The Department of Home Affairs recently released the list of occupations invited for the 189 visa in the SkillSelect invitation round held on 5 September 2024. In this round, 7,973 Expressions of Interest (EOIs) were invited, which is nearly half of the total available quota for the 2024-25 financial year, set at 16,900.

Over 140 different occupations were invited, with points ranging from 65 to 115. 

No invitations were issued for the 491 Skilled Work Regional Family Sponsored visa in this round. 

Here's a summary of some key industries and the minimum points required:

Construction Trades:

Carpenters, Electricians, Painters, Joiners, Plumbers, and Glaziers were all invited with a minimum of 65 points. 

This is good news for tradespeople, as these are some of the lowest point requirements in this round.

Teaching:

Early Childhood (Pre-primary School) Teachers and Secondary School Teachers needed a minimum of 75 points to receive an invitation.

Healthcare:

• Registered Nurses: 75 points.

• Midwives: 75 points.

• General Practitioners: 75 points.

• Social Workers: 75 points.

• Clinical Psychologists: 85 points.

• Nursing Clinical Directors: 115 points.

Engineering:

Civil and Mechanical Engineers were invited with 90 points.

Information Technology:

• ICT Business Analysts and Analyst Programmers were invited with 90 points.

• Developer Programmers: 100 points.

Other occupations:

• Chefs: 90 points.

• University Lecturers: 90 points.

• Accountants: 95 points.

What this means for applicants

The lower the points requirement, the better the chances of receiving an invitation. In this round, construction trades had the lowest point requirement at 65, followed by healthcare and teaching professions at 75, and then moving to higher points for engineers, ICT professionals, and accountants.

How to apply for the 189 Skilled Independent Visa?

1. Your occupation must be on the Medium-Term occupation list

2. Obtain positive skills assessment and have at least Competent English

3. You must meet minimum 65 points to be able to lodge an expression of interest (EOI)

4. Submit an EOI through SkillSelect

5. If invited, submit visa application within 60 days of receiving an Invitation to Apply and include all supporting documents for the application

Considering other visa options

If your occupation did not get invited, or if the points required are much higher than you can achieve, it might be time to explore alternative visa pathways. Employer-sponsored visas, such as the 482 visa or 494 visa, might be a suitable option for those struggling with the high points threshold in the 189 visa.

Do you need help with your visa application?

Our team of experienced Immigration Lawyers and Migration Agents is ready to assist you with your visa application.

Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

Source: 

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

In this blog, we will cover the latest Australian immigration news including student visa caps, visa processing times, the 189 visa invitation round, Medicare for temporary visas, Global Talent visa and updates on state nominations.

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Student Visa Cap

The Australian Government has announced a cap on student visas starting in 2025, with a total of 270,000 international students allowed to study in Australia, a reduction of 53,000 from the previous year.

The cap breakdown is as follows:

• 145,000 new student visas for public universities

• 30,000 for other universities and non-university higher education providers

• 90,000 for the vocational education and training (VET) sector

Exemptions:

• School students

• Higher degree by research programs

• English-language providers (ELICOS)

• Non-award programs

Potential Impact:

• Harder to get enrolment for vocational and university courses in Australia.

• Less enrolments for prestigious universities in Melbourne and Sydney.

• Some students may have their enrolments withdrawn before the visa is granted and not get the visa. 

• More enrolments for regional universities.

• It will be harder to do a second or third course once in Australia. For example, if you enter Australia as an English student and then want to apply for a VET course.  

• No caps at all for English courses or school students, so these will become more popular.

If you have any questions or need assistance with your Australian visa application, feel free to book an appointment. 

189 Invitation Round

A new 189 visa invitation round took place on 5 September 2024. The occupations invited include Teachers, Engineers, General Practitioners, Accountants, and trades.

Here are some key points from this round:

• Painting Trades Workers and Carpenters: Invited with 65 points 

• Construction Managers: Invited with 75 points 

• Medical Practitioners: Invited with 80 points 

• Architects: Invited with 75 points 

Both onshore and offshore applicants were invited. Click here to check all the occupations invited. 

State Nomination 190 and 491 Visa Updates

Most states have opened for Expressions of Interest (EOI) and Registrations of Interest (ROI) submissions, with New South Wales opening in October.

