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Will Australian Federal Election affect on Global Talent Visa? Yes, if there is a change of Government!

Will Australian Federal Election affect on Global Talent Visa? Yes, if there is a change of Government!

Australian Election nears - How it will affect Global Talent Visa subclass 858?

Australia is approaching a Federal Election and it's possible that Liberal party could lose its hold on power. If the Labours party wins against the liberal. There are bound to be some big changes.

Although Labour is typically seen to be pro-migration and its spoken about increasing the numbers of visas. Traditionally Labour has favoured more family visas.

It is possible that the Global Talent Visa will be scaled back if there is a Labour government.

If you are planning for a Global Talent EOI or nomination, lodging in the first half of 2022 might be the best idea.

This is all speculations, as the election nears, we are sure to hear more from both parties about their future plans.

If you think you might be suitable for the global talent visa, you can do a free assessment on our website.

Before you apply for Global Talent Visa Australia, you may need to know all the criterias and processing time or success rate to decide whether you are eligible for it or not. We have made a lot of articles and blogs on global Talent Visa subclass 858 which may be useful for you.

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 sector
  2. Internationally recognised for outstanding achievement in your own Target Sector
  3. Salary must be above income threshold provided from Department of Home Affair at $158,600 AUD
  4. An Australian Nominator with PRMONIENCE background or achievements.

Once you can satisfy those core requirement, there are a few more minor factors to determine whether you are going to get invitation or not.

 

Global Talent Visa 858 Overview

The Global Talent Visa Australia has just celebrated its second birthday. It was successfully launched comparing to Entrepreneur program, which has attracted many of talented people around the world in Australia Growth Industries. (Have a look at those 10 target sectors for Global Talent Visa )

This global talent visa 858 is initially called the Global Talent Independent, the visa was released on 4 November 2019. At the time, no one really knew how big its future would be. 

There have been many visas before like the Entrepreneur visa which did not result in getting many applications due to the tough criterias.

Over the last 2 years the Global Talent Visa 858, as it was renamed, has helped thousands of highly skilled individuals migrate to Australia permanently.

At the beginning, Australia Government offered only 5,000 places for this program and after just 1 year it was deemed so fruitful, that the number increased to 15,000. It’s been going strong ever since. During the first year, so many clients from Work visa lawyers or applicants are even surprised with Global talent visa processing time, just within days after lodgment or even its success rate, another wonderful number. Click on the link for FREE GLOBAL TALENT VISA ASSESSMENT.

 

How can Work Visa Lawyers help with your Global Talent Visa 858?

Work Visa Lawyers is highly experienced in all parts of the Global Talent visa application process. We are able to assist with all aspects of the application, and can also provide advice in relation to:

- Check your eligibility for a Global Talent Visa

- Use documents to demonstrate your skills and ability to attract salary to be above the income threshold at $158,500

- Suggesting an Australian nominator that suits your Occupation

 

Work Visa Lawyers will provide an eligibility assessment before advising you to proceed with a visa application.

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your 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 think you might be suited to a Global Talent Visa, you can take the GTV free assessment on our

website, and remember to follow our channel so you get all the latest updates. 

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

Contact us on (08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Free online Global Talent assessment

If you think you are eligible to apply for a Global Talent Visa, it only takes 5 minutes to complete our free online Global Talent assessment form and our lawyers and registered migration agents will assess your eligibility and get back to you.

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Medium TSS 482 Visa vs Short TSS 482 Visa: What's the difference? 482 Visa to PR Australia

There are a few substantial differences between the medium-term stream and the short-term stream of the TSS 482 visa.

At their core, both streams are part of the same temporary, skilled, employer-sponsored visa in Australia.

Many clients have made questions whether there is a pathway of 482 Visa to Permanent Residency.

Yes, even neither stream has an age requirement, but there is an age requirement for the ENS 186 visa that could be accessed via the Temporary Residence Transition stream if you hold a Visa subclass 482 in the medium-stream. This stream is a pathway to PR from 482 visa.

The key differences of are:

  • Length of stay in Australia
  • English test scores required
  • Genuine Temporary Entrant requirement
  • Possibility for “renewal”
  • Availability of PR pathway (through ENS 186 visa temporary residence transition stream)

The English “exemptions” are the same for both streams (while the test scores required are different, where an “exemption” is not available).

Have a look at this TSS 482 Occupation List to determine which stream you are in.

There are many Employer Sponsored Visas in Australia, 482 Visa is the most popular amongst those. However, each scenarios will fit in each type of Sponsored Visa. 

Please have a look at all Employer Sponsored Visas in Australia here ! Or Click here for arranging an appointment with our Immigration lawyers !

