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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
Themes could be adopted from the US election following Trump’s victory, possibly leading to more negative sentiments about migration.
Migration policy changes could occur, leading to lower migration targets.
The Australian economy and migration could be affected by US policies, especially regarding tariffs on China, Australia's largest trading partner.
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.
As the Australian Government announced following the results and recommendations from the migration reviews undertaken in 2022 and 2023, the TSS (Temporary Skills Shortage) 482 Visa will be replaced with the new Skills in Demand Visa (SID Visa) Subclass 482. This new Skills in Demand Visa and provide more flexibility to workers and employers and is planned to be implemented in the end of 2024.
In this blog, we will discuss the most popular stream of the Skills in Demand visa: the Core Skills pathway.
In connection with this, Jobs and Skills Australia (JSA) opened a consultation on the new Core Skills Occupation List (CSOL). The Draft Core Skills Occupations List is an important component of Australia's evolving migration strategy. This draft list categorizes occupations into different streams based on their importance to the economy and the current labour demand, providing a structured approach to manage employer-sponsored migration more effectively.
The Core Skills Occupation List is being designed to identify occupations that are essential for Australia’s economic health, particularly those that are in shortage and can benefit from employer-sponsored migration and will be released soon.
The Core Skills Occupation List split into three categories:
Confident On List– Occupations that Jobs and Skills Australia is certain should remain on the list.
Occupations such as Social Worker, Registered Nurse, IT Network Administrator and Diesel Motor Mechanic are on the Confident On List.
Confident Off List– Occupations recommended for removal based on current labour market insights.
Occupations such as Cattle Farmer, Cafe or Restaurant Manager, Real Estate Representative and ICT Project Manager are on the Confident Off List.
Targeted for Consultation– Occupations that require further input from stakeholders to determine their necessity and priority.
Occupations such as Finance Manager, Cook, Chef, Marketing Specialist, Hairdresser and Web Designer are on the Targeted for Consultation List.
We submitted a proposal to the Australian government highlighting the occupations we believe should be included on the Core Skills List.
Please see below for our full submission.
Submission:
The need for a comprehensive Core Skills Occupation List
Research by the University of Adelaide’s South Australian Centre for Economic Studies, The Potential Benefits of Reforming Migration Policies to Address South Australia’s Needs (2017)[1] found that the Employer Nominated Scheme (ENS) and the Temporary Work (Skilled) visa are relevant for addressing the skill shortages faced by South Australian employers. The research further states that the ENS, in particular has proven effective in meeting these skills shortages.
Further, according to the Migration Review (2023), one of the five core objectives that underpin Australia’s migration system is “making the system work by being fast, efficient and fair for migrants and employers”. The Australian Government’s Review of the points test Discussion Paper (April 2024) notes changes to the points test as recommended by the Migration Review “would support a clearer delineation” between the Skilled Independent visa program which focuses on long-term prosperity and the Employer Nominated program which focuses on meeting immediate skills needs.
Considering the above, we submit that the Employer Nominated Scheme plays an important part in Australia’s long-term economic progress. And if the needed occupations are not on the CSOL will not be able to meet the needs of the employers. The needs of businesses vary greatly between industries and between major cities and regional areas and a wider CSOL is needed so that the employers can get the employees/workers they need.
In addition to the Public Interest Criterion (PIC) 4020 provision applicable to all visa applications, i.e., criterion that provides that a visa application might be refused if the applicant provides Bogus Documents or False/Misleading Information, there are a number of measures in place to protect and promote the integrity of the employer-sponsored program, including specific provisions under migration law prohibiting payment for sponsorship, Departmental monitoring and imposition of sanctions for breaches of sponsorship obligations and the genuine position requirement. The genuine position requirement for example is designed to help filter out applications which are not designed to fill labour shortages, but which are being used for the purpose of migration outcome. Such a genuine position requirement should also be built into the core skill visa.
There is nothing inherently better about having a shorter or more restricted list. With the significantly higher Temporary Skilled Migration Income Threshold (TSMIT) currently set at $70,000 a year, to be indexed going forward, employee sponsored visas are no longer focused on low paid occupations.
The Review of the points test Discussion Paper stated that “[n]early a quarter of skilled migrants work in a job below their skill level. ENS visa holders are least likely to work in a job below their skill level as they have to be employed in an occupation that matches their qualification and work experience.
Designated Area Migration Agreements (DAMAs) are useful, but the DAMA occupation lists do not include many key occupations and do not cover all regional Australia. For example, Tasmania does not have a DAMA.
Needs of Regional Industries and Australians living in regional areas
The current starting point of the Confident On CSOL list seems to be heavily weighted towards jobs in large Australian cities and against regional located occupations. This is contrary to the needs of Australia. Australia’s export industry is mostly based in the regional areas and therefore there is a genuine need for the services of the skilled workers in regional Australia.
Medium and Long Term Strategic Skills List (MLTSSL)
Short Term Skilled Occupation List (STSOL); and
Regional Occupational List (ROL).
The Core Skills Visa is only planning to have one list, the Core Skills List. This means that that introduction of the Core Skills Visa leads to the abolition of the sc-482 Regional Occupational List (ROL). The needs of regional Australia continue and the Core Skill List needs to incorporate the occupations that were on the ROL.
Abolishing the Regional Occupation List means that regional occupations need to be built in the CSOL. There is currently congestion at major cities, i.e., Melbourne, Sydney and Brisbane.
Risks of a restrictive CSOL List
We believe the currently proposed very narrow Core Skills List has been influenced by the arguments of the Grattan Institute.
The Grattan Institute in March 2022 released a report, Fixing Temporary Skilled Migration: A Better Deal for Australia, where the institute provided their recommendations to address the issues relating to skills shortages, etc. The Grattan Institute recommends, among other things, that temporary sponsorship should be reserved for higher-wage jobs in any occupation. We submit that this recommendation poses risks for Australia’s migration program as a whole as discussed below.
Grattan Institute’s recommendations pose a major barrier and could create or worsen skills shortages
The Grattan Institute is far too narrowly focused on the economic value of migrants through tax. Their model is to attract younger, higher-skilled migrants who earn high incomes and pay substantial taxes, in order to generate long-term fiscal dividends. Serious danger lies in adopting this model for our migration program as a whole.
Rather than focusing on meeting current labour-driven demands, the Grattan Institute advocates for granting permanent residency to migrants in higher-earning jobs who are expected to pay more tax over their lifetime. Based on economic modelling, the Grattan Institute contends this reform would consequently boost the federal and state budgets by billions over the next decade.
Adaption of the Grattan Institute’s recommendations could supply Chief Executives (ANZSCO 111111) and Taxation Accountants (ANZSCO 221113) to work in large cities while the regions are unable to access Disability Service Officers (ANZSCO 411712), Refugee Workers, Emergency Services Workers (ANZSCO 441211) and Motor Mechanic (General) (ANZSCO 321211).
Realistically, it will also severely worsen Australia’s housing, infrastructure and skills shortages problems.
Risk 1: Creating more skills shortages by focusing on high-skilled and high-earning occupations which will leave Regional Australia with crippling skills shortages while filling major capital cities with an influx of high-earning professionals
The Grattan Institute inspired migration policy focused on high earning occupations, works well to fill leafy areas of Melbourne and Sydney with highly paid professionals, while simultaneously depriving regional Australia of crucial workers. In the end this will only worsen massive skills shortage for aged care, childcare and agricultural workers.
