The Skills in Demand 482 visa has become a vital pathway for skilled workers seeking employment in Australia. This visa requires a sponsoring employer to nominate the applicant for a specific role. We often have questions about "self-sponsorship". But is self-sponsorship for the 482 visa a viable option, or is it bound to face refusal? Let’s explore this question in detail.

Understanding Self-Sponsorship

Self-sponsorship refers to the scenario where an individual owns their own business and wants to use that entity to sponsor themselves for a 482 visa. This approach involves the usual steps of a 482 visa application process:

1. Sponsorship Approval: The business must apply to become an approved sponsor through the Department of Home Affairs.
2. Nomination of a Position: The business must nominate a position that aligns with the applicant’s skills and is on the relevant skilled occupation list.
3. Visa Application: The skilled person applies for their visa application, proving qualifications, work experience, English ability and in some cases skills assessment, as well as health and character requirements.

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Legal Framework and Requirements

The Department of Home Affairs has specific requirements for businesses sponsoring 482 visa applicants, whether they are self-sponsored or not. These include:

• Genuine Need for the Position: The business must demonstrate a genuine need for the role within its operations.
• Market Salary Rates: The nominated position must meet Australian market salary rates to ensure compliance with fair work standards.
• Labour Market Testing (LMT): In most cases, businesses are required to prove that they have advertised the role locally and were unable to find a suitable Australian candidate.
• Financial Capability: The sponsoring business must have sufficient financial resources to support the employment of the visa holder.

Challenges of Self-Sponsorship

While self-sponsorship is theoretically possible under the current visa regulations, it faces significant challenges:

1. Proving Genuine Need

The Department of Home Affairs scrutinizes self-sponsorship applications closely. Proving a genuine need for the position can be difficult if the business is newly established or lacks substantial operations. For example, if the applicant is the sole proprietor and the only employee, the department may question the legitimacy of the role.

2. Labour Market Testing Compliance

Labour market testing requires advertising the role and proving that no suitable Australian candidate is available. This can be challenging in self-sponsorship cases, as it may appear that the role was tailored specifically for the applicant.

3. Financial Viability

Some people may establish a new business to try to sponsor themselves. A newly established business may struggle to provide evidence of financial stability, such as cash flow statements, tax returns, or contracts. Without these, it becomes challenging to demonstrate that the business can meet its sponsorship obligations.

4. Perception of Conflict of Interest

Self-sponsorship inherently involves a potential conflict of interest, as the applicant is both the sponsor and the beneficiary. This can raise concerns with the Department of Home Affairs about the integrity of the application and is the element that undermines genuine need and labour market testing requirements as above.

Successful Self-Sponsorship: Key Considerations

While challenging, self-sponsorship is not impossible. Applicants who are determined to pursue this pathway must consider the following:

• Comprehensive Business Plan: Develop a robust business plan that outlines the operational structure, revenue model, and market opportunities. Highlight how the nominated position is essential for business success. Even for established businesses, a business plan or a letter to the same effect will help to explain to a case officer why the role is needed to be filled for the business to keep running.
• Independent Validation: Engage third-party professionals, such as accountants or business consultants, to validate the business’s financial and operational viability. This creates a degree of separation so that all claims are not being made by the one person.
• Transparency in Labour Market Testing: Conduct genuine labour market testing and maintain detailed records to demonstrate compliance. For self-sponsorship circumstances, it is even more important that full evidence (including a candidate matrix indicating who has applied and the rigorous recruitment processes including candidate review, interviewing and deliberation were conducted) is given to the Department.
• Seek Expert Advice: Immigration lawyers or registered migration agents can provide valuable insights into meeting the stringent requirements of self-sponsorship in your specific circumstances.

Case Studies: Success and Refusal

Success Story

https://jade.io/article/937335

This is the case of PROJECT 42 PTY LTD whose nomination for CEO/MD for the multimedia consulting company was refused by the Department of Home Affairs. The case highlighted that there is no rule precluding self-sponsorship, but that there are strict requirements that maintain the system’s integrity.

The business had six staff, including events manager, video editor, office manager, graphic designer and public relations and social media managers.

The position to be filled closely matched the nominated occupation.

As the Tribunal Member was convinced that the position was genuine and a genuine search for an Australian citizen or permanent resident who could have filled the role instead had been conducted, they approved the nomination.

Refusal Example

https://jade.io/article/778692

In this Tribunal matter, Sarab Trading International Pty Ltd were not successful in sponsoring the manager, who was the owner, director and the only employee.

The ANZSCO occupation selected was 134999 Specialist Manager nec. The Tribunal Member did not find that this occupation was likely to be appropriate and was a highly specialised occupation that did not match well with the role or the business.

The business was an export business.

The business had only one employee, the person nominating himself.

The Tribunal found that the nominated position was not genuine.

It is important to note again that the Tribunal noted there was nothing preventing “self-sponsorship nominations” and so did not address it directly in this way, however in this case, the strict integrity requirements (namely the requirement to prove a “genuine position”) meant that this nomination was not successful.

What’s the difference?

What makes the difference is evidence that can demonstrate there is a genuine need for the role. In the successful story, that business was able to show more evidence that they have a genuine need to sponsor the person in that role.

Decision makers will consider all aspects of the position and of the business, to determine if it appears to be a genuine arrangement, or if the application has been contrived to secure a migration outcome for the nominated person.

The Verdict: Will It Work or Be Refused?

Self-sponsorship for the 482 visa is a high-risk pathway. We will generally counsel most persons to consider alternative visa pathways due to the very high risk that the applications are rejected. Success depends on meticulous planning, compliance with visa requirements, and the ability to present a convincing case to the Department of Home Affairs. While it is not explicitly prohibited, the additional scrutiny applied to such applications makes refusal a common outcome.

For those considering self-sponsorship, the key is preparation. Maintain transparency in compliance and seek professional guidance, both for the visa process and for external support such as with accounting and recruitment. With a good case, self-sponsorship can be done, but it is very risky.

How can Work Visa Lawyers help you?

Our team of registered migration agents and immigration lawyers can assist you with your 482 visa application or any other Australian visa application.

