The recent round of invitations in December 2023 disappointed many aspiring migrants. Invitations were limited to health professionals and teachers, excluding many with completed skills assessments and English proficiency for the 189 visa. This has raised concerns about the accessibility and fairness of the invitation process.

Looking back at 2023, there were only two invitation rounds for the 189 and family-sponsored 491, all focused on health professions and teachers. This means many of those with skills assessments and English did not receive an invitation for the 189. This seems quite unreasonable and seems to be putting unnecessary pressure on those aspiring to come to Australia and not allowing them to get an invitation.

State Nominations for the 190 and 491 visas

State and territory nominations offer a broader range of occupations, each with slightly different criteria based on local economic needs. Unfortunately, the Northern Territory has exhausted its nomination allocations, temporarily closing new state allocations. Limited opportunities for points-based visas have prompted increased interest in employer-sponsored applications, particularly the TSS482 and the permanent residency 186 visas. The new Skills in Demand Visa, expected in late 2024, has also generated strong interest.

Labor Market Testing for TSS482

Labour market testing requirements for the TSS482 visa have been eased, reducing the number of advertisements required and eliminating the need for Workforce Australia Advertising. However, a minimum 28-day advertising period in the four months before nomination is now mandatory. Regional employer-sponsored nominations now receive the highest priority for processing under Ministerial Direction Number 105, indicating the government's emphasis on regional visas.

Changes in Priority Processing

Offshore applicants no longer receive priority processing, possibly reflecting the government's focus on reducing pressure on housing in major cities. This shift encourages regional visas and discourages offshore applications from individuals likely to settle in urban areas.

Working Holiday Maker Updates

Starting from January 1, 2024, working holidaymakers may work for the same employer for more than six months without seeking permission under certain circumstances. Exceptions include work in different locations, plant and animal cultivation, specific industries, natural disaster recovery, aged care, healthcare, childcare, and critical sectors like tourism and hospitality.

While some exceptions exist, individuals working beyond six months in non-covered situations must seek permission, with higher chances if tied to an employer-sponsored application. These changes provide flexibility for working holidaymakers but also highlight the importance of understanding the specific conditions and seeking appropriate permissions.

How can Work Visa Lawyers help?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your potential application(s).

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.

Sources:

https://immi.homeaffairs.gov.au/programs-subsite/migration-strategy/Documents/migration-strategy.pdf

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

Welcome to our Australian Immigration News – December 2023! In this blog, we will discuss the conclusion of Covid concessions, alterations in the Temporary Graduate Visa, positive reforms affecting Partner Visas, the opportunity for permanent residency for 482 and 457 visa holders, the replacement of a top bureaucrat, international student news, and the upcoming Government Implementation Plan.

End of the Covid Concessions

The Covid era for Australian Immigration is officially over. The concessions introduced during the pandemic to address travel challenges and support temporary workers in Australia have concluded as of November 25, 2023. Notably, periods of reduced work due to Covid-19 will no longer count towards meeting work experience requirements for new ENS/RSMS TRT stream nomination applications.

Changes in the Temporary Graduate Visa Program

Starting November 25, 2023, all applications for any stream of the Temporary Graduate Visa program must be lodged in Australia.

Positive Reforms for Partner Visas

Exciting reforms have been introduced for Partner Subclasses 309 and 820 visas. Applicants can now receive grants whether they are inside or outside Australia at the time of visa approval. Moreover, Subclass 309 Partner visa applicants can apply for merits review independently, no longer relying solely on the sponsor. This change enhances accessibility for family violence victims.

PR for 482 and 457 Visa Holders

Individuals holding 482 and 457 visas for at least 2 years may be eligible to apply for permanent residency. Those with occupations listed on the Medium or Short-term Skilled Occupation List can apply for the 186 PR Visa, meeting criteria such as Competent English and being under the age of 45, unless specific narrow exemptions apply. Read more here.

