Watch out latest Australian Immigration Updates video in DECEMBER 2022 here >>

October and November has received a lot of good news and negative news from Skilled Migration Program and Business Innovation and Investment Program (BIIP) in Australia.

Apart from the outcomes of the Skills Summit in September which have been announced recently, there is more news from the skill select results and state nomination updates especially in NSW.

The biggest update could be the publishment of the Migration Allocation Budget where we saw a cut in Global Talent Visa, but a significant increase in Business and Investment Visa 188 or in Employer sponsorship and Parent Visa.

Skills Select results - Visa 189 and 491 Invitation round October 2022

The 6 October had seen another massive round.  There were 11,714 visa 189 invitations which is the highest number even for the last 2 years in such a round.

There were invitations for onshore applicants in this round, but still a higher level for OFFSHORE INVITATIONS overall. 

We can see that the government is now focusing on offshore migrants to help address the skills shortages.

There are 818 Family Sponsored 491 visa invitations, which is nearly double up from 466.

I would expect the occupations to broaden in each round. As we can see clearly, medical and health related occupations are still covering most invitations of the 189 visa. Other occupations have been invited are engineer professionals (Civil engineer, chemical engineer, electrical engineer...), trade occupations and Early Childhoood / Secondary Teacher.

It is very difficult and time consuming to get the relevant registrations and skills assessments for medical occupations.  So the number of EOI in the systems for those occupations are likely to have largely cleaned out.

The positive thing is that, the minimum point for most occupations (around 80-90%) are 65.

The focus on offshore is raising many concerns for overseas passport holders in Australia.

Should they go offshore to increase their chances of securing an invitation? 

My answer is NO.

The offshore focus, if it continues, could endanger the international education industry in Australia.  A strong factor in choosing to study in Australia is having a path to migrate. 

So the Australian Government should think carefully about the value of international students to Australia, including their contribution to filling job vacancies. There needs to be balance and including inviting more onshore applicants.

One more concern is about the visa 189 Australia does not have restriction on where visa holders have to live and work. This could bring skilled migrants to come to metro areas such as Melbourne, Sydney and Brisbane and the skills shortages in regional areas will be more severe.

After all, this is really a good news for skilled migrants onshore and offshore.

They now have more options to choose from and to plan ahead for Australian PR.

Especially for those who are still looking for options, we highly recommend watching video below for How To Get PR in Australia and the best 8 Courses to study for PR in Australia.

Subscribe to our YouTube channel for the latest updates on Australian Immigration.

Migration Allocations Up for Skilled Visa 189/491/190

In the last announcement on Federal Government budget for the Migration Australia, Prime Minister Anthony Albanese has poured a significant funds into the program.

An additional $576 million for over 4 years to the Department of Home Affairs for activities including visa processing, offshore processing costs and supporting refugees.

The allocations for skilled visas 189/491/190 have been changed from the 26 October 2022.

The skilled independent visa 189 allocations have been upped again. Last year they were 6,500, now they are 32,000.

Plus other state nominated visas are also up. Remarkable growth for regional visas which are now up to 34,000 places and State Nominated Visa 190 (PR) is risen to 31,000 allocations.

The total number of skilled visas available as part of the program increase significantly from 79,600 to 142,400 in this financial year 2023.

So this means those wanting to migrate, it is time to get your nominated occupation skills assessment and English result. 

Employer sponsored permanent visas are up from 22,000 to 35,000. Which also sounds great !

For all the allocation news, see our Breaking News video below

Business visa News

The interim allocation in August for the Business and Innovation and Investor visa 188 was just over eight hundred (800).

Now two months later, state and territories are closing their programs, having exhausted their state quotas for this specific stream.

Recently the new allocation levels of 5000 business visas to 30 June 2023 has been announced. However, with the current crisis in the business and investment visa program, this number can be filled quickly.

The future of business visas and particulary the Significant Investor Visa is still in doubt with the rumours aroud the minister's talk in September.

NSW skilled occupation list

The publication of the NSW skilled occupation list has provided some insight for applicants. 

For the 190 visa NSW, some occupations have low point scores, such as 65 for Registered Nurses and trades such as Roof Tilers.  

But other occupations are impossibly high and send the clear message, look for greener pastures.

For the 190 Visa in NSW for Accountants are 110 points, ICT Business and Sytems analyst  are 100 points

Having these scores published is helpful for those wanting to apply.

Parent Visas

Welcome news with the publication of updated allocation numbers from 26 October. 

The number of parent visas has gone from 4500 to 8500.  This will lead to a lowering of processing times for the parent visas. 

For example, the estimates for the Contributory Parent Visa 143 had gone out to over ten years, with a backlog of over 50,000. 

So this will be lower with more visa grants per year.

Student visa holders

Unrestricted work rights for international students who hold student visa subclass 500 will end on 30 June 2023. The restriction of 40 hours a fortnight will then apply.

This may be challenging for some international students to adjust to.  But overall, the pressure to work full time can also be detrimental to the ability to study.

This is a right decision for International students since their tuition fee is comparatively higher than the money they are able to earn. 

That will also affect their future and their capability to fill in high skills shortgages.

Working Holidary Visa

There has been a 30% incresase in the cap for working holiday visas. This will be welcoming for all those planning a backpacking and working holdiday in Australia.

With the high interest from young people around the world, this will still be filled quickly as soon as it opens for some Asian countries.

Please check carefully with our specialists to know more about the program opening round to be able to secure a working holiday visa.

Sensible reforms - Health examination waived for onshore applicants

A relaxation on the need for medicals has been announced for temporary visa applicants already in Australia. This will help reduce waiting times for medicals and save money for applicants and the government. But there are some categories, such as those working in medical settings, that will still need medicals.

More sensible reforms along these lines are welcome.

Global Talent Visa Australia Updates

The negative news is still going for Global Talent Visa.

