Early in October 2020, the Federal Budget was announced, along with various changes to partner visas for the 2020-21 migration program year.

Rebrand to “Move to South Australia - Skilled + Business Migration”

https://www.migration.sa.gov.au/ now has a new look.

We noticed that Immigration South Australia has changed its name to Move to South Australia.

Move to South Australia has updated its criteria for interim 491 and 190 nominations to support and prioritise South Australia’s economic recovery and public health response. 

The world is changing quickly and to keep up with it, we have some updates for you on the Global Talent Independent visa.

Click here to learn the criteria for the Global Talent Visa

Effects of Coronavirus on GTI visa

Processing Times for Global Talent Visa

The Global Talent Independent program has been held up as the fastest way to get a permanent visa in Australia. During the COVID-19 pandemic, we are seeing the Expression of Interest processing times slowing down for some applicants. This seems to be especially the case for applicants who are applying from outside of Australia.

This may be due to the Department prioritising Global Talents who are already inside Australia.

What impacts Global Talent visa processing times?

There are a number of factors which might be contributing to current processing times.

The Department's priorities for global talent visa processing are set out in Direction No. 85.

This specifies that for distinguished talent applications, they are to be considered in the following order:

1. Priority 1 (the following are equal in priority):
   1. You have an Australian job offer paying higher than the $158,500 Fair Work High Income Threshold, or
   2. You are currently earning more than the $158,500 Fair Work High Income Threshold
   3. You can show that you are likely to attract a salary greater than the $158,500 Fair Work High Income Threshold
2. Priority 2:
   1. All other distinguished talent applications

The Department has indicated in its information that "likely to attract" can be shown in a number of ways, including through high grades (80% or higher) in a recent higher level qualification (Honours, Masters, PhD).

Priority for Hong Kong Candidates?

In its announcements to support Hong Kong SAR passport-holders, the Department has included references to the Global Talent Independent visa. It seems that the Department of Home Affairs will be prioritising GTI visa applications (even more so than the normal priority given to GTI) for Hong Kong SAR passport-holders.

Australian Computer Society (ACS) Nominations

We are still waiting on further information from the ACS regarding their nomination process.

We have recently been updated that ACS will nominate those who have been invited through the Expression of Interest process.

If you are looking to be nominated by ACS under one of their target sectors, read more about the process by clicking here.

We look forward to having further updates on this soon.

How can Work Visa Lawyers help?

Work Visa Lawyers can help you with all steps in the Global Talent Independent visa application process, including with applications for nomination from the ACS.

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.

Contact us on (08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

Book an appointment with one of our experienced Immigration Lawyers and Registered Migration Agents here.

Sources

• https://www.workvisalawyers.com.au/news/all/global-talent-independent-visa-video.html
• https://www.workvisalawyers.com.au/services/global-talent-distinguished-talent-visas.html
• https://www.workvisalawyers.com.au/news/all/why-the-australian-global-talent-independent-visa-is-so-hot-right-now.html
• https://www.workvisalawyers.com.au/news/all/acs-nomination-global-talent-visa.html
• https://www.sbs.com.au/news/how-a-little-known-visa-program-could-be-the-answer-for-hongkongers-hoping-to-move-to-australia

We are receiving a lot of questions regarding the scope of the sectors for the Global Talent Independent visa. As there is no set occupation list for the GTI visa, many potential candidates do not know whether their occupations will fall within one of the seven target sectors.

As of 17 December 2020, Direction 89 lists priority sectors as:

• Resources
• Agri-food and AgTech
• Energy
• Health industries
• Defence, advanced manufacturing and space
• Circular economy
• DigiTech
• Infrastructure and tourism
• Financial services and FinTech
• Education​

Please note this blog was written prior to 17 December 2020.

This is an older article. Click here to learn the criteria for the Global Talent Visa

The most common areas of interest are:

1. Quantum Information, Advanced Digital, Data Science and ICT
2. FinTech
3. Cyber Security
4. MedTech
5. Energy and Mining Technology

There seems to be a reasonable amount of confusion regarding what is included in each sector. The key focus of the GTI is to attract high-tech occupations within the target sectors.

