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We are receiving a lot of questions regarding the scope of the sectors for the Global Talent Independent visa. As there is no set occupation list for the GTI visa, many potential candidates do not know whether their occupations will fall within one of the seven target sectors.
From Working Holiday Visa to Partner Visa and now an Australian business owner. Vini talks about how Work Visa Lawyers helped him with his migration journey to Adelaide, South Australia.
With news of China’s new laws for Hong Kong amid riots in Hong Kong, the Australian Government has acted to extend additional visas to Hong Kong passport holders to remain in Australia. These new measures are designed as a part of Australia’s overall skilled visa program, attracting and retaining talent from around the world.
BREAKING NEWS
The Australian General Skilled Migration program has closed indefinitely.
***LATEST UPDATE 10 July 2020***
With the new migration program year starting from 1 July 2020, the Federal Government was due to release 189, 190 and 491 visa quotas for the 2020-21 year. However the Department of Home Affairs has not given the state governments their new GSM quotas for the new migration year. This means that the GSM program will not open from 1 July 2020 as planned.
State and Territories cannot open their program until the Federal Government issues invitations. We have no indication of when this will be. Allocations may be issued as late as October 2020, when the Federal Government will set its budget.
This is going to be a massive disappointment for the many thousands for potential applicants who have made preparations for a skilled visa application.
In addition, any changes to the occupation list are unconfirmed.
It could be some time before the GSM program is open again.
Further information has become available from various states that their GSM programs will not be opening until further notice. There is no clarity as to when the Federal Government will allocate the nomination quotas to the state governments.
It is a regrettable situation that there is a lack of transparency in the current GSM system, with no official round results published for the 189 invitations since April 2020. In April where there was only 50 subclass 189 invitations as compared to 1750 invitations in March 2020.
Our sources include information provided in a Migration Institute of Australia (MIA) online briefing for RMA and Immigration Lawyer members. In addition, there are also communications from State Authorities in relation to not having the nomination ceiling for 2021.
Consistent with our previous update, the following states and territories have published the following on their website:
"The Victorian Government’s state nomination program will remain temporarily closed while we await the Commonwealth Government’s allocation of state nomination places for 2020-21. In the meantime, you will not be able to apply for the following state nomination visas:
- Skilled Work Regional (Provisional) (subclass 491) visa
- Skilled Nominated (subclass 190) visa
The 2020-21 Victorian state nomination program will open at a date to be advised after further advice from the Commonwealth Government. Please check our website news regularly for more information."
"NSW is currently closed to applications for nomination under the Business Innovation and Investment Program (BIIP) and the Skilled Work Regional (Provisional) visa (subclass 491).
NSW will open to new nominations once the Commonwealth Department of Home Affairs provides us with an allocation of positions for 2020-21. Invitation rounds for NSW nomination under the Skilled Nominated visa (subclass 190) will also commence at this time.
At this stage we are unable to advise when this will occur."
Source: https://www.business.nsw.gov.au/live-and-work-in-nsw/visas-and-immigration/visa-and-nomination
"The Australian Government has not yet allocated nomination quotas to the states and territories for the 2020-2021 program year. While applications for state nomination by Tasmania remain open and will continue to be considered, no nominations can be made in SkillSelect until quotas are allocated.
Migration Tasmania currently does not have an indication of the size of the 2020 -2021 nomination quota and cannot guarantee all eligible applicants will be nominated."
Source: https://www.migration.tas.gov.au/news/2020-2021_program_year_update
"BSMQ has been advised by the Department of Home Affairs (HA) that it will not be in a position to open the 2020/21 migration program on 1 July 2020.
As a consequence, BSMQ’s business and skilled migration program will remain closed on 1 July 2020 until further notice. Please note: BSMQ will not be accepting any Expressions of Interests (EOIs) submitted on Skillselect from 1 July 2020. We will post an advice on this website, should the situation change.
BSMQ appreciates your patience in these challenging COVID-19 times. We thank you for your commitment to Queensland and look forward to opening the business and skilled migration program as soon as is possible."
"The ACT Nomination Program (including the Canberra Matrix) will remain temporarily closed while we await the Commonwealth Government’s allocation of state nomination places for 2020-21."
