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. 

The Genuine Temporary Entrant (GTE) is a requirement almost all migrants will have to pass in the process of immigrating to Australia. Failing the GTE requirement can result in a devastating visa refusal. Here is what you need to know about the GTE criteria so you don’t receive a visa refusal notification.

1. What Is The GTE?
2. How To Meet The GTE Criterion?
   1. What Factors Do The DoHA Look At? 
   2. Your Immigration History? 
   3. If You Are A Student
   4. Supporting Your Claims
3. Does Every Visa Have The GTE Criterion? 

What Is The GTE?

GTE is short for Genuine Temporary Entrant. Based on the documents provided by the applicant, the Department of Home Affairs (DHA) will determine whether the applicant has a true purpose of temporary stay and the intention to stay in Australia for the time being. 

The DHA will consider the applicant's background in their home country, the immigration history, the incentive to stay in Australia or return home. If you do receive a GTE visa refusal you may have the option to appeal and review the decision.

How to Meet GTE Criterion?

What Factors Do the DoHA Look At?

DoHA looks at factors which might make you wish to not return to your home country:

• Political or civil unrest
• Military service commitments
• Your financial circumstances in your home country

The DoHA will also look at factors which would encourage you to return home such as, if you have a job back home, and have approved study leave. Another example would be if you have a business or personal assets in your home country, or close family members this may also be considered.

Your Immigration History

DoHA checks your immigration history as well:

• If you have spent a long time in Australia, DoHA may consider that you are seeking to extend your stay in Australia and work here.

• If you have had previous visa refusals/cancellations

• Any previous issues with visa compliance - for example not completing studies on previous student visas, working in excess of work conditions, overstaying your visa

If You Are A Student

Some visas may require more information, take Student visa subclass 500 for example. You will have to provide all the mandatory information but you may also need to explain how the proposed course will assist you in your future career.

If you are requested to provide how the course will assist you, it would be very helpful to:

• Relate the new course to what you have previously studied
• Relate the new course to what you are currently doing in your work
• Relate the new course to your career plan

In your explanation, try to answer the following questions:

• Why you chose Australia to study instead of in your home country?
• Why did you choose the courses?
• What is the value of your course to your future?
• What is your plan after graduation?

One of the more important categories DoHA will question you about is the value of the course to your future. DoHA will consider:

• if the course is consistent with your current level of education
• if the course is relevant to past or proposed future employment in your home country or a third country
• expected salary and other benefits in your home country or a third country with your qualifications from the proposed course

When drafting your GTE statements, it is important that you pay very close attention to all the requirements if you fall under one or more of these categories:

• Student visa applicants over 30 years old
• Applicants who have not completed their studies and need to transfer to another school
• Applicants who have applied for a degree lower than their highest academic level
• People who have applied for a student visa in Australia many times
• Applicants who are not related to the previous education situation

Supporting Your Claims

Evidence documents to support the facts you listed in your statement should be provided at the time of application as well.

For example, if the applicant mentions that his future goal is to return home and open a restaurant, he can explain it in his GTE and prepare a corresponding business plan for opening a restaurant. However, if an applicant only said in his GTE statement, “I applied because I like it very much.” Such claim is not convincing and will not meet the GTE requirements.

Below is a real example of a refusal that a client received before consulting with Work Visa Lawyers.

Please note that it is common for a case officer to call you and ask you questions about your reasons for study in Australia. You may not receive any notice of this, so it is very important that you are prepared to discuss your case.

 Does Every Visa Have the GTE Criterion?

In short, no, but the majority of visas do use GTE requirements. The GTE is important because it applies to all Visitor Visas and some of the Temporary Visas. To put this in perspective, the Australian Bureau of Statistics recorded 780,500 Visitor visa movements in September 2018. Keeping the same amount of movements per month, in a year there would be 9,366,000 Visitor Visa movements. This means that nearly 10 million people would have had to pass the GTE requirements.

