From Working Holiday Visa to Partner Visa and now an Australian business owner. Vini talks about how Work Visa Lawyers helped him with his migration journey to Adelaide, South Australia.
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With news of China’s new laws for Hong Kong amid riots in Hong Kong, the Australian Government has acted to extend additional visas to Hong Kong passport holders to remain in Australia. These new measures are designed as a part of Australia’s overall skilled visa program, attracting and retaining talent from around the world.
BREAKING NEWS
The Australian General Skilled Migration program has closed indefinitely.
***LATEST UPDATE 14 July 2020***
The Global Talent Independent (GTI) visa is an easy pathway to Australian permanent residency for those that can qualify. Often, potential GTI applicants will have met all of the requirements but are unable to find a nominator. One of the most common barriers that GTI applicants may encounter, especially offshore applicants, is locating an Australian person or organisation to nominate them. As the national body for the ICT sector, the Australian Computer Society (ACS) is willing to provide nominations for GTI applicants.
Click here to learn the criteria for the Global Talent Visa
One of the requirements of a GTI visa is for the applicant to be nominated by an Australian person or organisation who has a national reputation in the same field as the applicant. For many offshore GTI applicants, this requirement may be difficult especially when they have not had the chance to network with people in their field.
The Australian Computer Society (ACS) has recently indicated that they will be providing nominations for some applicants for the GTI visa program.
They are focused on the following target sectors:
The cost for this service is currently set at AUD $500, to account for time spent assessing the candidate.
They are open to nominating applicants who are both overseas or in Australia.
ACS Nomination Process
Step 1: Lodge an Expression of Interest with the Department of Home Affairs.
Step 2: If eligible, the Department of Home Affairs will provide a Global Talent Identifier number.
Step 3: Send your CV to ACS with an explanation of your relevant qualifications, skills and experience in one of the sectors above.
Step 4: If suitable, ACS will progress your application and ask for the nomination fee. Further information may be requested. You may need to attend an interview with ACS.
Step 5: ACS will complete the nomination form and provide you with a nomination letter for the visa application.
The ACS will be nominating candidates who can show they will be an asset to their industry in Australia. This will be an advocacy driven process, in a similar way to the GTI visa program as a whole. Therefore it is important that any submissions for a nomination from ACS will demonstrate the applicant's skills and expertise in their relevant field.
How can Work Visa Lawyers help?
Work Visa Lawyers can help you with all steps in the Global Talent visa application process, including with applications for nomination from the ACS.
Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.
Contact us on (08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.
Book an appointment with one of our experienced Immigration Lawyers and Registered Migration Agents here.
Early in June 2020, the Government announced a new program to stimulate the building industry. HomeBuilder is a time-limited, tax-free grant program to help the residential construction market to get through the Coronavirus pandemic.
What is HomeBuilder?
HomeBuilder provides eligible owner-occupiers (including first home buyers) with a grant of $25,000 to build a new home or substantially renovate an existing home. HomeBuilder will assist the residential construction market by encouraging the commencement of new home builds and renovations. Contract for construction or renovations must be executed between 4 June 2020 and 31 December 2020.
The program applies to:
- Building a new home (max house and land total value of $750,000)
- Renovations to owner-occupaied homes (must be substantial renovations costing $150,000 to $750,000)
Construction must commence within three months of signing the building contract.
Who is eligible for HomeBuilder?
To be eligible, you must:
- Be 18 years or older
- Be an Australian citizen
- Have FY2019 taxable income of up to $125,000 for singles or max $200,000 for couples
Can permanent residents get HomeBuilder?
Unfortunately, Australian temporary residents and Australian permanent residents are not eligible to take part in the program.
A number of groups have expressed frustration with this and highlighted that such residents would still assist in contributing to the building industry as much as Australian citizens.
Many temporary and permanent residents are first home buyers and were especially interested in the HomeBuilder grant to build their first homes or to renovate rundown properties to live in. In particular, many people are questioning the exclusion of permanent residents for this stimulus package when they are eligible for other government benefits such as Medicare, JobKeeper and JobSeeker.
What if a permanent resident jointly owns a home with an Australian citizen?
The HomeBuilder is only open to Australian citizens. Eligible owner-occupier(s) must be listed on the property’s certificate of title, and they must meet the eligibility criteria of the program. Permanent residents are not eligible for the HomeBuilder.
How long will the program run?
The program will only run from 4 June 2020 to 31 December 2020.
To be included, your contract must be signed between those dates and construction/rennovation work must commence no more than 3 months after that.
