Positives and negatives/ conditions and requirements

Negative aspects, No longer till PR!

People are often concerned about the length of time that it takes to get to PR for a 491.
Realistically, with the processing time for the 491 at 10, the further processing time for a 1913 years later, in total, it’s likely to take at least four years until you holding PR.
Buying property - more costs
You can buy property holding a 491 Visa, but you will have to ask for foreign investmen review board approval approval (FIRB).  And it is relatively easy to get FIRB approval for a primary residence. There is also extra stamp duty when buying a house as a temporary resident.

Positives of going for a 491:

Being able to work full time and for 8 am player and in multiple roles on a 491 is a major benefit.
If your Australian Visa is running out van for no one is an often a good option.
Other options to stay in Australia, may have negatives. For example, going for a student Visa involves the risk of refusal due to GTE,
Includes the cost of paying for the course and also will lead to limited work hours of 48 a fortnight. 
Employer-sponsored visas, such as the 482  you can only have one employer, and one type of occupation. The flexibility of a 491 for work purposes, maybe more attractive.

Click here to check the 491 Visa State & Territory Nomination Availability

The Skilled Work Regional (Provisional) visa, subclass 491, is a provisional visa that has a pathway to permanent residency. 

How can I get PR after the 491 visa?

The 491 visa is valid for 5 years.

You will be eligible to apply for the PR visa – Permanent Residence (Skilled Regional) visa, subclass 191, when you have

• held the 491 visa for 3 years, and
• complied with the conditions, and
• had a taxable income at or above TSMIT for at least 3 financial years.

 For more information, please visit our blog: 191 Visa - 491 to 191 PR Visa

What are the 491 visa conditions?

8579 - Must live/work/study in a designated regional area

This condition means that, while in Australia, you must live, work and study only in a part of Australia

A full list of designated regional areas is available on the Department of Home Affairs’ website immi.homeaffairs.gov.au/what-we-do/regional-migration/eligible-regional-areas

As this list may change from time to time, you should keep a copy of this information at the time relevant to your visa.

8580 - Must provide evidence of addresses

This condition means that, if requested, you must provide the Department of Home Affairs with evidence of any of the following within 28 days:

• your residential address
• the address of your employer/s
• the address where your job is located
• the address of your educational institution.

The request will be sent to 491 holders randomly.

8581 - Must attend an interview

This condition means that you must attend an interview with the Department of Home Affairs if you are invited to do so in writing.

8578 - Must notify of certain changes

You will have to notify the Department if there is any change of your address, passport, email, etc.

Once I have applied for the 491 Visa can I also Apply for the 189 or 190 Visa?

If you have the 491 visa granted, the answer is no.

It’s not possible to apply for the 189/190 Visa in the first three years of holding a 491 visa. 

Please see below for more information:

Restrictions on applying for other permanent visas.

It is intended that holders of a regional provisional visa (Subclass 491 or 494 visa) who comply with the conditions of their visa, access permanent residence by applying for the Subclass 191 visa. Legislative requirements for other visa Subclasses have been amended to ensure this intention is achieved.

Subclass 491 visa holders are unable to:

• make a valid application for a Subclass 820(Partner) visa unless they have held the Subclass 491 visa for three years;
• unless circumstances specified in a legislative instrument exist (at the date of publication of this document no circumstances were specified), be granted one of the following visas until they have held the Subclass 491visa for three years:
  • Subclass 132(Business Talent) visa
  • Subclass 186(Employer Nomination Scheme)
  • Subclass 188(Business Innovation and Investment (Provisional))
  • Subclass 189( Skilled (Independent)
  • Subclass 190(Skilled (Nominated)
  • Subclass 858(Distinguished Talent).

How to get a 491 visa?

1. Check eligibility against the points test.
2. Obtain positive skills assessment and required English test results
3. Submit an Expression of Interest (EOI) through SkillSelect
4. Apply for State or Territory government nomination
5. Submit visa application within 60 days of receiving an Invitation to Apply (ITA) and include all supporting documents for the application

Do note that this is a simplified overview of the steps involved. Preparing and providing the right documents and information as required is an important factor in ensuring your application is processed smoothly.

What is the benefit of 491 visa?

