Recently, the most significant event is the election result held on 21 May 2022. This article will share the latest updates on Australian Immigration during May and June 2022. Moreover, we will demonstrate what we see in the new labour government to the Migration Policy of Australia in the next few years.
Therefore, South Australia has many streams for skilled migrants (the highest number of migration streams available among all states and territories).
Know the complicating of South Australia Skilled Visa 491 and 190 nomination streams, we are writing this blog for someone who is seeking permanent residency pathway when you are not working in your nominated occupation or if you are from Melbourne or Sydney and not confident to get your nominated job in South Australia.
A common question that we have been asked many times is:
"How can I get 491 or 190 state nominations from SA if I am working as an Aged Care Worker or a Disability Care Worker, whereas my nominated occupation is totally different such as Accountant or ICT related? "
Work Experience Exemption streams in South Australia State Nomination 491 visa and 190 Visa Available
Usually, to get state nomination for a General Skilled Migration visa, there is a requirement of work experience in the nominated occupation or in any closely related field.
SA is even providing a more generous definition of closely related occupation.
They do not use the first 4 digits of ANZSCO code to determine closely related. They expand the list by accepting first 2 digits or even all occupations in the same skill assessing authority will be counted as closely related occupation.
However, it varies between each occupation. We highly recommend you look up your own occupation on the website to check your closely related options.
For skilled migrants who are not able to find a job or who are working in Aged Care or Disability sector that is not related to their major, these streams are perfectly fit for your Australian Permanent Residency purpose.
Migration SA provides exemptions for people who are living and working in outer regional South Australia or for people who are long term residents of SA.
Here are some of the exemptions you might be interested in:
Exemptions for applicants living and working in OUTER REGIONAL SOUTH AUSTRALIA in any occupation
According to this stream, Applicants living and working in outer regional South Australia for the last 12 months in any occupation (does not have to be a skilled occupation nor related to your nominated occupation) may be eligible to be nominated for a 491-visa nomination.
Applicants living and working for the last 24 months in outer regional South Australia in any occupation, may be eligible to be nominated for 190 visa nomination.
To be considered eligible for this stream, you must be currently living and working in SA Regional areas.
What to be considered before apply for living and working in outer regional of South Australia Visa 491 and 190?
Missing one of those requirement will not be eligible for visa 491 or 190 in South Australia State Nomination.
If you are working remotely and currently living in outer regional of South Australia, it may not be counted as being eligible for the stream.
If you are studying in Greater Adelaide Area and living in outer regional of South Australia, you may not be eligible for the 491 or 190 nomination in SA.
Lower skilled occupations like cleaners, waitors and waitresses ARE ELIGIBLE as long as you are earning taxable income from a company in Regional of South Australia.
Exemptions for international graduates of SA or their partners who are living and working in SA (including Greater Adelaide) as a long-term resident/s:
This may be a good option for applicants who have finished their studies from SA and are living and working in SA (including greater Adelaide) being long term residents of SA.
Under these exemptions, you may be eligible for subclass 491 nomination, if you have been living in SA for the last 3 years and you are working in SA for the last 12 months in a skilled occupation that is not your nominated occupation, including all Skill Level 1, 2, 3 occupations and Skill Level 4 Carers and Aides occupations.
For many graduates, they must have been in Adelaide for at least 2 years plus their temporary graduate visa 485 or Post study Work 485 Visa (These are 2 different streams under Subclass 485 Visa). Attaining 3 years of living and working in South Australia is so straightforward.
Those who are studying or complete their study in Accounting, ICT Major, Social Work, Community Work or Engineering in Australia will take the most advantage from long term resident SA 491 stream.
With those students, they may at least be eligible for 491 if they work as aged care workers or disability support worker in South Australia for State Nomination Visa 491.
Please be mindful that lower skilled occupations such as cleaners, waitors or waitresses, kitchenhands are NOT eligible for the stream.
Please talk to our immigration lawyer to see if your current employment is eligible for the program.
Work Exemptions for temporary visa holders residing in SA for 5 years:
You may be eligible for 491 nomination if you are residing in SA (including greater Adelaide) from last 5 years are currently working for the last 12 months in SA in a skilled occupation that is not your nominated occupation, including all Skill Level 1, 2, 3 occupations and Skill Level 4 Carers and Aides occupations.
Lower skilled occupations are not eligible
Not all the occupations have these exemptions available. We recommend that you check the requirements for your nominated occupation on SA Migration website before applying.
Who gets the benefit of SA nomination streams for Visa 491 and Visa 190?