Migrants of varying skill levels have a great deal to contribute to the workforce, economic and social fabric of Australia. Their intrinsic value does not boil down to income and generated tax revenue. The recommendations put forward by the Grattan Institute are wholly antithetical to the aims of the migration program and would exacerbate, rather than solve, major challenges Australia faces today.
The emphasis should not just be on high skills, but on the jobs that need to be done. If the Grattan Institute’s inherently short-sighted policies are implemented, the reality is hard-hit industries namely aged and disability care, childcare and agriculture will continue to unduly suffer. This is all the more problematic for regional Australia, which has long grappled with challenges in attracting and retaining skilled workers.
Risk 2: Rendering Australia exposed to significant challenges and weakening its sovereign capabilities in many aspects such as food production and transport
Adopting an overly narrow CSOL poses a serious threat to Australia’s sovereign capabilities.
Australia’s ability to feed its people relies on resources and infrastructure in regional Australia. Agriculture is the lifeblood of our nation. At the most fundamental level, we are reliant on the agricultural industry to meet our basic needs for food and produce. Labour shortages lead to diminished production and wasted yields, with the end result being higher prices for goods. Inflation in turn significantly impacts the cost of living for everyday Australians.
We do not accept the notion that the primary aim of the migration program is to increase and maximise tax revenue for the government through income tax generated from migrants, as is being championed by the Grattan Institute. The Grattan Institute’s approach relies on the assumption that everything important to Australia’s economy is founded upon a high salary. This is an unequivocally false assumption; many essential services in our society are provided through lower paid occupations which contribute to our health and wellbeing as well as food security, trade and the ongoing supply of vital goods.
List lag behind industry needs
The lists can often lag behind the needs of industry and businesses in terms of occupations. This can particularly be in relation to ICT related occupations that are constantly developing.
We are finding a strong demand from industry for the occupation of User Experience Designer (ANZSCO 261113). We recommend the inclusion of User Experience Designer (ANZSCO 261113) on the CSOL.
Continued need for separate regional focused visas (sc-491 and sc-494)
It is useful to be given an opportunity to make submissions on occupations to be included for the upcoming Skills in Demand Core Skills Visa. However, it should be noted that there is still an important role for regional focused visas with generous lists which extend beyond the Core Skills Visa.
The subclass 494- Skilled Employer Sponsored Regional (Provisional) visa is a regional focused visa and while it has a generous list it is currently hamstrung by having the need for a skills assessment for all applicants and three years of relevant experience. These sc-494 requirements make it more demanding than the current sc-482 or the new proposed core skills visa.
For regional locations to have access to skills, sc-494 needs to be reformed to lessen the requirements, so that they are in line with those required for the core skill in terms of relevant qualifications and two years of experience, with no need for a skills assessment for the Core Skills Visa in most circumstances.
Detailed occupation suggestions
Draft CSOL Targeted for Consultation
There are a large number of farm management level positions which are currently on the “Targeted for Consultation” list.
We have previously done a range of these occupations for family businesses and for larger businesses that desperately needed skilled management personnel due to their regional locations with the following occupations having been important, i.e., Dairy Cattle Farmer (ANZSCO 121313) and Winegrape Grower (ANZSCO 121617).
As a country that has an agricultural industry worth about AUD$100 billion (in 2022-23)[2], Australia can benefit from having agriculture and production related professional occupations and therefore should be on the list including an Agricultural Consultant (ANZSCO 234111), Agricultural Research Scientist (ANZSCO 234114), Food Technologist (ANZSCO 234212), Wine Maker (ANZSCO Code 234213).
Further, AgTech related occupations include Agriculture and Aggregate Technician (ANZSCO 311111), Animal Husbandry Technician (ANZSCO Code 311113), Agriculture and Fisher Technician (ANZSCO 311112), Irrigation Designer (ANZSCO Code 311115), Pharmacy Technician (ANZSCO 311215) should also be on the list.
Similarly, Meat Inspector (ANZSCO 311312) and Primary Product Quality Assurance Officer (ANZSCO 311314) should also be on the list. We recommend that all the farm management level positions be placed on the list.
There is a housing shortage in Australia and there is also a large number of civil construction and infrastructure projects underway. This is in addition to the current skill shortage in the industry, as Infrastructure Australia reported there is a 229,000 public infrastructure workers shortfall[3]. There are a number of occupations related to the building and construction in the CSOL Targeted for Consultation List such as: Project Builder (ANZSCO 133112) , building related occupations of Architectural Draft Person (ANZSCO 312111), Building Associate (ANZSCO 312112) , Construction Estimator (ANZSCO 312114), Plumbing Inspector (ANZSCO 312115), Mechanical Engineering Draftsperson (ANZSCO 312511), Building and Engineering Technician, nec (ANZSCO 312999) that should be included in the Confident On List.
South Australia has a growing manufacturing industry[4] and we recommend that Production Manager (Manufacturing) (ANZSCO 133512) be on the list.
We recommend that health related occupations being included on the list including Medical Administrator (ANZSCO 134211), Nursing Clinical Director (ANZSCO 134212), Primary Health Organisation Manager (ANZSCO 134213).
We found that the hospitality industry is underrepresented and there are a number of hospitality related occupations which are very important to regional Australia including Hotel or Motel Manager (ANZSCO 141311) and Accommodation and Hospitality Manager nec (ANZSCO 141999). These occupations are required by many hospitality businesses’ business model.
Australian Hotels Association SA chief executive officer Anna Moeller stated that ““Skills shortages are one of the biggest issues our hotel members are facing today and, in particular, the chronic shortage of cooks and chefs.[5]” This skills shortage in the hospitality business is a real threat to South Australia’s renowned restaurant, bar and café industry.
It is certainly important to regional cities and towns and to Australian tourism generally that Cooks (ANZSCO 351411) and Chefs (ANZSCO 351311) be included on the Core Skills List.
In relation to general business, the occupation of Retail Manager General (ANZSCO 142111), is important to regional locations that often have trouble filling these roles.
There are range of ICT and STEM roles which should be included including Data Scientist (ANZSCO 224999, ICT Account Manager (ANZSCO 225211) and ICT Sales Representative (ANZSCO 225213). ICT roles including ICT Business Analyst (ANZSCO 261111) and System Analyst (ANZSCO 261112) Multimedia Specialist (ANZSCO 261211) and Web Developer (ANZSCO 261212) are important to the creative film industry and should be included.
The occupation of Helicopter Pilot (ANZSCO 231114) is important not only to agriculture but also to tourism and hospitality, and therefore it should be included.
For research in health and pharmaceuticals, Medical Engineer (ANZSCO 233913), Life Scientist (General) (ANZSCO 234511), Biotic Technologist (ANZSCO 234514), Marine Biologist (ANZSCO 234516), Life Scientist nec (ANZSCO 234516) should be included.
Our firm represents some research bodies and we have nominated seven or more Life Scientist nec (ANZSCO 234599) this year under the sc- 482 which are going into high-paid research roles. There remains a need in this area, and were this occupation not listed, these businesses would be unable to fill important roles that underpin employment of Australians in the science sector.
