone profiting from prostitution rackets.
''People who may think that they are only slightly involved with illegal brothels [will] find themselves in the gun for proceeds of crime legislation if they are convicted,'' he said.
Under the existing system, the regulation of the legal and illegal sex industry is handled by local councils, state police, Consumer Affairs and the Department of Justice. Federal agencies are responsible for investigating human trafficking, tax or immigration offences.
The Baillieu government's promised reforms have been welcomed by Victoria's Planning Enforcement Officers Association, which represents local council officials who lead efforts to shut down illegal brothels.
Association president Rhett English said council officials had been threatened at home when trying to shut down illegal brothels using planning laws. ''We are not trained or equipped to deal with organised crime,'' he said.
A Victoria Police spokeswoman said the force was ''actively looking at illegal brothels, particularly in relation to links with organised crime and human trafficking''.
''We will always act on reports of under-age workers or other illegal activities [this has included targeting street prostitution in St Kilda recently].
''We have had very preliminary discussions with the government to date and look forward to having further discussions.''
Read more: http://www.theage.com.au/victoria/visa-agents-involved-in-sex-trade-20110330-1cgfb.html#ixzz1Kc60869U
Rise in international students
By Gordon Taylor
Updated Thu Mar 17, 2011 4:07pm AEDT
The ANU and University of Canberra have both recorded an increase in overseas student numbers, despite a national trend down. (ABC News: Damien Larkins)
Canberra's main universities have gone against a national trend and attracted increased numbers of international students.
Figures from the Immigration Department show that student visa applications from outside Australia fell 32 per cent in the last six months of last year compared with the same period in 2009.
But the Australian National University has seen a nine per cent increase in international students this year, whilst the University of Canberra has had a 33 per cent increase.
ANU Vice Chancellor Professor Ian Young says there are still obstacles for overseas students who want to study in Australia
"Obviously the University would encourage the government to free up the visa regulations so that it makes the processing process as streamlined and easy as possible for well qualified bone fide international students."
Professor Young believes that in the case of ANU it is the quality of the education that is attracting overseas students.
"In addition to that, I think that Canberra has been fortunate that it hasn't been directly associated with a number of the issues around student safety, so its clear that international students see Canberra as a safe supporting environment to undertake their further education."
Students paid for fake results
A SCAM involving a Perth university employee charging Indian students thousands of dollars for fake English test results stretched across the country, with one student flying from Queensland to obtain dodgy marks.
The student, Sukhdeep Buttar, was desperate to secure results good enough to qualify for permanent residency.
He heard about the racket through a friend in Perth, Satinder Sidhu, who gave evidence at Western Australia's Corruption and Crime Commission yesterday.
Mr Sidhu said he and Mr Buttar paid $8000 each to a man known as "Jimmy" so his results could be falsified.
"(Mr Buttar) was too much depressed . . . he couldn't get the results; he tried a lot. That's why he said if you know somebody," Mr Sidhu told the inquiry. He said he had since learnt that "Jimmy" was in fact an Indian student called Pritesh Shah.
Mr Shah also took the stand yesterday and admitted he took about $30,000 from up to 40 Indian students so their results could be falsified.
Mr Shah said he became involved in the scam through a man called Abdul Kader who he worked with at a Perth petrol station. Mr Kader lived with a man called Keith Low who worked at Curtin University and could change the results of English tests used by the Department of Immigration and Citizenship to help determine visa qualifications.
Mr Shah admitted he took about $200 per transaction and said Mr Kader also took a slice of the amount charged. The students were charged an average of $5000.
During Mr Shah's evidence it was revealed that the CCC had raided the home of one of the students who paid for fake results. The CCC also secretly recorded calls between Mr Shah and Mr Kader. In one bugged call Mr Shah was heard reassuring Mr Kader in Hindi that the scam would not be revealed.
New legislation to strengthen the quality of Australian international education
Greater protection for international students will be available following last night’s passage of the first tranche of the legislative changes recommended by the Baird Review.
Minister for Tertiary Education, Senator Chris Evans, said these legislative changes reinforce the Gillard Government’s continued commitment to international education, and build on a range of current initiatives to enhance and protect the international student experience.
