We've launched hundreds of partner visas over the years. With numerous aspects to consider, understanding the requirements and nuances of the application process is crucial. We aim to provide a guide, offering valuable insights into the Australian Partner Visa application, covering various aspects from types and stages to documentation, requirements, and common questions.

If you need to apply for a Partner Visa, please book an appointment here.

Types of Visas Related to Partner Relationships:

Currently, there are three types of visas related to partner relationships: the prospective marriage visa or Fiancée Visa, the partner visa offshore, and the partner visa onshore.  

Prospective Marriage Visa (Subclass 300): Designed for those planning to marry their prospective spouse in Australia and subsequently apply for an onshore partner visa. The evidence required for a prospective marriage visa is generally less. You need to demonstrate your intention to be in a spouse relationship rather than being in a spouse or partner relationship.  

Partner Visa Offshore (Subclass 309 and 100): For individuals in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, applying from outside Australia. Applicants applying outside of Australia will need to apply for an offshore partner visa Subclass 309 which goes to subclass 100 for permanent residency. 

Partner Visa Onshore (Subclass 820 and 801): For applicants inside Australia, the process involves obtaining a temporary partner visa (Subclass 820) followed by a permanent partner visa (Subclass 801).

Stages of Partner Visa:

If you are in a married or de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen and you are being sponsored by your partner, you might apply for a partner visa.  The relationship must be genuine and ongoing.

There are two stages to the partner visa:

Stage 1: is a temporary partner visa.

Stage 2: is a permanent partner visa. 

Both temporary and permanent partner visas allow you to work and study in Australia and you are eligible for Medicare. 

Documentation and Evidence:

We know that every relationship is different, and the Australian Department of Home Affairs may need different kinds of documents to assess your application. Include evidence relating to the nature of your household, recognition of your relationship by family and friends, and your joint financial commitments to each other. 

Married relationship: If you're in a married relationship, you need to provide a legal marriage certificate or registration from in Australia or another country. The marriage document needs to be authentic and legally valid. 

De facto relationship: There are two ways to meet the de facto relationship requirements. 

• Number 1: being in a de facto relationship, which is mutually exclusive, and you've been with your partner for at least 12 months before you apply for the partner visa in or outside of Australia.  In most cases, this would mean you've been living with your partner for 12 months.
• Number 2: register a relationship in an Australian state or territory.  This can allow an application to proceed when the relationship is less than 12 months old. 

You need to provide sufficient evidence to demonstrate that a de facto relationship exists between you and your partner. There are some exceptions to the 12-month rule. For example, if there's a child of the relationship. 

Same-sex couples:

Same-sex couples can apply for partner visas. They will need to demonstrate their relationship based on a married or de facto relationship. 

We’ve been successful with many applications for same-sex couples. 

Genuine and Continuing Relationship Criteria:

The Australian Department of Home Affairs has some standard criteria to assess a genuine and continuing relationship.  The main four criteria are:

• Financial responsibilities: this could include a home loan, joint property, or rental property that is in both parties' names or an active bank account that has both parties' names. 
• Evidence of a shared household: this could include things like bills and utilities. It could include evidence of living arrangements, and it could include things like shared financial responsibility for food and utilities.
• Social commitment: this includes statements from friends and family which attest to you being in a relationship. It can also be shown by photos from social events. 
• Commitment: this criteria includes considerations of how long the parties have been in a relationship and the future plans that the couple has. Such criteria might be addressed in a statutory declaration to help prove the application.

Providing strong evidence addressing these criteria is vital for a successful application.

How long does the process normally take?

Partner visa processing times can vary, typically ranging from six months to two years. Having strong evidence of your relationship can help with processing times. 

You can find the processing times at Home Affairs website: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times

Sponsor Requirements:

Sponsors must be of good character and provide necessary documentation, including police clearances. There are limitations on sponsoring more than one partner within a five-year period.

Main reasons for partner visa refusals:

• Lack of supporting evidence of the relationship. 
• Inconsistencies in the application, and in relation to the telephone interview with the department, if they hold one.
• Not meeting schedule three requirements. This is about not having a substantive visa at the time of application.
• Misleading social media posts and inconsistencies in those social media posts.
• Sponsor problems, for example, failing to update Centrelink that they are in a relationship. 

How can you make an application strong? 

A successful partner visa application requires meticulous planning. You need to have a genuine and continuing relationship and ensure all the documents are provided as part of the visa application. 

