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Australian Immigration News – November 2024

In this blog, we’ll cover the latest updates in Australia’s migration policies, including key information on the new Skills in Demand Visa, the Core Skills Occupation List, the National Innovation Visa and important health and family violence provisions.

We’ll also discuss the fast-tracking of registration for doctors, fee increases by VETASSESS, the November 189 invitation round, and the Occupation Shortage List released by Jobs and Skills Australia.

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Skills in Demand Visa Updates

The Skills in Demand Visa was announced as a major reform, but now it turns out the Skills in Demand Visa is essentially just the same as the Temporary Skill Shortage (TSS) 482 Visa.

The Skills in Demand Visa (SID Visa) will retain the same subclass as the 482 Visa, meaning it will still be the Skills in Demand Visa subclass 482.

It will be a temporary skilled worker visa valid for up to 4 years with a clear pathway to permanent residence.

The Skills in Demand Visa will have three streams: Specialist Skills, Core Skills, and Labour Agreements.

  • Specialist Skills Stream: For highly skilled migrants earning at least $135,000 in any occupation except trades workers, machinery operators, drivers, and laborers.
  • Core Skills Stream: For skilled employees, with a new Core Skills Occupation List and a Core Skills Income Threshold. We are still waiting for the government to release the Core Skills Occupation List. Any significant change will be if your occupation is not on the new Core Skills list—then you may miss out.

And where is the Essential Skills Pathway? It seems it will be the Labour Agreement stream.

For the new Skills in Demand Visa, the work experience requirement will be reduced to one year, as the department had previously announced for the 482 visa from November 23, 2024.

As the 482 TSS Visa will be replaced by the 482 SID Visa, the existing short-term and medium-term streams of the TSS Visa will close to new applications.

National Innovation Visa

The National Innovation Visa will replace the Global Talent Visa but remain a Subclass 858 visa.

This visa will provide opportunities for exceptional talent with diverse backgrounds, including:

  • Global researchers and thought leaders (e.g., published in leading journals, high levels of publications and citations, recipients of top-field awards)
  • Entrepreneurs, both established and emerging, with lessons from successful State and Territory-led initiatives
  • Innovative investors with a focus on the quality of investment, not just simple thresholds
  • Athletes and creatives, particularly those representing Australia internationally

Applications will be by invitation only, and the Expression of Interest (EOI) process will closely reflect that of other invitation-only visas.

New Family Violence Provisions

A big change started on October 15, 2024. The Migration Amendment Family Violence Provisions for Skilled Visa Applications allow secondary applicants in seven permanent Skilled visa subclasses to access family violence provisions. These subclasses include the 186 visa, 187 visa, 189 visa, 190 visa, 191 visa, Global Talent, and 887 visa.

This means that secondary applicants can be granted visas even if their relationship with the primary applicant has ended, provided they or a dependent child have experienced family violence from the primary applicant.

Important Changes to Australia’s Migration Health System

Children born and living in Australia are now exempt from health-related criteria that could have previously made them ineligible for a visa.

What has changed?

The Public Interest Criteria 4005 and 4007 have been updated to exempt child visa applicants born and residing in Australia from specific health-related requirements that may have previously disqualified them for a visa due to potential healthcare or community service costs to Australia.

This change affects visa applications submitted before or after October 16, 2024, including those under merits review.

189 Invitation Round – November 2024

Another 189 invitation round took place in the first week of November 2024. This is the third round in 2024. The first 189 Invitation Round was in June, the second 189 Invitation Round in September, and now the third 189 Invitation Round in November.

A range of occupations were invited, mainly with 70 to 85 points for teachers, health, and construction occupations, and 90 to 100 points for other occupations.

Some occupations invited included:

  • Engineers with a minimum of 75 points
  • Architects with a minimum of 70 points
  • Social workers with 75 points
  • Internal and external auditors with 90 points
  • Accountants with a minimum of 95 points

As soon as the Department of Home Affairs releases the full list of invitations, we will make a blog and post more details about it.

Australian Immigration

VETASSESS Fee Increase and Pause in Priority Processing

Starting November 20, VETASSESS will increase the fees for professional and general occupations for a full skills assessment from $1033 to $1070. The Graduate Visa assessment fee will increase from $392 to $406.

VETASSESS will also pause accepting applications for its Priority Processing on December 1, 2024.

This pause will give VETASSESS time to process and complete applications before the Christmas shutdown on December 20, 2024. The VETASSESS head office will reopen on January 6, 2025.

190 and 491 Updates

New South Wales is now accepting applications for the 491 Visa Pathway 1 and Pathway 3.

  • Pathway 1: For people working in regional NSW for the past six months with a single employer.
  • Pathway 3: For graduates from regional NSW.

Given the limited allocation, we recommend submitting your Expression of Interest (EOI) as soon as possible.

South Australia has been sending notifications to people that are not being invited for 190 visa or 491 visa state nominations.

This is often happening if your Visa is expiring soon. So South Australia is giving people the heads up of not being invited so they can consider other things are options before their Visa expires.

The applicants are receiving the following email: "NOT INVITED - Thank you for your Registration of Interest for South Australian State Nomination. Regrettably, your application has not been chosen for invitation at this time". 

They have been lots of hospitality occupations such as chef receiving not invited.

The other states are issuing their regular invitations based on the criteria specific to each state.

