The Genuine Temporary Entrant (GTE) is a requirement almost all migrants will have to pass in the process of immigrating to Australia. Failing the GTE requirement can result in a devastating visa refusal. Here is what you need to know about the GTE criteria so you don’t receive a visa refusal notification.

1. What Is The GTE?
2. How To Meet The GTE Criterion?
   1. What Factors Do The DoHA Look At? 
   2. Your Immigration History? 
   3. If You Are A Student
   4. Supporting Your Claims
3. Does Every Visa Have The GTE Criterion? 

What Is The GTE?

GTE is short for Genuine Temporary Entrant. Based on the documents provided by the applicant, the Department of Home Affairs (DHA) will determine whether the applicant has a true purpose of temporary stay and the intention to stay in Australia for the time being. 

The DHA will consider the applicant's background in their home country, the immigration history, the incentive to stay in Australia or return home. If you do receive a GTE visa refusal you may have the option to appeal and review the decision.

How to Meet GTE Criterion?

What Factors Do the DoHA Look At?

DoHA looks at factors which might make you wish to not return to your home country:

• Political or civil unrest
• Military service commitments
• Your financial circumstances in your home country

The DoHA will also look at factors which would encourage you to return home such as, if you have a job back home, and have approved study leave. Another example would be if you have a business or personal assets in your home country, or close family members this may also be considered.

Your Immigration History

DoHA checks your immigration history as well:

• If you have spent a long time in Australia, DoHA may consider that you are seeking to extend your stay in Australia and work here.

• If you have had previous visa refusals/cancellations

• Any previous issues with visa compliance - for example not completing studies on previous student visas, working in excess of work conditions, overstaying your visa

If You Are A Student

Some visas may require more information, take Student visa subclass 500 for example. You will have to provide all the mandatory information but you may also need to explain how the proposed course will assist you in your future career.

If you are requested to provide how the course will assist you, it would be very helpful to:

• Relate the new course to what you have previously studied
• Relate the new course to what you are currently doing in your work
• Relate the new course to your career plan

In your explanation, try to answer the following questions:

• Why you chose Australia to study instead of in your home country?
• Why did you choose the courses?
• What is the value of your course to your future?
• What is your plan after graduation?

One of the more important categories DoHA will question you about is the value of the course to your future. DoHA will consider:

• if the course is consistent with your current level of education
• if the course is relevant to past or proposed future employment in your home country or a third country
• expected salary and other benefits in your home country or a third country with your qualifications from the proposed course

When drafting your GTE statements, it is important that you pay very close attention to all the requirements if you fall under one or more of these categories:

• Student visa applicants over 30 years old
• Applicants who have not completed their studies and need to transfer to another school
• Applicants who have applied for a degree lower than their highest academic level
• People who have applied for a student visa in Australia many times
• Applicants who are not related to the previous education situation

Supporting Your Claims

Evidence documents to support the facts you listed in your statement should be provided at the time of application as well.

For example, if the applicant mentions that his future goal is to return home and open a restaurant, he can explain it in his GTE and prepare a corresponding business plan for opening a restaurant. However, if an applicant only said in his GTE statement, “I applied because I like it very much.” Such claim is not convincing and will not meet the GTE requirements.

Below is a real example of a refusal that a client received before consulting with Work Visa Lawyers.

Please note that it is common for a case officer to call you and ask you questions about your reasons for study in Australia. You may not receive any notice of this, so it is very important that you are prepared to discuss your case.

 Does Every Visa Have the GTE Criterion?

In short, no, but the majority of visas do use GTE requirements. The GTE is important because it applies to all Visitor Visas and some of the Temporary Visas. To put this in perspective, the Australian Bureau of Statistics recorded 780,500 Visitor visa movements in September 2018. Keeping the same amount of movements per month, in a year there would be 9,366,000 Visitor Visa movements. This means that nearly 10 million people would have had to pass the GTE requirements.

Some of the most common Temporary Visas that have the GTE criterion are:

• Student visa subclass 500  Recently released migration system review report has suggested that the GTE criteria for Student visa subclass 500 applications be replaced with something called Genuine student test, which will be focused on assessing whether the student has genuine studying intentions as compared to GTE where focus is on assessing whether the student is coming to Australia on a temporary basis and will not live here permanently.
• Visitor visa subclass 600
• Temporary work visa subclass 400
• Temporary Activity​ subclass 408
• ​Training subclass 407
• Work and Holiday visa subclass 462
• Working holiday subclass 417
• Medical treatment subclass 602
• Short-term stream subclass 482

It is important to remember that the GTE is often not the only criteria you will have to meet. For example, the Short-term stream subclass 482 which replaced the popular subclass 457 recently, has many requirements including IELTS and other skills assessments.