Source: http://www.canberrayourfuture.com.au/portal/migrating/article/visas/
"Our Skilled and Business Migration programs are scheduled to re-open from early August. This will be dependent on the Commonwealth Government’s allocation of state nomination places for program year 2020-21."
Source: https://migration.sa.gov.au/news-events/news-releases/program-update
"The Australian Government has not yet allocated nomination quotas to the states and territories for the 2020 to 2021 program year.
This means that the Northern Territory (NT) Government is currently unable to issue nominations under the General Skilled Migration (GSM) program and the Business Investment and Innovation Program (BIIP).
At this stage, if you are currently living in the NT, you will still be able to lodge new applications for NT nomination under the GSM program, and these applications will continue to be assessed. Offshore GSM nomination applications remain closed. BIIP nomination applications remain open.
However, please note that even if your application is successful, you will only be issued a nomination once the Australian Government has allocated quotas to the NT.
Given the uncertainty in allocations for the current program year, there is no guarantee that all applicants who meet the NT nomination criteria will be nominated.
If your current visa is about to expire, you should note that your nomination application may not be finalised before your visa expires. Please also note that the nomination application fee is non-refundable.
It is important that you remain lawful at all times and obtain professional migration advice on options available to you.
We look forward to your continued interest in the Northern Territory’s skilled and business migration programs and we will provide updates as soon as additional information becomes available."
Source: https://theterritory.com.au/news/2020/2020-to-2021-program-year-update
The Department of Home Affairs, via the MIA, has provided further insight to Migration Program Planning for 2020-21.
While acknowledging that migration continues to make substantial contributions to Australia, the Australian Government's priority is to provide employment opportunities for Australians, support critical industries and Australia's economic recovery post COVID-19.
Migration will play a key part in Australia's economic recovery. However the impact of COVID-19 will influence Australia's Migration Program, with the border closures resulting in an expected 30% decrease in net overseas migration in 2019-20 and even further in 2020-21.
Targeted invitation rounds have continued each month and prioritise skills which are in critical need and will aid Australia’s economic recovery.
Despite this, official Skillselect invitation rounds have not been released since April 2020, meaning there is no indication as to the number of invitations issued or the minimum point cut-off since April. It seems likely that invitations for the 189 and 491 (family-sponsored) visas have been issued to medical professionals or occupations in the critical sectors in Australia's post-pandemic recovery.
When will the Government announce the size and the composition for the 2020-21 Migration Program?
The Australian Government is monitoring migration and visa settings to drive economic growth and support job creation in the recovery phase. In doing this, considerations will be given to Australia's economic conditions, future skill needs, changes in labour market and the population objectives of states and territories.
Until otherwise advised, the current 2019-20 Migration Program settings will remain in place. This means that the 2020-21 planning ceiling will remain at a total of 160,000.
According to the 2019-20 Migration Program planning levels, 69.5% or 108,682 places is allocated to the Skill stream, with the following GSM breakdown:
We will continue to provide updates as information becomes available.
Sources:
https://www.mia.org.au/documents/item/1703
https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels
There are no effects on those who already hold 189, 190 and 491 visas. Applicants who have previously received invitations will not be affected.
Applicants who have lodged EOIs and have not been invited may be affected.
We are still encouraging potential applicants to consider making the necessary preparations for when the program does re-open, which could include:
At Work Visa Lawyers, we are always doing our best to be up to date with developments. Being active members of the MIA, the peak professional body for RMAs and Immigration Lawyers, the Law Society of South Australia, the Law Council of Australia, the Australia China Business Association (ACBC) and Business SA, is part of our commitment in staying informed with the latest in Australian immigration.
We welcome any emails with news in relation to migration policy at state/territory or federal levels and look forward to sharing such information.
Contact us on (08) 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.
The Global Talent Independent (GTI) visa is an easy pathway to Australian permanent residency for those that can qualify. Often, potential GTI applicants will have met all of the requirements but are unable to find a nominator. One of the most common barriers that GTI applicants may encounter, especially offshore applicants, is locating an Australian person or organisation to nominate them. As the national body for the ICT sector, the Australian Computer Society (ACS) is willing to provide nominations for GTI applicants.
