From 14 October 2024, the Administrative Appeals Tribunal (AAT) will be abolished and replaced with the Administrative Review Tribunal (ART). Legislation to abolish the AAT and replace it with the ART passed the Australian Parliament in May 2024. The transition marks a significant restructuring of the administrative review process in Australia.
The key changes that are expected to take place as part of the transition include:
Implementing a transparent and merit-based appointments process
Appointment of additional members to address existing backlogs
Implementing sustainable funding arrangements
Implementing a single and updated case management system to address risks
Introducing procedural efficiencies and process improvements
Implementing support services and emphasise early resolution where possible
These reforms reflect a broader effort to modernize and improve the administrative review system in Australia, ensuring that it is more effective, efficient, and responsive to the needs of the public.
Common questions and answers
What happens to my appeal with the AAT?
If you have an ongoing appeal that you lodged with the AAT, you do not need to worry. All matters currently before the AAT will continue as usual and will automatically transition to the ART upon its commencement on 14 October 2024. This is to ensure continuity for applicants without requiring any additional actions from them.
Do I need to submit a new appeal application with the ART?
No, if you have an ongoing appeal with the AAT, you do not need to lodge a new application with the ART as your application will automatically transfer to the ART as part of the transition.
Is the AAT still operating until 14 October 2024?
Yes, the AAT will continue to consider applications until the commencement of the ART on 14 October 2024. Until the commencement, you can still lodge or manage applications and other documents through the AAT website.
Are all decisions made by the AAT still valid?
Yes, if you have an AAT decision that has already been finalised by the AAT, it will not be considered again by the ART.
We will provide further updates in relation to the expected changes as they are announced by the Australian government.
If you have an appeal and are unsure about how the changes may affect you, please feel free to contact us.
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.
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.
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.
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.
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:
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.
The South Australia (SA) Regional DAMA and the Adelaide City DAMA have been both extended and expanded.
The SA Regional DAMA now includes 128 new occupations from various sectors including construction, trades, agribusiness, ICT, health, education, and renewable energy.
We submitted suggestions to the Government of South Australia to include certain occupations on the DAMA list. We welcome the inclusion of occupations such as Registered Nurse in Child and Family Health, Registered Nurse in Disability and Rehabilitation, Winery Worker, Sheep Farm Worker, and others on the list.
The 'Winery Worker' occupation is a valuable addition, especially since South Australia has a strong wine industry.
Other important occupations added to the list include Truck Driver, Bricklayer, and Floor Finisher.
This is excellent news for those seeking permanent residency pathways!
The annual nominations for the SA Regional DAMA have increased from 750 to 2000, valid until June 30, 2025.
Concessions
South Australia continues to offer age concessions up to 55 years, a 10% reduction in the Temporary Skilled Migration Income Threshold (TSMIT), and other concessions in English and work experience.
South Australia DAMA Occupation List
The SA DAMA comes under two agreements which list eligible occupations and concessions available:
Adelaide Innovation and Technology Agreement: the occupations are restricted to employers in the Adelaide Metropolitan region. The only concession that applies to these occupations is that they all have a pathway to permanent residency, and include an age concession.
South Australian Regional Workforce Agreement: includes some occupations eligible to employers in the whole of South Australia and some occupations eligible for employers only in the postcode range 5220 to 5734 (non-metropolitan SA). The agreement includes a range of occupation-specific concessions concerning:
Skills and experience
TSMIT
English
Age
Permanent pathway
Review the lists to see if your occupation is eligible and what concessions apply.
Do you need help with an Australian visa application?
Australia is one of the top choices for foreign students when it comes to education. Although, studying in Australia is incredibly exciting and rewarding for student from all over the world, there are some things a student visa holder should not do while holding a student visa.
Here are 5 such things that a student visa holder should avoid doing:
Working more than permitted:
Student visa holders are allowed 48 hours per fortnight during their course is in session. Students are not allowed to work up until their course starts. Make sure you adhere to these limitations to avoid violating your visa conditions.
Not maintaining health insurance:
Overseas Student Health Cover (OSHC) is mandatory for the duration of your stay in Australia. Ensure you keep your health cover active and up to date to avoid any issues.
