Australian 2024/2025 Federal Budget and the Global Talent Visa

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.

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.

National Innovation Visa Australia 1

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.

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How to apply for an onshore and offshore Partner Visa in 2024

Partner Visa

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.

Book an appointment if you need assistance. 

Requirements for the sponsor

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:

  1. 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
  2. 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
  3. Nature of the household – this can include a joint responsibility for the care and support of children, joint living arrangements and shared housework responsibilities
  4. 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:

  1. 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.
  2. 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.
  3. 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.
  1. 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.
  2. 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.
  3. 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.
  1. 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.

For more information on partner visa, including the documents you need and common reasons for refusal, see Everything You Need to Know About the Australian Partner Visa.

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 Partner 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.

 

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Everything You Need to Know About the Australian Partner Visa

We've launched hundreds of partner visas over the years. With numerous aspects to consider, understanding the requirements and nuances of the application process is crucial. We aim to provide a guide, offering valuable insights into the Australian Partner Visa application, covering various aspects from types and stages to documentation, requirements, and common questions.

If you need to apply for a Partner Visa, please book an appointment here.

Types of Visas Related to Partner Relationships:

Currently, there are three types of visas related to partner relationships: the prospective marriage visa or Fiancée Visa, the partner visa offshore, and the partner visa onshore.  

Prospective Marriage Visa (Subclass 300): Designed for those planning to marry their prospective spouse in Australia and subsequently apply for an onshore partner visa. The evidence required for a prospective marriage visa is generally less. You need to demonstrate your intention to be in a spouse relationship rather than being in a spouse or partner relationship.  

Partner Visa Offshore (Subclass 309 and 100): For individuals in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, applying from outside Australia. Applicants applying outside of Australia will need to apply for an offshore partner visa Subclass 309 which goes to subclass 100 for permanent residency. 

Partner Visa Onshore (Subclass 820 and 801): For applicants inside Australia, the process involves obtaining a temporary partner visa (Subclass 820) followed by a permanent partner visa (Subclass 801).

Stages of Partner Visa:

If you are in a married or de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen and you are being sponsored by your partner, you might apply for a partner visa.  The relationship must be genuine and ongoing.

There are two stages to the partner visa:

Stage 1: is a temporary partner visa.

Stage 2: is a permanent partner visa. 

Both temporary and permanent partner visas allow you to work and study in Australia and you are eligible for Medicare. 

Documentation and Evidence:

We know that every relationship is different, and the Australian Department of Home Affairs may need different kinds of documents to assess your application. Include evidence relating to the nature of your household, recognition of your relationship by family and friends, and your joint financial commitments to each other. 

Married relationship: If you're in a married relationship, you need to provide a legal marriage certificate or registration from in Australia or another country. The marriage document needs to be authentic and legally valid. 

De facto relationship: There are two ways to meet the de facto relationship requirements. 

  • Number 1: being in a de facto relationship, which is mutually exclusive, and you've been with your partner for at least 12 months before you apply for the partner visa in or outside of Australia.  In most cases, this would mean you've been living with your partner for 12 months.
  • Number 2: register a relationship in an Australian state or territory.  This can allow an application to proceed when the relationship is less than 12 months old. 

You need to provide sufficient evidence to demonstrate that a de facto relationship exists between you and your partner. There are some exceptions to the 12-month rule. For example, if there's a child of the relationship. 

Same-sex couples:

Same-sex couples can apply for partner visas. They will need to demonstrate their relationship based on a married or de facto relationship. 

We’ve been successful with many applications for same-sex couples. 

Genuine and Continuing Relationship Criteria:

The Australian Department of Home Affairs has some standard criteria to assess a genuine and continuing relationship.  The main four criteria are:

  • Financial responsibilities: this could include a home loan, joint property, or rental property that is in both parties' names or an active bank account that has both parties' names. 
  • Evidence of a shared household: this could include things like bills and utilities. It could include evidence of living arrangements, and it could include things like shared financial responsibility for food and utilities.
  • Social commitment: this includes statements from friends and family which attest to you being in a relationship. It can also be shown by photos from social events. 
  • Commitment: this criteria includes considerations of how long the parties have been in a relationship and the future plans that the couple has. Such criteria might be addressed in a statutory declaration to help prove the application.

Providing strong evidence addressing these criteria is vital for a successful application.

Couple

How long does the process normally take?

Partner visa processing times can vary, typically ranging from six months to two years. Having strong evidence of your relationship can help with processing times. 

You can find the processing times at Home Affairs website: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times

Sponsor Requirements:

Sponsors must be of good character and provide necessary documentation, including police clearances. There are limitations on sponsoring more than one partner within a five-year period.

Main reasons for partner visa refusals:

  • Lack of supporting evidence of the relationship. 
  • Inconsistencies in the application, and in relation to the telephone interview with the department, if they hold one.
  • Not meeting schedule three requirements. This is about not having a substantive visa at the time of application.
  • Misleading social media posts and inconsistencies in those social media posts.
  • Sponsor problems, for example, failing to update Centrelink that they are in a relationship. 

How can you make an application strong? 

A successful partner visa application requires meticulous planning. You need to have a genuine and continuing relationship and ensure all the documents are provided as part of the visa application. 

How much does a partner visa cost?

The Australian partner visa comes with a significant application fee of $8,850, making it one of the more expensive visa applications.

Obtaining an Australian Partner Visa involves a thorough understanding of the process, careful documentation, and strategic planning. If you have questions or need assistance in applying for a partner visa, our team is here to help. Contact us for personalized guidance throughout your partner visa application.

Sources:

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/prospective-marriage-300

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 Partner 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.

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Global Talent Visa Update Late 2023

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.

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.

Read more about the Global Talent Visa

pexels andrea piacquadio 840996

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.

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Australian Immigration News - December 2023: Covid Concessions, Positive Reforms, and the Replacement of a Top Bureaucrat

Welcome to our Australian Immigration News – December 2023! In this blog, we will discuss the conclusion of Covid concessions, alterations in the Temporary Graduate Visa, positive reforms affecting Partner Visas, the opportunity for permanent residency for 482 and 457 visa holders, the replacement of a top bureaucrat, international student news, and the upcoming Government Implementation Plan.

End of the Covid Concessions

The Covid era for Australian Immigration is officially over. The concessions introduced during the pandemic to address travel challenges and support temporary workers in Australia have concluded as of November 25, 2023. Notably, periods of reduced work due to Covid-19 will no longer count towards meeting work experience requirements for new ENS/RSMS TRT stream nomination applications.

Changes in the Temporary Graduate Visa Program

Starting November 25, 2023, all applications for any stream of the Temporary Graduate Visa program must be lodged in Australia.

Positive Reforms for Partner Visas

Exciting reforms have been introduced for Partner Subclasses 309 and 820 visas. Applicants can now receive grants whether they are inside or outside Australia at the time of visa approval. Moreover, Subclass 309 Partner visa applicants can apply for merits review independently, no longer relying solely on the sponsor. This change enhances accessibility for family violence victims.

PR for 482 and 457 Visa Holders

Individuals holding 482 and 457 visas for at least 2 years may be eligible to apply for permanent residency. Those with occupations listed on the Medium or Short-term Skilled Occupation List can apply for the 186 PR Visa, meeting criteria such as Competent English and being under the age of 45, unless specific narrow exemptions apply. Read more here.

Home Affairs Public Servant Replaced – Michael Pezzullo

The governor-general terminated the appointment of Michael Pezzullo, head of the Department of Home Affairs, due to breaches of the Australian Public Service Code of Conduct. The hope is for a more accessible and efficient standalone Department of Immigration.

End of Indefinite Detention

The High Court's decision in NZYQ brings an end to indefinite detention for those unable to return to their original country of passport. Legislation imposing tough conditions on those released is expected to face a high court challenge.

International Student News

Plans are underway to impose caps and potential taxes on international students, likely in response to housing shortages and a rental crisis. As international education is a key industry, there is expected pushback.

