We take a break from providing you with the latest immigration laws and visa news as we have some very exciting news about us.
We are very excited and incredibly humbled to have been selected as a finalist in the Boutique Law Firm of the Year Award category of the Australian Law Awards 2023 and that our founder and Principal Lawyer, Chris Johnston has been recognised as a finalist in the Mentor of the Year award.
Boutique Law Firm of the Year
As a boutique law firm based in little old Adelaide, in South Australia and to be shortlisted as a finalist in 2 categories for a national award such as this is a remarkable achievement. The Australian Law Awards is highly regarded across Australia’s legal sector, so we are extremely proud of this recognition.
While it is tempting to think that we are punching above our weight, we remind ourselves that we are the biggest immigration law firm in South Australia. We do believe that specialising in immigration law allows us to provide specialist expertise to our clients to match national big firms while keeping our boutique small practice attitude and offer a personalised approach to our clients and their matters.
For us being named as a finalist is a recognition of our hard work and our commitment to providing ethical, professional and excellent service to our clients.
Mentor of the YearA lot of people know about Australian migration law or about Australian visas by watching Chris in our videos on YouTube and recently in TikTok or by accessing our websites for our articles. But in addition to Chris sharing his knowledge and experience through YouTube or our website, Chris is also sharing his knowledge and time and guiding law graduates and Registered Migration Agents as a mentor.
It is Chris’ belief that mentoring the new professionals is a way to contribute to the advancement of the profession.
Chris was able to establish and grow Work Visa Lawyers by having the invaluable guidance of his mentors and sees the importance of mentoring not just to help up and coming law professionals but also for him to grow and to learn from his peers and develop as a legal professional.
Chris was mentored by some great people including Lawyer Joanna Richardson and RMA Brian Jones.
We take this opportunity to thank all our clients, for their trust and for referring us on to their family, friends and contacts and for engaging with us through our various social media platforms.
Awards night will be on 11 August 2023 in Sydney and whether we win or not, we are celebrating nevertheless and giving ourselves a pat on the back.
The Albanese government’s review of Australia’s migration system has recently been released, which has considered some possible options to reform the current parent visa system.
Large backlog
Within parent visas, the two main types are Parent visas which have a lower cost, and Contributory Parent Visas, which require a contribution of $43,600.
Parent visa – processing time of approx. 40 years.
Contributory parent visa processing time of 15 years
Hi economic cost
The migration review suggest that each permanent Parent migrant is estimated to cost approximately $400,000, which includes access to Centrelink services Medicare services in aged care services. Meaning of demand for permanent Parent visas would come and a very high cost.
Possible reform options:
Here are some of the reform options considered by the panel in the migration review final report. Number one a lottery approach to prevent Visa backlogs. A lottery approach would have the benefit of preventing further Visa backlogs, given the high waiting times already in the process. The review recognises that Canada New Zealand are examples of clearing the backlog of applications by adopting a little lottery approach. Additionally, if the lottery approach is adopted in Australia, the responsibility of post arrival, support services may rest heavily with the sponsor child. However, this is just one of the suggestions, and there is doubt as to whether a lottery approach will be adopted in Australia.
Option two improving temporary parent Visa parts.
The current sponsored parent temporary subclass 870 allows parents to visit and stay in Australia for up to 3 to 5 years is a maximum period in Australia 10 years. The 870 also includes a payment of $10,000 for the five year Visa, The review raises concerns that the period of stay is too long for parents, which may lead to a situation where they are willing to depart Australia due to losing their home connections in their country of citizenship. The review suggests the period of stay should be made shorter. The suggestion is parents can stay in Australia with a maximum of 12 months within any given 18 month period with multiple travel facilities.
Option three removing access to permanent migration.
Considering the factors of the high economic cost and detrimental demographic effects, the review suggests further come, potentially completely removing access to permanent migration parents.
Reflecting upon the options put forward, it all looks pretty grim. The existing parent Visa system is definitely not working well, and the waiting times are getting ridiculous. The parent lottery system seems to offer some benefits in terms of processing times, but may leave everyone feeling on edge and waiting for a result that may not happen.
Certainly making temporary visas, easier to get, and perhaps increasing the need for comprehensive insurance, maybe a way forward.
So, we’ll just have to wait and see what the path forward is from the Australian government.