More occupations available for 491 Visa Australia

For 189 Skilled Independent Visa, you must work in an occupation that is listed in the Medium and Long term strategic skilled list (MLTSSL).

190 visa applicants can access both MLTSSL and Short term skilled occupation list (STSOL).

491 visa applicants can get access to larger skilled occupation list which includes the above two plus occupations in Regional Occupation List (ROL).

491 visa holders are eligible to apply for Medicare Australia

Although 491 visa is only a temporary 5 year working visa with a pathway to Permanent Residency 191 Visa, all applicants who have applied for the visa may be eligible for Medicare, which helps with the costs of seeing a doctor, getting medicines, and accessing other health services. Medicare does not cover all health-related expenses and limits of coverage do apply.

Visa holders should understand these limitations and assess their private health insurance options before arrival. Visit the Medicare website for further information.

The regional 491 Visa nomination requirement is much easier than the visa 190.

It is important that the Australian Government is trying to push skilled migrants to live and work in regional areas of Australia.

This makes the requirement for 491 nomination is a lot easier than 190 visa which people can get the 190 nomination by living and working in metro areas like Melbourne, Sydney or Brisbane.

So, those who cannot get 190 in metro areas they might have to move to regional areas to seek more permanent residency options in Australia.

491 visa NSW and 190 Visa NSW are quite straightforward.

Let's take 491 visa South Australia as an example: Chef in South Australia need 12 months of work experience to get 190 visa. However, they only need to work 3-6 months depending on the location to get 491 visa as a chef.

Lower EOI points required for 491 visa

Another good thing for 491 visa applicant is you only need to get 50 points on your own because state gives you 15 points as being nominated for 491 visa application.

There are still arguments about the 491 and the 190 visa. Each visa has its own benefits like the 190 visa and a direct Permanent residency while the 491 visa is only temporary and the waiting time to Australian PR could be up to 4  years or more (3 years maintaining the income threshold required and processing time for 191 Visa).

However, with someone who is struggling with NSW state nomination, Victoria State Nomination or QLD state nomination because they are living and working in Melbourne, Sydney or Brisbane, they might be interested in getting a 491 visa in the regional area of Australia.

Can I buy a house in Australia on a 491 visa?

Yes. Similar to other temporary visa holders, 491 visa holders are subject to Foreign Investment Review Board (FIRB) requirements.

For more information, please visit Purchasing a Property In Australia 2022 – For temporary and permanent residents

How can Work Visa Lawyers help?

Work Visa Lawyers is highly experienced in all parts of the General Skilled Migration (GSM) visa application process. We are able to assist with all aspects of the application, and can also advise on complications in relation to:

• skills assessments
• nominating the appropriate ANZSCO code
• state/territory nomination applications
• difficulties in obtaining documents to demonstrate work experience or family relationships
• upcoming deadlines which will affect your points total, such as age or expiring documents. We prepare your application efficiently to enable your visa application to be submitted as quickly as possible.

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 have any further questions or need a visa assistance please contact us 

The federal government's recent "closure" of the Australian Business, Investor and Entrepreneur Visas.
This news has been met with shock and disappointment from many potential applicants, innovation hubs and the business community.

What is the 188 visa?

The 188 visa is a type of visa for those who want to start or invest in a business in Australia.

There are four streams of the 188 visa including:

• The Business Innovation stream
• Investor stream
• Significant Investor stream
• Entrepreneur stream

What happened on December 8th, 2022?

The Migration Program Planning Levels for 2022-2023 were released.
Unfortunately, the Federal Government did not allocate any more places to the states and territories for the 188 visa.
In August 2022 states and territories were given a total of 810 allocations. Most of them have now run out.
This effectively closed 188 visas for this migration year until June 30th, 2023.

How did the news break?

What was the initial allocation plan for the 188 visas?

At the beginning of the 2022-2023 program year, the federal government had a planning level of 5,000 places for the Business Innovation and Investment visas.
The last planning level for the Business and Investment Visa was 13,500 places for the 2021-2022 program year.
This year, only 810 allocations were sent out to all states and territories, leaving almost 4,200 places unused.
There has been no official announcement on how the Australian government will be using these unused places.

Why did the Federal Government close the 188 visas?

• Creating jobs for Australians,
• Creating exports of Australian produce,
• Property developments and funds invested into Australia venture capital to drive innovation.