The frequently nominated occupation of Marketing Specialist (ANZSCO 225113) for the sc-482 should also be available for the new list. They should also be extended to Content Creator (ANZSCO 225114), and Digital Marketing Analyst (ANZSCO 225115).
There is often difficulty in filling teaching roles in regional areas and we recommend teaching roles to be included including Middle School Teacher (ANZSCO 241311).
We also recommend that occupations that will provide assistance to those with disabilities or special needs should be included, and we are surprised that they are not already included on the list. We recommend the inclusion of Teacher of the Hearing Impaired (ANZSCO 241512), Teaching of the Site Impaired (ANZSCO 241513), Registered Nurse (Developmental Disability) (ANZSCO 254416).
There can be a serious shortage of trades in the regions, and this consistently been a shortage of Motor Mechanics and we recommend that Motor Mechanics (General) (ANZSCO 321211) being included. This is our second most frequently nominated occupation over the last 10 years and it is essential for it to be included.
Response to the draft CSOL Confident Off List
There are a large number of farm management related occupations which are on the Confident Off List. We recommend that they are all included to allow the regional businesses to fill these positions and to help them not just survive but thrive. Of particular importance to South Australia is the occupations of Beef Cattle Farmer (ANZSCO 121312) and Vegetable Grower (ANZSCO 121616). South Australia is one of the largest producers of vegetables for Australia and the international market and it is essential that the occupation of Vegetable Grower is included.
According to the data from the South Australian Department for Industry, Innovation and Science, “[m]anufacturing is currently South Australia’s largest sector, accounting for around 17% of total state output by revenue[6].” Thus, it is important for South Australian businesses that manufacturing related roles including Manufacturer and Production Manager (ANZSCO133512) are included in the list.
Regional areas often have problems filling childcare related roles, and the childcare related occupations are Childcare Centre Manager (ANZSCO 134111) and well should be included. Accessing social services and community support is also difficult and the occupation of Welfare Centre Manager (ANZSCO 134214) should be included.
We also note that welfare workers such as, Community Worker (ANZSCO 411711), Disabilities Services Officer (ANZSCO 411712) and Child or Youth Worker (ANZSCO 411716) are in the Off List. This is disappointing as this would affect some of Australia’s most vulnerable residents’/citizens’ access to necessary care and services. It is already difficult to fill these positions from local labour and taking these off the list would just add to the issue.
Hospitality related roles should be included including Cafe Restaurant Manager (ANZSCO 141111), Caravan Park and Camping Ground Manager (ANZSCO 141211), Bed and Breakfast Manager (ANZSCO 141911), Conference and Event Organiser (ANZSCO 149311). Again, these occupations are necessary for the businesses to operate, and it is widely accepted in the hospitality industry that is difficulty to fill these positions especially in the regions.
For the creative arts and video and film industries the occupation of Media Producer (ANZSCO 212112) is important.
To provide services to migrants the occupation of Teacher of English to Speakers of Other Languages (ANZSCO 249311) should be included.
Summary Points
While we recognise that the skilled occupations list needs to be reviewed and amended to adapt to Australia’s current and long-term skills shortages, we submit that we should not lose sight of the core objectives of Australia’s migration system.
There is a need for an effective wide skilled occupation list to meet the Australian businesses needs and so that they can get the employees they need especially in the regions.
There is a need for separate regional focused visas and regional focused skilled occupation list.
The skilled occupation list should not just be heavily focused on high-skilled or high-earning occupations.
Occupations with a long and proven history of skill shortages such as Cooks, Chefs and Motor Mechanic and those occupations needed to provide key services services such as health and teaching should be on the list.
Conclusion
Now that you have had the chance to review our submission, you can see that it is essential to advocate for a comprehensive Core Skills Occupation List (CSOL) that accurately reflects the diverse needs of both regional and urban employers.
As the migration landscape evolves, it is vital to ensure that the CSOL encompasses a wide range of occupations, particularly those that contribute significantly to sectors such as construction, agriculture, healthcare, and education. By broadening the scope of the CSOL and maintaining robust regional visa pathways, Australia can better meet the skill demands of various industries while also supporting its long-term economic growth.
Implementing these recommendations will not only enhance the effectiveness of the migration program but also ensure that it remains responsive to the pressing needs of businesses across the nation, particularly in regions that face unique challenges in attracting and retaining skilled workers.
[1]South Australian Centre for Economic Studies.The Potential Benefits of Reforming Migration Policies to Address South Australia’s Needs. Report 3: Policy Solutions. Commissioned and funded by: Migration Solutions, Thomas Foods International, RDA Murraylands and Riverland, Shahin Enterprises, Local Government Association of SA, Education Adelaide, The Population Institute of Australia, The Urban Development Institute of Australia, The Property Council SA, BDO Australia. Report prepared by: The South Australian Centre for Economic Studies, University of Adelaide. September 2017
The National Innovation Visa, expected to be introduced in late 2024, will replace both the Global Talent Visa and the Business Innovation and Investment Program. This new visa aims to attract exceptionally talented migrants to Australia, including high-performing entrepreneurs, major investors, and global researchers.
You can read more about the National Innovation Visa here.
Global Talent Visa latest updates:
1. Global Talent Visa Skill open
The Global Talent is currently still moving forward and is not closed yet. We are still getting invites for our clients.
We have noticed that Expressions of Interest (EOIs) from applicants who clearly do not meet the prioritization parameters are being rejected very quickly. Some applicants received rejection decisions as fast as 2 weeks, while others were informed within 2 months.
It seems that applicants who do not meet the high-income threshold are being rejected quickly. Additionally, some applicants already in Australia on other visas, such as the subclass 482, are also receiving rejections.
3. People with Rejected EOIs Trying Again
Resubmitting an EOI after an unsuccessful attempt depends on the case. There are those who are unsuccessful because they did not provide enough evidence but have the achievements, salary, etc and perhaps did not provide good responses to the questions in the EOI webform. These applicants may have a chance if they improve their submissions and evidence.
Then there are those who do not meet the parameters of the program so if they cannot provide any significant changes since submitting their first EOI, they would still get an unsuccessful EOI.
4. Global Talent Visa Processing Time
The current processing time for the Global Talent Visa is between 9 to 12 months.
5. Global Talent Visa has become more competitive
We have been saying this for a while now, but with the announced closure of the GTV visa and the planned merger/consolidation of the GTV and business visa into one visa, the National Innovation Visa, coupled with the reduced allocation from 5,000 to 4,000, the GTV has become even more competitive.
Thus, it is very important to show that the applicants meet the high-income threshold and have the required internationally recognised achievements in their field.
6. Nominators
Self-represented applicants for the GTV have also reported that they have been getting requests to prove their nominator's status. This is one indicator that the Department is more stringent in assessing the applications.
We have also seen that there are instances where the Department contacted the nominator to verify the contents of the Form 1000 and have even contacted some referees to check the claims of the applicants.
Global Talent Visa Requirements
While the Global Talent Visa remains open, it is important to make sure your meet all the requirements for your EOI.
Just putting a EOI in because you hear it is closing, without considering the criteria, is not a good idea.
