There are a few substantial differences between the medium-term stream and the short-term stream of the TSS 482 visa.

At their core, both streams are part of the same temporary, skilled, employer-sponsored visa in Australia.

Many clients have made questions whether there is a pathway of 482 Visa to Permanent Residency.

Yes, even neither stream has an age requirement, but there is an age requirement for the ENS 186 visa that could be accessed via the Temporary Residence Transition stream if you hold a Visa subclass 482 in the medium-stream. This stream is a pathway to PR from 482 visa.

The key differences of are:

• Length of stay in Australia
• English test scores required
• Genuine Temporary Entrant requirement
• Possibility for “renewal”
• Availability of PR pathway (through ENS 186 visa temporary residence transition stream)

The English “exemptions” are the same for both streams (while the test scores required are different, where an “exemption” is not available).

Have a look at this TSS 482 Occupation List to determine which stream you are in.

There are many Employer Sponsored Visas in Australia, 482 Visa is the most popular amongst those. However, each scenarios will fit in each type of Sponsored Visa. 

Please have a look at all Employer Sponsored Visas in Australia here ! Or Click here for arranging an appointment with our Immigration lawyers !

What determines the stream I am in?

With sponsored and skilled work visas, selecting the correct occupation is essential. If the wrong occupation is used, this can lead to refusal of nomination and/or visa application.

For TSS 482 visa, it is important this occupation is consistently used all the way through Labour Market Testing, nomination application, contract, visa application, work experience, skills assessment (if required).

For the TSS subclass 482 visa, you are in either the medium-term stream or the short-term stream based on your occupation. If your occupation is on the MLTSSL, then you would be in the medium-term stream. If your occupation is on the STSOL, then you would be in the short-term stream. Some occupations are on the regional-occupation list (ROL) , which has some perks of the medium-term stream (4-year visa) with some of the drawbacks of the short-term (not eligible for the 186 PR pathway).

Following New South Wales and South Australia offshore migration program, Australian Capital Territory has opened their skilled migration program for Overseas applicants under Skilled Work Regional Visa 491 and Skilled Nominated Visa 190.

Follow this link for South Australia Current Offshore requirement & New South Wales Offshore Migration overview

Let's have a look on all the eligibility guidelines for you to apply for skilled visas in ACT from overseas. 

Up to 3 years waiting to get their permanent residency approved!!

This is a true story that many of skilled migrants for General Skilled migration scheme have been waiting for ages just only to get their Permanent Residency and coming back to Australia to work.

Reporting from ABC news, Huang Yiwen has been waiting for her skilled visa 190 Approved for just over two years. As an immigration company, we are having a lot of questions from skilled migrants or Skilled workers about the processing time which is not in line with the information provided by the department of home Affairs.

"I have always taken Australia as my home" Ms Huang said. Back to the time when she was in Adelaide, South AUstralia, she was a part-time teacher for a primary school and has herself lodged application for the 190/491 skilled nominated visa. She returned to China in 2019 and is being stucked in China since then, even when the border is fully open on the 15 December 2021 for fully vaccinated temporary work visa holder. But she does not have her own temporary visa and she is waiting for her Permanent Residency approved to travel back to work in Australia.

Source: ABC

NSW STATE NOMINATION BASIC INFORMATION

NSW state nomination uses a selection-based invitation procedure so as to suitable candidates are invited by the state are satisfying the requirements of the growth in their local economy.

Please do keep in mind that Direct application is not applicable with NSW State Nomination both Offshore and onshore. In order to be nominated, you must first submit your profile in EOI Skill Select and wait for the invitation by the state to lodge.

There are different invitation rounds in NSW, with the closes date would be of January 2022 and it is held from time to time. Make sure you hit the subscribe Newsletter on our website for updates of everything in Australia Immigration. 

While held on an ongoing basis throughout the financial year, invitations rounds are not announced beforehand and don’t follow a pre-determined schedule as such.

