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Migration Queensland Program will begin inviting selected applicants from the end of September 2023 and hold invitation rounds at the end of each month for the remainder of the financial year 2023-24. The number of applicants invited each month will be capped to ensure an even and consistent rate of invitation throughout the program year. Due to this competitive process, ensure that you explore alternative migration options.
Western Australia (WA), South Australia (SA) and Victoria (VIC) are offering cash incentives for migrants for occupations in healthcare and construction. If you are a health worker or a construction worker, the opportunity is now. You can get the incentive if you move to their state and take up a job. If you have friends or family in construction or health care, then tell them about these amazing offers.
There are massive reductions of around 70% to all the state nomination allocations for General Skills Migration (GSM) for 190 and 491 visas. These allocations were released by the federal government on Thursday, August 25th.
We have created a chart to compare last year’s allocations with this year’s, and percentage cuts. The shocking overall numbers are that the combined state allocations for 190 and 491 visas in 2022-23 were 62,416, while for 2023-24, the number has reduced to just 16,700.
Welcome to our August Australian Immigration News, where we bring you crucial updates on changes in Australian immigration. In this edition, we cover a range of topics, including alterations to the 189 and 190 visas, state nominations, 408 pandemic visa, cash incentives offered by states for specific occupations, VETASSESS Skill Assessment, Parent visa program, English testing modifications, Aged Care Agreement and more. For detailed information on all visas, visit Work Visa Lawyers.
There’s good news for Australian aged care providers who are struggling to meet the growing demand for skilled workers!
Aged care workers no doubt play a crucial role in supporting and caring for Australia’s ageing population. Aged care providers can now request an Aged Care Industry Labour Agreement (“ACILA”), which aims to help address the serious and ongoing shortage of workers all throughout Australia.
Under the ACILA, approved aged care providers can nominate skilled workers for certain employer-sponsored visas, to work in direct care occupations such as:
Nursing Support Worker
Personal Care Assistant
Registered Nurse and Enrolled Nurse occupations are not included in this Agreement.
Firstly, aged care providers who want to access this labour agreement must consult with and enter into a Memorandum of Understanding (MOU) with the relevant union(s):
The relevant union for the MOU will depend on the occupation group(s) being sought, service settings (residential or home care) and the state/territory where services are provided. In some instances, more than one union could be party to the MOU.
After an MOU is signed, aged care providers can proceed to request a Labour Agreement by making an application to the Department of Home Affairs.
Employers can either sponsor a skilled worker for:
For eligible applicants who hold a relevant AQF Certificate III or equivalent OR have one year of relevant work experience (to substitute for the formal qualification)
No extra work experience is required in addition to the above.
A permanent residency pathway can be available to sponsored workers who demonstrate at least 2 years of full-time experience in the nominated occupation in Australia.
Those who have already worked in aged care in Australia could access a shorter, direct path to permanent residency (PR).
Applicants who possess two years’ experience in a directly relevant occupation (not tied to a particular employer or visa subclass) may be nominated for a permanent 186 visa.
This work experience must have been undertaken in Australia (meaning overseas experience does not count).
For both TSS and ENS visas, work experience needs to be relevant to the nominated occupation (at the required skill level), full-time or otherwise part-time pro rata, and undertaken in the last five years.
The Temporary Skilled Migration Income Threshold TSMIT for employer sponsored visas is set at $70,000 (or at least $63,000 if salary concession is available under a DAMA).
Compared to this, the minimum salary under the Aged Care Industry Labour Agreement is AUD $51,222.
The Agreement covers a range of lower-skilled and semi-skilled roles within the aged care industry, namely Personal Care Assistants, Aged or Disabled Carers, and Nursing Support Workers. These roles are no doubt essential for ensuring quality care and continuity of care.
Compared to this, not all regional areas covered by a DAMA contain all of these occupations.
The Aged Care Industry Labour Agreement can offer a quicker path to PR for those who already have relevant Australian work experience in the aged care industry.