While we aim to provide some clarity on this, there is no defined edge to the target sectors.

Unlike GSM & employer-sponsored programs, the GTI process is not based on an occupation list. 

It is also important to keep in mind that all applicants need to meet the other requirements for the Global Talent Independent Programs; such as:

• recognised internationally
• prominent in your target sector
• would be an asset to Australia
• would not have difficulty finding work in Australia in your field
• are nominated by an Australian organisation or individual, who is also prominent in the same field
• earn or are likely to earn at least AUD153,600 (can be shown through a range of different ways)

Ultimately, the only way to concretely determine if your background is going to be accepted into the program is by submitting an expression of interest.

To learn more about the Australian Global Talent program, click here.

Quantum Information, Advanced Digital, Data Science and ICT

This is the largest target sector for GTI, making up 28% of the 2019-2020 program year. 

The Global Talent Independent visa program is intended to attract “high-tech” professionals from a range of different fields. Most of those professionals in other fields (especially FinTech; MedTech & Cyber Security) also fall within this general ICT field.

ICT

The following occupations might be considered under this sector, as they are ICT occupations:

• 261111 ICT Business Analyst
• 261313 Software Engineer
• 261312 Developer Programmer
• 135111 Chief Information Officer
• 135112 ICT Project Manager
• 263111 Computer Network and Systems Engineer
• 263112 Network Administrator
• 263211 ICT Quality Assurance Engineer

We have also previously received an invitation for a professional with a background as 223211 ICT Trainer.

We note that being in the target sector is one of the requirements, but it is important that you are also able to meet the other requirements of the program. 

Not all professionals in these occupations will be able to meet the salary or academic requirements. 

Quantum Information, Advanced Digital and Data Science

There are a few occupations which we think may fall into these fields, but might not fit into ICT.

It is possible that occupations such as the following may be relevant:

• 224112 Mathematician
• 224113 Statistician
• 234514 Biotechnologist
• Actuary

Ultimately, it is important that you have an established background in the claimed field. A mathematics professor who has had no engagement with Data Science is unlikely to be suited to the Global Talent Independent visa program.

While these occupations may be relevant, it is also important to keep in mind the other requirements of the Global Talent Independent Visa Program. You need to be able to show that you are likely to attract a salary of at least AUD153,600 in Australia. This can be shown in a range of ways, but means that an entry level software programmer is unlikely to be successful through the GTI visa program. If that’s you, you may have other options under one of Australia’s other skilled migration programs or an employer-sponsored visa.

Click here to learn more about finding an Australian nominator in this sector.

FinTech: Financial Technology

There are a range of professionals who contribute to the success of a financial technology team.

Some common roles in the FinTech industry are: 

• 261312 Developer Programmer
• 261313 Software Engineer
• Managers working in the FinTech industry
• Project Managers overseeing FinTech projects within a larger business
• Consultants
• Chief Technology Officers
• Chief Data Officers

The FinTech space in Australia is made up of different players, ranging from the big banks to fresh startups. Some recent names in the industry are: Xinja, UP, Wisr, Huddle Insurance and AirWallex 

Cyber Security

Cyber Security is another one of the target sectors for the GTI visa program.

Some occupations in the Cyber Security field might include:

• 262112 ICT Security Specialist
• Security Software Developer
• Information Security Analyst
• Forensics Analyst
• Penetration Tester
• Ethical Hacker

Click here to learn more about finding an Australian nominator in this sector.

MedTech: Medical Technology

Medical technology involves innovative instruments that are used to save and improve people’s lives by improving following activities:  

• Disease diagnosis; prevention; disease monitoring and surveillance; disease treatment & alleviation.
• Injury diagnosis; injury monitoring and surveillance; injury treatment & alleviation & compensation for an injury.
• Clean and destroy bacteria on medical devices
• Using in-vitro examination of specimens derived from the human body to provide information for medical or diagnostic purposes.