Upcoming Government Implementation Plan

Stay tuned for the awaited release of the Government's implementation plan for migration reforms. The Parkinson report hints at significant changes, including point-based visa reforms, Business Visa changes, and the end of Student Visas needing to meet GTE.

 

Sources

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1147

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

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1136

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1057

https://www.pm.gov.au/media/secretary-department-home-affairs

https://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2023/37.html

 

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.

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Australian Immigration News October 2023: WA and Victoria Invitation Rounds, Positive China News and More

Stay up-to-date with the latest Australian immigration news! Subscribe to our YouTube channel for valuable insights on immigration topics that matter to you.

State Sponsorship 190 and 491 Visas

The Australian states are now open for sponsorship under the 190 and 491 visas. Check the eligibility criteria for your desired state or territory to see if you qualify.

We have some articles for more information: South Australia / Queensland / Victoria / New South Wales.

 

Victorian Invitation Rounds

Victoria recently held an invitation round, inviting professionals in various occupations, including Marketing Specialists and Accountants. Having high points for a job in Victoria with a good salary seems to be a relevant consideration from the Victorian Government.

The Victorian Government said that for offshore applicants they are only considering Health, Education, and Social Services.

Selection rounds will continue through September 2023, with the program closing in early 2024. Submit your Registration of Interest as soon as possible.

 

Western Australia

Western Australia also had the first invitation round for 190 and 491 visas. Some occupations invited were in priority WA Industries: building and construction; healthcare and social assistance; hospitality and tourism; and o education and training. The invitations were to people living in WA, living in other states, and offshore.

 

Employer-Sponsored 482 to PR in Two Years

If you have held a 457 or 482 visa for over two years, you may be eligible to apply for permanent residency.

Click here to read more about Permanent Residency for employer-sponsored 482 visa holders after 2 years.

 

Big news coming soon

It is expected that the Minister for Home Affairs will announce the plans for reforms in the next few days or weeks.

One of the changes that may be coming is Refining the Points test

In addition to points we have already covered; the table says better targeted skilled migration will:

  • Introduce new permanent skilled visa settings, including exploring a revised points test
  • The points reforms could include more points for skilled partners. 
  • A more granular system in terms of age and points, for example not losing 10 points when you turn 40. There is also the possibility of cuts to regional points.
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PR for employer-sponsored 482 visa holders after 2 years: Apply from November 25, 2023!

The Australian Government has announced changes that will allow short-term 457 or 482 visa holders to have a pathway to permanent residency in Australia after 2 years. If you have held and worked on a 482 visa for at least 2 years, you can apply from November 25, 2023.

Employers will be able to nominate holders of all Temporary Skill Shortage (TSS) 482 Visa, including Short-term and Labour Agreement streams. The nominated person will need to have held their TSS or subclass 457 visa(s) for 2 out of the 3 years before nomination.

Before, only Temporary Skill Shortage (TSS) 482 visa holders whose occupations are on the Medium and Long-term Strategic Skills List (MLTSSL) could apply for an Employer Nomination Scheme (186) visa under the Temporary Residence Transition (TRT) pathway after 3 years of full-time employment with the sponsoring employer while on a 457 visa or 482 visa.

Short-term 482 to PR 186

From November 25, 2023, the 186 Temporary Residence Transition stream will become available to the majority of 482 Temporary Skill Shortage visa holders. It will no longer be restricted to 482 visa holders with occupations listed on the Medium and Long-term Skilled Occupation List. In addition, the required length of employment with your sponsoring employer will be reduced from 3 years to 2 years.

If your occupation is on the Short-term Skilled Occupation List (STSOL), you will also be eligible to apply for the 186 Temporary Residence Transition after working in Australia for your employer-sponsor with a 482 visa for 2 years.

Victorious corporate man celebrating with his arms lifted in the air

Medium-term 482 to PR in 2 years

Previously, medium-term occupations required 3 years on a 482 visa to be eligible to apply for permanent residency. When the changes start, all 482 streams can access PR and the work experience requirement will now be reduced to 2 years.

Common medium-term occupations include roles such as Registered Nurse, Diesel Mechanic, Carpenter, and more.

Below we have summarised what the changes mean:

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South Australia's State Nomination Program is Open for 190 and 491 Visas

South Australia (SA) offers many opportunities for skilled migrants. With 503 occupations listed on the SA Skilled Occupation List and four available streams, you may be eligible to apply.

South Australian Graduates Stream

International graduates who have selected South Australia as their study destination are given preference within the General Skilled Migration program.

The criteria to apply include:

  • Have completed your qualification at a South Australian education provider
  • A minimum of 50% of your qualification must have been completed in South Australia
  • Must have resided in South Australia for at least one year during your studies
  • Have been residing in South Australia for at least the last 12 months
  • Have been working for the last 6 months, and be currently employed, in a full-time (at least 30 hours per week) job that is relevant to your nominated occupation

You can check all the criteria here.

Adelaide SA

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Employer Nomination Scheme visa: 186 Direct Entry vs. 186 Temporary Residence Transition Streams

The subclass 186 visa is a Permanent Resident visa which is available for qualified overseas workers who meet the requirements for one of the streams.

Requirements 186 Direct Entry Stream:

  1. Have an eligible occupation that is provided by the Department of Home Affairs. https://immi.homeaffairs.gov.au/visas/working-in-australia/skill-occupation-list
  2. Have relevant work experience unless exempt. The applicant is required to have at least 3 years of relevant work experience in the nominated occupation.
  3. Licensing, registration, or membership: The applicant must be licensed, registered, or a member of a professional body if it is mandatory in the state or territory the applicant intends to work in.
  4. *Have a positive skill assessment
  5. Be nominated by an Australian employer whose business is actively and lawfully operating.
  6. The applicant must be under 45 years of age when he or she applies unless the applicant is eligible for the exemption policy.
  7. Have at least competent English: Competent English (homeaffairs.gov.au)

Smiling businessmen listening to young female during interview

 

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7 Things You Need to Know About Australia’s 188C Significant Investor Visa (SIV)

7 Things You Need to Know About Australia’s 188C Significant Investor Visa (SIV)

Choosing to move to Australia is a very exciting decision – congratulations!  Now the question is, which visa is right for you?  If you are able to invest, the 188C visa otherwise known as the Significant Investor visa (SIV) may be right for you.  But what is it and how does it work?

 

CLICK HERE to know everything about the  Investor visa (SIV)

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1.     Why Would I Want the 188C SIV Significant Investor Visa?

The 188 Subclass is a group of visas for people looking to invest in Australia.  There are a number of visa types in this subclass which vary in their conditions based on the value of the investment made.  Compared to other business visas, the 188C has the following advantages:

  • No upper age limit;
  • No English language requirement;
  • No points test;
  • Able to bring eligible dependants (spouse/partner, dependent children up to 23 years old);
  • No academic qualification requirement;
  • No business management skills or fund management experience requirements;
  • May be applied for from within Australia or outside Australia;
  • Ability to extend visa (up to 8 years in total);
  • Flexible residential requirement (you need only reside in Australia 40 days per year);
  • Pathway to permanent residency.

Of course, the biggest attraction factor for many is that the 188C SIV offers successful applicants a direct pathway to permanent residency in Australia.

Work Visa Lawyers can help with your application for a 188C SIV Significant Investor visa.

 

 

Question head

2.     Who Can Apply for SIV Australia?

The 188C SIV Significant Investor visa is open to applicants with high assets and a high income, who are willing to make a AUD 5 million investment in Australia.

