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Entrepreneurs $1 Million or Investors $5 Million in Queensland for PR – NIV Subclass 858 Visa

Entrepreneurs $1 Million or Investors $5 Million in Queensland for PR – National Innovation Visa (Subclass 858)

 

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Queensland has officially opened its National Innovation Visa (subclass 858) nomination program, a direct permanent residency pathway for:

  • high-value entrepreneurs who commit AUD $1 million to new ventures in Queensland

  • innovative investors who invest AUD $5 million in Queensland’s innovation ecosystem

The NIV has attractive features:

  • a straight-to-permanent residency visa

  • no skills assessment or points test

  • age limit up to 55 or higher for those who offer exceptional benefits

Below is a simple and clear overview of what Queensland is offering, who may be eligible, and how the nomination process works.

What Is the National Innovation Visa (NIV)?

The National Innovation Visa (subclass 858) is designed for exceptionally talented individuals who can contribute to Australia’s economy, innovation, and global competitiveness, including entrepreneurs and innovative investors.

Queensland has now released specific nomination criteria for entrepreneurs and innovative investors, along with a Registration of Interest (ROI) process.

There are 4,300 NIV places available nationally until 30 June 2026, although Queensland’s state nominations will be a smaller subset of this total.

We provide clear guidance on the National Innovation Visa on our website, and you can also complete our FREE online eligibility assessment to see if this pathway may be right for you.

Why This Is Important for Queensland

This program is expected to deliver major economic benefits to the state.

For example, if Queensland were to nominate just 200 innovative investors, this could inject at least $1 billion directly into Queensland’s innovation economy, with further job creation and long-term economic growth through business expansion and commercialisation.

High altitude view of Brisbane skyline and Story Bridge from the suburb of New Farm and Wilson Outlook Reserve on a sunny winter's morning in Queensland, Australia.

Queensland NIV Nomination for Entrepreneurs

Queensland is seeking established or emerging entrepreneurs who are ready to commercialise or expand an innovative product or service in Queensland.

Key eligibility requirements

To be considered for Queensland nomination as an entrepreneur, you must:

• Be a successful entrepreneur with a genuine, innovative business concept
• Be ready to commercialise or expand your business in Queensland
• Have the capacity to invest at least AUD $1 million in Queensland
• Meet both Home Affairs visa criteria and Queensland Government guidelines

What evidence may be required

If Queensland contacts you after submitting your ROI, you may need to provide evidence such as:

• Commitment to Queensland and operational readiness
• Entrepreneurial success in commercialising or scaling a business
• Funds already spent on business setup, feasibility studies, consultants, licensing or market research
• Secured funding of at least $1 million (self-funded, venture capital, institutional investors or grants)
• Capacity to invest $1 million within two years of visa grant

Examples of strong supporting evidence include

• Employment contracts for Queensland-based staff
• Signed MoUs or joint venture agreements with Queensland partners
• Agreements with Queensland suppliers, distributors or clients
• Engagement with Queensland-supported incubators, accelerators or innovation hubs
• Evidence of a registered office in Queensland
• Business growth, revenue, profitability or market traction
• Industry recognition, awards, media coverage or government-backed support

Queensland NIV Nomination for Innovative Investors

Queensland is also nominating innovative investors who have a strong track record of supporting high-growth, innovative ventures.

Key eligibility requirements

To be considered as an innovative investor, you must:

• Be actively involved in innovative investments
• Have an established track record supporting successful innovative ventures
• Be ready to invest at least AUD $5 million
• Commit the investment for two or more years in Queensland’s innovation ecosystem

Accepted investment structures may include

• Private equity
• Venture capital
• Research and development
• Asset management
• Co-investments (including Queensland Investment Corporation ventures)

What evidence may be required

If invited to proceed, Queensland may request evidence such as:

• A proven track record of innovative investments
• Evidence of at least $5 million available to deploy upon visa grant, for a minimum of 2 or more years
• A detailed investment deployment plan focused on Queensland
• Successful investment exits, IPOs, acquisitions or funding rounds
• Board positions, leadership roles or shareholdings in innovative companies
• Third-party endorsements from venture capital firms, co-investors or government-backed funds

Candidates with experience in Tier One or Tier Two high-growth priority sectors will be highly regarded.

How the Queensland Nomination Process Works

To seek Queensland Government nomination, you must:

1. Meet Home Affairs NIV requirements
2. Meet Queensland Government guidelines
3. Submit a Registration of Interest (ROI)
4. Provide supporting evidence if contacted by Queensland

Nomination is competitive and discretionary, and not all eligible candidates will receive an invitation.

Please note that securing Queensland nomination does not guarantee an invitation for all the grant of National Innovation Visa

We can assist you with submitting a Registration of Interest (ROI), the NIV Expression of Interest (EOI) and visa application if you are invited.

Entrepreneurs and investors, the wait is over!

Many were left disappointed after the Australian Government closed the subclass 188 Business Innovation and Investment visa on 1 July 2024.

This left investors with very limited options to obtain permanent residency in Australia.


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The National Innovation Visa criteria, as outlined in Direction 112, are complex, and candidates must meet the requirements set out by both the Department of Home Affairs and the Queensland Government.

Strong evidence, positioning, and alignment with Queensland’s priorities are critical.

We have detailed guidance on the National Innovation Visa available on our website, and you can also complete our FREE online eligibility assessment to check whether this pathway may be suitable for you.

If you are an entrepreneur or investor considering Queensland nomination, early planning is essential. 

For tailored advice, we recommend speaking with an experienced immigration lawyer before submitting your ROI.

Please book an appointment with our team. For earlier availability, please call our office or send an email to This email address is being protected from spambots. You need JavaScript enabled to view it.

