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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!

Click here to view the 128 new occupations.

Annual nominations

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?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your DAMA 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 Australian government announced the new Migration Strategy, bringing about significant changes across various visa programs, including student visas, graduate visas, employee-sponsored visas, Business and Investor visas, and Global Talent visas. These are reforms, so not everything is going to be positive for you. We will give you a realistic summary to help you plan your life. The housing crisis has cast a massive shadow and has a lot to do with these cuts.

The government aims to bring migration numbers back to sustainable levels. The forecast for 2023-24 is 375,000, reflecting a reduction of 65,000 compared to the previous year.

Student Visas:

The migration strategy has many suggestions for international students. The changes for students include:

• Increased funding for visa integrity
• Introducing a Genuine Student Test to replace Genuine temporary entrant (GTE)
• Preventing course swapping
• Scrutinise lower-quality education providers
• Reducing the types of courses eligible for student visas with a focus on retaining tertiary university courses
• Increasing minimum English language requirements in early 2024

The test score required for a student visa will increase from IELTS (or equivalent) 5.5 to 6.0.

The test score required for students undertaking an English Language Intensive Course for Overseas Students (ELICOS) before their main course of study will increase from IELTS (or equivalent) 4.5 to 5.0.

The test score required for students undertaking university foundation or pathway programs that deliver reputable English language training will be IELTS (or equivalent) 5.5.

Temporary Graduate Visas:

One of the significant changes in the Migration Strategy that will affect many people is related to the Graduate Visa. The modifications include:

• Reducing the age eligibility from 50 to 35 years of age
• Reducing the length of stay
• Preventing graduates from moving back to student Visas
• Increasing the English language proficiency requirements - The test score required for a Temporary Graduate visa will increase from an IELTS score (or equivalent) of 6.0 to 6.5
• The extension of post-study work rights will no longer be available. Only applicants who studied in a regional area will be eligible for an extension
• Graduate Visa streams will be re-named as ‘Post-higher Education Work’ and ‘Post-Vocational Education Work’ streams to be more descriptive for the relevant applicants
• The ‘Replacement Stream’ of the Graduate Visa and the subclass 476 visa will be abolished
• The processing times for the ‘Post-Higher Education Work Stream’ will be backed by a 21-day service standard
• The work experience requirement for a Temporary Skills Shortage visa will be changed to give Graduate Visa holders more opportunities to move on to a skilled visa and have faster pathways to permanent residency

General Skilled Migration (GSM) Visas and Points System:

There is discussion about a new points system, but no decisions yet.

This is quite frustrating for many students and temporary visa holders currently in the system. We will provide updates when we have any more news about the GSM Visas.

Three new types of Temporary Work Visas:

Focus on visas with clear pathways to Permanent Residency (PR), aiming to eliminate the concept of being 'permanently temporary.' Introduction of the Skills in Demand Visa with three pathways: Specialist Skills, Core Skills, and Essential Skills.

Specialist Skills: This pathway recognises highly skilled migrants are hugely beneficial to Australia’s national productivity, including through their support of critical sovereign capabilities and potential to grow the skills and expertise of the Australian workforce. The Specialist Skills Pathway will be available to applicants who meet the general eligibility criteria (for example, be nominated by an

approved employer, meet the health and character requirements) and who are:

• in any occupation except trades workers, machinery operators and drivers, and labourers
• earning at least $135,000 (the Specialist Skills Threshold)

Core Skills: Most temporary skilled migrants will come through the Core Skills Pathway, which is designed to bring in the skilled employees Australia needs now and, in the future, to ensure that we can provide ourselves with the goods and services we need to support our way of life. The Core Skills Pathway would be available, for example, Registered Nurses, and will include trades workers, machinery operators, and drivers. The general eligibility criteria are:

• Individuals with the occupation on the new Core Skills Occupation List

• Individuals with a salary at or above the TSMIT

Essential Skills: A pathway for lower-paid workers with essential skills. The Government is primarily considering the pathway in the context of the care and support economy, which has become essential to the quality of life of Australians.

