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Welcome to our August Australian Immigration News, where we bring you crucial updates on changes in Australian immigration. In this edition, we cover a range of topics, including alterations to the 189 and 190 visas, state nominations, 408 pandemic visa, cash incentives offered by states for specific occupations, VETASSESS Skill Assessment, Parent visa program, English testing modifications, Aged Care Agreement and more. For detailed information on all visas, visit Work Visa Lawyers.
The Australian visa system offers several options specifically tailored for individuals in your age group. In this article, we will explore seven visa pathways that could open doors to work, live, or reunite with loved ones in Australia. From employer-sponsored visas with relaxed age restrictions to family-related pathways and investment opportunities, there are diverse options to suit your circumstances. Join us as we delve into the details of each visa, highlighting key requirements, concessions, and benefits. Please note that while this information provides a helpful overview, it is crucial to consult with an immigration lawyer or registered migration agent to obtain accurate and up-to-date advice based on your specific situation. Let's embark on this exploration of Australian visa options for individuals over the age of 45 and uncover the possibilities that await you.
The Designated Area Migration Agreement, or DAMA, is an employer-ponsored visa program that allows businesses in specific regional areas of Australia to sponsor skilled workers. Unlike other visa programs, the DAMA Visa has relaxed age restrictions, making it an attractive option for individuals over 45 but under 55. If you have can secure a relevant employer in designated regional area, this could be a viable pathway for you.
One of the notable concessions of the DAMA Visa is the relaxation of age restrictions. Unlike many other visa programs, the DAMA Visa can have an age concession for some occupations up until the age of 55.
In addition to age concessions, the DAMA Visa also offers salary concessions. The DAMA allows employers in designated areas to pay a salary that is below the Temporary Skilled Migration Income Threshold (TSMIT) which from 1 July 2023 will be $70,000. This means that employers can offer a slightly lower salary to sponsored individuals compared to other visa categories.
Another advantage of the DAMA Visa is the expanded list of skilled occupations available for sponsorship. The DAMA provides access to additional occupations that are not on the standard list of eligible skilled occupations for other visa programs.
These concessions and benefits make the DAMA Visa an attractive option for individuals over 45 who are looking to migrate to Australia and work in specific regional areas. If you have a job offer in a DAMA-designated area and meet the skill requirements, I highly recommend considering the DAMA Visa as a pathway for your migration.
This script provides an overview of the DAMA Visa and its concessions for individuals over 45. It is important to consult with an immigration lawyer or a registered migration agent to obtain accurate and up-to-date information based on your specific situation.
The Global Talent Visa is designed for individuals who possess exceptional talent or have outstanding achievements in specific target sectors. The target sectors are mostly tech focussed and are listed on screen.
The standard requirements for the GTV apply up until the age of 55.
After the age of 55, you must be of exceptional benefit to the Australian community. If you have the skills and experience that Australia needs, the Global Talent Visa might be the right choice for you.
The Temporary Skill Shortage Visa, commonly known as the 482 Visa, is an employer-sponsored visa that allows skilled workers to work in Australia for a temporary period. While there is no specific age restriction for this visa, it is important to note that sponsors need to demonstrate that they cannot find a suitable Australian worker for the position. If you have a sponsor and meet the skill requirements, the 482 Visa could be an option for you.
But the 482 is only a temporary visa. But in limited circumstances, it can lead to PR for those over 45.
The Employer Nomination Scheme or 186 visa can lead to PR for people over 45 in a limited number of circumstances.
There is an exemption for those earning a salary over the Fair Work High Income Threshold for three years straight.
There is an exemption for some occupations including Lecturers and scientists working for the government.
There is an exception for medical practitioners working in regional areas for at least two of the last three years.
The Partner Visa category allows individuals who are in a genuine and committed relationship with an Australian citizen or permanent resident to apply for a visa. Unlike other visa options, there is no age limit for the Partner Visa. If you are in a relationship with an Australian partner and can demonstrate the genuineness of your relationship, this pathway could be the right fit for you.
The Parent Visa category is available for individuals who have children who are Australian citizens or permanent residents. While there is no age limit for this visa, it is important to note that there can be significant processing times and financial requirements associated with this pathway. If you have children who are Australian citizens or permanent residents, the Parent Visa might be worth considering.
The Significant Investor Visa is a pathway for high-net-worth individuals who are willing to invest a substantial amount in Australia. To be eligible for this visa, you must have at least 5 million Australian dollars to invest in approved investments. Age is not a limiting factor for the Significant Investor Visa, making it an attractive option for individuals over 45 with significant financial resources.
Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.
Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.
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要将您的父母带到澳大利亚，您首先要滿足作爲兒女的擔保要求。作爲兒女，您需要：
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?
