Immigration Lawyers and Migration Agents

Your Australian Visa Our Focus

As the end of the fiscal year approaches, many changes are being made to the Australian immigration system. Many of these changes stem from the Budget 2024-25.

We have already posted some videos about these changes, which you can find on our YouTube channel.

Today’s news includes an exciting 189 invitation round, restrictions on applying for student visas, skills assessment updates, and a new visa coming soon.

No Student Visas for Those with Tourist/Visitor or Graduate Visas

From 1 July 2024, visitor visa holders and temporary graduate visa holders will not be able to apply for student visas onshore. In the short term, this will lead to many graduate and visitor visa holders lodging applications before 30 June 2024.

In summary, from 1 July 2024, the following subclasses will not be able to apply for a student visa onshore:

• Subclass 485 (Temporary Graduate)
• Subclass 600 (Visitor)
• Subclass 601 (Electronic Travel Authority)
• Subclass 602 (Medical Treatment)
• Subclass 651 (eVisitor)
• Subclass 988 (Maritime Crew)

This is in addition to the visas already listed which cannot make a valid student visa application, which are:

• Subclass 403 (Temporary Work) International Relations – Domestic Worker (Diplomatic or Consular) stream
• Subclass 426 (Domestic Worker (Temporary) – Diplomatic or Consular)
• Subclass 771 (Transit)
• Subclass 995 (Diplomatic Temporary) – primary visa holders only

189 Invitation Round Released

A 189 Skilled Independent Visa invitation round has just happened On the 13th of June 2024! It includes invitations for a wide range of occupations with high points, many in the range of 85 to 100 points. The occupations include engineers, accountants, ICT professionals, and construction-related trades, such as carpenters and painters.

Before this round, the last few rounds only included invitations for health and teaching professions, which was discouraging for those in other occupations.

The June 2024 round is encouraging for many, as it opens up opportunities for a wide range of occupations.

State Nomination 190 and 491 Visas Updates

Only New South Wales (NSW) and the Australian Capital Territory (ACT) are still open. The other states are already closed and will reopen in the new financial year.

Increase in the TSMIT

From 1 July 2024, the TSMIT will increase from $70,000 to $73,150.

The TSMIT is the minimum salary that employers are required to pay when they sponsor someone on a 482, 186, or 494 visa.

Any new nominations from this date will need to meet the new TSMIT of $73,150.

This change will not affect existing visa holders and nominations lodged before 1 July 2024.

Good News for People Seeking to Apply for the 482 Employer-Sponsored Visa

From November 2024, applicants will be able to apply for the 482 employer-sponsored visa after 1 year of experience. Currently, the applicant must have 2 years of full-time experience.

With the shortage of invitations in the points-based visas, this change for the employer-sponsored 482 visa will be welcomed by many students and 408 holders looking for their next visa.

We have a blog with some tips on how to find a sponsor. Click here to read.

Graduate Visa Changes

From 1 July, the maximum eligible age to apply for the 485 Graduate Visa will be reduced to 35 years or under at the time of application.

Masters (research) and PhD graduates, as well as Hong Kong and British National Overseas passport holders, will still be eligible if they are under 50 years of age.

Any applications lodged on or after 1 July 2024 will be assessed under the new subclass 485 visa requirements, which include the reduction of the age limit to 35 and under.

If you need to apply for a 485 Graduate Visa, please contact us.

Ministerial Direction

There has been much media commentary in relation to Directions 99 and the decisions of the AAT.

This pertains to visa holders with character issues and some decisions by the AAT to reinstate visas for those with criminal convictions.

A new Direction 110 has been released, emphasizing the protection of the Australian community in visa decisions involving character issues.

ORANA DAMA Expanded

The variation of the Orana Designated Area Migration Agreement (DAMA) has been expanded to include an additional 41 local government areas across inland NSW.

This expansion grants a geographical boundary extension to include the RDA regions of Riverina, Murray, Southern Inland, and Central West.

The variation will support the development and growth of regional NSW, expanding to 129 occupations under the Orana DAMA, giving businesses across 53 local government areas in NSW access to a broader range of skilled workers.

Click here to check the ORANA DAMA Occupation List.

