This page contains important news, tips and updates to Australian Migration Law.
Helpful for - International Students in Australia and for people intending to Migrate. Provided by Dinesh Weerakkody -Solicitor & Barrister An Australian Migration Agent(0742843) C/O Oates Rennick & Associates
New MODL and the priority processing of CSL applications
Published By Dinesh Weerakkody - Solicitor & Barrister
As publicised the first issues paper of the Migration Occupations in Demand List (MODL) review, being conducted by DEEWR and DIAC, is open for public comment now.
Many are asking questions about the role of the new MODL and how it affects priority processing of CSL applications.
The arrangements for the transition to the new MODL will be determined once the outcomes of the review are finalised.
The Critical Skills List(CSL) will remain in place while the review is in progress and then be phased out following the implementation of any recommendations flowing from the review.
Occupations which are listed on the CSL receive priority processing, which assists the targeting of the migration program.
These arrangements will continue until the review is finalised. Once the review is finalised, arrangements for phasing out the CSL will be announced.
Contact us for more information Dinesh Weerakkody LLB; PDLP
Solicitor & Barrister (An Australian Legal Practitioner)
An Australian Migration Agent (0742843)
MODL Review is taking place Published By Dinesh Weerakkody - Solicitor & Barrister
MODL Review
The government has agreed to reform the MODL to make it more forward looking, focusing on Australia’s skill needs for the future and giving priority to migrants with high value and high quality skills.
The first issues paper of the Migration Occupations in Demand List (MODL) review, being conducted by DEEWR and DIAC, is open for public comment now.
A second issues paper will be published later.
During the course of the process, DIAC also plans to hold consultation forums in Sydney and Melbourne.
What is the Migration Occupations in Demand List (MODL)?
The Migration Occupations in Demand List (MODL) lists those occupations and specialisations identified by the Department of Education, Employment and Workplace Relations (DEEWR) that are in short supply.
How often does the MODL change?
The MODL is reviewed twice a year to take into consideration existing and emerging skills shortages. This does not mean the list is changed twice a year. Changes only occur if there has been a significant change in labour market trends.
As the MODL may change from time to time, you are advised to check the current MODL at the time you are lodging your visa application.
How are occupation points awarded on the points test?
If your nominated occupation is on MODL either at the time your application is lodged or assessed, you will be eligible for 'occupation in demand/job offer' points on the General Skilled Migration points test. You will receive extra points if you have a job offer from a suitable Australian employer.
Contact us for more information
Dinesh Weerakkody LLB; PDLP Solicitor & Barrister (An Australian Legal Practitioner) An Australian Migration Agent (0742843)
Pathway for CIMA members to CPA Australia membership
The following steps demonstrate the pathway for the Chartered Institute of Management Accountants (CIMA) qualified members to become a CPA Australia member under the conditions of the mutual recognition agreement (MRA) in the status CPA in the case of an Associate CIMA member or FCPA status in the case of a Fellow CIMA member.
Step 1: determine eligibility
The following criteria applies to Associate or Fellow members of CIMA who:
have successfully completed:
the CIMA professional qualification
the CIMA practical experience requirements
and
is a member of good standing and not under any investigation for professional conduct infringements with CIMA
Each application is subject to a formal, individual assessment of qualifications. If you are uncertain as to your eligibility for membership under the MRA, contact MAIS.admission@cpaaustralia.com.au
Step 2: complete application
Complete the Application for admission as a CPA under a MRA form. Include the following with your application:
100 points of identification (see application form)
admission and membership fee (see application form)
letter of good standing dated no older than one year prior to application - to be obtained from CIMA which contains the following information:
date joined CIMA
date advanced to current member status
date current membership is fully paid to
confirming you are not a member of CIMA by virtue of another mutual recognition agreement
confirming you are not currently subject to any disciplinary sanctions or investigation and have not been subject to any disciplinary sanctions in the past five years
change of name documentation (if applicable)
Step 3: forward application
Forward your application to:
Member advisory and information services
CPA Australia
GPO Box 2820
Melbourne VIC 3001
Step 4: processing of application
Your application will take approximately four weeks to process. If there are any queries regarding the details of your application a CPA Australia staff member will contact you via email.
