Since the Department of Home Affairs released the new National Innovation Visa (NIV), replacing the Global Talent Visa in December 2024, we have been receiving many inquiries about this new visa.
The National Innovation Visa is a permanent residency visa designed for exceptionally talented individuals from around the world, including global researchers, entrepreneurs, innovative investors, athletes, and creatives.
We have a service page and a YouTube video explaining more about the National Innovation Visa and also offer a free assessment on our website, where our team can provide you with an evaluation of your eligibility.
In this blog we will discuss some of the main questions we are receiving about the National Innovation Visa.
Who is eligible to apply for the National Innovation Visa?
Applicants must demonstrate exceptional and outstanding achievements in one of the targeted sectors, such as critical technologies, education, health, energy, infrastructure and transport, or research or has exceptional and outstanding achievements in sports or the arts.
How is the process to apply for the National Innovation Visa?
High-talent individuals must submit an Expression of Interest (EOI) to the Department of Home Affairs and obtain a nomination from an Australian citizen, permanent resident, or organization. If the applicant receives an invitation, they can apply for the National Innovation Visa.
Is there an age limit for applicants to apply for the National Innovation Visa?
There is no age limit to apply for the National Innovation Visa. However, applicants under 18 or over 55 may need to demonstrate how their work will provide exceptional benefit to Australia.
Do I need a job offer to apply for the NIV?
A job offer is not necessarily required. The focus is on the applicant's achievements and potential contributions to Australia. However, having a job offer in Australia for a job that has a salary equal to or more than the Fair Work High Income Threshold will help.
Do I need a nominator?
Yes. You need a nominator to attest to your achievements and expertise. The nominator can be a state or territory government, an Australian company, or an Australian citizen or permanent resident who is also an expert in your field.
What are the visa costs for the National Innovation Visa?
The visa application fee for the main applicant of the National Innovation Visa in the 2024-2025 financial year is AUD 4,840. For dependents over 18 years old, the visa fee is AUD 2,425, and for dependents under 18 years old, the visa fee is AUD 1,210.
The fees increase every new financial year.
Additional costs, including translation for documents, police clearances, medical exams, and immigration lawyers or agents’ fees, may apply as extra expenses.
What are the English language requirements?
Applicants aged 18 years or older must demonstrate at least 'Functional' English, which is 4.5 in IELTS and 30 in PTE. If this requirement is not met, a second visa application charge applies.
Can I bring my family with me?
Yes, the visa allows applicants to include immediate family members, such as spouses and dependent children, in their application.
What is the processing time for the visa?
Processing times vary based on the complexity of the application and the applicant's specific circumstances. If it follows the same processing time as the Global Talent Visa, the visa will likely take between 6 to 12 months to receive a decision.
How can we assist you in applying for the National Innovation Visa?
Australian Federal Election and Immigration – Policy Preview for Major Parties and Independents
If the current Labor government wins, it is expected to continue with the following policies:
Maintain migration allocation levels similar to 2025, which is 185,000 visas for that year.
Continue with migration strategy reforms, which were announced in December 2023. This may include a review of the points-based system for GSM visas, including the 189, 190, and 491 visas.
Following consultation in 2024, release plans for regional visas.
No business or investor visas are planned to be available.
Recently, in Direction 114, the current government assigned the lowest processing priority to the Significant Investor Visa (SIV).
This demonstrates that the government is not interested in investor visas or even prioritizing the processing of SIV applications. This will be disappointing for those with applications still in the processing backlog.
If the Liberal Party and a potential coalition government win:
Liberal leader Peter Dutton has previously stated that he would cut the migration allocation to approximately 140,000 per year.
In contrast to Labor’s stance, Peter Dutton has expressed support for reintroducing the Significant Investor Visa (SIV).
This contrasts with the Albanese government, which abolished the Significant Investor Visa, closing it from 1 July 2024.
When the Skills in Demand 482 Visa was introduced, processing times were promised to be just 7 days.
However, that has not lasted. The Department of Home Affairs has now updated processing times:
50% of applications are processed in 30 days
90% of applications are processed in 47 days
Please remember that processing times refer to the time taken to reach a decision—not necessarily a positive one. Many businesses and applicants choose to work with migration professionals to maximize their chances.
One of the most common questions we receive is: How do I find a sponsor?
We have created a video and website page explaining the best ways to find a sponsor.
Pacific Engagement Visa Updates
The Pacific Engagement Visa aims to bring 3,000 workers per year from Pacific nations and Timor-Leste to Australia. However, it is currently facing major delays, leaving many hopeful applicants disappointed.
The program was launched last year and operates through a ballot (lottery) system for permanent residency.
Over 56,000 people applied, but less than 5% of available visas have been allocated after five months.
