Foreign investors will soon be banned from purchasing established homes in Australia as part of the Albanese government's efforts to ease pressures in the housing market.
From 1 April 2025 to 31 March 2027, foreign buyers, including temporary visa holders and foreign-owned companies, will no longer be allowed to purchase existing homes, except in limited cases.
These limited exceptions will apply to investments that substantially boost housing supply or enhance housing availability, as well as those related to the Pacific Australia Labour Mobility (PALM) scheme.
The Albanese Government states the goal of the ban is to reduce competition in the housing market and increase homeownership opportunities for Australians.
The government will review the ban in 2027 to decide whether it should be extended.
How Will This Impact Temporary Residents?
Currently, temporary residents are allowed to buy one established home if they use it as their primary residence. Under the new rules, many long-term temporary visa holders, such as those on 491 visa or 494 visa, will now face major restrictions on property ownership.
This change may increase demand for rental properties, as temporary visa holders who previously would have purchased homes will now compete for rentals instead.
What Do These Changes Mean for Foreign Investors?
The new policies will make it more expensive and difficult for foreign investors to buy property in Australia, particularly established homes. However, investing in new developments that contribute to housing supply may still be possible under certain conditions.
The government states the two-year ban is designed to prioritise homeownership for Australians while ensuring that foreign investment benefits the housing market. With stricter regulations and higher fees, these changes are expected to impact property prices, rental markets, and investment trends.
However, this doesn’t mean all hope is lost—there are still several viable visa pathways available for skilled hospitality professionals.
In this blog, we’ll cover the best visa options for Cafe and Restaurant Managers in Australia, helping you navigate the complexities of the Australian immigration system.
Why Were Cafe and Restaurant Managers Removed from the CSOL List?
The removal of Cafe and Restaurant Managers from the CSOL list was a major policy shift that disrupted many migration plans.
As a result, new applications for the 482 visa and the Direct Entry 186 visa are no longer available for these occupations.
This change reflects the government's focus on addressing skills shortages in other sectors, particularly in response to Australia's housing crisis, where occupations like teachers, healthcare workers, and construction professionals are given priority for state nominations.
What Are the Best Visa Options for Cafe and Restaurant Managers?
You can still apply for state nomination through the 190 visa or 491 visa by submitting an Expression of Interest (EOI).
To qualify, you will need:
A positive skills assessment as a Cafe or Restaurant Manager
At least competent English proficiency
At least 65 points on the points test
However, state allocations for these visas are limited, and priority is currently given to occupations addressing Australia's housing and healthcare shortages.
Waiting for an invitation for restaurant managers may not be the most reliable strategy.
2. Skilled Employer Sponsored Regional (Provisional) 494 visa
If a cafe or restaurant is located in a regional area, you could be eligible for the 494 visa.
This provisional visa offers a pathway to permanent residency after three years.
To be eligible, you need:
At least three years of full-time work experience as a Cafe or Restaurant Manager
A positive skills assessment
At least competent English
Meeting the experience requirement can be challenging for some applicants.
3. Labour Agreements: Flexible Sponsorship Options
Labour agreements provide customised sponsorship opportunities for employers and offer concessions on visa requirements, including age, work experience, and English proficiency.
They can also provide pathways to permanent residency for applicants aged between 45 and 55.
There are three primary types of labour agreements suitable for Cafe and Restaurant Managers:
Businesses must have an annual revenue of at least $2 million, employ specialised staff such as chefs, waiters, and sommeliers, and provide table service.
Available in regional areas such as South Australia, Western Australia, and the Northern Territory. DAMAs offer concessions on age and English language requirements but are not available in Brisbane, Sydney, or Melbourne.
If you already hold a 482 visa as a Cafe or Restaurant Manager, you can still apply for permanent residency under the Temporary Residence Transition (TRT) 186 visa after two years of employment with your current sponsor.
You must be nominated by your current employer. If you want to change employers, your occupation must still be on the Core Skills Occupation List (CSOL) to transfer your 482 visa to a new employer.
If your occupation is no longer listed, you’ll need to apply for PR through your current employer.
What If Your Visa Options Are Limited?
Given the recent policy shifts and growing competition for state nominations, Cafe or Restaurant Managers may need to consider alternative pathways, such as employer-sponsored visas through labour agreements or the 494 visa, exploring other eligible occupations, or consulting with an immigration specialist for personalised advice.
