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The Australian Permanent Residency Visa Pathways for US Citizens

The Australian Permanent Residency Visa Pathways for US Citizens

Many Americans fight hard for their Permanent Residency in The State and a green card. As a result, they are pondering their options.

While Canada is a geographically closer option, Australia offers a practical and attractive option for US citizens looking to move abroad temporarily or permanently.

Australia has a lot of types of visas to offer for Americans who are interested in getting an Australia permanent residency or citizenship.

In this article, we explain all possible Australian visa options available to US citizens.

1) The Subclass 462 Work and Holiday Visa

The Work and Holiday visa 462 suits young Americans aged 18 to 30. There is an ongoing review to increase the age limit to 35 years of age, but that is not in effect as yet. Other requirements for the visa are:

- You must have a Senior Secondary Certificate of Education or equivalent.

- Have approximately AUD 5000 available as travel funds

- Hold travel health insurance

- Be healthy and have no criminal records

The visa is valid for 1 year and an extension for additional 2 years is possible if you have met specific work requirements, usually in specified high-needs industries in the regional areas of Australia.

While this visa is temporary for a minimum of 1 year and a maximum of 3 years, you may be eligible to apply for other visas for further stay in Australia after that.

If you have skills or qualifications in America, you may be eligible for more visas mentioned below. Otherwise, you can start with a student visa to start your way to Australian Permanent Residency.

Overall, This working holiday 462 visa is a fabulous opportunity for young Americans to visit and work in Australia to see if they like what Australia offers.

2) Skilled Migration visas: Visa 189 Skilled Independent, Skilled Nominated Visa 190, Skilled Regional Visa 491

Post-Pandemic Covid-19, Australia needs skilled professional and technical workers. US citizens are in the right mold because of the following factors:

- Excellent English abilities

- Accredited and easily verifiable education qualifications and work references

- Easier transition to an English and Western work environment and process

The upper age limit for these skilled visas is 45 years and below. You are likely someone who has completed a tertiary qualification and has worked a few years or more.

These skilled visas are a pathway to Australian permanent residency, allowing you and your family to live in Australia for as long as you want.

Especially the skilled independent visa 189, the Australian Department of Home Affairs is doing its best effort to attract skilled people worldwide post-pandemic hit. 

Recently, they have invited more than 10,000 skilled migrants to apply for this visa 189 - direct Permanent Residency of Australia.

Skilled nominated visa 190 is also an Australian PR with a direct grant, however, it could be more selective to some popular states like Victoria or NSW as this visa is state based visa with different requirements for each state. 

The last but not least option is the 5-year skilled regional visa 491.

Australia is facing a severe skills shortage, particularly in regional areas which are South Australia, Tasmania, Western Australia, Northern Territory, or even Regional Areas of metro states like Queensland, Victoria or NSW.

With this 491 Visa, you may live and work in the regional area of Australia and has a pathway to Visa 191 Permanent Residency once certain requirements (The primary one is the income threshold of 53,900 per annum) are met.

As a permanent resident of Australia, you will be eligible for social benefits including cheaper education, universal healthcare (Medicare), welfare (criteria apply) and more.

Watch this video below to understand more about Regional and Metropolitans and what incentives you might get for living and working or studying in Regional areas of Australia.

Contact Work Visa Lawyers today to find out if you are eligible for the skilled visas mentioned.

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3) Employer Sponsored Visas – TSS 482 visa, PR 186 visa and RSMS subclass 187 visa

Do you work for a large multinational corporation in the United States? Does the company have an overseas office in Australia? If they do, you may look for an overseas transfer by being sponsored by the Australian office of your current employer

While this would involve the endorsement and approval from your employer, this also means that you arrive in Australia with a job in hand.

Not just being employed by a multinational corp, if you are being offered a job in Australia, you may be eligible to ask for sponsorship. Most genuine businesses in Australia can nominate foreign skilled workers.

This is reflected in the new Ministerial Direction 100 about Skilled Visa Priority Processing.

