Welcome to our August Australian Immigration News, where we bring you crucial updates on changes in Australian immigration. In this edition, we cover a range of topics, including alterations to the 189 and 190 visas, state nominations, 408 pandemic visa, cash incentives offered by states for specific occupations, VETASSESS Skill Assessment, Parent visa program, English testing modifications, Aged Care Agreement and more. For detailed information on all visas, visit Work Visa Lawyers.
There’s good news for Australian aged care providers who are struggling to meet the growing demand for skilled workers!
Aged care workers no doubt play a crucial role in supporting and caring for Australia’s ageing population. Aged care providers can now request an Aged Care Industry Labour Agreement (“ACILA”), which aims to help address the serious and ongoing shortage of workers all throughout Australia.
What does this labour agreement offer?
Under the ACILA, approved aged care providers can nominate skilled workers for certain employer-sponsored visas, to work in direct care occupations such as:
Nursing Support Worker
Personal Care Assistant
Aged or Disabled Carer
Registered Nurse and Enrolled Nurse occupations are not included in this Agreement.
What do employers need to do?
Firstly, aged care providers who want to access this labour agreement must consult with and enter into a Memorandum of Understanding (MOU) with the relevant union(s):
Australian Nursing and Midwifery Federation
Health Services Union
United Workers Union
The relevant union for the MOU will depend on the occupation group(s) being sought, service settings (residential or home care) and the state/territory where services are provided. In some instances, more than one union could be party to the MOU.
After an MOU is signed, aged care providers can proceed to request a Labour Agreement by making an application to the Department of Home Affairs.
What visas are available under this agreement?
Employers can either sponsor a skilled worker for:
Temporary Skill Shortage TSS (SC 482) - provisional visa valid for up to four years
For eligible applicants who hold a relevant AQF Certificate III or equivalent OR have one year of relevant work experience (to substitute for the formal qualification)
No extra work experience is required in addition to the above.
A permanent residency pathway can be available to sponsored workers who demonstrate at least 2 years of full-time experience in the nominated occupation in Australia.
Employer Nomination Scheme ENS (SC 186) – permanent visa
Those who have already worked in aged care in Australia could access a shorter, direct path to permanent residency (PR).
Applicants who possess two years’ experience in a directly relevant occupation (not tied to a particular employer or visa subclass) may be nominated for a permanent 186 visa.
This work experience must have been undertaken in Australia (meaning overseas experience does not count).
For both TSS and ENS visas, work experience needs to be relevant to the nominated occupation (at the required skill level), full-time or otherwise part-time pro rata, and undertaken in the last five years.
Advantages of Aged Care Industry Labour Agreement vs Designated Area Migration Agreement (DAMA)
Salary concession
The Temporary Skilled Migration Income Threshold TSMIT for employer sponsored visas is set at $70,000 (or at least $63,000 if salary concession is available under a DAMA).
Compared to this, the minimum salary under the Aged Care Industry Labour Agreement is AUD $51,222.
Certainty in occupations available
The Agreement covers a range of lower-skilled and semi-skilled roles within the aged care industry, namely Personal Care Assistants, Aged or Disabled Carers, and Nursing Support Workers. These roles are no doubt essential for ensuring quality care and continuity of care.
Compared to this, not all regional areas covered by a DAMA contain all of these occupations.
Direct PR pathway
The Aged Care Industry Labour Agreement can offer a quicker path to PR for those who already have relevant Australian work experience in the aged care industry.
Work Visa Lawyers has supported many businesses across Australia to negotiate and enter into labour agreements including DAMAs, industry and company specific. If your sponsorship needs are not currently being filled by the standard migration program, we are here to help.
FAQS
Do I need a skills assessment?
Applicants do not need a positive skills assessment, if they hold a relevant AQF qualification that was completed in Australia.
A relevant skills assessment for the nominated occupation is required for applicants who have an overseas qualification or are relying on work experience to substitute for a formal qualification.
Should I get a Student visa to study Aged Care?
Aged care studies may not be the preferred option, because it does not directly lead to visa options in the standard migration program. You might instead consider studies in a field with more migration pathways.
The aged care occupations are not currently on Australia’s skilled occupation list. This means visa options are limited for aged care workers.
For instance, there are no General Skilled Migration pathways (points-based visas Skilled visas such as 189, 491 or 190).
Employer sponsored visas are only available under certain Designated Area Migration Agreements, or otherwise the Aged Care Industry Labour Agreement. A challenge could be finding a sponsoring employer willing to nominate you for a visa.
A family member or friend in Australia wants to sponsor me, to provide aged care support services. Can they apply for an Aged Care Industry Labour Agreement?
