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From 7 December 2024, all occupations on the Core Skills Occupation List (CSOL) are now eligible to apply for the 186 Visa Direct Entry. This means that the Core Skills Occupation List has replaced the Medium and Long Term Occupation List, and all occupations on the CSOL can now apply for the 186 Visa Direct Entry.

Click here to check the Core Skills Occupation List.

The 186 visa is a permanent residency visa for skilled workers who are nominated by their employer, that means you must have an employer to sponsor you. There are three streams available under the 186 visa: the Temporary Residence Transition stream, the Direct Entry stream, and the Labour Agreement stream.

Each stream has different requirements, so let’s discuss each one and the main requirements: 

1) Temporary Residence Transition Stream

This stream allows skilled workers nominated by their employer to live and work in Australia permanently. It is available for Temporary Skill Shortage Visa (482) and Skills in Demand Visa (Subclass 482) holders who:

• Have worked for a sponsoring employer for at least 2 years in the same occupation on the 482 visa.
• Can meet competent English requirements.
• Are under 45 years of age when applying (some exceptions may apply).
• For most occupations, no skills assessment is required.

So, after working for two years on a 482 visa, you may be eligible to apply for permanent residency through the Temporary Residence Transition stream.

2) Direct Entry Stream

This is a permanent visa that allows you to stay in Australia indefinitely, meaning you become a permanent resident on the day the visa is granted. The 186 Direct Entry stream is available for applicants who:

• Are nominated by an Australian employer.
• Have an occupation on the Core Skills Occupation List (CSOL).
• Have at least 3 years of relevant work experience, unless exempt.
• Have a positive skills assessment, unless exempt.
• Have at least competent English.
• Are under 45 years old unless exemptions apply.

If your occupation is on the Core Skills Occupation List (CSOL) and an Australian employer wants to sponsor you, the 186 Direct Entry stream may be the best option for you, as it allows for quicker permanent residency without needing to apply for the 482 Visa first and then transitioning through the Temporary Residence Transition stream. The 186 Direct Entry is a direct path to permanent residency.

3) Labour Agreement Stream

This stream is only applicable if you are sponsored by an employer through a tailored and negotiated labour agreement. 

The age, skills, and English requirements will be stated in the labour agreement, so some requirements will depend on the specific agreement you are applying under.

For all three streams, you can include family members in your application when you apply or before your visa is granted.

Once your 186 visa is granted in one of the 3 streams, you can:

• Stay in Australia indefinitely.
• Work and study in Australia.
• Enrol in Medicare.
• Sponsor eligible relatives to come to Australia.
• Travel to and from Australia for 5 years.
• Apply for Australian citizenship, if eligible.

The Administrative Review Tribunal (ART) has officially replaced the Administrative Appeals Tribunal (AAT) as of October 14, 2024. This significant change aims to streamline the independent merits review process, making it more efficient and accessible for individuals navigating Australia’s migration system.

Transitioning Your Appeal

If you had a visa refusal and submitted your application for review with the AAT on or before October 13, 2024, there's no need for any action on your part. Your case will automatically transfer to the new Tribunal, and your appeal will continue at the ART until a decision is reached. Should the decision be unfavorable, you may have the option to appeal the ART’s decision in court through judicial review.

It’s crucial to note that applying for judicial review does not automatically extend your bridging visa. Therefore, ensure you lodge a bridging visa application before your current visa expires.

What If You Just Received a Visa Refusal?

Receiving a visa refusal can be disheartening, and it’s understandable to feel confused about your next steps. Depending on your circumstances, you may have the right to appeal the decision. Your visa refusal letter typically outlines whether you have merits review rights.

To appeal a decision by the Department of Home Affairs, visit the Administrative Review Tribunal (ART) website to submit your application. Be mindful of the time limits specified in your refusal letter, as delays can jeopardize your application’s validity. Timeliness is critical when appealing decisions.

Once you’ve lodged your appeal with the ART, you will generally receive a bridging visa, allowing you to remain in Australia while awaiting a decision.

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Do You Need Help Appealing an Australian Visa Refusal?

If you have had a Student Visa refusal, a Partner Visa refusal, a Training Visa refusal, or any other visa refusal and need assistance to appeal your visa refusal, please contact us.

You can book an appointment online or call us at (+61) 8 8351 9956.

Our team of experienced Immigration Lawyers and Migration Agents looks forward to assisting you with your visa application.

Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.

Sources:

https://www.art.gov.au/

https://www.homeaffairs.gov.au/

As we approach the end of 2024, significant changes are anticipated in Australia's immigration landscape. Among these changes is the potential replacement of the Global Talent Visa with the National Innovation Visa, as well as the introduction of the Skills in Demand Visa, which will feature pathways for Specialist Skills, Core Skills, and Essential Skills.

In this blog, we discuss the appeal changes, indicative allocations for education providers in 2025, updates on the 190 and 491 visas, the new Workplace Justice Visa, the Work and Holiday Visa for China, India, and Vietnam, and when the next 189 invitation round will be.