What are the alternatives for 188 visa applicants?

Potential applicants for the 188 visas may consider other visa options such as:

• The Global Talent Visa
• General Skilled Visa
•  Employer Sponsored Visa
• Family Visa such as the Partner Visa or Parent Visa.

The closure of the 188 visas is a significant development for the business community in Australia and will have far-reaching consequences.
It is a shame that the Federal Government has not made an official announcement about this closure and that it has been left to the states to communicate the news.
We will continue to monitor this situation and provide updates as they become available.
Thank you for watching, and we hope this video was informative.

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

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, including Student Visa applications. Our areas of expertise include Student Visas, Skilled Migration visas, Business Skills Migration visas, Employer-Sponsored Work Visas, Partner, and other Family Migration visas, as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

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

Phone: +61 8 8351 9956
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Discussion of Designated Area Migration Agreement (DAMA) programs is often focused around lower-skilled and semi-skilled occupations and opportunities.

DAMAs provide concessions in a whole range of ways, not just through occupations. There are a handful of DAMAs that provide concessions for IT professionals to access sponsored visas and permanent residency where they otherwise may not be able to. However, the range of ICT occupations available under these DAMAs is extremely limited, most frequently 1 or 2 occupations, with only a few offerings longer lists.

The question about DAMAs and IT occupations are usually asked by IT professionals that are facing the following challenges:

• I am on a 482 visa and my employer will not commit to sponsoring me for PR through at 186 visa
• I am over 40 cannot get enough points to be successful with an EOI for a 189, 190 or 491 visa
• I am over 45 and no longer qualify for the 189, 190 or 491 visa

South Australia -  DAMA Visa

The Adelaide City Technology and Innovation Advancement Designated Area Migration Agreement for Adelaide Metropolitan Region

https://www.migration.sa.gov.au/occupation-lists/dama-occupation-list

This DAMA visa is limited to postcodes in the Adelaide Metropolitan region which appears to include Kapunda, Murray Bridge and more.

IT occupations include:

• ICT Project Manager 135112
• Multimedia Specialist 261211
• Web Developer 261212
• Analyst Programmer 261311
• Developer Programmer 261312

And we also note the occupations Statistician 224113 and Information and Organisation professionals nec 224999 that may be relevant for data scientists working in the IT space.

Age concession for these occupations is all “under 55” for the 494 and 186 programs alike.

There are also work experience concessions, as low as 1 year of relevant Australian (or 2 overseas) work experience for the SESR visa.

SESR under this DAMA will require a skills assessment, however, which for many of these occupations would be through Australian Computer Society that may impose a higher requirement than the DAMA itself, diminishing the utility of some of the experience concessions.

North Territory – DAMA Visa

• Web designer  232414
• Web administrator 313113
• ICT support technicians nec 313199
• ICT customer support officer 313112

All of the above have the concession to “under 55 years of age” for the SESR visa, which may be an attractive option for ICT professionals in those occupations aged 45 to 54.

Again, a skills assessment is required, with experience concessions that may be diminished by Australian Computer Society or similar requirements.

South West – DAMA Visa

The South West DAMA includes a single ICT occupation: 135112 ICT Project Manager.

This includes an age concession under 55 for both SESR 494 visa and ENS 186 visa, and has a pathway to permanent residency.

It requires a skills assessment from the Australian Computer Society.

Queensland (FNQ) – DAMA Visa

The Far North Queensland (FNQ) DAMA includes the following IT occupations:

• 135199 ICT Managers (nec)
• 135112 ICT Project Managers (nec)
• 225213 ICT Sales Representative
• 313199 ICT Support Technicians (nec)

These all have the age concession of under 55 years of age for both SESR 494 visa and ENS 186 visa.

The FNQ DAMA materials appear to suggest that these occupations would not require a skills assessment.

Queensland (TNQ) - DAMA Visa

The Townsville DAMA (TNQ DAMA) includes the following ICT occupations:

• 313112 ICT Customer Support Officer
• 135112 ICT Project Manager
• 135199 ICT Managers nec
• 313199 ICT Support Technicians nec

These all have a concession to under 55 years of age for SESR 494 visa and ENS 186 visa.

These occupations do not appear to require a skills assessment for SESR 494 visa or TSS 482 visa under the TNQ DAMA.