It is also important to show a range of documents to demonstrate an incentive to return home.
These could include:
- Employment to return to in home country.
- Close family ties and responsibilities in the home country - for example, if you are married and your partner is staying in home country during the visit, this is a positive GTE factor.
- Ownership of property or businesses in home country

Do you need help with an Australian visa application?

Lawyers and Registered Migration Agents from Work Visa Lawyers have rich experience in drafting GTE statements. If you need any assistance, please feel free to contact our team.

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications, including state sponsorship applications. 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 Migration Review Tribunal, Judicial Review and Ministerial Intervention.

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

(08) 8351 9956

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

Sources

http://www.abs.gov.au/ausstats/[email protected]/mf/3401.0/

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-590/genuine-temporary-entrant

https://www.workvisalawyers.com.au/news/all/australian-visa-refusal-notification-options-for-the-appeal-review-process-tribunal-ministerial-review.html

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-500

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/visitor-600

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-work-400

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-activity-408

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/training-407

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/work-holiday-462

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/work-holiday-417

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-skill-shortage-482

https://www.workvisalawyers.com.au/news/all/top-10-facts-you-need-to-know-about-the-new-482-visa-1.html#Skills

https://www.workvisalawyers.com.au/news/all/ielts-now-offering-computer-delivered-english-tests-for-visa-applicants-in-australia.html

https://www.workvisalawyers.com.au/news/all/skills-assessments-occupation-lists-for-australian-tss-482-and-employer-sponsored-permanent-resident-visas.html

I've recently started a separate business called Australia Study Team which assist students with choosing their courses and enrolments and student visas.

Australian Study Team has a YouTube channel which you can subscribe too to get information about Australian education providers, student visas and settlement support.

Please watch the video below about the latest Australian immigration news for June 2023.

Skill Select Round Results.

The skill selects results for the round of the 25th of May 2023 are now available. Skilled independent Visas 189 7353 invitations. Skilled Regional Provisional Family sponsored 491 74 invitations.

This last invitation round for the migration year is very narrowly focused on occupations given priority and direction 100, which is health and teaching. Most occupations got invited at 65 points while this was a rather modest invitation round.

There's no need to be too disappointed because there'll be plenty of allocations available when the new migration program opens up from the 1st of July 2023.

TSMIT increase from the 1st of July 2023.

Many questions about the increase in the TSMIT were raised after the Immigration Department announced the rise from the 1st of July 2023. The TSMIT will increase from 53,900 to 70000.

New nomination applications from this date will need to meet the new requirement of 70,000 or the annual market salary, whichever is higher. This change will not affect existing visa holders and approved nominations lodged before the 1st of July 2023.

The new Aged care Industry Labor agreement will also not be affected.

The migration program levels were recently announced. The total is at 190,000 for the year.

This is a high level with most categories of visa being as high as they were or similar to last year, including the 189, the 190, the 491 and the employer sponsored visas.

See our separate video on the planning levels for 2024 and for specific comments on the global talent visa and the SIV visa.

SA Skilled and Business Migration Closure.

On Thursday the 8th of June 2023, at 4 p.m., the following programs will be closed. General skilled migration Direct applications for nine one, two and 190. And Business Innovation and Investment program. The one A Those South Australian programs will open up again sometime after the 1st of July 2023.

Parent Visas

The current system has led to an exceptionally high level of demand for places resulting in a backlog of visa applications.

Parent visa applications are facing waiting times of up to 30 to 50 years. Contributory parent visas are more like 15 years. The Migration Review Final Report proposed a lottery system.

A lottery approach has been considered as a potentially effective option for avoiding further backlogs and managing the huge demand for the permanent parent visa program.

The review recognizes that Canada and New Zealand have put forward lottery systems to help them manage their parent visa approach.

We are making a separate video on the parent visa situation. And please look at that video for further details.

Freedom of Information Result for the Occupation of accountants.

The number of skilled independent subclass 189 and state territory nominated 190 visas granted to general accountant and external auditor from the 1st of July 2022 to the 13th of February 2023.

So here are the grant numbers. The 189 skilled independent Visa Accountant General, 69 Grants External Auditor 23 grants, the 190 skilled nominated Accountant General 566 grants. External Auditor 56 grants.

So for all of those aspiring applicants in terms of accounting related occupations, the take home news that I get from this is that overwhelmingly your best chance of getting a skilled visa is through the state nominated 190 where there's over 600 visas being granted during that time compared to less than 92 for the 189 in the same period.

Changes to prevent migrant worker exploitation with new protections announced.

The Minister of Immigration, Citizenship and Multicultural Affairs, Andrew Giles, committed today to introducing three important protections for migrant workers.

Firstly, protection against visa cancellation, especially for those that may be suffering exploitation.

Secondly, flexible visa requirements for future sponsorship visas. This would involve extending the allowable time between employer sponsorships from the current 60 or 90 days to 180 days or half a year.

Thirdly, a short-term visa to bring claims for wages that are owed and hold exploitative employers to account that would recommend action is actually something which we put forward and I'm sure many other people put forward to the Migration Review.

Well, I think we called a vulnerable persons visa, but the idea is some people who have been exploited need the opportunity to apply for another visa to help them get out of that situation.

An additional 50 million will be provided to the Australian Border Force to help enforce the new laws. Government to attract health workers. In essay with financial incentives of up to $15,000. Hundreds of more professionals, including nurses, midwives, doctors and mental health professionals, have been encouraged to move to South Australia under the Government's new support system, which promotes competitive pay and career opportunities in South Australia.

As well as promising a great lifestyle.

Initially targeting workers from interstate and New Zealand as well as from the UK, the government campaign offers a better place to live and work in South Australia.

Successful applicants who sign contracts with SA health this year will be eligible for financial reimbursements of up to $15,000.

India and Australia announce a migration deal.

The announcement came after the Indian Prime Minister Narendra Modi met his counterpart, Anthony Albanese, in Sydney. The deal aimed to promote the two-way mobility of students, graduates, academic research and businesspeople. They also discussed regional security amid rising tensions in the region.

How can Work Visa Lawyers help?

Work Visa Lawyers is highly experienced in all parts of the visa application process. We are able to assist with all aspects of the application, and can also provide advice in relation to:

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Global Talent EOI, visa application or appeal.

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.

This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent (like Work Visa Lawyers) to form an informed opinion on your immigration matter.

he Australian Immigration Planning Levels have just been released.

This give everyone a clear guidance on the visas where there are opportunites in 2024.

So it really is the case of the same high level of opportunity than in 2023.

In the GSM space, points based 189 190 and 491, this means get ready with skills assessment and English and EOI done.

Because you need an EOI in it to win it.

Some things to consider – the mega round of 189 really cleared out the applcants and brought the points down.  With another 30,000 189s, then still plenty of offshore opportunity.

The Global talent and Distinguished talents the same.

The Business visas, with only 1900 spots may go fast,  Expect the states to get fussy.

With the planning levels set, then the action might start pretty fast after 1 July 2023

The Migration System Final Report for 2023 has put forth a series of recommendations that could potentially bring about noteworthy modifications to the employer-sponsored migration program in Australia, with potential ramifications for the Temporary Skill Shortage (TSS) visa program. Among the key proposals outlined in the report, several significant changes have been suggested.

This article highlights the main recommendations and their potential impact on the TSS visa program:

• TSMIT up to $70,000: The report suggests increasing the Temporary Skilled Migration Income Threshold (TSMIT) up to $70,000. TSMIT is currently set at $53,900 and is the minimum salary that must be paid to skilled overseas workers under the TSS visa program. The government acknowledges it will exclude approximately 30% of the current users of the TSS program with this change, and a primary purpose for the change is to promote.

• Possible removal of LMT requirements: The report proposes removing the requirement for employers to undertake labor market testing (LMT) before sponsoring a worker under the TSS visa program. LMT requires employers to advertise job vacancies locally before offering them to overseas workers.

• Possible removal of occupation lists: The report suggests removing the occupation lists that currently restrict which occupations can be sponsored under the TSS visa program. This would give employers more freedom to sponsor workers in any occupation where there is a skills shortage.

• Greater freedom of movement between employers: The report proposes giving sponsored workers greater freedom to move between employers. Currently, sponsored workers can only work for the sponsoring employer and there are barriers to changing employers, which makes certain workers more vulnerable to exploitation. It is unclear what parameters would be changed to make moving employers easier for applicants, and we will need to wait for more detail on this from the Government. Changes that make it too easy to change employers could lead to Australian businesses being out of pocket for going through lengthy and expensive sponsorship processes for workers who might not work long enough to justify the expenses.

• SAF change to monthly payment instead of upfront: The report suggests changing the Skilling Australians Fund (SAF) payment structure to monthly payments instead of the current upfront payment. SAF is a levy that employers must pay when sponsoring a worker under the TSS visa program, which is used to fund training for Australian workers. This change would assist a common problem with the nomination process: the upfront cost is too high. It would also reduce the loss should an employee move on to a new employer in Australia or return home. However, regular payment could lead to greater business administration in ensuring the payments are delivered on time and more government work in assuring payments are being made. Some businesses may still choose to pay upfront if the option remains.

• If these proposals are implemented, they could significantly impact the TSS visa program and employer-sponsored migration in Australia. The proposed changes could make it easier for employers to sponsor workers, increase flexibility for sponsored workers, and help to address skills shortages in the Australian labour market. However, it is important to note that these proposals are not yet final and will need to be considered by the government before any changes are made.

In conclusion, the Migration System Final Report for 2023 has proposed several changes to the employer-sponsored migration program, including the Temporary Skill Shortage (TSS) visa program. These proposals aim to increase flexibility for employers and sponsored workers, simplify the visa application process, and better address skills shortages in the Australian labour market. However, it is important to note that these proposals are still subject to government consideration and may be subject to change. If implemented, the proposed changes could significantly impact the Australian migration system and the Australian economy essential for businesses and individuals who rely on the employer-sponsored migration program to stay up to date with any changes that may be implemented in the future. For now, many of these changes are broad concepts and it may be some time before the Department announces further detail on how such changes might work.

If you are looking to apply for an employer-sponsored visa or sponsor a worker for a visa, you can book a consultation to discuss your visa options. We are experienced in all types of Employers Sponsored visas.

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

How can Work Visa Lawyers help?

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

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.

This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent (like Work Visa Lawyers) to form an informed opinion on your immigration matter.

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.

Since the Federal Labor government came into power in May 2022, there had been a number of concerns raised in relation to the future of the Global Talent Visa (subclass 858). However, based on the recently released Review of the Migration System and the speech of the Minister for Home Affairs, the Hon Claire O’ Neil MP, it seems that the Global Talent Visa still has a place in Australia’s migration system and the this visa still has a bright future.

The concerns about the future of the Global Talent Visa came about when the Australian government significantly decreased the allocations for this visa from 15,000 places to just 5,000 places. The visa also got de-prioritised and the Global Talent Attraction Officers’ roles had been changed which resulted to the significant slowing down of the processing of the Global Talent visa Expressions of Interest (EOIs) and of the visa applications. Before this visa got de-prioritised, some EOIs was being processed in about 2 days to about 1 month and the visa granted within a month (or less) depending on the health and character checks.  It now takes 4-6 months for prioritized EOIs to get a response and about 7 months for Global Talent Visa applications to be decided.

Some even feared that the Global Talent visa will be abolished because of the perceived government attitude towards the Global Talent Visa and their preference for employer sponsored visas, independent skilled and regional visas.

However, based on the report and the Minister’s speech, the Global Talent Visa will still be a good option for those high-performing, specialized highly skilled, highly paid professionals who have the skills, talents and innovative spirit that Australia wants and needs to create jobs, help the economy, raise Australia’s technical and academic standards, and its competitiveness in the global market and contribute to Australia’s growth.

Get to know more:

• Government Updates

• Number of allocations 2022/2023

• What is the Global Talent Visa in Australia?

• Target sectors for the Global Talent Visa

How can Work Visa Lawyers help?

If you are interested in the Global Talent Visa or needs help with this visa, Work Visa Lawyers can assist you.

Work Visa Lawyers is highly experienced in all parts of the Global Talent visa application process. We are able to assist with all aspects of the application, and can also provide advice in relation to:

• your eligibility for a Global Talent Visa
• documents to demonstrate your skills and ability to attract the FWHIT salary

Work Visa Lawyers will provide an eligibility assessment before advising you to proceed with a visa application.

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Global Talent EOI, visa application or appeal.

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.

This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent (like Work Visa Lawyers) to form an informed opinion on your immigration matter.

In the last year there's been significant negative press and uncertainty about the Global Talent visa and the significant investor visa. The significant investor visa or SIV is a visa that requires a $5 million investment into a complying investment fund.

There was a statement from Minister of Home Affairs Claire O'Neill in 2020 to casting doubt into the future of the investment visa.

The Global Talent isa is a visa stream of the 858, which requires applicants to have expertise in a relevant sector and to have a salary above the Fair Work high income threshold.

There were articles criticizing the integrity of the global talent visa in 2022, so it's a little surprising that there are some positive comments about both in the review.

This is what the review says about the significant investor visa recommendation number eight.

Reconsider the size and role of the Business Innovation and Investment program, noting more positive outcomes from the significant investor visa. Based on this, I would expect a lower overall allocation for the 188. Perhaps even a closing of the 188A or business innovation stream.

But for the significant investor visa to survive and receive allocations.

Recommendation ten.

Consider changes to the existing global talent visa to improve the clarity in the selection criteria and remove the need for a nominator.

Based on this, there may be more specific criteria added to the Global Talent Visa.

The current nomination process is likely to be cut. Changing the nomination process is a good idea. Nomination often proved to be a barrier to applicants that did not personally know an Australian citizen or PR holder. The report makes 31 references to highly skilled migrants. While global talent is not the only way to secure highly skilled migrants. I feel stuck in the global talent visa has risen.

Another way to secure highly skilled migrants is through the points system.

The report looks to refine the points system to better target highly skilled migrants.

So where to from here?

A new migration program year begins very soon. From the 1st of July 2023. There is not enough time to make large legislative and regulatory changes before the 1st of July 2023. What's more likely is that the current visa categories will be managed with different allocation levels.

This will give more time for substantial changes in 2024

So that's the report on the future of the global talent visa and the significant investor visa.

Do you want to know more?

• Business/Investment Migration | Business Visas
• Global Talent Visa

Do you need help?

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

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

887 Visa Updates - Improve time process.

There are more than ten thousand applications made for Visa 887 (Pathway to PR from Skilled Visa 489) from 1 July 2021 to 30 November 2022.

With the current report, there are less than 3000 visa grants between July 2021 and November 2022.

Recently, Department of Home Affairs has made a great progress in deciding the 887 applications. Most applicants who lodged their 887 visa applications by October 2021 have got their visas or been contacted by a Case Officer.

Granting PR to people that have been living and working in Australia endorses the pathway from Provisional Visa to Permanent Visa is effective.

It brings confidence to skilled migrants to consider a Provisional Visa when a Permanent Visa is not available to them.

Processing more permanent visa for regional migrants can encourage they move from metro areas to regional locations.

To apply for an 887 the visa holder must have held a 489 visa (Which is replaced by 491 Visa now) to live in a regional area for 2 years and work full-time for at least one year.

To apply for a 191 the visa holder must have held a 491 visa to live in a regional area for 3 years and have more than $53,900 taxable income for three financial years. The 191 visa application was open in November 2022.  

We do hope that they will grant more permanent visas for regional Australia and for Australia’s reputation, as Australia is facing severe skills shortages in regional areas.

Watch the video now:

Please find below the most asked questions about 887 Visa:

• Who needs the 887 visa?

• What are the requirements?

• What is the application process?

How can Work Visa Lawyers help?

Work Visa Lawyers is highly experienced in all parts of the General Skilled Migration visa application process.

Work Visa Lawyers will provide an eligibility assessment before advising you to proceed with a visa application.

We aim to put forward a decision-ready application, including all necessary supporting documents. Before lodgement, we perform all the required checks on your supporting documents to ensure that you meet the requirements.

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

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

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

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

Follow us on Tik Tok for short videos.

Migration Review

There was an overall theme of the drastic need for reforming the immigration system with a focus on delivering what Australia needs going into the future. There are some big changes to the following things.

Here are some of the big changes. The TSMA will go up from the 1st of July 2023, currently set at 53 900, it will go up to 70,000.

This will affect visas such as the 482 and four nine for skilled temporary workers will have a pathway to permanent residency at the end of 2023.

It sounds like the Federal Government will be addressing the 42 visa holders on short term or regional lists. Reforming the list. There are recommendations about the current list being out of date and too complicated.

Points System Reform

While there are some anti list statements in the report, it seems unlikely that the list will be totally removed to encourage highly skilled and younger applicants with better English.

International Education

There were also doubts expressed about regional points international education. There are a number of comments in relation to international education and the need for greater integrity and for the system to be focused on the highly talented.

It is recommended that the genuine temporary entrance criteria be replaced with a genuine student criteria.

Maybe not, as the 457 was previously abolished and then the 482 was created and that was nearly identical to the 457.

So we might have the same thing happening again. Another change will be an automatic graduate visa for students, business and investor visas.

Business and Investor Visas (Global Talent Visa)

The Minister indicated that this area will be reformed to effectively target highly skilled people. There will be a renewed focus on identifying highly talented migrants.

Minister Clare O'Neill said that the department will have an focus on going out and finding highly talented migrants rather than sitting back and waiting. There were a number of positive comments about the significant investor visa, but there was some negative comments about the limited financial contribution and age profile of business innovation, visa holders, global talent.

It sounds like the global talent visa will survive, but there may be changes to the nominator.

Parent Visa Lottery

The Parent Visa, a Canadian style parent visa lottery, is proposed.

We will be making a series of videos covering different areas of migration law in detail, including points based visas, family, student, business and investor visas.

So we will do a detailed analysis of the review for all these areas and you can expect them in the next few weeks.

Australian Citizenship for NZ

Recently, Minister O'Neill announced that New Zealand citizens will be eligible directly for Australian citizenship from the 1st of July 2023. New Zealand citizens who are long term residents of Australia, will be able to apply for Australian citizenship without first having to obtain a permanent visa. New Zealand citizens in Australia will be able to apply for citizenship after four years of residence in Australia without having to obtain a permanent visa first.

This will be viewed favourably by many New Zealand citizens. There's further positive news. Children of New Zealand citizens born in Australia will go straight to Australian citizenship from the 1st of July 2023.

Any child born in Australia on or after the 1st of July 2022 on a special category for four or four visa, may at birth automatically acquire Australian citizenship.

Please note the changes effectively backdate the eligibility to the 1st of July 2022.

Student Visa and Courses

Moving on to student visas and courses for those looking to study in Australia with a course that provides a strong career focus. The Adelaide Institute of Hospitality is offering a course starting in August. The course is for the occupation of the chef. A chef is eligible for graduate visas and are on the medium term list with a path to PR.

If you're interested, please contact us.

Migration QLD Priority Processing

 Migration. Queensland has created a system for priority processing. Migration. Queensland says that this is due to the increased competition from 189 visas. The Federal Government has been inviting the system allows for registration for priority for both onshore and offshore applicants. Onshore applicants will need to be living and working in Queensland for the required amount of time.

Offshore applicants must meet the Queensland requirements, including having at least 80 points for the 190 and having at least three years of post-study work experience. This is the most frequent question that I'm getting at the moment from onshore applicants.

Will the COVID visa for Joy be available after the 1st of July 2023?

The answer is that the Department of Home Affairs has not clarified whether the COVID visa will be available.

However, there has not been any statement to say that the COVID visa will not be available. My view is that the COVID visa is providing such an important link for Australian employment that the COVID visa will be in place after the 1st of July and that it's going to continue for at least the next six months or longer.

Preparing for the migration year.

We're approaching the end of the migration year, which finishes on the 30th of June. A new migration year with new quotas is available from the 1st of July. Of course, all the states don't necessarily open on the 1st of July to prepare for the new migration year. You might want to consider getting your English testing done and applying for a skills assessment on the relevant occupation list.

That way you'll be in a good position to apply for a visa.

That's the end of today's video for the News in May 2023.

We look forward to bringing you more positive news.

We welcome any comments below and please click like and subscribe. Look out for our tiktoks in the next month.

Positives and negatives/ conditions and requirements

Negative aspects, No longer till PR!

People are often concerned about the length of time that it takes to get to PR for a 491.
Realistically, with the processing time for the 491 at 10, the further processing time for a 1913 years later, in total, it’s likely to take at least four years until you holding PR.
Buying property - more costs
You can buy property holding a 491 Visa, but you will have to ask for foreign investmen review board approval approval (FIRB).  And it is relatively easy to get FIRB approval for a primary residence. There is also extra stamp duty when buying a house as a temporary resident.

Positives of going for a 491:

Being able to work full time and for 8 am player and in multiple roles on a 491 is a major benefit.
If your Australian Visa is running out van for no one is an often a good option.
Other options to stay in Australia, may have negatives. For example, going for a student Visa involves the risk of refusal due to GTE,
Includes the cost of paying for the course and also will lead to limited work hours of 48 a fortnight. 
Employer-sponsored visas, such as the 482  you can only have one employer, and one type of occupation. The flexibility of a 491 for work purposes, maybe more attractive.

Click here to check the 491 Visa State & Territory Nomination Availability

The Skilled Work Regional (Provisional) visa, subclass 491, is a provisional visa that has a pathway to permanent residency. 

How can I get PR after the 491 visa?

The 491 visa is valid for 5 years.

You will be eligible to apply for the PR visa – Permanent Residence (Skilled Regional) visa, subclass 191, when you have

• held the 491 visa for 3 years, and
• complied with the conditions, and
• had a taxable income at or above TSMIT for at least 3 financial years.

 For more information, please visit our blog: 191 Visa - 491 to 191 PR Visa

What are the 491 visa conditions?

8579 - Must live/work/study in a designated regional area

This condition means that, while in Australia, you must live, work and study only in a part of Australia

A full list of designated regional areas is available on the Department of Home Affairs’ website immi.homeaffairs.gov.au/what-we-do/regional-migration/eligible-regional-areas

As this list may change from time to time, you should keep a copy of this information at the time relevant to your visa.

8580 - Must provide evidence of addresses

This condition means that, if requested, you must provide the Department of Home Affairs with evidence of any of the following within 28 days:

• your residential address
• the address of your employer/s
• the address where your job is located
• the address of your educational institution.

The request will be sent to 491 holders randomly.

8581 - Must attend an interview

This condition means that you must attend an interview with the Department of Home Affairs if you are invited to do so in writing.

8578 - Must notify of certain changes

You will have to notify the Department if there is any change of your address, passport, email, etc.

Once I have applied for the 491 Visa can I also Apply for the 189 or 190 Visa?

If you have the 491 visa granted, the answer is no.

It’s not possible to apply for the 189/190 Visa in the first three years of holding a 491 visa. 

Please see below for more information:

Restrictions on applying for other permanent visas.

It is intended that holders of a regional provisional visa (Subclass 491 or 494 visa) who comply with the conditions of their visa, access permanent residence by applying for the Subclass 191 visa. Legislative requirements for other visa Subclasses have been amended to ensure this intention is achieved.

Subclass 491 visa holders are unable to:

• make a valid application for a Subclass 820(Partner) visa unless they have held the Subclass 491 visa for three years;
• unless circumstances specified in a legislative instrument exist (at the date of publication of this document no circumstances were specified), be granted one of the following visas until they have held the Subclass 491visa for three years:
  • Subclass 132(Business Talent) visa
  • Subclass 186(Employer Nomination Scheme)
  • Subclass 188(Business Innovation and Investment (Provisional))
  • Subclass 189( Skilled (Independent)
  • Subclass 190(Skilled (Nominated)
  • Subclass 858(Distinguished Talent).

How to get a 491 visa?

1. Check eligibility against the points test.
2. Obtain positive skills assessment and required English test results
3. Submit an Expression of Interest (EOI) through SkillSelect
4. Apply for State or Territory government nomination
5. Submit visa application within 60 days of receiving an Invitation to Apply (ITA) and include all supporting documents for the application

Do note that this is a simplified overview of the steps involved. Preparing and providing the right documents and information as required is an important factor in ensuring your application is processed smoothly.

What is the benefit of 491 visa?

More occupations available for 491 Visa Australia

For 189 Skilled Independent Visa, you must work in an occupation that is listed in the Medium and Long term strategic skilled list (MLTSSL).

190 visa applicants can access both MLTSSL and Short term skilled occupation list (STSOL).

491 visa applicants can get access to larger skilled occupation list which includes the above two plus occupations in Regional Occupation List (ROL).

491 visa holders are eligible to apply for Medicare Australia

Although 491 visa is only a temporary 5 year working visa with a pathway to Permanent Residency 191 Visa, all applicants who have applied for the visa may be eligible for Medicare, which helps with the costs of seeing a doctor, getting medicines, and accessing other health services. Medicare does not cover all health-related expenses and limits of coverage do apply.

Visa holders should understand these limitations and assess their private health insurance options before arrival. Visit the Medicare website for further information.

The regional 491 Visa nomination requirement is much easier than the visa 190.

It is important that the Australian Government is trying to push skilled migrants to live and work in regional areas of Australia.

This makes the requirement for 491 nomination is a lot easier than 190 visa which people can get the 190 nomination by living and working in metro areas like Melbourne, Sydney or Brisbane.

So, those who cannot get 190 in metro areas they might have to move to regional areas to seek more permanent residency options in Australia.

491 visa NSW and 190 Visa NSW are quite straightforward.

Let's take 491 visa South Australia as an example: Chef in South Australia need 12 months of work experience to get 190 visa. However, they only need to work 3-6 months depending on the location to get 491 visa as a chef.

Lower EOI points required for 491 visa

Another good thing for 491 visa applicant is you only need to get 50 points on your own because state gives you 15 points as being nominated for 491 visa application.

There are still arguments about the 491 and the 190 visa. Each visa has its own benefits like the 190 visa and a direct Permanent residency while the 491 visa is only temporary and the waiting time to Australian PR could be up to 4  years or more (3 years maintaining the income threshold required and processing time for 191 Visa).

However, with someone who is struggling with NSW state nomination, Victoria State Nomination or QLD state nomination because they are living and working in Melbourne, Sydney or Brisbane, they might be interested in getting a 491 visa in the regional area of Australia.

Can I buy a house in Australia on a 491 visa?

Yes. Similar to other temporary visa holders, 491 visa holders are subject to Foreign Investment Review Board (FIRB) requirements.

For more information, please visit Purchasing a Property In Australia 2022 – For temporary and permanent residents

How can Work Visa Lawyers help?

Work Visa Lawyers is highly experienced in all parts of the General Skilled Migration (GSM) visa application process. We are able to assist with all aspects of the application, and can also advise on complications in relation to:

• skills assessments
• nominating the appropriate ANZSCO code
• state/territory nomination applications
• difficulties in obtaining documents to demonstrate work experience or family relationships
• upcoming deadlines which will affect your points total, such as age or expiring documents. We prepare your application efficiently to enable your visa application to be submitted as quickly as possible.

Work Visa Lawyers will provide an eligibility assessment before advising you to proceed with a visa application.

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

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

If you have any further questions or need a visa assistance please contact us 

The federal government's recent "closure" of the Australian Business, Investor and Entrepreneur Visas.
This news has been met with shock and disappointment from many potential applicants, innovation hubs and the business community.

What is the 188 visa?

The 188 visa is a type of visa for those who want to start or invest in a business in Australia.

There are four streams of the 188 visa including:

• The Business Innovation stream
• Investor stream
• Significant Investor stream
• Entrepreneur stream

What happened on December 8th, 2022?

The Migration Program Planning Levels for 2022-2023 were released.
Unfortunately, the Federal Government did not allocate any more places to the states and territories for the 188 visa.
In August 2022 states and territories were given a total of 810 allocations. Most of them have now run out.
This effectively closed 188 visas for this migration year until June 30th, 2023.

How did the news break?

What was the initial allocation plan for the 188 visas?

At the beginning of the 2022-2023 program year, the federal government had a planning level of 5,000 places for the Business Innovation and Investment visas.
The last planning level for the Business and Investment Visa was 13,500 places for the 2021-2022 program year.
This year, only 810 allocations were sent out to all states and territories, leaving almost 4,200 places unused.
There has been no official announcement on how the Australian government will be using these unused places.

Why did the Federal Government close the 188 visas?

• Creating jobs for Australians,
• Creating exports of Australian produce,
• Property developments and funds invested into Australia venture capital to drive innovation.

What are the alternatives for 188 visa applicants?

Potential applicants for the 188 visas may consider other visa options such as:

• The Global Talent Visa
• General Skilled Visa
•  Employer Sponsored Visa
• Family Visa such as the Partner Visa or Parent Visa.

The closure of the 188 visas is a significant development for the business community in Australia and will have far-reaching consequences.
It is a shame that the Federal Government has not made an official announcement about this closure and that it has been left to the states to communicate the news.
We will continue to monitor this situation and provide updates as they become available.
Thank you for watching, and we hope this video was informative.

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

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications, including Student Visa applications. Our areas of expertise include Student Visas, Skilled Migration visas, Business Skills Migration visas, Employer-Sponsored Work Visas, Partner, and other Family Migration visas, as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

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

Phone: +61 8 8351 9956
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