The criteria include, being in one of the target sectors, having international recognition for outstanding achievements, earning a salary above the current income threshold of A$175,000 (for the 2024-2025 Financial year), being employable in Australia and securing an eligible nominator.
Take a free Global Talent Visa assessment
If you’re considering applying for the Global Talent Visa, we offer a free assessment on our website where we can provide feedback on your chances of being invited.
Over 140 different occupations were invited, with points ranging from 65 to 115.
No invitations were issued for the 491 Skilled Work Regional Family Sponsored visa in this round.
Here's a summary of some key industries and the minimum points required:
Construction Trades:
Carpenters, Electricians, Painters, Joiners, Plumbers, and Glaziers were all invited with a minimum of 65 points.
This is good news for tradespeople, as these are some of the lowest point requirements in this round.
Teaching:
Early Childhood (Pre-primary School) Teachers and Secondary School Teachers needed a minimum of 75 points to receive an invitation.
Healthcare:
Registered Nurses: 75 points.
Midwives: 75 points.
General Practitioners: 75 points.
Social Workers: 75 points.
Clinical Psychologists: 85 points.
Nursing Clinical Directors: 115 points.
Engineering:
Civil and Mechanical Engineers were invited with 90 points.
Information Technology:
ICT Business Analysts and Analyst Programmers were invited with 90 points.
Developer Programmers: 100 points.
Other occupations:
Chefs: 90 points.
University Lecturers: 90 points.
Accountants: 95 points.
What this means for applicants
The lower the points requirement, the better the chances of receiving an invitation. In this round, construction trades had the lowest point requirement at 65, followed by healthcare and teaching professions at 75, and then moving to higher points for engineers, ICT professionals, and accountants.
How to apply for the 189 Skilled Independent Visa?
Obtain positive skills assessment and have at least Competent English
You must meet minimum 65 points to be able to lodge an expression of interest (EOI)
Submit an EOI through SkillSelect
If invited, submit visa application within 60 days of receiving an Invitation to Apply and include all supporting documents for the application
Considering other visa options
If your occupation did not get invited, or if the points required are much higher than you can achieve, it might be time to explore alternative visa pathways. Employer-sponsored visas, such as the 482 visa or 494 visa, might be a suitable option for those struggling with the high points threshold in the 189 visa.
Do you need help with your visa application?
Our team of experienced Immigration Lawyers and Migration Agents is ready to assist you with your visa application.
Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.
In this blog, we will cover the latest Australian immigration news including student visa caps, visa processing times, the 189 visa invitation round, Medicare for temporary visas, Global Talent visa and updates on state nominations.
30,000 for other universities and non-university higher education providers
90,000 for the vocational education and training (VET) sector
Exemptions:
School students
Higher degree by research programs
English-language providers (ELICOS)
Non-award programs
Potential Impact:
Harder to get enrolment for vocational and university courses in Australia.
Less enrolments for prestigious universities in Melbourne and Sydney.
Some students may have their enrolments withdrawn before the visa is granted and not get the visa.
More enrolments for regional universities.
It will be harder to do a second or third course once in Australia. For example, if you enter Australia as an English student and then want to apply for a VET course.
No caps at all for English courses or school students, so these will become more popular.
If you have any questions or need assistance with your Australian visa application, feel free to book an appointment.
VETASSESS has reduced the processing time for skills assessments in professional and non-trade occupations. The typical processing time has decreased from 10-15 weeks to 8-10 weeks.
The 403 Innovation and Early Careers Pilot (IECSEP) is a new visa introduced as part of the Australia-UK Free Trade Agreement that allows eligible UK citizens to work in Australia.
The IECSEP includes two streams: the Early Careers stream, which offers a 12-month visa, and the Innovation stream, for higher-skilled UK citizens, which provides a 3-year visa.
Successful applicants for the IECSEP Pilot will enter Australia on a Temporary Work (International Relations) subclass 403 visa under the Government Agreement stream.
Applications for both streams are currently open. UK citizens currently residing offshore or already in Australia on a valid visa can apply.
Total visas available under the IECSEP will be 1,000 in the first year, and 2,000 in the second year of operation, during which the program will be reviewed.
For many years, some temporary visa holders in Australia have suffered from workplace exploitation by their employers. Many of these migrant workers do not report such exploitation due a range of concerns including losing their jobs, having their employer-sponsored visa canceled, or being left without a valid visa while their case is under investigation.
In response to these concerns, the Department of Home Affairs has introduced on July 24, 2024, a new visa called the Workplace Justice Visa (Subclass 408). This pioneering initiative aims to support temporary migrants who have faced workplace exploitation.
The visa allows these individuals to remain in Australia for a designated period to address issues related to unfair treatment, such as wage theft, unsafe working conditions, unlawful wage deductions, or other forms of exploitation.
At Work Visa Lawyers, we have been advocating for a Workplace Justice Visa for several years. For instance, we called for a vulnerable person visa in a migration strategy blog published on November 21, 2022.
Main types of exploitation that may be covered by the Workplace Justice Visa:
underpayment or non-payment of wages or other workplace entitlements;
unlawful, unpaid or underpaid training or trials;
up-front payment or deposit for a job;
misclassification of workers as independent contractors instead of employees;
unlawful deductions from wages;
unfair dismissal;
non-compliance with workplace health and safety requirements;
bullying, in relation to work or an arrangement in relation to work;
sexual harassment, in relation to work or an arrangement in relation to work;
discrimination, in relation to work or an arrangement in relation to work;
coercion, undue influence or pressure, or misrepresentation, in relation to work or an arrangement in relation to work.
Recent case of exploitation
In a recent case highlighted by the Fair Work Ombudsman, a record $15.3 million in penalties was imposed on the operators of Sushi Bay outlets in NSW, Darwin, and Canberra for the deliberate exploitation of vulnerable migrant workers. The companies involved underpaid 163 workers, primarily Korean nationals on student, working holiday, and 457 skilled worker visas, by a total of $653,129 between February 2016 and January 2020.
The workers were exploited through practices such as falsifying records to conceal underpayments, with individual amounts ranging from $48 to $83,968.
This case underscores the severe consequences for businesses that engage in wage theft and exploitation of migrant workers.
Protection against visa cancellation
A crucial aspect of this visa is the protection against visa cancellation. Migrants will not face deportation threats when they come forward to report exploitative employers, if they can meet the requirements for the Workplace Justice Visa.
Who can apply for the Workplace Justice Visa and visa duration
Temporary migrants who have experienced workplace exploitation may be eligible to apply for this visa and can stay in Australia for 6 to 12 months.
Certification requirement for the Workplace Justice Visa
To apply, migrants must obtain certification from an authorized entity or government agency. This certification verifies their claims of exploitation and the need for an extended stay to resolve these issues.
Some of the main challenges of the 408 Workplace Justice Visa include:
Obtaining the certification of your workplace exploitation claim from a participating government agency or an accredited third party
Holding a temporary substantive visa with work rights, with no more than 28 days remaining; or having held a temporary substantive visa with work rights that has ceased within 28 days
At present, we do not know how long it will take for the participating government agency or accredited third party to provide this certification. Since the temporary migrant can only apply for the Workplace Justice Visa when their visa is close to expiring or has already expired, this could make the process of obtaining the Workplace Justice Visa more difficult.
