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International higher education graduates working rights will be extended

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Recently an announcement from The Hon Jason Clare MP, Minister for Education and the Hon Clare O’Neil MP, Minister for Home Affairs have communicated that international higher education graduates with eligible qualifications will be granted an extra two years of post-study visa.

The Government has extended post-study work rights to give eligible international higher education graduates with select qualifications an additional two years on their Temporary Graduate visa (subclass 485). Post-study work rights for select degrees in areas of verified skill shortages will be increased from: 
 
• Two years to four years for select Bachelor degrees 
• Three years to five years for select Masters degrees 
• Four years to six years for all doctoral qualifications.
  
All doctoral studies are considered eligible for the measure, regardless of field of study and so are not listed individually. The qualifications listed in this document are a summary of the eligible qualifications. A comprehensive list mapped to CRICOS course codes will be released by the Department of Education before implementation on 1 July 2023. Students will need to refer to the comprehensive list, when published, to confirm the eligibility of their particular course at their provider.

The eligible occupations that have been targeting includes, health, teaching, engineering and agricultural fields. Find more information about the eligible occupation and qualification list.

This new extension will be practised from 1st of July 2023.

 

Additionally, work hours cap for international students will be increased from 40 to 48 hours per fortnight. The International student working hour cap factsheet provides information about the new procedures.

In case you have questions regarding visa updates, please contact our team.

 

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Latest Australian Immigration Updates February 2023 – General skilled Migration, ACT, SA and WA State Nomination updates for 186, 190 and 491 Visas, New Zealander’s path to PR and International Students.

Stay informed about the February immigration News by watching this video and have a privilege information about States Nomination in ACT, SA and WA for 190 - 491 visas and NZ path to PR. The article will bring highly important topics related to processing times and new actions from the Australia Government.

 

General Skilled Migration


The federal government has given out 35,000 189 invitations in December.

This is the biggest round on record for Australian immigration.
This is causing many ripple effects across the migration system.
The skills assessment bodies are now getting clogged up with new applications as everyone rushes to put in a skills assessment to try take advantage of these new opportunities.

Another example is that many of the states are trying to come up with more attractive criteria because of all the 189 visas that are providing competition.


Queensland State Nomination


Queensland has adjusted its policies and is now prioritizing skilled workers living and working in Queensland.
Those who meet the requirement should get ready for an application.
More details are in the article below.



South Australian State Nomination

The final allocations for South Australia are for GSM subclass for 190 and 491 8,000 Places, for Business Innovation and Investment Program 70 Places.

There is no more business visa allocations to the states and territories as of the announcement in December.
It's clear that the new government is focusing on skilled migration and that business visas are on the backburner as each state nomination.


ACT State Nomination


The ACT has received 4050 nomination places equally distributed across the 491 and 190. Only ten places have been given to the Business and Investor Program.
This is a significant uplift in nomination places compared to the previous years for the 190 and 491.



WA State Nomination


Western Australia is one of the high-performing states at the moment.
There were over 5000 invitations in December for skilled migrants from Western Australia.
The state has seen a successful year so far with easier requirements and more generous invitations.

Today, a total of 16,085 invitations have been sent out for migrants both onshore and offshore for western Australia.
One of the reasons for the increased numbers is that the foreign on one visa does not now require a job offer or a job contract.

The Western Australian Government will have an invitation round every month.
The invitation round will occur in the first week of every month.
This allows adequate time for the processing of the large number of applications.
I feel like every time I meet with a client and they want to know about their best state nomination options, I end up talking about Western Australia.

This is because the Western Australian criteria are often lower than the other states

We will be making a separate video to discuss the WA state nomination requirements in detail.



Working Holiday Visa


Working holiday visas from the 19th of January 2022 to the 30th of June 2023, working holidaymakers in any sector anywhere in Australia may continue to work for the same employer or organization for longer than six months without requesting permission.


Backlog Status Update.


The new government was left with almost 1 million visas in the department in June 2020, so Andrew Giles has posted on his Twitter account saying that there have been over 4 million visas processed since June 2020 to the backlog is now down to 600,000, with a promise to improve this by the middle of 2023.

Migration is expected to rebound to the pre-pandemic levels, according to a recent report.


General News


In other general news, recently, universities in Australia have backed a reset in migration policies.
It states that the current migration system is not delivering the required talent to meet the needs of the economy.
This comes as the country faces a skills crisis leading to calls for a refresh of the migration system.
The Government is now aiming for a more targeted approach to migration that aligns with the country's economy and needs.


New Zealander’s path to PR.

Good news for New Zealanders. The process of obtaining permanent residency in Australia has become easier with the elimination of the income and health checks for those who have already lodged a 189 New Zealand stream. This helps make the process a lot quicker. The change is aimed to improve the relationship between New Zealand and Australia.


International Students are Back in Fashion.


International students are seen as a key to the migration program. International students are not only a source of revenue for universities, but also a potential source of future migrants.
The fact is that many international students end up staying and becoming permanent residents.
Now the government is recognizing that these students bring a wealth of knowledge, skills and cultural diversity to Australia.

We hope that international students may be given more pathways when the reviews to the migration program are announced later this year.


Pacific Workers and Their Families.


