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Australian Parents Visa updates 2023

The Albanese government’s review of Australia’s migration system has recently been released, which has considered some possible options to reform the current parent visa system.

 

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Large backlog

Within parent visas, the two main types are Parent visas which have a lower cost, and Contributory Parent Visas, which require a contribution of $43,600.

Parent visa – processing time of approx. 40 years.

Contributory parent visa processing time of 15 years

 

Hi economic cost


The migration review suggest that each permanent Parent migrant is estimated to cost approximately $400,000, which includes access to Centrelink services Medicare services in aged care services.
Meaning of demand for permanent Parent visas would come and a very high cost.

 

Possible reform options:


Here are some of the reform options considered by the panel in the migration review final report.
Number one a lottery approach to prevent Visa backlogs.
A lottery approach would have the benefit of preventing further Visa backlogs, given the high waiting times already in the process.
The review recognises that Canada New Zealand are examples of clearing the backlog of applications by adopting a little lottery approach. Additionally, if the lottery approach is adopted in Australia, the responsibility of post arrival, support services may rest heavily with the sponsor child.
However, this is just one of the suggestions, and there is doubt as to whether a lottery approach will be adopted in Australia.

 

Option two improving temporary parent Visa parts.


The current sponsored parent temporary subclass 870 allows parents to visit and stay in Australia for up to 3 to 5 years is a maximum period in Australia 10 years. The 870 also includes a payment of $10,000 for the five year Visa,
The review raises concerns that the period of stay is too long for parents, which may lead to a situation where they are willing to depart Australia due to losing their home connections in their country of citizenship. The review suggests the period of stay should be made shorter.  The suggestion is parents can stay in Australia with a maximum of 12 months within any given 18 month period with multiple travel facilities.

 

Option three removing access to permanent migration.


Considering the factors of the high economic cost and detrimental demographic effects, the review suggests further come, potentially completely removing access to permanent migration parents.

Reflecting upon the options put forward, it all looks pretty grim.
The existing parent Visa system is definitely not working well, and the waiting times are getting ridiculous.
The parent lottery system seems to offer some benefits in terms of processing times, but may leave everyone feeling on edge and waiting for a result that may not happen.

Certainly making temporary visas, easier to get, and perhaps increasing the need for comprehensive insurance, maybe a way forward.

So, we’ll just have to wait and see what the path forward is from the Australian government.


So, this is an update on the suggestions from the migration review, final report Ending

 

 

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Seven Australian Visa options for people that are over the age of 45!

Are you over the age of 45 and considering migrating to Australia?

 

The Australian visa system offers several options specifically tailored for individuals in your age group. In this article, we will explore seven visa pathways that could open doors to work, live, or reunite with loved ones in Australia. From employer-sponsored visas with relaxed age restrictions to family-related pathways and investment opportunities, there are diverse options to suit your circumstances. Join us as we delve into the details of each visa, highlighting key requirements, concessions, and benefits. Please note that while this information provides a helpful overview, it is crucial to consult with an immigration lawyer or registered migration agent to obtain accurate and up-to-date advice based on your specific situation. Let's embark on this exploration of Australian visa options for individuals over the age of 45 and uncover the possibilities that await you.

 

Untitled Instagram Post Square Business card Landscape

Please check now the 7 Visa option below:

 

  1.  DAMA Visa.

The Designated Area Migration Agreement, or DAMA, is an employer-ponsored visa program that allows businesses in specific regional areas of Australia to sponsor skilled workers. Unlike other visa programs, the DAMA Visa has relaxed age restrictions, making it an attractive option for individuals over 45 but under 55. If you have can secure a relevant employer in designated regional area, this could be a viable pathway for you.

One of the notable concessions of the DAMA Visa is the relaxation of age restrictions. Unlike many other visa programs, the DAMA Visa can have an age concession for some occupations up until the age of 55.


In addition to age concessions, the DAMA Visa also offers salary concessions. The DAMA allows employers in designated areas to pay a salary that is below the Temporary Skilled Migration Income Threshold (TSMIT) which from 1 July 2023 will be $70,000. This means that employers can offer a slightly lower salary to sponsored individuals compared to other visa categories.

Another advantage of the DAMA Visa is the expanded list of skilled occupations available for sponsorship. The DAMA provides access to additional occupations that are not on the standard list of eligible skilled occupations for other visa programs.

These concessions and benefits make the DAMA Visa an attractive option for individuals over 45 who are looking to migrate to Australia and work in specific regional areas. If you have a job offer in a DAMA-designated area and meet the skill requirements, I highly recommend considering the DAMA Visa as a pathway for your migration.

This script provides an overview of the DAMA Visa and its concessions for individuals over 45. It is important to consult with an immigration lawyer or a registered migration agent to obtain accurate and up-to-date information based on your specific situation.

