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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.

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.

The Australian Government’s Department of Home Affairs introduced a new program in 2019 to boost the movement of highly skilled individuals from around the world to Australia.

This includes a fast-tracked pathway to Australian permanent residency for applicants with globally recognised talent in a target sector.

This is one of the first programs of its type where Australia is actively hunting talented people and asking them to come to Australia.

This is an older article. Click here to learn the criteria for the Global Talent Visa

The Visas for Innovation include the following three programs:

1. Global Talent Visa program (subclass 858 visa)

A pathway for talented individuals to get an Australian visa fast

2. Global Talent Employer Sponsored program (Temporary Skills Shortage visa, Subclass 482 visa)

A program helping Australian businesses fill unique positions with the best workers

3. Supporting Innovation in South Australia pilot (subclass 408 visa)

Attracting entrepreneurs to regional Australia to undertake their projects in a supported environment - this pilot program ends November 2021

Each of these programs uses a new pathway for an old visa.

These new pathways are seeking to increase the Australian workforce capabilities in high-tech industries.

Up to 15,000 places will be offered in the Global Talent program in 2021-22.

Global Talent Independent Visa (GTI) (subclass 858 visa)

NOTE: the Global Talent Independent Visa was renamed the "Global Talent Visa" in 2020.

The benefits of the Global Talent Independent Program is that it is fast, flexible and straight-to-PR. Find out why the GTI is so popular here.

It presents a great opportunity for a highly-skilled professional in a high-growth area to move to Australia permanently.

The Global Talent scheme was launched 4 November 2019 and is built on the existing Distinguished Talent program, comprised of:

• Offshore Distinguished Talent visa (subclass 124)
• Onshore Distinguished Talent visa (subclass 858)

Fast Processing

At the Law Council's Immigration Law Conference on 20 March 2020, respresentatives from the Department of Home Affairs stated that applications under the GTI program are being given priority processing. Processing times vary from 2 day to 2 months with many being decided in one to two weeks!

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (as he then was) David Coleman has also signed Direction no 85 to give high priority to GTI applications as they are considered to be highly desireable by the Government.

GTI Requirements

1. Highly skilled in one of the identified target “high-growth” sectors:

2. One of the following:

• “Ability to attract” a salary at or above the Fair Work High Income Salary Threshold (this varies each financial year and is AUD158,500 as at 01 July 2021) or
• Recent graduate of PHD or a Masters program who received high grades.

The program is designed to have global talent officers situated around the world in capital cities such as Dubai, New Delhi, Santiago, Shanghai, Washington DC, Berlin and Singapore.  These officers are seeking to attract and engage highly skilled individuals to the program to move to Australia and bring their skills with them.

Currently there are allocated 15,000 places in the GTI program which are up for grabs so if you’re a leader in your field, make sure you get your place to move to Australia.

Watch our video: Fast Track to Australian PR Now: GTI visa for Tech and IT sectors

High-Growth Fields

Agricultural Technology (AgTech)

AgTech is one of the fields identified for the Global Talent Independent Program.

Australia is looking to push the boundaries of “Agriculture 4.0”.

Growth through the Internet of Things (IOT) has been identified as an area for further explanation, with big advantages to flow for the agriculture industry.

https://www.austrade.gov.au/news/success-stories/agtech-in-australia-driving-iot-connectivity-for-farming

Financial Technology (FinTech)

FinTech is a growing field worldwide, including in Australia.

We have seen the rise of a range of:

• Modern banks such as Up, Xinja and 86,400
• Investing platforms such as Raiz, eToro and Spaceship
• Payment platforms and digital financial products, including AfterPay
• Regtech and many many other FinTech products in Australia

To develop cutting edge technologies which will function in not only the Australian financial market, but which can be exported to overseas markets, Australian FinTech startups and companies need the highest level of talent.

If you are a developer, computer scientist or financial expert with a background in FinTech, a permanent move to Australia through the GTI program could be the way to go.

Experience and skills in blockchain are especially sought after.

Medical Technology (MedTech)

There is innovation globally in the medical technology field, using technologies both existing and developing.

From a range of industries to create technologies that better serve the health needs of patients.

In Australia, there are big opportunities in developing new and better medical devices, implants and bionics.

There is work to be done in designing, building and quality assurance on new implants and body augmentations

to help those with serious health problems to live a better life.

Key foundation competencies are needed in engineering and product design in the MedTech field.

Cyber Security

Cyber Security is very important to many businesses and government Departments, ensuring that data, personal information, commercial information and funds remain secure.