Many applicants who invested time and money are now frustrated with the lack of updates from the government.
Another major challenge is securing a job offer, as it is difficult to do so without already having a visa.
Over 50,000 registrations of interest have been received for just 3,800 available places in the 2024-2025 financial year.
This year’s program is more competitive than last year when SA received 12,000 registrations of interest.
Half of the allocation has already been filled.
Most invitations have been issued to onshore applicants.
Registrations are still being accepted, and invitations will be issued until June 2025.
English language skills and work experience are key selection criteria.
High priority occupations include construction, teaching, health, defence, space, and cybersecurity.
There is a high demand for applications from medical diagnostic radiographers, sonographers, podiatrists, floor finishers, glaziers, electricians, roof tilers, plumbers, ambulance officers, and cabinetmakers. If your occupation is one of those just mentioned, you may have a better chance to be invited.
If you have submitted an Expression of Interest but have not received an invitation, you may still have a chance—especially if you are in a high-priority sector, as half of the allocation is still available.
However, due to high competition, you may want to consider other visa pathways, such as employer sponsorship or a partner visa if you have an Australian Permanent Resident or Citizen partner.
Contact us:
We are one of the largest Australian immigration law firms, assisting thousands of individuals and businesses since 2011. You can book an appointment by clicking the button below.
In case you missed it, the internet is buzzing about the news and video of an American influencer who took a baby wombat from its mother.
What she (probably) initially thought was a good idea to get more views for her social media accounts may now be the reason for her to get deported out of Australia.
The now-deleted video showed Sam Jones snatching a joey wombat from its mother and carrying it to a car while a man can be heard laughing in the background while filming Ms Jones.
This video has now come to the attention of Australian Federal Government top officials including Prime Minister Anthony Albanese and the Home Affairs Minister Tony Burke.
Ms Jones who according to her social media describes herself as “wildlife biologist and environmental scientist” was in Australia reportedly on a Visitor Visa. We are not sure exactly what subclass of visa she had.
The incident prompted a backlash among the Australian public and now the Australian government is reviewing whether she breached the conditions of her visa.
It is now reported that while her visa is under review, Ms Jones has now left Australia.
Reasons for cancellation?
What are the reasons for the Home Affairs Minister to cancel her visa?
Breach of Visitor visa conditions
Visitor visa comes with certain conditions including work restrictions (condition 8101). Visitor visa holders can not work while in Australia. If by making the video with the aim of getting more views and earning money from it, Ms Jones may found to be “working” and may be found in breach of condition 8101.
General visa cancellation grounds
The Home Affairs Minister has broad visa cancellation powers including a non-delegable personal powers to cancel a visa on character grounds under s501of the Migration Act.
If Ms Jones is found to have breached wildlife protection laws or animal welfare laws, then she can potentially be found to breach the character requirement for Australian visa holders.
The Minister also has the power to cancel visas under s116 of the Migration Act, that is, if the Minister is satisfied that it is in the public interest to cancel the visa.
Some may remember what happened to a certain famous tennis player, Novak Djokovic, back in January 2022 where the Minister cancelled his visa invoking s116 on the ground that Djokovic’s presence in Australia is or may be, or would or might be, a risk to the health, safety or good order of the Australian community or a segment of the Australian community.
It is possible that the Minister may exercise this power again.
It can be argued by the Australian government that the action of Ms Jones, considering that she is an ‘influencer’ and may have a number of followers there is a possibility that she or her actions will encourage this kind of behaviour and will endanger Austrralian protected species and therefore there it is against the good order of Australian society.
Effect of cancellation when she already left Australia?
Would a cancellation even affect her Australian visa status now that she has voluntarily left Australia? Some would say that reviewing and subsequently cancelling Ms Jones’s visa will be useless.
If a visa is cancelled under s116 of the Act, the visa holder faces a 3-year ban pursuant to public interest criteria (PIC) 4013 and 4014 of the Migration Regulations 1994 from applying for a further Australian visa due to the cancellation under s116.
Home Affairs Minister Tony Burke is quoted as saying that "Either way, given the level of scrutiny that will happen if she ever applies for a visa again, I’ll be surprised if she even bothers.”
Which does not bode well for Ms Jones.
Broader Implications
Effect of the upcoming Australian Federal Elections
Just like in the case of Djokovic which happened during a federal election year (2022), this incident with Ms Jones also happened during a time when a federal election is scheduled to be held. Immigration is one of the key issues in the campaign and politicians want to be seen as being tough on immigration. They need to be seen as protecting the Australia and the Australian public.
Ms Jones can potentially be used as an example of how tough politicians can be on immigration. If visa holders do not want to be in this position, this is not the time to give the Australian government a reason to cancel your visa.
