Today’s ever changing economic climate can result in necessary changes to business plans.

What happens if you were approved for state nomination based on a particular business plan, and then this plan changes after your 188A visa is granted?

Overview of 188a Business Innovation Visa Australia

Social Workers is one of the occupations that are in great demand in Australia and worldwide.

According to Health Direct of Australia, Social workers are allied health professionals who help people who are in crisis and need support.

The target clients of social workers are elder people, disabilities or people who have suffered from family violence…

Social workers will provide counselling, supporting information, and referral to other services to address the issue.

This is a highly skilled occupation in Australia, and it is currently in very high demand.

Social Work is on the Medium and Long-term Strategic Skills List (MLTSSL) of Australia.

That means clients who are working as Social Workers can apply for all the General Skilled Migration visa options, including 189 visa, 190 Visa, and 491 Visa.

Being listed in MLTSSL can be beneficial for migrants who are seeking for employer sponsorship program which will give them a pathway to Permanent Residency.

This article only discusses the options in the Skilled migration program including 189, 190, and 491 visas.

There are many more occupations that are popular to get Australian PR by Skilled Migration program.

Here is the article for the best 10 courses to study to get Australian PR>>

Qualification for practicing as Social Worker

To be qualified as a social worker in Australia, you must complete at least Bachelor course in Social work.

There is no registration required to work as a social worker.

This is recommended to be working as a social worker and getting Australian Skilled Visa (PR).

Most courses in social work provide internship programs during the last year which is very helpful for Skill Assessment and securing job in the future.

Bachelor of Social Work in Australia usually takes 4 years to complete while a master’s degree only takes 2 years.

Please be advised that the pre-requisite for Social work course could be complicated.

You may need to seek professional advice to see if you are eligible for the course entry requirement.

Skilled Migration program - Get PR as Social Worker

There are 3 main streams under skilled migration program which we will talk about later and how social workers can secure one of the three to get their Australian Permanent Residency.

189 Visa – Skilled Independent Visa Pathway

This is a points test based permanent residency visa which requires applicants to calculate their points through the Expression of Interest system.

The minimum 65 points must be met to be eligible to lodge EOI for 189 Visa.

In the recent invitation round, Social Workers with minimum of 65 points received invitations from the Department of Home Affairs to apply for the 189 visas.

190 Visa State Nominated – Permanent Residency

190 Visa is state nominated visa which only happens when applicants are invited by a state or territory to apply.

Each state or territory has its own occupation list and nomination requirements.

Please refer to each state’s website for their criteria.

491 Skilled Regional Visa Pathway – 5-year temporary visa

The state nomination requirement also applies to 491 skilled regional visa applications; however, the other requirements are much easier for 491 visas comparing with 190 visa criteria.

Especially some occupations are not required to have work experience to be nominated 491 visas.

You also have a permanent residency pathway through 191 Visa after meeting certain requirements.

The benefits of 491 visa is that you will have Medicare card even though you have yet a permanent resident.

In the current 2022-2023 financial year, Social Worker is on every single state/territory’s occupation list.

Social Worker as mentioned, is a very demanding occupation in Australia.

Social Work graduates may easily find ways to get Australian PR through a skilled migration program.

Let’s look at an overview of the state and territory’s nomination requirements.

NSW State Nomination requirement for Social Workers

 Social Worker is on the Visa 190 occupation list of New South Wales. Applicants need to have been living in NSW for at least 6 months.

NSW just get rid of their minimum points requirement.

This, in our opinion does not make much difference unless there is no applicant with points over 65 or 70 like the last minimum points for social workers.

VIC State Nomination requirement for Social Workers

VIC is open to all occupations this Financial Year. Applicants who meet the standard criteria can apply.

The more experienced you are and the higher points you have, the you are more likely to get an invitation.

SA State Nomination requirement for Social Workers

As always, SA’s state nomination policy is steady and friendly, especially to its international graduates. - if you have been working as a Social Worker in SA in the last 3 months, you will be eligible for a 190.

However, there are more streams for social workers from interstates or offshore to be invited.

Please refer to Move to SA website for more information.

WA State Nomination requirement for Social Workers

WA reduced its entry criteria this financial year. It got rid of the Job Offer and English requirements for its graduates.

WA is becoming one of the most attractive states for the Skilled Migration program in Australia.

ACT State Nomination requirement for Social Workers

Social Workers remain on its Critical Occupation List. However, the 190 Matrix points are relatively high.

TAS State Nomination requirement for Social Workers

The new Attribute system is introduced this year. Extra attribute points can be claimed for Social Workers.

Skill Assessment for Social Workers

The Social Workers’ skill assessment authority is AASW. There are five Criteria that must all be met for a positive assessment for migration and employment purposes:

Criterion 1: The qualification must be a specific qualification major in social work.

Criterion 2: The qualification must be regarded as a professional social work qualification in the country of training.

Criterion 3: The learning outcomes of the professional social work qualification is comparable to the learning outcomes that graduates of AASW-accredited social work qualifications must demonstrate.

Criterion 4: At least 980 hours of field education in at least two placements and with two contrasting practice foci, with a requirement that one placement must be in direct practice.

Criterion 5: English language with only IELTS accepted at 7.0 each band

To most applicants, demonstrating the high-level English skill the biggest challenge in this process.

If you are struggling to get the required English level, then you may be assessed as other occupations, including:

• Community Worker 411711
• Welfare Center Manager 134214
• Disabilities Services Officer 411712
• Family Support Worker 411713
• Residential Care officer 411715
• Youth Worker 411716

The above occupations are assessed by ACWA, which offers an English waiver.

However, those occupations are not included in the Medium and Long Term Strategic Skilled List which may give you fewer PR options.

Souce:

• https://www.aasw.asn.au/careers-study/assessment-of-social-work-qualifications-international-or-australian-for-migration-and-or-employment-purposes
• https://www.acwa.org.au/migrants/skills-assessment-criteria/

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.

Australia's 2022-23 Migration Program will be vastly different to the 2021-22 program, not just in size but also in composition.

This program has a significantly greater skill visa stream at 142,500 places.

This is the biggest in Australian migration history.