This year, some states are moving away from prioritising high points, focusing instead on factors such as:

• Salary

• Relevant work experience

• English proficiency

• Partner skills

• Education level

• ANZSCO classification

Click here to learn more about the 190 Visa. 

Click here to learn more about the 491 Visa. 

Temporary Visas Eligible for Medicare

All permanent visas can enrol in Medicare, but did you know that some temporary visas can also enrol in Medicare?

Temporary visas eligible for Medicare:

• 494 Skilled Employer Sponsored Regional visa

• 491 Skilled Work Regional visa

• Onshore Parent visas

• Onshore provisional partner visas

• Protection visa (subclass 785)

Check the full list here. 

VETASSESS Processing Times

VETASSESS has reduced the processing time for skills assessments in professional and non-trade occupations. The typical processing time has decreased from 10-15 weeks to 8-10 weeks.

Global Talent Updates

The Global Talent Visa is expected to close in late 2024, with the National Innovation Visa set to replace it.

Here are some recent updates regarding the Global Talent Visa:

• We are still successfully receiving invitations for our clients.

• There have been reports of quick Expression of Interest rejections, sometimes as fast as two weeks for some applicants.

• Current visa processing times for the Global Talent Visa are estimated between 9 to 12 months.

• The Department of Home Affairs is increasingly checking the credentials of nominators and referees, with more scrutiny than before.

Visa Processing Times (September 2024)

Here are the current processing times for some key visas:

• 190 visa: 50% processed in 16 months, 90% in 17 months

• 491 visa: 50% processed in 17 months, 90% in 23 months

• 482 visa (Short and Medium Term): 50% in 1 month, 90% in 5 months

• 186 Transition Pathway: 50% in 6 months, 90% in 14 months

• 820 Provisional Onshore Partner visa: 50% processed in 12 months, 90% in 26 months

• 801 Permanent Onshore Partner visa: 50% processed in 11 months, 90% in 30 months

Check all the visa processing times here. 

Do you need help to apply for an Australian Visa?

If you need assistance with applying for an Australian visa, please contact us.

You can book an appointment online or call us at (+61) 8 8351 9956.

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your visa application.

Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.

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Sources: 

https://ministers.education.gov.au/clare/improving-sustainability-international-education

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

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

https://www.servicesaustralia.gov.au/enrolling-medicare-if-youre-temporary-resident-covered-ministerial-order?context=60092

https://www.vetassess.com.au/news/shorter-assessment-times-for-professional-and-general-occupations

The Australian Federal Government had announced that they are closing the Business Innovation and Investment subclass 188 visa (BIIP) and the Global Talent Visa subclass 858.

The Global Talent Visa is still open. You can complete a free assessment on our website. 

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The 2024-2025 Australian Federal budget stated that “the BIIP (Business Innovation and Investment Program) will be closed permanently from July 2024 and new applications for the Business Innovation and Investment (Provisional) (subclass 188) visa will no longer be able to be lodged."   

The Australian Government has also decreased the allocation for the BIIP from 1,900 places in 2023-2024 financial year to 1,000 places for 2024-2025. It can be expected that those applications not finalised in the 2023-2024 financial year will be carried over to 2024-2025 allocations and will use up the spots.

Thos who already had submitted their BIIP applications will have their applications processed according to the Government’s current processing timeframes and priorities. Those who want to withdraw their applications can do so and may request have their application fee refunded starting September 2024.

Those who currently hold a provisional (temporary) BIIP visa can still apply for a permanent BIIP subclass 888 visa after July 2024 if they meet all the eligibility requirements.

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But how about those innovators, entrepreneurs and successful businesspeople who wants to migrate to Australia to start or develop their business in Australia? What are their options now that the BIIP program has now closed?

Visa options

National Innovation Visa

The Government announced that they will implement a new visa called the National Innovation Visa “to target exceptionally talented migrants who will drive growth in sectors of national importance.” This visa will replace the Global Talent Visa and the BIIP visa and is expected to be introduced in late 2024.

Those who are interested in applying for the BIIP visa but were unable to before the closure of the program will need to wait for the law, regulations and policies regarding the National Innovation Visa and if eligible apply for it.

Once the guidelines are released, we will be updating our website and you can  follow this link for more details about the National Innovation Visa - https://www.workvisalawyers.com.au/services/national-innovation-visa.html

Employer-sponsored Visas

Potential migrants who have an occupation that is on the list of eligible skilled occupations and who have at least 3 years experience in their occupation and who have an eligible employer/sponsor in Australia may be able to apply for the Employer Nomination Scheme visa (subclass 186) - Direct Entry stream.

