South Australian Immigration News

Meet Australian Immigration Lawyer Chris Johnston in Colombo – Sri Lanka Migration Expo & Open Day 2026

Meet Australian Immigration Lawyer Chris Johnston in Colombo – Sri Lanka Migration Expo & Open Day 2026

Meet Australian Immigration Lawyer Chris Johnston in Colombo – Sri Lanka Migration Expo & Open Day 2026

Work Visa Lawyers is honoured to announce that Chris Johnston has been invited to Sri Lanka by Australia Future Centre to attend the Sri Lanka Migration Expo & Open Day.

Chris will be hosted by Australia Future Centre, a migration advisory and business supporting Sri Lankan professionals and families with their Australian migration.

If you are considering migrating to Australia, applying for permanent residency (PR), or exploring employer-sponsored visa options, this is a unique opportunity to receive trusted, up-to-date advice directly from an experienced Australian immigration lawyer.

Event Details

Sri Lanka Migration Expo
Date: 28 February 2026
Time: From 9:00am onwards
Location: Havelock City, Colombo
Cost: FREE
Registration via Google Form
Spots are limited, and registration is essential.

Why Attend the Sri Lanka Migration Expo & Open Day?

Australian migration law is constantly changing. Attending this event will help you:

  • Understand the best Australian visa options for 2026
  • Learn about permanent residency pathways
  • Discover employer-sponsored and regional migration opportunities
  • Ask direct questions to an Australian immigration lawyer
  • Avoid common visa mistakes that can delay your application

Whether you are already in Sri Lanka or planning your future overseas, this event is designed to give you clarity and direction.

Skilled Professionals: Your Australian Opportunity Starts Here

Australia continues to experience skills shortages across multiple industries. If you are a qualified and experienced professional in one of the following occupations, this event is especially relevant for you:

  • Motor mechanics
  • Nurses
  • Chefs
  • Engineers (Civil engineers and other engineering professionals)
  • Construction workers
  • Social workers
  • Quantity Surveyors
  • IT professionals
  • Healthcare managers

    Australia’s migration program strongly supports skilled professionals through state nomination and employer-sponsored pathways such as the Subclass 491, Subclass 190, Subclass 482, Subclass 186, Subclass 494 and DAMA programs.

    If you are serious about building your future in Australia, we encourage you to register and attend to learn how your occupation may fit within current visa programs. This is your opportunity to speak directly with Chris Johnston and understand your eligibility, migration strategy and next steps.

    National Innovation Visa (Subclass 858)

    We will also present detailed information about the National Innovation Visa (NIV), a direct permanent residency pathway for individuals with exceptional talent and international recognition.

    This visa is suitable for:

    • High-level entrepreneurs and founders
    • Investors
    • Researchers and academics
    • Experts in critical technologies
    • Leaders in innovation-driven industries

    The National Innovation Visa does not require employer sponsorship and is not points-tested. It is designed for individuals who can demonstrate exceptional achievements and the ability to contribute significantly to Australia’s economy and innovation ecosystem.

    If you believe you may qualify for this highly competitive visa, this seminar is an excellent opportunity to understand the eligibility framework and strategic approach.

    Who is Chris Johnston?

    Chris Johnston is an Australian Immigration Lawyer with 20 years of experience in migration law. He founded Work Visa Lawyers in 2011 and has helped thousands of individuals and businesses secure Australian visas, including skilled, employer-sponsored, partner, business, global talent and innovation visas.

    He is a leading educator in Australian migration law, delivering CPD-accredited training for the Migration Institute of Australia and the Law Society of South Australia, and currently serves as the South Australia President of the Migration Institute of Australia.

    Chris is also one of Australia’s original immigration content creators, with more than 180,000 followers across YouTube, TikTok, Instagram and Facebook. He is widely known for explaining complex Australian migration law in a clear, practical and easy-to-understand way.

    How to Register

    To secure your seat, please complete our Google Registration Form.

    Once registered, you will receive confirmation and further event details.

    We look forward to meeting you in Colombo and helping you take the next step towards your Australian permanent residency journey.