The allocations had been cut from 8448 down to 5000 for the year ending 30 June 2022.

See our separate video to be posted soon, to consider the implications and future for the GTV. 

Migration Institute Australia National Conference

I have recently returned from the Migration Institute of Australia (MIA) National Conference, which was held in Hobart, Tasmania.
Opened by the Hon Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs.

Minister Giles set the tone for a renewed immigration program focussed on nation building and multiculturalism.

Paul Denman, Senior Director for the Immigration Program spoke about the practical considerations of clearing the visa backlog.

Brendan Coates presented the Grattan Institutes perspective on the best way to measure migrations perspective being through the income generated by migrants. 

Under such a model high paid migrants are to be favoured over filling skills shortages and business visas such the SIV visa.

Enda Stankard and Andrew Martin from MA Financial Group outlined the contributions made to Australia by the Significant Investor Visa (SIV).
At the Gala Dinner and Awards night the MIA celebtrated 35 Year leading the Australian migration industry.

Craig Foster gave an inspiring speech about his in successfully advocating Australian refugee Hakeem to be released from a Thai jail and to avoid extradition to Bahrain. His continuing to work includes #RacismNotWelcome and #PayUpFIFA

Congratulations to all the Award winners including Craig Foster for his Distinguished Service to Immigration in Australia. John Hourigan was awarded Life Membership in recognition of his many years of contributing to the MIA,.  

Thanks to the voluntary efforts of the Leadership of National president Julie Williams and Vice President Constantine Paxinos, to all MIA Board members and CEO Peter Vymys and all committed staff at the national office.

The world is short-staffed. And this is especially felt by the health sector.

Australia needs more health workers.

According to the report prepared by the International Centre on Nurse Migration, Sustain and Retain in 2022 and Beyond, prior to the COVID-19 pandemic, the global shortage of nurses was estimated at 5.9 million. This has been exacerbated by the pandemic.  And this skill shortage is across the health sector.

Australia has not been spared of the shortage of health workers and the Australian Commonwealth government and the different state governments had been implementing programs to attract overseas health workers to tackle staff shortages.

If you are a health worker and is interested to migrate you might be interested in the following support and programs offered by the different state governments.

*Note that all health professionals wishing to practice in Australia must hold Australian registration, have appropriate levels of education, skills, English language proficiency and experience and the appropriate visa to work in Australia.

Victoria

The Victorian government has announced that it will be providing relocation support for international and returning Australian health and mental health workers who have secured a job in a public health service.

This program is for health professionals who:

• are currently living overseas, which may include Australian citizens returning home or non-residents who meet Commonwealth visa requirements
• are international candidates whose occupation is on the Skilled Occupation list (SOL) and
• have secured a job with a Victorian health service between 1 April 2022 and 30 June 2023 and intend to work within the Victorian public health system for at least two years, and
• can access relevant Australian registration or accreditation for their profession
• are fully vaccinated (including travelling families) for COVID-19 by a Therapeutic Goods Administration approved or recognised vaccine.

The support is for international travel allowance to help with relocation costs:

• $10,000 for healthcare workers who secure a role in a public metropolitan health service
• $13,000 for healthcare workers who secure a role in a rural or regional health service

The money will be transferred to the employing health service.

South Australia

SA Health is looking for internationally trained health professionals to express their interest to work for them in South Australia.

They are looking for international applicants with transferable skills and qualifications for medical, nursing and midwifery, and allied and scientific health positions.

The guidelines for the online application can be found in the SA Health website. 

If you meet the eligibility criteria, SA Health will sponsor your visa and help you work through the visa process.

New South Wales

The New South Wales government announced that the state will have a $4.5B recruitment drive to increase its health workforce by more than 10,000 staff over the next 4 years.  This included giving a one-off ‘appreciation payments’ and raising the public sector wage cap.

Some regional NSW districts such as the Western NSW Local Health District are also recruiting overseas medical and nursing professionals who are registered or close to completing their AHPRA registration process and have an IELTS score of at least 7. They can offer incentives of up to $10,000 and can provide sponsorship for the visa.

Queensland

Queensland is looking for international applicants with transferable skills and qualifications in the following professions:

• Medical
• Nursing and midwifery
• Allied Health

And information for overseas application can be found in the Queensland Health website.

Tasmania

If you get a position with Tasmania's Department of Health, they may be able to provide vis sponsorship either permanent or temporary sponsorship.

They can also provide relocation support which may include:

• reimbursing your travel expenses (private motor vehicle use, rail fares, economy class airfares)
• contribution to transfer of furniture and personal effects
• temporary accommodation
• registration support
• immigration and visa support.

More information can be found in the Tasmania Department of Health website.

Northern Territory

The Norther Territory regularly have job opportunities throughout the territory for registered nurses, enrolled nurses and a variety of internationally trained Medical Officers or International Medical Graduates (IMGs).

For assistance with the application process, IMGs may contact:

For Top End Health Service (TEHS) job enquirers:

• specialist and registrar roles: This email address is being protected from spambots. You need JavaScript enabled to view it.
• interns and resident medical officers roles: This email address is being protected from spambots. You need JavaScript enabled to view it.
• emergency department registrar and specialist roles: This email address is being protected from spambots. You need JavaScript enabled to view it.

For Central Australia Health Service (CAHS) job enquirers: This email address is being protected from spambots. You need JavaScript enabled to view it.

More information can be found in the Northern Territory Government NT Health website.

Western Australia

Western Australia is also recruiting international health professionals and often advertise job vacancies on the WA Health Jobs Board

The WA government had previously offered relocation incentives and offered experienced health professional reimbursement for their relocation costs if they are appointed to a permanent or fixed term contract of 12 months or longer with WA Health on, or after, 1 July 2022 and up to 30 September 2022.

Australian Capital Territory (ACT)

The ACT government has a national campaign to recruit more nurses and midwives to the ACT.

