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In December 2023, the Australian government announced a new Migration Strategy, introducing significant changes to various visa programs, including the Graduate Visa.

The reforms are set to impact many people currently studying in Australia, prospective students, and the education sector, as the substantial reduction in age eligibility could make Australia less attractive for those seeking study opportunities and a pathway to Permanent Residency.

Changes to the 485 Temporary Graduate Visa are proposed to be implemented on the 1^st of July 2024 and include: 

Graduate Work stream

• The Graduate Work stream will be renamed to the Post-Vocational Education Work stream.
• Maximum eligible age will be reduced from under 50 to 35 years of age or under.
• Applicants are allowed to remain for a maximum of 18 months.
• Hong Kong and British National Overseas passport holders who are under 50 years of age will remain eligible.
• Hong Kong or British National Overseas passport holders may be able to stay for up to 5 years.
• Applicants must hold an associate degree, diploma or trade qualification, closely related to their nominated occupation on the Medium and Long-term occupation list.
• Applicants with a degree-level qualification or higher are no longer eligible for this stream and must apply through the Post-Higher Education Work stream instead.

Post-Study Work stream

• The Post-Study Work stream will be renamed to the Post-Higher Education Work stream.
• Maximum eligible age will be reduced from under 50 to 35 years of age or under.
• Hong Kong and British National Overseas passport holders who are under 50 years of age will remain eligible.
• The 2-year extension for selected degrees will be discontinued.

Stay periods:

• Bachelor degree (including honours) – up to 2 years
• Masters (coursework and extended) – up to 2 years
• Masters (research) and doctoral degree (PhD) – up to 3 years.

Hong Kong and British National Overseas passport holders may be able to stay for up to 5 years.

Stay periods for Indian nationals, as agreed in the Australian Indian – Economic Cooperation and Trade Agreement (AI-ECTA), remain as:

• Bachelor degree (including honours) – up to 2 years
• Bachelor degree (with first class honours in STEM, including ICT) – up to 3 years
• Masters (coursework, extended and research) – up to 3 years
• Doctoral degrees (PhD) – up to 4 years.

Second Post-Study Work stream

The Second Post-Study Work stream will be renamed the Second Post-Higher Education Work stream, with no additional changes to the stream.

This visa is designed for individuals holding a Temporary Graduate visa (from the first Post-Study Work stream or Replacement stream) who earned their degree from an Australian institution in a regional area. It allows you to live, work, and study temporarily in Australia.

To apply for this visa you must:

• Be under 50 years of age.
• Currently hold a Temporary Graduate visa in the post-study work stream or have held one previously in the replacement stream.
• Possess a degree from a CRICOS-registered course at an institution in an eligible designated regional area, which was the basis for the first Temporary Graduate visa.
• Have lived in a designated regional area for a minimum of two years prior to applying.

Replacement stream

The Replacement stream will cease.

What can you do now?

With the changes, it seems there will be no transition provisions for those currently studying in Australia who are over 35 years old. Unfortunately, this is particularly concerning as many people over 35 are nearing the completion of their courses and will not be eligible to apply for the Temporary Graduate Visa after July 1st.

Applicants no longer eligible for the Post-Vocational Education Work stream or the Post-Higher Education Work stream due to the age reduction may still qualify for other visas, such as the Employer-sponsored 482 or 494 visas, the 407 Training Visa, or Skilled Visas 189, 190, and 491, among others.

If you are over 35, you might need to explore other potential visa options upon completing your studies. Please book an appointment with us; we are here 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.

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

Sources: 

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

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

The Australian Government announced that it will close the Global Talent Visa in late 2024 and replace it with the new National Innovation Visa. Follow this link for more details about the National Innovation Visa.

We have assisted (and currently assisting) a number of successful Global Talent Visa (GTV) applicants, and we get a lot of enquiries about it. One of the most frequently asked questions related to their income, i.e, they receive a basic salary and gets awarded company shares or bonuses, or they own the business and receive a minimum salary but receive dividends. Would their salary be assessed as equivalent to or higher than Australia’s Fair Work High Income Threshold (FWHIT)?

