The Administrative Review Tribunal (ART) has officially replaced the Administrative Appeals Tribunal (AAT) as of October 14, 2024. This significant change aims to streamline the independent merits review process, making it more efficient and accessible for individuals navigating Australia’s migration system.
Transitioning Your Appeal
If you had a visa refusal and submitted your application for review with the AAT on or before October 13, 2024, there's no need for any action on your part. Your case will automatically transfer to the new Tribunal, and your appeal will continue at the ART until a decision is reached. Should the decision be unfavorable, you may have the option to appeal the ART’s decision in court through judicial review.
It’s crucial to note that applying for judicial review does not automatically extend your bridging visa. Therefore, ensure you lodge a bridging visa application before your current visa expires.
What If You Just Received a Visa Refusal?
Receiving a visa refusal can be disheartening, and it’s understandable to feel confused about your next steps. Depending on your circumstances, you may have the right to appeal the decision. Your visa refusal letter typically outlines whether you have merits review rights.
To appeal a decision by the Department of Home Affairs, visit the Administrative Review Tribunal (ART) website to submit your application. Be mindful of the time limits specified in your refusal letter, as delays can jeopardize your application’s validity. Timeliness is critical when appealing decisions.
Once you’ve lodged your appeal with the ART, you will generally receive a bridging visa, allowing you to remain in Australia while awaiting a decision.
There is a great deal of stress from those with occupations on the Confident Off list as part of the core skills consultation.
This list includes various roles, such as farming and cattle management positions, Child Care Centre Manager, Customer Service Manager, Nutritionist, Microbiologist, Graphic Designer, Health Promotions Officer, Telecommunications Engineer, Disabilities Services Officer, and Refuge Worker.
Occupations on the Confident Off list may not be available for employer sponsorship under the new Core Skills Visa.
Changes to the Visa Refusal Process
Starting on October 14, 2024, the Administrative Appeals Tribunal (AAT) will be replaced by the Administrative Review Tribunal (ART). This restructuring aims to modernize the administrative review process, making it more efficient and responsive to public needs.
Recent reports indicate a significant rise in bridging visa numbers, with a jump from 191,235 to 323,583 as former students appeal visa cancellations or denials.
Our team has seen an increase in requests for assistance with visa refusals, particularly related to student visas and cancellations.
2025 Indicative Allocations for Student Visas
The Australian Government has released the indicative allocation numbers for student visas in 2025. Major universities, especially in Melbourne and Sydney, have experienced decreased allocations, while some regional universities have seen increases.
Understanding these numbers is crucial, as they provide insight into how difficult or easy it might be to secure enrolment with any particular university or educational institution.
Updates on 190 and 491 Visas
All states and territories are now open and actively inviting Expressions of Interest (EOIs). Recently, some of our clients received invitations for various occupations in South Australia, including:
Mechanical Engineer: Invited with 75 points for the 190 visa
Registered Nurse: Invited with 70 points for the 491 visa
Pathology Collector: Invited with 75 points for the 491 visa
Retail Pharmacist: Invited with 70 points for the 190 visa
If you require assistance with your EOI or Registration of Interest, feel free to contact us.
Queensland and Tasmania have opened new pathways for small business owners.
Applicants in Queensland may meet the requirements if they purchase an existing registered business outside of South East Queensland or operate their own business for a minimum of two years.
In Tasmania, applicants may meet the requirements if they have established and operated a business for at least 12 months.
462 Work and Holiday Visa for India, China, and Vietnam
The ballot system for people from India, China, and Vietnam regarding the Australian 462 Work and Holiday Visa is already open. This will allow individuals from these countries to register for the possibility of being randomly selected to apply for a first Work and Holiday visa. The registration will cost $25.
The 462 Work and Holiday Visa is designed for young people aged 18 to 30 years, allowing them to live and work in Australia for 1 year, with the possibility to extend for 1 or 2 more years.
New Workplace Justice Visa for People Being Exploited in Their Workplace
This new free visa was introduced to protect migrant workers who have experienced exploitation in their workplace. This visa allows these workers to remain and work in Australia for up to 12 months while their claims of exploitation are investigated.
