Immigration Lawyers and Migration Agents

Your Australian Visa Our Focus

In December 2023, the Australian government announced a new Migration Strategy, introducing significant changes to various visa programs, including the Graduate Visa.

The reforms are set to impact many people currently studying in Australia, prospective students, and the education sector, as the substantial reduction in age eligibility could make Australia less attractive for those seeking study opportunities and a pathway to Permanent Residency.

Changes to the 485 Temporary Graduate Visa are proposed to be implemented on the 1^st of July 2024 and include: 

Graduate Work stream

• The Graduate Work stream will be renamed to the Post-Vocational Education Work stream.
• Maximum eligible age will be reduced from under 50 to 35 years of age or under.
• Applicants are allowed to remain for a maximum of 18 months.
• Hong Kong and British National Overseas passport holders who are under 50 years of age will remain eligible.
• Hong Kong or British National Overseas passport holders may be able to stay for up to 5 years.
• Applicants must hold an associate degree, diploma or trade qualification, closely related to their nominated occupation on the Medium and Long-term occupation list.
• Applicants with a degree-level qualification or higher are no longer eligible for this stream and must apply through the Post-Higher Education Work stream instead.

Post-Study Work stream

• The Post-Study Work stream will be renamed to the Post-Higher Education Work stream.
• Maximum eligible age will be reduced from under 50 to 35 years of age or under.
• Hong Kong and British National Overseas passport holders who are under 50 years of age will remain eligible.
• The 2-year extension for selected degrees will be discontinued.

Stay periods:

• Bachelor degree (including honours) – up to 2 years
• Masters (coursework and extended) – up to 2 years
• Masters (research) and doctoral degree (PhD) – up to 3 years.

Hong Kong and British National Overseas passport holders may be able to stay for up to 5 years.

Stay periods for Indian nationals, as agreed in the Australian Indian – Economic Cooperation and Trade Agreement (AI-ECTA), remain as:

• Bachelor degree (including honours) – up to 2 years
• Bachelor degree (with first class honours in STEM, including ICT) – up to 3 years
• Masters (coursework, extended and research) – up to 3 years
• Doctoral degrees (PhD) – up to 4 years.

Second Post-Study Work stream

The Second Post-Study Work stream will be renamed the Second Post-Higher Education Work stream, with no additional changes to the stream.

This visa is designed for individuals holding a Temporary Graduate visa (from the first Post-Study Work stream or Replacement stream) who earned their degree from an Australian institution in a regional area. It allows you to live, work, and study temporarily in Australia.

To apply for this visa you must:

• Be under 50 years of age.
• Currently hold a Temporary Graduate visa in the post-study work stream or have held one previously in the replacement stream.
• Possess a degree from a CRICOS-registered course at an institution in an eligible designated regional area, which was the basis for the first Temporary Graduate visa.
• Have lived in a designated regional area for a minimum of two years prior to applying.

Replacement stream

The Replacement stream will cease.

What can you do now?

With the changes, it seems there will be no transition provisions for those currently studying in Australia who are over 35 years old. Unfortunately, this is particularly concerning as many people over 35 are nearing the completion of their courses and will not be eligible to apply for the Temporary Graduate Visa after July 1st.

Applicants no longer eligible for the Post-Vocational Education Work stream or the Post-Higher Education Work stream due to the age reduction may still qualify for other visas, such as the Employer-sponsored 482 or 494 visas, the 407 Training Visa, or Skilled Visas 189, 190, and 491, among others.

If you are over 35, you might need to explore other potential visa options upon completing your studies. Please book an appointment with us; we are here to help.

Do you need help with an Australian visa application?

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

Based in Adelaide, South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

Sources: 

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

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

What are the 5 best courses to study in Australia in 2024 to obtain Permanent Residency?

Australia is home to 43 universities, some of which are among the world's top 100. Australia is a safe and welcoming country attracting many students who want to settle in Australia and obtain Australian Permanent Residency. So, let's get started!

After completing their studies, there are two main visa paths students can follow to obtain PR:

• Skilled Visa (Subclass 189, 190 and 491)
• Employer-Sponsored 482 and 494 Visas
• DAMAs

The courses we are mentioning have strong options in both paths. If you are interested, please book an appointment here.

Number 5: SOCIAL WORK OR COMMUNITY SERVICES

Social work is becoming increasingly popular for securing permanent residency in Australia.