With more and more connections to the internet and a growing number of attacks on private and public bodies, new Cyber Security solutions are needed and there are more positions in Australia than can be filled. 

Energy and Mining Technology

Australia has a rich and varied history of energy, mining and resources industries.

There is room for further development in mining equipment, technology and services (METS).

Global talents are being sought who can bring skills to Australia to push the METS industry even further.

The CSIRO have released a roadmap for where they see development of METS heading.

Space and Advanced Manufacturing

South Australia has recently been set up as the home for the new Australian Space Agency and space industry entrepreneurs will benefit greatly from this.

There are a range of interesting startups already underway, looking at microsatelites and other services in the space and space-adjacent industries.

Applicants who have experience working with the development of sensors, advanced materials, robotics and augmented/virtual reality systems

will have skills which are highly valuable.

One of the advantages of operating in Australia, especially in the advanced manufacturing industry, is the access to nearby asian countries.

Timezones, close proximity and existing networks make Australia a positive environment.

If you are a global talent in the advanced manufacturing industry, this program might be a suitable way for you to obtain a permanent Australian visa

and work for an established company or establish your own.

Quantum Information/Advance Digital/Data Science and ICT

There is a lot of research taking place in advanced computational systems and the field of “big data”.

There is demand for high level talent with experience and aptitude in the area to make big breakthroughs.

Global talents are sought by universities, government research organisations and private industry to develop and apply quantum information/advance digital/data science and ICT.

Global Talent Employer Sponsored (GTES) (TSS subclass 482 visa)

The GTES is an option for businesses to sponsor highly skilled workers who do not fit neatly into atarget sector. It has been open for applications since 1 July 2018.

We have previously written about this in depth here: https://www.workvisalawyers.com.au/news/all/new-global-talent-visa-as-part-of-tss-482-to-attract-entrepreneurs-to-australia.html

A number of big tech and adjacent industry names are already registered as sponsors for this program (all current agreements are published here: https://immi.homeaffairs.gov.au/visas/employing-and-sponsoring-someone/sponsoring-workers/nominating-a-position/labour-agreements/list-of-current-labour-agreements)

These include:

• Atlassian
• Goldman Sachs
• Canva
• Amazon
• Pfizer

One of the big benefits of this program is the skills which highly skilled individuals can pass on to their colleagues in Australia.

https://www.afr.com/politics/federal/high-skilled-visa-scheme-promises-residency-within-weeks-20191102-p536vt

There are two streams for the GTES program:

• Established Business stream
• Startup stream

Supporting Innovation in South Australia (SISA) (subclass 408 visa)

The SISA program is a new stream for the 408 visa and an opportunity for entrepreneurs to develop their new idea in South Australia.

This program has actually been in force since November 2018. We wrote about this soon after its release here: New South Australian Entrepreneur Visa (SISA) Processing Times & Requirements

Success Stories

One success story is Daniel Tan, the founder of Pencil Rocket who has obtained a SISA visa in connection with ecosystem provider Flinders New Venture Institute.

You can read Daniel’s story here: https://www.nviflinders.com.au/daniel-sisa-visa/

Another is Pascal, founder of Jobspottr: https://www.nviflinders.com.au/pascal-sisa-visa/

Sources

• https://immi.homeaffairs.gov.au/visas/working-in-australia/visas-for-innovation
• https://www.migration.sa.gov.au/resources/faq/supporting-innovation-in-south-australia-sisa
• https://www.nviflinders.com.au/daniel-sisa-visa/
• https://migration.sa.gov.au/entrepreneur/eligibility-criteria-and-requirements

This article was written by Luke Edwards

Visit Luke's profile to find out more his expertise.

Friday, 12 January 2018

457, RSMS and ENS visa News | Partner Visa News | Australia Immigration Department News | State Sponsorship News | Citizenship | English Requirements News

Welcome to 2018! The year of 2017 had the most changes and announcements on Immigration Policy that I can remember. Here is our recap of the significant changes to the migration programme for Australia in 2017 and some of the discussions and ongoing developments for 2018.

The Immigration News in 2017 has been dominated by the announcements in April 2017 regarding the 457 and skilled occupation list changes and the proposed changes to Australian Citizenship application requirements.

The planning levels for permanent visas continue to be significant, at 190,000 permanent visas to be granted. The planning levels control the numbers of Australian permanent visas that are granted each year. If application numbers exceed planning levels, expect a longer processing time for your visa application.

I am going to make comments below about news in relation to a wide range of visas including business, skilled, visitor and family visas.