The ACT Nurses and Midwifery Enterprise Agreement 2020-2022 contains the provisions for the reimbursement for relocation expenses, allowances, etc.

Reimbursement for relocation expenses can be provided to interstate or overseas employees.

The relevant pre-determined ceiling is as below:

Information as to what the ACT offers to nurses and midwives can be found in the ACT Health website.

Work Visa Lawyers has extensive experience in assisting international health workers apply for a visa in Australia.

Contact us if you need our assistance you can contact us at (+61) 08 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

You can also book an appointment online.

Our team of experience Immigration lawyers and Migration Agents will be happy to assist you.

Sources:

International Centre on Nurse Migration, Sustain and Retain in 2022 and Beyond,  chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.icn.ch/system/files/2022-01/Sustain%20and%20Retain%20in%202022%20and%20Beyond-%20The%20global%20nursing%20workforce%20and%20the%20COVID-19%20pandemic.pdf

Victoria Department of Health website, Support for international healthcare workers, https://www.health.vic.gov.au/jobs/migrating-to-victoria/support-for-international-healthcare-workers

The Guardian, “NSW to raise public service wage cap, pay health workers $3,000 ‘appreciation payments’ “ Tamsin Rose, 6 Jun 2022  - https://www.theguardian.com/australia-news/2022/jun/06/nsw-to-raise-public-service-wage-cap-pay-health-workers-3000-appreciation-payments

New South Wales Government, NSW Government lifts wages and recognises health workers, https://www.nsw.gov.au/media-releases/budget-2022-public-sector-wages#:~:text=The%20policy%20will%20apply%20to,of%20the%20COVID%2D19%20pandemic.

New South Wales Government Health, Western NSW Local Health District, https://wnswlhd.health.nsw.gov.au/join-us/diversity-inclusion/overseas-trained-professionals/

SA Health -  International applicant guidelines https://www.sahealth.sa.gov.au/wps/wcm/connect/public+content/sa+health+internet/careers/how+to+apply/international+applicant+guidelines

Queensland Health - https://www.health.qld.gov.au/employment/overseas

Tasmanian Department of Health -  https://www.health.tas.gov.au/

Northern Territory - https://health.nt.gov.au/ ]

Western Australia -  https://ww2.health.wa.gov.au/Careers/International-applicants

Get Permanent Residency as Registered Nurse in Australia

With the global pandemic Covid 19, the need for Nurses has been greater than ever before.

The whole world is facing a shortage of nurses and so is Australia.

Figures from the Migration Report of the Department of Home Affair show that Registered Nurses are among the top 3 occupations that have been granted Australian Permanent Residency.

In the first quarter of Migration program year 2022-2023, Registered Nurses are still one of the high demand skilled occupations in Australia, not to mention the highest demand for now.

There is no doubt, those Nursing courses in Australia are constantly running out of spots because of its popularity in easily getting Skilled Visa 190 or Skilled independent visa 189.

Want to know the best 10 courses for PR in Australia? Read here >>>

We are discussing here some information about what different types of nursing professions are available, how to get skill assessment and how to get Australian PR if you are a Nurse by profession.

Business & Investment Visa Australia 2022

Read our latest news in September 2022 for Australian Immigration here >>

Today we are going to talk about the recent news about business innovation and investment visa 188 in Australia.

There is not so much good news regarding the Business and Investment Visa in Australia recently from the minister's talk and the Business Visa Allocation announced in late August 2022.

There are comments that Investor Visa streams do not bring benefits to Australia or are being criticized by the Minister of Home Affairs, Ms Clare O'Neil and the Grattan Institute.

State criteria has become more difficult for the Business Innovation stream 188a visa with higher points score. This is due to the low allocation provided by the Department of Home Affair which makes it harder to nominate applicants for states and territories.

Though there is negative news, the business and investor visa program is still very beneficial to Australia on my perspective. There are a lot of values it brings that are mentioned in the video.

There are currently 4 streams opening:

• Business Innovation stream- Visa 188a Australia
• Investor Stream visa 188B
• Significant Investor stream Visa 188C with no English, age or business experience requirement
• Entrepreneur stream

Business Visa Allocations in 2022-23

In the last 2 months, there is so much positive news regarding the skilled migration program.

However, there are a few negative updates about the business visa program to be considered.

This year has seen very low allocations for business innovation and investment visas in all states.

There were around 7,000 allocations available in 2021.

This year only has 810 total allocations in this interim stage. This is an approximately 85% decrease.

There may be more allocations, but they might not be high based on current news and outcomes from the skills summit.

The highest number is 260 and 235 for NSW and QLD.

South Australia has also seen a significant drop in their places for BIIP at only 70 this program year.

State Criteria Business Innovation & Investment Visa – SA, QLD and NSW

As a result, States have published their business visa requirements with slightly higher criteria.

NSW and SA have published their business visa requirements with slightly higher criteria.

Business and Investor Visa NSW

Instead of 65 points for 188a and 188b visas, the requirement has now been raised to 85 in NSW.

There is no change for the Significant investor stream 188C in NSW.

Business Investor Visa South Australia

Move to SA has announced 70 allocations for Business Innovation and Investment Program

Regarding the criteria, 188B Investor Visa Australia and 188C Significant Investor Visa do not change much.

It becomes more difficult to get a 188A, the applicants need to apply for ITR and be invited to apply for nomination.

Other than that, applicants must:

- Score at least 80 points in the points test (including state nomination points). 

- Provide a business plan detailing the economic impact of your proposal to South Australia

A business plan will be given more weight in terms of nomination ranking factors.

It is also more difficult to get 888A Business Innovation Stream (PR Australia):

• Higher investment requirement, 300k instead of 200k, AND
• 2 full-time employees
• Director's loan is not considered as business asset by Move to SA.

It wants the 188A visa holders to spend the money in SA to show Benefits to the State!

