Australian citizenship can be acquired through various circumstances related to birth. In this blog, we'll explore the three types of citizenship by birth.

Child Born in Australia with at Least One Parent Holding Australian Citizenship

If a child is born in Australia with at least one parent holding Australian citizenship, the child automatically becomes an Australian citizen.

Child Born Outside Australia with at Least One Parent Holding Australian Citizenship

Children born outside Australia with at least one parent holding Australian citizenship them they can apply for Australian citizenship through their parents.

Child Born in Australia – Ordinarily Resident and the 10-Year Rule

If a child is born in Australia and has two parents with neither of whom are Australian Citizens or Permanent Residents, and the child has been ordinarily resident in Australia throughout the first 10 years from your birth Australia as its primary residence up until the age of 10, the Child automatically becomes an Australian Citizen.

Recent case and flexibility by the Australian government

Recent legal developments, such as the case of Minister for Immigration, Citizenship and Multicultural Affairs v Sidhu by his litigation representative Kaur [2023] FCAFC 133, have brought about flexibility by the Full Federal court in interpreting the term "ordinarily resident."

This broader interpretation of ordinarily resident was more generous on how much time the child could be outside of Australia and still get Australian citizenship. In Sidhu, the child’s parents lived and worked in Australia while the child for some years lived with the grandparents in India. The child was still able to become an Australian Citizen on its 10th birthday.

Understanding the pathways to Australian citizenship by birth is crucial for individuals and families. Recent legal developments highlight the importance of flexibility in interpreting residency requirements, providing opportunities for those whose circumstances involve periods of living outside. If you need any assistance, please book an appointment. We are happy to help you.

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State Sponsorship 190 and 491 Visas

The Australian states are now open for sponsorship under the 190 and 491 visas. Check the eligibility criteria for your desired state or territory to see if you qualify.

We have some articles for more information: South Australia / Queensland / Victoria / New South Wales.

Victorian Invitation Rounds

Victoria recently held an invitation round, inviting professionals in various occupations, including Marketing Specialists and Accountants. Having high points for a job in Victoria with a good salary seems to be a relevant consideration from the Victorian Government.

The Victorian Government said that for offshore applicants they are only considering Health, Education, and Social Services.

Selection rounds will continue through September 2023, with the program closing in early 2024. Submit your Registration of Interest as soon as possible.

Western Australia

Western Australia also had the first invitation round for 190 and 491 visas. Some occupations invited were in priority WA Industries: building and construction; healthcare and social assistance; hospitality and tourism; and o education and training. The invitations were to people living in WA, living in other states, and offshore.

Employer-Sponsored 482 to PR in Two Years

If you have held a 457 or 482 visa for over two years, you may be eligible to apply for permanent residency.

Click here to read more about Permanent Residency for employer-sponsored 482 visa holders after 2 years.

Big news coming soon

It is expected that the Minister for Home Affairs will announce the plans for reforms in the next few days or weeks.

One of the changes that may be coming is Refining the Points test

In addition to points we have already covered; the table says better targeted skilled migration will:

• Introduce new permanent skilled visa settings, including exploring a revised points test
• The points reforms could include more points for skilled partners. 
• A more granular system in terms of age and points, for example not losing 10 points when you turn 40. There is also the possibility of cuts to regional points.

The Australian Government has announced changes that will allow short-term 457 or 482 visa holders to have a pathway to permanent residency in Australia after 2 years. If you have held and worked on a 482 visa for at least 2 years, you can apply from November 25, 2023.

Employers will be able to nominate holders of all Temporary Skill Shortage (TSS) 482 Visa, including Short-term and Labour Agreement streams. The nominated person will need to have held their TSS or subclass 457 visa(s) for 2 out of the 3 years before nomination.

Before, only Temporary Skill Shortage (TSS) 482 visa holders whose occupations are on the Medium and Long-term Strategic Skills List (MLTSSL) could apply for an Employer Nomination Scheme (186) visa under the Temporary Residence Transition (TRT) pathway after 3 years of full-time employment with the sponsoring employer while on a 457 visa or 482 visa.

Short-term 482 to PR 186

From November 25, 2023, the 186 Temporary Residence Transition stream will become available to the majority of 482 Temporary Skill Shortage visa holders. It will no longer be restricted to 482 visa holders with occupations listed on the Medium and Long-term Skilled Occupation List. In addition, the required length of employment with your sponsoring employer will be reduced from 3 years to 2 years.

If your occupation is on the Short-term Skilled Occupation List (STSOL), you will also be eligible to apply for the 186 Temporary Residence Transition after working in Australia for your employer-sponsor with a 482 visa for 2 years.

Medium-term 482 to PR in 2 years

Previously, medium-term occupations required 3 years on a 482 visa to be eligible to apply for permanent residency. When the changes start, all 482 streams can access PR and the work experience requirement will now be reduced to 2 years.

Common medium-term occupations include roles such as Registered Nurse, Diesel Mechanic, Carpenter, and more.

Below we have summarised what the changes mean:

South Australia (SA) offers many opportunities for skilled migrants. With 503 occupations listed on the SA Skilled Occupation List and four available streams, you may be eligible to apply.

South Australian Graduates Stream

International graduates who have selected South Australia as their study destination are given preference within the General Skilled Migration program.

The criteria to apply include:

• Have completed your qualification at a South Australian education provider
• A minimum of 50% of your qualification must have been completed in South Australia
• Must have resided in South Australia for at least one year during your studies
• Have been residing in South Australia for at least the last 12 months
• Have been working for the last 6 months, and be currently employed, in a full-time (at least 30 hours per week) job that is relevant to your nominated occupation

You can check all the criteria here.