Book an Appointment

Sources: 

NIV Queensland Website: https://www.tiq.qld.gov.au/invest/national-innovation-visa

Department of Home Affairs NIV: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/national-innovation-visa-858

NIV Sectors: https://immi.homeaffairs.gov.au/visas/working-in-australia/visas-for-innovation/national-innovation-visa

 

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Ministerial Intervention in Australia: What It Is & What You Need to Know

Ministerial Intervention in Australia: What It Is & What You Need to Know

Ministerial Intervention in Australia: What It Is & What You Need to Know

Ministerial Intervention (MI) is a last‑resort avenue in Australian immigration law where the Minister for Immigration and Citizenship personally considers granting you a visa when all other legal options have been exhausted. It is a discretionary power under the Migration Act 1958 (Cth), specifically sections 351 and 501J, meaning the Minister may grant a visa if it’s deemed in the public interest — but he is under no obligation to do so.

In essence, MI provides a final opportunity for people whose visa applications have been refused by the Administrative Review Tribunal, or after further legal avenues, to ask the Minister to intervene on compassionate or exceptional grounds.

Who Can Lodge a Ministerial Intervention Request?

A Ministerial Intervention request is intended as a last‑resort option. You can only lodge one after:

  • Your visa application has been refused; and
  • You have exhausted appeals at the Tribunal, and in some cases the courts.

This request asks the Minister to personally consider granting you a visa due to exceptional and compelling circumstances.

Examples of Exceptional and Compelling Circumstances

Ministerial Intervention is usually only considered where there are exceptional and compelling circumstances, such as:

  • Serious health issues and being permanently unfit to depart Australia;
  • Being the parent of an Australian citizen or permanent resident child;
  • Working in a skilled occupation;
  • Being the carer of an Australian citizen who needs care and has been issued a Carer Visa Assessment Certificate (CVAC) which has a minimum impairment rating of 30; and
  • Other specific circumstances outlined in the Positive Personal Procedural Decision (sections 351 and 501J).

Recent Changes to Ministerial Intervention (2025)

There have been major reforms to the Ministerial Intervention process in 2025.

These changes stem from the High Court’s 2023 decision in Davis v Minister for Immigration, which found that departmental officers did not have the power the make  decisions about MI requests, and only the Minister himself has the power to make such decisions.

Following that ruling, the Minister introduced new Ministerial Instructions on 4 September and 17 September 2025, replacing the previous guidelines from 2016. These new rules:

  • Ensure decisions are made only by the Minister, not departmental staff; and
  • Set clear criteria for which cases can be referred to the Minister.

Key Effects of the Changes

  • Any requests lodged before 12 April 2023 will no longer be considered by the Minister unless it was already being considered — they must be resubmitted under the new criteria.
  • Any requests lodged on or after 12 April 2023 but before the new guidelines must meet specific criteria to be eligible for Ministerial consideration.
  • This criteria is listed in the Positive Personal Procedural Decision (sections 351 and 501J). It includes but is not limited to circumstances involving serious health issues that cannot be treated overseas, evidence of skills in a skilled occupation, being the parent of a minor Australian child at the time of the request, and other specific circumstances.

In short, the reform introduces a more objective and transparent framework — but also stricter limits on which circumstances the Minister will consider Ministerial Intervention requests.

What If My Ministerial Intervention Request Was Refused?

If your MI request has recently been refused, you may be able to lodge a new request, but only if your case meets at least one of the criteria under Section 13 of the new Ministerial Intervention Guidelines.

If your circumstances satisfies one of these criteria, it can be referred to the Minister, and the Minister may consider it is in the public interest to intervene and grant a visa. The final decision rests with the Minister, including what type of visa may be appropriate if granted.

How Long Does It Take for the Minister to Decide?

There is no set timeframe for how long a Minister will take to make a decision. Because Ministerial Intervention is entirely at the Minister’s discretion, the decision can take weeks, months, or even longer.

Only a small number of requests are ever referred to the Minister, and even fewer result in an intervention. Processing times vary depending on the complexity of the case and the current workload, and the Minister is under no obligation to make a decision within a specific timeframe.

Do You Need a Lawyer for Ministerial Intervention?

While you are not legally required to have legal representation to lodge an MI request, obtaining legal assistance is highly recommended. 

Here’s why:

  • Ministerial Intervention cases are complex and highly discretionary
  • You must provide detailed evidence of exceptional and compelling circumstances
  • A lawyer can help assess whether your situation qualifies under the new criteria and write submissions to address this
  • Professional representation can improve the clarity and strength of your submission

Given the technical and legal nature of the process, getting help from a migration lawyer can be invaluable in preparing a strong MI request.

Final Thoughts

Ministerial Intervention remains a crucial pathway for those with no other legal avenues left after visa refusals and exhausted appeals. While recent reforms have made the process more structured, they’ve also raised the bar for eligibility.

If you’re considering a Ministerial Intervention request or have been refused, it’s vital to understand the current guidelines and how they apply to your case.

If you found this helpful, make sure to explore more insights on the Work Visa Lawyers blog or contact us if you need assistance lodging a Ministerial Intervention request or managing a pending case.

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National Innovation Visa Updates

National Innovation Visa Updates

National Innovation Visa Updates

Exceptionally talented individuals such as global researchers, entrepreneurs, innovative investors, athletes, sports professionals and creatives with an internationally recognized record of exceptional achievements in their field may be eligible for the subclass 858 - National Innovation Visa or the NIV.

One of the requirements for the NIV is having a nominator who is an Australian citizen or permanent resident or an Australian organization who has a national reputation in the same field as the applicant.

Expert Australian Commonwealth, State or Territory Government agencies can also nominate for the NIV. 

Currently, only New South Wales, Victoria and South Australia has released the details of their nomination process.

State NIV nomination 

Each state has their different processes and for Victoria, the first step is to engage with  Victorian Government department/agency on your project plan. You can do this by creating a general enquiry on the Live in Melbourne website and submitting your project plan.

If you are competitive and chosen, a Victorian Government department or agency that can support your nomination will identify and refer you. This department or agency will be preparing the nomination documents.