Key Criteria:

The applicant and/or their spouse must:

1. Have net personal assets of AUD 5 million;

2. Be nominated by an Australian state or a territory or the Australian Trade and Investment Commission (Austrade);

3. Be willing and able to make an investment of AUD 5 million into a complying significant investment fund.

 

 

Couple on beach

3.     How Do I Become a Permanent Resident?

188C SIV Significant Investor visa holders are eligible to become permanent residents of Australia if they:

  • Hold the AUD 5 million complying investment for 4 years;
  • Either spend 160 days in Australia, or their spouse spends 720 days in Australia; and
  • Are nominated by an Australian state or a territory, or Austrade.

Permanent Residency does not happen automatically though – you must apply for it!  At Work Visa Lawyers, we can help with this aspect of the visa process too.

 

 

Australian money

4.     What Happens To the Money I Invest?

One of the most common questions we get asked about the 188C SIV Significant Investor visa is, “what happens to the money I invest?”  Once you have signed up, your money is invested into managed funds which the Australia Government identifies as being beneficial to Australia.  These are used to boost the national economy.

The investment is split into:

  • AUD 500,000 in venture capital and growth private equity funds which will invest in start-ups and small private companies;
  • AUD 1.5 million in approved managed funds which must invest in new companies listed on the Australian Stock Exchange; and
  • a ‘balancing investment’ of at least AUD 3 million in managed funds.

Distribution of Funds 188C

The money must remain invested for at least 4 years, although it may be transferred to another complying investment during this period.

You remain the legal owner of the money during and after the investment period and if your investment grows, that growth belongs to you too (subject to Australian tax law).  Once the minimum investment period is complete, your investment is returned to you and you may use it as you wish.

Shopping

Of course, as with any investment, there is a chance of financial loss.  You should always obtain advice from an experienced lawyer and an independent  financial advisor before making this kind of decision*.  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 this decision.

 

 

5.     How Do I Apply For a 188C SIV Significant Investor visa?

If you meet the requirements in point 2, you can apply for a 188C SIV Significant Investor visa from anywhere in the world.  First, you will need to lodge an Expression of Interest (EOI) with either the state or territory in which you wish to reside, or with Austrade.  Work Visa Lawyers proudly recommends South Australia, but we can assist with your application to any state, territory or Austrade.  The state/territory or Austrade will assess your EOI and if you meet the criteria, they will nominate you for a Significant Investor 188C visa.  Once you are nominated, you will need to submit an application, complete with evidence that you meet the requirements.

To ensure your application is completed correctly and give you the best chance of success, you should engage an experienced immigration law firm like Work Visa Lawyers to draft and lodge your paperwork for you.

Applying from within Australia

If you are already in Australia and want to stay here while you wait for your 188C SIV Significant Investor visa application to be processed, you may need another visa for the duration, usually this will be a Bridging Visa.  There are 2 options depending on your situation.

-Bridging Visa A

Bridging Visa A (BVA) allows applicants to stay in Australia until a visa decision is reached. The BVA does not have a travel facility however, so should you wish to travel outside of Australia for any reason while waiting for your visa, you will need to apply for Bridging Visa B.

-Bridging Visa B

Bridging Visa B (BVB) allows applicants to leave and return to Australia whilst awaiting a decision on visa applications.  This visa is ideal if you have business or personal needs to attend to outside Australia, but wish to return.

Applying from Outside Australia

Applying from outside Australia is ok too!  Work Visa Lawyers has Immigration Lawyers and Registered Migration Agents available for consultation at a time that suits you via Zoom, over the telephone, or face to face in our Adelaide office.  Our staff speak many languages and we can arrange an interpreter if you would like one.

Zoom video conference call

 

 

6.     Who Is Applying For the 188C SIV Significant Investor visa?

Since the launch of SIV program in November 2012, the bulk of applications originated in the following 5 main countries and regions, primarily in Asia.  This is in part due to Australia’s geographical proximity to Asia, but Australia is also an ideal location for lifestyle, universities and healthcare, global business, and financial security.

Applications were from:

  • Mainland China, 84.8%
  • Hong Kong, 5.1%
  • Vietnam, 1.3%
  • Malaysia, 1.2%
  • South Africa, 1.1%

 Origins of SIV applications

 

 

7.     Changes Are Coming Soon!

This article is correct at the date of publication but changes are coming! In April 2023, the Minister Clare O'neil confirmed that the Business Innovation and Investment Program will not be abolished. However, a radical restructure is needed to attract highly skilled people who will create the future jobs for Australians.

 

 

Author:

Wendy

Wendy Guan, Registered Migration Agent at Work Visa Lawyers

 

 

Do you need help?

Staff

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.

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.

You can also subscribe our Facebook: WORK VISA lawyers


 

SOURCES:

https://www.homeaffairs.gov.au/research-and-statistics/statistics/visa-statistics/work/significant-investor-visa

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/business-innovation-and-investment-188

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How to get Australian PR as a Café or Restaurant Manager

PR as a Café or Restaurant Manager

Are you a Café or Restaurant Manager looking to migrate to or work in Australia?

Qualified Café or Restaurant Managers have visa options to migrate to or work in Australia as this occupation is in the different skilled occupation lists, meaning it is an occupation that is needed in Australia or there is a skill shortage that needs to be addressed.

The visa options for a café or restaurant manager, depending on the applicant’s circumstances, can either be employer-sponsored or under the general skilled migration (GSM).  

The visas available for a café or restaurant manager, depending on whether they are eligible includes:

Applying under the General Skilled Migration (GSM)

If you are applying under the GSM or the state-nominated visa, you need to:

  1. Check your eligibility first and checking if you have the required points needed.

Points are based on the following:

  1. Age
  2. English language skills
  3. Skilled employment/work experience (outside and in Australia)
  4. Educational qualifications
  5. Australian study requirement
  6. Specialist education qualification
  7. Credentialled community language
  8. Study in regional Australia
  9. Partner Skills
  10. Professional year in Australia
  11. Nomination or Sponsorship

 

 Please arrange an appointment for the best advice by clicking the button below.

Book an Appointment

  1. Get a positive skills assessment

The assessing authority for café or restaurant manager is VETASSESS.

Generally, to get a positive skills assessment the qualifications required is a s a qualification assessed as comparable to the educational level of an Australian Qualifications Framework (AQF) Diploma or higher (ANZSCO Skill Level 2).

To meet the assessment criteria, you should be able to meet any of the following:

  1. Have the minimum the comparable Diploma or higher AQF level AND highly relevant major field of study PLUS 1 year highly relevant employment duration OR
  2. Have the minimum the comparable Diploma or higher AQF level AND a minimum AQF Certificate IV level with highly relevant major PLUS 1 year highly relevant employment duration OR
  3. Have the minimum the comparable Diploma or higher AQF level PLUS 2 years highly relevant employment duration OR
  4. If employment is prior to the completion of the qualification at the required level - Have 4 years of highly relevant paid employment duration with at least 1 year of highly relevant employment within the last five years before applying PLUS have the minimum the comparable Diploma or higher AQF level. The remaining three years of pre-qualifying period may be within the last ten years.

 

  1. Submit your Expression of Interest

You do this through the Department of Home Affairs’ SkillSelect website. In your EOI you would need to provide the details of your:

  • Your English language test
  • Educational and qualifications
  • Skills Assessment
  • Employment history

This is where the points you are claiming will be calculated.

  1. State nomination

The requirements for each state and territory for state nomination differs. The process may defer depending on which state you want to sponsor you. Some states like Tasmania requires the applicant to submit their Registration of Interest and wait for an invitation to apply for state nomination.

  1. Invitation to apply for the visa
  1. Apply for the visa

If applying for an employer-sponsored visa

If you have an employer willing to sponsor you, you can look at the employer-sponsored visa options.

Subclass 494

If you are based in a designated regional area in Australia and have an employer who is willing to sponsor you, have at least 3 years relevant work experience then this visa may be for you.  This visa is valid for 5 years and after 3 years of holding this visa and upon meeting the eligibility requirements, you may be able to apply for the Permanent Residence (Skilled Regional) visa (subclass 191).

