Author: Rebecca Berkovic

Principal Lawyer Migration Agent Number: 0963431
national-innovation-visa

New Australian National Innovation Visa to be Introduced on 7 December 2024

Posted by Rebecca Berkovic on

What is the Australian National Innovation Visa Program?

The Australian Government recently announced that the new National Innovation visa program will be introduced on 7 December 2024. It is intended to attract highly talented individuals in the fields of investment, research and entrepreneurship to facilitate entry into Australia for high-performing individuals to contribute to Australian society and the Australian economy.

The Australian National Innovation visa program will replace the Global Talent visa as well as the Business Innovation and Investor visa program which was abolished in July 2024.

The Australian National Innovation visa program will most likely incorporate three separate and distinct streams including:

  1. High-performing entrepreneurs with proven records of business success;
  2. Major investors ready and able to invest substantial amounts in the development of an Australian enterprise; and
  3. Global researchers who have made significant research contributions.

The visa program is intended to facilitate visa holders to establish or expand business ventures, investment activity or innovative entrepreneurial developments in Australia. Through the introduction of this visa program, the Australian Government hopes to strengthen Australia’s focus on business and technological innovation.

What are the Intended National Innovation Visa Requirements?

Whilst the Australian Government has not yet confirmed the exact requirements of the National Innovation visa, it is thought that three separate streams will exist with different visa requirements that applicants will be required to meet in order to be eligible for this visa.

It is also expected that the Australian Government will introduce a two stage process of applicants firstly being required to lodge an Expression of Interest (EOI) application and then wait to be invited by the Australian Government to apply for the visa.

It seems that the following visa requirements can be expected:

High-Performing Entrepreneurs & Individuals:

For entrepreneurs:
  • Visa applicants will be required to demonstrate financial capacity to conduct business operations in Australia and meet the related initial costs of establishing the business in Australia.
  • Visa applicants will be required to prove a successful track record of business activity, innovation and growth.
  • Visa applicants will likely be required to provide a detailed business plan for conducting business activities in Australia and evidence of how this will benefit the the Australian economy.
For high performing individuals:
  • Those who are exceptionally talented in their field, such as athletes, artists and creatives who can prove international recognition may be eligible for this visa.

Major Investors

  • The Australian Government is yet to announce exact figures, however applicants for this visa stream will be required to commit to a significant investment in Australian business or industries.
  • Visa applicants will be required to provide a detailed investment plan as to how their investment will benefit Australian businesses and/or industries.
  • Visa applicants will likely be required to provide evidence of their finances and proof of funds.

Global Researchers

  • Visa applicants for this stream will need to show a strong record of research contributions, journal articles and academic publications to be eligible for this visa stream.
  • Visa applicants will need to provide strong recognition of research in their particular field.
  • Visa applicants will likely need to provide evidence of how their previous and planned research will strongly benefit Australia.

How can I apply?

The Australian Government is currently finalising the details of the National Innovation visa program and implementation is expected on 7 December 2024. Applications for this visa program have not yet opened.

We will advise as soon as this visa program is introduced and look forward to assisting talented individuals looking to make Australia their home in arranging their National Innovation visa application.

Disclaimer:

The information on this website is intended only to provide a summary and general overview on relevant matters. It is not intended to be comprehensive nor does it constitute legal advice. You are advised to seek legal or other professional advice before acting or relying on any of the content contained in this website.

skills-in-demand-visa

SKILLS IN DEMAND VISA- ADDITIONAL INFORMATION

Posted by Rebecca Berkovic on

With Australia’s work visa landscape on the verge of significant change with the abolition of the Temporary Skill Shortage (TSS)(subclass 482) visa program and introduction of the Skills in Demand (SID) visa, additional information has been provided by the Australian Government regarding the SID visa. The new visa is intended to revolutionise the Australian visa work visa program and better address genuine skills shortage in the Australian labour market.

