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.

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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

Welcome to our August 2024 update on Australian immigration. In this blog, we’ll be discussing the recent changes in the immigration landscape, including a new Minister for Home Affairs and Immigration, a new visa for individuals facing exploitation in their workplace, updates on state nominations for the 190 and 491 visas, 482 visa changes and more.

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Change in Minister for Immigration and Home Affairs

In a recent reshuffle of the Federal Cabinet, Prime Minister Anthony Albanese appointed Tony Burke as the new Minister for Home Affairs and Immigration.

This change consolidates responsibilities previously held by Claire O’Neill and Andrew Giles, potentially leading to streamlined decision-making in immigration matters. With this new leadership, questions arise about how the proposed Migration Strategy reforms, including the Skills in Demand Visa and the National Innovation Visa, will be implemented.

We’ll have to stay tuned to see how these key reforms progress.

Introduction of the Workplace Justice Visa

A significant development in Australian immigration is the introduction of the Workplace Justice Visa (subclass 408). This visa aims to protect migrant workers who have experienced exploitation in their workplaces. The visa allows these individuals to remain in Australia for 6 to 12 months while their claims of exploitation are investigated.

There is no application fee for the Workplace Justice Visa.

This visa is available to anyone holding a temporary visa with work rights who has experienced workplace exploitation in Australia.

To apply, you must obtain certification of your claim from a participating government agency or an accredited third party, such as the Fair Work Ombudsman.

Here you can read more about the Workplace Justice Visa.

States Open for 190 and 491 Visa Expressions of Interest (EOI)

The states and territories, including the ACT, Northern Territory, Western Australia, South Australia, Victoria and Tasmania have already opened their 2024-2025 state nomination programs for the 190 and 491 visas. Other states are expected to open soon.

This year, there has been a substantial increase in visa allocations.

The 190 visa saw an increase from 10,300 to 16,500 places, a 60% rise. Similarly, the 491 visa numbers have grown by 53%, from 6,400 to 9,760 places.

This is great news for prospective migrants looking to secure a nomination.

If you need to do your EOI or Registration of Interest (ROI), please contact us. We will be happy to assist you.

If you are unable to secure a state nomination, employer-sponsored visas such as the 482, 494, or 186 visas may be viable alternatives.

Visa Appeals and the New Administrative Review Tribunal (ART)

Starting 14 October 2024, the Administrative Review Tribunal (ART) will replace the Administrative Appeals Tribunal (AAT) as part of the Albanese Government’s reforms.

If you have an ongoing appeal with the AAT, there is no need to worry; all existing matters will automatically transition to the ART, and re-applications is not required.

Australia’s Largest University: Adelaide University

With the merger of the University of Adelaide and the University of South Australia, Adelaide University has become the largest university in Australia.

Adelaide University will offer around 200 coursework programs aimed at attracting international students, with admissions starting ahead of the official opening in 2026.

This development is expected to significantly boost Australia’s education sector.

If you’re considering studying in Australia, feel free to contact us. 

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Changes to the 482 Visa

From 23 November 2024, the Temporary Skill Shortage (TSS) 482 visa will require only one year of full-time work experience, down from the current requirement of two years.

This change is expected to benefit many visa applicants, particularly those already in Australia on graduate visas.

New Work Conditions for 482 and 494 Visas

As of 1 July 2024, new work conditions apply to the 482, 494, and 457 visas. Employees will now have up to 180 days to find a new employer if they cease employment. During this period, they can work for any employer in any job.

This change is expected to provide more flexibility and stability for visa holders as they search for new employment opportunities.

Here you can ready more about other changes happening on the 482 employer-sponsored visa.

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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From 14 October 2024, the Administrative Appeals Tribunal (AAT) will be abolished and replaced with the Administrative Review Tribunal (ART). Legislation to abolish the AAT and replace it with the ART passed the Australian Parliament in May 2024. The transition marks a significant restructuring of the administrative review process in Australia. 

The key changes that are expected to take place as part of the transition include:

1. Implementing a transparent and merit-based appointments process 
2. Appointment of additional members to address existing backlogs 
3. Implementing sustainable funding arrangements 
4. Implementing a single and updated case management system to address risks 
5. Introducing procedural efficiencies and process improvements 
6. Implementing support services and emphasise early resolution where possible 

These reforms reflect a broader effort to modernize and improve the administrative review system in Australia, ensuring that it is more effective, efficient, and responsive to the needs of the public.