Historically, December has seen 189 visa rounds. There was a round on Monday, December 18, 2023, and Thursday, December 8, 2022. In 2021, there was no December round, but instead a Friday, January 21, 2022 round. It’s likely there will be a 189 invitation round this year.
This significant change will eliminate unnecessary regulatory barriers and enable international specialists from similar healthcare systems to work in Australia sooner.
Family violence provisions for Skilled visa applications
The Migration Amendment Family Violence Provisions for Skilled Visa Applications regulations allow secondary applicants in seven permanent Skilled visa subclasses to access family violence provisions. These subclasses include the 186 visa, 187 visa, 189 visa, 190 visa, 191 visa, Global Talent visa, and 887 visa.
This change means that secondary applicants can be granted visas even if their relationship with the primary applicant has ended, provided they, a family member, or a dependent child have experienced family violence from the primary applicant.
We believe that more changes will be announced by the end of the year. Follow us on Instagram, TikTok, Facebook and YouTube to stay up to date with all Australian immigration news.
Do you need help to apply for an Australian Visa?
If you need assistance with applying for an Australian visa, please contact us.
Securing an enrolment in an Australian educational institution is becoming increasingly challenging, which in turn affects the ability to obtain a student visa.
With the Australian Government releasing the 2025 Indicative Allocation numbers for student visas for universities, colleges, and vocational schools, it's essential for prospective students to understand how these numbers impact their enrolment opportunities.
Understanding the 2025 Visa Caps
The recently announced student visa caps will limit the number of student visas issued each year, with a cap set at 270,000for 2025.
This change follows the trend of tightening enrolment processes, making it crucial for students to consider where they apply.
Student Visa Cap for 2025
145,000 new student visas for public universities
30,000 for other universities and non-university higher education providers
90,000 for the vocational education and training (VET) sector
There will be no cap for the following categories of students:
School students
Higher degree by research programs
English-language providers (ELICOS)
Non-award programs
Australian Government-sponsored scholars
Students who are part of an Australian transnational education or twinning arrangement
Key partner foreign government scholarship holders
Students from the Pacific and Timor-Leste
Insights into Enrolment Opportunities
Analysing the allocation numbers can provide valuable insights into the likelihood of securing enrolment at specific institutions. Notably, there has been a decrease in allocations for major universities, particularly in Melbourne and Sydney.
For instance, the University of New South Wales has seen a significant reduction of 45%, dropping from 17,359 to 9,500 allocated enrolments. Meanwhile, some smaller regional universities have experienced increased allocations. For example, Charles Darwin University has received an allocation of over 100% compared to previous years.
You can find more detailed information on the indicative numbers for your planned universities or vocational schools through this link.
Course Caps Overview
Let’s take a closer look at some of the largest providers and their changes in enrolment allocations:
The University of Sydney: Decreased by 31%, from 17,247 enrolments in 2024 to an expected 11,900 in 2025.
Monash University: Allocation reduced from 12,573 to 10,000, a reduction of 20%.
The University of Melbourne: Decreased by 21%, from 11,866 to 9,300.
The University of Western Australia: Reduced by 41%, from 5,140 in 2024 to 3,000 in 2025.
On the flip side, several institutions have witnessed significant increases in their enrolment allocations:
Charles Darwin University
James Cook University
Charles Sturt University
University of New England
University of Southern Queensland
All of these universities have seen an increase of over 100% in their allocations for 2025 compared to 2024. Additionally, the University of Tasmania experienced a 41% increase, while Flinders University saw an 87% increase.
Changes in Colleges and Vocational Education
When it comes to colleges and vocational education, some popular providers have also faced reductions in their allocations:
Holmes Institute: Reduced by 53%.
Le Cordon Bleu (for chefs): Reduced by 52%.
Monash College: Reduced by 41%.
Torrens University: Reduced by 24%.
Conversely, some colleges have seen increases:
Kaplan Business School: Increased from 2,459 to 3,170 (a 28% increase).
Victorian Institute of Technology: Increased from 914 to 1090 (a 19% increase).