Work Visa Lawyers has supported many businesses across Australia to negotiate and enter into labour agreements including DAMAs, industry and company specific. If your sponsorship needs are not currently being filled by the standard migration program, we are here to help.
Applicants do not need a positive skills assessment, if they hold a relevant AQF qualification that was completed in Australia.
A relevant skills assessment for the nominated occupation is required for applicants who have an overseas qualification or are relying on work experience to substitute for a formal qualification.
Aged care studies may not be the preferred option, because it does not directly lead to visa options in the standard migration program. You might instead consider studies in a field with more migration pathways.
The aged care occupations are not currently on Australia’s skilled occupation list. This means visa options are limited for aged care workers.
For instance, there are no General Skilled Migration pathways (points-based visas Skilled visas such as 189, 491 or 190).
Employer sponsored visas are only available under certain Designated Area Migration Agreements, or otherwise the Aged Care Industry Labour Agreement. A challenge could be finding a sponsoring employer willing to nominate you for a visa.
No, only Australian aged care providers can access an Aged Care Industry Labour Agreement.
An approved provider is an organisation that has been approved by the Aged Care Quality and Safety Commission, to deliver Australian Government subsidised home, residential or flexible care services to older Australians.
Your family member or friend might instead consider accessing those services through an aged care provider that you work for.
These are some approaches you can try:
The Department of Home Affairs also publishes a list of current labour agreements here (but this may not be regularly updated though): https://immi.homeaffairs.gov.au/visas/employing-and-sponsoring-someone/sponsoring-workers/nominating-a-position/labour-agreements/list-of-current-labour-agreements
Unfortunately not. The ACILA does not offer a concession to the age limit for PR (186 visa), and applicants must be under 45 when they apply for this visa.
A reduced TSMIT applies - $51,222 per annum.
English requirements depend on whether the aged care provider is CALD (Culturally and Linguistically Diverse) or not.
Those sponsored by CALD providers must achieve:
Those sponsored by non-CALD providers must achieve:
https://www.agedcarequality.gov.au/providers/becoming-approved-aged-care-provider
https://immi.homeaffairs.gov.au/what-we-do/skilled-migration-program/recent-changes/new-aged-care-industry-labour-agreement
https://www.homeaffairs.gov.au/foi/files/2023/fa-230601478-document-released.PDF
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If you needs help with this visa, Work Visa Lawyers can assist you.
Work Visa Lawyers is highly experienced in all parts of an employer-sponsored visa application process. We are able to assist with all aspects of the application, and 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 potential application(s).
Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.
You can book an appointment online or call us at (+61) 8 8351 9956.
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.
When the Global Talent Visa subclass 858 was first introduced it was touted as the fast-track, streamlined pathway to permanent residency for highly skilled, highly paid professionals to move to Australia. And indeed, it was, qualified applicants got their visas within a short time.
EOIs with the support of the Global Talent Taskforce officers are being actioned quickly and the visa processing was prioritised, and applications were finalised within a few weeks or in less than a month. At its peak in early 2020, the GTV whole process was taking 2- 5 months.
However, since late last year, the Federal Government has put the brakes on the Global Talent Visa. The whole GTV process could now be expected to take 18 to 29 months.
The priority of the Australian Government has shifted to other skilled visas such as the Skilled Independent visa (subclass 189) wherein 35,000 invitations were issued in December 2022.
The Department’s resources were also reallocated to reduce the visa processing times of other skilled visas and priority were given to critical sectors like healthcare and education.
While the allocations for the Global Talent Visa have been kept to 5,000 places for the 2023-2024 financial year which is the same allocation for 2022-2023, this is significantly lower than the previous allocation of 15,000 places for the 2021-2022 financial year.
EOIs now take about 3-6 months if prioritised and 12-18 months if not. Applicants who lodged their applications from late November 2022 onwards are expected to wait 6-11 months for their applications to be finalised.
With the popularity of the program, it has become more competitive, and the Department is more stringent with their requirements.
