In this blog, we will cover the latest Australian immigration news including student visa caps, visa processing times, the 189 visa invitation round, Medicare for temporary visas, Global Talent visa and updates on state nominations.

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Student Visa Cap

The Australian Government has announced a cap on student visas starting in 2025, with a total of 270,000 international students allowed to study in Australia, a reduction of 53,000 from the previous year.

The cap breakdown is as follows:

• 145,000 new student visas for public universities

• 30,000 for other universities and non-university higher education providers

• 90,000 for the vocational education and training (VET) sector

Exemptions:

• School students

• Higher degree by research programs

• English-language providers (ELICOS)

• Non-award programs

Potential Impact:

• Harder to get enrolment for vocational and university courses in Australia.

• Less enrolments for prestigious universities in Melbourne and Sydney.

• Some students may have their enrolments withdrawn before the visa is granted and not get the visa. 

• More enrolments for regional universities.

• It will be harder to do a second or third course once in Australia. For example, if you enter Australia as an English student and then want to apply for a VET course.  

• No caps at all for English courses or school students, so these will become more popular.

If you have any questions or need assistance with your Australian visa application, feel free to book an appointment. 

189 Invitation Round

A new 189 visa invitation round took place on 5 September 2024. The occupations invited include Teachers, Engineers, General Practitioners, Accountants, and trades.

Here are some key points from this round:

• Painting Trades Workers and Carpenters: Invited with 65 points 

• Construction Managers: Invited with 75 points 

• Medical Practitioners: Invited with 80 points 

• Architects: Invited with 75 points 

Both onshore and offshore applicants were invited. Click here to check all the occupations invited. 

State Nomination 190 and 491 Visa Updates

Most states have opened for Expressions of Interest (EOI) and Registrations of Interest (ROI) submissions, with New South Wales opening in October.

This year, some states are moving away from prioritising high points, focusing instead on factors such as:

• Salary

• Relevant work experience

• English proficiency

• Partner skills

• Education level

• ANZSCO classification

Click here to learn more about the 190 Visa. 

Click here to learn more about the 491 Visa. 

Temporary Visas Eligible for Medicare

All permanent visas can enrol in Medicare, but did you know that some temporary visas can also enrol in Medicare?

Temporary visas eligible for Medicare:

• 494 Skilled Employer Sponsored Regional visa

• 491 Skilled Work Regional visa

• Onshore Parent visas

• Onshore provisional partner visas

• Protection visa (subclass 785)

Check the full list here. 

VETASSESS Processing Times

VETASSESS has reduced the processing time for skills assessments in professional and non-trade occupations. The typical processing time has decreased from 10-15 weeks to 8-10 weeks.

Global Talent Updates

The Global Talent Visa is expected to close in late 2024, with the National Innovation Visa set to replace it.

Here are some recent updates regarding the Global Talent Visa:

• We are still successfully receiving invitations for our clients.

• There have been reports of quick Expression of Interest rejections, sometimes as fast as two weeks for some applicants.

• Current visa processing times for the Global Talent Visa are estimated between 9 to 12 months.

• The Department of Home Affairs is increasingly checking the credentials of nominators and referees, with more scrutiny than before.

Visa Processing Times (September 2024)

Here are the current processing times for some key visas:

• 190 visa: 50% processed in 16 months, 90% in 17 months

• 491 visa: 50% processed in 17 months, 90% in 23 months

• 482 visa (Short and Medium Term): 50% in 1 month, 90% in 5 months

• 186 Transition Pathway: 50% in 6 months, 90% in 14 months

• 820 Provisional Onshore Partner visa: 50% processed in 12 months, 90% in 26 months

• 801 Permanent Onshore Partner visa: 50% processed in 11 months, 90% in 30 months

Check all the visa processing times here. 

Do you need help to apply for an Australian Visa?

If you need assistance with applying for an Australian visa, please contact us.

You can book an appointment online or call us at (+61) 8 8351 9956.

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

Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.

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Sources: 

https://ministers.education.gov.au/clare/improving-sustainability-international-education

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

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times

https://www.servicesaustralia.gov.au/enrolling-medicare-if-youre-temporary-resident-covered-ministerial-order?context=60092

https://www.vetassess.com.au/news/shorter-assessment-times-for-professional-and-general-occupations

Choosing the right migration path to Australia can be challenging, particularly when deciding between points-based visas like the 189, 190, 491, and employer-sponsored options such as the 482, 494 visa. This blog will explore each of these pathways, highlighting their unique benefits and why it might be wise to consider pursuing multiple options simultaneously.