Medium TSS 482 visa vs Shot TSS 482 Visa

What determines the stream I am in?

With sponsored and skilled work visas, selecting the correct occupation is essential. If the wrong occupation is used, this can lead to refusal of nomination and/or visa application.

For TSS 482 visa, it is important this occupation is consistently used all the way through Labour Market Testing, nomination application, contract, visa application, work experience, skills assessment (if required).

For the TSS subclass 482 visa, you are in either the medium-term stream or the short-term stream based on your occupation. If your occupation is on the MLTSSL, then you would be in the medium-term stream. If your occupation is on the STSOL, then you would be in the short-term stream. Some occupations are on the regional-occupation list (ROL) , which has some perks of the medium-term stream (4-year visa) with some of the drawbacks of the short-term (not eligible for the 186 PR pathway).

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ACT MIGRATION PROGRAM IS OPEN FOR OVERSEAS APPLICANTS (12/01/2022)

ACT MIGRATION PROGRAM IS OPEN FOR OVERSEAS APPLICANTS (12/01/2022)

Following New South Wales and South Australia offshore migration program, Australian Capital Territory has opened their skilled migration program for Overseas applicants under Skilled Work Regional Visa 491 and Skilled Nominated Visa 190.

Follow this link for South Australia Current Offshore requirement & New South Wales Offshore Migration overview

Let's have a look on all the eligibility guidelines for you to apply for skilled visas in ACT from overseas. 

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Immigration Lawyers’ Take on Tennis Champion Djokovic’s Visa Cancellation

Authors – Chris Johnston and Luke Edwards : Immigration Lawyers of Work Visa Lawyers - Published on 7/1/2022

Stepping up to Serve

Having heard many a sports commentator struggling with the complexities of the Novak Djokovic visa cancellation, I think now is the time to step into play. (Sorry about the bad tennis puns)

This article is written with the input from two practising immigration lawyers, Chris Johnston and Luke Edwards.

There have been many broad statements made by politicians, journalists and Novak supporters in relation to Novak Djokovic’s recent visa cancellation.  These range from calls for sovereign control over the borders to a rally cry for the free world to rise up.   

The boring reality is that a close consideration of the administration of migration law, by Australian courts will determine the success or failure of Djokovic legal challenge.

The decision made to cancel Novak Djokovic’s visa must be according to the requirements of the relevant laws under the Migration Act 1958 and related Migration Regulations 1958.

Current reports on the visa issues and subsequent Djokovic's visa cancellation does not contain much detail on the visa and reason for refusal. But there is information available through Tennis Australia publications and the Department of Home Affairs, which can be used to draw some insights.

Here we are providing some details on the laws relevant to the Djokovic case.

The Visa

The visa applied for is most likely a Sports Stream 408 or so called Temporary activity Visa 408.

This is the visa that Tennis Australia has previously provided guidance documents for participants in the Australian Open available which are readily available on the web.

The 408 visa requires that the applicant has been invited to participate in the activity by a sporting organisation which is a temporary activity sponsor, such as Tennis Australia. The visa allows the holder to be in Australia to participate in the related activity. However, this visa can only be applied when applicants are outside of Australia.

Covid-19 and the requirement for Travel Exemptions

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Visa Processing Time Has Doubled during Pandemic - Does Australia need Skilled Migrants?

Up to 3 years waiting to get their permanent residency approved!!

This is a true story that many of skilled migrants for General Skilled migration scheme have been waiting for ages just only to get their Permanent Residency and coming back to Australia to work.

Reporting from ABC news, Huang Yiwen has been waiting for her skilled visa 190 Approved for just over two years. As an immigration company, we are having a lot of questions from skilled migrants or Skilled workers about the processing time which is not in line with the information provided by the department of home Affairs.

"I have always taken Australia as my home" Ms Huang said. Back to the time when she was in Adelaide, South AUstralia, she was a part-time teacher for a primary school and has herself lodged application for the 190/491 skilled nominated visa. She returned to China in 2019 and is being stucked in China since then, even when the border is fully open on the 15 December 2021 for fully vaccinated temporary work visa holder. But she does not have her own temporary visa and she is waiting for her Permanent Residency approved to travel back to work in Australia.

primary school teacher stucked offshore waiting for Permanent Residency approval

Source: ABC

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NEW SOUTH WALES STATE NOMINATION UPDATE - OFFSHORE

NEW SOUTH WALES STATE NOMINATION UPDATE - OFFSHORE

NSW STATE NOMINATION BASIC INFORMATION

NSW state nomination uses a selection-based invitation procedure so as to suitable candidates are invited by the state are satisfying the requirements of the growth in their local economy.