• A bachelor’s degree in Social Work is usually a 3-year degree with a tuition fee of roughly AUD 18,000 per year.
• Ensure the degree you enrol in is accredited by the Australian Community Workers Association (ACWA).
• Social Work is on the medium-term list and can lead to a Skilled Independent visa or 190 or 491. Employer sponsorship is also an option.
• Under a Ministerial Direction, Social Work currently receives priority processing.
• Skills assessment: The Australian Association of Social Workers (AASW).

Number 4: CARPENTER

With a shortage of houses in Australia, the Government is encouraging the construction of more houses. Carpenters are in high demand in terms of employability:

• Diploma-level qualifications related to Carpentry is a two-year course with a tuition fee of approximately AUD 10,000 per year.
• This is a very good option if you are looking for a trade course that may lead to PR.
• Trade occupations must complete a job-ready program to get a positive skill assessment from TRA with a minimum of 12 months of full-time work experience or equivalent.
• Be aware that graduates of trade courses can only obtain an 18-24 month temporary graduate visa 485.
• Skills assessment: Trades Recognition Australia (TRA).

Here are some common types of carpenters in Australia:

• Joiner carpenter
• Framework carpenter
• Formwork carpenter
• Green carpenter

Number 3: CIVIL CONSTRUCTION DESIGN

• Advanced Diploma in Civil Construction Design is a two-year course with a tuition fee of roughly AUD 12,000 per year.
• One of the advantages of the course is that you can get a skills assessment done by Engineers Australia without any work experience and apply for a 485 Graduate Visa, and then further for any of the GSM visas.
• The occupation related to this course is on the medium- and long-term skills list, which means that this occupation is eligible for all three GSM visas, including 189, 190, and 491.

After obtaining this qualification, potential job roles may include:

• Civil Engineering Technician
• Civil Engineering Design Draftsperson
• Civil Engineering Draftsperson
• Senior civil construction designer
• Structural Engineering Drafting officer
• Road Design Draftsperson

Number 2: TEACHER

 A Bachelor of Teaching is a 4-year degree with a tuition fee of approximately AUD 18,000 per year.

• For those with a relevant degree, a Master of Teaching is a two-year course.
• Teachers are on the medium-term list with several PR application options, and they are also a high priority in processing, similar to Registered nurses.
• Different universities have different admission criteria, so be sure to check with us if you are interested in this course.
• Under a Ministerial Direction, Teaching currently receives priority processing.

Skills assessment: Australian Institute for Teaching and School Leadership (AITSL).

To work as a teacher, you will need to register as a teacher after completing your course.

In-demand teachers in Australia include:

• Early Childhood (Pre-primary School) Teacher
• Middle School Teacher
• Primary School Teacher
• Secondary School Teacher
• University lecturer
• Special Education Teachers

Number 1: REGISTERED NURSES

Registered Nurses have the highest priority in processing.

• Registered nurses are on the medium-term list with several PR application options such as Skilled Visa (Subclass 189, 190, and 491), Employer-Sponsored Visa, and DAMAs.
• A Bachelor of Nursing is a 3-year degree with a tuition fee of roughly AUD 30,000 per year.
• One of the basic requirements for enrolment in this course is an English test result equivalent to IELTS 7 bands in each module.
• Skills assessment: Australian Nursing & Midwifery Accreditation Council (ANMAC).

As a Registered Nurse, you may choose from various specialties, including:

• Aged Care
• Mental Health
• Critical Care and Emergency
• Medical
• Perioperative
• Midwife

GUIDE TO OBTAINING PR AS A REGISTERED NURSE IN AUSTRALIA

Many more course options can provide you with a pathway to permanent residency. Please contact us if you are looking for something that suits your career needs.

In December 2023, the Australian Government introduced in the Migration Strategy the Skills in Demand Visa with three pathways: Specialist Skills, Core Skills, and Essential Skills. The new Skills in Demand visa will replace the Temporary Skills Shortage 482 Visa and provide more flexibility to workers and employers. The Skills in Demand Visa are set to be implemented in late 2024.

Do you need help with an Australian visa application?

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

Based in Adelaide, South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

PR Visa Granted: Tips and Resources for Bringing Your Personal Items to Australia

After being granted a visa to Australia especially if it is for permanent residency, one of the things that migrants think about is whether they will bring any of their personal belongings that did not or cannot fit in with their allowable airline baggage allowance. Can they take their personal belongings with them when they go to Australia? What they can bring with them? How can they bring their personal effects to Australia? Should they ship their possessions or buy everything in Australia?

