Category: Skilled visas

Australian Temporary Skill Shortage (TSS) (Subclass 482) Visa Set to be Replaced by the ‘Skills in Demand’ Visa

Posted by Rebecca Berkovic on January 9, 2024

As we welcome in the new year, it is expected that further Australian visa changes will be introduced by the Federal Government in 2024 in the wake of the December 2023 Migration Review. A major change proposed by the Australian Government is to replace the current Temporary Skill Shortage (TSS)(subclass 482) work visa with the ‘Skills in Demand’ visa.

Summary of the Skills in Demand Visa

The Skills in Demand visa is a proposed four-year temporary Australian work visa with three different visa streams targeting various skill levels and industries. The new visa is intended to offer pathways for all visa holders to apply for Australian permanent residency.

The Minister for Immigration, Clare O’Neil, stated in the Migration Review that the Skills in Demand visa is intended to include the following three visa streams:

Specialist Skills Pathway: This is for highly skilled workers with a $135,000 minimum salary.
Core Skills Pathway: This will have an updated occupation list and a $70,000 minimum salary threshold.
Essential Skills Pathway: This steam will target lower-paid workers.

Intended Increased Worker Mobility

As part of the Australian Government’s plan for increased overseas worker mobility and ability to change employers, the new provisions are set to include recognition of time spent with approved employers towards permanent residency as opposed to restarting the clock for Temporary Residence Transition when temporary visa holders change employers.

The Government has also announced that Skills in Demand visa holders will be entitled to a 180-day period to find a new employer whilst retaining the ability to work.

We will keep you updated with new developments regarding the introduction of the Skills in Demand visa and will advise if and 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.

australian-government-new-migration-strategy

New Migration Strategy Released by the Australian Government

Posted by Rebecca Berkovic on December 14, 2023

The Australian Government released its new Migration Strategy on 11 December 2023 as part of its extensive Review of the Migration System. The long-term migration strategy aims to increase the number of permanent skilled migrants with ‘in demand skills and occupations’ to Australia, decrease the number of temporary residents and crack down on non-genuine overseas student course providers and migrant worker exploitation.

The Australian visa reforms have already begun to be introduced.

The key actions set out by the Australian Government in the Migration Strategy include the following:

1. Targeting temporary skilled migration to address skills needs and promote worker mobility

A new Skills in Demand visa with three targeted pathways, and visa settings that encourage migrant worker mobility in the labour market. New commitments include:

A new Specialist Skills Pathway to make it easier for Australia to attract highly skilled workers, for example in the technology or green energy industries
A Core Skills Pathway to meet targeted workforce needs, with a simpler, regularly updated occupation list for the skills Australia needs
New visa settings that give migrant workers more mobility in the labour market to help tackle worker exploitation and drive productivity
Streamlined labour market testing and visa processing.

The current Temporary Skills Shortage Visa 482 will likely be replaced by a new 3-tiered system based on earnings (visas granted for up to 4 years):

Specialist Skills Visa Pathway: For highly skilled applicants earning a salary above $135,000. No occupational list is required for this pathway, and processing turnaround time is intended to be only 7 days. Capped at 3,000 places per year.
Core Skills Visa Pathway: This pathway will provide the majority of visas for the program, for applicants earning $70,000 – $135,000. Applicants are eligible based on a revised ‘skills in demand list’ developed by Jobs and Skills Australia, including trades workers.
Essential Skills Visa Pathway: A new pathway with union oversight is being planned for specific sectors, such as aged care and disability. The details including the minimum salary threshold of $70,000, are yet to be determined.

2. Reshaping permanent skilled migration to drive long-term prosperity

A commitment to explore a reformed points test for permanent skilled migration, and a new Talent and Innovation visa for migrants who can drive growth in sectors of national importance.

3. Strengthening the integrity and quality of international education

A package of integrity measures to lift the standards for international students and education providers, while ensuring graduates help meet skills shortages and do not become ‘permanently temporary’.