So, this is an update on the suggestions from the migration review, final report Ending
Are you over the age of 45 and considering migrating to Australia?
The Australian visa system offers several options specifically tailored for individuals in your age group. In this article, we will explore seven visa pathways that could open doors to work, live, or reunite with loved ones in Australia. From employer-sponsored visas with relaxed age restrictions to family-related pathways and investment opportunities, there are diverse options to suit your circumstances. Join us as we delve into the details of each visa, highlighting key requirements, concessions, and benefits. Please note that while this information provides a helpful overview, it is crucial to consult with an immigration lawyer or registered migration agent to obtain accurate and up-to-date advice based on your specific situation. Let's embark on this exploration of Australian visa options for individuals over the age of 45 and uncover the possibilities that await you.
The Designated Area Migration Agreement, or DAMA, is an employer-ponsored visa program that allows businesses in specific regional areas of Australia to sponsor skilled workers. Unlike other visa programs, the DAMA Visa has relaxed age restrictions, making it an attractive option for individuals over 45 but under 55. If you have can secure a relevant employer in designated regional area, this could be a viable pathway for you.
One of the notable concessions of the DAMA Visa is the relaxation of age restrictions. Unlike many other visa programs, the DAMA Visa can have an age concession for some occupations up until the age of 55.
In addition to age concessions, the DAMA Visa also offers salary concessions. The DAMA allows employers in designated areas to pay a salary that is below the Temporary Skilled Migration Income Threshold (TSMIT) which from 1 July 2023 will be $70,000. This means that employers can offer a slightly lower salary to sponsored individuals compared to other visa categories.
Another advantage of the DAMA Visa is the expanded list of skilled occupations available for sponsorship. The DAMA provides access to additional occupations that are not on the standard list of eligible skilled occupations for other visa programs.
These concessions and benefits make the DAMA Visa an attractive option for individuals over 45 who are looking to migrate to Australia and work in specific regional areas. If you have a job offer in a DAMA-designated area and meet the skill requirements, I highly recommend considering the DAMA Visa as a pathway for your migration.
This script provides an overview of the DAMA Visa and its concessions for individuals over 45. It is important to consult with an immigration lawyer or a registered migration agent to obtain accurate and up-to-date information based on your specific situation.
The Global Talent Visa is designed for individuals who possess exceptional talent or have outstanding achievements in specific target sectors. The target sectors are mostly tech focussed and are listed on screen.
The standard requirements for the GTV apply up until the age of 55.
After the age of 55, you must be of exceptional benefit to the Australian community. If you have the skills and experience that Australia needs, the Global Talent Visa might be the right choice for you.
The Temporary Skill Shortage Visa, commonly known as the 482 Visa, is an employer-sponsored visa that allows skilled workers to work in Australia for a temporary period. While there is no specific age restriction for this visa, it is important to note that sponsors need to demonstrate that they cannot find a suitable Australian worker for the position. If you have a sponsor and meet the skill requirements, the 482 Visa could be an option for you.
But the 482 is only a temporary visa. But in limited circumstances, it can lead to PR for those over 45.
The Partner Visa category allows individuals who are in a genuine and committed relationship with an Australian citizen or permanent resident to apply for a visa. Unlike other visa options, there is no age limit for the Partner Visa. If you are in a relationship with an Australian partner and can demonstrate the genuineness of your relationship, this pathway could be the right fit for you.
The Parent Visa category is available for individuals who have children who are Australian citizens or permanent residents. While there is no age limit for this visa, it is important to note that there can be significant processing times and financial requirements associated with this pathway. If you have children who are Australian citizens or permanent residents, the Parent Visa might be worth considering.
The Significant Investor Visa is a pathway for high-net-worth individuals who are willing to invest a substantial amount in Australia. To be eligible for this visa, you must have at least 5 million Australian dollars to invest in approved investments. Age is not a limiting factor for the Significant Investor Visa, making it an attractive option for individuals over 45 with significant financial resources.
Watch the video now:
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:
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New Direct Pathway to Australian Citizenship for eligible New Zealand citizens.
From 1 July 2023, New Zealand citizens who are long-term residents of Australia will be able to apply for Australian citizenship without first having to obtain a permanent visa
New Zealand citizens in Australia will be able to apply for citizenship after four years of residence in Australia without having to obtain a permanent visa first.