Those working in the development of medical devices may be eligible for a GTI visa under MedTech. MedTech can span fields within medical technology including dental, diagnostic imaging and orthopaedic implants.

Examples of such occupations may include:

• 251912 Orthotist or Prosthetist designing new technology
• 234611 Medical Laboratory Scientist
• Engineer working in research, maintenance and development of medical devices
• Programmer working in medical software
• Statistician working in MedTech

Energy and Mining Technology

Australia has a rich and varied history of energy, mining and resources industries. There is room for further development in mining equipment, technology and services (METS).

Global talents are being sought who can bring skills to Australia to push the METS industry even further.

We also understand there is a focus on new energy technologies, which could include renewable energy developments that would help with climate change. 

Potential occupations for this target sector are:

• 233611 Mining Engineer
• 233612 Petroleum Engineer
• Mud Engineer
• Petrophysical Engineer
• Process Engineer (Mining)

While we have provided examples of occupations that could fall within these target sectors, this list is neither exhaustive of all the possible occupations for a GTI visa nor a guarantee that an applicant with that occupation will be successful. Eligibility for the GTI visa will be dependent on the applicant’s personal circumstances including skills, work experience, qualifications and ability to attract a salary of at least AUD 153,600.

If your occupation is not listed here but you think you may be eligible, please contact us for a preliminary assessment of your eligibility. 

Do you need help?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

Sources:

https://www.workvisalawyers.com.au/services/global-talent-distinguished-talent-visas/global-talent-independent-visa.html

https://www.workvisalawyers.com.au/services/global-talent-distinguished-talent-visas.html

https://immi.homeaffairs.gov.au/visas/working-in-australia/visas-for-innovation/global-talent-independent-program

https://fintechaustralia.org.au/

https://www.mtaa.org.au/

The Global Talent Independent visa has attracted a lot of attention as it is the first of its kind in Australian immigration. There are 5,000 available places per year.

The global talent visa program is a new initiative by the Department of Home Affairs to attract highly skilled workers from target sectors to Australia.

This visa is a fast-track to Australian permanent residency and will be a great visa pathway for high achievers around the world. The government hopes that the work of these individuals will provide a boost to the Australian economy.

This is an older article. Click here to learn the criteria for the Global Talent Visa

The Global Talent Independent Visa is a hot new initiative by the Australian government to encourage highly skilled workers to migrate to Australia.
We are seeing great interest in this visa from skilled professionals in Australia and around the world.

Click here to learn the criteria for the Global Talent Visa

The Global Talent Independent Visa is great for many reasons, including:

• Very fast processing
  
  
• Straight to Australian permanent residency visa holder status
  
  
• No expensive Skilling Australians Fund levy
  
  
• No need for a job offer in Australia
  
  
• Access to Medicare

Global Talent Independent Visa Processing Time

Australian permanent visa processing times can often be more than 12 months, sometimes up to almost 2 years. The GTI visa has one of the fastest processing times of all Australian permanent visas. 

At the Law Council's Immigration Law Conference on 20 March 2020, respresentatives from the Department of Home Affairs stated that applications under the GTI program are being given priority processing. Processing times vary from 2 day to 2 months with many being decided in one to two weeks!

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs David Coleman has also signed Ministerial Direction no 85 in November 2019. Direction no. 85 enables the Department of Home Affairs to give priority processing for the Distinguished Talent cohort (subclasses 124 and 858) to “support the responsive processing of applicants that are identified as highly desirable by Government.”

The GTI program uses the Distinguished Talent subclass 858 and subclass 124 visas, but provides a new pathway to these by invitation.

Global Talent Post-Coronavirus

The recent Coronavirus (COVID-19) pandemic has shown how important Australian permanent residency visa status can be for receiving support in difficult times
and the right to enter Australia. The GTI program allows for the grant of a permanent visa in what is likely to be the fastest time of any program.

Acting Immigration Minister Alan Tudge has hinted at the potential development of the GTI program as an integral part of the Australian migration program for the 2020-21 migration year, post-pandemic. 