Business and Investor Visa QLD

SIV news from the Minister’s talk

In the latest talk, Minister Clare O’Neil mentioned:

"I think most Australians would be pretty offended by the idea that we've got a visa category here where effectively you can buy your way into the country,"

"I don't see a lot of great benefits to the country currently." When she was asked by Andrew if the Golden Visa Australia might be abolished.

The minister has criticized the Significant investor visa to be bringing in older people who can cost the budget.

Investor Visa Australia - Comments from Grattan Institute

These comments reflect what has been published by the Grattan Institute, a private research body in which recommends public policy.

The Grattan Institute has put forward the view that business migrants pay less tax over the lifetime than skilled visa migrant workers.

The institution seems to be criticizing all 4 streams of the business and innovation program.

What is the future for Business and Investor Visas Australia?

There is a strong possibility that the Federal Government will totally cut the Significant Investor Visa stream of the 188 sometime in the future.

There is also an unanswered question that will also cut the investor visa.

This is also referred to as the 188B Visa Australia.

It requires a 2.5 million investment into the complying fund.

But the investor is difficult because it does have a prerequisite of investment experience and an age limit of 55.

We still need more time to see what is going to happen with the Significant investor stream and the investor stream.

In the meantime, it is still available and no ministerial guidelines about the abolishment of the program.

Chris's comment on current Business and Investor Visa news

I personally don’t agree with the analysis of the Minister nor the Grattan institute

The measure of individual tax payment does not reflect the true benefits of business and investment visas.

These include:

• Create capital for small businesses or venture capital funds
• Create more jobs for Australians
• Export Australian products especially 188a visa stream
• Create ties to increase international relations.
• Can promote regional property development, especially for 188A stream

What to do now?

With limited allocations, it is no doubt the business visa program will become more difficult

The quotas can be filled very quickly before this financial year ends.

There is also the possibility that some of the 188 visa streams will be cut.

So if you are interested in a business and investment visa in Australia, you should consider applying soon.

If you want a business visa in Australia, please book an appointment or use our Business Visa Compare tool.

With Business visa compare, you only need 5 minutes to answer some simple questions and get your best business visa options.

Australia is always the top desitnation for family to enjoy the quality of living standard, education and outdoor activities. Work Visa Lawyers has professional Immigration Lawyers and Agents to deal with your Visa matters. We also have trusted financial advisory partners who are eligible to manage your investment portfolio in Australia.

For a quick assessment of your best Australian Business Visa options, please visit our FREE assessment tool: Business Visa Compare

More about the Business Visa Australia Agents and Lawyers

Understanding the difficulties in choosing the best Australian Business Visa options, Business Visa 188 Agents and Lawyers team have worked together to create this tool to help experienced business owners or investors find their best Business and Investor Visa options in Australia.

Work Visa Lawyers has strong immigration knowledge and committed to keep updating our website and Business Innovation and Investment news in Australia.

Work Visa Lawyers ® is a migration firm founded by Lawyer Chris Johnston in 2011. Our team is focused on providing quality immigration services to our clients, wherever they are in the world. We speak English, Mandarin, Cantonese, Punjabi, Hindi, Tagalog (Filipino), Portuguese and Vietnamese.

We can help you with the Business Innovation and Investment (Provisional) visa (subclass 188) for the following four streams and Global Talent Visa:

• 188A visa - Business Innovation stream
• 188B visa - Investor stream
• 188C visa - Significant Investor stream SIV
• 188E visa - Entrepreneur stream
• 858 Visa – Global Talent Visa 

We are experts in Business and Investor Visas 188 and Global Talent Visa 858 in Australia. We help overseas business owners, investors to create a new life in Australia with their family much faster through those visa streams.

Learn more about our Business & Global Talent Visa Team >>

Sources: 

Skynews Interview with Minister Clare O'Neil about the Significant Investor Visa and Business Visa Australia

Grattan Institute Comments on the Business and Investor Visa Australia 

Want to know what the skills summit outcomes affect the future of Australian Migration settings - read this>>

This is for someone who does not know about the Global talent visa in Australia.

Basically, this is the fast-tracked permanent residency pathway for highly skilled and talented people in the world with significant achievement in Australia’s target sectors.

There are about 10 target sectors listed for the GTI program Australia.

There is no specific occupation required for being eligible for the Global Talent Visa program.

Within the scope of this writing, we only mention the latest update that we have received on the media or during our visa application process.

Updates on Offshore applicants as the highest priority for Global Talent Visa Program

In a bid to “fix” the immigration system and address the skill shortage, the Australian government announced that it will be making some changes in the processing the Global Talent Visa.

One change that was flagged by the Home Affairs Minister, Ms. Clare O’Neil in an interview with the Australian Financial Review is the Global Talent Visa program.

Minister O’Neil said that the only candidates that would be considered are those located offshore.

With the explanation that onshore applicants may be able to find other pathways for Australian PR.

The government would like to focus more on recruiting talent worldwide.

Last program year has seen a more than 70% of GTI visas were granted to ONSHORE applicants.

However, to date, there are still no legislative, regulatory, or policy changes nor new Ministerial Directions to this effect.

We have been advised that the Global Talent Visa EOIs continue to be processed in submission order.

According to the Global Talent Visa program officers: “Government is currently revising Ministerial directions to give priority to applicants for a permanent visa where the applicant is offshore, including within the Global Talent program. This will enable more workers to enter Australia more quickly, contribute to the labor market and ease labor shortages.”

This is appropriate because most Global talent visa applicants in Australia have secured their own stable jobs.

Granting those onshore workers will not help deal with the labor shortages the country is facing.

So, for now at least, pending any policy changes, EOIs from onshore applicants are still being accepted and processed.

Global Talent Visa priority assessment order

EOIs for the Global Talent visas are usually assessed in order of receipt but some EOIs receive priority assessment. these are:

1. Those that have the confirmed support of a Global Talent Officer
2. The EOIs from Hong Kong nationals and residents
3. Candidates of extremely high calibre including those who meet the high-income threshold.