Labor is being urged to boost regional migration.
The Pacific Worker families are expected to join their mine applicants in 2023-2024 under a new scheme.
There are calls for an increase in skilled migration cap and for early learning pathways to be added to universities for free.
A former official has stated that Australia is on track for a migration boom in 2023, with arrivals exceeding Treasury forecast.

 

Please if you have any questions you can Contact us or book your appointment.

 

 

 

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How to get Australian PR as a Café or Restaurant Manager

PR as a Café or Restaurant Manager

Are you a Café or Restaurant Manager looking to migrate to or work in Australia?

Qualified Café or Restaurant Managers have visa options to migrate to or work in Australia as this occupation is in the different skilled occupation lists, meaning it is an occupation that is needed in Australia or there is a skill shortage that needs to be addressed.

The visa options for a café or restaurant manager, depending on the applicant’s circumstances, can either be employer-sponsored or under the general skilled migration (GSM).  

The visas available for a café or restaurant manager, depending on whether they are eligible includes:

Applying under the General Skilled Migration (GSM)

If you are applying under the GSM or the state-nominated visa, you need to:

  1. Check your eligibility first and checking if you have the required points needed.

Points are based on the following:

  1. Age
  2. English language skills
  3. Skilled employment/work experience (outside and in Australia)
  4. Educational qualifications
  5. Australian study requirement
  6. Specialist education qualification
  7. Credentialled community language
  8. Study in regional Australia
  9. Partner Skills
  10. Professional year in Australia
  11. Nomination or Sponsorship

 

 Please arrange an appointment for the best advice by clicking the button below.

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  1. Get a positive skills assessment

The assessing authority for café or restaurant manager is VETASSESS.

Generally, to get a positive skills assessment the qualifications required is a s a qualification assessed as comparable to the educational level of an Australian Qualifications Framework (AQF) Diploma or higher (ANZSCO Skill Level 2).

To meet the assessment criteria, you should be able to meet any of the following:

  1. Have the minimum the comparable Diploma or higher AQF level AND highly relevant major field of study PLUS 1 year highly relevant employment duration OR
  2. Have the minimum the comparable Diploma or higher AQF level AND a minimum AQF Certificate IV level with highly relevant major PLUS 1 year highly relevant employment duration OR
  3. Have the minimum the comparable Diploma or higher AQF level PLUS 2 years highly relevant employment duration OR
  4. If employment is prior to the completion of the qualification at the required level - Have 4 years of highly relevant paid employment duration with at least 1 year of highly relevant employment within the last five years before applying PLUS have the minimum the comparable Diploma or higher AQF level. The remaining three years of pre-qualifying period may be within the last ten years.

 

  1. Submit your Expression of Interest

You do this through the Department of Home Affairs’ SkillSelect website. In your EOI you would need to provide the details of your:

  • Your English language test
  • Educational and qualifications
  • Skills Assessment
  • Employment history

This is where the points you are claiming will be calculated.

  1. State nomination

The requirements for each state and territory for state nomination differs. The process may defer depending on which state you want to sponsor you. Some states like Tasmania requires the applicant to submit their Registration of Interest and wait for an invitation to apply for state nomination.

  1. Invitation to apply for the visa
  1. Apply for the visa

If applying for an employer-sponsored visa

If you have an employer willing to sponsor you, you can look at the employer-sponsored visa options.

Subclass 494

If you are based in a designated regional area in Australia and have an employer who is willing to sponsor you, have at least 3 years relevant work experience then this visa may be for you.  This visa is valid for 5 years and after 3 years of holding this visa and upon meeting the eligibility requirements, you may be able to apply for the Permanent Residence (Skilled Regional) visa (subclass 191).

Subclass 482

If they have an employer who cannot find a qualified Australian worker to work as café or restaurant manager, then the employer may be able to sponsor you for the Subclass 482 visa – Short Term stream.  However, caveats apply for nominating a café or restaurant manager for this visa, that is, you will not be eligible if you work in a limited-service restaurant. Limited-service restaurants are those places such as fast food or takeaway food services, fast casual restaurants, drinking establishments that offer only a limited food service, limited-service cafes similar to mall cafes.

Subclass 482 visa holders may be sponsored by their employer for permanent resident visa, the  Employer Nomination Scheme (subclass 186) visa, after they have worked for their employer for at least 3 years full time while holding a sc-482 visa.

Subclass 186

As mentioned above, eligible subclass 482 visa holders may be able to apply for this visa if they have worked full time for their sponsoring employer for at least 3 years. Note that from 1 July 2022, eligible 457 and TSS – short term stream visa holders will be able to apply through the Temporary Residence Transition stream. The pathway will be accessible for two years from its commencement on 1 July 2022.

Alternative tiles:

  • Food and Beverage Manager
  • Restaurateur

Others occupation titles that might be consider:

  • Café or Restaurant Manager
  • Hotel or Motel Manager 
  • Hotel Service Manager
  • Accommodation and Hospitality Manager
  • Cook 
  • Chef
  • Pastry Cook

If you want to check if you are eligible for any of the above visas, please contact our office on (+61) 08 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

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

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

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.

 

 

 

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Federal Government’s Stealth ‘closure’ of Australian Business, Investor and Entrepreneur 188 Visas

Federal Government’s Stealth ‘closure’ of Australian Business, Investor and Entrepreneur 188 Visas

In August 2022 the States and Territories were only given a total of 810 allocations for 188 visas.  All states and territories aside from Move to South Ausralia have now run out of business visa allocations.