How much does a partner visa cost?

The Australian partner visa comes with a significant application fee of $8,850, making it one of the more expensive visa applications.

Obtaining an Australian Partner Visa involves a thorough understanding of the process, careful documentation, and strategic planning. If you have questions or need assistance in applying for a partner visa, our team is here to help. Contact us for personalized guidance throughout your partner visa application.

Sources:

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/prospective-marriage-300

Do you need help with an Australian visa application?

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

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.

Welcome to our Australian Immigration News – December 2023! In this blog, we will discuss the conclusion of Covid concessions, alterations in the Temporary Graduate Visa, positive reforms affecting Partner Visas, the opportunity for permanent residency for 482 and 457 visa holders, the replacement of a top bureaucrat, international student news, and the upcoming Government Implementation Plan.

End of the Covid Concessions

The Covid era for Australian Immigration is officially over. The concessions introduced during the pandemic to address travel challenges and support temporary workers in Australia have concluded as of November 25, 2023. Notably, periods of reduced work due to Covid-19 will no longer count towards meeting work experience requirements for new ENS/RSMS TRT stream nomination applications.

Changes in the Temporary Graduate Visa Program

Starting November 25, 2023, all applications for any stream of the Temporary Graduate Visa program must be lodged in Australia.

Positive Reforms for Partner Visas

Exciting reforms have been introduced for Partner Subclasses 309 and 820 visas. Applicants can now receive grants whether they are inside or outside Australia at the time of visa approval. Moreover, Subclass 309 Partner visa applicants can apply for merits review independently, no longer relying solely on the sponsor. This change enhances accessibility for family violence victims.

PR for 482 and 457 Visa Holders

Individuals holding 482 and 457 visas for at least 2 years may be eligible to apply for permanent residency. Those with occupations listed on the Medium or Short-term Skilled Occupation List can apply for the 186 PR Visa, meeting criteria such as Competent English and being under the age of 45, unless specific narrow exemptions apply. Read more here.

Home Affairs Public Servant Replaced – Michael Pezzullo

The governor-general terminated the appointment of Michael Pezzullo, head of the Department of Home Affairs, due to breaches of the Australian Public Service Code of Conduct. The hope is for a more accessible and efficient standalone Department of Immigration.

End of Indefinite Detention

The High Court's decision in NZYQ brings an end to indefinite detention for those unable to return to their original country of passport. Legislation imposing tough conditions on those released is expected to face a high court challenge.

International Student News

Plans are underway to impose caps and potential taxes on international students, likely in response to housing shortages and a rental crisis. As international education is a key industry, there is expected pushback.

Upcoming Government Implementation Plan

Stay tuned for the awaited release of the Government's implementation plan for migration reforms. The Parkinson report hints at significant changes, including point-based visa reforms, Business Visa changes, and the end of Student Visas needing to meet GTE.

Sources

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1147

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-graduate-485

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1136

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1057

https://www.pm.gov.au/media/secretary-department-home-affairs

https://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2023/37.html

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.

Australian citizenship can be acquired through various circumstances related to birth. In this blog, we'll explore the three types of citizenship by birth.

Child Born in Australia with at Least One Parent Holding Australian Citizenship

If a child is born in Australia with at least one parent holding Australian citizenship, the child automatically becomes an Australian citizen.

Child Born Outside Australia with at Least One Parent Holding Australian Citizenship

Children born outside Australia with at least one parent holding Australian citizenship them they can apply for Australian citizenship through their parents.

Child Born in Australia – Ordinarily Resident and the 10-Year Rule

If a child is born in Australia and has two parents with neither of whom are Australian Citizens or Permanent Residents, and the child has been ordinarily resident in Australia throughout the first 10 years from your birth Australia as its primary residence up until the age of 10, the Child automatically becomes an Australian Citizen.

Recent case and flexibility by the Australian government

Recent legal developments, such as the case of Minister for Immigration, Citizenship and Multicultural Affairs v Sidhu by his litigation representative Kaur [2023] FCAFC 133, have brought about flexibility by the Full Federal court in interpreting the term "ordinarily resident."

This broader interpretation of ordinarily resident was more generous on how much time the child could be outside of Australia and still get Australian citizenship. In Sidhu, the child’s parents lived and worked in Australia while the child for some years lived with the grandparents in India. The child was still able to become an Australian Citizen on its 10th birthday.