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Skills in Demand Visa and the Core Skills Consultation List

The opening of the Skills in Demand Visa, including the Specialist Skills, Core Skills, and Essential Skills pathways, is expected by the end of this year. 

There is a great deal of stress from those with occupations on the Confident Off list as part of the core skills consultation. 

This list includes various roles, such as farming and cattle management positions, Child Care Centre Manager, Customer Service Manager, Nutritionist, Microbiologist, Graphic Designer, Health Promotions Officer, Telecommunications Engineer, Disabilities Services Officer, and Refuge Worker. 

Occupations on the Confident Off list may not be available for employer sponsorship under the new Core Skills Visa.

Changes to the Visa Refusal Process

Starting on October 14, 2024, the Administrative Appeals Tribunal (AAT) will be replaced by the Administrative Review Tribunal (ART). This restructuring aims to modernize the administrative review process, making it more efficient and responsive to public needs. 

Recent reports indicate a significant rise in bridging visa numbers, with a jump from 191,235 to 323,583 as former students appeal visa cancellations or denials. 

Our team has seen an increase in requests for assistance with visa refusals, particularly related to student visas and cancellations.

2025 Indicative Allocations for Student Visas

The Australian Government has released the indicative allocation numbers for student visas in 2025. Major universities, especially in Melbourne and Sydney, have experienced decreased allocations, while some regional universities have seen increases. 

Understanding these numbers is crucial, as they provide insight into how difficult or easy it might be to secure enrolment with any particular university or educational institution.

Updates on 190 and 491 Visas

All states and territories are now open and actively inviting Expressions of Interest (EOIs). Recently, some of our clients received invitations for various occupations in South Australia, including:

• Mechanical Engineer: Invited with 75 points for the 190 visa

• Registered Nurse: Invited with 70 points for the 491 visa

• Pathology Collector: Invited with 75 points for the 491 visa

• Retail Pharmacist: Invited with 70 points for the 190 visa

If you require assistance with your EOI or Registration of Interest, feel free to contact us.

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Business Opportunities with the 491 Visa

Queensland and Tasmania have opened new pathways for small business owners. 

Applicants in Queensland may meet the requirements if they purchase an existing registered business outside of South East Queensland or operate their own business for a minimum of two years.

In Tasmania, applicants may meet the requirements if they have established and operated a business for at least 12 months.

462 Work and Holiday Visa for India, China, and Vietnam

The ballot system for people from India, China, and Vietnam regarding the Australian 462 Work and Holiday Visa is already open. This will allow individuals from these countries to register for the possibility of being randomly selected to apply for a first Work and Holiday visa. The registration will cost $25.

The 462 Work and Holiday Visa is designed for young people aged 18 to 30 years, allowing them to live and work in Australia for 1 year, with the possibility to extend for 1 or 2 more years.

New Workplace Justice Visa for People Being Exploited in Their Workplace

This new free visa was introduced to protect migrant workers who have experienced exploitation in their workplace. This visa allows these workers to remain and work in Australia for up to 12 months while their claims of exploitation are investigated. 

Check out the detailed page about the Workplace Justice Visa that we recently posted on our website.

When Will the Next 189 Round Be?

Historically, December has seen 189 visa rounds. There was a round on Monday, December 18, 2023, and Thursday, December 8, 2022. In 2021, there was no December round, but instead a Friday, January 21, 2022 round. It’s likely there will be a 189 invitation round this year. 

Those with occupations on the Medium and Long-term Strategic Skills List (MLTSSL) should ensure their skills assessments and English tests are ready.

Fast track to register as a doctor

Starting 21 October 2024, doctors from the UK, Ireland, and New Zealand will have their ability to practice in Australia fast-tracked. The new changes will allow international medical specialists to apply directly to the Medical Board of Australia and the Australian Health Practitioner Regulation Agency (AHPRA) for registration, rather than going through an individual assessment by a specialist college like the Royal Australian College of General Practitioners (RACGP).

This significant change will eliminate unnecessary regulatory barriers and enable international specialists from similar healthcare systems to work in Australia sooner.

Family violence provisions for Skilled visa applications

The Migration Amendment Family Violence Provisions for Skilled Visa Applications regulations allow secondary applicants in seven permanent Skilled visa subclasses to access family violence provisions. These subclasses include the 186 visa, 187 visa, 189 visa, 190 visa, 191 visa, Global Talent visa, and 887 visa.

This change means that secondary applicants can be granted visas even if their relationship with the primary applicant has ended, provided they, a family member, or a dependent child have experienced family violence from the primary applicant.

We believe that more changes will be announced by the end of the year. Follow us on Instagram, TikTok, Facebook and YouTube to stay up to date with all Australian immigration news.

Do you need help to apply for an Australian Visa?

If you need assistance with applying for an Australian visa, please contact us.

You can book an appointment online or call us at (+61) 8 8351 9956.

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your visa application.

Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.

Book an Appointment