On 8 December 2022, the Migration Program Planning Levels for 2022-2023 were released.

Unfortunately, the Federal Government did not allocate any more places to any of the states/territories for Business Investment Visa 188.

So with no state nominations available, the Federal Government has effectively closed the 188 visa for this migration year, up until the 30 June 2023.

This is a type of stealth closure, without an announcement by the Federal Government, but with the same effect.

The 188 visa is called the Business Innovation and Investment Program (BIIP).

There are four streams of the 188 visa:

Each stream requires that the applicant to obtain state nomination before lodging a visa.

With no further allocations available to the states from the Federal Government, the 188 has been effectivly closed up until 1 July 2023.


How did the news break about the closure of 188 visas?

The Federal Government has not publicly announced the closure of the business programs.

It has been left to the states to make announcements in relation to running out of allocation and then not being given any more.

Business visa 188 Australia closure in 2023

The 188-visa allocation story so far this 2022 to 2023 program Year

So far this year the Federal Government gave 810 allocations, divided between all the States and Territories.

The States and Territories and many potential applicants were eagerly awaiting further allocations.

On 21 December 2022, Move to South Australia confirmed its final nomination allocation for business visas remained at 70 places for this program year ending 30 June 2023. Hence, it closed the nomination to Investor Stream (188B) and Significant Investor Stream (188C). There are a very limited number of places available for Business Innovation Stream (188A) (closing on 31 January 2023) and Entrepreneur Stream (188E).

In the meantime, New South Wales, Victoria, Queensland, West Australia, and Australian Capital Territory are closed for this program year due to reaching out the allocation of places.

Australia Skilled and Business Visa allocation

How many Business Visa Allocations were planned for 2022 to 2023? What happens to unused allocations?

There was a planning level of 5,000 places for Business Innovation and Investment visas at the beginning.

The 188 Business Investment visa has been a very popular visa stream in Australia which attracts a lot of high net-worth people from around the world.

The last 2021-22 planning level for Business and Investment Visa was 13,500 places.

This year, the Federal Government has only sent out 810 allocations for all states and territories.

It means almost 4,200 places will be left unused this year.

There is no official announcement on how the Australian Government will be using these places for.

However, with the current biggest invitation round in the history of 189 Visa (35,000 invitations in December), the unused places could be sent to skilled visa streams to address skills shortages.

What are the reasons for the Federal Government closing the 188 visa?

The Australian federal government has started a review process for the Australian migration program. submissions were due by the 15th Of December.
It appears that the federal government has already made its mind up in relation to the direction that the Australian migration program will take, by the closing of business investor and entrepreneur visas.
This could be due to the influence of the Grattan Institute, which has published a paper, claiming that business migrants pay less tax over their lifetime than skilled visa migrant workers.

The Grattan Institute is in favor of abolishing the Business Innovation and Investment program (BIIP) on the basis that applicants for these visas tend to be older, and they claim earn lower incomes and cost more in health services.

Please refer to ‘The $119 billion free lunch’ by Brendan Coates, Tyler Reysenbach by this link

The Busines Visa program was introduced by the Labor Gillard government in 2012. But more recently Federal Home Affairs Minister Clare O'Neil has criticised the BIIP program.

She indicated:” It is a visa program (Significant Investor Visa) that I think isn’t adding value to the country and it’s something that we will be looking at”

She also said: “At the moment, I can’t see a lot of reasons to maintain it as part of our program.”

As this program year only has 6 months left, we think that the Federal Government is trying to focus its 100% effort on the skills shortages rather than business and investment visas.

Skilled workers are in high demand, especially those in Agriculture, Hospitality and Healthcare.

 

Australian Business and Significant Investor Visas Subclass 188 Closed - New Visa Expected in 2024! Read more here! 

 

What other options are available?  Are these other options suitable?

188 visa potential applicants may consider other visa options, for example,

However, many of those that were planning for a 188 visa might not be in a position to meet the requirements for these other visa options.

The employer sponsored and general skilled visas have higher English and lower age requirements.

Parent visas are very slow to be processed and rely on the applicant having at least half of their children in Australia as holders of Australian PR or Citizenship. 

So in many cases, unfortunately, those that would have applied for a 188 Business or Investor visa might struggle to meet the criterai for other visas. 

Comments by Immigration Lawyer, Chris Johnston

The closure of the business visa 188 has left many potential applicants frustrated and the states with interested applicants but with no nominations. 

We understand this is very difficult for many applicants who are planning a 188, with the allocation of 5000 not being reached. 

Hopefully, more allocations will be available in the new financial year starting 1 July 2023.

We suggest that the Grattan Institute’s model does not measure all the far-reaching benefits that flow from business migrants.

The Grattan Institute has failed to measure all the income generated by the visa holder, does not measure the benefit of the investment on Australian employment, property developments, Australia exports or business activity and does not offset the effect of private health cover which almost all business and investor visa holders have on the costs side of the equation.