If you have received the "NOT INVITED" email from South Australia, or if you have not received an invitation from other states or territories, we recommend considering other visa options, such as employer-sponsored visas like the 186 visa, 482 visa, or 494 visa, or partner visas if you have a genuine relationship with an Australian.

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Occupation Shortage List – Jobs and Skills Australia

Jobs and Skills Australia has released the Occupation Shortage List to help you check if your occupation is in shortage in each state or territory.

For example, the occupation of chef is on the shortage list in all states and territories, while cooks are only on the shortage list in some, such as New South Wales, Queensland, Western Australia, and Northern Territory, but not in Victoria, South Australia, Tasmania, or ACT.

This list is a data tool to check occupation shortages and is not directly related to immigration or your ability to apply for a 189 visa, 190 visa, 491 visa, or any employer-sponsored visas.

However, it could influence which occupations will or will not be included on the Core Skills List, which is expected to be released at the end of the year when the government launches the new Skills in Demand Visa.

Fast Tracking for Trades in the Building Sector

Business Council of Australia Calls for Fast-Tracking of Trades in the Building Sector The Business Council of Australia is advocating for new measures aimed at local and state governments to expedite home approvals and increase supply.

This push highlights the growing emphasis on the building trades, which are currently receiving priority in the 189 visa rounds. 

In the latest invitation rounds, many trades in the building sector were invited with a minimum score of 65 points, indicating a strong focus on these professions.

Fast Track for Doctors’ Registration

Fast track for doctors’ registration Doctors from the UK, Ireland, and New Zealand now have their ability to practice in Australia fast-tracked. 

The new changes will allow international medical specialists to apply directly to the Medical Board of Australia and the Australian Health Practitioner Regulation Agency (AHPRA) for registration, rather than going through an individual assessment by a specialist college like the Royal Australian College of General Practitioners (RACGP). 

This significant change will eliminate unnecessary regulatory barriers and enable international specialists from similar healthcare systems to work in Australia sooner.

IELTS Updates

Registered Migration Agents now have access to the IELTS Results service that enables them to verify applicants' IELTS test scores to ensure the results are authentic and reliable before submitting them to the Department of Home Affairs.

US Election and Canada Immigration Cuts

How will the US Election win affect Australian immigration?

I’ll discuss four possible effects of the US election result on Australian migration:

  1. Themes could be adopted from the US election following Trump’s victory, possibly leading to more negative sentiments about migration.
  1. Migration policy changes could occur, leading to lower migration targets.
  1. The Australian economy and migration could be affected by US policies, especially regarding tariffs on China, Australia's largest trading partner.
  1. Some people in the US may look to move to Australia, as we’ve already received inquiries.

Canada’s Immigration Cuts

Canada has announced a 21% reduction in immigration for 2025 to pause population growth.

Could something similar happen in Australia?

Based on the US election, the short answer is yes, there will likely be cuts.

These were the main updates that took place in Australian immigration in November 2024. More updates are expected later this year, such as the opening of the new Skills in Demand Visa and the new National Innovation Visa.

If you need any assistance applying for an Australian visa, please contact us.

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Souces: 

https://www.vetassess.com.au/news/change-in-assessment-fees-for-professional-and-general-occupations

https://www.vetassess.com.au/news/summer-office-hours-and-pause-in-priority-processing

https://immi.homeaffairs.gov.au/visas/domestic-family-violence-and-your-visa/family-violence-provisions

https://www.legislation.gov.au/F2024L01288/asmade/text

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

https://www.jobsandskills.gov.au/data/occupation-shortages-analysis/occupation-shortage-list

 

 

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Occupations that need to be on the Core Skills Occupation List and Why! 

As the Australian Government announced following the results and recommendations from the migration reviews undertaken in 2022 and 2023, the TSS (Temporary Skills Shortage) 482 Visa will be replaced with the new Skills in Demand Visa (SID Visa) Subclass 482. This new Skills in Demand Visa and provide more flexibility to workers and employers and is planned to be implemented in the end of 2024.

The Skills in Demand Visa will have three streams: Specialist Skills, Core Skills and Labour Agreements.

In this blog, we will discuss the most popular stream of the Skills in Demand visa: the Core Skills pathway.

In connection with this, Jobs and Skills Australia (JSA) opened a consultation on the new Core Skills Occupation List (CSOL). The Draft Core Skills Occupations List is an important component of Australia's evolving migration strategy. This draft list categorizes occupations into different streams based on their importance to the economy and the current labour demand, providing a structured approach to manage employer-sponsored migration more effectively.

The Core Skills Occupation List is being designed to identify occupations that are essential for Australia’s economic health, particularly those that are in shortage and can benefit from employer-sponsored migration and will be released soon.

The Core Skills Occupation List split into three categories:

  1. Confident On List – Occupations that Jobs and Skills Australia is certain should remain on the list.

Occupations such as Social Worker, Registered Nurse, IT Network Administrator and Diesel Motor Mechanic are on the Confident On List.

  1. Confident Off List – Occupations recommended for removal based on current labour market insights.

Occupations such as Cattle Farmer, Cafe or Restaurant Manager, Real Estate Representative and ICT Project Manager are on the Confident Off List.

  1. Targeted for Consultation – Occupations that require further input from stakeholders to determine their necessity and priority.