    For more information, please contact Australia Future Centre:
    Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
    Phone number: +94 77 880 7761 (Sri Lanka)

    Continue reading
    0 Comments

    February Immigration News 2026: An Anti-Immigration Party Is Rising, State Nomination Updates and the Best Australian Visas for 2026

    February Immigration News 2026: An Anti-Immigration Party Is Rising, State Nomination Updates and the Best Australian Visas for 2026

    February Immigration News 2026: An Anti-Immigration Party Is Rising, State Nomination Updates and the Best Australian Visas for 2026

    In this February immigration update, we focus on the information that will help you plan and apply for Australian permanent residency (PR) in 2026.

    This month’s key topics include:

    Watch the Full Video:

    Political Shift: The Rise of One Nation and Immigration Policy

    One Nation is now recording its second-highest approval rating. This is a major political shift that could ultimately lead to a reduction in immigration. This may negatively impact the chances of many people seeking Australian permanent residency.

    The Rise of One Nation

    To quote the Australian Financial Review on 1 February:

    “Following two weeks of Coalition infighting, first-preference support for One Nation has jumped to 26 per cent, up from 17 per cent in December. One Nation overtaking the Liberals and Nationals for the first time ….”

    In the same poll, Labor was at 34 per cent.

    What are the current immigration policies of One Nation?

    According to their website, One Nation’s migration policies include:

    • Capping visas at 130,000 per year — referring to permanent residency visas, which are currently set at 185,000 per year
    • Deporting 75,000 illegal migrants
    • Reintroducing Temporary Protection Visas (TPVs)
    • Proposing an eight-year waiting period for citizenship and welfare eligibility

    The history of One Nation began with an anti-immigration maiden speech by Pauline Hanson in 1996. There have been many ups and downs since then.

    In her maiden speech, she called for multiculturalism to be abolished, with anti-multiculturalism themes continuing to the present.

    One Nation is generally anti-immigration, and if it gains more popularity, this could reduce immigration in the future.

    For example, major parties could adopt or move closer to One Nation policies. This previously occurred during the John Howard period.

    State Nomination News: 190 and 491 Visa Updates

    New South Wales 491 Visa Closed

    On 19 January 2026, New South Wales opened and closed its 491 Pathway 1 and Pathway 3 on the same day due to exceptionally high demand. Many people missed out simply because they couldn’t apply quickly enough.

    Is NSW selecting the best candidates or just the fastest applicants?

    South Australia Invitation Rounds

    South Australia is currently running invitation rounds on the first Monday of each month.

    For February, South Australia invited:

    Health professionals were the clear winners in this round.

    If you are working in healthcare or an allied health occupation, South Australia may currently offer stronger prospects than some other states.

    Northern Territory Closure

    The Northern Territory has now closed to new applications.

    According to the NT Government website:

    “The NT Government has now received sufficient applications to fill the nomination allocation for the 2025–26 program year. The NT nomination portal is now closed to new applications. Applications lodged prior to the closure will continue to be assessed, with outcomes to be provided by 30 June 2026.”

    We expect more states to start closing soon.

    Should You Move States for State Nomination?

    This is one of the most common questions we receive.

    Work Visa Lawyers is cautious with this advice because every state is dealing with the same issue: large numbers of temporary visa holders competing for a relatively small number of state nomination places.

    We are now well into the 2025–26 program year, which ends on 30 June 2026.

    There is a real risk that you:

    • Relocate
    • Spend significant money
    • Change jobs
    • And then the state program closes shortly after

    Relocating is expensive, and finding new employment takes time. Migration decisions should be strategic — not reactive.

    Please book an appointment before you move states. 

    Employer-Sponsored Visas: 482 and 186 Pathways

    This brings us to employer-sponsored visas, such as:

    If you secure a genuine job offer with strong prospects of sponsorship in your occupation, I am much more open to relocation.

    At the moment, employer-sponsored visas can be a more reliable pathway than waiting for state nomination invitations.

    Of course, finding an employer willing to sponsor you is not easy. We have published guidance on how to approach employers strategically and position yourself for sponsorship.