The benefits of business migrants can be seen in an example published in an article in LinkedIn by Luke Headland from Investment Migration Industry Group (IMIG):

"Case Study of SIV visa holder 1:

Investment Capital:

SIV Complying Investment  $  5,000,000.00

Additional capital brought to Australia  $ 15,000,000.00

Investments remaining home country  $8,000,000.00

Total investment capital $28,000,000.00

Australian Income:

Income from SIV complying investment  $337,000.00

Income from business employment activity in Aus $250,000.00

Income from additional Aus investments $360,000.00

Total Australian sourced income $947,000.00"

As we can see, there may be a few taxes associated with this visa holder:

  • Income tax
  • Capital gains taxes on the re-balancing of investments

There are many tax payments and expenditure not measured by Grattan, including  high international student fee rates and luxury family home with double the level of stamp duty.

I have also observed that business migrants often invest much more in Australia through upgrading businesses and buying extra businesses, than is required to get a visa.  

My view is that the Grattan Institutes figures used to criticise business visas are flawed, as they:

- do not measure all the forms of tax income from SIV holders, effectivey underestimateing the income SIV holders generate for the government.

- overestimate the health costs, as almost all SIV holders have private health insurance. 

It is also important to note that by closing the 188 visa, the Government is closing all four streams.

This means the government is closing to business innovation applicants or the 188A.  This is a visa that is for successful overseas business owners, which are required to establish or buy an Australian business, and to successfully operate the business for at least two years.

This means the government is closing the Entrepreneur visa or the 188E, which is aimed at promoting Entrepreneurs to move to Australia and to start new and exciting businesses.

Australia is lagging further and further behind in relation to attracting innovation.  Many other countries have now put in place digital nomad visas, which are designed to attract young people that have online and remote businesses. 

Australia has closed the Entrepreneur visa and does not have a Digital Nomad visa.

I am concerned that while the Minister for Home Affairs has made some negative comments about the 188 SIV visa, the recent measures of failing to give out allocations to the states, are closing all four business visa streams. 

It is hard to believe that Australia does not want high net worth business owner migrants, investors or entrepreneurs?

Most State and Territory governments have been supportive of business, investor and entrepreneurs visas.  Different states have varying focusses based on their states characteristics.

As the centres for big business in Australia, NSW and Victoria have favoured the Significant Investor Visas.

South Australia Visa 188 Program has supported business visas for SA exports and property development and entrepreneur visas to innovation and new industries. 

Queensland has been involved in all types of business and investor visas. 

The State Governments of Australia are usually keen for high net worth business owners, investors and entrepreneurs.

Does the government modeling include the stamp duty from property purchases (nope a state tax) or the benefits of state based exports, property developments and business expansions (nope, all benefiting states and not measured by the Grattan Institute).  Not to mention that the Grattan Institute's policy of huge GSM numbers straight to PR on a 189 will deliver all the migrants to Melbourne and Sydney, putting infrastructure under pressure and with no benefit to other states and territories).

So when I say Australia, it really means the Federal Government does not want high net worth business and investor visa applicants.

Why not reform the 188 visa rather than totally cut it?

The Federal Government could reform the 188 visa, to reduce age concessions, for example, if worried about aging migrants.  But it seems they might be searching for that Djokovic moment, for some  popularist migration related publicity.  Cutting visas for wealthy people and those pesky influencer gen Z entrepreneurs. 

More about the Business Visa Australia Agents and Lawyers at Work Visa Lawyers

With rapid changes in the migration policy in Australia and this unstable period, having a someone, who is specialized in the field, with you on your Business Investor Visa journey would be the best way to start.

Understanding the difficulties in choosing the best Australian Business Visa options, Business Visa 188 Agents and Lawyers team at 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.

Business Visa Lawyers Australia Work Visa Lawyers

Book an Appointment

Sources:

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

https://www.migration.sa.gov.au/news-events/skilled-and-business-migration-program-update-final-nomination-allocation-received-2022

https://grattan.edu.au/news/the-119-billion-free-lunch/

Like Headland  from Investment Migration Industry Group : https://www.linkedin.com/pulse/significant-investor-visa-economic-benefits-australia-luke-headland-%3FtrackingId=RSh3gNd6SfqK%252BAGqwbFMiA%253D%253D/?trackingId=L43kMQg1RTSOibkKU2mXPw%3D%3D

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Important information for 188A Business Innovation visa holders intending to change business plans

Today’s ever changing economic climate can result in necessary changes to business plans.

What happens if you were approved for state nomination based on a particular business plan, and then this plan changes after your 188A visa is granted?

Overview of 188a Business Innovation Visa Australia

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How To Get Australian PR As A Social Worker in 2023 - Best Visa Options

Social Workers is one of the occupations that are in great demand in Australia and worldwide.

According to Health Direct of Australia, Social workers are allied health professionals who help people who are in crisis and need support.

The target clients of social workers are elder people, disabilities or people who have suffered from family violence…

Social workers will provide counselling, supporting information, and referral to other services to address the issue.

This is a highly skilled occupation in Australia, and it is currently in very high demand.

Social Work is on the Medium and Long-term Strategic Skills List (MLTSSL) of Australia.

That means clients who are working as Social Workers can apply for all the General Skilled Migration visa options, including 189 visa, 190 Visa, and 491 Visa.

Being listed in MLTSSL can be beneficial for migrants who are seeking for employer sponsorship program which will give them a pathway to Permanent Residency.

This article only discusses the options in the Skilled migration program including 189, 190, and 491 visas.

There are many more occupations that are popular to get Australian PR by Skilled Migration program.

