To apply for an Australian visa, your work experience can play a significant role. Both overseas and Australian employment can be considered, and the terms of employment do not usually matter, they can be casual, part-time or full-time, self-employed or as an employer. 

Meeting work experience requirements for visas and skills assessments depend significantly on the facts and evidence of each person's particular case. Different periods of experience must be carefully examined to ensure the requirements can be met.

If you have overseas work experience, you can prove it using reference letters, payslips, bank statements, and other documents that confirm your occupation, duration of employment and salary.

If you are in Australia, your experience will count whether you work casually, part-time, full-time, or under an ABN or TFN.

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Here are some visas that require relevant employment experience: 

1. General Skilled Migration Visas (Subclass 189, 190, and 491)

These visas are for individuals with skills that are in demand in Australia.

• Work experience requirement: Post-qualification, relevant work experience is often required for a skill assessment. The more experience you have, the more points you can claim in the points-based system. 

• How it counts: Only work that exceeds 20 hours per week can be counted. Full-time, part-time, casual, and self-employment can all count as long as the work is relevant to your nominated occupation.

Each state has different criteria regarding the required number of work hours and whether the applicant must be living in the state or not.

Besides work experience, you will need to meet additional requirements to submit an Expression of Interest (EOI) for the 189 visa, 190 visa, or 491 visa.

2. Skills in Demand Visa (Subclass 482)

The 482 visa allows employers to sponsor foreign workers for skilled roles.

• Work experience requirement: At least one year of full-time experience in the nominated occupation. 

Part-time or casual experience can also be counted and will be calculated pro rata. For example, if you work part-time (20 hours per week) for two years, it will be equivalent to one year of full-time experience.

ABN experience may also count if the applicant has sufficient documentation to support it.

• How it counts: The work experience should show you have the necessary skills for the job you’re being sponsored for. The employer will need to verify your experience as part of the sponsorship application.

3. Employer Nomination Scheme Visa (Subclass 186) Direct Entry Stream 

The 186 Direct Entry Visa is a visa for skilled workers nominated by an employer sponsor that leads directly to permanent residency.

• Work experience requirement: You need at least 3 years full-time of relevant work experience. Generally, the experience needs to be post-qualification. 

• How it counts: Similar to the 482 visa, your experience needs to be in the nominated occupation and directly related to the role. 

Part-time or casual experience might be considered, but it could be prorated depending on the hours worked.

ABN experience may also count if the applicant has sufficient documentation to support it.

4. Skilled Employer Sponsored Regional Visa (Subclass 494)

The 494 visa is for skilled workers nominated by their employer to work in regional areas in Australia.

• Work experience requirement: You need at least 3 years full-time of relevant work experience. Generally, the experience needs to be post-qualification. 

• How it counts: The experience needs to be in the nominated occupation and directly related to the role. 

Part-time or casual experience might be considered, but it could be prorated depending on the hours worked.

ABN experience may also count if the applicant has sufficient documentation to support it.

5. Training Visa (Subclass 407)

The Training Visa allows applicants to undertake structured workplace-based training in Australia to improve their skills or meet licensing/registration requirements.

• You must have at least 12 months of relevant work experience in your occupation within the last 24 months before applying. The experience can also be studying. 

• The experience can be full-time or part-time, but it must be directly related to the training program you are applying for.

• Volunteer work may be considered if it is structured, documented, and relevant to the training.

How Work Experience is Assessed:

Skill assessments: For General Skilled Migration Visas (subclass 491/190/189), Skilled Employer Sponsored Regional Visa (Subclass 494), and Employer Nomination Scheme visa (subclass 186) Direct Entry Stream, a positive skill assessment is mandatory. 

For the Skills in Demand Visa (subclass 482), a skill assessment may be required depending on your occupation and the country of passport. 

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If you're a Cafe or Restaurant Manager seeking to migrate to Australia, recent changes to immigration policies may have left you feeling uncertain.

The removal of Cafe and Restaurant Managers from the Core Skills Occupation List (CSOL) means that applying for new Skills in Demand 482 visa or the Direct Entry 186 visa is no longer an option.

However, this doesn’t mean all hope is lost—there are still several viable visa pathways available for skilled hospitality professionals.

In this blog, we’ll cover the best visa options for Cafe and Restaurant Managers in Australia, helping you navigate the complexities of the Australian immigration system.

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Why Were Cafe and Restaurant Managers Removed from the CSOL List?

The removal of Cafe and Restaurant Managers from the CSOL list was a major policy shift that disrupted many migration plans.

As a result, new applications for the 482 visa and the Direct Entry 186 visa are no longer available for these occupations.

This change reflects the government's focus on addressing skills shortages in other sectors, particularly in response to Australia's housing crisis, where occupations like teachers, healthcare workers, and construction professionals are given priority for state nominations.