They can also apply for temporary employer-sponsored visa, the Temporary Skill Shortage visa subclass 482. And they can potentially apply for the permanent residence visa, under the Employer Nomination Scheme visa (subclass 186) - Temporary Residence Transition (TRT) stream after working for at least 2 years with the sponsoring employer.

Holders of subclass 482 who are over 45 years old at the time of application and otherwise eligible for the subclass 186 TRT stream may be able to access the age exemption. Holders of subclass 482 visa who have been working in the nominated occupation for the nominating employer for at least 2 years during the 3 years ending immediately before they apply, and their earnings for each year of that period were at least as much as the Fair Work High Income Threshold may be eligible for the age exemption.

More information about these visa are on our website - https://www.workvisalawyers.com.au/services/employer-sponsored-visas.html

General-Skilled Migration (GSM) Visas

Thos who do not have an employer in Australia who can sponsor them but have an occupation in the skilled occupation list, have a positive skills assessment for their occupation and who can meet the points test may be able to apply for  a GSM visa.

The GSM visa could be the Skilled Independent visa subclass 189, or the state nominated visas Skilled Nominated visa subclass 190 or the Skilled Work Regional (Provisional) visa subclass 491.

To apply for these visas the applicant needs to be invited by the Federal government (for the subclass 189) or by an Australian state or territory for subclass 190 and subclass 491.

You can read more about these visa on our website - https://www.workvisalawyers.com.au/services/skilled-migration-189-190-489.html

Do you need help?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

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Contact Us

Phone: (08) 8351 9956 or +61 8 8351 9956

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Book an appointment - https://www.workvisalawyers.com.au/arrange-an-appointment.html

Sources:

• Department of Home Affairs website - Migration Program planning levels: https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels

• Budget 2024-25 website: https://budget.gov.au/content/documents.htm

• Migration Strategy: https://immi.homeaffairs.gov.au/programs-subsite/migration-strategy/Documents/migration-strategy.pdf

This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent (like Work Visa Lawyers) to form an informed opinion on your immigration matter.

The 403 Innovation and Early Careers Pilot (IECSEP) is a new visa introduced as part of the Australia-UK Free Trade Agreement that allows eligible UK citizens to work in Australia.

The IECSEP includes two streams: the Early Careers stream, which offers a 12-month visa, and the Innovation stream, for higher-skilled UK citizens, which provides a 3-year visa.

Successful applicants for the IECSEP Pilot will enter Australia on a Temporary Work (International Relations) subclass 403 visa under the Government Agreement stream.

Applications for both streams are currently open. UK citizens currently residing offshore or already in Australia on a valid visa can apply.

Total visas available under the IECSEP will be 1,000 in the first year, and 2,000 in the second year of operation, during which the program will be reviewed.

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Early Careers Stream:

• For individuals aged 21 to 45 with tertiary qualifications, such as diplomas or degrees.
• Work in Australia for up to 12 months.
• Must prove three months of work in your current role.

Innovation Stream:

• No age limit.
• Work in Australia for up to 3 years.
• For highly skilled and experienced innovators.
• You will need to demonstrate your contribution to innovation in Australia.

Key Details:

• Open to individuals in any sector.
• No employer sponsorship required.
• Must have a letter of offer or employment contract from a prospective Australian employer.
• Apply from offshore or while in Australia on a valid visa such as a 408 Covid visa or a Working Holiday visa.
• Family members cannot be included in the application.

The current round for the Innovation stream will close on 31st December 2024.

If you're a UK citizen interested in this visa, please contact us.

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Do you need help to apply for an Australian Visa?

If you need assistance with applying for an Australian visa, please contact us.

You can book an appointment online or call us at (+61) 8 8351 9956.

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your visa application.

Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.

Source:

Want to bring your parents to Australia as soon as possible to enjoy family life without the hassle of long-distance travel?

If you're not planning to apply for permanent residency or cannot meet the Family Balance Test, the 870 Sponsored Parent Temporary Visa could be the perfect solution!