Not informing changes in circumstances:
If there are any changes in your circumstances such as change of address, or relationship status, you must inform the Department of Home Affairs within the specified timeframe.
Not attending classes:
Student visa holders are expected to maintain satisfactory attendance in their enrolled courses. Failure to attend classes regularly can lead to visa cancellation.
Not complying with any of the above may have a negative impact on your student visa. In some situations, your student visa may get cancelled.
For any advice specific to your situation, please contact us. We will be happy to help!
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.
With enrolment cancellations by institutions and rising refusals, international students have started to feel the impact of the Australian migration strategy released in December 2023, aimed at reducing migration levels.
Universities Cancelling Course Offers for Students
Recent news has revealed that some Australian universities are cancelling enrolment offers to international students. Several universities have taken the extreme step of writing to students whom they had approved but who were still waiting for their visas to be granted, requesting they cancel their enrolment. This is devastating for those who have an offer and are already envisioning their course in Australia. This has already affected many international students, causing frustration and disappointment with the sudden decision.
Why Are Universities Cancelling International Student Offers?
Some institutions have chosen to limit the countries from which they will accept applications to increase their visa approval rate. There are concerns from some universities that they might no longer be classified as low-risk entities by the Department of Home Affairs, affecting their standing and operations.
The migration strategy released in December 2023 included several recommendations for international students, such as increased funding for visa integrity, higher English language requirements, and more rigorous scrutiny of lower-quality education providers by ranking them based on their risk level.
It appears that universities are cancelling admission offers to safeguard their reputation and avoid a high number of visa rejections.
Increase in Student Visa Refusal Rates for Some Countries and Some Institutions
There has been a significant increase in the number of visa refusals, which is expected to rise further in the second half of 2024.
High refusal rates: Over the last 15 years, student visa application approval rates have consistently been above 90%. However, recent government figures reveal a decline to 82% last year, with the approval rate for vocational education even lower, dropping to 70% in the last six months of 2023.
Which countries have higher refusal rates? According to a report by The Australian Financial Review on January 30, 2024, there was a significant decrease in student visa approval rates for applicants from some countries, such as India with a reduction from 73% to 42%, Pakistan from 64% to 30%, the Philippines from 81% to 36%, and Nigeria from 71% to 29% over four months from June to September 2023, as noted by Craig Mackey of IDP Education Australia, an international education company offering student placement in Australia.
Ian Aird, CEO of English Australia, another international education company, mentioned that in October 2023, student visa grants from Colombia were down by 34.79% over the same comparison period in 2022. Approval rates for visa applications for the education provider English Australia, from Thailand and Brazil in October 2024 compared to the year before, also experienced declines, with Thailand's rate dropping by 89.99% and Brazil's by 46.82%.
However, approval rates for countries such as South Korea, China, Singapore, and Taiwan were at 90% or higher, possibly due to financial capacity and genuineness of intention to study.
Why Are There Higher Rates of Student Visa Refusal?
The government aims to reduce the net overseas migration number, from 510,000 in the last year to 375,000 this current year, and then to 250,000, which is regarded as the "normal" level. Much of the reductions will be in student visas.
The student refusals are mostly based on the Genuine Temporary Entrant Criteria (GTE). In many cases, the GTE rejection seems to hinge on the economic status of the student's home country, rather than the individual's qualifications or demonstrated intent to study at the institution.
Unfortunately, it is getting tougher both for education providers and with Home Affairs. If you need any assistance, please contact us.
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.
If you are thinking about applying for a partner visa in 2024, it is helpful to understand the Australian Department of Home Affairs’ (Department) current requirements and how it assesses a partner visa application.
Partner Visa Types and Stages
You can apply for a partner visa either onshore or offshore. Partner visa applications have two stages. The first stage is a temporary partner visa and the second stage is a permanent partner visa. Partner visa applicants become eligible to apply for the permanent stage of the visa two years after the date of application for the first stage of the partner visa.
If you are an applicant inside Australia, you will need to apply for a temporary onshore partner visa (Subclass 820) followed by a permanent partner visa (Subclass 801). Applicants applying outside of Australia will need to apply for a temporary offshore partner visa (Subclass 309) followed by a permanent partner visa (Subclass 100).