 

  1. Global Talent Visa.

The Global Talent Visa is designed for individuals who possess exceptional talent or have outstanding achievements in specific target sectors. The target sectors are mostly tech focussed and are listed on screen.

The standard requirements  for the GTV apply up until  the age of 55.

After the age of 55, you must be of exceptional benefit to the Australian community. If you have the skills and experience that Australia needs, the Global Talent Visa might be the right choice for you.

 

  1. 482 Visa.

The Temporary Skill Shortage Visa, commonly known as the 482 Visa, is an employer-sponsored visa that allows skilled workers to work in Australia for a temporary period. While there is no specific age restriction for this visa, it is important to note that sponsors need to demonstrate that they cannot find a suitable Australian worker for the position. If you have a sponsor and meet the skill requirements, the 482 Visa could be an option for you.

 But the 482 is only a temporary visa.  But in limited circumstances, it can lead to PR for those over 45.

 

  1. 186 Visa

The Employer Nomination Scheme or 186 visa can lead to PR for people over 45 in a limited number of circumstances.

There is an exemption for those earning a salary over the Fair Work High Income Threshold for three years straight.

There is an exemption for some occupations including Lecturers and scientists working for the government.

There is an exception for medical practitioners working in regional areas for at least two of the last three years.

 

  1.  Partner Visa.

The Partner Visa category allows individuals who are in a genuine and committed relationship with an Australian citizen or permanent resident to apply for a visa. Unlike other visa options, there is no age limit for the Partner Visa. If you are in a relationship with an Australian partner and can demonstrate the genuineness of your relationship, this pathway could be the right fit for you.

 

  1.  Parent Visa.

The Parent Visa category is available for individuals who have children who are Australian citizens or permanent residents. While there is no age limit for this visa, it is important to note that there can be significant processing times and financial requirements associated with this pathway. If you have children who are Australian citizens or permanent residents, the Parent Visa might be worth considering.

 

  1. Significant Investor Visa.

 

The Significant Investor Visa is a pathway for high-net-worth individuals who are willing to invest a substantial amount in Australia. To be eligible for this visa, you must have at least 5 million Australian dollars to invest in approved investments. Age is not a limiting factor for the Significant Investor Visa, making it an attractive option for individuals over 45 with significant financial resources.

 

Watch the video now:

 

Do you need help?

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

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

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

(08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

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New Zealand Direct to Australia Citizenship

There are big news in relation to New Zealanders

 

new zeland direct to australian citizenship

New Direct Pathway to Australian Citizenship for eligible New Zealand citizens.

From 1 July 2023, New Zealand citizens who are long-term residents of Australia will be able to apply for Australian citizenship without first having to obtain a permanent visa

New Zealand citizens in Australia will be able to apply for citizenship after four years of residence in Australia without having to obtain a permanent visa first.

This will be viewed favourably by many New Zealand Citizens.  

There may be some talent drain from NZ, plus migrating to NZ just got a whole lot more attractive!


When Will the Australian Citizenship Changes for NZ start?

From 1 July 2023.

Children of New Zealanders born in Australia – straight to Citizenship

From 1 July 2023, any child born in Australia on or after 1 July 2022 to an special category 444 holder - may at birth automatically acquire Australian citizenship.

Please note, the changes effectively backdate eligibility to 1 July 2022. 

Positives for Australia from Giving Access to Citizenship to NZ Citizens:

How will the changes to NZ eligibility to Australian Citizenship be effected?

The changes will be effected through the residence requirements for Citizenship by Conferral in the Australian Citizenship Act 2007.

To meet the general residence requirement an applicant must be lawfully present in Australia for four years, including 12 months as a permanent resident, immediately before the date of application.

From 1 July 2023, directy from the Home Affairs Website:

  • “All New Zealand citizens holding an SCV will be considered permanent residents for citizenship purposes.
  • New Zealand citizens granted an SCV before 1 July 2022 will have their period of permanent residence for citizenship purposes backdated to 1 July 2022.
  • New Zealand citizens granted an SCV for the first time on or after 1 July 2022 will be considered a permanent resident for citizenship purposes from the date of their SCV grant.”

Positives of NZ eligibility to Australian Citizenship for Australia:

The changes will provide a strong incentive for New Zealanders to consider moving to Australia.

Negatives for of NZ eligibility to Australian Citizenship for Australia:

There is no cap or control on how many NZ turn up on temporary work visas – the Special Category Visa 444. So this move could put pressure on:

-          Housing

-          Infrastructure

Australia’s rugby teams will improve!

Negatives of Australian Citizenship changes of 2023 for New Zealand?

New Zealand will face the challenge of a brain drain or loss of talent to Australia.