The Australian Sponsored Parent Temporary Visa Subclass 870 allows sponsored parents to live continuously in Australia for up to 5 years, providing a new pathway for family reunion for new immigrants. This visa is available for three-year and five-year terms, and after staying outside Australia for 90 days once the visa expires, it can be renewed. This means parents can live in Australia for up to 10 years.

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Advantages of the 870 Visa

• Parents can stay in Australia for a long-term period of 3 or 5 years.
• The visa can be renewed, allowing for a cumulative stay in Australia of up to 10 years.
• Unlimited entries and exits to Australia during the validity of the visa.
• No need to pay the Assurance of Support bond (which costs over $43,600 for Contributory Parent Visas).
• No requirement for the Family Balance Test.
• No restriction on entering Australia for only 3, 6, or 12 months per visit, as is the case with tourist visas.
• 15,000 visas are issued annually.

1. Application Steps

Step 1: Sponsorship eligibility application by the child.

Step 2: Parents apply for the 870 Visa.

• A maximum of two parents can be sponsored at a time.
• After the sponsorship is approved, the application must be submitted within six months. If applying within Australia, it needs to be submitted within 60 days.

2. Application Fees (For the 2024-25 Financial Year)

• Sponsorship eligibility application fee: $420
• Three-year visa application fee: AUD 5,895 (First installment: AUD 1,180; Second installment: AUD 4,715)
• Five-year visa application fee: AUD 11,785 (First installment: AUD 1,180; Second installment: AUD 10,605)

Note: Both the three-year and five-year visas require an initial payment of AUD 1,180. The visa fee is paid in two parts, with the second part payable before visa approval.

3. Applicant Requirements

• Must be the biological parents, step-parents, or adoptive parents of the sponsor.
• Must meet health requirements.
• Must pass character checks (no criminal records).
• Must have sufficient funds during their stay in Australia.
• Must have health insurance during their stay in Australia.
• Must have no outstanding debts to the Australian government.
• Cannot work in Australia.

4. Sponsor Requirements

• Must be at least 18 years old.
• Must be the biological child, adopted child, or step-child of the applicant.
• Must be an Australian citizen, a permanent resident living in Australia for at least four years, or an eligible New Zealand citizen.
• Can sponsor a maximum of two applicants at a time.
• Must have a minimum annual income of $83,454.80.
• Must have no outstanding debts to the Australian federal government, such as Medicare debts.
• The sponsor must have sponsorship eligibility before submitting the application.

5. Important Notes

1. When submitting the 870 sponsorship eligibility application, the 870 applicant does not need to be outside Australia.

Once the sponsorship is approved, the applicant has six months to leave Australia and submit the 870 visa application from outside Australia.

The 870 visa allows for approval while the applicant is in Australia, meaning that after submitting the 870 application from outside Australia, the applicant can enter Australia on another visa and wait for the 870 visa decision while inside Australia.

           2. It's important to note that if the applicant is currently holding an 870 visa and is in Australia, they cannot apply for parent migration visas, including:

3. • 103 Parent Visa (Non-contributory)
   • 804 Aged Parent Visa (Non-contributory)
   • 143 Contributory Parent Visa
   • 864 Contributory Aged Parent Visa
   • 173 Contributory Temporary Parent Visa

To apply for parent migration, one must wait until the 870 visa expires and then apply from outside Australia.

6. Processing Time (Updated by the Department of Home Affairs in June 2024)

Sponsorship eligibility processing time:

• 50% of applications: 64 days
• 90% of applications: 4 months

870 Visa processing time:

• 50% of applications: 3 months
• 90% of applications: 7 months

Do you need help to apply for an Australian Visa?

If you need assistance with applying for an Australian visa, please contact us.

You can book an appointment online or call us at (+61) 8 8351 9956.

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your visa application.

Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.

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Sources:

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/sponsored-parent-temporary-870

Choosing the right migration path to Australia can be challenging, particularly when deciding between points-based visas like the 189, 190, 491, and employer-sponsored options such as the 482, 494 visa. This blog will explore each of these pathways, highlighting their unique benefits and why it might be wise to consider pursuing multiple options simultaneously.