在澳求学多年，亦或当初孤注一掷到大洋彼岸寻求机遇， 拼搏奋斗多年终于拿到澳洲绿卡, 如今在澳洲终于安家立业， 唯一的遗憾却是常年不在父母身边，不能嘘寒问暖，不能端茶倒水。 人生最怕的就是子欲养而亲不待。让父母来澳洲生活，尽子女的孝道，成为了很多在澳华侨的心愿， 小编今天来为大家讲解父母移民签证，让大家尽早与父母来澳团聚!
Since this post was published the Department of Home Affairs has advised that these new sponsorship requirements will not be commencing from 17 April 2019 as was previously communicated. At this stage there is no timeframe for the introduction of these sponsorship changes.
In November 2018 we posted about new legislation that would significantly impact the process for lodging family visas. The new requirement that sponsors for family visas be approved before a visa application can be lodged will take effect on a yet to be dermined date. It will apply to all Prospective Marriage Visa, Partner Visa or Parent Visa applications lodged from this date.
Parents and Grandparents of Australian Citizens, Permanent Migrants, and eligible New Zealand citizens will be able to come to Australia and stay for up to 5 years per visit through the Temporary Sponsored Parent Visa (Subclass 870) and re-apply for another in 3 or 5 years from 1 July 2019.
The Australian Government had previously announced that it would be making changes to some of the requirements for parent visas. The most significant changes relate to the minimum income requirement for assurers (mostly the children) of visa applicants. The visas that would have been affected by these changes are both the temporary and permanent versions of the contributory parent visa (143 and 173), the contributory aged parent visa (864 and 884) and the non-contributory parent visa (103 and 804), as well as the ‘remaining relative’ (835) visa.
Under the changes, a single person wanting to sponsor their two parents would have needed an annual income of $86,607, up from $35,793, while a couple sponsoring two parents would need a combined income of $115,476.
Key terms: Mid-year Economic and Fiscal Outlook report – MYEFO – Social Welfare Benefits – Australia Permanent Resident – Family Tax Benefit – Paid Parental Leave – Carers Allowance – Assurance of Support – Partner Visa – Parent Visa
Australia has released its Mid-Year Economic and Fiscal Outlook (MYEFO) report and there are implications for new and prospective migrants to Australia. There are two changes proposed to be implemented on 1 July 2018, namely:
The residence requirements in applying for Australian Citizenship
Work Visa Lawyers has advised many people who cannot meet the residence requirements, due to having gone overseas for an extended period, to look after a sick and often terminally ill parents.
If someone spends more than one year outside of Australia in the last four, then they will not meet the residence requirements to be able to apply for Australian Citizenship.
There are a number of exemptions and discretions in relation to the residence requirement including where:
• Administrative error led to you becoming unlawful or not becoming a permanent resident.
• You would suffer significant hardship if a period of temporary residence is not counted as a period of permanent residence.
• You are a spouse, widow or widower of an Australian citizen, were a permanent resident, and maintained a close and continuing association with Australia during the relevant period.
• You have been engaged in activities of special benefit to Australia or work that required regular travel.
• You have completed the required amount of Defence services.
There is currently no discretion or exemption to allow persons to go overseas to care for sick parents, and still be able to apply for Australian Citizenship.
With the Australian Parliament back in motion, developments to the Australian visa programme have been announced in quick succession. Here are two recent news update that will be of interest to many.
Lower taxes, visa application fees and more for Working Holiday Visas holders
On 27 September 2016 The Hon. Scott Morrison MP, Treasurer for the Australian Government, released a media statement announcing a string of changes to the benefit of Working Holiday visa applicants and holders. The changes include:
- Lower taxes for working holiday visa holders
Taxable income | Tax on this income |
0 – $37,000 | 19c for each dollar over $0 |
$37,001 – $80,000 ($87,000) | $7,030 plus 32.5c for each $1 over $37,000 |
$80,001 ($87,001) – $180,000 | $21,005 plus 37c for each $1 over $80,000 ($87,000) |
$180,001 and over | $58,005 plus 45c for each $1 over $180,000 |
The $80,000 threshold is increasing to $87,000 for the 2016-17 financial year; tax paid calculation is based on the $80,000 threshold.
- Lower visa application fee for the working holiday visas
- A$ 10 million in funding to campaign for and attract youth around the world for the working holiday visa programme
- Allowing working holiday visa employees to stay with one employer for 12 months (instead of 6 months previously) provided the location of employment is different
Employers of working holiday visa holders will also need to register with the Australian Taxation Office (ATO) to withhold taxes at the 19 per cent tax rate. An additional A$ 10 million will be provided to the ATO and Fair Work Ombudsman (FWO) to address workplace exploitation of working holiday visa holders.
Working holiday visa holders will need to note that a 95 per cent tax applies for the Departing Australia Superannuation Payment (DASP), which will be effective from 1 July 2017.