Bringing your personal and household effects to Australia can be tricky and may be expensive. There are many requirements and documents to be provided.

Australia has strict laws on biosecurity and quarantine especially those relating to food, plant and animal material. You should also note that there are restrictions on what you can bring into Australia and that permits and fees are required for certain items. The items you shipped may also be subject to  inspection.

Unaccompanied Personal Effects (UPEs)

If you are shipping your household and other personal items to Australia and these items arrive separately to you, these items are referred to as Unaccompanied Personal Effects (UPEs).

UPEs can include the following:

• clothing and footwear
• personal hygiene and grooming items
• furniture
• appliances
• sporting equipment, and
• books^[i]

Non-motorised caravans, boats and aircraft can also be considered as UPEs but subject to certain conditions.

Note that items like wood and other timber items may need to be treated before they can be ship to Australia.

What can you not bring to Australia?

The following are the items you cannot bring into Australia as personal effects^[ii]:

• fresh fruit and vegetables
• live plants, bulbs, tubers, corms, and cuttings
• prohibited and restricted seeds​
• unidentified seeds (including spices)
• khapra beetle high-risk plant products
• live animals (including pets) that require an import permit
• biological products including some plant based, herbal medications
• unprocessed goods of plant or animal origin
• soiled goods, or goods containing organic residues
• goods knowingly infested with pests or a disease.

If you are not sure if an item can be brought to Australia you can use the Biosecurity Import Conditions system (BICON)^[iii]. The BICON system will let you know whether the item you are planning to bring to Australia:

• Is permitted
• Is subject to import conditions
• requires supporting documentation
• ​requires treatment
• needs an import permit

UPE concession

If you are eligible, you may be able to avail of a UPE concession and your UPEs will be cleared customs control without requiring you to pay:

• customs duty
• goods and services tax (GST), or
• other taxes and charges.

To be eligible for the UPE concession you must:

• be a passenger or crew member of a ship or aircraft
• have arrived from a place outside Australia, and
• depending on the nature of the goods, meet permanent residency requirements

and the goods must be:

• your personal property
• suitable and intended for use by you in Australia
• personally owned and used overseas by you for the specified length of time before your departure for Australia. For example, non-motorised caravans and trailers, and certain boats must be owned and used by you for at least 12 months before your travel to Australia.

You will meet the permanent residency requirements if you:

• are an Australian citizen
• hold a permanent visa
• hold a special category visa. 

Note that there are certain items that are not eligible for the UPE Concession. These include motor vehicles, alcoholic beverages, tobacco, etc.

UPE clearing

Your UPEs would need to be cleared.  You need to provide a completed Unaccompanied Personal Effects Statement (B534 Form). This can be lodged in person (you will be required to under an Evidence of Identity check) or by electronic lodgment through the Integrated Cargo System (ICS).

Fees may be payable and there may be additional charges if the goods shipped needs treatment.

You can hire a reputable customs broker and/or freight forwarding company to help you with this process.

Tips when packing your personal effects:

When preparing your goods for shipping ensure that they are thoroughly cleaned and there are no traces of dirt or any foreign matter. For example, you need to scrub and wash to your shoes, sporting equipment, camping equipment, etc.  Vacuum the carpets, rugs and mats. Make sure the items being shipped are thoroughly cleaned and dry.

The Australian Department of Agriculture, Fisheries and Forestry has the following advice when packing your personal belongings for shipping to Australia:

1. Make a packing list - Have a clear and complete record of everything you are shipping. Label all the boxes and record what is in each box. You also need a description of the items in the box, for example, wooden bed frame, plastic chairs, etc.

Australian authorities would be require this list.

2. Label and number your boxes.
3. It is advisable not to use second hand boxes especially if the box had been previously use to carry plant or animal product.
4. Pack items in groups. Items that potentially pose a biosecurity risk is best packed together to facilitate inspection by the biosecurity officer.
5. Safely pack your items. For example, wrap sharp objects like knives to prevent injury and do not back flammable items like fireworks or aerosols.

Sources:

^[i] Australian Border Force website, Unaccompanied Personal Effects, https://www.abf.gov.au/entering-and-leaving-australia/moving-to-australia/upe

^[ii] Australian Department of Agriculture, Fisheries and Forestry- Moving to Australia or importing personal effects/household goods : https://www.agriculture.gov.au/biosecurity-trade/travelling/moving-immigrating

^[iii] Biosecurity Import Conditions system (BICON) https://www.agriculture.gov.au/biosecurity-trade/import/online-services/bicon

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.