Points-Based Visas VS Employer Sponsorship:

Points-Based Visas (189, 190, 491):

These visas provide pathways to work and live in Australia, often leading to permanent residency. They require applicants to meet specific criteria, including a points test, to receive an invitation to apply. Let's look at each visa:

1. 189 Visa - Skilled Independent Visa: A permanent visa that does not require sponsorship from a state, territory, or employer. This visa allows skilled workers to live and work anywhere in Australia. To apply, you need a positive skills assessment, at least competent English, and a minimum of 65 points. Higher points improve your chances of receiving an invitation.
2. 190 Visa - Skilled Nominated Visa: Similar to the 189 visa, but with the requirement of a nomination by an Australian state or territory. This visa grants permanent residency, with the condition that you commit to living and working in the nominating state or territory for 2 years.
3. 491 Visa - Skilled Work Regional (Provisional) Visa: A temporary visa for skilled workers willing to live and work in regional Australia. It requires nomination by a state or territory government or sponsorship by an eligible family member in a designated regional area. This visa lasts five years and provides a pathway to permanent residency after three years.

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Why Consider Points-Based Visas?

Points-based visas offer freedom and flexibility, allowing visa holders to live and work anywhere in Australia (for the 189 visa) or in designated areas (for the 190 and 491 visas). These visas are particularly appealing as they do not rely solely on securing a job offer from an employer, offering more personal and professional independence.

Challenges with Points-Based Visas:

While attractive, these visas come with the challenge of uncertainty. The process requires submitting an Expression of Interest (EOI) and waiting for an invitation, which is not guaranteed. If you are on a temporary visa in Australia, the waiting period may result in your current visa expiring before receiving an invitation, leaving your residency status uncertain.

Employer-Sponsored Visas:

Employer-sponsored visas offer a more predictable route if you can secure a job with an Australian employer willing to sponsor you. Here’s why they might be a good option:

1. 482 Visa - Temporary Skill Shortage (TSS) Visa: The most common employer-sponsored visa, allowing skilled workers to work in Australia for two to four years depending on their occupation list (short-term or medium-term). This visa requires a job offer from an Australian employer and compliance with specific work experience requirements.
2. 494 Visa - Skilled Employer Sponsored Regional (Provisional) Visa: A temporary visa designed for skilled workers sponsored by an employer in regional Australia. This visa can lead to permanent residency after three years, provided the visa holder meets specific criteria such as maintaining employment in the regional area. The 494 visa combines the benefits of employer sponsorship with a regional focus, making it a viable option for those looking to settle outside major cities.

Why Consider Employer Sponsorship?

If you secure an employer willing to sponsor you, you don't have to wait for a government invitation.

The employer-sponsored process gives more control over the timeline, as the company initiates and handles much of the visa application process, and you don’t need and invitation from a state or territory.

Challenges with Employer Sponsorship:

• Finding a Sponsor: One of the biggest challenges is finding an Australian employer willing to sponsor your visa.

We have a blog with some tips on how to find a sponsor in Australia. Click here to read.

• Costs and Complexity: Employer-sponsored visas involve multiple stages, including nomination, sponsorship, and visa application, making the process both costly and complex.

Should You Go for Points-Based Visas or Employer Sponsorship?

We recommend pursuing both points-based and employer-sponsored pathways. While points-based visas offer more freedom, they come with the uncertainty of waiting for an invitation.

Employer sponsorship provides a more direct route, offering job security and control over the migration process.

Balancing both options maximizes your chances of successfully migrating to Australia.

Each pathway has its benefits and challenges, and the best choice will depend on your individual circumstances, occupation, and current visa status. Consulting with a migration expert can help you make informed decisions and tailor your approach to meet your personal and professional goals.

Do You Need Help to Apply for an Australian Visa? 

If you need assistance with applying for a 189, 190, 491, 482, 494 or another Australian visa, please contact us.

You can book an appointment online or call us at (+61) 8 8351 9956.

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your visa application.

Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.

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Sources: 

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-independent-189

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-nominated-190

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-work-regional-provisional-491

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-skill-shortage-482

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-employer-sponsored-regional-494

What is Subclass 407 Training Visa?

The 407 Training Visa allows you to take part in workplace-based occupational training activities to improve your skills for your job, area of tertiary study, field of expertise or in a professional development training program in Australia.

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How may stages are involved?

The visa usually requires 3 stages: Sponsorship, Nomination and Visa Application. 

Your employer, who offers the training, can be your sponsor for the visa. It also needs to put in the nomination application for you. You will need to select the correct nomination type.

What are the differences between the three nomination types?