Common questions and answers 

What happens to my appeal with the AAT?

If you have an ongoing appeal that you lodged with the AAT, you do not need to worry. All matters currently before the AAT will continue as usual and will automatically transition to the ART upon its commencement on 14 October 2024. This is to ensure continuity for applicants without requiring any additional actions from them.

Do I need to submit a new appeal application with the ART?

No, if you have an ongoing appeal with the AAT, you do not need to lodge a new application with the ART as your application will automatically transfer to the ART as part of the transition.

Is the AAT still operating until 14 October 2024?

Yes, the AAT will continue to consider applications until the commencement of the ART on 14 October 2024. Until the commencement, you can still lodge or manage applications and other documents through the AAT website.

Are all decisions made by the AAT still valid?  

Yes, if you have an AAT decision that has already been finalised by the AAT, it will not be considered again by the ART.

We will provide further updates in relation to the expected changes as they are announced by the Australian government.

If you have an appeal and are unsure about how the changes may affect you, please feel free to contact us. 

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Sources:

https://www.ag.gov.au/legal-system/new-system-federal-administrative-review

https://www.aat.gov.au/about-the-aat/transition-to-the-administrative-review-tribunal

The Department of Home Affairs has officially released the 2024–25 state and territory nomination allocations for the 190 and 491 visas.

Overall, there is an increase compared with 2023-2024, which is good news for those looking to migrate to Australia.

Subclass 190 Skilled Nominated visa

• 2023-2024: 10,300 allocations
• 2024-2025: 16,500 (increased by 60%)

Skilled Work Regional (Provisional) visa (subclass 491)

• 2023-2024: 6,400 allocations
• 2024-2025: 9,760 (increased by 53%)

Total allocations

• 2023-2024: 16,700
• 2024-2025: 26,260

See the table bellow comparing the 2023-2024 financial year to 2024-2025 financial year.

Detailed State Allocations for 190 & 491 Visas

Tasmania (TAS):

• 190 Visa: Increased from 600 to 2,100 (250%)
• 491 Visa: Increased from 600 to 790 (27%)

Northern Territory (NT):

• 190 Visa: Increased from 250 to 800 (220%)
• 491 Visa: Increased from 400 to 800 (100%)

Western Australia (WA):

• 190 Visa: Increased from 1,500 to 3,000 (100%)
• 491 Visa: Increased from 850 to 2,000 (135%)

South Australia (SA):

• 190 Visa: Increased from 1,100 to 3,000 (173%)
• 491 Visa: Decreased from 1,200 to 800 (-33%)

Australian Capital Territory (ACT):

• 190 Visa: Increased from 600 to 1,000 (67%)
• 491 Visa: Increased from 600 to 800 (33%)

Victoria (VIC):

• 190 Visa: Increased from 2,700 to 3,000 (11%)
• 491 Visa: Increased from 600 to 2,000 (233%)

New South Wales (NSW):

• 190 Visa: Increased from 2,650 to 3,000 (13%)
• 491 Visa: Increased from 1,500 to 2,000 (33%)

Queensland (QLD):

• 190 Visa: Decreased from 900 to 600 (-33%)
• 491 Visa: Decreased from 650 to 600 (-8%)

Why Are These Allocations Important?

The Skilled Independent 189 visa allocations have been nearly halved, from 30,375 in 2023-2024 to only 16,900 for 2024-2025. This significant reduction means that more people will be aiming for state-nominated 190 and 491 visas, making these allocations crucial.

The more state allocations there are, the better your chances of getting a visa.

Analysis and Patterns

The pattern is clear: states defined as regional have received the largest increases in allocations.

The overall strategy appears to focus on increasing the number of 190 PR visas for WA, SA, and NT, while NSW and Victoria saw most of their increases in the regional 491 visa, aimed at dispersing migrants outside Melbourne and Sydney.

Queensland's reduction in numbers was at the request of the QLD government.

It seems the Federal Government is worried about housing shortages and so is looking to give visas for regional areas.

While these allocations won't make everyone happy, they are a significant improvement over the across-the-board 70% reduction from 2022-2023 to 2023-2024 year.