Western Australia Goldfields - DAMA Visa

The Goldfields DAMA includes the following IT occupations:

• 313112 ICT Customer Support Officer
• 313199 ICT Support Technicians nec

Unfortunately, these occupations do not have any age concession in the Goldfields DAMA.

Western Australia Pilbara - DAMA Visa

The Pilbara DAMA includes:

• 135112 ICT Project Manager
• 263212 ICT Support Engineer

Both occupations have an age concession to under 55 years of age for SESR 494 and ENS 186 visa programs.

Western Australia East Kimberley - DAMA Visa

The East Kimberley DAMA (EK DAMA) features only one IT occupation: 313199 ICT Support Technician (nec).

It appears a skills assessment would be required for the 494 visa under the EK DAMA, but not for the 482.

This has an age concession to under 55 for both 494 SESR and 186 ENS visas.

DAMAs Visa with no ICT occupations

The following DAMAs visa do not appear to include any ICT occupations:

• Orana DAMA (NSW) https://www.rdaorana.org.au/migration/dama/dama-occupations-list/
• Goulbourn Valley DAMA (Vic) https://www.gvdama.com.au/wp-content/uploads/2022/10/DAMA-Occupations-List-2022.pdf
• Great South Coast DAMA (Vic) https://gscdama.warrnambool.vic.gov.au/approved-occupations

The above is another example of how the Designated Area Migration Agreements are customised to their local area. Where DAMAs visa do include ICT occupations, no two lists of IT occupations are the same. Further, the concessions for the IT occupations vary from DAMA visa to DAMA visa.

SA, NT and Qld have the longest lists of ICT occupations, while the many WA DAMAs have very short lists. The DAMAs visa in NSW and Victoria are the ones which do not include any IT occupations.

Watch the video to undestand further about the DAMA Visa options:

What is the DAMA Visa and Who needs the DAMA Visa?

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, including Student Visa applications. Our areas of expertise include Student Visas, Skilled Migration visas, Business Skills Migration visas, Employer-Sponsored Work Visas, Partner, and other Family Migration visas, as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

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

Phone: +61 8 8351 9956
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Some visas processed in less than 24 hours as backlog eases.

After the Pandemic period, Australia’s immigration system is bringing positive News and flexibility to the 408 Covid visa extension

Watch the latest updates of Australia Immigration News.

2 Years – 408 Covid Visa Extension

Many questions about the covid visa were raised after the pandemic period in Australia, the main question was if the government would keep or end the covid visa after the pandemic. Most people can get the 1 year 408 visa if you were living in Australia and now the immigration indicates that they will not remove this visa anytime soon as they have just release eligibility requirements for a 2 years covid visa. Which is exactly a great news.

Who can get the two year 408:

Temporary Graduate Visa (TGV) holders whose visas expire/d between 1 September 2022 and 1 July 2023 

This is great news 485 holders onshore.

Global Talent Visa Update Opportunities remains.

Last year the Department of Home Affairs has announced that it will no longer consider and endorse requests for priority processing of an EOI from individuals or agents on behalf of individuals for the Global Talent (subclass 858) visa. This means that the EOI candidates are no longer able to request for the support of the GTO to have their EOIs prioritised. however, Hong Kong nationals and residents and candidates of extremely high calibre may still receive priority assessment.  the government had increased the allocations across these skilled visas. And in December 2022 extended 35,000 sc-189 invitations.

The Global Talent Visa though would still be a good visa option for high performing individuals especially for those over 45 years old. It would also be attractive for those whose professions are not listed in the skilled occupations list, for those who do not want to or cannot get a skills assessment for their occupation and for those who do not have at least “competent English skill” required for most skilled visa as the Global Talent Visa only requires functional English.

New Partnership to attract International Students to the Permanent Residence through the chef pathway studies.

Australia Study Team had a launch event on 17^th March to officialise the partnership with AIOH (Adelaide Institute of Hospitality) to attract suitably skilled international students to support hospitality industry’s to growing staffing need.

Australia Study team will assist international students to study, live and work in Australia. In addition, looking after their visa process such as applications and extension. Also, with every student enrolment will be donate a certain amount to the wildlife rescue.

The cocktail event was very successful with special guests. The Wildlife SA was also present to receive a donation of $500.

