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The Coronavirus pandemic has impacted the situation for those who have applied for or who are looking to apply for a state sponsored, skilled visa.
Many states have made changes to reduce the availability of state nomination for offshore applicants, as offshore applicants will not be able to travel
to Australia until the border and travel restrictions are lifted.
In this article we will look at the changes to state nomination state by state and the impact of coronavirus on skilled migration.
Love v The Commonwealth; Thoms v Commonwealth [2020] HCA 3 for full judgement please go to: https://www.hcourt.gov.au/cases/case_b43-2018
Who is an Aboriginal Australian? And should Aboriginal Australians be treated differently to other groups in Australia?
The High Court recently considered whether two men who were born outside of Australia and were not Australian citizens, but had spent most of their lives in Australia,
where within the reach of the “aliens power” conferred by s 51(Xix) of the Constitution.
On Saturday 4 April 2020, Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, Alan Tudge, made the following announcements for those holding temporary visas in Australia.
In support of the South Australian Government’s on-going response to the Coronavirus, Immigration SA is implementing visa eligibility criteria changes and will prioritise the processing and nomination of health and medical workers.
Both the Marshall State Government and the Morrison Federal Government have acknowledged the need to urgently find more medical and health professions to join the Australia’s Healthcare System.
Epidemiology experts are predicting there will be an intense as well as lengthy infection period for the Coronavirus.
A lot of businesses are currently being negatively impacted by the coronavirus and many others are staring down the wave about to crash over them.
In the sea of information currently spreading on coronavirus matters, it can be difficult to understand where you and your 457/482 visa holding employees stand.
A lot of businesses are finding it necessary to:
There are strict regulations which apply to Standard Business Sponsors and their relationship with sponsored staff.
This post was last updated on April 14, 2020
We write this post with a very heavy heart for all the employers who have to make the most difficult decision of all, whether to continue to employ people or let them go and place them in unemployment.
As we are now in the second month of what is unprecedented dual health and economic impacts sweeping across the globe the coronavirus COVID-19 pandemic has immediately affected the very way businesses and people interact with each other.
The recent Australian Government emergency announcements touch on every part of society. From an Australian Migration perspective, across the board, there are difficulties faced by employer sponsors and employees that are sponsored; there are difficulties faced by families that are separated by distance or face uncertainty regarding their visa status as borders lockdown and flight schedules continue to be cancelled; and there are a whole host of temporary visa holders who do not have the protections from the Australian Government that ordinary Australian Citizens and Permanent Residents have access to.
In an announcement from the office of The Hon Alan Tudge MP Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs on April 4, 2020 The Federal Goverment answered our question:
"While citizens, permanent residents and many New Zealanders have access to unconditional work rights and government payments
(including the new JobKeeper and JobSeeker payments), temporary visa holders do not. " Source: https://minister.homeaffairs.
The Australian Government has introduced a new stream for people whose visas have expired or are about to expire.
The temporary visa subclass 408 is no eligible to Visa Applicant’s whose visa was held in the last 28 days and are unable to apply for the same visa or do not meet any eligibility criteria for another visa.
The purpose of the new visa stream provide a pathway for certain former and current holders of temporary visas to lawfully remain in Australia and who would otherwise be required to depart Australia who, but for the COVID-19 pandemic, are unable to leave Australia.
If you think you might be eligible to apply for a GTI, take 5 minutes to complete our free online GTI assessment form.
Our lawyers and registered migration agents will assess your eligibility and get back to you.
The Australian Government’s Department of Home Affairs introduced a new program in 2019 to boost the movement of highly skilled individuals from around the world to Australia.
This includes a fast-tracked pathway to Australian permanent residency for applicants with globally recognised talent in a target sector.
This is one of the first programs of its type where Australia is actively hunting talented people and asking them to come to Australia.
A pathway for talented individuals to get an Australian visa fast
A program helping Australian businesses fill unique positions with the best workers
Attracting entrepreneurs to regional Australia to undertake their projects in a supported environment - this pilot program ends November 2021
Each of these programs uses a new pathway for an old visa.
These new pathways are seeking to increase the Australian workforce capabilities in high-tech industries.
Up to 15,000 places will be offered in the Global Talent program in 2021-22.
NOTE: the Global Talent Independent Visa was renamed the "Global Talent Visa" in 2020.
The benefits of the Global Talent Independent Program is that it is fast, flexible and straight-to-PR. Find out why the GTI is so popular here.
It presents a great opportunity for a highly-skilled professional in a high-growth area to move to Australia permanently.
The Global Talent scheme was launched 4 November 2019 and is built on the existing Distinguished Talent program, comprised of:
At the Law Council's Immigration Law Conference on 20 March 2020, respresentatives from the Department of Home Affairs stated that applications under the GTI program are being given priority processing. Processing times vary from 2 day to 2 months with many being decided in one to two weeks!