Occupations such as Finance Manager, Cook, Chef, Marketing Specialist, Hairdresser and Web Designer are on the Targeted for Consultation List.

We submitted a proposal to the Australian government highlighting the occupations we believe should be included on the Core Skills List.

Please see below for our full submission.

Submission:

The need for a comprehensive Core Skills Occupation List

Research by the University of Adelaide’s South Australian Centre for Economic Studies, The Potential Benefits of Reforming Migration Policies to Address South Australia’s Needs (2017)[1] found that the Employer Nominated Scheme (ENS) and the Temporary Work (Skilled) visa are relevant for addressing the skill shortages faced by South Australian employers. The research further states that the ENS, in particular has proven effective in meeting these skills shortages.

Further, according to the Migration Review (2023), one of the five core objectives that underpin Australia’s migration system is “making the system work by being fast, efficient and fair for migrants and employers”.  The Australian Government’s Review of the points test Discussion Paper (April 2024) notes changes to the points test as recommended by the Migration Review “would support a clearer delineation” between the Skilled Independent visa program which focuses on long-term prosperity and the Employer Nominated program which focuses on meeting immediate skills needs.

Considering the above, we submit that the Employer Nominated Scheme plays an important part in Australia’s long-term economic progress. And if the needed occupations are not on the CSOL will not be able to meet the needs of the employers. The needs of businesses vary greatly between industries and between major cities and regional areas and a wider CSOL is needed so that the employers can get the employees/workers they need.

In addition to the Public Interest Criterion (PIC) 4020 provision applicable to all visa applications, i.e., criterion that provides that a visa application might be refused if the applicant provides Bogus Documents or False/Misleading Information, there are a number of measures in place to protect and promote the integrity of the employer-sponsored program, including specific provisions under migration law prohibiting payment for sponsorship, Departmental monitoring and imposition of sanctions for breaches of sponsorship obligations and the genuine position requirement. The genuine position requirement for example is designed to help filter out applications which are not designed to fill labour shortages, but which are being used for the purpose of migration outcome. Such a genuine position requirement should also be built into the core skill visa.

There is nothing inherently better about having a shorter or more restricted list. With the significantly higher Temporary Skilled Migration Income Threshold (TSMIT) currently set at $70,000 a year, to be indexed going forward, employee sponsored visas are no longer focused on low paid occupations.

The Review of the points test Discussion Paper stated that “[n]early a quarter of skilled migrants work in a job below their skill level. ENS visa holders are least likely to work in a job below their skill level as they have to be employed in an occupation that matches their qualification and work experience.

Designated Area Migration Agreements (DAMAs) are useful, but the DAMA occupation lists do not include many key occupations and do not cover all regional Australia.  For example, Tasmania does not have a DAMA.

Needs of Regional Industries and Australians living in regional areas

The current starting point of the Confident On CSOL list seems to be heavily weighted towards jobs in large Australian cities and against regional located occupations. This is contrary to the needs of Australia. Australia’s export industry is mostly based in the regional areas and therefore there is a genuine need for the services of the skilled workers in regional Australia.

The Temporary Skill Shortage visa (subclass 482) currently has three occupation lists which are:

  • Medium and Long Term Strategic Skills List (MLTSSL)
  • Short Term Skilled Occupation List (STSOL); and
  • Regional Occupational List (ROL).

The Core Skills Visa is only planning to have one list, the Core Skills List. This means that that introduction of the Core Skills Visa leads to the abolition of the sc-482 Regional Occupational List (ROL). The needs of regional Australia continue and the Core Skill List needs to incorporate the occupations that were on the ROL.

Abolishing the Regional Occupation List means that regional occupations need to be built in the CSOL. There is currently congestion at major cities, i.e., Melbourne, Sydney and Brisbane.

Risks of a restrictive CSOL List

We believe the currently proposed very narrow Core Skills List has been influenced by the arguments of the Grattan Institute.

The Grattan Institute in March 2022 released a report, Fixing Temporary Skilled Migration: A Better Deal for Australia, where the institute provided their recommendations to address the issues relating to skills shortages, etc.  The Grattan Institute recommends, among other things, that temporary sponsorship should be reserved for higher-wage jobs in any occupation.  We submit that this recommendation poses risks for Australia’s migration program as a whole as discussed below. 

Grattan Institute’s recommendations pose a major barrier and could create or worsen skills shortages

The Grattan Institute is far too narrowly focused on the economic value of migrants through tax. Their model is to attract younger, higher-skilled migrants who earn high incomes and pay substantial taxes, in order to generate long-term fiscal dividends. Serious danger lies in adopting this model for our migration program as a whole.

Rather than focusing on meeting current labour-driven demands, the Grattan Institute advocates for granting permanent residency to migrants in higher-earning jobs who are expected to pay more tax over their lifetime. Based on economic modelling, the Grattan Institute contends this reform would consequently boost the federal and state budgets by billions over the next decade.

Adaption of the Grattan Institute’s recommendations could supply Chief Executives (ANZSCO 111111) and Taxation Accountants (ANZSCO 221113) to work in large cities while the regions are unable to access Disability Service Officers (ANZSCO 411712), Refugee Workers, Emergency Services Workers (ANZSCO 441211) and Motor Mechanic (General) (ANZSCO 321211).

Realistically, it will also severely worsen Australia’s housing, infrastructure and skills shortages problems.