The Victorian NIV nomination program does not require any Registration of Interest (ROI) or application process initiated by the applicant.

New South Wales and South Australia require potential applicants to submit their ROIs and if the applicant is shortlisted, for NSW, they will be invited to submit the full nomination. 

In South Australia, the applicant will be interviewed by an assessment panel of South Australian Government representatives.

If approved for state nomination, the state will then provide the applicant with the competed Form 1000.

Department of Home Affairs – Invitation rounds

The Department of Home Affairs extends invitations monthly according to NIV priority order as listed in Ministerial Directions 112. 

You can read about these priorities here.

According to the information released by the Department, for the period of July – September 2025, they received a total of 1841 EOIs and invited 122 candidates.

From the 122 invitations issued:

  • Less than 5 is from Priority 1- Exceptional candidates from any sector who are global experts and recipients of international ‘top of field’ level awards.
  • 17 are from Priority 2 - Candidates from any sector nominated on the approved Form 1000 by an expert Australian Commonwealth, State or Territory Government agency
  • 84 are from Priority 3 - Candidates with exceptional and outstanding achievements in a Tier One sector (Critical technologies, Renewables and low emission technologies and Health industries)
  • 20 are from Priority 4 - Candidates with exceptional and outstanding achievements in a Tier Two sector  (Agri-food and AgTech, Education, Defence Capabilities and Space, Financial Services and FinTech, Infrastructure and Transport and Resources.

By sector:

Tier 1

  • 48 invitations were issued for those in Critical Technologies
  • 15 from ​Renewables and low emission technologies
  • 30 from Health Industries

Tier 2

  • Less than 5 from Agri-food and AgTech 
  • Less than 5 from Education
  • 9 from Defence Capabilities and Space
  • Less than 5 from Financial Services and FinTech
  • Less than 5 from Infrastructure and Transport
  • Less than 5 from Resources

And there were 8 from the Sports and Arts.

If you want to check if you are eligible for the NIV, you can complete our free NIV assessment form here.

You just might be one of the brightest, best and fairest talent Australia is looking for.

NIV EOIs and invitations for July September 2025

Invitations issued by sector

 

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189 Invitation Round November 2025

189 Invitation Round November 2025

189 Invitation Round November 2025

If you are waiting for news about Australia's skilled migration, the 13 November 2025 invitation round has brought massive updates. The Department of Home Affairs has issued 10,000 invitations for the Subclass 189 Skilled Independent visa.

The government’s clear focus is on fixing the housing shortage. To achieve this, they are making it significantly easier for trade workers to secure a visa, while entry standards for other professionals remain high.

Here is our simple analysis of who won, the surprises, and who missed out.

Current Round: 13 November 2025

You can view the official invitation round data on the Department of Home Affairs website.

Construction Sector

Australia needs to build more houses. Because of this, the Department is inviting Carpenters, Bricklayers, and many other trades with just 65 points.

Some other occupations invited with 65 points were:

  1. Plumber (General) - 65 points
  2. Joiner - 65 points
  3. Electrician (General) - 65 points
  4. Solid Plasterer - 65 points
  5. Wall and Floor Tiler - 65 points

65 points is the minimum score. This means if you are a qualified tradesperson with the right age and English skills, you have a very good chance of being invited.

Health & Education

Healthcare and Education remain vital parts of the migration program. Nurses, Doctors, and Teachers are being invited regularly, though the point requirements are slightly higher than for construction.

Key Health & Education Occupations Invited:

  1. Registered Nurse (Critical Care and Emergency) - 75 points
  2. Registered Nurse (Medical) - 75 points
  3. Early Childhood (Pre-primary School) Teacher - 85 points
  4. Secondary School Teacher - 75 points
  5. Special Needs Teacher - 75 points
  6. Special Education Teachers nec - 75 points
  7. Physiotherapist - 75 points

While there are many invitations in these sectors, there is also more competition. You generally need a competitive score of at least 75 points to secure an invite.

Some others occupations invited

Most invitations went to the major sectors mentioned above, but there were some interesting surprises in this round.

Other notable occupations Invited:

  1. Economist - 85 points
  2. Multimedia Specialist - 90 points
  3. Musician (Instrumental) - 90 points
  4. Marine Biologist - 85 points
  5. Botanist - 85 points
  6. Tennis Coach - 85 points

Tennis Coaches: Surprisingly, Tennis Coaches received invites again. This is the second round this year that Tennis Coaches have been invited, showing that specific niche jobs are sometimes needed unexpectedly.

Who Missed Out

Even though Education is a priority, University Lecturers were not invited in the November 2025 round. The Department is currently focusing on schools for children (Primary and Secondary), rather than universities.

If you are a University Lecturer, the 189 visa may be difficult to secure right now. You should consider other options, such as the Subclass 190 or 491 visas (State Nomination), or employer sponsorship through the 482 or 186 visas.

Other occupations that didn’t receive any invitations were Accountants and Chefs.

Subclass 491: Family Stream

The 491 Family Stream is still small and competitive.

  • Invitations Issued - 300
  • Occupations - 36

This visa is designed to help people with eligible family members living in regional Australia.

When will the next 189 invitation round happen?

Invitation rounds are expected to happen quarterly.

If you did not get an invite, don’t panic. The next 189 visa invitation round is expected to be in February or March.

What You Should Do:

  • Trades - If you have 65 points, submit your Expression of Interest (EOI) now.
  • Professionals - If your job is not on a priority list, try to increase your points. You can improve your English score, add partner points, or gain more work experience.

Need Help?

Visa rules change often. If you are not sure what to do—or if you want to switch from a 189 to a 190 or 491 visa—our team can help you.

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4 Ways You Can Lose Your Australian Permanent Residency (And How to Avoid It)

4 Ways You Can Lose Your Australian Permanent Residency (And How to Avoid It)

4 Ways You Can Lose Your Australian Permanent Residency (And How to Avoid It)

Did you know your Australian Permanent Residency (PR) can be cancelled even after it’s been granted?

