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In Australia, the term "regional" includes a wide range of locations beyond the major cities of Melbourne, Sydney, and Brisbane. So, the whole of Australia outside of these three cities is regional.

Major Regional Cities

• Perth, WA: Population of 2,600,000
• Adelaide, SA: Population of 1,400,000
• Gold Coast, QLD: Population of 647,000 (just 80 km from Brisbane)
• Canberra, ACT: Population of 490,000
• Hobart, TAS: Population of 230,000
• Darwin, NT: Population of 135,000

Other Notable Regional Areas

• Sunshine Coast, QLD
• Wollongong, NSW
• Geelong, VIC
• Ballarat, VIC
• Bendigo, VIC

All cities with a population over 100,000.

Unique Regional Locations

• Byron Bay, NSW: Known for its celebrity residents, such as the Hemsworth brothers, and relaxed lifestyle
• Wine Regions: Including Margaret River (WA), Barossa Valley (SA), and Yarra Valley (VIC)

Smaller Remote Regional Locations

The definition of regional also includes small towns and remote locations such as:

• Coober Pedy, SA
• Oodnadatta, SA
• Bourke, NSW
• Marble Bar, WA

Skilled Occupations in Regional Areas

Contrary to the perception that regional areas only require agricultural workers, there is a consistent demand for various skills, including:

• Healthcare: GPs, registered nurses, and carers
• Education and Social Services: Teachers and social workers
• Trades: Chefs, cooks, diesel mechanics, and hairdressers

Moving to a Regional Area?

If you're considering relocating to a regional area in Australia, it's essential to explore your visa options. Moving to regions with more shortages can potentially provide more opportunities, such as finding a sponsor in your occupation.

Regional Visas

• Skilled Work Regional (Provisional) visa (subclass 491): For people nominated by a State or Territory government or sponsored by an eligible family member to live and work in regional Australia.
• Skilled Employer Sponsored Regional (Provisional) visa (subclass 494): For people sponsored by an employer in regional Australia.
• Permanent Residence (Skilled Regional) visa (subclass 191): For people who have lived in a regional area for 3 years while holding a 491 or 494 visa.

We can help you understand your potential pathways and assist with your visa application.

Please book an appointment with us to discuss your situation in detail.

Book an Appointment

Do you need help with your visa application?

Our team of experienced Immigration Lawyers and Migration Agents is ready to assist 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.

Welcome to our August Australian Immigration News, where we bring you crucial updates on changes in Australian immigration. In this edition, we cover a range of topics, including alterations to the 189 and 190 visas, state nominations, 408 pandemic visa, cash incentives offered by states for specific occupations, VETASSESS Skill Assessment, Parent visa program, English testing modifications, Aged Care Agreement and more. For detailed information on all visas, visit Work Visa Lawyers. 

The Genuine Temporary Entrant (GTE) is a requirement almost all migrants will have to pass in the process of immigrating to Australia. Failing the GTE requirement can result in a devastating visa refusal. Here is what you need to know about the GTE criteria so you don’t receive a visa refusal notification.

1. What Is The GTE?
2. How To Meet The GTE Criterion?
   1. What Factors Do The DoHA Look At? 
   2. Your Immigration History? 
   3. If You Are A Student
   4. Supporting Your Claims
3. Does Every Visa Have The GTE Criterion? 

What Is The GTE?

GTE is short for Genuine Temporary Entrant. Based on the documents provided by the applicant, the Department of Home Affairs (DHA) will determine whether the applicant has a true purpose of temporary stay and the intention to stay in Australia for the time being. 

The DHA will consider the applicant's background in their home country, the immigration history, the incentive to stay in Australia or return home. If you do receive a GTE visa refusal you may have the option to appeal and review the decision.

How to Meet GTE Criterion?

What Factors Do the DoHA Look At?

DoHA looks at factors which might make you wish to not return to your home country:

• Political or civil unrest
• Military service commitments
• Your financial circumstances in your home country

The DoHA will also look at factors which would encourage you to return home such as, if you have a job back home, and have approved study leave. Another example would be if you have a business or personal assets in your home country, or close family members this may also be considered.

Your Immigration History

DoHA checks your immigration history as well:

• If you have spent a long time in Australia, DoHA may consider that you are seeking to extend your stay in Australia and work here.

• If you have had previous visa refusals/cancellations

• Any previous issues with visa compliance - for example not completing studies on previous student visas, working in excess of work conditions, overstaying your visa

If You Are A Student

Some visas may require more information, take Student visa subclass 500 for example. You will have to provide all the mandatory information but you may also need to explain how the proposed course will assist you in your future career.

If you are requested to provide how the course will assist you, it would be very helpful to:

• Relate the new course to what you have previously studied
• Relate the new course to what you are currently doing in your work
• Relate the new course to your career plan

In your explanation, try to answer the following questions:

• Why you chose Australia to study instead of in your home country?
• Why did you choose the courses?
• What is the value of your course to your future?
• What is your plan after graduation?