Implications of cancelling visitor visas
The video of the “influencer” may be distressing and considered by a lot of Australians as “appalling” but is her action enough to cancel her visa or ban her from Australia.
We have heard of Australian doing foolish acts while overseas, should other countries retaliate and cancel their visas too?
To apply for an Australian visa, your work experience can play a significant role. Both overseas and Australian employment can be considered, and the terms of employment do not usually matter, they can be casual, part-time or full-time, self-employed or as an employer.
Meeting work experience requirements for visas and skills assessments depend significantly on the facts and evidence of each person's particular case. Different periods of experience must be carefully examined to ensure the requirements can be met.
If you have overseas work experience, you can prove it using reference letters, payslips, bank statements, and other documents that confirm your occupation, duration of employment and salary.
If you are in Australia, your experience will count whether you work casually, part-time, full-time, or under an ABN or TFN.
Here are some visas that require relevant employment experience:
1. General Skilled Migration Visas (Subclass 189, 190, and 491)
These visas are for individuals with skills that are in demand in Australia.
Work experience requirement: Post-qualification, relevant work experience is often required for a skill assessment. The more experience you have, the more points you can claim in the points-based system.
How it counts: Only work that exceeds 20 hours per week can be counted. Full-time, part-time, casual, and self-employment can all count as long as the work is relevant to your nominated occupation.
Each state has different criteria regarding the required number of work hours and whether the applicant must be living in the state or not.
Besides work experience, you will need to meet additional requirements to submit an Expression of Interest (EOI) for the 189 visa, 190 visa, or 491 visa.
2. Skills in Demand Visa (Subclass 482)
The 482 visa allows employers to sponsor foreign workers for skilled roles.
Work experience requirement: At least one year of full-time experience in the nominated occupation.
Part-time or casual experience can also be counted and will be calculated pro rata. For example, if you work part-time (20 hours per week) for two years, it will be equivalent to one year of full-time experience.
ABN experience may also count if the applicant has sufficient documentation to support it.
How it counts: The work experience should show you have the necessary skills for the job you’re being sponsored for. The employer will need to verify your experience as part of the sponsorship application.
3. Employer Nomination Scheme Visa (Subclass 186) Direct Entry Stream
The 186 Direct Entry Visa is a visa for skilled workers nominated by an employer sponsor that leads directly to permanent residency.
Work experience requirement: You need at least 3 years full-time of relevant work experience. Generally, the experience needs to be post-qualification.
How it counts: Similar to the 482 visa, your experience needs to be in the nominated occupation and directly related to the role.
Part-time or casual experience might be considered, but it could be prorated depending on the hours worked.
ABN experience may also count if the applicant has sufficient documentation to support it.
4. Skilled Employer Sponsored Regional Visa (Subclass 494)
The 494 visa is for skilled workers nominated by their employer to work in regional areas in Australia.
Work experience requirement: You need at least 3 years full-time of relevant work experience. Generally, the experience needs to be post-qualification.
How it counts: The experience needs to be in the nominated occupation and directly related to the role.
Part-time or casual experience might be considered, but it could be prorated depending on the hours worked.
ABN experience may also count if the applicant has sufficient documentation to support it.
5. Training Visa (Subclass 407)
The Training Visa allows applicants to undertake structured workplace-based training in Australia to improve their skills or meet licensing/registration requirements.
You must have at least 12 months of relevant work experience in your occupation within the last 24 months before applying. The experience can also be studying.
The experience can be full-time or part-time, but it must be directly related to the training program you are applying for.
Volunteer work may be considered if it is structured, documented, and relevant to the training.
Foreign investors will soon be banned from purchasing established homes in Australia as part of the Albanese government's efforts to ease pressures in the housing market.
From 1 April 2025 to 31 March 2027, foreign buyers, including temporary visa holders and foreign-owned companies, will no longer be allowed to purchase existing homes, except in limited cases.
These limited exceptions will apply to investments that substantially boost housing supply or enhance housing availability, as well as those related to the Pacific Australia Labour Mobility (PALM) scheme.
The Albanese Government states the goal of the ban is to reduce competition in the housing market and increase homeownership opportunities for Australians.
The government will review the ban in 2027 to decide whether it should be extended.
How Will This Impact Temporary Residents?
Currently, temporary residents are allowed to buy one established home if they use it as their primary residence. Under the new rules, many long-term temporary visa holders, such as those on 491 visa or 494 visa, will now face major restrictions on property ownership.
This change may increase demand for rental properties, as temporary visa holders who previously would have purchased homes will now compete for rentals instead.
What Do These Changes Mean for Foreign Investors?