Stay Updated with Australian Immigration Changes
At Work Visa Lawyers, we have been providing up-to-date immigration news and guidance for over ten years.
If you're unsure about your eligibility or need advice tailored to your situation, we recommend scheduling a consultation with our experienced migration lawyers. You can also follow us on our Instagram, TikTok, Facebook or YouTube for more information.
Contact us today for expert advice on the best migration pathway for your situation.
If you're a childcare worker, cook, or tradesperson looking to apply for a 482 visa or 186 visa in Australia, you may be facing a significant challenge: the minimum salary threshold (formally known as the Core Skills Income Threshold/CSIT or previously the TSMIT).
The current salary requirement for these employer-sponsored visas is proving to be a major barrier for many skilled workers and their employers.
In this blog, we’ll explore how the CSIT is too high for many industries, what alternatives are available, and how programs like the Designated Area Migration Agreement (DAMA) could offer some relief.
We recently received a comment from Bianca, in a video on our YouTube channel, that highlights the growing concern that:
“The salary threshold is way above the Childcare Work and Legal Award. No centre can pay that.”
While childcare workers now have good opportunities to apply for an employer-sponsored 482 visa or seek permanent residency (PR) through the 186 visa, they face one major obstacle: the minimum salary requirement of $73,150 per year (which will increase to $76,515 per year from 1July 2025).
How Child Care Industry Wages Compare to the 482 Visa Salary Requirement
Under the Children’s Services Award, the minimum salary for a Level 3.1 employees with an AQF Certificate III in Children's Services or equivalent qualifications is approximately $53,679.
This falls significantly short of the minimum salary requirement for the 482 visa, which makes it hard for most childcare centres to offer sponsorship to an employee. While some childcare providers pay above-award wages and might be able to meet this requirement, for most businesses, it remains an unrealistic expectation.
Other Occupations Facing Similar Challenges
The CSIT affects not only childcare workers but also other skilled trades, including cooks, motor mechanics, and entry-level tradespeople.
Many employers in these sectors struggle to meet the $73,150 salary threshold, even though the roles are essential for filling skill shortages across Australia.
DAMA: A Viable Solution for Lower Salary Occupations
Under the DAMA program, employers may receive salary concessions for sponsoring skilled workers under some occupations, including childcare workers.
Benefits of DAMA for Childcare Workers and Tradespeople:
Allows a lower salary threshold than the standard TSMIT or CSIT (usually up to 10% concession)
Offers age concessions (up to 55 years old)
Provides flexibility for English language requirements
Can lead to permanent residency after meeting eligibility criteria
However, applicants must still meet other requirements, including a valid skills assessment, relevant work experience, and an Australian employer willing to sponsor their visa.
How to Find an Employer Sponsor for the 482 Visa
Finding a sponsor can be one of the biggest challenges when applying for the 482 visa.
We have a blog guide with practical tips to help you secure a sponsorship, covering strategies such as networking within your industry, tailoring your resume for Australian employers, and focusing on opportunities in regional areas that qualify for DAMA agreements.
The Future of Employer-Sponsored Visas for Childcare Workers and Trades
With the rising demand for childcare workers and skilled tradespeople in Australia, particularly in regional areas, there’s hope that future policy changes will address the disconnect between salary thresholds and industry wages.
Stay Informed and Find Your Best Visa Pathway
At Work Visa Lawyers, we understand how difficult it can be to meet the current 482 visa salary requirements.
Our team is dedicated to helping skilled workers like you explore all available visa options and navigate complex immigration policies.
Contact us today to schedule a consultation with one of our experienced immigration lawyers.
February brings crucial updates and important discussions on Australian immigration. In this blog, we cover the latest visa changes and answer some of the main questions that we have been receiving.
A 491 visa for a Registered Nurse in South Australia
A 491 visa invitation with 70 points for a Swimming Instructor in South Australia
189 Visa Invitation Round: What to Expect
The federal government does not have a fixed schedule for 189 visa invitation rounds, but trends can be identified based on planning allocations and previous rounds.
Given that the planning level for the entire year ending June 30, 2025, is 16,900 places, there may not be another round or, at best, a small, targeted round focusing on construction trades and healthcare occupations.
Why Have There Been No 491 Family-Sponsored Visa Rounds?
The past three invitation rounds have issued zero invitations for the 491 Family-Sponsored visa.
While this visa is designed to allow skilled migrants to live with relatives in regional areas, the government has chosen not to allocate invitations.
