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On 1 March 2019, Minister Coleman announced that applications to sponsor a parent for a Sponsored Parent (Temporary) visa will be open from 17 April 2019.

We previously ran the announcement of this story on this blog here.

The legislation tied to this new visa which allows sponsors to bring their parents to Australia for longer periods was passed in November last year.

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The Fair Work Ombudsman has secured $65,438 in penalties in Court against the former franchisee of two Subway outlets in Sydney for underpaying a Chinese worker more than $16,000.

The Federal Circuit Court penalised Danmin Zhang $9,255 - who formerly operated Subway franchise outlets at Artarmon and Stanmore. The company Ms Zhang and her husband operate, G & Z United Pty Ltd, has been penalised a further $56,183.

Fair Work Inspectors found the worker, a Chinese national, had been underpaid a total of $16,345 for work performed across both stores, after she was paid unlawful flat rates of $14 to $14.50 per hour.
Under the Fast Food Industry Award 2010, she was entitled to receive minimum rates of more than $18, plus casual loading, for ordinary hours, and penalty rates of up to $52.22 on public holidays.

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The MIA have released a YouTube video to the public about the Northern Territory's DAMA Mk II.  The presentation by the Northern Territory Government is very helpful and comes complete with a detailed powerpoint presentation on the NT's DAMA Mk II.

The video can be found by clicking below:

UPDATE 4 MARCH 2019 12:30PM: The MIA removed this free video from YouTube shortly after this article was released. 

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The following information applies from today:

Immigration SA is introducing some changes to its general skilled migration nomination policies. All involve offering greater opportunity for nomination, with graduates of South Australia’s educational institutions particularly benefiting.

Rewarding international students that have been long-term residents of South Australia
Immigration SA recognises the long pathway that some students take to achieving their career and permanent residency goals.  
Immigration SA particularly would like to recognise those current and former students that have contributed to and remained in South Australia (and no other jurisdiction) for many years, showing their ongoing commitment to the state.   
From 28 February 2019, Immigration SA will offer state nomination for the Provisional 489 visa to any applicant who: 
  • Is a current or former international student residing in South Australia; AND
  • Has resided continually in South Australia since March 2012 or earlier and continues to reside in South Australia; AND
  • Is currently:
    • working in South Australia in any occupation (does not have to be at a skilled level) for at least the last 3 months (minimum of 40 hours per fortnight); OR
    • studying a course with a minimum duration of one academic year in South Australia.
Finer detail:
  • This policy is being introduced as a pilot initially. Immigration SA reserves the right to change its nomination requirements, whilst Commonwealth requirements may also change.
  • Applicants will need to show evidence that they have remained in South Australia continuously since March 2012. This includes confirmation of the various courses enrolled in, visa subclasses held and residency over time.  
  • Applicants who have lived, studied or worked in another Australian jurisdiction for any period of time since 2012 will not be eligible. Verification checks will apply.
  • Short visits home or holidays will not break the SA residency requirement, provided that evidence of continued connection to South Australia is provided (i.e. continued enrolment and/or employment and relevant visa held).
  • To be considered a former international graduate of South Australia, you must have completed a CRICOS registered course with a minimum duration of 46 weeks. 
  • If currently studying, this course must also be CRICOS registered for a minimum of 46 weeks.
  • The applicant must meet all other state nomination and Department of Home Affairs’ requirements. As per any application for state nomination, a valid Skills Assessment and English language test result is required. For the latter, only the minimum Department of Home Affairs requirement of ‘Competent’ English is necessary (unless a higher level is required for registration purposes - see 6.5 and 9.10).

Expansion of the high performing graduate category for South Australian graduates 

Immigration SA offers state nomination without the need for work experience to students able to obtain a skills assessment where they can meet the high performing graduate settings.  
For South Australian graduates with a bachelor’s degree graduates or a masters by coursework after a South Australian bachelor’s degree, this work experience waiver required a minimum grade point average (GPA) of 6.0. This mark remains for those seeking nomination for a permanent 190 visa.
For other students who have performed very well in their studies, but not to a GPA of 6.0 and above, Immigration SA will offer Provisional visa nomination (subclass 489) to those scoring a GPA of 5.20 to 5.99. This will allow these students to spend longer in South Australia than via other temporary pathways available, giving them more time to establish their careers.
This expansion is most relevant to those students completing courses where an occupational skills assessment is possible immediately upon course completion, such as engineering and accounting/business degrees. Some courses, particularly those assessed by VETASSESS, require at least 12 months of skilled work experience before a skills assessment can be awarded. 
To access this waiver, the applicant must have completed their South Australia degree within the last two years and continued to live in South Australia since then. 

Minor change to Chain Migration Policy (removal of bachelor’s degree requirement)

Since its introduction in July 2014, chain migration has allowed a pathway for many migrants to join with their family members in South Australia.  
For applicants with an eligible family member already residing in South Australia, the chain migration pathway offers access to occupations on the Supplementary Skilled List, but since its introduction, this required a minimum bachelor’s degree or higher.
This bachelor’s degree requirement has now been removed, meaning access to a range of trade occupations that are not on the State Nominated Occupation List is now possible for those with eligible family in South Australia.  
The chain migration pathway continues to offer access to a provisional visa, not a permanent visa.
It remains important that chain migration applicants carefully consider their likelihood of achieving skilled employment in their nominated occupation or any other occupation when making the decision to migrate, as they are being nominated primarily based on their close family links. We expect that the existing family member will be on hand to provide considerable settlement support as required.
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The instrument repeals IMMI 13/037 (F2013L00727) (the old law) in accordance with subsection 33(3) of the Acts Interpretation Act 1901, which states where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

The instrument operates to specify, for the purposes of subregulation 5.40(1) of the Regulations: · the fees payable to an Assessing Authority for an application of assessment of a person’s occupational qualifications or experience (or both) and educational qualifications; and · the fees payable for an application for internal review of an assessment.

The purpose of the instrument is to update the assessment types and fees payable to Trades Recognition Australia for an assessment under subparagraph 40(1)(a) and (b) of the Regulations.

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