For a successful EOI, it is very important to provide evidence of the EOI candidate’s international record of exceptional and outstanding achievement applying for the Global Talent visa seeking priority on the basis that they:
The High Income threshold amounts referred to above is the amount set by the Australian Fair Work Commission. It is currently set at AUD167,500 and is adjusted every year on 1 July.
Those who lodged their EOI before 1 July 2023 and who have not received any response from the Department yet would have to meet this new High Income Threshold. If the EOI candidate’s salary just met last year’s threshold of $162,000, they must prove that their salary had been increased and meets the current threshold or provide evidence that they have an offer of employment in Australia with a salary equal to or over the High-Income Threshold otherwise, their EOIs will not be successful.
The Global Talent visa has been a program of the former Morrison government where the government allocated significant resources. It is reported that the program would cost Australia $13 million to establish.
It however had been severely criticised. The criticisms included, the program falling short of its targets; the subjectivity of the criteria for the grant of the visa and the granting of visas to applicants who are already in Australia and who were going to migrated to Australia anyway and therefore was not in line with the program’s objective of attracting the “best and brightest” and the “high-value businesses and exceptionally talented individuals to Australia along with their ideas, networks and capital.”
There had even been fears about the possibility of the Global Talent Visa being scrapped altogether. However, the Review of the Migration System released in May 2023 did not recommend for the abolition of the program and instead recommended reforms such as improving the clarity of the criteria and removing the need for a nomination. This indicates that the Global Talent Visa will be continued, albeit changed.
While it is understandable that the Global Talent Visa program needs to be improved, we believe that the government’s approach to it is not understandable considering the current global war on talent and Australia’s aim to attract and retain highly educated and highly skilled workers vis-à-vis the skilled shortage.
We have assisted hundreds of global talent visa applicants in the last four years. From our experience the applicant’s often work for global tech giants and leading universities.
Prior to the Global Talent Visa, we were not seeing any applicants through the GSM process from leadership positions in tech giants.
The average income of GTV of applicants would be at least $70,000 higher and often $200,000 to $300,000 higher than GSM applicants.
The present blowout of processing times will make the Global Talent Visa unattractive to most global talents. Waiting over two years for a visa is not attractive to Global Talents and these applicants will just go to the UK or Canada instead.
We encourage the Government to re-priorities Global Talent Visas through an updated Directive or Instrument.
We believe that eligible global talents have a place in Australia’s future and the process of getting them to choose and come to Australia should be made easier or risk the chance of losing these talents to other countries who are more accommodating and receptive.
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If you are interested in the Global Talent Visa or needs help with this visa, Work Visa Lawyers can assist you.
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:
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 Global Talent EOI, visa application or appeal.
Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.
You can book an appointment online or call us at (+61) 8 8351 9956.
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.
There were some positive signs in recent months for the 188 Visa. These include that allocations have been announced of 1900 places for 2023, 2024 years.
https://www.workvisalawyers.com.au/news/all/australia-visa-numbers-2024-189-491-siv-
and-gtv.html
The Parkinsons’ Migration Review Final Report, while overall, having some negative comments did say that it could say there are some positive contributions by their Significant Investor Visa.
In the 2023 migration program year just 810 places were allocated to the states, and this led to a very high competition. The result of this was most states increased their criteria above the minimum requirements from the Department of Home Affairs (DoHA). So, in this program, here, we could expect the same approach from the states and territories.This means that 188 Visa applicants may need to consider the different states and choose the one which suits their profile best.
It is likely that the most popular states, such as New South Wales and Victoria, will have high criteria that many applicants can’t meet. Some states may concentrate mostly on the Significant Investor Visa. With a modest number of places, available of up to 1900, states may also run out of allocations before the end of the program year on 30 June 2024.
Here is some information about what happened last year for the 188 Visa:
There are also many potential 188 Visa applicants waiting to put a nomination in because last year’s programs closed early. It is going to be a case of the first in best dressed for the 188 visas.
Our team of experienced Immigration Lawyers and Migration Agents looks forward to assisting you with your business and investor visas.
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.