Early in June 2020, the Government announced a new program to stimulate the building industry. HomeBuilder is a time-limited, tax-free grant program to help the residential construction market to get through the Coronavirus pandemic.
HomeBuilder provides eligible owner-occupiers (including first home buyers) with a grant of $25,000 to build a new home or substantially renovate an existing home. HomeBuilder will assist the residential construction market by encouraging the commencement of new home builds and renovations. Contract for construction or renovations must be executed between 4 June 2020 and 31 December 2020.
The program applies to:
Construction must commence within three months of signing the building contract.
To be eligible, you must:
Unfortunately, Australian temporary residents and Australian permanent residents are not eligible to take part in the program.
A number of groups have expressed frustration with this and highlighted that such residents would still assist in contributing to the building industry as much as Australian citizens.
Many temporary and permanent residents are first home buyers and were especially interested in the HomeBuilder grant to build their first homes or to renovate rundown properties to live in. In particular, many people are questioning the exclusion of permanent residents for this stimulus package when they are eligible for other government benefits such as Medicare, JobKeeper and JobSeeker.
The HomeBuilder is only open to Australian citizens. Eligible owner-occupier(s) must be listed on the property’s certificate of title, and they must meet the eligibility criteria of the program. Permanent residents are not eligible for the HomeBuilder.
The program will only run from 4 June 2020 to 31 December 2020.
To be included, your contract must be signed between those dates and construction/rennovation work must commence no more than 3 months after that.
If you are considering taking advantage of the HomeBuilder program, it is a good idea to check the latest available information and discuss your circumstances with a financial professional as relevant.
The above information is provided for general information only and is not tailored to your circumstances.
At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Partner Visas, Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.
If you require further information regarding your Australia visa options you can contact us through:
(08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.
Sources
https://treasury.gov.au/coronavirus/homebuilder
https://treasury.gov.au/sites/default/files/2020-06/Fact_sheet_HomeBuilder.pdf
https://treasury.gov.au/sites/default/files/2020-06/HomeBuilder_Frequently_asked_questions.pdf
On 15 June 2020, the Senate passed the Migration Amendment (Regulation of Migration Agents) Bill 2019. This means that unrestricted legal practitioners will be able to provide immigration advice to clients without having to be registered as a migration agent.
Currently, all legal practitioners must be registered with the Office of the Migration Agents Registration Authority (OMARA) as well as hold practising certificates through their state legal boards. This means that they are subject to two sets of professional regulatory regimes. The deregulation of legal practitioners operating in the migration advice industry will allow for any legal practitioners to provide migration advice.
Until the Bill becomes law, lawyers are still required to be registered with the OMARA to be able to provide migration advice.
The Migration Amendment (Regulation of Migration Agents) Act 2020 received Royal Assent on 22 June 2020. The final version of the Act is yet to be released.
Schedule 1 of the Act specifies that it will become unlawful for legal practitioners with Unrestricted Practising Certificates to be registered as Registered Migration Agents from the date made by proclamation, or nine months after the day after the Act received Royal Assent (ie 23 March 2021), whichever is earlier .
Although there is quite an amount of work involved in OMARA changing its internal systems, the changes may occur before the 23 March 2021.
With the passing of this Bill, all lawyers will be able to complete work typically done by Registered Migration Agents.
Migration is a complex area of law that is constantly changing. It is important that advice is sought from experienced immigration lawyers or registered migration agents. Having experience in the field of immigration, they will be aware of current regulations and policies relating to various visa subclasses.
While immigration lawyers and registered migration agents can both provide migration advice, visa application assistance and appeals to the AAT, only lawyers can assist with judicial review at the Federal Circuit Court.
At Work Visa Lawyers, we have a team of Immigration Lawyers and Registered Migration Agents. We can help you with all aspects of your visa application and appeal.
When it comes to migration advice, it is not about the title held but more so the person's experience in the field. It is important that you seek migration advice from a professional who has expertise in the visa subclass that you are applying for. Within the field of immigration, there are varying expertise on a range of visas, such as partner visas, skilled visas or employer-sponsored visas. Our team at Work Visa Lawyers have experience in all areas of migration and would be happy to assist you.