Since 2011, we have assisted thousands of applicants and businesses with Australian immigration matters.

Contact us or book an appointment for more information.

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Author: Luke Edwards - Immigration Lawyer 

Sources: 

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skills-in-demand-visa-subclass-482

With the significant changes introduced in December 2024, including the new 482 Skills in Demand Visa (Specislist Skills, Core Skills and Labour Agreement Streams), the introduction of the Core Skills Occupation List (CSOL) and the inclusion of many occupations eligible for Direct Entry on the 186 visa, we have been receiving a lot of questions about these updates. 

In this blog, we will answer your questions to help you understand the changes and how they may affect you. 

To make this easier to follow, I’ll address the questions in separate sections: 

1. Skills in Demand Visa questions  

2. 186 Visa Direct Entry questions  

3. Changes for current TSS 482 Visa holders questions   

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SKILLS IN DEMAND VISA:

 
Is the new Skills in Demand Visa points-based or is it an employer sponsored visa?  

The Skills in Demand Visa is an employer sponsored visa, and it is not points-based. Only the 491 visa, 190 visa and 189 visa currently use a point system. 

Can I be sponsored anywhere in Australia, or does the new 482 Skills in Demand Visa require regional sponsorship?   

Your role can be located anywhere, it does not necessarily have to be a regional area of Australia. Different to the TSS visa, there is no longer a regional occupation list and none of the occupations on the CSOL are required to be regional, though occupations like farmer are still more likely to be based in regional Australia. 

Can any occupation on the Core Skills Occupation List apply for the 482 Skills in Demand Visa?  

Yes, though some occupations have a caveat  (essentially an additional condition or restriction that must be met).

How many years of experience do I need to apply for the 482 Skills in Demand Visa?  

You need at least 1 year of relevant work experience within the last 5 years.

Does the one year of experience need to be in Australia, or can it be overseas? 

Overseas work experience can count if it can be sufficiently proven.

Does the work experience need to be full-time, or can it also include part-time or casual work?  

The good news is that the work experience can include part-time or casual work in the last 5 years, as long as the hours you have worked is equivalent to 1 year of full-time relevant work experience.

Do I need a skills assessment to apply for the 482 Skills in Demand Visa?  

This depends on your occupation. For some occupations, a skills assessment is required for passport holders from certain countries, unless an exemption applies.

Will the Department of Home Affairs release a Specialist Skills List and a Labour Agreement List as well?   

At this stage, we only have details of a Core Skills Occupation List for the Skills in Demand Visa. We will post updates of any changes in this area.

Café or Restaurant Manager has been removed from the list. Can café or restaurant managers be sponsored as Hotel or Motel Managers? If not, what are the visa options now?  

We wouldn’t recommend doing so, as Café/Restaurant Managers and Hotel Managers are different occupations. Café or Restaurant Managers may still have General Skilled Migration options, or a pathway through the employer sponsored 494 visa for those working in regional areas of Australia.

Is there an age limit for applying for the new 482 Skills in Demand Visa?   

No, there is no age limit to apply for the 482 visa. However, the age requirement for 186 PR Temporary Residence Transition (TRT) stream is “under 45”.

What is the annual salary requirement for the new 482 Skills in Demand Visa?  

The minimum income threshold depends on which stream you’re applying through - $73,150 for the Core Skills stream and $135,000 for the Specialist Skills stream.

How long do I need to hold a 482 Visa to apply for Permanent Residency (186 TRT Pathway)? 

You need to hold a 482 visa for 2 years before you can apply for permanent residency through the Subclass 186 TRT stream.

Do I still need my employer to nominate me for the 186 PR after two years? 

Yes, you will need your employer to nominate you for the 186 visa in the TRT stream.

Can I move to another employer and still apply for PR after holding a 482 Skills in Demand Visa for two years? 

Yes, under recent changes from 7 December 2024, the time you spend working on the 482 Skills in Demand Visa can roll over, which means you can change employers and still count the time you worked for your previous employer on a 482 Skills in Demand Visa towards your 2 years of experience on a 482 visa that  is required for the 186 TRT visa.

What visa options do I have if my occupation is not on the Core Skills Occupation List? 

If your occupation is not on the Core Skills Occupation List, you can consider other General Skilled Migration visas such as the 189 visa, 190 visa and 491 visa which don’t require your occupation to be on the CSOL and instead looks at the Short Term, Medium to Long Term and Regional Occupation Lists.  

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186 VISA DIRECT ENTRY STREAM:

Can any occupation on the Core Skills Occupation List apply for the Direct Entry 186 visa? 

Yes, the entire Core Skills Occupation List is available for the 186 Direct Entry stream visa.

Do I still need an employer to sponsor me to apply for the 186 Direct Entry visa? 

Yes, you will still need an Australian employer to sponsor you to apply for the 186  visa in the Direct Entry Stream but this employer does not need to be the same employer as you had for a 482 visa, if you previously held a 482 visa.

Do I need skills assessment to apply for the 186 Direct Entry? 

Yes, you will need to have a positive skills assessment in the relevant occupation to apply for a 186 Direct Entry visa.

How many years of experience do I need to apply for the 186 Direct Entry? 

You will need to have at least 3 years of full-time work experience (or full time equivalent) to apply for the 186 Direct Entry visa.

Does the required three years of work experience include pre- or post-qualification experience? Can the experience be from both Australia and overseas? 

For 186 Direct Entry stream, your work experience must be at the skill level. Generally, this means that it should have been completed after you obtained your relevant qualification. Your experience can be in Australia or overseas to meet the 3 years requirement for the 186 Direct Entry stream.

Does the 186 visa Direct Entry stream require a salary of at least $73,150? 

Yes, the 186 nomination requires the nominated salary to be at least the Temporary Skilled Migration Income Threshold (TSMIT) which is currently $73,150.

What is the age requirement to apply for the 186 Direct Entry visa? 

The age requirement for 186 Direct Entry stream visa is “under 45”. This means that people who are 45 years old or older may not be eligible. There are some very limited exemptions for New Zealanders and their partners, as well as some science workers and researchers.

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CURRENT 482 VISA HOLDERS: 

Finally, let’s address questions from those already holding a Temporary Skill Shortage (TSS) 482 visa: 

I’m on a 482 visa. Can I change employers? 