Subclass 482

If they have an employer who cannot find a qualified Australian worker to work as café or restaurant manager, then the employer may be able to sponsor you for the Subclass 482 visa – Short Term stream.  However, caveats apply for nominating a café or restaurant manager for this visa, that is, you will not be eligible if you work in a limited-service restaurant. Limited-service restaurants are those places such as fast food or takeaway food services, fast casual restaurants, drinking establishments that offer only a limited food service, limited-service cafes similar to mall cafes.

Subclass 482 visa holders may be sponsored by their employer for permanent resident visa, the  Employer Nomination Scheme (subclass 186) visa, after they have worked for their employer for at least 3 years full time while holding a sc-482 visa.

Subclass 186

As mentioned above, eligible subclass 482 visa holders may be able to apply for this visa if they have worked full time for their sponsoring employer for at least 3 years. Note that from 1 July 2022, eligible 457 and TSS – short term stream visa holders will be able to apply through the Temporary Residence Transition stream. The pathway will be accessible for two years from its commencement on 1 July 2022.

Alternative tiles:

  • Food and Beverage Manager
  • Restaurateur

Others occupation titles that might be consider:

  • Café or Restaurant Manager
  • Hotel or Motel Manager 
  • Hotel Service Manager
  • Accommodation and Hospitality Manager
  • Cook 
  • Chef
  • Pastry Cook

If you want to check if you are eligible for any of the above visas, please contact our office on (+61) 08 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

Or book an appointment with one of our experienced Immigration Lawyers and Registered Migration Agents here.

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

This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent (like Work Visa Lawyers) to form an informed opinion on your immigration matter.

 

 

 

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Seven migration policy reforms to address skills shortage for Australia's Future

Seven migration policy reforms to address skills shortage for Australia's Future

Why may Jobs and Skills Summit 2022 outcomes worsen Australia’s immigration systems and increase skills shortages?

*This article is written based on Immigration Lawyers’ view and suggestion on the current Migration plannings by the new Federal Government”

One of the major outcomes from the Jobs and Skills Summit 2022 is that the number of Australian Permanent Residency visas will be increased to 195,000 (an increase of 30,000), with additional funding provided to get through a backlog of visa applications.

As further discussed in this article, whilst not unwelcome these changes nevertheless fall acutely short in terms of actually addressing core problems.

The current Australian immigration system is not fit for purpose – the Australian Government needs to reform and modernise immigration policy.

This article will consider:

  • What are the skills shortages?
  • Why the Skills Summit outcomes will not actually fix skills shortages?
  • How can skills shortages be addressed through immigration policy reform?

If you want to know the likely outcome of the Skills Summit migration policy, then skip to the end of this article.


Table of Contents — Skills Shortages in Australia

Seven Policy reforms needed to address skills shortages

1. Need to add more lower skilled occupations to the skilled lists
2. Skills assessment requirements are out of touch with industry
3. Professional registration processes are too slow and cannot keep up with demand
4. Simplify and reduce costs with employer-sponsored migration
5. Integrity measures and protections against exploitation, including a new visa for vulnerable persons
6. Prohibitive effect of ‘Genuine Temporary Entrant’ requirement for Student visas
7. Regional Migration incentives for all skilled, business and employer visas
The Grattan Institute using migration to generate tax income will make skills shortages worse for businesses

 

Skills shortages in Australia - What does it really mean?


In considering how Australia’s migration program can be shaped to address skills shortages, the starting point is to consider whether the right question is asked about ‘skills’ shortages. Is this phrase used in honest and realistic terms?

The term ‘skills shortages’ can often be bandied about in the context of higher-skilled positions, for instance, engineers and doctors. Likewise, Australia’s current migration program is heavily skewed towards occupations classified at a higher skill level. The rationale is presumably that those highly skilled migrants fill complex/professional roles, and are more desirable and in demand.

Yet many of the skills shortages in Australia are actually for lower-skilled and lower-paid jobs. The shortages are especially critical for those occupations in regional locations – areas that are outside of the bigger metropolitan cities in Australia. 

Is the existing migration program equipped to resolve skills shortages?

Unfortunately, no, not according to the data. 

Based on the Skills Priority List, job vacancies data and projected employment growth, the Sydney Morning Herald recently published a forecast of the top in-demand occupations[1]

  1. Registered Nurses
  2. Software and Applications Programmers
  3. Aged and Disabled Carers
  4. Construction Managers
  5. Child Carers
  6. Motor Mechanics
  7. Retail Managers
  8. Chefs
  9. ICT Business and Systems Analysts
  10. Metal Fitters and Machinists

Indeed, this list demonstrates that Australia’s skills needs are nuanced. We urgently need a mix of skilled workers to fill higher-skilled and lower-skilled occupations.

Take for example the aged care sector, which has multi-layered workforce needs. Registered nurses must be supported by aged and disability carers as well as personal care assistants. Together they play a vital role in the day-to-day care of some of the most vulnerable members in our community.

 

Seven Policy reforms needed to address skills shortages

1. Need more lower-skilled occupations to the Australia Skilled Occupation Lists

One of the central problems with the current Australian migration system is the restrictive skilled occupation list, which is too focused on highly educated, tertiary-qualified occupations. There is a propensity to overlook the ‘lower level’ occupations when in fact, these are often the jobs that most need to be filled. Skilled lists for visas need to be amended to add occupations that have the biggest skills shortages, including Horticultural Workers, Aged and Disability Carers, and Child Care Workers.

The irony is that government ministers have sounded the alarm about dire aged care shortages, calling for quicker visa processing and more skilled or work visas for aged and childcare workers.

For those with firsthand knowledge of the system, this rhetoric only highlights the shocking and ongoing failures of the Australian migration program. Skills shortages in the aged care and agricultural industries are not new – these are problems that Australia has grappled with for decades and have significantly worsened during Covid-19.

Despite impassioned pleas from these desperately understaffed industries, aged carers and childcare workers are still nowhere to be found on Australia’s skilled occupation list. What good will faster visa processing do when aged carers cannot apply for at least an Australian working visa in the first place? 

These highly desirable workers are excluded from the mainstream skilled migration program. Since standard visas are not open to them, the only alternative for employer sponsorship visas would be sought through a Labour Agreement. This is a complicated, often costly and overly bureaucratic process – it can serve as more of a deterrent than a viable alternative. In the absence of other tangible options, Australia is likely losing many aged and childcare workers to forward-thinking countries that have readily accessible migration pathways.

There needs to be a broad sweeping shift within the Australian migration program to recognise the value of ‘lower-skilled’ occupations.

“Now more than ever they should be brought to the forefront instead of dismissed as outliers.”

Reform to incorporate crucial occupations such as child and aged carers into the mainstream program, creating clear pathways for them to keep working in Australia, would bring immense relief Australia wide.

Aged Carer to PR in Australia

The Australian Government must commit to policy reforms, rather than placing these issues in the ‘too hard’ basket and walking away. Shortages in the aged care and agricultural sectors are not new problems in Australia. This is a systemic conundrum that requires actual policies to address. Regrettably, the Australian Skills Summit 2022 largely avoided the difficult area of lower skilled and low-paid jobs that cannot be filled. This includes carer jobs, agricultural labor and a range of regional low-skilled jobs. These are important jobs that need to be filled - land must be cultivated and crops must be harvested. Farm workers and aged carers work tirelessly to feed and care for the nation.

On the critical need to prioritise visa pathways for lower skilled workers, Fiona Simson, President of the National Farmers’ Federation had this to say:

“While much of the discussion at the Jobs Summit centred on migration for highly skilled workers – which is undoubtedly a challenge for agriculture – we are still left wondering how we will plug the yawning gap in lower skilled workers.

“We know the PALM isn’t the answer in isolation. We know domestic workers aren’t here in the numbers we need. 

“We need appropriate visa pathways to bring in workers from around the world, and to ensure they’re having a positive experience in regional Australia.