The new policies will make it more expensive and difficult for foreign investors to buy property in Australia, particularly established homes. However, investing in new developments that contribute to housing supply may still be possible under certain conditions.
The government states the two-year ban is designed to prioritise homeownership for Australians while ensuring that foreign investment benefits the housing market. With stricter regulations and higher fees, these changes are expected to impact property prices, rental markets, and investment trends.
However, this doesn’t mean all hope is lost—there are still several viable visa pathways available for skilled hospitality professionals.
In this blog, we’ll cover the best visa options for Cafe and Restaurant Managers in Australia, helping you navigate the complexities of the Australian immigration system.
Why Were Cafe and Restaurant Managers Removed from the CSOL List?
The removal of Cafe and Restaurant Managers from the CSOL list was a major policy shift that disrupted many migration plans.
As a result, new applications for the 482 visa and the Direct Entry 186 visa are no longer available for these occupations.
This change reflects the government's focus on addressing skills shortages in other sectors, particularly in response to Australia's housing crisis, where occupations like teachers, healthcare workers, and construction professionals are given priority for state nominations.
What Are the Best Visa Options for Cafe and Restaurant Managers?
You can still apply for state nomination through the 190 visa or 491 visa by submitting an Expression of Interest (EOI).
To qualify, you will need:
A positive skills assessment as a Cafe or Restaurant Manager
At least competent English proficiency
At least 65 points on the points test
However, state allocations for these visas are limited, and priority is currently given to occupations addressing Australia's housing and healthcare shortages.
Waiting for an invitation for restaurant managers may not be the most reliable strategy.
2. Skilled Employer Sponsored Regional (Provisional) 494 visa
If a cafe or restaurant is located in a regional area, you could be eligible for the 494 visa.
This provisional visa offers a pathway to permanent residency after three years.
To be eligible, you need:
At least three years of full-time work experience as a Cafe or Restaurant Manager
A positive skills assessment
At least competent English
Meeting the experience requirement can be challenging for some applicants.
3. Labour Agreements: Flexible Sponsorship Options
Labour agreements provide customised sponsorship opportunities for employers and offer concessions on visa requirements, including age, work experience, and English proficiency.
They can also provide pathways to permanent residency for applicants aged between 45 and 55.
There are three primary types of labour agreements suitable for Cafe and Restaurant Managers:
Businesses must have an annual revenue of at least $2 million, employ specialised staff such as chefs, waiters, and sommeliers, and provide table service.
Available in regional areas such as South Australia, Western Australia, and the Northern Territory. DAMAs offer concessions on age and English language requirements but are not available in Brisbane, Sydney, or Melbourne.
If you already hold a 482 visa as a Cafe or Restaurant Manager, you can still apply for permanent residency under the Temporary Residence Transition (TRT) 186 visa after two years of employment with your current sponsor.
You must be nominated by your current employer. If you want to change employers, your occupation must still be on the Core Skills Occupation List (CSOL) to transfer your 482 visa to a new employer.
If your occupation is no longer listed, you’ll need to apply for PR through your current employer.
What If Your Visa Options Are Limited?
Given the recent policy shifts and growing competition for state nominations, Cafe or Restaurant Managers may need to consider alternative pathways, such as employer-sponsored visas through labour agreements or the 494 visa, exploring other eligible occupations, or consulting with an immigration specialist for personalised advice.
Stay Updated with Australian Immigration Changes
At Work Visa Lawyers, we have been providing up-to-date immigration news and guidance for over ten years.
If you're unsure about your eligibility or need advice tailored to your situation, we recommend scheduling a consultation with our experienced migration lawyers. You can also follow us on our Instagram, TikTok, Facebook or YouTube for more information.
Contact us today for expert advice on the best migration pathway for your situation.
If you're a childcare worker, cook, or tradesperson looking to apply for a 482 visa or 186 visa in Australia, you may be facing a significant challenge: the minimum salary threshold (formally known as the Core Skills Income Threshold/CSIT or previously the TSMIT).
The current salary requirement for these employer-sponsored visas is proving to be a major barrier for many skilled workers and their employers.
In this blog, we’ll explore how the CSIT is too high for many industries, what alternatives are available, and how programs like the Designated Area Migration Agreement (DAMA) could offer some relief.
We recently received a comment from Bianca, in a video on our YouTube channel, that highlights the growing concern that:
“The salary threshold is way above the Childcare Work and Legal Award. No centre can pay that.”
While childcare workers now have good opportunities to apply for an employer-sponsored 482 visa or seek permanent residency (PR) through the 186 visa, they face one major obstacle: the minimum salary requirement of $73,150 per year (which will increase to $76,515 per year from 1July 2025).