AIOH is offering Certificate III in Commercial Cookery, Certificate IV in Kitchen Management and a Diploma in Hospitality Management.

If you are interested in become a chef and follow this pathway to the Permanent residence please contact Australia Study team. The contact details are in the video description

Australia study team is a separate business to Work Visa lawyers.

188 Business Visa Closure

The 188 visa is a type of visa for those who want to start or invest in a business in Australia. Unfortunately, the Federal Government did not allocate any more places to the states and territories for the 188 visa.

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

It has been left to the states to make announcements about running out of allocations.

South Australia was the last state to close the program on 31 of January 2023.

Potential applicants for the 188 visas may consider other visa options such as:

• General Skilled Visa and Employer Sponsored Visa

• Family Visa such as the Partner Visa or Parent Visa.

• The Global Talent Visa (which still an opportunity)

Overall State Sponsorship

Due to the massive 35,000 invitations sent for the 189 visa.

The states are simplifying the immigration rules to attract more applicants.

491 visa program eligible for Victoria

Victoria has opened its skilled work regional visa (Subclass 491) to applicants living and/or working in metropolitan Melbourne.

Subclass 491 visa holders must live, work and study in a Regional area of Victoria for at least three years before they can apply for their subclass 191 visa, which provides permanent residency. This means you may need to move to a designated regional area of Victoria or secure a job that provides you with regional employment.

Be aware that once the visa is granted you will need to move out of Melbourn to a regional area. On a 491 you Must live and work in a regional area for 3 years once the visa is granted.

Northern Territory State criteria

Updates to Offshore Northern Territory State nomination criteria

The Northern Territory  has made changes to its nomination criteria to make it easier for offshore applicants to apply for NT state nomination.

The NT announced 3 new changes, namely:

1.       They are expanding their Offshore Migration Occupations List. They added almost 200 different occupations to the List, almost doubling the number of occupations. This means that more people would be able to apply for NT state sponsorship.

2.       The work experience is reduced from 3 years to just 1 year work experience for most occupations.

3.       They have expanded the NT Family Support Stream where if the applicant has a family member who lives in the NT who is an Australian citizen, permanent resident or if they hold certain temporary visas like the sc-491, 289 and 494, may be able to qualify for the NT state nomination even if their occupation is not on the NT Offshore Migration Occupations List.

WA State Sponsor

WA has a very large volume of applications. WA was given 5,350 nominations for 190 visas and 2,790 nominations for 491 visas. The WA government will be issuing invitations in the first week of each month.

In March, WA issued 2500 invitations altogether for 190 visas (the greater number of invitations were issued to applicants in the General stream – WASMOL schedule 2).

Unfortunately, there were no invitations for 491 visas. 

One of these is the Graduate stream- available if you have studied in WA and gained a Certificate III or higher qualification.

The other two are the General stream, divided into WASMOL schedule 1 or WASMOL schedule 2, depending on the applicant’s nominated occupation.

Competent English is a standard requirement for WA state nomination, and an accommodating work experience requirement applies to the General streams (at least one year of work experience in the nominated or closely related occupation in the last 10 years, either in Australia or overseas). WA does not require an applicant to be currently living or working in WA, although a job offer is needed to be considered for a 190 visa.

This year so far WA has nomimted over 20,000 190 and 491 applicants. This is a huge number and explains why the WA criteria can be very generous.

887 Visa Updates - Improve time process.

There are more than ten thousand applications made for Visa 887. Recently, Department of Home Affairs has made a great progress in deciding the 887 applications. Most applicants who lodged their 887 visa applications by October 2021 have got their visas or been contacted by a Case Officer.

Granting PR to people that have been living and working in Australia endorses the pathway from Provisional Visa to Permanent Visa is effective. Processing more permanent visa for regional migrants can encourage they move from metro areas to regional locations.

General news

When will the next 189 round be?

The answer is, there is no set date.

With the massive 35,000 invitation round in December 2022, the government might be waiting to see how many visas are lodged, to decide if there’s one more round this program here.

The program year ends on 30 June 2023.
So there might be another round, or it might not be, before 30 June 2023.

From the 1 July 2023 a new migration program year begins.  So the 189 should start flowing again.

