Farmers hope to start the new year with agriculture visa workers, but there are stumbling blocks
Agriculture visa was first announced in June 2021
To many, the Agricultural visa seemed to be a perfect visa to attract Southeast Asian farm hands to fix labour shortages within the Australian agriculture industry.
The Australian Agriculture visa is designed for primary industry sectors, including horticulture, meat processing, dairy, wool, grains, fisheries (including aquaculture) and forestry.
According to Agriculture Minister David Littleproud, the agriculture visa "came into effect" on October 1
However, it has been there for four months now, and no overseas workers have arrived under the new scheme because no countries have signed up for it.
So what is causing the delays in the implementation of the Agricultural Visa?
We are waiting on the bilateral agreements with a few Southeast Asian countries that the foreign affairs minister is negotiating.
Visa 491 and 190 South Australia and Tasmania has continuously updated their Skilled Migration program. There are further 259 occupations added to South Australia Offshore skilled occupation list with requirements and Subclasses offered will vary depending on the occupation. More details on their requirements will be illustrated below.
Tasmania has updated their quotas used for this financial year and announced their priority group of applicants who are going to be assessed soon. It is likely that their quotas will be running out significantly before the end of this program which is 30 June 2022.
We do not know how many times we say Happy Lunar New year, but it is never too late to say it. This is for our first-time-visit customers.
Happy Lunar New Year, and welcome to a year of Tiger!
Let’s make a confident and courageous start to the year, following the lead of the Tiger.
There is plenty of good news, with the border opening for visitor visas and positive reforms.
Today’s blog covers all the latest immigration updates in Australia until 11/02/2022
Please watch the video if you find it more interesting; there is a lot of essential news, especially for Skilled workers overseas planning to move to Australia and international students or Working holiday makers.
Latest news: No Skill assessment for 485 Visa - Temporary graduate stream and no requirement on nominating an occupation
Australia is trying hard to bring back its valuable international students and graduates to fill the skill shortages caused by the disruption of Covid-19 travel restriction
From 15 December 2021, fully vaccinated Temporary Graduate (subclass 485) visa holders can enter Australia without a travel exemption.
It has been followed by many more positive policies recently
In this blog, we cover all changes of Temporary Graduate visa subclass 485 Including what has been changed before the mentioned date
Temporary Graduate Visa 485 New Eligibility
Australia DHA have changed the requirements for a Temporary Graduate (subclass 485) visa for those who have been affected by COVID-19 travel restrictions:
Online study undertaken outside Australia will count towards the Australian Study Requirement (ASR) for existing and new student visa holders
Only study undertaken outside Australia whilst holding a student visa will count towards the ASR.
Graduates can apply for and be granted a Temporary Graduate visa outside Australia (where they have met all the requirements).
This will be useful for those with their student visa expired and cannot return to Australia. Please remember to apply within 6 months of completing your eligible qualification.
If you are unsure about your eligibility, please submit your enquiry here.
Flexible timeframes for English tests and Health Exams - Temporary Graduate visa 485
The Department of Home affair allow extra time for you to provide English language test results if you were unable to take a test because of COVID-19. Extra time will also be given for health checks where COVID-19 disrupted access to services.
Where you have made an appointment for one or more of these services more than 28 days into the future, you may attach your booking confirmation in ImmiAccount.
Please respond to requests for information to inform the Department, via ImmiAccount, that you need additional time should you require it.
Future Flexibility on Temporary Graduate Visa and Post Study Work visa 485
Future Temporary Graduate (subclass 485) applicants will also enjoy a longer or more flexible criteria.
Permanent extension in the length of Temporary Graduate visas for Masters by Coursework students from 2 to 3 years.
Temporary increased from 18 to 24 months stay on Temporary Graduate visas for VET graduates, and 5 years for Hong Kong and British National Overseas passport holders may stay for 5 years.
Temporary expansion of opportunities for VET graduates to apply for Temporary Graduate visa by not requiring occupations on the Skilled Occupation Lists and not requiring skills assessments (on plan).
Extend existing measures for students and recent graduates to have time spent offshore studying online to be recognised towards qualifying for a Temporary Graduate visas
There have been a lot of successful applicants who get 3 years stay on their 485
Please remember that this only applies to those who get their visa assessed and granted after December 2021.