Risk 1: Creating more skills shortages by focusing on high-skilled and high-earning occupations which will leave Regional Australia with crippling skills shortages while filling major capital cities with an influx of high-earning professionals

The Grattan Institute inspired migration policy focused on high earning occupations, works well to fill leafy areas of Melbourne and Sydney with highly paid professionals, while simultaneously depriving regional Australia of crucial workers. In the end this will only worsen massive skills shortage for aged care, childcare and agricultural workers. 

Migrants of varying skill levels have a great deal to contribute to the workforce, economic and social fabric of Australia. Their intrinsic value does not boil down to income and generated tax revenue. The recommendations put forward by the Grattan Institute are wholly antithetical to the aims of the migration program and would exacerbate, rather than solve, major challenges Australia faces today.

The emphasis should not just be on high skills, but on the jobs that need to be done.  If the Grattan Institute’s inherently short-sighted policies are implemented, the reality is hard-hit industries namely aged and disability care, childcare and agriculture will continue to unduly suffer. This is all the more problematic for regional Australia, which has long grappled with challenges in attracting and retaining skilled workers.

Risk 2: Rendering Australia exposed to significant challenges and weakening its sovereign capabilities in many aspects such as food production and transport

Adopting an overly narrow CSOL poses a serious threat to Australia’s sovereign capabilities.

Australia’s ability to feed its people relies on resources and infrastructure in regional Australia. Agriculture is the lifeblood of our nation. At the most fundamental level, we are reliant on the agricultural industry to meet our basic needs for food and produce. Labour shortages lead to diminished production and wasted yields, with the end result being higher prices for goods. Inflation in turn significantly impacts the cost of living for everyday Australians.

We do not accept the notion that the primary aim of the migration program is to increase and maximise tax revenue for the government through income tax generated from migrants, as is being championed by the Grattan Institute. The Grattan Institute’s approach relies on the assumption that everything important to Australia’s economy is founded upon a high salary. This is an unequivocally false assumption; many essential services in our society are provided through lower paid occupations which contribute to our health and wellbeing as well as food security, trade and the ongoing supply of vital goods.

List lag behind industry needs

The lists can often lag behind the needs of industry and businesses in terms of occupations.  This can particularly be in relation to ICT related occupations that are constantly developing.

We are finding a strong demand from industry for the occupation of User Experience Designer (ANZSCO 261113). We recommend the inclusion of User Experience Designer (ANZSCO 261113) on the CSOL.

Continued need for separate regional focused visas (sc-491 and sc-494)

It is useful to be given an opportunity to make submissions on occupations to be included for the upcoming Skills in Demand Core Skills Visa.  However, it should be noted that there is still an important role for regional focused visas with generous lists which extend beyond the Core Skills Visa.

The subclass 494- Skilled Employer Sponsored Regional (Provisional) visa  is a regional focused visa and while it has a generous list it is currently hamstrung by having the need for a skills assessment for all applicants and three years of relevant experience. These sc-494 requirements make it more demanding than the current sc-482 or the new proposed core skills visa.

For regional locations to have access to skills, sc-494 needs to be reformed to lessen the requirements, so that they are in line with those required for the core skill in terms of relevant qualifications and two years of experience, with no need for a skills assessment for the Core Skills Visa in most circumstances.

Detailed occupation suggestions

Draft CSOL Targeted for Consultation

There are a large number of farm management level positions which are currently on the “Targeted for Consultation” list.

We have previously done a range of these occupations for family businesses and for larger businesses that desperately needed skilled management personnel due to their regional locations with the following occupations having been important, i.e., Dairy Cattle Farmer (ANZSCO 121313) and Winegrape Grower (ANZSCO 121617).

As a country that has an agricultural industry worth about AUD$100 billion (in 2022-23)[2], Australia can benefit from having agriculture and production related professional occupations and therefore should be on the list including an Agricultural Consultant (ANZSCO  234111), Agricultural Research Scientist (ANZSCO 234114), Food Technologist (ANZSCO 234212), Wine Maker (ANZSCO Code 234213).

Further, AgTech related occupations include Agriculture and Aggregate Technician (ANZSCO 311111), Animal Husbandry Technician (ANZSCO Code 311113), Agriculture and Fisher Technician (ANZSCO 311112), Irrigation Designer (ANZSCO Code 311115), Pharmacy Technician (ANZSCO 311215) should also be on the list.

Similarly, Meat Inspector (ANZSCO 311312) and Primary Product Quality Assurance Officer (ANZSCO  311314) should also be on the list. We recommend that all the farm management level positions be placed on the list.

There is a housing shortage in Australia and there is also a large number of civil construction and infrastructure projects underway. This is in addition to the current skill shortage in the industry, as Infrastructure Australia reported there is a 229,000 public infrastructure workers shortfall[3]. There are a number of occupations related to the building and construction in the CSOL Targeted for Consultation List such as: Project Builder (ANZSCO 133112) , building related occupations of Architectural Draft Person (ANZSCO 312111), Building Associate (ANZSCO 312112) , Construction Estimator (ANZSCO 312114), Plumbing Inspector (ANZSCO 312115), Mechanical Engineering Draftsperson (ANZSCO 312511), Building and Engineering Technician, nec (ANZSCO  312999) that should be included in the Confident On List.