Yes, it is possible to change employers while on the 482 visa. Since 1 July 2024, applicants are able to find other work after their employment ends. They can work up to 180 days with another employer. They will need their 482 nomination to be “transferred” to the new employer to work more than 180 days.

If I change employers, will I still be able to apply for PR after two years of holding a 482 visa? 

With new changes from 7 December 2024, progress towards Temporary Residence Transition stream is “portable”. So, you can change employers without losing progress toward PR. However, employers may still require their employees to work 2 years for them prior to offering to sponsor their 186 visa.

Can I change employers if my occupation is not on the Core Skills Occupation List? 

If your 482 visa was under the Medium- or Short-Term stream 482 visa and your occupation is no longer on the Core Skills Occupation List , it is no longer possible to have a new nomination approved to transfer you to a new employer. Since the 1 July 2024 changes to 482 visa conditions, it is still possible to work for another employer for up to 180 days if your employment ceases, however a new nomination may not be possible. This can cause problems later if you wish to apply for 186 visa in the Temporary Residence Transition stream, as your nominator for the 186 TRT must have been the most recent nominator for your 482 visa. 

Do I still need my employer to nominate me for the 186 PR after two years? 

Yes, the 186 visa requires an employer nomination. The employer will need to provide a range of business documents as part of the nomination and they will need to pay at least the Skilling Australians Fund levy of either $3,000 or $5,000.

I’m already on a 482 visa. Can I now apply for the 186 Direct Entry if my occupation is on the list? 

Yes, holding a 482 visa does not prevent you from applying for 186 visa in the Direct Entry stream. You would still need to meet all the Direct Entry stream requirements, including skills assessment. Many 482 visa holders might choose to wait 2 years until they meet the Temporary Residence Transition stream requirement if they are close and do not have a skills assessment yet. 

I’m on a 482 visa, but my occupation has been removed from the Core Skills Occupation List. Can I still apply for the 186 Transition Pathway after two years? 

Yes, since November 2023, the Temporary Residence Transition stream of the 186 visa only requires that your occupation on the ANZSCO. This means those with a 482 visa based on an occupation on the ANZSCO are able to be sponsored for 186 Temporary Residence Transition pathway after 2 years, even if their occupation is not on the CSOL. 

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These were the main questions about the recent changes to employer-sponsored visas. If you have any more questions, feel free to leave them in the comments on our YouTube video and we’ll do our best to answer them.

Do you need help applying for an Australian visa?

 
If you need assistance applying for the new 482 Skills in Demand Visa, for the 186 Direct Entry Visa or any other Australian Visa, please book an appointment.

 
We been assisting businesses and applicants with Australian immigration matters and visas since 2011.

Sources:

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/employer-nomination-scheme-186

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skills-in-demand-visa-subclass-482

https://immi.homeaffairs.gov.au/Documents/core-sol.pdf

The Australian Government has recently introduced an important change to its visa policies, addressing a question often asked by families: Can children born in Australia with health conditions apply for permanent residency (PR)? With the recent updates, the answer is yes — children born in Australia with health conditions can apply for PR.

As of 16th October 2024, children born and residing in Australia who are under 18 years old are exempt from certain health-related requirements under the Public Interest Criteria (PIC) 4005 and 4007. This update provides new hope for families whose children may have previously been ineligible for a visa due to their medical conditions.

What has changed?

Under the previous rules, visa applicants were required to meet strict health criteria to ensure they would not impose significant healthcare or community service costs on the Australian community. These criteria often posed challenges for children with medical conditions or disabilities, potentially leading to visa refusals.

With the recent changes:

• Exemption for children: Children under 18 years old who were born in Australia and ordinarily reside in the country are no longer subject to health criteria that consider potential healthcare or community service costs.

• Inclusivity for families: The exemption ensures that families with children born in Australia are not penalized due to medical conditions or disabilities.

• Retroactive application: The exemption applies to all visa applications submitted before or after 16th October 2024.

Why is this update important?

This policy change reflects a compassionate approach, recognizing that children born in Australia are an integral part of the community. It allows them to:

• Apply for permanent residency without being disadvantaged by health conditions.

• Stay with their families and continue contributing to Australian society.

• Access opportunities for a stable future in the country they call home.

What should families do next?

If you have a child born in Australia who has faced visa application challenges due to health-related concerns, this update may open new doors. To take advantage of the updated rules:

1. Review your application: Ensure your child’s birth and residency in Australia are well-documented.

2. Talk to a migration agent or lawyer: Consult with a registered migration agent or immigration lawyer to understand how this exemption applies to your family’s specific situation.

3. Submit or update applications: If your child’s visa application was previously refused, consider reapplying under the updated criteria.

A good change on immigration

This update to the health-related visa criteria underlines the Australian Government’s commitment to inclusivity and fairness. By exempting children born and residing in Australia from certain health-related requirements, families now have greater security and clarity in their immigration journey.

How can we help you?

For families navigating these changes, our migration experts are here to help. Contact us today to understand how this policy update can benefit you and your loved ones.

You can contact us by calling +61 8 8351 9956, emailing This email address is being protected from spambots. You need JavaScript enabled to view it., or booking an appointment through our website.

Sources:

https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/health/special-consideration-for-children

https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/health

https://www.homeaffairs.gov.au/reports-and-pubs/PDFs/migration-health-requirement-review-australias-visa-sct.pdf

In this January immigration news blog, we’ll discuss what to expect in 2025, some of the latest visa news and tips to help you find the best pathway to Australian Permanent Residency.

Recent Visa Grants and Invitations

To begin, we would like to share some of our recent visa grants and invitations:

• Permanent Residency 186 Temporary Residence Transition stream granted for a Diesel Motor Mechanic
• Several 482 Visas granted
• 494 DAMAs granted for Sommelier and Horticulture Grower
• Workplace Justice Visa granted
• Australian Citizenship invitation issued
• South Australia state nomination invitation for the 491 visa granted to a Marketing Specialist with 105 points
• AAT appeal win for a 482 Visa on January 6

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Australian Federal Election in 2025

The federal election will happen this year in Australia. What could it change in relation to migration?