“It’s as though people think if they just ignore this problem for long enough, it will just go away. History tells us it is only getting worse.”

“We know that we’re short at least 172,000 workers across our food supply chain. We’re seeing this manifest in higher prices and supply disruptions on supermarket shelves.

“This isn’t just a farmer problem anymore. It’s a burning cost of living and food security issue that needs urgent attention”.[2]

Ms Simson astutely draws attention to the fact that agriculture is the lifeblood of Australia. At the most fundamental level, we are reliant on the agricultural industry to meet our basic needs for food and produce. For this reason, skills shortages in this industry cannot be a problem left for future governments to address. Labor shortages lead to diminished production and wasted yields, with the end result being higher prices for goods. Taking action now to address the agricultural skills shortages will help stem the tide of inflation and afford much-needed relief in the cost of living for Australians.

In the end, we have two options:

  1. Either change the Australian Skilled Occupation List (SOL) to reflect the needs of the agricultural, aged care and childcare sectors, thereby bringing in skilled workers who are suitably qualified, experienced and willing to fill these occupations; or
  2. Apply pressure on the thousands of accountants and engineers on skilled visas (491 or 190 Visa) to complete government-funded courses to become carers and agricultural workers, and then persuade disgruntled migrants to fill these labor-intensive jobs.

2. Skills assessment requirements are out of touch with industry

General Skilled Migration visas (189/491/190) rely on skills assessment as a key starting point. Applicants must firstly obtain a positive skills assessment by the relevant skills assessing authority for their particular occupation.  The purpose of the skills assessment is to assess qualifications/experience and verify that an applicant has the skills that are standard to work in a relevant occupation. 

Skills assessments for certain occupations have been criticised for imposing unreasonably stringent requirements. For instance, the VETASSESS skills assessment requirements for a Crop Farmer are:

  • A Bachelor degree level qualification
  • One year of work experience. 

It seems absurd that an overseas farmer with 10 years of experience but no degree could not obtain a positive skills assessment.  Anyone in the agriculture industry would say that 10 years’ worth of experience is infinitely preferable to a degree and a year’s experience.

Whilst skills assessments make sense in the context of migrants whose qualifications were obtained overseas, it should not be required in some occupations for those who have obtained a recognised Australian qualification. This would enable the skills assessing bodies to allocate resources more efficiently.

Furthermore, the skills assessment process needs to be better funded and processed faster across the full range of occupations. Impediments should be removed to allow for an easier and accommodating skills assessment process. In comparison to the health and medical occupations, skills assessments for other skilled occupations such as Accountants are obtained much quicker.

As it stands, there are a select few assessing authorities with the power to assess applications and issue skills assessments. As one of the largest skills assessing authority, VETASSESS has a monopoly over this market.

=> If the Australian Government authorised more skills assessment providers, healthy competition could not only provide relief in the backlog of applications but also promote better service and efficiency overall.

3. Professional registration processes are too slow and cannot keep up with demand

A vital component of skills assessments for certain occupations (e.g. medical practitioners, pharmacists) is professional registration, a process that can take years for those in health and medical-related occupations. This is not only frustrating but incredibly ineffective and prevents doctors from being on the ground, working on the frontlines providing medical care.

Oftentimes registration is open a few times a year and missing a cut-off date means waiting months. Registration for General Practitioners can be stalled for years in some cases, all the while rural and regional areas continue to suffer from lack of access to basic healthcare services.

Dr Michael Clements, Rural Chair of the Royal Australian College of General Practitioners, echoes the pressing need to cut the red tape and remove unreasonable barriers to entry:

“Ask many GPs and practice managers, particularly outside of major cities, and they will tell you how difficult it can be to bring in a GP from overseas and get them set up to actually start helping patients. It can take up to two years and this time consuming process leaves many practices desperately short of GPs with nowhere else to turn.

“Let’s relieve the bureaucratic headache and provide more support for international Medical graduates so that more communities can bring in GPs from overseas without delay. No patients should be left behind, everyone deserves access to high-quality general practice care”.[3]

According to the Australian Medical Council, there are just 6 exam days scheduled each month from February to November 2023. Another prime example of the restrictive registration process in the health profession relates to pharmacists, with exams in 2023 scheduled for just 2 days in February and June, and 8 days in October.

Global Talent Visa program Australia high income high skilled talented worker 1

Medical boards need to be brought into the modern era and dispense with archaic processes. With the remarkably adaptive technology in this day and age, access and frequency should pose no barrier. Online exams surely can be conducted anywhere and delivered all year round.

The structures that we have in place are not conducive to enabling skilled workers to fill critical roles. Bureaucracy should not stand in the way, because Australians will only suffer for it. The devastating impact of the COVID-19 pandemic, causing Australia’s healthcare system to buckle under heavy strain, clearly demonstrates that Australia does not have years to wait.

4. Simplify and reduce costs with employer sponsored migration

Employer-sponsored visas are currently too complicated and require too much work experience from the applicant; there needs to be reform to allow for greater flexibility. 

Another measure that was introduced with good intentions is the Skilling Australians Funds (SAF) levy. The levy, which ranges between $1200 to $7200 for temporary visas and $3000 to $5000 for permanent visas, is charged upfront and can only be refunded in select circumstances.

This can lead to many employers being charged the full fee but getting no skilled worker if unforeseen changes occur.

In practice the SAF is an expensive aspect of employer sponsorship visas and acts as a barrier to entry for many Australian businesses. The effect has been not to raise more funds for training, but results in less applications and thus not as much funds generated. 

The SAF has serious issues similar to the fees for no service rendered that banks charged. One way to lessen the strain for employers is to lower the cost or charge the SAF on a pro-rata basis for each year of sponsorship, instead of requiring the entire amount to be paid upfront. Additionally, employers in critical sectors or regional areas would benefit from a reduced SAF levy.

Australian migration law states that those who have previously had a visa refused while they were in Australia can only further apply for very limited kinds of visas. This is known as a ‘Section 48 bar’ and primarily requires applicants who have a prior visa refusal to leave Australia and apply for another visa offshore.

Recognising the overseas travel difficulties arising from the pandemic, a legislative change was enacted in November 2021 which enabled those affected by the Section 48 bar to apply onshore for certain Skilled visas. Facilitating easier access to genuine pathways is in the best interests of both applicants and their employers. The simple solution to allow even more people in Australia to meaningfully participate in the workforce is to expand the list of exempt visa categories (such as the employer-sponsored TSS 482 visa). Permitting skilled migrants impacted by the section 48 bar to apply for demand-driven visas onshore will enable them to meet business needs and fill positions in many essential sectors.

5. Integrity measures and protections against exploitation, including a new visa for vulnerable persons

There is an inherent power imbalance when it comes to employer sponsorship. Since employers must shoulder the costs of sponsorship and nomination, this can create a burden on the employer and lead to undue expectations. Employer-sponsored visas should strike an appropriate balance between ensuring the sponsored worker does perform the role, whilst also ensuring visa holders are aware they can avail of workplace rights irrespective of their visa conditions and immigration status. Visa holders and migrant workers have the same workplace protections as any other employees in Australia, but greater education is needed.

Employer-sponsored migration carries sponsorship obligations and there is a sponsorship monitoring program in place to protect sponsored 457/482 visa holders. What must be underscored is that exploitation can arise with any form of visa, at any job and in any workplace. Within the realm of non-sponsored visas, exploitation can go unreported. Some of the worst areas of worker exploitation is within the largely unmonitored temporary visas. These include visitor and student visa holders, backpackers and the new 408 Pandemic Event visas.

In terms of existing protections for working visa holders, there is an initiative known as the Assurance Protocol. This aims to support visa holders in seeking help from Fair Work without fear of visa cancellation. However, the scheme still does not resolve the issue of what other visas an exploited person may apply for. 