Living in South Australia, this is a challenge for where many young people choose to move to Melbourne and Sydney for employment or the bright lights.

Unfortuntately, NZ may experience the negatives of many of its young adults choosing to go to Australia.

Positives for New Zealand in Giving Access to Australia Citizenship:

New Zealand Citizens will be able to feel more confident about having a real future for themselves and their children in Australia. 

 

 

 

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TSMIT 2023 - Will my Salary go up? 491 to 191 visa for PR Salary? 482 to TT 186 visa Salary?

 TSMIT

There the announcement that the TSMIT, or Temporary Salary Minimum Income Threshold, will go up from 1 July 2023, from $53,900 to $70,000.
The TSMIT questions are going to start with the simple ones and get increasingly more complicated.

 

Watch the video below to have your questions answered:

 



Question 1:


I Holding a 482 visa granted in March 2022, with a salary of 55,000 and my Visa expires in March 2026. Will my salary go up to the new TSMIT of $70,000 from 1 July 2023?

A: Sorry to break the bad news, that for existing 482 holders your salary will not go up from 1 July 2023.



Question 2:


Do I have to lodge both my nomination and visa applications before 1 July 2023 if my salary is under $70,000?

A: No, the TSMIT is only a nomination requirement. As long as the nomination is lodged before 1 July 2023, the visa can be lodged after that.



Question 3:


Working holding the 482 visa since October 2020, my employer is planning to sponsor me for 186 temporary residence transition stream once I meet three years on the 482 in . I am a veterinary nurse* earning just above award $55,000, will the TSMIT apply to my new 186 TRT application?


A:  Your salary of $55,000 would not meet the nomination requirements for 186 TRT after 1 July 2023. Your employer would need to nominate a salary of at least $70,000. This may even extend to certain applications for 186 under the labour agreement stream.

A short-term occupation can access due to working 12 months between 1 February 2020 and 14 December 2021,
clause 8 of LIN 22/038 https://www.legislation.gov.au/Details/F2022L00340



Question 4


Will the income requirement for 491 visa holders, in terms of applying for a 191 visa, be subject to the TSMIT going up to $70,000?


A: The income requirement is to be provided by 191.222(3) which provide the Minister may, by legislative instrument, specify an amount. The Minister is yet to put a legislative instrument in place for the 191 visa. This means that there is a legislative vacuum or lack of details on what the salary amount might be. This lack of criteria could lead to any and many refusals being appealed to the AAT and courts and could ultimately cost the Australian government and taxpayers millions in cost. Not to mention all the lives put on hold and legal fees paid by those appealing. Let’s hope a legislative instrument is put in place soon. What is the saying - A stitch in time saves nine. If you would like to take some active steps to encourage the Department of Home Affairs to clarify the situation, then you could ask your local Federal Politician to contac the Minister of Immigration. 

 

Click here to acess the list of Federal Politicians

Work Visa Lawyers is doing what it can to encourage clarification on this issue. We have asked the peak professional membership body for migration professionals, the Migration Institute of Australia to raise the 191 salary issue. We have also directly emailed the Department of Home Affairs General Skilled Migration section to raise the 191 salary issue. Thanks for your questions. We will do further posts on the 191 visa requirements as soon as details become available. We do our best to bring all the latest updates and most relevant news for potential migrants.

 

We are also now on Tiktok for on the spot short updates

If you sign up to our email newsletter, this will provide even more detailed information on visas and migration, including links to blogs.

 

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7 Things You Need to Know About Australia’s 188C Significant Investor Visa (SIV)

7 Things You Need to Know About Australia’s 188C Significant Investor Visa (SIV)

Choosing to move to Australia is a very exciting decision – congratulations!  Now the question is, which visa is right for you?  If you are able to invest, the 188C visa otherwise known as the Significant Investor visa (SIV) may be right for you.  But what is it and how does it work?

 

CLICK HERE to know everything about the  Investor visa (SIV)

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Gold Coast skyline Unsplash

1.     Why Would I Want the 188C SIV Significant Investor Visa?

The 188 Subclass is a group of visas for people looking to invest in Australia.  There are a number of visa types in this subclass which vary in their conditions based on the value of the investment made.  Compared to other business visas, the 188C has the following advantages:

  • No upper age limit;
  • No English language requirement;
  • No points test;
  • Able to bring eligible dependants (spouse/partner, dependent children up to 23 years old);
  • No academic qualification requirement;
  • No business management skills or fund management experience requirements;
  • May be applied for from within Australia or outside Australia;
  • Ability to extend visa (up to 8 years in total);
  • Flexible residential requirement (you need only reside in Australia 40 days per year);
  • Pathway to permanent residency.

Of course, the biggest attraction factor for many is that the 188C SIV offers successful applicants a direct pathway to permanent residency in Australia.