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (as he then was) David Coleman has also signed Direction no 85 to give high priority to GTI applications as they are considered to be highly desireable by the Government.
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The program is designed to have global talent officers situated around the world in capital cities such as Dubai, New Delhi, Santiago, Shanghai, Washington DC, Berlin and Singapore. These officers are seeking to attract and engage highly skilled individuals to the program to move to Australia and bring their skills with them.
Currently there are allocated 15,000 places in the GTI program which are up for grabs so if you’re a leader in your field, make sure you get your place to move to Australia.
AgTech is one of the fields identified for the Global Talent Independent Program.
Australia is looking to push the boundaries of “Agriculture 4.0”.
Growth through the Internet of Things (IOT) has been identified as an area for further explanation, with big advantages to flow for the agriculture industry.
FinTech is a growing field worldwide, including in Australia.
We have seen the rise of a range of:
To develop cutting edge technologies which will function in not only the Australian financial market, but which can be exported to overseas markets, Australian FinTech startups and companies need the highest level of talent.
If you are a developer, computer scientist or financial expert with a background in FinTech, a permanent move to Australia through the GTI program could be the way to go.
Experience and skills in blockchain are especially sought after.
There is innovation globally in the medical technology field, using technologies both existing and developing.
From a range of industries to create technologies that better serve the health needs of patients.
In Australia, there are big opportunities in developing new and better medical devices, implants and bionics.
There is work to be done in designing, building and quality assurance on new implants and body augmentations
to help those with serious health problems to live a better life.
Key foundation competencies are needed in engineering and product design in the MedTech field.
Cyber Security is very important to many businesses and government Departments, ensuring that data, personal information, commercial information and funds remain secure.
With more and more connections to the internet and a growing number of attacks on private and public bodies, new Cyber Security solutions are needed and there are more positions in Australia than can be filled.
Australia has a rich and varied history of energy, mining and resources industries.
There is room for further development in mining equipment, technology and services (METS).
Global talents are being sought who can bring skills to Australia to push the METS industry even further.
The CSIRO have released a roadmap for where they see development of METS heading.
South Australia has recently been set up as the home for the new Australian Space Agency and space industry entrepreneurs will benefit greatly from this.
There are a range of interesting startups already underway, looking at microsatelites and other services in the space and space-adjacent industries.
Applicants who have experience working with the development of sensors, advanced materials, robotics and augmented/virtual reality systems
will have skills which are highly valuable.
One of the advantages of operating in Australia, especially in the advanced manufacturing industry, is the access to nearby asian countries.
Timezones, close proximity and existing networks make Australia a positive environment.
If you are a global talent in the advanced manufacturing industry, this program might be a suitable way for you to obtain a permanent Australian visa
and work for an established company or establish your own.
There is a lot of research taking place in advanced computational systems and the field of “big data”.
There is demand for high level talent with experience and aptitude in the area to make big breakthroughs.
Global talents are sought by universities, government research organisations and private industry to develop and apply quantum information/advance digital/data science and ICT.
The GTES is an option for businesses to sponsor highly skilled workers who do not fit neatly into atarget sector. It has been open for applications since 1 July 2018.
We have previously written about this in depth here: https://www.workvisalawyers.com.au/news/all/new-global-talent-visa-as-part-of-tss-482-to-attract-entrepreneurs-to-australia.html
A number of big tech and adjacent industry names are already registered as sponsors for this program (all current agreements are published here: https://immi.homeaffairs.gov.au/visas/employing-and-sponsoring-someone/sponsoring-workers/nominating-a-position/labour-agreements/list-of-current-labour-agreements)
These include:
One of the big benefits of this program is the skills which highly skilled individuals can pass on to their colleagues in Australia.
https://www.afr.com/politics/federal/high-skilled-visa-scheme-promises-residency-within-weeks-20191102-p536vt
There are two streams for the GTES program:
The SISA program is a new stream for the 408 visa and an opportunity for entrepreneurs to develop their new idea in South Australia.
This program has actually been in force since November 2018. We wrote about this soon after its release here: New South Australian Entrepreneur Visa (SISA) Processing Times & Requirements
One success story is Daniel Tan, the founder of Pencil Rocket who has obtained a SISA visa in connection with ecosystem provider Flinders New Venture Institute.
You can read Daniel’s story here: https://www.nviflinders.com.au/daniel-sisa-visa/
Another is Pascal, founder of Jobspottr: https://www.nviflinders.com.au/pascal-sisa-visa/
Visit Luke's profile to find out more his expertise.
Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.
Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.
If you require further information regarding your Australia visa options you can contact us through:
Phone: (08) 8351 9956 or +61 8 8351 9956 or Email This email address is being protected from spambots. You need JavaScript enabled to view it.
We have put together two videos discussing this topic and will continue to bring you updates as we all move the Coronvirus situation.
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