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From 7 December 2024, all occupations on the Core Skills Occupation List (CSOL) are now eligible to apply for the 186 Visa Direct Entry. This means that the Core Skills Occupation List has replaced the Medium and Long Term Occupation List, and all occupations on the CSOL can now apply for the 186 Visa Direct Entry.

Click here to check the Core Skills Occupation List.

The 186 visa is a permanent residency visa for skilled workers who are nominated by their employer, that means you must have an employer to sponsor you. There are three streams available under the 186 visa: the Temporary Residence Transition stream, the Direct Entry stream, and the Labour Agreement stream.

Each stream has different requirements, so let’s discuss each one and the main requirements: 

1) Temporary Residence Transition Stream

This stream allows skilled workers nominated by their employer to live and work in Australia permanently. It is available for Temporary Skill Shortage Visa (482) and Skills in Demand Visa (Subclass 482) holders who:

• Have worked for a sponsoring employer for at least 2 years in the same occupation on the 482 visa.
• Can meet competent English requirements.
• Are under 45 years of age when applying (some exceptions may apply).
• For most occupations, no skills assessment is required.

So, after working for two years on a 482 visa, you may be eligible to apply for permanent residency through the Temporary Residence Transition stream.

2) Direct Entry Stream

This is a permanent visa that allows you to stay in Australia indefinitely, meaning you become a permanent resident on the day the visa is granted. The 186 Direct Entry stream is available for applicants who:

• Are nominated by an Australian employer.
• Have an occupation on the Core Skills Occupation List (CSOL).
• Have at least 3 years of relevant work experience, unless exempt.
• Have a positive skills assessment, unless exempt.
• Have at least competent English.
• Are under 45 years old unless exemptions apply.

If your occupation is on the Core Skills Occupation List (CSOL) and an Australian employer wants to sponsor you, the 186 Direct Entry stream may be the best option for you, as it allows for quicker permanent residency without needing to apply for the 482 Visa first and then transitioning through the Temporary Residence Transition stream. The 186 Direct Entry is a direct path to permanent residency.

3) Labour Agreement Stream

This stream is only applicable if you are sponsored by an employer through a tailored and negotiated labour agreement. 

The age, skills, and English requirements will be stated in the labour agreement, so some requirements will depend on the specific agreement you are applying under.

For all three streams, you can include family members in your application when you apply or before your visa is granted.

Once your 186 visa is granted in one of the 3 streams, you can:

• Stay in Australia indefinitely.
• Work and study in Australia.
• Enrol in Medicare.
• Sponsor eligible relatives to come to Australia.
• Travel to and from Australia for 5 years.
• Apply for Australian citizenship, if eligible.

Should you apply now for a 482 visa with your current occupation, or should you wait for the Core Skills Visa?

Both the 482 Visa and the Core Skills Visa are employer-sponsored visas, meaning you need an employer to sponsor you.

The decision about which visa you should apply depends heavily on your occupation.

The short answer is that you should apply for the 482 visa now, especially if you're worried about your occupation being left off the Core Skills list.

If you need assistance applying for a 482 visa, please contact us.

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Core Skills Occupation List

Jobs and Skills Australia (JSA) has opened a consultation on the new Core Skills Occupation List (CSOL), and as part of that, three draft lists were released:

Confident On List – Includes occupations that Jobs and Skills Australia is confident will remain on the list. Occupations like Registered Nurse, Social Worker, Diesel Motor Mechanic, and IT Network Administrator are on this list.

Confident Off List – Includes occupations recommended for removal based on current labor market insights. Occupations like Cafe or Restaurant Manager, Cattle Farmer, ICT Project Manager, and Real Estate Representative are on the off list.

Targeted for Consultation List – Includes occupations that need further input from stakeholders to determine their necessity and priority. Occupations like Chef, Cook, Finance Manager, Web Designer, Hairdresser, and Marketing Specialist are on this list.

If your occupation is on the Targeted for Consultation List or the Confident Off List, it may be wise to apply for the 482 visa before the Core Skills Visa is introduced.