Requirements for the applicant
To be eligible to apply for a Partner Visa in Australia, an applicant must be in a genuine and ongoing married or de facto relationship with an eligible Australian citizen, permanent resident, or eligible New Zealand citizen. You must also meet all the other requirements for the visa including health, and character. This typically involves providing police clearance certificates and undergoing medical examinations, if required.
A sponsor for a partner visa must be an Australian citizen, permanent resident, or eligible New Zealand citizen. The sponsor must also meet the age, health, and character, and financial requirements. There are some limitations on sponsors, for example sponsors are barred from sponsoring more than one partner within a five-year period. For more information about these limitations, please contact us to speak to a Lawyer or Registered Migration Agent.
Requirements for the relationship
The Department needs to be satisfied that the relationship between the visa applicant and the sponsor is “genuine and continuing” therefore you will need to provide substantial proof of your married or de facto relationship. The Department considers the following four pillars in assessing whether a relationship is genuine and continuing:
Mutual commitment – this looks at the level of commitment between the couple and considers the duration of the relationship, length of time they have lived together, level of support they provide to each other and the couple’s future plans
Financial aspects of the relationship – this can include evidence of any joint ownership of property or assets (e.g. house, car, shares), joint liabilities (e.g. home loan or a rental property in both parties’) or shared finances like a joint bank account
Nature of the household – this can include a joint responsibility for the care and support of children, joint living arrangements and shared housework responsibilities
Social aspects of the relationship – this looks at whether the relationship is known and supported by the couple’s friends and family which can be shown through statements, support letter or photos. It can also include evidence of involvement in social activities together, joint travel, or joint invitations or attendance at social events
While it is important and helpful to provide evidence of all the four criteria in a partner visa application, the Department policy suggests that generally a relationship is assessed overall and takes into consideration all factors within the relationship.
Processing times
Partner visa processing times vary based on the subclass of the partner visa you are applying for and the specific circumstances of each application. Currently, onshore partner visa applications are being processed within 5 months to 3 years. Offshore partner visa applications are being processed within 11 months to 2 years. It is important to understand that these processing times may change. They are provided as a guideline only and some applications may fall outside of these processing times.
You can keep track of the Department’s processing times here.
Costs
The costs associated with a partner visa application in Australia can vary depending on the specific subclass of visa you are applying for. Additionally, the fees are subject to change, so it's important to check the latest information on the Department website or consult with us for the most accurate details.
Below is a breakdown of some of the costs you may need to consider:
Visa Application Charge (VAC): this is the main fee charged by the Department for processing your visa application. Currently, the VAC for an onshore and offshore partner visa is $8,850. This fee is for the main applicant only and excludes any additional or secondary applicants. If there are any secondary applicants for example, any eligible children then the Department charges an additional $4,430 for each additional application aged 18 and over and $2,215 for each additional applicant aged under 18.
Biometrics: If biometrics (such as fingerprints and a photograph) are required as part of the application process, there may be additional costs associated with this. The cost for biometrics varies depending on the location where they are collected.
Health Checks: You and your partner may need to undergo medical examinations as part of the visa application process. The cost of these examinations varies depending on the medical provider and the specific tests required.
Police Clearance Certificates: You may need to obtain police clearance certificates from any country where you have lived for 12 months or more in the last 10 years. The cost of obtaining these certificates varies by country.
Translation and Certification of Documents: If any of your supporting documents are not in English, you may need to have them translated by a certified translator. You will need to take into account any costs associated with translating your documents, if required.
Professional Legal Fees: You may wish to engage a Lawyer or Registered Migration Agent to assist you with your partner visa application. The professional legal fees vary based on each legal service provider. Please feel free to contact us if you need legal assistance with your partner visa application or would like to discuss our fees for assisting with your application.
Other Miscellaneous Costs: Depending on your specific circumstances, there may be other costs associated with the application process, such as postage fees, travel expenses for interviews or appointments, and obtaining additional supporting documents.
Embarking on a short-term professional venture in Australia? The Temporary Work Short Stay Specialist Visa Subclass 400 might be your golden ticket for those looking to work in Australia on a short-term basis. In today's blog, we'll explore the key aspects of this visa, its features, eligibility criteria, and why employers find it particularly appealing.