This will be viewed favourably by many New Zealand Citizens.
There may be some talent drain from NZ, plus migrating to NZ just got a whole lot more attractive!
When Will the Australian Citizenship Changes for NZ start?
From 1 July 2023.
Children of New Zealanders born in Australia – straight to Citizenship
From 1 July 2023, any child born in Australia on or after 1 July 2022 to an special category 444 holder - may at birth automatically acquire Australian citizenship.
Please note, the changes effectively backdate eligibility to 1 July 2022.
Positives for Australia from Giving Access to Citizenship to NZ Citizens:
How will the changes to NZ eligibility to Australian Citizenship be effected?
The changes will be effected through the residence requirements for Citizenship by Conferral in the Australian Citizenship Act 2007.
To meet the general residence requirement an applicant must be lawfully present in Australia for four years, including 12 months as a permanent resident, immediately before the date of application.
From 1 July 2023, directy from the Home Affairs Website:
“All New Zealand citizens holding an SCV will be considered permanent residents for citizenship purposes.
New Zealand citizens granted an SCV before 1 July 2022 will have their period of permanent residence for citizenship purposes backdated to 1 July 2022.
New Zealand citizens granted an SCV for the first time on or after 1 July 2022 will be considered a permanent resident for citizenship purposes from the date of their SCV grant.”
Positives of NZ eligibility to Australian Citizenship for Australia:
The changes will provide a strong incentive for New Zealanders to consider moving to Australia.
Negatives for of NZ eligibility to Australian Citizenship for Australia:
There is no cap or control on how many NZ turn up on temporary work visas – the Special Category Visa 444. So this move could put pressure on:
- Housing
- Infrastructure
Australia’s rugby teams will improve!
Negatives of Australian Citizenship changes of 2023 for New Zealand?
New Zealand will face the challenge of a brain drain or loss of talent to Australia.
Living in South Australia, this is a challenge for where many young people choose to move to Melbourne and Sydney for employment or the bright lights.
Unfortuntately, NZ may experience the negatives of many of its young adults choosing to go to Australia.
Positives for New Zealand in Giving Access to Australia Citizenship:
New Zealand Citizens will be able to feel more confident about having a real future for themselves and their children in Australia.
There the announcement that the TSMIT, or Temporary Salary Minimum Income Threshold, will go up from 1 July 2023, from $53,900 to $70,000. The TSMIT questions are going to start with the simple ones and get increasingly more complicated.
Watch the video below to have your questions answered:
Question 1:
I Holding a 482 visa granted in March 2022, with a salary of 55,000 and my Visa expires in March 2026. Will my salary go up to the new TSMIT of $70,000 from 1 July 2023?
A: Sorry to break the bad news, that for existing 482 holders your salary will not go up from 1 July 2023.
Question 2:
Do I have to lodge both my nomination and visa applications before 1 July 2023 if my salary is under $70,000?
A: No, the TSMIT is only a nomination requirement. As long as the nomination is lodged before 1 July 2023, the visa can be lodged after that.
Question 3:
Working holding the 482 visa since October 2020, my employer is planning to sponsor me for 186 temporary residence transition stream once I meet three years on the 482 in . I am a veterinary nurse* earning just above award $55,000, will the TSMIT apply to my new 186 TRT application?
A: Your salary of $55,000 would not meet the nomination requirements for 186 TRT after 1 July 2023. Your employer would need to nominate a salary of at least $70,000. This may even extend to certain applications for 186 under the labour agreement stream.
Will the income requirement for 491 visa holders, in terms of applying for a 191 visa, be subject to the TSMIT going up to $70,000?
A: The income requirement is to be provided by 191.222(3) which provide the Minister may, by legislative instrument, specify an amount. The Minister is yet to put a legislative instrument in place for the 191 visa. This means that there is a legislative vacuum or lack of details on what the salary amount might be. This lack of criteria could lead to any and many refusals being appealed to the AAT and courts and could ultimately cost the Australian government and taxpayers millions in cost. Not to mention all the lives put on hold and legal fees paid by those appealing. Let’s hope a legislative instrument is put in place soon. What is the saying - A stitch in time saves nine. If you would like to take some active steps to encourage the Department of Home Affairs to clarify the situation, then you could ask your local Federal Politician to contac the Minister of Immigration.
