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First Invitation Round for New Migration Year 2020-21 (subclass 189 & 491 Family-Sponsored)

189 and 491 Invitations July 2020

 

The Department of Home Affairs has sent out the first round of invitations for the 2020-2021 program year on 14 July 2020.

This first round of invitation for the subclass 189 and 491 (family-sponsored) is a positive indication that the monthly invitation rounds will continue.

At the current time, the subclass 190 and 491 state sponsored visas are still on hold.

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COVID-19 and Employer-Sponsored Visas (subclass 482 & 457) - Frequently Asked Questions

482-457-visa-coronavirus

 

Many employer-sponsored visa holders experienced changes to their employment as a result of the COVID-19. These unprecedented times have presented many challenges for these visa holders, including questions as to how their visas will be affected by these changes.

We have compiled a list of Frequently Asked Questions to answer some of these questions. 

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Common Occupations for the Global Talent Independent Visa (GTI)

GTI common occupations

We are receiving a lot of questions regarding the scope of the sectors for the Global Talent Independent visa. As there is no set occupation list for the GTI visa, many potential candidates do not know whether their occupations will fall within one of the seven target sectors.

As of 17 December 2020, Direction 89 lists priority sectors as:

  • Resources
  • Agri-food and AgTech
  • Energy
  • Health industries
  • Defence, advanced manufacturing and space
  • Circular economy
  • DigiTech
  • Infrastructure and tourism
  • Financial services and FinTech
  • Education​

Please note this blog was written prior to 17 December 2020.


This is an older article. Click here to learn the criteria for the Global Talent Visa

The most common areas of interest are:

  1. Quantum Information, Advanced Digital, Data Science and ICT
  2. FinTech
  3. Cyber Security
  4. MedTech
  5. Energy and Mining Technology

There seems to be a reasonable amount of confusion regarding what is included in each sector. The key focus of the GTI is to attract high-tech occupations within the target sectors.

While we aim to provide some clarity on this, there is no defined edge to the target sectors.

Unlike GSM & employer-sponsored programs, the GTI process is not based on an occupation list. 

It is also important to keep in mind that all applicants need to meet the other requirements for the Global Talent Independent Programs; such as:

  • recognised internationally
  • prominent in your target sector
  • would be an asset to Australia
  • would not have difficulty finding work in Australia in your field
  • are nominated by an Australian organisation or individual, who is also prominent in the same field
  • earn or are likely to earn at least AUD153,600 (can be shown through a range of different ways)

Ultimately, the only way to concretely determine if your background is going to be accepted into the program is by submitting an expression of interest.

To learn more about the Australian Global Talent program, click here.

 

Quantum Information, Advanced Digital, Data Science and ICT

This is the largest target sector for GTI, making up 28% of the 2019-2020 program year. 

The Global Talent Independent visa program is intended to attract “high-tech” professionals from a range of different fields. Most of those professionals in other fields (especially FinTech; MedTech & Cyber Security) also fall within this general ICT field.

 

ICT

The following occupations might be considered under this sector, as they are ICT occupations:

  • 261111 ICT Business Analyst
  • 261313 Software Engineer
  • 261312 Developer Programmer
  • 135111 Chief Information Officer
  • 135112 ICT Project Manager
  • 263111 Computer Network and Systems Engineer
  • 263112 Network Administrator
  • 263211 ICT Quality Assurance Engineer

We have also previously received an invitation for a professional with a background as 223211 ICT Trainer.

We note that being in the target sector is one of the requirements, but it is important that you are also able to meet the other requirements of the program. 

Not all professionals in these occupations will be able to meet the salary or academic requirements. 

 

Quantum Information, Advanced Digital and Data Science

There are a few occupations which we think may fall into these fields, but might not fit into ICT.

It is possible that occupations such as the following may be relevant:

  • 224112 Mathematician
  • 224113 Statistician
  • 234514 Biotechnologist
  • Actuary

Ultimately, it is important that you have an established background in the claimed field. A mathematics professor who has had no engagement with Data Science is unlikely to be suited to the Global Talent Independent visa program.

While these occupations may be relevant, it is also important to keep in mind the other requirements of the Global Talent Independent Visa Program. You need to be able to show that you are likely to attract a salary of at least AUD153,600 in Australia. This can be shown in a range of ways, but means that an entry level software programmer is unlikely to be successful through the GTI visa program. If that’s you, you may have other options under one of Australia’s other skilled migration programs or an employer-sponsored visa.

