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Latest News in Australian Immigration – End of the 2024 Financial Year

2024-06-17T11:54:56+09:30

As the end of the fiscal year approaches, many changes are being made to the Australian immigration system. Many of these changes stem from the Budget 2024-25.

We have already posted some videos about these changes, which you can find on our YouTube channel.

Today’s news includes an exciting 189 invitation round, restrictions on applying for student visas, skills assessment updates, and a new visa coming soon.

No Student Visas for Those with Tourist/Visitor or Graduate Visas

From 1 July 2024, visitor visa holders and temporary graduate visa holders will not be able to apply for student visas onshore. In the short term, this will lead to many graduate and visitor visa holders lodging applications before 30 June 2024.

In summary, from 1 July 2024, the following subclasses will not be able to apply for a student visa onshore:

Subclass 485 (Temporary Graduate)
Subclass 600 (Visitor)
Subclass 601 (Electronic Travel Authority)
Subclass 602 (Medical Treatment)
Subclass 651 (eVisitor)
Subclass 988 (Maritime Crew)

This is in addition to the visas already listed which cannot make a valid student visa application, which are:

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

189 Invitation Round Released

A 189 Skilled Independent Visa invitation round has just happened On the 13th of June 2024! It includes invitations for a wide range of occupations with high points, many in the range of 85 to 100 points. The occupations include engineers, accountants, ICT professionals, and construction-related trades, such as carpenters and painters.

Before this round, the last few rounds only included invitations for health and teaching professions, which was discouraging for those in other occupations.

The June 2024 round is encouraging for many, as it opens up opportunities for a wide range of occupations.

State Nomination 190 and 491 Visas Updates

Only New South Wales (NSW) and the Australian Capital Territory (ACT) are still open. The other states are already closed and will reopen in the new financial year.

Increase in the TSMIT

From 1 July 2024, the TSMIT will increase 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 494 visa.

Any new nominations from this date will need to meet the new TSMIT of $73,150.

This change will not affect existing visa holders and nominations lodged before 1 July 2024.

Good News for People Seeking to Apply for the 482 Employer-Sponsored Visa

From November 2024, applicants will be able to apply for the 482 employer-sponsored visa after 1 year of experience. Currently, the applicant must have 2 years of full-time experience.

With the shortage of invitations in the points-based visas, this change for the employer-sponsored 482 visa will be welcomed by many students and 408 holders looking for their next visa.

We have a blog with some tips on how to find a sponsor. Click here to read.

Graduate Visa Changes

From 1 July, the maximum eligible age to apply for the 485 Graduate Visa will be reduced to 35 years or under at the time of application.

Masters (research) and PhD graduates, as well as Hong Kong and British National Overseas passport holders, will still be eligible if they are under 50 years of age.

Any applications lodged on or after 1 July 2024 will be assessed under the new subclass 485 visa requirements, which include the reduction of the age limit to 35 and under.

If you need to apply for a 485 Graduate Visa, please contact us.

Ministerial Direction

There has been much media commentary in relation to Directions 99 and the decisions of the AAT.

This pertains to visa holders with character issues and some decisions by the AAT to reinstate visas for those with criminal convictions.

A new Direction 110 has been released, emphasizing the protection of the Australian community in visa decisions involving character issues.

ORANA DAMA Expanded

The variation of the Orana Designated Area Migration Agreement (DAMA) has been expanded to include an additional 41 local government areas across inland NSW.

This expansion grants a geographical boundary extension to include the RDA regions of Riverina, Murray, Southern Inland, and Central West.

The variation will support the development and growth of regional NSW, expanding to 129 occupations under the Orana DAMA, giving businesses across 53 local government areas in NSW access to a broader range of skilled workers.

Click here to check the ORANA DAMA Occupation List.

Western Australia Subsidy Up to $7,500

The Skilled Migrant Job Connect Subsidy program is now available through the Migration WA Portal to help onshore migrants cover the costs of skills assessments, gap training, and occupational licensing by providing reimbursements of up to $7,500.

This support aims to assist migrants in gaining employment in Western Australia that aligns with their overseas qualifications, skills, and experience, thereby bolstering the state’s skilled workforce.

You can find the requirements here.

End of the Global Talent Visa and the Business Visa

The Australian Government announced that it will close the Global Talent Visa and the Business Innovation and Investment Program (BIIP) in 2024 and replace them with the new National Innovation Visa.

What is the National Innovation Visa?

This new visa aims to attract exceptionally talented migrants to Australia, such as high-performing entrepreneurs, major investors, and global researchers. Streams of the National Innovation Visa could include:

High-performing entrepreneurs
Major investors
Global researchers

Here you can find more information about the National Innovation Visa Australia.

Skills Assessments Updates

VETASSESS

VETASSESS reopened new applications for Chefs and Fitters, which they stopped last year.

In May, they also reopened to cooks, diesel motor mechanics, and motor mechanics.