Work Visa Lawyers is doing what it can to encourage clarification on this issue. We have asked the peak professional membership body for migration professionals, the Migration Institute of Australia to raise the 191 salary issue. We have also directly emailed the Department of Home Affairs General Skilled Migration section to raise the 191 salary issue. Thanks for your questions. We will do further posts on the 191 visa requirements as soon as details become available. We do our best to bring all the latest updates and most relevant news for potential migrants.
This article is updated regularly. Last updated: Tuesday 9th September 2024
The Genuine Temporary Entrant (GTE) is a requirement almost all migrants will have to pass in the process of immigrating to Australia. Failing the GTE requirement can result in a devastating visa refusal. Here is what you need to know about the GTE criteria so you don’t receive a visa refusal notification.
GTE is short for Genuine Temporary Entrant. Based on the documents provided by the applicant, the Department of Home Affairs (DHA) will determine whether the applicant has a true purpose of temporary stay and the intention to stay in Australia for the time being.
The key to meeting the Genuine Temporary Entrant requirement, is being able to demonstrate a range of strong incentives to leave Australia at the end of the temporary visa.
The DHA will consider the applicant's background in their home country, the immigration history, the incentive to stay in Australia or return home. If you do receive a GTE visa refusal you may have the option to appeal and review the decision.
DoHA looks at factors which might make you wish to not return to your home country:
Political or civil unrest
Military service commitments
Your financial circumstances in your home country
The DoHA will also look at factors which would encourage you to return home such as, if you have a job back home, and have approved study leave. Another example would be if you have a business or personal assets in your home country, or close family members this may also be considered.
If you have spent a long time in Australia, DoHA may consider that you are seeking to extend your stay in Australia and work here.
If you have had previous visa refusals/cancellations
Any previous issues with visa compliance - for example not completing studies on previous student visas, working in excess of work conditions, overstaying your visa
From 23 March 2024, the Genuine Temporary Entrant (GTE) requirement for a student visa has been replaced by the Genuine Student (GS) requirement.
All applicants for a student visa must demonstrate that their primary intent in entering Australia is to study. They must maintain their status as a student and fully understand that the main purpose of their visa is education.
The Genuine Student requirement ensures that students come to Australia with education as their primary goal and develop skills that meet the country’s needs. After completing their studies, these students may be well-positioned to apply for permanent residency if their qualifications align with Australia's skill requirements.
As part of the student visa application, you must show genuine intentions to study in Australia by addressing the following questions:
Details of your current circumstances, including ties to family, community, employment, and economic factors.
Reasons for choosing this course.
Why you selected the particular education provider.
Your understanding of the course requirements and the experience of studying and living in Australia.
How completing the course will benefit you.
If applying for a student visa while holding another visa type: reasons for not originally applying for a student visa.
Difference between Genuine Temporary Entrant and Genuine Student:
The major difference between GTE and GS is that under GTE, international students had to prove they would return to their home country after completing their studies, which is no longer the case.
GTE required a 300-word statement included in the application form, whereas GS consists of a set of questions with a 150-word limit each, providing more space for students to explain themselves.
Evidence documents to support the facts you listed in your statement should be provided at the time of application as well.
For example, if the applicant mentions that his future goal is to return home and open a restaurant, he can explain it in his GTE and prepare a corresponding business plan for opening a restaurant. However, if an applicant only said in his GTE statement, “I applied because I like it very much.” Such claim is not convincing and will not meet the GTE requirements.
Below is a real example of a refusal that a client received before consulting with Work Visa Lawyers.
Please note that it is common for a case officer to call you and ask you questions about your reasons for study in Australia. You may not receive any notice of this, so it is very important that you are prepared to discuss your case.
In short, no, but the majority of visas do use GTE requirements. The GTE is important because it applies to all Visitor Visas and some of the Temporary Visas. To put this in perspective, the Australian Bureau of Statistics recorded 780,500 Visitor visa movements in September 2018. Keeping the same amount of movements per month, in a year there would be 9,366,000 Visitor Visa movements. This means that nearly 10 million people would have had to pass the GTE requirements.