No, only Australian aged care providers can access an Aged Care Industry Labour Agreement.
An approved provider is an organisation that has been approved by the Aged Care Quality and Safety Commission, to deliver Australian Government subsidised home, residential or flexible care services to older Australians.
Your family member or friend might instead consider accessing those services through an aged care provider that you work for.
How do I find a sponsor for the Aged Care Industry Labour Agreement?
These are some approaches you can try:
Search popular recruitment websites such as Seek or Indeed. You could include search terms such as “DAMA”, “sponsorship”.
Speak with those in your networks. Perhaps you have a friend or coworker working in aged care who can recommend or refer you
At the time of publication, this is the list of current Aged Care Industry Labour Agreements:
Curtin Heritage Living Inc.
Uniting NSW.ACT
TLC Aged Care Pty Ltd
Fremantle Italian Aged Persons Services Association Inc
I’m 45 years old (or over), can I apply for permanent residency through an Aged Care Industry Labour Agreement?
Unfortunately not. The ACILA does not offer a concession to the age limit for PR (186 visa), and applicants must be under 45 when they apply for this visa.
What concessions are available under the Aged Care Industry Labour Agreement?
Salary
A reduced TSMIT applies - $51,222 per annum.
English
English requirements depend on whether the aged care provider is CALD (Culturally and Linguistically Diverse) or not.
Those sponsored by CALD providers must achieve:
482 visa – overall IELTS 4.5 (or equivalent) with no minimum scores in each band
186 visa – overall IELTS 5.5 (or equivalent) with no minimum scores in each band
Those sponsored by non-CALD providers must achieve:
482 visa - IELTS 5.0 (or equivalent) with minimum of 5.0 for Speaking and Listening, and 4.5 for Reading and Writing.
186 visa – overall IELTS 5.5 (or equivalent) with no minimum scores in each band
If you needs help with this visa, Work Visa Lawyers can assist you.
Work Visa Lawyers is highly experienced in all parts of an employer-sponsored visa application process. We are able to assist with all aspects of the application, and will provide an eligibility assessment before advising you to proceed with a visa application.
Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your potential application(s).
Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.
You can book an appointment online or call us at (+61) 8 8351 9956.
This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent (like Work Visa Lawyers) to form an informed opinion on your immigration matter.
The TSS subclass 482 visa was introduced on 18 March 2018. It replaced the 457 visa which will no longer be granted. While applications for the 457 Visa are no longer being accepted, applications that were filed before 18 March 2018 will still be processed. View the full list of 457 and 482 Visa differences here.
A key feature of the TSS Visa 482 is that it splits the list into three streams:
Short-Term stream
$1,330, per applicant over the age of 18.
Medium-Term stream
$2,770, per applicant over the age of 18.
Labour Agreement Stream
$2,770 per applicant over the age of 18.
Short-Term stream:
Only allowed visa for duration of up to 2 years
Only one onshore renewal possible – this means that after 4 years on TSS the applicant will have to go offshore to apply again.
Occupations listed on STSOL
No pathway to PR provided for short term occupation (unless covid-19 concessions apply for 186 TRT Stream, this is a new temporary concession for 482 Visa short term to PR 186)
Medium-term stream:
TSS visas granted for up to 4 years
No limit on number of onshore renewals
Occupations listed MLTSSL
Offers a pathway to Australian PR after 3 years holding visa with the same employer through:
ENS Temporary Transition (subclass 186)
(Only for certain applicants)RSMS Temporary Transition (subclass 187)
This means that if you are applying through the medium-term stream, your 482 visa will be valid for up to 4 years. You will then be able to meet permanent employer sponsored visa requirements, which are not available to 2-year TSS visa holders. You should note that if you are applying under the Short-term stream, you will need to meet Genuine Temporary Entrant (GTE) requirements.
We have writtern a blog related to the GTE issue for student visa in the 7 Policy Reforms For Australian Migration
Labour Agreement Stream:
The Labour Agreement stream is for where occupations are not on the TSS list. The employer applies for a Labour Agreement to allow them to sponsor specific occupations not on the list or to access certain concessions to requirements.
This includes DAMA, industry labour agreements, GTEs and company-specific labour agreement.
Since the Skilling Australians Fund was implemented, the TSS 482 visa programme no longer utilises training benchmarks A or B which were used by the 457 visa. Instead, employers have to contribute towards the Skilling Australians Fund by paying the nomination training contribution charge upfront when lodging the nomination application. The levy will differ according to the length of the visa and size of business. There are a large number of requirements for approved 482 Business Sponsors and 482 visa holders to comply with.
