The recent round of invitations in December 2023 disappointed many aspiring migrants. Invitations were limited to health professionals and teachers, excluding many with completed skills assessments and English proficiency for the 189 visa. This has raised concerns about the accessibility and fairness of the invitation process.

Looking back at 2023, there were only two invitation rounds for the 189 and family-sponsored 491, all focused on health professions and teachers. This means many of those with skills assessments and English did not receive an invitation for the 189. This seems quite unreasonable and seems to be putting unnecessary pressure on those aspiring to come to Australia and not allowing them to get an invitation.

State Nominations for the 190 and 491 visas

State and territory nominations offer a broader range of occupations, each with slightly different criteria based on local economic needs. Unfortunately, the Northern Territory has exhausted its nomination allocations, temporarily closing new state allocations. Limited opportunities for points-based visas have prompted increased interest in employer-sponsored applications, particularly the TSS482 and the permanent residency 186 visas. The new Skills in Demand Visa, expected in late 2024, has also generated strong interest.

Labor Market Testing for TSS482

Labour market testing requirements for the TSS482 visa have been eased, reducing the number of advertisements required and eliminating the need for Workforce Australia Advertising. However, a minimum 28-day advertising period in the four months before nomination is now mandatory. Regional employer-sponsored nominations now receive the highest priority for processing under Ministerial Direction Number 105, indicating the government's emphasis on regional visas.

Changes in Priority Processing

Offshore applicants no longer receive priority processing, possibly reflecting the government's focus on reducing pressure on housing in major cities. This shift encourages regional visas and discourages offshore applications from individuals likely to settle in urban areas.

Working Holiday Maker Updates

Starting from January 1, 2024, working holidaymakers may work for the same employer for more than six months without seeking permission under certain circumstances. Exceptions include work in different locations, plant and animal cultivation, specific industries, natural disaster recovery, aged care, healthcare, childcare, and critical sectors like tourism and hospitality.

While some exceptions exist, individuals working beyond six months in non-covered situations must seek permission, with higher chances if tied to an employer-sponsored application. These changes provide flexibility for working holidaymakers but also highlight the importance of understanding the specific conditions and seeking appropriate permissions.

How can Work Visa Lawyers help?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your potential application(s).

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

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

Sources:

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

https://immi.homeaffairs.gov.au/visas/working-in-australia/skillselect/invitation-rounds

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.

Up to 3 years waiting to get their permanent residency approved!!

This is a true story that many of skilled migrants for General Skilled migration scheme have been waiting for ages just only to get their Permanent Residency and coming back to Australia to work.

Reporting from ABC news, Huang Yiwen has been waiting for her skilled visa 190 Approved for just over two years. As an immigration company, we are having a lot of questions from skilled migrants or Skilled workers about the processing time which is not in line with the information provided by the department of home Affairs.

"I have always taken Australia as my home" Ms Huang said. Back to the time when she was in Adelaide, South AUstralia, she was a part-time teacher for a primary school and has herself lodged application for the 190/491 skilled nominated visa. She returned to China in 2019 and is being stucked in China since then, even when the border is fully open on the 15 December 2021 for fully vaccinated temporary work visa holder. But she does not have her own temporary visa and she is waiting for her Permanent Residency approved to travel back to work in Australia.

Source: ABC

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.

Senator James Paterson, Chair of the Joint Committee in Intelligence and Security has announced that skilled visa applicants coming to Australia from Hong Kong will receive priority processing, a sentiment which Minister for Immigration Alex Hawke confirmed on 30 July 2021 on ABC Radio.  While filling the void in Australia’s skilled labour force is certainly a driving factor in this decision, Paterson said it was also a moral obligation and " the right thing to do after the Chinese Communist Party broke its promise to protect the freedoms of the people of Hong Kong."  While Australia is already fast-tracking business, investment, and global talent visas for Hong Kong nationals, this is a new opportunity for those who could not previously obtain an Australian visa to escape the political turmoil of their homeland. 