Understanding the pathways to Australian citizenship by birth is crucial for individuals and families. Recent legal developments highlight the importance of flexibility in interpreting residency requirements, providing opportunities for those whose circumstances involve periods of living outside. If you need any assistance, please book an appointment. We are happy to help you.

The Australian Government has announced changes that will allow short-term 457 or 482 visa holders to have a pathway to permanent residency in Australia after 2 years. If you have held and worked on a 482 visa for at least 2 years, you can apply from November 25, 2023.

Employers will be able to nominate holders of all Temporary Skill Shortage (TSS) 482 Visa, including Short-term and Labour Agreement streams. The nominated person will need to have held their TSS or subclass 457 visa(s) for 2 out of the 3 years before nomination.

Before, only Temporary Skill Shortage (TSS) 482 visa holders whose occupations are on the Medium and Long-term Strategic Skills List (MLTSSL) could apply for an Employer Nomination Scheme (186) visa under the Temporary Residence Transition (TRT) pathway after 3 years of full-time employment with the sponsoring employer while on a 457 visa or 482 visa.

Short-term 482 to PR 186

From November 25, 2023, the 186 Temporary Residence Transition stream will become available to the majority of 482 Temporary Skill Shortage visa holders. It will no longer be restricted to 482 visa holders with occupations listed on the Medium and Long-term Skilled Occupation List. In addition, the required length of employment with your sponsoring employer will be reduced from 3 years to 2 years.

If your occupation is on the Short-term Skilled Occupation List (STSOL), you will also be eligible to apply for the 186 Temporary Residence Transition after working in Australia for your employer-sponsor with a 482 visa for 2 years.

Medium-term 482 to PR in 2 years

Previously, medium-term occupations required 3 years on a 482 visa to be eligible to apply for permanent residency. When the changes start, all 482 streams can access PR and the work experience requirement will now be reduced to 2 years.

Common medium-term occupations include roles such as Registered Nurse, Diesel Mechanic, Carpenter, and more.

Below we have summarised what the changes mean:

The migration allocations for the year ending 30th of June 2024 have zero allocations for Business and Investor Visas. That signifies that there are no Business or Investor Visas available for this year, as illustrated in the chart below.

This means it will not be possible to get a state nomination for any of the four streams of the Business and Investor Visa Program. 

The four streams of the Business Innovation and Investor Programme (BIIP) are:

• Business Innovation stream
• Investor stream
• Significant Investor stream
• Entrepreneur stream

 Why did they close the Business 188 visa?

The Parkinsons’ Migration Review Final Report had several negative comments about the Business Innovation and Investor Programme. These negative comments included that the overall age of business Visa applicants is higher than other visas and that this could cause high medical expenses. Further, there were comments that 188 Visa holders had low incomes while in Australia.

In relation to the income point, we argue that this was based on accurate information that underestimated the range of income generated by Business Visa holders, including through their business and personal. 

The migration review also recommends revisiting the allocation of places across the permanent skilled program. In particular, it suggests reconsidering the size and role of the Business Innovation and Investment Program (BIIP), noting more positive outcomes from the Significant Investor Visa.

Other visa options

If you do not want to wait until new Business and Investor Visas are announced, you may consider the Global Talent Visa. 

To learn more about the Global Talent Visa and to explore your immigration options, please visit: https://www.workvisalawyers.com.au/services/global-talent-distinguished-talent-visas/global-talent-independent-visa.html

New Investor Visa opportunities coming from July 1, 2024

The Migration Review Final Report did mention some positive contributions by their Significant Investor Visa and suggests consideration be given to whether the BIIP is retained as a substantial program.

We expect a redeveloped version of the Significant Investor Visa to be introduced from 1 July 2024. 

On page 66 of the report, there are suggestions that consideration should be given to whether the BIIP is retained as a substantial program: “We note that outcomes for the small Significant Investor stream have been stronger than for the remainder of the BIIP. If there is a desire to retain some element of the BIIP, consideration could be given to drawing on the relative strength of this stream in designing a niche investment visa product, much more sharply targeted to select migrants able to drive innovative investments or play a valuable role in the venture capital industry.”

It is expected that the new investor Visa will be similar to the current significant investor Visa and may require: 

• $5000,000 investment into a complying investment
• Complying investments are yet to be determined by the federal government and may include a stipulated percentage of investment into venture capital.