New commitments include:

Higher English language requirements for international students and graduates
More scrutiny of high-risk student visa applications and a $19m investment into the Home Affairs student visa integrity unit
Restrictions on onshore visa hopping that undermines system integrity and drives ‘permanent temporariness’
Strengthened and simplified Temporary Graduate visa settings
Measures to support international students and graduates to realise their potential.

4. Tackling worker exploitation and the misuse of the visa system

A comprehensive suite of legislation, powers, penalties and policies to combat worker exploitation and restore integrity to the migration system.

New commitments include:

A new public register of employer sponsors to improve integrity and support migrant worker mobility.

5. Planning migration to get the right skills in the right places

A longer-term, evidence-based approach to planning migration that closely collaborates with states and territories and ensures population planning is based on the best available population data and forecasts.

New commitments include:

A new approach to planning permanent migration over the long-term and greater state and territory collaboration on net overseas migration forecasts.

6. Tailoring regional visas and the Working Holiday Maker Program to support regional Australia and its workers

A new direction to ensure visas for regional Australia are prioritised first, and a commitment to evaluating regional migration settings and the Working Holiday Maker program to ensure migration supports development objectives in regional Australia and does not contribute to worker exploitation.

New commitments include:

A new direction to ensure regional visas receive the highest priority visa processing

7. Deepening Australia’s people-to-people ties in the Indo-Pacific

A new approach to developing people-to-people links with our region, including through a direct pathway to citizenship for New Zealanders and increased mobility with Pacific Island and Southeast Asian countries.

8. Simplifying the migration system to improve the experience for migrants and employers

A system-wide simplification agenda that will streamline visa settings, reduce visa classes and make the system easier to use.

New commitments include:

The removal of 20+ unnecessary and duplicative visas to simplify the visa system.

We will continue to update you as the new Migration Strategy is implemented incrementally by the Australian Government.

Disclaimer:

Eight Major Australian Visa Changes Occurring in July 2023

Posted by Rebecca Berkovic on July 7, 2023

On 1 July 2023, the Australian Government introduced a series of changes to the Australian visa system. The changes will affect Australian visas in the following ways:

Change 1- Increase in Temporary Work Visas Salary Threshold

The Temporary Skilled Migration Income Threshold for the Temporary Skill Shortage (TSS)(subclass 482) and Skilled Employer Sponsored Regional (Provisional) (subclass 494) visas has increased from AU$53,900 to AU$70,000 for nominations lodged from 1 July 2023.

Change 2- Work Restrictions for Student Visa Holders

From 1 July 2023, work restrictions for Student visa holders will be re-introduced with a cap of 48 hours per fortnight.

However, an exception to the 48-hour work limitation will apply to Student visa holders already working in the aged care sector on 8 May 2023. These Student visa holders will have unrestricted work hours.

Change 3- Temporary Graduate (subclass 485) Visas Changes

International students in Australia who have completed their degree in Australia in the field of health, teaching, engineering or agriculture may access extended subclass 485 visas from 1 July 2023. Acceptable qualifications must be on the prescribed list.

Visa periods will be increased to:

4 years for select Bachelor Degrees
5 years for select Masters degrees
6 years for all Doctoral degrees

First time applicants will be granted a visa with an additional period of two years added to the standard visa period.

Change 4- Work and Holiday Makers

As of 1 July 2023, Papua New Guinea became the newest participant in the Working Holiday Maker (WHM) Program, enabling up to 100 citizens of PNG to journey to Australia using the Work and Holiday (subclass 462) visa. Individuals who have completed a minimum of two years of post-secondary study in Papua New Guinea can now apply for the Work and Holiday visa.

For citizens from the United Kingdom, the age limit for the Working Holiday (subclass 417) visa has been extended from 30 to 35 years old.

