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Skilled and Work Visa Updates – January 2024

The recent round of invitations in December 2023 disappointed many aspiring migrants. Invitations were limited to health professionals and teachers, excluding many with completed skills assessments and English proficiency for the 189 visa. This has raised concerns about the accessibility and fairness of the invitation process.

Looking back at 2023, there were only two invitation rounds for the 189 and family-sponsored 491, all focused on health professions and teachers. This means many of those with skills assessments and English did not receive an invitation for the 189. This seems quite unreasonable and seems to be putting unnecessary pressure on those aspiring to come to Australia and not allowing them to get an invitation.

Invitation Rounds 2023

May

Skilled Independent visa (subclass 189)

7,353

Skilled Work Regional (Provisional) visa (subclass 491) – Family-Sponsored

74

December

Skilled Independent visa (subclass 189)

8,300

Skilled Work Regional (Provisional) visa (subclass 491) – Family-Sponsored

79

State Nominations for the 190 and 491 visas

State and territory nominations offer a broader range of occupations, each with slightly different criteria based on local economic needs. Unfortunately, the Northern Territory has exhausted its nomination allocations, temporarily closing new state allocations. Limited opportunities for points-based visas have prompted increased interest in employer-sponsored applications, particularly the TSS482 and the permanent residency 186 visas. The new Skills in Demand Visa, expected in late 2024, has also generated strong interest.

Labor Market Testing for TSS482

Labour market testing requirements for the TSS482 visa have been eased, reducing the number of advertisements required and eliminating the need for Workforce Australia Advertising. However, a minimum 28-day advertising period in the four months before nomination is now mandatory. Regional employer-sponsored nominations now receive the highest priority for processing under Ministerial Direction Number 105, indicating the government's emphasis on regional visas.

Changes in Priority Processing

Offshore applicants no longer receive priority processing, possibly reflecting the government's focus on reducing pressure on housing in major cities. This shift encourages regional visas and discourages offshore applications from individuals likely to settle in urban areas.

Working Holiday Maker Updates

Starting from January 1, 2024, working holidaymakers may work for the same employer for more than six months without seeking permission under certain circumstances. Exceptions include work in different locations, plant and animal cultivation, specific industries, natural disaster recovery, aged care, healthcare, childcare, and critical sectors like tourism and hospitality.

While some exceptions exist, individuals working beyond six months in non-covered situations must seek permission, with higher chances if tied to an employer-sponsored application. These changes provide flexibility for working holidaymakers but also highlight the importance of understanding the specific conditions and seeking appropriate permissions.

How can Work Visa Lawyers help?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your potential application(s).

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.

Sources:

https://immi.homeaffairs.gov.au/programs-subsite/migration-strategy/Documents/migration-strategy.pdf

https://immi.homeaffairs.gov.au/visas/working-in-australia/skillselect/invitation-rounds

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Sunday, 16 June 2024

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