In early 2023, regional migration visas in Australia were under a cloud of uncertainty. The Parkinson Report Migration, released in March 2023, failed to offer any guidance or support for regional migration options.
The final report suggests a recalibration of the skilled points test and even proposes the removal of points for regional study. It states, “In conjunction with this measure, existing regional concessions in mainstream permanent phases, such as additional points for regional study, could be removed to ensure those programs are strongly focused on selecting migrants who will best meet national economic objectives.”
Additionally, state nomination applications in Australia across all states were reduced by 70% from July 1, 2023, marking a significant downturn in the 2023-24 financial year.
However, early 2024 has seen positive developments in regional migration policy.
Migration Policy Developments 2024
Regional employer-sponsored nominations visas such as 482, 186, 494, and DAMAs are now the top priority in ministerial processing directives. This means they are processed above all others, including professions in teaching and health that were previously given high priority.
This shift demonstrates the Federal Government is encouraging migration to regional areas.
The new Skills in Demand Visa Australia includes an "Essential Skills" category visa for lower-skilled occupations, such as carers, with potential salaries below A$70,000. These visas aim to supply workers to regional areas for both caregiving and agricultural roles.
For the 2024 to 2025 financial year, skilled points visas, including the 189, 190, and 491 visas, will remain unchanged. The 491 Visa, designed for regional areas, continues to be available, dispelling rumors of its abolition in the Migration Review.
Several factors are at play, including a strong demand from industries and communities in regional Australia for migrants. Furthermore, the housing crisis has prompted the federal government to encourage migration away from Australia's largest cities, Melbourne, Sydney, and Brisbane.
How can Work Visa Lawyers help?
Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your potential application(s).
Based in Adelaide, South Australia, we provide Australian Immigration advice to people and businesses from all over the world.
For visa application assistance in Australia, you can book an appointment online or call us at (+61) 8 8351 9956.
The Australian Government has announced changes that will allow short-term 457 or 482 visa holders to have a pathway to permanent residency in Australia after 2 years. If you have held and worked on a 482 visa for at least 2 years, you can apply from November 25, 2023.
Employers will be able to nominate holders of all Temporary Skill Shortage (TSS) 482 Visa, including Short-term and Labour Agreement streams. The nominated person will need to have held their TSS or subclass 457 visa(s) for 2 out of the 3 years before nomination.
Before, only Temporary Skill Shortage (TSS) 482 visa holders whose occupations are on the Medium and Long-term Strategic Skills List (MLTSSL) could apply for an Employer Nomination Scheme (186) visa under the Temporary Residence Transition (TRT) pathway after 3 years of full-time employment with the sponsoring employer while on a 457 visa or 482 visa.
Short-term 482 to PR 186
From November 25, 2023, the 186 Temporary Residence Transition stream will become available to the majority of 482 Temporary Skill Shortage visa holders. It will no longer be restricted to 482 visa holders with occupations listed on the Medium and Long-term Skilled Occupation List. In addition, the required length of employment with your sponsoring employer will be reduced from 3 years to 2 years.
If your occupation is on the Short-term Skilled Occupation List (STSOL), you will also be eligible to apply for the 186 Temporary Residence Transition after working in Australia for your employer-sponsor with a 482 visa for 2 years.
Medium-term 482 to PR in 2 years
Previously, medium-term occupations required 3 years on a 482 visa to be eligible to apply for permanent residency. When the changes start, all 482 streams can access PR and the work experience requirement will now be reduced to 2 years.
Common medium-term occupations include roles such as Registered Nurse, Diesel Mechanic, Carpenter, and more.
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.
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.
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.
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.
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.
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.
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.
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.
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
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Are you planning to study or work in Australia for its Permanent Residency?
Are you curently in Australia and seeking Australian PR pathway with your skill?
Today’s topic is talking about the best state for skilled visa and employer sponsorship program.
Our opinion about the best state for each stream will be illustrated in the conclusion.
We have recently discussed the comparison of each state regarding its study life in Australia by the “where should I study” series.
Today we are going to look at the comparison of each state sponsorship program (Visa 491, Visa 190), and the employer-sponsored visa options (Visa 482, Visa 186...) for those who are working in Australia.
Skilled Migration Program and Employer Sponsorship Visa in New South Wales (NSW)
NSW is the most popular state in skilled migration programs and employer sponsorship, making it highly competitive.
Speaking of skilled visas 491 and 190, you do not need to be working in your nominated occupation to be eligible for the 190 visas or 491 visas.
You only need to reside there for 3 months and seek a nomination for the skilled nominated visa 190.
However, NSW does not offer a full range of skilled occupations list similar to SOL of the Department of Home Affair and please be aware that the list can be changed from time to time.
While requirements are relatively straightforward , NSW is still very competitive and only chooses applicants with the highest points test score due to a significant number of applications per year.
This is appropriate because the number of international students and workers in NSW are much higher than its allocations number each program year.
The excellent candidates will be selected. If you think you might be eligible for NSW State Nomination Visa 190, 491, please book an appointment with our experts.
If you choose to study in NSW for a skilled visa, you should consider going to regional areas of NSW like Newcastle or Wollongong for a chance to obtain a visa 491.