NSW nominates candidates for the following Skilled Visa:

• Skilled Nominated visa (subclass 190): For nominated skilled workers to work and live in Australia as permanent residents. 90% of the visa applications are processed within 18 months.
• Skilled Work Regional (Provisional) visa (subclass 491): For skilled workers nominated by a state/territory government to work and live in regional Australia. 90% of the visa applications are processed within 9 months.

Other Australia visa pathways are also available for skilled professionals intending to migrate to NSW, such as – Global Talent Visa (subclass 858), Skilled Independent visa (subclass 189), Skilled Employer Sponsored Regional (Provisional) visa (subclass 494), and Employer Nomination Scheme visa (subclass 186) and TSS 482 visa.

Good news is now you can be residing onshore or Offshore to get NSW 190 state nomination with the following requirements below

Onshore:

Be currently living in NSW and –

·       have “genuinely and continuously” lived in NSW for the past three months, OR

·       be gainfully employed in NSW (long-term capacity, in nominated or closely-related occupation, for a minimum of 20 hours/week).

NSW STATE NOMINATION - OPEN FOR OFFSHORE

NSW 190: Mandatory Minimum 3 Years Work Experience requirement for Certain Occupations:

 

You may submit an ROI for NSW nomination under Stream 3 if you reside offshore.

What were the changes in the last 2 years with Global Talent Visa 858?

14/12/2020, The department passed the legislation to remove the offshore stream subclass 124 and made some major modifications to the onshore Global Talent Visa Subclass 858 application.

20/1/2021: bachelor (with Honours) and Masters graduates are no longer eligible for invitation to the GTI program by submitting those qualifications alone. It is clearly making no competitiveness at all to those PHD candidates or Research fellows and the Department of Home Affair was considering about their ability to attract the fair work High income Threshold requirements.

Also, for existing EOIs submitted on the Department website will also be applied by this change. It means, Masters Graduates or Bachelor candidates who are waiting for the invitation will no longer be accepted.

27/1/2021: The Distinguished Talent Visa was renamed the Global talent visa. The subclass and criteria remained the same.

Global Talent Visa - Australian Nominator

To get invited for a Global Talent Visa, you need to have an eligible Australian nominator. The nominator must be of a national reputation in your area of talent who is Australian Citizen; Permanent resident of Australia; Eligible New Zealand citizen and Australian organisation.

With the national reputable criteria, it clearly aims to global organization who has made global footprints in their industries or area of study; Educational Institute with strong background in researches which are globally recognised.

And a lot of people are getting their nomination from their own employer. It is strongly dependent on projects they are doing.

• Please help yourself with our quick initial GTV Assessment and Our Immigration Agents and lawyers will be in touch with you shortly. It is completely FREE !

The Department of Home Affairs has just released details of which organisations nominated the most candidates from November 2019 and the end of June 2021.

The top 10 nominators for Global Talent Visa 858 are:

The Global Talent Visa continues to be the visa everyone wants.

And why wouldn’t it be?

With fast processing, low costs, and a direct pathway to permanent residence in Australia, there are few immigration options that can compare. It isn’t easy to get though; the Global Talent Visa is for highly skilled applicants in specific target sectors. Until now, the Australian Government had provided very little information as to who would and would not qualify for the GTV, but this month the Government has released examples of exceptional and strong candidates (who were granted Global Talent Visa 858) and categories of professionals that would usually not be eligible.

Click here to learn the criteria for the Global Talent Visa

Priority status will be given to applicants who work in a designated sector. These sectors are currently:

• Resources;
• Agri-food and AgTech;
• Energy;
• Health industries;
• Defence, Advanced Manufacturing and Space;
• Circular economy;
• Digitech;
• Infrastructure and tourism;
• Financial services and FinTech; and
• Education

Let’s take a look at the successful candidates from each sector. You may notice some of the sectors (such as Defence, Advanced manufacturing and Space) have been broken down into multiple separate categories.)