Here is the article for the best 10 courses to study to get Australian PR>>

Qualification for practicing as Social Worker

To be qualified as a social worker in Australia, you must complete at least Bachelor course in Social work.

There is no registration required to work as a social worker.

This is recommended to be working as a social worker and getting Australian Skilled Visa (PR).

Most courses in social work provide internship programs during the last year which is very helpful for Skill Assessment and securing job in the future.

Bachelor of Social Work in Australia usually takes 4 years to complete while a master’s degree only takes 2 years.

Please be advised that the pre-requisite for Social work course could be complicated.

You may need to seek professional advice to see if you are eligible for the course entry requirement.

 

Skilled Migration program - Get PR as Social Worker

There are 3 main streams under skilled migration program which we will talk about later and how social workers can secure one of the three to get their Australian Permanent Residency.

189 Visa – Skilled Independent Visa Pathway

This is a points test based permanent residency visa which requires applicants to calculate their points through the Expression of Interest system.

The minimum 65 points must be met to be eligible to lodge EOI for 189 Visa.

In the recent invitation round, Social Workers with minimum of 65 points received invitations from the Department of Home Affairs to apply for the 189 visas.

190 Visa State Nominated – Permanent Residency

190 Visa is state nominated visa which only happens when applicants are invited by a state or territory to apply.

Each state or territory has its own occupation list and nomination requirements.

Please refer to each state’s website for their criteria.

491 Skilled Regional Visa Pathway – 5-year temporary visa

The state nomination requirement also applies to 491 skilled regional visa applications; however, the other requirements are much easier for 491 visas comparing with 190 visa criteria.

Especially some occupations are not required to have work experience to be nominated 491 visas.

You also have a permanent residency pathway through 191 Visa after meeting certain requirements.

The benefits of 491 visa is that you will have Medicare card even though you have yet a permanent resident.

In the current 2022-2023 financial year, Social Worker is on every single state/territory’s occupation list.

Social Worker as mentioned, is a very demanding occupation in Australia.

Social Work graduates may easily find ways to get Australian PR through a skilled migration program.

Let’s look at an overview of the state and territory’s nomination requirements.

 

NSW State Nomination requirement for Social Workers

 Social Worker is on the Visa 190 occupation list of New South Wales. Applicants need to have been living in NSW for at least 6 months.

NSW just get rid of their minimum points requirement.

This, in our opinion does not make much difference unless there is no applicant with points over 65 or 70 like the last minimum points for social workers.

VIC State Nomination requirement for Social Workers

VIC is open to all occupations this Financial Year. Applicants who meet the standard criteria can apply.

The more experienced you are and the higher points you have, the you are more likely to get an invitation.

SA State Nomination requirement for Social Workers

As always, SA’s state nomination policy is steady and friendly, especially to its international graduates. - if you have been working as a Social Worker in SA in the last 3 months, you will be eligible for a 190.

However, there are more streams for social workers from interstates or offshore to be invited.

Please refer to Move to SA website for more information.

WA State Nomination requirement for Social Workers

WA reduced its entry criteria this financial year. It got rid of the Job Offer and English requirements for its graduates.

WA is becoming one of the most attractive states for the Skilled Migration program in Australia.

ACT State Nomination requirement for Social Workers

Social Workers remain on its Critical Occupation List. However, the 190 Matrix points are relatively high.

TAS State Nomination requirement for Social Workers

The new Attribute system is introduced this year. Extra attribute points can be claimed for Social Workers.

Skill Assessment for Social Workers

The Social Workers’ skill assessment authority is AASW. There are five Criteria that must all be met for a positive assessment for migration and employment purposes:

Criterion 1: The qualification must be a specific qualification major in social work.

Criterion 2: The qualification must be regarded as a professional social work qualification in the country of training.

Criterion 3: The learning outcomes of the professional social work qualification is comparable to the learning outcomes that graduates of AASW-accredited social work qualifications must demonstrate.

Criterion 4: At least 980 hours of field education in at least two placements and with two contrasting practice foci, with a requirement that one placement must be in direct practice.

Criterion 5: English language with only IELTS accepted at 7.0 each band

To most applicants, demonstrating the high-level English skill the biggest challenge in this process.

If you are struggling to get the required English level, then you may be assessed as other occupations, including:

  • Community Worker 411711
  • Welfare Center Manager 134214
  • Disabilities Services Officer 411712
  • Family Support Worker 411713
  • Residential Care officer 411715
  • Youth Worker 411716

The above occupations are assessed by ACWA, which offers an English waiver.

However, those occupations are not included in the Medium and Long Term Strategic Skilled List which may give you fewer PR options.

Souce:

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Australian PR Pathway for Onshore PhD Graduates - Global Talent Visa or Skilled Visa 190/491

Australian PR Pathway for Onshore PhD Graduates - Global Talent Visa or Skilled Visa 190/491

All that you need to know about Global Talent Visa is on this page: CLICK HERE

 

Getting a PhD degree from an Australian university is not easy. It takes a lot of hard work, sacrifice and expense to successfully complete a PhD degree. So, congratulations to all PhD graduates.

However, PhD graduates still have big decisions to make after finishing their degree.

While some PhD graduates decide to go back to their home countries or move to other countries, some choose to stay in Australia for the various opportunities on offer.

This includes job opportunities and perhaps because of the options for permanent residency in Australia.