Western Australia Subsidy Up to $7,500

The Skilled Migrant Job Connect Subsidy program is now available through the Migration WA Portal to help onshore migrants cover the costs of skills assessments, gap training, and occupational licensing by providing reimbursements of up to $7,500.

This support aims to assist migrants in gaining employment in Western Australia that aligns with their overseas qualifications, skills, and experience, thereby bolstering the state’s skilled workforce.

You can find the requirements here.

End of the Global Talent Visa and the Business Visa

The Australian Government announced that it will close the Global Talent Visa and the Business Innovation and Investment Program (BIIP) in 2024 and replace them with the new National Innovation Visa.

What is the National Innovation Visa?

This new visa aims to attract exceptionally talented migrants to Australia, such as high-performing entrepreneurs, major investors, and global researchers. Streams of the National Innovation Visa could include:

• High-performing entrepreneurs
• Major investors
• Global researchers

Here you can find more information about the National Innovation Visa Australia.

Skills Assessments Updates

VETASSESS

VETASSESS reopened new applications for Chefs and Fitters, which they stopped last year.

In May, they also reopened to cooks, diesel motor mechanics, and motor mechanics.

Trades Recognition Australia (TRA) Updates

The requirement for mandatory skills assessment through the Offshore Skills Assessment Program (OSAP) has been removed for certain automotive trades from qualified applicants/countries of passport. Applicants can now have their skills assessed through the Migration Skills Assessment (MSA) program. This change provides a less expensive documentary evidence-only assessment option.

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/news-media/archive/article?itemId=1211

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

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1205

https://budget.gov.au/content/bp1/index.htm

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

https://migration.wa.gov.au/news/skilled-migrant-job-connect-subsidy-program-now-available-migration-wa-portal

https://www.rdaorana.org.au/migration/dama

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1209

https://www.vetassess.com.au/news/reopening-new-applications-for-chef-and-fitter-general-occupations

https://www.vetassess.com.au/news/reopening-new-applications-for-cook-diesel-motor-mechanic-and-motor-mechanic-general

https://www.tradesrecognitionaustralia.gov.au/news/requirements-applicants-selected-automotive-trades-now-have-option-be-assessed-through

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

The main change will be the reduction of the maximum eligible age from under 50 to 35 years or under, proposed to be implemented on July 1, 2024.

These 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.

So, if you are 36 years old or over and can’t qualify for a 485 Graduate Visa, here are 5 visa options you may be eligible to apply for:

1. Skilled Nominated Visas (190 or 491)

Use your existing experience and qualifications to get a positive skills assessment and apply for the Skilled Nominated Visas 190 or 491.

Minimum requirements for the Skilled Nominated 190 Visa:

• Have an occupation on the relevant skilled list
• Have a positive skills assessment
• Be invited to apply for this visa
• Satisfy the points test (65 points or more)
• Be under 45 years old
• Have at least competent English

Minimum requirements for the 491 Skilled Work Regional Visa:

• Be nominated to apply by a state or territory
• Have an occupation on a relevant skilled occupation list
• Have a positive skills assessment
• Be invited to apply
• Be under 45 years old
• Satisfy the points test (65 points or more)
• Have at least competent English

2. Employer-Sponsored Work Visa (Subclass 482)

If you have two years of full-time experience (down to one year from November 2024), find an employer and apply for a 482 Employer-Sponsored Work Visa.

Minimum requirements for the Temporary Skill Shortage 482 Visa:

• Be nominated for a skilled position by an approved sponsor
• Have the right skills to do the job
• Have at least 2 years of relevant work experience as above in your nominated occupation or a related field
• No age requirement for this visa
• English requirements: Short-term stream - Overall band score of at least 5.0 with a score of at least 4.5 in each component. Medium-term stream - Overall band score of at least 5.0 with a score of at least 5 in each component

3. Training Visa (Subclass 407)

If you do not have post-qualification experience, then apply for a 407 Training Visa for two years to gain professional development.

Minimum requirements for the 407 Training Visa:

• Must be sponsored by an eligible employer in Australia
• Must be nominated to enter a specific training program
• Must have functional English
• No age requirement for this visa

4. Partner Visa

If you have an Australian partner.