Points-Based Visas VS Employer Sponsorship:

Points-Based Visas (189, 190, 491):

These visas provide pathways to work and live in Australia, often leading to permanent residency. They require applicants to meet specific criteria, including a points test, to receive an invitation to apply. Let's look at each visa:

1. 189 Visa - Skilled Independent Visa: A permanent visa that does not require sponsorship from a state, territory, or employer. This visa allows skilled workers to live and work anywhere in Australia. To apply, you need a positive skills assessment, at least competent English, and a minimum of 65 points. Higher points improve your chances of receiving an invitation.
2. 190 Visa - Skilled Nominated Visa: Similar to the 189 visa, but with the requirement of a nomination by an Australian state or territory. This visa grants permanent residency, with the condition that you commit to living and working in the nominating state or territory for 2 years.
3. 491 Visa - Skilled Work Regional (Provisional) Visa: A temporary visa for skilled workers willing to live and work in regional Australia. It requires nomination by a state or territory government or sponsorship by an eligible family member in a designated regional area. This visa lasts five years and provides a pathway to permanent residency after three years.

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Why Consider Points-Based Visas?

Points-based visas offer freedom and flexibility, allowing visa holders to live and work anywhere in Australia (for the 189 visa) or in designated areas (for the 190 and 491 visas). These visas are particularly appealing as they do not rely solely on securing a job offer from an employer, offering more personal and professional independence.

Challenges with Points-Based Visas:

While attractive, these visas come with the challenge of uncertainty. The process requires submitting an Expression of Interest (EOI) and waiting for an invitation, which is not guaranteed. If you are on a temporary visa in Australia, the waiting period may result in your current visa expiring before receiving an invitation, leaving your residency status uncertain.

Employer-Sponsored Visas:

Employer-sponsored visas offer a more predictable route if you can secure a job with an Australian employer willing to sponsor you. Here’s why they might be a good option:

1. 482 Visa - Temporary Skill Shortage (TSS) Visa: The most common employer-sponsored visa, allowing skilled workers to work in Australia for two to four years depending on their occupation list (short-term or medium-term). This visa requires a job offer from an Australian employer and compliance with specific work experience requirements.
2. 494 Visa - Skilled Employer Sponsored Regional (Provisional) Visa: A temporary visa designed for skilled workers sponsored by an employer in regional Australia. This visa can lead to permanent residency after three years, provided the visa holder meets specific criteria such as maintaining employment in the regional area. The 494 visa combines the benefits of employer sponsorship with a regional focus, making it a viable option for those looking to settle outside major cities.

Why Consider Employer Sponsorship?

If you secure an employer willing to sponsor you, you don't have to wait for a government invitation.

The employer-sponsored process gives more control over the timeline, as the company initiates and handles much of the visa application process, and you don’t need and invitation from a state or territory.

Challenges with Employer Sponsorship:

• Finding a Sponsor: One of the biggest challenges is finding an Australian employer willing to sponsor your visa.

We have a blog with some tips on how to find a sponsor in Australia. Click here to read.

• Costs and Complexity: Employer-sponsored visas involve multiple stages, including nomination, sponsorship, and visa application, making the process both costly and complex.

Should You Go for Points-Based Visas or Employer Sponsorship?

We recommend pursuing both points-based and employer-sponsored pathways. While points-based visas offer more freedom, they come with the uncertainty of waiting for an invitation.

Employer sponsorship provides a more direct route, offering job security and control over the migration process.

Balancing both options maximizes your chances of successfully migrating to Australia.

Each pathway has its benefits and challenges, and the best choice will depend on your individual circumstances, occupation, and current visa status. Consulting with a migration expert can help you make informed decisions and tailor your approach to meet your personal and professional goals.

Do You Need Help to Apply for an Australian Visa? 

If you need assistance with applying for a 189, 190, 491, 482, 494 or another Australian visa, please contact us.

You can book an appointment online or call us at (+61) 8 8351 9956.

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

Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.

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Sources: 

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-independent-189

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-nominated-190

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-work-regional-provisional-491

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-skill-shortage-482

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-employer-sponsored-regional-494

Starting from 1 July 2024, Western Australia introduced a new DAMA (Designated Area Migration Agreement) to provide employer-sponsored visa options in key sectors that previously lacked this opportunity. This DAMA focuses on critical industries such as health, engineering, education, and construction trades, aiming to address workforce shortages and support the state's economic growth.

The Western Australia DAMA may be especially interesting for those already working in Perth, who may not be eligible for other visas because:

• Their occupation is not on the standard list
• They are 45 years of age or older
• They cannot meet the English requirements
• They do not have enough work experience

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WA DAMA Occupation List

There are 310 occupations available on the WA DAMA including Fitter, Diesel Motor Mechanic, Registered Nurse, Truck Driver and Hotel Manager.