Work Visa Lawyers can help with your application for a 188C SIV Significant Investor visa.

 

 

Question head

2.     Who Can Apply for SIV Australia?

The 188C SIV Significant Investor visa is open to applicants with high assets and a high income, who are willing to make a AUD 5 million investment in Australia.

Key Criteria:

The applicant and/or their spouse must:

1. Have net personal assets of AUD 5 million;

2. Be nominated by an Australian state or a territory or the Australian Trade and Investment Commission (Austrade);

3. Be willing and able to make an investment of AUD 5 million into a complying significant investment fund.

 

 

Couple on beach

3.     How Do I Become a Permanent Resident?

188C SIV Significant Investor visa holders are eligible to become permanent residents of Australia if they:

  • Hold the AUD 5 million complying investment for 4 years;
  • Either spend 160 days in Australia, or their spouse spends 720 days in Australia; and
  • Are nominated by an Australian state or a territory, or Austrade.

Permanent Residency does not happen automatically though – you must apply for it!  At Work Visa Lawyers, we can help with this aspect of the visa process too.

 

 

Australian money

4.     What Happens To the Money I Invest?

One of the most common questions we get asked about the 188C SIV Significant Investor visa is, “what happens to the money I invest?”  Once you have signed up, your money is invested into managed funds which the Australia Government identifies as being beneficial to Australia.  These are used to boost the national economy.

The investment is split into:

  • AUD 500,000 in venture capital and growth private equity funds which will invest in start-ups and small private companies;
  • AUD 1.5 million in approved managed funds which must invest in new companies listed on the Australian Stock Exchange; and
  • a ‘balancing investment’ of at least AUD 3 million in managed funds.

Distribution of Funds 188C

The money must remain invested for at least 4 years, although it may be transferred to another complying investment during this period.

You remain the legal owner of the money during and after the investment period and if your investment grows, that growth belongs to you too (subject to Australian tax law).  Once the minimum investment period is complete, your investment is returned to you and you may use it as you wish.

Shopping

Of course, as with any investment, there is a chance of financial loss.  You should always obtain advice from an experienced lawyer and an independent  financial advisor before making this kind of decision*.  Make an appointment with Work Visa Lawyers today to discuss whether this is the right visa for you.

*Work Visa Lawyers are not financial advisors and cannot provide you with financial advice – you should also speak with an independent financial advisor before making this decision.

 

 

5.     How Do I Apply For a 188C SIV Significant Investor visa?

If you meet the requirements in point 2, you can apply for a 188C SIV Significant Investor visa from anywhere in the world.  First, you will need to lodge an Expression of Interest (EOI) with either the state or territory in which you wish to reside, or with Austrade.  Work Visa Lawyers proudly recommends South Australia, but we can assist with your application to any state, territory or Austrade.  The state/territory or Austrade will assess your EOI and if you meet the criteria, they will nominate you for a Significant Investor 188C visa.  Once you are nominated, you will need to submit an application, complete with evidence that you meet the requirements.

To ensure your application is completed correctly and give you the best chance of success, you should engage an experienced immigration law firm like Work Visa Lawyers to draft and lodge your paperwork for you.

Applying from within Australia

If you are already in Australia and want to stay here while you wait for your 188C SIV Significant Investor visa application to be processed, you may need another visa for the duration, usually this will be a Bridging Visa.  There are 2 options depending on your situation.

-Bridging Visa A

Bridging Visa A (BVA) allows applicants to stay in Australia until a visa decision is reached. The BVA does not have a travel facility however, so should you wish to travel outside of Australia for any reason while waiting for your visa, you will need to apply for Bridging Visa B.

-Bridging Visa B

Bridging Visa B (BVB) allows applicants to leave and return to Australia whilst awaiting a decision on visa applications.  This visa is ideal if you have business or personal needs to attend to outside Australia, but wish to return.

Applying from Outside Australia

Applying from outside Australia is ok too!  Work Visa Lawyers has Immigration Lawyers and Registered Migration Agents available for consultation at a time that suits you via Zoom, over the telephone, or face to face in our Adelaide office.  Our staff speak many languages and we can arrange an interpreter if you would like one.

Zoom video conference call

 

 

6.     Who Is Applying For the 188C SIV Significant Investor visa?

Since the launch of SIV program in November 2012, the bulk of applications originated in the following 5 main countries and regions, primarily in Asia.  This is in part due to Australia’s geographical proximity to Asia, but Australia is also an ideal location for lifestyle, universities and healthcare, global business, and financial security.