The Subclass 400 visa is designed for individuals who wish to work on specific, short-term projects in Australia. This could include activities such as specialized work, or projects related to critical industries.
It's a great option for those who need to be in the country for a short duration and have a specific skill set.
Short-Term Duration: This visa is typically granted for a short period, usually up to three months but can be up to 6 months depending on the circumstances. Your stay in Australia commences once you arrive and does not restart each time you travel.
Eligibility criteria:
Specific Work or Activity:
You must be invited to participate in a specific project, event, or activity, and your stay is limited to the duration needed for that particular task.
The work must be:
Highly specialised.
Non-ongoing work.
Will not disadvantage Australian workers.
Not for the entertainment industry – not acting, directing, performing, etc.
Specific work: While you're on this visa, you can work on the specific project or activity outlined in your visa application or applying linked to that.
Genuine Temporary Entrant:
You should intend to stay in Australia temporarily and have the means to support yourself during your stay.
Health and Character Requirements:
Like any visa application, you must meet health and character requirements.
Health assessments and police clearance are not commonly required for a 400 visa.
Some will require biometrics.
Why do employers like the 400 visa?
There are no sponsorship obligations for this visa.
There is no Skilling Australia Fee – SAF – for this visa.
The application only has one stage, as compared to longer-duration visas which often have three stages.
The application process for the Subclass 400 visa is relatively straightforward. The processing time varies, but in general, is between 8 to 20 days.
Need Help Applying for a Temporary Work Short Stay Specialist Visa Subclass 400?
Work Visa Lawyers can assist you in applying for a 400 visa. As one of Australia's largest immigration law firms, our professional team can guide you through the process.
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.
PR Visa Granted: Tips and Resources for Bringing Your Personal Items to Australia
After being granted a visa to Australia especially if it is for permanent residency, one of the things that migrants think about is whether they will bring any of their personal belongings that did not or cannot fit in with their allowable airline baggage allowance. Can they take their personal belongings with them when they go to Australia? What they can bring with them? How can they bring their personal effects to Australia? Should they ship their possessions or buy everything in Australia?
Bringing your personal and household effects to Australia can be tricky and may be expensive. There are many requirements and documents to be provided.
Australia has strict laws on biosecurity and quarantine especially those relating to food, plant and animal material. You should also note that there are restrictions on what you can bring into Australia and that permits and fees are required for certain items. The items you shipped may also be subject to inspection.
Unaccompanied Personal Effects (UPEs)
If you are shipping your household and other personal items to Australia and these items arrive separately to you, these items are referred to as Unaccompanied Personal Effects (UPEs).
Non-motorised caravans, boats and aircraft can also be considered as UPEs but subject to certain conditions.
Note that items like wood and other timber items may need to be treated before they can be ship to Australia.
What can you not bring to Australia?
The following are the items you cannot bring into Australia as personal effects[ii]:
fresh fruit and vegetables
live plants, bulbs, tubers, corms, and cuttings
prohibited and restricted seeds
unidentified seeds (including spices)
khapra beetle high-risk plant products
live animals (including pets) that require an import permit
biological products including some plant based, herbal medications
unprocessed goods of plant or animal origin
soiled goods, or goods containing organic residues
goods knowingly infested with pests or a disease.
If you are not sure if an item can be brought to Australia you can use the Biosecurity Import Conditions system (BICON)[iii]. The BICON system will let you know whether the item you are planning to bring to Australia:
Is permitted
Is subject to import conditions
requires supporting documentation
requires treatment
needs an import permit
UPE concession
If you are eligible, you may be able to avail of a UPE concession and your UPEs will be cleared customs control without requiring you to pay:
customs duty
goods and services tax (GST), or
other taxes and charges.
To be eligible for the UPE concession you must:
be a passenger or crew member of a ship or aircraft
have arrived from a place outside Australia, and
depending on the nature of the goods, meet permanent residency requirements
and the goods must be:
your personal property
suitable and intended for use by you in Australia
personally owned and used overseas by you for the specified length of time before your departure for Australia. For example, non-motorised caravans and trailers, and certain boats must be owned and used by you for at least 12 months before your travel to Australia.