Those EOIs that clearly do not meet the criteria for the Global Talent Visa may receive an early unsuccessful notification.

Global Talent Visa Current processing time

It is advised by the department that they are currently processing EOIs submitted in April 2021. 

With the current skills summit, the government has announced the budget to deal with the backlog.

In fact, our clients have received good turnaround time recently.

We expect that in the near future, the Global Talent Visa processing time will be decreased further.

Removal of EOI invitation expiry

One recent significant change in the Global Talent Visa program is the removal of the EOI invitation expiry.

Prior to this, EOI invitations are only valid for 12 months.

That means those who got the invitation to apply for the Global Talent Visa have 12 months to apply for the visa.

If you want to check your eligibility for the Global talent program, you can use our free Global Talent Assessment Tool

This article is updated regularly. Last updated: September 08, 2022

Overview Australia Immigration News September 2022

August and September 2022 saw big updates in the Skilled migration program in Australia.

Interim State Allocation has been announced with a significant increase in the number of permanent places.

South Australia was the last state to announce its skilled migration program be open.

With the higher number of allocations at around 50,000 total places, all states have announced a more positive skilled visa 491 and 190.

This brings big hope to many skilled migrants who are seeking Australian PR.

Following that, the jobs and skills summit held in Canberra on the 1,2 September 2022 has announced a lot of current Australian immigration initiatives.

There are some key points to be mentioned later in this blog regarding the summit outcomes.

There is still much more news to come in the future.

We believe this year’s migration program is very promising.

This article will discuss all the latest Australian Immigration updates in September and August 2022:

• State Allocation Confirmation from Australian Government for Program year 2022-2023
• State Nomination visa 491 and visa 190 Update
• Visa 189 Skilled independent invitation round
• Skills Summit Outcomes
• Agriculture Industry challenges
• Post Study work visa 485 Extension for Select degree (minimum 4 years duration)
• SA Skilled Migration Program update
• Business Visa Australia update on allocations and requirements

State Allocation 2022-2023 - Big Increase for Skilled Migration Program

The interim allocations for all states and territories have been released.

The total allocations have been up to about 50,000 this financial year.

There are massive allocations increases in permanent visa 190 with nearly doubling the places.

That shows a move to encourage permanent migration under the new labour government.

In more detail, NSW, Victoria, and WA see significant growth in both visa streams.

Other states have received more quotas than last year.

It is going to be a great year for skilled migrants who seek permanent residency in Australia

Skilled Migration Program Update - visa 190/491 updates in 2022

On the 25 of August, South Australia is the last state to announce the opening of their skilled visa 190/491 program.

There are many positive changes in all state nomination programs including:

• Much simpler nomination criteria in all states
• Fully opening for offshore application

In the scope of this video, we cannot demonstrate the criteria of each state.

However, you can always get access to it by the link above.

What you should do now?

Upon the opening of state nomination, all skilled workers should start to seek a suitable nomination.

First and foremost, please check your best occupation on each state’s skilled list.

Next, you should ensure that you have a valid SKILL ASSESSMENT and eligible English test result.

Calculating your EOI points and considering age points are also necessary.

So far there has been all positive news for international students and skilled migrants.

Hopefully, there will be more PR options in other streams like employer-sponsored.

Please subscribe to our channel for the latest updates.

SA Skilled Migration Program - SA visa 491 and 190 2022-23 program year     

At its last announcement, SA has opened its skilled visa 491 and 190 to over 500 occupations

In that, 97 new occupations have been added to SA’s high-priority visa list including some popular ones like:

• Finance manager/broker
• Accountant
• ICT occupations like Software engineer
• Hairdressers
• Community service workers
• Project administrator

SA is now rolling out a “magnet state” campaign that attracts young people in Australia to come.

Premier Peter Malinauskas says:” you can have a global career in South Australia, living, studying, and working alongside the world’s current and emerging leaders, coming together to achieve great things.”

Tasmania State Nomination - Tasmania Skilled Visa 491 and 190

The Tasmanian Skilled Migration State Nomination Program is expected to open to gold and green pass candidates by Monday 12 September 2022.

Please ensure that you meet the minimum requirements and have at least one gold or green priority attribute.

After that, you may be able to register your interest in the nomination.

NSW state nomination update - Skilled Occupation Lists - Visa 491 and 190 NSW 

NSW has published its skilled occupation list for visa 190 and visa 491.

There is new minimum point scores and years of work experience requirements for this program year for NSW visa 491 and NSW Visa 190.

Each unit group will have different minimum points and year of work experience required.

For example: Accountant needs 110 points and 3 years of work experience for 190 visa

Chefs will be required to meet 90 EOI points and at least 3 years work experience for 190 nomination. 

95 points are required for Chefs to get Visa 491 nomination in NSW

Great news for trades occupations, Teachers, and Social professionals like Social Work or community work.

NSW only requires those unit groups 65 or 70 points and no work experience for 190 or 491 nomination.

To check if you are eligible for NSW state nomination, book an appointment with us.

Book an Appointment

Visa 189 Skilled independent invitations

There are thousands of invitations that have been sent out to long-standing EOIs.

Up until this week, the EOI points requirement has been high.

The minimum points for 189 in the last 2 years are around 90-95.

But now it has dropped.

We have seen a chef with only 65 points getting the invitation.

Many occupations have received invitations of 189 visa including:

- Nursing or medical and health occupations

- Engineer professionals (civil Engineer, Mechanical Engineer, Structual Engineer, Electrical Engineer...)

- Chef

Many invitees have been caught out with expired English tests and skills assessments and are unable to take up the invitations.

Please ensure to check your document and take appropriate action to renew it.

If you hold a positive skill assessment in medium- and long-term skilled occupation and have good EOI points, you should give it a go

Or if you do not know where to start, book an appointment to talk to our Immigration Lawyer or Migration agents.