If you intend to invest in Australia, we can help you find the best Australian business visa options. Our team of experienced Immigration Lawyers and Migration Agents looks forward to assisting you. If you are interested in a Significant Investor Visa for Australia, please contact us.

Sources:

https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels

https://www.homeaffairs.gov.au/reports-and-publications/reviews-and-inquiries/departmental-reviews/migration-system-for-australias-future

https://www.homeaffairs.gov.au/reports-and-pubs/files/review-migration-system-final-report.pdf

 How can Work Visa Lawyers help?

If you need help with this visa, Work Visa Lawyers can assist you.

Work Visa Lawyers is highly experienced in all parts of an employer-sponsored visa application process. We can assist with all aspects of the application and will provide an eligibility assessment before advising you to proceed with a visa application.

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.

The subclass 186 visa is a Permanent Resident visa which is available for qualified overseas workers who meet the requirements for one of the streams.

Requirements 186 Direct Entry Stream:

1. Have an eligible occupation that is provided by the Department of Home Affairs. https://immi.homeaffairs.gov.au/visas/working-in-australia/skill-occupation-list
2. Have relevant work experience unless exempt. The applicant is required to have at least 3 years of relevant work experience in the nominated occupation.
3. Licensing, registration, or membership: The applicant must be licensed, registered, or a member of a professional body if it is mandatory in the state or territory the applicant intends to work in.
4. *Have a positive skill assessment
5. Be nominated by an Australian employer whose business is actively and lawfully operating.
6. The applicant must be under 45 years of age when he or she applies unless the applicant is eligible for the exemption policy.
7. Have at least competent English: Competent English (homeaffairs.gov.au)

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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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.

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.

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.

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.

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.

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.

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%

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 Guan, Registered Migration Agent at Work Visa Lawyers

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.

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

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.

Book an Appointment

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.

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.

2022/2023 移民预算

• 2022/2023的整体移民配额保持在160,000, 总配额不变。
• 技术移民占总配额的70%，相当于109,900的配额。相比于去年增加了3万配额，其中的1万配额从去年的伴侣签证配额中分配出来。
• 伴侣签证由于新财年的配额分配而大幅度减少

技术移民预算配额

家庭签证移民预算

剩余的30%总配额将分配给家庭签证。其中1万的伴侣签证被重新分配给了技术移民签证。由此可见，新财年的伴侣签证大幅度缩减。而父母签证有小幅度的上升，从去年的4500配额到新财年的6000配额，可以相对地减轻父母签证堆积的情况。 

预算报告中，有一点值得注意的是伴侣签证的下签安排将根据实际需求。 

欢迎关注我们的微信公众号，每周我们都会推送移民分析和动态：

您也可以到以下网站，与我们的律师或者移民中介预约一个咨询会议： 

https://www.workvisalawyers.com.au/arrange-an-appointment.html 

What were the changes in the last 2 years with Global Talent Visa 858?

14/12/2020, The department passed the legislation to remove the offshore stream subclass 124 and made some major modifications to the onshore Global Talent Visa Subclass 858 application.

20/1/2021: bachelor (with Honours) and Masters graduates are no longer eligible for invitation to the GTI program by submitting those qualifications alone. It is clearly making no competitiveness at all to those PHD candidates or Research fellows and the Department of Home Affair was considering about their ability to attract the fair work High income Threshold requirements.

Also, for existing EOIs submitted on the Department website will also be applied by this change. It means, Masters Graduates or Bachelor candidates who are waiting for the invitation will no longer be accepted.

27/1/2021: The Distinguished Talent Visa was renamed the Global talent visa. The subclass and criteria remained the same.

Global Talent Visa - Australian Nominator

To get invited for a Global Talent Visa, you need to have an eligible Australian nominator. The nominator must be of a national reputation in your area of talent who is Australian Citizen; Permanent resident of Australia; Eligible New Zealand citizen and Australian organisation.

With the national reputable criteria, it clearly aims to global organization who has made global footprints in their industries or area of study; Educational Institute with strong background in researches which are globally recognised.

And a lot of people are getting their nomination from their own employer. It is strongly dependent on projects they are doing.

• Please help yourself with our quick initial GTV Assessment and Our Immigration Agents and lawyers will be in touch with you shortly. It is completely FREE !