Many PhD graduates found it complicated to secure an Australian Permanent Residency until the born of Global Talent Visa program.

However, with the current news and budget allocations this financial year, focus has been distributed to other skilled visa 491/190 streams.

States and territories have announced new state nomination criteria to attract those research students and planning to migrate in Australia.

In this article, we will discuss 2 options for permanent residency for PhD graduates – the Global Talent Visa and the state-nominated visas 491 or 190


Global Talent Visa Australia

One good option for PhD graduates is the Global Talent Visa.

Since opening, Global talent visa is designed for PhD students not just in Australia but around the world to get Australian PR.

Many PhD graduates have been nominated for Global Talent visa 858.

Global Talent Visa program Australia high income high skilled talented worker

It became increasingly popular in Australia during covid-19 being the only stream for highly skilled talented people to get into Australia while travel restriction is still around.

During that time, applicants could get Global Talent Visa within months and moved to Australia with the whole family.

Recent PhD graduates who can attract or is earning a very high salary will be considered favourably for this visa.

High salary means that you are currently earning or has the ability to earn a salary equivalent to or higher than Australia’s Fair Work High Income Threshold (FWHIT) which is currently set at AUD$162,000/per annum.

More information about the Global Talent Visa requirements here >>

Applicants relying on their PhD degree need to show that they have internationally recognised achievements, are prominent in their field and must have their PhD degree conferred in the last 3 years.

Applicants with a PhD still must show that they meet the other criteria for the grant of the Global Talent Visa.  More information about this visa and the eligibility requirements can be found on our website.

These are the 4 core requirements for Global Talent Visa Australia:

  1. Skills in the 10 targeted sectors
  2. Internationally recognized for outstanding achievement in your field -career history, publications, journals, awards throughout your career
  3. High salary income threshold at 162,000 AUD per annum
  4. Nomination from Australian organizations or Australian Permanent residents who must be prominent in the same field as you.

Please check out our Global Talent visa recent news here >>

State nominated visa 491/190

If you are a PhD graduate but will not be able to meet the criteria for the Global Talent Visa, like for example you do not meet the high-income threshold, there are still other options for you such as the state nominated visas.

South Australia state nomination for PhD students

One state nominated visa option for international graduates is South Australia’s nomination under its Highly Skilled and Talented stream.

This is a new stream recently announced by South Australia.

The stream is slightly similar to Global Talent Visa but much easier with lower income requirement.

Most PhD graduates have been struggling with income threshold requirements for Global Talent Visa.

This is the chance for you because this SA Nomination Stream is open for interstate applicants.

The requirements say you must::

  1. Under 45 years of age
  2. Positive Skill Assessment
  3. at least Proficient English (IELTS 7.0 or equivalent)
  4. EOI 65 points including State nomination points
  5. Be earning a high base salary threshold commensurate with the expectations of the Highly Skilled and Talented stream (at least $80,000 per annum) and working full time (at least 30 hours per week or 60 hours per fortnight)
  6. Onshore applicants are also required to show that they:
    1. Have extensive experience, working in highly skilled jobs, in senior or executive level roles; and
    2. already commenced employment in South Australia

OR

have an employment contract for a position you plan to relocate to in South Australia. If you are currently working for a company in another state, and intend to relocate to the South Australian office of your current company,

OR

Have demonstrated specialised experience or niche skills that are highly desired in one of South Australia’s critical priority sectors.

If you meet the above requirements, South Australia may potentially nominate you for the sc-491 or sc-190 visa.

For some South Australia PhD graduates, you will be encouraged to apply for state nominated visa in Australia.

You can go for SA Graduate stream with high-performing graduate pathway.

If you have positive skill assessment of your nominated occupation, you might be eligible for a visa 491 or 190.

Queensland

 Another state which has a great visa option or pathway for high-performing PhD graduates is Queensland.

Migration Queensland allows PhD graduates of the state to seek 491 visa or 190 visa nominations.

To be eligible you must:

  1. Be living in Queensland
  2. have a points test result, including the state nomination points, of at least 80 points (for the sc-190 visa) or 65 points (for the sc-491 visa). However, having higher points is always better
  3. at least proficient English
  4. have completed all of your PhD or Doctorate at a Queensland based institution
  5. have had a decision of their thesis and graduated in the last 2 years
  6. have an occupation listed on LIN 19/051 or the Specification of Occupations and Assessing Authorities Instrument 2019. LIN 19/051 is the Legislative instrument that lists the occupations in the Medium and Long‑term Strategic Skills List (or the MLTSSL.)

One advantage of this pathway is that if you are a PhD graduate you do not have to provide evidence of employment unlike for Master’s Degree or Bachelor Degree graduates who need to show that they have a job offer or employment in their nominated or closely nominated occupation.

Tasmania

Tasmania is also another state that is currently providing a good pathway for its PhD graduates.

Tasmania has introduced a colour-coded system to rank the applicants’ Registration of Interest (ROI).  These are the Gold, Green and Orange pass or attributes.

Those who have the Gold attribute are likely to be invited immediately to apply for the Tasmanian state nomination. These are the candidates who have their skills assessment and related employment for at least the past 3 months in Tasmania’s critical roles list. This list can be found on the Migration Tasmanian website.

Candidates who can claim one or more Green attributes are likely to be invited within 2 weeks of their ROI submission.