If state nomination isn’t an option for you, consider exploring employer-sponsored visas. Check out our blog on how to find an employer sponsor for more guidance.

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.

Sources: 

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

https://www.migration.sa.gov.au/

https://www.migration.tas.gov.au/

https://migration.wa.gov.au/

https://www.act.gov.au/migration/home

https://liveinmelbourne.vic.gov.au/

https://www.nsw.gov.au/visas-and-migration

https://www.migration.qld.gov.au/

The Department of Home Affairs has released the list of professions from the latest 189 Skilled Independent Visa invitation round that took place on June 13th, 2024. This round saw a total of 5,292 invitations issued across more than 130 different occupations, with a significant focus on construction, healthcare, and engineering fields.

Interestingly, there were no invitations for the 491 Family Sponsored visas this round.

What is the 189 Skilled Independent Visa?

The 189 Visa is a points-tested permanent visa for skilled workers who are not sponsored by an employer, a state or territory, or a family member. This visa allows you to live and work anywhere in Australia as a permanent resident. Key benefits include:

• Permanent residency status
• No need for state or family sponsorship
• Freedom to live and work anywhere in Australia

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Building Trades Occupations

With the ongoing housing shortage and the urgent need to build more housing, building trades have become the most sought-after professions in Australian migration.

Occupations such as carpenter, cabinetmaker, bricklayer, plumber, joiner, electrician, drainer, and glazier received invitations with 65 points or more.

Engineering Occupations

Civil engineer, mining engineer, telecommunication engineer, industrial engineer, transport engineer, and electrical engineer were invited, some requiring at least 85 points.

Healthcare Professionals

Registered nurses were invited with a minimum of 85 points.

Other Notable Occupations and Minimum Points

• Chef: 95 points
• Accountant: 100 points
• Architect: 85 points
• Child Care Centre Manager: 85 points
• ICT Occupations: 100 points
• Internal and External Auditors: 95 points
• Motor Mechanic: 95 points
• Social Worker: 85 points

Surprising Invitations

These occupations are surprising because they are not often considered the most “in-demand” skills.

• Dancer or choreographer
• Solicitor
• Valuer

189 Occupations and Minimum Points

In general, most occupations required at least 80 points to receive an invitation.

Click here to see all the occupations invited.

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 required English test results
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

If your occupation is not receiving invitations, consider exploring employer-sponsored options such as the 482 visa or 494 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.

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The new financial year has brought significant changes to the Australian migration system. In this blog we will go through the main changes.

1. Visa Fee Increases

From 1 July 2024, most visa fees application increased by 2% to 4%, while student visa fees had a significant increase by 125%.

New Student Visa Fees:

• Main applicant: From $710 to $1,600
• Additional applicants over 18 years old: From $530 to $1,190
• Dependents under 18 years old: From $175 to $390.

This increase will affect many planning to study in Australia. The current application fee for all types of visas are available on the Home Affairs website.

2. 190 and 491 Visa State Nomination Numbers

On 1st July 2024, the Australian Financial Review published the 190 and 491 visa allocations for 2024-2025:

• Queensland: reduction of 300 places in 190 PR visas from 900 to 600, 491 visas were also reduced from 650 to 600.
• South Australia: there is an additional 1,900 visas.
• Tasmania and Western Australia: each state will receive an additional 1,500 visas.
• Western Australia: another additional 5000 skilled migrant places under the new WA Designated Area Migration Agreement (DAMA).
• Northern Territory: an increase from 650 places to 1,200.
• Australian Capital Territory: an increase from 1,200 to 1,800 places.
• NSW and Victoria: both states are expected to remain the same as last year, with 3,150 for NSW and 3,300 for Victoria.

3. TSMIT Increase for employer sponsored visas

The Temporary Skilled Migration Income Threshold (TSMIT) has increased from $70,000 to $73,150.

The TSMIT is the minimum salary that employers are required to pay when they sponsor someone on a 482, 186, or a 494 visa.

Any new nominations from 1 July 2024 must meet this threshold, but existing holders and nominations lodged before 1 July 2024 are not affected by this change.

4. Relaxation of Work Visa Conditions for 482, 494 and 457 Visas

From 1 July 2024, new work conditions will apply to 482, 494, and 457 visas. These visa holders will have:

• Up to 180 days at a time to find a new employer or a maximum of 365 days in total across the entire visa grant period.
• During the 180 days, employees who are looking for a new employer, can work in any job for any employer.