In our previous article regarding initial requirements for the Skills in Demand visa, we mentioned the three streams, namely:

  • The Specialist Skills Pathway for applicants earning a base salary of over AU$135,000 per annum in specific fields;
  • The Core Skills Pathway for applicants earning a base salary of over AU$73,150 which will largely mirror the TSS subclass 482 visa and will require applicants to have an occupation on the Core Skills Occupation List (CSOL); and
  • The Essential Skills Pathway designed for specific industries with immediate labour shortages.

The additional changes to the replacement SID Australian work visa program include the following:

  1. Work experience requirement: Under the SID visa, applicants will only be required to have one year of relevant work experience, leading to increased accessibility for skilled overseas professionals.
  2. Increased flexibility to transfer sponsors: Under the SID visa, holders will have greater potential for mobility with 180 days given to find a new sponsor.
  3. Skilling Australia Fund visa levy: In order to reflect the greater flexibility of visa applicants under the SID program being able to transfer employers, the Australian Government has stated that the Skilling Australia Fund levy which currently is required to be paid up front for all the years of visa sponsorship will instead be able to be paid in instalments.
  4. Australian Permanent Residency will not reset when transferring employers: Under the SID visa, the Australian Government has stated that time counted towards permanent residency will not reset when a visa holder changes employers as it does under the current system.
  5. Public Register of Approved Sponsors: The Australian Government will introduce a public database of approved sponsors intended to increase transparency of standard business sponsorship.

The introduction of the SID visa in the near future will usher in a host of changes to the Australian work visa program. It will provide a wider pool of applicants where only one year or work experience is required and increased flexibility for visa applicants transferring employers. We look forward to guiding our clients through the new requirements when sponsoring skilled overseas employees through the SID visa program.

Disclaimer:

The information on this website is intended only to provide a summary and general overview on relevant matters. It is not intended to be comprehensive nor does it constitute legal advice. You are advised to seek legal or other professional advice before acting or relying on any of the content contained in this website.

skills-in-demand-visa

Skills in Demand Visa Information

Posted by Rebecca Berkovic on

With the Skills in Demand visa on the verge of replacing the Temporary Skill Shortage (TSS)(subclass 482) visa program potentially before the end of 2024, more details have become available regarding the new Australian work visa program.

The main change to the Australian work visa program will be the introduction of the new three-tiered visa system which will divide applicants based on their annual earnings and occupations. The new Skills in Demand visa is intended to address labour skills shortages in Australia whilst also introducing greater flexibility for temporary overseas workers to find another sponsor if their employment ceases or change sponsors and provides a clear pathway to Australian permanent residency for visa holders.

The three visa streams of the Skill in Demand visa program are intended to contain the following requirements:

Stream 1: Specialist Skills Pathway  

Stream 2: Core Skills Pathway

 

 Stream 3: Essential Skills Pathway
 

  • No skilled occupation list will be provided however it seems that trade workers, machine operators, drivers and labourers will be excluded.
  • Guaranteed annual earnings of over AU$135,000 will be required which is intended to be indexed on an annual basis.
  • Priority processing will be given to this stream with the Australian Government stating that a 7-day median processing time is intended.

 

·
  • Jobs and Skills Australia is intended to provide a regularly updated ‘Core Skills Occupation List’ (CSOL). Visa applicants will be required to meet the definition of an occupation on the CSOL.
  • Guaranteed annual earnings of over AU$73,150 will be required which is to be indexed on an annual basis.
  

  • This stream will apply to occupations where annual earnings are under AU$73,150 but working in ‘essential skill occupations.’
  • This pathway is still under assessment and likely to be sector-specific and include a stronger regulatory framework as well as potentially being capped and with minimum standards introduced.

 

 

 

The Skills in Demand visa set to replace the TSS subclass 482 visa, is intended to be granted for a four year period. The exact requirements will be announced by the Australian Government once the new visa comes into effect. It is intended that all three tiers- the Specialist Skills, Core Skills and Essential Skills streams will act as a pathway to Australian permanent residency.

We will keep you updated with new developments regarding the introduction of the Skills in Demand visa and will advise when it replaces the TSS subclass 482 visa program.

