In this March immigration news blog, we will cover all the latest Australian immigration updates, including:

• A preview of immigration policies in the lead-up to the federal election

• An increase in the income threshold for the 482 visa, 186 visa and 494 visa

• Details on South Australia’s 190 visa and 491 visa

Recent Visa Grants

To start, we are sharing some of the visas that we have recently obtained for our clients:

• Partner Visa 100

• Global Talent Visa applied for last year

• 186 visa transition pathway

• 482 Short-Term Stream visa applied for offshore

• 494 DAMA visa for aged or disability care

• Citizenship approval

• Student visa

• 190 visa grant for a Marketing Specialist applied for in 2023

• 190 visa grant for a Software Tester applied for in 2023

• Visitor visa subclass 600

If you are looking to apply for an Australian visa, please contact us by booking an appointment. We can assist with your visa application.

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Australian Federal Election and Immigration – Policy Preview for Major Parties and Independents

If the current Labor government wins, it is expected to continue with the following policies:

• Maintain migration allocation levels similar to 2025, which is 185,000 visas for that year.
• Continue with migration strategy reforms, which were announced in December 2023. This may include a review of the points-based system for GSM visas, including the 189, 190, and 491 visas.
• Following consultation in 2024, release plans for regional visas. 
• No business or investor visas are planned to be available.

Recently, in Direction 114, the current government assigned the lowest processing priority to the Significant Investor Visa (SIV).

This demonstrates that the government is not interested in investor visas or even prioritizing the processing of SIV applications. This will be disappointing for those with applications still in the processing backlog.

If the Liberal Party and a potential coalition government win:

• Liberal leader Peter Dutton has previously stated that he would cut the migration allocation to approximately 140,000 per year.
• In contrast to Labor’s stance, Peter Dutton has expressed support for reintroducing the Significant Investor Visa (SIV).

This contrasts with the Albanese government, which abolished the Significant Investor Visa, closing it from 1 July 2024.

If the Greens win:

The Greens, Australia’s third-largest party, have immigration policies that are more positive towards migrants.

• The Greens place a greater emphasis on humanitarian and refugee visas, with less focus on skilled migration.

Independents:

Some independents hold anti-immigration views.

Then there are the Teals, who are often independent candidates that have won former conservative seats.

The Teals have a range of perspectives on migration, but may be more supportive of skilled migration.

If the election is close, major parties may need to collaborate with smaller parties or independents to form a government.

There could be a wide range of outcomes in relation to migration policies following the election.

With GSM Visas Slowing Down, Employer-Sponsored Visas Are on the Rise

• No new invitations for the 189 visa this month
• Northern Territory is closed for new 190 and 491 visas
• New South Wales Pathway 1 for 491 is closed
• Other states continue to issue invitations
• More employer-sponsored visas are being granted, including 482 visa, 186 visa, and 494 visa
• Labour Agreement visas, including DAMAs, continue to increase

482 Visa Self-Sponsorship

We frequently receive questions about self-sponsorship, which can be challenging and often leads to refusals.

However, in some cases, where the need for a genuine position can be demonstrated, applications can be successful.

We have posted a full video on our YouTube channel explaining both successful and unsuccessful cases. 

Income Thresholds Increasing Again

From 1 July 2025, the income threshold for the Core Skills Stream of the 482 visa will increase from $73,150 to $76,515 per year. 

The income threshold is also the minimum salary for the 186 visa and the 494 visa. 

At a practical level, many employers and applicants may aim to lodge their nomination before this increase takes effect.

With this rise, some occupations with lower salaries, such as childcare workers, chefs, and cooks, may find it harder to secure employer sponsorship.

Specialist Skills Threshold

The Specialist Skills Income Threshold will increase from $135,000 to $141,210 in the next financial year.

This is the minimum salary requirement for a 482 Skills in Demand Specialist Skills Stream.

New 482 Visa Processing Times

When the Skills in Demand 482 Visa was introduced, processing times were promised to be just 7 days.

However, that has not lasted. The Department of Home Affairs has now updated processing times:

• 50% of applications are processed in 30 days

• 90% of applications are processed in 47 days

Please remember that processing times refer to the time taken to reach a decision—not necessarily a positive one. Many businesses and applicants choose to work with migration professionals to maximize their chances.

With the new Core Skills Occupation List (CSOL), there are now 456 occupations available for the 482 visa.

One of the most common questions we receive is: How do I find a sponsor?

We have created a video and website page explaining the best ways to find a sponsor. 

Pacific Engagement Visa Updates

The Pacific Engagement Visa aims to bring 3,000 workers per year from Pacific nations and Timor-Leste to Australia. However, it is currently facing major delays, leaving many hopeful applicants disappointed.

• The program was launched last year and operates through a ballot (lottery) system for permanent residency.

• Over 56,000 people applied, but less than 5% of available visas have been allocated after five months.

• Many applicants who invested time and money are now frustrated with the lack of updates from the government.

• Another major challenge is securing a job offer, as it is difficult to do so without already having a visa.

South Australia 190 and 491 Visa Updates

South Australia has provided an update on its state nomination program for the 190 visa and 491 visa.

Key updates:

• Over 50,000 registrations of interest have been received for just 3,800 available places in the 2024-2025 financial year. 
• This year’s program is more competitive than last year when SA received 12,000 registrations of interest. 
• Half of the allocation has already been filled. 
• Most invitations have been issued to onshore applicants. 
• Registrations are still being accepted, and invitations will be issued until June 2025. 
• English language skills and work experience are key selection criteria.
• High priority occupations include construction, teaching, health, defence, space, and cybersecurity. 
• There is a high demand for applications from medical diagnostic radiographers, sonographers, podiatrists, floor finishers, glaziers, electricians, roof tilers, plumbers, ambulance officers, and cabinetmakers. If your occupation is one of those just mentioned, you may have a better chance to be invited.

If you have submitted an Expression of Interest but have not received an invitation, you may still have a chance—especially if you are in a high-priority sector, as half of the allocation is still available.

However, due to high competition, you may want to consider other visa pathways, such as employer sponsorship or a partner visa if you have an Australian Permanent Resident or Citizen partner.