Student Visa

Student visas from offshore are really moving ahead!
We’ve noticed that student visas lodged from Offshore are often been processed very quickly, sometimes in I need a couple of weeks.
This is great news for many of your students.
Unfortunately the downside is that student Visa applications for onshore  students may take a number of months and the quote processing time online is very high.
The Fast processing for student Visa from offshore is consistent with the government policy to prioritise offshore applications. Such a priority is also clear in the 189 and 491 programs.

GLOBAL TALENT VISA – Opportunities remains

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

Immigration changes

Since the Australian Federal Labor government came into office last May 2022, they have announced a few changes to Australian Immigration law policy including changes to the Global Talent Visa.

In September 2022, the Australian Federal Government announced that the allocation for the Global Talent Visa for the 2022-23 Migration Program will be decreased from 15,000 places to 5,000.  We have previously talked about this in our video which you can watch here.

Government Updates

Then in October 2022, the government released Ministerial Direction No. 100 which changes the processing priorities and provided for the prioritisation of healthcare and teaching occupations as well as offshore permanent and provisional applications.  Ministerial Direction 100 also removed the priority given to the Global Talent and Business Innovation and Investment Programs.

Later in the year, the Department of Home Affairs closed the mailboxes for the Global Talent regions and announced that “In line with Australian Government priorities, the Global Talent Officer (GTO) concierge service and Global Talent Expression of Interest (EOI) prioritisation function is no longer available. Departmental Officials (Global Talent Officers) will no longer consider and endorse requests for priority processing of an EOI from individuals or agents on behalf of individuals for the Global Talent (subclass 858) visa.”

This means that the EOI candidates are no longer able to request for the support of the GTO to have their EOIs prioritised. Before this change, with the support of a GTO we were able to get successful EOI results for our high calibre clients in as little as 2 business days.  EOIs that were prioritized were decided in 1-3 months’ time. Now EOIs are assessed in order of receipt, however, Hong Kong nationals and residents and candidates of extremely high calibre may still receive priority assessment.

Last February 2023, the Department of Home Affairs provided information to the migration profession in relation to the change in the role of the Departmental officers or representatives. The Global Talent Officers’ role had been changed and they are now referred to as Global Skills Attraction Officers to reflect the new focus, service and functions.

Generally, Global Skills Attraction Officers are tasked to “attract overseas skilled migrants through the permanent Migration Program to help fill critical skill shortages in Australia.” And their role is “largely promotional”.  This

The Global Talent Taskforce website had also been changed and it is now Global Australia and, while still aiming to attract the best and brightest talents, is now more about attracting investments to Australia. The information about the Global Talent Program has been largely removed from the website.

Priorities

This shows the Australian government’s shift in priorities or focus, that is, that they prefer to attract overseas skilled migrants through the General Skilled Migration which includes subclasses 189, 190 and the employer sponsored visas. In line with this, the government had increased the allocations across these skilled visas. And in December 2022 extended 35,000 sc-189 invitations.

Opportunities Skills remains for the Global Talent Visa

The Global Talent Visa though would still be a good visa option for high performing individuals especially for those over 45 years old. It would also be attractive for those whose professions are not listed in the skilled occupations list, for those who do not want to or cannot get a skills assessment for their occupation and for those who do not have at least “competent English skill” required for most skilled visa as the Global Talent Visa only requires functional English.

If you are interested or if you want to check if you meet the criteria for the Global Talent Visa, you can take our free GTV assessment here

How can Work Visa Lawyers help?

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:

• your eligibility for a Global Talent Visa
• documents to demonstrate your skills and ability to attract salary

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.

SOURCES:

Department of Home Affairs, Migration Program planning levels, https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels

Department of Home Affairs, Skilled visa processing priorities, https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=973

Department of Home Affairs website, SkillSelect, Invitation rounds https://immi.homeaffairs.gov.au/visas/working-in-australia/skillselect/invitation-rounds

Global Australia website - https://www.globalaustralia.gov.au/

It has been over three years since the 491 on one and 494 skilled regional visas were created. Many visa holders are waiting for the date when they can apply for a 191 visa.

The 191 visa is a permanent visa pathway for the 491 and 494 visas. With this visa, you can stay in Australia permanently and apply for citizenship once all other requirements are met.

Please note the full legislative instrument has not yet been made.