What to do now?
If you are considering studying in Australia, it may be beneficial to focus on education providers where you have better chances of securing enrolment. Understanding the changing landscape of student visa allocations can significantly impact your decisions.
Do you need help to apply for an Australian Visa?
If you need assistance with applying for an Australian visa, please contact us.
The National Innovation Visa, expected to be introduced in late 2024, will replace both the Global Talent Visa and the Business Innovation and Investment Program. This new visa aims to attract exceptionally talented migrants to Australia, including high-performing entrepreneurs, major investors, and global researchers.
You can read more about the National Innovation Visa here.
Global Talent Visa latest updates:
1. Global Talent Visa Skill open
The Global Talent is currently still moving forward and is not closed yet. We are still getting invites for our clients.
We have noticed that Expressions of Interest (EOIs) from applicants who clearly do not meet the prioritization parameters are being rejected very quickly. Some applicants received rejection decisions as fast as 2 weeks, while others were informed within 2 months.
It seems that applicants who do not meet the high-income threshold are being rejected quickly. Additionally, some applicants already in Australia on other visas, such as the subclass 482, are also receiving rejections.
3. People with Rejected EOIs Trying Again
Resubmitting an EOI after an unsuccessful attempt depends on the case. There are those who are unsuccessful because they did not provide enough evidence but have the achievements, salary, etc and perhaps did not provide good responses to the questions in the EOI webform. These applicants may have a chance if they improve their submissions and evidence.
Then there are those who do not meet the parameters of the program so if they cannot provide any significant changes since submitting their first EOI, they would still get an unsuccessful EOI.
4. Global Talent Visa Processing Time
The current processing time for the Global Talent Visa is between 9 to 12 months.
5. Global Talent Visa has become more competitive
We have been saying this for a while now, but with the announced closure of the GTV visa and the planned merger/consolidation of the GTV and business visa into one visa, the National Innovation Visa, coupled with the reduced allocation from 5,000 to 4,000, the GTV has become even more competitive.
Thus, it is very important to show that the applicants meet the high-income threshold and have the required internationally recognised achievements in their field.
6. Nominators
Self-represented applicants for the GTV have also reported that they have been getting requests to prove their nominator's status. This is one indicator that the Department is more stringent in assessing the applications.
We have also seen that there are instances where the Department contacted the nominator to verify the contents of the Form 1000 and have even contacted some referees to check the claims of the applicants.
Global Talent Visa Requirements
While the Global Talent Visa remains open, it is important to make sure your meet all the requirements for your EOI.
Just putting a EOI in because you hear it is closing, without considering the criteria, is not a good idea.
The criteria include, being in one of the target sectors, having international recognition for outstanding achievements, earning a salary above the current income threshold of A$175,000 (for the 2024-2025 Financial year), being employable in Australia and securing an eligible nominator.
Take a free Global Talent Visa assessment
If you’re considering applying for the Global Talent Visa, we offer a free assessment on our website where we can provide feedback on your chances of being invited.
Should you apply now for a 482 visa with your current occupation, or should you wait for the Core Skills Visa?
Both the 482 Visa and the Core Skills Visa are employer-sponsored visas, meaning you need an employer to sponsor you.
The decision about which visa you should apply depends heavily on your occupation.
The short answer is that you should apply for the 482 visa now, especially if you're worried about your occupation being left off the Core Skills list.
If you need assistance applying for a 482 visa, please contact us.
Confident On List – Includes occupations that Jobs and Skills Australia is confident will remain on the list. Occupations like Registered Nurse, Social Worker, Diesel Motor Mechanic, and IT Network Administrator are on this list.
Confident Off List – Includes occupations recommended for removal based on current labor market insights. Occupations like Cafe or Restaurant Manager, Cattle Farmer, ICT Project Manager, and Real Estate Representative are on the off list.
Targeted for Consultation List – Includes occupations that need further input from stakeholders to determine their necessity and priority. Occupations like Chef, Cook, Finance Manager, Web Designer, Hairdresser, and Marketing Specialist are on this list.