It states that Skilled Visa program and Employer sponsorship program will be prioritized and offshore skilled migrants will be favoured.

Amongst all employer-sponsored visa, TSS 482 Visa is the most popular one with pathway to Permanent Residency of Australia for certain occupations which are listed in medium and Long Term Strategic Skilled List (MLTSSL).

Watch this video to learn more how a 482 Visa can help you get PR in Australia

The team at Work Visa Lawyers can provide dedicated visa services to the individual and professional corporate services to the sponsoring company. We ensure the best interests of both the employee and employer are catered to when applying for employer-sponsored visas.

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4) Global Talent Visa Program

This is a fast-tracked Permanent residency visa, Global Talent Visa Australia is the most popular one during pandemic for Offshore Skilled Migrants. Work Visa Lawyers has done a lot of cases for American highly skilled persons who got Permanent Residency and moved to Australia during Covid-19.

The Global Talent visa application process is simpler, faster and more affordable than many other Australian visas, so naturally, this makes it very popular. No age limit or points is testing and it grants immediate Permanent Residency

In General, visa applicants are required to meet the following 4 core requirements to be able to apply for a Global Talent visa: 

  1. Skills in a relevant field - There are 10 targeted sectors in Global Talent Visa to fit your skills in 
  2. Internationally recognized for outstanding achievement in your field - You may use your career history or publications. GTI 858 Visa (Global talent Visa) is quite popular for PhD graduates.
  3. Salary Income Threshold -  Your annual salary income with currency exchange must meet the high income threshold of AUD$162,000 or you need to prove that you have secured a job offer with higher income than the threshold.
  4. Nomination -  You need to have a prominent nominator in your field of expertise.

Global Talent Visa Australia

5) Business innovation and investment visas – for current business owners and managers, investors and entrepreneurs

Australia welcomes successful business owners, investors, and entrepreneurs on the rise. Visas available under this category include:

- Business Innovation and Investment (Provisional) visa (subclass 188) which has 4 small streams:

- Business Innovation Visa 188A stream

- Investor stream Visa 188B

- Significant Investor Visa 188C stream

- Entrepreneur stream 188E

The Business Innovation Visa 188a stream is unsurprisingly the most popular amongst all business visa Australia because of its lower capital requirements than the investor stream and the Significant Investor Stream. But it requires a points test, English, Business establishment experience, and more.

The Significant Investor Visa 188C stream requires none of those mentioned above; however, the investment amount is set at 5 Million Australian Dollars into Australian Complying Fund.

Business visas to Australia can be complex, and you will need a detailed assessment before applying. The experienced Registered Migration Agents at Work Visa Lawyers can assist you with the initial eligibility assessment and handle the complex visa application on your behalf in an efficient manner. Contact us today to learn more.

While the above lists the most common Australian visas for US citizens looking to move abroad, there may be other visa options including student visas, distinguished talent visas and so on. Each individual and family have their circumstances, therefore you should speak to a Registered Migration Agent to discover your options before deciding what is best for you and your family in the short and long term.

Comments by Chris Johnston – Principal Immigration Lawyer at Work Visa Lawyers

Australia is an ideal destination for US citizens looking to explore and discover a different country. The people, culture and environment are not vastly different from the United States so there will be less of a culture shock to Americans looking to move. Australian cities also consistently rank high in the top ten among the world’s most liveable cities or cities with the highest quality of life.

Work Visa Lawyers has received inquiries from new and past clients about Australian visa options to move to or remain in Australia. Get in touch with us today to speak about how Work Visa Lawyers can assist with your intentions to make Australia your temporary or permanent home.

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. 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 the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

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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Top 10 Facts You Need to Know About Australian Temporary Skills Shortage 482 Visa

Top 10 Facts You Need to Know About Australian Temporary Skills Shortage 482 Visa

The TSS subclass 482 visa was introduced on 18 March 2018. It replaced the 457 visa which will no longer be granted. While applications for the 457 Visa are no longer being accepted, applications that were filed before 18 March 2018 will still be processed. View the full list of 457 and 482 Visa differences here.