Given the low number of invitations over the past two years, individuals interested in this pathway should explore alternative options, such as state-nominated 491 visas or employer-sponsored visas.
Applications can now be lodged a few days before completing the two-year requirement to avoid the need for a new 482 visa.
Additionally, time spent on bridging visas between two 482 visas can now count toward the two-year work requirement.
Federal Election and Migration Policy Changes
Some journalists predict that the federal election will take place on or before May 17. A change in government typically leads to policy shifts, including migration reforms.
As soon as the government announces the election date, we will provide updates on potential impacts on immigration policy.
This visa, often referred to as the "Golden Visa," has been controversial in the past.
Additionally, the newly announced National Innovation Visa (NIV) includes opportunities for experienced angel investors. Those with a proven history of investing in startups may be eligible for the direct-to-PR 858 visa.
State and Territory 190 and 491 Visa Updates
Queensland
Queensland has used approximately 50% of its state nomination allocations and is prioritizing onshore 491 visa applicants. The 491 visa Small Business Owner program still has places available, though competition is high with 16,000 registrations of interest.
The Northern Territory has suspended new EOI applications for both the 190 visa and 491 visa, having already received enough to fill their total allocation for 2024-25.
The program will reopen once allocations for 2025-26 are confirmed, with new EOIs only accepted from applicants facing visa expiry or age-related eligibility issues.
Australian Capital Territory (ACT)
The ACT held a skilled migration nomination invitation round on January 30, 2025, issuing 230 nominations for the 190 visa and 314 nominations for the 491 visa.
Why Are Some States Closing Their Nomination Programs?
State allocations this financial year have been limited, and some states have already filled most of their available places.
The volume of EOIs received far exceeds the number of invitations states can issue. While EOIs remain in the system, most will not be invited.
Those who have not received an invitation should consider other visa options, such as employer-sponsored pathways.
Employer-Sponsored Visa Updates and Salary Challenges
The new Core Skills Occupation List (CSOL) now includes Child Care Workers, allowing them to apply for the 482 visa or 186 visa.
However, meeting the minimum salary requirement of AUD 73,150 remains a significant challenge.
Under the Children's Services Award, the Level 3.1 minimum annual salary is approximately AUD 53,679, making it difficult for most childcare centres to offer sponsorship. While some centres pay above award rates and may be able to sponsor a 482 visa, the salary threshold remains a significant barrier.
Similar challenges exist for other entry-level trade occupations, such as cooks and motor mechanics.
DAMAs are regional labour agreements that provide flexibility in age, salary, and English language requirements for employer-sponsored visas, including the 482 visa, 494 visa and 186 visa.
These agreements allow concessions, such as increasing the age limit to 55 years and setting salary requirements at AUD 65,838 or above.
In South Australia and Western Australia, the entire state is covered by DAMA agreements.
Recent DAMA visa grants in South Australia have included occupations such as sommelier and horticulture grower.
The full case details are available for review here.
Current Visa Processing Times
Many applicants are concerned about visa processing delays. However, compared to our analysis in September 2024, current processing times remain relatively stable. Here are some key processing times as of February 2025:
Many temporary visa holders are facing the end of easy renewal options, particularly for COVID-19 408 visas, Working Holiday visas, Student visas, and 485 Graduate visas.
The best next steps depend on an individual’s situation and skills.
If you need assistance exploring visa options or finding a pathway to permanent residency, our experienced immigration agents and lawyers are here to guide you.
Since 2011, we have helped thousands of applicants and businesses achieve their Australian immigration goals.
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:
Sponsorship Approval: The business must apply to become an approved sponsor through the Department of Home Affairs.
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.
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.
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.
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.
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.
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?
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?
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.
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.
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?
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.
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:
Review your application: Ensure your child’s birth and residency in Australia are well-documented.
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.
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.
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:
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.
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.
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.”
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.
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.
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.
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.
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.
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.
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.
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.
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.
GTV sectors
NIV Sectors
Resources
Agri-Food and AgTech
Energy
Health industries
Defence, advanced manufacturing and space
Circular economy
DigiTech
Infrastructure and tourism
Financial Services and FinTech
Education
Tier 1:
Critical technologies;
Renewables and low emission technologies;
Health industries.
Tier 2:
Agri-food and Ag-tech;
Defence capabilities and space;
Education;
Financial services and FinTech;
Infrastructure and transport;
Resources
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.
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.
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.
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.