Disclaimer:

The information on this website is intended only to provide a summary and general overview on relevant matters. It is not intended to be comprehensive nor does it constitute legal advice. You are advised to seek legal or other professional advice before acting or relying on any of the content contained in this website.

What’s Next for Australian Work and Business Innovation Visas?

Posted by Rebecca Berkovic on

The Australian Department of Home Affairs (DHA) has stated that significant changes will occur to the Australian work visa and business innovation visa programs. The major changes will be as follows:

  • The Skills in Demand visa will replace the current Temporary Skill Shortage (TSS)(subclass 482) visa.
  • The National Innovation visa will replace the current Global Talent and Business Innovation visas.

The DHA has advised that the new visa programs will include the following features:

Skills in Demand Visa:

  • Four year duration;
  • Pathway to Australian permanent residency;
  • One year relevant work experience.; and
  • Three separate visa streams with their own discrete requirements, including:
    1. Specialist visa stream
    2. Core visa stream
    3. Essential visa stream.

National Innovation Visa:

  • Will require an invitation to be issued by the DHA prior to lodging a visa application;
  • Intended to attract ‘exceptionally talented’ migrants who will drive growth in sectors of national importance to Australia; and
  • Intended to target entrepreneurs, investors, researchers, creatives and athletes.

The new Skills in Demand visa and National Innovation visa programs are expected to be introduced by the end of 2024.

Specific details and requirements of the new visa programs are still yet to be revealed by the Australian Government. We will keep you updated as the new visa programs are introduced.

Disclaimer:

The information on this website is intended only to provide a summary and general overview on relevant matters. It is not intended to be comprehensive nor does it constitute legal advice. You are advised to seek legal or other professional advice before acting or relying on any of the content contained in this website.

3 Tips for Newly Established Australian Businesses Sponsoring Overseas Employees

Posted by Rebecca Berkovic on

Your company began the recruitment process for an important role in the business. The best candidate with the skills and experience you need to fill the role turns out to not be an Australian permanent resident or citizen. However, you need this role filled by the best candidate.

Sponsorship enables an Australian company (or overseas company in certain situations) greater flexibility to hire the best and most skilled and experienced candidate for the role.

However, what happens if your company is a start-up?

What happens if you have been operating for less than 12 months?

If your company has been operating in Australia for less than 12 months, it is considered to be a ‘newly established’ business under the Migration Regulations. Newly established businesses are still able to sponsor skilled overseas employees for Temporary Skill Shortage (TSS)(subclass 482) and Skilled Employer Sponsored Regional (Provisional) (subclass 494) visas as a ‘standard business sponsor.’

Here are three tips in being able to sponsor:

Tip 1:

Bank Statement

If you are running a newly established business it is important to show that you will be able to afford to pay the salaries of your employees and show that you have sufficient cashflow to continue to operate your business.

Since you will not have built up significant financial records, providing a bank statement for the company will assist you in showing that you meet the requirements to register as a standard business sponsor.

Tip 2:

Business Plan

Having a detailed business plan for a newly established business is an important part of showing the Australian Department of Home Affairs that the business.

Tip 3:

Support from your Accountant

It can be helpful to enlist the support of your accountant and provide a letter of support for the business when applying to become a standard business sponsor. Your accountant can provide information about the business and cash projections

Do you need assistance registering your business as a sponsor to give you more flexibility in your hiring solutions?

Please feel free to contact Hartman Immigration.

Disclaimer:

The information on this website is intended only to provide a summary and general overview on relevant matters. It is not intended to be comprehensive nor does it constitute legal advice. You are advised to seek legal or other professional advice before acting or relying on any of the content contained in this website.

tss-subclass-482-work-experience-requirement

INCREASED FLEXIBILITY FOR THE TSS SUBCLASS 482 WORK EXPERIENCE REQUIREMENT

Posted by Rebecca Berkovic on

In order to be eligible for a Temporary Skill Shortage (TSS)(subclass 482) Australian work visa, it is necessary to meet the work experience criteria which requires the visa applicant to work in their nominated (or closely related) occupation for a minimum of two years prior to lodging their visa application.