Contact us: 

We are one of the largest Australian immigration law firms, assisting thousands of individuals and businesses since 2011. You can book an appointment by clicking the button below.

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Sources: 

https://www.abc.net.au/news/2024-12-08/dutton-walks-back-promise-to-cut-net-migration/104699216

https://greens.org.au/policies/immigration-and-refugees

https://www.9news.com.au/national/liberals-consider-reviving-pay-to-stay-visa-program/055bf247-e152-4dbb-b98a-56619ab754bc

https://peo.gov.au/understand-our-parliament/parliament-and-its-people/people-in-parliament/independents

https://immi.homeaffairs.gov.au/visas/working-in-australia/skillselect/invitation-rounds

https://www.abs.gov.au/statistics/labour/earnings-and-working-conditions/average-weekly-earnings-australia/latest-release

https://www.migration.sa.gov.au/

https://www.abc.net.au/news/2025-03-03/pacific-engagement-visa-applications-delays/104947294

In case you missed it, the internet is buzzing about the news and video of an American influencer who took a baby wombat from its mother.

What she (probably) initially thought was a good idea to get more views for her social media accounts may now be the reason for her to get deported out of Australia.

The now-deleted video showed Sam Jones snatching a joey wombat from its mother and carrying it to a car while a man can be heard laughing in the background while filming Ms Jones.

This video has now come to the attention of Australian Federal Government top officials including Prime Minister Anthony Albanese and the Home Affairs Minister Tony Burke.

Ms Jones who according to her social media describes herself as “wildlife biologist and environmental scientist” was in Australia reportedly on a Visitor Visa. We are not sure exactly what subclass of visa she had.

The incident prompted a backlash among the Australian public and now the Australian government is reviewing whether she breached the conditions of her visa.

It is now reported that while her visa is under review, Ms Jones has now left Australia.

Reasons for cancellation?

What are the reasons for the Home Affairs Minister to cancel her visa?

Breach of  Visitor visa conditions

Visitor visa comes with certain conditions including work restrictions (condition 8101). Visitor visa holders can not work while in Australia. If by making the video with the aim of getting more views and earning money from it, Ms Jones may found to be “working” and may be found in breach of condition 8101.

General visa cancellation grounds

The Home Affairs Minister has broad visa cancellation powers including a non-delegable personal powers to cancel a visa on character grounds under s501of the Migration Act. 

If Ms Jones is found to have breached wildlife protection laws or animal welfare laws, then she can potentially be found to breach the character requirement for Australian visa holders.

The Minister also has the power to cancel visas under s116 of the Migration Act, that is, if the Minister is satisfied that it is in the public interest to cancel the visa.

Some may remember what happened to a certain famous tennis player, Novak Djokovic, back in January 2022 where the Minister cancelled his visa invoking s116 on the ground that Djokovic’s presence in Australia is or may be, or would or might be, a risk to the health, safety or good order of the Australian community or a segment of the Australian community.

It is possible that the Minister may exercise this power again.

It can be argued by the Australian government that the action of Ms Jones, considering that she is an ‘influencer’ and may have a number of followers there is a possibility that she or her actions will encourage this kind of behaviour and will endanger Austrralian protected species and therefore there it is against the good order of  Australian society.

Effect of cancellation when she already left Australia?

Would a cancellation even affect her Australian visa status now that she has voluntarily left Australia? Some would say that reviewing and subsequently cancelling Ms Jones’s visa will be useless.

If a visa is cancelled under s116 of the Act, the visa holder faces a 3-year ban pursuant to public interest criteria (PIC) 4013 and 4014 of the Migration Regulations 1994 from applying for a further Australian visa due to the cancellation under s116.

Home Affairs Minister Tony Burke is quoted as saying that "Either way, given the level of scrutiny that will happen if she ever applies for a visa again, I’ll be surprised if she even bothers.”

Which does not bode well for Ms Jones.

Broader Implications

Effect of the upcoming Australian Federal Elections

Just like in the case of Djokovic which happened during a federal election year (2022),  this incident with Ms Jones also happened during a time when a federal election is scheduled to be held. Immigration is one of the key issues in the campaign and politicians want to be seen as being tough on immigration.  They need to be seen as protecting the Australia and the Australian public.

Ms Jones can potentially be used as an example of how tough politicians can be on immigration.  If visa holders do not want to be in this position, this is not the time to give the Australian government a reason to cancel your visa.

Implications of cancelling visitor visas

The video of the “influencer” may be distressing  and considered by a lot of Australians as “appalling” but is her action enough to cancel her visa or ban her from Australia.

We have heard of Australian doing foolish acts while overseas, should other countries retaliate and cancel their visas too?

More articles: 

https://www.abc.net.au/news/2025-03-13/us-influencer-wombat-video-visa-under-review/105047538

https://www.abc.net.au/news/2025-03-14/sam-jones-baby-wombat-video-leaves-australia/105051630

https://www.abc.net.au/news/2025-03-15/sam-jones-us-influencer-apologises-for-snatching-wombat-video/105055984

To apply for an Australian visa, your work experience can play a significant role. Both overseas and Australian employment can be considered, and the terms of employment do not usually matter, they can be casual, part-time or full-time, self-employed or as an employer. 

Meeting work experience requirements for visas and skills assessments depend significantly on the facts and evidence of each person's particular case. Different periods of experience must be carefully examined to ensure the requirements can be met.

If you have overseas work experience, you can prove it using reference letters, payslips, bank statements, and other documents that confirm your occupation, duration of employment and salary.

If you are in Australia, your experience will count whether you work casually, part-time, full-time, or under an ABN or TFN.

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Here are some visas that require relevant employment experience: 

1. General Skilled Migration Visas (Subclass 189, 190, and 491)

These visas are for individuals with skills that are in demand in Australia.

• Work experience requirement: Post-qualification, relevant work experience is often required for a skill assessment. The more experience you have, the more points you can claim in the points-based system. 

• How it counts: Only work that exceeds 20 hours per week can be counted. Full-time, part-time, casual, and self-employment can all count as long as the work is relevant to your nominated occupation.

Each state has different criteria regarding the required number of work hours and whether the applicant must be living in the state or not.