It may be very difficult for fresh graduates in NSW to compete with other applicants to achieve high points.
Nevertheless, Sydney has many global organizations to offer opportunities for employer sponsorship in management related and also high-level ICT Related occupation.
Accoutants, the most popular occupation which has been on its downside recently seems to be more interested in getting PR through Visa 482.
Accoutant is listed on Medium and Long Term Skilled Occupation list, which gives the applicants more Permanent Residency pathways.
This employer sponsorship program can give international students and workers opportunities for permanent residency pathways for certain occupations and streams
Especially for applicants who have been in Australia during the pandemic (more than 12 months from February 2020 to December 2021 in Australia), you might be eligible for a 482 Short Term to Permanent Residency.
State Nomination Visa 491/190 and Employer Sponsored Visa 482,186 in Victoria
Victoria offers a VERY LIMITED skilled occupation list and benefits to its students who study there and seek state nomination from Victoria.
You may be disappointed if you did not choose the right major for your study in Victoria.
However, there is no clear guideline in the Victoria state sponsorship program.
Except for the requirement that you work in its target sectors, your occupation must use STEMM skills.
There are around 227,000 international students in Victoria, with only 4000 places in state nomination each financial year. (Statistics from November 2020)
It means you only have around a 2% chance to get a skilled visa 491 or 190 in Victoria.
It is worth mentioning that Victoria is famous for its employer sponsorship program.
There are a lot of big companies in Melbourne that may offer employer sponsorship opportunities similar to Sydney.
CONTACT OUR IMMIGRAITON LAWYERS TEAM TO DESIGN THE BEST STUDY PATHWAY TO PR FOR YOU AND YOUR FAMILY
To study in Victoria, you should select a major in their target sectors or an occupation which is listed in Medium and Long term skilled occupation list for higher chances of getting Permanent Residency in Australia
Otherwise, you will end up going regional area to seek the nomination.
Skilled Visa 491/190 and Employer Sponsored Visa 482,186 in Queensland
Queensland is focusing on nominating those working in the state.
To be eligible for a skilled nomination in QLD, you must be working full-time in your nominated occupation for at least three months after completing a minimum of 2 years of study.
If you study Ph.D. in QLD, you may be nominated for permanent residency 190 visas from Queensland.
You may be disappointed if you are a skilled migrant here because of its water-dropping invitations during the year with just over 2,000 allocations.
However, QLD is the first state to introduce its Small Business Owner stream, and this program has a lot of benefits to international students who have completed their studies.
And QLD has a lot of job opportunities you can look for regarding employer sponsorship programs visa 482 to have a pathway to Permanent residency subclass 186.
Moreover, Queensland has just opened DAMA Stream in Townsville region
You need to consider these streams if you choose to study in Queensland.
Skilled Visa 491/190 and Employer Sponsored Visa 482,186 Western Australia
Western Australia’s nomination requirements are simple, but their skilled occupation list is limited.
To be eligible for WA Nomination, you need a job offer in the Schedule 2 list
Or have 12 months of Australian work experience in the nominated occupation in the Schedule 1 list.
They have a graduate pathway for those who study for at least 2 years in WA.
However, their migration program can be challenging, with its occupation list changing from time to time without notice.
The employer sponsorship program is suitable for those who are working in the mining industry.
Choosing WA as a destination for study and permanent residency is not a good choice unless you are talented
Skilled Visa 491/190 and Employer Sponsored Visa 482,186 ACT
The Australian capital Territory gives you access to nomination via Canberra Matrix only.
Please be aware that this matrix is different from the EOI points test from the Department of Home Affairs.
There is no specific graduate pathway in the ACT. However, you can get higher matrix points with more years to study there.
ACT also has its own critical occupation list with points score level of chance to be selected
Importantly, this critical list has been changing continuously during the last financial year
ACT just opened their small business owner stream last year, 2021; this stream will give applicants more matrix points and a chance to be selected for nomination.
ACT has most jobs in government which usually requires a permanent residence status. So, we don’t recommend ACT as a place for employer-sponsor
Choose to study in the ACT if you are familiar with the matrix process and enjoy the top study quality.
Skilled Visa 491/190 and Employer Sponsored Visa 482,186 NT
The Northern Territory is famous for its generous skilled migration program in supporting its own graduates
There are graduate and working streams in NT with its full range of occupations and simple requirement without work experience. All you need to do is to prove your long term commitment to NT for a PR nomination
The Graduate stream gives more benefits if
applicants can prove long-term commitment to the state
and have another 6-month stay after graduation with NT under a Temporary graduate visa.
In our experience, NT will be happy to send out invitations for those applicants.
NT has NT DAMA, which utilizes the labor agreement stream of TSS 482 visas.
With the willingness to nominate graduates – the NT is a good all-round option.
If you choose to study in NT for PR, choose some courses that instantly help you get skill assessment without working requirements and those courses must be be able to get you a Tmporary Graduate 485 Visa.
State Nomination Visa 491/190 and Employer Sponsored Visa 482,186 Tasmania
Tasmania is one of the friendliest states for skilled nominated visas with its clear guidelines and transitional arrangements if rules are changed
If you started studying in Tasmania now, you might have to be working in Tasmania to be eligible for nomination.