Policy regarding this criteria previously stated that the work experience was required to have taken place in the last five years before lodging the visa application. However, the Australian Government recently broadened the work experience criteria and removed the requirement that work experience occurred in the previous five years.

This provides greater flexibility to visa applicants for the TSS subclass 482 visa applicants, enabling applicants to provide evidence of work experience in an extended timeframe.

In addition, the Australian Government also made the work experience criteria more flexible as policy for the TSS subclass 482 visa work experience criteria previously stated that casual employment would not count towards meeting the work experience criteria. However, the newly amended policy removes this stipulation and enables visa applicants to count work in their nominated (or closely related) occupation on a casual basis without the requirement for work to be continuous and full-time.

Need Assistance?

Please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian visa assistance and sponsoring skilled overseas workers.

Disclaimer:

The information on this website is intended only to provide a summary and general overview on relevant matters. It is not intended to be comprehensive nor does it constitute legal advice. You are advised to seek legal or other professional advice before acting or relying on any of the content contained in this website.

genuine-temporary-entrant-criteria

Changes to the TSS Subclass 482 Genuine Temporary Entrant Policy

Posted by Rebecca Berkovic on

The Australian Government announced that from 2 August 2024, policy regarding the Genuine Temporary Entrant (GTE) requirement for Temporary Skill Shortage (TSS)(subclass 482) visa applicants with occupations on the Short Term Occupation List have been amended to simplify the requirement.

The updated policy states that the default position of the GTE policy is that the requirement will be met unless there are specific concerns, which have been reduced to now only include the following factors:

  • The visa applicant has made two or more unsuccessful TSS applications that were refused or withdrawn, particularly, where:
    • the nominated occupation has changed with each application; and/or
    • the nominated occupation is not consistent with their previous employment or studies in Australia.
  • The visa applicant failed to comply with the conditions of a previous visa and/or had a previous visa cancelled or is being considered for cancellation except where a subclass 457 or 482 visa was cancelled following cessation of employment and the applicant was offshore.
  • There are substantive inconsistencies in the information provided by the applicant in their TSS subclass 482 visa application that cannot be reconciled (for example: occupation/s declared in previous applications, incoming passenger cards, Form 80 etc.).
  • The visa applicant or their family member has an immigration history of concern, that is, an applicant who has a history of visa refusal, or non-compliance with immigration requirements in another country.
  • The visa applicant has been identified as part of a cohort in statistical, intelligence and analysis reports on migration fraud and immigration compliance compiled by the Department.

Notably, the factors mentioned in policy previously that may give weight to GTE not being met have been reduced significantly. Within the current policy, having held previous temporary visas (including other 482 Short Term stream visas) or not having left Australia for prolonged periods is NOT listed as a factor for meeting the requirements of GTE.

However, the factors listed in the new policy are non-exhaustive and the Department of Home Affairs (DHA) is not limited solely to these factors in deciding whether visa applicants meet the requirements for GTE.

Need Assistance?

Please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian visa assistance and sponsoring skilled overseas workers.

 

Disclaimer:

The information on this website is intended only to provide a summary and general overview on relevant matters. It is not intended to be comprehensive nor does it constitute legal advice. You are advised to seek legal or other professional advice before acting or relying on any of the content contained in this website.

visa-application-charges

INCREASE IN AUSTRALIAN VISA APPLICATION CHARGES FROM 1 JULY 2024

Posted by Rebecca Berkovic on

The Australian Government has increased visa application charges applicable from 1 July 2024.