If an employer is found to have engaged in wrongdoing, they may be fined or barred from further sponsorship. There are far more serious consequences for visa holders, who often fear having their visa cancelled and losing their path to permanent residency. The reality is that these visa holders who have breached their visa condition nevertheless remain vulnerable to visa cancellation if there are no other visas they can apply for.

Safeguarding the integrity of the migration system and visa holders’ rights is of paramount importance. The Australian Government ought to consider introducing a temporary visa for vulnerable persons to help those who have been, or are being, subjected to exploitation get back on track. There is an immediate need for an exploited person or vulnerable person temporary visa. The vulnerable person visa could also extend to victims of family violence (outside of partner visas) who are not covered under current legislation. Though this kind of visa would be difficult to design and implement, without it many victims of exploitation have no way to escape from an awful situation.

When someone in Australia is being exploited by their employer or sex trafficked, how can they bring this to the attention of the Immigration Department without exposing themselves to the risk of having their visa cancelled and being put in detention? The lack of visa options for people being exploited basically compels them to stay in the exploited situation and fortifies the unlawful practices of exploitative employers or sex traffickers. Having a concrete visa system would go a long way towards protecting vulnerable migrants, instilling trust so that they feel confident taking on jobs across all industries and coming forward when there is exploitation. 

Updates July 2024:

A reform has been put in place on July 2024 to cover some forms or exploitation, specifically workplace exploitation. See this link to the Workplace Justice Visa

6. Prohibitive effect of ‘Genuine Temporary Entrant’ requirement for Student visas

The international education sector is one of Australia’ largest export industries, contributing billions to the economy and supporting many thousands of education jobs throughout Australia. Australia benefits significantly from international education. International students also help alleviate hospitality job shortages through part-time work. Many successful Australian migrants of today originally came to Australia as international students.

Yet promising students are too often refused Student visas subclass 500 due to the dreaded Genuine Temporary Entrant (GTE) requirement. Essentially the GTE criteria requires applicants to demonstrate they genuinely intend to stay temporarily for their studies and will return to their home country. This entirely subjective requirement can deter international students who are weighing up their options. Considering countries such as the UK and Canada do not impose an equivalent GTE requirement, this renders Australia less attractive on a global scale.

GTE Requirement for International students

The inherent illogicality in the GTE requirement is that no one can foretell the future. An applicant may have a faint hope of settling in Australia one day, or later find that they love their job and seek a pathway to permanent residency in Australia. Even so, international students are expected to unequivocally declare they only intend to stay in Australia temporarily and prove they have incentives to return home.

The purpose of Student Visa 500 is to allow international students to pursue studies in Australia. It should be enough for students to demonstrate they have been offered enrolment in a course of study and have the financial capacity to pay their tuition fees and living costs.

Student visas commonly refused due to the confusing and highly arbitrary GTE requirement, are clogging up our already overloaded merits review bodies and courts. Recent statistics reveal that student visa refusals account for a staggering 34% of lodgements to the Administrative Appeals Tribunal (AAT).[4]

Removing the GTE requirement would revive Australia’s once thriving international education industry, boosting the numbers of international students and saving millions from students not having to pursue costly and time-consuming AAT and judicial review matters. 

7. Regional Migration incentives for all skilled, business and employer visas

Regional areas are undoubtedly hardest hit by skills shortages. To attract migrants to these regions, appropriate concessions should be built into all skilled or employer visas for facilitating access to Australian Permanent Residency while living and working in regional areas - for instance requiring work experience but no skills assessment.

A regional skills visa that is easier to access by a wider pool of applicants would serve as incentive for migrants to work and settle in regional areas.  Increasing the number of Australian permanent visas (Visa 189 and Visa 190) but failing to offer appealing incentives for regional-specific visas, means migrants are likely continue to seek employment opportunities in the more populated capital cities.

The Regional Occupation list (ROL) for the TSS 482 visa currently has no path to permanent residency. This means after four years in a regional area, visa holders are expected to return overseas, a loss to the regional area and a terrible policy setting.

Every new visa or visa reform should include a stream/variation, which makes it easier for applicants and sponsoring employers in regional areas. Incentives are needed to attract migration to these remote and regional areas, rather than a one-size-fits-all approach that includes Melbourne and Sydney.

 

The Grattan Institute using migration to generate tax income will make skills shortages worse for businesses

 

Recommendations recently put forward by the Grattan Institute are too narrowly focused on the economic value of migrants: through tax payment. Their model is to attract younger, higher-skilled migrants who earn high incomes and pay substantial taxes, in order to generate fiscal dividends in the long-term. Though these concepts could be fruitfully applied to certain Skilled visa categories, serious danger lies in adopting this model for our migration program as a whole.

The Grattan Institute have proposed abolishing the occupation list and moving towards a wage threshold set at $85,000 per year for the permanent skilled program. Rather than focusing on current labour-driven demands, the Grattan Institute is advocating for granting permanent residency to migrants in higher-earning jobs who are expected to pay more tax over their lifetime. Based on economic modelling, the Grattan Institute contends this reform would consequently boost the federal and state budgets by billions over the next decade.

Migrants of varying skill levels have a great deal to contribute to the workforce, economic and social fabric of Australia. Their intrinsic value does not boil down to income and generated tax revenue. If the Grattan Institute’s short-sighted policies are widely implemented, the harsh reality is hard-hit industries namely aged and disability care, childcare and agriculture will continue to suffer amidst rising shortages. We will end up with an influx of skilled migrants whose skills do not match our needs.

The Grattan Institute argues that by letting enough highly skilled migrants into Australia, all areas with skills shortages will benefit. Quite the opposite. More highly skilled migrants such as finance and engineering professionals, will not lessen the skills shortages but will instead add pressure on a range of sectors. Those highly skilled migrants will consume locally grown produce, enter their children into schools, and then eventually grow old and require care. What they WILL NOT DO is work as a carer or fruit picker.

Alongside this, the Grattan Institute is in favour of abolishing the Business Innovation and Investment program (BIIP) on the basis that applicants for these visas tend to be older, earn lower incomes and cost more in public services. This brings to mind an old idiom about not seeing the forest for the trees. The Grattan Institute’s model does not measure all the far-reaching benefits that flow from migrants who bring with them vast networks, business acumen and enterprising investments, all of which stimulate the economy, present exciting trade opportunities, and lead to the creation of hundreds and thousands of jobs in Australia.

Policy surely cannot be based on the barren premise that migration is all about revenue. Applying a narrow metric of income-earning potential and revenue misses the larger picture. At the heart of migration lies the core aims of driving economic activity particularly in our regional areas, job creation and of course, filling lower-skilled, difficult, and demanding jobs.

Conclusion: Act today or pay the price in future

Although the Australian Government has promised 35,000 more permanent visas and quicker processing, this “solution” could compound the problem and in fact exacerbate the skills shortages. Unless difficult areas in need of workers are directly targeted, especially aged care and agriculture, we are no closer to solving the skills shortages problem in Australia.

Having worked in the migration profession for a long time, I regret to say there are longstanding problems with the system that successive ministers have failed to address. Trickle down migration policy, while impressive in theory, does not work in practice. History has shown us that drastically raising the number of highly skilled migrants and shrinking other programs, including employer-sponsored migration, does not deliver people to where jobs are actually needed.

Simply granting more permanent visas, and faster, does not solve the problems Australia is faced with. Sensible reform either by adapting the existing system or creating clear new visa pathways, combined with timely processing, is needed to alleviate serious skills shortages. These are the major reforms needed:  

  • Add lower-skilled, in-demand occupations to the Skilled List
  • Re-examine the skills assessment requirement and improve professional registration processes, particularly for the health professions
  • Simplify employer-sponsored migration and remove entry barriers
  • Stronger protections against exploitation, such as a visa for vulnerable persons
  • Provide Regional Migration incentives for skilled, business and employer-sponsored visas

This is a real test of leadership. We call upon the Australian Government to heed the pleas of employers across Australia and seize this opportunity to modernise long neglected migration policies. If action is not taken, ultimately Australia will be stuck in a perpetual cycle of permanent visas for higher skilled migrants congregated in capital cities, all the while skills shortages in critical sectors (agriculture, healthcare, child and aged care) and regional areas continue to worsen.