Employers and the Skilling Australians Fund (SAF)

With the greater mobility for employees, it's time that the Department of Home Affairs revisits the promise in the Migration Strategy to reform the SAF.

Employers currently have to pay the Skilling Australian Fund upfront, which is a significant amount if an employee then leaves before their visa grant period. Fees: $1,200 per year for businesses with a turnover under $10 million, and $1,800 per year for those over $10 million.

Given the increased mobility within the 482 system, there's a risk that employers may opt out of sponsoring due to these fees, and therefore skill shortages could get worse if the employers don't want to sponsor people anymore.

5. No Student Visas for Visitors and Graduates Visa Holders

From 1 July 2024, Visitors (Subclass 600) and Graduate (Subclass 485) visa holders can no longer apply for a student visa onshore, as well the following visa holders

• Subclass 601 (Electronic Travel Authority)
• Subclass 602 (Medical Treatment)
• Subclass 651 (eVisitor)
• Subclass 988 (Maritime Crew)
• Subclass 403 (Temporary Work) International Relations – Domestic Worker (Diplomatic or Consular) stream
• Subclass 426 (Domestic Worker (Temporary) – Diplomatic or Consular)
• Subclass 771 (Transit)
• Subclass 995 (Diplomatic Temporary) – primary visa holders only

6. Graduate Visa Age Limit

Applicants looking to apply for a Graduate Visa must be 35 or under, with exemptions for Masters by research, PhDs, Hong Kong, and British Overseas passport holders up to 50 years old.

Some alternatives for those 36 or older include the 407 Training Visa, Partner Visa, another Student Visa, or an Employer-sponsored Visa. However, applicants will need to ensure they are eligible for these visas.

Please, contact us if you are 36 or over to discuss your visa options.

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7. High-Income Threshold Increase

The Fair Work High-Income Threshold (FWHIT) has increased from $167,500 to $175,000. This means Global Talent applicants must have a minimum annual salary of $175,000 to apply.

8. Visa Closures

• The Skilled – Recognised Graduate 476 visa has permanently closed
• The Business and Investment visa has also closed

The National Innovation Visa is planned to replace the Business and the Global Talent Visa. It is expected to come into place at the end of 2024.

You can read more about the National Innovation Visa here.

9. Work and Holiday Visa Updates

Philippines Passport Holders

Philippines Passport Holders can now apply for a 462 Work and Holiday Visa with 200 places available. To be eligible, applicants must hold tertiary qualifications or have successfully completed at least 2 years of undergraduate study or post-secondary education and be 30 years or under.

UK Passport Holders

UK Passport Holders can now be granted up to three Working Holiday Subclass 417 visas without having to meet any specified work requirements. This is expected to lead to significant interest from young people from the UK, offering a work visa for up to three years in sunny Australia without the need to do agricultural work.

10. Health and Medical Changes

There have also been changes to the health and medical requirements including:

• An Increase in the Threshold for Medical Costs from $51,000 to $86,000.
• Mandatory Hepatitis B Testing for residents from high-risk countries, who are aged 15 and older.

11. Workplace Justice Visa Stream of the 408

A new visa has been introduced for employees who may have been exploited by their employer to stay and work. The employee will need a certificate stating there has been workplace exploitation. More details will be provided on this visa soon.

This was a summary of the main news in Australian immigration for the new financial year, July 2024. 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/news-media/archive/article?itemId=1211

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1205

https://budget.gov.au/content/bp1/index.htm

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-graduate-485/changes

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1209

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1213

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

https://immi.homeaffairs.gov.au/visas/getting-a-visa/fees-and-charges/current-visa-pricing

https://www.afr.com/politics/federal/queensland-to-cop-skilled-migrant-cut-amid-boost-to-smaller-states-20240701-p5jq6j

https://www.fwc.gov.au/high-income-threshold

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/repealed-visas/skilled-recognised-graduate-visa-subclass-476

https://www.legislation.gov.au/F2024L00768/latest/text

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/work-holiday-462

https://immi.homeaffairs.gov.au/what-we-do/whm-program/latest-news/arrangements-uk-passport-holders

https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/health/protecting-health-care-and-community-services

https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/health/what-health-examinations-you-need