How Child Care Industry Wages Compare to the 482 Visa Salary Requirement
Under the Children’s Services Award, the minimum salary for a Level 3.1 employees with an AQF Certificate III in Children's Services or equivalent qualifications is approximately $53,679.
This falls significantly short of the minimum salary requirement for the 482 visa, which makes it hard for most childcare centres to offer sponsorship to an employee. While some childcare providers pay above-award wages and might be able to meet this requirement, for most businesses, it remains an unrealistic expectation.
Other Occupations Facing Similar Challenges
The CSIT affects not only childcare workers but also other skilled trades, including cooks, motor mechanics, and entry-level tradespeople.
Many employers in these sectors struggle to meet the $73,150 salary threshold, even though the roles are essential for filling skill shortages across Australia.
DAMA: A Viable Solution for Lower Salary Occupations
Under the DAMA program, employers may receive salary concessions for sponsoring skilled workers under some occupations, including childcare workers.
Benefits of DAMA for Childcare Workers and Tradespeople:
Allows a lower salary threshold than the standard TSMIT or CSIT (usually up to 10% concession)
Offers age concessions (up to 55 years old)
Provides flexibility for English language requirements
Can lead to permanent residency after meeting eligibility criteria
However, applicants must still meet other requirements, including a valid skills assessment, relevant work experience, and an Australian employer willing to sponsor their visa.
How to Find an Employer Sponsor for the 482 Visa
Finding a sponsor can be one of the biggest challenges when applying for the 482 visa.
We have a blog guide with practical tips to help you secure a sponsorship, covering strategies such as networking within your industry, tailoring your resume for Australian employers, and focusing on opportunities in regional areas that qualify for DAMA agreements.
The Future of Employer-Sponsored Visas for Childcare Workers and Trades
With the rising demand for childcare workers and skilled tradespeople in Australia, particularly in regional areas, there’s hope that future policy changes will address the disconnect between salary thresholds and industry wages.
Stay Informed and Find Your Best Visa Pathway
At Work Visa Lawyers, we understand how difficult it can be to meet the current 482 visa salary requirements.
Our team is dedicated to helping skilled workers like you explore all available visa options and navigate complex immigration policies.
Contact us today to schedule a consultation with one of our experienced immigration lawyers.
February brings crucial updates and important discussions on Australian immigration. In this blog, we cover the latest visa changes and answer some of the main questions that we have been receiving.
A 491 visa for a Registered Nurse in South Australia
A 491 visa invitation with 70 points for a Swimming Instructor in South Australia
189 Visa Invitation Round: What to Expect
The federal government does not have a fixed schedule for 189 visa invitation rounds, but trends can be identified based on planning allocations and previous rounds.
Given that the planning level for the entire year ending June 30, 2025, is 16,900 places, there may not be another round or, at best, a small, targeted round focusing on construction trades and healthcare occupations.
Why Have There Been No 491 Family-Sponsored Visa Rounds?
The past three invitation rounds have issued zero invitations for the 491 Family-Sponsored visa.
While this visa is designed to allow skilled migrants to live with relatives in regional areas, the government has chosen not to allocate invitations.
Given the low number of invitations over the past two years, individuals interested in this pathway should explore alternative options, such as state-nominated 491 visas or employer-sponsored visas.
Applications can now be lodged a few days before completing the two-year requirement to avoid the need for a new 482 visa.
Additionally, time spent on bridging visas between two 482 visas can now count toward the two-year work requirement.
Federal Election and Migration Policy Changes
Some journalists predict that the federal election will take place on or before May 17. A change in government typically leads to policy shifts, including migration reforms.
As soon as the government announces the election date, we will provide updates on potential impacts on immigration policy.
This visa, often referred to as the "Golden Visa," has been controversial in the past.
Additionally, the newly announced National Innovation Visa (NIV) includes opportunities for experienced angel investors. Those with a proven history of investing in startups may be eligible for the direct-to-PR 858 visa.
State and Territory 190 and 491 Visa Updates
Queensland
Queensland has used approximately 50% of its state nomination allocations and is prioritizing onshore 491 visa applicants. The 491 visa Small Business Owner program still has places available, though competition is high with 16,000 registrations of interest.
The Northern Territory has suspended new EOI applications for both the 190 visa and 491 visa, having already received enough to fill their total allocation for 2024-25.
The program will reopen once allocations for 2025-26 are confirmed, with new EOIs only accepted from applicants facing visa expiry or age-related eligibility issues.
Australian Capital Territory (ACT)
The ACT held a skilled migration nomination invitation round on January 30, 2025, issuing 230 nominations for the 190 visa and 314 nominations for the 491 visa.
Why Are Some States Closing Their Nomination Programs?