39 of the occupations are just for regional Western Australia. These include Teachers' Aide, Vineyard Worker, Excavator Operator, Dietitian, and Scaffolder.

You can check the WA DAMA occupation list here. 

Concessions

The Western Australia DAMA provides a lot of important concessions that are similar to those in other DAMAs.

These are concessions to:

• Age appears to be under 55 for all occupations.
• English - for some occupations 5.0 with no minimum band score, where the 482 normally requires 4.5 in each of the bands for short-term stream or 5.0 in each of the bands for medium-term stream.
• Skills requirements which are reduced for some occupations, such as Diesel Motor Mechanic to only one-year full-time experience required.
• New occupations that cannot be accessed under other programs, such as Decarbonisation Advisor.

While a lot of the other DAMAs have concession to salary, there are no salary concessions under the Western Australia DAMA. This means that employers under the WA DAMA will need to pay salary of at least the Temporary Skilled Migration Income Threshold, which is $73,150.

It’s always best to check the rules for your particular occupation on the WA DAMA occupation list.

Apply for Permanent Residency

The 186 visa is only available under the WA DAMA after working on the 482 DAMA for 3 years in Metropolitan Perth, or 2 years in Regional Western Australia.

 What are the employer requirements?

To sponsor under the WA DAMA, the employer first needs to be endorsed by Western Australia.

To get that endorsement:

1. The employer is required to show that there is no adverse information about the business, such as problems with migration, industrial relations or occupational health and safety.
2. The employer is required to register on Western Australia's special "Skilled Migrant Employment Register".
3. The employer must have been operating for more than 12 months in Western Australia.
4. The employer must have completed at least 2 job advertisements that meet the requirements, including showing the salary.

Once approved, the employer will also need to:

1. Permit skilled migrants to attend employment law information sessions
2. Provide information yearly to Western Australia government about all employees under the DAMA

This shows that Western Australia is taking a more hands-on approach with their employers than is usual in the employer-sponsored programs.

What about the DAMAs that are already in Western Australia?

Western Australia already had 4 DAMAs: Kimberley, Goldfields, Pilbara and South West. These only covered a modest area around the local area that had arranged the DAMA. The new WA DAMA covers the whole state.

WA has stated that if you are already covered by an existing DAMA, it is preferable that you use that program instead of the new WA DAMA. Only if you need concessions that aren't in the local DAMA, then you should use the Western Australia DAMA.

For example, you might be a 50-year-old secondary school teacher in the Pilbara. The DAMA there did not include that occupation, but now you could access it under the WA DAMA.

Do you need help to apply for an Australian Visa?

If you need assistance with applying for a WA DAMA or another Australian visa, please contact us.

You can book an appointment online or call us at (+61) 8 8351 9956.

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

Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.

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Sources: 

https://migration.wa.gov.au/our-services-support/designated-area-migration-agreement

The new financial year has brought significant changes to the Australian migration system. In this blog we will go through the main changes.

1. Visa Fee Increases

From 1 July 2024, most visa fees application increased by 2% to 4%, while student visa fees had a significant increase by 125%.

New Student Visa Fees:

• Main applicant: From $710 to $1,600
• Additional applicants over 18 years old: From $530 to $1,190
• Dependents under 18 years old: From $175 to $390.

This increase will affect many planning to study in Australia. The current application fee for all types of visas are available on the Home Affairs website.

2. 190 and 491 Visa State Nomination Numbers

On 1st July 2024, the Australian Financial Review published the 190 and 491 visa allocations for 2024-2025:

• Queensland: reduction of 300 places in 190 PR visas from 900 to 600, 491 visas were also reduced from 650 to 600.
• South Australia: there is an additional 1,900 visas.
• Tasmania and Western Australia: each state will receive an additional 1,500 visas.
• Western Australia: another additional 5000 skilled migrant places under the new WA Designated Area Migration Agreement (DAMA).
• Northern Territory: an increase from 650 places to 1,200.
• Australian Capital Territory: an increase from 1,200 to 1,800 places.
• NSW and Victoria: both states are expected to remain the same as last year, with 3,150 for NSW and 3,300 for Victoria.

3. TSMIT Increase for employer sponsored visas

The Temporary Skilled Migration Income Threshold (TSMIT) has increased from $70,000 to $73,150.

The TSMIT is the minimum salary that employers are required to pay when they sponsor someone on a 482, 186, or a 494 visa.

Any new nominations from 1 July 2024 must meet this threshold, but existing holders and nominations lodged before 1 July 2024 are not affected by this change.