The Department of Home Affairs has just released details of which organisations nominated the most candidates from November 2019 and the end of June 2021.

The top 10 nominators for Global Talent Visa 858 are:

The Global Talent Visa continues to be the visa everyone wants.

And why wouldn’t it be?

With fast processing, low costs, and a direct pathway to permanent residence in Australia, there are few immigration options that can compare. It isn’t easy to get though; the Global Talent Visa is for highly skilled applicants in specific target sectors. Until now, the Australian Government had provided very little information as to who would and would not qualify for the GTV, but this month the Government has released examples of exceptional and strong candidates (who were granted Global Talent Visa 858) and categories of professionals that would usually not be eligible.

Click here to learn the criteria for the Global Talent Visa

Priority status will be given to applicants who work in a designated sector. These sectors are currently:

• Resources;
• Agri-food and AgTech;
• Energy;
• Health industries;
• Defence, Advanced Manufacturing and Space;
• Circular economy;
• Digitech;
• Infrastructure and tourism;
• Financial services and FinTech; and
• Education

Let’s take a look at the successful candidates from each sector. You may notice some of the sectors (such as Defence, Advanced manufacturing and Space) have been broken down into multiple separate categories.)

Resources

EXCEPTIONAL CANDIDATES

Managing director of a technology and innovation unit of an international mining corporation with a global track record in the delivery of safe, cost effective, and complex multi-billion dollar projects.

STRONG CANDIDATES

Executive with extensive experience in subsea system development, execution and operation for a top-tier oil and gas company.

NOT USUALLY ELIGIBLE

• Site managers
• Engineers and mechanics
• Technicians and construction workers

AgriFood and AgTech

EXCEPTIONAL CANDIDATES

Director of a world-renowned research centre for livestock genetic engineering with proven results in applying research to improve the quality, productivity and efficiency across the industry.

STRONG CANDIDATES

Highly regarded and cited post-doctoral researcher in the field of robotics and automations in agriculture, with ongoing industry collaborations. 

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Farmers and agricultural technicians 
• Food safety managers 
• Chefs and cooks

Clean Energy and Renewables

EXCEPTIONAL CANDIDATES

Founder and CEO of an internationally acclaimed start-up in the research and manufacturing of innovative clean technology for heating, ventilation and air conditioning.

STRONG CANDIDATES

Senior energy transformation engineering specialist in devising solutions for new energy technologies.

Executive with expertise in the development and delivery of large energy projects.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Technicians and construction workers
• Distribution and sales representatives
• Junior or mid-level power plant or mine operations managers

Health Industries

EXCEPTIONAL CANDIDATES

Pharmaceutical executive and founder of a multi-million dollar global company dedicated to accelerating clinical trial processes by utilising a novel e-platform to track patient data. 

Renowned infectious diseases researcher and practitioner of international repute.  

STRONG CANDIDATES

Senior auditory neuroscientist with a track record of research in health technologies, leading the research and design of cochlear implant technology.

Biomedical engineer with expertise in medical application of polymers, biomaterials and delivery platforms.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• General practitioners
• Retail pharmacists
• Dentists
• Physiotherapists
• Nurses
• Veterinarians 
• Aged care workers

Defence

EXCEPTIONAL CANDIDATES

Business director of an international organisation renowned for testing, inspecting and certifying defence vessels and equipment.

STRONG CANDIDATES

Senior technology manager of a globally renowned aeronautical research and development centre leading multiple portfolios on defence products.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Soldiers and sailors 
• Junior officers

Advanced Manufacturing

EXCEPTIONAL CANDIDATES

A leading researcher in micro and nano electro-mechanical systems that owns multiple patents.

Chief technology officer of an internationally acclaimed manufacturer of sensors for electronic devices in the healthcare, robotics, and digital manufacturing sectors.

STRONG CANDIDATES

Senior data scientist specialising in designing machine learning algorithms and neural network models, with experience in commercialising artificial intelligence projects for automotive and intelligent devices. 

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Engineering technicians 
• Machine operators
• Draftspersons
• Sales and administrative managers

Space

EXCEPTIONAL CANDIDATES

Renowned space industry leader with vast experience specialising in space systems engineering.

Head engineer of avionics and software at a leading rocket company that is developing new orbital launch vehicles and technologies for foreign space agencies.

STRONG CANDIDATES

A space policy specialist with extensive experience collaborating between government and the industry.

