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Jerry-Gomez

Jerry-Gomez

Jerry Gomez is the Editor at Migration Alliance as well as an experienced RMA (MARN 0854080) and Lawyer practicing in Immigration Law, Business Law and Property Law.

Posted by on in General

Graduate engineers from around the world may well have their last chance to apply for a temporary visa to work in Australia this year if the department of immigration proceeds with plans to drop the Skilled Recognised Graduate (sub-class 476) visa from next year.

The visa which allows recent graduates from recognised universities to work in Australia for up to 18 months in order to gain work experience was introduced in 2007 with the aim of easing engineering shortages. It is available to applicants aged below 31 years, with competent English language ability and who have graduated within two years from the date of application from recognised foreign institutions.  

DIBP is expected to scrap this visa as early as next year, according to an internal proposal paper of the department, which was obtained by The Australian Financial Review.

The number of applicants for the visa almost doubled last year to 1100 but DIBP’s paper states that it does not see “an adverse outcome arising” from the possible repeal of the visa.

“The cohort for this visa is very small, with approximately 600 visas granted in 2012-13 and approximately 1100 visas granted in 2013-14,” says the department’s proposal paper.

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The government is intending to introduce a one-year multiple entry visa for foreign workers that would not require applicants to pass language or skills requirements. Nor would employers have to prove they cannot find an Australian to fill the position.

The proposed “short-term mobility” subclass of visas would be available for “specialised work which may include intra-company transfers and foreign correspondents”, says a proposal paper obtained by The Australian Financial Review.

This visa is expected to replace the existing sc400 visa.

The current sc400 is problematic because employers have to prove that the intended work is ‘non-ongoing’ and the standard grant is 4 weeks although legislation allows grants for up to 6 weeks. Case officer’s have the discretion to determine both the time-frame and whether the specialised work is ‘non-ongoing’ in their decision. A conservative approach in decision-making has sometimes, had the unfortunate effect of resulting in refusals and the redirection of applicants to the more onerous 3-stage sc457 visa.

The new visa is a sensible approach but it remains to be seen if, under the new system, sc457 visa applicants will instead be redirected to this new "short-term visa”, thus limiting the pathway to permanent residency.

According to the AFR, there has been a steady increase in the sc400 visa applicants since it was first offered in 2012. The number of visa grants jumped from 4587 in the year ending 2013 to 32,984 in 2013-14. Applicants are concentrated in mining, manufacturing, construction and education.

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More than 9000 public servants at the Immigration Department face random or targeted breathalysing and drug testing in their offices under a tough new workplace regime. DIBP officers are also being told that they must dob-in colleagues they suspect of misconduct, even if it occurs away from the workplace.

The crackdown doesn’t stop at drugs and alcohol use on their day jobs but is expected to see investigations into second jobs, social media use and sloppy appearances among the department's public servants, according to a report in The Canberra Times.

Immigration is the fourth largest public service government department now employing just over 9000 people according to ABS statistics.

Customs has already adopted these policies as part of its ongoing battle to get on top of its internal corruption problems.

A fact-sheet issued to the officers apparently sets out that public servants will be in trouble if caught with a blood alcohol reading above .02 or if they are found to be "impaired" by illegal or prescription drugs while on duty, according to the news report.

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Last year, an unlicensed immigration adviser for New Zealand visas, Richard Martin, was sentenced to three years and seven months’ imprisonment after being found guilty on 93 immigration-related charges.

The New Zealand’s Immigration Advisers Authority (IAA) said that this was the heaviest penalty handed down to an unlicensed adviser, since the IAA’s inception in 2007. Undoubtedly, it reflects how aggressively the IAA pursues and prosecutes fraudsters in the industry and how seriously it takes its role in protecting vulnerable people.

Acting Assistant General Manager of Compliance and Border Operations at Immigration New Zealand (INZ) Arron Baker said the sentencing is a result of a thorough investigation by INZ and the IAA. 

“Today’s sentencing should act as a deterrent to any other unlicensed adviser operating outside the system. They can expect the full force of INZ, IAA and New Zealand Police, if necessary, to ensure the integrity of our systems are maintained and vulnerable people are protected” said Mr Baker in a statement.

Like New Zealand, Australia has a system of licensing migration advisers. The system managed by MARA aims to promote and protect the interests of people receiving immigration advice. Essentially, it does this by issuing licenses to people who:

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Australia’s is ageing faster than ever and birth-rates have fallen over 3 percent last year, according to the latest figures from the Australian Bureau of Statistics. The figures show that immigration remains critical to Australia’s sustained growth but what is troubling is that migrants are flocking to Sydney and Melbourne while the other states are experiencing drastic falls in the rate of population growth. The statistics certainly indicate that there is an urgent need to better manage Australia’s immigration system to encourage a more even distribution of new arrivals.

Immigration added over 212,700 people to Australia's population in the year ending June 2014.  Net Overseas Migration (NOM) remains the key driver to Australia’s population growth, contributing over 58% to growth over the year to take the country’s resident population to 23,490,700people.

The Australian Bureau of Statistics Australian Demographics report, released last month, found that while all states had population increases from migration over the 12 months, some states saw drastic falls in the rate of growth.

Western Australia's migrant intake dropped by 40% or almost 20,000 people over the same period - on par with the Northern Territory (down 40% or 2000 people) and dropped further than the Australian Capital Territory (down by 700 people or 25%). Queensland's rate fell 24% with nearly 10,000 migrants coming to the state in the year to June.

New South Wales and Victoria continued to experience growth in net overseas migration, adding 6,300 people in NSW and 2,300 people in Victoria.

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