We take a break from providing you with the latest immigration laws and visa news as we have some very exciting news about us.
We are very excited and incredibly humbled to have been selected as a finalist in the Boutique Law Firm of the Year Award category of the Australian Law Awards 2023 and that our founder and Principal Lawyer, Chris Johnston has been recognised as a finalist in the Mentor of the Year award.
As a boutique law firm based in little old Adelaide, in South Australia and to be shortlisted as a finalist in 2 categories for a national award such as this is a remarkable achievement. The Australian Law Awards is highly regarded across Australia’s legal sector, so we are extremely proud of this recognition.
While it is tempting to think that we are punching above our weight, we remind ourselves that we are the biggest immigration law firm in South Australia. We do believe that specialising in immigration law allows us to provide specialist expertise to our clients to match national big firms while keeping our boutique small practice attitude and offer a personalised approach to our clients and their matters.
For us being named as a finalist is a recognition of our hard work and our commitment to providing ethical, professional and excellent service to our clients.
It is Chris’ belief that mentoring the new professionals is a way to contribute to the advancement of the profession.
Chris was able to establish and grow Work Visa Lawyers by having the invaluable guidance of his mentors and sees the importance of mentoring not just to help up and coming law professionals but also for him to grow and to learn from his peers and develop as a legal professional.
Chris was mentored by some great people including Lawyer Joanna Richardson and RMA Brian Jones.
We take this opportunity to thank all our clients, for their trust and for referring us on to their family, friends and contacts and for engaging with us through our various social media platforms.
Awards night will be on 11 August 2023 in Sydney and whether we win or not, we are celebrating nevertheless and giving ourselves a pat on the back.
The Albanese government’s review of Australia’s migration system has recently been released, which has considered some possible options to reform the current parent visa system.
Within parent visas, the two main types are Parent visas which have a lower cost, and Contributory Parent Visas, which require a contribution of $43,600.
Parent visa – processing time of approx. 40 years.
Contributory parent visa processing time of 15 years
The migration review suggest that each permanent Parent migrant is estimated to cost approximately $400,000, which includes access to Centrelink services Medicare services in aged care services.
Meaning of demand for permanent Parent visas would come and a very high cost.
Here are some of the reform options considered by the panel in the migration review final report.
Number one a lottery approach to prevent Visa backlogs.
A lottery approach would have the benefit of preventing further Visa backlogs, given the high waiting times already in the process.
The review recognises that Canada New Zealand are examples of clearing the backlog of applications by adopting a little lottery approach. Additionally, if the lottery approach is adopted in Australia, the responsibility of post arrival, support services may rest heavily with the sponsor child.
However, this is just one of the suggestions, and there is doubt as to whether a lottery approach will be adopted in Australia.
The current sponsored parent temporary subclass 870 allows parents to visit and stay in Australia for up to 3 to 5 years is a maximum period in Australia 10 years. The 870 also includes a payment of $10,000 for the five year Visa,
The review raises concerns that the period of stay is too long for parents, which may lead to a situation where they are willing to depart Australia due to losing their home connections in their country of citizenship. The review suggests the period of stay should be made shorter. The suggestion is parents can stay in Australia with a maximum of 12 months within any given 18 month period with multiple travel facilities.
Considering the factors of the high economic cost and detrimental demographic effects, the review suggests further come, potentially completely removing access to permanent migration parents.
Reflecting upon the options put forward, it all looks pretty grim.
The existing parent Visa system is definitely not working well, and the waiting times are getting ridiculous.
The parent lottery system seems to offer some benefits in terms of processing times, but may leave everyone feeling on edge and waiting for a result that may not happen.
Certainly making temporary visas, easier to get, and perhaps increasing the need for comprehensive insurance, maybe a way forward.
So, we’ll just have to wait and see what the path forward is from the Australian government.