While many assume that PR status is a permanent guarantee, there are several legal, procedural, and administrative situations that can cause you to lose your residency rights. 

From failing the Character Test to mistakenly applying for the wrong visa type, these pitfalls are more common than you might think — and they can have devastating consequences, especially if you're overseas when they occur.

In this article, we’ll cover the four most common reasons Australian PR is lost, with real-life examples and practical advice on how to avoid these costly mistakes.

Reason 1: Committing a Serious Offence

Your Permanent Residency can be cancelled if you fail the Character Test, especially if you:

  • Receive a 12-month prison sentence (even if suspended)
  • Commit domestic violence
  • Are involved in repeated criminal offences
  • Are convicted of serious driving offences like DUI or dangerous driving

Example:

A PR holder receives a suspended 12-month sentence and still loses their residency — even without serving time.

How to avoid this:

Stay out of legal trouble. If you’re facing charges, seek legal advice immediately.

Reason 2: Applying for a Temporary Visa After Getting PR

Many migrants don’t realise that applying for a temporary visa after receiving Permanent Residency can actually cancel their PR.

This can happen in several situations, including:

  • When a PR holder applies for a temporary visa from outside Australia, or
  • When someone onshore applies for a temporary visa and later applies for a permanent visa (or vice versa), and the temporary visa is granted after the permanent visa.

If the temporary visa is granted after the PR is granted — and the applicant did not withdraw the temporary visa application — the temporary visa will replace the permanent visa and cancel the PR.

This risk applies to visas such as:

Example 1: 

A PR holder offshore applies for a visitor visa to re-enter Australia more easily. When the temporary visa activates, their PR travel facility expires. They are no longer recognised as a permanent resident.

Solution:

If your PR travel facility has expired, always apply for a Resident Return Visa (RRV – subclass 155/157) — not a temporary visa.

Example 2

A person applies for a Student Visa while onshore. A few months later, they receive an invitation for the 190 visa, which is granted quickly — giving them PR.
However, because they did not withdraw their Student Visa application, the Student Visa is granted later and replaces the 190 PR visa, cancelling their permanent residency.

Solution:

After your PR is granted, remember to withdraw any other visa application you have lodged.

Contact us if you need help applying for a Resident Return Visa or understanding your PR conditions.

Reason 3: Spending Too Long Outside Australia

Your PR comes with a 5-year travel facility. If you stay outside Australia for too long and lose strong ties to the country, you may not be able to re-enter.

Example:

A PR holder works overseas for 7 years with minimal ties to Australia. Their Resident Return Visa is refused. They cannot return as a permanent resident.

How to avoid this:

  • Travel back to Australia at least every 5 years
  • Maintain strong connections (property, work, family) to Australia

Reason 4: Not Entering Australia by Your First Entry Date

If you were granted PR offshore, your visa includes a first entry date.

If you don’t enter by that date, your PR may become invalid — even before you’ve had a chance to move.

Solution:

Make a short trip to Australia before the first entry date to activate your PR.

Don’t Risk Losing Your PR

Many people make avoidable mistakes that lead to losing their Australian Permanent Residency. If you take the right steps and stay informed, most of these issues can be prevented.

If you’re facing criminal charges, visa complications, or have spent extended time overseas, get legal advice as early as possible.

Watch the Full Video:

In this video, we go deeper into each reason with visual examples and what steps to take next.

Need Help With Your PR Status?

Book a consultation for expert legal help on visas, PR, and citizenship matters.

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Australian Immigration News – December 2025

Australian Immigration News – December 2025

Major Updates on 189, 190, 491 Visas, State Allocations & 2026 Migration Predictions

The Australian Government has finally released the allocation quotas for the 190 and 491 visas—and the news is significant. Several states, including South Australia, New South Wales, Western Australia, Victoria, and Tasmania, have experienced major cuts, while Queensland and the Northern Territory have seen increases to their state nomination programs.

If you are planning to migrate to Australia in 2026, or you have a 190/491 Expression of Interest (EOI) sitting in SkillSelect without invitations, this may be one of the most important immigration updates of the year.

This month, we cover:

189 Invitation Round – November 2025

The 13 November 2025 189 round was strong and followed similar trends to previous rounds.

A total of 10,000 applicants were invited across 144 different occupations.

As in recent rounds, the Department is prioritising construction, health and education, with some construction occupations being invited with only 65 points.

Some competitive occupations also received invitations, including Economists and Multimedia Specialists. And once again—similar to the latest rounds—some surprising occupations were invited, such as Tennis Coach and Musician (Instrumental).

In this round, 300 applicants were also invited for the 491 Family Stream, across 36 different occupations.

The Department of Home Affairs has just published the official November 189 invitation round. The full list is available on the Department’s website.

For those still waiting, it looks like the next round may happen in February or March, as the government is planning to run invitation rounds quarterly.

190 & 491 Visa Allocations 2025–26

The Federal Government confirmed the new state nomination quotas, with a 23% national reduction overall.

States with major cuts:

  • South Australia: 41% decrease
  • Victoria, New South Wales, Tasmania, Western Australia: Significant cuts
  • ACT: Small cut

States with increases:

  • Queensland: 117% increase
  • Northern Territory: 3% increase

Even with increases, both QLD and NT remain competitive due to high applicant demand.

These cuts mean:

  • Less availability of 190 and 491 visas
  • Higher competition
  • Fewer occupations available
  • More migrants needing alternative visa pathways

Check out our full blog about the state allocations for 2025–26.

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Four Options to Consider for Your Australian PR Strategy

If you are not receiving a nomination for the 190 or 491 visas, there are four pathways you may consider:

1. Keep trying for the 190 or 491 visa

This works for certain occupations—especially in construction, health, education, or for applicants with strong government roles.