Besides work experience, you will need to meet additional requirements to submit an Expression of Interest (EOI) for the 189 visa, 190 visa, or 491 visa.

2. Skills in Demand Visa (Subclass 482)

The 482 visa allows employers to sponsor foreign workers for skilled roles.

• Work experience requirement: At least one year of full-time experience in the nominated occupation. 

Part-time or casual experience can also be counted and will be calculated pro rata. For example, if you work part-time (20 hours per week) for two years, it will be equivalent to one year of full-time experience.

ABN experience may also count if the applicant has sufficient documentation to support it.

• How it counts: The work experience should show you have the necessary skills for the job you’re being sponsored for. The employer will need to verify your experience as part of the sponsorship application.

3. Employer Nomination Scheme Visa (Subclass 186) Direct Entry Stream 

The 186 Direct Entry Visa is a visa for skilled workers nominated by an employer sponsor that leads directly to permanent residency.

• Work experience requirement: You need at least 3 years full-time of relevant work experience. Generally, the experience needs to be post-qualification. 

• How it counts: Similar to the 482 visa, your experience needs to be in the nominated occupation and directly related to the role. 

Part-time or casual experience might be considered, but it could be prorated depending on the hours worked.

ABN experience may also count if the applicant has sufficient documentation to support it.

4. Skilled Employer Sponsored Regional Visa (Subclass 494)

The 494 visa is for skilled workers nominated by their employer to work in regional areas in Australia.

• Work experience requirement: You need at least 3 years full-time of relevant work experience. Generally, the experience needs to be post-qualification. 

• How it counts: The experience needs to be in the nominated occupation and directly related to the role. 

Part-time or casual experience might be considered, but it could be prorated depending on the hours worked.

ABN experience may also count if the applicant has sufficient documentation to support it.

5. Training Visa (Subclass 407)

The Training Visa allows applicants to undertake structured workplace-based training in Australia to improve their skills or meet licensing/registration requirements.

• You must have at least 12 months of relevant work experience in your occupation within the last 24 months before applying. The experience can also be studying. 

• The experience can be full-time or part-time, but it must be directly related to the training program you are applying for.

• Volunteer work may be considered if it is structured, documented, and relevant to the training.

How Work Experience is Assessed:

Skill assessments: For General Skilled Migration Visas (subclass 491/190/189), Skilled Employer Sponsored Regional Visa (Subclass 494), and Employer Nomination Scheme visa (subclass 186) Direct Entry Stream, a positive skill assessment is mandatory. 

For the Skills in Demand Visa (subclass 482), a skill assessment may be required depending on your occupation and the country of passport. 

Do You Need Help with an Australian Visa?

If you’re looking to apply for an Australian visa, we can assist you with your visa application.

Since 2011, we have helped thousands of applicants and businesses with immigration matters, Australian visas, permanent residency and citizenship.

Contact us for more information!

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Foreign investors will soon be banned from purchasing established homes in Australia as part of the Albanese government's efforts to ease pressures in the housing market.

From 1 April 2025 to 31 March 2027, foreign buyers, including temporary visa holders and foreign-owned companies, will no longer be allowed to purchase existing homes, except in limited cases.

These limited exceptions will apply to investments that substantially boost housing supply or enhance housing availability, as well as those related to the Pacific Australia Labour Mobility (PALM) scheme.

The Albanese Government states the goal of the ban is to reduce competition in the housing market and increase homeownership opportunities for Australians. 

The government will review the ban in 2027 to decide whether it should be extended.

How Will This Impact Temporary Residents?

Currently, temporary residents are allowed to buy one established home if they use it as their primary residence. Under the new rules, many long-term temporary visa holders, such as those on 491 visa or 494 visa, will now face major restrictions on property ownership.

This change may increase demand for rental properties, as temporary visa holders who previously would have purchased homes will now compete for rentals instead.

What Do These Changes Mean for Foreign Investors?

The new policies will make it more expensive and difficult for foreign investors to buy property in Australia, particularly established homes. However, investing in new developments that contribute to housing supply may still be possible under certain conditions.

The government states the two-year ban is designed to prioritise homeownership for Australians while ensuring that foreign investment benefits the housing market. With stricter regulations and higher fees, these changes are expected to impact property prices, rental markets, and investment trends.

Sources: 

https://ministers.treasury.gov.au/ministers/clare-oneil-2024/media-releases/albanese-government-clamping-down-foreign-purchase

If you're a Cafe or Restaurant Manager seeking to migrate to Australia, recent changes to immigration policies may have left you feeling uncertain.

The removal of Cafe and Restaurant Managers from the Core Skills Occupation List (CSOL) means that applying for new Skills in Demand 482 visa or the Direct Entry 186 visa is no longer an option.

However, this doesn’t mean all hope is lost—there are still several viable visa pathways available for skilled hospitality professionals.

In this blog, we’ll cover the best visa options for Cafe and Restaurant Managers in Australia, helping you navigate the complexities of the Australian immigration system.

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Why Were Cafe and Restaurant Managers Removed from the CSOL List?

The removal of Cafe and Restaurant Managers from the CSOL list was a major policy shift that disrupted many migration plans.

As a result, new applications for the 482 visa and the Direct Entry 186 visa are no longer available for these occupations.

This change reflects the government's focus on addressing skills shortages in other sectors, particularly in response to Australia's housing crisis, where occupations like teachers, healthcare workers, and construction professionals are given priority for state nominations.

What Are the Best Visa Options for Cafe and Restaurant Managers?

Despite these restrictions, there are still several pathways to permanent residency (PR) for Cafe and Restaurant Managers. Below are the most relevant options:

1. State Nomination: 190 and 491 Visas

You can still apply for state nomination through the 190 visa or 491 visa by submitting an Expression of Interest (EOI).

To qualify, you will need:

• A positive skills assessment as a Cafe or Restaurant Manager
• At least competent English proficiency
• At least 65 points on the points test

However, state allocations for these visas are limited, and priority is currently given to occupations addressing Australia's housing and healthcare shortages.

Waiting for an invitation for restaurant managers may not be the most reliable strategy.

2. Skilled Employer Sponsored Regional (Provisional) 494 visa

If a cafe or restaurant is located in a regional area, you could be eligible for the 494 visa.