The top news in December is the effects of the new Ministerial Direction 100: Skilled Visa Processing priority

It indicates the order of processing priorities for General skilled migration and the Business Innovation & Investment Program (BIIP).

Generally speaking, it appears priority is being given to trades and Technical skills to assist with the shortages.

The visa backlog has now dropped to 755,000 from almost 1 million thanks to an additional 300 staff.

It is expected to be at a manageable level before Christmas, said by Minister Andrew Giles.

More news will also be discussed in this article.

Why may Jobs and Skills Summit 2022 outcomes worsen Australia’s immigration systems and increase skills shortages?

*This article is written based on Immigration Lawyers’ view and suggestion on the current Migration plannings by the new Federal Government”

One of the major outcomes from the Jobs and Skills Summit 2022 is that the number of Australian Permanent Residency visas will be increased to 195,000 (an increase of 30,000), with additional funding provided to get through a backlog of visa applications.

As further discussed in this article, whilst not unwelcome these changes nevertheless fall acutely short in terms of actually addressing core problems.

The current Australian immigration system is not fit for purpose – the Australian Government needs to reform and modernise immigration policy.

This article will consider:

• What are the skills shortages?
• Why the Skills Summit outcomes will not actually fix skills shortages?
• How can skills shortages be addressed through immigration policy reform?

If you want to know the likely outcome of the Skills Summit migration policy, then skip to the end of this article.

Table of Contents — Skills Shortages in Australia

Seven Policy reforms needed to address skills shortages

1. Need to add more lower skilled occupations to the skilled lists
2. Skills assessment requirements are out of touch with industry
3. Professional registration processes are too slow and cannot keep up with demand
4. Simplify and reduce costs with employer-sponsored migration
5. Integrity measures and protections against exploitation, including a new visa for vulnerable persons
6. Prohibitive effect of ‘Genuine Temporary Entrant’ requirement for Student visas
7. Regional Migration incentives for all skilled, business and employer visas
The Grattan Institute using migration to generate tax income will make skills shortages worse for businesses

Skills shortages in Australia - What does it really mean?

In considering how Australia’s migration program can be shaped to address skills shortages, the starting point is to consider whether the right question is asked about ‘skills’ shortages. Is this phrase used in honest and realistic terms?

The term ‘skills shortages’ can often be bandied about in the context of higher-skilled positions, for instance, engineers and doctors. Likewise, Australia’s current migration program is heavily skewed towards occupations classified at a higher skill level. The rationale is presumably that those highly skilled migrants fill complex/professional roles, and are more desirable and in demand.

Yet many of the skills shortages in Australia are actually for lower-skilled and lower-paid jobs. The shortages are especially critical for those occupations in regional locations – areas that are outside of the bigger metropolitan cities in Australia. 

Is the existing migration program equipped to resolve skills shortages?

Unfortunately, no, not according to the data. 

Based on the Skills Priority List, job vacancies data and projected employment growth, the Sydney Morning Herald recently published a forecast of the top in-demand occupations^[1]: 

1. Registered Nurses
2. Software and Applications Programmers
3. Aged and Disabled Carers
4. Construction Managers
5. Child Carers
6. Motor Mechanics
7. Retail Managers
8. Chefs
9. ICT Business and Systems Analysts
10. Metal Fitters and Machinists

Indeed, this list demonstrates that Australia’s skills needs are nuanced. We urgently need a mix of skilled workers to fill higher-skilled and lower-skilled occupations.

Take for example the aged care sector, which has multi-layered workforce needs. Registered nurses must be supported by aged and disability carers as well as personal care assistants. Together they play a vital role in the day-to-day care of some of the most vulnerable members in our community.

Seven Policy reforms needed to address skills shortages

1. Need more lower-skilled occupations to the Australia Skilled Occupation Lists

One of the central problems with the current Australian migration system is the restrictive skilled occupation list, which is too focused on highly educated, tertiary-qualified occupations. There is a propensity to overlook the ‘lower level’ occupations when in fact, these are often the jobs that most need to be filled. Skilled lists for visas need to be amended to add occupations that have the biggest skills shortages, including Horticultural Workers, Aged and Disability Carers, and Child Care Workers.

The irony is that government ministers have sounded the alarm about dire aged care shortages, calling for quicker visa processing and more skilled or work visas for aged and childcare workers.

For those with firsthand knowledge of the system, this rhetoric only highlights the shocking and ongoing failures of the Australian migration program. Skills shortages in the aged care and agricultural industries are not new – these are problems that Australia has grappled with for decades and have significantly worsened during Covid-19.

Despite impassioned pleas from these desperately understaffed industries, aged carers and childcare workers are still nowhere to be found on Australia’s skilled occupation list. What good will faster visa processing do when aged carers cannot apply for at least an Australian working visa in the first place? 

These highly desirable workers are excluded from the mainstream skilled migration program. Since standard visas are not open to them, the only alternative for employer sponsorship visas would be sought through a Labour Agreement. This is a complicated, often costly and overly bureaucratic process – it can serve as more of a deterrent than a viable alternative. In the absence of other tangible options, Australia is likely losing many aged and childcare workers to forward-thinking countries that have readily accessible migration pathways.

There needs to be a broad sweeping shift within the Australian migration program to recognise the value of ‘lower-skilled’ occupations.

“Now more than ever they should be brought to the forefront instead of dismissed as outliers.”

Reform to incorporate crucial occupations such as child and aged carers into the mainstream program, creating clear pathways for them to keep working in Australia, would bring immense relief Australia wide.

The Australian Government must commit to policy reforms, rather than placing these issues in the ‘too hard’ basket and walking away. Shortages in the aged care and agricultural sectors are not new problems in Australia. This is a systemic conundrum that requires actual policies to address. Regrettably, the Australian Skills Summit 2022 largely avoided the difficult area of lower skilled and low-paid jobs that cannot be filled. This includes carer jobs, agricultural labor and a range of regional low-skilled jobs. These are important jobs that need to be filled - land must be cultivated and crops must be harvested. Farm workers and aged carers work tirelessly to feed and care for the nation.