Some of the most common Temporary Visas that have the GTE criterion are:

• Student visa subclass 500  Recently released migration system review report has suggested that the GTE criteria for Student visa subclass 500 applications be replaced with something called Genuine student test, which will be focused on assessing whether the student has genuine studying intentions as compared to GTE where focus is on assessing whether the student is coming to Australia on a temporary basis and will not live here permanently.
• Visitor visa subclass 600
• Temporary work visa subclass 400
• Temporary Activity​ subclass 408
• ​Training subclass 407
• Work and Holiday visa subclass 462
• Working holiday subclass 417
• Medical treatment subclass 602
• Short-term stream subclass 482

It is important to remember that the GTE is often not the only criteria you will have to meet. For example, the Short-term stream subclass 482 which replaced the popular subclass 457 recently, has many requirements including IELTS and other skills assessments.

It is also important to show a range of documents to demonstrate an incentive to return home.
These could include:
- Employment to return to in home country.
- Close family ties and responsibilities in the home country - for example, if you are married and your partner is staying in home country during the visit, this is a positive GTE factor.
- Ownership of property or businesses in home country

Do you need help with an Australian visa application?

Lawyers and Registered Migration Agents from Work Visa Lawyers have rich experience in drafting GTE statements. If you need any assistance, please feel free to contact our team.

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications, including state sponsorship applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

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

(08) 8351 9956

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

Sources

http://www.abs.gov.au/ausstats/[email protected]/mf/3401.0/

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-590/genuine-temporary-entrant

https://www.workvisalawyers.com.au/news/all/australian-visa-refusal-notification-options-for-the-appeal-review-process-tribunal-ministerial-review.html

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-500

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/visitor-600

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-work-400

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-activity-408

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/training-407

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

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/work-holiday-417

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

https://www.workvisalawyers.com.au/news/all/top-10-facts-you-need-to-know-about-the-new-482-visa-1.html#Skills

https://www.workvisalawyers.com.au/news/all/ielts-now-offering-computer-delivered-english-tests-for-visa-applicants-in-australia.html

https://www.workvisalawyers.com.au/news/all/skills-assessments-occupation-lists-for-australian-tss-482-and-employer-sponsored-permanent-resident-visas.html

887 Visa Updates - Improve time process.

There are more than ten thousand applications made for Visa 887 (Pathway to PR from Skilled Visa 489) from 1 July 2021 to 30 November 2022.

With the current report, there are less than 3000 visa grants between July 2021 and November 2022.

Recently, Department of Home Affairs has made a great progress in deciding the 887 applications. Most applicants who lodged their 887 visa applications by October 2021 have got their visas or been contacted by a Case Officer.

Granting PR to people that have been living and working in Australia endorses the pathway from Provisional Visa to Permanent Visa is effective.

It brings confidence to skilled migrants to consider a Provisional Visa when a Permanent Visa is not available to them.

Processing more permanent visa for regional migrants can encourage they move from metro areas to regional locations.

To apply for an 887 the visa holder must have held a 489 visa (Which is replaced by 491 Visa now) to live in a regional area for 2 years and work full-time for at least one year.

To apply for a 191 the visa holder must have held a 491 visa to live in a regional area for 3 years and have more than $53,900 taxable income for three financial years. The 191 visa application was open in November 2022.  

We do hope that they will grant more permanent visas for regional Australia and for Australia’s reputation, as Australia is facing severe skills shortages in regional areas.

Watch the video now:

Please find below the most asked questions about 887 Visa:

• Who needs the 887 visa?

• What are the requirements?

• What is the application process?

How can Work Visa Lawyers help?

Work Visa Lawyers is highly experienced in all parts of the General Skilled Migration visa application process.

Work Visa Lawyers will provide an eligibility assessment before advising you to proceed with a visa application.

We aim to put forward a decision-ready application, including all necessary supporting documents. Before lodgement, we perform all the required checks on your supporting documents to ensure that you meet the requirements.

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

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

Contact us on (08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

Book an appointment with one of our experienced Immigration Lawyers and Registered Migration Agents here.

Positives and negatives/ conditions and requirements

Negative aspects, No longer till PR!