Post-doctoral astrophysicist with a sustained record in collaborative research, with a number of space agencies.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Engineers and mechanics who do not lead ground-breaking projects

Circular Economy

EXCEPTIONAL CANDIDATES

Managing director of a technology and innovation unit of an international mining corporation with a global track record in the delivery of safe, cost effective, and complex multi-billion dollar projects.

STRONG CANDIDATES

Executive with extensive experience in critical mineral development, execution and operation for a top-tier company.

A leading researcher with expertise in heat and mass transfer, phase change and metallurgical transformation in high temperature systems.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Site managers 
• Engineers and mechanics
• Technicians and construction workers

DigiTech

EXCEPTIONAL CANDIDATES

Founder and/or inventor of deep technology IP associated with digitech.

Expert in human-centred design and design thinking, experienced in designing sites, apps and online optimization strategies for high end IT firms.

Chief Information Security Officer driving intiatives in virtualization, Cloud, Internet of Things and cybersecurity across entire corporations.

STRONG CANDIDATES

Entrepreneur of an award winning video games developer company that has developed a number of original titles target at wide ranging international audiences.

Researcher and expert in software, platforms, game engine and AR/VR/XR tech including exemplary coders.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Business analysts, developers and ICT consultants without international experience.
• ICT support centre managers.

Infrastructure

EXCEPTIONAL CANDIDATES

Chief operating officer of a national freight company with expertise in large scale and complex interstate railroading operations.

Chief commercial officer of a commercial airline with a global reputation in developing new aviation business models. 

STRONG CANDIDATES

Internationally recognised expert in railway operations, instrumental in the success of multiple large-scale, government led railway and transport infrastructure projects in a number of countries.

Managing director of an innovative company known globally for sports products and infrastructure for international championships including the Olympic Games.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Engineers
• Mechanics
• Draftspersons

Tourism

EXCEPTIONAL CANDIDATES

Chief commercial officer of a commercial airline with a global reputation in developing new aviation business models.

STRONG CANDIDATES

Managing director of an innovative company known globally for sports events and international championship events.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Tour guides, travel agents and hospitality workers
• Taxi and rideshare drivers

Financial Services and FinTech

EXCEPTIONAL CANDIDATES

CEO and founder of a digital asset and financial services enterprise, globally recognised for their outstanding innovation through successful application of business models and technology.

STRONG CANDIDATES

Executive of a multinational corporation operating in global financial ICT strategy consulting, artificial intelligence and cloud strategy development, risk and insurance market operations, or global financial services operating models.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Traditional bankers (except c-suite executives for major financial institutions)
• Retail bankers
• Accountants and account managers
• Financial advisors
• Stockbrokers
• Insurance brokers and sales managers
• Chief financial officers (unless a leader in a priority sector)

Education

EXCEPTIONAL CANDIDATES

An executive with a track record in setting up university centres abroad, with expertise in establishing global collaborations and partnerships across government, academia and research.

Renowned level E academic and winner of prestigious prizes. 

STRONG CANDIDATES

Senior technology manager of a globally renowned aeronautical research and development centre leading multiple portfolios on defence products.

NOT USUALLY ELIGIBLE

The following experience or professions would not usually meet the parameters of the program:

• Researchers and academics at Australian academic levels A to C or their international equivalents, in fields other than education or pedagogy
• School teachers 
• Specialist teachers
• School administration staff

Is This You?

If you fit into any of the above categories, you could be an excellent contender for an Australian Global Talent Visa. Contact Work Visa Lawyers today to see if you have a shot at the country’s most sought after visa.

Author

Chris Johnston, Founder and Principal Lawyer at Work Visa Lawyers

Sources:

https://www.globalaustralia.gov.au

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.

You can also subscribe our Facebook: WORK VISA lawyers

Disclaimer

This information is correct at the time of publication but is subject to change without notice.  All information provided on this page is provided for purely educational purposes and does not constitute legal advice.  For advice on your situation, please speak with an Immigration Lawyer or a Registered Migration Agent.

This article is regularly updated. Last updated: Friday, 12th January 2024

As a permanent residency visa with relatively short processing times, the Global Talent Visa is as close to the gold standard of Australian visas as you can get. So why is your Expression of Interest (EOI) taking so long?