The Australian Government is keen to ensure its 5,000 spots are filled in the 2019/20 migration program year, which ends on 30 June 2020, so it is important that you get into the program while you can. 

If you are interested in coming to live in Australia and meet the high income threshold, the Global Talent Independent Visa Program is a great opportunity for
highly skilled individuals to migrate to Australia. It’s easy to see why the program is so hot right now!

Read more about the Global Talent Independent Visa on our website

Do you need help?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

Sources: 

https://minister.homeaffairs.gov.au/davidcoleman/Pages/global-talent-program-business.aspx

https://www.workvisalawyers.com.au/news/all/the-global-talent-visa-program.html

https://www.workvisalawyers.com.au/news/all/immigration-focus-on-the-global-talent-visa-post-coronavirus.html

Bruno arrived in Adelaide as a student visa and fell in love with Australia's laid back lifestyle.

Work Visa Lawyers helped Bruno with his successful Skilled Regional (Provisional) 489 visa application under the ANZCO 391 111 Occupation of Hairdresser.

From 16 November 2019 the Department of Home Affairs will introduce two new skilled regional provisional visas with a new permanent visa pathway from November 2022. The two new provisional visas will supersede two existing visas and will include some significant changes that prospective applicants need to be aware of.

6 Reasons Why A Nomination May Be Refused For Permanent Residency Visas In 2019. When Applying For A Permanent Visa (ENS 186 & RSMS 187), Both The Skilled Applicant And The Business Have Terms And Conditions That Are Required To Be Fulfilled.

Key Terms: How to become an Australian Citizen - Permanent Residency (PR) - Work Visa - Citizenship by conferral and decent - Am I eligible to be an Australian Citizen 

For this program year NSW is no longer an option for a subclass 190 Visa:

The NSW State Government has closed nomination for subclass 190 visas, providing the following information on their website:

“Skilled Nominated visa (subclass 190) – NSW nominations closed for 2013/14

NSW is pleased to announce that program targets for the Skilled Nominated visa (subclass 190) have been met for the 2013/14 financial year.  

Effective 24 December 2013, applications for NSW nomination for the subclass 190 visa will close. Applications received after this date will not be processed or returned. NSW will reopen for the subclass 190 visa nomination in July 2014. Information regarding 2014/15 applications will be posted on this website in July 2014.  

Thank you for your interest in migrating to NSW.  “

Try another Option:

If you are looking to migration to Australia, there is no need to despair, all other States and Territories are still sponsoring for Subclass 190 visas.

Source and Accuracy

Source: http://www.business.nsw.gov.au/live-and-work-in-nsw/visa-and-migration/skilled-sponsored-migration

This information isaccurate on the 06 January 2014.  States and Territories will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Need Help?

At Work Visa Lawyers we are experience in assisting applicants with the Expression of Interest, State Sponsorship and Visa application process for state sponsored subclasses 190 and 489.

If you require further information regarding an application or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091  

Why are Partner Visas Number one for Christmas?

Every year I notice that in the weeks leading up to Christmas there is a dramatic rise in the number of visa enquiries about Partner Visas. 

There may be a number of reasons for this and here are some of my explanations:

With the warmer weather and festive season, love may be in the air. 

·         It is common for WHV holders  to meet someone special that is an Australian Citizen or Permanent Resident, and to consider lodging a Partner Visa onshore. Working Holiday Visas holders often arrived in Australia in summer and often their visas are nearing expiry late in the year.  The number of working holiday maker visa holders in Australia on 30 September 2013 was 166 260.

·         Student visa holders often have a visa expiry date of the 15 March and so in December they may be considering their next visa, which if they are in a relationship with an Australian Citizen or Permanent Resident, may be a Partner Visa.

·         It could be that the approaching end of the year means that people start planning or the next year and a Partner visa may feature in the planning. 

Whatever the reason, if you are interested in applying for a Partner visa, or in being a sponsor for a Partner visa, then the following information may be useful.

Which Partner Visa should I you apply for?

Which one is best, depends a lot on your situation.

There are three main options in terms for partner visas.

