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After months of campaigning the Australian Federal Election was run and won on Saturday, with the Liberal and National Party Coalition led by Prime Minister Scott Morrison being returned to government. What does this mean form Australia's immigration program going forward?
Australia is facing a shortage of teachers in the medium to long term because of both the retirement of existing teachers and a general demand for teachers in specific locations and subject matter areas.
The South Australia government has released new details on the state's Designated Area Migration Agreement (DAMA), including the list of eligible of occupations.
DAMAs assist employers in filling skilled and semi-skilled positions which are facing a labour shortage in a designated area. A DAMA offers greater access to occupations and concessions on other criteria when compared to the standard Temporary Skill Shortage subclass 482 visa. Applications under the SA DAMA are also afforded priority visa processing with the Department of Home Affairs.
Applications under the SA DAMA will commence in early July 2019.
The SA DAMA will come under two separate agreements, each with their own list of eligible occupations and concessions available:
The full occupation list can be viewed here.
The full occupation list can be viewed here.
It is important to note that not all concessions apply to every occupation. You will need to check your individual occupation on the list to see which apply. There are also several occupations listed that have no concessions available and are already eligible for the standard subclass 482 visa. In these cases it may not be necessary to apply under the DAMA , however priority processing will still be an advantage over the standard subclass 482 visa.
Occupation inclusions
The SA DAMA includes several popular occupations that will be of great interest to employers and prospective migrants. Some examples are:
There are also a number of occupations included in the SA DAMA that are not on any other skilled occupation list. Below are some examples listed by the industry they will directly benefit:
Agriculture
Healthcare
Mining and Construction
Film and Gaming
Hospitality and Tourism
Note: * denotes that the occupation is not listed in ANZSCO and has been identified by the SA government.
Skills and experience
An applicant for the standard subclass 482 visa must hold the relevant skills assessment for the nominated position, however under certain occupations in the SA DAMA this will not be required. Currently only lower skilled occupations are eligible for this concession (ANZSCO skill level 4). Further details on whether there will be any concession to the two years of work experience requirement are not yet available.
Temporary Skilled Migration Income Threshold (TSMIT)
The TSMIT which applies to the standard subclass 482 visa is currently set at AUD53,900 per annum. Under the SA DAMA concession, the TSMIT can be reduced by up to 10%, which indicates a minimum salary of AUD48,510 per annum. This amount is more closely aligned to award rates, particularly in trade occupations.
English
The standard subclass 482 visa has an English language requirement equivalent to an IELTS overall band score of at least 5.0 with a score of at least 5 in each of the test components. The English concession available under the SA DAMA for certain occupations is equivalent to an IELTS overall band score of at least 4.5 with at least 4 in each of the test components.
Age
While the standard subclass 482 visa does not have any age requirements, applicants accessing permanent residency via the standard Employer Nomination Scheme subclass 186 visa must be less than 45 years of age. The SA DAMA includes an age concession that extends this to 50 or 55 years of age for selected occupations to facilitate permanent residency.
This concession is major advantage to those workers in the 45-54 age bracket who now have a much more promising pathway to permanent residency.
Pathway to permanent residency
The SA DAMA offers a pathway to permanent residency through the Employer Nomination Scheme subclass 186 visa for a majority of the occupations listed. However full details of the requirements to qualify for permanent residency via this process are still to be provided. It is also important to note that the occupation must still be on the list at the time of the permanent residency application.
It is expected that applicants will need to hold the 482 visa for at least three years before being eligible for permanent residency. So even with some age concessions in place, applicants will need to consider what their age will be at the time of lodgement for permanent residency. For example, if there is a permanent residency age concession of up to 50 years of age, but if the applicant is 48 when they are granted the 482 visa, they will not be eligible to apply after three years having turned 51.
At this early stage, it is expected that a DAMA application will take at least three months. This includes around one month to be endorsed by the state government and around two months to receive a standard employer sponsorship approval. Once applications commence, we will have a better understanding of how long the process takes, but it is reasonable to say that a DAMA will not be able to address an employer's urgent need for staff.
What does this mean for industry and employers?
The SA DAMA provides a range of benefits to South Australia industries and employers. Of particular note are industries such as film and gaming, hospitality and tourism, agriculture, mining and construction, and the healthcare sector. In particular, several occupations that are otherwise not available for skilled migration have been included meaning that employers will now be able address these skills shortages. The TSMIT concessions will benefit employers in regional areas and bring salaries closer in-line with award rates for trade occupations.
In the development of the SA DAMA, industry and employers were able to provide input into the occupation list and concessions. It is positive to see that many aspects of the submission by the Migration Institute of Australia (SA Committee) have been adopted, particularily around the expansion of occupations available in the agriculture, construction and mining sectors.
What does this mean for employees and graduates?
The concessions provided in the SA DAMA, particularly around age and pathways to permanent residency, means that people will have more opportunities to stay in South Australia. Whether any work experience concessions will be available, a requirement that is otherwise difficult for international graduates to achieve, are yet to be made available.