Applications were from:

  • Mainland China, 84.8%
  • Hong Kong, 5.1%
  • Vietnam, 1.3%
  • Malaysia, 1.2%
  • South Africa, 1.1%

 Origins of SIV applications

 

 

7.     Changes Are Coming Soon!

This article is correct at the date of publication but changes are coming! In April 2023, the Minister Clare O'neil confirmed that the Business Innovation and Investment Program will not be abolished. However, a radical restructure is needed to attract highly skilled people who will create the future jobs for Australians.

 

 

Author:

Wendy

Wendy Guan, Registered Migration Agent at Work Visa Lawyers

 

 

Do you need help?

Staff

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

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

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

(08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

You can also subscribe our Facebook: WORK VISA lawyers


 

SOURCES:

https://www.homeaffairs.gov.au/research-and-statistics/statistics/visa-statistics/work/significant-investor-visa

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/business-innovation-and-investment-188

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How can those with Student Visas and Tourist Visas Meet the Genuine Temporary Entrant (GTE) Requirements & Avoid A GTE Visa Refusal Notice?

How can those with Student Visas and Tourist Visas Meet the Genuine Temporary Entrant (GTE) Requirements & Avoid A GTE Visa Refusal Notice?

The Genuine Temporary Entrant (GTE) is a requirement almost all migrants will have to pass in the process of immigrating to Australia. Failing the GTE requirement can result in a devastating visa refusal. Here is what you need to know about the GTE criteria so you don’t receive a visa refusal notification.


 

  1. What Is The GTE?
  2. How To Meet The GTE Criterion?
    1. What Factors Do The DoHA Look At? 
    2. Your Immigration History? 
    3. If You Are A Student
    4. Supporting Your Claims
  3. Does Every Visa Have The GTE Criterion? 

What Is The GTE?

GTE is short for Genuine Temporary Entrant. Based on the documents provided by the applicant, the Department of Home Affairs (DHA) will determine whether the applicant has a true purpose of temporary stay and the intention to stay in Australia for the time being. 

The key to meeting the Genuine Temporary Entrant requirement, is being able to demonstrate a range of strong incentives to leave Australia at the end of the temporary visa. 
 

The DHA will consider the applicant's background in their home country, the immigration history, the incentive to stay in Australia or return home. If you do receive a GTE visa refusal you may have the option to appeal and review the decision.

How to Meet GTE Criterion?

What Factors Do the DoHA Look At?

DoHA looks at factors which might make you wish to not return to your home country:

  • Political or civil unrest
  • Military service commitments
  • Your financial circumstances in your home country

The DoHA will also look at factors which would encourage you to return home such as, if you have a job back home, and have approved study leave. Another example would be if you have a business or personal assets in your home country, or close family members this may also be considered.

Your Immigration History

DoHA checks your immigration history as well:

  • If you have spent a long time in Australia, DoHA may consider that you are seeking to extend your stay in Australia and work here.
  • If you have had previous visa refusals/cancellations
  • Any previous issues with visa compliance - for example not completing studies on previous student visas, working in excess of work conditions, overstaying your visa

If You Are A Student

Some visas may require more information, take Student visa subclass 500 for example. You will have to provide all the mandatory information but you may also need to explain how the proposed course will assist you in your future career.

If you are requested to provide how the course will assist you, it would be very helpful to:

  • Relate the new course to what you have previously studied
  • Relate the new course to what you are currently doing in your work
  • Relate the new course to your career plan

In your explanation, try to answer the following questions:

  • Why you chose Australia to study instead of in your home country?
  • Why did you choose the courses?
  • What is the value of your course to your future?
  • What is your plan after graduation?

One of the more important categories DoHA will question you about is the value of the course to your future. DoHA will consider:

  • if the course is consistent with your current level of education
  • if the course is relevant to past or proposed future employment in your home country or a third country
  • expected salary and other benefits in your home country or a third country with your qualifications from the proposed course

When drafting your GTE statements, it is important that you pay very close attention to all the requirements if you fall under one or more of these categories:

  • Student visa applicants over 30 years old
  • Applicants who have not completed their studies and need to transfer to another school
  • Applicants who have applied for a degree lower than their highest academic level
  • People who have applied for a student visa in Australia many times
  • Applicants who are not related to the previous education situation

Supporting Your Claims

Evidence documents to support the facts you listed in your statement should be provided at the time of application as well.

For example, if the applicant mentions that his future goal is to return home and open a restaurant, he can explain it in his GTE and prepare a corresponding business plan for opening a restaurant. However, if an applicant only said in his GTE statement, “I applied because I like it very much.” Such claim is not convincing and will not meet the GTE requirements.

Below is a real example of a refusal that a client received before consulting with Work Visa Lawyers.

ATT Refusal Example

Please note that it is common for a case officer to call you and ask you questions about your reasons for study in Australia. You may not receive any notice of this, so it is very important that you are prepared to discuss your case.