You will meet the permanent residency requirements if you:
are an Australian citizen
hold a permanent visa
hold a special category visa.
Note that there are certain items that are not eligible for the UPE Concession. These include motor vehicles, alcoholic beverages, tobacco, etc.
UPE clearing
Your UPEs would need to be cleared. You need to provide a completed Unaccompanied Personal Effects Statement (B534 Form). This can be lodged in person (you will be required to under an Evidence of Identity check) or by electronic lodgment through the Integrated Cargo System (ICS).
Fees may be payable and there may be additional charges if the goods shipped needs treatment.
You can hire a reputable customs broker and/or freight forwarding company to help you with this process.
Tips when packing your personal effects:
When preparing your goods for shipping ensure that they are thoroughly cleaned and there are no traces of dirt or any foreign matter. For example, you need to scrub and wash to your shoes, sporting equipment, camping equipment, etc. Vacuum the carpets, rugs and mats. Make sure the items being shipped are thoroughly cleaned and dry.
The Australian Department of Agriculture, Fisheries and Forestry has the following advice when packing your personal belongings for shipping to Australia:
Make a packing list - Have a clear and complete record of everything you are shipping. Label all the boxes and record what is in each box. You also need a description of the items in the box, for example, wooden bed frame, plastic chairs, etc.
Australian authorities would be require this list.
Label and number your boxes.
It is advisable not to use second hand boxes especially if the box had been previously use to carry plant or animal product.
Pack items in groups. Items that potentially pose a biosecurity risk is best packed together to facilitate inspection by the biosecurity officer.
Safely pack your items. For example, wrap sharp objects like knives to prevent injury and do not back flammable items like fireworks or aerosols.
Trades Recognition Australia (TRA) is a skills assessment service for people with trade skills gained overseas or in Australia for the purpose of migration.
It offers skills assessment programs based on your occupation, country of passport, where you studied, and the type of visa you are seeking. There are 5 programs:
Provisional Skills Assessment (PSA)
This is for the 485 applicants. PSA must be completed before you can apply for the JRP.
Job Ready Program (JRP)
The JRP is an employment-based skills assessment program. It is for international student graduates with an Australian qualification that has been verified through a Provisional Skills Assessment. Applicants with positive outcomes can apply for a General Skilled Visa (Subclass 189/190/491) or an Employer Nomination Scheme Visa (Subclass 186) Direct Entry Stream.
Step 1: PSA
The applicant needs to complete the relevant course and
Have 360 hours work placement to be eligible.
Step 2: Job Ready Employment (JRE)
The applicant needs to demonstrate their visa which allows them to work full-time in the next 12 months.
From the date of application, the applicant needs to work in the nominated occupation for 12 months. You can change employer, but you need to register every employer that you work with.
You need to complete your logbook and the employer needs to sign it.
Once you completed 863 hours in 6 months, then you need to notify TRA to start Step three.
Step 3: Job Ready Workplace Assessment (JRWA)
You will be contacted by TRA recognized RTO to have an assessment in your workplace.
All the assessment is done in English, no interpreters are allowed.
Step 4: Job Ready Final Assessment (JRFA)
Completed Step three and have more than 12 months employment (not less than 1725 hours).
You will receive an outcome letter which can be used for GSM (491/190) application.
Temporary Skills Shortage (TSS) Skills Assessment
This is for applicants who would like to apply for a TSS Subclass 482 visa.
Step 1: RTO Documentary Evidence Assessment
This is to assess the evidence of your identity, qualifications (if any), skills and employment experience.
Step 2: Technical Interview
You will be required to participate in a technical assessment of your skills and knowledge. This will involve a technical interview of skills and gathering evidence from nominated employers or other referees, which may include documentary, oral, pictorial and/or video evidence.
Airconditioning and Refrigeration Mechanic* [342111]
Electrician (General)* [341111]
Plumber (General)* [334111]
Step 1: RTO Documentary Evidence Assessment
This is to assess the evidence of your identity, qualifications (if any), skills and employment experience.
Step 2: Technical Interview
You will be required to participate in a technical assessment of your skills and knowledge. This will involve a technical interview of skills and gathering evidence from nominated employers or other referees, which may include documentary, oral, pictorial and/or video evidence.