What Are the Best Visa Options for Cafe and Restaurant Managers?

Despite these restrictions, there are still several pathways to permanent residency (PR) for Cafe and Restaurant Managers. Below are the most relevant options:

1. State Nomination: 190 and 491 Visas

You can still apply for state nomination through the 190 visa or 491 visa by submitting an Expression of Interest (EOI).

To qualify, you will need:

• A positive skills assessment as a Cafe or Restaurant Manager
• At least competent English proficiency
• At least 65 points on the points test

However, state allocations for these visas are limited, and priority is currently given to occupations addressing Australia's housing and healthcare shortages.

Waiting for an invitation for restaurant managers may not be the most reliable strategy.

2. Skilled Employer Sponsored Regional (Provisional) 494 visa

If a cafe or restaurant is located in a regional area, you could be eligible for the 494 visa.

This provisional visa offers a pathway to permanent residency after three years.

To be eligible, you need:

• At least three years of full-time work experience as a Cafe or Restaurant Manager
• A positive skills assessment
• At least competent English

Meeting the experience requirement can be challenging for some applicants.

3. Labour Agreements: Flexible Sponsorship Options

Labour agreements provide customised sponsorship opportunities for employers and offer concessions on visa requirements, including age, work experience, and English proficiency.

They can also provide pathways to permanent residency for applicants aged between 45 and 55.

There are three primary types of labour agreements suitable for Cafe and Restaurant Managers:

a. Restaurant (Premium Dining) Industry Labour Agreement

Businesses must have an annual revenue of at least $2 million, employ specialised staff such as chefs, waiters, and sommeliers, and provide table service.

b. DAMA (Designated Area Migration Agreements)

Available in regional areas such as South Australia, Western Australia, and the Northern Territory. DAMAs offer concessions on age and English language requirements but are not available in Brisbane, Sydney, or Melbourne.

c. Company-Specific Labour Agreements

Designed for businesses not covered by DAMAs or industry-wide agreements, these agreements can include occupations like Cafe and Restaurant Managers.

4. 186 Visa: Temporary Residence Transition (TRT) Stream

If you already hold a 482 visa as a Cafe or Restaurant Manager, you can still apply for permanent residency under the Temporary Residence Transition (TRT) 186 visa after two years of employment with your current sponsor.

You must be nominated by your current employer. If you want to change employers, your occupation must still be on the Core Skills Occupation List (CSOL) to transfer your 482 visa to a new employer.

 If your occupation is no longer listed, you’ll need to apply for PR through your current employer.

What If Your Visa Options Are Limited?

Given the recent policy shifts and growing competition for state nominations, Cafe or Restaurant Managers may need to consider alternative pathways, such as employer-sponsored visas through labour agreements or the 494 visa, exploring other eligible occupations, or consulting with an immigration specialist for personalised advice.

Stay Updated with Australian Immigration Changes

At Work Visa Lawyers, we have been providing up-to-date immigration news and guidance for over ten years.

 If you're unsure about your eligibility or need advice tailored to your situation, we recommend scheduling a consultation with our experienced migration lawyers. You can also follow us on our Instagram, TikTok, Facebook or YouTube for more information.

Contact us today for expert advice on the best migration pathway for your situation.

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

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

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

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

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

1. Multiple States

Can you submit EOIs for multiple states?

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

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

State Eligibility Requirements:

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

Points and Residency Considerations:

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

2. Multiple Visa Types

Can you submit EOIs for multiple visa types?

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

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

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

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

Eligibility for Multiple Visas:

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

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

3. State-Specific Processes:

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

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

4. Managing Your EOIs

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

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

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

Do you need assistance in submitting your EOI?

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

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

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Blog author: Wendy Guan – Registered Migration Agent

Sources: 

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

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

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

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

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

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

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

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

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

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

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

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

What is the Skilled Independent visa (subclass 189)?

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

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

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The November 2024 189 Invitation Round

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

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

Occupations Invited in the November 2024 Round

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

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

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

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

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

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

Comparison to the 2024 Invitation Rounds

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

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

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

Will there be more 189 invitation rounds this financial year? 

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

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

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

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Sources: 

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

Check the November 2024 189 Invitation Round here

The Department of Home Affairs recently released the list of occupations invited for the 189 visa in the SkillSelect invitation round held on 5 September 2024. In this round, 7,973 Expressions of Interest (EOIs) were invited, which is nearly half of the total available quota for the 2024-25 financial year, set at 16,900.

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?

1. Your occupation must be on the Medium-Term occupation list

2. Obtain positive skills assessment and have at least Competent English

3. You must meet minimum 65 points to be able to lodge an expression of interest (EOI)

4. Submit an EOI through SkillSelect

5. 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.

You can book an appointment online or call us at (+61) 8 8351 9956.

Source: 

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