4. Relaxation of Work Visa Conditions for 482, 494 and 457 Visas

From 1 July 2024, new work conditions will apply to 482, 494, and 457 visas. These visa holders will have:

• Up to 180 days at a time to find a new employer or a maximum of 365 days in total across the entire visa grant period.
• During the 180 days, employees who are looking for a new employer, can work in any job for any employer.

Employers and the Skilling Australians Fund (SAF)

With the greater mobility for employees, it's time that the Department of Home Affairs revisits the promise in the Migration Strategy to reform the SAF.

Employers currently have to pay the Skilling Australian Fund upfront, which is a significant amount if an employee then leaves before their visa grant period. Fees: $1,200 per year for businesses with a turnover under $10 million, and $1,800 per year for those over $10 million.

Given the increased mobility within the 482 system, there's a risk that employers may opt out of sponsoring due to these fees, and therefore skill shortages could get worse if the employers don't want to sponsor people anymore.

5. No Student Visas for Visitors and Graduates Visa Holders

From 1 July 2024, Visitors (Subclass 600) and Graduate (Subclass 485) visa holders can no longer apply for a student visa onshore, as well the following visa holders

• Subclass 601 (Electronic Travel Authority)
• Subclass 602 (Medical Treatment)
• Subclass 651 (eVisitor)
• Subclass 988 (Maritime Crew)
• Subclass 403 (Temporary Work) International Relations – Domestic Worker (Diplomatic or Consular) stream
• Subclass 426 (Domestic Worker (Temporary) – Diplomatic or Consular)
• Subclass 771 (Transit)
• Subclass 995 (Diplomatic Temporary) – primary visa holders only

6. Graduate Visa Age Limit

Applicants looking to apply for a Graduate Visa must be 35 or under, with exemptions for Masters by research, PhDs, Hong Kong, and British Overseas passport holders up to 50 years old.

Some alternatives for those 36 or older include the 407 Training Visa, Partner Visa, another Student Visa, or an Employer-sponsored Visa. However, applicants will need to ensure they are eligible for these visas.

Please, contact us if you are 36 or over to discuss your visa options.

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7. High-Income Threshold Increase

The Fair Work High-Income Threshold (FWHIT) has increased from $167,500 to $175,000. This means Global Talent applicants must have a minimum annual salary of $175,000 to apply.

8. Visa Closures

• The Skilled – Recognised Graduate 476 visa has permanently closed
• The Business and Investment visa has also closed

The National Innovation Visa is planned to replace the Business and the Global Talent Visa. It is expected to come into place at the end of 2024.

You can read more about the National Innovation Visa here.

9. Work and Holiday Visa Updates

Philippines Passport Holders

Philippines Passport Holders can now apply for a 462 Work and Holiday Visa with 200 places available. To be eligible, applicants must hold tertiary qualifications or have successfully completed at least 2 years of undergraduate study or post-secondary education and be 30 years or under.

UK Passport Holders

UK Passport Holders can now be granted up to three Working Holiday Subclass 417 visas without having to meet any specified work requirements. This is expected to lead to significant interest from young people from the UK, offering a work visa for up to three years in sunny Australia without the need to do agricultural work.

10. Health and Medical Changes

There have also been changes to the health and medical requirements including:

• An Increase in the Threshold for Medical Costs from $51,000 to $86,000.
• Mandatory Hepatitis B Testing for residents from high-risk countries, who are aged 15 and older.

11. Workplace Justice Visa Stream of the 408

A new visa has been introduced for employees who may have been exploited by their employer to stay and work. The employee will need a certificate stating there has been workplace exploitation. More details will be provided on this visa soon.

This was a summary of the main news in Australian immigration for the new financial year, July 2024. If you need assistance with applying for an Australian visa, please contact us.

You can book an appointment online or call us at (+61) 8 8351 9956.

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

Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.

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Sources: 

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1211

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1205

https://budget.gov.au/content/bp1/index.htm

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

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1209

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1213

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

https://immi.homeaffairs.gov.au/visas/getting-a-visa/fees-and-charges/current-visa-pricing

https://www.afr.com/politics/federal/queensland-to-cop-skilled-migrant-cut-amid-boost-to-smaller-states-20240701-p5jq6j

https://www.fwc.gov.au/high-income-threshold

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/repealed-visas/skilled-recognised-graduate-visa-subclass-476

https://www.legislation.gov.au/F2024L00768/latest/text

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/work-holiday-462

https://immi.homeaffairs.gov.au/what-we-do/whm-program/latest-news/arrangements-uk-passport-holders

https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/health/protecting-health-care-and-community-services

https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/health/what-health-examinations-you-need