10 points on the TSS 482 Visa:

  1. Stages and Streams
  2. Labour Market Testing
  3. Training Requirements and Sponsor Obligations
  4. Genuine Need for Position
  5. The Annual Market Salary Rate (AMSR)
  6. Skills Assessments and Work Experience requirements
  7. Providing Complete Documents
  8. School Fees and Giving Birth in Australia
  9. Alternatives to the 482
  10. Pathway to PR in Australia

 1) Stages and Streams In The TSS 482 Visa

A key feature of the TSS Visa 482 is that it splits the list into three streams:

  • Short-Term stream
    • $1,330, per applicant over the age of 18.
  • Medium-Term stream
    • $2,770, per applicant over the age of 18.
  • Labour Agreement Stream
    • $2,770 per applicant over the age of 18.

Short-Term stream:

  • Only allowed visa for duration of up to 2 years
  • Only one onshore renewal possible – this means that after 4 years on TSS the applicant will have to go offshore to apply again.
  • Occupations listed on STSOL
  • No pathway to PR provided for short term occupation (unless covid-19 concessions apply for 186 TRT Stream, this is a new temporary concession for 482 Visa short term to PR 186)

Medium-term stream:

  • TSS visas granted for up to 4 years
  • No limit on number of onshore renewals
  • Occupations listed MLTSSL
  • Offers a pathway to Australian PR after 3 years holding visa with the same employer through:
    • ENS Temporary Transition (subclass 186)
    • (Only for certain applicants)RSMS Temporary Transition (subclass 187)

This means that if you are applying through the medium-term stream, your 482 visa will be valid for up to 4 years. You will then be able to meet permanent employer sponsored visa requirements, which are not available to 2-year TSS visa holders. You should note that if you are applying under the Short-term stream, you will need to meet Genuine Temporary Entrant (GTE) requirements.

We have writtern a blog related to the GTE issue for student visa in the 7 Policy Reforms For Australian Migration

Labour Agreement Stream:

The Labour Agreement stream is for where occupations are not on the TSS list. The employer applies for a Labour Agreement to allow them to sponsor specific occupations not on the list or to access certain concessions to requirements.

This includes DAMA, industry labour agreements, GTEs and company-specific labour agreement.

2) Labour Market Testing

While there are many requirements for the labour market testing, the most important features include:

  • Advertising in at least three instances or mediums (one of which must be Workforce Australia)
  • Running the job ad for at least 28 days
  • Job ads must have been run in the last 4 months before lodging nomination stage
  • Mentioning the salary of the position in the advert (If salary is less than $96,400)
  • You may be exempted from the Labour Market Testing, if International Trade Obligations apply.

However, once the Skilling Australians Fund is implemented, 28 days of advertisement will be required.

3) Training Requirements and Sponsor Obligations

Since the Skilling Australians Fund was implemented, the TSS 482 visa programme no longer utilises training benchmarks A or B which were used by the 457 visa. Instead, employers have to contribute towards the Skilling Australians Fund by paying the nomination training contribution charge upfront when lodging the nomination application. The levy will differ according to the length of the visa and size of business. There are a large number of requirements for approved 482 Business Sponsors and 482 visa holders to comply with. 

Conditions applicable for business include:

  • Applicant works in the nominated occupation
  • Business should retain all the records
  • Cooperate with any inspections

Conditions applicable for the applicant:

  • Primary applicant can only work for the approved sponsor
  • There are a limited number of occupations with exemption to work rights
  • They must inform Department of Home Affairs if applicant stops working
  • Must find have new nomination within 60 days if employment ends
  • Ensure equivalence between Australians and foreign workers

The department undertakes monitoring upon all approved business sponsors.

4) Genuine Need for The Nominated Position

There must be a genuine need for the nominated position, which must be on the 482 occupation list. A leading reason for refusals is failing to demonstrate that the position is genuine and required for the business. The 482 occupation list can be regularly revised by the department, so you will need to check the list to see if your occupation is there when you are lodging the 482 nomination application. It is highly advised that all applicants submit strong and supported nomination applications for the 482 Visa.