    DAMAs: A Growing Alternative Pathway

    We are seeing increasing interest in Designated Area Migration Agreements (DAMAs).

    DAMAs are employer-sponsored migration pathways designed for specific regional areas.

    Traditionally, interest was driven by:

    • A broader range of eligible occupations
    • Access for truck drivers, disability carers, and other critical roles
    • Age concessions (particularly for applicants aged 45–55)

    Increasingly, however, we are seeing applicants turn to DAMAs after years of trying — and failing — to receive invitations for the Subclass 189, 190, or 491 visas.

    This is especially common for onshore applicants who are not receiving invitations and need a more realistic pathway to Australian PR.

    National Innovation Visa: Queensland Focus

    We are seeing strong interest in Queensland’s state nomination options under the National Innovation Visa framework.

    Queensland currently offers:

    • An entrepreneuroptionrequiring a $1 million investment
    • An investoroptionrequiring a $5 million investment

    Entrepreneurs and investors often do not fit neatly into traditional migration models. Their education may not align with their professional history, they may not suit skills assessments, and they are typically not dependent on a single employer.

    The flexibility of the National Innovation Visa is what makes it so attractive.

    We offer a free assessment for those wishing to explore whether this pathway could suit their circumstances.

    New Income Threshold for Employer-Sponsored Visas

    The new income threshold for the upcoming financial year, starting on 1 July, will be announced soon.

    If the government applies a similar increase to last year (approximately 4.6%) the minimum salary requirement for employer-sponsored visas such as the Subclass 482 and Subclass 186 could rise from $76,515 to approximately $80,000.

    The Australian Bureau of Statistics will publish its latest Average Weekly Earnings report on 26 February, which will provide a clearer indication of the likely increase.

    If you are close to the current threshold, timing may become critical.

    Hate Speech Laws and Migration Policy

    Hate speech law changes have now been enacted, and we will continue to monitor how these affect migration policy, visa decision-making, and visa cancellation powers.

    Planning Your Australian PR Strategy in 2026

    The Australian migration landscape is becoming increasingly competitive and politically sensitive. With tighter state nomination programs, rising income thresholds and potential political shifts influencing migration caps, applicants must approach their Australian permanent residency strategy with careful planning and informed decision-making.

    Key takeaways for 2026 include:

    • DAMAs are becoming a realistic and structured regional alternative
    • Income thresholds for sponsored visas are likely to rise
    • Political developments could influence future migration caps and policy settings

    In this environment, relying on timing or chance is no longer sufficient. A clear, strategic migration plan — tailored to your occupation, visa history and long-term goals — is more important than ever.

    Work Visa Lawyers is recognised as one of Australian’s leading immigration law firms, with extensive experience in skilled migration, employer-sponsored visas, DAMAs, partner visas, global talent, national innovation visa and complex migration matters. 

    Our team of immigration lawyers and registered migration agents provides strategic advice through both in-person consultations in Adelaide and secure online consultations for clients across Australia and overseas.

    If you are planning your Australian PR pathway in 2026, obtaining professional guidance early can significantly improve your prospects and reduce unnecessary risk.

    Talk to an Immigration Lawyer

    Continue reading
    0 Comments

    Townsville North Queensland DAMA Pathway: PR Up to 54 over 200 Occupations

    Townsville North Queensland DAMA Pathway: PR Up to 54 over 200 Occupations

    Townsville North Queensland DAMA Pathway: PR Up to 54 over 200 Occupations

    If you’ve been researching regional visas, DAMA pathways, employer sponsorship options, or whether it’s still possible to obtain Australian permanent residency up to age 54, this guide is for you.

    One of the most common questions we receive is whether Queensland offers a DAMA pathway.


    The answer is yes — and one of the most flexible options available is the Townsville North Queensland Designated Area Migration Agreement (TNQ DAMA).

    This pathway can be particularly valuable if you are:

    • Over 45 and struggling to qualify for permanent residency
    • Seeking age, English, or salary concessions
    • Working in an occupation with limited visa options under standard programs

    Below, we explain how the TNQ DAMA works, who it is for, and how it can lead to permanent residency in Australia.