New Temporary Visa for Parents to stay in Australia for up to 5 years
Assistant Minister for Immigration and Border Protection Alex Hawke recently announced the Department’s plan to introduce a new temporary visa for parents of Australian citizens, permanent residents and Eligible New Zealand citizens. Under the new temporary visa to be introduced parents who are sponsored by their Australian citizen, permanent resident or eligible New Zealand citizen child will be able to visit and stay in Australia for a period of up to 5 years.
The new temporary visa for parents is planned to be implemented in July 2017 and is currently at a community discussion stage. This means that details about the new temporary visa may change and the confirmed details may only be published closer to July 2017.
Information about the new temporary visa for parents currently includes:
- the validity of the visa is determined by the needs of the sponsor. As such the visa can allow parents to stay for one, three or five years
- the sponsor(child) must have resided in and contributed(be employed and paid taxes) to Australia
- the sponsor will need to demonstrate that they can support their parents in Australia
- the parents will need to have adequate health insurance
- a bond will be required for the duration of the visa validity
As mentioned this visa is currently not in effect and further details will be provided as they become available.
Sources:
Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers
The changes announced for the Working Holiday visa holders are a good direction in attracting skilled youth to visit Australia. The working holiday visa programme provides casual and seasonal workers for the agricultural industry and is a big help to Australian farmers. Making the working holiday visa attractive is important for the agricultural and tourism industry of Australia. The big u-turn to the originally planned backpacker’s tax is helpful for the working holiday visa programme.
The announcement of the temporary visa for parents is also a good direction in allowing families to spend more time with each other. However it is worth noting that in the Productivity Commission Inquiry Report on Migrant Intake into Australia, No.77 released on 13 April 2016, it is noted that the report finds that the contributory fee (currently A$ 43,600) for the subclass 143 Contributory Parent visas are deemed insufficient to cover fiscal costs of granting a parent visa. It is estimated that the fiscal costs for a single parent visa holder ranges between A$ 335,000 to A$ 410,000. Based on this finding we may see a significant increase to the contributory fee soon.
If the contributory fee for parents does increase, it may drive more applicants to apply for the new temporary visa for parents. Check back with Work Visa Lawyers as we will provide you with the latest changes about the parent visas as they become available.
This information is accurate on 30 September 2016
Do you need help with an Australian visa application?
At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as 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:
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Ceased visa classes Reopened - Parent, Remaining Relative, Aged Dependent Relative & Carer visas
Visa Classes Now Open
Senator Hanson-Young's disallowance motion against theMigration Amendment (Repeal of Certain Visa Classes) Regulation 2014, wassuccessful.
The visas which will be be reopened are the following classes:
Parent -Subclass -Subclass 103
Aged Parent- Subclass 804
Aged Dependent Relative - Subclass 114
Aged Dependent Relative -Subclass 838.
Remaining Relative- Subclass 115
Remaining Relative -Subclass 835
Carer-Subclass –Subclass 116
Carer - Subclass 836
They may not stay open long:
The visas are likely to be closed again by further government actions – so you may want to get in quick to lodge.
You should be aware:
Based on current processing times, the waiting periods could be many years.
Warning:This information is accurate on the 25 September 2014.
DIBP will change visa requirements in an ongoing manner and all current requirements must be established prior to lodging an application.
Sources:Migration Institute of Australia
Do You Need Help in Relation to Australian Visas?
If you require further information regarding Australian visa options you contact our offices on:
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or
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It has recently been announced that the Parent, Remaining Relative, Aged Dependent Relative & Carer visas will be ceased on 2 June 2014.
This is following on from the Australian Budget in which it was stated that the Australian government would be ceasing lodgement of new applications under the Other Family and Non-Contributory Parent visas will take place prior to the start of the 2014-15 programme year.
The visas which will be ceasing, based on the Federal Government announcement, are the following classes:
Parent -Subclass -Subclass 103
Aged Parent- Subclass 804
Aged Dependent Relative - Subclass 114
Aged Dependent Relative -Subclass 838.
Remaining Relative- Subclass 115
Remaining Relative -Subclass 835
Carer-Subclass –Subclass 116
Carer - Subclass 836
Comment from Chris Johnston: This is consistent with the Australian Federal Government having a focus on skilled migration.
I have previously commented on measures such as charging an application fee for each family member, being effectively anti-family.
The recent changes could also been seen as anti-family.
Warning:This information is accurate on the 01 June 2014.
DIBP will change visa requirements in an ongoing manner and all current requirements must be established prior to lodging an application.
Sources: Migration Institute of Australia
Migration Amendment (Repeal of Certain Visa Classes) Regulation 2014 - Select Legislative Instrument No. 65, 2014
Do You Need Help in Relation to Australian Visas?
If you require further information regarding Australian visa options you contact our offices on:
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or
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