If your occupation is on the Targeted for Consultation List or the Confident Off List, it may be wise to apply for the 482 visa before the Core Skills Visa is introduced.
When the Core Skills will be implemented?
The Core Skills Visa is expected to be implemented in late 2024, possibly from 23 November.
Exciting news for regional New South Wales (NSW)! The Orana Designated Area Migration Agreement (DAMA) has been expanded to include more regional areas of NSW. This comes as a welcome change for many businesses in those regions who are struggling to fill skills shortages in sectors such as aged care, agriculture, horticulture, construction, food and hospitality.
What areas are covered?
In addition to Orana, expanded regions include Central West, Murray, Riverina and Southern Inland.
Eligibility to request an Orana DAMA depends on the Local Government Area in which the employer operates their business.
This table summarises council areas within the Orana, Central West, Riverina, Murray and Southern Inland regions:
An interesting feature of the Orana DAMA is the process of seeking endorsement (i.e. support) from the Designated Area Representative (DAR). It can be quite a lengthy process.
Employer must conduct Labour Market Testing, in other words job advertising.
Once the specific region is identified, employers will need to arrange a discussion and subsequently lodge an endorsement application with a relevant Migration Officer in their region.
At the initial interview, suitability for endorsement will be discussed. This step can be skipped if the employer is being represented by a migration agent or lawyer.
RDA Orana DAMA Migration Officer will assess the Endorsement Request and liaise with the employer if further information is needed.
Having provided endorsement, RDA Orana DAMA Migration Officer will send the completed application package to the RDA Orana DAR for their final assessment.
After officially approved by the RDA Orana DAR, a request can be made to the Department of Home Affairs for a Labour Agreement.
All occupations have an available pathway to permanent residency (PR) through the ENS 186 visa, after having living and worked in the Orana region for 3 years holding a 482 visa.
Age
Occupations Skill Level 1-4: up to 55 years old
Occupations Skill Level 5: up to 50 years old
English
Eligible occupations may allow applicants to have lower English scores than the standard requirements (unless higher scores are required for registration/licencing).
For 482/494: IELTS overall 5.0 with no minimum in each band
For 186: IELTS overall 5.0 with minimum 4.0 in each band
Temporary Skilled Migration Income Threshold (TSMIT)
Depending on the occupation, two types of TSMIT concessions may be available:
Annual monetary earnings of 90% of current TSMIT
Monetary earnings are minimum 90% of current TSMIT and non-monetary earnings are maximum 10% of current TSMIT- with total package at least equal to TSMIT
Over 140 different occupations were invited, with points ranging from 65 to 115.
No invitations were issued for the 491 Skilled Work Regional Family Sponsored visa in this round.
Here's a summary of some key industries and the minimum points required:
Construction Trades:
Carpenters, Electricians, Painters, Joiners, Plumbers, and Glaziers were all invited with a minimum of 65 points.
This is good news for tradespeople, as these are some of the lowest point requirements in this round.
Teaching:
Early Childhood (Pre-primary School) Teachers and Secondary School Teachers needed a minimum of 75 points to receive an invitation.
Healthcare:
Registered Nurses: 75 points.
Midwives: 75 points.
General Practitioners: 75 points.
Social Workers: 75 points.
Clinical Psychologists: 85 points.
Nursing Clinical Directors: 115 points.
Engineering:
Civil and Mechanical Engineers were invited with 90 points.
Information Technology:
ICT Business Analysts and Analyst Programmers were invited with 90 points.
Developer Programmers: 100 points.
Other occupations:
Chefs: 90 points.
University Lecturers: 90 points.
Accountants: 95 points.
What this means for applicants
The lower the points requirement, the better the chances of receiving an invitation. In this round, construction trades had the lowest point requirement at 65, followed by healthcare and teaching professions at 75, and then moving to higher points for engineers, ICT professionals, and accountants.
How to apply for the 189 Skilled Independent Visa?