These changes will better protect international students by further strengthening education providers’ registration requirements, and expanding the role of the Commonwealth Ombudsman for external complaints by international students relating to private providers.
“The international education sector is going through a period of readjustment after several years of unprecedented and unsustainable growth,” Senator Evans said.
In recent times, the sector has come under increasing pressure as a result of the rising value of the Australian dollar, the ongoing impact of the global financial crisis in some countries, and growing competition in the international education market.
“The Gillard Government is firmly committed to supporting quality and sustainability in the international education sector,” he said.
“This legislation follows the Government’s re-registration of all international education providers last year, which has raised the quality of education and training delivered to international students. It also accompanies the Student Visa Program Review, which is due to report in the middle of this year.”
“The legislative changes passed yesterday are an integral next step as the Government moves to build the foundations of a system based on quality and integrity.”
The Government is also consulting key stakeholders on a range of reforms to be introduced later this year, which are primarily aimed at strengthening the tuition protection framework for international students.
The establishment of the National VET Regulator and the Tertiary Education Quality Standards Agency this year will underpin continued high quality in both the VET and higher education sectors.
AUSTRALIA'S migration review tribunals are struggling under massive increases in workload
Applications to the Migration Review Tribunal (MRT) are up 26 per cent while applications to the Refugee Review Tribunal (RRT) are up 32 per cent.
"Our workload is increasing," tribunals head Denis O'Brien told a Senate estimates hearing.
More than 5900 applications were lodged with the MRT and 1646 with the RRT in the financial year to January 31.
Decisions in the RRT were up 31 per cent in the same period, with 75 per cent made within the recommended 90 day period. The average decision time was 95 days.
But decisions in the MRT were down 28 per cent in the same period, Mr O'Brien conceded.
"The decrease in MRT decision output - despite the increase in lodgements - is principally due to the substantial increase in our RRT work to which we must give priority," he said.
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"Can I say that our resource difficulties have been exacerbated by the recent loss of a number of experienced RRT members."
Eight tribunal members had taken leave of absences for placements inside the Department of Immigration and Citizenship, he said.
As at January 31 there were 829 active cases before the RRT and 9731 before the MRT.
"We just can't afford to let that backlog continually increase without trying to address it," Mr O'Brien said.
Mr O'Brien said he hoped to have new staff in place by the middle of the year.
The increase in MRT applications was due in large part to a massive increase in student visa review applications sparked by recent law changes, Mr O'Brien said.
The MRT reviews departmental decisions made on general visas while the RRT reviews decisions made on protection visas
Student visa program report
Citizenship (the department). The report has been provided to assist education providers, representative bodies and
policymakers.
It is expected that this report will be further developed over time to increase and improve information sharing about the
student visa program.
It is important to note that the information used in this report comes from a new data source. Consequently, figures for
previous financial years have been revised and may differ slightly from those previously published by the department.
Data is sourced from several departmental visa processing and recording systems. Data can be dynamic and there can
be delays in transmission of information from the department's global operations. Variations in figures between this
report and previous issues can occur. Due to these issues, the current financial year should always be considered
provisional.
Further data about the student visa program, including student visa grants by sector and country from 2002-03 to the
latest complete program year is available at the department's website at www.immi.gov.au/media/statistics/study.
This report is available at www.immi.gov.au/media/statistics/study and will be updated on a quarterly basis.
Further information about the student visa program is available at www.immi.gov.au/students.
Helping Deliver Skills for Flood Reconstruction
The government has announced fast-track processing of 457 visa applications specifically for reconstruction jobs in flood-affected areas, providing quick access to skilled overseas labour where local supply is insufficient.
The subclass 457 visa provides a fast and flexible route for the entry of skilled workers to Australia. Under the program, a wide variety of skilled construction and engineering occupations are available for sponsorship, and employers can sponsor skilled workers for up to four years with no limit on the number of workers they sponsor.
The government is offering personalised assistance with visa applications to employers involved in reconstruction work so that they provide assistance to the reconstruction effort.
The 457 program is available to businesses of any size – in fact, the vast majority of sponsors approved for the 457 program are small to medium enterprises.