This provisional visa offers a pathway to permanent residency after three years.

To be eligible, you need:

• At least three years of full-time work experience as a Cafe or Restaurant Manager
• A positive skills assessment
• At least competent English

Meeting the experience requirement can be challenging for some applicants.

3. Labour Agreements: Flexible Sponsorship Options

Labour agreements provide customised sponsorship opportunities for employers and offer concessions on visa requirements, including age, work experience, and English proficiency.

They can also provide pathways to permanent residency for applicants aged between 45 and 55.

There are three primary types of labour agreements suitable for Cafe and Restaurant Managers:

a. Restaurant (Premium Dining) Industry Labour Agreement

Businesses must have an annual revenue of at least $2 million, employ specialised staff such as chefs, waiters, and sommeliers, and provide table service.

b. DAMA (Designated Area Migration Agreements)

Available in regional areas such as South Australia, Western Australia, and the Northern Territory. DAMAs offer concessions on age and English language requirements but are not available in Brisbane, Sydney, or Melbourne.

c. Company-Specific Labour Agreements

Designed for businesses not covered by DAMAs or industry-wide agreements, these agreements can include occupations like Cafe and Restaurant Managers.

4. 186 Visa: Temporary Residence Transition (TRT) Stream

If you already hold a 482 visa as a Cafe or Restaurant Manager, you can still apply for permanent residency under the Temporary Residence Transition (TRT) 186 visa after two years of employment with your current sponsor.

You must be nominated by your current employer. If you want to change employers, your occupation must still be on the Core Skills Occupation List (CSOL) to transfer your 482 visa to a new employer.

 If your occupation is no longer listed, you’ll need to apply for PR through your current employer.

What If Your Visa Options Are Limited?

Given the recent policy shifts and growing competition for state nominations, Cafe or Restaurant Managers may need to consider alternative pathways, such as employer-sponsored visas through labour agreements or the 494 visa, exploring other eligible occupations, or consulting with an immigration specialist for personalised advice.

Stay Updated with Australian Immigration Changes

At Work Visa Lawyers, we have been providing up-to-date immigration news and guidance for over ten years.

 If you're unsure about your eligibility or need advice tailored to your situation, we recommend scheduling a consultation with our experienced migration lawyers. You can also follow us on our Instagram, TikTok, Facebook or YouTube for more information.

Contact us today for expert advice on the best migration pathway for your situation.

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If you're a childcare worker, cook, or tradesperson looking to apply for a 482 visa or 186 visa in Australia, you may be facing a significant challenge: the minimum salary threshold (formally known as the Core Skills Income Threshold/CSIT or previously the TSMIT).

The current salary requirement for these employer-sponsored visas is proving to be a major barrier for many skilled workers and their employers.

In this blog, we’ll explore how the CSIT is too high for many industries, what alternatives are available, and how programs like the Designated Area Migration Agreement (DAMA) could offer some relief.

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Why is the 482 Visa Salary Threshold a Problem?

We recently received a comment from Bianca, in a video on our YouTube channel, that highlights the growing concern that:

“The salary threshold is way above the Childcare Work and Legal Award. No centre can pay that.”

While childcare workers now have good opportunities to apply for an employer-sponsored 482 visa or seek permanent residency (PR) through the 186 visa, they face one major obstacle: the minimum salary requirement of $73,150 per year (which will increase to $76,515 per year from 1July 2025).

How Child Care Industry Wages Compare to the 482 Visa Salary Requirement

Under the Children’s Services Award, the minimum salary for a Level 3.1 employees with an AQF Certificate III in Children's Services or equivalent qualifications is approximately $53,679.

This falls significantly short of the minimum salary requirement for the 482 visa, which makes it hard for most childcare centres to offer sponsorship to an employee. While some childcare providers pay above-award wages and might be able to meet this requirement, for most businesses, it remains an unrealistic expectation.

Other Occupations Facing Similar Challenges

The CSIT affects not only childcare workers but also other skilled trades, including cooks, motor mechanics, and entry-level tradespeople.

Many employers in these sectors struggle to meet the $73,150 salary threshold, even though the roles are essential for filling skill shortages across Australia.

DAMA: A Viable Solution for Lower Salary Occupations

For those working in regional areas, the Designated Area Migration Agreement (DAMA) offers a more flexible visa pathway. 

Under the DAMA program, employers may receive salary concessions for sponsoring skilled workers under some occupations, including childcare workers.

Benefits of DAMA for Childcare Workers and Tradespeople: 

• Allows a lower salary threshold than the standard TSMIT or CSIT (usually up to 10% concession)

• Offers age concessions (up to 55 years old)

• Provides flexibility for English language requirements

• Can lead to permanent residency after meeting eligibility criteria

However, applicants must still meet other requirements, including a valid skills assessment, relevant work experience, and an Australian employer willing to sponsor their visa.

How to Find an Employer Sponsor for the 482 Visa

Finding a sponsor can be one of the biggest challenges when applying for the 482 visa.

We have a blog guide with practical tips to help you secure a sponsorship, covering strategies such as networking within your industry, tailoring your resume for Australian employers, and focusing on opportunities in regional areas that qualify for DAMA agreements.

The Future of Employer-Sponsored Visas for Childcare Workers and Trades

With the rising demand for childcare workers and skilled tradespeople in Australia, particularly in regional areas, there’s hope that future policy changes will address the disconnect between salary thresholds and industry wages.

Stay Informed and Find Your Best Visa Pathway

At Work Visa Lawyers, we understand how difficult it can be to meet the current 482 visa salary requirements. 

Our team is dedicated to helping skilled workers like you explore all available visa options and navigate complex immigration policies. 

Contact us today to schedule a consultation with one of our experienced immigration lawyers.

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February brings crucial updates and important discussions on Australian immigration. In this blog, we cover the latest visa changes and answer some of the main questions that we have been receiving.

Some of the main questions we will cover include:

• When will the next 189 invitation round be?
• Will there be changes to the migration system with the upcoming federal election?
• Why are states already closing nominations for the 190 visa and 491 visa?
• Will the Significant Investor Visa (SIV) return?
• What are the current visa processing times?
• My visa is expiring—what should I do next?