Click here to learn more about finding an Australian nominator in this sector.

 

FinTech: Financial Technology

There are a range of professionals who contribute to the success of a financial technology team.

Some common roles in the FinTech industry are: 

  • 261312 Developer Programmer
  • 261313 Software Engineer
  • Managers working in the FinTech industry
  • Project Managers overseeing FinTech projects within a larger business
  • Consultants
  • Chief Technology Officers
  • Chief Data Officers

The FinTech space in Australia is made up of different players, ranging from the big banks to fresh startups. Some recent names in the industry are: Xinja, UP, Wisr, Huddle Insurance and AirWallex 

 

Cyber Security

Cyber Security is another one of the target sectors for the GTI visa program.

Some occupations in the Cyber Security field might include:

  • 262112 ICT Security Specialist
  • Security Software Developer
  • Information Security Analyst
  • Forensics Analyst
  • Penetration Tester
  • Ethical Hacker

Click here to learn more about finding an Australian nominator in this sector.

 

MedTech: Medical Technology

Medical technology involves innovative instruments that are used to save and improve people’s lives by improving following activities:  

  • Disease diagnosis; prevention; disease monitoring and surveillance; disease treatment & alleviation.
  • Injury diagnosis; injury monitoring and surveillance; injury treatment & alleviation & compensation for an injury.
  • Clean and destroy bacteria on medical devices
  • Using in-vitro examination of specimens derived from the human body to provide information for medical or diagnostic purposes.

Those working in the development of medical devices may be eligible for a GTI visa under MedTech. MedTech can span fields within medical technology including dental, diagnostic imaging and orthopaedic implants.

Examples of such occupations may include:

  • 251912 Orthotist or Prosthetist designing new technology
  • 234611 Medical Laboratory Scientist
  • Engineer working in research, maintenance and development of medical devices
  • Programmer working in medical software
  • Statistician working in MedTech

 

Energy and Mining Technology

Australia has a rich and varied history of energy, mining and resources industries. There is room for further development in mining equipment, technology and services (METS).

Global talents are being sought who can bring skills to Australia to push the METS industry even further.

We also understand there is a focus on new energy technologies, which could include renewable energy developments that would help with climate change. 

Potential occupations for this target sector are:

  • 233611 Mining Engineer
  • 233612 Petroleum Engineer
  • Mud Engineer
  • Petrophysical Engineer
  • Process Engineer (Mining)

 

While we have provided examples of occupations that could fall within these target sectors, this list is neither exhaustive of all the possible occupations for a GTI visa nor a guarantee that an applicant with that occupation will be successful. Eligibility for the GTI visa will be dependent on the applicant’s personal circumstances including skills, work experience, qualifications and ability to attract a salary of at least AUD 153,600.

If your occupation is not listed here but you think you may be eligible, please contact us for a preliminary assessment of your eligibility. 

 

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/services/global-talent-distinguished-talent-visas/global-talent-independent-visa.html

https://www.workvisalawyers.com.au/services/global-talent-distinguished-talent-visas.html

https://immi.homeaffairs.gov.au/visas/working-in-australia/visas-for-innovation/global-talent-independent-program

https://fintechaustralia.org.au/

https://www.mtaa.org.au/

 

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Featured

Vini's Australian Partner Visa Experience - subclass 309/100 visa

 

 

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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Australia Offers Five-Year Visa Extension to Hong Kong Citizens Amid Riot

Visa Extension for Hong Kong Citizens

 

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.

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Australian Skilled Migration Program Closed Indefinitely - 190/491 Visas

GSM Closed

 

BREAKING NEWS

The Australian General Skilled Migration program has closed indefinitely.

***LATEST UPDATE 14 July 2020*** 

***UPDATE 10 July 2020***

***UPDATE 1 July 2020***

 

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Nominator for Global Talent Visa Applicants in ICT & Cyber Security - Australian Computer Society

acs nominator ICT tech sector

 

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.

 

 

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Are Permanent Residents Eligible for the $25,000 HomeBuilder Grant?

HomeBuilder Grant for Permanent Residents

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

 

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Lawyer Deregulation Bill Passed – Lawyers vs Registered Migration Agents - consider Immigration industry experience

Deregulation of Lawyers

 

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

https://minister.homeaffairs.gov.au/jasonwood/Pages/government-removes-unnecessary-dual-regulation-for-lawyers.aspx

 

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NSW 491 Visa Nomination Application Open – Monday 15 June 2020

NSW_491_nomination_opening

 

****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.

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