This issue was, previously, made more confusing when the Global Talent Visa EOI webform states that "Income includes salary, commissions, allowances, bonuses, investment dividends and other sources of personal income. For foreign income, calculate the Australian dollar amount using current exchange rates."   This has now been changed.

When submitting an Expression of Interest (EOI) for the Global Talent Visa it is important to address that the applicant meets the salary requirement otherwise the EOI will most likely not be successful.

For those not familiar with the Global Talent Visa (subclass 858), it is a visa designed to attract high-performing, highly skilled and talented individuals working in particularly target sectors of Digitech, FinTech, Agri-food and AgTech, Health Industries, Defence, advanced manufacturing and space, Circular Economy, Resources, Energy, Infrastructure and tourism and Education.

Read more about the Global Talent Visa

“Earnings”

Ministerial Direction 89, give directions in relation to the processing of the Global Talent visa and gives the highest priority to applications submitted in relation to the above-mentioned sectors and where the primary applicant’s current earnings are an amount equal to or greater than the FWHIT or the applicant has received a job offer from and Australian employer with an annual salary equivalent to or higher than the FWHIT or there is evidence that the applicant is likely to attract a salary equal to or higher than FWHIT.

FWHIT is assessed with reference to ‘earnings’ as defined by section 332 of the Fair Work Act 2009 which states:

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.

The Australian Government announced that it will close the Global Talent Visa in late 2024 and replace it with the new National Innovation Visa. Follow this link for more details about the National Innovation Visa.

All that you need to know about Global Talent Visa is on this page: CLICK HERE

Getting a PhD degree from an Australian university is not easy. It takes a lot of hard work, sacrifice and expense to successfully complete a PhD degree. So, congratulations to all PhD graduates.

However, PhD graduates still have big decisions to make after finishing their degree.

While some PhD graduates decide to go back to their home countries or move to other countries, some choose to stay in Australia for the various opportunities on offer.

This includes job opportunities and perhaps because of the options for permanent residency in Australia.

Many PhD graduates found it complicated to secure an Australian Permanent Residency until the born of Global Talent Visa program.

However, with the current news and budget allocations this financial year, focus has been distributed to other skilled visa 491/190 streams.

States and territories have announced new state nomination criteria to attract those research students and planning to migrate in Australia.

In this article, we will discuss 2 options for permanent residency for PhD graduates – the Global Talent Visa and the state-nominated visas 491 or 190

Global Talent Visa Australia

One good option for PhD graduates is the Global Talent Visa.

Since opening, Global talent visa is designed for PhD students not just in Australia but around the world to get Australian PR.

Many PhD graduates have been nominated for Global Talent visa 858.

It became increasingly popular in Australia during covid-19 being the only stream for highly skilled talented people to get into Australia while travel restriction is still around.

During that time, applicants could get Global Talent Visa within months and moved to Australia with the whole family.

Recent PhD graduates who can attract or is earning a very high salary will be considered favourably for this visa.

High salary means that you are currently earning or has the ability to earn a salary equivalent to or higher than Australia’s Fair Work High Income Threshold (FWHIT) which is currently set at AUD$162,000/per annum.

More information about the Global Talent Visa requirements here >>

Applicants relying on their PhD degree need to show that they have internationally recognised achievements, are prominent in their field and must have their PhD degree conferred in the last 3 years.

Applicants with a PhD still must show that they meet the other criteria for the grant of the Global Talent Visa.  More information about this visa and the eligibility requirements can be found on our website.

These are the 4 core requirements for Global Talent Visa Australia:

1. Skills in the 10 targeted sectors
2. Internationally recognized for outstanding achievement in your field -career history, publications, journals, awards throughout your career
3. High salary income threshold at 162,000 AUD per annum
4. Nomination from Australian organizations or Australian Permanent residents who must be prominent in the same field as you.

