SKILLED VISAS - Reform TO THE Australia's Points Test
The Albanese Government is taking steps to update Australia's migration system with a focus on the Points Test, which has remained unchanged since 2012.
A new discussion paper has been released, aiming to reform the Points Test used to select skilled migrants.
The Points Test is crucial in the selection of nearly two-thirds of permanent skilled migrants, determining eligibility for those aiming to settle in Australia permanently.
The test is designed to evaluate potential migrants based on various criteria that indicate their likelihood to integrate successfully and contribute to the Australian economy.
Recent findings from the Migration Review suggest that the current Points Test fails to effectively identify candidates who are most likely to make a long-term contribution to the nation.
Recommendations for a recalibrated Points Test include focusing on attributes linked to successful integration into the Australian skilled workforce, targeting skills that align with Australia's current and future needs, and improving the recognition of contributions from partners.
The Australian National University has been commissioned to analyze key factors that predict successful outcomes for migrants in Australia. This analysis will inform the ongoing reform of the Points Test.
Feedback on the proposed changes is being collected through a consultation phase, ending on 24th May 2024.
These adjustments are part of a broader strategy to optimize Australia’s migration system, aiming to enhance efficiency and fairness for migrants looking to build their futures in Australia.
Minister for Home Affairs Clare O’Neil emphasized the necessity of these reforms, stating that the objective is to construct a more strategic and effectively planned migration system, which aligns with Australia’s long-term needs and reduces overall migration levels.
This reform is a significant component of the government's strategy to refine the skilled migration program and ensure that it contributes positively to Australia’s socio-economic landscape.
Changes to the GTE requirement for Student visas sc 500 - From 23 March 2024
The Department of Home Affairs has announced that changes to the student visa subclass 500, as outlined in the Migration Strategy released last December, will take effect from March 23, 2024, for applications submitted on or after that date.
The main change pertains to the Genuine Temporary Entrant (GTE) requirement: up to now, international students have been requested to submit a letter of intent along with their visa application. However, this statement will now be replaced by a Genuine Student (GS) requirement.
This new requirement will comprise targeted questions designed to assist case officers in evaluating students' genuine intentions to pursue quality education in Australia, distinguishing their study plans from any future migration aspirations.
The questions will focus on:
Details of their current circumstances, including connections to family, community, employment, and economic conditions.
An explanation for their choice of course and reasons for selecting Australia as their study destination.
Advantages offered by the chosen course.
Educational history for applicants with a prior record of studying in Australia.
Reasons why applicants holding a different visa in Australia require a student visa, and any additional relevant information the applicant wishes to provide.
Although articulated differently, with questions replacing the current statement, many aspects of the new GS requirement will overlap with the GTE. However, the last two points, specifically concerning applicants who are already studying in Australia and those holding visas other than student visas, look particularly aimed at scrutinizing the intentions of applicants already within the country. These applicants will need to demonstrate their genuine student status, if they have previously studied in Australia (for example, showing that they have successfully completed their previous course of studies). If they are onshore on a different visa, they must show that their intentions genuinely revolve around achieving education in Australia. This measure is in place to prevent visa misuse for alternative purposes.
Additionally, amendments will be made to the student visa declaration to ensure that students:
Understand what it means to be a genuine student for the purpose of studying in Australia.
Have read, comprehended, and agreed to comply with the conditions of the student visa, as well as to notify the Department of Home Affairs of any changes to their circumstances.
Recognize that while post-study pathways to permanent migration exist, only a limited number of graduates will be eligible, and those unable to legally remain in Australia must depart.
There is a possibility that changes to the English language requirements for international students, also outlined in the Migration Strategy, will be introduced at this stage; however, there are currently no specific updates regarding this matter.
It's important to note that despite the imminent start date, these changes have not yet been enacted into law. The Department will provide further details closer to the expected implementation date.