    What Is the Townsville North Queensland DAMA?

    The Townsville North Queensland DAMA is a formal agreement between the Australian Government and Townsville Enterprise, acting as the Designated Area Representative for North Queensland.

    The agreement allows approved regional employers to sponsor overseas workers when they are unable to fill roles locally.
    Because the program is designed to address regional workforce shortages, it offers greater flexibility than standard employer-sponsored visa pathways.

    Why the TNQ DAMA Matters for Employers and Migrants

    The TNQ DAMA includes more than 200 eligible occupations, covering both skilled and semi-skilled roles.

    For employers, it provides a realistic way to fill genuine labour shortages.
    For migrant workers, it opens up migration pathways that do not exist under the standard skilled visa system.

    Most importantly, it offers concessions that make permanent residency achievable for people who would otherwise be excluded.

    Key Concessions Under the TNQ DAMA

    Some of the major advantages of the TNQ DAMA include:

    • Age concessions
      In many occupations, applicants can access permanent residency up to age 50 or 54 (instead of the usual age limit of 45).
      Note: with age concessions, applicants must generally be under 54 at the time of Subclass 186 or 494 nomination.
    • English concessions
      Lower English language requirements may apply for certain occupations.
    • Salary concessions
      Some roles allow reduced salary thresholds compared to standard visa requirements.
    • Long-term labour agreements
      Once approved, a DAMA labour agreement can be valid for up to five years.
    • Permanent residency pathways, including:
      • Subclass 186 (Employer Nomination Scheme)
      • Subclass 494 (Skilled Employer Sponsored Regional) leading to Subclass 191 PR

    Which Regions and Occupations Are Covered? / TNQ DAMA Occupation List

    The TNQ DAMA applies to designated areas of North Queensland, as defined by Townsville Enterprise.

    dama area map 01

    The Townsville North Queensland DAMA occupation list is extensive and includes roles that are not available under Queensland’s standard state nomination programs, such as:

    • Truck driver
    • Kitchen hand
    • Hotel receptionist
    • Motor mechanic
    • Fruit picker
    • Numerous health-related occupations

    The full occupation list is available on the official Townsville DAMA website and should always be checked carefully, as eligibility and concessions vary by role.

    How Employers Can Access the TNQ DAMA

    Accessing the TNQ DAMA involves several stages:

    Stage 1 – Endorsement

    The employer applies to Townsville Enterprise for endorsement as a DAMA business.
    This includes submitting:

    • DAMA request form
    • Business declaration
    • Covering letter outlining genuine labour needs
    • Job description
    • Organisational chart
    • Evidence of unsuccessful local recruitment

    Stage 2 – Labour Agreement

    Once endorsed, the employer applies to the Department of Home Affairs for the labour agreement.

    Stage 3 – Nomination

    The employer nominates the overseas worker for an approved DAMA occupation.

    Stage 4 – Visa Application

    The worker lodges their visa application, typically under:

    At every stage, employers must demonstrate that Australian workers were prioritised and that labour market testing has been conducted correctly.

    How We Can Help

    At Work Visa Lawyers, we specialise in employer-sponsored migration and regional pathways, including DAMA labour agreements. Our founder, Chris Johnston, is one of the best immigration lawyers in Australia, with over 20 years of experience in migration law.

    We can assist with:

    • Assessing whether your business and occupation qualify
    • Advising on labour market testing requirements
    • Preparing endorsement and labour agreement applications
    • Managing communication with the Department of Home Affairs
    • Handling sponsorship, nomination, and visa applications from start to finish

    Whether you are a North Queensland employer struggling to fill a critical role, or a migrant worker exploring regional migration options, we can guide you through the process with clarity and confidence.

    With the right strategy, it can provide a realistic pathway to permanent residency — even when other visa options are no longer available.

    If you would like personalised advice, we invite you to book a consultation with our team.