Starting from 1 March 2017, applicants from Vietnam can now apply for the Work and Holiday visa to travel and work in Australia at the same time. The visa is valid for up to a year with a second application possible to extend your stay for another year. Read more about applying for a second Work and Holiday visa here.

The subclass 462 Work and Holiday visa is for young travellers aged 18 to 30 from the following countries:

Earlier today news broke that former Adelaide gang leader Vince Focarelli has received a Notice of Intention to Consider Cancellation (NOICC) from the Department of Immigration and Border Protection (DIBP). The Minister of Immigration, Peter Dutton has exercised visa cancellation powers granted to him under section 501 of the Migration Act 1958.

Visa Cancellations in Numbers

Since the power to cancel visas was amended in December 2014, there has been a large increase in visa cancellations compared to the previous period. The number of visas cancelled under section 501 of the Migration Act increased from 76 cancellations in 2013-14 to 983 cancellations in 2015-16. The Commonwealth Ombudsman published a report about the Minister’s new cancellation powers and identified various issues which have placed visa holders facing visa cancellation and deportation various hardships and difficulties. The report also provides a few recommendations which demonstrate the need for the cancellations powers to be exercised with consideration.

Further reading: Increase in Australian Visa Cancellations for Character Reasons such as Criminal Convictions

Applicants applying for the General Skilled Migration (GSM) visas – subclass 189 Skilled Independent, subclass 190 Skilled Nominated and subclass 489 Skilled Regional Sponsored visas, will need to meet points test requirements to be eligible to receive an Invitation to Apply. Applicants applying for Employer-Sponsored visas such as the 457 visa, RSMS 187 visa and the ENS 186 visa may also need to meet English testing requirements to successfully obtain a work visa.

There are many types of English tests which you can take to demonstrate your English ability, but the IETLS and TOEFL English exams have been the traditional English tests for Australian visas. Many prospective visa applicants face difficulties with their English exams because of various reasons:

• English not being the first language or mother tongue

• Not familiar with the exam format and time limits

• Not practicing with specimen materials before attempting the exams

In an earlier blog published in June this year, it was mentioned that the Department of Immigration and Border Protection (DIBP) has been getting tougher in relation to the processing of visa applications and monitoring of granted visas. Six months later the trend seems to be continuing where the DIBP is looking to tighten policies surrounding the Australian visa programme.

Changes to the Occupation Lists – Skilled Occupation List (SOL), Consolidated Skilled Occupation List (CSOL), Regional Sponsored Migration Scheme (RSMS) Occupation List, 457 visa occupation list

There has been recent talk about possible changes to the Skilled Occupation List (SOL) with a suggestion that 52 occupations will be removed. The occupations reportedly under scrutiny include:

• Production Manager (Mining)
• Accountant (General)
• Management Accountant
• Taxation Accountant
• Actuary
• Land Economist
• Valuer
• Ship’s Engineer
• Ship’s Master
• Ship’s Officer
• Surveyor
• Cartographer
• Other Spatial Scientist
• Chemical Engineer
• Civil Engineer
• Geotechnical Engineer
• Quantity Surveyor
• Structural Engineer
• Transport Engineer
• Electronics Engineer
• Industrial Engineer
• Mechanical Engineer
• Production or Plant Engineer
• Aeronautical Engineer
• Agricultural Engineer
• Biomedical Engineer
• Engineering Technologist
• Environmental Engineer
• Naval Architect
• Medical Laboratory Scientist
• Veterinarian
• Medical Diagnostic Radiographer
• Medical Radiation Therapist
• Occupational Therapist
• Podiatrist
• Speech Pathologist
• General Practitioner
• Anaesthetist
• Cardiologist
• Endocrinologist
• Gastroenterologist
• Intensive Care Specialist
• Paediatrician
• Obstetrician and Gynaecologist
• Medical Practitioners (nec)
• Barrister
• Solicitor
• Psychotherapist
• Psychologists (nec)
• Chef
• Boat Builder and Repairer
• Shipwright

Source: SBS

While these occupations are flagged for removal there is no certainty that they will be removed. However with the current trend of tightening the door on migration to Australia, prospective visa applicants are urged to submit an application as soon as possible to avoid any negative impact policy changes.

What does it mean if my occupation is removed from the SOL?

When your occupation is removed from the SOL it means that you will be unable to apply under the Skilled Independent subclass 189 visa or the Skilled Regional Sponsored (Relative) subclass 489 pathways. Instead you will need to apply via the Skilled Nominated subclass 190 or the Skilled Regional Sponsored (State/Territory) subclass 489 visa pathways. This is assuming that your occupation is on the CSOL and relevant Australian state/territory occupation lists.