Nomination type 1 - Workplace-based training required for registration

The training is necessary for the trainee to obtain registration, membership or licensing in their identified occupation. The registration, membership or licensing is a mandatory requirement in their occupation in Australia or in their home country.

Pharmacist, doctors and lawyers may fit under this type.

Nomination type 2 - Structured workplace-based training to enhance skills in an eligible occupation

You will need to have an occupation from the list of eligible occupations, You can check if your occupation is eligible here: https://immi.homeaffairs.gov.au/visas/working-in-australia/skill-occupation-list

You also need to show that you have at least 12 months full-time experience in the occupation to which the training relates in the 24 months immediately before the nomination application. The experience can be both employment and study.

Most applicants fall under this type.

Nomination Type 3 - Occupational training for capacity building: to gain overseas qualifications, government support or professional development

This includes overseas qualification, government support or professional.

What do you need to apply for the visa?

Other than having a sponsor and a nomination, you also need to be:

• 18 years old or older
• Have functional English
• Be a genuine temporary entrant

Click here to read more about the 407 Training Visa. 

Do you need help to apply for the 407 Training visa? 

If you need assistance with applying for a Training Visa or another Australian visa, please contact us.

You can book an appointment online or call us at (+61) 8 8351 9956.

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your visa application.

Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.

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Sources: 

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/training-407

Starting from 1 July 2024, Western Australia introduced a new DAMA (Designated Area Migration Agreement) to provide employer-sponsored visa options in key sectors that previously lacked this opportunity. This DAMA focuses on critical industries such as health, engineering, education, and construction trades, aiming to address workforce shortages and support the state's economic growth.

The Western Australia DAMA may be especially interesting for those already working in Perth, who may not be eligible for other visas because:

• Their occupation is not on the standard list
• They are 45 years of age or older
• They cannot meet the English requirements
• They do not have enough work experience

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WA DAMA Occupation List

There are 310 occupations available on the WA DAMA including Fitter, Diesel Motor Mechanic, Registered Nurse, Truck Driver and Hotel Manager.

39 of the occupations are just for regional Western Australia. These include Teachers' Aide, Vineyard Worker, Excavator Operator, Dietitian, and Scaffolder.

You can check the WA DAMA occupation list here. 

Concessions

The Western Australia DAMA provides a lot of important concessions that are similar to those in other DAMAs.

These are concessions to:

• Age appears to be under 55 for all occupations.
• English - for some occupations 5.0 with no minimum band score, where the 482 normally requires 4.5 in each of the bands for short-term stream or 5.0 in each of the bands for medium-term stream.
• Skills requirements which are reduced for some occupations, such as Diesel Motor Mechanic to only one-year full-time experience required.
• New occupations that cannot be accessed under other programs, such as Decarbonisation Advisor.

While a lot of the other DAMAs have concession to salary, there are no salary concessions under the Western Australia DAMA. This means that employers under the WA DAMA will need to pay salary of at least the Temporary Skilled Migration Income Threshold, which is $73,150.

It’s always best to check the rules for your particular occupation on the WA DAMA occupation list.

Apply for Permanent Residency

The 186 visa is only available under the WA DAMA after working on the 482 DAMA for 3 years in Metropolitan Perth, or 2 years in Regional Western Australia.

 What are the employer requirements?

To sponsor under the WA DAMA, the employer first needs to be endorsed by Western Australia.

To get that endorsement:

1. The employer is required to show that there is no adverse information about the business, such as problems with migration, industrial relations or occupational health and safety.
2. The employer is required to register on Western Australia's special "Skilled Migrant Employment Register".
3. The employer must have been operating for more than 12 months in Western Australia.
4. The employer must have completed at least 2 job advertisements that meet the requirements, including showing the salary.

Once approved, the employer will also need to:

1. Permit skilled migrants to attend employment law information sessions
2. Provide information yearly to Western Australia government about all employees under the DAMA

This shows that Western Australia is taking a more hands-on approach with their employers than is usual in the employer-sponsored programs.

What about the DAMAs that are already in Western Australia?

Western Australia already had 4 DAMAs: Kimberley, Goldfields, Pilbara and South West. These only covered a modest area around the local area that had arranged the DAMA. The new WA DAMA covers the whole state.

WA has stated that if you are already covered by an existing DAMA, it is preferable that you use that program instead of the new WA DAMA. Only if you need concessions that aren't in the local DAMA, then you should use the Western Australia DAMA.