Book an Appointment

Jobs and Skills Summit outcomes

The skills summit has been wrapped up.

Overall, the jobs and skills summit focus on dealing with current labour shortages and economy issues. A bigger, better trained and more productive workforce are the goal to acquire. The aim is to deliver high paid jobs, boost incomes and living standards and create more opportunities for Australians.

However, within the scope of this writing, only migration aspect will be outlined.

There are many migrations focused on 4 immediate initiatives and longer-term focuses:

1)      Lifting migration cap with more focus on PERMANENT migrants

2)      Increasing the speed of visa processing

3)      Enabling graduates of Australian universities to work in Australia for longer 

4)      Extending the lifting of restrictions that allow temporary visa holders to work more hours

Lifting permanent migration number to nearly 200,000 for 2022-23 fiscal year and processing more visa backlogs

Australia is facing a severe skills shortage and a huge visa backlog.

The government believe by clearing the backlog and increasing permanent migration would heal the pain of skilled labor shortages

Immigration Minister Andrew Giles has recruited more than 500 new staff to clear the visa backlog sitting at around 900,000.

The government will spend $36.1 million to clear the backlog

Home Affairs Minister Clare O’Neil announced the skilled migration cap in 2022-23 would be lifted to 195,000 – up from 160,000

+ Including 9,000 places for regional Australia to 34,000

+ additional 4,700 for healthcare

+ additional 6,100 for infrastructure

+ additional 6,800 for technology workers.

+ additional 5,000 for business sponsorships.

For a longer term, a permanent migration is set to be executed.

What does it mean?

It means thousands more nurses and thousands more engineers settling in the country this year. Those medium and long term skilled occupation will receive a lot of benefits from the government.

Moreover, the new Labor Government will start to re-assess the occupation list.

Increase the duration of 485 visa for international graduates in Australia

Foreign students’ graduate visa 485 extension and relaxing work restrictions will be available to strengthen the workforce pipeline.

The Australian Government will increase the duration of post-study work visa 485 for international students

This will help strengthen the pipeline of skilled labor.

The extension only applies to select degrees in areas of verified skill shortages.

Eligible graduates will have their visa 485 increased from:

• Two years to four years for select Bachelor’s degrees
• Three years to five years for select master’s degrees
• Four years to six years for select PhDs.

A working group will be established to advise on the development of this and other relevant issues.

The group will report to Ministers by 28 October 2022.

At the moment, only 16 percent of international students stay on after their studies end. 

This will mean they can stay on longer and use their skills to contribute to the productivity of our economy.

The outcomes from the skills summit are geared towards supporting international education.

International education is an important Australian industry that has been heavily impacted by the pandemic.

Continued temporary relaxation of working hours for internation students holding 500 visa 

Regarding relaxing work restrictions, international students will still be able to work more than 40 hours per week until June 2023.

Moreover, international students will be able to work before the course commencement.

Until June 2023, no restrictions will be applied to international students about their working right.

Increase the Temporary Skilled Migration Income Threshold (TSMIT)

It is recommended by the parties to raise the TSMIT. This is one of the main factor for TSS 482 Visa program.

The minimum wage payable to temporary skilled workers currently at 53,900 will be lifted to 60,000 as wanted by business groups.

Unions want it to be 90,000 to avoid exploitation in low-paid jobs.

The aim of the change is to increase the living standard of those temporary visa holders whilst in Australia.

Agriculture Visa and Challenges in Agriculture sector in the near future

A new group of farmers, unions, and the Federal Government has been formed to tackle chronic workforce shortages in the agricultural sector.

Agriculture Minister Murray Watt announced the group on the sidelines of the summit

Senator Watt said the working group would meet monthly over the next year to discuss the sector's challenges

It has been estimated at 170,000 worker shortfalls.

This will make sure that farmers can get the workers that they need and to make sure that agriculture workers are protected and respected in their work.

In a new release from Department of Home Affairs, they confirmed that the PALM scheme will remain a key program for meeting agricultural workforce shortages. They are planning to boost permanent migration through new Pacific Engagement Visa to be introduced in July 2023

3000 Visas would be allocated annually, Applicants need to be aged between 18 and 45 years, having a job offer in Australia, and some English proficiency.

More information will be published later.

If you are working in Agriculture, consider another options if not eligible for PALM scheme. For more options, check this link

Business Visa Australia Allocation and Its Future

This year has seen very low allocations for business innovation and investment visa in all states.

NSW has published its business visa requirements with slightly higher criteria.

Instead of 65 points for 188a and 188b visa, the requirement has now been raised to 85 in NSW.

Not just NSW, other states have announced their business visa program with very low places.

Consequently, States will become more difficult in picking up suitable applications.

Compare Australian Business Visas

Global talent visa updates 2022 - EOI and Priority Processing Criteria

EOI Expiration

In recent notice from the Department of Home Affairs, they have announced there will no expiration date for the Global Talent Visa program Expression of Interest.

The current duration cap is 12 month.

The GTI officers are currently processing EOIs submitted in April 2021. However, for some cases, you might receive early invitation.

Work Visa Lawyers clients got their invitation in just 2 days with support of Global Talent officer.

In which order are EOIs considered?

Expressions of Interest are usually assessed in order of receipt, however the following may receive priority assessment:

• Confirmed support from a Global Talent Officer
• Hong Kong nationals and residents
• Candidates of extremely high calibre
• EOIs from candidates clearly outside program parameters may receive early notification.

Today’s article will talk about the latest Australian immigration updates in August 2022.

One of the most significant Immigration news is that everyone is looking forward to the allocation confirmation from the government.

Because that is when states and territories can open their skilled migration program. No one really knows when state sponsorship visa 491 or 190 is officially open? or Why was state nomination still not open officially?

JUST IN: 10/8/2022, ACT is the fist state to open their skilled migration program with its interim allocation. It is followed by Tasmania and Victoria to open their state nomination on 11/8/2022.