Please check out our Global Talent visa recent news here >>

State nominated visa 491/190

If you are a PhD graduate but will not be able to meet the criteria for the Global Talent Visa, like for example you do not meet the high-income threshold, there are still other options for you such as the state nominated visas.

South Australia state nomination for PhD students

One state nominated visa option for international graduates is South Australia’s nomination under its Highly Skilled and Talented stream.

This is a new stream recently announced by South Australia.

The stream is slightly similar to Global Talent Visa but much easier with lower income requirement.

Most PhD graduates have been struggling with income threshold requirements for Global Talent Visa.

This is the chance for you because this SA Nomination Stream is open for interstate applicants.

The requirements say you must::

1. Under 45 years of age
2. Positive Skill Assessment
3. at least Proficient English (IELTS 7.0 or equivalent)
4. EOI 65 points including State nomination points
5. Be earning a high base salary threshold commensurate with the expectations of the Highly Skilled and Talented stream (at least $80,000 per annum) and working full time (at least 30 hours per week or 60 hours per fortnight)
6. Onshore applicants are also required to show that they:
   1. Have extensive experience, working in highly skilled jobs, in senior or executive level roles; and
   2. already commenced employment in South Australia

OR

have an employment contract for a position you plan to relocate to in South Australia. If you are currently working for a company in another state, and intend to relocate to the South Australian office of your current company,

OR

Have demonstrated specialised experience or niche skills that are highly desired in one of South Australia’s critical priority sectors.

If you meet the above requirements, South Australia may potentially nominate you for the sc-491 or sc-190 visa.

For some South Australia PhD graduates, you will be encouraged to apply for state nominated visa in Australia.

You can go for SA Graduate stream with high-performing graduate pathway.

If you have positive skill assessment of your nominated occupation, you might be eligible for a visa 491 or 190.

Queensland

 Another state which has a great visa option or pathway for high-performing PhD graduates is Queensland.

Migration Queensland allows PhD graduates of the state to seek 491 visa or 190 visa nominations.

To be eligible you must:

1. Be living in Queensland
2. have a points test result, including the state nomination points, of at least 80 points (for the sc-190 visa) or 65 points (for the sc-491 visa). However, having higher points is always better
3. at least proficient English
4. have completed all of your PhD or Doctorate at a Queensland based institution
5. have had a decision of their thesis and graduated in the last 2 years
6. have an occupation listed on LIN 19/051 or the Specification of Occupations and Assessing Authorities Instrument 2019. LIN 19/051 is the Legislative instrument that lists the occupations in the Medium and Long‑term Strategic Skills List (or the MLTSSL.)

One advantage of this pathway is that if you are a PhD graduate you do not have to provide evidence of employment unlike for Master’s Degree or Bachelor Degree graduates who need to show that they have a job offer or employment in their nominated or closely nominated occupation.

Tasmania

Tasmania is also another state that is currently providing a good pathway for its PhD graduates.

Tasmania has introduced a colour-coded system to rank the applicants’ Registration of Interest (ROI).  These are the Gold, Green and Orange pass or attributes.

Those who have the Gold attribute are likely to be invited immediately to apply for the Tasmanian state nomination. These are the candidates who have their skills assessment and related employment for at least the past 3 months in Tasmania’s critical roles list. This list can be found on the Migration Tasmanian website.

Candidates who can claim one or more Green attributes are likely to be invited within 2 weeks of their ROI submission.

And those who have Orange attributes may still be invited depending on the ROIs received by the state and number of priority attributes recorded. This means that those who can only claim Orange attributes have less chances of getting invited. However the more Orange attribute you can claim, the better your chances are of getting invited to apply for the Tasmanian state nomination.