So, this is an update on the suggestions from the migration review, final report Ending
The Australian visa system offers several options specifically tailored for individuals in your age group. In this article, we will explore seven visa pathways that could open doors to work, live, or reunite with loved ones in Australia. From employer-sponsored visas with relaxed age restrictions to family-related pathways and investment opportunities, there are diverse options to suit your circumstances. Join us as we delve into the details of each visa, highlighting key requirements, concessions, and benefits. Please note that while this information provides a helpful overview, it is crucial to consult with an immigration lawyer or registered migration agent to obtain accurate and up-to-date advice based on your specific situation. Let's embark on this exploration of Australian visa options for individuals over the age of 45 and uncover the possibilities that await you.
The Designated Area Migration Agreement, or DAMA, is an employer-ponsored visa program that allows businesses in specific regional areas of Australia to sponsor skilled workers. Unlike other visa programs, the DAMA Visa has relaxed age restrictions, making it an attractive option for individuals over 45 but under 55. If you have can secure a relevant employer in designated regional area, this could be a viable pathway for you.
One of the notable concessions of the DAMA Visa is the relaxation of age restrictions. Unlike many other visa programs, the DAMA Visa can have an age concession for some occupations up until the age of 55.
In addition to age concessions, the DAMA Visa also offers salary concessions. The DAMA allows employers in designated areas to pay a salary that is below the Temporary Skilled Migration Income Threshold (TSMIT) which from 1 July 2023 will be $70,000. This means that employers can offer a slightly lower salary to sponsored individuals compared to other visa categories.
Another advantage of the DAMA Visa is the expanded list of skilled occupations available for sponsorship. The DAMA provides access to additional occupations that are not on the standard list of eligible skilled occupations for other visa programs.
These concessions and benefits make the DAMA Visa an attractive option for individuals over 45 who are looking to migrate to Australia and work in specific regional areas. If you have a job offer in a DAMA-designated area and meet the skill requirements, I highly recommend considering the DAMA Visa as a pathway for your migration.
This script provides an overview of the DAMA Visa and its concessions for individuals over 45. It is important to consult with an immigration lawyer or a registered migration agent to obtain accurate and up-to-date information based on your specific situation.
The Global Talent Visa is designed for individuals who possess exceptional talent or have outstanding achievements in specific target sectors. The target sectors are mostly tech focussed and are listed on screen.
The standard requirements for the GTV apply up until the age of 55.
After the age of 55, you must be of exceptional benefit to the Australian community. If you have the skills and experience that Australia needs, the Global Talent Visa might be the right choice for you.
The Temporary Skill Shortage Visa, commonly known as the 482 Visa, is an employer-sponsored visa that allows skilled workers to work in Australia for a temporary period. While there is no specific age restriction for this visa, it is important to note that sponsors need to demonstrate that they cannot find a suitable Australian worker for the position. If you have a sponsor and meet the skill requirements, the 482 Visa could be an option for you.
But the 482 is only a temporary visa. But in limited circumstances, it can lead to PR for those over 45.
The Employer Nomination Scheme or 186 visa can lead to PR for people over 45 in a limited number of circumstances.
There is an exemption for those earning a salary over the Fair Work High Income Threshold for three years straight.
There is an exemption for some occupations including Lecturers and scientists working for the government.
There is an exception for medical practitioners working in regional areas for at least two of the last three years.
The Partner Visa category allows individuals who are in a genuine and committed relationship with an Australian citizen or permanent resident to apply for a visa. Unlike other visa options, there is no age limit for the Partner Visa. If you are in a relationship with an Australian partner and can demonstrate the genuineness of your relationship, this pathway could be the right fit for you.
The Parent Visa category is available for individuals who have children who are Australian citizens or permanent residents. While there is no age limit for this visa, it is important to note that there can be significant processing times and financial requirements associated with this pathway. If you have children who are Australian citizens or permanent residents, the Parent Visa might be worth considering.
The Significant Investor Visa is a pathway for high-net-worth individuals who are willing to invest a substantial amount in Australia. To be eligible for this visa, you must have at least 5 million Australian dollars to invest in approved investments. Age is not a limiting factor for the Significant Investor Visa, making it an attractive option for individuals over 45 with significant financial resources.
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.
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