And those who have Orange attributes may still be invited depending on the ROIs received by the state and number of priority attributes recorded. This means that those who can only claim Orange attributes have less chances of getting invited. However the more Orange attribute you can claim, the better your chances are of getting invited to apply for the Tasmanian state nomination.

PhD graduates or candidates who cannot claim to have the Gold Attribute still has a good chance of getting invited to apply for the Tasmanian state nomination and claim a Green attribute if they have completed at least 2 years of their PhD in Tasmania.

They also have to meet the following minimum requirements:

  1. have completed a course of study and obtained a letter of completion from a tertiary institution in Tasmania registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS)
  2. have lived in Tasmania for at least two calendar years from the commencement of their course and for the duration of their studies
  3. their course must have been completed full-time and on-site in Tasmania and
  4. currently be living in Tasmania and intend to continue living in Tasmania.

If you are an onshore PhD graduate or candidate and wants to know more about your Australian visa options or who wants to know how we can assist you with your permanent visa options please contact us on (+61) 08 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

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

You can also book an appointment online.

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Latest Australian Immigration Updates December 2022 - Direction 100 Skilled Visa Processing, State Nomination updates, Global Talent and Business Visa updates

Latest Australian Immigration Updates December 2022 - Direction 100 Skilled Visa Processing, State Nomination updates, Global Talent and Business Visa updates

Australia's 2022-23 Migration Program will be vastly different to the 2021-22 program, not just in size but also in composition.

This program has a significantly greater skill visa stream at 142,500 places.

This is the biggest in Australian migration history.

The top news in December is the effects of the new Ministerial Direction 100: Skilled Visa Processing priority

It indicates the order of processing priorities for General skilled migration and the Business Innovation & Investment Program (BIIP).

Generally speaking, it appears priority is being given to trades and Technical skills to assist with the shortages.

The visa backlog has now dropped to 755,000 from almost 1 million thanks to an additional 300 staff.

It is expected to be at a manageable level before Christmas, said by Minister Andrew Giles.

More news will also be discussed in this article.

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Seven migration policy reforms to address skills shortage for Australia's Future

Seven migration policy reforms to address skills shortage for Australia's Future

Why may Jobs and Skills Summit 2022 outcomes worsen Australia’s immigration systems and increase skills shortages?

*This article is written based on Immigration Lawyers’ view and suggestion on the current Migration plannings by the new Federal Government”

One of the major outcomes from the Jobs and Skills Summit 2022 is that the number of Australian Permanent Residency visas will be increased to 195,000 (an increase of 30,000), with additional funding provided to get through a backlog of visa applications.

As further discussed in this article, whilst not unwelcome these changes nevertheless fall acutely short in terms of actually addressing core problems.

The current Australian immigration system is not fit for purpose – the Australian Government needs to reform and modernise immigration policy.

This article will consider:

  • What are the skills shortages?
  • Why the Skills Summit outcomes will not actually fix skills shortages?
  • How can skills shortages be addressed through immigration policy reform?

If you want to know the likely outcome of the Skills Summit migration policy, then skip to the end of this article.

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The Australian Permanent Residency Visa Pathways for US Citizens

The Australian Permanent Residency Visa Pathways for US Citizens

Many Americans fight hard for their Permanent Residency in The State and a green card. As a result, they are pondering their options.

While Canada is a geographically closer option, Australia offers a practical and attractive option for US citizens looking to move abroad temporarily or permanently.

Australia has a lot of types of visas to offer for Americans who are interested in getting an Australia permanent residency or citizenship.

In this article, we explain all possible Australian visa options available to US citizens.

1) The Subclass 462 Work and Holiday Visa

The Work and Holiday visa 462 suits young Americans aged 18 to 30. There is an ongoing review to increase the age limit to 35 years of age, but that is not in effect as yet. Other requirements for the visa are:

- You must have a Senior Secondary Certificate of Education or equivalent.

- Have approximately AUD 5000 available as travel funds

- Hold travel health insurance

- Be healthy and have no criminal records

The visa is valid for 1 year and an extension for additional 2 years is possible if you have met specific work requirements, usually in specified high-needs industries in the regional areas of Australia.

While this visa is temporary for a minimum of 1 year and a maximum of 3 years, you may be eligible to apply for other visas for further stay in Australia after that.

If you have skills or qualifications in America, you may be eligible for more visas mentioned below. Otherwise, you can start with a student visa to start your way to Australian Permanent Residency.

Overall, This working holiday 462 visa is a fabulous opportunity for young Americans to visit and work in Australia to see if they like what Australia offers.

2) Skilled Migration visas: Visa 189 Skilled Independent, Skilled Nominated Visa 190, Skilled Regional Visa 491

Post-Pandemic Covid-19, Australia needs skilled professional and technical workers. US citizens are in the right mold because of the following factors:

- Excellent English abilities

- Accredited and easily verifiable education qualifications and work references

- Easier transition to an English and Western work environment and process

The upper age limit for these skilled visas is 45 years and below. You are likely someone who has completed a tertiary qualification and has worked a few years or more.

These skilled visas are a pathway to Australian permanent residency, allowing you and your family to live in Australia for as long as you want.

Especially the skilled independent visa 189, the Australian Department of Home Affairs is doing its best effort to attract skilled people worldwide post-pandemic hit. 

