The migration allocations for the year ending 30th of June 2024 have zero allocations for Business and Investor Visas. That signifies that there are no Business or Investor Visas available for this year, as illustrated in the chart below.

This means it will not be possible to get a state nomination for any of the four streams of the Business and Investor Visa Program. 

The four streams of the Business Innovation and Investor Programme (BIIP) are:

• Business Innovation stream
• Investor stream
• Significant Investor stream
• Entrepreneur stream

 Why did they close the Business 188 visa?

The Parkinsons’ Migration Review Final Report had several negative comments about the Business Innovation and Investor Programme. These negative comments included that the overall age of business Visa applicants is higher than other visas and that this could cause high medical expenses. Further, there were comments that 188 Visa holders had low incomes while in Australia.

In relation to the income point, we argue that this was based on accurate information that underestimated the range of income generated by Business Visa holders, including through their business and personal. 

The migration review also recommends revisiting the allocation of places across the permanent skilled program. In particular, it suggests reconsidering the size and role of the Business Innovation and Investment Program (BIIP), noting more positive outcomes from the Significant Investor Visa.

Other visa options

If you do not want to wait until new Business and Investor Visas are announced, you may consider the Global Talent Visa. 

To learn more about the Global Talent Visa and to explore your immigration options, please visit: https://www.workvisalawyers.com.au/services/global-talent-distinguished-talent-visas/global-talent-independent-visa.html

New Investor Visa opportunities coming from July 1, 2024

The Migration Review Final Report did mention some positive contributions by their Significant Investor Visa and suggests consideration be given to whether the BIIP is retained as a substantial program.

We expect a redeveloped version of the Significant Investor Visa to be introduced from 1 July 2024. 

On page 66 of the report, there are suggestions that consideration should be given to whether the BIIP is retained as a substantial program: “We note that outcomes for the small Significant Investor stream have been stronger than for the remainder of the BIIP. If there is a desire to retain some element of the BIIP, consideration could be given to drawing on the relative strength of this stream in designing a niche investment visa product, much more sharply targeted to select migrants able to drive innovative investments or play a valuable role in the venture capital industry.”

It is expected that the new investor Visa will be similar to the current significant investor Visa and may require: 

• $5000,000 investment into a complying investment
• Complying investments are yet to be determined by the federal government and may include a stipulated percentage of investment into venture capital.

If you intend to invest in Australia, we can help you find the best Australian business visa options. Our team of experienced Immigration Lawyers and Migration Agents looks forward to assisting you. If you are interested in a Significant Investor Visa for Australia, please contact us.

Sources:

https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels

https://www.homeaffairs.gov.au/reports-and-publications/reviews-and-inquiries/departmental-reviews/migration-system-for-australias-future

https://www.homeaffairs.gov.au/reports-and-pubs/files/review-migration-system-final-report.pdf

 How can Work Visa Lawyers help?

If you need help with this visa, Work Visa Lawyers can assist you.

Work Visa Lawyers is highly experienced in all parts of an employer-sponsored visa application process. We can assist with all aspects of the application and will provide an eligibility assessment before advising you to proceed with a 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.

New South Wales (NSW) intends to commence invitation rounds for the Skilled Nominated visa (subclass 190) next week. NSW will no longer rely on specific ANZSCO unit groups to compile a skills list. Instead, it's adopting a dynamic sector-focused strategy to meet the demands of the job market.

NSW Target Sectors

The priority sectors identified by NSW closely mirror the current skills shortages within the state. These key areas include:
• Health
• Education
• Information and Communication Technology (ICT)
• Infrastructure
• Agriculture

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

Requirements 186 Direct Entry Stream:

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

Victoria has officially opened its State Nomination Program for the year 2023-24. This program provides aspiring skilled migrants, both within Australia and overseas, with an opportunity to pursue permanent residency in Victoria.

Victoria has set aside 2,700 allocations for the Subclass 190 visa and 600 for the Subclass 491 visa. This allocation distribution primarily emphasizes the Subclass 190 visa, making it an attractive option for those looking to secure permanent residency in this state.

Migration Queensland Program will begin inviting selected applicants from the end of September 2023 and hold invitation rounds at the end of each month for the remainder of the financial year 2023-24. The number of applicants invited each month will be capped to ensure an even and consistent rate of invitation throughout the program year. Due to this competitive process, ensure that you explore alternative migration options.

Western Australia (WA), South Australia (SA) and Victoria (VIC) are offering cash incentives for migrants for occupations in healthcare and construction. If you are a health worker or a construction worker, the opportunity is now. You can get the incentive if you move to their state and take up a job. If you have friends or family in construction or health care, then tell them about these amazing offers.

There are massive reductions of around 70% to all the state nomination allocations for General Skills Migration (GSM) for 190 and 491 visas. These allocations were released by the federal government on Thursday, August 25th.

We have created a chart to compare last year’s allocations with this year’s, and percentage cuts. The shocking overall numbers are that the combined state allocations for 190 and 491 visas in 2022-23 were 62,416, while for 2023-24, the number has reduced to just 16,700.

Welcome to our August Australian Immigration News, where we bring you crucial updates on changes in Australian immigration. In this edition, we cover a range of topics, including alterations to the 189 and 190 visas, state nominations, 408 pandemic visa, cash incentives offered by states for specific occupations, VETASSESS Skill Assessment, Parent visa program, English testing modifications, Aged Care Agreement and more. For detailed information on all visas, visit Work Visa Lawyers. 

There’s good news for Australian aged care providers who are struggling to meet the growing demand for skilled workers!

Aged care workers no doubt play a crucial role in supporting and caring for Australia’s ageing population. Aged care providers can now request an Aged Care Industry Labour Agreement (“ACILA”), which aims to help address the serious and ongoing shortage of workers all throughout Australia.

What does this labour agreement offer?

Under the ACILA, approved aged care providers can nominate skilled workers for certain employer-sponsored visas, to work in direct care occupations such as:

• Nursing Support Worker

• Personal Care Assistant

• Aged or Disabled Carer

Registered Nurse and Enrolled Nurse occupations are not included in this Agreement.

What do employers need to do?

Firstly, aged care providers who want to access this labour agreement must consult with and enter into a Memorandum of Understanding (MOU) with the relevant union(s):

• Australian Nursing and Midwifery Federation
• Health Services Union
• United Workers Union

The relevant union for the MOU will depend on the occupation group(s) being sought, service settings (residential or home care) and the state/territory where services are provided. In some instances, more than one union could be party to the MOU.

After an MOU is signed, aged care providers can proceed to request a Labour Agreement by making an application to the Department of Home Affairs.

What visas are available under this agreement?

Employers can either sponsor a skilled worker for:

• Temporary Skill Shortage TSS (SC 482) - provisional visa valid for up to four years

For eligible applicants who hold a relevant AQF Certificate III or equivalent OR have one year of relevant work experience (to substitute for the formal qualification)

No extra work experience is required in addition to the above.

A permanent residency pathway can be available to sponsored workers who demonstrate at least 2 years of full-time experience in the nominated occupation in Australia.

• Employer Nomination Scheme ENS (SC 186) – permanent visa

Those who have already worked in aged care in Australia could access a shorter, direct path to permanent residency (PR).

Applicants who possess two years’ experience in a directly relevant occupation (not tied to a particular employer or visa subclass) may be nominated for a permanent 186 visa.

This work experience must have been undertaken in Australia (meaning overseas experience does not count). 

For both TSS and ENS visas, work experience needs to be relevant to the nominated occupation (at the required skill level), full-time or otherwise part-time pro rata, and undertaken in the last five years.

Advantages of Aged Care Industry Labour Agreement vs Designated Area Migration Agreement (DAMA)

1. Salary concession

The Temporary Skilled Migration Income Threshold TSMIT for employer sponsored visas is set at $70,000 (or at least $63,000 if salary concession is available under a DAMA).

Compared to this, the minimum salary under the Aged Care Industry Labour Agreement is AUD $51,222. 

2. Certainty in occupations available

The Agreement covers a range of lower-skilled and semi-skilled roles within the aged care industry, namely Personal Care Assistants, Aged or Disabled Carers, and Nursing Support Workers.  These roles are no doubt essential for ensuring quality care and continuity of care. 

Compared to this, not all regional areas covered by a DAMA contain all of these occupations.

