Immigration Lawyers and Migration Agents

Your Australian Visa Our Focus

Watch out latest Australian Immigration Updates video in DECEMBER 2022 here >>

October and November has received a lot of good news and negative news from Skilled Migration Program and Business Innovation and Investment Program (BIIP) in Australia.

Apart from the outcomes of the Skills Summit in September which have been announced recently, there is more news from the skill select results and state nomination updates especially in NSW.

The biggest update could be the publishment of the Migration Allocation Budget where we saw a cut in Global Talent Visa, but a significant increase in Business and Investment Visa 188 or in Employer sponsorship and Parent Visa.

Skills Select results - Visa 189 and 491 Invitation round October 2022

The 6 October had seen another massive round.  There were 11,714 visa 189 invitations which is the highest number even for the last 2 years in such a round.

There were invitations for onshore applicants in this round, but still a higher level for OFFSHORE INVITATIONS overall. 

We can see that the government is now focusing on offshore migrants to help address the skills shortages.

There are 818 Family Sponsored 491 visa invitations, which is nearly double up from 466.

I would expect the occupations to broaden in each round. As we can see clearly, medical and health related occupations are still covering most invitations of the 189 visa. Other occupations have been invited are engineer professionals (Civil engineer, chemical engineer, electrical engineer...), trade occupations and Early Childhoood / Secondary Teacher.

It is very difficult and time consuming to get the relevant registrations and skills assessments for medical occupations.  So the number of EOI in the systems for those occupations are likely to have largely cleaned out.

The positive thing is that, the minimum point for most occupations (around 80-90%) are 65.

The focus on offshore is raising many concerns for overseas passport holders in Australia.

Should they go offshore to increase their chances of securing an invitation? 

My answer is NO.

The offshore focus, if it continues, could endanger the international education industry in Australia.  A strong factor in choosing to study in Australia is having a path to migrate. 

So the Australian Government should think carefully about the value of international students to Australia, including their contribution to filling job vacancies. There needs to be balance and including inviting more onshore applicants.

One more concern is about the visa 189 Australia does not have restriction on where visa holders have to live and work. This could bring skilled migrants to come to metro areas such as Melbourne, Sydney and Brisbane and the skills shortages in regional areas will be more severe.

After all, this is really a good news for skilled migrants onshore and offshore.

They now have more options to choose from and to plan ahead for Australian PR.

Especially for those who are still looking for options, we highly recommend watching video below for How To Get PR in Australia and the best 8 Courses to study for PR in Australia.

Subscribe to our YouTube channel for the latest updates on Australian Immigration.

Migration Allocations Up for Skilled Visa 189/491/190

In the last announcement on Federal Government budget for the Migration Australia, Prime Minister Anthony Albanese has poured a significant funds into the program.

An additional $576 million for over 4 years to the Department of Home Affairs for activities including visa processing, offshore processing costs and supporting refugees.

The allocations for skilled visas 189/491/190 have been changed from the 26 October 2022.

The skilled independent visa 189 allocations have been upped again. Last year they were 6,500, now they are 32,000.

Plus other state nominated visas are also up. Remarkable growth for regional visas which are now up to 34,000 places and State Nominated Visa 190 (PR) is risen to 31,000 allocations.

The total number of skilled visas available as part of the program increase significantly from 79,600 to 142,400 in this financial year 2023.

So this means those wanting to migrate, it is time to get your nominated occupation skills assessment and English result. 

Employer sponsored permanent visas are up from 22,000 to 35,000. Which also sounds great !

For all the allocation news, see our Breaking News video below

Business visa News

The interim allocation in August for the Business and Innovation and Investor visa 188 was just over eight hundred (800).

Now two months later, state and territories are closing their programs, having exhausted their state quotas for this specific stream.

Recently the new allocation levels of 5000 business visas to 30 June 2023 has been announced. However, with the current crisis in the business and investment visa program, this number can be filled quickly.

The future of business visas and particulary the Significant Investor Visa is still in doubt with the rumours aroud the minister's talk in September.

NSW skilled occupation list

The publication of the NSW skilled occupation list has provided some insight for applicants. 

For the 190 visa NSW, some occupations have low point scores, such as 65 for Registered Nurses and trades such as Roof Tilers.  

But other occupations are impossibly high and send the clear message, look for greener pastures.

For the 190 Visa in NSW for Accountants are 110 points, ICT Business and Sytems analyst  are 100 points

Having these scores published is helpful for those wanting to apply.