One of the more important categories DoHA will question you about is the value of the course to your future. DoHA will consider:

• if the course is consistent with your current level of education
• if the course is relevant to past or proposed future employment in your home country or a third country
• expected salary and other benefits in your home country or a third country with your qualifications from the proposed course

When drafting your GTE statements, it is important that you pay very close attention to all the requirements if you fall under one or more of these categories:

• Student visa applicants over 30 years old
• Applicants who have not completed their studies and need to transfer to another school
• Applicants who have applied for a degree lower than their highest academic level
• People who have applied for a student visa in Australia many times
• Applicants who are not related to the previous education situation

Supporting Your Claims

Evidence documents to support the facts you listed in your statement should be provided at the time of application as well.

For example, if the applicant mentions that his future goal is to return home and open a restaurant, he can explain it in his GTE and prepare a corresponding business plan for opening a restaurant. However, if an applicant only said in his GTE statement, “I applied because I like it very much.” Such claim is not convincing and will not meet the GTE requirements.

Below is a real example of a refusal that a client received before consulting with Work Visa Lawyers.

Please note that it is common for a case officer to call you and ask you questions about your reasons for study in Australia. You may not receive any notice of this, so it is very important that you are prepared to discuss your case.

 Does Every Visa Have the GTE Criterion?

In short, no, but the majority of visas do use GTE requirements. The GTE is important because it applies to all Visitor Visas and some of the Temporary Visas. To put this in perspective, the Australian Bureau of Statistics recorded 780,500 Visitor visa movements in September 2018. Keeping the same amount of movements per month, in a year there would be 9,366,000 Visitor Visa movements. This means that nearly 10 million people would have had to pass the GTE requirements.

Some of the most common Temporary Visas that have the GTE criterion are:

• Student visa subclass 500  Recently released migration system review report has suggested that the GTE criteria for Student visa subclass 500 applications be replaced with something called Genuine student test, which will be focused on assessing whether the student has genuine studying intentions as compared to GTE where focus is on assessing whether the student is coming to Australia on a temporary basis and will not live here permanently.
• Visitor visa subclass 600
• Temporary work visa subclass 400
• Temporary Activity​ subclass 408
• ​Training subclass 407
• Work and Holiday visa subclass 462
• Working holiday subclass 417
• Medical treatment subclass 602
• Short-term stream subclass 482

It is important to remember that the GTE is often not the only criteria you will have to meet. For example, the Short-term stream subclass 482 which replaced the popular subclass 457 recently, has many requirements including IELTS and other skills assessments.

It is also important to show a range of documents to demonstrate an incentive to return home.
These could include:
- Employment to return to in home country.
- Close family ties and responsibilities in the home country - for example, if you are married and your partner is staying in home country during the visit, this is a positive GTE factor.
- Ownership of property or businesses in home country

Do you need help with an Australian visa application?

Lawyers and Registered Migration Agents from Work Visa Lawyers have rich experience in drafting GTE statements. If you need any assistance, please feel free to contact our team.

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications, including state sponsorship applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956

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

Sources

http://www.abs.gov.au/ausstats/[email protected]/mf/3401.0/

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-590/genuine-temporary-entrant

https://www.workvisalawyers.com.au/news/all/australian-visa-refusal-notification-options-for-the-appeal-review-process-tribunal-ministerial-review.html

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-500

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/visitor-600

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-work-400

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-activity-408

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/training-407

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/work-holiday-462

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/work-holiday-417

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-skill-shortage-482

https://www.workvisalawyers.com.au/news/all/top-10-facts-you-need-to-know-about-the-new-482-visa-1.html#Skills

https://www.workvisalawyers.com.au/news/all/ielts-now-offering-computer-delivered-english-tests-for-visa-applicants-in-australia.html

https://www.workvisalawyers.com.au/news/all/skills-assessments-occupation-lists-for-australian-tss-482-and-employer-sponsored-permanent-resident-visas.html

DAMA program can access either the Labour Agreement stream of the 482 visa, or the Labour Agreement stream of the 494.

For the purposes of this article, I will focus on the DAMA 482 programs and comparing it with TSS 482 Medium Term stream and TSS 482 Short Term Stream.

For anyone who has been on TSS 482 Short term in Australia during the pandemic, you might be eligible for a PR Pathway to 186 Visa. Read TSS 482 Short to PR here !

Changes to ENS 186 and RSMS 187 for 457 & 482 visa holders affected by  COVID-19 Pandemic.

The Department of Home Affairs has recently announced new changes to the COVID-19 pandemic.

This is good news for 457 and 482 visa-holders who are looking to apply for a permanent employer-sponsored visa through the Temporary Residence Transition stream.