Obtain positive skills assessment and have at least Competent English
You must meet minimum 65 points to be able to lodge an expression of interest (EOI)
Submit an EOI through SkillSelect
If invited, submit visa application within 60 days of receiving an Invitation to Apply and include all supporting documents for the application
Considering other visa options
If your occupation did not get invited, or if the points required are much higher than you can achieve, it might be time to explore alternative visa pathways. Employer-sponsored visas, such as the 482 visa or 494 visa, might be a suitable option for those struggling with the high points threshold in the 189 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.
In this blog, we will cover the latest Australian immigration news including student visa caps, visa processing times, the 189 visa invitation round, Medicare for temporary visas, Global Talent visa and updates on state nominations.
30,000 for other universities and non-university higher education providers
90,000 for the vocational education and training (VET) sector
Exemptions:
School students
Higher degree by research programs
English-language providers (ELICOS)
Non-award programs
Potential Impact:
Harder to get enrolment for vocational and university courses in Australia.
Less enrolments for prestigious universities in Melbourne and Sydney.
Some students may have their enrolments withdrawn before the visa is granted and not get the visa.
More enrolments for regional universities.
It will be harder to do a second or third course once in Australia. For example, if you enter Australia as an English student and then want to apply for a VET course.
No caps at all for English courses or school students, so these will become more popular.
If you have any questions or need assistance with your Australian visa application, feel free to book an appointment.
VETASSESS has reduced the processing time for skills assessments in professional and non-trade occupations. The typical processing time has decreased from 10-15 weeks to 8-10 weeks.
The 2024-2025 Australian Federal budget stated that “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."
The Australian Government has also decreased the allocation for the BIIP from 1,900 places in 2023-2024 financial year to 1,000 places for 2024-2025. It can be expected that those applications not finalised in the 2023-2024 financial year will be carried over to 2024-2025 allocations and will use up the spots.
Thos who already had submitted their BIIP applications will have their applications processed according to the Government’s current processing timeframes and priorities. Those who want to withdraw their applications can do so and may request have their application fee refunded starting September 2024.
Those who currently hold a provisional (temporary) BIIP visa can still apply for a permanent BIIP subclass 888 visa after July 2024 if they meet all the eligibility requirements.
But how about those innovators, entrepreneurs and successful businesspeople who wants to migrate to Australia to start or develop their business in Australia? What are their options now that the BIIP program has now closed?
Visa options
National Innovation Visa
The Government announced that they will implement a new visa called the National Innovation Visa “to target exceptionally talented migrants who will drive growth in sectors of national importance.” This visa will replace the Global Talent Visa and the BIIP visa and is expected to be introduced in late 2024.
Those who are interested in applying for the BIIP visa but were unable to before the closure of the program will need to wait for the law, regulations and policies regarding the National Innovation Visa and if eligible apply for it.
Holders of subclass 482 who are over 45 years old at the time of application and otherwise eligible for the subclass 186 TRT stream may be able to access the age exemption. Holders of subclass 482 visa who have been working in the nominated occupation for the nominating employer for at least 2 years during the 3 years ending immediately before they apply, and their earnings for each year of that period were at least as much as the Fair Work High Income Threshold may be eligible for the age exemption.
Thos who do not have an employer in Australia who can sponsor them but have an occupation in the skilled occupation list, have a positive skills assessment for their occupation and who can meet the points test may be able to apply for a GSM visa.
To apply for these visas the applicant needs to be invited by the Federal government (for the subclass 189) or by an Australian state or territory for subclass 190 and subclass 491.
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.
The 403 Innovation and Early Careers Pilot (IECSEP) is a new visa introduced as part of the Australia-UK Free Trade Agreement that allows eligible UK citizens to work in Australia.
The IECSEP includes two streams: the Early Careers stream, which offers a 12-month visa, and the Innovation stream, for higher-skilled UK citizens, which provides a 3-year visa.
Successful applicants for the IECSEP Pilot will enter Australia on a Temporary Work (International Relations) subclass 403 visa under the Government Agreement stream.
Applications for both streams are currently open. UK citizens currently residing offshore or already in Australia on a valid visa can apply.
Total visas available under the IECSEP will be 1,000 in the first year, and 2,000 in the second year of operation, during which the program will be reviewed.