South Australia has a growing manufacturing industry[4] and we recommend that Production Manager (Manufacturing) (ANZSCO 133512) be on the list.

We recommend that health related occupations being included on the list including Medical Administrator (ANZSCO 134211), Nursing Clinical Director (ANZSCO 134212), Primary Health Organisation Manager (ANZSCO 134213).

We found that the hospitality industry is underrepresented and there are a number of hospitality related occupations which are very important to regional Australia including Hotel or Motel Manager (ANZSCO 141311) and Accommodation and Hospitality Manager nec (ANZSCO 141999). These occupations are required by many hospitality businesses’ business model.

Australian Hotels Association SA chief executive officer Anna Moeller stated that ““Skills shortages are one of the biggest issues our hotel members are facing today and, in particular, the chronic shortage of cooks and chefs.[5] This skills shortage in the hospitality business is a real threat to South Australia’s renowned restaurant, bar and café industry.

It is certainly important to regional cities and towns and to Australian tourism generally that Cooks (ANZSCO 351411) and Chefs (ANZSCO 351311) be included on the Core Skills List.

In relation to general business, the occupation of Retail Manager General (ANZSCO 142111), is important to regional locations that often have trouble filling these roles.

There are range of ICT and STEM roles which should be included including Data Scientist (ANZSCO 224999, ICT Account Manager (ANZSCO 225211) and ICT Sales Representative (ANZSCO 225213). ICT roles including ICT Business Analyst (ANZSCO 261111) and System Analyst (ANZSCO 261112) Multimedia Specialist (ANZSCO 261211) and Web Developer (ANZSCO 261212) are important to the creative film industry and should be included.

The occupation of Helicopter Pilot (ANZSCO 231114) is important not only to agriculture but also to tourism and hospitality, and therefore it should be included.

For research in health and pharmaceuticals, Medical Engineer (ANZSCO 233913), Life Scientist (General) (ANZSCO 234511), Biotic Technologist (ANZSCO 234514), Marine Biologist (ANZSCO 234516), Life Scientist nec (ANZSCO 234516) should be included.

Our firm represents some research bodies and we have nominated seven or more Life Scientist nec (ANZSCO 234599) this year under the sc- 482 which are going into high-paid research roles. There remains a need in this area, and were this occupation not listed, these businesses would be unable to fill important roles that underpin employment of Australians in the science sector.

The frequently nominated occupation of Marketing Specialist (ANZSCO 225113) for the sc-482 should also be available for the new list. They should also be extended to Content Creator (ANZSCO 225114), and Digital Marketing Analyst (ANZSCO 225115).

There is often difficulty in filling teaching roles in regional areas and we recommend teaching roles to be included including Middle School Teacher (ANZSCO 241311).

We also recommend that occupations that will provide assistance to those with disabilities or special needs should be included, and we are surprised that they are not already included on the list. We recommend the inclusion of Teacher of the Hearing Impaired (ANZSCO 241512), Teaching of the Site Impaired (ANZSCO 241513), Registered Nurse (Developmental Disability) (ANZSCO 254416).

There can be a serious shortage of trades in the regions, and this consistently been a shortage of Motor Mechanics and we recommend that Motor Mechanics (General) (ANZSCO 321211) being included. This is our second most frequently nominated occupation over the last 10 years and it is essential for it to be included.

Response to the draft CSOL Confident Off List

There are a large number of farm management related occupations which are on the Confident Off List. We recommend that they are all included to allow the regional businesses to fill these positions and to help them not just survive but thrive. Of particular importance to South Australia is the occupations of Beef Cattle Farmer (ANZSCO 121312) and Vegetable Grower (ANZSCO 121616). South Australia is one of the largest producers of vegetables for Australia and the international market and it is essential that the occupation of Vegetable Grower is included.

According to the data from the South Australian Department for Industry, Innovation and Science, “[m]anufacturing is currently South Australia’s largest sector, accounting for around 17% of total state output by revenue[6].”  Thus, it is important for South Australian businesses that manufacturing related roles including Manufacturer and Production Manager (ANZSCO133512) are included in the list.

Regional areas often have problems filling childcare related roles, and the childcare related occupations are Childcare Centre Manager (ANZSCO 134111) and well should be included. Accessing social services and community support is also difficult and the occupation of Welfare Centre Manager (ANZSCO 134214) should be included.

We also note that welfare workers such as, Community Worker (ANZSCO 411711), Disabilities Services Officer (ANZSCO 411712) and Child or Youth Worker (ANZSCO 411716) are in the Off List.  This is disappointing as this would affect some of Australia’s most vulnerable residents’/citizens’ access to necessary care and services.  It is already difficult to fill these positions from local labour and taking these off the list would just add to the issue.

Hospitality related roles should be included including Cafe Restaurant Manager (ANZSCO 141111), Caravan Park and Camping Ground Manager (ANZSCO 141211), Bed and Breakfast Manager (ANZSCO 141911), Conference and Event Organiser (ANZSCO 149311). Again, these occupations are necessary for the businesses to operate, and it is widely accepted in the hospitality industry that is difficulty to fill these positions especially in the regions.

For the creative arts and video and film industries the occupation of Media Producer (ANZSCO 212112) is important.

To provide services to migrants the occupation of Teacher of English to Speakers of Other Languages (ANZSCO 249311) should be included.