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Visa Grants and Invitations

This month, we assisted in securing multiple visa grants, including:

• Employer-sponsored 482 visa
• Temporary Activity 408 visa
• Specialist Short-Stay Subclass 400 visa
• Resident Return visa
• A 491 visa for a Registered Nurse in South Australia
• A 491 visa invitation with 70 points for a Swimming Instructor in South Australia

189 Visa Invitation Round: What to Expect

The federal government does not have a fixed schedule for 189 visa invitation rounds, but trends can be identified based on planning allocations and previous rounds.

The last round on November 7 issued 15,000 invitations and the round in September 2024 7,973 bringing the total for the program year to 22,973.

Given that the planning level for the entire year ending June 30, 2025, is 16,900 places, there may not be another round or, at best, a small, targeted round focusing on construction trades and healthcare occupations.

Why Have There Been No 491 Family-Sponsored Visa Rounds?

The past three invitation rounds have issued zero invitations for the 491 Family-Sponsored visa.

While this visa is designed to allow skilled migrants to live with relatives in regional areas, the government has chosen not to allocate invitations.

Given the low number of invitations over the past two years, individuals interested in this pathway should explore alternative options, such as state-nominated 491 visas or employer-sponsored visas.

Updates on the 186 Employer-Nominated Visa

The 186 visa remains one of the best pathways to permanent residency in Australia. Recent updates clarify the policy for applicants transitioning from a 482 visa to the 186 Temporary Residence Transition (TRT) stream.

Applications can now be lodged a few days before completing the two-year requirement to avoid the need for a new 482 visa.

Additionally, time spent on bridging visas between two 482 visas can now count toward the two-year work requirement.

Federal Election and Migration Policy Changes

Some journalists predict that the federal election will take place on or before May 17. A change in government typically leads to policy shifts, including migration reforms.

As soon as the government announces the election date, we will provide updates on potential impacts on immigration policy.

The Future of the Significant Investor Visa (SIV)

Opposition leader Peter Dutton has indicated plans to reinstate the Significant Investor Visa (SIV) program, which provides an immigration pathway for individuals willing to invest AUD 5 million in Australia.

This visa, often referred to as the "Golden Visa," has been controversial in the past.

Additionally, the newly announced National Innovation Visa (NIV) includes opportunities for experienced angel investors. Those with a proven history of investing in startups may be eligible for the direct-to-PR 858 visa.

State and Territory 190 and 491 Visa Updates

Queensland

Queensland has used approximately 50% of its state nomination allocations and is prioritizing onshore 491 visa applicants. The 491 visa Small Business Owner program still has places available, though competition is high with 16,000 registrations of interest.

New South Wales

In New South Wales, 491 Pathway 1 is now closed for new applications for this program year.

Northern Territory

The Northern Territory has suspended new EOI applications for both the 190 visa and 491 visa, having already received enough to fill their total allocation for 2024-25.

The program will reopen once allocations for 2025-26 are confirmed, with new EOIs only accepted from applicants facing visa expiry or age-related eligibility issues.

Australian Capital Territory (ACT)

The ACT held a skilled migration nomination invitation round on January 30, 2025, issuing 230 nominations for the 190 visa and 314 nominations for the 491 visa.

Why Are Some States Closing Their Nomination Programs?

State allocations this financial year have been limited, and some states have already filled most of their available places.

The volume of EOIs received far exceeds the number of invitations states can issue. While EOIs remain in the system, most will not be invited.

Those who have not received an invitation should consider other visa options, such as employer-sponsored pathways.

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Employer-Sponsored Visa Updates and Salary Challenges

The new Core Skills Occupation List (CSOL) now includes Child Care Workers, allowing them to apply for the 482 visa or 186 visa.

However, meeting the minimum salary requirement of AUD 73,150 remains a significant challenge.

Under the Children's Services Award, the Level 3.1 minimum annual salary is approximately AUD 53,679, making it difficult for most childcare centres to offer sponsorship. While some centres pay above award rates and may be able to sponsor a 482 visa, the salary threshold remains a significant barrier.

Similar challenges exist for other entry-level trade occupations, such as cooks and motor mechanics.

DAMA – Labour Agreements

There has been increasing interest from both employers and applicants in Designated Area Migration Agreements (DAMAs).

DAMAs are regional labour agreements that provide flexibility in age, salary, and English language requirements for employer-sponsored visas, including the 482 visa, 494 visa and 186 visa.

These agreements allow concessions, such as increasing the age limit to 55 years and setting salary requirements at AUD 65,838 or above.

In South Australia and Western Australia, the entire state is covered by DAMA agreements.

Recent DAMA visa grants in South Australia have included occupations such as sommelier and horticulture grower.

Successful Student Visa Appeals

A recent tribunal case, Maazuddin v Minister for Immigration and Multicultural Affairs [2024] FedCFamC2G 1349, highlighted concerns about visa appeal processes. A tribunal member was criticized for excessive copying and pasting in a decision regarding an international student's visa cancellation.

The full case details are available for review here.

Current Visa Processing Times

Many applicants are concerned about visa processing delays. However, compared to our analysis in September 2024, current processing times remain relatively stable. Here are some key processing times as of February 2025:

• 186 Direct Entry and Transition Pathway: 50% processed in 5 months, 90% in 18 months
• 820 Partner Visa: 50% processed in 9 months, 90% in 18 months
• 407 Training Visa: 50% processed in 3 months, 90% in 9 months
• 482 Skills in Demand Visa (Core Skills Stream): 50% processed in 4 days, 90% in 11 days

You can check all visa processing times on the Home Affairs website.

What to Do If Your Visa Is Expiring

Many temporary visa holders are facing the end of easy renewal options, particularly for COVID-19 408 visas, Working Holiday visas, Student visas, and 485 Graduate visas.

The best next steps depend on an individual’s situation and skills.

Some common visa pathways now include the 407 Training Visa, the 482 Skills in Demand Visa, Partner visas, and Student visas for those eligible.

How Can We Help You?

If you need assistance exploring visa options or finding a pathway to permanent residency, our experienced immigration agents and lawyers are here to guide you.

Since 2011, we have helped thousands of applicants and businesses achieve their Australian immigration goals.