Some of the occupations including Accountants and ICT related occupations, Social work, Community work or Engineering professionals are taking the most advantage of those streams above.
Those are courses that can get skill assessment immediately post-qualification without requirement of work experience canhave a lot of benefit of these streams in South Australia.
Especially, for international students interstate such as Melbourne or Sydney, you only need at least 12 months to apply for 491 visa or 24 months for 190 visa in South Australia Outer regional Area.
You may have a lot of work experience in Aged Care or Disability support, good time, South Australia is facing a severe shortage in health care sector in which having plenty of vacancies.
No matter who you are, where you studied or completed your study, South Australia always have an option for you to secure your Permanent Residency Pathway.
If you need help with deciding what your best option for South Australia state nomination visa 491 and 190, our team at Work Visa Lawyers is happy to help!
The one stumbling block for a lot of potential Global Talent Visa applicants is getting a nominator. While they may have internationally recognised achievements and are prominent in their fields, they cannot find anybody who can or will nominate them.
The nominator for a Global Talent Visa must be an Australian citizen or permanent resident or an Australian organization and MUST have a ‘national reputation’ in the same sector as the applicant.
One of the organizations that have been recognized by the Department of Home Affairs to have a national reputation and that can provide nominations to eligible applicants for the Global Talent Visa is the Australian Computer Society (ACS).
Australia has been known for exceptional high-quality education and a quality lifestyle, with four of its cities – Adelaide, Perth, Melbourne, and Brisbane being in the top 10 livable cities the world over.
Australia is home to 43 universities, some of them in the world’s top 100 Universities.
Australia is a safe and welcoming country; most students want to settle in Australia and get Australian Permanent Residency.
It is to be mentioned here that only a qualification cannot get a Permanent residency in Australia; you would also need to work in your occupation for a year or two to secure PR options in Australia. So, you must have a genuine interest in the subject you study, and you are willing to work in the area after completing your study.
Being in the migration industry long enough, we have seen many students push themselves into a course of study for PR purposes, and after a few months, they want to change their major because they did not have any interest in the subject.
To follow the article about “where I should study in Australia ”, international students may be in the middle of career pathway (Big cities with giant organizations and job opportunities to grow) and PR pathway (Regional areas with higher chances of getting permanent residency).
The 2 goals do not normally share the same way for most international students. So which states in Australia are the best for each type?
For anyone who has been on TSS 482 Short term in Australia during the pandemic, you might be eligible for a PR Pathway to 186 Visa. Read TSS 482 Short to PR here !
For other programs, you only need to meet the criteria of each streams you are aiming toward and apply for the visa. As long as you provide all supporting documents required by the Department of Home Affairs, you will just need to wait for the result.
It is not like that in Global Talent Visa Australia.
Through the process of expressing your interest in the Global Talent Independent program, you have to make sure the documents show your best aspect of your expertise in the Targeted Sectors.
As of 1 March this year, the new Migration (Migration Agents Code of Conduct) Regulations 2021 (“Code of Conduct”) came into effect, setting out the ethical obligations of RMAs with respect to their clients, their profession and other practitioners.
Maintenance of a high ethical standard across the migration law profession is essential to maintaining faith in the system, obtaining positive and consistent results for clients, and facilitating timely and efficient interactions with the Department of Home Affairs, the Administrative Appeals Tribunal, the courts, and any other stakeholders and beneficiaries of the migration law industry.
The 2014 ‘Kendall Review’ provided impetus for a revised and reworked code of conduct to update the previous iteration that it found to be overly long, clumsily structured, overly prescriptive, and with certain provisions onerous, confusing and inconsistent with consumer and practitioner expectations and modern business practices.
With the stated aim of creating a world class migration advice industry the new Code of Conduct is twice as long as the previous iteration and remains full of prescriptive, highly specific provisions. It is written in denser ‘legalese’ language, rather than ‘plain English’, it imposes a greater compliance and administrative burden on practitioners, and seems to remain, in some parts, inconsistent with consumer expectations.
That said, the Code of Conduct enshrines the key ethical responsibilities that RMAs have to their clients, the profession, and other practitioners. While we have both RMAs and lawyers (who are technically not subject to the Code of Conduct) at Work Visa Lawyers, such considerations are to always be kept front-of-mind. As a migration law firm one of our highest priorities is the maintenance of a very high standard of service and we gladly accept our accountability to our clients, the Department, and our fellow practitioners for the quality of the service we provide.