Current requirements are 3 months and 6 months for 491 and 190 respectively, with occupations in Tasmania’s list.
Tasmania currently announced a new stream of small business owners, which is the most straightforward requirement among all states.
Tasmania has a very high level of allocations compared to its low population of international students
It has 3300 allocations in visa 491 and visa 190 and only 12,500 international students in the states
However, you need to consider the population and market before studying or opening a business in tasmania for the small business owner stream visa 491 and visa 190.
if you are interested in Tasmania state nomination, call us now for the best advice.
However, with its low population and stable economic activity in the state, Tasmania seems to be not an attractive destination for whom seek employer sponsorship program
State Nomination Visa 491/190 and Employer Sponsored Visa 482,186 South Australia
South Australia has one of the most comprehensive state sponsorship visa program and moderate Employer Sponsorship opportunities where skilled migrants can consider towards.
They offer the full range of skilled occupations, but the requirements may vary in each occupation
Comparing the number of South Australia’s international students and its allocations, they have significantly more chances than others who study in metro areas like Brisbane (QLD), Melbourne (Victoria) or Sydney (NSW).
State Nomination South Australia Visa 491, visa 190
South Australia has a lot of different streams and separate regional postcodes in South Australia where more concessions of Permanent Residency pathway are allocated in the state.
Generally, you need to be working in your nominated occupation from 3 to 18 months for 190 and 491 visas
Or working in ANY OCCUPATION in regional postcodes of South Australia to get 491 visas
There is also a high GPA stream with a chance to be nominated 190 visas in SA
Under the talent and innovator program, SA has announced a startup and small business stream, which has actively invited applicants 190 visas.
Employer sponsorship program in South Australia
SA is a good place to come with its employer sponsorship, for some occupations like motor mechanic, chef or cook in outer regional so that applicants can prepare themselves a backup plan to skilled migration program.
South Australia, same as NT, is actively enhancing its DAMA streams. It means simple requirement with more occupations in the list for Australian PR.
Study in South Australia to enjoy its work-life balance while you are aiming for permanent residency
Work Visa Lawyers has been established in South Australia with a team of Immigration lawyers and Registered Migration Agents who are specialized in South Australia Immigration.
Which state is the best for skilled migration program visa 491,190 and which state is the best for Employer Sponsored visa 482, 186?
To conclude, the best states for migration for international graduates are South Australia, Tasmania and the Northern Territory. This is because these states strongly support international graduates and have comparatively high numbers of visas allocated to these states.
Part of this high allocation is that all the states are considered regional.
The best state for migration based on employer sponsorship depends on which state offers the most opportunities for your occupation.
For many management-related occupations or occupations that would be employed by large organisations including high-level ICT jobs, the best states may be New South Wales which has Sydney and Victoria which has Melbourne.
If your occupation is mining-related then attractive states would include Western Australia, Northern Territory, Queensland and South Australia.
That is all for today. We hope that this writing can give you a better idea of which state you should choose to study in Australia to get permanent residency.
This information is correct at the time of publication but is subject to change without notice. All information provided on this page is provided for purely educational purposes and does not constitute legal advice. For advice on your situation, please speak with an Immigration Lawyer or a Registered Migration Agent.
There are a few substantial differences between the medium-term stream and the short-term stream of the TSS 482 visa.
At their core, both streams are part of the same temporary, skilled, employer-sponsored visa in Australia.
Many clients have made questions whether there is a pathway of 482 Visa to Permanent Residency.
Yes, even neither stream has an age requirement, but there is an age requirement for the ENS 186 visa that could be accessed via the Temporary Residence Transition stream if you hold a Visa subclass 482 in the medium-stream. This stream is a pathway to PR from 482 visa.
The key differences of are:
Length of stay in Australia
English test scores required
Genuine Temporary Entrant requirement
Possibility for “renewal”
Availability of PR pathway (through ENS 186 visa temporary residence transition stream)
The English “exemptions” are the same for both streams (while the test scores required are different, where an “exemption” is not available).
There are many Employer Sponsored Visas in Australia, 482 Visa is the most popular amongst those. However, each scenarios will fit in each type of Sponsored Visa.
Please have a look at all Employer Sponsored Visas in Australia here ! Or Click here for arranging an appointment with our Immigration lawyers !
What determines the stream I am in?
With sponsored and skilled work visas, selecting the correct occupation is essential. If the wrong occupation is used, this can lead to refusal of nomination and/or visa application.
For TSS 482 visa, it is important this occupation is consistently used all the way through Labour Market Testing, nomination application, contract, visa application, work experience, skills assessment (if required).
For the TSS subclass 482 visa, you are in either the medium-term stream or the short-term stream based on your occupation. If your occupation is on the MLTSSL, then you would be in the medium-term stream. If your occupation is on the STSOL, then you would be in the short-term stream. Some occupations are on the regional-occupation list (ROL) , which has some perks of the medium-term stream (4-year visa) with some of the drawbacks of the short-term (not eligible for the 186 PR pathway).