Please do keep in mind that Direct application is not applicable with NSW State Nomination both Offshore and onshore. In order to be nominated, you must first submit your profile in EOI Skill Select and wait for the invitation by the state to lodge.

There are different invitation rounds in NSW, with the closes date would be of January 2022 and it is held from time to time. Make sure you hit the subscribe Newsletter on our website for updates of everything in Australia Immigration. 

While held on an ongoing basis throughout the financial year, invitations rounds are not announced beforehand and don’t follow a pre-determined schedule as such.

NSW nominates candidates for the following Skilled Visa:

  • Skilled Nominated visa (subclass 190): For nominated skilled workers to work and live in Australia as permanent residents. 90% of the visa applications are processed within 18 months.
  • Skilled Work Regional (Provisional) visa (subclass 491): For skilled workers nominated by a state/territory government to work and live in regional Australia. 90% of the visa applications are processed within 9 months.

Other Australia visa pathways are also available for skilled professionals intending to migrate to NSW, such as – Global Talent Visa (subclass 858), Skilled Independent visa (subclass 189), Skilled Employer Sponsored Regional (Provisional) visa (subclass 494), and Employer Nomination Scheme visa (subclass 186) and TSS 482 visa.

Good news is now you can be residing onshore or Offshore to get NSW 190 state nomination with the following requirements below


Onshore:

Be currently living in NSW and –

·       have “genuinely and continuously” lived in NSW for the past three months, OR

·       be gainfully employed in NSW (long-term capacity, in nominated or closely-related occupation, for a minimum of 20 hours/week).

Sydney NSW Great to live Offshore State Nomination open 2021 2022 

NSW STATE NOMINATION - OPEN FOR OFFSHORE

Following border opening news from Minister, NSW is launching some new migration streams and policy to attract more talents and skilled migrants to the state.

As of 22/12/2021, Just before christmas, NSW 190 is now open for offshore candidates who holds valid skills assessment and have resided outside Australia since the last 3 months.

Skilled Occupations which are open for Offshore Applications including:
• 1332 – Engineering Managers
• 1335 – Production Managers
• 1342 – Health and Welfare Service Managers
• 2332 – Civil Engineering Professionals
• 2333 – Electrical Engineers
• 2334 – Electronics Engineers
• 2335 – Industrial, Mechanical and Production Engineer
• 2336 – Mining Engineers
• 2339 – Other Engineering Professionals
• 2342 – Food Scientists
• 2633 – Telecommunications Engineering Professionals

 

• All Trade Occupations such as- Sheetmetal Trades Workers, Metal Fabricators, Carpenters, Bricklayers, Glaziers, Machinist, Baker, Pastrycook, Butcher, Hairdresser, Cabinet Maker (Except Chef, Cook, Motor Mechanic)

 

• 2411 – Early Childhood (Pre-primary School) Teachers
• 2412 – Primary School Teachers
• 2415– Secondary School Teachers
• 2515 – Pharmacists
• 2523 – Dental Practitioners
• 2541 – Midwives
• 2542 – Nurse Educators and Researchers
• 2543 – Nurse Managers
• 2544 – Registered Nurses

• 3111 – Agricultural Technicians

A big congrats to all the applicants who are recently offshore for this new opportunity from NSW Government regarding State Nomination 190 visa. However, the processing time could not be as fast as expected and the chance of getting invitation can be low with a large number of competitors offshore. 

We highly recommend booking an appointment with our Registered Migration Agents and Lawyers for your assessment of Eligibility.

NSW New Work Experience Requirement Changes:

Besides the good news for Offshore skilled migrants, now there are some occupations are experiencing a new change in number of years of experience as up to 3 years.

Those occupations are mainly from Hospitality, Accounting and Finance, Some IT related and Trades occupations. 

📌NSW 190: Mandatory Minimum 3 Years Work Experience requirement for Certain Occupations:

 

• 1351 – ICT Managers
• 1399 – Other Specialist Managers
• 1411 – Cafe and Restaurant Managers
• 1413 – Hotel and Motel Managers
• 2211 – Accountants
• 2212 – Auditors
• 2611 – ICT Business and Systems Analysts
• 2613 – Software and Applications Programmers
• 2621 – Database and Systems Administrators, and ICT Security Specialists
• 2631 – Computer Network Professionals
• 2632 – ICT Support and Test Engineers

 

• All Trade Occupations such as- Sheetmetal Trades Workers, Metal Fabricators, Carpenters, Bricklayers, Glaziers, Machinist, Baker, Pastrycook, Butcher, Hairdresser, Cabinet Maker, Chef, Cook, Motor Mechanic

 

Basic stepwise process for securing NSW nomination for subclass 190

STEP 1: Book Appointment with us and check your eligibility for the subclass 190 Australian visa.