The explanatory statement of the new Code of Conduct sets out the purported aim to
“…clarify and revise a migration agent’s obligations including obligations to notify certain events… enable migration agents to more clearly understand their obligations and implement best practices followed in comparable industries, including obligations relating to advertising, managing clients’ accounts, managing conflicts of interest and working in a business with others who may not be RMA’s”
The Code of Conduct itself provides its purpose at section 5 as being to:
Protect clients of migration agents; and
Strengthen the integrity of the immigration advice industry and Australia’s immigration system.
The most useful way to get a sense of the ethical obligations set out in the Code of Conduct is by way of a brief look at the section titles of the six Divisions of Part 2 of the Code of Conduct.
Part 2—General duties
Division 1—General
13.......... General duty to act professionally, ethically etc
14.......... Duty to treat all persons with appropriate respect
15.......... Duty not to make false or misleading statements
16.......... Duty not to threaten to contravene this instrument
Division 2—Duties relating to Australia’s immigration system
17.......... Duty to comply with migration law
18.......... Duty not to undermine the migration law
19.......... Duty not to give futile immigration assistance
20.......... Duty to avoid making false or misleading statements etc. to government officials
21.......... Duty relating to correcting false or misleading statements etc
Division 3—Duty to maintain skills and knowledge
22.......... Duty to maintain skills and knowledge
Division 4—Duties relating to practice management
23.......... Duty to ensure that immigration assistance is given only by registered migration agents
24.......... Duties relating to work or services performed by persons other than registered migration agents
25.......... Duties relating to MARN
26.......... Duties not to make false or misleading statements in promoting business etc
27.......... Duty to hold professional indemnity insurance
Division 5—Duties relating to keeping Authority, clients, Department and review authority informed of matters relating to migration agent
28.......... Duty to notify Authority and clients of material changes in matters shown in Register
29.......... Duty to notify Authority of changes in circumstances relevant to agent’s continued registration
30.......... Duty to notify clients, Department and review authority if registration suspended
31.......... Duty to notify clients, Department and review authority if registration expected to lapse
Division 6—Duty to respond to requests from Authority for information or documents
32.......... Duty to respond to requests from Authority for information or documents
From this brief look at some of the core duties dealt with by the Code of Conduct we can get a sense of the key areas that RMAs must look to fulfil their ethical obligations. RMA’s have obligations to their clients; to the migration laws of Australia, the Department; and to themselves and their profession.
The ethical obligations as set out in the new Code of Conduct supports the stated aim of creating a world class migration advice industry in which integrity is paramount to obtaining a fair, legally sound, and justifiable decision. These ethical standards create equity for all applicants and practitioners before the law and ensure a level playing field.
Requirements on practitioners to ensure that they maintain a high level of skills and knowledge of the ebb and flow of migration law, alongside those duties relating to practice management, compels RMA’s to only take on matters which they are skilled and knowledgeable enough to conduct well and can give clients comfort that any RMA that they engage to assist with a migration law matter will have the skill, knowledge, and expertise to provide assistance.
These expectations are clearly set out in section 13 of the Code of Conduct, which reads as follows:
13 General duty to act professionally, ethically etc.
(1) A migration agent must act:
(a) professionally; and
(b) competently; and
(c) diligently; and
(d) ethically, honestly and with integrity.
Note: The other provisions of this instrument supplement, but do not limit, the general duties in this subsection.
(2) A migration agent must not engage in conduct (whether in the agent’s capacity as a migration agent or in any other capacity) that is reasonably likely to damage the reputation of migration agents or the immigration advice industry.
Are you planning to study or work in Australia for its Permanent Residency?
Are you curently in Australia and seeking Australian PR pathway with your skill?
Today’s topic is talking about the best state for skilled visa and employer sponsorship program.
Our opinion about the best state for each stream will be illustrated in the conclusion.
We have recently discussed the comparison of each state regarding its study life in Australia by the “where should I study” series.
Today we are going to look at the comparison of each state sponsorship program (Visa 491, Visa 190), and the employer-sponsored visa options (Visa 482, Visa 186...) for those who are working in Australia.
Skilled Migration Program and Employer Sponsorship Visa in New South Wales (NSW)
NSW is the most popular state in skilled migration programs and employer sponsorship, making it highly competitive.
Speaking of skilled visas 491 and 190, you do not need to be working in your nominated occupation to be eligible for the 190 visas or 491 visas.
You only need to reside there for 3 months and seek a nomination for the skilled nominated visa 190.
However, NSW does not offer a full range of skilled occupations list similar to SOL of the Department of Home Affair and please be aware that the list can be changed from time to time.
While requirements are relatively straightforward , NSW is still very competitive and only chooses applicants with the highest points test score due to a significant number of applications per year.