What about the CSOL and RSMS occupation lists?

DIBP may also make changes to the CSOL and RSMS occupation list. However it may not come as a surprise if changes are made, especially since the DIBP has been adopting a closing-the-door mentality to the migration programme.

Changes to the 457 visa occupation list

The Minister for Immigration Peter Dutton recently spoke to the media and mentioned that the 457 visa occupation list will be “condensed”, signalling a potential shortening of the list and removal of some occupations. Although the occupations to be removed have not been specified, occupations which have been monitored heavily by the DIBP such as Café and Restaurant Manager, Chef, etc. may be likely to be removed from the 457 occupation list. Read our previous blog on the topic here.

Leaked discussion papers indicate a possibility of universal two-stage visas for migrants to Australia

On 30 November 2016 media reported a leaked Cabinet document which discusses the probability of a universal two-stage visa process for all migrants looking to migrate to Australia. This means that all migrants will have to undergo a provisional visa stage before being granted a permanent visa.

While it is stated that the cause for such a change is to ensure migrants are able to assimilate and adapt to the Australian way of life, the Department of Social Services have indicated a fear of creating social divisions between Australians and migrants.

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

There are currently a large number of visas where applicants obtain permanent residency immediately upon visa grant. These visas include the subclass 189 Skilled Independent visa, the subclass 190 Skilled Nominated Visa, the subclass 187 RSMS visa, the subclass 186 Employer Nomination Scheme (ENS) visa, the subclass 143 Contributory Parent visa, the subclass 858 and subclass 124 Distinguished Talent visa and the subclass 132 Business Talent visa. The proposed changes will enforce a provisional visa stage for the visa applicants above. This means a delay in Medicare eligibility, and possibly the need to pay international student fees for school-age children. Essentially the attractiveness of the visas is reduced.

From a migration perspective this means that migrants may be facing checks at three separate stages. Migrants will be assessed at:

• the initial visa application stage
• the provisional visa to permanent visa application stage
• the permanent visa to citizen stage

During the application stages above it provides the DIBP an opportunity to conduct checks on a migrant and their suitability for further stay in Australia. With the increasing emphasis of s501 – Character and PIC 4020 – Bogus and Misleading Information, migrants will need to be very careful to ensure all documents and information submitted to the DIBP are accurate and genuine.

Section 501 of the Migration Act 1958 – Visa cancellation powers

Section 501 part (3A) of the Migration Act allows the Minister of Immigration to cancel provisional and permanent visas when a visa holder fails the “character test”. This would apply to provisional and permanent visa holders who:

• are charged with a sexual offence involving a child;
• have a substantial criminal record, which includes:
  • receiving a death sentence
  • receiving a sentence of life imprisonment
  • sentenced to a term of imprisonment of 12 months or more (can be cumulative)
  • plead of insanity and detainment in a facility or institution
  • not being fit to plead, but found guilty of an offence and detailed in a facility or institution

The application of such powers was evidently demonstrated when convicted bikies and other charged criminal offenders had their visas cancelled and were forced to leave Australia.

It is expected that the DIBP will continue to utilise this cancellation power to remove visa holders who are of negative influence or character. The DIBP will be checking on visa holders at the visa and citizenship application stages, as mentioned in the earlier paragraph.

Sources:

http://www.sbs.com.au/yourlanguage/punjabi/en/article/2016/11/21/52-jobs-may-get-removed-skilled-occupation-list

http://www.smh.com.au/federal-politics/political-news/leaked-cabinet-papers-warn-secret-visa-overhaul-would-create-twotier-society-increase-violent-extremism-20161129-gt0h7s.html

http://www.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s501.html

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

The trend in policy changes from the DIBP is that the doors are closing. There have been knee-jerk reactions to the 457 visa abuse reported earlier in the year and thus the DIBP is taking a tough stance to all visa applications and compliance with visa and sponsorship obligations. In fact Australia was recently mentioned in a travel article to be one of the toughest customs and immigration authorities in the world.

The current DIBP mentality also means that visa applicants and sponsors should not think that they are safe from scrutiny once a visa application is complete. There have been increasing reports of compliance monitoring for sponsored work visas, especially in the hospitality industry. Provisional and permanent visa holders are also subject to monitoring as mentioned in the section 501 write-up above.

These policy discussions and changes indicate a “closing-the-door” trend and are in stark contrast to Canada, a country similar to Australia in terms of geography (large land mass but concentrated population in a few areas) and economy. Just yesterday the Canadian government announced a new Global Skills Strategy programme which will target highly skilled migrants and encourage them to move to Canada. If Australia continues to tighten its migration policies, we will be losing out in terms of attracting skilled and highly qualified professionals from overseas, which will help in boosting the Australian economy, innovation and cushion the effect of our aging population.

