Employer Sponsored | Work Visa Lawyers

Employer-Sponsored 482 Visa Changes in 2024

2024-08-09T09:52:42+09:30

There have been a lot of changes announced and made to the Temporary Skill Shortage visa (TSS Visa), subclass 482, over the last few months.

What is the 482 Employer-Sponsored Visa?

The TSS 482 visa is the most common long-duration temporary work visa for Australia.

You can apply for the TSS visa if you are sponsored by a company to work in Australia.

With the 482 visa, you can live and work in Australia for up to 2 years for occupations on the short-term list or 4 years for occupations on the medium-term list. You can potentially apply for permanent residency after 2 years (186 Visa).

You can find the 482 visa requirements here.

If you are looking to apply for a 482 visa, please contact us.

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Key Changes to the 482 Visa:

Only 1 year work experience required to get the 482 visa from November 2024

From 23 November 2024, the 482 visa will only require 1 year of full-time work experience, which is half of the current requirement of 2 years full-time. This change was announced in the 2024-25 Budget.

The employment will still need to be full-time and "in the nominated occupation or a related field".

For some people who were looking at DAMA due to the lower skills requirements, this may now let them go for a medium-term stream or short-term stream 482 visa instead.

This is a good change, especially for those in Australia on graduate visas who are not able to complete 2-years of full-time experience in their occupation before they need a new visa to stay in Australia.

This is not about the number of years you need to spend on the 482 visa before you can apply for the 186 visa in the Temporary Residence Transition stream. I'll talk about that requirement in a minute.

New Skills in Demand visa program

As part of the Migration Strategy published 11 December 2023, the Government announced a new visa program: the Skills in Demand visa.

The Skills in Demand visa will replace the TSS 482 visa, which itself replaced the 457 visa, on 18 March 2018.

We do not know exactly when this new visa will be brought in, but the Strategy indicated that building "a targeted temporary skilled migration system" would be done by the end of 2024.

The program will have 3 distinct streams:

Specialist Skills for mostly white-collar workers earning more than $135,000
Core Skills for skills that are in high demand earning at least $73,150
Essential Skills for important skilled and semi-skilled roles, including those that may be earning under the $73,150 threshold, such as care jobs

This new Skills in Demand visa program and its 3 streams could make some positive changes, reducing red-tape for employers and providing a better visa and pathway to permanent residency for visa holders.

2-year pathway to PR instead of 3 years

Since 25 November 2023, the requirement for the 186 Temporary Residence Transition stream was reduced from 3 years down to 2 years. This means 1 less year needed to work on the 482 visa.

The time starts once your 482 is granted.

If you change employer, the time resets. With the new Skills in Demand visa, the Migration Strategy says it will not reset anymore.

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Changes to 482 visa work condition

From 1 July 2024, visa conditions for the 457, 482 and 494 visa have been adjusted to benefit visa holders.

This has increased the amount of time allowed after you cease working for your employer to 180 days. That’s roughly 6 months and is 3 times more than it was before.

Under the new rules, during the 180 days you are allowed to work other jobs to support yourself.

If you do not find a new nominator before the end of the 180 days, your visa may be cancelled.

This change allows 482 visa holders who have lost their employment to maintain a more stable situation in Australia while they search for a new nominator, as 60 days often isn't sufficient time to secure new sponsored work.

It also makes it safer for those who are being exploited and need to get away from a dangerous or exploitative sponsored work situation, as they will be able to leave and find other jobs.

New powers to crack down on worker exploitation

Since 1 July 2024, there have been new criminal and civil penalties brought in for those who make a migrant worker breach a work-related condition or force them to accept an exploitative work situation to meet a work condition.

The Government also made changes to ban employers who exploit migrants from being allowed to employ the in the future, and to be able to publish the names of the employers who are banned.

Conclusion

The Government is always changing visa requirements to meet their policy objectives.

The new Skills in Demand visa program will change the employer-sponsored program, and we do not have full details of what these changes will include.

If you are eligible now, it is generally better to proceed with your application rather than waiting to see what the Skills in Demand visa looks like. It may be too late once you find out there is a change that might mean you are not able to apply.

If you are looking for an employer to sponsor you, check out this video on YouTube where we share some tips on how to find a sponsor.

Do you need help with your visa application?

Our team of experienced Immigration Lawyers and Migration Agents is ready to assist you with your visa application.

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

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

Book an Appointment

Souces:

https://immi.homeaffairs.gov.au/what-we-do/migration-strategy

https://budget.gov.au/content/bp1/index.htm

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1213

Australian Immigration News July 2024 - New Financial Year

2024-07-12T14:53:25+09:30

The new financial year has brought significant changes to the Australian migration system. In this blog we will go through the main changes.

1. Visa Fee Increases

From 1 July 2024, most visa fees application increased by 2% to 4%, while student visa fees had a significant increase by 125%.