STEP 2: Confirm that you meet NSW’s minimum eligibility criteria.

STEP 3: Complete an EOI profile in SkillSelect.

STEP 4: Receive an invitation to apply.

STEP 5: Apply – within 14 calendar days – for a nomination by NSW.

STEP 6: Provide evidence for: (1) all of the EOI points claimed, and (2) where you presently reside.

Keep in mind that a failure to justify the points claimed in the SkillSelect EOI will lead to rejection. Ensure that you are able to confirm your eligibility to claim all the points stated. Only claim points for ‘eligible’ skilled employment.

 

NSW 491 Nomination Notes:

👉You may submit an ROI for NSW nomination under Stream 3 if you reside offshore.

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Book an appointment with one of our experienced Immigration Lawyers and Registered Migration Agents

here.

Contact us on (08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

Free online Global Talent Visa assessment:

If you think you are eligible to apply for a Global Talent Visa, it only takes 5 minutes to complete our free online Global Talent assessment form and our lawyers and registered migration agents will assess your eligibility and get back to you.



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GLOBAL TALENT VISA 858 – TOP 10 GLOBAL TALENT VISA NOMINATORS ANNOUNCED BY DHA

Global Talent Visa 858 - FREE Visa Assessment

What were the changes in the last 2 years with Global Talent Visa 858?

14/12/2020, The department passed the legislation to remove the offshore stream subclass 124 and made some major modifications to the onshore Global Talent Visa Subclass 858 application.

20/1/2021: bachelor (with Honours) and Masters graduates are no longer eligible for invitation to the GTI program by submitting those qualifications alone. It is clearly making no competitiveness at all to those PHD candidates or Research fellows and the Department of Home Affair was considering about their ability to attract the fair work High income Threshold requirements.

Also, for existing EOIs submitted on the Department website will also be applied by this change. It means, Masters Graduates or Bachelor candidates who are waiting for the invitation will no longer be accepted.

27/1/2021: The Distinguished Talent Visa was renamed the Global talent visa. The subclass and criteria remained the same.

Global Talent Visa - Australian Nominator

To get invited for a Global Talent Visa, you need to have an eligible Australian nominator. The nominator must be of a national reputation in your area of talent who is Australian Citizen; Permanent resident of Australia; Eligible New Zealand citizen and Australian organisation.

With the national reputable criteria, it clearly aims to global organization who has made global footprints in their industries or area of study; Educational Institute with strong background in researches which are globally recognised.

And a lot of people are getting their nomination from their own employer. It is strongly dependent on projects they are doing.

  • Please help yourself with our quick initial GTV Assessment and Our Immigration Agents and lawyers will be in touch with you shortly. It is completely FREE !

The Department of Home Affairs has just released details of which organisations nominated the most candidates from November 2019 and the end of June 2021.

The top 10 nominators for Global Talent Visa 858 are:

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Who Has Actually Received a Global Talent Visa 858 in Australia?

Who Has Actually Received a Global Talent Visa 858 in Australia?

The Global Talent Visa continues to be the visa everyone wants. And why wouldn’t it be? With fast processing, low costs, and a direct pathway to permanent residence in Australia, there are few immigration options that can compare. It isn’t easy to get though; the Global Talent Visa is for highly skilled applicants in specific target sectors. Until now, the Australian Government had provided very little information as to who would and would not qualify for the GTV, but this month the Government has released examples of exceptional and strong candidates (who were granted Global Talent Visas) and categories of professionals that would usually not be eligible.

Click here to learn the criteria for the Global Talent Visa

If you think you are eligible to apply for a Global Talent Visa, take 5 minutes to complete our free online Global Talent assessment form.
Our lawyers and registered migration agents will assess your eligibility and get back to you.

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Can I Appeal if My Australian Visa is Refused or Cancelled for Character Reasons?

Can I Appeal if My Australian Visa is Refused or Cancelled for Character Reasons?

Picture this: you've been living in Australia for the last 10 years with your wife and child. You had a criminal history in your home country, but you moved away to get a fresh start and put that life behind you. You're here on a genuine visa and you're earning your keep by legitimate means. But then you get a notification from the Department of Home Affairs saying your visa has been cancelled due to "character grounds", and you have 9 days to lodge an appeal or you must leave the country. What are you going to do?!