South Australia has recently introduced the amended Designed Area Migration Agreements (DAMAs) which has become easier and cheaper for DAMA visa applicants.

A great PR pathway for those who seek concessions for:

• English Language
• Age Requirement
• Permanent Residence Pathway
• Temporary Skilled Migration Income Threshold (TSMIT)

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

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

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

Highlights

• Australian government will announce the Federal Budget 2020 tonight

• Migration program planning levels will be announced tonight

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

There are several important factors employers need to consider when sponsoring an employee for a permanent residency visa or when appealing a decision.

The Employer Nominated Scheme (ENS) subclass 186 visa and the Regional Sponsored Migration Scheme (RSMS) subclass 187 visa have two main streams:

• Direct Entry stream
• Temporary Residence Transition stream

The ENS 186 visa also has a third, less commonly used stream, the labour agreement stream. This stream is very important for Designated Area Migration Agreement applications and other forms of labour agreement, but is not as commonly used as the other two.

There are three possible stages for an ENS 186 visa or RSMS 187 visa:

1. Regional Certifying Body Advice application (RSMS 187 Direct Entry Stream ONLY) to the relevant Regional Certifying Body
2. Employer nomination application to the Department of Home Affairs
3. Visa application to the Department of Home Affairs

Genuine position refusals

One of the most common reasons for refusal of ENS 186 visas and RSMS 187 visas is that the position is not genuine.

“Genuineness” is a complex assessment which does not have a concrete definition.

Case officers examine the entirety of the application, including the business circumstances, and develop an opinion as to whether the position being nominated is a genuine position required by the business which fits within the employer-sponsored migration program, or whether the whole or part of the position has been created solely to achieve a migration outcome.

There are certain occupations which are at a high risk of additional scrutiny for genuineness. These are high-volume occupations which may have attracted low-quality applications in the past. The two main examples are:

• 149212 Customer Service Manager

• 511112 Program or Project Administrator

For the above occupations, it is important that the nominated position fits clearly within the relevant occupation. The case officer will be looking to the position description, organisational chart, employment contract and any other explanatory information and documents you are providing.

If the position does not appear to align with the occupation you have nominated, the case officer may find that the position is not genuine.

Temporary Residence Transition Stream – ENS 186 and RSMS 187 Visas

If using the Temporary Residence Transition, the application must be consistent with everything in the subclass 457 or subclass 482 visa.

One of the key matters which will be checked by the Department of Home Affairs is whether the visa applicant has been paid the nominated earnings for the whole duration of their subclass 457 or subclass 482 visa. A common issue here is where superannuation has been included in the nominated Guaranteed Annual Earnings. Because superannuation is not included in Guaranteed Annual Earnings (it is considered to be a separate employer obligation), this may inflate the earnings which were required to be paid to the visa holder.

Special attention must be given to this when applying for an ENS 186 visa or RSMS 187 visa under the Temporary Transition Stream.

Limited Availability of RSMS TRT Going Forward

With the RSMS subclass 187 visa closure on 16 November 2019, the Temporary Residence Transition stream of this visa will remain only available to a small group of people.
This group comprises two subgroups:

• Transitional 457 workers – those who held or had applied for (which was subsequently granted) a subclass 457 visa on 18 April 2017
• Transitional 482 workers – those who held or had applied for (which was subsequently granted) a TSS 482 visa on 20 March 2019

Currently, this appears to leave a group of people in the middle unaccounted for. These applicants may not be able to access the RSMS temporary transition after 16 November 2019.
For these workers, it may be worth considering whether Direct Entry can be completed prior to the shut-off.

Appeal Tips

If a negative decision is received from the Department of Home Affairs at either the nomination or visa application stage, a merits review at the Administrative Appeals Tribunal (AAT) may be available. The ordinary timeframe for applying for this is 21 days, so it is important that you act quickly.

If such a decision occurs at the nomination stage, it is important that both stages are appealed to the AAT. If the nomination is not appealed, the visa applicant will not be able to be successful on appeal.

It is very important if appealing that all efforts are made to strengthen the circumstances of the application while waiting for a hearing date to be set. It can currently take quite some time for a new employer-sponsored matter to be constituted at the AAT and a hearing date set.

This time presents both a difficulty and an opportunity for the business and the worker. During this time, the employer and employee need to strengthen their relationship to have the best prospects of success. The employee should continue working in the business and the business should maintain detailed records to clearly demonstrate this.

An appeal to the AAT is a merits review process, so the Tribunal Member will stand in the shoes of the decision maker and look at the situation anew. You are able to provide new evidence to seek an improved outcome.

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Partner Visas, Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, the Hon David Coleman MP, has asked the Joint Standing Committee on Migration to inquire into and report on migration in regional Australia.

Employer sponsored visas (including DAMA) can be an attractive option for many migrants, but it is important to remember that you must first find an employer that is willing to sponsor you.