Trades Recognition Australia (TRA) Updates

The requirement for mandatory skills assessment through the Offshore Skills Assessment Program (OSAP) has been removed for certain automotive trades from qualified applicants/countries of passport. Applicants can now have their skills assessed through the Migration Skills Assessment (MSA) program. This change provides a less expensive documentary evidence-only assessment option.

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/news-media/archive/article?itemId=1211

https://immi.homeaffairs.gov.au/visas/working-in-australia/skillselect/invitation-rounds

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://migration.wa.gov.au/news/skilled-migrant-job-connect-subsidy-program-now-available-migration-wa-portal

https://www.rdaorana.org.au/migration/dama

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

https://www.vetassess.com.au/news/reopening-new-applications-for-chef-and-fitter-general-occupations

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

https://www.tradesrecognitionaustralia.gov.au/news/requirements-applicants-selected-automotive-trades-now-have-option-be-assessed-through

Australian 2024/2025 Federal Budget and the Global Talent Visa

2024-05-23T14:04:37+09:30

What will happen to the Global Talent Visa?

The Australian Federal Government released the federal budget on 14 May 2024. The Budget reflects the Federal Government’s plan to reform Australia’s migration system as outlined in the Migration Strategy and will introduce changes to the skilled visa programs including the Global Talent Visa.

What does this mean for the Global Talent Visa?

It was announced that the Global Talent Visa (subclass 858) will be discontinued and will be replaced by a new visa called the National Innovation Visa.

What is this National Innovation Visa?

The National Innovation Visa is said to be designed to attract exceptionally talented migrants and replace the Global Talent visa and the Business Innovation and Investment visa. This new visa will provide a permanent visa pathway for the most exceptional talented migrants – such as high performing entrepreneurs, major investors and global researchers.

When will this take effect?

The Government announced that the change will be implemented from late 2024.

What will happen to the Global Talent Visa already lodged?

Transition arrangements will be in place and the Department will ensure that applicants including existing Global Talent visa applicants are supported in the application process. Existing Global Talent Visa applicants will not be adversely affected by the transition and will be assessed against the eligibility requirements/criteria applicable at the time of their application.

What will happen to the pending Expressions of Interest?

We do not have the details or confirmation yet, but we suspect that the EOIs that are undecided or that have not been finalized when the change is implemented will expire.

We suggest that those interested in applying for the Global Talent Visa- Invited pathway, should submit their EOIs as soon as they can so there is a greater chance that the EOI is decided before the Global Talent Visa is discontinued.

What if I already have received a successful EOI and have not applied for the visa yet? What will happen to my invitation?

We do not have official confirmation yet as to what will happen to the unused EOI invitations however, it is likely that the invitations will expire, and we suggest that potential applicants who had received the invitation should lodge their application as soon as they can.

What is the allocation for the Global Talent Visa for 2024/2025 Financial Year?

The Federal Budget also provides for the Migration Planning Levels. For the next financial year, 2024/2025, the number of places allocated for the Global Talent Visa has decreased to 4,000 places compared to 5,000 for the 2023/2024 financial year.

Will the new National Innovation Visa have a separate allocation from the Global Talent?

No, the National Innovation Visas granted in the 2024/2025 financial year will be counted towards the Global Talent Visa Program allocation.

What are the eligibility criteria for the new National Innovation Visa?

We do not have the details about the eligibility criteria for the new National Innovation Visa however, the Migration Review recommended that the requirement of having a nomination may be removed. Again, this is just a recommendation by the Review Panel and we will not know the criteria until the legislation and the corresponding regulations are passed.

Sources:

Department of Home Affairs website - Migration Program planning levels < https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels >

Budget 2024-25 website- https://budget.gov.au/content/documents.htm

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

If you want to check if you are eligible for the Global Talent Visa, you can use our free Global Talent Assessment Tool.

How can Work Visa Lawyers help?

Work Visa Lawyers can help you with all steps in the Global Talent visa application process, including with applications for nomination from the ACS.

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

Contact us on (+61) 08 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.

How is ‘high income’ assessed for the Global Talent Visa?

2024-02-05T14:32:29+10:30

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.

We have assisted (and currently assisting) a number of successful Global Talent Visa (GTV) applicants, and we get a lot of enquiries about it. One of the most frequently asked questions related to their income, i.e, they receive a basic salary and gets awarded company shares or bonuses, or they own the business and receive a minimum salary but receive dividends. Would their salary be assessed as equivalent to or higher than Australia’s Fair Work High Income Threshold (FWHIT)?

This issue was, previously, made more confusing when the Global Talent Visa EOI webform states that "Income includes salary, commissions, allowances, bonuses, investment dividends and other sources of personal income. For foreign income, calculate the Australian dollar amount using current exchange rates." This has now been changed.

When submitting an Expression of Interest (EOI) for the Global Talent Visa it is important to address that the applicant meets the salary requirement otherwise the EOI will most likely not be successful.

For those not familiar with the Global Talent Visa (subclass 858), it is a visa designed to attract high-performing, highly skilled and talented individuals working in particularly target sectors of Digitech, FinTech, Agri-food and AgTech, Health Industries, Defence, advanced manufacturing and space, Circular Economy, Resources, Energy, Infrastructure and tourism and Education.