Section 501 of the Migration Act 1958 gives the Minister for Home Affairs, or their delegate, the right to refuse or cancel a visa if they are satisfied that the visa holder does not pass the "character test". In addition, Subsection 501(3A) imposes an obligation on the Minister to cancel a visa if an applicant/visa holder fails the character test for specific reasons- which means if you tick the right boxes, the Minister must cancel your visa.

These laws have only recently been put into place but they apply retrospectively. This means that even though the law didn't exist when you moved to Australia and got your visa, it applies to you now. And that's how people find themselves in very difficult situations like in the example above.

 

What is the Character Test?

The character test is set out in Subsection 501(6) of the Migration Act and it lists a number of reasons for which a visa can or should be cancelled. The list is long, but it includes:

  • having a substantial cirminal record
  • having committed sexually based offences against a child;
  • having committed offences while in or escaping from immigration detention;
  • being involved in people smuggling or slavery; or
  • being part of a criminal organisation (such as the mafia).

In our experience, the most common reason for cancellation of refusal is though incurring a "substantial criminal record".

 

Substantial Criminal Record

The Migration Act says a person has a "substantial criminal record" if they have been (and this is not an exchaustive list):

  • sentenced to a term of imprisonment of 12 months or more;
  • sentenced to death; or
  • found unfit to stand trial, and has been retained in a facility or institution.

 

What Can You Do About a Visa Refusal or Cancellation for Character Reasons?

Refusal or cancellation decisions are appealable to the Administrative Appeals Tribunal. The tribunal is required to make a decision on the appeal within 84 days of the applicant being notified of the refusal/cancellation.

Just as with the Minister, the tribunal is required to weigh up the facts that arise in the matter with respect to Ministerial Direction 90, as follows:

Primary considerations:

  • Protection of the Australian community from criminal or other serious conduct;
  • Whether the conduct engaged in constituted family violence;
  • The best interests of minor children in Australia;
  • Expectations of the Australian community.

Other considerations:

  • International non-refoulement obligations (not sending you back to a country where you will be persecuted);
  • Extent of impediments if removed (how badly you would be affected by it if you are sent home);
  • Impact on victims; and
  • Links to the Australian community, including:
    1. Strength, nature and duration of ties to Australia (such as family, friends and community); or
    2. Impact on Australian business interests.

As you can see, Ministerial Direction 90 provides ample opportunity for a lawyer to develop an appeal argument. The tribunal’s decision ultimately turns on the weight it assigns to each consideration and whether it feels the positives outweigh the negative aspects of an applicant’s situation.

In our experience it is important to recognise an appeal’s strengths and weaknesses and focus submissions accordingly. For example, if an applicant has an extensive criminal record there is no value in trying to argue that they don’t. Instead, it is important to acknowledge it and provide an explanation and context for that offending as well as emphasising the positive aspects of their situation – such as family, cultural, or business ties to Australia. The discretion granted to the tribunal offers applicants the opportunity to put their best foot forward.  

 

Timing

Appeals of Section 501 refusals and cancellations are time sensitive processes, given that the tribunal is required to hand down a decision within 84 days. As such, it is important to be organised, focused, and strategic in where to focus your energy. Do not waste time!

If you do find yourself facing a section 501 refusal or cancellation you need to speak to an experienced immigration lawyer immediately to understand your options. Work Visa Lawyers is happy to discuss your options further, provide an assessment of the strengths and weaknesses of your case, and give you an indication of whether we consider there to be sufficient grounds to lodge an appeal.

Make an appointment now if you need help on a visa refusal/cancellation appeal.

 

Author:

Lochlan Reef MacNicol: Lawyer

Lochlan Reef MacNicol, Lawyer & Registered Migration Agent at Work Visa Lawyers

 

Do you need help?

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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:

(08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

You can also subscribe our Facebook: WORK VISA lawyers

 

Disclaimer

This information is correct at the time of publication but is subject to change without notice.  All information provided on this page is provided for purely educational purposes and does not constitute legal advice.  For advice on your situation, please speak with an Immigration Lawyer or a Registered Migration Agent.

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Featured

Graduate 485 Visa Extension and Longer Stays: Welcome Back, Alumni 🎓

Graduate 485 Visa Extension and Longer Stays: Welcome Back, Alumni 🎓

On 25 November 2021, the Department of Home Affairs announced some much anticipated changes to the Graduate Visa program - 485 Graduate Visas are going to be extended, at last! 

The announcement comes as a huge relief to those who were granted Temporary Graduate Visas but rhwen stranded outside of Australia during the Covid pandemic. It has taken months of campaigning but finally the Australian Government is establishing a concession to allow them to get the time in Australia they deserve.

It is estimated there are more than 30,000 people who could benefit from these changes.

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