Immigration Lawyers and Migration Agents

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As the end of the financial year approaches, many changes are being made to the Australian immigration system. In this article, we will go through some of those changes.

128 New Occupations Added to the SA DAMA

The South Australian regional DAMA and the Adelaide City DAMA have both been extended and expanded.

The SA regional DAMA now includes 128 new occupations across various sectors, including construction, trade, agribusiness, ICT, health, education, and renewable energy.

Some occupations added are registered nurse in child and family health, registered nurse in disability and rehabilitation, winery worker (beneficial for South Australia's Barossa and Clare Valley), sheep farm worker, truck driver, bricklayer, and floor finisher. Truck driver is particularly notable as it was previously a restricted occupation but is now available for the entire state.

Do you want to know more about the new occupations on the SA DAMA? Click here to read the full article.

Student Visa News

Increase in Financial Capacity:

From 10 May 2024, the financial requirement for Student visa applicants will increase from AUD 24,505 to AUD 29,710.

For a spouse or de facto partner of the Student primary applicant, it will increase from AUD 8,574 to AUD 10,394.

For a dependent child, it will increase from AUD 3,670 to AUD 4,449.

The last increase happened in October 2023, and this new increase was not expected for this financial year.

Recent changes to Australian student visa and graduate visa programs signal a significant shift in the landscape of international education and post-study opportunities in the country. Starting from 23 March 2024, these updates include increased English language requirements and the introduction of the genuine student requirement.

TOEFL iBT is now accepted for all Australian visas

TOEFL iBT tests taken from 5 May 2024 are valid for Australian visas and migration purposes. The test must be taken at a secure test center, as the department does not currently accept online English tests.

End of the 476 Visa

As widely expected, the skilled recognized graduate 476 visa will permanently close from 1 July 2024. This is disappointing for many, but it was expected.

Graduate Visa Changes

The main change will be the reduction of the maximum eligible age from under 50 to 35 years and under, proposed to be implemented from 1 July 2024.

Exceptions include Hong Kong and British overseas national passport holders, who will be eligible up to the age of 50.

Other changes for the graduate visa include increasing the minimum English requirement and reducing the validity period for English tests from three years to just one year prior to the application date.

This means applicants may need to check and complete their English tests before applying.

Click here to read more about the Graduate Visa changes.

Skilled Points Review Paper

The Australian Government published a paper discussing potential changes to the points test for the 189, 190, and 491 visas.

The review may alter the available points by removing and reducing factors and adding new ones.

Expected changes include reducing or removing points for regional study and NAATI-approved language.

Points for partners may increase, age points might be allocated on a gradual scale, and English points might also follow a more gradual scale.

New Core Skills Occupation List

Jobs and Skills Australia has opened a consultation about the Core Skills Occupation list.

This list will be for the Core Skills visa, designed to replace the 482 employer-sponsored visa with similar requirements.

The consultation categorizes occupations into three groups:

1. Confident On List – Occupations that Jobs and Skills Australia is certain should remain on the list.

Occupations such as Registered Nurse, Social Worker, Diesel Motor Mechanic, and IT Network Administrator are on the Confident On List.

2. Confident Off List – Occupations recommended for removal based on current labor market insights.

Occupations such as Cafe or Restaurant Manager, Cattle Farmer, ICT Project Manager, and Real Estate Representative are on the Confident Off List.

3. Targeted for Consultation – Occupations that require further input from stakeholders to determine their necessity and priority.

Occupations such as Chef, Cook, Finance Manager, Web Designer, Hairdresser, and Marketing Specialist are on the Targeted for Consultation List.

Will your occupation be on the new Core Skills Occupation List? Full article here.

VETASSESS Skills Assessment

VETASSESS is accepting new applications again for cook, diesel motor mechanic, and motor mechanic.

Some other trade occupations paused in 2023 are not yet accepted by VETASSESS.

State Nominated 190 and 491 Visas

Victoria, Western Australia, Queensland, and the Northern Territory have already closed for expressions of interest. Other states and territories may close soon.

This was a summary of the main news in Australian immigration at the start of May 2024. If you need advice on your specific situation, please book an appointment.

Do you need help with an Australian visa application?

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

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

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

Sources:

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

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1196

https://www.jobsandskills.gov.au/topics/migration-strategy/draft-core-skills-occupations-list-csol-consultation

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

https://www.migration.sa.gov.au/occupation-lists/dama-occupation-list

https://www.homeaffairs.gov.au/reports-and-pubs/PDFs/points-test-discussion-paper-april-2024.pdf

https://www.vetassess.com.au/news/reopening-new-applications-for-cook-diesel-motor-mechanic-and-motor-mechanic-general

Recent changes to Australia's student visa and graduate visa policies signal a significant shift in the landscape of international education and post-study opportunities in the country. Starting from March 23, 2024, these updates include an increase in the English language requirements and the introduction of the Genuine Student Requirement.

English Language Requirement

Student Visas:

• The minimum test score for English proficiency will rise from an IELTS score of 5.5 to 6.0 (or equivalent). For PTE the minimum test score is now 50.
• For those enrolling in ELICOS (English Language Intensive Courses for Overseas Students), the required score will increase from IELTS 4.5 to 5.0 (or equivalent). For PTE the minimum test score is now 36.