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Author Profiles

chris johnston Chris Johnston, Principal Lawyer

Chris became an immigration lawyer in 2006 and founded Work Visa Lawyers in 2011.

Chris has served as SA State President for the Migration Institute of Australia (MIA) and a Director on the National Board of the MIA. The MIA is the peak professional body for migration professionals. As an active member of the MIA, Chris presently serves on its Regional Migration Subcommittee.

Chris stays abreast of policy changes and other issues relevant to the migration industry. Chris is a passionate advocate for regional employers and businesses. His prolific experience in the industry has given Chris unique insight into the issues that confront Australia’s migration program.

Learn more about Chris

trang vu Trang Vu, Lawyer

Trang became an immigration lawyer in 2015. Trang is a member of the Migration Institute of Australia and Law Society of South Australia.

Trang has a strong interest in migration reform, particularly in relation to combatting the exploitation of migrants.

Learn more about Trang

 

[1] David Crowe, The Sydney Morning Herald ‘The most in-demand occupations revealed as skills shortage strikes more industries’ 5 October 2022 <https://amp.smh.com.au/politics/federal/the-most-in-demand-occupations-revealed-as-skills-shortage-strikes-more-industries-20221005-p5bng2.html>.

[2] National Farmers’ Federation ‘Jobs Summit yields incremental gains, but a plan to fill 172,000 ag vacancies remains elusive’ 2 September 2022 <https://nff.org.au/media-release/jobs-summit-yields-incremental-gains-but-a-plan-to-fill-172000-ag-vacancies-remains-elusive/>.

[3] The Royal Australian College of General Practitioners ‘RACGP backs cutting red tape for foreign doctors’ 10 October 2022 <https://www.racgp.org.au/gp-news/media-releases/2022-media-releases-1/october-2022/racgp-backs-cutting-red-tape-for-foreign-doctors>.

[4] Administrative Appeals Tribunal ‘MRD detailed caseload statistics 2021-22’ <https://www.aat.gov.au/AAT/media/AAT/Files/Statistics/MRD-detailed-caseload-statistics-2021-22.pdf>.

Skills Shortages in Australia
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The 10 Best Courses to Study in Australia for Permanent Residency in 2023

Australia has been known for exceptional high-quality education and a quality lifestyle, with four of its cities – Adelaide, Perth, Melbourne, and Brisbane being in the top 10 livable cities the world over.

Australia is home to 43 universities, some of them in the world’s top 100 Universities.

Australia is a safe and welcoming country; most students want to settle in Australia and get Australian Permanent Residency.

It is to be mentioned here that only a qualification cannot get a Permanent residency in Australia; you would also need to work in your occupation for a year or two to secure PR options in Australia.  So, you must have a genuine interest in the subject you study, and you are willing to work in the area after completing your study.

Being in the migration industry long enough, we have seen many students push themselves into a course of study for PR purposes, and after a few months, they want to change their major because they did not have any interest in the subject.

To follow the article about “where I should study in Australia ”, international students may be in the middle of career pathway (Big cities with giant organizations and job opportunities to grow) and PR pathway (Regional areas with higher chances of getting permanent residency).

The 2 goals do not normally share the same way for most international students. So which states in Australia are the best for each type?

Click here to read the article >

Before choosing suitable courses to study, we may need to look at some points to understand better how you will get an Australian permanent residency.

There are two most popular visa streams to get Australian PR:

The standard requirements listed in those streams are:

  • Qualification of your study that meets the Australian Qualification Framework (AQF)
  • Postive Skill Assessment
  • Work experience in nominated occupation
  • English and Age requirements

Book an Appointment

Here we discuss a few courses from the Australian Permanent residency point of view.

Here are certain things you should consider about courses that can lead to Permanent Residency in Australia:

  • You must complete a minimum of two years of study in Australia, depending on the level or course of study.
  • Your study program should be CRICOS
  • You should apply for a PSWV (Post Study Work Visa 485) 485 visa or Temporary Graduate Visa 485 within six months of completing your course in Australia.
  • You must follow ANZSCO(Australian and New Zealand Standard Classification of Occupations) job descriptions.

 

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Australia Granting Easy Permanent Residence to Hong Kong Passport Holders

Australia Granting Easy Permanent Residence to Hong Kong Passport Holders

On 28 October 2021, new laws were released in Australia to make immigration from Hong Kong easier. The new Migration Legislation Amendment (Hong Kong) Regulations 2021 will allow Hong Kongers who are currently working or studying in Australia to achieve permanent residency quickly and easily.

This follows the changes already made in July to give Hong Kong applicants priority processing for skilled visas. 

Two pathways to Australian Permanent Residence will be available to both Hong Kong SAR passport and British National (Overseas) passport holders from 05 March 2022. 

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The All New 188 Entrepreneur Visa in South Australia - a path to permanent residency for the best business ideas

The All New 188 Entrepreneur Visa in South Australia - a path to permanent residency for the best business ideas

In September 2021 South Australia opened for applications for the 188 Entrepreneur visa and announced it had made some changes to the eligibility criteria which make it much easier to get.  Previously this visa was limited to applicants who had already secured financial backing for their businesses but the new version is much more accessible.  For the right person with the right business proposal, the Entrepreneur visa can offer a path to Australian permanent residency.


Background

The Business Innovation and Investment Program encompasses Australia’s range of business and investment visas.  It incorporates the 188 visa and all its sub-streams, and the 888 permanent visa.  Once an applicant has completed their 5 year stay on the 188 visa, if they have fulfilled the obligations of their visa they may apply for the 888 visa which grants them permanent residency.  There are multiple streams under each visa heading but today we’re looking at the 188 Entrepreneur stream, also known as the Entrepreneur Visa - a visa for ambitious business people wanting to start an enterprise in Australia.

 

What are the Benefits of the 188 Entrepreneur Visa?

The Entrepreneur visa allows you and immediate members of your family to live and work in Australia.  After 3 years you can apply for permanent residency and eventually, citizenship too. 

 

Who Is Eligible?

To be eligible for the Entrepreneur Visa anywhere in Australia, you must meet the Federal Requirements.  The Federal Requirements for the 188 visa are that you must:

Federal Requirements

  • Propose to undertake a business activity in Australia that will lead to the commercialisation of an innovative product or services in Australia
  • Have at least a competent level of English
  • Be nominated by a state
  • Meet the health and character requirements
  • Be under 55 years of age or be able to show your business will provide an exceptional economic benefit to Australia
  • Sign a values statement
  • Owe no debt to the Australian government, and
  • Not have previously had a visa cancelled or an application refused.

In addition to these, you must comply with any additional requirements of the state you intend to live in.  The South Australian Requirements for the 188 Entrepreneur visa are that you must:

South Australian Requirements

  • Intend to live in South Australia
  • Propose your business be based in South Australia
  • Be nominated by a Service Provider, and
  • Provide a detailed proposal for your Australian business.

 

Who cannot Apply?

Unfortunately, holders of certain visas are deemed ineligible to apply for the South Australian Entrepreneur Visa.  You will be immediately refused if you are a holder of a:

  • Student visa of any kind (including 500, 570, 571, 572, 573, 574)
  • 403 Temporary Work visa, or
  • 771 Transit visa.

 

Do I need to be in Australia to apply?

You can apply for the South Australian Entrepreneur visa from anywhere in the world! There is no need to be onshore.

 

Service Providers

In order to be eligible for the South Australian Entrepreneur Visa, you must be nominated by a Service Provider.  These Service Providers are a group of organisations dedicated to working with new and growing businesses. The Service Providers are:

 

What Types of Business does South Australia Want?