The visa application charge increases are outlined in the table below:

Visa Type Previous Visa Application Charge 1 July 2024 Visa Application Charge
Temporary Skill Shortage (TSS) – STSOL (Subclass 482) AU$1,455 AU$1,495
Temporary Skill Shortage (TSS) – STSOL (Subclass 482)- Secondary Applicants Over 18 AU$1,455 AU$1,495
Temporary Skill Shortage (TSS) – STSOL (Subclass 482)- Secondary Applicants Under 18 AU$365 AU$375
Temporary Skill Shortage (TSS) – MLTSSL (Subclass 482) AU$3,035 AU$3,115
Temporary Skill Shortage (TSS) – MLTSSL (Subclass 482)- Secondary Applicants Over 18 AU$3,035 AU$3,115
Temporary Skill Shortage (TSS) – MLTSSL (Subclass 482)- Secondary Applicants Under 18 AU$760 AU$780
Employer Nomination Scheme (Subclass 186) AU$4,640 AU$4,770
Employer Nomination Scheme (Subclass 186)- Secondary Applicants Over 18 AU$2,120 AU$2,385
Employer Nomination Scheme (Subclass 186)- Secondary Applicants Under 18 AU$4,710 AU$1,190
Temporary Work (Short Stay Specialist) (subclass 400) AU$405 AU$415
Visitor Visa– business stream (Subclass 600)  AU$150 AU$195
Global Talent (subclass 858) AU$ AU$4,840
Student and Guardian (Subclass 500 & 590) AU$710 AU$1,600
General Skilled Migration (Subclass 189, 190, 491, 494) AU$4,640 AU$4,765
Graduate Temporary Subclass 485 AU$1,895 AU$1,920
Partner (Subclass 300, 820/801, 309/100) AU$8,850 AU$9,095
Parent (Contributory) first instalment

The Second Visa Application charge for the Contributory Parent visa (143 visa) will remain the same

 AU$420 – $4,765 AU$430 to $4,895
Business Migration (Subclass 188A, 188B) AU$9,450 AU$9,710

Need Assistance?

Please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian visa assistance and sponsoring skilled overseas workers.

Disclaimer:

The information on this website is intended only to provide a summary and general overview on relevant matters. It is not intended to be comprehensive nor does it constitute legal advice. You are advised to seek legal or other professional advice before acting or relying on any of the content contained in this website.

 

Disclaimer:

The information on this website is intended only to provide a summary and general overview on relevant matters. It is not intended to be comprehensive nor does it constitute legal advice. You are advised to seek legal or other professional advice before acting or relying on any of the content contained in this website.

australian-visas-1-July-2024

ADDITIONAL CHANGES TO AUSTRALIAN VISAS FROM 1 JULY 2024

Posted by Rebecca Berkovic on

The Australian Federal Government is continuing with its host of reforms to Australian visas and additional changes have been introduced which came into effect on 1 July 2024.

The changes include the following:

  • Salary Threshold changes for subclass 482 and 494 visa applicants: The Temporary Skilled Migration Income Threshold (TSMIT) will increase from $70,000 to $73,150.
  • Increased flexibility for subclass 457, 482 and 494 visa holders: From 1 July 2024, t visa conditions for subclass 457, 482, and 494 visa holders has been amended to allow visa holders extended flexibility and additional time to transfer their sponsorship to a new employer. The new visa conditions allow temporary work visa holders to case working for their sponsoring employer for up to 180 days at a time and a maximum time of 365 days in total over their entire visa grant period.
  • Working Holiday Visa requirements for UK citizens: From 1 July 2024, UK citizens on Australian Working Holiday Visa will no longer need to fulfill regional work requirements to apply for their second and third Working Holiday Visas.
  • No onshore Student visa option for Visitor and Temporary Graduate visa holders: Visitor and Temporary Graduate visa holders from 1 July 2024 will no longer be able to apply directly for a Student visa whilst onshore in Australia.
  • New Workplace Justice visa pilot: A new workplace justice visa pilot program is being implemented that will enable temporary migrants to remain in Australia for a period of time to undertake a ‘workplace justice activity.’ This visa will utilise the Subclass 408 Temporary Activity visa stream. The Workforce Justice Visa (WJV) will be implemented as a pilot program and the visa will in general be granted for a period of six and up to 12 months.

Need Assistance?

Please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian visa assistance and sponsoring skilled overseas workers.

Disclaimer:

The information on this website is intended only to provide a summary and general overview on relevant matters. It is not intended to be comprehensive nor does it constitute legal advice. You are advised to seek legal or other professional advice before acting or relying on any of the content contained in this website.