3. Direct PR pathway

The Aged Care Industry Labour Agreement can offer a quicker path to PR for those who already have relevant Australian work experience in the aged care industry.

Work Visa Lawyers has supported many businesses across Australia to negotiate and enter into labour agreements including DAMAs, industry and company specific. If your sponsorship needs are not currently being filled by the standard migration program, we are here to help.

FAQS

Do I need a skills assessment?

Applicants do not need a positive skills assessment, if they hold a relevant AQF qualification that was completed in Australia.

A relevant skills assessment for the nominated occupation is required for applicants who have an overseas qualification or are relying on work experience to substitute for a formal qualification.

Should I get a Student visa to study Aged Care?

Aged care studies may not be the preferred option, because it does not directly lead to visa options in the standard migration program. You might instead consider studies in a field with more migration pathways.

The aged care occupations are not currently on Australia’s skilled occupation list. This means visa options are limited for aged care workers.

For instance, there are no General Skilled Migration pathways (points-based visas Skilled visas such as 189, 491 or 190).  

Employer sponsored visas are only available under certain Designated Area Migration Agreements, or otherwise the Aged Care Industry Labour Agreement. A challenge could be finding a sponsoring employer willing to nominate you for a visa.

A family member or friend in Australia wants to sponsor me, to provide aged care support services. Can they apply for an Aged Care Industry Labour Agreement?

No, only Australian aged care providers can access an Aged Care Industry Labour Agreement.

An approved provider is an organisation that has been approved by the Aged Care Quality and Safety Commission, to deliver Australian Government subsidised home, residential or flexible care services to older Australians.

Your family member or friend might instead consider accessing those services through an aged care provider that you work for.

How do I find a sponsor for the Aged Care Industry Labour Agreement? 

These are some approaches you can try:

1. Search popular recruitment websites such as Seek or Indeed. You could include search terms such as “DAMA”, “sponsorship”.
2. Speak with those in your networks. Perhaps you have a friend or coworker working in aged care who can recommend or refer you
3. At the time of publication, this is the list of current Aged Care Industry Labour Agreements:

• Curtin Heritage Living Inc.
• Uniting NSW.ACT
• TLC Aged Care Pty Ltd
• Fremantle Italian Aged Persons Services Association Inc

The Department of Home Affairs also publishes a list of current labour agreements here (but this may not be regularly updated though): https://immi.homeaffairs.gov.au/visas/employing-and-sponsoring-someone/sponsoring-workers/nominating-a-position/labour-agreements/list-of-current-labour-agreements  

I’m 45 years old (or over), can I apply for permanent residency through an Aged Care Industry Labour Agreement?

Unfortunately not. The ACILA does not offer a concession to the age limit for PR (186 visa), and applicants must be under 45 when they apply for this visa.

What concessions are available under the Aged Care Industry Labour Agreement?

Salary

A reduced TSMIT applies - $51,222 per annum.

English

English requirements depend on whether the aged care provider is CALD (Culturally and Linguistically Diverse) or not.

Those sponsored by CALD providers must achieve:

• 482 visa – overall IELTS 4.5 (or equivalent) with no minimum scores in each band
• 186 visa – overall IELTS 5.5 (or equivalent) with no minimum scores in each band

Those sponsored by non-CALD providers must achieve:

• 482 visa - IELTS 5.0 (or equivalent) with minimum of 5.0 for Speaking and Listening, and 4.5 for Reading and Writing.
• 186 visa – overall IELTS 5.5 (or equivalent) with no minimum scores in each band

Sources

https://www.agedcarequality.gov.au/providers/becoming-approved-aged-care-provider

https://immi.homeaffairs.gov.au/what-we-do/skilled-migration-program/recent-changes/new-aged-care-industry-labour-agreement

https://www.homeaffairs.gov.au/foi/files/2023/fa-230601478-document-released.PDF

***

How can Work Visa Lawyers help?

If you needs help with this visa, Work Visa Lawyers can assist you.

Work Visa Lawyers is highly experienced in all parts of an employer-sponsored visa application process. We are able to assist with all aspects of the application, and will provide an eligibility assessment before advising you to proceed with a visa application.

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.

This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent (like Work Visa Lawyers) to form an informed opinion on your immigration matter.