Federal elections are important because the Federal Government has the immigration powers and grants visas. Some media are reporting on the possibility of an April 2025 Federal Election.

The current Labour Government announced the Migration Strategy in December 2023, which includes a number of reforms. Some reforms are still pending, such as changes to the points for the 189 Visa, 190 Visa and 491 Visa.

There was a review of the point test discussion paper in April 2024 that opened a consultation process about reforming the points test. If the Labour government wins, you could expect these reforms to continue.

On the other hand, if the Peter Dutton-led Liberal Party were to win power, there are promises to cut Australian migration numbers.

Usually, a potential change of government would have much bigger effects on migration options and programs than fine-tuning processes and updating occupation lists.

At a practical level, if you’re eligible for an Australian visa under the current visa categories, changes could negatively affect your options. To put it bluntly, you may want to apply before any cuts or changes.

186 Direct Entry Visa Updates

The new Core Skills Occupation List (CSOL) includes 456 occupations, which gives access to the 186 Direct Entry Visa – a straight pathway to PR.

Many common occupations, including Enrolled Nurses and Cooks, can now apply directly for Australian PR. This is because the 186 Direct Entry Visa offers a direct path to PR and doesn’t require you to hold a 482 Visa for 2 years before applying for permanent residency.

To apply for the 186 Direct Entry Visa, applicants must have:

• At least 3 years of full-time experience
• A positive skills assessment
• At least competent English

There is now a rush to get a skills assessment for many occupations.

We have a video explaining all the changes and requirements for the 186 Direct Entry Visa.

Click here to check if your occupation is eligible for the 186 Direct Entry Visa.

Federal Circuit Court Findings: AAT Bias Case

The Federal Circuit Court recently found that there was apprehended bias by an AAT member against an Indian student.

The facts involved the refusal of a student visa to an Indian applicant who had applied to study commercial cookery. The AAT member made a number of comments during the hearing that demonstrated preconceived negative views.

Judge D Humphreys stated: “the Court is satisfied that the claim of apprehended bias is regrettably made out.”

The case is: Jaggi v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FedCFamC2G 1267.

Findings like this show you should always read the AAT transcript to consider in detail what happened at the hearing.

Occupation of Child Care Workers - Visa Updates

As many people already know, Child Care Workers can now apply for both the 482 Visa and 186 Direct Entry Visa. To apply for the 186 Direct Entry visa, the applicant must have a positive skills assessment.

The ACECQA is the skills-assessing authority for the Child Care Worker occupation and will be providing skills assessments for the full occupation, not just room leaders as previously.

Student Visa News

The proposed student visa cap legislation did not pass, so the Government has introduced Direction No. 111– Order for considering and disposing of offshore Subclass 500 Student Visa applications.

This provides offshore priority processing for student visas.

Priority 1 - Higher Priority

Student visa applications linked to providers in the higher education and vocational education and training sectors will be processed with higher priority if they have not yet reached their prioritization threshold, which is 80% of their 2025 expected allocation of new overseas student commencements, as per PRISMS data.

Higher priority processing will also apply to the following categories of students: 

- School students
- Non-award sector students, including short term exchange students
- Standalone ELICOS students
- Students enrolled with a TAFE Provider 
- Students enrolled in Pilot Training Courses 
- Students in postgraduate research courses 
- Foreign Affairs Students
- Defence Students and students sponsored by the Commonwealth
- Students with foreign government, Australian Government and state and territory scholarships that meet the criteria published on the Department of Education website as at the date this Ministerial Direction was made
- Students from the Pacific and Timor-Leste 
- Students enrolled in Transnational Education arrangements, according to criteria published at the date this instrument is made on the Department of Education website for higher education students and the Department of Employment and Workplace Relations for vocational education and training students 
- Subsequent entrants where an applicant is a minor who is unmarried and has not turned 18 at the time of application and is a dependent child of a primary applicant/primary visa holder for a Student (Sc 500) visa or a dependent child of a spouse or de facto partner of a primary applicant/primary visa holder of a student (Sc 500) visa. 

Priority 2:

Priority 2 (Standard processing) will apply to higher education and vocational education providers that have met their prioritization threshold, as well as to subsequent entrants who are not minors, and other offshore Student visa applications.

This means the Federal Government has found a new way to slow down or stop processing student visa applications.

407 Training Visa Grant and Refusal Rate

We requested this data from the Department of Home Affairs, through a Freedom of Information request, and here are the latest figures:

In the 2023-24 financial year, 7,563 Training Visas were lodged. Of these, 4,026 have already been processed, with 92% granted and only 8% refused.

This means there is a strong success rate, which is great news for those considering applying for a training visa in Australia.

Click here to learn more about the 407 Training Visa.

Workplace Justice Visa Updates

We recently had our first Workplace Justice Visa granted in just one month.

The Workplace Justice Visa subclass 408 is a new visa introduced in 2024 to protect migrant workers who have experienced exploitation in their workplace.

In this first case, our client was not being paid properly by their employer and did not receive any superannuation.

Click here to learn more about the Workplace Justice Visa.

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New National Innovation Visa

If you are a high-talent professional, global researcher, entrepreneur, innovative investor, athlete or creative leading your field, the new National Innovation Visa (NIV) may be a great PR pathway to Australian PR for you.

To apply for the National Innovation Visa, you must put in an Expression of Interest and be invited by the Australian government.

There are 4,000 places for the National Innovation Visa in this financial year.

Click here to learn more about the new National Innovation Visa.

You can also complete our free NIV assessment, so our team can provide you with a free evaluation of your eligibility.

Minister of Religion Labour Agreement (MoRLA) Updates

The Department of Home Affairs is streamlining the Minister of Religion Labour Agreement (MoRLA) to provide faster pathways to permanent residence. Some key changes to the MoRLA include:

• Applicants can apply up to 60 years old
• A two-year or direct pathway to permanent residency through the 186 Visa
• Concessions for English language requirements, with only IELTS 4 for the 482 visa and 4.5 for the 186 Visa
• Labour market testing exemptions for eligible applicants

How to apply for an Australian Visa?