However, if you work in an oversupplied occupation (e.g. Cook, Accountant, Marketing Specialist), continuing to wait may not be an effective strategy.

2. Move to another state

A change of state may help, but only depending on your occupation and the state you’re moving to.

For heavily oversupplied occupations such as Restaurant Managers, Cooks, or Enrolled Nurses, moving often does not improve invitation chances.

Moving is more realistic if:

  • You have a confirmed job offer in the new state
  • You are relocating from a highly competitive state (NSW, VIC, SA) to one with better allocations (WA or NT)

Always seek migration advice before relocating—Australia’s distances usually involve travelling over 1,000 km.

3. Consider alternative visa pathways

This is now the recommendation of many state governments.

Possible alternatives include:

Finding a sponsor can be challenging, but it remains one of the most reliable PR pathways.

4. Retrain into a higher-demand occupation

This is most feasible for applicants on a 485 Graduate Visa with 2–3 years ahead of them.

Some trade occupations receiving 189 invitations at only 65 points may become attractive pathways.

If you need personalised guidance, you can book a consultation with our team.

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South Australia Opens the 2025–26 State Nomination Program

SA received:

  • 1,350 places for the 190 visa
  • 900 places for the 491 visa
  • Total: 2,250 places (a 41% reduction from last year's 3,800)

Priority sectors:

  • Building & Construction
  • Defence
  • Education
  • Engineering
  • Health
  • Manufacturing

Check our full South Australia blog to learn more about SA state nomination in 2025–26.

National Innovation Visa (NIV) Updates

The NIV replaces the Global Talent Visa and targets highly talented, globally recognised innovators.

Key updates:

  • Queensland may open EOIs before the end of 2025
  • NSW has received 1,250 EOIs but invited only 5 applicants so far
  • Strong demand indicates extremely high competition

With 190 and 491 cuts, it is likely that one state will begin issuing more nomination supports in 2026. Those who act early will benefit most.

If you believe you may qualify, complete our free online assessment.

ART Visa Appeals – Important Reminder

December is a high-volume period for:

If you receive a refusal, be careful with strict appeal deadlines—missing them may remove your right to review.

What to Expect in Australian Immigration in 2026

Based on current trends, we predict:

  • State nomination programs will remain selective and competitive
  • Priority will continue for construction, health and education
  • Demand for 482 and 186 visas will grow
  • 186 processing times will remain long
  • DAMA and Labour Agreement pathways will expand
  • Skilled migrants will increasingly look for employer sponsorship
  • States may issue fewer invitations and adopt more targeted criteria

If you're struggling to secure GSM invitations, read our blog “How to Find a Sponsor in Australia”, which offers practical steps.

Need Personalised Migration Advice?

If you want tailored guidance about your Australian PR options, you can book a consultation with or migration agents or immigration lawyers.

Talk to an Immigration Lawyer

You can also check out our YouTube channel to learn more about Australian visas, permanent residency, and citizenship.

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South Australia Opens 190 and 491 Visa Programs for 2025–26

South Australia Opens 190 and 491 Visa Programs for 2025–26

South Australia Opens 190 and 491 Visa Programs for 2025–26

South Australia (SA) has officially opened applications for the Skilled Nominated (subclass 190) and Skilled Work Regional (subclass 491) visas and released its updated criteria on the Move to SA website.

For the 2025–26 program, including interim allocations, South Australia has received:

 

 SA State Allocation 2025-26 
 Visa  Places
 190 Visa 1,350 
 491 Visa 900 

 

This year brings one of the biggest changes in recent years:

  • SA has removed 71 onshore occupations from the skilled list
  • Reducing the number of eligible onshore occupations from 464 last year to just 393 this year
  • There are 278 offshore occupations available

Combined with significant allocation cuts, the 2025–26 program will be far more competitive than previous years.
With a 41% overall cut, South Australia now faces the largest reduction in nomination places across the country.

If you work in construction, health, teaching or have a high salary, you may have a better chance of being invited by SA.

South Australia Skilled Migration Streams

South Australia continues to operate four key nomination streams:

  1. South Australian Graduates
  2. Skilled Employment in South Australia
  3. Outer Regional Skilled Employment
  4. Offshore

The eligibility and competitiveness within each stream have shifted significantly, and it will be more difficult to receive a nomination.

Onshore Applicants: ROI Required

Onshore applicants must now submit a Registration of Interest (ROI).
SA will consider a mix of factors from your ROI when deciding whether to invite you for nomination.

Key assessment factors include:

  • English language level
  • Years of skilled experience
  • Skills and qualification level
  • Salary level
  • Employer assessment (for those employed in SA)

Tip: For onshore applicants, points do not matter.

Minimum Work Requirement – SA Onshore Applicants

All onshore applicants must be working at least 30 hours per week for a set period based on their stream.
This means most international students will not be eligible, as student visa work rights limit them to 24 hours per week or 48 hours per fortnight.

Occupations – 491 Visa Only (Not Eligible for 190)

A significant number of occupations have shifted to the 491 visa only, reducing access to the 190 visa pathway.

Examples include:

  • Accountant
  • Dentist
  • Motor Mechanic
  • Marketing Specialist

Occupations No Longer Eligible for the SA Graduate Stream

  • Chefs
  • Cooks
  • Cafe or Restaurant Managers
  • Enrolled Nurses

Occupations Keeping 190 or 491 Options

Despite the major reductions, some high-priority occupations still retain 190 eligibility, including:

  • Engineers
  • Teachers
  • Registered Nurses

These align with South Australia’s priority industry needs.

South Australia Priority Sectors for 2025–26

The state will prioritise applicants in:

  • Building and Construction
  • Defence
  • Education
  • Engineering
  • Health
  • Manufacturing

Applicants in these sectors may remain competitive for 190 nominations, depending on experience, English level and employment arrangements.

Offshore Applicants: No ROI Required

Offshore applicants do not need to submit an ROI.
Invitations will be issued directly from SkillSelect based on your EOI.