We expect further developments will soon be announced to clarify the requirements for the one on one. Please watch the video below to have a deep understand about 191 Visa requirements.

The 191 Visa requirements

There are two main streams for the 191 visa application.

The first one is through the regional provisional visa, the 491 and the 494. The second one is the Hong Kong regional strain for Hong Kong passport holders. To be eligible for the regional provisional strain. For the 191, you must have held the 494 for or 491 visa for three years have earned the minimum income threshold requirement for the last three financial years as the holder of the above provisional visa have complied with the conditions of the regional provisional visa.

(191 Visa Condition 8579)

There is a residential requirement for applicants who've held the 491 or 491 visa. This is condition 8579. The holder whilst in Australia must live, work and study in a designated regional area at the time the visa was granted. This also applies to eligible secondary visa holders.

191 visa requirement and criteria

Most people might be confused about how to calculate the income year for the 191 visa.

A relevant income year is counted if the income year ended before the date of the application. The applicant held a regional provisional visa for all or part of the income year. Another criteria that draws a lot of attention is the amount of income.

For now, people are sticking with the number of 53,900 as the income threshold required for the 191 visa. The government may refer to this temporary skilled migration income threshold or TSMIT  as that amount? However, there is no legislative instrument that mentions the exact number. Instead, they use the minimum income threshold on the department's website. The TSMIT has been frozen at 53 900 since 2013.

It could be reviewed and adjusted up at any time.

Case study - Income threshold

We're going to give you an example of how the relevant income year is calculated.

Applicant A has their visa granted on the 16th of November 2019. So, when can they apply for a one on one visa? Given that they may all income and other requirements.

The three relevant income years will be counted from the 2019 to 2020 year. Then the 2020 to 21 year. And finally the 21 to 2022 financial year. However, only into after the 16th of the 11th 2022. Can the applicant apply for the visa because that's when the three years residence requirement will be met.

We hope this scenario is helpful to clarify your questions. If you have other questions, you can look at booking an appointment for a consultation with us to get the best advice.

(Hong Kong 191 Visa Streams)

Most Hong Kong or British national overseas passport holders will be eligible to apply for the 191 visa. If the applicants have held the following visas, the 457, the 482 or the 485 visa lived work and study during the three years ending immediately prior to the application. Have functional English complied with all other conditions attached to the eligible visa when they were in Australia. Please note that multiple visas, including visas of the same subclass, cannot be combined to meet the criteria.

191 Visa Documentation

The most important documents to be prepared are residential documents and taxable income documents.

It is important to remember that applicants need to compile three years of documents, so planning ahead is very, very vital.

You must provide proof that you've lived, worked and studied in a designated regional area. You must also provide proof of earning a minimum taxable income for the full 491 or 494 holders. Income evidence can be taken from the Australian taxation Office.

Talk to a professional lawyer or agent for the best advice in relation to a 191 application. There are still some clarifications that are required from the Federal Government. The Federal Government needs to hurry up in relation to making the instruments and policy to provide the requirements for the 191 visa.

When they're doing this, we encourage them to consider flexible requirements for the following situations.

Those that were not able to meet the income requirement due to the effects of the COVID on the employment market.

Another situation is visa holders that may have suffered family violence and have been unable to meet the income requirements. We look forward to some more flexible policy and socially responsible policy from the Department of Home Affairs.

There are more than ten thousand applications made for Visa 887 (Pathway to PR from Skilled Visa 489) from 1 July 2021 to 30 November 2022.

With the current report, there are less than 3000 visa grants between July 2021 and November 2022.

Recently, Department of Home Affairs has made a great progress in deciding the 887 applications. Most applicants who lodged their 887 visa applications by October 2021 have got their visas or been contacted by a Case Officer.

Granting PR to people that have been living and working in Australia endorses the pathway from Provisional Visa to Permanent Visa is effective.

It brings confidence to skilled migrants to consider a Provisional Visa when a Permanent Visa is not available to them.

Processing more permanent visa for regional migrants can encourage they move from metro areas to regional locations.

To apply for an 887 the visa holder must have held a 489 visa (Which is replaced by 491 Visa now) to live in a regional area for 2 years and work full-time for at least one year.

To apply for a 191 the visa holder must have held a 491 visa to live in a regional area for 3 years and have more than $53,900 taxable income for three financial years. The 191 visa application was open in November 2022.  

