Get Permanent Residency as Registered Nurse in Australia
With the global pandemic Covid 19, the need for Nurses has been greater than ever before.
The whole world is facing a shortage of nurses and so is Australia.
Figures from the Migration Report of the Department of Home Affair show that Registered Nurses are among the top 3 occupations that have been granted Australian Permanent Residency.
In the first quarter of Migration program year 2022-2023, Registered Nurses are still one of the high demand skilled occupations in Australia, not to mention the highest demand for now.
We are discussing here some information about what different types of nursing professions are available, how to get skill assessment and how to get Australian PR if you are a Nurse by profession.
Today we are going to talk about the recent news about business innovation and investment visa 188 in Australia.
There is not so much good news regarding the Business and Investment Visa in Australia recently from the minister's talk and the Business Visa Allocation announced in late August 2022.
There are comments that Investor Visa streams do not bring benefits to Australia or are being criticized by the Minister of Home Affairs, Ms Clare O'Neil and the Grattan Institute.
State criteria has become more difficult for the Business Innovation stream 188a visa with higher points score. This is due to the low allocation provided by the Department of Home Affair which makes it harder to nominate applicants for states and territories.
Though there is negative news, the business and investor visa program is still very beneficial to Australia on my perspective. There are a lot of values it brings that are mentioned in the video.
It becomes more difficult to get a 188A, the applicants need to apply for ITR and be invited to apply for nomination.
Other than that, applicants must:
- Score at least 80 points in the points test (including state nomination points).
- Provide a business plan detailing the economic impact of your proposal to South Australia
A business plan will be given more weight in terms of nomination ranking factors.
It is also more difficult to get 888A Business Innovation Stream (PR Australia):
Higher investment requirement, 300k instead of 200k, AND
2 full-time employees
Director's loan is not considered as business asset by Move to SA.
It wants the 188A visa holders to spend the money in SA to show Benefits to the State!
Business and Investor Visa QLD
Migration Queensland advises that the interim nomination allocation (quota) for the business program (BIIP) has now been filled.
However, the business program remains open and MQ will continue to process applications – although we are unable to nominate on Skillselect.
MQ is currently awaiting further advice from Home Affairs as to when this final allocation will be provided.
For applications that are already submitted to MQ, and would like to withdraw to apply to another state or territory, please contact us here.
SIV news from the Minister’s talk
In the latest talk, Minister Clare O’Neil mentioned:
"I think most Australians would be pretty offended by the idea that we've got a visa category here where effectively you can buy your way into the country,"
"I don't see a lot of great benefits to the country currently." When she was asked by Andrew if the Golden Visa Australia might be abolished.
The minister has criticized the Significant investor visa to be bringing in older people who can cost the budget.
Investor Visa Australia - Comments from Grattan Institute
These comments reflect what has been published by the Grattan Institute, a private research body in which recommends public policy.
The Grattan Institute has put forward the view that business migrants pay less tax over the lifetime than skilled visa migrant workers.
The institution seems to be criticizing all 4 streams of the business and innovation program.
What is the future for Business and Investor Visas Australia?
There is a strong possibility that the Federal Government will totally cut the Significant Investor Visa stream of the 188 sometime in the future.
There is also an unanswered question that will also cut the investor visa.
This is also referred to as the 188B Visa Australia.
It requires a 2.5 million investment into the complying fund.
But the investor is difficult because it does have a prerequisite of investment experience and an age limit of 55.
We still need more time to see what is going to happen with the Significant investor stream and the investor stream.
In the meantime, it is still available and no ministerial guidelines about the abolishment of the program.
Chris's comment on current Business and Investor Visa news
I personally don’t agree with the analysis of the Minister nor the Grattan institute
The measure of individual tax payment does not reflect the true benefits of business and investment visas.
These include:
Create capital for small businesses or venture capital funds
Create more jobs for Australians
Export Australian products especially 188a visa stream
Create ties to increase international relations.
Can promote regional property development, especially for 188A stream
What to do now?
With limited allocations, it is no doubt the business visa program will become more difficult
The quotas can be filled very quickly before this financial year ends.
There is also the possibility that some of the 188 visa streams will be cut.
So if you are interested in a business and investment visa in Australia, you should consider applying soon.
