Skilled and Business Visa Update
SKILLED VISAS
When it comes to company sponsored visas, fulfillment of the Genuine Position Criteria has become the backbone of all applications. Recently, Case Officers are increasingly exercising their discretionary power to question this criteria based on the genuine need to hire a full time paid employee.
This stems out of the introduction of a ‘genuineness test’ to be conducted by departmental officers from July 2013, to ensure that the position associated with the nominated occupation is genuinely required to address skills shortages in Australia.
Based on this test and criteria, a delegate must be thoroughly satisfied that the nominated position is genuine and may refuse the application if:
- the tasks of the nominated occupation do not correspond to the tasks of an eligible occupation, or
- the position associated with nominated occupation is not genuine
In order to satisfy these criteria the sponsoring entities must ensure that their corresponding nominations are genuine and subsequently provide appropriate evidence to back this up.
BUSINESS VISAS
Ever since the changes implemented in July 2013, the interest for business visas has dropped due to the higher barriers to entry for overseas migrants. However, it seems that the activity in this area has recently picked up as we are getting more inquiries and requests for preparation of business plans as well as staging of research tours with clients.
To be successful in obtaining the state sponsorship it is vital to thoroughly understand and fulfill the individual state criteria. Each state has its own specific requirements in addition to the DIBP criteria.
For instance, almost a year ago, NSW State Government has abolished the mandatory meeting with the government, which makes it a little bit easier for clients to apply. However field research conducted by clients in the area of their future business intentions is still highly regarded and preferred. Similarly, from a commercial and genuine intention point of view all 132 visa subclass clients are expected to personally investigate the respective local markets in which they are going to make their significant future investments.
BzMark is offering their professional assistance in preparation of the business plans and in organising and conducting research tours where applicable in support of all business visas and for all Eastern Australian.