There is no automatic extension for the previous 485 visa holders who completed their master’s in Australia before the announcement date.
VET Graduates are likely the happiest clients with the new temporary change of up to 24-month stay.
It gives them more time to complete their job ready program (JRP), typically taking at least one year and another few months for applying for skilled visa
AUTOMATIC EXTENSION AND ENLIVENING
From 18 February 2022, Temporary Graduate (subclass 485) visa holders who were affected by COVID-19 travel restrictions will have their visa extended or enlivened to 30 September 2022 automatically.
Check if you are eligible
To be eligible for a Temporary Graduate visa extension:
visa holders must have held a Temporary Graduate visa on 15 December 2021
the current visa expires before 30 September 2022
the primary visa holder was in Australia at time of the visa grant
the primary visa holder has been outside Australia for any period between 1 February 2020 and 14 December 2021 (inclusive)
the visa has not been cancelled since 15 December 2021
the holder has not been granted a further substantive visa since 15 December 2021.
To be eligible for visa enlivening:
visa holders must have held a Temporary Graduate visa that visa expired between 1 February 2020 and 14 December 2021 inclusive
the primary visa holder was in Australia at time of grant
the primary holder of the visa has been outside Australia for any period between 1 February 2020 and 14 December 2021 inclusive
the visa was not cancelled
the visa holder has not been granted a further substantive visa
The visa extension is FREE and will occur automatically. It will include family members that were included in the original Temporary Graduate visa.
REPLACEMENT STREAM
From 1 July 2022, Temporary Graduate (subclass 485) replacement stream will be available.
And only for temporary Graduate visa holders impacted by the Australian travel restrictions.
This means people who could not stay in Australia for the entire period allowed by their previous Temporary Graduate visa.
Check if you are eligible
currently hold, or have held a Temporary Graduate visa that expired on or after 1 February 2020; and
have been outside Australia at any time between 1 February 2020 and 15 December 2021
The visa costs AUD1,680 for the primary visa applicant. There is also a charge for each family member who applies for the visa with them.
Successfully applicants will have full validity of their initial 485 visas
Further details will become available over the coming months. We will update this blog when more information is available. Please continue to check back for updates.
In summary, the Government recognizes the valuable contribution of temporary visa holders and acknowledges the disruption caused by the COVID-19 travel restriction.
To go on with these positive changes on 485, we hope that the Australian government will take more effective measures to deal with the backlog of skilled visas 190 and 189.
There is currently a significant backlog of visas waiting to be granted since 2019
These visa holders are playing essential parts in recovering Australia’s economy post-pandemic.
Further news has been announced by Australian Government, all visa holders are now eligible to travel Australia with a condition of being fully vaccinated.
Travel exemption will drop away, there may be no quarantine required which is similar to others.
However, the covid-19 Omicron situation is still very complicated, please be careful when you are travelling.
Work Visa Lawyers – Temporary Graduate Visa 485
Work Visa Lawyers will assess whether your occupation and your current profile fits into this Visa 485. We will then draft and collate all the necessary paperwork, submit it, and follow up on your behalf.
We are one of the best Immigration Agents and Lawyers in Australia. we are based in South Australia, and you are always welcome to book an appointment with us via phone call, Zoom/Skype or Face to face consultation.
Book an appointment with one of our experienced Immigration Lawyers and Registered Migration Agents here.
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.
With the opening of Australia Border, some States and Territories are opening their offshore state sponsorship program. Applicants from outside of Australia may be able to get a nomination for a 491 or 190 Visa.
Bring members of your immediate family with you; and
Apply for permanent residence after 3 years.
The 190 visa allows you to:
Live and work in Australia.
Stay in Australia permanently
Sponsor your family members to come to Australia.
For more information about General skilled migration and state nomination, please read here.