Some of the most common Temporary Visas that have the GTE criterion are:
Student visa subclass 500 Recently released migration system review report has suggested that the GTE criteria for Student visa subclass 500 applications be replaced with something called Genuine student test, which will be focused on assessing whether the student has genuine studying intentions as compared to GTE where focus is on assessing whether the student is coming to Australia on a temporary basis and will not live here permanently.
It is important to remember that the GTE is often not the only criteria you will have to meet. For example, the Short-term stream subclass 482 which replaced the popular subclass 457 recently, has many requirements including IELTS and other skills assessments.
It is also important to show a range of documents to demonstrate an incentive to return home. These could include: - Employment to return to in home country. - Close family ties and responsibilities in the home country - for example, if you are married and your partner is staying in home country during the visit, this is a positive GTE factor. - Ownership of property or businesses in home country
Do you need help with an Australian visa application?
Lawyers and Registered Migration Agents from Work Visa Lawyers have rich experience in drafting GTE statements. If you need any assistance, please feel free to contact our team.
At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications, including state sponsorship applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.
If you require further information regarding your Australia visa options you can contact us through:
(08) 8351 9956
or This email address is being protected from spambots. You need JavaScript enabled to view it.
I've recently started a separate business called Australia Study Team which assist students with choosing their courses and enrolments and student visas.
Australian Study Team has a YouTube channel which you can subscribe too to get information about Australian education providers, student visas and settlement support.
Please watch the video below about the latest Australian immigration news for June 2023.
Skill Select Round Results.
The skill selects results for the round of the 25th of May 2023 are now available. Skilled independent Visas 189 7353 invitations. Skilled Regional Provisional Family sponsored 491 74 invitations.
This last invitation round for the migration year is very narrowly focused on occupations given priority and direction 100, which is health and teaching. Most occupations got invited at 65 points while this was a rather modest invitation round.
There's no need to be too disappointed because there'll be plenty of allocations available when the new migration program opens up from the 1st of July 2023.
TSMIT increase from the 1st of July 2023.
Many questions about the increase in the TSMIT were raised after the Immigration Department announced the rise from the 1st of July 2023. The TSMIT will increase from 53,900 to 70000.
New nomination applications from this date will need to meet the new requirement of 70,000 or the annual market salary, whichever is higher. This change will not affect existing visa holders and approved nominations lodged before the 1st of July 2023.
The new Aged care Industry Labor agreement will also not be affected.
The migration program levels were recently announced. The total is at 190,000 for the year.
This is a high level with most categories of visa being as high as they were or similar to last year, including the 189, the 190, the 491 and the employer sponsored visas.
See our separate video on the planning levels for 2024 and for specific comments on the global talent visa and the SIV visa.
SA Skilled and Business Migration Closure.
On Thursday the 8th of June 2023, at 4 p.m., the following programs will be closed. General skilled migration Direct applications for nine one, two and 190. And Business Innovation and Investment program. The one A Those South Australian programs will open up again sometime after the 1st of July 2023.
Parent Visas
The current system has led to an exceptionally high level of demand for places resulting in a backlog of visa applications.
Parent visa applications are facing waiting times of up to 30 to 50 years. Contributory parent visas are more like 15 years. The Migration Review Final Report proposed a lottery system.
A lottery approach has been considered as a potentially effective option for avoiding further backlogs and managing the huge demand for the permanent parent visa program.
The review recognizes that Canada and New Zealand have put forward lottery systems to help them manage their parent visa approach.
We are making a separate video on the parent visa situation. And please look at that video for further details.
Freedom of Information Result for the Occupation of accountants.
The number of skilled independent subclass 189 and state territory nominated 190 visas granted to general accountant and external auditor from the 1st of July 2022 to the 13th of February 2023.
So here are the grant numbers. The 189 skilled independent Visa Accountant General, 69 Grants External Auditor 23 grants, the 190 skilled nominated Accountant General 566 grants. External Auditor 56 grants.
So for all of those aspiring applicants in terms of accounting related occupations, the take home news that I get from this is that overwhelmingly your best chance of getting a skilled visa is through the state nominated 190 where there's over 600 visas being granted during that time compared to less than 92 for the 189 in the same period.
Changes to prevent migrant worker exploitation with new protections announced.