Home Affairs Public Servant Replaced – Michael Pezzullo

The governor-general terminated the appointment of Michael Pezzullo, head of the Department of Home Affairs, due to breaches of the Australian Public Service Code of Conduct. The hope is for a more accessible and efficient standalone Department of Immigration.

End of Indefinite Detention

The High Court's decision in NZYQ brings an end to indefinite detention for those unable to return to their original country of passport. Legislation imposing tough conditions on those released is expected to face a high court challenge.

International Student News

Plans are underway to impose caps and potential taxes on international students, likely in response to housing shortages and a rental crisis. As international education is a key industry, there is expected pushback.

Upcoming Government Implementation Plan

Stay tuned for the awaited release of the Government's implementation plan for migration reforms. The Parkinson report hints at significant changes, including point-based visa reforms, Business Visa changes, and the end of Student Visas needing to meet GTE.

Sources

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1147

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-graduate-485

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1136

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1057

https://www.pm.gov.au/media/secretary-department-home-affairs

https://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2023/37.html

How can Work Visa Lawyers help?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your potential application(s).

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.

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State Sponsorship 190 and 491 Visas

The Australian states are now open for sponsorship under the 190 and 491 visas. Check the eligibility criteria for your desired state or territory to see if you qualify.

We have some articles for more information: South Australia / Queensland / Victoria / New South Wales.

Victorian Invitation Rounds

Victoria recently held an invitation round, inviting professionals in various occupations, including Marketing Specialists and Accountants. Having high points for a job in Victoria with a good salary seems to be a relevant consideration from the Victorian Government.

The Victorian Government said that for offshore applicants they are only considering Health, Education, and Social Services.

Selection rounds will continue through September 2023, with the program closing in early 2024. Submit your Registration of Interest as soon as possible.

Western Australia

Western Australia also had the first invitation round for 190 and 491 visas. Some occupations invited were in priority WA Industries: building and construction; healthcare and social assistance; hospitality and tourism; and o education and training. The invitations were to people living in WA, living in other states, and offshore.

Employer-Sponsored 482 to PR in Two Years

If you have held a 457 or 482 visa for over two years, you may be eligible to apply for permanent residency.

Click here to read more about Permanent Residency for employer-sponsored 482 visa holders after 2 years.

Big news coming soon

It is expected that the Minister for Home Affairs will announce the plans for reforms in the next few days or weeks.

One of the changes that may be coming is Refining the Points test

In addition to points we have already covered; the table says better targeted skilled migration will:

• Introduce new permanent skilled visa settings, including exploring a revised points test
• The points reforms could include more points for skilled partners. 
• A more granular system in terms of age and points, for example not losing 10 points when you turn 40. There is also the possibility of cuts to regional points.

South Australia (SA) offers many opportunities for skilled migrants. With 503 occupations listed on the SA Skilled Occupation List and four available streams, you may be eligible to apply.

South Australian Graduates Stream

International graduates who have selected South Australia as their study destination are given preference within the General Skilled Migration program.

The criteria to apply include:

• Have completed your qualification at a South Australian education provider
• A minimum of 50% of your qualification must have been completed in South Australia
• Must have resided in South Australia for at least one year during your studies
• Have been residing in South Australia for at least the last 12 months
• Have been working for the last 6 months, and be currently employed, in a full-time (at least 30 hours per week) job that is relevant to your nominated occupation

You can check all the criteria here.

Greetings to all aspiring immigrants and those keen on keeping up with the latest developments in Australian immigration. Here's a roundup of the most recent updates you need to know:

VETASSESS Skills Assessment Changes

VETASSESS has stopped taking skills assessments for the trade occupations of Chef, Cook, Diesel Motor Mechanic, Motor Mechanic (General), Fitter (General), Electrician (General), and Metal Machinist (First Class). This change comes as a disappointment to many tradies.

For more information: https://www.youtube.com/shorts/f6rVvopc19o