This is appropriate because the number of international students and workers in NSW are much higher than its allocations number each program year.
The excellent candidates will be selected. If you think you might be eligible for NSW State Nomination Visa 190, 491, please book an appointment with our experts.
If you choose to study in NSW for a skilled visa, you should consider going to regional areas of NSW like Newcastle or Wollongong for a chance to obtain a visa 491.
It may be very difficult for fresh graduates in NSW to compete with other applicants to achieve high points.
Nevertheless, Sydney has many global organizations to offer opportunities for employer sponsorship in management related and also high-level ICT Related occupation.
Accoutants, the most popular occupation which has been on its downside recently seems to be more interested in getting PR through Visa 482.
Accoutant is listed on Medium and Long Term Skilled Occupation list, which gives the applicants more Permanent Residency pathways.
This employer sponsorship program can give international students and workers opportunities for permanent residency pathways for certain occupations and streams
Especially for applicants who have been in Australia during the pandemic (more than 12 months from February 2020 to December 2021 in Australia), you might be eligible for a 482 Short Term to Permanent Residency.
State Nomination Visa 491/190 and Employer Sponsored Visa 482,186 in Victoria
Victoria offers a VERY LIMITED skilled occupation list and benefits to its students who study there and seek state nomination from Victoria.
You may be disappointed if you did not choose the right major for your study in Victoria.
However, there is no clear guideline in the Victoria state sponsorship program.
Except for the requirement that you work in its target sectors, your occupation must use STEMM skills.
There are around 227,000 international students in Victoria, with only 4000 places in state nomination each financial year. (Statistics from November 2020)
It means you only have around a 2% chance to get a skilled visa 491 or 190 in Victoria.
It is worth mentioning that Victoria is famous for its employer sponsorship program.
There are a lot of big companies in Melbourne that may offer employer sponsorship opportunities similar to Sydney.
CONTACT OUR IMMIGRAITON LAWYERS TEAM TO DESIGN THE BEST STUDY PATHWAY TO PR FOR YOU AND YOUR FAMILY
To study in Victoria, you should select a major in their target sectors or an occupation which is listed in Medium and Long term skilled occupation list for higher chances of getting Permanent Residency in Australia
Otherwise, you will end up going regional area to seek the nomination.
Skilled Visa 491/190 and Employer Sponsored Visa 482,186 in Queensland
Queensland is focusing on nominating those working in the state.
To be eligible for a skilled nomination in QLD, you must be working full-time in your nominated occupation for at least three months after completing a minimum of 2 years of study.
If you study Ph.D. in QLD, you may be nominated for permanent residency 190 visas from Queensland.
You may be disappointed if you are a skilled migrant here because of its water-dropping invitations during the year with just over 2,000 allocations.
However, QLD is the first state to introduce its Small Business Owner stream, and this program has a lot of benefits to international students who have completed their studies.
And QLD has a lot of job opportunities you can look for regarding employer sponsorship programs visa 482 to have a pathway to Permanent residency subclass 186.
Moreover, Queensland has just opened DAMA Stream in Townsville region
You need to consider these streams if you choose to study in Queensland.
Skilled Visa 491/190 and Employer Sponsored Visa 482,186 Western Australia
Western Australia’s nomination requirements are simple, but their skilled occupation list is limited.
To be eligible for WA Nomination, you need a job offer in the Schedule 2 list
Or have 12 months of Australian work experience in the nominated occupation in the Schedule 1 list.
They have a graduate pathway for those who study for at least 2 years in WA.
However, their migration program can be challenging, with its occupation list changing from time to time without notice.
The employer sponsorship program is suitable for those who are working in the mining industry.
Choosing WA as a destination for study and permanent residency is not a good choice unless you are talented
Skilled Visa 491/190 and Employer Sponsored Visa 482,186 ACT
The Australian capital Territory gives you access to nomination via Canberra Matrix only.
Please be aware that this matrix is different from the EOI points test from the Department of Home Affairs.
There is no specific graduate pathway in the ACT. However, you can get higher matrix points with more years to study there.
ACT also has its own critical occupation list with points score level of chance to be selected
Importantly, this critical list has been changing continuously during the last financial year
ACT just opened their small business owner stream last year, 2021; this stream will give applicants more matrix points and a chance to be selected for nomination.
ACT has most jobs in government which usually requires a permanent residence status. So, we don’t recommend ACT as a place for employer-sponsor
Choose to study in the ACT if you are familiar with the matrix process and enjoy the top study quality.