The Minister of Immigration, Citizenship and Multicultural Affairs, Andrew Giles, committed today to introducing three important protections for migrant workers.
Firstly, protection against visa cancellation, especially for those that may be suffering exploitation.
Secondly, flexible visa requirements for future sponsorship visas. This would involve extending the allowable time between employer sponsorships from the current 60 or 90 days to 180 days or half a year.
Thirdly, a short-term visa to bring claims for wages that are owed and hold exploitative employers to account that would recommend action is actually something which we put forward and I'm sure many other people put forward to the Migration Review.
Well, I think we called a vulnerable persons visa, but the idea is some people who have been exploited need the opportunity to apply for another visa to help them get out of that situation.
An additional 50 million will be provided to the Australian Border Force to help enforce the new laws. Government to attract health workers. In essay with financial incentives of up to $15,000. Hundreds of more professionals, including nurses, midwives, doctors and mental health professionals, have been encouraged to move to South Australia under the Government's new support system, which promotes competitive pay and career opportunities in South Australia.
As well as promising a great lifestyle.
Initially targeting workers from interstate and New Zealand as well as from the UK, the government campaign offers a better place to live and work in South Australia.
Successful applicants who sign contracts with SA health this year will be eligible for financial reimbursements of up to $15,000.
India and Australia announce a migration deal.
The announcement came after the Indian Prime Minister Narendra Modi met his counterpart, Anthony Albanese, in Sydney. The deal aimed to promote the two-way mobility of students, graduates, academic research and businesspeople. They also discussed regional security amid rising tensions in the region.
How can Work Visa Lawyers help?
Work Visa Lawyers is highly experienced in all parts of the visa application process. We are able to assist with all aspects of the application, and can also provide advice in relation to:
Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Global Talent EOI, visa application or appeal.
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.
This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent (like Work Visa Lawyers) to form an informed opinion on your immigration matter.
he Australian Immigration Planning Levels have just been released.
This give everyone a clear guidance on the visas where there are opportunites in 2024.
Visa Stream
Visa Category
2022-23 Planning levels
2023-24 Planning levels
Skill
Employer Sponsored 186
35,000
36,825
Skilled Independent 189
32,100
30,375
Regional 491 and 494
34,000
32,300
State/Territory Nominated 190
31,000
30,400
Business Innovation & Investment 188 siv
5,000
1,900
Global Talent (Independent)
5,000
5,000
Distinguished Talent
300
300
Skill Total
142,400
137,100
So it really is the case of the same high level of opportunity than in 2023.
In the GSM space, points based 189 190 and 491, this means get ready with skills assessment and English and EOI done.
Because you need an EOI in it to win it.
Some things to consider – the mega round of 189 really cleared out the applcants and brought the points down. With another 30,000 189s, then still plenty of offshore opportunity.
The Global talent and Distinguished talents the same.
The Business visas, with only 1900 spots may go fast, Expect the states to get fussy.
With the planning levels set, then the action might start pretty fast after 1 July 2023
The Migration System Final Report for 2023 has put forth a series of recommendations that could potentially bring about noteworthy modifications to the employer-sponsored migration program in Australia, with potential ramifications for the Temporary Skill Shortage (TSS) visa program. Among the key proposals outlined in the report, several significant changes have been suggested.
This article highlights the main recommendations and their potential impact on the TSS visa program:
TSMIT up to $70,000: The report suggests increasing the Temporary Skilled Migration Income Threshold (TSMIT) up to $70,000. TSMIT is currently set at $53,900 and is the minimum salary that must be paid to skilled overseas workers under the TSS visa program. The government acknowledges it will exclude approximately 30% of the current users of the TSS program with this change, and a primary purpose for the change is to promote.
Possible removal of LMT requirements: The report proposes removing the requirement for employers to undertake labor market testing (LMT) before sponsoring a worker under the TSS visa program. LMT requires employers to advertise job vacancies locally before offering them to overseas workers.
Possible removal of occupation lists: The report suggests removing the occupation lists that currently restrict which occupations can be sponsored under the TSS visa program. This would give employers more freedom to sponsor workers in any occupation where there is a skills shortage.