Summary Points

  1. While we recognise that the skilled occupations list needs to be reviewed and amended to adapt to Australia’s current and long-term skills shortages, we submit that we should not lose sight of the core objectives of Australia’s migration system.
  2. There is a need for an effective wide skilled occupation list to meet the Australian businesses needs and so that they can get the employees they need especially in the regions.
  3. There is a need for separate regional focused visas and regional focused skilled occupation list.
  4. The skilled occupation list should not just be heavily focused on high-skilled or high-earning occupations.
  5. Occupations with a long and proven history of skill shortages such as Cooks, Chefs and Motor Mechanic and those occupations needed to provide key services services such as health and teaching should be on the list.

Skills in Demand Australia - Core Skills Occupation List

Conclusion

Now that you have had the chance to review our submission, you can see that it is essential to advocate for a comprehensive Core Skills Occupation List (CSOL) that accurately reflects the diverse needs of both regional and urban employers.

As the migration landscape evolves, it is vital to ensure that the CSOL encompasses a wide range of occupations, particularly those that contribute significantly to sectors such as construction, agriculture, healthcare, and education. By broadening the scope of the CSOL and maintaining robust regional visa pathways, Australia can better meet the skill demands of various industries while also supporting its long-term economic growth.

Implementing these recommendations will not only enhance the effectiveness of the migration program but also ensure that it remains responsive to the pressing needs of businesses across the nation, particularly in regions that face unique challenges in attracting and retaining skilled workers.

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[1] South Australian Centre for Economic Studies. The Potential Benefits of Reforming Migration Policies to Address South Australia’s Needs. Report 3: Policy Solutions. Commissioned and funded by: Migration Solutions, Thomas Foods International, RDA Murraylands and Riverland, Shahin Enterprises, Local Government Association of SA, Education Adelaide, The Population Institute of Australia, The Urban Development Institute of Australia, The Property Council SA, BDO Australia. Report prepared by: The South Australian Centre for Economic Studies, University of Adelaide. September 2017

[2]  Australian Government Department of Agriculture, Fisheries and Forestry website,  Snapshot of Australian Agriculture 2024,   < https://www.agriculture.gov.au/abares/products/insights/snapshot-of-australian-agriculture#agricultural-production-is-growing > accessed 30 April 2024

[3] Infrastructure Australia, Infrastructure Market Capacity 2023   https://www.infrastructureaustralia.gov.au/listing/media-release/infrastructure-market-capacity-2023-0

[4] South Australia Department for Industry, Innovation and Science, South Australia’s innovative manufacturing sector <

https://industry.sa.gov.au/manufacturing#:~:text=Manufacturing%20is%20currently%20South%20Australia's,%25%20of%20industry%20value%2Dadd .>  accessed 30 April 2024

[5] InDaily, Hospitality giants fight to keep SA kitchens from the chopping block, 27 Sep 2023 < https://www.indaily.com.au/news/2023/09/27/hospitality-giants-fight-to-keep-sa-kitchens-from-the-chopping-block >

[6] Ibid.

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7 Visas to Work in Australia

There are many visas that allow you to live and work in Australia temporary or permanent. In this blog, we will discuss 7 common visas that enable you to work in Australia. While there are other visas that also permit work, we will focus on these seven.

Visa Number 1: Working Holiday Visa (Subclass 417 or 462)

The Working Holiday Visa (Subclass 417) or the Work and Holiday Visa (Subclass 462) allows young people (typically aged 18 to 30, or 35 years old for some countries) from eligible countries to travel and work in Australia for up to 12 months, with the option to extend for another year under certain conditions. 

With this visa, you can do any kind of work, anywhere in Australia. Usually, you can only work for the same employer for 6 months, although some exemptions apply.

The Working Holiday Visa is ideal for those looking to fund their travels while gaining work experience. Working Holiday holders could be eligible to apply for a second or third Working Holiday visa and stay for up to 3 years in Australia.

Visa Number 2: Employer-Sponsored Visa (482, 494, or the new Skills in Demand Visa)

Employer-sponsored visas allow employers to sponsor international skilled workers to fill positions that cannot be filled by local talent. The visa can be granted for up to 5 years, depending on the occupation and the specific visa that the applicant is applying for.

To apply for one of the employer-sponsored visas, such as 482 visa, 494 visa, or Skills in Demand Visa, you must have a business to sponsor you and meet some other requirements.

The employer-sponsored visa can potentially lead to permanent residency.

Take a look at our blog for tips on finding an employer to sponsor you in Australia.

Visa Number 3: Training Visa (Subclass 407)

This visa is designed for individuals who want to participate in workplace-based training to improve their skills for their current occupation or field of study.
This visa can be granted for up to 2 years, allowing you to work and live in Australia.

The Training Visa requires sponsorship by an Australian organization and doesn’t lead to permanent residency; it is just a temporary work visa.

Visa Number 4: Student Visa (Subclass 500)

While primarily intended for studying in Australia, the Student Visa allows holders to work part-time while studying. Students can work up to 48 hours per fortnight during the academic term and unlimited hours during breaks.

This visa is valid for the duration of the course.

Visa Number 5: Employer Nomination Scheme (Subclass 186)

The 186 visa is a permanent residency visa for skilled workers who are nominated by their employer. 

It has three streams: the Temporary Residence Transition stream, Direct Entry stream, and Labour Agreement stream, each catering to different situations and requirements.