This information is accurate on 2 December 2016

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.

The state of New South Wales (NSW) has announced its state nomination criteria for the Entrepreneur visa. This makes NSW the first state or territory to start accepting applications for nomination under the Entrepreneur visa. No other Australian state or territory has published their criteria as yet.

The NSW criteria is summarised as below:

- You will need to meet the eligibility criteria as outlined by the Department of Immigration and Border Protection

- You must submit a business plan detailing your entrepreneurial venture

- The NSW State Department must approve your business plan and be satisfied that the outlined venture will develop an enterprise or business in NSW, or commercialise a product or service in NSW

- You must have sufficient assets for settlement in NSW

You should also read up on the additional explanation provided by the NSW State Department about the complying entrepreneurial activity and acceptable funding here.

As described by the NSW State Department:

“NSW Entrepreneur visa nomination criteria continue to demonstrate our commitment to make Sydney and NSW a competitive business migration destination by making it simple and easy for potential Entrepreneur visa applicants.”

“As Australia’s capital of innovation, NSW is committed to making it easier for talented entrepreneurs to migrate and settle in Sydney and NSW.”

If you need further clarification about the NSW state nomination criteria for the Entrepreneur Visa you can arrange a meeting with the multilingual Business Migration Relationship Officers in the NSW State Department. You will be able to contact them by:

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

Call: +61 (2) 9934 0704 (9:00 am – 5:00 pm AEDT Monday to Friday).

Alternatively contact Work Visa Lawyers to assess which business or investment visa option is more appropriate for your circumstances. Our Registered Migration Agents are familiar with all business and investment migration visa options, and will be able to explain the visa requirements and application procedures to you.

Sources:

http://www.industry.nsw.gov.au/live-and-work-in-nsw/visas-and-immigration/business-migration/state-nominated-visa-categories#1

http://www.industry.nsw.gov.au/__data/assets/pdf_file/0004/92479/entrepreneur-visa-criteria.pdf

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

New South Wales has acted swiftly to attract more investment into the state. As the number one business and investment migration destination in Australia, the quick action to establish and announce the nomination criteria will further attract entrepreneurs to set up in New South Wales.

The criteria announced are very generous and do not add more difficulty above the Department of Immigration and Border Protection (DIBP) requirement. The big benefit may be those who assist with writing business plans as a strong business plan is essential for a NSW nomination approval.

The remaining Australian states and territories need to launch their nomination process as soon as possible before the majority of eligible entrepreneurs head to New South Wales under the Entrepreneur visa. Otherwise they might have to introduce a looser requirement to attract entrepreneurs at a later stage.

This information is accurate on 28 October 2016

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.

A new Temporary Activity Visa Framework for Australia will commence on 19 November 2016. With effect from 19 November 2016 there will only be four temporary activity visas, namely:

- Subclass 400 Temporary Work (Short Stay Specialist)

- Subclass 403 Temporary Work (International Relations)

- Subclass 407 Training

- Subclass 408 Temporary Activity

The new framework will also remove the following visa subclasses:

- Subclass 401 Temporary Work (Long Stay Activity)

- Subclass 402 Training and Research

- Subclass 416 Special Program

- Subclass 420 Temporary Work (Entertainment)

- Subclass 488 Superyacht Crew

The streamlining of the temporary activity visa programme is part of the Australian Government’s plan to improve the efficiency of processing visas.

While the regulations have not been officially released by the Department of Immigration and Border Protection (DIBP), the following information has been provided in briefings:

- Visa application charge (VAC) for all four subclasses will be A$ 275.00

- All applications should be lodged online. Paper applications are only available for the Subclass 403 visa

Further descriptions about the four visas are available from the DIBP website:

Subclass 400 Temporary Work (Short Stay Specialist) visa

This visa would be for people who want to come to Australia on a temporary basis to:

• undertake short-term, highly specialised, non-ongoing work
• in limited circumstances, participate in an activity or work relating to Australia’s interests.

There is no need for sponsorship for this visa. The visa will be granted for a maximum of 3 months stay.

Subclass 403 Temporary Work (International Relations) visa

This visa would be for people who want to come to Australia on a temporary basis:

• in relation to a bilateral agreement
• to represent a foreign government or to teach a foreign language in an Australian school
• to undertake full-time domestic work for a diplomat
• as a person with statutory privileges and immunities
• to participate in the Seasonal Worker Programme.