On the critical need to prioritise visa pathways for lower skilled workers, Fiona Simson, President of the National Farmers’ Federation had this to say:

“While much of the discussion at the Jobs Summit centred on migration for highly skilled workers – which is undoubtedly a challenge for agriculture – we are still left wondering how we will plug the yawning gap in lower skilled workers.

“We know the PALM isn’t the answer in isolation. We know domestic workers aren’t here in the numbers we need. 

“We need appropriate visa pathways to bring in workers from around the world, and to ensure they’re having a positive experience in regional Australia.

“It’s as though people think if they just ignore this problem for long enough, it will just go away. History tells us it is only getting worse.”

“We know that we’re short at least 172,000 workers across our food supply chain. We’re seeing this manifest in higher prices and supply disruptions on supermarket shelves.

“This isn’t just a farmer problem anymore. It’s a burning cost of living and food security issue that needs urgent attention”.^[2]

Ms Simson astutely draws attention to the fact that agriculture is the lifeblood of Australia. At the most fundamental level, we are reliant on the agricultural industry to meet our basic needs for food and produce. For this reason, skills shortages in this industry cannot be a problem left for future governments to address. Labor shortages lead to diminished production and wasted yields, with the end result being higher prices for goods. Taking action now to address the agricultural skills shortages will help stem the tide of inflation and afford much-needed relief in the cost of living for Australians.

In the end, we have two options:

1. Either change the Australian Skilled Occupation List (SOL) to reflect the needs of the agricultural, aged care and childcare sectors, thereby bringing in skilled workers who are suitably qualified, experienced and willing to fill these occupations; or
2. Apply pressure on the thousands of accountants and engineers on skilled visas (491 or 190 Visa) to complete government-funded courses to become carers and agricultural workers, and then persuade disgruntled migrants to fill these labor-intensive jobs.

2. Skills assessment requirements are out of touch with industry

General Skilled Migration visas (189/491/190) rely on skills assessment as a key starting point. Applicants must firstly obtain a positive skills assessment by the relevant skills assessing authority for their particular occupation.  The purpose of the skills assessment is to assess qualifications/experience and verify that an applicant has the skills that are standard to work in a relevant occupation. 

Skills assessments for certain occupations have been criticised for imposing unreasonably stringent requirements. For instance, the VETASSESS skills assessment requirements for a Crop Farmer are:

• A Bachelor degree level qualification
• One year of work experience. 

It seems absurd that an overseas farmer with 10 years of experience but no degree could not obtain a positive skills assessment.  Anyone in the agriculture industry would say that 10 years’ worth of experience is infinitely preferable to a degree and a year’s experience.

Whilst skills assessments make sense in the context of migrants whose qualifications were obtained overseas, it should not be required in some occupations for those who have obtained a recognised Australian qualification. This would enable the skills assessing bodies to allocate resources more efficiently.

Furthermore, the skills assessment process needs to be better funded and processed faster across the full range of occupations. Impediments should be removed to allow for an easier and accommodating skills assessment process. In comparison to the health and medical occupations, skills assessments for other skilled occupations such as Accountants are obtained much quicker.

As it stands, there are a select few assessing authorities with the power to assess applications and issue skills assessments. As one of the largest skills assessing authority, VETASSESS has a monopoly over this market.

=> If the Australian Government authorised more skills assessment providers, healthy competition could not only provide relief in the backlog of applications but also promote better service and efficiency overall.

3. Professional registration processes are too slow and cannot keep up with demand

A vital component of skills assessments for certain occupations (e.g. medical practitioners, pharmacists) is professional registration, a process that can take years for those in health and medical-related occupations. This is not only frustrating but incredibly ineffective and prevents doctors from being on the ground, working on the frontlines providing medical care.

Oftentimes registration is open a few times a year and missing a cut-off date means waiting months. Registration for General Practitioners can be stalled for years in some cases, all the while rural and regional areas continue to suffer from lack of access to basic healthcare services.

Dr Michael Clements, Rural Chair of the Royal Australian College of General Practitioners, echoes the pressing need to cut the red tape and remove unreasonable barriers to entry:

“Ask many GPs and practice managers, particularly outside of major cities, and they will tell you how difficult it can be to bring in a GP from overseas and get them set up to actually start helping patients. It can take up to two years and this time consuming process leaves many practices desperately short of GPs with nowhere else to turn.

“Let’s relieve the bureaucratic headache and provide more support for international Medical graduates so that more communities can bring in GPs from overseas without delay. No patients should be left behind, everyone deserves access to high-quality general practice care”.^[3]

According to the Australian Medical Council, there are just 6 exam days scheduled each month from February to November 2023. Another prime example of the restrictive registration process in the health profession relates to pharmacists, with exams in 2023 scheduled for just 2 days in February and June, and 8 days in October.

Medical boards need to be brought into the modern era and dispense with archaic processes. With the remarkably adaptive technology in this day and age, access and frequency should pose no barrier. Online exams surely can be conducted anywhere and delivered all year round.

The structures that we have in place are not conducive to enabling skilled workers to fill critical roles. Bureaucracy should not stand in the way, because Australians will only suffer for it. The devastating impact of the COVID-19 pandemic, causing Australia’s healthcare system to buckle under heavy strain, clearly demonstrates that Australia does not have years to wait.

4. Simplify and reduce costs with employer sponsored migration

Employer-sponsored visas are currently too complicated and require too much work experience from the applicant; there needs to be reform to allow for greater flexibility. 

Another measure that was introduced with good intentions is the Skilling Australians Funds (SAF) levy. The levy, which ranges between $1200 to $7200 for temporary visas and $3000 to $5000 for permanent visas, is charged upfront and can only be refunded in select circumstances.

This can lead to many employers being charged the full fee but getting no skilled worker if unforeseen changes occur.

In practice the SAF is an expensive aspect of employer sponsorship visas and acts as a barrier to entry for many Australian businesses. The effect has been not to raise more funds for training, but results in less applications and thus not as much funds generated. 

The SAF has serious issues similar to the fees for no service rendered that banks charged. One way to lessen the strain for employers is to lower the cost or charge the SAF on a pro-rata basis for each year of sponsorship, instead of requiring the entire amount to be paid upfront. Additionally, employers in critical sectors or regional areas would benefit from a reduced SAF levy.