Conditions applicable for business include:
Applicant works in the nominated occupation
Business should retain all the records
Cooperate with any inspections
Conditions applicable for the applicant:
Primary applicant can only work for the approved sponsor
There are a limited number of occupations with exemption to work rights
They must inform Department of Home Affairs if applicant stops working
Must find have new nomination within 60 days if employment ends
Ensure equivalence between Australians and foreign workers
The department undertakes monitoring upon all approved business sponsors.
There must be a genuine need for the nominated position, which must be on the 482 occupation list. A leading reason for refusals is failing to demonstrate that the position is genuine and required for the business. The 482 occupation list can be regularly revised by the department, so you will need to check the list to see if your occupation is there when you are lodging the 482 nomination application. It is highly advised that all applicants submit strong and supported nomination applications for the 482 Visa.
The Annual Market Salary Rate (AMSR) replaces the market salary rate previously required for the 457 visa applications. The AMSR is now more defined with strict differentiation between monetary and non-monetary remuneration. The salary must be at or above the Temporary Skilled Migration Income Threshold (TSMIT).This is the income threshold that is set by the Department of Home Affairs. Currently, the TSMIT is set at $53,900.
We advise that employers check with their migration agents or immigration lawyer to ensure the structure of the remuneration package for their sponsored employee meets AMSR requirements. Having too much of a non-monetary component as remuneration may result in the AMSR not being met.
Currently, a specified list of occupation and country of passport pairing are required to provide skills assessments for the TSS visa application. The list required to do skills assessments is mainly for trade related occupations plus for the occupation of program and project coordinator. The Department has not made any steps to extend this requirement so far. When the skills assessments are made compulsory (due to holding a specified passport when applying for a specified occupation), applicants will need to make sure they have enough time to complete the skills assessments before visa application is lodged, otherwise different options may need to be considered.
There is a new work experience requirements for the TSS 482 visa.
TSS visa applicants will now need to demonstrate 2 years of relevant work experience before they can apply.
This is a major change from the previous 457 visa requirements. Many international graduates may not have the 2 years of full-time and relevant work experience to apply for the TSS visa. This has been a major barrier to international graduates in Australia being able to seek employer sponsorship.
To avoid refusal of any application stage, it is important that all necessary documents are attached to your application. Furthermore, there have been cases where applications are refused due to only one or two documents missing from the employer or applicant. After the application is submitted, applicants may not be requested to provide further documents, especially for nomination applications, so it is advisable that all documents be attached to the online applications at the time of submission.
TSS visa holders need to be aware there if you have school age children enrolled in public schools, additional school fees may apply. For example in the state of South Australia, TSS 482 visa holders are expected to pay a levy for each child in school, which can amount to:
Approximately $5900 per primary student per year
Approximately $7000 per secondary student per year
Also, many temporary work visa holders are unaware that your health insurance coverage may not cover delivery or birth of newborn children in Australia. If you give birth to a baby in Australia while holding a TSS 482 visa, you may have to pay medical fees applicable to a foreign visitor, which will be a high amount.
Permanent Australian residency is only available for the medium-term stream and not the short-term stream. For Medium-term Stream Visa:
The pathway will be through the temporary transition ENS 186 (or RSMS 187 Visa, in rare cases)
After working with the approved Sponsor for three years, applicants can apply for a Permanent Visa
Previous holders of the 457 visa may still be able to access a two year pathway to permanent residency. Legacy 457 visa workers may also be able to access an age concession.
Do you need help with a Sponsorship or TSS visa application?
At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications.
If you are a holder of a 457 visa or intend to apply under the new rules, we can assist you.
We assist businesses of all sizes that are looking to sponsor and nominate a visa applicant.
Advise businesses how to meet the Labour Market Testing requirements.
We advise visa applicants on their eligibility to make the 482 visa application or who are transitioning from a 457 or 482 to permanent migration.
We assist permanent migration for eligible 457 visa holders through the ENS 186 visa pathway.
Advise visa holders with responses to the Department meeting the 8607.
Advise visa holders with responses to ‘Notices of Intention to Cancel’.
Advise Employers of their ongoing sponsorship obligations.
Assist employer with application for accredited sponsorship.
If you are a potential visa applicant, please book a consultation to discuss your visa options. We are experienced in all types of Employer Sponsored visas.
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 world is short-staffed. And this is especially felt by the health sector.
Australia needs more health workers.
According to the report prepared by the International Centre on Nurse Migration, Sustain and Retain in 2022 and Beyond, prior to the COVID-19 pandemic, the global shortage of nurses was estimated at 5.9 million. This has been exacerbated by the pandemic. And this skill shortage is across the health sector.