PhD graduates or candidates who cannot claim to have the Gold Attribute still has a good chance of getting invited to apply for the Tasmanian state nomination and claim a Green attribute if they have completed at least 2 years of their PhD in Tasmania.

They also have to meet the following minimum requirements:

1. have completed a course of study and obtained a letter of completion from a tertiary institution in Tasmania registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS)
2. have lived in Tasmania for at least two calendar years from the commencement of their course and for the duration of their studies
3. their course must have been completed full-time and on-site in Tasmania and
4. currently be living in Tasmania and intend to continue living in Tasmania.

If you are an onshore PhD graduate or candidate and wants to know more about your Australian visa options or who wants to know how we can assist you with your permanent visa options please contact us on (+61) 08 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

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

You can also book an appointment online.

Federal Budget 2022 - Business Investor Visa Allocations

New Federal Budgets have revealed the Migration Program planning levels.

The quota for Business Innovation and Investment Visa program has been reduced to 5000, comparing to 13,500 last year.

This will mean that it is more competitive and challenging to secure a place in the program.  

We are talking about the four streams of the 188 visa.

• The Business Innovation or 188a
• The Investor of 188B
• The Significant Investor or 188C
• The Entrepreneur or 188E

States have announced that they are running out of allocations as they are working from a interim allocation of about 800 places. 800 places for all states and territories are too short to fill up the demand of the Business and Investor visa program in Australia.

Watch our full video about Business Visa news in November 2022 here:

In that, QLD and NSW have already used up their interim allocation and closed the program temporarily. VIC and SA are very careful in selecting the applicants. SA decided  to temporarily close the Investor Stream 188B and Significant Investor Stream 188C streams.

Hopefully, the states can receive further allocations for the Business Visa Australia shortly after the Federal Budgets announcement and open to all the streams.

Now, let's look at some of the most popular stream in Business Visa 188 Australia and why should you go for it.

The 188A Business Innovation stream remains popular among applicants all over the world. This is because it has lower capital rewquiremetns than the investor path, and builds on the applicants existing business skills.

The 188C Significant Investor stream is the most simple one except for the amount if investment fund with NOT much criteria including:

• No Age limit (good for parents who are not able to do parent visa 143);
• No English Requirement (You only need to pay for the secondary fee for non-english applicant);
• No  Qualification or Business Skills and experience required;
• No Points Test (Business Innovation stream 188A and Investor Stream 188B requires Points Testing)

In order to find your best Business and Investor Visa Australia, please use our Business Visa Compare tool:

Business and Investor Visa news recap

There is still a shadow over the 188C visa which requires a 5 million dollar investment.

In Sep 2022, the Home Affairs Minister Clare O’Neil commented with Sky News that the SIV program “isn’t adding value to the country”. 

In the talk, Minister Clare O’Neil mentioned:

"I think most Australians would be pretty offended by the idea that we've got a visa category here where effectively you can buy your way into the country,"

"I don't see a lot of great benefits to the country currently." When she was asked by Andrew from Sky News if the Golden Visa Australia (Significant Investor Visa 188C) might be abolished.

The minister has criticized the Significant investor visa to be bringing in older people who can cost the budget.

There are also comments from Grattan Institute which raised concerns if the SIV will be removed shortly.

=> Applicants wish to put in a SIV application need to take actions as soon as possible.

Or, you may consider to apply for a 188B - Investor Stream instead.

Similar to 188C, 188B Visa requires applicants to invest 2.5 million Australian Dollar to the complying investment fund of Australia. It also has a pathway to Australian Permanent Residency.

The 188B Visa has grown in popularity recently and the comments on the SIV may make more people consider the visa 188 Investor stream.

The final category is the 188E Entrepreneur Stream.

While it has no capital investment requirement, the level of interest is surprising low.  This may be because the of the requirements being harder to quantify or predict.

The 188E visa requires applicant to show innovated business ideas.

State such as SA and Victoria require endorsement from service providers or investor incubator bodies.