If your application is successful, an initial email will be sent to you informing you of your success. A welcome pack including a membership certificate will follow by mail.
If your application is unsuccessful, a letter will be sent to you outlining the reasons why your application was not successful. Advice will be provided as to how you can meet CPA Australia’s membership requirements.
Once you are a member of CPA Australia your obligations are to undertake CPA Australia's requirements in the following areas:
continuing professional education (CPD)*
professional conduct
professional assurance
professional standards
*Completion of CPA Australia's CPD requirements will also satisfy CIMA's CPD requirements. You will be required to report annually to both CIMA and CPA Australia.
Note: The MRA does not include rights to conduct public accounting services, signed audited financial statements or act as a tax agent. A separate application for the practicing certificate issued by CPA Australia is required.
This information was copied from CPA web site on 5/08/2009 By Dinesh Iriyagolle Weerakkody
Close of Colleges - Sterling and Melbourne International - Further information for affected students and payments
Note: When choosing an education provider students should not only consider the fees of the courses and number of days the courses are held but must also investigate the reputation and quality of the education that will be provided and of the agent.
The writer pleads with the students and advice seekers to do research and use a degree of caution and common sense when making decisions that affects once future and when consulting agents and not only of the cheap cost of some consultations.
Further there is information the affected students on the AEI (Australian Education International) website or are downloadable here:
Students are advised that under the ESOS Act, ACPET is required to offer them a suitable alternative course and that they will not be required to pay extra money if they have already paid money in advance to Sterling College or Melbourne International College.
Students are advised that under the ESOS Act, ACPET is required to offer them a suitable alternative course and that they will not be required to pay extra money if they have already paid money in advance to Sterling College or Melbourne International College.
If ACPET is unable to find a student a suitable alternative course, then the ESOS Assurance Fund may offer the student a suitable alternative course, and if the Assurance fund is not able to place the student in a suitable alternative course, the student may be eligible for a refund.
Students can arrange their own enrolment in another course, but they must notify ACPET if they do so.Students are advised that: “You do not need to enrol yourself in another course at this time. Arrangements are being made to place you in another course as soon as possible. You should retain all records concerning your enrolment at Sterling College Pty Ltd including receipts and academic records.”
There are also Frequently Asked Questions with further information on the AEI website.
Contact us for more information
Dinesh Weerakkody LLB; PDLP Solicitor & Barrister (An Australian Legal Practitioner) An Australian Migration Agent (0742843)
If you hold a Bridging Visa E with work rights - No points for Aus Work Experience
Published By Dinesh Iriyagolle Weerakkody - Solicitor & Barrister Migration Agent (0742843)
Notes By: Dinesh Weerakkody: Always check the criteria for migration from the source. Migration Lawyers do not rely on any other source and only refer to the Migration Act, Regulation, Migration policy manuals, Ministerial Directions , tribunal and court decisions. The assessments will be based on case by case basis.
For General Skilled Migration (GSM) applicants, the DIAC website advises that: Points will be awarded for Australian Work Experience if (among other things) you have been employed in Australia “while holding a visa that allows you to work”. This is not correct. An applicant could not be granted points for Australian work experience done while holding a BVE with work rights.
The correct information is in the Migration Regulations (Reg) :
Reg 2.27C - Skilled occupation in Australia
In determining whether an applicant satisfies a criterion that the applicant has been employed in a skilled occupation for a certain period, a period of employment in Australia must not be counted unless the applicant:
(a) held: (i) a substantive visa; or (ii) a Subclass 010 Bridging A visa;or (iii) a Subclass 020 Bridging B visa; authorising him or her to work during that period; and
(b) complied with the conditions of that visa.
The DIAC has been notified and DIAC will correct its website information. Source – The Migration Institute.
Contact us for more information
Dinesh Weerakkody LLB; PDLP Solicitor & Barrister (An Australian Legal Practitioner) An Australian Migration Agent (0742843)
We are not just Migration Agents. We are also Qualified Australian Lawyers. So even after you migrate we are happy to extend our friendly services, for e.g. when buying property, finance , certifying documents and other legal work. More...
Contact Us Dinesh Weerakkody LLB; PDLP Solicitor & Barrister (An Australian Legal Practitioner) An Australian Migration Agent (0742843)