The Workplace Justice Visa Pilot Program represents a significant step towards ensuring fair working conditions and protecting migrant workers in Australia. It not only provides a temporary solution for those facing exploitation but also reinforces the commitment to upholding human rights within the workforce. As the pilot program is rolled out, it is expected to have a profound impact on the ability of migrant workers to seek redress for injustices they face in the workplace.
Are you being exploited and looking to apply for the Workplace Justice Visa?
Our team of experienced Immigration Lawyers and Migration Agents is ready to assist you with your visa application.
Please contact us if you need assistance with your 408 Workplace Justice Visa application. You can book an appointment online or call us at (+61) 8 8351 9956.
Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.
From 14 October 2024, the Administrative Appeals Tribunal (AAT) will be abolished and replaced with the Administrative Review Tribunal (ART). Legislation to abolish the AAT and replace it with the ART passed the Australian Parliament in May 2024. The transition marks a significant restructuring of the administrative review process in Australia.
The key changes that are expected to take place as part of the transition include:
Implementing a transparent and merit-based appointments process
Appointment of additional members to address existing backlogs
Implementing sustainable funding arrangements
Implementing a single and updated case management system to address risks
Introducing procedural efficiencies and process improvements
Implementing support services and emphasise early resolution where possible
These reforms reflect a broader effort to modernize and improve the administrative review system in Australia, ensuring that it is more effective, efficient, and responsive to the needs of the public.
Common questions and answers
What happens to my appeal with the AAT?
If you have an ongoing appeal that you lodged with the AAT, you do not need to worry. All matters currently before the AAT will continue as usual and will automatically transition to the ART upon its commencement on 14 October 2024. This is to ensure continuity for applicants without requiring any additional actions from them.
Do I need to submit a new appeal application with the ART?
No, if you have an ongoing appeal with the AAT, you do not need to lodge a new application with the ART as your application will automatically transfer to the ART as part of the transition.
Is the AAT still operating until 14 October 2024?
Yes, the AAT will continue to consider applications until the commencement of the ART on 14 October 2024. Until the commencement, you can still lodge or manage applications and other documents through the AAT website.
Are all decisions made by the AAT still valid?
Yes, if you have an AAT decision that has already been finalised by the AAT, it will not be considered again by the ART.
We will provide further updates in relation to the expected changes as they are announced by the Australian government.
If you have an appeal and are unsure about how the changes may affect you, please feel free to contact us.
As the end of the fiscal year approaches, many changes are being made to the Australian immigration system. Many of these changes stem from the Budget 2024-25.
We have already posted some videos about these changes, which you can find on our YouTube channel.
Today’s news includes an exciting 189 invitation round, restrictions on applying for student visas, skills assessment updates, and a new visa coming soon.
No Student Visas for Those with Tourist/Visitor or Graduate Visas
From 1 July 2024, visitor visa holders and temporary graduate visa holders will not be able to apply for student visas onshore. In the short term, this will lead to many graduate and visitor visa holders lodging applications before 30 June 2024.
In summary, from 1 July 2024, the following subclasses will not be able to apply for a student visa onshore:
Subclass 485 (Temporary Graduate)
Subclass 600 (Visitor)
Subclass 601 (Electronic Travel Authority)
Subclass 602 (Medical Treatment)
Subclass 651 (eVisitor)
Subclass 988 (Maritime Crew)
This is in addition to the visas already listed which cannot make a valid student visa application, which are:
Subclass 403 (Temporary Work) International Relations – Domestic Worker (Diplomatic or Consular) stream
Subclass 426 (Domestic Worker (Temporary) – Diplomatic or Consular)
Subclass 771 (Transit)
Subclass 995 (Diplomatic Temporary) – primary visa holders only
189 Invitation Round Released
A 189 Skilled Independent Visa invitation round has just happened On the 13th of June 2024! It includes invitations for a wide range of occupations with high points, many in the range of 85 to 100 points. The occupations include engineers, accountants, ICT professionals, and construction-related trades, such as carpenters and painters.
Before this round, the last few rounds only included invitations for health and teaching professions, which was discouraging for those in other occupations.
The June 2024 round is encouraging for many, as it opens up opportunities for a wide range of occupations.
State Nomination 190 and 491 Visas Updates
Only New South Wales (NSW) and the Australian Capital Territory (ACT) are still open. The other states are already closed and will reopen in the new financial year.
Increase in the TSMIT
From 1 July 2024, the TSMIT will increase from $70,000 to $73,150.
The TSMIT is the minimum salary that employers are required to pay when they sponsor someone on a 482, 186, or 494 visa.
Any new nominations from this date will need to meet the new TSMIT of $73,150.
This change will not affect existing visa holders and nominations lodged before 1 July 2024.
Good News for People Seeking to Apply for the 482 Employer-Sponsored Visa
From November 2024, applicants will be able to apply for the 482 employer-sponsored visa after 1 year of experience. Currently, the applicant must have 2 years of full-time experience.
With the shortage of invitations in the points-based visas, this change for the employer-sponsored 482 visa will be welcomed by many students and 408 holders looking for their next visa.
Masters (research) and PhD graduates, as well as Hong Kong and British National Overseas passport holders, will still be eligible if they are under 50 years of age.
Any applications lodged on or after 1 July 2024 will be assessed under the new subclass 485 visa requirements, which include the reduction of the age limit to 35 and under.
There has been much media commentary in relation to Directions 99 and the decisions of the AAT.
This pertains to visa holders with character issues and some decisions by the AAT to reinstate visas for those with criminal convictions.
A new Direction 110 has been released, emphasizing the protection of the Australian community in visa decisions involving character issues.
ORANA DAMA Expanded
The variation of the Orana Designated Area Migration Agreement (DAMA) has been expanded to include an additional 41 local government areas across inland NSW.
This expansion grants a geographical boundary extension to include the RDA regions of Riverina, Murray, Southern Inland, and Central West.
The variation will support the development and growth of regional NSW, expanding to 129 occupations under the Orana DAMA, giving businesses across 53 local government areas in NSW access to a broader range of skilled workers.
The Skilled Migrant Job Connect Subsidy program is now available through the Migration WA Portal to help onshore migrants cover the costs of skills assessments, gap training, and occupational licensing by providing reimbursements of up to $7,500.
This support aims to assist migrants in gaining employment in Western Australia that aligns with their overseas qualifications, skills, and experience, thereby bolstering the state’s skilled workforce.
This new visa aims to attract exceptionally talented migrants to Australia, such as high-performing entrepreneurs, major investors, and global researchers. Streams of the National Innovation Visa could include:
VETASSESS reopened new applications for Chefs and Fitters, which they stopped last year.
In May, they also reopened to cooks, diesel motor mechanics, and motor mechanics.
Trades Recognition Australia (TRA) Updates
The requirement for mandatory skills assessment through the Offshore Skills Assessment Program (OSAP) has been removed for certain automotive trades from qualified applicants/countries of passport. Applicants can now have their skills assessed through the Migration Skills Assessment (MSA) program. This change provides a less expensive documentary evidence-only assessment option.
Do You Need Help with an Australian Visa Application?
Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your visa application. Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world. You can book an appointment online or call us at (+61) 8 8351 9956.