The distinction between the Core Skills Pathway and Essential Skills Pathway could be defined by occupation and pay. For example, in the care and support economy, Aged and Disabled Carers would have access via the Essential Skills Pathway, but most Registered Nurses or Allied Health Professionals would have access via the Core Skills Pathway. Both pathways, however, will be regulated to ensure that Australia is receiving the skilled workers it needs and that the employees concerned are protected from exploitation.

Employee Mobility:

The ability for temporary workers to move between employers, to remove employer exploitation. If the employment relationship with a sponsor ceases, visa holders will have 180 days to find another sponsor and can work during this period (currently the period is 60 days).  Another change is about Trailing employer fees The Government will explore a model for employers to pay trailing charges and fees (e.g. monthly or quarterly) to make hiring a new migrant less onerous.

LMT Reform:

Reform in Labor Market Testing (LMT) requirements for the Temporary Skill Shortage (TSS) 482 visa, reducing the advertising requirements from three to two ads and removing Workforce Australia.

Priority for Regional Areas:

The government will collaborate closely with states and territories to enhance the precision in addressing regional population requirements. They will prioritize visas sponsored by employers in rural and regional Australia to enhance migrant pathways beyond cities.

They will review the regional migration settings and the Working Holiday Maker program to ensure migration supports development objectives in regional Australia and does not contribute to the exploitation of migrant workers.

Global Talent Visa:

The Global Talent program will focus on a select number of migrants in priority sectors who can make significant contributions to Australia.

With the new Specialist Skills Pathway, which will open new and streamlined pathways for highly skilled migrants, the Global Talent visa will be more sharply to a relatively small number of migrants who can make outsized contributions to the country.

Business and Investor Visas:

Potential closure of the Business Owner pathway, while the Significant Investor Visa program may continue with fine-tuning of investment options.

What will happen next?

The impact of these reforms will affect various sectors, including education, tourism, and hospitality. We are expecting reactions from some of these sectors.

The Home Affairs website publishes an Action Plan with a timeline for existing and new commitments. You can have a look at the full Action Plan to have an idea about when the changes will happen and plan your future in Australia.

All these reforms are new, and we are also awaiting more information. We will keep you updated as soon as we have any news. Follow us on our social media channels to stay informed with the latest updates.

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.

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/programs-subsite/migration-strategy/Documents/migration-strategy-action-plan.pdf

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

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.

10 points on the TSS 482 Visa:

1. Stages and Streams
2. Labour Market Testing
3. Training Requirements and Sponsor Obligations
4. Genuine Need for Position
5. The Annual Market Salary Rate (AMSR)
6. Skills Assessments and Work Experience requirements
7. Providing Complete Documents
8. School Fees and Giving Birth in Australia
9. Alternatives to the 482
10. Pathway to PR in Australia

 1) Stages and Streams In The TSS 482 Visa

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.

2) Labour Market Testing

While there are many requirements for the labour market testing, the most important features include:

• Advertising in at least three instances or mediums (one of which must be Workforce Australia)
• Running the job ad for at least 28 days
• Job ads must have been run in the last 4 months before lodging nomination stage
• Mentioning the salary of the position in the advert (If salary is less than $96,400)
• You may be exempted from the Labour Market Testing, if International Trade Obligations apply.

However, once the Skilling Australians Fund is implemented, 28 days of advertisement will be required.

3) Training Requirements and Sponsor Obligations

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.

4) Genuine Need for The Nominated Position

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.

5) The Annual Market Salary Rate (AMSR)

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.

6) Skills Assessments and Work Experience Requirements

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.

7) Providing Complete Documents

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.

8) School Fees and Giving Birth in Australia

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.

9) Alternatives to The 482 Visa

If your Occupation is not on the list or you do not have the experience:

• Labour Agreement –The Labour agreement process is usually extended and would require professional assistance.
• Other temporary work visas such as the 407 training visa or 400 specialist temporary activity visas might be considered.
• Partner visa - might be an option if you have an Australian Partner.
• Or the Student visa – to increase your skills, as Australian has world class education providers

This is not the full range of options, but just some of the most common.