Australia has not been spared of the shortage of health workers and the Australian Commonwealth government and the different state governments had been implementing programs to attract overseas health workers to tackle staff shortages.
If you are a health worker and is interested to migrate you might be interested in the following support and programs offered by the different state governments.
*Note that all health professionals wishing to practice in Australia must hold Australian registration, have appropriate levels of education, skills, English language proficiency and experience and the appropriate visa to work in Australia.
Victoria
The Victorian government has announced that it will be providing relocation support for international and returning Australian health and mental health workers who have secured a job in a public health service.
This program is for health professionals who:
are currently living overseas, which may include Australian citizens returning home or non-residents who meet Commonwealth visa requirements
are international candidates whose occupation is on the Skilled Occupation list (SOL) and
have secured a job with a Victorian health service between 1 April 2022 and 30 June 2023 and intend to work within the Victorian public health system for at least two years, and
can access relevant Australian registration or accreditation for their profession
are fully vaccinated (including travelling families) for COVID-19 by a Therapeutic Goods Administration approved or recognised vaccine.
The support is for international travel allowance to help with relocation costs:
$10,000 for healthcare workers who secure a role in a public metropolitan health service
$13,000 for healthcare workers who secure a role in a rural or regional health service
The money will be transferred to the employing health service.
South Australia
SA Health is looking for internationally trained health professionals to express their interest to work for them in South Australia.
They are looking for international applicants with transferable skills and qualifications for medical, nursing and midwifery, and allied and scientific health positions.
The guidelines for the online application can be found in the SA Health website.
If you meet the eligibility criteria, SA Health will sponsor your visa and help you work through the visa process.
New South Wales
The New South Wales government announced that the state will have a $4.5B recruitment drive to increase its health workforce by more than 10,000 staff over the next 4 years. This included giving a one-off ‘appreciation payments’ and raising the public sector wage cap.
Some regional NSW districts such as the Western NSW Local Health District are also recruiting overseas medical and nursing professionals who are registered or close to completing their AHPRA registration process and have an IELTS score of at least 7. They can offer incentives of up to $10,000 and can provide sponsorship for the visa.
Queensland
Queensland is looking for international applicants with transferable skills and qualifications in the following professions:
The Norther Territory regularly have job opportunities throughout the territory for registered nurses, enrolled nurses and a variety of internationally trained Medical Officers or International Medical Graduates (IMGs).
For assistance with the application process, IMGs may contact:
For Top End Health Service (TEHS) job enquirers:
specialist and registrar roles: This email address is being protected from spambots. You need JavaScript enabled to view it.
interns and resident medical officers roles: This email address is being protected from spambots. You need JavaScript enabled to view it.
emergency department registrar and specialist roles: This email address is being protected from spambots. You need JavaScript enabled to view it.
For Central Australia Health Service (CAHS) job enquirers: This email address is being protected from spambots. You need JavaScript enabled to view it.
More information can be found in the Northern Territory Government NT Health website.
Western Australia
Western Australia is also recruiting international health professionals and often advertise job vacancies on the WA Health Jobs Board
The WA government had previously offered relocation incentives and offered experienced health professional reimbursement for their relocation costs if they are appointed to a permanent or fixed term contract of 12 months or longer with WA Health on, or after, 1 July 2022 and up to 30 September 2022.
Australian Capital Territory (ACT)
The ACT government has a national campaign to recruit more nurses and midwives to the ACT.
The ACT Nurses and Midwifery Enterprise Agreement 2020-2022 contains the provisions for the reimbursement for relocation expenses, allowances, etc.
Reimbursement for relocation expenses can be provided to interstate or overseas employees.
The relevant pre-determined ceiling is as below:
Employee Circumstances
Reimbursement Ceiling
Single with no dependants
$12,000
Additional Payment per dependant (up to 6)
$2,000
Additional payment per dependant (in excess of 6)
$1,750
Information as to what the ACT offers to nurses and midwives can be found in the ACT Health website.
Work Visa Lawyers has extensive experience in assisting international health workers apply for a visa in Australia.
Contact us if you need our assistance you can contact us at (+61) 08 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.
All those visas have permanent residency pathway options and a guaranteed market salary for you.
Today we are going to talk about the 2 most popular employer sponsored: visa subclass 482 (temporary skills shortage) and lesser known 494 Visa (Skilled employer sponsored regional).
An approved Standard Business Sponsor might be able to nominate skilled workers.
Normally there must be involvement from both employer and employee sides for the visa application.