·         Partner Visa Onshore

·         Partner Visa Offshore

·         Fiancé Visa (Prospective Marriage Visa)

The Partner Criteria are also very relevant if you are adding a partner to an existing visa.  When adding a Partner, the key difference, is that the application is based on one of the partners holding a relevant visa, and not on one of the partners being an Australian Citizen or permanent resident.   The common criteria of a spouse relationship – a continuing and genuine relationship to the exclusion of others, will apply.

I will provide some information on these various options.

Partner Visa Onshore – Temporary and Permanent

All partner visas must have a sponsor and a primary visa applicant. The sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen that is in a relationship with the primary visa applicant.

The primary visa applicant must be in a relationship with the sponsor.

To qualify for a partner visa you must be in a married or de facto relationship:

• The marriage must be recognised under Australian law or;
• The de facto relationship must have existed for 12 months prior to applying, unless you be able to show that compelling and compassionate circumstance apply. De facto relationships include same-sex relationships.

In some states and territories it is possible to register a relationship which can then mean the 12 months de facto requirement does not need to be met. 

You must be able to provide evidence to support the genuine and continuing nature of your relationship including:

·         Financial evidence supporting your mutual commitment to your partner.

·         Social and public nature of the relationship.

·         Evidence detailing your mutual and exclusive commitment to each other. Factors considered by the Department include the time spent living together and the length of the relationship.

The visa application can include dependent children and may be able to include dependent relatives.

Partner visas are usually a two staged process. You must first apply for a temporary (provisional) Partner visa, which allows you to travel to and live in Australia.

If you meet criteria including the relationship continuing two years after being granted the provisional visa, then you may be able to receive a permanent Partner visa.

In some circumstances, you may receive a permanent Partner visa straight away, such as when the relationship has been ongoing for several years or more, or when there are children of the relationship.

Partner Visa Offshore – Temporary and Permanent

The criteria are the same as for the onshore, as explained above.

The difference is that the application must be lodged offshore, at the closest Australian Embassy and the applicant must also be outside of Australia at the time of decision.

This type of visa is suitable for situations including:

·         The applicant is from a high risk country (by DIBP standards) and it is difficult or impossible to get a visitor visa to Australia.

·         The applicant has a visitor visa for Australia, but it has a ‘No Further Stay’ condition, which prevents an application from being lodged in Australia.

·         The applicant has a job outside of Australia and wants to be able to keep working in their job up until the time of a decision on the visa application.  In some circumstance it may be difficult to get an Australian visa with work rights prior to the partner visa being granted.

·         The visa applicant’s last Australian visa application which was lodged in Australia and was refused, and this has meant that schedule three criteria will apply to an onshore partner application, meaning an offshore application will be more attractive.

Fiancé Visa (Prospective Marriage Visa)

This visa allows a visa applicant to come to Australia and marry their sponsor within the required timeframe.

The sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen that is in a relationship with the visa applicant.

The primary visa applicant must be in a spouse relationship with the sponsor.

You must be able to provide evidence to support the genuine and continuing nature of your relationship including:

·         Financial evidence supporting their mutual commitment to your partner.

·         Social and public nature of the relationship.

·         Evidence detailing your mutual and exclusive commitment to each other.

·         Evidence of an intention to marry, including details regarding the planned marriage.

For a Fiancé visa the level of evidence required in relation to your relationship may not be as not high as it is for a Partner temporary or permanent visa.

This visa is often appropriate where it is not possible, or not culturally appropriate, for you to live together with your spouse for an extended period prior to marriage.

The sponsor and applicant are required to get married within nine months of the Fiancé visa grant.

Following the marriage you will have to apply for a Partner visa to allow you to continue to live in Australia.

Adding a Partner to Your Current Australian Visa?

Some Australian visas allow you to add your partner and dependent children. For example, this is possible for a temporary worker on a subclass 457 visa.

Partner Visa Refusals and appeals to MRT

Partner visa refusals can be reviewed by the Migration Review Tribunal (MRT).

We are able to assist you with the process.