    Book an Appointment

    Sources:

    https://www.townsvilleenterprise.com.au/skills-and-migration/designated-area-migration-agreement/

    https://s3-ap-southeast-2.amazonaws.com/os-data-2/townsvilleenterprise-com-au/documents/townsville_north_queensland_occupation_list_june2025.pdf

    Continue reading
    0 Comments

    Entrepreneurs $1 Million or Investors $5 Million in Queensland for PR – NIV Subclass 858 Visa

    Entrepreneurs $1 Million or Investors $5 Million in Queensland for PR – National Innovation Visa (Subclass 858)

     

    Complete the free NIV assessment

     

    Queensland has officially opened its National Innovation Visa (subclass 858) nomination program, a direct permanent residency pathway for:

    • high-value entrepreneurs who commit AUD $1 million to new ventures in Queensland

    • innovative investors who invest AUD $5 million in Queensland’s innovation ecosystem

    The NIV has attractive features:

    • a straight-to-permanent residency visa

    • no skills assessment or points test

    • age limit up to 55 or higher for those who offer exceptional benefits

    Below is a simple and clear overview of what Queensland is offering, who may be eligible, and how the nomination process works.

    What Is the National Innovation Visa (NIV)?

    The National Innovation Visa (subclass 858) is designed for exceptionally talented individuals who can contribute to Australia’s economy, innovation, and global competitiveness, including entrepreneurs and innovative investors.

    Queensland has now released specific nomination criteria for entrepreneurs and innovative investors, along with a Registration of Interest (ROI) process.

    There are 4,300 NIV places available nationally until 30 June 2026, although Queensland’s state nominations will be a smaller subset of this total.

    We provide clear guidance on the National Innovation Visa on our website, and you can also complete our FREE online eligibility assessment to see if this pathway may be right for you.

    Why This Is Important for Queensland

    This program is expected to deliver major economic benefits to the state.

    For example, if Queensland were to nominate just 200 innovative investors, this could inject at least $1 billion directly into Queensland’s innovation economy, with further job creation and long-term economic growth through business expansion and commercialisation.

    High altitude view of Brisbane skyline and Story Bridge from the suburb of New Farm and Wilson Outlook Reserve on a sunny winter's morning in Queensland, Australia.

    Queensland NIV Nomination for Entrepreneurs

    Queensland is seeking established or emerging entrepreneurs who are ready to commercialise or expand an innovative product or service in Queensland.

    Key eligibility requirements

    To be considered for Queensland nomination as an entrepreneur, you must:

    • Be a successful entrepreneur with a genuine, innovative business concept
    • Be ready to commercialise or expand your business in Queensland
    • Have the capacity to invest at least AUD $1 million in Queensland
    • Meet both Home Affairs visa criteria and Queensland Government guidelines

    What evidence may be required

    If Queensland contacts you after submitting your ROI, you may need to provide evidence such as:

    • Commitment to Queensland and operational readiness
    • Entrepreneurial success in commercialising or scaling a business
    • Funds already spent on business setup, feasibility studies, consultants, licensing or market research
    • Secured funding of at least $1 million (self-funded, venture capital, institutional investors or grants)
    • Capacity to invest $1 million within two years of visa grant

    Examples of strong supporting evidence include

    • Employment contracts for Queensland-based staff
    • Signed MoUs or joint venture agreements with Queensland partners
    • Agreements with Queensland suppliers, distributors or clients
    • Engagement with Queensland-supported incubators, accelerators or innovation hubs
    • Evidence of a registered office in Queensland
    • Business growth, revenue, profitability or market traction
    • Industry recognition, awards, media coverage or government-backed support

    Queensland NIV Nomination for Innovative Investors

    Queensland is also nominating innovative investors who have a strong track record of supporting high-growth, innovative ventures.