If you want a business visa in Australia, please book an appointment or use our Business Visa Compare tool.
With Business visa compare, you only need 5 minutes to answer some simple questions and get your best business visa options.
Australia is always the top desitnation for family to enjoy the quality of living standard, education and outdoor activities. Work Visa Lawyers has professional Immigration Lawyers and Agents to deal with your Visa matters. We also have trusted financial advisory partners who are eligible to manage your investment portfolio in Australia.
For a quick assessment of your best Australian Business Visa options, please visit our FREE assessment tool: Business Visa Compare
More about the Business Visa Australia Agents and Lawyers
Understanding the difficulties in choosing the best Australian Business Visa options, Business Visa 188 Agents and Lawyers team have worked together to create this tool to help experienced business owners or investors find their best Business and Investor Visa options in Australia.
Work Visa Lawyers has strong immigration knowledge and committed to keep updating our website and Business Innovation and Investment news in Australia.
Work Visa Lawyers ® is a migration firm founded by Lawyer Chris Johnston in 2011. Our team is focused on providing quality immigration services to our clients, wherever they are in the world. We speak English, Mandarin, Cantonese, Punjabi, Hindi, Tagalog (Filipino), Portuguese and Vietnamese.
We can help you with the Business Innovation and Investment (Provisional) visa (subclass 188) for the following four streams and Global Talent Visa:
We are experts in Business and Investor Visas 188 and Global Talent Visa 858 in Australia. We help overseas business owners, investors to create a new life in Australia with their family much faster through those visa streams.
Basically, this is the fast-tracked permanent residency pathway for highly skilled and talented people in the world with significant achievement in Australia’s target sectors.
There are about 10 target sectors listed for the GTI program Australia.
There is no specific occupation required for being eligible for the Global Talent Visa program.
Within the scope of this writing, we only mention the latest update that we have received on the media or during our visa application process.
Updates on Offshore applicants as the highest priority for Global Talent Visa Program
In a bid to “fix” the immigration system and address the skill shortage, the Australian government announced that it will be making some changes in the processing the Global Talent Visa.
One change that was flagged by the Home Affairs Minister, Ms. Clare O’Neil in an interview with the Australian Financial Review is the Global Talent Visa program.
Minister O’Neil said that the only candidates that would be considered are those located offshore.
With the explanation that onshore applicants may be able to find other pathways for Australian PR.
The government would like to focus more on recruiting talent worldwide.
Last program year has seen a more than 70% of GTI visas were granted to ONSHORE applicants.
However, to date, there are still no legislative, regulatory, or policy changes nor new Ministerial Directions to this effect.
We have been advised that the Global Talent Visa EOIs continue to be processed in submission order.
According to the Global Talent Visa program officers: “Government is currently revising Ministerial directions to give priority to applicants for a permanent visa where the applicant is offshore, including within the Global Talent program. This will enable more workers to enter Australia more quickly, contribute to the labor market and ease labor shortages.”
This is appropriate because most Global talent visa applicants in Australia have secured their own stable jobs.
Granting those onshore workers will not help deal with the labor shortages the country is facing.
So, for now at least, pending any policy changes, EOIs from onshore applicants are still being accepted and processed.
Global Talent Visa priority assessment order
EOIs for the Global Talent visas are usually assessed in order of receipt but some EOIs receive priority assessment. these are:
Those that have the confirmed support of a Global Talent Officer
The EOIs from Hong Kong nationals and residents
Candidates of extremely high calibre including those who meet the high-income threshold.
Those EOIs that clearly do not meet the criteria for the Global Talent Visa may receive an early unsuccessful notification.
Global Talent Visa Current processing time
It is advised by the department that they are currently processing EOIs submitted in April 2021.
With the current skills summit, the government has announced the budget to deal with the backlog.
In fact, our clients have received good turnaround time recently.
We expect that in the near future, the Global Talent Visa processing time will be decreased further.
Removal of EOI invitation expiry
One recent significant change in the Global Talent Visa program is the removal of the EOI invitation expiry.
Prior to this, EOI invitations are only valid for 12 months.
That means those who got the invitation to apply for the Global Talent Visa have 12 months to apply for the visa.