Contact us today to discuss your situation.

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Sources:

https://immi.homeaffairs.gov.au/visas/working-in-australia/skillselect/invitation-rounds

https://www.abc.net.au/news/2025-02-07/when-will-the-australian-federal-election-be/104871714

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times

https://immi.homeaffairs.gov.au/visas/employing-and-sponsoring-someone/sponsoring-workers/nominating-a-position/labour-agreements/designated-area-migration-agreements

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FedCFamC2G/2024/1349.html

https://migration.qld.gov.au/

https://www.nsw.gov.au/visas-and-migration/skilled-visas/skilled-work-regional-visa-subclass-491

https://theterritory.com.au/migrate/migrate-to-work/northern-territory-government-visa-nomination

https://www.act.gov.au/migration/home

The Skills in Demand 482 visa has become a vital pathway for skilled workers seeking employment in Australia. This visa requires a sponsoring employer to nominate the applicant for a specific role. We often have questions about "self-sponsorship". But is self-sponsorship for the 482 visa a viable option, or is it bound to face refusal? Let’s explore this question in detail.

Understanding Self-Sponsorship

Self-sponsorship refers to the scenario where an individual owns their own business and wants to use that entity to sponsor themselves for a 482 visa. This approach involves the usual steps of a 482 visa application process:

1. Sponsorship Approval: The business must apply to become an approved sponsor through the Department of Home Affairs.
2. Nomination of a Position: The business must nominate a position that aligns with the applicant’s skills and is on the relevant skilled occupation list.
3. Visa Application: The skilled person applies for their visa application, proving qualifications, work experience, English ability and in some cases skills assessment, as well as health and character requirements.

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Legal Framework and Requirements

The Department of Home Affairs has specific requirements for businesses sponsoring 482 visa applicants, whether they are self-sponsored or not. These include:

• Genuine Need for the Position: The business must demonstrate a genuine need for the role within its operations.
• Market Salary Rates: The nominated position must meet Australian market salary rates to ensure compliance with fair work standards.
• Labour Market Testing (LMT): In most cases, businesses are required to prove that they have advertised the role locally and were unable to find a suitable Australian candidate.
• Financial Capability: The sponsoring business must have sufficient financial resources to support the employment of the visa holder.

Challenges of Self-Sponsorship

While self-sponsorship is theoretically possible under the current visa regulations, it faces significant challenges:

1. Proving Genuine Need

The Department of Home Affairs scrutinizes self-sponsorship applications closely. Proving a genuine need for the position can be difficult if the business is newly established or lacks substantial operations. For example, if the applicant is the sole proprietor and the only employee, the department may question the legitimacy of the role.

2. Labour Market Testing Compliance

Labour market testing requires advertising the role and proving that no suitable Australian candidate is available. This can be challenging in self-sponsorship cases, as it may appear that the role was tailored specifically for the applicant.

3. Financial Viability

Some people may establish a new business to try to sponsor themselves. A newly established business may struggle to provide evidence of financial stability, such as cash flow statements, tax returns, or contracts. Without these, it becomes challenging to demonstrate that the business can meet its sponsorship obligations.

4. Perception of Conflict of Interest

Self-sponsorship inherently involves a potential conflict of interest, as the applicant is both the sponsor and the beneficiary. This can raise concerns with the Department of Home Affairs about the integrity of the application and is the element that undermines genuine need and labour market testing requirements as above.

Successful Self-Sponsorship: Key Considerations

While challenging, self-sponsorship is not impossible. Applicants who are determined to pursue this pathway must consider the following:

• Comprehensive Business Plan: Develop a robust business plan that outlines the operational structure, revenue model, and market opportunities. Highlight how the nominated position is essential for business success. Even for established businesses, a business plan or a letter to the same effect will help to explain to a case officer why the role is needed to be filled for the business to keep running.
• Independent Validation: Engage third-party professionals, such as accountants or business consultants, to validate the business’s financial and operational viability. This creates a degree of separation so that all claims are not being made by the one person.
• Transparency in Labour Market Testing: Conduct genuine labour market testing and maintain detailed records to demonstrate compliance. For self-sponsorship circumstances, it is even more important that full evidence (including a candidate matrix indicating who has applied and the rigorous recruitment processes including candidate review, interviewing and deliberation were conducted) is given to the Department.
• Seek Expert Advice: Immigration lawyers or registered migration agents can provide valuable insights into meeting the stringent requirements of self-sponsorship in your specific circumstances.

Case Studies: Success and Refusal

Success Story

https://jade.io/article/937335

This is the case of PROJECT 42 PTY LTD whose nomination for CEO/MD for the multimedia consulting company was refused by the Department of Home Affairs. The case highlighted that there is no rule precluding self-sponsorship, but that there are strict requirements that maintain the system’s integrity.

The business had six staff, including events manager, video editor, office manager, graphic designer and public relations and social media managers.

The position to be filled closely matched the nominated occupation.

As the Tribunal Member was convinced that the position was genuine and a genuine search for an Australian citizen or permanent resident who could have filled the role instead had been conducted, they approved the nomination.

Refusal Example

https://jade.io/article/778692

In this Tribunal matter, Sarab Trading International Pty Ltd were not successful in sponsoring the manager, who was the owner, director and the only employee.

The ANZSCO occupation selected was 134999 Specialist Manager nec. The Tribunal Member did not find that this occupation was likely to be appropriate and was a highly specialised occupation that did not match well with the role or the business.

The business was an export business.

The business had only one employee, the person nominating himself.

The Tribunal found that the nominated position was not genuine.

It is important to note again that the Tribunal noted there was nothing preventing “self-sponsorship nominations” and so did not address it directly in this way, however in this case, the strict integrity requirements (namely the requirement to prove a “genuine position”) meant that this nomination was not successful.

What’s the difference?

What makes the difference is evidence that can demonstrate there is a genuine need for the role. In the successful story, that business was able to show more evidence that they have a genuine need to sponsor the person in that role.

Decision makers will consider all aspects of the position and of the business, to determine if it appears to be a genuine arrangement, or if the application has been contrived to secure a migration outcome for the nominated person.

The Verdict: Will It Work or Be Refused?