Minimum requirements for the Partner Visa:

• Be in a genuine relationship with your spouse or de facto partner who is an Australian citizen, permanent resident, or eligible New Zealand citizen
• Must be 18 or older

5. Another Australian Student Visa (Subclass 500) 

If you can find a suitable course to undertake.

Minimum requirements for a Student Visa:

• Be a genuine student
• Be enrolled in a course of study in Australia
• Hold Overseas Student Health Cover (OSHC)

If you want to know if you are eligible to apply for one of these visas, please book an appointment here. We will be happy to assist you.

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.

As the end of the financial year approaches, many changes are being made to the Australian immigration system. In this article, we will go through some of those changes.

128 New Occupations Added to the SA DAMA

The South Australian regional DAMA and the Adelaide City DAMA have both been extended and expanded.

The SA regional DAMA now includes 128 new occupations across various sectors, including construction, trade, agribusiness, ICT, health, education, and renewable energy.

Some occupations added are registered nurse in child and family health, registered nurse in disability and rehabilitation, winery worker (beneficial for South Australia's Barossa and Clare Valley), sheep farm worker, truck driver, bricklayer, and floor finisher. Truck driver is particularly notable as it was previously a restricted occupation but is now available for the entire state.

Do you want to know more about the new occupations on the SA DAMA? Click here to read the full article.

Student Visa News

Increase in Financial Capacity:

From 10 May 2024, the financial requirement for Student visa applicants will increase from AUD 24,505 to AUD 29,710.

For a spouse or de facto partner of the Student primary applicant, it will increase from AUD 8,574 to AUD 10,394.

For a dependent child, it will increase from AUD 3,670 to AUD 4,449.

The last increase happened in October 2023, and this new increase was not expected for this financial year.

Recent changes to Australian student visa and graduate visa programs signal a significant shift in the landscape of international education and post-study opportunities in the country. Starting from 23 March 2024, these updates include increased English language requirements and the introduction of the genuine student requirement.

TOEFL iBT is now accepted for all Australian visas

TOEFL iBT tests taken from 5 May 2024 are valid for Australian visas and migration purposes. The test must be taken at a secure test center, as the department does not currently accept online English tests.

End of the 476 Visa

As widely expected, the skilled recognized graduate 476 visa will permanently close from 1 July 2024. This is disappointing for many, but it was expected.

Graduate Visa Changes

The main change will be the reduction of the maximum eligible age from under 50 to 35 years and under, proposed to be implemented from 1 July 2024.

Exceptions include Hong Kong and British overseas national passport holders, who will be eligible up to the age of 50.

Other changes for the graduate visa include increasing the minimum English requirement and reducing the validity period for English tests from three years to just one year prior to the application date.

This means applicants may need to check and complete their English tests before applying.

Click here to read more about the Graduate Visa changes.

Skilled Points Review Paper

The Australian Government published a paper discussing potential changes to the points test for the 189, 190, and 491 visas.

The review may alter the available points by removing and reducing factors and adding new ones.

Expected changes include reducing or removing points for regional study and NAATI-approved language.

Points for partners may increase, age points might be allocated on a gradual scale, and English points might also follow a more gradual scale.

New Core Skills Occupation List

Jobs and Skills Australia has opened a consultation about the Core Skills Occupation list.

This list will be for the Core Skills visa, designed to replace the 482 employer-sponsored visa with similar requirements.

The consultation categorizes occupations into three groups:

1. Confident On List – Occupations that Jobs and Skills Australia is certain should remain on the list.

Occupations such as Registered Nurse, Social Worker, Diesel Motor Mechanic, and IT Network Administrator are on the Confident On List.

2. Confident Off List – Occupations recommended for removal based on current labor market insights.

Occupations such as Cafe or Restaurant Manager, Cattle Farmer, ICT Project Manager, and Real Estate Representative are on the Confident Off List.

3. Targeted for Consultation – Occupations that require further input from stakeholders to determine their necessity and priority.

Occupations such as Chef, Cook, Finance Manager, Web Designer, Hairdresser, and Marketing Specialist are on the Targeted for Consultation List.

Will your occupation be on the new Core Skills Occupation List? Full article here.

VETASSESS Skills Assessment

VETASSESS is accepting new applications again for cook, diesel motor mechanic, and motor mechanic.