Today, 10 September 2020, the interim nomination allocations for 190 visa, 491 visa, 132 visa and 188 visa for 2020 for the different state nomination programs have been released.

• Acceptance of the new requirements
• Explanation of what your contribution to the recovery will be (200 words or less) in either:
  • Business activity
  • Investment activity

This is according to news published by Live in Melbourne. We expect further information following the Federal Budget around 6 October 2020.

Victoria Skilled Migration - 491 visa and 190 visa

The Department of Home Affairs has confirmed that Victoria continues to use the interim allocation places beyond 5 October 2020. 

By 02 October 2020, Victoria's temporary allocation for 2020-21 were: 

• 600 places for skilled subclass 190
• 200 places for skilled subclass 491
• 400 places for the business innovation and investment program

Victoria has received more than 2,400 registrations of interest received from skilled migrants, and more than 480 application from business migrants.

On 26 November 2020, Victoria has annouced that the skilled program (subclass 190 and subclass 491) remain closed to new applications. They continue to select high calibre skilled migrants for nomination from the pool of Registration of Interest submissions.

Once Victoria receives confirmation of its full 2020-21 nomination allocations for the skilled and business migration programs, it would reopen its 2020-2021 nomination for 491 visa and 190 visa soon.

It will only select applicants to apply for Victorian visa nomination if their Registration of Interest demonstrates they are working in health or medical research and contributing to Victoria’s economic recovery and/or health response.  

To be considered for Victorian visa nomination, you must submit a Registration of Interest for Victorian State Visa Nomination.  Applicants who register their interest may then be selected to apply for Victorian visa nomination.  

To be eligible to submit your Registration of Interest (ROI) for Victorian visa nomination (subclass 190 and 491) you must

• be currently living in Victoria, and
• be currently employed in Victoria (minimum six months), and
• work in a highly-skilled occupation in health or medical research, which supports Victoria’s economic recovery and/or health response

VIC will then select the best candidates to apply for Victorian visa nomination.

We are expecting a further update from Live in Melbourne following 6 October 2020.

The Coronavirus pandemic has impacted the situation for those who have applied for or who are looking to apply for a state sponsored, skilled visa.

Many states have made changes to reduce the availability of state nomination for offshore applicants, as offshore applicants will not be able to travel

to Australia until the border and travel restrictions are lifted.

In this article we will look at the changes to state nomination state by state and the impact of coronavirus on skilled migration.

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

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

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

This post was last updated on April 14, 2020

We write this post with a very heavy heart for all the employers who have to make the most difficult decision of all, whether to continue to employ people or let them go and place them in unemployment.

As we are now in the second month of what is unprecedented dual health and economic impacts sweeping across the globe the coronavirus COVID-19 pandemic has immediately affected the very way businesses and people interact with each other.

The recent Australian Government emergency announcements touch on every part of society. From an Australian Migration perspective, across the board, there are difficulties faced by employer sponsors and employees that are sponsored; there are difficulties faced by families that are separated by distance or face uncertainty regarding their visa status as borders lockdown and flight schedules continue to be cancelled; and there are a whole host of temporary visa holders who do not have the protections from the Australian Government that ordinary Australian Citizens and Permanent Residents have access to.

In an announcement from the office of The Hon Alan Tudge MP Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs on April 4, 2020 The Federal Goverment answered our question:

"While citizens, permanent residents and many New Zealanders have access to unconditional work rights and government payments

(including the new JobKeeper and JobSeeker payments), temporary visa holders do not. " Source: https://minister.homeaffairs.gov.au/davidcoleman/Pages/Coronavirus-and-Temporary-Visa-holders.aspx  

491 Visa - Australian (Skilled Worker Regional) Provisional - Questions and Answers

As the Visa subclass 491 is still quite a new visa subclass for the Australian Department of Immigration, we have been receiving a huge amount of questions, so we thought we would collate them all in one place. Hopefully you will find these answers useful, if you don’t find the answer to your 491 visa question please email us at This email address is being protected from spambots. You need JavaScript enabled to view it.