Parent Visas

Welcome news with the publication of updated allocation numbers from 26 October. 

The number of parent visas has gone from 4500 to 8500.  This will lead to a lowering of processing times for the parent visas. 

For example, the estimates for the Contributory Parent Visa 143 had gone out to over ten years, with a backlog of over 50,000. 

So this will be lower with more visa grants per year.

Student visa holders

Unrestricted work rights for international students who hold student visa subclass 500 will end on 30 June 2023. The restriction of 40 hours a fortnight will then apply.

This may be challenging for some international students to adjust to.  But overall, the pressure to work full time can also be detrimental to the ability to study.

This is a right decision for International students since their tuition fee is comparatively higher than the money they are able to earn. 

That will also affect their future and their capability to fill in high skills shortgages.

Working Holidary Visa

There has been a 30% incresase in the cap for working holiday visas. This will be welcoming for all those planning a backpacking and working holdiday in Australia.

With the high interest from young people around the world, this will still be filled quickly as soon as it opens for some Asian countries.

Please check carefully with our specialists to know more about the program opening round to be able to secure a working holiday visa.

Sensible reforms - Health examination waived for onshore applicants

A relaxation on the need for medicals has been announced for temporary visa applicants already in Australia. This will help reduce waiting times for medicals and save money for applicants and the government. But there are some categories, such as those working in medical settings, that will still need medicals.

More sensible reforms along these lines are welcome.

Global Talent Visa Australia Updates

The negative news is still going for Global Talent Visa.

The allocations had been cut from 8448 down to 5000 for the year ending 30 June 2022.

See our separate video to be posted soon, to consider the implications and future for the GTV. 

Migration Institute Australia National Conference

I have recently returned from the Migration Institute of Australia (MIA) National Conference, which was held in Hobart, Tasmania.
Opened by the Hon Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs.

Minister Giles set the tone for a renewed immigration program focussed on nation building and multiculturalism.

Paul Denman, Senior Director for the Immigration Program spoke about the practical considerations of clearing the visa backlog.

Brendan Coates presented the Grattan Institutes perspective on the best way to measure migrations perspective being through the income generated by migrants. 

Under such a model high paid migrants are to be favoured over filling skills shortages and business visas such the SIV visa.

Enda Stankard and Andrew Martin from MA Financial Group outlined the contributions made to Australia by the Significant Investor Visa (SIV).
At the Gala Dinner and Awards night the MIA celebtrated 35 Year leading the Australian migration industry.

Craig Foster gave an inspiring speech about his in successfully advocating Australian refugee Hakeem to be released from a Thai jail and to avoid extradition to Bahrain. His continuing to work includes #RacismNotWelcome and #PayUpFIFA

Congratulations to all the Award winners including Craig Foster for his Distinguished Service to Immigration in Australia. John Hourigan was awarded Life Membership in recognition of his many years of contributing to the MIA,.  

Thanks to the voluntary efforts of the Leadership of National president Julie Williams and Vice President Constantine Paxinos, to all MIA Board members and CEO Peter Vymys and all committed staff at the national office.

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. 

Summary and Comments by Chris Johnston, Lawyer and RMA:

The 11 April 2020 Skillselect round is the first round after the closure of the borders on 20 March 2020.

So it shows us the policy direction of the Government. The direction is to cut skilled migration dramatically.

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

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.

From 16 November 2019 the Department of Home Affairs will introduce two new skilled regional provisional visas with a new permanent visa pathway from November 2022. The two new provisional visas will supersede two existing visas and will include some significant changes that prospective applicants need to be aware of.

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.

Tougher vetting imposed by Home Affairs Minister Peter Dutton has led migration to plummet to its lowest since 2007. As reported by the Department of Home Affairs, actual intake fell from 183,608 in 2016-2017 to a staggering 162,417 for the 2017-2018 financial year. This is attributed to a 46 per cent increase in visas being refused and an additional 17 per cent rise in application withdrawals due to the greater scrutiny, according to The Australian. Even though the government is not required to fulfil the current migration cap of 190,000, nearly every previous year they have.

Business Innovation and Investment Program (BIIP) State Nomination 188/132 Re-Opened for South Australia

Immigration SA has re-opened the application system for Business Innovation and Investment State nomination 188/132 on Monday 9^th July 2018. With the re-opening of the Business and Investment State nomination 188/132 applications it is very important to remember that there is a quota that determines the availability of applications. This means that there are limited places available and that the system will close again. As a result, it is important to apply as soon as possible.