We do hope that they will grant more permanent visas for regional Australia and for Australia’s reputation, as Australia is facing severe skills shortages in regional areas.

Topics Related:

• Skilled (Residence) (class VB) Skilled - Regional (subclass 887) visa

The 189 visa is back!

The 189 visas have a new potential channel to migrate to Australia. The 189 visa has been ignored during the pandemic.

Lots of skilled migrants didn’t even have the intention to apply for 189 visas even though it was always open.

This was due to the high points required for some occupations and the invitation process being super slow.

However, the new government has a preference for PR visas and there are severe skills shortages.  

The 189 is now the main visa option to attract skilled migrants.

Have a deep understanding about 189 visa rules and the process by watching the video below:

What is a 189 Visa?

Let’s look at more details of the 189 visa.

This is a purely points-based visa that does not require sponsorship and gives a direct PR grant.

For other skilled visas like 190, 491 or 482, 189 visas will need to have a state, employer, or even family member to sponsor.

This is the most popular program for migrants onshore and offshore which do not specifically require work experience or a high English score.

They can bring their family and there is no restriction on the location of work and life.

Eligibility Criteria:

To be eligible for the 189 visa, you must be under the age of 45.

You must also have a relevant skill assessment for an eligible occupation.

Your occupation must be listed in the Medium and Long term Strategic skilled list.

Popular occupations are including those in accounting, health, teaching, ICT, STEM majors and some trades occupations (chef, carpenter…)

English language proficiency is required with minimum Competent English which is IELTS 6 each band or PTE 50 each band.

Finally, you must meet the health and character requirements, which include a police check and medical examination.

Australian PR Points System:

The Visa 189 is assessed based on a points system.

Points are awarded for various factors, such as age, education, work experience, and English language proficiency.

All factors are shown here on the side.

To be eligible for the visa, you must score a minimum of 65 points on the assessment.

However, it is worth noting that the actual points required for visa grants may vary on each occupation.

This normally picks the highest scores in the pool for the invitation.

Please watch our video link above on how to maximize your PR points in Australia.

Invitation process:

There are many factors that could influence the process except for points which includes:

-       Demand of the occupations at the time

-       The occupation ceiling

-       The lodgement date of the application

This is why there were a huge amount of invitations have been sent out in December 2022.

Application Process:

So, you meet the eligibility criteria and have scored enough points. What's next?

The next step is to submit an Expression of Interest (EOI) through the Department of Home Affairs Skill Select portal.

Many people have been stuck in this step.

We suggest maximizing your points and looking at the invitation round for the invited points of your occupation.

Once you receive an invitation to apply, you will have 60 days to submit a complete visa application.

The application must include all required documents, such as your skill assessment, English language test results, and police check.

It's also important to provide a detailed and accurate application, as any mistakes or omissions can result in a delay or even refusal of your visa.

Timeframe and Costs:

It's important to note that the processing time for a Visa 189 application can also vary.

Currently, the average processing time is around 9-12 months, but this can change at any time.

In terms of costs, there are fees associated with both the visa application and the grant.

These fees include the visa application fee, skills assessment fee, and English language test fee and health examination fee.

If you have family members to include in the application, please also calculate for your best fund preparation.

It's important to check the most up-to-date fees and ensure you have the necessary funds before submitting your application.

You can check your fee in the link provided in our website page.

Post-Visa Grant:

So, you've received the good news that your visa has been granted. What now?

Firstly, congratulations! You are now a permanent resident of Australia.

However, there are still a few more steps you need to take before you can fully settle in.

You must provide your tax file number, enrol in Medicare, and obtain a social security number.

Once you have PR you can consider the next step of Australian citizenship.

To do so, you must meet the eligibility criteria, which includes meeting the residency requirements and passing the citizenship test.

The 189 visa is a go-to option for most skilled workers looking to migrate to Australia and make it their permanent home.

By understanding the eligibility criteria, points system, application process, timeframe and costs, and post-visa grant requirements, you can give yourself the best chance of success in your visa application.

You can also find further information:

• 189 Skilled Independent Visa 

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

BOOK AN APPOINMENT

If you still have questions about the 189 visa, please contact us.

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 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 1^st 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.

Contact us

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.