The South Australia (SA) Regional DAMA and the Adelaide City DAMA have been both extended and expanded.
The SA Regional DAMA now includes 128 new occupations from various sectors including construction, trades, agribusiness, ICT, health, education, and renewable energy.
We submitted suggestions to the Government of South Australia to include certain occupations on the DAMA list. We welcome the inclusion of occupations such as Registered Nurse in Child and Family Health, Registered Nurse in Disability and Rehabilitation, Winery Worker, Sheep Farm Worker, and others on the list.
The 'Winery Worker' occupation is a valuable addition, especially since South Australia has a strong wine industry.
Other important occupations added to the list include Truck Driver, Bricklayer, and Floor Finisher.
This is excellent news for those seeking permanent residency pathways!
The annual nominations for the SA Regional DAMA have increased from 750 to 2000, valid until June 30, 2025.
Concessions
South Australia continues to offer age concessions up to 55 years, a 10% reduction in the Temporary Skilled Migration Income Threshold (TSMIT), and other concessions in English and work experience.
South Australia DAMA Occupation List
The SA DAMA comes under two agreements which list eligible occupations and concessions available:
Adelaide Innovation and Technology Agreement: the occupations are restricted to employers in the Adelaide Metropolitan region. The only concession that applies to these occupations is that they all have a pathway to permanent residency, and include an age concession.
South Australian Regional Workforce Agreement: includes some occupations eligible to employers in the whole of South Australia and some occupations eligible for employers only in the postcode range 5220 to 5734 (non-metropolitan SA). The agreement includes a range of occupation-specific concessions concerning:
Skills and experience
TSMIT
English
Age
Permanent pathway
Review the lists to see if your occupation is eligible and what concessions apply.
Do you need help with an Australian visa application?
Australia is one of the top choices for foreign students when it comes to education. Although, studying in Australia is incredibly exciting and rewarding for student from all over the world, there are some things a student visa holder should not do while holding a student visa.
Here are 5 such things that a student visa holder should avoid doing:
Working more than permitted:
Student visa holders are allowed 48 hours per fortnight during their course is in session. Students are not allowed to work up until their course starts. Make sure you adhere to these limitations to avoid violating your visa conditions.
Not maintaining health insurance:
Overseas Student Health Cover (OSHC) is mandatory for the duration of your stay in Australia. Ensure you keep your health cover active and up to date to avoid any issues.
Not informing changes in circumstances:
If there are any changes in your circumstances such as change of address, or relationship status, you must inform the Department of Home Affairs within the specified timeframe.
Not attending classes:
Student visa holders are expected to maintain satisfactory attendance in their enrolled courses. Failure to attend classes regularly can lead to visa cancellation.
Not complying with any of the above may have a negative impact on your student visa. In some situations, your student visa may get cancelled.
For any advice specific to your situation, please contact us. We will be happy to help!
Do you need help with an Australian visa application?
Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your visa application.
Based in Adelaide, South Australia, we provide Australian Immigration advice to people and businesses from all over the world.
With enrolment cancellations by institutions and rising refusals, international students have started to feel the impact of the Australian migration strategy released in December 2023, aimed at reducing migration levels.
Universities Cancelling Course Offers for Students
Recent news has revealed that some Australian universities are cancelling enrolment offers to international students. Several universities have taken the extreme step of writing to students whom they had approved but who were still waiting for their visas to be granted, requesting they cancel their enrolment. This is devastating for those who have an offer and are already envisioning their course in Australia. This has already affected many international students, causing frustration and disappointment with the sudden decision.
Why Are Universities Cancelling International Student Offers?
Some institutions have chosen to limit the countries from which they will accept applications to increase their visa approval rate. There are concerns from some universities that they might no longer be classified as low-risk entities by the Department of Home Affairs, affecting their standing and operations.
The migration strategy released in December 2023 included several recommendations for international students, such as increased funding for visa integrity, higher English language requirements, and more rigorous scrutiny of lower-quality education providers by ranking them based on their risk level.
It appears that universities are cancelling admission offers to safeguard their reputation and avoid a high number of visa rejections.
Increase in Student Visa Refusal Rates for Some Countries and Some Institutions
There has been a significant increase in the number of visa refusals, which is expected to rise further in the second half of 2024.
High refusal rates: Over the last 15 years, student visa application approval rates have consistently been above 90%. However, recent government figures reveal a decline to 82% last year, with the approval rate for vocational education even lower, dropping to 70% in the last six months of 2023.
Which countries have higher refusal rates? According to a report by The Australian Financial Review on January 30, 2024, there was a significant decrease in student visa approval rates for applicants from some countries, such as India with a reduction from 73% to 42%, Pakistan from 64% to 30%, the Philippines from 81% to 36%, and Nigeria from 71% to 29% over four months from June to September 2023, as noted by Craig Mackey of IDP Education Australia, an international education company offering student placement in Australia.
Ian Aird, CEO of English Australia, another international education company, mentioned that in October 2023, student visa grants from Colombia were down by 34.79% over the same comparison period in 2022. Approval rates for visa applications for the education provider English Australia, from Thailand and Brazil in October 2024 compared to the year before, also experienced declines, with Thailand's rate dropping by 89.99% and Brazil's by 46.82%.
However, approval rates for countries such as South Korea, China, Singapore, and Taiwan were at 90% or higher, possibly due to financial capacity and genuineness of intention to study.
Why Are There Higher Rates of Student Visa Refusal?
The government aims to reduce the net overseas migration number, from 510,000 in the last year to 375,000 this current year, and then to 250,000, which is regarded as the "normal" level. Much of the reductions will be in student visas.
The student refusals are mostly based on the Genuine Temporary Entrant Criteria (GTE). In many cases, the GTE rejection seems to hinge on the economic status of the student's home country, rather than the individual's qualifications or demonstrated intent to study at the institution.
Unfortunately, it is getting tougher both for education providers and with Home Affairs. If you need any assistance, please contact us.
Do you need help with an Australian visa application?
Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your visa application.
Based in Adelaide, South Australia, we provide Australian Immigration advice to people and businesses from all over the world.
You can book an appointment online or call us at (+61) 8 8351 9956.
If you are thinking about applying for a partner visa in 2024, it is helpful to understand the Australian Department of Home Affairs’ (Department) current requirements and how it assesses a partner visa application.
Partner Visa Types and Stages
You can apply for a partner visa either onshore or offshore. Partner visa applications have two stages. The first stage is a temporary partner visa and the second stage is a permanent partner visa. Partner visa applicants become eligible to apply for the permanent stage of the visa two years after the date of application for the first stage of the partner visa.
If you are an applicant inside Australia, you will need to apply for a temporary onshore partner visa (Subclass 820) followed by a permanent partner visa (Subclass 801). Applicants applying outside of Australia will need to apply for a temporary offshore partner visa (Subclass 309) followed by a permanent partner visa (Subclass 100).
Requirements for the applicant
To be eligible to apply for a Partner Visa in Australia, an applicant must be in a genuine and ongoing married or de facto relationship with an eligible Australian citizen, permanent resident, or eligible New Zealand citizen. You must also meet all the other requirements for the visa including health, and character. This typically involves providing police clearance certificates and undergoing medical examinations, if required.