New Student Visa Fees:

Main applicant: From $710 to $1,600
Additional applicants over 18 years old: From $530 to $1,190
Dependents under 18 years old: From $175 to $390.

This increase will affect many planning to study in Australia. The current application fee for all types of visas are available on the Home Affairs website.

2. 190 and 491 Visa State Nomination Numbers

On 1st July 2024, the Australian Financial Review published the 190 and 491 visa allocations for 2024-2025:

Queensland: reduction of 300 places in 190 PR visas from 900 to 600, 491 visas were also reduced from 650 to 600.
South Australia: there is an additional 1,900 visas.
Tasmania and Western Australia: each state will receive an additional 1,500 visas.
Western Australia: another additional 5000 skilled migrant places under the new WA Designated Area Migration Agreement (DAMA).
Northern Territory: an increase from 650 places to 1,200.
Australian Capital Territory: an increase from 1,200 to 1,800 places.
NSW and Victoria: both states are expected to remain the same as last year, with 3,150 for NSW and 3,300 for Victoria.

3. TSMIT Increase for employer sponsored visas

The Temporary Skilled Migration Income Threshold (TSMIT) has increased from $70,000 to $73,150.

The TSMIT is the minimum salary that employers are required to pay when they sponsor someone on a 482, 186, or a 494 visa.

Any new nominations from 1 July 2024 must meet this threshold, but existing holders and nominations lodged before 1 July 2024 are not affected by this change.

4. Relaxation of Work Visa Conditions for 482, 494 and 457 Visas

From 1 July 2024, new work conditions will apply to 482, 494, and 457 visas. These visa holders will have:

Up to 180 days at a time to find a new employer or a maximum of 365 days in total across the entire visa grant period.
During the 180 days, employees who are looking for a new employer, can work in any job for any employer.

Employers and the Skilling Australians Fund (SAF)

With the greater mobility for employees, it's time that the Department of Home Affairs revisits the promise in the Migration Strategy to reform the SAF.

Employers currently have to pay the Skilling Australian Fund upfront, which is a significant amount if an employee then leaves before their visa grant period. Fees: $1,200 per year for businesses with a turnover under $10 million, and $1,800 per year for those over $10 million.

Given the increased mobility within the 482 system, there's a risk that employers may opt out of sponsoring due to these fees, and therefore skill shortages could get worse if the employers don't want to sponsor people anymore.

5. No Student Visas for Visitors and Graduates Visa Holders

From 1 July 2024, Visitors (Subclass 600) and Graduate (Subclass 485) visa holders can no longer apply for a student visa onshore, as well the following visa holders

Subclass 601 (Electronic Travel Authority)
Subclass 602 (Medical Treatment)
Subclass 651 (eVisitor)
Subclass 988 (Maritime Crew)
Subclass 403 (Temporary Work) International Relations – Domestic Worker (Diplomatic or Consular) stream
Subclass 426 (Domestic Worker (Temporary) – Diplomatic or Consular)
Subclass 771 (Transit)
Subclass 995 (Diplomatic Temporary) – primary visa holders only

6. Graduate Visa Age Limit

Applicants looking to apply for a Graduate Visa must be 35 or under, with exemptions for Masters by research, PhDs, Hong Kong, and British Overseas passport holders up to 50 years old.

Some alternatives for those 36 or older include the 407 Training Visa, Partner Visa, another Student Visa, or an Employer-sponsored Visa. However, applicants will need to ensure they are eligible for these visas.

Please, contact us if you are 36 or over to discuss your visa options.

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7. High-Income Threshold Increase

The Fair Work High-Income Threshold (FWHIT) has increased from $167,500 to $175,000. This means Global Talent applicants must have a minimum annual salary of $175,000 to apply.

8. Visa Closures

The Skilled – Recognised Graduate 476 visa has permanently closed
The Business and Investment visa has also closed

The National Innovation Visa is planned to replace the Business and the Global Talent Visa. It is expected to come into place at the end of 2024.

9. Work and Holiday Visa Updates

Philippines Passport Holders

Philippines Passport Holders can now apply for a 462 Work and Holiday Visa with 200 places available. To be eligible, applicants must hold tertiary qualifications or have successfully completed at least 2 years of undergraduate study or post-secondary education and be 30 years or under.

UK Passport Holders

UK Passport Holders can now be granted up to three Working Holiday Subclass 417 visas without having to meet any specified work requirements. This is expected to lead to significant interest from young people from the UK, offering a work visa for up to three years in sunny Australia without the need to do agricultural work.

10. Health and Medical Changes

There have also been changes to the health and medical requirements including:

An Increase in the Threshold for Medical Costs from $51,000 to $86,000.
Mandatory Hepatitis B Testing for residents from high-risk countries, who are aged 15 and older.