Free Seminars for Skilled Migrants in Victoria
Skilled migrants who have recently arrived in Australia can get expert advice on finding work in selected occupations at free seminars in Victoria.
The seminars will be held in Melbourne and regional Victoria, and will feature a panel of experts to answer questions and cover topics including:
* an overview of the labour market in Victoria for each occupation
* how to prepare for work in Australia
* how to write a resume for an Australian employer
* where workers for each occupation are needed most in Victoria.
Migrants who attend will also have the opportunity to network with a range of industry professionals, recruiters and other industry experts.
Please note that these seminars are for skilled migrant visa holders only. Other interested parties are advised to email seminars@holmesglen.edu.au for further information.
Intern rules leave medical students on the outer
MOST international medical students studying in NSW were never told they might be denied hospital internship places that are a vital part of their training, a survey has found.
Australia is facing a doctor shortage but is wasting the opportunity to hold on to talented medical graduates by forcing them back overseas to finish their training, according to the Australian Medical Association, which commissioned the survey.
Many of the students came to Australia before the rules were changed in 2009, giving international students access to internships only once all Australians and New Zealanders trained in Australia and overseas-trained applicants were employed.
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A survey of overseas students in NSW has found 72 per cent were not told when they came to Australia that they were not guaranteed a hospital internship.
Nearly half said if they had been told they would not have chosen to study here.
Haley Cochrane, 26, a second-year medical student from Canada, said that without the internship "no one in the world would hire you". "You are not really qualified to do anything without it. You are saddled with $300,000 worth of debt and no job.''
Ms Cochrane, who studies at the University of Sydney, knew she was not guaranteed a place but hoped things might change once she had her degree. After studying here, she would have liked to stay, but her best option might be to apply for a placement in the US.
The chairman of the medical association's NSW council, Saxon Smith, said the poor information on internships blighted Australia's international standing.
It was particularly unfair on students who were unaware of the rules.
"The international students are full-fee-paying students so the reality is they cover the cost of their degrees and probably there is some subsidy going on for the Australian students," Dr Saxon said.
"I don't think it is an ethically responsible approach if they are not being told up front."
Dr Saxon said the government should consider providing more private hospital training places to fill the shortfall, as the problem would only worsen as student numbers increased.
In August the Herald reported that more than 100 students had been denied internships in public hospitals this year.
But according to research prepared by Dr Saxon, by 2014 there could be a shortfall of about 2250 internship positions, meaning both local and international students would miss out.
Immigration department under stress
A secret briefing to the Immigration Minister confirms his department is under ''stress'' from a flood of asylum-seekers, just as the navy intercepted the first boat of the year. The incoming government red book warns of potential legal action from skilled migrants unable to get their visas processed because of a backlog of 140,000 applicants.It also predicts further riots from the detained Indonesian crews of asylum-seeker boats and warns immigration detention facilities are at ''critical pressure''. After the navy revealed yesterday it had stopped a boat carrying 92 people on Tuesday, the Opposition said more than 10,000 people had now landed in boats under Labor's three-year watch.
Meanwhile, the Federal Government is also disputing media reports that an asylum-seeker forcibly returned to Sri Lankan was beaten after being arrested on his arrival.The person was one of seven Sri Lankans removed from Christmas Island.
The information is contained in separate confidential Immigration Department briefing papers issued yesterday under Freedom of Information.'' One client who was involuntary removed was arrested by Sri Lankan authorities upon their arrival in Sri Lanka,'' the paper says.
''Media reports that he was beaten have not been substantiated by the department's investigations.''The weekly ''On the Radar'' briefings to the Immigration Minister also show a Pacific Island worker, allowed into Australia temporarily for fruit picking, absconded. After he handed himself in to authorities two months later, he was allowed to remain to finish the work before returning home.
The briefings reveal a ''marked increase'' in cancellation of second working holiday visas for young foreign people returning to Australia for more casual work due to fraudulent information provided to immigration officials.
The minister was told that 308 staff of his department has accepted voluntary redundancies, described by departmental secretary Andrew Metcalfe as a ''good outcome'' towards the savings the department has to find.