 Does Every Visa Have the GTE Criterion?

In short, no, but the majority of visas do use GTE requirements. The GTE is important because it applies to all Visitor Visas and some of the Temporary Visas. To put this in perspective, the Australian Bureau of Statistics recorded 780,500 Visitor visa movements in September 2018. Keeping the same amount of movements per month, in a year there would be 9,366,000 Visitor Visa movements. This means that nearly 10 million people would have had to pass the GTE requirements.

Some of the most common Temporary Visas that have the GTE criterion are:

It is important to remember that the GTE is often not the only criteria you will have to meet. For example, the Short-term stream subclass 482 which replaced the popular subclass 457 recently, has many requirements including IELTS and other skills assessments.

It is also important to show a range of documents to demonstrate an incentive to return home.
These could include:
- Employment to return to in home country.
- Close family ties and responsibilities in the home country - for example, if you are married and your partner is staying in home country during the visit, this is a positive GTE factor.
- Ownership of property or businesses in home country

Do you need help with an Australian visa application?

Lawyers and Registered Migration Agents from Work Visa Lawyers have rich experience in drafting GTE statements. If you need any assistance, please feel free to contact our team.

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications, including state sponsorship applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

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

(08) 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

Sources

http://www.abs.gov.au/ausstats/[email protected]/mf/3401.0/

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-590/genuine-temporary-entrant

https://www.workvisalawyers.com.au/news/all/australian-visa-refusal-notification-options-for-the-appeal-review-process-tribunal-ministerial-review.html

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-500

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/visitor-600

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-work-400

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-activity-408

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/training-407

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/work-holiday-462

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/work-holiday-417

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-skill-shortage-482

https://www.workvisalawyers.com.au/news/all/top-10-facts-you-need-to-know-about-the-new-482-visa-1.html#Skills

https://www.workvisalawyers.com.au/news/all/ielts-now-offering-computer-delivered-english-tests-for-visa-applicants-in-australia.html

https://www.workvisalawyers.com.au/news/all/skills-assessments-occupation-lists-for-australian-tss-482-and-employer-sponsored-permanent-resident-visas.html

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Australian Immigration News June 23 - Skillselect Results, Accountant, SA Health $15k, TSMIT, Review

 

I've recently started a separate business called Australia Study Team which assist students with choosing their courses and enrolments and student visas.

Australian Study Team has a YouTube channel which you can subscribe too to get information about Australian education providers, student visas and settlement support.

Please watch the video below about the latest Australian immigration news for June 2023.

 

 

Skill Select Round Results.

The skill selects results for the round of the 25th of May 2023 are now available. Skilled independent Visas 189 7353 invitations. Skilled Regional Provisional Family sponsored 491 74 invitations.

This last invitation round for the migration year is very narrowly focused on occupations given priority and direction 100, which is health and teaching. Most occupations got invited at 65 points while this was a rather modest invitation round.

There's no need to be too disappointed because there'll be plenty of allocations available when the new migration program opens up from the 1st of July 2023.

 

TSMIT increase from the 1st of July 2023.

Many questions about the increase in the TSMIT were raised after the Immigration Department announced the rise from the 1st of July 2023. The TSMIT will increase from 53,900 to 70000.

New nomination applications from this date will need to meet the new requirement of 70,000 or the annual market salary, whichever is higher. This change will not affect existing visa holders and approved nominations lodged before the 1st of July 2023.

The new Aged care Industry Labor agreement will also not be affected.

The migration program levels were recently announced. The total is at 190,000 for the year.

This is a high level with most categories of visa being as high as they were or similar to last year, including the 189, the 190, the 491 and the employer sponsored visas.

See our separate video on the planning levels for 2024 and for specific comments on the global talent visa and the SIV visa.

 

SA Skilled and Business Migration Closure.

On Thursday the 8th of June 2023, at 4 p.m., the following programs will be closed. General skilled migration Direct applications for nine one, two and 190. And Business Innovation and Investment program. The one A Those South Australian programs will open up again sometime after the 1st of July 2023.

 

Parent Visas

The current system has led to an exceptionally high level of demand for places resulting in a backlog of visa applications.

Parent visa applications are facing waiting times of up to 30 to 50 years. Contributory parent visas are more like 15 years. The Migration Review Final Report proposed a lottery system.

A lottery approach has been considered as a potentially effective option for avoiding further backlogs and managing the huge demand for the permanent parent visa program.

The review recognizes that Canada and New Zealand have put forward lottery systems to help them manage their parent visa approach.

We are making a separate video on the parent visa situation. And please look at that video for further details.

 

Freedom of Information Result for the Occupation of accountants.

The number of skilled independent subclass 189 and state territory nominated 190 visas granted to general accountant and external auditor from the 1st of July 2022 to the 13th of February 2023.