The migration allocations for the year ending 30th of June 2024 have zero allocations for Business and Investor Visas. That signifies that there are no Business or Investor Visas available for this year, as illustrated in the chart below.

This means it will not be possible to get a state nomination for any of the four streams of the Business and Investor Visa Program. 

The four streams of the Business Innovation and Investor Programme (BIIP) are:

• Business Innovation stream
• Investor stream
• Significant Investor stream
• Entrepreneur stream

 Why did they close the Business 188 visa?

The Parkinsons’ Migration Review Final Report had several negative comments about the Business Innovation and Investor Programme. These negative comments included that the overall age of business Visa applicants is higher than other visas and that this could cause high medical expenses. Further, there were comments that 188 Visa holders had low incomes while in Australia.

In relation to the income point, we argue that this was based on accurate information that underestimated the range of income generated by Business Visa holders, including through their business and personal. 

The migration review also recommends revisiting the allocation of places across the permanent skilled program. In particular, it suggests reconsidering the size and role of the Business Innovation and Investment Program (BIIP), noting more positive outcomes from the Significant Investor Visa.

Other visa options

If you do not want to wait until new Business and Investor Visas are announced, you may consider the Global Talent Visa. 

To learn more about the Global Talent Visa and to explore your immigration options, please visit: https://www.workvisalawyers.com.au/services/global-talent-distinguished-talent-visas/global-talent-independent-visa.html

New Investor Visa opportunities coming from July 1, 2024

The Migration Review Final Report did mention some positive contributions by their Significant Investor Visa and suggests consideration be given to whether the BIIP is retained as a substantial program.

We expect a redeveloped version of the Significant Investor Visa to be introduced from 1 July 2024. 

On page 66 of the report, there are suggestions that consideration should be given to whether the BIIP is retained as a substantial program: “We note that outcomes for the small Significant Investor stream have been stronger than for the remainder of the BIIP. If there is a desire to retain some element of the BIIP, consideration could be given to drawing on the relative strength of this stream in designing a niche investment visa product, much more sharply targeted to select migrants able to drive innovative investments or play a valuable role in the venture capital industry.”

It is expected that the new investor Visa will be similar to the current significant investor Visa and may require: 

• $5000,000 investment into a complying investment
• Complying investments are yet to be determined by the federal government and may include a stipulated percentage of investment into venture capital.

If you intend to invest in Australia, we can help you find the best Australian business visa options. Our team of experienced Immigration Lawyers and Migration Agents looks forward to assisting you. If you are interested in a Significant Investor Visa for Australia, please contact us.

Sources:

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

https://www.homeaffairs.gov.au/reports-and-publications/reviews-and-inquiries/departmental-reviews/migration-system-for-australias-future

https://www.homeaffairs.gov.au/reports-and-pubs/files/review-migration-system-final-report.pdf

 How can Work Visa Lawyers help?

If you need help with this visa, Work Visa Lawyers can assist you.

Work Visa Lawyers is highly experienced in all parts of an employer-sponsored visa application process. We can assist with all aspects of the application and will provide an eligibility assessment before advising you to proceed with a 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.

New South Wales (NSW) intends to commence invitation rounds for the Skilled Nominated visa (subclass 190) next week. NSW will no longer rely on specific ANZSCO unit groups to compile a skills list. Instead, it's adopting a dynamic sector-focused strategy to meet the demands of the job market.

NSW Target Sectors

The priority sectors identified by NSW closely mirror the current skills shortages within the state. These key areas include:
• Health
• Education
• Information and Communication Technology (ICT)
• Infrastructure
• Agriculture

Greetings to all aspiring immigrants and those keen on keeping up with the latest developments in Australian immigration. Here's a roundup of the most recent updates you need to know:

VETASSESS Skills Assessment Changes

VETASSESS has stopped taking skills assessments for the trade occupations of Chef, Cook, Diesel Motor Mechanic, Motor Mechanic (General), Fitter (General), Electrician (General), and Metal Machinist (First Class). This change comes as a disappointment to many tradies.

For more information: https://www.youtube.com/shorts/f6rVvopc19o

The subclass 186 visa is a Permanent Resident visa which is available for qualified overseas workers who meet the requirements for one of the streams.

Requirements 186 Direct Entry Stream:

1. Have an eligible occupation that is provided by the Department of Home Affairs. https://immi.homeaffairs.gov.au/visas/working-in-australia/skill-occupation-list
2. Have relevant work experience unless exempt. The applicant is required to have at least 3 years of relevant work experience in the nominated occupation.
3. Licensing, registration, or membership: The applicant must be licensed, registered, or a member of a professional body if it is mandatory in the state or territory the applicant intends to work in.
4. *Have a positive skill assessment
5. Be nominated by an Australian employer whose business is actively and lawfully operating.
6. The applicant must be under 45 years of age when he or she applies unless the applicant is eligible for the exemption policy.
7. Have at least competent English: Competent English (homeaffairs.gov.au)

Victoria has officially opened its State Nomination Program for the year 2023-24. This program provides aspiring skilled migrants, both within Australia and overseas, with an opportunity to pursue permanent residency in Victoria.

Victoria has set aside 2,700 allocations for the Subclass 190 visa and 600 for the Subclass 491 visa. This allocation distribution primarily emphasizes the Subclass 190 visa, making it an attractive option for those looking to secure permanent residency in this state.

Migration Queensland Program will begin inviting selected applicants from the end of September 2023 and hold invitation rounds at the end of each month for the remainder of the financial year 2023-24. The number of applicants invited each month will be capped to ensure an even and consistent rate of invitation throughout the program year. Due to this competitive process, ensure that you explore alternative migration options.