Australian migration law states that those who have previously had a visa refused while they were in Australia can only further apply for very limited kinds of visas. This is known as a ‘Section 48 bar’ and primarily requires applicants who have a prior visa refusal to leave Australia and apply for another visa offshore.

Recognising the overseas travel difficulties arising from the pandemic, a legislative change was enacted in November 2021 which enabled those affected by the Section 48 bar to apply onshore for certain Skilled visas. Facilitating easier access to genuine pathways is in the best interests of both applicants and their employers. The simple solution to allow even more people in Australia to meaningfully participate in the workforce is to expand the list of exempt visa categories (such as the employer-sponsored TSS 482 visa). Permitting skilled migrants impacted by the section 48 bar to apply for demand-driven visas onshore will enable them to meet business needs and fill positions in many essential sectors.

5. Integrity measures and protections against exploitation, including a new visa for vulnerable persons

There is an inherent power imbalance when it comes to employer sponsorship. Since employers must shoulder the costs of sponsorship and nomination, this can create a burden on the employer and lead to undue expectations. Employer-sponsored visas should strike an appropriate balance between ensuring the sponsored worker does perform the role, whilst also ensuring visa holders are aware they can avail of workplace rights irrespective of their visa conditions and immigration status. Visa holders and migrant workers have the same workplace protections as any other employees in Australia, but greater education is needed.

Employer-sponsored migration carries sponsorship obligations and there is a sponsorship monitoring program in place to protect sponsored 457/482 visa holders. What must be underscored is that exploitation can arise with any form of visa, at any job and in any workplace. Within the realm of non-sponsored visas, exploitation can go unreported. Some of the worst areas of worker exploitation is within the largely unmonitored temporary visas. These include visitor and student visa holders, backpackers and the new 408 Pandemic Event visas.

In terms of existing protections for working visa holders, there is an initiative known as the Assurance Protocol. This aims to support visa holders in seeking help from Fair Work without fear of visa cancellation. However, the scheme still does not resolve the issue of what other visas an exploited person may apply for. 

If an employer is found to have engaged in wrongdoing, they may be fined or barred from further sponsorship. There are far more serious consequences for visa holders, who often fear having their visa cancelled and losing their path to permanent residency. The reality is that these visa holders who have breached their visa condition nevertheless remain vulnerable to visa cancellation if there are no other visas they can apply for.

Safeguarding the integrity of the migration system and visa holders’ rights is of paramount importance. The Australian Government ought to consider introducing a temporary visa for vulnerable persons to help those who have been, or are being, subjected to exploitation get back on track. There is an immediate need for an exploited person or vulnerable person temporary visa. The vulnerable person visa could also extend to victims of family violence (outside of partner visas) who are not covered under current legislation. Though this kind of visa would be difficult to design and implement, without it many victims of exploitation have no way to escape from an awful situation.

When someone in Australia is being exploited by their employer or sex trafficked, how can they bring this to the attention of the Immigration Department without exposing themselves to the risk of having their visa cancelled and being put in detention? The lack of visa options for people being exploited basically compels them to stay in the exploited situation and fortifies the unlawful practices of exploitative employers or sex traffickers. Having a concrete visa system would go a long way towards protecting vulnerable migrants, instilling trust so that they feel confident taking on jobs across all industries and coming forward when there is exploitation. 

A reform has been put in place on July 2024 to cover some forms or exploitation, specifically workplace exploitation. See this link to the Workplace Justice Visa. 

6. Prohibitive effect of ‘Genuine Temporary Entrant’ requirement for Student visas

The international education sector is one of Australia’ largest export industries, contributing billions to the economy and supporting many thousands of education jobs throughout Australia. Australia benefits significantly from international education. International students also help alleviate hospitality job shortages through part-time work. Many successful Australian migrants of today originally came to Australia as international students.

Yet promising students are too often refused Student visas subclass 500 due to the dreaded Genuine Temporary Entrant (GTE) requirement. Essentially the GTE criteria requires applicants to demonstrate they genuinely intend to stay temporarily for their studies and will return to their home country. This entirely subjective requirement can deter international students who are weighing up their options. Considering countries such as the UK and Canada do not impose an equivalent GTE requirement, this renders Australia less attractive on a global scale.

The inherent illogicality in the GTE requirement is that no one can foretell the future. An applicant may have a faint hope of settling in Australia one day, or later find that they love their job and seek a pathway to permanent residency in Australia. Even so, international students are expected to unequivocally declare they only intend to stay in Australia temporarily and prove they have incentives to return home.

The purpose of Student Visa 500 is to allow international students to pursue studies in Australia. It should be enough for students to demonstrate they have been offered enrolment in a course of study and have the financial capacity to pay their tuition fees and living costs.

Student visas commonly refused due to the confusing and highly arbitrary GTE requirement, are clogging up our already overloaded merits review bodies and courts. Recent statistics reveal that student visa refusals account for a staggering 34% of lodgements to the Administrative Appeals Tribunal (AAT).^[4]

Removing the GTE requirement would revive Australia’s once thriving international education industry, boosting the numbers of international students and saving millions from students not having to pursue costly and time-consuming AAT and judicial review matters. 

7. Regional Migration incentives for all skilled, business and employer visas

Regional areas are undoubtedly hardest hit by skills shortages. To attract migrants to these regions, appropriate concessions should be built into all skilled or employer visas for facilitating access to Australian Permanent Residency while living and working in regional areas - for instance requiring work experience but no skills assessment.

A regional skills visa that is easier to access by a wider pool of applicants would serve as incentive for migrants to work and settle in regional areas.  Increasing the number of Australian permanent visas (Visa 189 and Visa 190) but failing to offer appealing incentives for regional-specific visas, means migrants are likely continue to seek employment opportunities in the more populated capital cities.

The Regional Occupation list (ROL) for the TSS 482 visa currently has no path to permanent residency. This means after four years in a regional area, visa holders are expected to return overseas, a loss to the regional area and a terrible policy setting.