    Key eligibility requirements

    To be considered as an innovative investor, you must:

    • Be actively involved in innovative investments
    • Have an established track record supporting successful innovative ventures
    • Be ready to invest at least AUD $5 million
    • Commit the investment for two or more years in Queensland’s innovation ecosystem

    Accepted investment structures may include

    • Private equity
    • Venture capital
    • Research and development
    • Asset management
    • Co-investments (including Queensland Investment Corporation ventures)

    What evidence may be required

    If invited to proceed, Queensland may request evidence such as:

    • A proven track record of innovative investments
    • Evidence of at least $5 million available to deploy upon visa grant, for a minimum of 2 or more years
    • A detailed investment deployment plan focused on Queensland
    • Successful investment exits, IPOs, acquisitions or funding rounds
    • Board positions, leadership roles or shareholdings in innovative companies
    • Third-party endorsements from venture capital firms, co-investors or government-backed funds

    Candidates with experience in Tier One or Tier Two high-growth priority sectors will be highly regarded.

    How the Queensland Nomination Process Works

    To seek Queensland Government nomination, you must:

    1. Meet Home Affairs NIV requirements
    2. Meet Queensland Government guidelines
    3. Submit a Registration of Interest (ROI)
    4. Provide supporting evidence if contacted by Queensland

    Nomination is competitive and discretionary, and not all eligible candidates will receive an invitation.

    Please note that securing Queensland nomination does not guarantee an invitation for all the grant of National Innovation Visa

    We can assist you with submitting a Registration of Interest (ROI), the NIV Expression of Interest (EOI) and visa application if you are invited.

    Entrepreneurs and investors, the wait is over!

    Many were left disappointed after the Australian Government closed the subclass 188 Business Innovation and Investment visa on 1 July 2024.

    This left investors with very limited options to obtain permanent residency in Australia.


    Complete Our Free NIV Assessment

    The National Innovation Visa criteria, as outlined in Direction 112, are complex, and candidates must meet the requirements set out by both the Department of Home Affairs and the Queensland Government.

    Strong evidence, positioning, and alignment with Queensland’s priorities are critical.

    We have detailed guidance on the National Innovation Visa available on our website, and you can also complete our FREE online eligibility assessment to check whether this pathway may be suitable for you.

    If you are an entrepreneur or investor considering Queensland nomination, early planning is essential. 

    For tailored advice, we recommend speaking with an experienced immigration lawyer before submitting your ROI.

    Please book an appointment with our team. For earlier availability, please call our office or send an email to This email address is being protected from spambots. You need JavaScript enabled to view it.

    Book an Appointment

    Sources: 

    NIV Queensland Website: https://www.tiq.qld.gov.au/invest/national-innovation-visa

    Department of Home Affairs NIV: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/national-innovation-visa-858

    NIV Sectors: https://immi.homeaffairs.gov.au/visas/working-in-australia/visas-for-innovation/national-innovation-visa

     

    Continue reading
    0 Comments

    Ministerial Intervention in Australia: What It Is & What You Need to Know

    Ministerial Intervention in Australia: What It Is & What You Need to Know

    Ministerial Intervention in Australia: What It Is & What You Need to Know

     

    Ministerial Intervention (MI) is a last‑resort avenue in Australian immigration law where the Minister for Immigration and Citizenship personally considers granting you a visa when all other legal options have been exhausted. It is a discretionary power under the Migration Act 1958 (Cth), specifically sections 351 and 501J, meaning the Minister may grant a visa if it’s deemed in the public interest — but he is under no obligation to do so.

    In essence, MI provides a final opportunity for people whose visa applications have been refused by the Administrative Review Tribunal, or after further legal avenues, to ask the Minister to intervene on compassionate or exceptional grounds.

    Who Can Lodge a Ministerial Intervention Request?

    A Ministerial Intervention request is intended as a last‑resort option. You can only lodge one after:

    • Your visa application has been refused; and
    • You have exhausted appeals at the Tribunal, and in some cases the courts.

    This request asks the Minister to personally consider granting you a visa due to exceptional and compelling circumstances.

    Examples of Exceptional and Compelling Circumstances

    Ministerial Intervention is usually only considered where there are exceptional and compelling circumstances, such as:

    • Serious health issues and being permanently unfit to depart Australia;
    • Being the parent of an Australian citizen or permanent resident child;
    • Working in a skilled occupation;
    • Being the carer of an Australian citizen who needs care and has been issued a Carer Visa Assessment Certificate (CVAC) which has a minimum impairment rating of 30; and
    • Other specific circumstances outlined in the Positive Personal Procedural Decision (sections 351 and 501J).