Following that, the jobs and skills summit held in Canberra on the 1,2 September 2022 has announced a lot of current Australian immigration initiatives.
There are some key points to be mentioned later in this blog regarding the summit outcomes.
There is still much more news to come in the future.
We believe this year’s migration program is very promising.
This article will discuss all the latest Australian Immigration updates in September and August 2022:
State Allocation Confirmation from Australian Government for Program year 2022-2023
State Nomination visa 491 and visa 190 Update
Visa 189 Skilled independent invitation round
Skills Summit Outcomes
Agriculture Industry challenges
Post Study work visa 485 Extension for Select degree (minimum 4 years duration)
SA Skilled Migration Program update
Business Visa Australia update on allocations and requirements
State Allocation 2022-2023 - Big Increase for Skilled Migration Program
The interim allocations for all states and territories have been released.
The total allocations have been up to about 50,000 this financial year.
There are massive allocations increases in permanent visa 190 with nearly doubling the places.
That shows a move to encourage permanent migration under the new labour government.
In more detail, NSW, Victoria, and WA see significant growth in both visa streams.
Other states have received more quotas than last year.
It is going to be a great year for skilled migrants who seek permanent residency in Australia
Skilled Migration Program Update - visa 190/491 updates in 2022
On the 25 of August, South Australia is the last state to announce the opening of their skilled visa 190/491 program.
There are many positive changes in all state nomination programs including:
Much simpler nomination criteria in all states
Fully opening for offshore application
In the scope of this video, we cannot demonstrate the criteria of each state.
However, you can always get access to it by the link above.
What you should do now?
Upon the opening of state nomination, all skilled workers should start to seek a suitable nomination.
Next, you should ensure that you have a valid SKILL ASSESSMENT and eligible English test result.
Calculating your EOI points and considering age points are also necessary.
So far there has been all positive news for international students and skilled migrants.
Hopefully, there will be more PR options in other streams like employer-sponsored.
Please subscribe to our channel for the latest updates.
SA Skilled Migration Program - SA visa 491 and 190 2022-23 program year
At its last announcement, SA has opened its skilled visa 491 and 190 to over 500 occupations
In that, 97 new occupations have been added to SA’s high-priority visa list including some popular ones like:
Finance manager/broker
Accountant
ICT occupations like Software engineer
Hairdressers
Community service workers
Project administrator
SA is now rolling out a “magnet state” campaign that attracts young people in Australia to come.
Premier Peter Malinauskas says:” you can have a global career in South Australia, living, studying, and working alongside the world’s current and emerging leaders, coming together to achieve great things.”
Tasmania State Nomination - Tasmania Skilled Visa 491 and 190
The Tasmanian Skilled Migration State Nomination Program is expected to open to gold and green pass candidates by Monday 12 September 2022.
Please ensure that you meet the minimum requirements and have at least one gold or green priority attribute.
After that, you may be able to register your interest in the nomination.
NSW state nomination update - Skilled Occupation Lists - Visa 491 and 190 NSW
Overall, the jobs and skills summit focus on dealing with current labour shortages and economy issues. A bigger, better trained and more productive workforce are the goal to acquire. The aim is to deliver high paid jobs, boost incomes and living standards and create more opportunities for Australians.
However, within the scope of this writing, only migration aspect will be outlined.
There are many migrations focused on 4 immediate initiatives and longer-term focuses:
1) Lifting migration cap with more focus on PERMANENT migrants
2) Increasing the speed of visa processing
3) Enabling graduates of Australian universities to work in Australia for longer
4) Extending the lifting of restrictions that allow temporary visa holders to work more hours
Lifting permanent migration number to nearly 200,000 for 2022-23 fiscal year and processing more visa backlogs
Australia is facing a severe skills shortage and a huge visa backlog.
The government believe by clearing the backlog and increasing permanent migration would heal the pain of skilled labor shortages
Immigration Minister Andrew Giles has recruited more than 500 new staff to clear the visa backlog sitting at around 900,000.
The government will spend $36.1 million to clear the backlog
Home Affairs Minister Clare O’Neil announced the skilled migration cap in 2022-23 would be lifted to 195,000 – up from 160,000
+ Including 9,000 places for regional Australia to 34,000
+ additional 4,700 for healthcare
+ additional 6,100 for infrastructure
+ additional 6,800 for technology workers.