So here are the grant numbers. The 189 skilled independent Visa Accountant General, 69 Grants External Auditor 23 grants, the 190 skilled nominated Accountant General 566 grants. External Auditor 56 grants.

So for all of those aspiring applicants in terms of accounting related occupations, the take home news that I get from this is that overwhelmingly your best chance of getting a skilled visa is through the state nominated 190 where there's over 600 visas being granted during that time compared to less than 92 for the 189 in the same period.

 

Changes to prevent migrant worker exploitation with new protections announced.

The Minister of Immigration, Citizenship and Multicultural Affairs, Andrew Giles, committed today to introducing three important protections for migrant workers.

Firstly, protection against visa cancellation, especially for those that may be suffering exploitation.

Secondly, flexible visa requirements for future sponsorship visas. This would involve extending the allowable time between employer sponsorships from the current 60 or 90 days to 180 days or half a year.

Thirdly, a short-term visa to bring claims for wages that are owed and hold exploitative employers to account that would recommend action is actually something which we put forward and I'm sure many other people put forward to the Migration Review.

Well, I think we called a vulnerable persons visa, but the idea is some people who have been exploited need the opportunity to apply for another visa to help them get out of that situation.

An additional 50 million will be provided to the Australian Border Force to help enforce the new laws. Government to attract health workers. In essay with financial incentives of up to $15,000. Hundreds of more professionals, including nurses, midwives, doctors and mental health professionals, have been encouraged to move to South Australia under the Government's new support system, which promotes competitive pay and career opportunities in South Australia.

As well as promising a great lifestyle.

Initially targeting workers from interstate and New Zealand as well as from the UK, the government campaign offers a better place to live and work in South Australia.

Successful applicants who sign contracts with SA health this year will be eligible for financial reimbursements of up to $15,000.

 

India and Australia announce a migration deal.

The announcement came after the Indian Prime Minister Narendra Modi met his counterpart, Anthony Albanese, in Sydney. The deal aimed to promote the two-way mobility of students, graduates, academic research and businesspeople. They also discussed regional security amid rising tensions in the region.

 

 

How can Work Visa Lawyers help?

Work Visa Lawyers is highly experienced in all parts of the visa application process. We are able to assist with all aspects of the application, and can also provide advice in relation to:

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Global Talent EOI, visa application or appeal.

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

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

 

This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent (like Work Visa Lawyers) to form an informed opinion on your immigration matter.

 

 

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Australia Visa Numbers 2024, 189, 491, SIV and GTV

he Australian Immigration Planning Levels have just been released.

This give everyone a clear guidance on the visas where there are opportunites in 2024.

 

 

 

 

Visa Stream

Visa Category

2022-23 Planning levels

2023-24 Planning levels

Skill

Employer Sponsored 186

35,000

36,825

 

Skilled Independent 189

32,100

30,375

 

Regional  491 and 494

34,000

32,300

 

State/Territory Nominated 190

31,000

30,400

 

Business Innovation & Investment 188 siv

5,000

1,900

 

Global Talent (Independent)

5,000

5,000

 

Distinguished Talent

300

300

 

Skill Total

142,400

137,100

So it really is the case of the same high level of opportunity than in 2023.

In the GSM space, points based 189 190 and 491, this means get ready with skills assessment and English and EOI done.

Because you need an EOI in it to win it.

Some things to consider – the mega round of 189 really cleared out the applcants and brought the points down.  With another 30,000 189s, then still plenty of offshore opportunity.

The Global talent and Distinguished talents the same.

The Business visas, with only 1900 spots may go fast,  Expect the states to get fussy.

With the planning levels set, then the action might start pretty fast after 1 July 2023

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Changes applied for employer sponsored in the new Migration Report

The Migration System Final Report for 2023 has put forth a series of recommendations that could potentially bring about noteworthy modifications to the employer-sponsored migration program in Australia, with potential ramifications for the Temporary Skill Shortage (TSS) visa program. Among the key proposals outlined in the report, several significant changes have been suggested.

 

This article highlights the main recommendations and their potential impact on the TSS visa program:

 