Skilled Visa 491/190 and Employer Sponsored Visa 482,186 NT
The Northern Territory is famous for its generous skilled migration program in supporting its own graduates
There are graduate and working streams in NT with its full range of occupations and simple requirement without work experience. All you need to do is to prove your long term commitment to NT for a PR nomination
The Graduate stream gives more benefits if
applicants can prove long-term commitment to the state
and have another 6-month stay after graduation with NT under a Temporary graduate visa.
In our experience, NT will be happy to send out invitations for those applicants.
NT has NT DAMA, which utilizes the labor agreement stream of TSS 482 visas.
With the willingness to nominate graduates – the NT is a good all-round option.
If you choose to study in NT for PR, choose some courses that instantly help you get skill assessment without working requirements and those courses must be be able to get you a Tmporary Graduate 485 Visa.
State Nomination Visa 491/190 and Employer Sponsored Visa 482,186 Tasmania
Tasmania is one of the friendliest states for skilled nominated visas with its clear guidelines and transitional arrangements if rules are changed
If you started studying in Tasmania now, you might have to be working in Tasmania to be eligible for nomination.
Current requirements are 3 months and 6 months for 491 and 190 respectively, with occupations in Tasmania’s list.
Tasmania currently announced a new stream of small business owners, which is the most straightforward requirement among all states.
Tasmania has a very high level of allocations compared to its low population of international students
It has 3300 allocations in visa 491 and visa 190 and only 12,500 international students in the states
However, you need to consider the population and market before studying or opening a business in tasmania for the small business owner stream visa 491 and visa 190.
if you are interested in Tasmania state nomination, call us now for the best advice.
However, with its low population and stable economic activity in the state, Tasmania seems to be not an attractive destination for whom seek employer sponsorship program
State Nomination Visa 491/190 and Employer Sponsored Visa 482,186 South Australia
South Australia has one of the most comprehensive state sponsorship visa program and moderate Employer Sponsorship opportunities where skilled migrants can consider towards.
They offer the full range of skilled occupations, but the requirements may vary in each occupation
Comparing the number of South Australia’s international students and its allocations, they have significantly more chances than others who study in metro areas like Brisbane (QLD), Melbourne (Victoria) or Sydney (NSW).
State Nomination South Australia Visa 491, visa 190
South Australia has a lot of different streams and separate regional postcodes in South Australia where more concessions of Permanent Residency pathway are allocated in the state.
Generally, you need to be working in your nominated occupation from 3 to 18 months for 190 and 491 visas
Or working in ANY OCCUPATION in regional postcodes of South Australia to get 491 visas
There is also a high GPA stream with a chance to be nominated 190 visas in SA
Under the talent and innovator program, SA has announced a startup and small business stream, which has actively invited applicants 190 visas.
Employer sponsorship program in South Australia
SA is a good place to come with its employer sponsorship, for some occupations like motor mechanic, chef or cook in outer regional so that applicants can prepare themselves a backup plan to skilled migration program.
South Australia, same as NT, is actively enhancing its DAMA streams. It means simple requirement with more occupations in the list for Australian PR.
Study in South Australia to enjoy its work-life balance while you are aiming for permanent residency
Work Visa Lawyers has been established in South Australia with a team of Immigration lawyers and Registered Migration Agents who are specialized in South Australia Immigration.
Which state is the best for skilled migration program visa 491,190 and which state is the best for Employer Sponsored visa 482, 186?
To conclude, the best states for migration for international graduates are South Australia, Tasmania and the Northern Territory. This is because these states strongly support international graduates and have comparatively high numbers of visas allocated to these states.
Part of this high allocation is that all the states are considered regional.
The best state for migration based on employer sponsorship depends on which state offers the most opportunities for your occupation.
For many management-related occupations or occupations that would be employed by large organisations including high-level ICT jobs, the best states may be New South Wales which has Sydney and Victoria which has Melbourne.
If your occupation is mining-related then attractive states would include Western Australia, Northern Territory, Queensland and South Australia.
That is all for today. We hope that this writing can give you a better idea of which state you should choose to study in Australia to get permanent residency.
This information is correct at the time of publication but is subject to change without notice. All information provided on this page is provided for purely educational purposes and does not constitute legal advice. For advice on your situation, please speak with an Immigration Lawyer or a Registered Migration Agent.
The Global Talent Visa (GTV) on the other hand has gained popularity as it was an attractive option for several skilled and talented individuals because it was designed to be a streamlined pathway to permanent residency for those who are considered as high-calibre, outstanding global talents.
So how would you know whether the Global Talent Visa or another skilled visa is suitable for you? Below are some of the considerations