Overall, the SA DAMA provides more opportunities for skilled migrants to work and settle in South Australia.
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.
The permanent, employer-sponsored Regional Sponsored Migration Scheme (RSMS) subclass 187 visa has generated lots of attention recently for a few reasons.
The Australian government recently announced that reciprocal Work and Holiday arrangements between Australia and Greece will commence from 1 July 2019. Up to 500 places annually will be available in each country for young Australians and Greeks aged 18 to 30.
Greek nationals will be able to holiday, work and study in Australia for up to 12 months utilising the subclass 462 visa. There is also the possibility for a further two extensions if undertaking specified work in regional areas, taking the total duration to three years.
Specified work currently includes roles in the agriculture, mining and construction industries. The good news is that Adelaide is the largest capital city included in the definition of regional Australia, with the whole of South Australia eligible.
The basic requirements for subclass 462 visa applicants include holding or studying towards a tertiary qualification and having a functional level of English. Further information on eligibility requirements is available from the Department of Home Affairs website.
Australians will also be able to work and holiday in Greece for up to 12 months, with further eligibility details yet to be provided.
If you have friends or family that might be interested, it is advised that they prepare their applications now in readiness for the 1 July 2019 launch. If you require any assistance in applying for the Work and Holiday visa or any other visa, please contact Work Visa Lawyers on (08) 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it..
The following scenarios are common:
Tourist visa holders are commonly caught by immigration officials for failing to declare their intentions for their visit or for bringing hazardous materials into Australia.
Recently, any visitor visa holder who breaches Australian biosecurity laws will have their visa cancelled and may be detained in immigration detention pending their removal from Australia. The cost of this removal will be met by the non-citizen.
Your visa will be automatically cancelled if you meet the following criteria:
1. You are not a citizen of Australia; AND
2. you are currently serving a sentence of imprisonment in a custodial institution, on a full time basis for an offence against a law of the Commonwealth, State or Territory; AND
OR
An Australian visa can only be cancelled by the Department of Home Affairs or the visa holder writing to the Department to cancel their current visa. Any other third party cannot cancel your current visa.
You may receive a warning letter advising you that your visa may be cancelled. This is known as Notice of Intention to Consider Cancellation. If you receive this notice, you may choose to respond. As this notice is already a warning, it is best you seek legal advice upon first receiving this notice.
If you respond to the Notice and the Department accepts your response, then you will continue to hold a visa. If the Department does not accept your response or you do not respond then a Notice of Cancellation notice will be sent to you either by Post, Email or in Person.
Once a Notice of Cancellation is received by you, it means you no longer hold a valid visa and you are considered unlawful. However you can appeal the decision in the Administrative Appeals Tribunal. During this time, you may be transferred to an immigration detention facility because you do not hold a visa.
If your visa is cancelled automatically because of your criminal history then you will have 28 days from the date of the notice to request that the Minister reconsider the cancellation and revoke the decision.
You must make sure that your response reaches the Department in time. You must complete the Request for Revocation of a Mandatory Cancellation Under 501(3A) form within 28 days. Supporting evidence should also be given to support your claims in accordance with Ministerial Direction 79.
Cancellation decisions will, as a consequence, lead to any un-decided visa applications or visas held also being refused or cancelled. Any bridging visa you hold associated with a visa application will also be cancelled.
Data from the Department of Home Affairs shows that over a 12 month period there were 888 visa canceallations on character grounds alone. New Zealand nationals represented the greatest share of visa cancellations, however they also have the greatest representaion amongst visitor visa holders overall.
Source: Department of Home Affairs
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.
In positive news for international students in regional Australia, which includes Adelaide, the Department of Home Affairs will be introducing an extra year extra year of post-study work rights. The extension will be available to the cohort of graduates from 2021 that hold a Temporary Graduate subclass 485 visa.
From 16 November 2019 the Department of Home Affairs will introduce two new skilled regional provisional visas with a new permanent visa pathway from November 2022. The two new provisional visas will supersede two existing visas and will include some significant changes that prospective applicants need to be aware of.
Since this post was published the Department of Home Affairs has advised that these new sponsorship requirements will not be commencing from 17 April 2019 as was previously communicated. At this stage there is no timeframe for the introduction of these sponsorship changes.
In November 2018 we posted about new legislation that would significantly impact the process for lodging family visas. The new requirement that sponsors for family visas be approved before a visa application can be lodged will take effect on a yet to be dermined date. It will apply to all Prospective Marriage Visa, Partner Visa or Parent Visa applications lodged from this date.
The Morrison Government has released a plan to reduce congestion in major cities, encourage more skilled migrants to enter and reside in regional areas. On 20 March 2019, Prime Minister Scott Morrison announced that for the next four years immigration will be capped 160,000 migrants per year. While the total amount of immigration will be capped, the number of skilled migrants entering Australia will be raised using regional visas and skilled visa streams.
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