Read more here >>>

This video will not only talk about state nomination updates but also other important immigration news.

It is recommended to watch the video carefully or read our blog provided in the description.

Our Latest Australian Immigration Udates August 2022 will cover:

• Faster Visa Processing and the new government’s action on dealing with the Visa Backlog
• Global Talent Visa important announcement from Minister for Home Affairs
• State Nomination Update (Skilled Visa Regional 491 and Skill Nominated visa 190)
• Further Visa Support for Ukrainians
• Agriculture Visa and PALM Scheme - new Pacific Engagement Visa
• What can be expected to come?

Do you know Australia has more than just 1 employer sponsorship visa 482?

Have you heard of the skilled employer sponsored regional 494?

All those visas have permanent residency pathway options and a guaranteed market salary for you.

Today we are going to talk about the 2 most popular employer sponsored: visa subclass 482 (temporary skills shortage) and lesser known 494 Visa (Skilled employer sponsored regional).

An approved Standard Business Sponsor might be able to nominate skilled workers.

Normally there must be involvement from both employer and employee sides for the visa application.

In this blog, we only mention what applicants need to know about the difference between 482 visas and 494 visas.

482 visa – Temporary skills shortage (TSS)

The TSS visa, or 482 visa, is a temporary visa that permits the holder to

• Live in Australia with their immediate family members, children can go to school and secondary applicants over 18 years of age can work in Australia
• Working full-time for the sponsoring employer, in a nominated occupation that is listed on the Short Skilled List or Medium Long Term Skilled List.
• Transition to Permanent residency if their occupation is eligible – 186 Visa Transition stream

You are required to:

• Have a job offer
• At least two years’ experience in the position
• Genuine intention to work in the nominated position
• Qualifications that are relevant to the position
• Adequate arrangements for health insurance
• Meet health, character and English requirements

494  Visa – Skilled Employer Sponsored Regional (Provisional)

The 494 Visa Australia allows skilled workers to be sponsored by an Australian employer in a regional area for up to five years

494 Visa holders can:
• live and work in Australia for up to five years
• include immediate family on 494 visa
• transition to permanent residency (if eligible) via the 191 Regional Skilled Visa

494 Visa Requirements
To be eligible to apply for visa 494, applicants must

• be under 45 years
• have at least 3 years work experience
• have a valid skill assessment
• demonstrate competent English
• meet the health and character requirements

This table below will show you the comparison between the 2 visa eligibility criteria

NOMINATION REQUIREMENTS FOR 482 VISA AND 494 VISA 

Similarities

Start with some similarities between the 2 visa subclass

It is obvious that both the 482 and 494 require applicants to be nominated by their employer.

Also, they need to be nominated with an occupation that is in each of the visa occupation list.

There are some more similarities between the 482 visa and visa 494 in terms of:

• Labour Market Testing (This is to show there is no suitable Australian citizen/permanent resident who can fill the nominated position)

• The requirement to demonstrate the nominated salary is at least $53,900 (excluding superannuation)
• Meets the Australian Market Salary Rate (AMSR) i.e.,

This ensures that the worker receives the salary that would be paid to an equivalent Australian worker in the same position at the same location.

In general, those are all the basic requirements to protect international workers.

Let’s move on to the most interesting part

Advantages and disadvantages between Visa 482 and Visa 494

There are 3 significant differences between the 2 visa streams

The dependence and Independence on Employer for Australian PR application

The most significant difference between the 494 visas and the 482 visas is the PR requirement.

With the 494 visas, you don’t need an employer to nominate you for PR.

Provided that you have met other 191 PR requirements such as:

• Living and working in a designated regional area for 3 years
• Have earned 53,900 per annum for those 3 years

*Please note this income threshold can be adjusted periodically in line with the inflation rate or consumer price index

For 482 Visa medium-term holders, they must be sponsored for a transition stream of PR 186 Visa.

More details can be watched the video below about how to get PR with 482 Visa:

However, there is no minimum income requirement to apply PR for 482 Visa holders.

The flexibility of location of work for 482 visa holders

Another difference between these two visas is flexibility in the location of the work.

The 482 does not require the visa applicant to work in a particular area, meaning they can work anywhere in Australia.

However, it depends on the occupation that applicants are holding to determine if they are eligible for PR or not.

That is why the 482 visa is very popular for skilled migrants who are currently working in Melbourne, Sydney, or Brisbane because it is hard for them to get PR with Skilled nominated Visa 190.

As a result, international workers from metro areas are moving regional just for permanent residence options.

Read this article about the best state for Skilled Visa 491,190, 189 or Employer Sponsored Visa 482,494, 186

Because It is hard for them to get PR with Skilled nominated Visa 190 or even 189 independent visa during the last 2 years.

As the name would suggest, the 494 visa holders need to work in a regional area.

Any area except for Brisbane, Melbourne, and Sydney, is considered a regional area.

More occupations available for the 494 Occupation List than 482 Visa Occupation list

494 Visa occupation list includes many more occupations than the 482 visa

Moreover, 482 visa occupation list provides a PR path to only medium-term occupations

While that 494 list provides a PR path to all occupation included.

That means in terms of PR pathway only, 494 applicants will have a better chance.

There are always work needed from both sides for any employer sponsored visa in Australia.

- Employer Sponsored Visa nomination for employer

- Visa application for employee (main applicant)

As an employer trying to fill a skills shortage in your organisation, the requirements for sponsoring an overseas worker can feel overwhelming sometime. If you do not have a good team who is able to handle it, Work Visa Lawyers is here to help.

As skills shortages continue to get worse rather than better, I hope to set out some of the key steps in any employer sponsorship process to make the system easier to understand. Of course, this short blog could not include every possible requirement and is a starting point only.