Resources

EXCEPTIONAL CANDIDATES

Managing director of a technology and innovation unit of an international mining corporation with a global track record in the delivery of safe, cost effective, and complex multi-billion dollar projects.

STRONG CANDIDATES

Executive with extensive experience in subsea system development, execution and operation for a top-tier oil and gas company.

NOT USUALLY ELIGIBLE

• Site managers
• Engineers and mechanics
• Technicians and construction workers

AgriFood and AgTech

EXCEPTIONAL CANDIDATES

Director of a world-renowned research centre for livestock genetic engineering with proven results in applying research to improve the quality, productivity and efficiency across the industry.

STRONG CANDIDATES

Highly regarded and cited post-doctoral researcher in the field of robotics and automations in agriculture, with ongoing industry collaborations. 

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Farmers and agricultural technicians 
• Food safety managers 
• Chefs and cooks

Clean Energy and Renewables

EXCEPTIONAL CANDIDATES

Founder and CEO of an internationally acclaimed start-up in the research and manufacturing of innovative clean technology for heating, ventilation and air conditioning.

STRONG CANDIDATES

Senior energy transformation engineering specialist in devising solutions for new energy technologies.

Executive with expertise in the development and delivery of large energy projects.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Technicians and construction workers
• Distribution and sales representatives
• Junior or mid-level power plant or mine operations managers

Health Industries

EXCEPTIONAL CANDIDATES

Pharmaceutical executive and founder of a multi-million dollar global company dedicated to accelerating clinical trial processes by utilising a novel e-platform to track patient data. 

Renowned infectious diseases researcher and practitioner of international repute.  

STRONG CANDIDATES

Senior auditory neuroscientist with a track record of research in health technologies, leading the research and design of cochlear implant technology.

Biomedical engineer with expertise in medical application of polymers, biomaterials and delivery platforms.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• General practitioners
• Retail pharmacists
• Dentists
• Physiotherapists
• Nurses
• Veterinarians 
• Aged care workers

Defence

EXCEPTIONAL CANDIDATES

Business director of an international organisation renowned for testing, inspecting and certifying defence vessels and equipment.

STRONG CANDIDATES

Senior technology manager of a globally renowned aeronautical research and development centre leading multiple portfolios on defence products.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Soldiers and sailors 
• Junior officers

Advanced Manufacturing

EXCEPTIONAL CANDIDATES

A leading researcher in micro and nano electro-mechanical systems that owns multiple patents.

Chief technology officer of an internationally acclaimed manufacturer of sensors for electronic devices in the healthcare, robotics, and digital manufacturing sectors.

STRONG CANDIDATES

Senior data scientist specialising in designing machine learning algorithms and neural network models, with experience in commercialising artificial intelligence projects for automotive and intelligent devices. 

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Engineering technicians 
• Machine operators
• Draftspersons
• Sales and administrative managers

Space

EXCEPTIONAL CANDIDATES

Renowned space industry leader with vast experience specialising in space systems engineering.

Head engineer of avionics and software at a leading rocket company that is developing new orbital launch vehicles and technologies for foreign space agencies.

STRONG CANDIDATES

A space policy specialist with extensive experience collaborating between government and the industry.

Post-doctoral astrophysicist with a sustained record in collaborative research, with a number of space agencies.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Engineers and mechanics who do not lead ground-breaking projects

Circular Economy

EXCEPTIONAL CANDIDATES

Managing director of a technology and innovation unit of an international mining corporation with a global track record in the delivery of safe, cost effective, and complex multi-billion dollar projects.

STRONG CANDIDATES

Executive with extensive experience in critical mineral development, execution and operation for a top-tier company.

A leading researcher with expertise in heat and mass transfer, phase change and metallurgical transformation in high temperature systems.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Site managers 
• Engineers and mechanics
• Technicians and construction workers

DigiTech

EXCEPTIONAL CANDIDATES

Founder and/or inventor of deep technology IP associated with digitech.