If you are considering taking advantage of the HomeBuilder program, it is a good idea to check the latest available information and discuss your circumstances with a financial professional as relevant.
The above information is provided for general information only and is not tailored to your circumstances.
Do you need help?
At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Partner Visas, Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.
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.
Sources
https://treasury.gov.au/coronavirus/homebuilder
https://treasury.gov.au/sites/default/files/2020-06/Fact_sheet_HomeBuilder.pdf
https://treasury.gov.au/sites/default/files/2020-06/HomeBuilder_Frequently_asked_questions.pdf
On 15 June 2020, the Senate passed the Migration Amendment (Regulation of Migration Agents) Bill 2019. This means that unrestricted legal practitioners will be able to provide immigration advice to clients without having to be registered as a migration agent.
Currently, all legal practitioners must be registered with the Office of the Migration Agents Registration Authority (OMARA) as well as hold practising certificates through their state legal boards. This means that they are subject to two sets of professional regulatory regimes. The deregulation of legal practitioners operating in the migration advice industry will allow for any legal practitioners to provide migration advice.
Until the Bill becomes law, lawyers are still required to be registered with the OMARA to be able to provide migration advice.
The Migration Amendment (Regulation of Migration Agents) Act 2020 received Royal Assent on 22 June 2020. The final version of the Act is yet to be released.
Schedule 1 of the Act specifies that it will become unlawful for legal practitioners with Unrestricted Practising Certificates to be registered as Registered Migration Agents from the date made by proclamation, or nine months after the day after the Act received Royal Assent (ie 23 March 2021), whichever is earlier .
Although there is quite an amount of work involved in OMARA changing its internal systems, the changes may occur before the 23 March 2021.
Lawyers vs Registered Migration Agents
With the passing of this Bill, all lawyers will be able to complete work typically done by Registered Migration Agents.
Migration is a complex area of law that is constantly changing. It is important that advice is sought from experienced immigration lawyers or registered migration agents. Having experience in the field of immigration, they will be aware of current regulations and policies relating to various visa subclasses.
While immigration lawyers and registered migration agents can both provide migration advice, visa application assistance and appeals to the AAT, only lawyers can assist with judicial review at the Federal Circuit Court.
At Work Visa Lawyers, we have a team of Immigration Lawyers and Registered Migration Agents. We can help you with all aspects of your visa application and appeal.
Which is Better? Lawyers or Registered Migration Agents
When it comes to migration advice, it is not about the title held but more so the person's experience in the field. It is important that you seek migration advice from a professional who has expertise in the visa subclass that you are applying for. Within the field of immigration, there are varying expertise on a range of visas, such as partner visas, skilled visas or employer-sponsored visas. Our team at Work Visa Lawyers have experience in all areas of migration and would be happy to assist you.
There are a few ways to determine the previous experience of a lawyer or an RMA:
Years of Practise
To check how long your RMA has been registered for, search their name on the Register of Migration Agents on OMARA. All of our RMAs are registered with OMARA.
To check when your Lawyer was admitted to practise law, search their name on the Register of Practising Certificates in the relevant state legal board. In South Australia, this will be the Law Society of South Australia. All of our Immigration Lawyers hold valid certificates to practise law in South Australia.
Chris Johnston, the founder of Work Visa Lawyers, has been working in the Immigration field since 2006.
Testimonials
Reviews and testimonials from previous clients will give you an idea about their experience in the field.
You can read more about our happy clients on our Testimonials page.
The dynamic arising from the Lawyer Deregulation Bill may create conflict within the migration advice industry. With both Lawyers and RMAs operating under distinct sets of Professional Conduct Rules, there is a lack of regulation to govern two sets of professions working in the same field.
Do you need help?
At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Partner Visas, Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.
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.
Sources
****UPDATE 18 June 2020***: NSW has removed the minimum period of residence and the working requirements for state nomination. The application deadline has also been extended to 5pm Friday 26 June 2020.
For the first time since the Skilled Work Regional (Provisional) visa (Subclass 491) visa was announced in November 2019, NSW is finally accepting nomination applications for this subclass. NSW Treasury will begin accepting nominations for 491 visa for a limited time. Read more to find out how to apply!
Applications opened on Monday 15 June 2020 and will close at 5pm on Tuesday, 23 June 2020. The application deadline has been extended to 5pm Friday 26 June 2020.
Applications will be assessed by the end of the financial year; Tuesday 30 June 2020.