5) The Annual Market Salary Rate (AMSR)

The Annual Market Salary Rate (AMSR) replaces the market salary rate previously required for the 457 visa applications. The AMSR is now more defined with strict differentiation between monetary and non-monetary remuneration. The salary must be at or above the Temporary Skilled Migration Income Threshold (TSMIT).This is the income threshold that is set by the Department of Home Affairs. Currently, the TSMIT is set at $53,900.

We advise that employers check with their migration agents or immigration lawyer to ensure the structure of the remuneration package for their sponsored employee meets AMSR requirements. Having too much of a non-monetary component as remuneration may result in the AMSR not being met.

6) Skills Assessments and Work Experience Requirements

Currently, a specified list of occupation and country of passport pairing are required to provide skills assessments for the TSS visa application. The list required to do skills assessments is mainly for trade related occupations plus for the occupation of program and project coordinator. The Department has not made any steps to extend this requirement so far. When the skills assessments are made compulsory (due to holding a specified passport when applying for a specified occupation), applicants will need to make sure they have enough time to complete the skills assessments before visa application is lodged, otherwise different options may need to be considered.

There is a new work experience requirements for the TSS 482 visa.

  • TSS visa applicants will now need to demonstrate 2 years of relevant work experience before they can apply. 

This is a major change from the previous 457 visa requirements. Many international graduates may not have the 2 years of full-time and relevant work experience to apply for the TSS visa. This has been a major barrier to international graduates in Australia being able to seek employer sponsorship.

7) Providing Complete Documents

To avoid refusal of any application stage, it is important that all necessary documents are attached to your application. Furthermore, there have been cases where applications are refused due to only one or two documents missing from the employer or applicant. After the application is submitted, applicants may not be requested to provide further documents, especially for nomination applications, so it is advisable that all documents be attached to the online applications at the time of submission.

8) School Fees and Giving Birth in Australia

TSS visa holders need to be aware there if you have school age children enrolled in public schools, additional school fees may apply. For example in the state of South Australia, TSS 482 visa holders are expected to pay a levy for each child in school, which can amount to:

  • Approximately $5900 per primary student per year
  • Approximately $7000 per secondary student per year

Also, many temporary work visa holders are unaware that your health insurance coverage may not cover delivery or birth of newborn children in Australia. If you give birth to a baby in Australia while holding a TSS 482 visa, you may have to pay medical fees applicable to a foreign visitor, which will be a high amount.

9) Alternatives to The 482 Visa

If your Occupation is not on the list or you do not have the experience:

  • Labour Agreement –The Labour agreement process is usually extended and would require professional assistance.
  • Other temporary work visas such as the 407 training visa or 400 specialist temporary activity visas might be considered.
  • Partner visa - might be an option if you have an Australian Partner.
  • Or the Student visa – to increase your skills, as Australian has world class education providers

This is not the full range of options, but just some of the most common.

10) Pathway to Australian Permanent Residency (PR)

Permanent Australian residency is only available for the medium-term stream and not the short-term stream. For Medium-term Stream Visa:

  • The pathway will be through the temporary transition ENS 186 (or RSMS 187 Visa, in rare cases)
  • After working with the approved Sponsor for three years, applicants can apply for a Permanent Visa

Previous holders of the 457 visa may still be able to access a two year pathway to permanent residency. Legacy 457 visa workers may also be able to access an age concession.

Do you need help with a Sponsorship or TSS visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications.

  • If you are a holder of a 457 visa or intend to apply under the new rules, we can assist you.
  • We assist businesses of all sizes that are looking to sponsor and nominate a visa applicant.
  • Advise businesses how to meet the Labour Market Testing requirements.
  • We advise visa applicants on their eligibility to make the 482 visa application or who are transitioning from a 457 or 482 to permanent migration.
  • We assist permanent migration for eligible 457 visa holders through the ENS 186 visa pathway.
  • Advise visa holders with responses to the Department meeting the 8607.
  • Advise visa holders with responses to ‘Notices of Intention to Cancel’.
  • Advise Employers of their ongoing sponsorship obligations.
  • Assist employer with application for accredited sponsorship.