Review of the Business Skills Visa Program
The Department of Immigration and Citizenship is conducting a comprehensive review of the Business Skills visa program to:
a)
Determine whether the program is meeting its intended objectives and if any adjustments are necessary.
b)
Determine what role the Business Skills program should play in building Australia’s economy, including the economies of regional Australia.
c)
Ensure that the program aligns with and contributes to the broader strategic objectives of the Skilled Migration Program.
The department is seeking input from the general Australian public and interested stakeholders into this review. Written feedback is sought by 11 February 2011 and can be emailed to:
The Director
Sponsored Skilled Migration Policy Section
Email: sponsored.skilled@immi.gov.au
Date: 24/
Migration logjam hits skilled workers
MORE than 140,000 skilled migrants are caught in an Immigration Department processing backlog of up to 28 months.
Business leaders are warning of a looming skills shortage and a wages breakout driven by a resurgent economy.
In a secret briefing to Immigration Minister Chris Bowen, the department warned of potential legal action by skilled migrants unable to get a decision on their applications. The department also said that, in order to offset the ageing of the workforce, migration would need to remain at levels that would lead to Australia having a population of 35.9 million by 2050 - the figure that sparked the "big Australia" debate and Julia Gillard's promise of a sustainable Australia.
Despite cuts to migration levels that would cause net overseas migration to plateau at about 190,000 a year by 2012, the Red Book briefing said net overseas migration would still be above the 180,000-a-year level used by Treasury in the 2010 Inter-Generational Report, when it calculated the figure of 35.9 million by 2050.
Student Visa Assessments – Higher Education Diplomas and Advanced Diplomas
From 1 January 2011, changes will come into effect that will impact on prospective students intending to study for a higher education diploma or advanced diploma. From this date, these prospective students can be assessed for a Higher Education (subclass 573) visa.
Prior to 1 January 2011, students applying for a diploma or advance diploma were assessed for a Vocational Education and Training (VET) (subclass 572) visa, as diplomas and advanced diplomas were not specified in relation to the Higher Education (subclass 573) visa.
The legislative instrument detailing Why the department has introduced this change
The reason for this change is to align migration legislation with the Australian Qualifications Framework (AQF) and the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). The AQF and CRICOS specify higher education diplomas and higher education advanced diplomas as separate and distinct from VET diplomas and VET advanced diplomas.
Who will be affected?
This change will affect all new student visa applications lodged on or after 1 January 2011.
This change will not affect:
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students who currently hold a VET (subclass 572) visa, and are studying a higher education diploma or higher education advanced diploma course
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students who are currently in the middle of studying a package of courses which includes a higher education diploma or higher education advanced diploma.
Other changes on 1 January 2011
Three course names which are obsolete have been removed from the courses specified in relation to the VET (subclass 572) visa. These are:
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certificate
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advanced certificate
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associate diploma.
Useful Information
Specific information on applying for a Student visa is available. See: http://www.immi.gov.au/students
If you are in Australia Telephone: 131 881.
If you are outside Australia, contact your nearest departmental office. See: http://www.immi.gov.au/contacts/overseasinformation is available on the ComLaw website. See: www.comlaw.gov.au
Simpler visas
The Australian Government has initiated a range of reforms aimed at improving productivity and international competitiveness. An ambitious regulatory reform agenda is an integral part of these reforms.
As part of its regulatory reform agenda, the Australian Government has agreed to rationalise the visa framework to make it simpler and more efficient.
Specifically, the Government has committed to reduce by 50 per cent the number of temporary working visa subclasses by 2012 and to target a 50 per cent reduction in the total number of visa subclasses by 2015. This reform is being taken forward as part of a Better Regulation Ministerial Partnership announced by the Minister for Immigration and Citizenship, Chris Evans, and the Minister for Finance and Deregulation, Lindsay Tanner, on 4 June 2010.
Simplification of the visa framework will be undertaken in stages over five years and will cover all visa
groups, including:
• Temporary residence and visitor visas (the first visa group under review)
• Student visas
• Permanent Skilled and Business Entry visas
• Resident Return visas
• Bridging visas
• Family visas
Terms of Reference Strategic Review of the Student Visa Program
Overview
Australia’s Student visa program enables international students to study in Australia. The program facilitates the continued strength and competitiveness of the international education sector while ensuring appropriate integrity measures are maintained.