NEW STUDENT AND TEMPORARY GRADUATE VISA MEASURES
In the latest migration strategy unveiled in December 2023, significant changes have been outlined for the subclass 500 student visa and the 485 temporary graduate visa.
Let's delve into the details together.
1. English Language Requirements:
Student Visa 500: Currently set at a minimum score of 5.5 IELTS (or equivalent score for another test), the new score will be elevated to 6.0.
For those undertaking an ELICOS English course only, there are no changes. However, if the ELICOS course is part of a study package, the minimum score will increase from the current 4.5 IELTS (or equivalent) to 5.
Additionally, for University Foundation or Pathway programs delivering English language training, the required test score for students will be IELTS 5.5 (or equivalent).
Temporary Graduate Visa (TGV) 485: The minimum score required for a TGV will rise from IELTS 6.0 to 6.5 (or an equivalent score in another test), with a minimum score of 5.5 required for each component of the test (reading, writing, speaking, and listening).
Important: the test validity window for a TGV will be reduced from the current 3 years to 1 year. Therefore, TGV applicants will need to provide proof of having completed an English language test within 1 year immediately before the visa application date.
2. Changes in Student visa Assessment and Decision Procedures:
Ministerial Direction No.107 establishes prioritization of student visas (and Student Guardian visas) caseload based on the risk-level of the schools. Educational institutions are classified according to a risk level ranging from 1 (least risky) to 3 (most risky). While all student visa requests will be assessed, priority will be given to applications made for courses of study at less risky institutions, whereas requests made for riskier ones will experience longer decision times. Visa requests that include children under 18 will also be given priority.
This priority system has already commenced on 15 December 2023.
Attention will be strengthened on key areas of student visa applications, including the circumstances of the applicant, such as their academic or career progression, and the usefulness of the intended study to their future career prospects. The aim is to prevent student visa requests from non genuine- students: those who do not meet the requirements will not have the student visa approved.
We expect these changes to begin early this year.
You can read the Migration Strategy- Student and Graduate visa measures fact sheet here while more info about the Ministerial Direction 107 can be found here.
The Migration Strategy plan has unveiled important changes in the immigration scenario! Check out our blog post about what’s coming!
If you need assistance with applying for your visa, do not hesitate to contact us!
NEW "SKILLS IN DEMAND" VISA- Coming soon!
Big changes are underway in Australia's immigration landscape as the announcement for a new "SKILLS IN DEMAND” VISA has been unveiled. The Australian immigration system is gearing up for a significant revamp, aiming to attract individuals with the skills the country needs.
In this blog post, we'll explore the key details about this new visa and what it means for prospective immigrants.
What We Know So Far:
The New Visa Streams: According to the Migration Strategy plan released last December 2023, the upcoming visa will be available in three streams, each designed to identify and accommodate the specific skills Australia is in need of:
Specialist Skills Pathway, to drive innovation and job creation:
This pathway will be for highly skilled workers and welcomes applications from nearly all occupations (except trades workers, machinery operators and drivers, and labourers).
The primary requirement will be an annual salary of at least $135,000.
An annual cap of available spots will most likely be enforced.
Core Skills Pathway, to bring in the skilled employees Australia needs now and in the future:
Individuals seeking sponsorship through this stream will have an occupation listed in the relevant Core Skills Occupation list, with salaries ranging from $70,000 to $135,000 per year.
This pathway is expected to be central, covering a majority of the visa applications. Unlike the Specialist Skills Pathway, trades workers, machinery operators and drivers, and labourers will be eligible to apply.
The Core Skills occupation list will be regularly updated to reflect Australia's evolving needs for skilled workers.
Essential Skills Pathway:
This stream will be for workers with skills essential to Australia, but their salaries are below $70,000.
Initially, the department is expected to open this stream to applicants employed in aged care and disability assistance sectors. However, this pathway is still considered an area for future reform, with consultations scheduled to begin in early to mid-2024.
Additional Highlights:
Sponsor Transfers: Sponsors can be transferred within 180 days instead of the current 60 days.