For example, you might be a 50-year-old secondary school teacher in the Pilbara. The DAMA there did not include that occupation, but now you could access it under the WA DAMA.

Do you need help to apply for an Australian Visa?

If you need assistance with applying for a WA DAMA or another Australian visa, please contact us.

You can book an appointment online or call us at (+61) 8 8351 9956.

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your visa application.

Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.

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Sources: 

https://migration.wa.gov.au/our-services-support/designated-area-migration-agreement

For many years, some temporary visa holders in Australia have suffered from workplace exploitation by their employers. Many of these migrant workers do not report such exploitation due a range of concerns including losing their jobs, having their employer-sponsored visa canceled, or being left without a valid visa while their case is under investigation.

In response to these concerns, the Department of Home Affairs has introduced on July 24, 2024, a new visa called the Workplace Justice Visa (Subclass 408). This pioneering initiative aims to support temporary migrants who have faced workplace exploitation.

The visa allows these individuals to remain in Australia for a designated period to address issues related to unfair treatment, such as wage theft, unsafe working conditions, unlawful wage deductions, or other forms of exploitation.

At Work Visa Lawyers, we have been advocating for a Workplace Justice Visa for several years. For instance, we called for a vulnerable person visa in a migration strategy blog published on November 21, 2022.

Click here to read more about the Workplace Justice Visa (WJV).

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What is Workplace Exploitation?

Main types of exploitation that may be covered by the Workplace Justice Visa:

• underpayment or non-payment of wages or other workplace entitlements;

• unlawful, unpaid or underpaid training or trials;

• up-front payment or deposit for a job;

• misclassification of workers as independent contractors instead of employees;

• unlawful deductions from wages;

• unfair dismissal;

• non-compliance with workplace health and safety requirements;

• bullying, in relation to work or an arrangement in relation to work;

• sexual harassment, in relation to work or an arrangement in relation to work;

• discrimination, in relation to work or an arrangement in relation to work;

• coercion, undue influence or pressure, or misrepresentation, in relation to work or an arrangement in relation to work.

Recent case of exploitation

In a recent case highlighted by the Fair Work Ombudsman, a record $15.3 million in penalties was imposed on the operators of Sushi Bay outlets in NSW, Darwin, and Canberra for the deliberate exploitation of vulnerable migrant workers. The companies involved underpaid 163 workers, primarily Korean nationals on student, working holiday, and 457 skilled worker visas, by a total of $653,129 between February 2016 and January 2020.

The workers were exploited through practices such as falsifying records to conceal underpayments, with individual amounts ranging from $48 to $83,968.

This case underscores the severe consequences for businesses that engage in wage theft and exploitation of migrant workers.

Protection against visa cancellation

A crucial aspect of this visa is the protection against visa cancellation. Migrants will not face deportation threats when they come forward to report exploitative employers, if they can meet the requirements for the Workplace Justice Visa.

Who can apply for the Workplace Justice Visa and visa duration

Temporary migrants who have experienced workplace exploitation may be eligible to apply for this visa and can stay in Australia for 6 to 12 months.

Certification requirement for the Workplace Justice Visa

To apply, migrants must obtain certification from an authorized entity or government agency. This certification verifies their claims of exploitation and the need for an extended stay to resolve these issues.

Here is the link where you can find all the entities or government agencies that can provide this certification.

Challenges of the Workplace Justice Visa

Some of the main challenges of the 408 Workplace Justice Visa include:

• Obtaining the certification of your workplace exploitation claim from a participating government agency or an accredited third party

• Holding a temporary substantive visa with work rights, with no more than 28 days remaining; or having held a temporary substantive visa with work rights that has ceased within 28 days

At present, we do not know how long it will take for the participating government agency or accredited third party to provide this certification. Since the temporary migrant can only apply for the Workplace Justice Visa when their visa is close to expiring or has already expired, this could make the process of obtaining the Workplace Justice Visa more difficult.

The Workplace Justice Visa Pilot Program represents a significant step towards ensuring fair working conditions and protecting migrant workers in Australia. It not only provides a temporary solution for those facing exploitation but also reinforces the commitment to upholding human rights within the workforce. As the pilot program is rolled out, it is expected to have a profound impact on the ability of migrant workers to seek redress for injustices they face in the workplace.

Are you being exploited and looking to apply for the Workplace Justice Visa?