10) Pathway to Australian Permanent Residency (PR)

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

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

Click the following blog for the information about the most recent changes annouced: 2020/2021 Migration Latest Updates

Tonight, the federal government will provide more details to allocate funding towards services and programs for the country for 2020 -2021 financial year.

The Federal budget 2020 will deliver an economic recovery plan in which Australian migration will be a key component.

Highlights

• Australian government will announce the Federal Budget 2020 tonight

• Migration program planning levels will be announced tonight

• Australian states & territories General Skilled Migration (GSM) will open soon

In support of the South Australian Government’s on-going response to the Coronavirus, Immigration SA is implementing visa eligibility criteria changes and will prioritise the processing and nomination of health and medical workers.  

Both the Marshall State Government and the Morrison Federal Government have acknowledged the need to urgently find more medical and health professions to join the Australia’s Healthcare System. 

Epidemiology experts are predicting there will be an intense as well as lengthy infection period for the Coronavirus. 

The Australian Government has introduced a new stream for people whose visas have expired or are about to expire.

The temporary visa subclass 408 is no eligible to Visa Applicant’s whose visa was held in the last 28 days and are unable to apply for the same visa or do not meet any eligibility criteria for another visa.

The purpose of the new visa stream provide a pathway for certain former and current holders of temporary visas to lawfully remain in Australia and who would otherwise be required to depart Australia who, but for the COVID-19 pandemic, are unable to leave Australia.

We have put together two videos discussing this topic and will continue to bring you updates as we all move the Coronvirus situation.

VIDEO 1 -Coronavirus - Australian Travel Bans, Student & Visitor Visa Holders Options and The Rush Back

The ACT 190

After several months the ACT 190 nomination program will reopen on 29 November 2018 with a new nomination process.

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 

The new subclass 482 TSS visa has replaced the subclass 457 visa.

This is the 10 Things you need to know about the 482 visa.

There has been a significant drop in Australia’s migrant intake this financial year so far, and the total numbers are expected to fall short of planned figures. The declining trend is continuing on from the last financial year, where overall visa approvals were down from the planned 190,000 to 183,000.

The migration program has been at a constant level (at 190,000) since 2012-13. Taking into account the actual permanent visas granted to 30 April 2018 of 138,086, it is estimated that the number of visas granted in total this 2017-18 financial year will likely be closer to 165,000. This is a significant drop from previous years and is the lowest in seven years.

The decrease is represented in most of the visa categories, however the drop is greatest in skilled independent and employer sponsored work visas. 

Key terms: Medium and Long Term Skilled Shortage List – MLTSSL – Short Term Skilled Occupation List – STSOL – Skilled Occupation Lists – 1 July Changes

Welcome to world of confusing skilled occupation lists. As we all know the Skilled Occupation List (SOL) and Consolidated Skilled Occupation List (CSOL) were replaced by the new Medium and Long Term Skills Shortage List (MLTSSL) and the Short Term Skilled Occupation List (STSOL) on 19 April 2017. Until 30^th June 2017 the change was essentially a change in name (and removal of 216 occupations). As of 1^st July 2017 we now have additional changes to the applications of the MLTSSL and the STSOL.

There are now different MLTSSL and STSOL for different visa programmes

Key terms: Migration Policy Changes – 1 July Changes – Subclass 189 Skilled Independent – Subclass 190 Skilled Nominated visa – Subclass 489 Skilled Regional Sponsored visa – Age requirements – English exemptions – MLTSSL – STSOL – Occupation Lists -

There are plenty of changes happening to the Australia migration programme on 1 July 2017. Here is a summary of the major changes affecting the most common visa subclasses.

Age requirements lowered for a number of visas!

The age limits of the following visas have been reduced to below 45 years of age:

At the time of application

- Subclass 186 Employer Nomination Scheme Direct Entry stream

- Subclass 187 Regional Sponsored Migration Scheme Direct Entry stream

At the time of invitation to apply

- Subclass 190 Skilled Nominated

- Subclass 489 Skilled Regional Sponsored

- Subclass 189 Skilled Independent

Previously it was announced that the lower age requirement was only applicable to the subclass 189 Skilled Independent visa application. The age limit does not apply to applicants for the NZ stream for the subclass 189 Skilled Independent visa.