Based in Adelaide South Australia, Immigration Lawyer and Migration Agent Chris Johnston provides migration advice to people and businesses from all over the world.

Do you Need Help with a Partner Application or Appeal?

If you require further information or assistance in relation to a Partner visa, adding a partner to a or an appeal of an partner visa refusal to the MRT , we can help you.

Contact us on (08) 7225 5091 or +61 8 7225 5091

or  This email address is being protected from spambots. You need JavaScript enabled to view it.

Sources: BR0169 Temporary entrants and New Zealand citizens in Australia as at 30 September 2013, http://www.immi.gov.au/media/statistics/pdf/temp-entrants-newzealand-sep13.pdf

Warning -This information is accurate on the 15 DEC 2013.  

DIBP and can change requirements in an ongoing manner and all current requirements must be established prior to lodging a skills assessment or visa application. 

The RSMS Direct entry subclass 187 is an Australian permanent residency work visa.  The first stage of the RSMS Direct entry process requires applying to the RCB for advice on the suitability of the employer and position.

Immigration SA, the state body that is the Regional Certifying Body (RCB) for RSMS in SA, has announced the following:

“Changes to the way employers demonstrate how they have tested the labour market:

• Removal of the peer review process (implemented on 21 June, 2013).

• Reduction in the number of  documents applicants are required to upload. Some documents have been replaced with a series of online questions.

• In some instances, the employer will be able to provide the RCB with a statutory declaration to support their application.”

There are also new Exemptions from labour market testing for the following:

• Employers who are approved 457 sponsors, who can demonstrate that the skilled migrant they are nominating has been working for them in the nominated occupation for at least 12 months.

• Occupations listed on a new Regional Certifying Body Occupation List. This list includes occupations such as:

• Construction Project Manager 133111
• Engineering Manager 133211
• Surveyor 232212
• Cartographer 232213
• Other Spatial Specialist 232214
• Chemical Engineer 233111
• Civil Engineer 233211
• Quantity Surveyor 233213
• Structural Engineer 233214
• Electrical Engineer 233311
• Mining Engineer (excluding
• Petroleum) 233611
• Petroleum Engineer 233612
• Geologist 234411
• University Lecturer 242111
• University Tutor 242112
• Construction Estimator 312114
• Metal Machinist (First Class) 323214
• Panelbeater 324111
• Roof Tiler 333311
• Electronic Equipment Trades
• Worker 342313
• Plus a large number of specialist medical positions.

There is a New Employer Document List:

• The new employer document list is much shorter.  Here is a link:

https://www.migration.sa.gov.au/sites/default/files/files/RSMS_Factsheet_for_SAEmployers_0.pdf

For the full list Regional Certifying Body Occupation List.:

https://www.migration.sa.gov.au/sites/default/files/files/RegionalCertifyingBody_OccupationList.pdf

Source: Immigration SA

http://us5.campaign-archive1.com/?u=a69011c047c7d5d323942b5d4&id=ec157d95cf&e=1e56c72cf8

This information isaccurate on the 10 August 2013.  Immigration SA will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Need Help?

At Work Visa Lawyers we are experience in assisting employer and applicants with the RSMS process.

If you require further information regarding a RSMS application or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091  

Immigration SA has recently updated its State Nominated Occupation List (SNOL) 2012-13 - On-list Occupations to include Enrolled Nurse ANZSCO Code 411411.

Additional Requirements for state sponsorship will include IELTS 7.0 in each band.

Applicants for SA state sponsorship will have to meet the State Sponsorship requirements as they apply to their situation.

This is a link to Immigration SA:

https://www.migration.sa.gov.au/node/104

While this is exciting news for Enrolled Nurses, at the time of writing this post, 23 January 2013, it is not possible to get the skills assessment done by the relevant skills assessing authority ANMAC.

Skills Assessments from mid-2013 (or later) by ANMAC

The ANMAC website says that they are currently working on the skills assessment criteria for enrolled nurses and that they will start assessments around mid-2013. This is the link for the Skills Assessing body:

http://www.anmac.org.au/international-services