Every new visa or visa reform should include a stream/variation, which makes it easier for applicants and sponsoring employers in regional areas. Incentives are needed to attract migration to these remote and regional areas, rather than a one-size-fits-all approach that includes Melbourne and Sydney.

The Grattan Institute using migration to generate tax income will make skills shortages worse for businesses

Recommendations recently put forward by the Grattan Institute are too narrowly focused on the economic value of migrants: through tax payment. Their model is to attract younger, higher-skilled migrants who earn high incomes and pay substantial taxes, in order to generate fiscal dividends in the long-term. Though these concepts could be fruitfully applied to certain Skilled visa categories, serious danger lies in adopting this model for our migration program as a whole.

The Grattan Institute have proposed abolishing the occupation list and moving towards a wage threshold set at $85,000 per year for the permanent skilled program. Rather than focusing on current labour-driven demands, the Grattan Institute is advocating for granting permanent residency to migrants in higher-earning jobs who are expected to pay more tax over their lifetime. Based on economic modelling, the Grattan Institute contends this reform would consequently boost the federal and state budgets by billions over the next decade.

Migrants of varying skill levels have a great deal to contribute to the workforce, economic and social fabric of Australia. Their intrinsic value does not boil down to income and generated tax revenue. If the Grattan Institute’s short-sighted policies are widely implemented, the harsh reality is hard-hit industries namely aged and disability care, childcare and agriculture will continue to suffer amidst rising shortages. We will end up with an influx of skilled migrants whose skills do not match our needs.

The Grattan Institute argues that by letting enough highly skilled migrants into Australia, all areas with skills shortages will benefit. Quite the opposite. More highly skilled migrants such as finance and engineering professionals, will not lessen the skills shortages but will instead add pressure on a range of sectors. Those highly skilled migrants will consume locally grown produce, enter their children into schools, and then eventually grow old and require care. What they WILL NOT DO is work as a carer or fruit picker.

Alongside this, the Grattan Institute is in favour of abolishing the Business Innovation and Investment program (BIIP) on the basis that applicants for these visas tend to be older, earn lower incomes and cost more in public services. This brings to mind an old idiom about not seeing the forest for the trees. The Grattan Institute’s model does not measure all the far-reaching benefits that flow from migrants who bring with them vast networks, business acumen and enterprising investments, all of which stimulate the economy, present exciting trade opportunities, and lead to the creation of hundreds and thousands of jobs in Australia.

Policy surely cannot be based on the barren premise that migration is all about revenue. Applying a narrow metric of income-earning potential and revenue misses the larger picture. At the heart of migration lies the core aims of driving economic activity particularly in our regional areas, job creation and of course, filling lower-skilled, difficult, and demanding jobs.

Conclusion: Act today or pay the price in future

Although the Australian Government has promised 35,000 more permanent visas and quicker processing, this “solution” could compound the problem and in fact exacerbate the skills shortages. Unless difficult areas in need of workers are directly targeted, especially aged care and agriculture, we are no closer to solving the skills shortages problem in Australia.

Having worked in the migration profession for a long time, I regret to say there are longstanding problems with the system that successive ministers have failed to address. Trickle down migration policy, while impressive in theory, does not work in practice. History has shown us that drastically raising the number of highly skilled migrants and shrinking other programs, including employer-sponsored migration, does not deliver people to where jobs are actually needed.

Simply granting more permanent visas, and faster, does not solve the problems Australia is faced with. Sensible reform either by adapting the existing system or creating clear new visa pathways, combined with timely processing, is needed to alleviate serious skills shortages. These are the major reforms needed:  

• Add lower-skilled, in-demand occupations to the Skilled List
• Re-examine the skills assessment requirement and improve professional registration processes, particularly for the health professions
• Simplify employer-sponsored migration and remove entry barriers
• Stronger protections against exploitation, such as a visa for vulnerable persons
• Provide Regional Migration incentives for skilled, business and employer-sponsored visas

This is a real test of leadership. We call upon the Australian Government to heed the pleas of employers across Australia and seize this opportunity to modernise long neglected migration policies. If action is not taken, ultimately Australia will be stuck in a perpetual cycle of permanent visas for higher skilled migrants congregated in capital cities, all the while skills shortages in critical sectors (agriculture, healthcare, child and aged care) and regional areas continue to worsen.

Sources

• https://www.aat.gov.au/AAT/media/AAT/Files/Statistics/MRD-detailed-caseload-statistics-2021-22.pdf      
• https://www.amc.org.au/assessment/mcq/mcq-examination-events/ 
• https://amp.smh.com.au/politics/federal/the-most-in-demand-occupations-revealed-as-skills-shortage-strikes-more-industries-20221005-p5bng2.html 
• https://www.pharmacycouncil.org.au/pharmacist/exam-dates-and-centres
• https://www.fairwork.gov.au/find-help-for/visa-holders-migrants/visa-protections-the-assurance-protocol            
• https://grattan.edu.au/news/why-boosting-permanent-skilled-migration-wont-fix-the-worker-shortage/  
• https://grattan.edu.au/news/making-skilled-migration-better-not-just-bigger-should-be-the-priority-at-the-jobs-summit/
• https://grattan.edu.au/news/australia-faces-tough-choices-on-migrant-income-and-residency/
• https://grattan.edu.au/news/the-119-billion-free-lunch/      
• https://nff.org.au/media-release/jobs-summit-yields-incremental-gains-but-a-plan-to-fill-172000-ag-vacancies-remains-elusive   
• https://www.racgp.org.au/gp-news/media-releases/2022-media-releases-1/october-2022/racgp-backs-cutting-red-tape-for-foreign-doctors
• https://treasury.gov.au/sites/default/files/inline-files/Jobs-and-Skills-Summit-Outcomes-Document.pdf
• https://www.homeaffairs.gov.au/reports-and-pubs/files/migration-system-aust-future-submissions/s-z/Work_Visa_Lawyers.pdf

Author Profiles

Chris Johnston, Principal Lawyer

Chris became an immigration lawyer in 2006 and founded Work Visa Lawyers in 2011.