State allocations this financial year have been limited, and some states have already filled most of their available places.
The volume of EOIs received far exceeds the number of invitations states can issue. While EOIs remain in the system, most will not be invited.
Those who have not received an invitation should consider other visa options, such as employer-sponsored pathways.
Employer-Sponsored Visa Updates and Salary Challenges
The new Core Skills Occupation List (CSOL) now includes Child Care Workers, allowing them to apply for the 482 visa or 186 visa.
However, meeting the minimum salary requirement of AUD 73,150 remains a significant challenge.
Under the Children's Services Award, the Level 3.1 minimum annual salary is approximately AUD 53,679, making it difficult for most childcare centres to offer sponsorship. While some centres pay above award rates and may be able to sponsor a 482 visa, the salary threshold remains a significant barrier.
Similar challenges exist for other entry-level trade occupations, such as cooks and motor mechanics.
DAMAs are regional labour agreements that provide flexibility in age, salary, and English language requirements for employer-sponsored visas, including the 482 visa, 494 visa and 186 visa.
These agreements allow concessions, such as increasing the age limit to 55 years and setting salary requirements at AUD 65,838 or above.
In South Australia and Western Australia, the entire state is covered by DAMA agreements.
Recent DAMA visa grants in South Australia have included occupations such as sommelier and horticulture grower.
The full case details are available for review here.
Current Visa Processing Times
Many applicants are concerned about visa processing delays. However, compared to our analysis in September 2024, current processing times remain relatively stable. Here are some key processing times as of February 2025:
Many temporary visa holders are facing the end of easy renewal options, particularly for COVID-19 408 visas, Working Holiday visas, Student visas, and 485 Graduate visas.
The best next steps depend on an individual’s situation and skills.
If you need assistance exploring visa options or finding a pathway to permanent residency, our experienced immigration agents and lawyers are here to guide you.
Since 2011, we have helped thousands of applicants and businesses achieve their Australian immigration goals.
The Skills in Demand 482 visa has become a vital pathway for skilled workers seeking employment in Australia. This visa requires a sponsoring employer to nominate the applicant for a specific role. We often have questions about "self-sponsorship". But is self-sponsorship for the 482 visa a viable option, or is it bound to face refusal? Let’s explore this question in detail.
Understanding Self-Sponsorship
Self-sponsorship refers to the scenario where an individual owns their own business and wants to use that entity to sponsor themselves for a 482 visa. This approach involves the usual steps of a 482 visa application process:
Sponsorship Approval: The business must apply to become an approved sponsor through the Department of Home Affairs.
Nomination of a Position: The business must nominate a position that aligns with the applicant’s skills and is on the relevant skilled occupation list.
Visa Application: The skilled person applies for their visa application, proving qualifications, work experience, English ability and in some cases skills assessment, as well as health and character requirements.
The Department of Home Affairs has specific requirements for businesses sponsoring 482 visa applicants, whether they are self-sponsored or not. These include:
Genuine Need for the Position: The business must demonstrate a genuine need for the role within its operations.
Market Salary Rates: The nominated position must meet Australian market salary rates to ensure compliance with fair work standards.
Labour Market Testing (LMT): In most cases, businesses are required to prove that they have advertised the role locally and were unable to find a suitable Australian candidate.
Financial Capability: The sponsoring business must have sufficient financial resources to support the employment of the visa holder.
Challenges of Self-Sponsorship
While self-sponsorship is theoretically possible under the current visa regulations, it faces significant challenges:
1. Proving Genuine Need
The Department of Home Affairs scrutinizes self-sponsorship applications closely. Proving a genuine need for the position can be difficult if the business is newly established or lacks substantial operations. For example, if the applicant is the sole proprietor and the only employee, the department may question the legitimacy of the role.
2. Labour Market Testing Compliance
Labour market testing requires advertising the role and proving that no suitable Australian candidate is available. This can be challenging in self-sponsorship cases, as it may appear that the role was tailored specifically for the applicant.
3. Financial Viability
Some people may establish a new business to try to sponsor themselves. A newly established business may struggle to provide evidence of financial stability, such as cash flow statements, tax returns, or contracts. Without these, it becomes challenging to demonstrate that the business can meet its sponsorship obligations.
4. Perception of Conflict of Interest
Self-sponsorship inherently involves a potential conflict of interest, as the applicant is both the sponsor and the beneficiary. This can raise concerns with the Department of Home Affairs about the integrity of the application and is the element that undermines genuine need and labour market testing requirements as above.
Successful Self-Sponsorship: Key Considerations
While challenging, self-sponsorship is not impossible. Applicants who are determined to pursue this pathway must consider the following:
Comprehensive Business Plan: Develop a robust business plan that outlines the operational structure, revenue model, and market opportunities. Highlight how the nominated position is essential for business success. Even for established businesses, a business plan or a letter to the same effect will help to explain to a case officer why the role is needed to be filled for the business to keep running.