The proposed business must be likely to, in the opinion of the Australian Government, achieve the 888 Entrepreneur visa criteria within 5 years.  The criteria are divided into “Key Factors” and “Supporting Success Factors”.  You will need to demonstrate you are likely to meet either:

  • 2 x Key Success Factors; or
  • 1 x Key Success Factors and 3 Supporting Success Factors

Success factors

Remember, you don’t need to already be fulfilling these criteria – you just have to show that you are likely to fulfil them in the next 5 years.  As far as what your business actually does, it doesn’t matter so long as it is likely to fulfil the criteria.  There are 3 prohibited categories:

  1. Labour hire
  2. Residential real estate
  3. Purchasing an existing business,

And of course, your business idea needs to be legal and ethical.  So long as it fits the criteria and isn’t one of the prohibited categories, it could be anything from creative arts to space technology!

 

What about states other than South Australia?

The only other state that is accepting applications for the 188 Entrepreneur visa outside of South Australia is New South Wales (NSW) however the criteria for eligibility are higher in NSW.  In addition to meeting the Federal Requirements, the NSW Requirements are that you must:

New South Wales Requirements

  • Already have funding secured for your business project;
  • Funding must be secured from an approved entity (an Australian Government agency, publicly-funded research organisation, university, or an approved investor).
  • Be nominated by an approved NSW Startup Program;
  • Submit a detailed business proposal;
  • Commit to living and working in NSW; and
  • Have your business headquarters in NSW.

The difference here is that for an 188 Entrepreneur Visa in NSW, you must have already secured your funding. In South Australia, you need only show that you are likely to secure funding.

You can read more about the NSW program here.

 

How do I apply for the South Australian 188 Entrepreneur Visa?

The first step is to make an appointment to talk about your options with an experienced immigration lawyer or registered migration agent at Work Visa Lawyers who can go through the details of the 188 visa with you and make sure you are eligible, and that your intellectual property is protected.  If you meet the criteria, the next step is to commence discussions with one of the approved Service Providers (above) as you will need one of these groups to nominate you if you are to receive the Entrepreneur Visa.  If for any reason you do not meet the criteria, Work Visa Lawyers will assess your personal situation and advise what you need to do to qualify, or what alternative visa pathways might be available to you.

Being situated in Adelaide, South Australia, Work Visa Lawyers are uniquely positioned to help you with your South Australian Entrepreneur Visa application, and we would love to help you on your journey.

 

Australian Business and Significant Investor Visas Subclass 188 Closed - New Visa Expected in 2024! Read more here! 

  

Author:

Chris Johnston, Founder and Principal Lawyer at Work Visa Lawyers

 

Disclaimer

While every care is made to ensure this information is correct at the time of publication, it is subject to change without notice.  All information provided on this page is provided for purely educational purposes and does not constitute legal advice.  For advice on your personal situation, please speak with an Immigration Lawyer or a Registered Migration Agent.

 

Sources

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/business-innovation-and-investment-188/entrepreneur-stream

https://migration.sa.gov.au/visa-options/business-and-investment-visas/business-innovation-and-investment-provisional-visa#nav-requirements

https://www.nsw.gov.au/topics/visas-and-migration/business-and-investor/subclass-188e

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Why Is My Global Talent Visa EOI Taking So Long? Processing Times for Expressions of Interest in Australian GTV 858

Why Is My Global Talent Visa EOI Taking So Long? Processing Times for Expressions of Interest in Australian GTV 858

This article is regularly updated. Last updated: Friday, 12th January 2024

 

As a permanent residency visa with relatively short processing times, the Global Talent Visa is as close to the gold standard of Australian visas as you can get. So why is your Expression of Interest (EOI) taking so long?


Click here to learn the criteria for the Global Talent Visa

If you think you are eligible to apply for a Global Talent Visa, take 5 minutes to complete our free online Global Talent assessment form.
Our lawyers and registered migration agents will assess your eligibility and get back to you.

Applying for the Global Talent Visa is a two-part process. Eligible applicants are required to submit an EOI setting out how they fulfil the eligibility criteria and, if they receive an invitation to apply for a visa, they can then submit an application. The processing of the EOIs used to be from a few days to 3 months if prioritised.While The processing times have lengthened in the last few months and, the visa applications themselves are still being processed in a matter of weeks anywhere between 6-11 months (as of January 2024).

Consideration of EOIs, on the other hand, has slowed substantially in the last year. Due to the overwhelming popularity of the Global Talent visa, the Department is receiving far more EOIs than they can process quickly. As of the start of September 2021 the Department advised that they are still considering EOIs received in October 2020 – a backlog of around 11 months. However, the processing times of the EOI has improved and as of the start of January 2024, the EOIs being considered are those submitted in September 2023. 

Those who did not provide sufficient information and documentation may have their applications delayed.

Historically, EOIs for certain sectors have been processed faster than others – financial services and FinTech being the fastest at around 2 months and AgriTech the slowest at about 5-6 months. However, we are currently seeing a slowdown across all sectors. Based on what we are seeing, EOIs for applicants with a strong salary (>AUD250,000) are being decided much faster than those with a salary only marginally higher than the Fair Work High Income Threshold (currently, AUD167,500).

The Global Talent visa is still the best visa option available for eligible applicants and the sooner you get your EOI submitted the sooner it will be decided upon.

You can fill in your details in our online form here for a free assessment of your prospects of receiving an EOI for the Global Talent visa.

Read more about the Global Talent Visa Program here.

 

Do you need help?

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.

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.

You can also subscribe to our TikTok.  

 

Disclaimer

This information is correct at the time of publication but is subject to change without notice. All information provided on this page is provided for purely educational purposes and does not constitute legal advice. For advice on your situation, please speak with an Immigration Lawyer or a Registered Migration Agent.

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How Long Does A Global Talent Visa Take? Processing times for the Australian Global Talent visa

How Long Does A Global Talent Visa Take? Processing times for the Australian Global Talent visa

This article is updated regularly. Last updated: Friday, 5th January 2024

 

At Work Visa Lawyers, we understand that the Government’s processing times are important to your expectations and how you plan your life. Unfortunately, as with all visa processes, these are difficult to predict and are never guaranteed. We write about our experiences across many Global Talent visa applications, to help you to gain an understanding of the processing times which might lie ahead if you choose to pursue a Global Talent visa.

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Australian Agriculture Visa update

Australian Agriculture Visa update

In a media release from the Australian Government on 23 August, it has been confirmed that the Australian Agriculture Visa will go ahead in 2021. In the statement it was announced that new Regulations would be in place by the end of September 2021. Speculation about the promised visa has been widespread since Australia’s Minister for Agriculture, Drought and Emergency Management, David Littleproud, announced in June that it would be coming soon. We wrote an article about the Agriculture visa at the time of the announcement, based on Minister Littleproud’s assertions, but the scope of the visa seems to have expanded substantially over the last few months creating more places in more industries.

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How to Pass the Australian Citizenship Test

How to Pass the Australian Citizenship Test

If you're a Permanent Resident of Australia, congratulations!  You've already come so far and done so well.  But you're looking to take things one step further, you might consider becoming an Australian Citizen.  Citizens have the privilege of voting rights, financial assistance for education, government jobs, and protection from deportation.  It's definitely worth pursuing!  So how do you become a citizen of Australia?

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Changes to Australia Business Visas – 188 Innovation, 188 Investor, 188 SIV and 188 Entrepreneur

Changes to Australia Business Visas – 188 Innovation, 188 Investor, 188 SIV and 188 Entrepreneur

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:

Table 1

 

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.

Table 2

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.

 

Australian Business and Significant Investor Visas Subclass 188 Closed - New Visa Expected in 2024! Read more here! 

  

Author

chris johnston circle

Chris Johnston, Principal Lawyer and Founder of Work Visa Lawyers

  

Do you need help?

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.

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.

You can also subscribe to our Facebook: WORK VISA lawyers

 

SOURCES:

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