+ additional 5,000 for business sponsorships.
For a longer term, a permanent migration is set to be executed.
What does it mean?
It means thousands more nurses and thousands more engineers settling in the country this year. Those medium and long term skilled occupation will receive a lot of benefits from the government.
Moreover, the new Labor Government will start to re-assess the occupation list.
Increase the duration of 485 visa for international graduates in Australia
Foreign students’ graduate visa 485 extension and relaxing work restrictions will be available to strengthen the workforce pipeline.
The Australian Government will increase the duration of post-study work visa 485 for international students
This will help strengthen the pipeline of skilled labor.
The extension only applies to select degrees in areas of verified skill shortages.
Eligible graduates will have their visa 485 increased from:
Two years to four years for select Bachelor’s degrees
Three years to five years for select master’s degrees
Four years to six years for select PhDs.
A working group will be established to advise on the development of this and other relevant issues.
The group will report to Ministers by 28 October 2022.
At the moment, only 16 percent of international students stay on after their studies end.
This will mean they can stay on longer and use their skills to contribute to the productivity of our economy.
The outcomes from the skills summit are geared towards supporting international education.
International education is an important Australian industry that has been heavily impacted by the pandemic.
Continued temporary relaxation of working hours for internation students holding 500 visa
Regarding relaxing work restrictions, international students will still be able to work more than 40 hours per week until June 2023.
Moreover, international students will be able to work before the course commencement.
Until June 2023, no restrictions will be applied to international students about their working right.
Increase the Temporary Skilled Migration Income Threshold (TSMIT)
It is recommended by the parties to raise the TSMIT. This is one of the main factor for TSS 482 Visa program.
The minimum wage payable to temporary skilled workers currently at 53,900 will be lifted to 60,000 as wanted by business groups.
Unions want it to be 90,000 to avoid exploitation in low-paid jobs.
The aim of the change is to increase the living standard of those temporary visa holders whilst in Australia.
Agriculture Visa and Challenges in Agriculture sector in the near future
A new group of farmers, unions, and the Federal Government has been formed to tackle chronic workforce shortages in the agricultural sector.
Agriculture Minister Murray Watt announced the group on the sidelines of the summit
Senator Watt said the working group would meet monthly over the next year to discuss the sector's challenges
It has been estimated at 170,000 worker shortfalls.
This will make sure that farmers can get the workers that they need and to make sure that agriculture workers are protected and respected in their work.
In a new release from Department of Home Affairs, they confirmed that the PALM scheme will remain a key program for meeting agricultural workforce shortages. They are planning to boost permanent migration through new Pacific Engagement Visa to be introduced in July 2023
3000 Visas would be allocated annually, Applicants need to be aged between 18 and 45 years, having a job offer in Australia, and some English proficiency.
More information will be published later.
If you are working in Agriculture, consider another options if not eligible for PALM scheme. For more options, check this link
Business Visa Australia Allocation and Its Future
This year has seen very low allocations for business innovation and investment visa in all states.
NSW has published its business visa requirements with slightly higher criteria.
Instead of 65 points for 188a and 188b visa, the requirement has now been raised to 85 in NSW.
Not just NSW, other states have announced their business visa program with very low places.
Consequently, States will become more difficult in picking up suitable applications.
Global talent visa updates 2022 - EOI and Priority Processing Criteria
EOI Expiration
In recent notice from the Department of Home Affairs, they have announced there will no expiration date for the Global Talent Visa program Expression of Interest.
The current duration cap is 12 month.
The GTI officers are currently processing EOIs submitted in April 2021. However, for some cases, you might receive early invitation.
Work Visa Lawyers clients got their invitation in just 2 days with support of Global Talent officer.
In which order are EOIs considered?
Expressions of Interest are usually assessed in order of receipt, however the following may receive priority assessment:
Confirmed support from a Global Talent Officer
Hong Kong nationals and residents
Candidates of extremely high calibre
EOIs from candidates clearly outside program parameters may receive early notification.
JUST IN: 10/8/2022, ACT is the fist state to open their skilled migration program with its interim allocation. It is followed by Tasmania and Victoria to open their state nomination on 11/8/2022.