Our team of experienced Immigration Lawyers and Migration Agents is ready to assist you with your visa application.

Please contact us if you need assistance with your 408 Workplace Justice Visa application. You can book an appointment online or call us at (+61) 8 8351 9956.

Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.

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Sources:

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-activity-408/australian-government-endorsed-events-workplace-justice-pilot

South Australia has officially launched its 2024-2025 General Skilled Migration program, presenting new opportunities for skilled workers looking to migrate to Australia. This program offers nominations for the 190 Skilled Nominated Visa and the 491 Skilled Work Regional Visa, targeting various professions across multiple streams.

Program Overview

For the 2024-2025 program year, South Australia has allocated a total of 3,800 visa nomination places: 3,000 for the 190 visa and 800 for the 491 visa.

This year, 464 occupations are available for onshore applicants, a slight decrease from the 503 occupations offered last year. The focus remains on attracting skilled migrants who can contribute to South Australia’s economy and community.

What Are the 190 and 491 Visas?

• The 190 Skilled Nominated Visa allows nominated skilled workers to live and work in Australia as permanent residents.
• The 491 Skilled Work Regional (Provisional) Visa is for skilled individuals nominated by a state or territory government to live and work in regional Australia. It is a 5-year visa, and applicants can apply for permanent residence after 3 years from the time the visa is granted.

To apply for either the 190 or 491 visa, candidates must be invited by a state or territory.

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Streams and Eligibility

South Australia’s General Skilled Migration program offers four nomination streams, each with specific eligibility requirements:

1. Skilled Employment in South Australia Stream:

This stream is designed for individuals currently living and working in South Australia.

Requirements:

• Occupation must be on South Australia’s Skilled Occupation List.
• Full-time employment for at least 12 months in a job related to the nominated occupation, working at least 30 hours per week.
• Must be under 45 years old.
• Valid and positive skills assessment for the nominated occupation.
• Have at least Competent English.
• Have at least 65 points in the Department of Home Affairs’ points test.

2. South Australian Graduates Stream:

This stream is designed for individuals that have studied in South Australia and are currently living and working in South Australia.

Requirements:

• Have the occupation on South Australia Occupation List. 
• Have completed at least 75% of your qualification in South Australia.
• Resided in South Australia for at least one year during studies.
• Have been residing and working in South Australia for at least the last 6 months. The employment must be full-time (at least 30 hours per week), related to the nominated occupation, and at the same skill level.
• Be under 45 years old.
• Have a valid and positive skills assessment for your nominated occupation. 
• Have at least Competent English.
• Have at least 65 points in the Department of Home Affairs’ points test.

3. Outer Regional Skilled Employment Stream:

This stream caters to those living and working in Outer Regional South Australia such as Mount Gambier, Port Lincoln and Por Augusta.

Here you can check all the post codes that are Outer Regional South Australia.

Requirements:

• Have the occupation on SA Occupation List.
• Have been employed full-time in their nominated occupation for at least 9 The job must involve working at least 30 hours per week and be related to the nominated occupation.
• Your job needs to be directly related to your nominated occupation and should match the skill level required for that occupation. For South Australian nomination, this typically means your job should fall within the same Australian and New Zealand Standard Classification of Occupations (ANZSCO) Sub-Major Group, as indicated by the first two digits of the ANZSCO code.
• Be under 45 years old.
• Have a valid and positive skills assessment for your nominated occupation.
• Have at least Competent English.
• Have at least 65 points in the Department of Home Affairs’ points test.

4. Offshore Stream:

Offshore applicants seeking to move to South Australia can also apply. The first step for these applicants is to submit an Expression of Interest (EOI) through SkillSelect, ensuring that South Australia is selected as the preferred state or territory.

How to Apply for the 190 or 491 Visa in South Australia

The first step is to submit an Expression of Interest (EOI) and a Registration of Interest (ROI) and wait to potentially be invited.

If you are interested in applying for a nomination through South Australia’s General Skilled Migration program, it is crucial to ensure that you meet the specific requirements of your chosen stream.

If you need assistance with your EOI and ROI, please contact us.

You can book an appointment online or call us at (+61) 8 8351 9956.

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your visa application.

Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.

Book an Appointment

Sources: 

https://www.migration.sa.gov.au/news-events/south-australias-2024-2025-general-skilled-migration-program-now-open

https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels