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189 Visa Invitation Round 2024

The Department of Home Affairs has released the list of professions from the latest 189 Skilled Independent Visa invitation round that took place on June 13th, 2024. This round saw a total of 5,292 invitations issued across more than 130 different occupations, with a significant focus on construction, healthcare, and engineering fields.

Interestingly, there were no invitations for the 491 Family Sponsored visas this round.

What is the 189 Skilled Independent Visa?

The 189 Visa is a points-tested permanent visa for skilled workers who are not sponsored by an employer, a state or territory, or a family member. This visa allows you to live and work anywhere in Australia as a permanent resident. Key benefits include:

  • Permanent residency status
  • No need for state or family sponsorship
  • Freedom to live and work anywhere in Australia

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Building Trades Occupations

With the ongoing housing shortage and the urgent need to build more housing, building trades have become the most sought-after professions in Australian migration.

Occupations such as carpenter, cabinetmaker, bricklayer, plumber, joiner, electrician, drainer, and glazier received invitations with 65 points or more.

Construction workers

Engineering Occupations

Civil engineer, mining engineer, telecommunication engineer, industrial engineer, transport engineer, and electrical engineer were invited, some requiring at least 85 points.

Healthcare Professionals

Registered nurses were invited with a minimum of 85 points.

Other Notable Occupations and Minimum Points

  • Chef: 95 points
  • Accountant: 100 points
  • Architect: 85 points
  • Child Care Centre Manager: 85 points
  • ICT Occupations: 100 points
  • Internal and External Auditors: 95 points
  • Motor Mechanic: 95 points
  • Social Worker: 85 points

Surprising Invitations

These occupations are surprising because they are not often considered the most “in-demand” skills.

  • Dancer or choreographer
  • Solicitor
  • Valuer

189 Occupations and Minimum Points

In general, most occupations required at least 80 points to receive an invitation.

Click here to see all the occupations invited.

How to apply for the 189 Skilled Independent Visa?

  1. Your occupation must be on the Medium-Term occupation list
  2. Obtain positive skills assessment and required English test results
  3. You must meet minimum 65 points to be able to lodge an expression of interest (EOI)
  4. Submit an EOI through SkillSelect
  5. If invited, submit visa application within 60 days of receiving an Invitation to Apply and include all supporting documents for the application

If your occupation is not receiving invitations, consider exploring employer-sponsored options such as the 482 visa or 494 visa.

Do you need help with your 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.

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Australian Immigration News July 2024 - New Financial Year

The new financial year has brought significant changes to the Australian migration system. In this blog we will go through the main changes.

1. Visa Fee Increases

From 1 July 2024, most visa fees application increased by 2% to 4%, while student visa fees had a significant increase by 125%.

New Student Visa Fees:

  • Main applicant: From $710 to $1,600
  • Additional applicants over 18 years old: From $530 to $1,190
  • Dependents under 18 years old: From $175 to $390.

This increase will affect many planning to study in Australia. The current application fee for all types of visas are available on the Home Affairs website.

Visa fees Australia 1

2. 190 and 491 Visa State Nomination Numbers

On 1st July 2024, the Australian Financial Review published the 190 and 491 visa allocations for 2024-2025:

  • Queensland: reduction of 300 places in 190 PR visas from 900 to 600, 491 visas were also reduced from 650 to 600.
  • South Australia: there is an additional 1,900 visas.
  • Tasmania and Western Australia: each state will receive an additional 1,500 visas.
  • Western Australia: another additional 5000 skilled migrant places under the new WA Designated Area Migration Agreement (DAMA).
  • Northern Territory: an increase from 650 places to 1,200.
  • Australian Capital Territory: an increase from 1,200 to 1,800 places.
  • NSW and Victoria: both states are expected to remain the same as last year, with 3,150 for NSW and 3,300 for Victoria.

3. TSMIT Increase for employer sponsored visas

The Temporary Skilled Migration Income Threshold (TSMIT) has increased 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 a 494 visa.

Any new nominations from 1 July 2024 must meet this threshold, but existing holders and nominations lodged before 1 July 2024 are not affected by this change.

4. Relaxation of Work Visa Conditions for 482, 494 and 457 Visas

From 1 July 2024, new work conditions will apply to 482, 494, and 457 visas. These visa holders will have:

  • Up to 180 days at a time to find a new employer or a maximum of 365 days in total across the entire visa grant period.
  • During the 180 days, employees who are looking for a new employer, can work in any job for any employer.

Employers and the Skilling Australians Fund (SAF)

With the greater mobility for employees, it's time that the Department of Home Affairs revisits the promise in the Migration Strategy to reform the SAF.

Employers currently have to pay the Skilling Australian Fund upfront, which is a significant amount if an employee then leaves before their visa grant period. Fees: $1,200 per year for businesses with a turnover under $10 million, and $1,800 per year for those over $10 million.

Given the increased mobility within the 482 system, there's a risk that employers may opt out of sponsoring due to these fees, and therefore skill shortages could get worse if the employers don't want to sponsor people anymore.

Employer sponsored Visa worker Australia 1

5. No Student Visas for Visitors and Graduates Visa Holders

From 1 July 2024, Visitors (Subclass 600) and Graduate (Subclass 485) visa holders can no longer apply for a student visa onshore, as well the following visa holders

  • Subclass 601 (Electronic Travel Authority)
  • Subclass 602 (Medical Treatment)
  • Subclass 651 (eVisitor)
  • Subclass 988 (Maritime Crew)
  • 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

6. Graduate Visa Age Limit

Applicants looking to apply for a Graduate Visa must be 35 or under, with exemptions for Masters by research, PhDs, Hong Kong, and British Overseas passport holders up to 50 years old.

Some alternatives for those 36 or older include the 407 Training Visa, Partner Visa, another Student Visa, or an Employer-sponsored Visa. However, applicants will need to ensure they are eligible for these visas.

Please, contact us if you are 36 or over to discuss your visa options.

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7. High-Income Threshold Increase

The Fair Work High-Income Threshold (FWHIT) has increased from $167,500 to $175,000. This means Global Talent applicants must have a minimum annual salary of $175,000 to apply.

8. Visa Closures

  • The Skilled – Recognised Graduate 476 visa has permanently closed
  • The Business and Investment visa has also closed

The National Innovation Visa is planned to replace the Business and the Global Talent Visa. It is expected to come into place at the end of 2024.

You can read more about the National Innovation Visa here.

9. Work and Holiday Visa Updates

Philippines Passport Holders

Philippines Passport Holders can now apply for a 462 Work and Holiday Visa with 200 places available. To be eligible, applicants must hold tertiary qualifications or have successfully completed at least 2 years of undergraduate study or post-secondary education and be 30 years or under.

UK Passport Holders

UK Passport Holders can now be granted up to three Working Holiday Subclass 417 visas without having to meet any specified work requirements. This is expected to lead to significant interest from young people from the UK, offering a work visa for up to three years in sunny Australia without the need to do agricultural work.

10. Health and Medical Changes

There have also been changes to the health and medical requirements including:

  • An Increase in the Threshold for Medical Costs from $51,000 to $86,000.
  • Mandatory Hepatitis B Testing for residents from high-risk countries, who are aged 15 and older.

11. Workplace Justice Visa Stream of the 408

A new visa has been introduced for employees who may have been exploited by their employer to stay and work. The employee will need a certificate stating there has been workplace exploitation. More details will be provided on this visa soon.

 Sydney Australia 1

This was a summary of the main news in Australian immigration for the new financial year, July 2024. If you need assistance with applying for an Australian visa, please contact us.

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

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.

Book an Appointment

Sources: 

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1211

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

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

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

https://immi.homeaffairs.gov.au/visas/getting-a-visa/fees-and-charges/current-visa-pricing

https://www.afr.com/politics/federal/queensland-to-cop-skilled-migrant-cut-amid-boost-to-smaller-states-20240701-p5jq6j

https://www.fwc.gov.au/high-income-threshold

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/repealed-visas/skilled-recognised-graduate-visa-subclass-476

https://www.legislation.gov.au/F2024L00768/latest/text

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/work-holiday-462

https://immi.homeaffairs.gov.au/what-we-do/whm-program/latest-news/arrangements-uk-passport-holders

https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/health/protecting-health-care-and-community-services

https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/health/what-health-examinations-you-need

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Regional Areas in Australia for Migration Purposes

In Australia, the term "regional" includes a wide range of locations beyond the major cities of Melbourne, Sydney, and Brisbane. So, the whole of Australia outside of these three cities is regional.

Major Regional Cities

  • Perth, WA: Population of 2,600,000
  • Adelaide, SA: Population of 1,400,000
  • Gold Coast, QLD: Population of 647,000 (just 80 km from Brisbane)
  • Canberra, ACT: Population of 490,000
  • Hobart, TAS: Population of 230,000
  • Darwin, NT: Population of 135,000

Perth

Other Notable Regional Areas

  • Sunshine Coast, QLD
  • Wollongong, NSW
  • Geelong, VIC
  • Ballarat, VIC
  • Bendigo, VIC

All cities with a population over 100,000.

Unique Regional Locations

  • Byron Bay, NSW: Known for its celebrity residents, such as the Hemsworth brothers, and relaxed lifestyle
  • Wine Regions: Including Margaret River (WA), Barossa Valley (SA), and Yarra Valley (VIC)

Wine Areas Australia

Smaller Remote Regional Locations

The definition of regional also includes small towns and remote locations such as:

  • Coober Pedy, SA
  • Oodnadatta, SA
  • Bourke, NSW
  • Marble Bar, WA

Coober Pedy

Skilled Occupations in Regional Areas

Contrary to the perception that regional areas only require agricultural workers, there is a consistent demand for various skills, including:

  • Healthcare: GPs, registered nurses, and carers
  • Education and Social Services: Teachers and social workers
  • Trades: Chefs, cooks, diesel mechanics, and hairdressers

Moving to a Regional Area?

If you're considering relocating to a regional area in Australia, it's essential to explore your visa options. Moving to regions with more shortages can potentially provide more opportunities, such as finding a sponsor in your occupation.

Regional Visas

We can help you understand your potential pathways and assist with your visa application.

Please book an appointment with us to discuss your situation in detail.

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Do you need help with your 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.

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Employer Sponsors of 482 and 494 Visas: Changes to Conditions 8607 and 8608

Construction worker 1

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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How to appeal visa refusals 

We understand that having a visa refusal can be disappointing and you can feel quite stressed and unsure of what to do. 

In this blog, we explain the appeal process and what you can do if your visa has been refused by the Department of Home Affairs.

Generally, you have the option to appeal the decision through a merits review or judicial review. The process for appealing a visa refusal can vary depending on the type of visa you applied for, and the specific circumstances of your case.

Visa_Refusal.jpeg

Merits Review

Basically, merits review is a process that allows a decision maker to ‘step into the shoes’ of the original decision maker for example the delegate at the Department and make a fresh decision based on the evidence before it. In Australia, this is usually undertaken by a body known as the Administrative Appeals Tribunal (or the AAT). 

Appealing the decision at the AAT

The refusal letter will state whether you can appeal the decision at the AAT. If you have this option, you must make sure to lodge your appeal within the time frame that is provided in your refusal letter. The easiest way to lodge your appeal is online through the AAT’s website. 

Once you lodge an appeal at the AAT, your bridging visa will continue until you get a decision on your appeal. 

Attending a Hearing 

The AAT will then review your appeal application. Due to a large number of applications, it usually takes a long time before you are invited for a hearing. At the hearing, you can present your case and any evidence to support your appeal. The AAT will then usually make a decision to affirm the Department’s decision to refuse your visa or remit the decision back to the Department for reconsideration.

We would recommend getting legal assistance from an Australian Migration Lawyer to avoid any issues with your appeal and put your best case forward, especially when preparing for your hearing. 

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Judicial Review

In cases where you don’t have a merits review option, you may be able to appeal the refusal decision in court.

Unlike merits review, judicial review does not involve considering the merits of the case or deciding what the right decision was. Instead, it looks at the process through which a decision was made and determine if it was made in accordance with the law. 

Another thing to keep in mind is that unlike an appeal to the AAT, your bridging visa does not automatically continue when you apply for judicial review. You will need to lodge a bridging visa application before your current visa expires. We’re here to help if you need any assistance with this.

Appealing the decision in court 

To be able to appeal the decision in court, you need to have grounds to seek judicial review for example there was a legal error in the decision-making process, such as a breach of procedural fairness or an incorrect interpretation of the law. You may need to get a Barrister to look at your case and assess if there are any grounds for judicial review. 

Appeals Australia 1

Filing an appeal application 

To begin an appeal at court, you will need to file an application with the Federal Circuit and Family Court of Australia and within the specified time, which is generally 35 days from the date of the refusal.

After this you will need to follow the court procedures by serving the documents to the other party within the specified time, and then go through the court proceedings by attending a hearing and waiting for the court’s decision. This process can be very long, and it can take several years before you have a hearing. 

It's important that you comply with all the requirements and deadlines for filing a court application and serving the documents as required by the court. 

It can be helpful to get legal advice from a migration lawyer to help you navigate your appeal process because I understand it can be very confusing and there are strict time frames you have to work with. 

Do you need help with your refused visa application?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your appeal application. 

If you have a Student Visa refusal, a Partner Visa refusal, a 482 Employer-sponsor Visa refusal, a 407 Training Visa refusal, a Graduate Visa refusal, a 491 Visa refusal, a 190 Visa refusal or any other visa refusal, we can assist you. 

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.

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How to Become a Registered Nurse in Australia – Requirements and Process

Working as a Registered Nurse or Midwife in Australia

If you are an Internationally Qualified Nurse or Midwife and want to work in Australia as a registered nurse or midwife, you may be eligible to get registered in Australia and apply for an Australian visa. The demand for skilled nurses remains high in Australia.

In the 189 Skilled Independent visa invitation rounds in 2023, nurses have been the biggest winners.

The following occupations received invitations at the minimum 65 points:

254111 Midwife

254412 Registered Nurse (Aged Care)

254413 Registered Nurse (Child and Family Health)

254414 Registered Nurse (Community Health)

254415 Registered Nurse (Critical Care and Emergency)

254416 Registered Nurse (Developmental Disability)

254417 Registered Nurse (Disability and Rehabilitation)

254421 Registered Nurse (Medical Practice)

254418 Registered Nurse (Medical)

254422 Registered Nurse (Mental Health)

254425 Registered Nurse (Paediatrics)

254423 Registered Nurse (Perioperative)

254424 Registered Nurse (Surgical)

254499 Registered Nurses nec

The registration process includes 3 different steps

What are the requirements for registration?

  • Successfully completed the nursing education
  • Qualification is equivalent to Australian bachelor’s degree (AQF level 7)
  • Have at least 800 hours of workplace experience in different health care settings
  • Certification from educational institute that proves of completing an assessment in medication administration and management
  • IELTS 7, PTE 65 & TOEFL 88 overall score and not less than that in any band
  • Professional’s skills and knowledge are up-to-date by meeting the recency of practice registration standard
  • Criminal history checked

Registered Nurse Australia

If you meet the requirements, then here is your Guide to the Registration:

  • Self-assessment with Australian Health Practitioner Regulation Agency – AHPRA
  • On the basis of your self-assessment, you will be assigned to the stream A, B or C by Nursing and Midwifery Board of Australia (NMBA) after an initial assessment.
  • Stream A: Candidates who hold a qualification that is relevant but not significantly equivalent to an Australian approved qualification and satisfy the compulsory registration standards. You'll need to pay the assessment fee and complete Orientation Part 1 before completing the Portfolio stage.
  • Stream B:Applicants who hold a qualification that is not significantly equivalent to an Australian approved qualification and satisfy the compulsory registration standards. It's recommended that you end your participation in the assessment process and upgrade your qualification if you wish to continue.
  • Stream C: Not fitting in A or B stream.
  • Once you are assigned to the stream A, B OR C then proceed further according to the stream.
  • Proceed for the Internationally Qualified Nurses and Midwives (IQNM) assessment process and pay the IQNM Assessment Fee.
  • Attend the Orientation Part 1 – It is an online learning course providing an introduction to Australia and the Australian healthcare context.
  • Portfolio (This is where you will be supplying the qualification and identification details and documentation.
  • Attend Multiple Choices Question (MCQ) exam (MCQ Exam is a computer-based multiple-choice test, undertaken at a Pearson VUE testing centre).
  • Objective Structured Clinical Examination (OSCE). It is a clinical exam to assess the candidate’s knowledge, skills and competence at the graduate-level nurse or midwife.

Candidates who have successfully completed the Orientation Part 1, Portfolio, MCQ exam and the OSCE exam are now eligible to apply for registration in Australia.

If you are ready you can commence the self-check here

How can I apply for registration once I am eligible?

Once you are eligible to apply for registration, the application form for the registration will be made available within your dashboard.

You can access the form and lodge the application.

What happens next?

APRAH will review and verify your qualifications, proof of Identity and other documentation.

The NMBA will decide whether to approve your registration, propose to register with conditions, or propose to refuse your application. You will be notified the outcome by email of registration if your residential address is in Australia, or via a letter of in principle approval of registration if you are currently living overseas.

What is in principle registration?

If you have met all registration requirements, but only provided the minimum proof of identity evidence with your application (because you were not living in Australia at that time), the NMBA will provide you with a letter providing in principle approval for registration, valid for three months, and detailing the outstanding proof of identity requirements. This does not mean that you are registered.

What is the propose to register with conditions?

If your registered nursing qualification is assessed at less than Australian Qualification Framework level 7, you will not meet the requirements for registration. However, if you hold a qualification that:

  • is solely in mental health, paediatric or disability nursing
  • meets all criteria under the current model for registration, except criterion 3 (that your qualification is at AQF level 7 or above)
  • is at AQF level 6, and
  • meet all registration standards
  • the NMBA will grant registration with conditions, which will require a period of 12 months full time equivalent supervised practice. You will also have a notation on your registration.

What is the next step after registration?

You need to get you skills assessment done from Australian Nursing & Midwifery Accreditation Council (ANMAC).

When can I apply for the visa?

Once you have a positive skills assessment from ANMAC, you will be eligible to apply for an appropriate visa.

Summary:

STEP 1 - Check the requirements for the registration

STEP 2 - Check the requirements for the immigration

STEP 3 - Complete the Self-assessment

STEP 4 - Complete the orientation part 1 successfully (Stream A)

STEP 5 - Complete the orientation part 1, portfolio, MCQ and OSBE exam (Stream B)

STEP 6 - Lodge an application for registration and provide all documentations to AHPRA

STEP 7 - Apply to be registered with NMBA

STEP 8 - Receive registration

STEP 9 - Get the skills assessed at ANMAC

STEP 10 - Apply for a visa

STEP 11 - Move to AUSTRALIA, get a job and work and live here.

Do you need help with your 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.

Book an Appointment 

About the Author: Wendy Guan – Registered Migration Agent in Adelaide South Australia

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Latest News in Australian Immigration – End of the 2024 Financial Year

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.

Tourist Australia 1

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.australian dollar bills 1

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

 

 

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Can I Apply for the 407 Training Visa? Eligibility and Requirements

Training Visa Australia

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.

407 Training Visa

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

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5 Visa Options if You Are 36 Years Old or Over and Can’t Qualify for a 485 Graduate Visa

Australian Visas 1

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.

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Business Visa 188 Closed & New National Innovation Visa for Investors

Business Visa Australia Closed 1

As stated in the budget papers, "The BIIP (Business Innovation and Investment Program) will be closed permanently from July 2024 and new applications for the Business Innovation and Investment (Provisional) (subclass 188) visa will no longer be able to be lodged." 

If you already lodged a Subclass 188 or Subclass 132 visa, the applications would continue to be processed in line with the planning levels.

2023 Migration Strategy confirmed that the government is lack of interest in current BIIP and it has reduced the BIIP allocation to 1,500 for financial year 2023-2024, a further 500 places will be reduced and bring down the total allocation to 1000 for 2024-2025.

Until 30 June 2022, the number of subclass 188 application on hand was 20,459.188_Business_Visa.jpeg

         https://www.homeaffairs.gov.au/access-and-accountability/freedom-of-information/disclosure-logs/2023

If, in the last 2 years, the Department was managed to clear the backlog and reduced the on hand applications to $15,000, it will take 10 to 15 years to finalise all the applications -- based on the allocations we get for this year and next year (1,500 and 1,000).

The Department will also “tighten” its policy to determine how the legislative is interpreted and applied, leading to a higher number of applications refused.

Therefore, the government has also announced an option for applicants to cease processing of a BIIP application with a refund of the visa application charges. This will be available from September 2024.

In the future, successful and talented business owner and investor may also have a chance to get a visa from Australia through the National Innovation Visa Program. We will have more updates coming by the end of 2024.

Subclass 188 visa holders will still be able to apply for the permanent visa subclass 888 visa after July 2024, subject to meeting all eligibility criteria. If eligible, they may apply under the provisional extension stream if they need additional time to meet the permanent BIIP visa requirements.

How can Work Visa Lawyers help?

Work Visa Lawyers can help you with your Business Visa. 

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.

Contact us on (+61) 08 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

Book an appointment with one of our experienced Immigration Lawyers and Registered Migration Agents here.

Sources: 

Department of Home Affairs website - Migration Program planning levels: https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels

Budget 2024-25 website:  https://budget.gov.au/content/documents.htm

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

 

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