All those visas have permanent residency pathway options and a guaranteed market salary for you.
Today we are going to talk about the 2 most popular employer sponsored: visa subclass 482 (temporary skills shortage) and lesser known 494 Visa (Skilled employer sponsored regional).
An approved Standard Business Sponsor might be able to nominate skilled workers.
Normally there must be involvement from both employer and employee sides for the visa application.
In this blog, we only mention what applicants need to know about the difference between 482 visas and 494 visas.
482 visa – Temporary skills shortage (TSS)
The TSS visa, or 482 visa, is a temporary visa that permits the holder to
Live in Australia with their immediate family members, children can go to school and secondary applicants over 18 years of age can work in Australia
Genuine intention to work in the nominated position
Qualifications that are relevant to the position
Adequate arrangements for health insurance
Meet health, character and English requirements
494 Visa – Skilled Employer Sponsored Regional (Provisional)
The 494 Visa Australia allows skilled workers to be sponsored by an Australian employer in a regional area for up to five years
494 Visa holders can: • live and work in Australia for up to five years • include immediate family on 494 visa • transition to permanent residency (if eligible) via the 191 Regional Skilled Visa
494 Visa Requirements To be eligible to apply for visa 494, applicants must
be under 45 years
have at least 3 years work experience
have a valid skill assessment
demonstrate competent English
meet the health and character requirements
This table below will show you the comparison between the 2 visa eligibility criteria
Requirement
482 Visa - Temporary Skills Shortage (TSS)
494 Visa - Skilled Employer Sponsored Regional
Age
There are no age limits for the 482 visas.
Age limits do apply for the permanent residency pathway unless an exemption applies
Applicants must be under 45 years of age at the time of application, unless exempt.
English requirement
Requirements depend on whether applicant’s occupation is within the Medium and Long-term Strategic Skills List (MLTSSL), or Short-term Skilled Occupation List (STSOL).
MLTSSL (Medium Term): IELTS 5 in each band or 36 in each band for PTE.
STSOL (Short term): At least 4.5 in each band with an overall 5 for IELTS and at least 30 in each band (with an overall 36) for PTE.
Certain exemptions may apply, such as those who completed at least 5 years’ full-time study in a secondary/higher education institution where the medium of instruction was English.
Competent English - At least 6 in each band for IELTS or at least 50 in each band for PTE.
Applicants holding passports of Canada, New Zealand, Ireland, UK and US are exempt.
Skills Assessment
No, unless occupation and passport are specified in the legislative instrument
Certain exemptions apply, for instance 457/482 visa holders employed in the nominated occupation in Australia or Australian qualification holder that is commensurate to ANSCO-required qualification
Yes, although certain exemptions may apply such as those with positive skills assessment from 457/482 application
Work Experience
At least 2 years of work experience. According to departmental policy guidelines, this should have been within the past 5 years and casual employment is not counted.
At least 3 years of relevant employment experience. According to departmental policy guidelines, casual employment may be counted provided this equates to 38 hours per work.
NOMINATION REQUIREMENTS FOR 482 VISA AND 494 VISA
Similarities
Start with some similarities between the 2 visa subclass
It is obvious that both the 482 and 494 require applicants to be nominated by their employer.
There are some more similarities between the 482 visa and visa 494 in terms of:
Labour Market Testing (This is to show there is no suitable Australian citizen/permanent resident who can fill the nominated position)
The requirement to demonstrate the nominated salary is at least $53,900 (excluding superannuation)
Meets the Australian Market Salary Rate (AMSR) i.e.,
This ensures that the worker receives the salary that would be paid to an equivalent Australian worker in the same position at the same location.
In general, those are all the basic requirements to protect international workers.
Let’s move on to the most interesting part
Advantages and disadvantages between Visa 482 and Visa 494
There are 3 significant differences between the 2 visa streams
The dependence and Independence on Employer for Australian PR application
The most significant difference between the 494 visas and the 482 visas is the PR requirement.
With the 494 visas, you don’t need an employer to nominate you for PR.