Self-sponsorship for the 482 visa is a high-risk pathway. We will generally counsel most persons to consider alternative visa pathways due to the very high risk that the applications are rejected. Success depends on meticulous planning, compliance with visa requirements, and the ability to present a convincing case to the Department of Home Affairs. While it is not explicitly prohibited, the additional scrutiny applied to such applications makes refusal a common outcome.

For those considering self-sponsorship, the key is preparation. Maintain transparency in compliance and seek professional guidance, both for the visa process and for external support such as with accounting and recruitment. With a good case, self-sponsorship can be done, but it is very risky.

How can Work Visa Lawyers help you?

Our team of registered migration agents and immigration lawyers can assist you with your 482 visa application or any other Australian visa application.

Since 2011, we have assisted thousands of applicants and businesses with Australian immigration matters.

Contact us or book an appointment for more information.

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Author: Luke Edwards - Immigration Lawyer 

Sources: 

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skills-in-demand-visa-subclass-482

With the significant changes introduced in December 2024, including the new 482 Skills in Demand Visa (Specislist Skills, Core Skills and Labour Agreement Streams), the introduction of the Core Skills Occupation List (CSOL) and the inclusion of many occupations eligible for Direct Entry on the 186 visa, we have been receiving a lot of questions about these updates. 

In this blog, we will answer your questions to help you understand the changes and how they may affect you. 

To make this easier to follow, I’ll address the questions in separate sections: 

1. Skills in Demand Visa questions  

2. 186 Visa Direct Entry questions  

3. Changes for current TSS 482 Visa holders questions   

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SKILLS IN DEMAND VISA:

 
Is the new Skills in Demand Visa points-based or is it an employer sponsored visa?  

The Skills in Demand Visa is an employer sponsored visa, and it is not points-based. Only the 491 visa, 190 visa and 189 visa currently use a point system. 

Can I be sponsored anywhere in Australia, or does the new 482 Skills in Demand Visa require regional sponsorship?   

Your role can be located anywhere, it does not necessarily have to be a regional area of Australia. Different to the TSS visa, there is no longer a regional occupation list and none of the occupations on the CSOL are required to be regional, though occupations like farmer are still more likely to be based in regional Australia. 

Can any occupation on the Core Skills Occupation List apply for the 482 Skills in Demand Visa?  

Yes, though some occupations have a caveat  (essentially an additional condition or restriction that must be met).

How many years of experience do I need to apply for the 482 Skills in Demand Visa?  

You need at least 1 year of relevant work experience within the last 5 years.

Does the one year of experience need to be in Australia, or can it be overseas? 

Overseas work experience can count if it can be sufficiently proven.

Does the work experience need to be full-time, or can it also include part-time or casual work?  

The good news is that the work experience can include part-time or casual work in the last 5 years, as long as the hours you have worked is equivalent to 1 year of full-time relevant work experience.

Do I need a skills assessment to apply for the 482 Skills in Demand Visa?  

This depends on your occupation. For some occupations, a skills assessment is required for passport holders from certain countries, unless an exemption applies.

Will the Department of Home Affairs release a Specialist Skills List and a Labour Agreement List as well?   

At this stage, we only have details of a Core Skills Occupation List for the Skills in Demand Visa. We will post updates of any changes in this area.

Café or Restaurant Manager has been removed from the list. Can café or restaurant managers be sponsored as Hotel or Motel Managers? If not, what are the visa options now?  

We wouldn’t recommend doing so, as Café/Restaurant Managers and Hotel Managers are different occupations. Café or Restaurant Managers may still have General Skilled Migration options, or a pathway through the employer sponsored 494 visa for those working in regional areas of Australia.

Is there an age limit for applying for the new 482 Skills in Demand Visa?   

No, there is no age limit to apply for the 482 visa. However, the age requirement for 186 PR Temporary Residence Transition (TRT) stream is “under 45”.

What is the annual salary requirement for the new 482 Skills in Demand Visa?  

The minimum income threshold depends on which stream you’re applying through - $73,150 for the Core Skills stream and $135,000 for the Specialist Skills stream.

How long do I need to hold a 482 Visa to apply for Permanent Residency (186 TRT Pathway)? 

You need to hold a 482 visa for 2 years before you can apply for permanent residency through the Subclass 186 TRT stream.

Do I still need my employer to nominate me for the 186 PR after two years? 

Yes, you will need your employer to nominate you for the 186 visa in the TRT stream.

Can I move to another employer and still apply for PR after holding a 482 Skills in Demand Visa for two years? 

Yes, under recent changes from 7 December 2024, the time you spend working on the 482 Skills in Demand Visa can roll over, which means you can change employers and still count the time you worked for your previous employer on a 482 Skills in Demand Visa towards your 2 years of experience on a 482 visa that  is required for the 186 TRT visa.

What visa options do I have if my occupation is not on the Core Skills Occupation List? 

If your occupation is not on the Core Skills Occupation List, you can consider other General Skilled Migration visas such as the 189 visa, 190 visa and 491 visa which don’t require your occupation to be on the CSOL and instead looks at the Short Term, Medium to Long Term and Regional Occupation Lists.  

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186 VISA DIRECT ENTRY STREAM:

Can any occupation on the Core Skills Occupation List apply for the Direct Entry 186 visa? 

Yes, the entire Core Skills Occupation List is available for the 186 Direct Entry stream visa.

Do I still need an employer to sponsor me to apply for the 186 Direct Entry visa? 

Yes, you will still need an Australian employer to sponsor you to apply for the 186  visa in the Direct Entry Stream but this employer does not need to be the same employer as you had for a 482 visa, if you previously held a 482 visa.

Do I need skills assessment to apply for the 186 Direct Entry? 

Yes, you will need to have a positive skills assessment in the relevant occupation to apply for a 186 Direct Entry visa.

How many years of experience do I need to apply for the 186 Direct Entry? 

You will need to have at least 3 years of full-time work experience (or full time equivalent) to apply for the 186 Direct Entry visa.

Does the required three years of work experience include pre- or post-qualification experience? Can the experience be from both Australia and overseas? 