People are often concerned about the length of time that it takes to get to PR for a 491.
Realistically, with the processing time for the 491 at 10, the further processing time for a 1913 years later, in total, it’s likely to take at least four years until you holding PR.
Buying property - more costs
You can buy property holding a 491 Visa, but you will have to ask for foreign investmen review board approval approval (FIRB).  And it is relatively easy to get FIRB approval for a primary residence. There is also extra stamp duty when buying a house as a temporary resident.

Positives of going for a 491:

Being able to work full time and for 8 am player and in multiple roles on a 491 is a major benefit.
If your Australian Visa is running out van for no one is an often a good option.
Other options to stay in Australia, may have negatives. For example, going for a student Visa involves the risk of refusal due to GTE,
Includes the cost of paying for the course and also will lead to limited work hours of 48 a fortnight. 
Employer-sponsored visas, such as the 482  you can only have one employer, and one type of occupation. The flexibility of a 491 for work purposes, maybe more attractive.

Click here to check the 491 Visa State & Territory Nomination Availability

The Skilled Work Regional (Provisional) visa, subclass 491, is a provisional visa that has a pathway to permanent residency. 

How can I get PR after the 491 visa?

The 491 visa is valid for 5 years.

You will be eligible to apply for the PR visa – Permanent Residence (Skilled Regional) visa, subclass 191, when you have

• held the 491 visa for 3 years, and
• complied with the conditions, and
• had a taxable income at or above TSMIT for at least 3 financial years.

 For more information, please visit our blog: 191 Visa - 491 to 191 PR Visa

What are the 491 visa conditions?

8579 - Must live/work/study in a designated regional area

This condition means that, while in Australia, you must live, work and study only in a part of Australia

A full list of designated regional areas is available on the Department of Home Affairs’ website immi.homeaffairs.gov.au/what-we-do/regional-migration/eligible-regional-areas

As this list may change from time to time, you should keep a copy of this information at the time relevant to your visa.

8580 - Must provide evidence of addresses

This condition means that, if requested, you must provide the Department of Home Affairs with evidence of any of the following within 28 days:

• your residential address
• the address of your employer/s
• the address where your job is located
• the address of your educational institution.

The request will be sent to 491 holders randomly.

8581 - Must attend an interview

This condition means that you must attend an interview with the Department of Home Affairs if you are invited to do so in writing.

8578 - Must notify of certain changes

You will have to notify the Department if there is any change of your address, passport, email, etc.

Once I have applied for the 491 Visa can I also Apply for the 189 or 190 Visa?

If you have the 491 visa granted, the answer is no.

It’s not possible to apply for the 189/190 Visa in the first three years of holding a 491 visa. 

Please see below for more information:

Restrictions on applying for other permanent visas.

It is intended that holders of a regional provisional visa (Subclass 491 or 494 visa) who comply with the conditions of their visa, access permanent residence by applying for the Subclass 191 visa. Legislative requirements for other visa Subclasses have been amended to ensure this intention is achieved.

Subclass 491 visa holders are unable to:

• make a valid application for a Subclass 820(Partner) visa unless they have held the Subclass 491 visa for three years;
• unless circumstances specified in a legislative instrument exist (at the date of publication of this document no circumstances were specified), be granted one of the following visas until they have held the Subclass 491visa for three years:
  • Subclass 132(Business Talent) visa
  • Subclass 186(Employer Nomination Scheme)
  • Subclass 188(Business Innovation and Investment (Provisional))
  • Subclass 189( Skilled (Independent)
  • Subclass 190(Skilled (Nominated)
  • Subclass 858(Distinguished Talent).

How to get a 491 visa?

1. Check eligibility against the points test.
2. Obtain positive skills assessment and required English test results
3. Submit an Expression of Interest (EOI) through SkillSelect
4. Apply for State or Territory government nomination
5. Submit visa application within 60 days of receiving an Invitation to Apply (ITA) and include all supporting documents for the application

Do note that this is a simplified overview of the steps involved. Preparing and providing the right documents and information as required is an important factor in ensuring your application is processed smoothly.

What is the benefit of 491 visa?