Independent Validation: Engage third-party professionals, such as accountants or business consultants, to validate the business’s financial and operational viability. This creates a degree of separation so that all claims are not being made by the one person.
Transparency in Labour Market Testing: Conduct genuine labour market testing and maintain detailed records to demonstrate compliance. For self-sponsorship circumstances, it is even more important that full evidence (including a candidate matrix indicating who has applied and the rigorous recruitment processes including candidate review, interviewing and deliberation were conducted) is given to the Department.
Seek Expert Advice: Immigration lawyers or registered migration agents can provide valuable insights into meeting the stringent requirements of self-sponsorship in your specific circumstances.
This is the case of PROJECT 42 PTY LTD whose nomination for CEO/MD for the multimedia consulting company was refused by the Department of Home Affairs. The case highlighted that there is no rule precluding self-sponsorship, but that there are strict requirements that maintain the system’s integrity.
The business had six staff, including events manager, video editor, office manager, graphic designer and public relations and social media managers.
The position to be filled closely matched the nominated occupation.
As the Tribunal Member was convinced that the position was genuine and a genuine search for an Australian citizen or permanent resident who could have filled the role instead had been conducted, they approved the nomination.
In this Tribunal matter, Sarab Trading International Pty Ltd were not successful in sponsoring the manager, who was the owner, director and the only employee.
The ANZSCO occupation selected was 134999 Specialist Manager nec. The Tribunal Member did not find that this occupation was likely to be appropriate and was a highly specialised occupation that did not match well with the role or the business.
The business was an export business.
The business had only one employee, the person nominating himself.
The Tribunal found that the nominated position was not genuine.
It is important to note again that the Tribunal noted there was nothing preventing “self-sponsorship nominations” and so did not address it directly in this way, however in this case, the strict integrity requirements (namely the requirement to prove a “genuine position”) meant that this nomination was not successful.
What’s the difference?
What makes the difference is evidence that can demonstrate there is a genuine need for the role. In the successful story, that business was able to show more evidence that they have a genuine need to sponsor the person in that role.
Decision makers will consider all aspects of the position and of the business, to determine if it appears to be a genuine arrangement, or if the application has been contrived to secure a migration outcome for the nominated person.
The Verdict: Will It Work or Be Refused?
Self-sponsorship for the 482 visa is a high-risk pathway. We will generally counsel most persons to consider alternative visa pathways due to the very high risk that the applications are rejected. Success depends on meticulous planning, compliance with visa requirements, and the ability to present a convincing case to the Department of Home Affairs. While it is not explicitly prohibited, the additional scrutiny applied to such applications makes refusal a common outcome.
For those considering self-sponsorship, the key is preparation. Maintain transparency in compliance and seek professional guidance, both for the visa process and for external support such as with accounting and recruitment. With a good case, self-sponsorship can be done, but it is very risky.
How can Work Visa Lawyers help you?
Our team of registered migration agents and immigration lawyers can assist you with your 482 visa application or any other Australian visa application.
Since 2011, we have assisted thousands of applicants and businesses with Australian immigration matters.
Can I be sponsored anywhere in Australia, or does the new 482 Skills in Demand Visa require regional sponsorship?
Your role can be located anywhere, it does not necessarily have to be a regional area of Australia. Different to the TSS visa, there is no longer a regional occupation list and none of the occupations on the CSOL are required to be regional, though occupations like farmer are still more likely to be based in regional Australia.
Can any occupation on the Core Skills Occupation List apply for the 482 Skills in Demand Visa?
Yes, though some occupations have a caveat (essentially an additional condition or restriction that must be met).
How many years of experience do I need to apply for the 482 Skills in Demand Visa?
You need at least 1 year of relevant work experience within the last 5 years.
Does the one year of experience need to be in Australia, or can it be overseas?
Overseas work experience can count if it can be sufficiently proven.
Does the work experience need to be full-time, or can it also include part-time or casual work?
The good news is that the work experience can include part-time or casual work in the last 5 years, as long as the hours you have worked is equivalent to 1 year of full-time relevant work experience.
Do I need a skills assessment to apply for the 482 Skills in Demand Visa?
This depends on your occupation. For some occupations, a skills assessment is required for passport holders from certain countries, unless an exemption applies.
Will the Department of Home Affairs release a Specialist Skills List and a Labour Agreement List as well?
Café or Restaurant Manager has been removed from the list. Can café or restaurant managers be sponsored as Hotel or Motel Managers? If not, what are the visa options now?