If you are a potential visa applicant, please book a consultation to discuss your visa options. We are experienced in all types of Employer Sponsored visas.

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 the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

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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Business and Investor Visa News November 2022 - 188A and 188C SIV Changes - Ministerial Direction 100

Federal Budget 2022 - Business Investor Visa Allocations

New Federal Budgets have revealed the Migration Program planning levels.

The quota for Business Innovation and Investment Visa program has been reduced to 5000, comparing to 13,500 last year.

This will mean that it is more competitive and challenging to secure a place in the program.  

We are talking about the four streams of the 188 visa.

States have announced that they are running out of allocations as they are working from a interim allocation of about 800 places. 800 places for all states and territories are too short to fill up the demand of the Business and Investor visa program in Australia.

Watch our full video about Business Visa news in November 2022 here:


In that, QLD and NSW have already used up their interim allocation and closed the program temporarily. VIC and SA are very careful in selecting the applicants. SA decided  to temporarily close the Investor Stream 188B and Significant Investor Stream 188C streams.

Hopefully, the states can receive further allocations for the Business Visa Australia shortly after the Federal Budgets announcement and open to all the streams.

Now, let's look at some of the most popular stream in Business Visa 188 Australia and why should you go for it.

The 188A Business Innovation stream remains popular among applicants all over the world. This is because it has lower capital rewquiremetns than the investor path, and builds on the applicants existing business skills.

The 188C Significant Investor stream is the most simple one except for the amount if investment fund with NOT much criteria including:

  • No Age limit (good for parents who are not able to do parent visa 143);
  • No English Requirement (You only need to pay for the secondary fee for non-english applicant);
  • No  Qualification or Business Skills and experience required;
  • No Points Test (Business Innovation stream 188A and Investor Stream 188B requires Points Testing)

In order to find your best Business and Investor Visa Australia, please use our Business Visa Compare tool:

Business Visa Compare Australia Find your best Business and Investor Visa Australia 188

Business and Investor Visa news recap

There is still a shadow over the 188C visa which requires a 5 million dollar investment.

In Sep 2022, the Home Affairs Minister Clare O’Neil commented with Sky News that the SIV program “isn’t adding value to the country”

In the talk, Minister Clare O’Neil mentioned:

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

"I don't see a lot of great benefits to the country currently." When she was asked by Andrew from Sky News if the Golden Visa Australia (Significant Investor Visa 188C) might be abolished.

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

There are also comments from Grattan Institute which raised concerns if the SIV will be removed shortly.

=> Applicants wish to put in a SIV application need to take actions as soon as possible.

Business Investor Visa Australia Visa 188

Or, you may consider to apply for a 188B - Investor Stream instead.

Similar to 188C, 188B Visa requires applicants to invest 2.5 million Australian Dollar to the complying investment fund of Australia. It also has a pathway to Australian Permanent Residency.

The 188B Visa has grown in popularity recently and the comments on the SIV may make more people consider the visa 188 Investor stream.

The final category is the 188E Entrepreneur Stream.

While it has no capital investment requirement, the level of interest is surprising low.  This may be because the of the requirements being harder to quantify or predict.

The 188E visa requires applicant to show innovated business ideas.

State such as SA and Victoria require endorsement from service providers or investor incubator bodies.

There is a pathway to permanent residency after you hold the visa for 2 years and have a successful record of entrepreneurial activities. 

Ministerial Direction 100 - Business Visa Processing

Following the Federal Budget, there is a new Ministerial Direction 100 for skilled visa processing priority instruction published recently.

The new labor government has pointed out that their primary focus at this stage is to:

- Clear the visa backlogs caused by the delay in processing time during Pandemic Covid-19.