South Australia State Nomination – GSM Offshore
Being the friendliest state in Australia in issuing state nomination 190 and 491, South Australia started offering offshore invitation in July 2021. It extended its offshore state sponsorship occupation list in September 2021 to cover several popular occupations, including:
Professional occupations (Marketing Specialist, Sales manager…)
Trade occupations (Agriculture and Construction sectors)
Engineering occupations
To know more about the South Australia Offshore Occupation List, please click here
South Australia has been the most productive states in issuing skilled visa invitations both onshore and offshore. However, it is deemed that the selection criteria for oversea applicants is quite high to be satisfied in some professionals occupations such as Marketing Specialist, Civil Engineers. But there are a few trades occupations, Hospitality or health and medical occupations have been made easier and more reasonable for offshore applicants.
General requirements are:
You must have 2-8 years work experience at least in your nominated occupation.
Competent-Superior English level unless you hold an eligible passport from a country where the primary language is English (the United Kingdom, the United States of America, New Zealand, Ireland and Canada)
You must score at least 65 to85 points for the Skilled Work Regional visa (subclass 491) in the Department of Home Affairs' points test.
Some Occupations are able to access Skilled Visa 190 nomination now from offshore.
Talk to our Immigration Lawyers and Registered Migration Agents who are specialised in South Australia Immigration for your best advice.
Offshore candidates skilled in occupations within some ANZSCO unit groups are eligible for NSW 190 or 491 nominations from December 2021. Other than popular occupations (e.g., Nurses, Engineers, Social Workers), New South Wales are also welcoming offshore candidates who holds valid skills assessment and have resided outside Australia since the last 3 months.
Many candidates have been waiting for this news for a long time since South Australia has made their first shot. However, up until last December, NSW has officially announced this program for offshore applicants with its NSW occupation list and additional requirements for the next invitation round.
You must have a minimum 3-year work experience in your nominated or closely related occupation for occupations within some ANZSCO unit groups.
It may sound simple based on the only 2 requirements shown by the state. However, the competitiveness is high since there are a lot of applicants in the pool and NSW government will of course choose the best one out of it.
Following New South Wales and South Australia offshore migration program, Australian Capital Territory has opened their skilled migration program for Overseas applicants under Skilled Work Regional Visa 491 and Skilled Nominated Visa 190.
Offshore skilled applicants who have at least 3 years full time, post graduate work experience can now access the ACT Critical Skills List and seek nomination from ACT.
There are certain requirements from 190 and 491 nomination in ACT skilled migration program. Most of those are similar, except employment criteria.
For applicants who seek for ACT 491 nominations, they have to research the ACT labor market to prove their ACT employability after getting visa. An employment statement explaining the research undertaken and confirming that you are employable in Canberra is required.
Others who seek for ACT 190 nominations, You have a full time job offer in your nominated occupation. The position must be in Canberra and be available for at least two years. The employer:
must be a medium to large Australian enterprise (50 plus employees) actively trading in Canberra.
cannot be trading from a home, online or serviced office.
must have a genuine need to employ an overseas skilled worker.
must demonstrate that the position is relevant to the business; and cannot be filled from the local labor market.
Occupations from the Tasmanian Skilled Occupations List are currently open for all nomination categories, including Overseas Applicants.
There are 2 categories for Tasmania skilled migration program for offshore applicants
Overseas Applicant (TSOL) requirements: applicants who have satisfied their requirements listed in TSOL will be eligible to apply for Category 3A. Refer to the list here:
Applicants who have a job offer in an area related to the TSOL must have a Skills Assessment in that area and should meet the additional English and registration / experience requirements listed for that occupation on the TSOL.
Both streams have a requirement of not living in other states in the last 12 months.
Victoria and West Australia remain closed to offshore applications.
Many employers are experiencing the confusion of Visa condition 8107 - work limitation and whether Pandemic event visa 408 holders can change employers. Within the scope of this article, we will illustrate the two different meanings of these terms and conclude with a clear answer to the question above.
What is condition 8107?
In any recruitment activities, human resource managers must conduct a VEVO check on their employees to see if those candidates can work for them and do not breach any visa conditions. What does it mean when you meet condition 8107- work limitation?
Condition 8107 in Schedule 8 of the Migration Regulations 1994 sets out restrictions on your employment in Australia. This information provides a summary of some of those restrictions.