You need to demonstrate your skills in one of the RTO’s venues.
Migration Skills Assessment
This is for applicants who would like to apply for a General Skilled Visa (Subclass 189/190/491) or an Employer Nomination Scheme Visa (Subclass 186)
Common occupations to apply under this program are:
Electronic Equipment Trades Worker
Painting Trades Worker
Wall and Floor Tiler
You need to provide all the required documents directly to TRA through its online portal.
Obtaining a positive skills assessment is an important step in your Australian Visa application. If you are unsure of which authority is relevant for your occupation, or about the skills assessment criteria, we can help. Click here to book an appointment.
Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your skill assessment process and Australian visa application.
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.
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.
Western Australia (WA), South Australia (SA) and Victoria (VIC) are offering cash incentives for migrants for occupations in healthcare and construction. If you are a health worker or a construction worker, the opportunity is now. You can get the incentive if you move to their state and take up a job. If you have friends or family in construction or health care, then tell them about these amazing offers.
There are massive reductions of around 70% to all the state nomination allocations for General Skills Migration (GSM) for 190 and 491 visas. These allocations were released by the federal government on Thursday, August 25th.
We have created a chart to compare last year’s allocations with this year’s, and percentage cuts. The shocking overall numbers are that the combined state allocations for 190 and 491 visas in 2022-23 were 62,416, while for 2023-24, the number has reduced to just 16,700.
On 15 April 2021, the Minister for Immigration gave a directive to expand the definition of “character reasons” as a reason for visa cancellation. The new rule, Ministerial Direction 90, focuses on family violence and means some Australia visa holders who were previously ok to stay, could have their visas cancelled.
In a media release yesterday, NSW Treasurer Dominic Perrottet announced a plan to return international students to Australia in 2021. The plan will be funded entirely by local universities and will be in addition to the number of other passengers allowed to arrive per week (such as permanent residents and Australian citizens). 250 students from 14 NSW and ACT universities will be permitted to arrive in Sydney per fortnight. Once on Aussie shores, the students will be directed to private quarantine facilities for an isolation period before they are able to move freely in the community. The plan is expected to commence in the second half of the year.
They raised you, supported you, and loved you… and now in return, you want to bring them to Australia. They’re your parents. But what is the best way to get them here, and how much is it going to cost?
Minister for Immigration Alex Hawke made a statement on Wednesday 19 May on how the Business and Innovation and Investor Program will be changing in 2021. New rules commence on 01 July 2021 and although the legislation is yet to be released, the Minister’s statement gives us a good idea how the program will operate moving forward and how the changes will affect you, the investor.
What is the Business Innovation and Investment Program?
The Business Innovation and Investment Program provides a path for people to migrate to Australia on the proviso that they financially invest in the Australian market. This visa category is one of the fastest and easiest ways to get permanent residency and even citizenship in Australia. It also allows you to bring your immediate family to Australia, something other visas have not always made easy.
What Are the Changes?
The new legislation has not yet been released so we do not have a full picture of the new system, but based on Minister Hawke’s statement, the following changes will occur as of 01 July 2021:
The 132A and 132B Business Talent visas will no longer exist
The 188D Premium Investor visa will no longer exist
The ratios of the Complying Investment Framework are changing
The threshold for the 188B Investor visa is increasing from $1.5 million to $2.5 million
The 188B Investor visa will now have to invest in accordance with the Complying Investment Framework
The term of all 188 visas will be 5 years, but complying visa holders will be able to apply for permanent residency after just 3 years
In summary, the new visas under the Business Innovation and Investment Program are:
How do I get Permanent Residency?
Under the old rules, holders of the 132 Business Talent visa were granted immediate permanent residency. The changes are doing away with this visa and new applicants will have to spend some time as temporary visa holders before they can apply to become permanent residents of Australia. Previously, temporary visa holders in the 188 stream could stay for 4 years and apply for permanent residency at the end of those 4 years. This lead to something of a panic at the end of the 4 years, with visa holders scrambling to get paperwork formalised in time so that a visa extension would not be needed. In order to grant more flexibility, 188 visa holders now have a temporary visa of 5 years but can apply for permanent residency after 3 years, provided they comply with the requirements.