The Government values the important economic and cultural contribution made by the international education sector. In the past decade the sector has undergone rapid growth. The number of Student visas granted has more than doubled from 108,000 in 1997-98 to 269,828 in 2009-10.
The integrity of the Student visa program has been challenged in recent years by the promotion of Australian education courses as a pathway to permanent migration.
The Government reformed the Skilled Migration program to clearly affirm that while there are opportunities for international students seeking permanent residency in Australia, there is no guaranteed pathway. These changes have delivered a Skilled Migration program that is now driven by the skills needs of industry and employers, rather than the educational choices of international students.
More recently, the international education industry in Australia has come under increasing pressure as a result of the rising value of the Australian dollar, the ongoing impact of the global financial crisis in some countries, and increased competition from other countries in the international education market. The sector has also faced negative publicity in the wake of several attacks on international students and the closure of some international education providers.
While Australian education is already highly regarded, the Government is focused on driving reforms to further improve quality. Building Australia’s reputation as a provider of quality education is the key to strengthening the competitiveness of our international education sector.
In this context it is timely to review the framework underpinning the Student visa program to ensure it is well positioned to respond to current and future challenges.
The Government has appointed the Hon Michael Knight AO to undertake a strategic review of the Student visa program. The Review will report to Government by mid 2011.
Australian Computer Society (ACS) Skills Assessment Review
The following information is for General Skilled Migration (GSM) visa applicants who:
•
lodged their application on the basis of a skills assessment by ACS in the Australian Standards Classification of Occupations (ASCO) occupation of Computing Professionals NEC prior to 1 July 2010 and
•
subsequently sought a further skills assessment (this may be known as a review, a revalidation or a new skills assessment) from the ACS to determine their skilled occupation under Australian and New Zealand Standard Classification of Occupations (ANZSCO).
ACS allows applications for further skills assessments following the announcement of the Skilled Occupation List (SOL) in ANZSCO that came into effect on 1 July 2010. The review is offered by ACS in light of this change to determine if the materials submitted for the original skills assessment could receive a skills assessment for an occupation classified under ANZSCO.
Western Australian Skilled Migration Occupation List
Western Australian Skilled Migration Occupation List
Skilled Sponsored Visa (SSV) - Subclass 176 (Offshore) and 886 (Onshore)
Skilled Regional Sponsored (Provisional) Visa (SRSV) - Subclass 475 (Offshore) and 487 (Onshore)
Applicants who have a skill listed on the Western Australian Skilled Migration Occupation List (WASMOL) may be eligible to apply for Western Australian State Sponsorship.
These occupations do not relate to any specific job vacancies, nor represent any guarantee of a job in these occupations, but rather identify skills that are in demand for industry sectors in Western Australia.
State Sponsorship applicants will have to compete with all potential employees in the Western Australian labour market in a normal competitive selection process to secure any available or advertised job.
Skilled migration to Queensland, Australia
Queensland State Migration Plan
Applications for Queensland Government state sponsorship are now open under the Queensland State Migration Plan (SMP).
The SMP is the result of a formal agreement between the Queensland Government and the Australian Government's Department of Immigration and Citizenship (DIAC).
Skilled migration program
Queensland offers a high standard of living and good working conditions. Queensland workers have rights to fair working conditions, including:
* a discrimination-free workplace
* safe working conditions
* good wages
* public and annual holiday leave entitlements.
The aim of the Queensland Government Skilled Migration Program is to strengthen the economy of Queensland by attracting people with skills in critical shortage.
Please note that the Queensland Government will decide if nomination is in the best interests of Queensland, based on Queensland's labour market, economic and community needs at the time of assessment. Correctly lodging an application does not guarantee nomination.
Please also read the processing timeframes information.
Skilled visas
The eligible skills lists are reviewed regularly and updated to reflect current labour market conditions. The current lists were updated on 7 December 2010.