We wouldn’t recommend doing so, as Café/Restaurant Managers and Hotel Managers are different occupations. Café or Restaurant Managers may still have General Skilled Migration options, or a pathway through the employer sponsored 494 visa for those working in regional areas of Australia.
Is there an age limit for applying for the new 482 Skills in Demand Visa?
Do I still need my employer to nominate me for the 186 PR after two years?
Yes, you will need your employer to nominate you for the 186 visa in the TRT stream.
Can I move to another employer and still apply for PR after holding a 482 Skills in Demand Visa for two years?
Yes, under recent changes from 7 December 2024, the time you spend working on the 482 Skills in Demand Visa can roll over, which means you can change employers and still count the time you worked for your previous employer on a 482 Skills in Demand Visa towards your 2 years of experience on a 482 visa that is required for the 186 TRT visa.
What visa options do I have if my occupation is not on the Core Skills Occupation List?
If your occupation is not on the Core Skills Occupation List, you can consider other General Skilled Migration visas such as the 189 visa, 190 visa and 491 visa which don’t require your occupation to be on the CSOL and instead looks at the Short Term, Medium to Long Term and Regional Occupation Lists.
Do I still need an employer to sponsor me to apply for the 186 Direct Entry visa?
Yes, you will still need an Australian employer to sponsor you to apply for the 186 visa in the Direct Entry Stream but this employer does not need to be the same employer as you had for a 482 visa, if you previously held a 482 visa.
Do I need skills assessment to apply for the 186 Direct Entry?
Yes, you will need to have a positive skills assessment in the relevant occupation to apply for a 186 Direct Entry visa.
How many years of experience do I need to apply for the 186 Direct Entry?
You will need to have at least 3 years of full-time work experience (or full time equivalent) to apply for the 186 Direct Entry visa.
Does the required three years of work experience include pre- or post-qualification experience? Can the experience be from both Australia and overseas?
For 186 Direct Entry stream, your work experience must be at the skill level. Generally, this means that it should have been completed after you obtained your relevant qualification. Your experience can be in Australia or overseas to meet the 3 years requirement for the 186 Direct Entry stream.
Does the 186 visa Direct Entry stream require a salary of at least $73,150?
Yes, the 186 nomination requires the nominated salary to be at least the Temporary Skilled Migration Income Threshold (TSMIT) which is currently $73,150.
What is the age requirement to apply for the 186 Direct Entry visa?
The age requirement for 186 Direct Entry stream visa is “under 45”. This means that people who are 45 years old or older may not be eligible. There are some very limited exemptions for New Zealanders and their partners, as well as some science workers and researchers.
Yes, it is possible to change employers while on the 482 visa. Since 1 July 2024, applicants are able to find other work after their employment ends. They can work up to 180 days with another employer. They will need their 482 nomination to be “transferred” to the new employer to work more than 180 days.
If I change employers, will I still be able to apply for PR after two years of holding a 482 visa?
With new changes from 7 December 2024, progress towards Temporary Residence Transition stream is “portable”. So, you can change employers without losing progress toward PR. However, employers may still require their employees to work 2 years for them prior to offering to sponsor their 186 visa.
Can I change employers if my occupation is not on the Core Skills Occupation List?
If your 482 visa was under the Medium- or Short-Term stream 482 visa and your occupation is no longer on the Core Skills Occupation List , it is no longer possible to have a new nomination approved to transfer you to a new employer. Since the 1 July 2024 changes to 482 visa conditions, it is still possible to work for another employer for up to 180 days if your employment ceases, however a new nomination may not be possible. This can cause problems later if you wish to apply for 186 visa in the Temporary Residence Transition stream, as your nominator for the 186 TRT must have been the most recent nominator for your 482 visa.
Do I still need my employer to nominate me for the 186 PR after two years?
Yes, the 186 visa requires an employer nomination. The employer will need to provide a range of business documents as part of the nomination and they will need to pay at least the Skilling Australians Fund levy of either $3,000 or $5,000.
I’m already on a 482 visa. Can I now apply for the 186 Direct Entry if my occupation is on the list?
Yes, holding a 482 visa does not prevent you from applying for 186 visa in the Direct Entry stream. You would still need to meet all the Direct Entry stream requirements, including skills assessment. Many 482 visa holders might choose to wait 2 years until they meet the Temporary Residence Transition stream requirement if they are close and do not have a skills assessment yet.
I’m on a 482 visa, but my occupation has been removed from the Core Skills Occupation List. Can I still apply for the 186 Transition Pathway after two years?
These were the main questions about the recent changes to employer-sponsored visas. If you have any more questions, feel free to leave them in the comments on our YouTube video and we’ll do our best to answer them.