- Address skills shortages 

The government will still process efficiently those skilled visas in the near future to make the visa backlogs to a manageable level before Christmas.

The following skilled visas are subject to Ministerial Direction No. 100:​

In the last point of the Direction 100 Factsheet, it says that the Government will reduce priority to some programs to shift attention to skilled visas such as State Nomination, Employer Sponsorship program.

The report states that this reduction will help increase efficiencies in reducing processing times across caseloads. This is reflected by the total allocation number of those programs this financial year 2023.

However, Visa applications for the Global Talent and Business & Investment program will still be processed efficiently in line with the planning levels of the Migration Program.

Read full details of the Ministerial Direction 100 - Skilled Visa Priority Processing >>

Summary of current Business Investment Visa Australia situation

In summary, the allocations are now lower, at 5000.  But with only 800 state allocations so far, there is still over 4000 potential places to be sending out in the next 7 months.

The demand on the Business Investment visa 188 is still high so the new allocations could be filled quickly. Imagine the 800 allocations have been filled within 2 months since announcement, the rest is expected to be running out soon in 3-4 months.

This leads to a more selective process from the government. That means your documents and profile must be clear and well-managed to be successfully get the visa 188.

An application for business or investment visa Australia must be handled with care as it involves demonstration of significant assets (AUD 2.5 - 5 million) and the preparation to liquidate the amount for transfer into the complying investments before the visa is granted. 

The team at Work Visa Lawyers has extensive experience in compiling financial and business documents from different countries and submitting the information in an organised manner for the DHA to process the documents smoothly.

 

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

 

Work Visa Lawyers works with accredited fund managers to provide options to our clients for the complying investments.

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

We are available in English, Mandarin, Cantonese, Vietnamese, Punjabi, and Tagalog.

So that is the news about the Business Visa space.

Please stay tuned for further update. 

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Ministerial Direction 100 - Skilled Visa Processing Priorities - Australia's Future Focus For Skill and Migration Program

Ministerial Direction 100 - Skilled Visa Processing Priorities - Australia's Future Focus For Skill and Migration Program

Australia's skilled visa programs are designed to select people who will make a positive contribution to the Australian economy and labor market and assist Australian businesses to access workers with skills that cannot be met in the local labor market.

Since the new government has been in place, the Department of Home Affairs has finalized over 2,780,000 Visas. 

This includes over 43,000 temporary skilled applications and over 47,000 permanent skilled visa applications.

This has been shown clearly in the processing of the Visa 189 invitations.

The new labor government has pointed out that their primary focus at this stage is to:

- Clear the visa backlogs caused by the delay in processing time during Pandemic Covid-19.

- Address skills shortages 

Minister Andrew Giles states that the visa backlog will come to a "manageable" level before Christmas.

Currently, the government has produced new direction 100 to address the issue of businesses crying out for skilled workers.

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Global Talent Visa Australia - Is Australia Competing In The Talent Pool?

Two years of international border closures that locked out migrants and led to labour and skills shortages across the economy makes it difficult to fathom Home Affairs Minister Clare O’Neil’s decision to cull 27 jobs from the list of occupations eligible to receive a priority skilled visa to work in Australia.

Amid the hacking of Optus, Australia is now shaking up to find highly skilled people in Cyber security and IT field and sending them to the back of the queue.

As clearly seen, during covid-19, where every single work had been shifted to online platforms and the wave of migrants and international students running out of the country, the needs of highly skilled and talented people have been raised significantly.

That opened up a new popular Global Talent Visa program, a fast tracked permanent residency of Australia pathway for skilled migrants who are recognized internationally with projects and researches.

Up until today, there have been many ups and downs regarding the popularity of the Global Talent Visa program.

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Latest Australian Immigration Updates November 2022 - Migration Allocations, 189 Visa, Business Visa and Global Talent Visa news

Latest Australian Immigration Updates November 2022 - Migration Allocations, 189 Visa, Business Visa and Global Talent Visa news

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

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

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

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


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

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

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

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

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

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

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

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

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

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

My answer is NO.