The Queensland Government participates in the:
* Skilled Sponsored (Migrant) Visa (Subclass 176)
* Skilled Regional Sponsored (Provisional) Visa (Subclasses 475 and 487)
* Skilled Sponsored (Residence) Visa (Subclass 886)
The skilled visa comparison table provides a brief overview of these visas.
The Queensland Government provides nominations to those skilled migrants who have an eligible skill and who are assessed as likely to provide a clear benefit to the Queensland economy. DIAC's eligibility is also a condition of Queensland nomination for a Skilled Sponsored, Skilled Regional Sponsored visa or other sponsored visas.
The Australian Government also offers other types of migrant work visas. Visit the Department of Immigration and Citizenship (DIAC) website to gain a general overview of the processes involved in migration to Australia.
Please be aware that applications, processing and visa approvals are wholly administered by DIAC. Please do not make any travel arrangements or changes to your personal situation until DIAC has formally advised the outcome of your application.
Last updated 4 January 2011
Emerging Challenges, Government Planning and Immigration Reforms
To View Presentation, Please go to the link below
http://www.immi.gov.au/about/speeches-pres/_pdf/2010-12-03-apa-presentation.pdf
Tasmania – the life you've been looking for
Tasmania - Australia's island state - lies 42 degrees south of the equator and less than one hours flight from mainland Australia. Consisting of one main island along with an number of smaller, unpopulated islands, Tasmania is located in the temperate zone of the southern hemisphere and is a land of dramatic coastlines, rugged mountains, spectacular wilderness and sparkling highland lakes.
Tasmanians breathe some of the world's cleanest air and drink the world’s purest water. Unpolluted coastal seas and rich, fertile soils enable Tasmania to produce some of the world’s finest foods.
Tasmania’s capital city Hobart, offers a diverse lifestyle with restaurants offering fantastic, fresh seafood and produce with a clear focus on gourmet living, friendly bars, and shopping, all within a short drive to some of the world’s greatest natural heritage.
With spectacular scenery, friendly people and relaxed lifestyle, Tasmania is the life you’ve been looking for.
Identity security strengthened through biometrics
Minister for Immigration and Citizenship, Chris Bowen MP, today announced the Gillard Government is introducing biometrics collection of all protection visa applicants' data lodged in Australia, as well as biometrics collection of visas processed in selected overseas locations, to further strengthen border security and identity checking processes.
‘Biometric data is widely used in the international community as an effective tool to manage visa and immigration processes, improve identity management and combat fraud,’ Mr Bowen said.
‘The introduction of biometrics to onshore and offshore visa application processing is a tangible milestone on the path to even stronger border security for Australia and is critical to maintaining the integrity of our visa and migration programs.’
Biometrics data acquisition is already used in some immigration and citizenship processes but has now been expanded to include all onshore protection visa applicants.
‘This initiative will assist in establishing the identity of protection visa applicants who arrive in Australia but are often unable to provide sufficient documentation to prove their identity, and strengthen our ability to detect inconsistent immigration claims,’ Mr Bowen said.
‘It is important to note that these new requirements will enhance, but not replace, the current process for assessing an applicant's claims for protection under the Refugees Convention. People who are owed protection under Australia's international obligations will continue to be granted protection. People who are found to not be owed protection will be returned.
‘My department has put measures in place to ensure applicants are treated fairly and that flexible arrangements are available for those who live in remote areas.’
Biometric acquisition stations are available at Department of Immigration and Citizenship (DIAC) offices in Adelaide, ACT and Regions Office, Brisbane, Cairns, Darwin, Hobart, Melbourne, Perth and Sydney.
The data is collected through a quick, discreet and non-intrusive process that captures a digital facial image as well as a 10-digit fingerprint scan using a dry fingerprint scanner machine.
Australia will also begin the phased introduction of biometric collection in offshore visa application processing, to complement the expansion of biometrics collection to all onshore protection visa applicants.