Recently, they have invited more than 10,000 skilled migrants to apply for this visa 189 - direct Permanent Residency of Australia.

Skilled nominated visa 190 is also an Australian PR with a direct grant, however, it could be more selective to some popular states like Victoria or NSW as this visa is state based visa with different requirements for each state. 

The last but not least option is the 5-year skilled regional visa 491.

Australia is facing a severe skills shortage, particularly in regional areas which are South Australia, Tasmania, Western Australia, Northern Territory, or even Regional Areas of metro states like Queensland, Victoria or NSW.

With this 491 Visa, you may live and work in the regional area of Australia and has a pathway to Visa 191 Permanent Residency once certain requirements (The primary one is the income threshold of 53,900 per annum) are met.

As a permanent resident of Australia, you will be eligible for social benefits including cheaper education, universal healthcare (Medicare), welfare (criteria apply) and more.

Watch this video below to understand more about Regional and Metropolitans and what incentives you might get for living and working or studying in Regional areas of Australia.

Contact Work Visa Lawyers today to find out if you are eligible for the skilled visas mentioned.

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3) Employer Sponsored Visas – TSS 482 visa, PR 186 visa and RSMS subclass 187 visa

Do you work for a large multinational corporation in the United States? Does the company have an overseas office in Australia? If they do, you may look for an overseas transfer by being sponsored by the Australian office of your current employer

While this would involve the endorsement and approval from your employer, this also means that you arrive in Australia with a job in hand.

Not just being employed by a multinational corp, if you are being offered a job in Australia, you may be eligible to ask for sponsorship. Most genuine businesses in Australia can nominate foreign skilled workers.

This is reflected in the new Ministerial Direction 100 about Skilled Visa Priority Processing.

It states that Skilled Visa program and Employer sponsorship program will be prioritized and offshore skilled migrants will be favoured.

Amongst all employer-sponsored visa, TSS 482 Visa is the most popular one with pathway to Permanent Residency of Australia for certain occupations which are listed in medium and Long Term Strategic Skilled List (MLTSSL).

Watch this video to learn more how a 482 Visa can help you get PR in Australia

The team at Work Visa Lawyers can provide dedicated visa services to the individual and professional corporate services to the sponsoring company. We ensure the best interests of both the employee and employer are catered to when applying for employer-sponsored visas.

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4) Global Talent Visa Program

This is a fast-tracked Permanent residency visa, Global Talent Visa Australia is the most popular one during pandemic for Offshore Skilled Migrants. Work Visa Lawyers has done a lot of cases for American highly skilled persons who got Permanent Residency and moved to Australia during Covid-19.

The Global Talent visa application process is simpler, faster and more affordable than many other Australian visas, so naturally, this makes it very popular. No age limit or points is testing and it grants immediate Permanent Residency

In General, visa applicants are required to meet the following 4 core requirements to be able to apply for a Global Talent visa: 

  1. Skills in a relevant field - There are 10 targeted sectors in Global Talent Visa to fit your skills in 
  2. Internationally recognized for outstanding achievement in your field - You may use your career history or publications. GTI 858 Visa (Global talent Visa) is quite popular for PhD graduates.
  3. Salary Income Threshold -  Your annual salary income with currency exchange must meet the high income threshold of AUD$162,000 or you need to prove that you have secured a job offer with higher income than the threshold.
  4. Nomination -  You need to have a prominent nominator in your field of expertise.

Global Talent Visa Australia

5) Business innovation and investment visas – for current business owners and managers, investors and entrepreneurs

Australia welcomes successful business owners, investors, and entrepreneurs on the rise. Visas available under this category include:

- Business Innovation and Investment (Provisional) visa (subclass 188) which has 4 small streams:

- Business Innovation Visa 188A stream

- Investor stream Visa 188B

- Significant Investor Visa 188C stream

- Entrepreneur stream 188E

The Business Innovation Visa 188a stream is unsurprisingly the most popular amongst all business visa Australia because of its lower capital requirements than the investor stream and the Significant Investor Stream. But it requires a points test, English, Business establishment experience, and more.

The Significant Investor Visa 188C stream requires none of those mentioned above; however, the investment amount is set at 5 Million Australian Dollars into Australian Complying Fund.

Business visas to Australia can be complex, and you will need a detailed assessment before applying. The experienced Registered Migration Agents at Work Visa Lawyers can assist you with the initial eligibility assessment and handle the complex visa application on your behalf in an efficient manner. Contact us today to learn more.

While the above lists the most common Australian visas for US citizens looking to move abroad, there may be other visa options including student visas, distinguished talent visas and so on. Each individual and family have their circumstances, therefore you should speak to a Registered Migration Agent to discover your options before deciding what is best for you and your family in the short and long term.

Comments by Chris Johnston – Principal Immigration Lawyer at Work Visa Lawyers

Australia is an ideal destination for US citizens looking to explore and discover a different country. The people, culture and environment are not vastly different from the United States so there will be less of a culture shock to Americans looking to move. Australian cities also consistently rank high in the top ten among the world’s most liveable cities or cities with the highest quality of life.

Work Visa Lawyers has received inquiries from new and past clients about Australian visa options to move to or remain in Australia. Get in touch with us today to speak about how Work Visa Lawyers can assist with your intentions to make Australia your temporary or permanent home.

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

 

 

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