More occupations available for 491 Visa Australia

For 189 Skilled Independent Visa, you must work in an occupation that is listed in the Medium and Long term strategic skilled list (MLTSSL).

190 visa applicants can access both MLTSSL and Short term skilled occupation list (STSOL).

491 visa applicants can get access to larger skilled occupation list which includes the above two plus occupations in Regional Occupation List (ROL).

491 visa holders are eligible to apply for Medicare Australia

Although 491 visa is only a temporary 5 year working visa with a pathway to Permanent Residency 191 Visa, all applicants who have applied for the visa may be eligible for Medicare, which helps with the costs of seeing a doctor, getting medicines, and accessing other health services. Medicare does not cover all health-related expenses and limits of coverage do apply.

Visa holders should understand these limitations and assess their private health insurance options before arrival. Visit the Medicare website for further information.

The regional 491 Visa nomination requirement is much easier than the visa 190.

It is important that the Australian Government is trying to push skilled migrants to live and work in regional areas of Australia.

This makes the requirement for 491 nomination is a lot easier than 190 visa which people can get the 190 nomination by living and working in metro areas like Melbourne, Sydney or Brisbane.

So, those who cannot get 190 in metro areas they might have to move to regional areas to seek more permanent residency options in Australia.

491 visa NSW and 190 Visa NSW are quite straightforward.

Let's take 491 visa South Australia as an example: Chef in South Australia need 12 months of work experience to get 190 visa. However, they only need to work 3-6 months depending on the location to get 491 visa as a chef.

Lower EOI points required for 491 visa

Another good thing for 491 visa applicant is you only need to get 50 points on your own because state gives you 15 points as being nominated for 491 visa application.

There are still arguments about the 491 and the 190 visa. Each visa has its own benefits like the 190 visa and a direct Permanent residency while the 491 visa is only temporary and the waiting time to Australian PR could be up to 4  years or more (3 years maintaining the income threshold required and processing time for 191 Visa).

However, with someone who is struggling with NSW state nomination, Victoria State Nomination or QLD state nomination because they are living and working in Melbourne, Sydney or Brisbane, they might be interested in getting a 491 visa in the regional area of Australia.

Can I buy a house in Australia on a 491 visa?

Yes. Similar to other temporary visa holders, 491 visa holders are subject to Foreign Investment Review Board (FIRB) requirements.

For more information, please visit Purchasing a Property In Australia 2022 – For temporary and permanent residents

How can Work Visa Lawyers help?

Work Visa Lawyers is highly experienced in all parts of the General Skilled Migration (GSM) visa application process. We are able to assist with all aspects of the application, and can also advise on complications in relation to:

• skills assessments
• nominating the appropriate ANZSCO code
• state/territory nomination applications
• difficulties in obtaining documents to demonstrate work experience or family relationships
• upcoming deadlines which will affect your points total, such as age or expiring documents. We prepare your application efficiently to enable your visa application to be submitted as quickly as possible.

Work Visa Lawyers 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 Australian visa or appeal.

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

If you have any further questions or need a visa assistance please contact us 

Are you a Café or Restaurant Manager looking to migrate to or work in Australia?

Qualified Café or Restaurant Managers have visa options to migrate to or work in Australia as this occupation is in the different skilled occupation lists, meaning it is an occupation that is needed in Australia or there is a skill shortage that needs to be addressed.

The visa options for a café or restaurant manager, depending on the applicant’s circumstances, can either be employer-sponsored or under the general skilled migration (GSM).  

The visas available for a café or restaurant manager, depending on whether they are eligible includes:

• Skilled Nominated (subclass 190)
• Provisional (temporary) visas that can lead to permanent residency visas:
  • Skilled Regional (Provisional) visa (subclass 489) - State or Territory nominated
  • Temporary Skill Shortage visa (subclass 482) - Short Term Stream (subject to caveats)
  • Skilled Employer Sponsored Regional (provisional) (subclass 494) - Employer sponsored stream
  • Skilled Work Regional (provisional) visa (subclass 491) State or Territory nominated
• Employer Nomination Scheme (subclass 186)

Applying under the General Skilled Migration (GSM)

If you are applying under the GSM or the state-nominated visa, you need to:

1. Check your eligibility first and checking if you have the required points needed.

Points are based on the following:

1. Age
2. English language skills
3. Skilled employment/work experience (outside and in Australia)
4. Educational qualifications
5. Australian study requirement
6. Specialist education qualification
7. Credentialled community language
8. Study in regional Australia
9. Partner Skills
10. Professional year in Australia
11. Nomination or Sponsorship

 Please arrange an appointment for the best advice by clicking the button below.