Expert in human-centred design and design thinking, experienced in designing sites, apps and online optimization strategies for high end IT firms.

Chief Information Security Officer driving intiatives in virtualization, Cloud, Internet of Things and cybersecurity across entire corporations.

STRONG CANDIDATES

Entrepreneur of an award winning video games developer company that has developed a number of original titles target at wide ranging international audiences.

Researcher and expert in software, platforms, game engine and AR/VR/XR tech including exemplary coders.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Business analysts, developers and ICT consultants without international experience.
• ICT support centre managers.

Infrastructure

EXCEPTIONAL CANDIDATES

Chief operating officer of a national freight company with expertise in large scale and complex interstate railroading operations.

Chief commercial officer of a commercial airline with a global reputation in developing new aviation business models. 

STRONG CANDIDATES

Internationally recognised expert in railway operations, instrumental in the success of multiple large-scale, government led railway and transport infrastructure projects in a number of countries.

Managing director of an innovative company known globally for sports products and infrastructure for international championships including the Olympic Games.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Engineers
• Mechanics
• Draftspersons

Tourism

EXCEPTIONAL CANDIDATES

Chief commercial officer of a commercial airline with a global reputation in developing new aviation business models.

STRONG CANDIDATES

Managing director of an innovative company known globally for sports events and international championship events.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Tour guides, travel agents and hospitality workers
• Taxi and rideshare drivers

Financial Services and FinTech

EXCEPTIONAL CANDIDATES

CEO and founder of a digital asset and financial services enterprise, globally recognised for their outstanding innovation through successful application of business models and technology.

STRONG CANDIDATES

Executive of a multinational corporation operating in global financial ICT strategy consulting, artificial intelligence and cloud strategy development, risk and insurance market operations, or global financial services operating models.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Traditional bankers (except c-suite executives for major financial institutions)
• Retail bankers
• Accountants and account managers
• Financial advisors
• Stockbrokers
• Insurance brokers and sales managers
• Chief financial officers (unless a leader in a priority sector)

Education

EXCEPTIONAL CANDIDATES

An executive with a track record in setting up university centres abroad, with expertise in establishing global collaborations and partnerships across government, academia and research.

Renowned level E academic and winner of prestigious prizes. 

STRONG CANDIDATES

Senior technology manager of a globally renowned aeronautical research and development centre leading multiple portfolios on defence products.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Researchers and academics at Australian academic levels A to C or their international equivalents, in fields other than education or pedagogy
• School teachers 
• Specialist teachers
• School administration staff

Is This You?

If you fit into any of the above categories, you could be an excellent contender for an Australian Global Talent Visa. Contact Work Visa Lawyers today to see if you have a shot at the country’s most sought after visa.

Author

Chris Johnston, Founder and Principal Lawyer at Work Visa Lawyers

Sources:

https://www.globalaustralia.gov.au

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.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

You can also subscribe our Facebook: WORK VISA lawyers

Disclaimer

This information is correct at the time of publication but is subject to change without notice.  All information provided on this page is provided for purely educational purposes and does not constitute legal advice.  For advice on your situation, please speak with an Immigration Lawyer or a Registered Migration Agent.

Picture this: you've been living in Australia for the last 10 years with your wife and child. You had a criminal history in your home country, but you moved away to get a fresh start and put that life behind you. You're here on a genuine visa and you're earning your keep by legitimate means. But then you get a notification from the Department of Home Affairs saying your visa has been cancelled due to "character grounds", and you have 9 days to lodge an appeal or you must leave the country. What are you going to do?!

Section 501 of the Migration Act 1958 gives the Minister for Home Affairs, or their delegate, the right to refuse or cancel a visa if they are satisfied that the visa holder does not pass the "character test". In addition, Subsection 501(3A) imposes an obligation on the Minister to cancel a visa if an applicant/visa holder fails the character test for specific reasons- which means if you tick the right boxes, the Minister must cancel your visa.