Tertiary Education Quality and Standards
The Australian Government is establishing a new national regulatory and quality agency for higher education, the Tertiary Education Quality and Standards Agency (TEQSA). TEQSA will be established this year as an independent body with powers to regulate university and non-university higher education providers, monitor quality and set standards. Its primary task will be to ensure that students receive a high quality education at any of our higher education providers. TEQSA will register providers, carry out evaluations of standards and performance, protect and assure the quality of international education and streamline current regulatory arrangements. It will join together the regulatory activity currently undertaken in the states and territories with the quality assurance activities currently undertaken by the Australian Universities Quality Agency.
TEQSA is will be one element of the new regulatory and quality arrangements:
* the Tertiary Education Quality and Standards Agency (TEQSA),
* a new National Register of Higher Education Providers,
* a new Higher Education Standards Framework, and
* the My University website.
Overseas students face biometric scans
The move has raised concerns, with overseas student educators calling for it to be handled sensitively to ensure negative attitudes to Australia as a study destination are not compounded by the initiative.
The Immigration Department last week confirmed that biometrics would be extended from detainees and asylum-seekers to most types of offshore visa applications, including student visas.
The screening process has been described by the Immigration Department as a discreet, non-intrusive examination that captures a digital facial image and 10-digit fingerprint scan.
The first stage of the trial will be applied at two locations. It then will be extended to missions across Africa, Asia, Europe and the Middle East in line with procedures already operating in Britain, the US, Japan and parts of the Middle East.
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People applying for English-language and schools-sector visas as well as for vocational education, higher education, postgraduate research and AusAID visas will be among those subjected to biometric scanning, an Immigration Department fact sheet says. .
"National security and fraud risks in the visa caseload" would guide the biometric collection categories, a department spokesman said.
The move follows the Immigration Department's receipt of a confidential risk assessment of Australia's student visa program last year that raised concerns about identity fraud in higher and vocational education visas.
In 2005, some British universities and colleges of higher education were suspected of becoming safe havens for terrorist ideas and recruits, according to London-based think tank the Social Affairs Unit.
At least two of the London bombers, who killed 52 people in July that year, had studied at British universities or higher education colleges, the Social Affairs Unit noted.
Dennis Murray, executive director of the International Education Association of Australia, said biometric scanning was an increasingly important tool in the fight against identity crime, and "potential students are part of that picture".
But it would be important for the matter "to be handled sensitively at overseas posts so as not to reinforce the current unfortunate perception that international students are not welcome in Australia", he said.
Council of International Students Australia president Robert Atcheson said clear rules were needed to protect individuals' privacy.
Biometric data collection will begin at selected locations in the next seven weeks; these will be announced as they are rolled out.
The government has come under pressure for not naming the countries to be targeted but it has argued it doesn't want undesirables exploiting the information before the system is in place.
Chris Bowen retreats in the face of Marcos Berenguel ruling
MMIGRATION Minister Chris Bowen has abandoned his attempt to limit the fallout from a High Court decision that helps foreign students win skilled migration visas.
In the case of Brazilian graduate Marcos Berenguel last March, the High Court overturned the refusal of a permanent residency visa.
The Department of Immigration and Citizenship had failed to take into account Mr Berenguel's up-to-date English test results because of an absurd and unfair reading of the rules, the court said.
Lawyers said the case could help thousands of overseas students already in the queue for skilled migration, a visa category the government has tried to reform following a student-driven blow-out.
Federal magistrates went on to apply the Berenguel ruling to other visa categories, prompting the minister to launch Federal Court appeals to try to limit the fall-out.
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Last week, Mr Bowen discontinued an appeal in the case of Ratan Kumar Banala. The week before, an appeal in the case of the Habib family was discontinued. A full bench of the Federal Court had been due to hear the Habib appeal last Wednesday.
A departmental spokesman cited legal advice as the reason and confirmed the minister no longer had any Berenguel appeals on foot.
Sydney immigration lawyer Peter Bollard said: "It shows that the ripples of Berenguel are still spreading out and it will be good news for a lot of people who were sweating on the outcome [of the appeals]".
In the Berenguel case, the department refused to accept an English test result that came in after his application for permanent residency as a skilled migrant. Under the rules, Mr Berenguel had to show results from "a test conducted not more than two years before" the visa application.