Some other trade occupations paused in 2023 are not yet accepted by VETASSESS.

State Nominated 190 and 491 Visas

Victoria, Western Australia, Queensland, and the Northern Territory have already closed for expressions of interest. Other states and territories may close soon.

This was a summary of the main news in Australian immigration at the start of May 2024. If you need advice on your specific situation, please book an appointment.

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/programs-subsite/migration-strategy/Documents/migration-strategy.pdf

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1196

https://www.jobsandskills.gov.au/topics/migration-strategy/draft-core-skills-occupations-list-csol-consultation

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

https://www.migration.sa.gov.au/occupation-lists/dama-occupation-list

https://www.homeaffairs.gov.au/reports-and-pubs/PDFs/points-test-discussion-paper-april-2024.pdf

https://www.vetassess.com.au/news/reopening-new-applications-for-cook-diesel-motor-mechanic-and-motor-mechanic-general

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.

Changing courses can be a strategic move if your goal is to obtain permanent residency (PR) in Australia. The Department of Home Affairs (DoHA) offers a range of immigration or visa options pathways, where certain courses or credentials might carry greater weight and enhance your chances of PR eligibility for international students. 

If you are a student visa holder and you are deciding to switch courses, it's vital to ensure ongoing compliance with the course and visa requirements. Otherwise, your visa may be cancelled.

You need to understand your situation and decide whether you are planning to change the course provider as well or not.

Furthermore, in selected circumstances, it is mandatory to apply for a new student visa (subclass 500).

You would require a new Confirmation of Enrollment (CoE) and/or may require a new student visa, If:

• You are changing the course but staying with the same education provider (e.g. Australian University, School, or College) then you may go ahead (subject to education providers criteria) and do it unless you fall into scenario 1*.
• You are changing the institution as well as the course, then you must have completed at least 6 months with your current education provider. Otherwise, you require a new student visa, refer to scenario 2**.
• The 6-month period is referred to as the principal course of study, also known as the main course of study, which is associated with the initial Student Visa. If the student is enrolled in a package of courses, the principal course is the highest-level course within the package. Refer to Scenario 3***.
• If you are contemplating transferring to a new education provider, it's important that your current education provider assesses or considers your transfer request. Prior to attempting to enroll with a new education provider, ensure you understand your current education provider's transfer policy and the obligations outlined in your written agreement.
• If you are currently enrolled in a non-AQF (Australian Qualifications Framework) course and wish to transfer to an AQF course, there is no requirement to apply for a new student visa, as long you hold a current valid student visa, however, you would require a new CoE. 

Because of the recent changes, concurrent enrollments are now prohibited for international students in the first six months of study. This means that during the initial six-month period, you can only enroll in one course.

*Scenario 1: If you are planning to change from your current course to one of a lower Australian Qualification Framework (AQF) level or a non-AQF level of study, then you must apply for a new student visa.

**Scenario 2: If you are changing both the course and the provider and will not study at the same or higher AQF level or changing from an AQF level 10 course (doctoral degree) to an AQF 9 course (Master’s degree), you would be required to hold a new student visa.

***Scenario 3: If you have enrolled in a packaged course (e.g. a diploma course leading to a Bachelor's program), in general, it implies that you must have completed 6 months of the Bachelor's program (main course), otherwise, you would need to apply for a new Student visa.

Updates to Student and Graduate Visas in Australia: English Requirement and New Genuine Student

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 Student 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.

Recent changes to Australia's student visa and graduate visa policies signal a significant shift in the landscape of international education and post-study opportunities in the country. Starting from March 23, 2024, these updates include an increase in the English language requirements and the introduction of the Genuine Student Requirement.

English Language Requirement

Student Visas:

• The minimum test score for English proficiency will rise from an IELTS score of 5.5 to 6.0 (or equivalent). For PTE the minimum test score is now 50.
• For those enrolling in ELICOS (English Language Intensive Courses for Overseas Students), the required score will increase from IELTS 4.5 to 5.0 (or equivalent). For PTE the minimum test score is now 36.

Graduate Visas:  

IELTS:

• The English requirements will go up from IELTS 6.0 to 6.5 (or equivalent) with a minimum score of 5.5 for each component of the test (reading, writing, speaking, and listening).