There are a few ways to determine the previous experience of a lawyer or an RMA:
Years of Practise
To check how long your RMA has been registered for, search their name on the Register of Migration Agents on OMARA. All of our RMAs are registered with OMARA.
To check when your Lawyer was admitted to practise law, search their name on the Register of Practising Certificates in the relevant state legal board. In South Australia, this will be the Law Society of South Australia. All of our Immigration Lawyers hold valid certificates to practise law in South Australia.
Chris Johnston, the founder of Work Visa Lawyers, has been working in the Immigration field since 2006.
Testimonials
Reviews and testimonials from previous clients will give you an idea about their experience in the field.
You can read more about our happy clients on our Testimonials page.
The dynamic arising from the Lawyer Deregulation Bill may create conflict within the migration advice industry. With both Lawyers and RMAs operating under distinct sets of Professional Conduct Rules, there is a lack of regulation to govern two sets of professions working in the same field.
At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Partner Visas, Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.
If you require further information regarding your Australia visa options you can contact us through:
(08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.
Sources
****UPDATE 18 June 2020***: NSW has removed the minimum period of residence and the working requirements for state nomination. The application deadline has also been extended to 5pm Friday 26 June 2020.
For the first time since the Skilled Work Regional (Provisional) visa (Subclass 491) visa was announced in November 2019, NSW is finally accepting nomination applications for this subclass. NSW Treasury will begin accepting nominations for 491 visa for a limited time. Read more to find out how to apply!
Applications opened on Monday 15 June 2020 and will close at 5pm on Tuesday, 23 June 2020. The application deadline has been extended to 5pm Friday 26 June 2020.
Applications will be assessed by the end of the financial year; Tuesday 30 June 2020.
There are many visa applicants who have received a visa refusal and then appealed the decision to the Administrative Appeals Tribunal (AAT) for merits review, only to find that the AAT did not find in the applicants’ favour. If the AAT has affirmed the Department of Home Affairs’ decision to refuse your visa and you believe that an error was made in reaching this decision, you may be able to apply for a judicial review.
The Global Talent Independent visa has attracted a lot of attention as it is the first of its kind in Australian immigration. There are 5,000 available places per year.
The global talent independent program is a new initiative by the Department of Home Affairs to attract highly skilled workers from target sectors to Australia.
This visa is a fast-track to Australian permanent residency and will be a great visa pathway for high achievers around the world. The government hopes that the work of these individuals will provide a boost to the Australian economy.
To learn more about the three new programs for innovation, click here.
The GTI program has a range of benefits, including:
Australia has identified 7 key sectors for this program, which are sectors in which the Government feels are big growth areas for the Australian economy in the near future.
The target sectors are:
Global Talent applicants are required to show that they are highly skilled professionals. This can be measured by:
For salary, you do not need to be earning this salary now, you just need to be able to show that you would be able to earn this in Australia.
For graduates, it is unclear what will fall within “high grades”, however, the higher your results the better.
Importantly, Global Talent Independent is not an employer-sponsored program; you are not required to have a job offer in Australia.
To learn more about the requirements of a GTI visa, click here.
One major perk of the GTI is very fast processing of applications.
At the Law Council's Immigration Law Conference on 20 March 2020, respresentatives from the Department of Home Affairs stated that applications under the GTI program are being given priority processing. Processing times vary from 2 day to 2 months with many being decided in one to two weeks!
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs David Coleman has also signed Ministerial Direction no 85 in November 2019. Direction no. 85 enables the Department of Home Affairs to give priority processing for the Distinguished Talent cohort (subclasses 124 and 858) to “support the responsive processing of applicants that are identified as highly desirable by Government.”
The GTI program uses the Distinguished Talent subclass 858 and subclass 124 visas, but provides a new pathway to these by invitation.
Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.
Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.
If you require further information regarding your Australia visa options you can contact us through:
(08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.
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At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Student Visas, Skilled Migration visas, Business visas, Employer-Sponsored visas, Partner, and other Family Migration visas, as well as Migration Review Tribunal, Judicial Review, and Ministerial Intervention. Based in Adelaide South Australia, our Immigration Lawyers and Migration Agents provide migration advice to people and businesses from all over the world.