Graduate Visas:  

IELTS:

• The English requirements will go up from IELTS 6.0 to 6.5 (or equivalent) with a minimum score of 5.5 for each component of the test (reading, writing, speaking, and listening).

PTE:

• An overall band score of at least 57; for the listening test component a score of at least 43; for the reading test a score of at least 48; for the speaking test component a score of at least 42; and the writing test component of the PTE — a score of at least 51.

Big Impact on the Graduate Visa:

The validity period for the English test has been reduced from three years to just one year prior to the application date, a change that may present challenges for many applicants.

The new Genuine Student Requirement

The Department of Home Affairs has recently updated its website to include crucial information on the Genuine Student (GS) requirement, set to take effect on March 23, 2024. This update aims to provide applicants and stakeholders with a comprehensive understanding of the GS criterion, including what evidence and information should be incorporated into the application. The GS is replacing the Genuine Temporary Entrant (GTE).

What is the Genuine Student Requirement?

The Genuine Student requirement is designed to assess an applicant's intention to genuinely pursue studies in Australia.

Key Factors in Assessing the Genuine Student Requirement

The assessment of whether an applicant meets the GS requirement will consider various factors, including:

Applicant's Circumstances: This can include the reasons for choosing a particular course, the relevance of the course to the applicant's past or proposed future employment in their home country or a third country, and the potential for the course to enhance the applicant's career prospects.

Immigration History: The Department will look into the applicant's previous travel to Australia and other countries, including compliance with visa conditions and the laws of those countries.

Compliance with Visa Conditions and Other Relevant Matters: Any previous history of visa compliance, as well as other matters deemed relevant by the Department, will be taken into account.

Plans to be a Skilled Migration Now Acceptable

The GS criterion also acknowledges that there are post-study pathways available for students who may be eligible, recognizing the potential for students to transition to other visa categories following their studies.

This is a welcome change from the previous GTE requirement, which required the applicant to make a statement about why they desperately wanted to leave after their studies.

Contact us if you need assistance with your Student or Graduate Visas. As soon as we have more updates about the Student and Graduate Visas, we will post them on our website and social media channels: TikTok, Facebook, and Instagram.

Do you need help with an Australian visa application?

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

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

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

Welcome to our August Australian Immigration News, where we bring you crucial updates on changes in Australian immigration. In this edition, we cover a range of topics, including alterations to the 189 and 190 visas, state nominations, 408 pandemic visa, cash incentives offered by states for specific occupations, VETASSESS Skill Assessment, Parent visa program, English testing modifications, Aged Care Agreement and more. For detailed information on all visas, visit Work Visa Lawyers. 

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

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On 01 December 2020, Pearson PTE has made major changes on PTE test score range. Thousands of international students and visa applicants may potentially impacted by such changes. 

By the time of writing this blog on 04 December 2020, the Department of Home Affairs have not yet made any changes to Australian visa English requirements in response to PTE Academic changes on score range.

Early in October 2020, the Federal Budget was announced, along with various changes to partner visas for the 2020-21 migration program year.

If you are interested in applying for a subclass 491 or a subclass 190 visa, you will need to be nominated by an Australian state or territory. At present, all the states and territories in Australia are closed for new nominations. This is because the Federal Government has not yet announced the quota for the program 2020-21 year.

The subclass 190 and subclass 491 visas are point-based visas, requiring visa applicants to have a minimum of 65 points, plus be nominated by an Australian State or Territory. 

With the significant decrease in migration numbers in the coming year, obtaining state/territory nomination is more competitive than ever. States and territories are more likely to nominate high quality applicants, especially those working in essental occupations to assist with post-COVID recovery. While you wait for state nomination applications to re-open, you may want to work on increasing your points to increase your chances of getting a nomination.

There is no indication for when nomination applications will be accepted again, therefore it is imperative that you have all your documents ready to lodge an application as soon as possible. Some states may work on a 'first come, first served' basis, as such, being prepared to apply for nomination as soon as applications are open may work in your favour.

In this article, we give you 4 tips to improve your chances of getting state nomination. 

In this video, we are joined by Scott Johnston from Swoosh English to give us an insight into the popular International English Language Testing System (IELTS) and Pearson Test of English (PTE) tests, including some helpful tips and tricks to get the best English results.

If you are interested in English tutoring from Swoosh, please use our affiliate link: https://go.swooshenglish.com/pass-ielts?fpr=wvl-ielts

If you have any questions about English requirements for migration purposes, please feel free to contact us: -

Phone: (08) 8351 9956 or +61 8 8351 9956

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

The Department of Home Affairs requires Australian Skilled Visa applicants to provide detailed information regarding their qualifications and employment history. To ensure you meet the Australian qualifications, Home Affairs requires that you complete a migration skills assessment form an assessing authority.

Key Terms: How to become an Australian Citizen - Permanent Residency (PR) - Work Visa - Citizenship by conferral and decent - Am I eligible to be an Australian Citizen