Chris has served as SA State President for the Migration Institute of Australia (MIA) and a Director on the National Board of the MIA. The MIA is the peak professional body for migration professionals. As an active member of the MIA, Chris presently serves on its Regional Migration Subcommittee.

Chris stays abreast of policy changes and other issues relevant to the migration industry. Chris is a passionate advocate for regional employers and businesses. His prolific experience in the industry has given Chris unique insight into the issues that confront Australia’s migration program.

Learn more about Chris

Trang Vu, Lawyer

Trang became an immigration lawyer in 2015. Trang is a member of the Migration Institute of Australia and Law Society of South Australia.

Trang has a strong interest in migration reform, particularly in relation to combatting the exploitation of migrants.

Learn more about Trang

^[1] David Crowe, The Sydney Morning Herald ‘The most in-demand occupations revealed as skills shortage strikes more industries’ 5 October 2022 <https://amp.smh.com.au/politics/federal/the-most-in-demand-occupations-revealed-as-skills-shortage-strikes-more-industries-20221005-p5bng2.html>.

^[2] National Farmers’ Federation ‘Jobs Summit yields incremental gains, but a plan to fill 172,000 ag vacancies remains elusive’ 2 September 2022 <https://nff.org.au/media-release/jobs-summit-yields-incremental-gains-but-a-plan-to-fill-172000-ag-vacancies-remains-elusive/>.

^[3] The Royal Australian College of General Practitioners ‘RACGP backs cutting red tape for foreign doctors’ 10 October 2022 <https://www.racgp.org.au/gp-news/media-releases/2022-media-releases-1/october-2022/racgp-backs-cutting-red-tape-for-foreign-doctors>.

^[4] Administrative Appeals Tribunal ‘MRD detailed caseload statistics 2021-22’ <https://www.aat.gov.au/AAT/media/AAT/Files/Statistics/MRD-detailed-caseload-statistics-2021-22.pdf>.

The TSS subclass 482 visa was introduced on 18 March 2018. It replaced the 457 visa which will no longer be granted. While applications for the 457 Visa are no longer being accepted, applications that were filed before 18 March 2018 will still be processed. View the full list of 457 and 482 Visa differences here.

10 points on the TSS 482 Visa:

1. Stages and Streams
2. Labour Market Testing
3. Training Requirements and Sponsor Obligations
4. Genuine Need for Position
5. The Annual Market Salary Rate (AMSR)
6. Skills Assessments and Work Experience requirements
7. Providing Complete Documents
8. School Fees and Giving Birth in Australia
9. Alternatives to the 482
10. Pathway to PR in Australia

 1) Stages and Streams In The TSS 482 Visa

A key feature of the TSS Visa 482 is that it splits the list into three streams:

• Short-Term stream
  • $1,330, per applicant over the age of 18.
• Medium-Term stream
  • $2,770, per applicant over the age of 18.
• Labour Agreement Stream
  • $2,770 per applicant over the age of 18.

Short-Term stream:

• Only allowed visa for duration of up to 2 years
• Only one onshore renewal possible – this means that after 4 years on TSS the applicant will have to go offshore to apply again.
• Occupations listed on STSOL
• No pathway to PR provided for short term occupation (unless covid-19 concessions apply for 186 TRT Stream, this is a new temporary concession for 482 Visa short term to PR 186)

Medium-term stream:

• TSS visas granted for up to 4 years
• No limit on number of onshore renewals
• Occupations listed MLTSSL
• Offers a pathway to Australian PR after 3 years holding visa with the same employer through:
  • ENS Temporary Transition (subclass 186)
  • (Only for certain applicants)RSMS Temporary Transition (subclass 187)

This means that if you are applying through the medium-term stream, your 482 visa will be valid for up to 4 years. You will then be able to meet permanent employer sponsored visa requirements, which are not available to 2-year TSS visa holders. You should note that if you are applying under the Short-term stream, you will need to meet Genuine Temporary Entrant (GTE) requirements.

We have writtern a blog related to the GTE issue for student visa in the 7 Policy Reforms For Australian Migration

Labour Agreement Stream:

The Labour Agreement stream is for where occupations are not on the TSS list. The employer applies for a Labour Agreement to allow them to sponsor specific occupations not on the list or to access certain concessions to requirements.

This includes DAMA, industry labour agreements, GTEs and company-specific labour agreement.

2) Labour Market Testing

While there are many requirements for the labour market testing, the most important features include:

• Advertising in at least three instances or mediums (one of which must be Workforce Australia)
• Running the job ad for at least 28 days
• Job ads must have been run in the last 4 months before lodging nomination stage
• Mentioning the salary of the position in the advert (If salary is less than $96,400)
• You may be exempted from the Labour Market Testing, if International Trade Obligations apply.

However, once the Skilling Australians Fund is implemented, 28 days of advertisement will be required.

3) Training Requirements and Sponsor Obligations

Since the Skilling Australians Fund was implemented, the TSS 482 visa programme no longer utilises training benchmarks A or B which were used by the 457 visa. Instead, employers have to contribute towards the Skilling Australians Fund by paying the nomination training contribution charge upfront when lodging the nomination application. The levy will differ according to the length of the visa and size of business. There are a large number of requirements for approved 482 Business Sponsors and 482 visa holders to comply with. 

Conditions applicable for business include:

• Applicant works in the nominated occupation
• Business should retain all the records
• Cooperate with any inspections

Conditions applicable for the applicant:

• Primary applicant can only work for the approved sponsor
• There are a limited number of occupations with exemption to work rights
• They must inform Department of Home Affairs if applicant stops working
• Must find have new nomination within 60 days if employment ends
• Ensure equivalence between Australians and foreign workers

The department undertakes monitoring upon all approved business sponsors.

4) Genuine Need for The Nominated Position

There must be a genuine need for the nominated position, which must be on the 482 occupation list. A leading reason for refusals is failing to demonstrate that the position is genuine and required for the business. The 482 occupation list can be regularly revised by the department, so you will need to check the list to see if your occupation is there when you are lodging the 482 nomination application. It is highly advised that all applicants submit strong and supported nomination applications for the 482 Visa.