For offshore candidates, the primary assessment factors remain:

  • Your occupation
  • Points score
  • Competitiveness within your occupation group

Not all occupations have offshore pathways. Some are onshore-only, and others are 491 only.

Tip: Points matter for offshore applicants.

Numbers and Competition

Last year (2024–25), South Australia had about 60,000 EOIs and ROIs for only 3,800 places. This means the chance of getting an invite was very low — about 6.33%.

This year (2025–26), if there are still around 60,000 applications but only 2,250 places, the chance of getting invited will be even lower — around 3.75%.

Tip: If you are not receiving an invitation, consider other visa options such as employer-sponsored visas (482 visa, 186 visa, 494 visa or DAMA) or a partner visa if you have an Australian partner.

What These Changes Mean for Applicants

  • Expect fewer invitations overall
  • Many occupations will now only access the 491 visa
  • SA employment is becoming a key factor
  • Offshore candidates will likely need high points to stay competitive
  • Some occupations require SA employment even for Graduate pathways
  • Employer sponsorship pathways (482 → 186) may be more reliable

If you intend to apply through South Australia, early planning and strategy are more important than ever.

You can book an appointment with one of our migration agents or immigration lawyers.

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Big Cuts to Australian Migration: 190 & 491 State Nomination reduced by 41%

Big Cuts to Australian Migration: 190 & 491 State Nomination reduced by 41%

Major changes to Australian skilled migration have now been officially confirmed — and the impact on the State-nominated Subclass 190 and Subclass 491 visas is significant.

Across Australia, state and territory nomination allocations have been reduced. While most states received a significant reduction, two states received an increase in the 190 and 491 visa.

At Work Visa Lawyers, we stay up to date with every policy announcement so you can understand how these changes affect your visa options. Below is a full breakdown of the new numbers, what they mean for skilled migrants, and the alternative pathways you may need to consider.

Australian Skilled Migration Cuts: Overall less Australian visas in 2025-26

The Federal Government has announced a 23% overall cut to state and territory nomination allocations for the 2025–26 program year.

But these cuts are not evenly distributed — some states have been hit much harder than others.

While Queensland and the Northern Territory received increases, every other state experienced reduction, with some receiving major cuts.

These changes affect thousands of skilled migrants who have already invested heavily in their journey, including skills assessments, English tests and Expressions of Interest (EOIs).

Australian businesses relying on skilled migrants to fill labour shortages will also fell the impact. 

Even though the Migration Program planning levels for this financial year are the same as last year, the state nomination allocations still dropped.

This strongly suggests that the Government has reduced state and territory allocations because of the large number of visa applications already in the system, ongoing processing backlogs, and the high volume of EOIs submitted over the past year.

In practical terms, this means the number of invitations issued in 2025–26 will be lower, even though the overall program size has not changed.

State-by-State Breakdown: From the Biggest Cut to the Biggest Increase

Below is a clear summary of how each state and territory has been affected.

1. South Australia — 41% Cut

South Australia is the hardest hit jurisdiction in Australia. A 41% reduction in the 190 and 491 visas means far fewer invitations, particularly for competitive occupations. Expect very high competition.

South Australia 190 and 491 visas 2024–2025:
• 190 visa: 3,000
• 491 visa: 800
• Total: 3,800

South Australia 190 and 491 visas 2025–2026:
• 190 visa: 1,350
• 491 visa: 900
• Total: 2,250

Difference: –1,550

2. Tasmania — 35% Cut

Despite a large cut to its 190 and 491 visas, Tasmania remains transparent with its invitation system, offering clearer expectations for applicants.

Tasmania 190 and 491 visas 2024–2025:
• 190 visa: 2,100
• 491 visa: 760
• Total: 2,860

Tasmania 190 and 491 visas 2025–2026:
• 190 visa: 1,200
• 491 visa: 650
• Total: 1,850

Difference: –1,010

3. Western Australia — 32% Cut

As expected, WA had a 32% cut. Premier Roger Cook tried to prevent this by asking the Federal Government not to proceed with the reductions, given the state’s strong need for skilled migrants — but the attempt was not successful.

Western Australia 190 and 491 visas 2024–2025:
• 190 visa: 3,000
• 491 visa: 2,000
• Total: 5,000

Western Australia 190 and 491 visas 2025–2026:
• 190 visa: 2,000
• 491 visa: 1,400
• Total: 3,400

Difference: –1,600

4. Victoria — 32% Cut

Victoria’s reductions in the 190 and 491 visas will now limit options for many general skilled migrants.

Victoria 190 and 491 visas 2024–2025:
• 190 visa: 3,000
• 491 visa: 2,000
• Total: 5,000

Victoria 190 and 491 visas 2025–2026:
• 190 visa: 2,700
• 491 visa: 700
• Total: 3,400

Difference: –1,600

5. New South Wales — 28% Cut

NSW still runs one of the largest skilled migration programs, but the state allocation cut means fewer opportunities and much tighter competition.

New South Wales 190 and 491 visas 2024–2025:
• 190 visa: 3,000
• 491 visa: 2,000
• Total: 5,000

New South Wales 190 and 491 visas 2025–2026:
• 190 visa: 2,100
• 491 visa: 1,500
• Total: 3,600

Difference: –1,400

6. Australian Capital Territory — 11% Cut

A smaller reduction, but still an overall decrease in nomination opportunities.

Australian Capital Territory 190 and 491 visas 2024–2025:
• 190 visa: 1,000
• 491 visa: 800
• Total: 1,800

Australian Capital Territory 190 and 491 visas 2025–2026:
• 190 visa: 800
• 491 visa: 800
• Total: 1,600

Difference: –200

States With 190 and 491 Increases in 2025–26

Northern Territory — 3% Increase

A small but notable rise in a year dominated by cuts.