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2. Get a positive skills assessment

The assessing authority for café or restaurant manager is VETASSESS.

Generally, to get a positive skills assessment the qualifications required is a s a qualification assessed as comparable to the educational level of an Australian Qualifications Framework (AQF) Diploma or higher (ANZSCO Skill Level 2).

To meet the assessment criteria, you should be able to meet any of the following:

1. Have the minimum the comparable Diploma or higher AQF level AND highly relevant major field of study PLUS 1 year highly relevant employment duration OR
2. Have the minimum the comparable Diploma or higher AQF level AND a minimum AQF Certificate IV level with highly relevant major PLUS 1 year highly relevant employment duration OR
3. Have the minimum the comparable Diploma or higher AQF level PLUS 2 years highly relevant employment duration OR
4. If employment is prior to the completion of the qualification at the required level - Have 4 years of highly relevant paid employment duration with at least 1 year of highly relevant employment within the last five years before applying PLUS have the minimum the comparable Diploma or higher AQF level. The remaining three years of pre-qualifying period may be within the last ten years.

3. Submit your Expression of Interest

You do this through the Department of Home Affairs’ SkillSelect website. In your EOI you would need to provide the details of your:

• Your English language test
• Educational and qualifications
• Skills Assessment
• Employment history

This is where the points you are claiming will be calculated.

4. State nomination

The requirements for each state and territory for state nomination differs. The process may defer depending on which state you want to sponsor you. Some states like Tasmania requires the applicant to submit their Registration of Interest and wait for an invitation to apply for state nomination.

5. Invitation to apply for the visa

6. Apply for the visa

If applying for an employer-sponsored visa

If you have an employer willing to sponsor you, you can look at the employer-sponsored visa options.

Subclass 494

If you are based in a designated regional area in Australia and have an employer who is willing to sponsor you, have at least 3 years relevant work experience then this visa may be for you.  This visa is valid for 5 years and after 3 years of holding this visa and upon meeting the eligibility requirements, you may be able to apply for the Permanent Residence (Skilled Regional) visa (subclass 191).

Subclass 482

If they have an employer who cannot find a qualified Australian worker to work as café or restaurant manager, then the employer may be able to sponsor you for the Subclass 482 visa – Short Term stream.  However, caveats apply for nominating a café or restaurant manager for this visa, that is, you will not be eligible if you work in a limited-service restaurant. Limited-service restaurants are those places such as fast food or takeaway food services, fast casual restaurants, drinking establishments that offer only a limited food service, limited-service cafes similar to mall cafes.

Subclass 482 visa holders may be sponsored by their employer for permanent resident visa, the  Employer Nomination Scheme (subclass 186) visa, after they have worked for their employer for at least 3 years full time while holding a sc-482 visa.

Subclass 186

As mentioned above, eligible subclass 482 visa holders may be able to apply for this visa if they have worked full time for their sponsoring employer for at least 3 years. Note that from 1 July 2022, eligible 457 and TSS – short term stream visa holders will be able to apply through the Temporary Residence Transition stream. The pathway will be accessible for two years from its commencement on 1 July 2022.

Alternative tiles:

• Food and Beverage Manager
• Restaurateur

Others occupation titles that might be consider:

• Café or Restaurant Manager
• Hotel or Motel Manager 
• Hotel Service Manager
• Accommodation and Hospitality Manager
• Cook 
• Chef
• Pastry Cook

If you want to check if you are eligible for any of the above visas, please contact our office on (+61) 08 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

Or book an appointment with one of our experienced Immigration Lawyers and Registered Migration Agents here.

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

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.