Check out our blog on how to find an employer to sponsor you in Australia.

Visa Number 6: Temporary Activity Visa (Subclass 408)

The Temporary Activity Visa (Subclass 408) allows individuals to come to Australia to participate in specific activities, such as cultural or social events, sports, or special projects. 

It can also include work rights in certain situations, depending on the activity.

Visa Number 7: Temporary Graduate Visa (Subclass 485)

The Graduate Visa (Subclass 485) is for international students who have recently graduated from an Australian institution. It allows them to work in Australia full-time to gain practical experience in their field of study. 

You can apply for the Graduate Visa if you are 35 years old or under. Exceptions apply. 

Work visas Australia

What Australian work visa is for you?

If you want to know whether you can apply for one of these visas or any other visa that allows you to work in Australia, please book an appointment with us. We will discuss your situation to determine which visas you may be eligible to apply for.

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186 Visa Requirements 

The 186 visa is a permanent residency visa for skilled workers who are nominated by their employer, that means you must have an employer to sponsor you. There are three streams available under the 186 visa: the Temporary Residence Transition stream, the Direct Entry stream, and the Labour Agreement stream.

Each stream has different requirements, so let’s discuss each one and the main requirements: 

1) Temporary Residence Transition Stream

This stream allows skilled workers nominated by their employer to live and work in Australia permanently. It is available for Temporary Skill Shortage Visa(482) holders who:

So, after working on a 482 visa for the same employer, you may be eligible to apply for permanent residency through the Temporary Residence Transition stream.

2) Direct Entry Stream

This is a permanent visa that allows you to stay in Australia indefinitely, meaning you become a permanent resident on the day the visa is granted. The 186 Direct Entry stream is available for applicants who:

  • Are nominated by an Australian employer.
  • Have an occupation on the Medium and Long-term Strategic Skills List.
  • Have at least 3 years of relevant work experience, unless exempt.
  • Have a positive skills assessment, unless exempt.
  • Have at least competent English.
  • Are under 45 years old unless exemptions apply.

If your occupation is on the Medium and Long-term Strategic Skills List and an Australian employer wants to sponsor you, the 186 Direct Entry stream may be the best option for you, as it allows for quicker permanent residency without needing to apply for the 482 visa first and then transitioning through the Temporary Residence Transition stream. The 186 Direct Entry is a direct path to permanent residency.

3) Labour Agreement Stream

This stream is only applicable if you are sponsored by an employer through a tailored and negotiated labour agreement

The age, skills, and English requirements will be stated in the labour agreement, so some requirements will depend on the specific agreement you are applying under.

186 visa how to apply

For all three streams, you can include family members in your application when you apply or before your visa is granted.

Once your 186 visa is granted in one of the 3 streams, you can:

  • Stay in Australia indefinitely.
  • Work and study in Australia.
  • Enrol in Medicare.
  • Sponsor eligible relatives to come to Australia.
  • Travel to and from Australia for 5 years.
  • Apply for Australian citizenship, if eligible.

186 Processing Times

The processing times are available on the Department of Home Affairs website.

How Work Visa Lawyers can assist you

Our team of migration agents and migration lawyers can assist you with your visa application. We have helped thousands of individuals and businesses achieve their Australian dream.

If you need assistance with your visa application or would like to explore your visa options, please book an appointment.

Our office is located in Adelaide, South Australia, but we also offer online appointments, assisting people in other cities across Australia and in countries around the world.

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Visa Appeal: Understanding the Transition from AAT to ART

The Administrative Review Tribunal (ART) has officially replaced the Administrative Appeals Tribunal (AAT) as of October 14, 2024. This significant change aims to streamline the independent merits review process, making it more efficient and accessible for individuals navigating Australia’s migration system.

Transitioning Your Appeal

If you had a visa refusal and submitted your application for review with the AAT on or before October 13, 2024, there's no need for any action on your part. Your case will automatically transfer to the new Tribunal, and your appeal will continue at the ART until a decision is reached. Should the decision be unfavorable, you may have the option to appeal the ART’s decision in court through judicial review.

It’s crucial to note that applying for judicial review does not automatically extend your bridging visa. Therefore, ensure you lodge a bridging visa application before your current visa expires.

What If You Just Received a Visa Refusal?

Receiving a visa refusal can be disheartening, and it’s understandable to feel confused about your next steps. Depending on your circumstances, you may have the right to appeal the decision. Your visa refusal letter typically outlines whether you have merits review rights.

To appeal a decision by the Department of Home Affairs, visit the Administrative Review Tribunal (ART) website to submit your application. Be mindful of the time limits specified in your refusal letter, as delays can jeopardize your application’s validity. Timeliness is critical when appealing decisions.

Once you’ve lodged your appeal with the ART, you will generally receive a bridging visa, allowing you to remain in Australia while awaiting a decision.

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Male lawyer or notary working consulting and discussion to businesswoman client in the office, Law and Legal services concept.

Do You Need Help Appealing an Australian Visa Refusal?

If you have had a Student Visa refusal, a Partner Visa refusal, a Training Visa refusal, or any other visa refusal and need assistance to appeal your visa refusal, 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 looks 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.