Provided that you have met other 191 PR requirements such as:
Living and working in a designated regional area for 3 years
Have earned 53,900 per annum for those 3 years
*Please note this income threshold can be adjusted periodically in line with the inflation rate or consumer price index
For 482 Visa medium-term holders, they must be sponsored for a transition stream of PR 186 Visa.
More details can be watched the video below about how to get PR with 482 Visa:
However, there is no minimum income requirement to apply PR for 482 Visa holders.
The flexibility of location of work for 482 visa holders
Another difference between these two visas is flexibility in the location of the work.
The 482 does not require the visa applicant to work in a particular area, meaning they can work anywhere in Australia.
However, it depends on the occupation that applicants are holding to determine if they are eligible for PR or not.
That is why the 482 visa is very popular for skilled migrants who are currently working in Melbourne, Sydney, or Brisbane because it is hard for them to get PR with Skilled nominated Visa 190.
As a result, international workers from metro areas are moving regional just for permanent residence options.
There are always work needed from both sides for any employer sponsored visa in Australia.
- Employer Sponsored Visa nomination for employer
- Visa application for employee (main applicant)
As an employer trying to fill a skills shortage in your organisation, the requirements for sponsoring an overseas worker can feel overwhelming sometime. If you do not have a good team who is able to handle it, Work Visa Lawyers is here to help.
As skills shortages continue to get worse rather than better, I hope to set out some of the key steps in any employer sponsorship process to make the system easier to understand. Of course, this short blog could not include every possible requirement and is a starting point only.
If you have already conducted recruitment efforts at this point and located the worker you are looking to sponsor, their age, English language ability, qualifications or years of work experience can influence which programs you are limited to.
The DAMA program is specifically designed to allow sponsorship of workers in areas of key need where the worker may be older or have a lower level of English language ability than is permitted under the other programs.
Labour Market Testing (job ads)
Labour Market Testing is an important part of the Government's systems for “putting Australian workers first”. The requirements have grown more rigid of the last 4 years and have moved further away from modern business practices.
Often the Standard Business Sponsorship is described as the first step of “sponsoring a foreign worker”. However, as Labour Market Testing takes a minimum of 4 weeks to run properly, this is often the first thing you want to do to get your new staff member onboard as soon as possible.
Generally, 3 online ads are the best way to go, one of which being on JobActive. There are requirements to include the salary if the worker will be paid under a certain threshold.
Most DAMA programs currently allow for 2 job ads that have been run in the last 12 months before submitting the linked nomination application.
Labour Market Testing is not required where International Trade Obligations override the Government’s interest in putting Australian workers first.
It is important to note that the 186 visa program does not formally require Labour Market Testing, however, conducting job ads can be a good way to demonstrate that the position being nominated is genuine in the Direct Entry stream.
Standard Business Sponsorship
If you are using the medium-term stream or short-term stream of the 482 visa program, or the employer-sponsored stream of the 494 visa program, your first application to the Department of Home Affairs will be a Standard Business Sponsorship.
This is centred entirely on your business and requires demonstrating that you are lawfully operating a business (two requirements: lawful and operating). The Department will also consider any adverse information and determine whether your business’ track record is suitable for the employer sponsorship program (this can include records of breaches of laws, especially employment laws, insolvency, or untruthfulness).
Designated Area Representative (DAR) endorsement
For the DAMA program, you need the endorsement of the Designated Area Representative (who would have negotiated the DAMA for the area) before you can “negotiate” a Labour Agreement with the federal government.
Requirements for DAR endorsement are thoroughly unique to the local area and the occupation(s) being nominated.
Generally they will require you to demonstrate that you have a business in the local area, a need to use the program, and will also want to check almost all requirements for the business and visa applicant before endorsing.
Labour Agreement negotiation (DAMA and other labour agreements)
Once endorsed by the DAR if required, the business then applies to the federal government to enter into the desired labour agreement.
If successful, the Department of Home Affairs will send you a labour agreement to sign, which might include a range of different terms depending on the particular labour agreement program being used.
Nomination application
For the sponsoring business, the nomination application is the one constant through all programs. Whether you are using the 482, DAMA, 186, 494 or any other employer-sponsored program: no-one escapes the nomination.