8107 - Work limitation attached means that the visa held by the visa holder was granted either to allow them to be employed by a particular employer or to undertake specific activities in Australia other than employment
You must not stop working for your employer. You must not work in a different position, occupation, or with another employer or for yourself.
You must not stop doing the activity the visa was granted for.
You must not do other activities or do the activity for yourself or anyone else.
Australian Election nears - How it will affect Global Talent Visa subclass 858?
Australia is approaching a Federal Election and it's possible that Liberal party could lose its hold on power. If the Labours party wins against the liberal. There are bound to be some big changes.
Although Labour is typically seen to be pro-migration and its spoken about increasing the numbers of visas. Traditionally Labour has favoured more family visas.
It is possible that the Global Talent Visa will be scaled back if there is a Labour government.
If you are planning for a Global Talent EOI or nomination, lodging in the first half of 2022 might be the best idea.
This is all speculations, as the election nears, we are sure to hear more from both parties about their future plans.
If you think you might be suitable for the global talent visa, you can do a free assessment on our website.
Before you apply for Global Talent Visa Australia, you may need to know all the criterias and processing time or success rate to decide whether you are eligible for it or not. We have made a lot of articles and blogs on global Talent Visa subclass 858 which may be useful for you.
In General, visa applicants are required to meet the following 4 core requirements to be able to apply for a Global Talent visa:
There are a few substantial differences between the medium-term stream and the short-term stream of the TSS 482 visa.
At their core, both streams are part of the same temporary, skilled, employer-sponsored visa in Australia.
Many clients have made questions whether there is a pathway of 482 Visa to Permanent Residency.
Yes, even neither stream has an age requirement, but there is an age requirement for the ENS 186 visa that could be accessed via the Temporary Residence Transition stream if you hold a Visa subclass 482 in the medium-stream. This stream is a pathway to PR from 482 visa.
The key differences of are:
Length of stay in Australia
English test scores required
Genuine Temporary Entrant requirement
Possibility for “renewal”
Availability of PR pathway (through ENS 186 visa temporary residence transition stream)
The English “exemptions” are the same for both streams (while the test scores required are different, where an “exemption” is not available).
There are many Employer Sponsored Visas in Australia, 482 Visa is the most popular amongst those. However, each scenarios will fit in each type of Sponsored Visa.
Please have a look at all Employer Sponsored Visas in Australia here ! Or Click here for arranging an appointment with our Immigration lawyers !
What determines the stream I am in?
With sponsored and skilled work visas, selecting the correct occupation is essential. If the wrong occupation is used, this can lead to refusal of nomination and/or visa application.
For TSS 482 visa, it is important this occupation is consistently used all the way through Labour Market Testing, nomination application, contract, visa application, work experience, skills assessment (if required).
For the TSS subclass 482 visa, you are in either the medium-term stream or the short-term stream based on your occupation. If your occupation is on the MLTSSL, then you would be in the medium-term stream. If your occupation is on the STSOL, then you would be in the short-term stream. Some occupations are on the regional-occupation list (ROL) , which has some perks of the medium-term stream (4-year visa) with some of the drawbacks of the short-term (not eligible for the 186 PR pathway).
Following New South Wales and South Australia offshore migration program, Australian Capital Territory has opened their skilled migration program for Overseas applicants under Skilled Work Regional Visa 491 and Skilled Nominated Visa 190.
Up to 3 years waiting to get their permanent residency approved!!
This is a true story that many of skilled migrants for General Skilled migration scheme have been waiting for ages just only to get their Permanent Residency and coming back to Australia to work.
Reporting from ABC news, Huang Yiwen has been waiting for her skilled visa 190 Approved for just over two years. As an immigration company, we are having a lot of questions from skilled migrants or Skilled workers about the processing time which is not in line with the information provided by the department of home Affairs.
"I have always taken Australia as my home" Ms Huang said. Back to the time when she was in Adelaide, South AUstralia, she was a part-time teacher for a primary school and has herself lodged application for the 190/491 skilled nominated visa. She returned to China in 2019 and is being stucked in China since then, even when the border is fully open on the 15 December 2021 for fully vaccinated temporary work visa holder. But she does not have her own temporary visa and she is waiting for her Permanent Residency approved to travel back to work in Australia.