Living and Working in Regional Australia
Occupation and Skills
English Language Skills
My family and My Visa
My Health and Character
Processing Times and Costs
Moving towards Permanent Residency

With the new program year just getting underway, there have already been some trends emerging and changes to eligibility in the skilled migration space.

In April we outlined new details on several regional visas to be introduced on 16 November 2019. Coinciding with these new visas are changes to the existing points test for skilled migration.

The latest global visa processing times published by the Department of Home Affairs show some interesting trends amongst commonly used visa products. 

Australia is facing a shortage of teachers in the medium to long term because of both the retirement of existing teachers and a general demand for teachers in specific locations and subject matter areas.

Overview

The DAMA program is currently a very hot topic, with many business owners currently interested in seeking migrant workers through the program or pursuing Australian migration through the program.

DAMAs are great for regional employers, as they facilitate filling skilled and semi-skilled positions which are facing a labour shortage in a designated area. They are adapted to the needs of the local economy and allow business’ to access the workers they need.

For overseas workers, the DAMAs present an opportunity for work and migration for workers who may not otherwise have access to the TSS and ENS programs. Skilled and semi-skilled workers in occupations which are not on the Short-Term Skilled Occupation List (STSOL) and Medium and Long-Term Strategic Skills List (MLTSSL) may be able to access skilled Australian migration through the DAMA program.

What Is A DAMA?

A DAMA is an agreement arranged by a designated area’s government (such as the NT Government) and the federal government. Employers in the designated area can apply for a streamlined labour agreement to sponsor overseas workers for their business if they are unable to fill the position locally.

What Areas Have A DAMA?

Currently, the only DAMA actively accepting applications is the Northern Territory Designated Area Migration Agreement Mark 2 (“NT DAMA Mk II”). It is Mk II as it replaced the previous Northern Territory’s DAMA.

Warrnambool in regional Victoria has been approved for a DAMA, but this has not yet open for applications. Warrnambool City Council has indicated that details of this DAMA will be released in the first quarter of 2019, so we expect more information will be available soon.

Also, there are potentially more areas to be added in the near future including, Orana region of NSW, Pilbara and the Kalgoorlie-Boulder regions in WA, as well as Cairns in Far North Queensland.

Recent reports by the Advertiser indicated that a DAMA visa is also expected soon for South Australia immigration.

What Visa Are Included With The DAMA Program?

The DAMA program uses the “labour agreement” stream of the Temporary Skills Shortage visa (“TSS”) subclass 482 and the Employer Nomination Scheme (“ENS”) subclass 186 visa. Availability of each type depends upon the rules of the particular DAMA which applies.

For the Northern Territory, (the only designated area accepting applications at the time of publication) you can apply for the 186 visa under the DAMA stream if you have spent 3 of the last 4 years working for an employer on a TSS visa under the DAMA program. This requires your employer to nominate you for the permanent visa as well.

As such, the permanent ENS 186 visa is not accessible directly through the DAMA program.

The advantage over TRT for 187 and 186 is the concessions at the TSS stage, as well as the freedom to move between different DAMA sponsors in the NT, without resetting the time needed to reach the 3 years for permanent sponsorship. NT DAMA TSS holders can apply to become a permanent resident after 3 years working on an NT DAMA visa.

We expect that the other proposed DAMAs will include similar pathways to PR, based on the model created by the NT government.

What Concessions Are Available Within The DAMA?

As indicated above, the NT DAMA Mk II is the only DAMA which (at the time of publication) has published their guidelines. The DAMA visa requirements consist of concessions based on the original requirements of either the TSS or ENS visa depending on which visa you are applying through.

While the requirements of the short-term and medium-term streams of the TSS 482 visa can be difficult for regional businesses (as their requirements are designed to fit capital cities, as well as regional areas) the DAMA program includes concessions adapted to the conditions of the local labour market. Essentially, the DAMA requirements are to assist in processing applicants to regional areas that may not be able to fulfill the TSS or ENS criteria.