Click here to learn the criteria for the Global Talent Visa

Applying for the Global Talent Visa is a two-part process. Eligible applicants are required to submit an EOI setting out how they fulfil the eligibility criteria and, if they receive an invitation to apply for a visa, they can then submit an application. The processing of the EOIs used to be from a few days to 3 months if prioritised.While The processing times have lengthened in the last few months and, the visa applications themselves are still being processed in a matter of weeks anywhere between 6-11 months (as of January 2024).

Consideration of EOIs, on the other hand, has slowed substantially in the last year. Due to the overwhelming popularity of the Global Talent visa, the Department is receiving far more EOIs than they can process quickly. As of the start of September 2021 the Department advised that they are still considering EOIs received in October 2020 – a backlog of around 11 months. However, the processing times of the EOI has improved and as of the start of January 2024, the EOIs being considered are those submitted in September 2023. 

Those who did not provide sufficient information and documentation may have their applications delayed.

Historically, EOIs for certain sectors have been processed faster than others – financial services and FinTech being the fastest at around 2 months and AgriTech the slowest at about 5-6 months. However, we are currently seeing a slowdown across all sectors. Based on what we are seeing, EOIs for applicants with a strong salary (>AUD250,000) are being decided much faster than those with a salary only marginally higher than the Fair Work High Income Threshold (currently, AUD167,500).

The Global Talent visa is still the best visa option available for eligible applicants and the sooner you get your EOI submitted the sooner it will be decided upon.

You can fill in your details in our online form here for a free assessment of your prospects of receiving an EOI for the Global Talent visa.

Read more about the Global Talent Visa Program here.

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.

You can also subscribe to our TikTok.  

Disclaimer

This information is correct at the time of publication but is subject to change without notice. All information provided on this page is provided for purely educational purposes and does not constitute legal advice. For advice on your situation, please speak with an Immigration Lawyer or a Registered Migration Agent.

This article is updated regularly. Last updated: Friday, 5th January 2024

At Work Visa Lawyers, we understand that the Government’s processing times are important to your expectations and how you plan your life. Unfortunately, as with all visa processes, these are difficult to predict and are never guaranteed. We write about our experiences across many Global Talent visa applications, to help you to gain an understanding of the processing times which might lie ahead if you choose to pursue a Global Talent visa.

Since the outbreak of Covid, thousands of international students have been stranded overseas. Most of them choose to continue their studies online while they are in their home country but this raises the question... if the Student Visa expires during this time, do you need to apply for another Student Visa?

In a media release from the Australian Government on 23 August, it has been confirmed that the Australian Agriculture Visa will go ahead in 2021. In the statement it was announced that new Regulations would be in place by the end of September 2021. Speculation about the promised visa has been widespread since Australia’s Minister for Agriculture, Drought and Emergency Management, David Littleproud, announced in June that it would be coming soon. We wrote an article about the Agriculture visa at the time of the announcement, based on Minister Littleproud’s assertions, but the scope of the visa seems to have expanded substantially over the last few months creating more places in more industries.

我有资格申請吗？

要将您的父母带到澳大利亚，您首先要滿足作爲兒女的擔保要求。作爲兒女，您需要：

• 是澳大利亚公民、澳大利亚永久居民或符合条件的新西兰公民；
• 在澳洲居住2年以上；
• 通过家庭平衡测试；和
• 至少有 1 个但不超过 3 个符合条件的担保人（經濟担保人）

If you're an engineer, getting a nominator just got easier! In positive news for engineers with who fit the Global Talent visa criteria, Engineers Australia has been accepted as a certified nominating organisation for the Global Talent visa program. This means engineers who could not find a suitable nominator for the Global Talent visa can now apply to EA for a nominator.

On 15 April 2021, the Minister for Immigration gave a directive to expand the definition of “character reasons” as a reason for visa cancellation.  The new rule, Ministerial Direction 90, focuses on family violence and means some Australia visa holders who were previously ok to stay, could have their visas cancelled.

Australia’s Minister for Agriculture, Drought and Emergency Management David Littleproud, has announced an agriculture visa will become available in 2021.  The new visa is a result of Australia’s trade discussions with the UK in which it was agreed that British backpackers would no longer be required to work on Australian farms to retain their visas.  The arrangement will release British tourists from often undesired requirement, and provide an opportunity for other travellers to visit Australia.

While Covid is keeping most Australian states and territories closed for offshore applicants, South Australia announced in May 2021 that it is now considering sponsoring offshore applicants for 491 and 190 visas.