PTE:

• An overall band score of at least 57; for the listening test component a score of at least 43; for the reading test a score of at least 48; for the speaking test component a score of at least 42; and the writing test component of the PTE — a score of at least 51.

Big Impact on the Graduate Visa:

The validity period for the English test has been reduced from three years to just one year prior to the application date, a change that may present challenges for many applicants.

The new Genuine Student Requirement

The Department of Home Affairs has recently updated its website to include crucial information on the Genuine Student (GS) requirement, set to take effect on March 23, 2024. This update aims to provide applicants and stakeholders with a comprehensive understanding of the GS criterion, including what evidence and information should be incorporated into the application. The GS is replacing the Genuine Temporary Entrant (GTE).

What is the Genuine Student Requirement?

The Genuine Student requirement is designed to assess an applicant's intention to genuinely pursue studies in Australia.

Key Factors in Assessing the Genuine Student Requirement

The assessment of whether an applicant meets the GS requirement will consider various factors, including:

Applicant's Circumstances: This can include the reasons for choosing a particular course, the relevance of the course to the applicant's past or proposed future employment in their home country or a third country, and the potential for the course to enhance the applicant's career prospects.

Immigration History: The Department will look into the applicant's previous travel to Australia and other countries, including compliance with visa conditions and the laws of those countries.

Compliance with Visa Conditions and Other Relevant Matters: Any previous history of visa compliance, as well as other matters deemed relevant by the Department, will be taken into account.

Plans to be a Skilled Migration Now Acceptable

The GS criterion also acknowledges that there are post-study pathways available for students who may be eligible, recognizing the potential for students to transition to other visa categories following their studies.

This is a welcome change from the previous GTE requirement, which required the applicant to make a statement about why they desperately wanted to leave after their studies.

Contact us if you need assistance with your Student or Graduate Visas. As soon as we have more updates about the Student and Graduate Visas, we will post them on our website and social media channels: TikTok, Facebook, and Instagram.

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.

Australia is one of the top choices for foreign students when it comes to education. Although, studying in Australia is incredibly exciting and rewarding for student from all over the world, there are some things a student visa holder should not do while holding a student visa.

Here are 5 such things that a student visa holder should avoid doing:

Working more than permitted:

Student visa holders are allowed 48 hours per fortnight during their course is in session. Students are not allowed to work up until their course starts. Make sure you adhere to these limitations to avoid violating your visa conditions.

Not maintaining health insurance:

Overseas Student Health Cover (OSHC) is mandatory for the duration of your stay in Australia. Ensure you keep your health cover active and up to date to avoid any issues.

Not informing changes in circumstances:

If there are any changes in your circumstances such as change of address, or relationship status, you must inform the Department of Home Affairs within the specified timeframe.

Not attending classes:

Student visa holders are expected to maintain satisfactory attendance in their enrolled courses. Failure to attend classes regularly can lead to visa cancellation.

Not complying with any of the above may have a negative impact on your student visa. In some situations, your student visa may get cancelled.

For any advice specific to your situation, please contact us. We will be happy 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.

With enrolment cancellations by institutions and rising refusals, international students have started to feel the impact of the Australian migration strategy released in December 2023, aimed at reducing migration levels.

Universities Cancelling Course Offers for Students

Recent news has revealed that some Australian universities are cancelling enrolment offers to international students. Several universities have taken the extreme step of writing to students whom they had approved but who were still waiting for their visas to be granted, requesting they cancel their enrolment. This is devastating for those who have an offer and are already envisioning their course in Australia. This has already affected many international students, causing frustration and disappointment with the sudden decision.

Why Are Universities Cancelling International Student Offers?

Some institutions have chosen to limit the countries from which they will accept applications to increase their visa approval rate. There are concerns from some universities that they might no longer be classified as low-risk entities by the Department of Home Affairs, affecting their standing and operations.

The migration strategy released in December 2023 included several recommendations for international students, such as increased funding for visa integrity, higher English language requirements, and more rigorous scrutiny of lower-quality education providers by ranking them based on their risk level.

It appears that universities are cancelling admission offers to safeguard their reputation and avoid a high number of visa rejections.