There are many visa applicants who have received a visa refusal and then appealed the decision to the Administrative Appeals Tribunal (AAT) for merits review, only to find that the AAT did not find in the applicants’ favour. If the AAT has affirmed the Department of Home Affairs’ decision to refuse your visa and you believe that an error was made in reaching this decision, you may be able to apply for a judicial review.
The Global Talent Independent visa has attracted a lot of attention as it is the first of its kind in Australian immigration. There are 5,000 available places per year.
The global talent visa program is a new initiative by the Department of Home Affairs to attract highly skilled workers from target sectors to Australia.
This visa is a fast-track to Australian permanent residency and will be a great visa pathway for high achievers around the world. The government hopes that the work of these individuals will provide a boost to the Australian economy.
This is an older article. Click here to learn the criteria for the Global Talent Visa
If you think you are eligible to apply for a Global Talent Visa, take 5 minutes to complete our free online Global Talent assessment form.
Our lawyers and registered migration agents will assess your eligibility and get back to you.
As Australia tries to restart the economy post-pandemic, the Morrison government will reset the permanent migration cap in its October budget. Acting Immigration Minister Alan Tudge wants to use the newly launched Global Talent Independent program to attract 5,000 of the world’s most talented high-tech migrants each year, with fast-tracking to Australian permanent residency.
This is an older article. Click here to learn the criteria for the Global Talent Visa
If you think you are eligible to apply for a Global Talent Visa, take 5 minutes to complete our free online Global Talent assessment form.
Our lawyers and registered migration agents will assess your eligibility and get back to you.
The Australian Government recently announced three new visas for innovation:
- Global Talent Independent (GTI)
- Global Talent Employer Sponsored (GTES)
- Supporting Innovation in South Australia (SISA)
The Global Talent Independent visa, in particular, has attracted a lot of attention as it is the first of its kind in Australian immigration.
While applications for many other visa subclasses have stagnated during COVID-19, the GTI visa continues to be processed. This is consistent with Ministerial Direction no. 85, signed by Immigration Minister David Coleman in November 2019. Direction no. 85 enables the Department of Home Affairs to give priority processing for the Distinguished Talent cohort (subclasses 124 and 858) to “support the responsive processing of applicants that are identified as highly desirable by Government.”
The GTI program uses the Distinguished Talent subclass 858 and subclass 124 visas, but provides a new pathway to these by invitation.
The program targets highly talented people in the agricultural, financial, mining and medical technology, cyber security and advanced manufacturing sectors. Applicants must have the ability to attract a salary above the Fair Work income threshold, which is currently at AUD $148,700. Recent high achieving PhD or Masters graduates in the target sectors may also be eligible. To read more about the requirements, read our article here.
Information obtained under Freedom of Information laws show that 227 visas had been granted under the GTI program as of January 2020. With the forecast of an 85% drop in net overseas migration for the 2020-21 program year, migration through the GTI program is likely to be the most accessible for those who can meet the criteria.
In this article, we discuss the GTI program in comparison to various employer-sponsored visas and its implications on regional migration and labour industries.
Why the Global Talent Independent Visa?
Launched in November 2019, the Global Talent Independent program aims to attract highly-talented candidates who are at the top of their field in high growth industries. To entice these talented candidates, the Australian Government have designed the GTI program with the follow key features:
- Priority processing, with decisions being made from one week to two months.
- Permanent residency straight away
- No age limit
- Free to work for any employer
- No sponsorship requirements
- No SAF levy to be paid
- Access to Medicare and other government benefits
Global Talent Visa as a substitute for Employer-Sponsored Visa
Problems with Employer-Sponsored Visas
A number of changes to employer-sponsored visas over the last four years have made employer-sponsored visas very unattractive for employers and difficult for applicants to meet the requirements. While it has been very difficult to get figures in relation to what’s been happening in this space, it is clear that the number of employer sponsored visa applications is slumping and will continue to decline with the effects of COVID-19 and recent bushfires.
The changes to employer sponsored visas have been well documented and there have been many submissions made by peak bodies including the Migration Institute of Australia ('MIA') in relation to the many deficiencies of the employer sponsored visa scheme. Read more about the MIA's submissions to the Inquiry into Regional Migration, here.
The key areas of problems include:
- The Skilling Australia Fund (‘SAF’) levy has made it very expensive for employers to sponsor workers.
- The work experience requirements are very difficult for prospective migrants to meet. The current work experience requirements are:
- two years post-qualification experience for the Temporary Skills Shortage 482 visa
- three years full time experience for the Skilled Employer Sponsored Regional 494 visa
GTI Substitute for Employer-Sponsored Visas
The Global Talent Independent Visa is being used by many employers to nominate highly paid positions that otherwise would have been nominated through employer-sponsored migration. By doing this, employers can avoid paying the expensive SAF levy while still being able to access highly skilled employees. The problem with this is that rather than attracting new global talent, as the GTI program was designed to do, the positions are being filled by those that are already being targeted by employers.