    Recent Changes to Ministerial Intervention (2025)

    There have been major reforms to the Ministerial Intervention process in 2025.

    These changes stem from the High Court’s 2023 decision in Davis v Minister for Immigration, which found that departmental officers did not have the power the make  decisions about MI requests, and only the Minister himself has the power to make such decisions.

    Following that ruling, the Minister introduced new Ministerial Instructions on 4 September and 17 September 2025, replacing the previous guidelines from 2016. These new rules:

    • Ensure decisions are made only by the Minister, not departmental staff; and
    • Set clear criteria for which cases can be referred to the Minister.

    Key Effects of the Changes

    • Any requests lodged before 12 April 2023 will no longer be considered by the Minister unless it was already being considered — they must be resubmitted under the new criteria.
    • Any requests lodged on or after 12 April 2023 but before the new guidelines must meet specific criteria to be eligible for Ministerial consideration.
    • This criteria is listed in the Positive Personal Procedural Decision (sections 351 and 501J). It includes but is not limited to circumstances involving serious health issues that cannot be treated overseas, evidence of skills in a skilled occupation, being the parent of a minor Australian child at the time of the request, and other specific circumstances.

    In short, the reform introduces a more objective and transparent framework — but also stricter limits on which circumstances the Minister will consider Ministerial Intervention requests.

    What If My Ministerial Intervention Request Was Refused?

    If your MI request has recently been refused, you may be able to lodge a new request, but only if your case meets at least one of the criteria under Section 13 of the new Ministerial Intervention Guidelines.

    If your circumstances satisfies one of these criteria, it can be referred to the Minister, and the Minister may consider it is in the public interest to intervene and grant a visa. The final decision rests with the Minister, including what type of visa may be appropriate if granted.

    How Long Does It Take for the Minister to Decide?

    There is no set timeframe for how long a Minister will take to make a decision. Because Ministerial Intervention is entirely at the Minister’s discretion, the decision can take weeks, months, or even longer.

    Only a small number of requests are ever referred to the Minister, and even fewer result in an intervention. Processing times vary depending on the complexity of the case and the current workload, and the Minister is under no obligation to make a decision within a specific timeframe.

    Do You Need a Lawyer for Ministerial Intervention?

    While you are not legally required to have legal representation to lodge an MI request, obtaining legal assistance is highly recommended. 

    Here’s why:

    • Ministerial Intervention cases are complex and highly discretionary
    • You must provide detailed evidence of exceptional and compelling circumstances
    • A lawyer can help assess whether your situation qualifies under the new criteria and write submissions to address this
    • Professional representation can improve the clarity and strength of your submission

    Given the technical and legal nature of the process, getting help from a migration lawyer can be invaluable in preparing a strong MI request.

    Watch the Full Video:

    Ministerial Intervention remains a crucial pathway for those with no other legal avenues left after visa refusals and exhausted appeals. While recent reforms have made the process more structured, they’ve also raised the bar for eligibility.

    If you’re considering a Ministerial Intervention request or have been refused, it’s vital to understand the current guidelines and how they apply to your case.

    If you found this helpful, make sure to explore more insights on the Work Visa Lawyers blog or contact us if you need assistance lodging a Ministerial Intervention request or managing a pending case.

    Talk to an Immigration Lawyer

     

    Author: Shamsiya Mohammadi, Immigration Lawyer

    Continue reading
    0 Comments

    Sign up to our Migration Newsletter

    Work Visa Lawyers works on Kaurna Land
    We acknowledge and pay respect to the past, present and future Traditional Custodians and
    Elders of this land and this nation, and the continuation of cultural, spiritual and educational
    practices of Aboriginal and Torres Strait Islander peoples.

    This site's contents are for general information purposes only
    We recommend you seek advice from a Registered Migration Agent and Lawyer
    (such as Work Visa Lawyers) in relation to your factual situation and relevant migration laws

    Liability limited by a scheme approved under Professional Standards Legislation

    Site by Adelaide Websites