We can summarise the “skeleton” of an employer sponsorship program as:

• Standard Business Sponsorship (if required)
• DAR endorsement (if required)
• Labour Agreement negotiation (exclusively for Labour Agreement Stream including DAMA)
• Nomination application (may require Labour Market Testing)
• Visa application stage

Before Diving In

The very first step before jumping in is determining which of the employer sponsorship streams is most appropriate for you and your business.

The most common visa options for employer sponsored visas include:

• Temporary Skills Shortage Visa 482 ( TSS 482 Visa) - This includes Designated Area Migration Agreements (DAMA)
• 186 Employer Nominated Scheme ( Permanent) Visa
• 494 Skilled Employer Sponsored Regional (Provisional) Visa

The main factors for business to decide are:

• The nature of the role you are trying to fill
• How long you need to fill it

If you have already conducted recruitment efforts at this point and located the worker you are looking to sponsor, their age, English language ability, qualifications or years of work experience can influence which programs you are limited to.

The DAMA program is specifically designed to allow sponsorship of workers in areas of key need where the worker may be older or have a lower level of English language ability than is permitted under the other programs.

Labour Market Testing (job ads)

Labour Market Testing is an important part of the Government's systems for “putting Australian workers first”. The requirements have grown more rigid of the last 4 years and have moved further away from modern business practices.

Often the Standard Business Sponsorship is described as the first step of “sponsoring a foreign worker”. However, as Labour Market Testing takes a minimum of 4 weeks to run properly, this is often the first thing you want to do to get your new staff member onboard as soon as possible.

Generally, 3 online ads are the best way to go, one of which being on JobActive. There are requirements to include the salary if the worker will be paid under a certain threshold.

Most DAMA programs currently allow for 2 job ads that have been run in the last 12 months before submitting the linked nomination application.

Labour Market Testing is not required where International Trade Obligations override the Government’s interest in putting Australian workers first.

It is important to note that the 186 visa program does not formally require Labour Market Testing, however, conducting job ads can be a good way to demonstrate that the position being nominated is genuine in the Direct Entry stream.

Standard Business Sponsorship

If you are using the medium-term stream or short-term stream of the 482 visa program, or the employer-sponsored stream of the 494 visa program, your first application to the Department of Home Affairs will be a Standard Business Sponsorship.

This is centred entirely on your business and requires demonstrating that you are lawfully operating a business (two requirements: lawful and operating). The Department will also consider any adverse information and determine whether your business’ track record is suitable for the employer sponsorship program (this can include records of breaches of laws, especially employment laws, insolvency, or untruthfulness).

Designated Area Representative (DAR) endorsement

For the DAMA program, you need the endorsement of the Designated Area Representative (who would have negotiated the DAMA for the area) before you can “negotiate” a Labour Agreement with the federal government.

Requirements for DAR endorsement are thoroughly unique to the local area and the occupation(s) being nominated.

Generally they will require you to demonstrate that you have a business in the local area, a need to use the program, and will also want to check almost all requirements for the business and visa applicant before endorsing.

Labour Agreement negotiation (DAMA and other labour agreements)

Once endorsed by the DAR if required, the business then applies to the federal government to enter into the desired labour agreement.

If successful, the Department of Home Affairs will send you a labour agreement to sign, which might include a range of different terms depending on the particular labour agreement program being used.

Nomination application

For the sponsoring business, the nomination application is the one constant through all programs. Whether you are using the 482, DAMA, 186, 494 or any other employer-sponsored program: no-one escapes the nomination.

While the Standard Business Sponsorship is not related to any particular roles in the business, and the DAR endorsement and labour agreements can set out multiple roles the business is seeking to fill with overseas labour, the nomination identifies one single position and one single person who will be filling that role.

If you have 5 nurses to fill workforce shortages, that means you will be doing 5 nomination applications – one for each of them.

Visa application

Once all above steps have been successful or at least sent to the Department, the worker can submit their visa application.

This is the main stage where the worker’s qualifications, work experience and English language ability, as well as heath and character, are assessed by the Department. If partner and/or children are included in the application, the Department will be checking that they also meet their own requirements.

Applicant skills and English requirements are set, among other reasons, to ensure that foreign workers are able to enter Australia and fill the required skills shortage quickly and effectively.

Once it’s all over (or is it?)

Once you have the visa, the endpoint of all this, it is time for the worker to travel to Australia to join your business.

Once on-staff, it is important that you comply with all the sponsorship obligations. You can read more about sponsorship obligations here. Obligations will vary to some extent between 482, 186, DAMA and 494, but are largely overlapping for the 482 and 494, as well as the DAMA route of accessing those.

Put simply, it’s important to follow through on the range of commitments made to the Government throughout the sponsorship processes discussed above, most obviously paying the worker at least the guaranteed amounts you had set out. The Department can undertake monitoring activities to ensure this is being done.

Sources/further reading:

• https://immi.homeaffairs.gov.au/visas/employing-and-sponsoring-someone/sponsoring-workers/learn-about-sponsoring/how-to-sponsor-a-worker
• https://www.workvisalawyers.com.au/services/employer-sponsored-visas/tss-482-visa/tss-482-sponsorship-obligations.html
• https://immi.homeaffairs.gov.au/visas/employing-and-sponsoring-someone/sponsoring-workers/nominating-a-position/labour-market-testing
• https://www.workvisalawyers.com.au/services/employer-sponsored-visas/tss-482-visa/tss-482-nomination-labour-market-testing-lmt.html

This article is updated regularly. Last updated: September 08, 2022

This article will outline all 491 visa and 190 visa nomination requirements in each state and terriotory in the new financial year 2022-2023.

Their Skilled Occupation List will also be covered in this article with a goal of giving all skilled migrants a comprehensive guide for Skilled Visa program in Australia 2022-23.

Currently, all states and territories are opening their skilled Visa 491 or Visa 190 program because they have received state nomination allocation from the Australian Government on for the 2022-23 program year.

More details of the allocation are illustrated below.