5) The Annual Market Salary Rate (AMSR)

The Annual Market Salary Rate (AMSR) replaces the market salary rate previously required for the 457 visa applications. The AMSR is now more defined with strict differentiation between monetary and non-monetary remuneration. The salary must be at or above the Temporary Skilled Migration Income Threshold (TSMIT).This is the income threshold that is set by the Department of Home Affairs. Currently, the TSMIT is set at $53,900.

We advise that employers check with their migration agents or immigration lawyer to ensure the structure of the remuneration package for their sponsored employee meets AMSR requirements. Having too much of a non-monetary component as remuneration may result in the AMSR not being met.

6) Skills Assessments and Work Experience Requirements

Currently, a specified list of occupation and country of passport pairing are required to provide skills assessments for the TSS visa application. The list required to do skills assessments is mainly for trade related occupations plus for the occupation of program and project coordinator. The Department has not made any steps to extend this requirement so far. When the skills assessments are made compulsory (due to holding a specified passport when applying for a specified occupation), applicants will need to make sure they have enough time to complete the skills assessments before visa application is lodged, otherwise different options may need to be considered.

There is a new work experience requirements for the TSS 482 visa.

• TSS visa applicants will now need to demonstrate 2 years of relevant work experience before they can apply. 

This is a major change from the previous 457 visa requirements. Many international graduates may not have the 2 years of full-time and relevant work experience to apply for the TSS visa. This has been a major barrier to international graduates in Australia being able to seek employer sponsorship.

7) Providing Complete Documents

To avoid refusal of any application stage, it is important that all necessary documents are attached to your application. Furthermore, there have been cases where applications are refused due to only one or two documents missing from the employer or applicant. After the application is submitted, applicants may not be requested to provide further documents, especially for nomination applications, so it is advisable that all documents be attached to the online applications at the time of submission.

8) School Fees and Giving Birth in Australia

TSS visa holders need to be aware there if you have school age children enrolled in public schools, additional school fees may apply. For example in the state of South Australia, TSS 482 visa holders are expected to pay a levy for each child in school, which can amount to:

• Approximately $5900 per primary student per year
• Approximately $7000 per secondary student per year

Also, many temporary work visa holders are unaware that your health insurance coverage may not cover delivery or birth of newborn children in Australia. If you give birth to a baby in Australia while holding a TSS 482 visa, you may have to pay medical fees applicable to a foreign visitor, which will be a high amount.

9) Alternatives to The 482 Visa

If your Occupation is not on the list or you do not have the experience:

• Labour Agreement –The Labour agreement process is usually extended and would require professional assistance.
• Other temporary work visas such as the 407 training visa or 400 specialist temporary activity visas might be considered.
• Partner visa - might be an option if you have an Australian Partner.
• Or the Student visa – to increase your skills, as Australian has world class education providers

This is not the full range of options, but just some of the most common.

10) Pathway to Australian Permanent Residency (PR)

Permanent Australian residency is only available for the medium-term stream and not the short-term stream. For Medium-term Stream Visa:

• The pathway will be through the temporary transition ENS 186 (or RSMS 187 Visa, in rare cases)
• After working with the approved Sponsor for three years, applicants can apply for a Permanent Visa

Previous holders of the 457 visa may still be able to access a two year pathway to permanent residency. Legacy 457 visa workers may also be able to access an age concession.

Do you need help with a Sponsorship or TSS visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications.

• If you are a holder of a 457 visa or intend to apply under the new rules, we can assist you.
• We assist businesses of all sizes that are looking to sponsor and nominate a visa applicant.
• Advise businesses how to meet the Labour Market Testing requirements.
• We advise visa applicants on their eligibility to make the 482 visa application or who are transitioning from a 457 or 482 to permanent migration.
• We assist permanent migration for eligible 457 visa holders through the ENS 186 visa pathway.
• Advise visa holders with responses to the Department meeting the 8607.
• Advise visa holders with responses to ‘Notices of Intention to Cancel’.
• Advise Employers of their ongoing sponsorship obligations.
• Assist employer with application for accredited sponsorship.

If you are a potential visa applicant, please book a consultation to discuss your visa options. We are experienced in all types of Employer Sponsored visas.

Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

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.

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.

Two years of international border closures that locked out migrants and led to labour and skills shortages across the economy makes it difficult to fathom Home Affairs Minister Clare O’Neil’s decision to cull 27 jobs from the list of occupations eligible to receive a priority skilled visa to work in Australia.

Amid the hacking of Optus, Australia is now shaking up to find highly skilled people in Cyber security and IT field and sending them to the back of the queue.

As clearly seen, during covid-19, where every single work had been shifted to online platforms and the wave of migrants and international students running out of the country, the needs of highly skilled and talented people have been raised significantly.

That opened up a new popular Global Talent Visa program, a fast tracked permanent residency of Australia pathway for skilled migrants who are recognized internationally with projects and researches.

Up until today, there have been many ups and downs regarding the popularity of the Global Talent Visa program.

Watch out latest Australian Immigration Updates video in DECEMBER 2022 here >>

October and November has received a lot of good news and negative news from Skilled Migration Program and Business Innovation and Investment Program (BIIP) in Australia.

Apart from the outcomes of the Skills Summit in September which have been announced recently, there is more news from the skill select results and state nomination updates especially in NSW.

The biggest update could be the publishment of the Migration Allocation Budget where we saw a cut in Global Talent Visa, but a significant increase in Business and Investment Visa 188 or in Employer sponsorship and Parent Visa.

Skills Select results - Visa 189 and 491 Invitation round October 2022

The 6 October had seen another massive round.  There were 11,714 visa 189 invitations which is the highest number even for the last 2 years in such a round.

There were invitations for onshore applicants in this round, but still a higher level for OFFSHORE INVITATIONS overall. 

We can see that the government is now focusing on offshore migrants to help address the skills shortages.

There are 818 Family Sponsored 491 visa invitations, which is nearly double up from 466.

I would expect the occupations to broaden in each round. As we can see clearly, medical and health related occupations are still covering most invitations of the 189 visa. Other occupations have been invited are engineer professionals (Civil engineer, chemical engineer, electrical engineer...), trade occupations and Early Childhoood / Secondary Teacher.