11. Workplace Justice Visa Stream of the 408

A new visa has been introduced for employees who may have been exploited by their employer to stay and work. The employee will need a certificate stating there has been workplace exploitation. More details will be provided on this visa soon.

This was a summary of the main news in Australian immigration for the new financial year, July 2024. If you need assistance with applying for an Australian visa, please contact us.

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

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

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

Book an Appointment

Sources:

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1211

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1205

https://budget.gov.au/content/bp1/index.htm

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

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1209

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1213

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

https://immi.homeaffairs.gov.au/visas/getting-a-visa/fees-and-charges/current-visa-pricing

https://www.afr.com/politics/federal/queensland-to-cop-skilled-migrant-cut-amid-boost-to-smaller-states-20240701-p5jq6j

https://www.fwc.gov.au/high-income-threshold

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/repealed-visas/skilled-recognised-graduate-visa-subclass-476

https://www.legislation.gov.au/F2024L00768/latest/text

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

https://immi.homeaffairs.gov.au/what-we-do/whm-program/latest-news/arrangements-uk-passport-holders

https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/health/protecting-health-care-and-community-services

https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/health/what-health-examinations-you-need

Regional Areas in Australia for Migration Purposes

2024-07-05T16:21:17+09:30

In Australia, the term "regional" includes a wide range of locations beyond the major cities of Melbourne, Sydney, and Brisbane. So, the whole of Australia outside of these three cities is regional.

Major Regional Cities

Perth, WA: Population of 2,600,000
Adelaide, SA: Population of 1,400,000
Gold Coast, QLD: Population of 647,000 (just 80 km from Brisbane)
Canberra, ACT: Population of 490,000
Hobart, TAS: Population of 230,000
Darwin, NT: Population of 135,000

Other Notable Regional Areas

Sunshine Coast, QLD
Wollongong, NSW
Geelong, VIC
Ballarat, VIC
Bendigo, VIC

All cities with a population over 100,000.

Unique Regional Locations

Byron Bay, NSW: Known for its celebrity residents, such as the Hemsworth brothers, and relaxed lifestyle
Wine Regions: Including Margaret River (WA), Barossa Valley (SA), and Yarra Valley (VIC)

Smaller Remote Regional Locations

The definition of regional also includes small towns and remote locations such as:

Coober Pedy, SA
Oodnadatta, SA
Bourke, NSW
Marble Bar, WA

Skilled Occupations in Regional Areas

Contrary to the perception that regional areas only require agricultural workers, there is a consistent demand for various skills, including:

Healthcare: GPs, registered nurses, and carers
Education and Social Services: Teachers and social workers
Trades: Chefs, cooks, diesel mechanics, and hairdressers

Moving to a Regional Area?

If you're considering relocating to a regional area in Australia, it's essential to explore your visa options. Moving to regions with more shortages can potentially provide more opportunities, such as finding a sponsor in your occupation.

Regional Visas

Skilled Work Regional (Provisional) visa (subclass 491): For people nominated by a State or Territory government or sponsored by an eligible family member to live and work in regional Australia.
Skilled Employer Sponsored Regional (Provisional) visa (subclass 494): For people sponsored by an employer in regional Australia.
Permanent Residence (Skilled Regional) visa (subclass 191): For people who have lived in a regional area for 3 years while holding a 491 or 494 visa.

We can help you understand your potential pathways and assist with your visa application.

Please book an appointment with us to discuss your situation in detail.

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Do you need help with your visa application?

Our team of experienced Immigration Lawyers and Migration Agents is ready to assist you with your visa application.

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

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

Employer Sponsors of 482 and 494 Visas: Changes to Conditions 8607 and 8608

2024-06-25T09:43:50+09:30

As part of the Australian Government's Migration Strategy released in December 2023, there are significant changes to the 482 visa condition 8607 and the 494 visa condition 8608 from 1 July 2024. These changes are aimed at reducing the exploitation of immigrants in Australia and providing more flexibility for visa holders.

Summary of Changes:

Extended Period to Find a New Sponsor: Employer-sponsored visa holders will have 180 days to find a new sponsor if they quit or are fired (currently, it is only 60 days).
Maximum Total Period: A maximum of 365 days in total across the entire visa grant period.
Flexibility in Employment: During this period, visa holders are allowed to work for different employers, including in occupations not listed in their most recently approved sponsorship nomination. This flexibility ensures that visa holders can support themselves financially while searching for a new sponsor.

Obligations:

Notification Requirement: Sponsors must notify the Department if a visa holder ceases work within 28 days, whether the visa holder resigns or their employment is terminated.
Employment Restrictions: Unless exempt, visa holders cannot work for another employer unless they have ceased work with their sponsoring employer.
Nominated Occupation: Visa holders must remain in their nominated occupation while working for their existing sponsor.
Licensing and Registration: Visa holders must not do any work inconsistent with any licence or registration needed for their nominated occupation.