A sponsor for a partner visa must be an Australian citizen, permanent resident, or eligible New Zealand citizen. The sponsor must also meet the age, health, and character, and financial requirements. There are some limitations on sponsors, for example sponsors are barred from sponsoring more than one partner within a five-year period. For more information about these limitations, please contact us to speak to a Lawyer or Registered Migration Agent.
Requirements for the relationship
The Department needs to be satisfied that the relationship between the visa applicant and the sponsor is “genuine and continuing” therefore you will need to provide substantial proof of your married or de facto relationship. The Department considers the following four pillars in assessing whether a relationship is genuine and continuing:
Mutual commitment – this looks at the level of commitment between the couple and considers the duration of the relationship, length of time they have lived together, level of support they provide to each other and the couple’s future plans
Financial aspects of the relationship – this can include evidence of any joint ownership of property or assets (e.g. house, car, shares), joint liabilities (e.g. home loan or a rental property in both parties’) or shared finances like a joint bank account
Nature of the household – this can include a joint responsibility for the care and support of children, joint living arrangements and shared housework responsibilities
Social aspects of the relationship – this looks at whether the relationship is known and supported by the couple’s friends and family which can be shown through statements, support letter or photos. It can also include evidence of involvement in social activities together, joint travel, or joint invitations or attendance at social events
While it is important and helpful to provide evidence of all the four criteria in a partner visa application, the Department policy suggests that generally a relationship is assessed overall and takes into consideration all factors within the relationship.
Processing times
Partner visa processing times vary based on the subclass of the partner visa you are applying for and the specific circumstances of each application. Currently, onshore partner visa applications are being processed within 5 months to 3 years. Offshore partner visa applications are being processed within 11 months to 2 years. It is important to understand that these processing times may change. They are provided as a guideline only and some applications may fall outside of these processing times.
You can keep track of the Department’s processing times here.
Costs
The costs associated with a partner visa application in Australia can vary depending on the specific subclass of visa you are applying for. Additionally, the fees are subject to change, so it's important to check the latest information on the Department website or consult with us for the most accurate details.
Below is a breakdown of some of the costs you may need to consider:
Visa Application Charge (VAC): this is the main fee charged by the Department for processing your visa application. Currently, the VAC for an onshore and offshore partner visa is $8,850. This fee is for the main applicant only and excludes any additional or secondary applicants. If there are any secondary applicants for example, any eligible children then the Department charges an additional $4,430 for each additional application aged 18 and over and $2,215 for each additional applicant aged under 18.
Biometrics: If biometrics (such as fingerprints and a photograph) are required as part of the application process, there may be additional costs associated with this. The cost for biometrics varies depending on the location where they are collected.
Health Checks: You and your partner may need to undergo medical examinations as part of the visa application process. The cost of these examinations varies depending on the medical provider and the specific tests required.
Police Clearance Certificates: You may need to obtain police clearance certificates from any country where you have lived for 12 months or more in the last 10 years. The cost of obtaining these certificates varies by country.
Translation and Certification of Documents: If any of your supporting documents are not in English, you may need to have them translated by a certified translator. You will need to take into account any costs associated with translating your documents, if required.
Professional Legal Fees: You may wish to engage a Lawyer or Registered Migration Agent to assist you with your partner visa application. The professional legal fees vary based on each legal service provider. Please feel free to contact us if you need legal assistance with your partner visa application or would like to discuss our fees for assisting with your application.
Other Miscellaneous Costs: Depending on your specific circumstances, there may be other costs associated with the application process, such as postage fees, travel expenses for interviews or appointments, and obtaining additional supporting documents.
Embarking on a short-term professional venture in Australia? The Temporary Work Short Stay Specialist Visa Subclass 400 might be your golden ticket for those looking to work in Australia on a short-term basis. In today's blog, we'll explore the key aspects of this visa, its features, eligibility criteria, and why employers find it particularly appealing.
The Subclass 400 visa is designed for individuals who wish to work on specific, short-term projects in Australia. This could include activities such as specialized work, or projects related to critical industries.
It's a great option for those who need to be in the country for a short duration and have a specific skill set.
Short-Term Duration: This visa is typically granted for a short period, usually up to three months but can be up to 6 months depending on the circumstances. Your stay in Australia commences once you arrive and does not restart each time you travel.
Eligibility criteria:
Specific Work or Activity:
You must be invited to participate in a specific project, event, or activity, and your stay is limited to the duration needed for that particular task.
The work must be:
Highly specialised.
Non-ongoing work.
Will not disadvantage Australian workers.
Not for the entertainment industry – not acting, directing, performing, etc.
Specific work: While you're on this visa, you can work on the specific project or activity outlined in your visa application or applying linked to that.
Genuine Temporary Entrant:
You should intend to stay in Australia temporarily and have the means to support yourself during your stay.
Health and Character Requirements:
Like any visa application, you must meet health and character requirements.
Health assessments and police clearance are not commonly required for a 400 visa.
Some will require biometrics.
Why do employers like the 400 visa?
There are no sponsorship obligations for this visa.
There is no Skilling Australia Fee – SAF – for this visa.
The application only has one stage, as compared to longer-duration visas which often have three stages.
The application process for the Subclass 400 visa is relatively straightforward. The processing time varies, but in general, is between 8 to 20 days.
Need Help Applying for a Temporary Work Short Stay Specialist Visa Subclass 400?
Work Visa Lawyers can assist you in applying for a 400 visa. As one of Australia's largest immigration law firms, our professional team can guide you through the process.
Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.
You can book an appointment online or call us at (+61) 8 8351 9956.
PR Visa Granted: Tips and Resources for Bringing Your Personal Items to Australia
After being granted a visa to Australia especially if it is for permanent residency, one of the things that migrants think about is whether they will bring any of their personal belongings that did not or cannot fit in with their allowable airline baggage allowance. Can they take their personal belongings with them when they go to Australia? What they can bring with them? How can they bring their personal effects to Australia? Should they ship their possessions or buy everything in Australia?
Bringing your personal and household effects to Australia can be tricky and may be expensive. There are many requirements and documents to be provided.
Australia has strict laws on biosecurity and quarantine especially those relating to food, plant and animal material. You should also note that there are restrictions on what you can bring into Australia and that permits and fees are required for certain items. The items you shipped may also be subject to inspection.
Unaccompanied Personal Effects (UPEs)
If you are shipping your household and other personal items to Australia and these items arrive separately to you, these items are referred to as Unaccompanied Personal Effects (UPEs).
Non-motorised caravans, boats and aircraft can also be considered as UPEs but subject to certain conditions.
Note that items like wood and other timber items may need to be treated before they can be ship to Australia.
What can you not bring to Australia?
The following are the items you cannot bring into Australia as personal effects[ii]:
fresh fruit and vegetables
live plants, bulbs, tubers, corms, and cuttings
prohibited and restricted seeds
unidentified seeds (including spices)
khapra beetle high-risk plant products
live animals (including pets) that require an import permit
biological products including some plant based, herbal medications
unprocessed goods of plant or animal origin
soiled goods, or goods containing organic residues
goods knowingly infested with pests or a disease.