Subclass 407 Training visa

This visa would be for people who want to come to Australia on a temporary basis to undertake occupational training or participate in classroom based professional development activities.

The subclass 407 Training visa involves Sponsorship, Nomination and Visa Application. The training provider will be the sponsor of the occupational trainees. Applicants will need to demonstrate functional English and the maximum stay for this visa is 24 months.

PhD students, university researchers and academics will now apply under the subclass 408 Temporary Activity visa.

Subclass 408 Temporary Activity visa

This visa would be for people who want to come to Australia on a temporary basis to:

• work in the entertainment industry
• participate in a non-ongoing cultural or social activities at the invitation of an Australian organisation
• observe or participate as an academic in a research project
• undertake full-time religious work
• participate in a special programme to enhance international relations and cultural exchange
• participate in high-level sports (including training)
• work in a skilled position under a staff exchange arrangement
• participate in an Australian government endorsed event
• work as a superyacht crew member
• undertake full-time domestic work in the household of certain senior foreign executives.

Sponsorship for this visa is required if the application is lodged onshore. Offshore applications will also require sponsorship if the stay required is longer than 3 months. Offshore applications applying for stay periods lesser than 3 months will not require sponsorship. Nomination applications are not necessary for this visa.

Important Note:

Temporary activity visa applications lodged before 19 November 2016 will be processed under current legislation. If a visa application is made on or after 19 November 2016, you will be unable to link the visa application to a previously approved nomination. In other words you will need to resubmit a nomination before you can submit the visa application.

Sources:

https://www.border.gov.au/Trav/Work/temporary-activity-visa-changes

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

The new temporary activity visa framework is a step in the right direction to streamline visa applications and allow visa applications to be processed faster. However it is worth noting that when the Student visa programme underwent a similar streamlining process the transition was less than smooth for many applicants. There were reported delays that many student visa applications took longer than expected, and were processed slower compared to the previous programme. Hopefully the transition for the temporary activity visas will be smoother this time around.

This information is accurate on 14 October 2016

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.

Prime Minister of Australia, Malcolm Turnbull has announced new visa pathways for innovative entrepreneurs under the new National Innovation and Science Agenda. Australia has recently been ranked low among global innovation standards and this announcement seems to cater to the concerns of the lack of innovation in Australia.

According to the strategy announced, changes to the Australia migration programme will include the following:

1) Postgraduate by research graduates will receive additional points for General Skilled Migration visa applications

Many postgraduates find themselves short of points when applying for General Skilled Migration (GSM) visa as they lack work experience. With the newly announced changes, postgraduate by research graduates in science, technology, engineering and mathematics (STEM) will receive extra points which will provide more options for permanent residency in Australia after their studies.

2) New Entrepreneur Visa will provide overseas entrepreneurs with a pathway for Australian permanent residency

This new visa category will allow overseas entrepreneurs with innovative ideas to apply for a provisional visa with a pathway to permanent residency upon fulfilling criteria such as business growth and creation of jobs. To qualify for the Entrepreneur visa you will have to:

• Gain financial backing from a third party, which will likely be assessed by the newly created Innovation and Science Australia (ISA)
• Possess an innovative and high-growth potential idea that can be implemented in Australia

The new Entrepreneur Visa is planned to be introduced in November 2016. Work Visa Lawyers will bring you more updates as it becomes available.

It is likely that the new Entrepreneur Visa will be categorised as part of the Business Innovation and Investment programme. While the new visa option will not be available until end of 2016, applicants are encouraged to consider current options such as the 188 and 132 visas that may provide a more suitable pathway to permanent residence in Australia. You can view the summary of current business visa options here.

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

While it is still some time away before the changes take place, the changes announced look to benefit aspiring migrants and international graduates who want to make Australia their home. By attracting high-calibre and innovative entrepreneurs, Australia’s innovation standards can only improve while local jobs and investment will increase.

As such some applicants may find themselves with different visa options and may not realise the most efficient pathway to Australian permanent residency. Arrange an appointment with Work Visa Lawyers and we will be able to explain your visa options to you, and advise the best way forward specific to your individual situation. Seeking professional and accurate advice before your visa application will save you costs in fees and time, and ensure a proper application is made.

This information is accurate on 14 December 2015

Source:

1. http://www.news.com.au/finance/economy/australian-economy/malcolm-turnbull-unveils-innovation-package-to-lure-migrants-and-boost-australias-science-and-technology/news-story/4ec71fb43db5d4416fc32ef97c4ee61e
2. http://www.innovation.gov.au/page/agenda
3. http://www.innovation.gov.au/system/files/case-study/Factsheet%2021%20-%20Supporting%20innovation%20through%20visas.pdf

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 Migration Review Tribunal, Judicial Review and Ministerial Intervention.