This means that some of the global talent independent program figures may effectively be just a few shifting numbers from the employer-sponsored migration space into the space of global talent migration, and not actually attracting new talented migrants who would not have otherwise come to Australia.
Global Talent Independent Visa vs Regional Migration
The Department of Home Affairs have been promoting regional migration in response to congestion in Australian metropolitan cities such as Sydney and Melbourne. However the regional visas put forward by the Department of Home Affairs have not proven to be as easy for applicants to access as would have been desired.
In particular, the Skilled Employer Sponsored Regional 494 visa has had very little uptake due to the reasons outlined above in the employer-sponsored migration section.
The limitation of the GTI visa, and arguably one of its attractive factors, is that it is not linked to regional areas. This means that those who are granted a GTI visa are likely to cluster around Australia’s most populated cities.
Global Talent Independent Visa vs Trades and Agricultural Labourer Positions
The Global Talent program focuses on high-tech related and highly paid skills sets. This is a positive and there are definitely some shortages in relation to such highly skilled tech-related positions. However the most consistent areas of shortages are not in relation to high-tech positions, but are in trades and also agricultural labouring positions.
Trade Occupation Shortage
There have been consistent shortages in relation to trade occupations such as electricians and diesel mechanics. These shortages are reflected by the fact that these occupations I consistently on the medium-term (long-term) skill shortages lists for migration purposes. You will also find that many states do not add any extra conditions for sponsoring these occupations, whereas Degree level and often management focus positions often require many additional requirements to meet state sponsorship.
Agricultural Labour Shortage
The shortage of Australian agricultural labourer positions is well documented over many decades. This gap has been partially field by the Pacific Islander and also backpacker visas. However the need to address the low wages and seasonal nature of this work has never really been addressed by the Federal Government. As a result, there is a consistent and ongoing shortage in this area.
The shortage in this area is set to increase over the next couple of years, as the effects of the Coronavirus will stop the constant flow of backpackers that have been coming to Australia up until recently. The number of backpackers that are already in Australia will not be sufficient to complete all the work and their incentive to keep doing the job is decreasing over time. This is an article for another day, but there is an argument for the introduction of a government subsidised and regulated base level wage for agricultural labour during the Coronavirus times. Such a move would decrease the dependence on foreign labour which is currently almost impossible to access. It would also provide more stability for the sector and allow people to live in regional areas, bringing great economic benefit to these regional areas.
Global Talent Independent Visa in 2020-2021 – Opportunity for Permanent Residency
The Global Talent Independent Visa is the most successful of the three visas for innovation. The opportunity to attract global talent has been increased by the COVID-19 pandemic. This is due to the global increase in unemployment rates as a direct impact of the COVID-19. Prior to the global pandemic, these highly-skilled candidates might not have been looking to migrate to Australia. With the Coronavirus under control, Australia has become an even more attractive destination compared to other nations where COVID-19 has proliferated.
Minister Tudge hinted at the potential development of the GTI program as an integral part of the Australian migration program for the 2020-21 migration year, post-pandemic.
More Information on the Global Talent Programs
If you are interested in finding out more about visas under the the Global Talent program, read more here:
- 3 Visas for Innovation - Global Talent Visa Program: https://www.workvisalawyers.com.au/news/all/the-global-talent-visa-program.html
- Global Talent Independent: https://www.workvisalawyers.com.au/news/all/why-the-australian-global-talent-independent-visa-is-so-hot-right-now.html
- Global Talent Employer-Sponsored: https://www.workvisalawyers.com.au/news/all/new-global-talent-visa-as-part-of-tss-482-to-attract-entrepreneurs-to-australia.html
- Supporting Innovation in South Australia (SISA): https://www.workvisalawyers.com.au/news/all/new-south-australian-entrepreneur-visa-processing-times-requirements-checklist-supporting-innovation-in-south-australia-sisa-subclass-408-temporary-activity-visa.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.
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.
Sources:
https://www.workvisalawyers.com.au/news/all/the-global-talent-visa-program.html
https://www.pm.gov.au/media/press-conference-australian-parliament-house-act-1may20
If you wish to keep up to date with Work Visa Lawyers' coverage on the COVID-19 impacts on Australia’s immigration policy and current visa programs, read our rolling news blog here.
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