Northern Territory 190 and 491 visas 2024–2025:
• 190 visa: 800
• 491 visa: 800
• Total: 1,600

Northern Territory 190 and 491 visas 2025–2026:
• 190 visa: 850
• 491 visa: 800
• Total: 1,650

Difference: +50

Queensland — 117% Increase

The biggest surprise — and the biggest winner.
Queensland’s allocation has more than doubled compared to last year.
While numbers remain competitive, this offers meaningful opportunities for eligible applicants.

Queensland 190 and 491 visas 2024–2025:
• 190 visa: 600
• 491 visa: 600
• Total: 1,200

Queensland 190 and 491 visas 2025–2026:
• 190 visa: 1,850
• 491 visa: 750
• Total: 2,600

Difference: +1,400

Check our table below with all the numbers and the comparison from 2024-25 and 2025-26.

We also published this in our Facebook, Instragram, and TikTok accounts. Follow us for on the spot short updates.

State Allocation Post 2

What This Means for Skilled Migrants

The 23% overall reduction in state allocations means:

  • fewer invitations
  • higher competition across all states
  • many occupations may not receive invitations at all
  • applicants need stronger strategies beyond just lodging an EOI

Most states continue prioritising critical industries, including:

  • Health
  • Teaching
  • Construction and trades

Applicants in these areas may still have good chance.
However, for many other occupations, relying solely on the 190 or 491 visa this year may not be realistic.

What to Do If Your Occupation Is Affected

If you are considering skilled migration but your pathway has become more competitive or your occupation is no longer on the state lists, there are still visa options in Australia including:

  • Employer-sponsored visas (482, 186, 494)
  • Training visa (407)
  • Partner visas if you have an eligible Australian partner
  • Regional employer pathways, including DAMAs

At Work Visa Lawyers, we help individuals and businesses navigate these changes and choose the best possible pathway toward permanent residency.

How to Apply for an Australian Visa

If you want to understand which state gives you the best chance or whether you should lodge an EOI, discuss your visa options and apply for an Australian visa or permanent residency, our immigration lawyers and registered migration agents can assist you.

Book a consultation with one of our migration agents or immigration lawyers.
The meeting can be held in our office in Adelaide or through a video call.

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Australian Immigration News – Latest updates

Australian Immigration News – Latest updates

Major visa cuts, backlogs, and new opportunities revealed at the MIA National Migration Conference

Big changes have just been announced in Australian immigration — including potentially visa quota reductions and major updates straight from the Migration Institute of Australia’s National Migration Conference in Melbourne.

Are your migration plans about to change? Let’s take a closer look at what’s happening.

Migration Quotas and State Nomination – Up to a 30% Cut

The Federal Government has confirmed a total of 185,000 permanent migration places for the 2025–2026 financial year — the same overall number as last year.

However, there’s growing concern that state and territory allocations will be significantly smaller, as the Department of Home Affairs (DHA) continues to face backlogs from unprocessed visa applications.

For example, Western Australia’s Premier Roger Cook is fighting to prevent a reduction from 5,000 to 3,400 skilled migration places. He has formally written to the Federal Government, urging them to reconsider the cuts.

If WA faces a 30% reduction, similar cuts may occur across other states — except for Queensland, which is expected to see an increase after receiving a very small allocation of only 1,200 places last year.

At this stage, only small interim allocations have been released, allowing states to issue a limited number of invitations for Subclass 190 and Subclass 491 visas.

Many states have already published their eligibility criteria for this financial year, and some are already open for Expressions of Interest (EOIs).

A detailed update on each state’s 190 and 491 requirements will be published separately soon.

Deportations and Visa Cancellations

According to several news articles, Home Affairs Minister Tony Burke confirmed that the first transfer to Nauru under a new agreement has taken place, triggering an upfront payment of AUD 408 million. The deal — expected to cost around AUD 2.5 billion — has faced criticism from human rights groups.

Additionally, the government has made headlines by denying entry to certain individuals, including Dutch athlete Steven van de Velde, a convicted child sex offender, under section 501 visa cancellation powers.

Key Takeaways from the MIA National Migration Conference 2025

In early October, the Migration Institute of Australia’s National Migration Conference was held in Melbourne. Chris Johnston from Work Visa Lawyers attended the event alongside our lawyer Shamsiya Mohammadi, gathering valuable insights about the government’s direction in migration policy.

10

Visa Processing and Backlogs

According to Damien Kilner from the Department of Home Affairs, the backlog of pending visa applications remains a serious challenge.

As of October 2025, there are:

  • 58,000 pending Subclass 186 Employer-Sponsored Visa applications, compared to an annual target of 44,000 places.
  • 98,000 pending Partner Visa applications, with an annual target of 40,500.

This means that the partner visa backlog is growing by approximately 25,000 applications per year, and without major reform, waiting times could extend to five years or more.

DAMA Update – More Regional Flexibility Ahead

The Department of Home Affairs confirmed that it favours full-state DAMA agreements rather than fragmented regional ones.

This suggests that:

  • Tasmania may soon receive its own state-wide DAMA.
  • Queensland, New South Wales, and Victoria could move toward full-state DAMAs, replacing the current patchwork approach with more consistent coverage.

This would provide greater flexibility for employers in regional areas to sponsor overseas workers under the Designated Area Migration Agreement (DAMA) program.

Political Debate: Labour vs. Liberal on Migration Policy

The conference also featured a lively political debate between Labour and Liberal representatives.

Julian Hill MP, Assistant Minister for Citizenship and Multicultural Affairs, spoke about rebuilding a coherent migration system after years of inconsistent policies and underinvestment.

Hill confirmed that net overseas migration has fallen by more than 40%, returning to pre-COVID levels, and emphasised the economic importance of international students, who support over 250,000 Australian jobs.

He stated:

“Australia is not facing mass migration — our borders remain tightly controlled.”

Hill also criticised the opposition, saying the Liberals were:

“Both terrified of yet cuddling up to One Nation, calling for ‘massive cuts’ to migration, but never saying how or where that should occur.”