  • TSMIT up to $70,000: The report suggests increasing the Temporary Skilled Migration Income Threshold (TSMIT) up to $70,000. TSMIT is currently set at $53,900 and is the minimum salary that must be paid to skilled overseas workers under the TSS visa program. The government acknowledges it will exclude approximately 30% of the current users of the TSS program with this change, and a primary purpose for the change is to promote.
  • Possible removal of LMT requirements: The report proposes removing the requirement for employers to undertake labor market testing (LMT) before sponsoring a worker under the TSS visa program. LMT requires employers to advertise job vacancies locally before offering them to overseas workers.
  • Possible removal of occupation lists: The report suggests removing the occupation lists that currently restrict which occupations can be sponsored under the TSS visa program. This would give employers more freedom to sponsor workers in any occupation where there is a skills shortage.
  • Greater freedom of movement between employers: The report proposes giving sponsored workers greater freedom to move between employers. Currently, sponsored workers can only work for the sponsoring employer and there are barriers to changing employers, which makes certain workers more vulnerable to exploitation. It is unclear what parameters would be changed to make moving employers easier for applicants, and we will need to wait for more detail on this from the Government. Changes that make it too easy to change employers could lead to Australian businesses being out of pocket for going through lengthy and expensive sponsorship processes for workers who might not work long enough to justify the expenses.
  • SAF change to monthly payment instead of upfront: The report suggests changing the Skilling Australians Fund (SAF) payment structure to monthly payments instead of the current upfront payment. SAF is a levy that employers must pay when sponsoring a worker under the TSS visa program, which is used to fund training for Australian workers. This change would assist a common problem with the nomination process: the upfront cost is too high. It would also reduce the loss should an employee move on to a new employer in Australia or return home. However, regular payment could lead to greater business administration in ensuring the payments are delivered on time and more government work in assuring payments are being made. Some businesses may still choose to pay upfront if the option remains.
  • If these proposals are implemented, they could significantly impact the TSS visa program and employer-sponsored migration in Australia. The proposed changes could make it easier for employers to sponsor workers, increase flexibility for sponsored workers, and help to address skills shortages in the Australian labour market. However, it is important to note that these proposals are not yet final and will need to be considered by the government before any changes are made.

 

In conclusion, the Migration System Final Report for 2023 has proposed several changes to the employer-sponsored migration program, including the Temporary Skill Shortage (TSS) visa program. These proposals aim to increase flexibility for employers and sponsored workers, simplify the visa application process, and better address skills shortages in the Australian labour market. However, it is important to note that these proposals are still subject to government consideration and may be subject to change. If implemented, the proposed changes could significantly impact the Australian migration system and the Australian economy essential for businesses and individuals who rely on the employer-sponsored migration program to stay up to date with any changes that may be implemented in the future. For now, many of these changes are broad concepts and it may be some time before the Department announces further detail on how such changes might work.

 

If you are looking to apply for an employer-sponsored visa or sponsor a worker for a visa, you can book a consultation to discuss your visa options. We are experienced in all types of Employers Sponsored visas.

 

Our areas of expertise also include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas, and the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

 

How can Work Visa Lawyers help?

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

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

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

 

This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent (like Work Visa Lawyers) to form an informed opinion on your immigration matter.

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Global Talent Visa News – Australian Migration Review

 

Global Visa Talent

 

Since the Federal Labor government came into power in May 2022, there had been a number of concerns raised in relation to the future of the Global Talent Visa (subclass 858). However, based on the recently released Review of the Migration System and the speech of the Minister for Home Affairs, the Hon Claire O’ Neil MP, it seems that the Global Talent Visa still has a place in Australia’s migration system and the this visa still has a bright future.

The concerns about the future of the Global Talent Visa came about when the Australian government significantly decreased the allocations for this visa from 15,000 places to just 5,000 places. The visa also got de-prioritised and the Global Talent Attraction Officers’ roles had been changed which resulted to the significant slowing down of the processing of the Global Talent visa Expressions of Interest (EOIs) and of the visa applications. Before this visa got de-prioritised, some EOIs was being processed in about 2 days to about 1 month and the visa granted within a month (or less) depending on the health and character checks.  It now takes 4-6 months for prioritized EOIs to get a response and about 7 months for Global Talent Visa applications to be decided.

Some even feared that the Global Talent visa will be abolished because of the perceived government attitude towards the Global Talent Visa and their preference for employer sponsored visas, independent skilled and regional visas.

However, based on the report and the Minister’s speech, the Global Talent Visa will still be a good option for those high-performing, specialized highly skilled, highly paid professionals who have the skills, talents and innovative spirit that Australia wants and needs to create jobs, help the economy, raise Australia’s technical and academic standards, and its competitiveness in the global market and contribute to Australia’s growth.

 

 

Get to know more:

 

How can Work Visa Lawyers help?

If you are interested in the Global Talent Visa or needs help with this visa, Work Visa Lawyers can assist you.

Work Visa Lawyers is highly experienced in all parts of the Global Talent visa application process. We are able to assist with all aspects of the application, and can also provide advice in relation to:

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

Work Visa Lawyers will provide an eligibility assessment before advising you to proceed with a visa application.

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Global Talent EOI, visa application or appeal.

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

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

 

This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent (like Work Visa Lawyers) to form an informed opinion on your immigration matter.

How can Work Visa Lawyers help?
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