Sources:

https://www.art.gov.au/

https://www.homeaffairs.gov.au/

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Australian Immigration News - October 2024 

As we approach the end of 2024, significant changes are anticipated in Australia's immigration landscape. Among these changes is the potential replacement of the Global Talent Visa with the National Innovation Visa, as well as the introduction of the Skills in Demand Visa, which will feature pathways for Specialist Skills, Core Skills, and Essential Skills.

In this blog, we discuss the appeal changes, indicative allocations for education providers in 2025, updates on the 190 and 491 visas, the new Workplace Justice Visa, the Work and Holiday Visa for China, India, and Vietnam, and when the next 189 invitation round will be.

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Skills in Demand Visa and the Core Skills Consultation List

The opening of the Skills in Demand Visa, including the Specialist Skills, Core Skills, and Essential Skills pathways, is expected by the end of this year. 

There is a great deal of stress from those with occupations on the Confident Off list as part of the core skills consultation. 

This list includes various roles, such as farming and cattle management positions, Child Care Centre Manager, Customer Service Manager, Nutritionist, Microbiologist, Graphic Designer, Health Promotions Officer, Telecommunications Engineer, Disabilities Services Officer, and Refuge Worker. 

Occupations on the Confident Off list may not be available for employer sponsorship under the new Core Skills Visa.

Changes to the Visa Refusal Process

Starting on October 14, 2024, the Administrative Appeals Tribunal (AAT) will be replaced by the Administrative Review Tribunal (ART). This restructuring aims to modernize the administrative review process, making it more efficient and responsive to public needs. 

Recent reports indicate a significant rise in bridging visa numbers, with a jump from 191,235 to 323,583 as former students appeal visa cancellations or denials. 

Our team has seen an increase in requests for assistance with visa refusals, particularly related to student visas and cancellations.

2025 Indicative Allocations for Student Visas

The Australian Government has released the indicative allocation numbers for student visas in 2025. Major universities, especially in Melbourne and Sydney, have experienced decreased allocations, while some regional universities have seen increases. 

Understanding these numbers is crucial, as they provide insight into how difficult or easy it might be to secure enrolment with any particular university or educational institution.

An Australian flag pinned to a Montessori map of Oceania continent in a school.

Updates on 190 and 491 Visas

All states and territories are now open and actively inviting Expressions of Interest (EOIs). Recently, some of our clients received invitations for various occupations in South Australia, including:

  • Mechanical Engineer: Invited with 75 points for the 190 visa
  • Registered Nurse: Invited with 70 points for the 491 visa
  • Pathology Collector: Invited with 75 points for the 491 visa
  • Retail Pharmacist: Invited with 70 points for the 190 visa

If you require assistance with your EOI or Registration of Interest, feel free to contact us.

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Business Opportunities with the 491 Visa

Queensland and Tasmania have opened new pathways for small business owners. 

Applicants in Queensland may meet the requirements if they purchase an existing registered business outside of South East Queensland or operate their own business for a minimum of two years.

In Tasmania, applicants may meet the requirements if they have established and operated a business for at least 12 months.

462 Work and Holiday Visa for India, China, and Vietnam

The ballot system for people from India, China, and Vietnam regarding the Australian 462 Work and Holiday Visa is already open. This will allow individuals from these countries to register for the possibility of being randomly selected to apply for a first Work and Holiday visa. The registration will cost $25.

The 462 Work and Holiday Visa is designed for young people aged 18 to 30 years, allowing them to live and work in Australia for 1 year, with the possibility to extend for 1 or 2 more years.

Work and Holiday for China India and Vietnam

New Workplace Justice Visa for People Being Exploited in Their Workplace

This new free visa was introduced to protect migrant workers who have experienced exploitation in their workplace. This visa allows these workers to remain and work in Australia for up to 12 months while their claims of exploitation are investigated. 

Check out the detailed page about the Workplace Justice Visa that we recently posted on our website.

When Will the Next 189 Round Be?

Historically, December has seen 189 visa rounds. There was a round on Monday, December 18, 2023, and Thursday, December 8, 2022. In 2021, there was no December round, but instead a Friday, January 21, 2022 round. It’s likely there will be a 189 invitation round this year. 

Those with occupations on the Medium and Long-term Strategic Skills List (MLTSSL) should ensure their skills assessments and English tests are ready.

Fast track to register as a doctor

Starting 21 October 2024, doctors from the UK, Ireland, and New Zealand will have their ability to practice in Australia fast-tracked. The new changes will allow international medical specialists to apply directly to the Medical Board of Australia and the Australian Health Practitioner Regulation Agency (AHPRA) for registration, rather than going through an individual assessment by a specialist college like the Royal Australian College of General Practitioners (RACGP).

This significant change will eliminate unnecessary regulatory barriers and enable international specialists from similar healthcare systems to work in Australia sooner.

Family violence provisions for Skilled visa applications

The Migration Amendment Family Violence Provisions for Skilled Visa Applications regulations allow secondary applicants in seven permanent Skilled visa subclasses to access family violence provisions. These subclasses include the 186 visa, 187 visa, 189 visa, 190 visa, 191 visa, Global Talent visa, and 887 visa.

This change means that secondary applicants can be granted visas even if their relationship with the primary applicant has ended, provided they, a family member, or a dependent child have experienced family violence from the primary applicant.

We believe that more changes will be announced by the end of the year. Follow us on Instagram, TikTok, Facebook and YouTube to stay up to date with all Australian immigration news.

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.

Book an Appointment

 

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