Immigration Lawyers and Migration Agents

Your Australian Visa Our Focus

As part of the Australian Government's Migration Strategy released in December 2023, there are significant changes to the 482 visa condition 8607 and the 494 visa condition 8608 from 1 July 2024. These changes are aimed at reducing the exploitation of immigrants in Australia and providing more flexibility for visa holders.

Summary of Changes:

• Extended Period to Find a New Sponsor: Employer-sponsored visa holders will have 180 days to find a new sponsor if they quit or are fired (currently, it is only 60 days).
• Maximum Total Period: A maximum of 365 days in total across the entire visa grant period.
• Flexibility in Employment: During this period, visa holders are allowed to work for different employers, including in occupations not listed in their most recently approved sponsorship nomination. This flexibility ensures that visa holders can support themselves financially while searching for a new sponsor.

Obligations:

• Notification Requirement: Sponsors must notify the Department if a visa holder ceases work within 28 days, whether the visa holder resigns or their employment is terminated.
• Employment Restrictions: Unless exempt, visa holders cannot work for another employer unless they have ceased work with their sponsoring employer.
• Nominated Occupation: Visa holders must remain in their nominated occupation while working for their existing sponsor.
• Licensing and Registration: Visa holders must not do any work inconsistent with any licence or registration needed for their nominated occupation.

Affected Individuals:

The changes apply to existing 457, 482 and 494 visa holders as well as those granted a visa on or after 1 July 2024.

Pathway to Permanent Residency:

The 186 Temporary Residence Transition (TRT) stream has not been changed at this point, so most 482 visa holders are still required to work 2 years for their same sponsoring employer before they can be sponsored for the 186 TRT stream.

The government may change this later in the year, when they bring in the Skills in Demand visa, so that “Periods of employment with any approved employer will count towards permanent residence requirements.” (The Migration Strategy, page 48).

Reform of Skilling Australia Fund Needed:

The Migration Strategy report raised the possibility of changes to the Skilling Australia Fund (SAF). Currently, the SAF requires a large upfront payment for the original nomination for a temporary work visa:

• For 482 visas: $1,200 per year for businesses with a turnover up to $10 million and $1,800 per year for businesses with a turnover over $10 million.
• For 494 visas: $3,000 flat fee for businesses with a turnover up to $10 million and $5,000 per year for businesses with a turnover over $10 million.

The changes to conditions 8607 and 8608 provide significant flexibility for employees, making it urgent to reform the Skilling Australia Fund to ensure employers are willing to sponsor, even with the risk of employee turnover.

Do you need help with a 482 or a 494 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.

If you are looking for an employer to sponsor you, check out our blog "How to Find an Employer Sponsor in Australia."

Sources:

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1213

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

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With the end of the Covid 408 Visa and changes to the 485 Graduate Visa, including the reduction of the age limit from 50 to 35, we are receiving many questions about what other temporary visa options are available.

One of the alternatives is the 407 Training Visa.

What is the 407 Training Visa?

The 407 Training Visa allows you to take part in workplace-based occupational training activities to improve your skills for your job, area of tertiary study, field of expertise or in a professional development training program in Australia.

This visa can be granted for up to 2 years, allowing you to work and live in Australia.

Visa Eligibility

• Applicants must be sponsored by an eligible employer in Australia, and they must be nominated to enter a specific training program.
• The applicant needs to demonstrate that they have functional English (IELTS: An average band score of at least 4.5 based on the 4 test components / PTE: A total band score of at least 30 based on the 4 test components). 
• Must meet health and character requirements.
• The occupation for training must be on the 407 list.

Application Process

The process involves finding an eligible sponsor who will nominate you for a specific training program. Once nominated, the applicant can then apply for the visa.

Sponsorship and Nomination

The visa requires sponsorship by an organization or government and a formal nomination of the specific training program to be undertaken.

This visa provides an excellent opportunity for professional development.

Types of Training

There are three types of training that can be approved under this visa:

• Workplace-based training required for registration: This type is suitable for those who need to complete a period of practical training, a requirement to obtain a license or professional registration for employment in their occupation in Australia or their home country.
• Structured workplace-based training to enhance skills in an eligible occupation: This is for people who need to enhance their skills in their current occupation, area of tertiary study, or field of expertise.
• Training that promotes capacity building overseas: Including overseas students sponsored by the government, employees nominated by their employer for training, and training in Australia as part of a government-to-government agreement.

Key Requirements

• The applicant must need training. 
• The applicant must be a recent graduate or early in their career or need a workplace placement.
• A detailed training plan is required from the sponsor.  The plan must identify the training needs and how they will be met.
• Training visas are generally not suitable for people with, for example, 10 years of experience who want to work.

Why Choose the 407 Training visa?

• One of the most attracting aspects of the 407 Training Visa is that there is no Skilling Australia Fund payment required. 
• Experience requirements are often less compared to the Employer-sponsored 482 Visa and vary according to the stream.

If you already have a sponsor and want to find out if you are eligible to apply for a 407 visa, please book an appointment. We will be happy to assist you with your visa application.

Do you need help with a 407 Training 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.

Sources: 

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

Federal Register of Legislation - Migration (LIN 19/050: Specification of Occupations—Subclass 407 Visa) Instrument 2019

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

Requirements 186 Direct Entry Stream:

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

While Covid is keeping most Australian states and territories closed for offshore applicants, South Australia announced in May 2021 that it is now considering sponsoring offshore applicants for 491 and 190 visas.

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In 2018, one quarter of all Australian marriages were between a local and foreign born person.
That’s 28,452 marriages in Australia and potential spouse visas. (Source: https://www.smh.com.au/lifestyle/life-and-relationships/home-is-where-the-heart-is-or-is-it-20191223-p53mgt.html)

Partner visa processing times have steadily increased over the past two years.

We have previously written about the processing times here: https://www.workvisalawyers.com.au/news/all/australia-partner-visa-processing-times-update-march-2017

The current processing times are such that for a Temporary Partner (subclass 820) visa (onshore) 22 to 29 months on the Home Affairs website (https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/temporary-820)

And for a Partner Provisional (subclass 309) visa (offshore) 17 to 20 months on the Home Affairs website (https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore)

The Department is receiving more applications in a migration program year (same as the financial year, from 1 July to 30 June) than it will be able to process in that year, which is affecting your ability to get the visa granted.

Key terms: Migration Policy Changes – Partner Visas – Subclass 820/801 – Subclass 309/100 – Sponsor Requirements – Family migration

2018 Update & Related Articles: 

Partner Visa Sponsorship & Policy Update 2018: Changes Affecting Processing Times & Force Offshore Partner Visa Applications

Planning to lodge a partner visa application? You will soon need to apply for sponsor approval first!

Amendments introduced in the Migration Amendment (Family Violence and Other Measures) Bill 2016 describes that a separate sponsorship application is necessary before one can submit a partner visa application. Originally planned for implementation on 1 July 2017, we now know that the change will only be implemented in 2018 because the Bill has not been enacted.

At the time of writing there are still no details released by the Department of Immigration and Border Protection (DIBP) in relation to the process of applying for the sponsor approval.

Need Help Locating a Business Sponsor? Try AustJOBS!

One of the biggest challenges many suitably qualified overseas graduates and qualified tradespersons face in the Australian migration process, is finding a suitable employer. Work Visa Lawyers can connect you to AustJOBS who may be able to assist. AustJOBS is an Australian based service that helps to link suitably qualified overseas graduates and qualified tradespersons with Australian Employers. Contact Work Visa Lawyers, an official member, to discuss how this service may be of assistance.

You can visit AustJOBS at: www.austjobs.com