Affected Individuals:

The changes apply to existing 457, 482 and 494 visa holders as well as those granted a visa on or after 1 July 2024.

Pathway to Permanent Residency:

The 186 Temporary Residence Transition (TRT) stream has not been changed at this point, so most 482 visa holders are still required to work 2 years for their same sponsoring employer before they can be sponsored for the 186 TRT stream.

The government may change this later in the year, when they bring in the Skills in Demand visa, so that “Periods of employment with any approved employer will count towards permanent residence requirements.” (The Migration Strategy, page 48).

Reform of Skilling Australia Fund Needed:

The Migration Strategy report raised the possibility of changes to the Skilling Australia Fund (SAF). Currently, the SAF requires a large upfront payment for the original nomination for a temporary work visa:

For 482 visas: $1,200 per year for businesses with a turnover up to $10 million and $1,800 per year for businesses with a turnover over $10 million.
For 494 visas: $3,000 flat fee for businesses with a turnover up to $10 million and $5,000 per year for businesses with a turnover over $10 million.

The changes to conditions 8607 and 8608 provide significant flexibility for employees, making it urgent to reform the Skilling Australia Fund to ensure employers are willing to sponsor, even with the risk of employee turnover.

Do you need help with a 482 or a 494 Visa application?

Our team of experienced Immigration Lawyers and Migration Agents is ready to assist you with your visa application.

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

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

If you are looking for an employer to sponsor you, check out our blog "How to Find an Employer Sponsor in Australia."

Sources:

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1213

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

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How to appeal visa refusals

2024-06-24T14:24:49+09:30

We understand that having a visa refusal can be disappointing and you can feel quite stressed and unsure of what to do.

In this blog, we explain the appeal process and what you can do if your visa has been refused by the Department of Home Affairs.

Generally, you have the option to appeal the decision through a merits review or judicial review. The process for appealing a visa refusal can vary depending on the type of visa you applied for, and the specific circumstances of your case.

Merits Review

Basically, merits review is a process that allows a decision maker to ‘step into the shoes’ of the original decision maker for example the delegate at the Department and make a fresh decision based on the evidence before it. In Australia, this is usually undertaken by a body known as the Administrative Appeals Tribunal (or the AAT).

Appealing the decision at the AAT

The refusal letter will state whether you can appeal the decision at the AAT. If you have this option, you must make sure to lodge your appeal within the time frame that is provided in your refusal letter. The easiest way to lodge your appeal is online through the AAT’s website.

Once you lodge an appeal at the AAT, your bridging visa will continue until you get a decision on your appeal.

Attending a Hearing

The AAT will then review your appeal application. Due to a large number of applications, it usually takes a long time before you are invited for a hearing. At the hearing, you can present your case and any evidence to support your appeal. The AAT will then usually make a decision to affirm the Department’s decision to refuse your visa or remit the decision back to the Department for reconsideration.

We would recommend getting legal assistance from an Australian Migration Lawyer to avoid any issues with your appeal and put your best case forward, especially when preparing for your hearing.

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Judicial Review

In cases where you don’t have a merits review option, you may be able to appeal the refusal decision in court.

Unlike merits review, judicial review does not involve considering the merits of the case or deciding what the right decision was. Instead, it looks at the process through which a decision was made and determine if it was made in accordance with the law.

Another thing to keep in mind is that unlike an appeal to the AAT, your bridging visa does not automatically continue when you apply for judicial review. You will need to lodge a bridging visa application before your current visa expires. We’re here to help if you need any assistance with this.

Appealing the decision in court

To be able to appeal the decision in court, you need to have grounds to seek judicial review for example there was a legal error in the decision-making process, such as a breach of procedural fairness or an incorrect interpretation of the law. You may need to get a Barrister to look at your case and assess if there are any grounds for judicial review.

Filing an appeal application

To begin an appeal at court, you will need to file an application with the Federal Circuit and Family Court of Australia and within the specified time, which is generally 35 days from the date of the refusal.

After this you will need to follow the court procedures by serving the documents to the other party within the specified time, and then go through the court proceedings by attending a hearing and waiting for the court’s decision. This process can be very long, and it can take several years before you have a hearing.

It's important that you comply with all the requirements and deadlines for filing a court application and serving the documents as required by the court.

It can be helpful to get legal advice from a migration lawyer to help you navigate your appeal process because I understand it can be very confusing and there are strict time frames you have to work with.

Do you need help with your refused visa application?

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

If you have a Student Visa refusal, a Partner Visa refusal, a 482 Employer-sponsor Visa refusal, a 407 Training Visa refusal, a Graduate Visa refusal, a 491 Visa refusal, a 190 Visa refusal or any other visa refusal, we can assist you.

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.

Book an Appointment