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

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

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

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

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

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

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

Migration Allocations Up for Skilled Visa 189/491/190

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

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

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

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

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

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

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

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

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

 

Business visa News

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

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

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

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

Business Investor Visa 188 Business Owner can now apply for 188 Visa

NSW skilled occupation list

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

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

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

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

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

 

Parent Visas

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

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

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

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

Parent visa 143

Student visa holders

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

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

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

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

Working Holidary Visa

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

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

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

Sensible reforms - Health examination waived for onshore applicants

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

More sensible reforms along these lines are welcome.

Global Talent Visa Australia Updates

The negative news is still going for Global Talent Visa.

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

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

Migration Institute Australia National Conference

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

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

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

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

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

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

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

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

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

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International health workers – Australia wants you!

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

Australia needs more health workers.

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

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

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

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

 

Victoria

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

This program is for health professionals who:

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

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

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

The money will be transferred to the employing health service.

 

South Australia

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

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

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

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

 

New South Wales

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

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

 

Queensland

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

  • Medical
  • Nursing and midwifery
  • Allied Health

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

 

Tasmania

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

They can also provide relocation support which may include:

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

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

 

Northern Territory

 

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

For assistance with the application process, IMGs may contact:

For Top End Health Service (TEHS) job enquirers:

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

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

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

 

Western Australia

 

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

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

 

Australian Capital Territory (ACT)

 

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

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

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

The relevant pre-determined ceiling is as below:

Employee Circumstances

Reimbursement Ceiling

Single with no dependants

$12,000

Additional Payment per dependant (up to 6)

$2,000

Additional payment per dependant (in excess of 6)

$1,750

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

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

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

You can also book an appointment online.

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

 

Sources:

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

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

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

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

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

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

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

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

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

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

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Get Australian PR as Registered Nurse - Work Visa Lawyers

Get Australian PR as Registered Nurse - Work Visa Lawyers

Get Permanent Residency as Registered Nurse in Australia

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

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

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

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

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

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

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

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Future Of All Australian 188 Visa - Significant Investor Visa Abolished?

Business & Investment Visa Australia 2022

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

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

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

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

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

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

There are currently 4 streams opening:

Business Visa Allocations in 2022-23

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

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

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

There were around 7,000 allocations available in 2021.

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

Business Visa Allocation 2022 2023

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

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

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

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

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

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

Business and Investor Visa NSW

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

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

Business Investor Visa South Australia

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

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

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

Other than that, applicants must:

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

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

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

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

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

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

Business and Investor Visa QLD

Business Visa Lawyers Australia Business Visa QLD

Migration Queensland advises that the interim nomination allocation (quota) for the business program (BIIP) has now been filled.

However, the business program remains open and MQ will continue to process applications – although we are unable to nominate on Skillselect.

MQ is currently awaiting further advice from Home Affairs as to when this final allocation will be provided.

For applications that are already submitted to MQ, and would like to withdraw to apply to another state or territory, please contact us here.

 

SIV news from the Minister’s talk

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

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

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

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

Investor Visa Australia - Comments from Grattan Institute

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

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

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

What is the future for Business and Investor Visas Australia?

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

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

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

It requires a 2.5 million investment into the complying fund.

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

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

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

Chris's comment on current Business and Investor Visa news

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

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

These include:

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

What to do now?

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

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

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

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

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

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

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

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

Business Visa Compare Australia Visa 188 Australian PR

 

More about the Business Visa Australia Agents and Lawyers

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

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

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

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

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

Business Visa Lawyers Australia Work Visa Lawyers

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

Sources: 

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

Grattan Institute Comments on the Business and Investor Visa Australia 

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Global Talent Visa Updates In September 2022

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

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

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

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

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

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

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

Global talent visa offshore updates

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

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

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

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

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

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

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

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

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

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

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

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

 

Global Talent Visa priority assessment order

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

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

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

 

Global Talent Visa Current processing time

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

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

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

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

Removal of EOI invitation expiry

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

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

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

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

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