If you have any questions or need assistance with your visa application, feel free to book an appointment with one of our migration lawyers or registered migration agents.

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Sources: 

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/employer-nomination-scheme-186

https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FedCFamC2G/2024/1267.html

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1282

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/training-407

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-activity-408/australian-government-endorsed-events-workplace-justice-pilot

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/national-innovation-visa-858

https://immi.homeaffairs.gov.au/visas/working-in-australia/visas-for-innovation/national-innovation-visa

https://immi.homeaffairs.gov.au/what-we-do/skilled-migration-program/recent-changes/changes-to-the-minister-of-religion-labour-agreement

If you're onshore and considering applying for a skilled visa in Australia such as the 189 Visa, 190 Visa and 491 Visa, you might be wondering about submitting Expressions of Interest (EOIs) for different states or multiple visa types.

The process can be a bit complex, but understanding the rules and best practices can help maximize your chances of success.

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In this blog, we'll break down everything you need to know about submitting EOIs for multiple states, different visa types, and the specific processes involved.

Whether you're interested in applying for state nominations or exploring different pathways to permanent residency, this guide will clarify your options and help you navigate the EOI system effectively.

So, the common question that we receive is: "I am onshore, can I submit an EOI for different states or for more than one type of visa?"

1. Multiple States

Can you submit EOIs for multiple states?

• Yes, you can submit EOIs for multiple states, but each EOI must be specific to one state. In other words, you should not select "Any" state or list multiple states in a single EOI. If you do so, many states will not consider your EOI.

• Best practice: Submit separate EOIs for each state you're interested in. For example, if you want to be considered for state nominations in Victoria and South Australia, you would need to create two separate EOIs—one for each state.

State Eligibility Requirements:

• Different states have different eligibility criteria, so you need to ensure you meet the requirements of each state you're applying to. Most states and territories require applicants to be currently residing in the region to be eligible for nomination. However, Western Australia (WA) is an exception, as it is currently open to interstate applicants. For other states, if you are living outside the region, you are not eligible.

Points and Residency Considerations:

• Always ensure your EOI includes the correct details, such as your work experience, education, and other points criteria for each state. Ensure that you claim the right points (based on age, English language proficiency, work experience, Australian studies, etc.).

2. Multiple Visa Types

Can you submit EOIs for multiple visa types?

Yes, you can submit EOIs for different types of skilled visas simultaneously. Some common visa types that you can apply for are:

• Skilled Independent Visa (subclass 189): This is a points-based visa that does not require state or family nomination. You apply independently and can live and work anywhere in Australia.

• Skilled Nominated Visa (subclass 190): This requires a state or territory nomination. The nomination grants additional points, which can help you meet the points test for the visa.

• Skilled Work Regional (Provisional) Visa (subclass 491): This is a regional visa that requires a regional state or territory nomination. It allows you to live and work in designated regional areas of Australia.

Eligibility for Multiple Visas:

• Each visa type has its own eligibility criteria and points requirements. For example, the 189 visa doesn't require state nomination but requires a higher number of points compared to the 190 visa (which includes the nomination points).

• Before submitting EOIs for multiple visa types, ensure that you meet the eligibility requirements for each. It’s important to check that you meet the criteria for each visa, as well as the criteria for any states or territories you’re applying to.

3. State-Specific Processes:

Some states and territories require extra steps in addition to submitting an EOI. Here’s a breakdown:

• Victoria, South Australia, Tasmania: After submitting your EOI, you also need to register your interest by completing a Register of Interest (ROI). This allows the state to assess your interest in being nominated.
• Australian Capital Territory (ACT): For ACT, you need to submit a Matrix application (not just an EOI). The Matrix is a points-based system used to assess whether you are eligible for nomination by the ACT Government. If you do not complete these additional processes (ROI or Matrix), your EOI will be essentially inactive in the system and won't be considered until it expires. So make sure to follow through with these steps after submitting your EOI if required.

4. Managing Your EOIs

You can manage your EOIs in the Australian Government's SkillSelect system. The system allows you to keep track of the status of each EOI you submit.

• Can you update your EOI? Yes, you can update your EOI at any time before you receive an invitation to apply. For example, you may want to update your EOI if you gain more work experience, improve your English language test score, or change your state preferences.

• Ensure Your EOI is Up-to-Date: If there are significant changes in your circumstances or skills, make sure your EOI reflects this information. It can increase your chances of receiving an invitation from the relevant state or territory.

Do you need assistance in submitting your EOI?

Since 2011, Work Visa Lawyers has been assisting thousands of applicants and businesses with immigration matters.

If you need any help with submitting your EOI or applying for an Australian visa, please book an appointment to discuss your situation.

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Blog author: Wendy Guan – Registered Migration Agent

Sources: 

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-independent-189

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-nominated-190

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-work-regional-provisional-491

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

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

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

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

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

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

The National Innovation Visa (NIV) replaced the Global Talent Visa (GTV) from 7 December 2024. However, the new NIV is still subclass 858. So, what changed and what stayed the same?

Here we discussed the similarities and differences between the old Global Talent Visa and the new National Innovation Visa Australia.

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Internationally recognized record of exceptional and outstanding achievement

What stayed the same

Both GTV and NIV are for those individuals who have an internationally recognized record of exceptional and outstanding achievement in a profession, a sport, the arts and academia and research.

Like the GTV, applicants for the NIV must be prominent in their area, would be an asset to Australia and would not have difficulty in obtaining employment or in becoming established independently in Australia in their area.

What changed

For the National Innovation Visa, Ministerial Direction No 112 provides the priorities for assessing the applications. With global experts and recipients of top of field international awards will be given top priority followed by those who are nominated by an expert Commonwealth or State or Territory government. The third and fourth priorities will be those working in the tier 1 and tier 2 priority sectors respectively.

The Ministerial Direction also provides for the factors or considerations as to how the achievements are assessed such as whether they have received national research grants, whether they hold a PhD degree with high levels of academic influence or thought leadership.

Previously, athletes, creatives and the like apply under the Distinguished Talent pathway of sc-858. Now all NIV applicants are processed under the same pathway. Innovators, innovative entrepreneurs and investors are also targeted as potential applicants for the NIV.