But there was hot demand for an International English Language Testing System test and Mr Berenguel could not book an exam until a month after his visa application.
The High Court said the rules simply meant he had to show "recent competency" in English.
The case has created a boom in retesting because there are delays between visa application, a decision by the department and any review by the Migration Review Tribunal. Under the Berenguel ruling, former students can take tests right up to a tribunal hearing.
Migrant skills go to the top of the list
THE points system for skilled migrants that notoriously preferred hairdressers over Harvard scientists is about to be abolished.
Immigration Minister Chris Bowen is scheduled to announce in Sydney tomorrow a new points system in keeping with wider reforms to skilled migration.
The reforms shift the emphasis to high skill levels and employee sponsorship, making it harder for overseas students with low-quality Australian qualifications to secure permanent residency.
Stricter rules for skilled migration have damaged the business model used by private colleges and universities to attract students and fee revenue.
In China, Tertiary Education Minister Chris Evans rejected any suggestion the commonwealth should compensate education providers for lost income.
"It's not about us making up the shortfall. I mean, universities are a business," he told the HES.
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"Some universities have gone into the international student market in a larger way than others."
An officially sanctioned and relatively easy pathway from local qualification to permanent residency as a skilled migrant helped create a multibillion-dollar export education industry.
Now, graduates will have to fit within July's new skilled occupation list, which gives prominence to high-skill jobs in health and engineering, and pass a strict new points test.
"The current weighting of points test factors leads to perverse outcomes such as the situation where a Harvard qualified environmental scientist with three years' relevant work experience would fail the points test, while an overseas student who completes a 92-week course in a 60-point occupation [such as cookery or hairdressing] would, with one year's experience, pass," says a discussion paper issued by the Department of Immigration and Citizenship.
The test gave an advantage to low-skill occupations on the Migration Occupations in Demand List, which was axed in February by Senator Evans when he was immigration minister.
Monash University researcher Bob Birrell said a reformed points test would allow the government "to apply a more discriminating filter to select the best applicants". This was possible because earlier decisions had slashed the number of points-tested places available while the number of former students seeking those places had risen sharply.
The discussion paper says in these circumstances, "Australia can, and should, select the best and brightest migrants for independent migration".
Senator Evans said universities understood the danger of becoming too reliant on one market.
"I think most of them have managed that risk quite sensibly over the years," he said. "They know they're vulnerable to such movements, as other industries are, and they'll just have to manage that as they work through the issues.
"But the fundamentally important issue at the moment is that the appreciation of the dollar is impacting on our export industries. It's going to impact on education. But it's not a question of the government picking up the tab for that lost revenue. They'll have to adjust their businesses.
"My role is to try [to] support them by encouraging participation in international education in Australia."
February's discussion paper floats possible changes to reward superior levels of English and applicants with higher degrees. It also flags a relaxation of the emphasis on youth, saying the test "does not adequately recognise the trade-off between age and work experience, particularly for highly skilled professionals".
It canvasses a possible end to the points bonus enjoyed by those with relatives in the country or with Australian qualifications.
The paper says local qualifications attracted extra points because of "the general quality" of Australian education and the fact studies were undertaken in English.
The poor English of foreign graduates from Australian institutions was one of the triggers for reform of skilled migration.
Maurene Horder, chief executive of the Migration Institute of Australia, said the new points system was keenly awaited.
She said students and the market were anxious for clarity after a year of upheaval.
Sydney immigration lawyer Peter Bollard said reform was necessary since the old points test was not performing as expected.
"It meant some people, especially with family sponsorship, could get through with very low skill levels," he said.
AUSTRALIAN CAPITAL TERRITORY (ACT) STATE MIGRATION PLAN OCCUPATION LIST
The ACT ‘State Migration Plan (SMP) Occupation List identifies occupations that are in demand in Canberra. The occupations
listed do not relate to a specific job vacancy, nor represent a guarantee of a job in a specific occupation. The applicant should
understand that the ACT Government is NOT responsible for finding them employment, accommodation or for providing any
form of financial assistance. Applicants must compete for positions with all people in the labour market as part of the normal
selection process. Success will depend on employer requirements, relevant skills and experience and level of English ability
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