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

(08) 8351 9956 or +61 8 8351 9956

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The Australian mining and resources sector has been hit by falling mining commodity prices globally. Vacancies and jobs in the mining sector are diminishing. Many overseas engineers and other mining related professionals who were hired to work in Australia on temporary 457 work visas face the daunting prospect of having their contract terminated and asked to leave Australia. Some have come to Australia with their family and the prospect of moving the family again may be disruptive to the family’s growth, especially for the children.

There are two clear options available to an engineer or mining professional in this situation - pack the bags and head home; or look for a different Australia visa to continue living in Australia.

What are the options for a new Australia visa application?

Most mining professionals affected by the industry downturn should consider other skilled visa applications, such as Skilled Independent or Skilled Sponsored visas. These visa pathways are not reliant on an employer’s sponsorship but instead allow professionals to apply for a permanent or temporary Australian visa based on their own qualifications, work experience and English ability. This means that you can transition from a temporary 457 work visa to a permanent Australian resident visa. Mining professionals that could qualify include:

• Production Manager (Mining)
• Chemical Engineer
• Civil Engineer
• Geotechnical Engineer
• Mining Engineer
• Petroleum Engineer
• Metallurgist
• Metallurgical or Materials Technician
• Mine Deputy

The list above is not exhaustive. You should also note that the skilled migration programme has numerous criteria so it is best that you check your eligibility first before applying.

Don’t wait until it is too late!!

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

We have had a number of professionals working in the mining industry coming to see us in relation to the situation described above. They have made a good decision. When your employment ceases while you hold a 457 visa, you may have just 90 days to do any of the following:

• find another employer to sponsor you (they need to lodge a nomination)
• apply for a different visa
• make arrangements to leave Australia.

It is very important to take note of the 90 day period. If you were to lodge a separate visa application there may be documents or components that you may need to prepare before you can submit an application for a different visa. These documents or components could include:

• taking English exams such as IELTS
• skills assessments (which can take more than 3 months to complete)
• state sponsorship

Therefore TIME is really of essence in this situation. Seek advice on your options as soon as possible to avoid being unlawful by staying in Australia beyond the 90 days given. Contact Work Visa Lawyers if you are caught in such a predicament.

This information is accurate on 17 June 2015

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 Migration Review Tribunal, Judicial Review and Ministerial Intervention.

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

(08) 7225 5091 or +61 8 7225 5091

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

China reduces threshold to attract more skilled migrants! Australia faces more competition in attracting skilled migrants!

A recent joint statement released by the Communist Party of China Central Committee Organization Department, the Ministry of Human Resources and Social Security and the State Administration of Foreign Experts Affairs has indicated a pursuit of overseas talent by a country that traditionally has a net emigration rate and suffers from brain drain as talents pursue employment overseas. China only makes up for 0.4% of the total immigrant population in the world according to 2013 data¹. That means out of the total 231,522,200 migrants in the world, only 848,500 are in China. Australia records 2.8% (6,468,600) while Singapore (a country that consistently attracts overseas talent to settle and accumulate human capital) records 1.0% - 2,323,300 (impressive for a country with a population of only 5.4 million in 2013 and a country land size of 718 square kilometres). The announcement shows that China is looking to amass talented professionals and perhaps prepare for a predicted global workforce crisis according to this interesting article by the Boston Consulting Group (BCG).

According to the statement China will be looking to attract overseas talent by introducing preferential policies in visa applications, residence permits, settling in China as well as exit/entry convenience that was previously strict for overseas arrivals. More details will be provided by the authorities in the later part of the year.

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

The announcement made by the Chinese authorities basically means more competition for skilled workers in the region. According to the Department of Employment total employment for Australia is projected to increase by 838,100 (7.2 per cent) reaching 12,442,700 by November 2018². Net skilled migration is required to ensure the national workforce does not shrink to meet the expected demand.

To remain attractive for overseas skilled workers to settle in Australia, the Department of Immigration and Border Protection (DIBP) may need to consider its skilled migration policy settings and requirements, as well as further improve service standards for visa applications to be processed in a timely manner. A review of the temporary work visas are already underway as highlighted in our earlier article.

Source:

From the article - China further lowers threshold to attract overseas talent

http://www.chinadaily.com.cn/china/2015-01/25/content_19401866.htm

1. Trends in International Migrant Stock: The 2013 Revision

2. http://lmip.gov.au/default.aspx?LMIP/EmploymentProjections

This information is accurate on the 6 February 2015

Do You Need Help With Your Australia Visa Application?