Increase in Student Visa Refusal Rates for Some Countries and Some Institutions

There has been a significant increase in the number of visa refusals, which is expected to rise further in the second half of 2024.

High refusal rates: Over the last 15 years, student visa application approval rates have consistently been above 90%. However, recent government figures reveal a decline to 82% last year, with the approval rate for vocational education even lower, dropping to 70% in the last six months of 2023.

Which countries have higher refusal rates? According to a report by The Australian Financial Review on January 30, 2024, there was a significant decrease in student visa approval rates for applicants from some countries, such as India with a reduction from 73% to 42%, Pakistan from 64% to 30%, the Philippines from 81% to 36%, and Nigeria from 71% to 29% over four months from June to September 2023, as noted by Craig Mackey of IDP Education Australia, an international education company offering student placement in Australia.

Ian Aird, CEO of English Australia, another international education company, mentioned that in October 2023, student visa grants from Colombia were down by 34.79% over the same comparison period in 2022. Approval rates for visa applications for the education provider English Australia, from Thailand and Brazil in October 2024 compared to the year before, also experienced declines, with Thailand's rate dropping by 89.99% and Brazil's by 46.82%.

However, approval rates for countries such as South Korea, China, Singapore, and Taiwan were at 90% or higher, possibly due to financial capacity and genuineness of intention to study.

Why Are There Higher Rates of Student Visa Refusal?

The government aims to reduce the net overseas migration number, from 510,000 in the last year to 375,000 this current year, and then to 250,000, which is regarded as the "normal" level. Much of the reductions will be in student visas.

The student refusals are mostly based on the Genuine Temporary Entrant Criteria (GTE). In many cases, the GTE rejection seems to hinge on the economic status of the student's home country, rather than the individual's qualifications or demonstrated intent to study at the institution.

Unfortunately, it is getting tougher both for education providers and with Home Affairs. If you need any assistance, please contact us.

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://e.vnexpress.net/news/news/education/australian-universities-cancel-offers-of-enrollment-to-international-students-4712973.html

https://thepienews.com/news/australia-students-awaiting-visas-told-to-withdraw-university-applications/

https://www.afr.com/work-and-careers/education/foreign-students-are-leaving-in-droves-after-visa-crackdown-20240216-p5f5m1

https://monitor.icef.com/2024/02/australia-visa-rejection-rates-spike-as-some-institutions-withdraw-admissions-offers-under-new-migration-settings/

https://www.universityworldnews.com/post.php?story=20240202130927534

Welcome to our Australian Immigration News – December 2023! In this blog, we will discuss the conclusion of Covid concessions, alterations in the Temporary Graduate Visa, positive reforms affecting Partner Visas, the opportunity for permanent residency for 482 and 457 visa holders, the replacement of a top bureaucrat, international student news, and the upcoming Government Implementation Plan.

End of the Covid Concessions

The Covid era for Australian Immigration is officially over. The concessions introduced during the pandemic to address travel challenges and support temporary workers in Australia have concluded as of November 25, 2023. Notably, periods of reduced work due to Covid-19 will no longer count towards meeting work experience requirements for new ENS/RSMS TRT stream nomination applications.

Changes in the Temporary Graduate Visa Program

Starting November 25, 2023, all applications for any stream of the Temporary Graduate Visa program must be lodged in Australia.

Positive Reforms for Partner Visas

Exciting reforms have been introduced for Partner Subclasses 309 and 820 visas. Applicants can now receive grants whether they are inside or outside Australia at the time of visa approval. Moreover, Subclass 309 Partner visa applicants can apply for merits review independently, no longer relying solely on the sponsor. This change enhances accessibility for family violence victims.

PR for 482 and 457 Visa Holders

Individuals holding 482 and 457 visas for at least 2 years may be eligible to apply for permanent residency. Those with occupations listed on the Medium or Short-term Skilled Occupation List can apply for the 186 PR Visa, meeting criteria such as Competent English and being under the age of 45, unless specific narrow exemptions apply. Read more here.

Home Affairs Public Servant Replaced – Michael Pezzullo

The governor-general terminated the appointment of Michael Pezzullo, head of the Department of Home Affairs, due to breaches of the Australian Public Service Code of Conduct. The hope is for a more accessible and efficient standalone Department of Immigration.