The concessions available under the NT DAMA include:

•          English requirement concessions (IELTS overall 5 with a minimum of 5.6 in speaking and listening only, NO minimum requirement for writing and reading)

•           Skills concessions for certain occupations

•           Broader occupation lists compared to the TSS short-term and medium-term lists. These are more adapted to the local needs of NT businesses

• Employment conditions are better aligned with local conditions – more flexibility in employment contracts compared to the rigid requirements for short-term and medium-term stream TSS.

•           10% TSMIT Concession (the requirement for annual salary to be no less than $53,900 is not appropriate for all occupations, so an adjusted minimum of $4,8510* applies to NT DAMA Mk II)

It is difficult to say which concessions will be available in the Warrnambool and South Australian DAMAs, however, we expect to see similar flexibility to better meet the practical needs of local employers and to facilitate migration of skilled workers in local occupation shortages.

*Note: for TSMIT concessions, all skilled migrants within the DAMA must still be paid the same or more as an Australian worker that would be doing the same occupation.

Does The Skilling Australians Fund Levy Apply To A DAMA Visa?

Yes, nomination applications for a TSS or ENS under the labour agreement stream attract the Skilling Australians Fund (“SAF”) levy unless the nominated occupation is for a religious worker.

For a TSS DAMA, the SAF will be $1,200 per year for a business with a turnover of less than $10 million and $1,800 for a business with a turnover of $10 million or more.

For an ENS DAMA, the SAF will be $3,000 flat for a business with a turnover of less than $10 million and $5,000 flat for a business with a turnover of $10 million or more.

What Are The Steps For A TSS DAMA Visa?

Applying for a visa under the DAMA program is a 4-step process.

The below is tailored to the NT program, however, similar steps would apply once another designated area is open for applications.

1.       The sponsoring business applies to the designated area body (such as the Northern Territory Department of Trade, Business, and Innovation “DBTI”) for endorsement of your business’ labour agreement
2.       The sponsoring business applies to the Department of Home Affairs for a labour agreement
3.       The sponsoring business applies to the Department of Home Affairs for the nomination of an individual worker under the labour agreement
4.       The worker applies for a TSS 482 visa under the labour agreement stream

What Are The Costs Involved In The TSS DAMA?

At the time of publication, the costs for all stages of an NT DAMA TSS application are:

•          Cost to apply for NT endorsement of labour agreement: Nil
•          Cost to request a labour agreement: $420
•          Department of Home Affairs labour agreement stream nomination           charge: $330
•          Skilling Australians Fund levy (due when lodging nomination application

Department of Home Affairs visa application charges:

•    A base of $2,455
•    $2,455 for each additional applicant over 18
•    $615 for each additional applicant under 18

As we have commented on the past in our review of 2018 and forecast for 2019, we expect to see more DAMAs appearing in different regional Australian areas. The DAMA is an attractive tool for regional areas to remedy labour shortages and support their local businesses who are unable to find the labour they need to best carry on their business.

Do You Need Help With An Australian Visa Application?

At Work Visa Lawyers our team of immigration lawyers and migration agents 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.

Results for the latest SkillSelect invitation round on 6 June 2018 have been published. Here is a summary of the results:

• 300 Skilled Independent visa invitations were issued
  • applications with 75 points or more were invited
  • applications submitted 31 May 2018 have been invited
• 5 Skilled Regional Sponsored visa invitations were issued
  • applications with 80 points or more were invited
  • applications submitted 8 May 2018 were invited

Key terms: Subclass 189 Skilled Independent visa – Subclass 190 Skilled Nominated visa – Subclass 489 Skilled Regional Sponsored visa – SkillSelect – Expression of Interest (EOI) – Invitation to Apply

Earlier today the Minister for Home Affairs and Minister for Immigration and Border Protection, Peter Dutton introduced a new legislative instrument which will increase the minimum points required for skilled visa applications.