At Work Visa Lawyers we are experienced in assisting applicants with visa applications for Skilled Migration including Independent and State Sponsored visas, state sponsorship applications as well as employer-sponsored visas.

If you require further information regarding a review or your appeal options you can contact us through:

 (08) 7225 5091 or +61 8 7225 5091

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

If you have recently completed your tertiary studies in December 2014, your student visa is likely to be expiring in mid-March 2015, just 2 more months down the road! If you have not sorted out your visa options for further stay in Australia you need to get started immediately. Read on to discover the options you have for extending your stay in Australia post-studies.

Apply for a 485 Temporary Graduate Visa if you are eligible

There are two streams to the 485 visa:

Graduate Work Stream

• For international students who graduated with a qualification related to an occupation on the Skilled Occupation List (SOL)
• Requires a positive skills assessment
• Valid for 18 months from the date of grant

Post-Study Work Stream

• For international students who graduate with a higher education degree from an Australian education provider, in any field of study
• Only applicable for students who applied for, and were granted their first student visa to Australia on or after 5 November 2011
• Can be granted for up to four years from the date of visa grant, depending on the visa applicant’s qualification

Other criteria require you to:

• have at least competent English
• meet the Australian study requirement

The subclass 485 Temporary Graduate Visa is a good option, but it is not available to all students. Many vocational course graduates miss out and may need to consider other options.

Apply for a Skilled Visa – Subclass 189, 190 or 489

It is possible that graduates can immediately qualify for a General Skilled Migration (GSM) visa. There are a range of factors such as having a positive skills assessment, good English skills and state sponsorship for recent graduates. Occupations that are possible to apply for a GSM visa because they do not require 1 year of experience include: Registered Nurses, Engineers and Accountants.

There are various factors to be considered for this pathway as each state and territory has their own sponsorship requirements and benefits (such as Chain Migration for South Australia); and nominated occupations must be on the skilled occupation list. South Australia is one of the states which strongly supports its own graduates in obtaining state sponsorship for further visa applications. Check with Work Visa Lawyers about the various state sponsorship requirements and their implications for your visa application.

Apply for a 457 Employer Sponsored Work Visa

You may have worked the 20 hours allowed per week during your studies and come across an employer who is willing to sponsor you for a work visa. This pathway requires a few stages of work as the employer needs to be an approved sponsor first before sponsoring you. Work Visa Lawyers assists in checking the eligibility of the employer to be a sponsor and the sponsorship application process. If you have an employer willing to sponsor you, do contact us immediately as the work involved before your visa application can take some time. To have an overview of the work visa application read our blog entry here. It is noteworthy that some employers may sponsor you for a permanent visa immediately.

Apply for a Partner Visa

During your studies you may have met someone who is an Australian or an Australian Permanent Resident. If the relationship is genuine and ongoing, you can consider applying for a Partner Visa. The timing of your application and having strong supporting evidence is important. It is advisable that you check with Work Visa Lawyers on your situation before lodging an application for a partner visa. Read here to understand more about Partner Visas.

Enrol in a new course for further studies to increase your skills

This option can be considered if you encounter the following scenarios:

• The course you recently completed does not meet the 2-year study requirement, or
• The course you completed has no suitable occupation to be nominated for a visa application

While this option is costly and you will not be applying for a permanent visa until you complete the new course, it allows you to stay on in Australia to evaluate your options later, as well as obtain another quality Australian qualification. Do note that there are no guarantees that the new course you enrol in will lead to a permanent residence visa.

To be granted a student visa, you will need to meet the genuine temporary entrant requirement. This requires that you study a course with the intention to return to your home country with the newly acquired skills.

Source:

Department of Immigration and Border Protection (DIBP) website

https://www.immi.gov.au/Visas/Pages/485.aspx

https://www.immi.gov.au/Work/Pages/SkillSelect/SkillSelect.aspx

https://www.immi.gov.au/Visas/Pages/457.aspx

https://www.immi.gov.au/Visas/Pages/801-820.aspx

This information is accurate on the 23 January 2015.  DIBP will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application.

Do You Need Help?

At Work Visa Lawyers we are experienced in assisting applicants with skilled visa applications such as subclass 189, 190, 489, 485, 457 visas as well as the Regional Sponsored Migration Scheme (RSMS). We also handle family visa applications including Partner, Parent and Child visas.

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

 (08) 7225 5091 or +61 8 7225 5091

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