Greater freedom of movement between employers: The report proposes giving sponsored workers greater freedom to move between employers. Currently, sponsored workers can only work for the sponsoring employer and there are barriers to changing employers, which makes certain workers more vulnerable to exploitation. It is unclear what parameters would be changed to make moving employers easier for applicants, and we will need to wait for more detail on this from the Government. Changes that make it too easy to change employers could lead to Australian businesses being out of pocket for going through lengthy and expensive sponsorship processes for workers who might not work long enough to justify the expenses.
SAF change to monthly payment instead of upfront: The report suggests changing the Skilling Australians Fund (SAF) payment structure to monthly payments instead of the current upfront payment. SAF is a levy that employers must pay when sponsoring a worker under the TSS visa program, which is used to fund training for Australian workers. This change would assist a common problem with the nomination process: the upfront cost is too high. It would also reduce the loss should an employee move on to a new employer in Australia or return home. However, regular payment could lead to greater business administration in ensuring the payments are delivered on time and more government work in assuring payments are being made. Some businesses may still choose to pay upfront if the option remains.
If these proposals are implemented, they could significantly impact the TSS visa program and employer-sponsored migration in Australia. The proposed changes could make it easier for employers to sponsor workers, increase flexibility for sponsored workers, and help to address skills shortages in the Australian labour market. However, it is important to note that these proposals are not yet final and will need to be considered by the government before any changes are made.
In conclusion, the Migration System Final Report for 2023 has proposed several changes to the employer-sponsored migration program, including the Temporary Skill Shortage (TSS) visa program. These proposals aim to increase flexibility for employers and sponsored workers, simplify the visa application process, and better address skills shortages in the Australian labour market. However, it is important to note that these proposals are still subject to government consideration and may be subject to change. If implemented, the proposed changes could significantly impact the Australian migration system and the Australian economy essential for businesses and individuals who rely on the employer-sponsored migration program to stay up to date with any changes that may be implemented in the future. For now, many of these changes are broad concepts and it may be some time before the Department announces further detail on how such changes might work.
If you are looking to apply for an employer-sponsored visa or sponsor a worker for a visa, you can book a consultation to discuss your visa options. We are experienced in all types of Employers Sponsored visas.
Our areas of expertise also include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas, and the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.
How can Work Visa Lawyers help?
Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your visa application or appeal.
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.
This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent (like Work Visa Lawyers) to form an informed opinion on your immigration matter.
Since the Federal Labor government came into power in May 2022, there had been a number of concerns raised in relation to the future of the Global Talent Visa (subclass 858). However, based on the recently released Review of the Migration System and the speech of the Minister for Home Affairs, the Hon Claire O’ Neil MP, it seems that the Global Talent Visa still has a place in Australia’s migration system and the this visa still has a bright future.
The concerns about the future of the Global Talent Visa came about when the Australian government significantly decreased the allocations for this visa from 15,000 places to just 5,000 places. The visa also got de-prioritised and the Global Talent Attraction Officers’ roles had been changed which resulted to the significant slowing down of the processing of the Global Talent visa Expressions of Interest (EOIs) and of the visa applications. Before this visa got de-prioritised, some EOIs was being processed in about 2 days to about 1 month and the visa granted within a month (or less) depending on the health and character checks. It now takes 4-6 months for prioritized EOIs to get a response and about 7 months for Global Talent Visa applications to be decided.
Some even feared that the Global Talent visa will be abolished because of the perceived government attitude towards the Global Talent Visa and their preference for employer sponsored visas, independent skilled and regional visas.
However, based on the report and the Minister’s speech, the Global Talent Visa will still be a good option for those high-performing, specialized highly skilled, highly paid professionals who have the skills, talents and innovative spirit that Australia wants and needs to create jobs, help the economy, raise Australia’s technical and academic standards, and its competitiveness in the global market and contribute to Australia’s growth.
If you are interested in the Global Talent Visa or needs help with this visa, Work Visa Lawyers can assist you.
Work Visa Lawyers is highly experienced in all parts of the Global Talent visa application process. We are able to assist with all aspects of the application, and can also provide advice in relation to:
documents to demonstrate your skills and ability to attract the FWHIT salary
Work Visa Lawyers will provide an eligibility assessment before advising you to proceed with a visa application.
Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Global Talent EOI, visa application or appeal.
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.
This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent (like Work Visa Lawyers) to form an informed opinion on your immigration matter.