In response, Liberal Senator Paul Scarr, Shadow Minister for Immigration, took a more measured stance.

He argued that:

“Our immigration policy must be in our national interest. But, more than that, the debate in relation to immigration policy must be conducted in a way which is also in our national interest — it must not seek to inflame emotion.”

Scarr called for:

  • Greater transparency in the migration program.
  • A return to multi-year migration planning (which has not been reintroduced).
  • Faster processing times for the new Skills in Demand (SID) 482 visa, which are currently exceeding expectations.

While both sides of politics offered valid points, the ongoing lack of certainty and predictability continues to affect Australian businesses and regional employers struggling with skill shortages — as well as visa applicants themselves seeking confidence in the system.

11

Where Are the Opportunities for Applicants?

Despite the cuts and backlogs, there are still strong opportunities in key sectors.

Under Ministerial Direction 105, healthcare professionals and teachers are being prioritised for skilled visa processing. 

The federal and state governments are also prioritising construction workers and tradespeople due to the housing crisis. 

For those outside these priority sectors, employer sponsorship or partner visas may be the most practical migration pathways.

Check out our blog “How to find a sponsor”. 

Rising Interest from U.S. Citizens

There has been a noticeable increase in protection visa applications from U.S. citizens between August 2024 and July 2025, according to Department of Home Affairs data.

Work Visa Lawyers has also assisted many U.S. citizens applying for partner visas, reflecting a growing interest in migration pathways to Australia from the United States.

National Innovation Visa Granted – Critical Technology 

The new National Innovation Visa (NIV) continues to show promising results.

In October, Work Visa Lawyers successfully obtained a National Innovation Visa grant for a client working in critical technologies (cyber security).

The processing time was impressively fast, the visa was lodged in August and granted in October, taking just two months.

If you are a global talent or entrepreneur working in high-tech or innovation sectors, you may be eligible for this visa.

You can check your eligibility with our Free NIV Assessment on the Work Visa Lawyers website.

12

What to Expect Next? 

Australia’s migration landscape is shifting rapidly, with significant cuts to state allocations, extended processing delays, and increasing political debate about migration levels.

While there is uncertainty, opportunities remain strong in healthcare, education, construction, and technology sectors.

At Work Visa Lawyers, we continue to monitor all official updates from the Department of Home Affairs and state and territory governments.

Follow us on Instagram, TikTok, Facebook or YouTube for short updates. 

Applying for an Australian Visa

If you want to discuss your specific situation or visa options, please book an appointment with one of our lawyers.

Our experienced team of immigration lawyers and registered migration agents can guide you through your best options.

Contact Work Visa Lawyers today to book a consultation and get personalised advice for your visa pathway.

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Resicare’s Success Story: How Work Visa Lawyers Helped Solve Regional Workforce Shortages Through the DAMA Program

Resicare’s Success Story: How Work Visa Lawyers Helped Solve Regional Workforce Shortages Through the DAMA Program

Resicare’s Success Story: How Work Visa Lawyers Helped Solve Regional Workforce Shortages Through the DAMA Program

Finding and keeping skilled staff in regional Australia can be a major challenge, especially in some sectors such as disability care. For Resicare SA, a South Australian disability support provider, this issue became critical when many of their staff began moving back to Adelaide.

Thanks to expert guidance from Work Visa Lawyers, Resicare found a long-term solution through the Designated Area Migration Agreement (DAMA) program, helping them rebuild their workforce and continue delivering essential care services across the state.

The Challenge: Regional Workforce Shortages

Resicare had been operating in regional South Australia for several years, but staffing became increasingly difficult.

As Finance and Operations Manager Haroon explained:

“Around two years ago, people started moving back to Adelaide. We had no options to ask them to stay or work for us, and our services were very impacted.”

Without qualified carers in regional areas, Resicare’s ability to support clients was at risk.

The Solution: Partnering with Work Visa Lawyers

That’s when Resicare contacted Work Visa Lawyers for help. After assessing the company’s situation and workforce needs, our team identified the DAMA program as the best solution.

The DAMA allows approved regional employers to sponsor skilled overseas workers under more flexible conditions, including occupations not usually available under standard visa programs.

With our support, Resicare successfully applied for and received DAMA endorsement, enabling them to sponsor skilled disability carers and rebuild their workforce.

Haroon shared:

“The biggest help we received from Work Visa Lawyers was to guide us through the right path — the DAMA program. We built our team, and it’s been more than a year now that we’ve been providing services all over South Australia.”

Expanding Services with Confidence

Resicare’s success under the DAMA has not only solved their immediate workforce shortages but also set them up for growth.

“If we had not received that help from Work Visa Lawyers, we would not be operating in regional areas,” Haroon said. “Now, our plan for this year is to expand our services to Mount Gambier and Naracoorte. We are again working with Work Visa Lawyers for our DAMA renewals.”

When asked if they would recommend Work Visa Lawyers, Haroon commented:

“Absolutely 100%. They are very professional, and we truly believe they can help others just as they helped us.”

About Resicare SA

Resicare SA provides a wide range of disability and community support services, including:

  • Supported Independent Living (SIL)
  • Specialist Disability Accommodation (SDA)
  • In-home and respite care
  • Community participation and complex needs support

Their services extend across metropolitan Adelaide and regional South Australia.

Work Visa Lawyers and the DAMA Program

Work Visa Lawyers has extensive experience assisting employers across Australia to access skilled overseas workers through the DAMA program. Our team has supported a range of industries — including disability care, agriculture, hospitality, and construction — to meet their staffing needs and grow sustainably.

Here you can learn more about Labour Agreements and DAMAs.


We also have many videos on YouTube explaining the different DAMAs available in each state and territory. Check out our DAMA playlist.

If you or your business need assistance applying for a DAMA, please contact our team of experienced immigration lawyers and registered migration agents.

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