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Sectors

What stayed the same

There are still priority sectors for the National Innovation Visa.

What changed

For the NIV, the sectors are now used to determine the priority in processing and are now classified into 2 tiers. Those falling into the tier 1 priority sector will be given the third priority and those in the tier 2 priority sector will be given the fourth priority.

The big change in terms of sectors is that DigiTech has been removed.

This is a major change because we previously found that the number of expressions of interest from DigiTech was very high, and the number of invitations issued accounted for 50% or more of the overall Global Talent Visa allocation.

Some of those candidates who previously fit into DigiTech now look at other sectors, such as critical sectors, which include AI, and the financial sector in FinTech, which has specializations including: Innovations in application programming, Blockchain engineering, Cloud technologies, FinTech cyber and data security, Financial data science and analysis and Software engineering.

Fair Work High Income Threshold is Still a Measure of High-Caliber Talent

The new priorities include many more objective measures, such as awards, but they still reference the ability to meet the Fair Work high income threshold.

The Fair Work high income threshold is currently $175,000 per year, and this amount increases every year on July 1st.

With the inclusion of many more criteria, the importance of demonstrating that you can meet the Fair Work high income threshold may have been somewhat diluted.

Nomination

What stayed the same

Just like for the Global Talent Visa, nomination is still required for the National Innovation Visa and a completed Form 1000 is still required at the time of the visa application.

The nominator is still required to have a national reputation in the same area as the applicant.

What changed

An expert Commonwealth or State or Territory government are now also able to nominate applicants for the NIV.

Those applicants referred by or nominated by an expert Commonwealth or State or Territory government are given top 2 priority in the processing of the applications.

Expression of Interest (EOI)

What stayed the same

The EOI is still submitted via a webform on the Department of Home Affairs website.

What changed

Unlike the Global Talent Visa, the EOI is now mandatory in order to have a valid application for the National Innovation Visa.  Previously, those applying for sc-858 under the Distinguished Talent pathway are not required to be invited in order to apply for the GTV. 

The processing of the GTV EOIs took about 3-6 months to be processed and if it was endorsed by a Global Talent Officer EOI is able to be processed in a few days. For the NIV, the Department of Home Affairs will invite applicants throughout the year and the submitted EOIs will be in the Department’s system for 2 years and they will expire.

For the GTV, the invitations used to expire after 12 months then the Department changed the policy and the EOIs had no expiration.

For the NIV, invitations are only valid for 60 days, that is, the applicant must apply for the NIV 60 days from the date of the invitation.

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Having successfully assisted hundreds of applicants for the Distinguished Talent and Global Talent visas, we are now helping clients with the latest talent-focused visa—the National Innovation Visa.

If you’re interested in applying for the National Innovation Visa, we encourage you to contact us. You can also complete our free assessment to determine your eligibility for an invitation.

Complete our free NIV assessment so our team can provide you with a free evaluation of your eligibility.

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Sources: 

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/national-innovation-visa-858

https://immi.homeaffairs.gov.au/visas/working-in-australia/visas-for-innovation/national-innovation-visa/priorities

This month has brought some major changes to Australian immigration policy, including:

• The replacement of the Global Talent Visa with the new National Innovation Visa.

• The launch of the 482 Skills in Demand Visa, replacing the 482 Temporary Skill Shortage Visa.

• The reduction from 2 years to 1 year of full-time experience to apply for a 482 visa.

• The introduction of the Core Skills Occupation List.

• 456 occupations, such as childcare worker, enrolled nurse, content creator and cook, now eligible for the 186 Direct Entry Visa.

• Updates on state nominations for the 190 visa and 491 visa and much more.

In this blog, we’ll break down all these changes to help you understand what’s happening and explore your visa options.

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The New National Innovation Visa

The new National Innovation Visa (NIV) replaced the Global Talent Visa on 6 December 2024, while retaining the same subclass 858.

The National Innovation Visa is a direct path to permanent residency for top-of-field candidates, such as global researchers, entrepreneurs, innovative investors, athletes, and creatives.

There are flexible criteria that may include:

• Achievements such as publications or awards

• Raising angel investor capital

• Receiving grants

• Being an entrepreneur

• Being within one of nine priority sectors

• Having earnings at or above the high-income threshold

• Getting a state nomination for innovative investment

As a heads up, compared to the previous Global Talent Visa, the new NIV places more focus on achievements. 

The DigiTech sector has been removed. However, some DigiTech-related roles may still fit into other sectors, such as the Critical Technologies sector, which includes specializations in AI and Cyber Security. Another potential area for previous DigiTech candidates is the Financial Services and FinTech sector, which includes IT and financial services specializations.

You can complete our free NIV assessment to check your eligibility for the National Innovation visa. 

New Skills in Demand Visa

The new Skills in Demand Visa (SID) was implemented on 7 December 2024, replacing the TSS 482 visa, but maintaining the same subclass 482.

The new Skills in Demand Visa (subclass 482) is an employer-sponsored visa with three different streams: the Specialist Skills, Core Skills and Labour Agreement streams. 

For all three streams, you need an Australian employer to sponsor you.

Core Skills Occupation List

The Core Skills Occupation List (CSOL), with its 456 occupations, will apply to the Core Skills stream of the new Skills in Demand Visa. 

Additionally, the CSOL will be used for the Direct Entry stream of the permanent Employer Nomination Scheme (subclass 186) Visa.

Some occupations added to the Core Skills Occupation List include:

• Child Care Worker

• Beauty Therapist

• Retail Manager

• Office Manager

• Tour Guide

Occupations removed from the occupation list include several farm manager positions, Café or Restaurant Manager, Real Estate Representative, Graphic Designer and Chiropractor.

Here, you can search the full Core Skills Occupation List.

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186 Direct Entry for All Occupations on the Core Skills Occupation List

The new Core Skills Occupation List will now give access to the Direct Entry 186 visa for all occupations on the list. This reflects the current government’s preference for permanent visas. They want to avoid people becoming "permanently temporary" on short-term visas, as former Home Affairs Minister Clare O'Neil often stated.

This is a significant change, as there are 456 occupations on the CSOL, which is many more than the previous Medium and Long-term Strategic Skills Occupation List (MLTSSOL).