Expanded Work Opportunities: Unlike the current restriction where individuals can only work for the nominating employer, Skills in Demand visa holders will be able to work for multiple employers. Employment with any approved employer will count towards permanent residence requirements.
It's important to note that these changes are not yet officially legislated, and the exact timeline for implementation remains uncertain (we expect them to become active from late 2024). As of now, the existing work visas like TSS 482, ENS 186, and Regional 494 remain in effect.
For more information on these visas and recent reforms already in place, click here.
Stay tuned for the latest updates on immigration and visas in Australia!
Major Reforms in Australian Immigration: Expanding Access to Permanent Residency
The Australian Government has introduced the "Migration Amendment (Expanding Access to Temporary Residence Transition Stream) Regulations 2023", marking a pivotal shift in the country's immigration policy.
These amendments are set to significantly impact the pathway to permanent residency for holders of Subclass 482 and Subclass 457 visas.
Expanded Access to TRT Streams:
The new regulations extend the Temporary Residence Transition (TRT) stream of the Subclass 186 or 187 visas to all holders of Subclass 482 and Subclass 457 visas, irrespective of their stream. This expansion provides a broader pathway to permanent residency, especially for those who arrived in Australia post-pandemic.
Reduced Eligibility Period for TRT Stream:
The eligibility period for approval of a nomination in the TRT stream has been reduced. Applicants now need to have worked in their nominated position for two out of the three years immediately before the nomination application, as opposed to the previous requirement of three years out of four.
Removal of Occupation List Requirement:
Removal of the requirement for the occupation to be listed on the Medium and Long-term Strategic Skills List or the Regional Occupation List for the TRT stream. This change aligns with the new pathway to permanent residency for all temporary skilled workers, focusing on the employer’s need rather than broader labour market demands. It allows employers to sponsor a wider range of occupations on a permanent basis, addressing skills shortages and providing greater certainty for visa holders.
Removal of Application Limits for Short-term Stream:
The limit on the number of Subclass 482 visa applications in the Short-term stream that can be made in Australia has been removed. This reflects the decision to provide a permanent residency pathway for all streams of the Subclass 482 visa, eliminating the need for offshore applications for subsequent visas.
These changes are set to benefit a significant number of temporary visa holders and employers. It's a move that not only addresses immediate labour demands but also positions Australia as a more attractive destination for skilled workers globally.
Expanding Employer Sponsored Pathways to Permanent Residence (PR)!
Important updates for subclass 482 (or 457) visa holders!
To ensure that temporary skilled workers have a pathway to PR, the Department of Home Affairs is working on changes to the:
Temporary Skill Shortage (subclass 482) (TSS) visa
Temporary Residence Transition stream (TRT) of the Employer Nomination Scheme (subclass 186) (ENS) visa
Regional Sponsored Migration Scheme (subclass 187) (RSMS) visa
Key Points of the reform:
PR pathways for 482 visa holders regardless of their occupation
Access to the 186 TRT/ 187 TRT visa after 2 years with the same employer (currently 3).
Applies to 186 TRT/ 187 TRT visa applications lodged on/after 25 November 2023* (and applications already lodged that are yet to be finalised as at 25/11/2023)
We are ready to assist you with these upcoming changes. Contact us for guidance on how this could benefit your future in Australia!
*Pending regulation approval.
Australia- UK Free Trade Agreement (AUKFTA)
The Australia-United Kingdom Free Trade Agreement officially came into effect on May 31, 2023, marking a significant milestone in the economic ties between these two nations.
Boosting Trade Relations
The United Kingdom stands as one of Australia's key trading partners, and the numbers speak for themselves. In 2022, the two countries engaged in a robust $10 billion worth of two-way goods trade. Thanks to this landmark agreement, over 99% of Australian products can now enter the UK market without incurring any duties or tariffs. Moreover, UK tariffs on Australian industrial goods have been completely eliminated. The agricultural sector also sees a positive shift, with products like beef, sheep meat, sugar, and dairy now enjoying duty-free transitional quotas, eventually leading to the elimination of all tariffs.