These laws have only recently been put into place but they apply retrospectively. This means that even though the law didn't exist when you moved to Australia and got your visa, it applies to you now. And that's how people find themselves in very difficult situations like in the example above.

What is the Character Test?

The character test is set out in Subsection 501(6) of the Migration Act and it lists a number of reasons for which a visa can or should be cancelled. The list is long, but it includes:

• having a substantial cirminal record
• having committed sexually based offences against a child;
• having committed offences while in or escaping from immigration detention;
• being involved in people smuggling or slavery; or
• being part of a criminal organisation (such as the mafia).

In our experience, the most common reason for cancellation of refusal is though incurring a "substantial criminal record".

Substantial Criminal Record

The Migration Act says a person has a "substantial criminal record" if they have been (and this is not an exchaustive list):

• sentenced to a term of imprisonment of 12 months or more;
• sentenced to death; or
• found unfit to stand trial, and has been retained in a facility or institution.

What Can You Do About a Visa Refusal or Cancellation for Character Reasons?

Refusal or cancellation decisions are appealable to the Administrative Appeals Tribunal. The tribunal is required to make a decision on the appeal within 84 days of the applicant being notified of the refusal/cancellation.

Just as with the Minister, the tribunal is required to weigh up the facts that arise in the matter with respect to Ministerial Direction 90, as follows:

Primary considerations:

• Protection of the Australian community from criminal or other serious conduct;
• Whether the conduct engaged in constituted family violence;
• The best interests of minor children in Australia;
• Expectations of the Australian community.

Other considerations:

• International non-refoulement obligations (not sending you back to a country where you will be persecuted);
• Extent of impediments if removed (how badly you would be affected by it if you are sent home);
• Impact on victims; and
• Links to the Australian community, including:
  1. Strength, nature and duration of ties to Australia (such as family, friends and community); or
  2. Impact on Australian business interests.

As you can see, Ministerial Direction 90 provides ample opportunity for a lawyer to develop an appeal argument. The tribunal’s decision ultimately turns on the weight it assigns to each consideration and whether it feels the positives outweigh the negative aspects of an applicant’s situation.

In our experience it is important to recognise an appeal’s strengths and weaknesses and focus submissions accordingly. For example, if an applicant has an extensive criminal record there is no value in trying to argue that they don’t. Instead, it is important to acknowledge it and provide an explanation and context for that offending as well as emphasising the positive aspects of their situation – such as family, cultural, or business ties to Australia. The discretion granted to the tribunal offers applicants the opportunity to put their best foot forward.  

Timing

Appeals of Section 501 refusals and cancellations are time sensitive processes, given that the tribunal is required to hand down a decision within 84 days. As such, it is important to be organised, focused, and strategic in where to focus your energy. Do not waste time!

If you do find yourself facing a section 501 refusal or cancellation you need to speak to an experienced immigration lawyer immediately to understand your options. Work Visa Lawyers is happy to discuss your options further, provide an assessment of the strengths and weaknesses of your case, and give you an indication of whether we consider there to be sufficient grounds to lodge an appeal.

Make an appointment now if you need help on a visa refusal/cancellation appeal.

Author:

Lochlan Reef MacNicol, Lawyer & Registered Migration Agent at Work Visa Lawyers

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.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

You can also subscribe our Facebook: WORK VISA lawyers

Disclaimer

This information is correct at the time of publication but is subject to change without notice.  All information provided on this page is provided for purely educational purposes and does not constitute legal advice.  For advice on your situation, please speak with an Immigration Lawyer or a Registered Migration Agent.

On 25 November 2021, the Department of Home Affairs announced some much anticipated changes to the Graduate Visa program - 485 Graduate Visas are going to be extended, at last! 

The announcement comes as a huge relief to those who were granted Temporary Graduate Visas but rhwen stranded outside of Australia during the Covid pandemic. It has taken months of campaigning but finally the Australian Government is establishing a concession to allow them to get the time in Australia they deserve.

It is estimated there are more than 30,000 people who could benefit from these changes.