Direct Entry 186 Visa Requirements

To qualify for the Direct Entry 186 visa, you need to meet the following requirements:

• Have an Australian employer sponsor

• Be paid at or above the TSMIT (Currently $73,150)

• Have a positive skills assessment for an occupation on the CSOL list

• Have competent English

• Have three years of full-time experience

Occupations now eligible for direct PR include Cook, Marketing Specialist, Retail Manager, Customer Services Manager, and Enrolled Nurse.

Please book an appointment if you need any assistance in applying for the 186 Direct Entry.

To Summarize: What Changed with Employer-Sponsored Visas?

1. Access to Direct Entry 186 visa for PR for all CSOL occupations. This will decrease applicants' interest in the Skills in Demand (SID) 482 visa.

2. 482 visa holders can bring their experience to the next sponsor without resetting the clock.

3. 482 visa work experience is now reduced to one year in the last five years for the SID 482 visa.

4. English Requirements for Skills in Demand Visa: 

• IELTS with an overall score of 5

• PTE with an overall score of 36, and at least 36 in each component

5. Specialist Skills stream applies to applicants in any ANZSCO occupation with a specialist skills income threshold of $135,000 or more (excluding trade workers, machinery operators, drivers, and laborers in ANZSCO Major Groups 3, 7, and 8).

What Didn’t Change?

• Employers and applicants are disappointed that proposed Skilling Australia Fund (SAF) reforms have not yet been made. As a result, the SAF fees remain unchanged.  
• Applicants will still need the employer to nominate them after two years to apply for the 186 Temporary Residence Transition pathway.

Updates on the 190 and 491 Visas

Victoria:

The Victorian skilled visa nomination program has released a list prioritizing construction trade occupations for visa nomination. Occupations such as Carpenter, Joiner, Plumber, Electrician, Cabinetmaker, and Cabler are on the list.

Tasmania:

Tasmania Migration has provided some important updates: For this financial year, Tasmania received a total of 1,924 submitted Registrations of Interest (ROIs), with 1,230 applicants invited to apply for nomination.

Tasmania has 2,100 places available for the 190 visa and 760 places for the 491 visa. 

If you are in Tasmania and meet all the requirements, there’s a good chance to be invited for the 190 or 491 visa.

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SkillSelect Dashboard

The Department of Home Affairs has made the SkillSelect Dashboard available, allowing you to access key information such as the number of EOIs submitted for the 190 visa, 491 visa, or 189 visa and the number of people in the system with submitted EOIs and their respective points.

The system can be a bit tricky to navigate, but with some exploration, you can uncover all the available data. 

The information displayed reflects data from the past two years within the system. 

We recommend using a computer to access the dashboard, as it is optimized for desktop use rather than mobile devices.

Australian Parliament

In the closing days of 2024, Parliament passed more than 30 bills, but the Migration Amendment Bill, which is essential for introducing the new visa programs, was not included.

With the Senate now closed until February 2025 and a potential federal election on the horizon, these reforms are likely to face further delays. 

If an election is called before Parliament reconvenes, the government will enter caretaker mode, preventing any major legislative changes until the new Parliament is established.

What Does This Mean for Immigration? 

Immigration changes are likely to slow down in the first half of next year. However, with an election campaign on the way, immigration is likely to be a key area of debate.

Hopefully, the debate will respect the significant contributions that migrants have made to Australia and the value of multiculturalism.

Student Visa Caps

The proposed student visa caps did not pass. The Australian government had suggested limiting new international student enrolments to 270,000 for 2025 to alleviate the housing crisis. However, the legislation failed to pass the Senate and will not move forward as planned.

How Can These Changes Affect You?

As you can see, the past week have brought significant developments in Australian immigration policy, from the launch of new visas like the National Innovation Visa, Skills in Demand Visa and the new Core Skills Occupation List.

With all these changes, it’s important to understand how these updates might impact your visa options or migration plans.

We have already been contacted by many people wanting to move ahead with the Direct Entry 186 visa. 

If you have any questions or need assistance with your visa application, feel free to book an appointment with one of our migration lawyers or registered migration agents.

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Sources:

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skills-in-demand-visa-subclass-482

https://immi.homeaffairs.gov.au/Documents/core-sol.pdf

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/national-innovation-visa-858

https://immi.homeaffairs.gov.au/visas/working-in-australia/visas-for-innovation

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

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

https://immi.homeaffairs.gov.au/visas/working-in-australia/skillselect/previous-rounds

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/employer-nomination-scheme-186

There has been an announcement published by the Department of Home Affairs on the Global Talent Visa page with significant implications. It provides:

• From 29 November 2024, the Expression of Interest (EOI) process for the Global Talent Visa has closed for new expressions.
• This closure is said to be in anticipation of the opening of the new National Innovation Visa (NIV).

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What about those who have an EOI for the Global Talent Visa but have not received an invitation yet?

The Department of Home Affairs has stated:
"If you have submitted an EOI for the Global Talent Visa and have not received a response from us, you can still apply for a Global Talent Visa before we introduce the NIV. You should ensure that you meet the exceptional thresholds and standard requirements for the visa program."

When will the new National Innovation Visa be opened?

Last month, the Queensland government announced plans to be involved in the process of nominations for the new National Innovation Visa.

This indicates ongoing discussions at both the departmental level and with state governments regarding the launch of the new visa.

The announcement says:
"You can also lodge a new EOI for the NIV when it becomes available. We will share more information about the NIV before we launch the program."

More information about the National Innovation Visa will be announced on December 7, 2024.

What are the main differences between the Global Talent Visa and the National Innovation Visa?

The biggest difference seems to be that with the National Innovation Visa, all potential applicants will have to go through the Expression of Interest process. This is very similar to the EOI process for a General Skilled Migration application.

With the current Global Talent Visa, you can apply directly without needing an invitation, and your application will be considered based on the visa requirements. However, you will still need a nomination if you’re applying directly.

Is the Department of Home Affairs still processing Global Talent Visas?

Yes. The Department of Home Affairs says:
“We will continue to process applications in accordance with annual migration planning levels and processing priorities for Skilled Visas. This includes assessing applications for priority processing in line with Ministerial Direction No. 89.”