There is a pathway to permanent residency after you hold the visa for 2 years and have a successful record of entrepreneurial activities. 

Ministerial Direction 100 - Business Visa Processing

Following the Federal Budget, there is a new Ministerial Direction 100 for skilled visa processing priority instruction published recently.

The new labor government has pointed out that their primary focus at this stage is to:

- Clear the visa backlogs caused by the delay in processing time during Pandemic Covid-19.

- Address skills shortages 

The government will still process efficiently those skilled visas in the near future to make the visa backlogs to a manageable level before Christmas.

The following skilled visas are subject to Ministerial Direction No. 100:​

• Subclass 186 (Employer Nomination Scheme)
• Subclass 187 (Regional Sponsored Migration Scheme)
• Subclass 188 (Business Innovation and Investment) (Provisional)
• Subclass 189 (Skilled - Independent)
• Subclass 190 (Skilled - Nominated)
• Subclass 191 (Permanent Residence (Skilled Regional)
• Subclass 457 (Temporary Work (Skilled))
• Subclass 482 (Temporary Skill Shortage)
• Subclass 489 (Skilled - Regional (Provisional))
• Subclass 491 (Skilled Work Regional (Provisional))
• Subclass 494 (Employer Sponsored Regional (Provisional))
• Subclass 858 (Global Talent)
• Subclass 887 (Skilled - Regional)
• Subclass 888 (Business Innovation and Investment (Permanent).

In the last point of the Direction 100 Factsheet, it says that the Government will reduce priority to some programs to shift attention to skilled visas such as State Nomination, Employer Sponsorship program.

The report states that this reduction will help increase efficiencies in reducing processing times across caseloads. This is reflected by the total allocation number of those programs this financial year 2023.

However, Visa applications for the Global Talent and Business & Investment program will still be processed efficiently in line with the planning levels of the Migration Program.

Read full details of the Ministerial Direction 100 - Skilled Visa Priority Processing >>

Summary of current Business Investment Visa Australia situation

In summary, the allocations are now lower, at 5000.  But with only 800 state allocations so far, there is still over 4000 potential places to be sending out in the next 7 months.

The demand on the Business Investment visa 188 is still high so the new allocations could be filled quickly. Imagine the 800 allocations have been filled within 2 months since announcement, the rest is expected to be running out soon in 3-4 months.

This leads to a more selective process from the government. That means your documents and profile must be clear and well-managed to be successfully get the visa 188.

An application for business or investment visa Australia must be handled with care as it involves demonstration of significant assets (AUD 2.5 - 5 million) and the preparation to liquidate the amount for transfer into the complying investments before the visa is granted. 

The team at Work Visa Lawyers has extensive experience in compiling financial and business documents from different countries and submitting the information in an organised manner for the DHA to process the documents smoothly.

Australian Business and Significant Investor Visas Subclass 188 Closed - New Visa Expected in 2024! Read more here! 

Work Visa Lawyers works with accredited fund managers to provide options to our clients for the complying investments.

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

We are available in English, Mandarin, Cantonese, Vietnamese, Punjabi, and Tagalog.

So that is the news about the Business Visa space.

Please stay tuned for further update. 

Australia's skilled visa programs are designed to select people who will make a positive contribution to the Australian economy and labor market and assist Australian businesses to access workers with skills that cannot be met in the local labor market.

Since the new government has been in place, the Department of Home Affairs has finalized over 2,780,000 Visas. 

This includes over 43,000 temporary skilled applications and over 47,000 permanent skilled visa applications.

This has been shown clearly in the processing of the Visa 189 invitations.

The new labor government has pointed out that their primary focus at this stage is to:

- Clear the visa backlogs caused by the delay in processing time during Pandemic Covid-19.

- Address skills shortages 

Minister Andrew Giles states that the visa backlog will come to a "manageable" level before Christmas.

Currently, the government has produced new direction 100 to address the issue of businesses crying out for skilled workers.