Strengthening Ties
Beyond the economic aspect, this agreement enhances the people-to-people connections between the two nations. Australian professionals now have access to the UK job market on par with their counterparts from the European Union, with the exception of the Republic of Ireland.
Facilitating Mobility
The agreement doesn't stop at trade—it also focuses on fostering mobility for skilled workers and young people in both directions. Starting from July 1, 2023, UK passport holders can apply for a Working Holiday visa between the ages of 18 and 35 years inclusive (up from the previous limit of 30). Additionally, beginning July 1, 2024, UK passport holders can obtain up to three separate Working Holiday visas without needing to meet specific work requirements.
Exemption from Labour Market Testing
A notable highlight of this agreement is the exemption of UK citizens (including UK Permanent Residents) from Labour Market Testing (LMT). LMT is a requirement for employers to demonstrate that they couldn't find a suitable Australian worker before sponsoring an overseas employee.
This free trade agreement is set to bring significant opportunities and benefits to both Australia and the United Kingdom, fostering economic growth and closer ties between the two nations.
Skilled Nominated visa (190) - NSW: updates 27 September 2023
Invitation rounds for the SKILLED NOMINATED visa (190) in NSW will commence next week.
What’s changing:
Due to high demand and limited places, to better address the skills shortages across the State, NSW will focus on priority sectors that need skilled workers, including:
Health
Education
Information and Communication Technology (ICT)
Infrastructure
Agriculture
Although the focus will be in key-industries, high-ranking Expressions of Interest (EOIs) in non-priority sectors may also be considered.
Changes to Working Holiday Maker and UK Youth Mobility Scheme
Good news for UK citizens as the Australia-United Kingdom Free Trade Agreement entered into force in 31 May 2023. Let’s see the main changes that the agreement brings to the WHV program:
Age Limit Extension: Previously, the age limit for UK citizens participating in Australia's Working Holiday Maker program was 30 years. The new age limit is 35 years.
From 1 July 2024, UK passport holders will be eligible to be granted Working Holiday visas up to a total of three years without having to meet any specified work requirements
Changes to Australian Visa Application Charges in the 2023-2024 Federal Budget: What You Need to Know
The Australian Federal Budget for 2023-2024 has just been released.
One of the most notable changes is the increase in Visa Application Charges which will take effect on July 1, 2023.
In addition to the regular Consumer Price Index (CPI) indexation, the VACs will increase by 6% for visa applications. However, certain visitor and temporary visa subclasses will experience an even greater increase of 15%, while business innovation and investment visas will see a staggering 40% increase.
The select visitor and temporary visa subclasses that will be affected include visitor, working holiday, work and holiday, training, temporary activity, and temporary work (short stay specialist).
For what is worth (!) visa processing times may improve as a result of the increased funding, which could be beneficial for applicants in the long run.
Exciting Changes to ENS Visas for TSS 482 Holders in 2023
Exciting changes are coming to the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme SC 186 by the end of 2023. All Temporary Skill Shortage (TSS) SC 482 visa holders will now be eligible for ENS visas sponsored by their employers, as long as they continue working in the occupation nominated for their TSS visa. The best part? Sponsored visa holders can now apply for ENS TRT after just two years of sponsorship, down from the previous three-year requirement.
Of course, all other nomination and visa requirements for the TRT stream of the Employer Nomination Scheme visa must still be met. Additionally, the limit on Short Term stream TSS visa applications that can be made onshore has been temporarily removed. Keep an eye out for these exciting changes and don't hesitate to contact us for more information or book a consultation.