Can I still lodge a Global Talent Visa?

Yes, you can. The announcement states:
"If you have submitted an EOI for the Global Talent Visa and have not received a response from us, you can still apply for a Global Talent Visa before we introduce the NIV. You should ensure that you meet the exceptional thresholds and standard requirements for the visa program."

Should you apply for both Global Talent Visa and National Innovation Visa?

The recent announcement includes the following:
“You can also lodge a new EOI for the NIV when it becomes available.”
The main advantage of the current Global Talent Visa is that you can apply directly without having received an invitation to the Expression of Interest process.
Of course, if you choose to lodge directly, you need to be confident that you meet the criteria.

The new National Innovation Visa will have an EOI system, and everyone will need to receive an invitation before lodging the visa.

What are the Criteria for the National Innovation Visa?

The new National Innovation Visa will provide opportunities for exceptional talent from diverse backgrounds, including:

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

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Will I be eligible for the new National Innovation Visa?

This is the big question we often asked.
The new National Innovation Visa will bring together applicants from two major categories: the Business Innovation Visas and the Global Talent Visa.

The Business Innovation Visas or BIIP program (formerly the 188 visa and 888 visa) have been waiting for a new visa category for some time. This includes business owners with experience and investors with capital to invest.

The Global Talent Visa, on the other hand, has attracted many individuals with successful careers and high salaries.
Combining these two categories into one visa class and broadening the criteria for Global Talent Visa makes the National Innovation Visa likely to be highly competitive, and getting an invitation will be challenging.

Another factor contributing to this competitiveness is that the National Innovation Visa will allow direct applications for permanent residency, which makes it more attractive than the previous Business Innovation 188/888 visas, which required holding a temporary visa for several years.

It also appears that the National Innovation Visa will remove the need to fit into one of the 10 industry sectors, which previously limited the pool of applicants. This will likely make the National Innovation Visa even more competitive.

Until the full criteria is released, we can’t provide a definitive answer for every potential applicant. However, we can say that the focus will be on high-achieving entrepreneurs, academics, sportspeople, creatives, and investors. It will be a highly competitive process to receive an invitation.

If you need any assistance on the global Talent Visa or the New National Innovation Visa, please contact our office.

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Sources:

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/global-talent-visa-858

The Department of Home Affairs has released the list of occupations invited in the November 189 Invitation Round.

This was a significant round, with 15,000 EOIs invited across many occupations, ranging from 65 to 115 points.

In this blog post, we will discuss the key occupations invited, the points required for eligibility, and how this round compares to the two previous rounds in 2024.

What is the Skilled Independent visa (subclass 189)?

The 189 Visa is a Permanent Residency visa in Australia. This visa is a points-based system, where applicants must meet specific criteria, including work experience, English proficiency, and educational qualifications. The 189 Visa is not tied to a specific employer, offering more flexibility to work and live anywhere in Australia.

The 189 Invitation Round is a key component of this process, where the Australian government invites applicants who have lodged their Expression of Interest (EOI) to apply for the visa. Invitations are based on the applicant’s points score, with higher scores leading to a better chance of receiving an invitation.

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The November 2024 189 Invitation Round

In the November 2024 189 Invitation Round, a total of 15,000 EOIs were invited. The round invited a range of occupations with varying points thresholds, with skilled workers from several industries benefiting from the opportunity to apply for the 189 Visa.

Like the last two rounds in June and September, the November invitation round included many trades such as Bricklayer, Cabinetmaker, Carpenter, Electrician, Painter, and Plumber, all with a minimum of 65 points.

Occupations Invited in the November 2024 Round

The following are some examples of the occupations invited in the November 2024 round, along with the minimum points required for each:

• Bricklayer, Cabinetmaker, Carpenter, Electrician, Painter, and Plumber: Invited with a minimum of 65 points.

• Architect, Construction Project Manager, Early Childhood (Pre-primary School) Teacher, Midwife, Social Worker, and Registered Nurses: Invited with a minimum of 70 points.

• Educational Psychologist, Pathologist, Metal Fabricator and General Practitioner: Invited with a minimum of 75 points. 

• Civil Engineers, External Auditors, and Motor Mechanics: Invited with a minimum of 85 points.

• Accountants, ICT Business Analysts, and Diesel Motor Mechanics: Invited with a minimum of 95 points.

Comparison to the 2024 Invitation Rounds

This November 2024 invitation round follows two earlier rounds that took place in June 189 Invitation Round and September 189 Invitation Round 2024. The first round in June invited approximately 5,292 EOIs, while the September round saw 7,973 invitations. 

Interestingly, the migration planning level for 2024-2025 indicates that the government planned to grant 16,900 visas for the Skilled Independent visa. However, more invitations have already been issued, with 7,973 invitations in September and 15,000 in November, totalling 22,973 invitations this financial year.

One key trend in 2024 has been the higher number of invitations for skilled trades in the building sector with many occupations being invited with minimum of 65 points.

Will there be more 189 invitation rounds this financial year? 

There is a possibility of additional 189 invitation rounds in the coming months, as the Australian government continues to prioritize skilled migration to address critical workforce shortages. However, given the high number of invitations already issued, there may not be further rounds. Despite this, we remain hopeful that additional invitations will be extended during this financial year.

If you are looking for guidance on your 189 visa application or need help with your Expression of Interest (EOI), don’t hesitate to reach out to an experienced immigration lawyer or migration agent to help you navigate the process. 

If you are not receiving an 189 visa invitation, you should also consider other visa options, such as employer-sponsored visas (186 visa, 482 visa, 494 visa), DAMA, or a Partner Visa if you have an Australian partner.

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Sources: 

https://immi.homeaffairs.gov.au/visas/working-in-australia/skillselect/invitation-rounds

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.

• Labour Agreement Stream: The TSS Labour Agreement Stream will be renamed the Skills in Demand Labour Agreement Stream.

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.

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.

2. Migration policy changes could occur, leading to lower migration targets.

3. The Australian economy and migration could be affected by US policies, especially regarding tariffs on China, Australia's largest trading partner.

4. 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