While the Standard Business Sponsorship is not related to any particular roles in the business, and the DAR endorsement and labour agreements can set out multiple roles the business is seeking to fill with overseas labour, the nomination identifies one single position and one single person who will be filling that role.
If you have 5 nurses to fill workforce shortages, that means you will be doing 5 nomination applications – one for each of them.
Visa application
Once all above steps have been successful or at least sent to the Department, the worker can submit their visa application.
This is the main stage where the worker’s qualifications, work experience and English language ability, as well as heath and character, are assessed by the Department. If partner and/or children are included in the application, the Department will be checking that they also meet their own requirements.
Applicant skills and English requirements are set, among other reasons, to ensure that foreign workers are able to enter Australia and fill the required skills shortage quickly and effectively.
Once it’s all over (or is it?)
Once you have the visa, the endpoint of all this, it is time for the worker to travel to Australia to join your business.
Once on-staff, it is important that you comply with all the sponsorship obligations. You can read more about sponsorship obligations here. Obligations will vary to some extent between 482, 186, DAMA and 494, but are largely overlapping for the 482 and 494, as well as the DAMA route of accessing those.
Put simply, it’s important to follow through on the range of commitments made to the Government throughout the sponsorship processes discussed above, most obviously paying the worker at least the guaranteed amounts you had set out. The Department can undertake monitoring activities to ensure this is being done.
This article is updated regularly. Last updated: September 08, 2022
This article will outline all 491 visa and 190 visa nomination requirements in each state and terriotory in the new financial year 2022-2023.
Their Skilled Occupation List will also be covered in this article with a goal of giving all skilled migrants a comprehensive guide for Skilled Visa program in Australia 2022-23.
Currently, all states and territories are opening their skilled Visa 491 or Visa 190 program because they have received state nomination allocation from the Australian Government on for the 2022-23 program year.
More details of the allocation are illustrated below.
There are a few major streams for Employer Sponsorship program in Australia: 494 Regional Skilled Employer sponsored, Global Talent Visa which might ask a nominator is a company or an Australian organization, or DAMA, just to name a few
However, within the scope of this article, we will be talking about the Temporary Skill Shortage (TSS) 482 visa program
The Temporary Skill Shortage (TSS) 482 Visa program was designed to address identified skills shortages, allowing businesses to enhance their workforce by sponsoring workers from overseas to live and work in Australia on a temporary 482 visa.
The 482 Visa Australia is getting more popular and being focused by Australian Government in this financial year ending June 2023 to solve the skills crisis in Australia post-pandemic Covid-19.
According to the migration planning levels announced in April, there are 30,000 places added to Skilled Migration program which has 8,000 more allocations for Employer Sponsored Visas in 2022-2023 Financial year.
Even though there are just over 200 occupations each on the Short-Term Skilled Occupation List (STSOL) and Medium and Long-Term Strategic Skills List (MLTSSL) for the TSS 482 Visa program, certain occupations are clearly in greater demand than others.
Which Occupations are in high demand for Employer Sponsored Visa Australia?
According to data collected in 2021, the most popular occupations in the Employer Sponsored Category can be grouped into 4 key sectors:
Health (Registered Nurse or General Practitioner)
Finance and Accounting (Accountants )
IT (Software Engineer) or ICT Business and Systems Analysts
Trades (Chef and Automotive like Motor Mechanic)
Most of these occupations are classified in the ANZSCO classification guide as Skill Level 1 (the highest level).
Only 2 of the top 10 occupations are Skill Level 2 (Chefs) or Skill Level 3 (Cooks and Motor Mechanics).
Nominations in the Employer Sponsored space appear to be skewed in favour of a level of skills commensurate with a Bachelor degree or higher qualification (or otherwise 5 years+ of relevant experience).
The majority of these occupations most in demand (except for Cooks) all come under the Medium and Long-term Strategic Skills List (MLTSSL) meaning visa holders can be sponsored for up to 4 years with a pathway to permanent residency from the 482 Visa.
It is necessary to make sure your occupation for 482 Visa is listed in MLTSSL so that you may be eligible for Australian PR
Australia’s growing needs in the Information Technology field is reflected in the published statistics. By far the most common occupation group in the Employer Sponsored category is Software and Applications Programmers.