TSMIT raised from $53,900 to $70,000 and new PATHWAY to permanent residence
The Albanese Government has announced a significant increase in the Temporary Skilled Migration Income Threshold (TSMIT) from $53,900 to $70,000 effective July 1, 2023. This is the first increase in a decade and brings the TSMIT in line with where it should have been if it had been properly indexed over the last 10 years.
In addition to this, the Albanese Government has announced that Temporary Skill Shortage (TSS) short stream visa holders will have a pathway to permanent residency within the existing capped permanent program by the end of 2023.
As Minister for Home Affairs and Cyber Security, Clare O’Neil stated, “Our migration success story is rooted in permanency and citizenship. Giving people the chance to get established in their community, educate their kids, and become Australian.”
The Minister for Immigration, Citizenship, and Multicultural Affairs, Andrew Giles, has highlighted that this increase is long overdue and will ensure a fairer system for both migrant and Australian workers.
NEW LEGISLATIVE INSTRUMENT 22/038 - A NEW PATHWAY TO PR
The brand new LI 22/038 gives an official form to what had been previously announced by the Minister for Immigration: people who were brave enough to remain in Australia during the pandemic will be somehow rewarded.
Among the other concessions, the LI establishes a new cohort that will be eligible for a permanent visa through the employer nominated visa subclasses 186 and 187.
Also, it extends the transitional concessions for people who had/had applied a 457 visa before 17 Apri 2017, the date when everything changed, concessions that were set to end on 18 March 2022.
The new legislation will come into effect on 1 July 2022.
But who belongs to the new category of potential applicants?
Two seem to be the main requirements:
Have resided in Australia for a minimum of 12 months (cumulatively) between 20 February 2020 and 14 December 2021
At the time of (the 186/187) application must be employed by a person that is actively and lawfully operating a business in Australia
More details to come and still inevitably some grey areas to clarify.
Stay tuned and book a consultation if you wish to know more or assess your eligibility.
AUSTRALIAN IMMIGRATION: WILL EVERYTHING CHANGE AGAIN?
Today 10 August 2021 the Joint Standing Committee on Migration's final report into Australia's Skilled Migration Program has been released.
Several recommendations on the Australian immigration program have been included in the report and will be under consideration by the Committee. The full list of recommendation can be found HERE, below the most appealing ones for prospective migrants and employers, too.
Consolidating the STSOL and MLTSSL lists into one Skilled Occupation List
Provide a pathway to permanent residency from STSOL occupations
Concessions to work experience for international students who have undertaken their courses in Australia at reputable institutions
Longer graduate temporary visas of three years to provide more flexibility for international graduates to gain jobs and work experience in Australia
Removing the need for LMT for subsequent visas when the 457/482 visa holder has held the position for 12 months or more with the sponsor
Exempt employers for paying the SAF levy twice for the same employee
Refund of the SAF Levy where the visa application is unsuccessful and there is no evidence of fraud on the part of the sponsor or applicant.
We will publish updates as soon as available.
CHANGES TO THE NSW 190 AND 491 LISTS
The NSW state government has announced the new skilled lists for the visa subclasses 190 and 491.
Several occupations included for the 190 - SKILLED NOMINATED program such as:
Accountants
Cafe or restaurant managers
Chefs
Cooks
Hairdressers
Butchers and smallgoods makers
The full list can be found HERE
Among the other standard requirements, candidates will need to either:
be currently employed in NSW where the employment meets the standard for claiming skilled employment in the nominated occupation, or
have genuinely resided in NSW for a minimum period of three months
As far as the 491 visa is concerned, a new system similar to the one currently in place in Victoria will be implemented with the candidates requires to lodge a ROI (registration of interest) and wait for the regional body to issue an invitation before proceeding.
The 491 program is open to candidates living in Australia.
Further info can be found HERE.
Is your occupation in the list?
BOOK a consultation to discuss further.