End of Indefinite Detention

The High Court's decision in NZYQ brings an end to indefinite detention for those unable to return to their original country of passport. Legislation imposing tough conditions on those released is expected to face a high court challenge.

International Student News

Plans are underway to impose caps and potential taxes on international students, likely in response to housing shortages and a rental crisis. As international education is a key industry, there is expected pushback.

Upcoming Government Implementation Plan

Stay tuned for the awaited release of the Government's implementation plan for migration reforms. The Parkinson report hints at significant changes, including point-based visa reforms, Business Visa changes, and the end of Student Visas needing to meet GTE.

Sources

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1147

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

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1136

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1057

https://www.pm.gov.au/media/secretary-department-home-affairs

https://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2023/37.html

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.

Greetings to all aspiring immigrants and those keen on keeping up with the latest developments in Australian immigration. Here's a roundup of the most recent updates you need to know:

VETASSESS Skills Assessment Changes

VETASSESS has stopped taking skills assessments for the trade occupations of Chef, Cook, Diesel Motor Mechanic, Motor Mechanic (General), Fitter (General), Electrician (General), and Metal Machinist (First Class). This change comes as a disappointment to many tradies.

For more information: https://www.youtube.com/shorts/f6rVvopc19o

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

Recently an announcement from The Hon Jason Clare MP, Minister for Education and the Hon Clare O’Neil MP, Minister for Home Affairs have communicated that international higher education graduates with eligible qualifications will be granted an extra two years of post-study visa.

The eligible occupations that have been targeting includes, health, teaching, engineering and agricultural fields. Find more information about the eligible occupation and qualification list.

This new extension will be practised from 1^st of July 2023.

Additionally, work hours cap for international students will be increased from 40 to 48 hours per fortnight. The International student working hour cap factsheet provides information about the new procedures.

In case you have questions regarding visa updates, please contact our team.

Contact us

BREAKING NEWS

Prime Minister Scott Morrison has formally announced that Australia's international borders will be reopening on 01 December 2021 to fully vaccinated visa holders - yes, it's finally happening!  As of December, you will be able to travel back to Australia without needing a travel exemption. All you need is an eligible visa and a vaccination.

Since the outbreak of Covid, thousands of international students have been stranded overseas. Most of them choose to continue their studies online while they are in their home country but this raises the question... if the Student Visa expires during this time, do you need to apply for another Student Visa?

In a media release yesterday, NSW Treasurer Dominic Perrottet announced a plan to return international students to Australia in 2021.  The plan will be funded entirely by local universities and will be in addition to the number of other passengers allowed to arrive per week (such as permanent residents and Australian citizens).  250 students from 14 NSW and ACT universities will be permitted to arrive in Sydney per fortnight.  Once on Aussie shores, the students will be directed to private quarantine facilities for an isolation period before they are able to move freely in the community.  The plan is expected to commence in the second half of the year. 

Since Australia closed its border in 2020 due to Covid, international students have been locked out of the country where they are enrolled to study.  This crisis is escalating as thousands of people’s lives are thrown into turmoil, and the Australian economy suffers from the loss of this lucrative industry.  As months turn into years, the growing frustration and resentment can be heard echoing through the internet as students, universities, and Australian businesses cry out for a return strategy.

In a speech given to the Royal Melbourne Institute of Technology, Federal Minister Alan Tudge said the country would not see a return of international students until 2022 but are students willing to wait until then?

The Australian immigration department has recently offered COVID-19 concessions to international students for Subclass 485 Temporary Graduate. During COVID-19 pandemic, many visa applicants and international students have been adversely affected by circumstances beyond their control, including Border closures, stand-downs and disruptions to courses.

International students are important to Australia as they have made a major contribution in Australia’s economy and Australian society. To limit the impact of Covid 19 pandemic on international students, the Federal Government have announced five major changes which will impact the students currently in Australia and those who are overseas and are unable to travel to Australia due to Covid 19.

Bruno arrived in Adelaide as a student visa and fell in love with Australia's laid back lifestyle.

Work Visa Lawyers helped Bruno with his successful Skilled Regional (Provisional) 489 visa application under the ANZCO 391 111 Occupation of Hairdresser.