This is followed by Registered Nurses and Accountants, with ICT Business and Systems Analysts and University Lecturers coming close behind.
Employers across Australia have been calling out about their desperate struggles with skills shortages in critical, high-demand sectors. The demand for skilled workers in these key industries is clearly strong, especially in the wake of the COVID-19 pandemic. Half of these occupations can also be found on the Priority Migration Skilled Occupation List (PMSOL), including:
Accountant (General) (221111)
Management Accountant (221112)
Taxation Accountant (221113)
Civil Engineer (233211)
Geotechnical Engineer (233212)
Structural Engineer (233214)
Transport Engineer (233215)
General Practitioner (253111)
Resident Medical Officer (253112)
Medical Practitioners nec (253999)
Registered Nurse (Aged Care) (254412)
Registered Nurse (Critical Care and Emergency) (254415)
Registered Nurse (Medical) (254418)
Registered Nurse (Mental Health) (254422)
Registered Nurse (Perioperative) (254423)
Registered Nurses nec (254499)
Analyst Programmer (261311)
Developer Programmer (261312)
Software Engineer (261313)
Software and Applications Programmers nec (261399)
ICT Security Specialist (262112)
Chef (351311)
One of the added advantages is the Department of Home Affairs gives priority processing to employer sponsored nomination and visa applications for an occupation on the PMSOL.
These occupations were calculated in the migration report of financial ending 2021 and these are not all the occupations that you can get permanent residency from a TSS 482 Visa.
Moreover, Covid-19 has made a lot of impacts on how the employer sponsored streams go.
Please be minded that the more popular an occupation is for any migration program, the higher competitiveness you may face against until you meet the eligibility criteria.
Australia: the land of opportunity
A recent look at one of Australia’s popular job recruitment websites revealed more than 10,000 Civil Engineer positions advertised for Civil Engineers, 5000 for Software Engineers, more than 6000 for General Practitioners and an astounding 20,000 advertisements posted for Registered Nurses.
If you have sought-after skills, qualifications and employment background in the IT and health industries, there’s a good chance an Australian employer wants to hire you!
However, choosing the right occupation and work in a great location could be difficult to decide. There are actually many factors to come up with a decision of where to stay and work and what to do.
That is why Work Visa Lawyers are here to help.
If you are skilled workers, Please book an appointment to talk to one of our professional Immigration Lawyers or Registered Migration Agents about the Employer Sponsorship program in Australia.
Global Talent Visa Applicants affected by the Fair Work High Income Threshold Change Starting 1 July 2023
Candidates for the Global Talent Visa should be able to demonstrate that they are currently earning an income equivalent to or higher than Australia’s Fair Work High Income Threshold or that they have received a job offer that will be paying an income equivalent to or higher than the High Income Threshold or that they have the ability to attract a salary at or above the Fair Work high income threshold.
The Fair Work High Income Threshold for the 2021-2022 financial year was AUD $158,500 per annum. This is indexed annually.
What it is that, in Australia, this is “high income threshold” the amount or threshold which limits an employee’s access to the unfair dismissal jurisdiction. Meaning if the employee earns this amount or higher, they cannot file an unfair dismissal claim against their employer unless they are covered by an award or enterprise agreement.
However, this amount is also used as a helpful and convenient guide or tool to assess an applicant for the Global Talent Visa’s caliber in their sector.
For this financial year, Australia’s Fair Work Commission raised the High Income Threshold to AUD$162,000 per annum starting 1 July 2022. This information can be found in the Fair Work Commission’s website - https://www.fwc.gov.au/high-income-threshold
What does this mean for those who already submitted their Global Talent Visa EOIs?
If you did not meet the high-income threshold requirement when you submitted your EOI, that is, you were not earning an amount equivalent to or higher than $158,500 per annum, this might mean that it will be harder for you to get an invitation.
We suspect that this is also the case for those who just reached the 2021-2022 high income threshold and who no longer meets the new amount.
What can you do?
If you have had an increase in your salary since submitting your EOI, we suggest that you update Global Talent of this if you haven’t already. You can do this by sending them an email to their general email address.
If you are one those who did not meet or were earning slightly above $158,500 but less than $162,000, then you might want to talk to your employer and request for a raise in your annual salary.