In this blog, we only mention what applicants need to know about the difference between 482 visas and 494 visas.
482 visa – Temporary skills shortage (TSS)
The TSS visa, or 482 visa, is a temporary visa that permits the holder to
Live in Australia with their immediate family members, children can go to school and secondary applicants over 18 years of age can work in Australia
Genuine intention to work in the nominated position
Qualifications that are relevant to the position
Adequate arrangements for health insurance
Meet health, character and English requirements
494 Visa – Skilled Employer Sponsored Regional (Provisional)
The 494 Visa Australia allows skilled workers to be sponsored by an Australian employer in a regional area for up to five years
494 Visa holders can: • live and work in Australia for up to five years • include immediate family on 494 visa • transition to permanent residency (if eligible) via the 191 Regional Skilled Visa
494 Visa Requirements To be eligible to apply for visa 494, applicants must
be under 45 years
have at least 3 years work experience
have a valid skill assessment
demonstrate competent English
meet the health and character requirements
This table below will show you the comparison between the 2 visa eligibility criteria
Requirement
482 Visa - Temporary Skills Shortage (TSS)
494 Visa - Skilled Employer Sponsored Regional
Age
There are no age limits for the 482 visas.
Age limits do apply for the permanent residency pathway unless an exemption applies
Applicants must be under 45 years of age at the time of application, unless exempt.
English requirement
Requirements depend on whether applicant’s occupation is within the Medium and Long-term Strategic Skills List (MLTSSL), or Short-term Skilled Occupation List (STSOL).
MLTSSL (Medium Term): IELTS 5 in each band or 36 in each band for PTE.
STSOL (Short term): At least 4.5 in each band with an overall 5 for IELTS and at least 30 in each band (with an overall 36) for PTE.
Certain exemptions may apply, such as those who completed at least 5 years’ full-time study in a secondary/higher education institution where the medium of instruction was English.
Competent English - At least 6 in each band for IELTS or at least 50 in each band for PTE.
Applicants holding passports of Canada, New Zealand, Ireland, UK and US are exempt.
Skills Assessment
No, unless occupation and passport are specified in the legislative instrument
Certain exemptions apply, for instance 457/482 visa holders employed in the nominated occupation in Australia or Australian qualification holder that is commensurate to ANSCO-required qualification
Yes, although certain exemptions may apply such as those with positive skills assessment from 457/482 application
Work Experience
At least 2 years of work experience. According to departmental policy guidelines, this should have been within the past 5 years and casual employment is not counted.
At least 3 years of relevant employment experience. According to departmental policy guidelines, casual employment may be counted provided this equates to 38 hours per work.
NOMINATION REQUIREMENTS FOR 482 VISA AND 494 VISA
Similarities
Start with some similarities between the 2 visa subclass
It is obvious that both the 482 and 494 require applicants to be nominated by their employer.
There are some more similarities between the 482 visa and visa 494 in terms of:
Labour Market Testing (This is to show there is no suitable Australian citizen/permanent resident who can fill the nominated position)
The requirement to demonstrate the nominated salary is at least $53,900 (excluding superannuation)
Meets the Australian Market Salary Rate (AMSR) i.e.,
This ensures that the worker receives the salary that would be paid to an equivalent Australian worker in the same position at the same location.
In general, those are all the basic requirements to protect international workers.
Let’s move on to the most interesting part
Advantages and disadvantages between Visa 482 and Visa 494
There are 3 significant differences between the 2 visa streams
The dependence and Independence on Employer for Australian PR application
The most significant difference between the 494 visas and the 482 visas is the PR requirement.
With the 494 visas, you don’t need an employer to nominate you for PR.
Provided that you have met other 191 PR requirements such as:
Living and working in a designated regional area for 3 years
Have earned 53,900 per annum for those 3 years
*Please note this income threshold can be adjusted periodically in line with the inflation rate or consumer price index
For 482 Visa medium-term holders, they must be sponsored for a transition stream of PR 186 Visa.
More details can be watched the video below about how to get PR with 482 Visa:
However, there is no minimum income requirement to apply PR for 482 Visa holders.
The flexibility of location of work for 482 visa holders
Another difference between these two visas is flexibility in the location of the work.
The 482 does not require the visa applicant to work in a particular area, meaning they can work anywhere in Australia.
However, it depends on the occupation that applicants are holding to determine if they are eligible for PR or not.
That is why the 482 visa is very popular for skilled migrants who are currently working in Melbourne, Sydney, or Brisbane because it is hard for them to get PR with Skilled nominated Visa 190.
As a result, international workers from metro areas are moving regional just for permanent residence options.