The requirements vary slightly from case to case, but generally speaking to comply with the 188 and qualify for permanent residency, you must:
Reside in Australia for at least 40 days per calendar year; and
Your investment must adhere to the rules of the Complying Investment Framework.
Complying Investment Framework
The Complying Investment Framework sets out how the funds must be invested. This framework has always existed for 188 visas but effective 01 July 2021, the percentages allocated into the various components will change.
The components are:
Venture Capital and Private Equity This is used to invest in Australian start-ups and small private companies.
Approved Managed Funds This is used to invest in new companies listed on the Australian Stock Exchange (ASX).
Balancing Investment the remaining total of investments can comprise any of the above 2 categories.
Perhaps the most significant change of the announcement, is that the holders of 188B Investor visa must now also comply with the Complying Investment Framework (CIF). Prior to this change, holders of the Investor visa could invest their funds into Australian Government bonds. The change has been made to ensure the money coming from investor visas goes to new businesses and creates local jobs. While the CIF is a slightly higher risk venture than government bonds, we hope that potential applicants can see the reasoning behind the change and that it does not dissuade them from their plans to move to Australia.
Entrepreneur Visa
The Entrepreneur visa is the lowest threshold investment visa, requiring an investment of $200,000. The Department of Home Affairs announced in December 2020, that the required assets of the applicant would increase from $800,000 to $1.25 million in July 2021, but yesterday’s announcement was silent on any further changes to this visa. We await the release of the new legislation which will give us all the details on whether anything else is different.
Tax Improvements
Historically, tax for investors in Australia has been needlessly complicated. Following the 2021-2022 Federal Budget announcements it appears the government intends to simplify the tax rules for visa holders. The Australian government plans to replace the existing framework with a new set of rules that are easy to understand and apply. This should reduce the cost of complying with the rules, and provide more certainty for investors.
One new rule is that any person who physically resides in Australia for 183 days or more in a year will be considered an Australian tax resident. Those who have been here for fewer than 183 days will have other criteria but the government assures us these will be simpler and based on measurable facts.
If Australian tax law was putting you off investing in Australia, it is worth revisiting the idea with your financial advisor.
What Now?
If you have the means to invest and you are considering a move to Australia, the Business Innovation and Investment Program remains one of the best pathways to entry, even after the changes. You don’t need to worry about things like points or skills assessments, you can bring your spouse and children with you, and you can apply for permanent residency – now in only 3 years! Of course this is a big decision and we recommend you speak to an experienced lawyer and an independent financial advisor * Make an appointment with Work Visa Lawyers today to discuss whether this is the right visa for you.
*Work Visa Lawyers are not financial advisors and cannot provide you with financial advice – you should also speak with an independent financial advisor before making any investment decisions.
The Australian Government has announced its budget for 2021-22 and the news for migrants and international students is seriously disappointing. With borders predicted to remain closed until mid-2022, Treasurer Josh Frydenberg has structured a budget with very few opportunities for immigration, and an annual Net Overseas Migration (NOM) figure of -72,000. It’s been 16 months since the WHO declared Covid a pandemic. China built a hospital in Wuhan in 10 days, so why can’t Australia build quarantine facilities in a year?
The Global Talent Visa is the Australian Government’s latest passion project with the nation more enthusiastic than ever to attract high-value enterprises and talented individuals to its shores. A new Taskforce has been created to locate and prioritise high talent individuals, and a new ministerial direction sets out which areas of expertise Australia is looking for.
New Zealand Prime Minister Jacinta Arden announced yesterday that travellers from Australia will be able to enter the country without mandatory quarantine starting 11:59pm on Sunday, April 18 New Zealand time.[i]
An exemption to travel restrictions, allowing people to leave Australia, will not be required for those travelling to New Zealand.[ii]
This bubble will effectively allow people to travel freely between Australia and New Zealand, subject to certain conditions.
On 30 Mar 2021 the Hon Karen Andrews MP was appointed as new Minister for Home Affairs.[1] This follows the previous Minister for Home Affairs the Hon Peter Dutton MP, being appointed as Minister for Defence the same day.[2]
The Hon Alex Hawke MP continues in his role Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs.