It is very difficult and time consuming to get the relevant registrations and skills assessments for medical occupations.  So the number of EOI in the systems for those occupations are likely to have largely cleaned out.

The positive thing is that, the minimum point for most occupations (around 80-90%) are 65.

The focus on offshore is raising many concerns for overseas passport holders in Australia.

Should they go offshore to increase their chances of securing an invitation? 

My answer is NO.

The offshore focus, if it continues, could endanger the international education industry in Australia.  A strong factor in choosing to study in Australia is having a path to migrate. 

So the Australian Government should think carefully about the value of international students to Australia, including their contribution to filling job vacancies. There needs to be balance and including inviting more onshore applicants.

One more concern is about the visa 189 Australia does not have restriction on where visa holders have to live and work. This could bring skilled migrants to come to metro areas such as Melbourne, Sydney and Brisbane and the skills shortages in regional areas will be more severe.

After all, this is really a good news for skilled migrants onshore and offshore.

They now have more options to choose from and to plan ahead for Australian PR.

Especially for those who are still looking for options, we highly recommend watching video below for How To Get PR in Australia and the best 8 Courses to study for PR in Australia.

Subscribe to our YouTube channel for the latest updates on Australian Immigration.

Migration Allocations Up for Skilled Visa 189/491/190

In the last announcement on Federal Government budget for the Migration Australia, Prime Minister Anthony Albanese has poured a significant funds into the program.

An additional $576 million for over 4 years to the Department of Home Affairs for activities including visa processing, offshore processing costs and supporting refugees.

The allocations for skilled visas 189/491/190 have been changed from the 26 October 2022.

The skilled independent visa 189 allocations have been upped again. Last year they were 6,500, now they are 32,000.

Plus other state nominated visas are also up. Remarkable growth for regional visas which are now up to 34,000 places and State Nominated Visa 190 (PR) is risen to 31,000 allocations.

The total number of skilled visas available as part of the program increase significantly from 79,600 to 142,400 in this financial year 2023.

So this means those wanting to migrate, it is time to get your nominated occupation skills assessment and English result. 

Employer sponsored permanent visas are up from 22,000 to 35,000. Which also sounds great !

For all the allocation news, see our Breaking News video below

Business visa News

The interim allocation in August for the Business and Innovation and Investor visa 188 was just over eight hundred (800).

Now two months later, state and territories are closing their programs, having exhausted their state quotas for this specific stream.

Recently the new allocation levels of 5000 business visas to 30 June 2023 has been announced. However, with the current crisis in the business and investment visa program, this number can be filled quickly.

The future of business visas and particulary the Significant Investor Visa is still in doubt with the rumours aroud the minister's talk in September.

NSW skilled occupation list

The publication of the NSW skilled occupation list has provided some insight for applicants. 

For the 190 visa NSW, some occupations have low point scores, such as 65 for Registered Nurses and trades such as Roof Tilers.  

But other occupations are impossibly high and send the clear message, look for greener pastures.

For the 190 Visa in NSW for Accountants are 110 points, ICT Business and Sytems analyst  are 100 points

Having these scores published is helpful for those wanting to apply.

Parent Visas

Welcome news with the publication of updated allocation numbers from 26 October. 

The number of parent visas has gone from 4500 to 8500.  This will lead to a lowering of processing times for the parent visas. 

For example, the estimates for the Contributory Parent Visa 143 had gone out to over ten years, with a backlog of over 50,000. 

So this will be lower with more visa grants per year.

Student visa holders

Unrestricted work rights for international students who hold student visa subclass 500 will end on 30 June 2023. The restriction of 40 hours a fortnight will then apply.

This may be challenging for some international students to adjust to.  But overall, the pressure to work full time can also be detrimental to the ability to study.

This is a right decision for International students since their tuition fee is comparatively higher than the money they are able to earn. 

That will also affect their future and their capability to fill in high skills shortgages.

Working Holidary Visa

There has been a 30% incresase in the cap for working holiday visas. This will be welcoming for all those planning a backpacking and working holdiday in Australia.

With the high interest from young people around the world, this will still be filled quickly as soon as it opens for some Asian countries.

Please check carefully with our specialists to know more about the program opening round to be able to secure a working holiday visa.

Sensible reforms - Health examination waived for onshore applicants

A relaxation on the need for medicals has been announced for temporary visa applicants already in Australia. This will help reduce waiting times for medicals and save money for applicants and the government. But there are some categories, such as those working in medical settings, that will still need medicals.

More sensible reforms along these lines are welcome.

Global Talent Visa Australia Updates

The negative news is still going for Global Talent Visa.

The allocations had been cut from 8448 down to 5000 for the year ending 30 June 2022.

See our separate video to be posted soon, to consider the implications and future for the GTV. 

Migration Institute Australia National Conference

I have recently returned from the Migration Institute of Australia (MIA) National Conference, which was held in Hobart, Tasmania.
Opened by the Hon Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs.

Minister Giles set the tone for a renewed immigration program focussed on nation building and multiculturalism.

Paul Denman, Senior Director for the Immigration Program spoke about the practical considerations of clearing the visa backlog.

Brendan Coates presented the Grattan Institutes perspective on the best way to measure migrations perspective being through the income generated by migrants. 

Under such a model high paid migrants are to be favoured over filling skills shortages and business visas such the SIV visa.

Enda Stankard and Andrew Martin from MA Financial Group outlined the contributions made to Australia by the Significant Investor Visa (SIV).
At the Gala Dinner and Awards night the MIA celebtrated 35 Year leading the Australian migration industry.

Craig Foster gave an inspiring speech about his in successfully advocating Australian refugee Hakeem to be released from a Thai jail and to avoid extradition to Bahrain. His continuing to work includes #RacismNotWelcome and #PayUpFIFA

Congratulations to all the Award winners including Craig Foster for his Distinguished Service to Immigration in Australia. John Hourigan was awarded Life Membership in recognition of his many years of contributing to the MIA,.  

Thanks to the voluntary efforts of the Leadership of National president Julie Williams and Vice President Constantine Paxinos, to all MIA Board members and CEO Peter Vymys and all committed staff at the national office.