VETASSESS TO REVISE SOME OCCUPATION CRITERIA FROM 21 JUNE 2021
From 21 June 2021 VETASSESS will be implementing the assessment criteria for the following four Professional Occupations to streamline the approach to ANZSCO skills levels and requirements in Australian industry markets:
Teacher of English to Speakers of other Languages
Hotel Service Manager
Retail Buyer
Hotel or Motel Manager
A positive skills assessment is in some cases a mandatory requirement to obtain some permanent visas.
New criteria available HERE.
Get in touch for further information or plan your skills assessment today.
LIN 21/038 - HOSPITALITY AND TOURISM ADDED AS CRITICAL SECTORS
Workers of the hospitality and tourism sectors will be considered “critical” as of today.
As a result of an amendment to the legislative instrument 20/229 those employed (or willing to work) in the above sectors will now have access to the subclass 408 visa (COVID 19 stream) and will be entitled to a 12 months stay with full work rights.
The amendments made by the new instrument 21/038 apply to 408 visa applications made, but “not finally determined”, before the commencement of the instrument, meaning that those who have already applied for the visa but have not received an outcome yet may take advantage of the new rules.
An application can be lodged starting from 90 days before the visa expiry date and no later than 28 days after the expiry of a substantive visa. There will be NO VISA CHARGE.
Temporary relaxation of working hours for student visa holders
The Department of Home Affairs and Australian Border Force has approved a temporary relaxation of working hours for student visa holders, when employed in specific sectors.
You can work for more than 40 hours a fortnight if you are:
employed in the tourism and hospitality sector
employed in the agriculture sector
enrolled in a health care related course and you are supporting the health effort against COVID-19 as directed by health officials
employed by an aged care Approved Provider or Commonwealth-funded aged care service provider with a RACS ID or a NAPS ID, before 8 September 2020
employed by a registered National Disability Insurance Scheme provider
The government will review these temporary measures regularly and will announce when these measures no longer apply.
Student visa holders do not have to apply to get these temporary measures but will need to contact their employers.
FEDERAL BUDGET PLAN 2020-2021- MIGRATION PROGRAM UPDATES
Important changes have been announced within the Migration Program of the Federal Budget plan for 2020-2021, specifically for partner visa applicants and for temporary visa holders unable to travel to Australia due to the Covid-19 pandemic.
Partner visa
A family sponsorship framework will be introduced; those who wish to sponsor their partner must submit their own application first and be deemed suitable to sponsor before a visa application can be lodged.
English language requirements will be introduced for BOTH applicants and their permanent resident sponsors. The aim is to enhance their social integration and a better economic participation.
Priority will be given to applications made onshore and to applicants whose sponsor resides in regional area.
REFUND for temporary visa holders
VAC refunds, waivers or visa extensions will be offered to current visa holders who have been unable to travel to Australia due to the pandemic and the borders closure, including:
temporary skilled workers and visitor visa holders, who will be eligible to have a VAC for a subsequent visa application waived,
working holiday visa makers will be eligible to have a VAC for a subsequent visa application waived or otherwise to access the VAC refund.
prospective marriage visa holders will have access to VAC (Visa Application Charges) refund.
To make these changes effective, regulation amendments are required.
Further updates will be available soon
485 visa and COVID 19
With the newly published legislative instrument - Migration Amendment (COVID-19 Concessions) Regulations 2020 - amendments have been made to some items of schedule 1 and 2 of the Migration Regulations 1994 and concessions are now available for holders and prospective applicants of the visa subclasses 887, 888, 188, 790 and 485.
With reference to prospective 485 visa applicants, the amendments now allow:
OFFSHORE 485 visa applications (previusly only onshore applications were valid)
OFFSHORE 485 visa grants (previously only onshore grants were possible)
(Offshore) applications where the Australian Study Requirement has been met within the last 12 months (previously 6 months).
These concessions will be available to former international students stuck overseas during all or part of the period commencing on 1 February 2020 and ending on 19 September 2020. They will be provided with the opportunity to obtain a visa to return to Australia when travel restrictions are lifted.
The visa period will run from the date of entry to Australia