When the Core Skills will be implemented?

The Core Skills Visa is expected to be implemented in late 2024, possibly from 23 November.

Skills in Demand Visa

The Core Skills Pathway is one of the pathways under the Skills in Demand Visa, which includes three distinct pathways: The Specialist Skills, Core Skills, and Essential Skills Pathways.

Most temporary skilled migrants will come through the Core Skills Pathway.

The Core Skills Visa is likely to have requirements very similar to the current 482 visa. You can check the 482 Occupation List here. 

Key features for the Core Skills Pathway include:

• Individuals with occupations on the new Core Skills Occupation List
• Individuals with a salary at or above the TSMIT, which is currently AU$ 73,150 a year
• The Core Skills Visa will provide a four-year work visa.
• Visa holders will be able to move between sponsors with 180 days to find a new sponsor.
• The time spent with any approved employer will count toward permanent residence requirements. This will avoid the clock resetting with each employer.
• The Core Skills Visa will have a clear path to permanent residency in Australia.
• There will be a public register of sponsors to assist individuals in finding a new sponsor.

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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Exciting news for regional New South Wales (NSW)! The Orana Designated Area Migration Agreement (DAMA) has been expanded to include more regional areas of NSW. This comes as a welcome change for many businesses in those regions who are struggling to fill skills shortages in sectors such as aged care, agriculture, horticulture, construction, food and hospitality.

What areas are covered?

In addition to Orana, expanded regions include Central West, Murray, Riverina and Southern Inland.

Eligibility to request an Orana DAMA depends on the Local Government Area in which the employer operates their business.

This table summarises council areas within the Orana, Central West, Riverina, Murray and Southern Inland regions:

Source: https://www.rdaorana.org.au/migration/dama/employer-eligibility

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What is the process?

An interesting feature of the Orana DAMA is the process of seeking endorsement (i.e. support) from the Designated Area Representative (DAR). It can be quite a lengthy process.

1. Employer must conduct Labour Market Testing, in other words job advertising.
2. Once the specific region is identified, employers will need to arrange a discussion and subsequently lodge an endorsement application with a relevant Migration Officer in their region.
3. At the initial interview, suitability for endorsement will be discussed. This step can be skipped if the employer is being represented by a migration agent or lawyer.
4. RDA Orana DAMA Migration Officer will assess the Endorsement Request and liaise with the employer if further information is needed.
5. Having provided endorsement, RDA Orana DAMA Migration Officer will send the completed application package to the RDA Orana DAR for their final assessment.
6. After officially approved by the RDA Orana DAR, a request can be made to the Department of Home Affairs for a Labour Agreement.

Occupations available

There are currently 129 occupations available on the Orana DAMA occupation list: https://oranadama.org.au/migration/dama/occupation-list

Concessions available

Permanent residency pathway

All occupations have an available pathway to permanent residency (PR) through the ENS 186 visa, after having living and worked in the Orana region for 3 years holding a 482 visa.

Age

Occupations Skill Level 1-4: up to 55 years old

Occupations Skill Level 5: up to 50 years old

English

Eligible occupations may allow applicants to have lower English scores than the standard requirements (unless higher scores are required for registration/licencing). 

For 482/494: IELTS overall 5.0 with no minimum in each band

For 186: IELTS overall 5.0 with minimum 4.0 in each band

Temporary Skilled Migration Income Threshold (TSMIT)

Depending on the occupation, two types of TSMIT concessions may be available:

1. Annual monetary earnings of 90% of current TSMIT
2. Monetary earnings are minimum 90% of current TSMIT and non-monetary earnings are maximum 10% of current TSMIT- with total package at least equal to TSMIT

Click here to learn more about DAMAs. 

Do you need help with your visa application?

Our team of experienced Immigration Lawyers and Migration Agents is ready to assist you with your visa application.

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

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

Book an Appointment 

Source: 

https://www.rdaorana.org.au/migration/dama

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.

Book an Appointment

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.

Book an Appointment

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