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:

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.

It has been over three years since the 491 on one and 494 skilled regional visas were created. Many visa holders are waiting for the date when they can apply for a 191 visa.

The 191 visa is a permanent visa pathway for the 491 and 494 visas. With this visa, you can stay in Australia permanently and apply for citizenship once all other requirements are met.

Please note the full legislative instrument has not yet been made.

We expect further developments will soon be announced to clarify the requirements for the one on one. Please watch the video below to have a deep understand about 191 Visa requirements.

The 191 Visa requirements

There are two main streams for the 191 visa application.

The first one is through the regional provisional visa, the 491 and the 494. The second one is the Hong Kong regional strain for Hong Kong passport holders. To be eligible for the regional provisional strain. For the 191, you must have held the 494 for or 491 visa for three years have earned the minimum income threshold requirement for the last three financial years as the holder of the above provisional visa have complied with the conditions of the regional provisional visa.

(191 Visa Condition 8579)

There is a residential requirement for applicants who've held the 491 or 491 visa. This is condition 8579. The holder whilst in Australia must live, work and study in a designated regional area at the time the visa was granted. This also applies to eligible secondary visa holders.

191 visa requirement and criteria

Most people might be confused about how to calculate the income year for the 191 visa.

A relevant income year is counted if the income year ended before the date of the application. The applicant held a regional provisional visa for all or part of the income year. Another criteria that draws a lot of attention is the amount of income.

For now, people are sticking with the number of 53,900 as the income threshold required for the 191 visa. The government may refer to this temporary skilled migration income threshold or TSMIT  as that amount? However, there is no legislative instrument that mentions the exact number. Instead, they use the minimum income threshold on the department's website. The TSMIT has been frozen at 53 900 since 2013.

It could be reviewed and adjusted up at any time.

Case study - Income threshold

We're going to give you an example of how the relevant income year is calculated.

Applicant A has their visa granted on the 16th of November 2019. So, when can they apply for a one on one visa? Given that they may all income and other requirements.

The three relevant income years will be counted from the 2019 to 2020 year. Then the 2020 to 21 year. And finally the 21 to 2022 financial year. However, only into after the 16th of the 11th 2022. Can the applicant apply for the visa because that's when the three years residence requirement will be met.

We hope this scenario is helpful to clarify your questions. If you have other questions, you can look at booking an appointment for a consultation with us to get the best advice.

(Hong Kong 191 Visa Streams)

Most Hong Kong or British national overseas passport holders will be eligible to apply for the 191 visa. If the applicants have held the following visas, the 457, the 482 or the 485 visa lived work and study during the three years ending immediately prior to the application. Have functional English complied with all other conditions attached to the eligible visa when they were in Australia. Please note that multiple visas, including visas of the same subclass, cannot be combined to meet the criteria.

191 Visa Documentation

The most important documents to be prepared are residential documents and taxable income documents.

It is important to remember that applicants need to compile three years of documents, so planning ahead is very, very vital.

You must provide proof that you've lived, worked and studied in a designated regional area. You must also provide proof of earning a minimum taxable income for the full 491 or 494 holders. Income evidence can be taken from the Australian taxation Office.

Talk to a professional lawyer or agent for the best advice in relation to a 191 application. There are still some clarifications that are required from the Federal Government. The Federal Government needs to hurry up in relation to making the instruments and policy to provide the requirements for the 191 visa.

When they're doing this, we encourage them to consider flexible requirements for the following situations.

Those that were not able to meet the income requirement due to the effects of the COVID on the employment market.

Another situation is visa holders that may have suffered family violence and have been unable to meet the income requirements. We look forward to some more flexible policy and socially responsible policy from the Department of Home Affairs.

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:

• Skilled Visa (Subclass 189, 190, and 491)
• Employer-Sponsored Visa (Subclass 482, 494, DAMA and 186 Visa)

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.

Read our latest Australian immigration updates April 2022 here>

Australia has a strong education system and is considered one of the best in the world, which makes it very attractive to students across the world.

Most of the students once they complete their studies want to get settled in Australia because of the livability factor.

They may get a decent lifestyle including physical and mental wellbeing, which makes them want to get settled here.

Obtaining Australian Permanent Residency Visa is getting more and more competent, and the visa system is vast and complex.

Many times, people do get confused about how to get it

Here we are discussing a few common pathways to Australian PR for you