For 186 Direct Entry stream, your work experience must be at the skill level. Generally, this means that it should have been completed after you obtained your relevant qualification. Your experience can be in Australia or overseas to meet the 3 years requirement for the 186 Direct Entry stream.

Does the 186 visa Direct Entry stream require a salary of at least $73,150? 

Yes, the 186 nomination requires the nominated salary to be at least the Temporary Skilled Migration Income Threshold (TSMIT) which is currently $73,150.

What is the age requirement to apply for the 186 Direct Entry visa? 

The age requirement for 186 Direct Entry stream visa is “under 45”. This means that people who are 45 years old or older may not be eligible. There are some very limited exemptions for New Zealanders and their partners, as well as some science workers and researchers.

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CURRENT 482 VISA HOLDERS: 

Finally, let’s address questions from those already holding a Temporary Skill Shortage (TSS) 482 visa: 

I’m on a 482 visa. Can I change employers? 

Yes, it is possible to change employers while on the 482 visa. Since 1 July 2024, applicants are able to find other work after their employment ends. They can work up to 180 days with another employer. They will need their 482 nomination to be “transferred” to the new employer to work more than 180 days.

If I change employers, will I still be able to apply for PR after two years of holding a 482 visa? 

With new changes from 7 December 2024, progress towards Temporary Residence Transition stream is “portable”. So, you can change employers without losing progress toward PR. However, employers may still require their employees to work 2 years for them prior to offering to sponsor their 186 visa.

Can I change employers if my occupation is not on the Core Skills Occupation List? 

If your 482 visa was under the Medium- or Short-Term stream 482 visa and your occupation is no longer on the Core Skills Occupation List , it is no longer possible to have a new nomination approved to transfer you to a new employer. Since the 1 July 2024 changes to 482 visa conditions, it is still possible to work for another employer for up to 180 days if your employment ceases, however a new nomination may not be possible. This can cause problems later if you wish to apply for 186 visa in the Temporary Residence Transition stream, as your nominator for the 186 TRT must have been the most recent nominator for your 482 visa. 

Do I still need my employer to nominate me for the 186 PR after two years? 

Yes, the 186 visa requires an employer nomination. The employer will need to provide a range of business documents as part of the nomination and they will need to pay at least the Skilling Australians Fund levy of either $3,000 or $5,000.

I’m already on a 482 visa. Can I now apply for the 186 Direct Entry if my occupation is on the list? 

Yes, holding a 482 visa does not prevent you from applying for 186 visa in the Direct Entry stream. You would still need to meet all the Direct Entry stream requirements, including skills assessment. Many 482 visa holders might choose to wait 2 years until they meet the Temporary Residence Transition stream requirement if they are close and do not have a skills assessment yet. 

I’m on a 482 visa, but my occupation has been removed from the Core Skills Occupation List. Can I still apply for the 186 Transition Pathway after two years? 

Yes, since November 2023, the Temporary Residence Transition stream of the 186 visa only requires that your occupation on the ANZSCO. This means those with a 482 visa based on an occupation on the ANZSCO are able to be sponsored for 186 Temporary Residence Transition pathway after 2 years, even if their occupation is not on the CSOL. 

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These were the main questions about the recent changes to employer-sponsored visas. If you have any more questions, feel free to leave them in the comments on our YouTube video and we’ll do our best to answer them.

Do you need help applying for an Australian visa?

 
If you need assistance applying for the new 482 Skills in Demand Visa, for the 186 Direct Entry Visa or any other Australian Visa, please book an appointment.

 
We been assisting businesses and applicants with Australian immigration matters and visas since 2011.

Sources:

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/employer-nomination-scheme-186

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skills-in-demand-visa-subclass-482

https://immi.homeaffairs.gov.au/Documents/core-sol.pdf

The Australian Government has recently introduced an important change to its visa policies, addressing a question often asked by families: Can children born in Australia with health conditions apply for permanent residency (PR)? With the recent updates, the answer is yes — children born in Australia with health conditions can apply for PR.

As of 16th October 2024, children born and residing in Australia who are under 18 years old are exempt from certain health-related requirements under the Public Interest Criteria (PIC) 4005 and 4007. This update provides new hope for families whose children may have previously been ineligible for a visa due to their medical conditions.

What has changed?

Under the previous rules, visa applicants were required to meet strict health criteria to ensure they would not impose significant healthcare or community service costs on the Australian community. These criteria often posed challenges for children with medical conditions or disabilities, potentially leading to visa refusals.

With the recent changes:

• Exemption for children: Children under 18 years old who were born in Australia and ordinarily reside in the country are no longer subject to health criteria that consider potential healthcare or community service costs.

• Inclusivity for families: The exemption ensures that families with children born in Australia are not penalized due to medical conditions or disabilities.

• Retroactive application: The exemption applies to all visa applications submitted before or after 16th October 2024.

Why is this update important?

This policy change reflects a compassionate approach, recognizing that children born in Australia are an integral part of the community. It allows them to:

• Apply for permanent residency without being disadvantaged by health conditions.

• Stay with their families and continue contributing to Australian society.

• Access opportunities for a stable future in the country they call home.

What should families do next?

If you have a child born in Australia who has faced visa application challenges due to health-related concerns, this update may open new doors. To take advantage of the updated rules:

1. Review your application: Ensure your child’s birth and residency in Australia are well-documented.

2. Talk to a migration agent or lawyer: Consult with a registered migration agent or immigration lawyer to understand how this exemption applies to your family’s specific situation.

3. Submit or update applications: If your child’s visa application was previously refused, consider reapplying under the updated criteria.

A good change on immigration

This update to the health-related visa criteria underlines the Australian Government’s commitment to inclusivity and fairness. By exempting children born and residing in Australia from certain health-related requirements, families now have greater security and clarity in their immigration journey.

How can we help you?

For families navigating these changes, our migration experts are here to help. Contact us today to understand how this policy update can benefit you and your loved ones.

You can contact us by calling +61 8 8351 9956, emailing This email address is being protected from spambots. You need JavaScript enabled to view it., or booking an appointment through our website.

Sources:

https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/health/special-consideration-for-children

https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/health

https://www.homeaffairs.gov.au/reports-and-pubs/PDFs/migration-health-requirement-review-australias-visa-sct.pdf