“Earnings”

Ministerial Direction 89, give directions in relation to the processing of the Global Talent visa and gives the highest priority to applications submitted in relation to the above-mentioned sectors and where the primary applicant’s current earnings are an amount equal to or greater than the FWHIT or the applicant has received a job offer from and Australian employer with an annual salary equivalent to or higher than the FWHIT or there is evidence that the applicant is likely to attract a salary equal to or higher than FWHIT.

FWHIT is assessed with reference to ‘earnings’ as defined by section 332 of the Fair Work Act 2009 which states:

Global Talent Visa Update Late 2023

2023-12-04T15:44:53+10:30

Opportunity for you in the Global Talent Visa:

We’ve been working actively with the Global Talent Visa since it was introduced in November 2019. There have been quite a few changes in relation to the Department of Home Affairs' approach to the Expression of Interest and the Global Talent overall priority. It is no longer the top priority, which has gone to Nurses and Teachers through Direction 100.

The Global Talent Visa is taking longer, but there are still plenty of success stories. It is still a good option for those looking to go straight to Australian PR without needing to do a Skills Assessment, especially for those who are over 45 years old.

I want to give you an update on what’s been happening lately.

Expressions of Interest:

Expression of Interest is the toughest of the two stages. The need to demonstrate prominence and achievements in your field and earning capacity of at least the FWHIT currently AUD 167,500 are centrally important.

Some Expressions of Interest still receive priority; for example, we recently got priority for our client whose professional experience is in the area of education.

However, fewer priorities are being given, and overall, you would expect the Expression of Interest stage to take 6 to 12 months.

Australian Business and Significant Investor Visas Subclass 188 Closed - New Visa Expected in 2024

2023-10-06T16:37:35+10:30

The migration allocations for the year ending 30th of June 2024 have zero allocations for Business and Investor Visas. That signifies that there are no Business or Investor Visas available for this year, as illustrated in the chart below.

This means it will not be possible to get a state nomination for any of the four streams of the Business and Investor Visa Program.

The four streams of the Business Innovation and Investor Programme (BIIP) are:

Business Innovation stream
Investor stream
Significant Investor stream
Entrepreneur stream

Why did they close the Business 188 visa?

The Parkinsons’ Migration Review Final Report had several negative comments about the Business Innovation and Investor Programme. These negative comments included that the overall age of business Visa applicants is higher than other visas and that this could cause high medical expenses. Further, there were comments that 188 Visa holders had low incomes while in Australia.

In relation to the income point, we argue that this was based on accurate information that underestimated the range of income generated by Business Visa holders, including through their business and personal.

The migration review also recommends revisiting the allocation of places across the permanent skilled program. In particular, it suggests reconsidering the size and role of the Business Innovation and Investment Program (BIIP), noting more positive outcomes from the Significant Investor Visa.

Other visa options

If you do not want to wait until new Business and Investor Visas are announced, you may consider the Global Talent Visa.

To learn more about the Global Talent Visa and to explore your immigration options, please visit: https://www.workvisalawyers.com.au/services/global-talent-distinguished-talent-visas/global-talent-independent-visa.html

New Investor Visa opportunities coming from July 1, 2024

The Migration Review Final Report did mention some positive contributions by their Significant Investor Visa and suggests consideration be given to whether the BIIP is retained as a substantial program.

We expect a redeveloped version of the Significant Investor Visa to be introduced from 1 July 2024.

On page 66 of the report, there are suggestions that consideration should be given to whether the BIIP is retained as a substantial program: “We note that outcomes for the small Significant Investor stream have been stronger than for the remainder of the BIIP. If there is a desire to retain some element of the BIIP, consideration could be given to drawing on the relative strength of this stream in designing a niche investment visa product, much more sharply targeted to select migrants able to drive innovative investments or play a valuable role in the venture capital industry.”

It is expected that the new investor Visa will be similar to the current significant investor Visa and may require:

$5000,000 investment into a complying investment
Complying investments are yet to be determined by the federal government and may include a stipulated percentage of investment into venture capital.

While the 188 Business Innovation and Investment visa is a temporary visa, visa 188 holders can apply for permanent residency through the subclass 888 Business Innovation and Investment visa. Click here to discover more about the 888 Visa.

If you intend to invest in Australia, we can help you find the best Australian business visa options. Our team of experienced Immigration Lawyers and Migration Agents looks forward to assisting you. If you are interested in a Significant Investor Visa for Australia, please contact us.

Sources:

https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels

https://www.homeaffairs.gov.au/reports-and-publications/reviews-and-inquiries/departmental-reviews/migration-system-for-australias-future

https://www.homeaffairs.gov.au/reports-and-pubs/files/review-migration-system-final-report.pdf

How can Work Visa Lawyers help?

If you need help with this visa, Work Visa Lawyers can assist you.

Work Visa Lawyers is highly experienced in all parts of an employer-sponsored visa application process. We can assist with all aspects of the application and will provide an eligibility assessment before advising you to proceed with a 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.