If you are not sure if an item can be brought to Australia you can use the Biosecurity Import Conditions system (BICON)[iii]. The BICON system will let you know whether the item you are planning to bring to Australia:
Is permitted
Is subject to import conditions
requires supporting documentation
requires treatment
needs an import permit
UPE concession
If you are eligible, you may be able to avail of a UPE concession and your UPEs will be cleared customs control without requiring you to pay:
customs duty
goods and services tax (GST), or
other taxes and charges.
To be eligible for the UPE concession you must:
be a passenger or crew member of a ship or aircraft
have arrived from a place outside Australia, and
depending on the nature of the goods, meet permanent residency requirements
and the goods must be:
your personal property
suitable and intended for use by you in Australia
personally owned and used overseas by you for the specified length of time before your departure for Australia. For example, non-motorised caravans and trailers, and certain boats must be owned and used by you for at least 12 months before your travel to Australia.
You will meet the permanent residency requirements if you:
are an Australian citizen
hold a permanent visa
hold a special category visa.
Note that there are certain items that are not eligible for the UPE Concession. These include motor vehicles, alcoholic beverages, tobacco, etc.
UPE clearing
Your UPEs would need to be cleared. You need to provide a completed Unaccompanied Personal Effects Statement (B534 Form). This can be lodged in person (you will be required to under an Evidence of Identity check) or by electronic lodgment through the Integrated Cargo System (ICS).
Fees may be payable and there may be additional charges if the goods shipped needs treatment.
You can hire a reputable customs broker and/or freight forwarding company to help you with this process.
Tips when packing your personal effects:
When preparing your goods for shipping ensure that they are thoroughly cleaned and there are no traces of dirt or any foreign matter. For example, you need to scrub and wash to your shoes, sporting equipment, camping equipment, etc. Vacuum the carpets, rugs and mats. Make sure the items being shipped are thoroughly cleaned and dry.
The Australian Department of Agriculture, Fisheries and Forestry has the following advice when packing your personal belongings for shipping to Australia:
Make a packing list - Have a clear and complete record of everything you are shipping. Label all the boxes and record what is in each box. You also need a description of the items in the box, for example, wooden bed frame, plastic chairs, etc.
Australian authorities would be require this list.
Label and number your boxes.
It is advisable not to use second hand boxes especially if the box had been previously use to carry plant or animal product.
Pack items in groups. Items that potentially pose a biosecurity risk is best packed together to facilitate inspection by the biosecurity officer.
Safely pack your items. For example, wrap sharp objects like knives to prevent injury and do not back flammable items like fireworks or aerosols.
Trades Recognition Australia (TRA) is a skills assessment service for people with trade skills gained overseas or in Australia for the purpose of migration.
It offers skills assessment programs based on your occupation, country of passport, where you studied, and the type of visa you are seeking. There are 5 programs:
Provisional Skills Assessment (PSA)
This is for the 485 applicants. PSA must be completed before you can apply for the JRP.
Job Ready Program (JRP)
The JRP is an employment-based skills assessment program. It is for international student graduates with an Australian qualification that has been verified through a Provisional Skills Assessment. Applicants with positive outcomes can apply for a General Skilled Visa (Subclass 189/190/491) or an Employer Nomination Scheme Visa (Subclass 186) Direct Entry Stream.
Step 1: PSA
The applicant needs to complete the relevant course and
Have 360 hours work placement to be eligible.
Step 2: Job Ready Employment (JRE)
The applicant needs to demonstrate their visa which allows them to work full-time in the next 12 months.
From the date of application, the applicant needs to work in the nominated occupation for 12 months. You can change employer, but you need to register every employer that you work with.
You need to complete your logbook and the employer needs to sign it.
Once you completed 863 hours in 6 months, then you need to notify TRA to start Step three.
Step 3: Job Ready Workplace Assessment (JRWA)
You will be contacted by TRA recognized RTO to have an assessment in your workplace.
All the assessment is done in English, no interpreters are allowed.
Step 4: Job Ready Final Assessment (JRFA)
Completed Step three and have more than 12 months employment (not less than 1725 hours).
You will receive an outcome letter which can be used for GSM (491/190) application.
Temporary Skills Shortage (TSS) Skills Assessment
This is for applicants who would like to apply for a TSS Subclass 482 visa.
Step 1: RTO Documentary Evidence Assessment
This is to assess the evidence of your identity, qualifications (if any), skills and employment experience.
Step 2: Technical Interview
You will be required to participate in a technical assessment of your skills and knowledge. This will involve a technical interview of skills and gathering evidence from nominated employers or other referees, which may include documentary, oral, pictorial and/or video evidence.
Airconditioning and Refrigeration Mechanic* [342111]
Electrician (General)* [341111]
Plumber (General)* [334111]
Step 1: RTO Documentary Evidence Assessment
This is to assess the evidence of your identity, qualifications (if any), skills and employment experience.
Step 2: Technical Interview
You will be required to participate in a technical assessment of your skills and knowledge. This will involve a technical interview of skills and gathering evidence from nominated employers or other referees, which may include documentary, oral, pictorial and/or video evidence.
You need to demonstrate your skills in one of the RTO’s venues.
Migration Skills Assessment
This is for applicants who would like to apply for a General Skilled Visa (Subclass 189/190/491) or an Employer Nomination Scheme Visa (Subclass 186)
Common occupations to apply under this program are:
Electronic Equipment Trades Worker
Painting Trades Worker
Wall and Floor Tiler
You need to provide all the required documents directly to TRA through its online portal.
Obtaining a positive skills assessment is an important step in your Australian Visa application. If you are unsure of which authority is relevant for your occupation, or about the skills assessment criteria, we can help. Click here to book an appointment.
Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your skill assessment process and Australian visa application.
We’ve been working actively with the Global Talent Visa since it was introduced in November 2019. There have been quite a few changes in relation to the Department of Home Affairs' approach to the Expression of Interest and the Global Talent overall priority. It is no longer the top priority, which has gone to Nurses and Teachers through Direction 100.
The Global Talent Visa is taking longer, but there are still plenty of success stories. It is still a good option for those looking to go straight to Australian PR without needing to do a Skills Assessment, especially for those who are over 45 years old.
I want to give you an update on what’s been happening lately.
Expression of Interest is the toughest of the two stages. The need to demonstrate prominence and achievements in your field and earning capacity of at least the FWHIT currently AUD 167,500 are centrally important.
Some Expressions of Interest still receive priority; for example, we recently got priority for our client whose professional experience is in the area of education.
However, fewer priorities are being given, and overall, you would expect the Expression of Interest stage to take 6 to 12 months.
Western Australia (WA), South Australia (SA) and Victoria (VIC) are offering cash incentives for migrants for occupations in healthcare and construction. If you are a health worker or a construction worker, the opportunity is now. You can get the incentive if you move to their state and take up a job. If you have friends or family in construction or health care, then tell them about these amazing offers.
There are massive reductions of around 70% to all the state nomination allocations for General Skills Migration (GSM) for 190 and 491 visas. These allocations were released by the federal government on Thursday, August 25th.
We have created a chart to compare last year’s allocations with this year’s, and percentage cuts. The shocking overall numbers are that the combined state allocations for 190 and 491 visas in 2022-23 were 62,416, while for 2023-24, the number has reduced to just 16,700.