In the context of the WHM Program, as of 1 July 2023, Condition 8547 has also been reintroduced for participants of the program. This condition applies to individuals holding either subclass 417 or subclass 462 visas and restricts visa holders from working with a single employer for more than six months. Relevantly, this change does not apply retrospectively, and any work carried out by a WHM prior to July will not be counted towards their six-month limit with the same employer.

Change 5- India-Australia Agreement

The Economic Co-operation and Trade Agreement between India and Australia commenced on 1 July 2023 with the following benefits:

Indian citizens are now eligible to apply for Work and Holiday visas.
Increased Post Study Work visa periods have been introduced for Indian citizens. Indian students graduating in Australia will be eligible for post study work visas as follows:
- upon completion of diploma or trade qualifications- stays of up to 18 months
- upon completion of bachelor degree (including honours)- stays of up to 2 years
- upon completion of masters by research and masters by coursework- stays of up to 3 years
- upon completion of doctoral degrees- stays of up to 4 years.
- Additional year of stay for high-performing STEM bachelor degree graduates (extended from 2 years to 3 years)

Change 6- Increased Immigration Target

On 1 July 2023 the Australian Government increased its intake of permanent migrants to 195,000 for this financial year, up by 35,000, in a bid to help businesses and industries battling widespread staff shortages and reduce reliance on short-term workers.

Change 7- Australian Citizenship for New Zealand Nationals

From 1 July 2023, New Zealand citizens who have been living in Australia for more than four years and arrived in Australia after 26 February 2011 will be eligible to apply directly for Australian citizenship without having to apply for a permanent visa. These changes apply only to New Zealand citizens holding a Special Category (subclass 444) visa (SCV). Protected SCV holders will continue to be eligible to apply directly for Australian citizenship.

From 1 July 2023:

All New Zealand citizens holding an SCV will be considered permanent residents for citizenship purposes
New Zealand citizens granted an SCV before 1 July 2022 will have their period of permanent residence for citizenship purposes backdated to 1 July 2022
New Zealand citizens granted an SCV for the first time on or after 1 July 2022 will be considered a permanent resident for citizenship purposes from the date of their SCV grant.

The above provisions will apply to New Zealand citizens in Australia. It will also apply to New Zealand citizens who are overseas but held an SCV immediately before last leaving Australia.

These provisions will apply to citizenship applications submitted after 1 July 2023.

Change 8- Increase in Governmental Visa Application Fees

From 1 July 2023, Australian Department of Home Affairs (DHA) governmental fees increased with visa application charges increasing from between 6 and 40 per cent across various visa categories. Some of the new governmental visa application charges include:

Visa Type	Subclass	Before	From 1st July 2023
Partner visa (Onshore / Offshore)	820/801 & 309/100	$8,085	$8,850
Skilled visas	189 / 190 / 491	$4,240	$4,640
Graduate	485	$1,730	$1,895
Student	500	$650	$710
Visitor (Onshore)	600	$380	$475
Visitor (Offshore)	600	$150	$190
Working Holiday Maker	417 / 462	$510	$635
Temporary Skill Shortage (Short Term)	482	$1,330	$1,455
Temporary Skill Shortage (Long Term)	482	$2,770	$3,035
Employer Nomination Scheme (ENS)	186	$4,240	$4,640
Significant Investor stream	188	$9,195	$13,860
Significant Entrepreneur stream	188	$4,240	$6,395
All other applicants	188	$6,270	$9,450

For advice regarding Australian visas, please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian immigration assistance.

Disclaimer:

australian-visa-opportunities-uk-citizens

New Australian Visa Opportunities for UK Citizens

Posted by Rebecca Berkovic on June 2, 2023

The Australia-United Kingdom Free Trade Agreement (Australia-UK FTA) which entered into force on 31 May 2023, is designed to create new export opportunities between the two countries, strengthen diversification and economic recovery and create new export opportunities and jobs. It will also be easier for Australians to live and work in the UK and vice versa.

Following the entry into force of the Australia-UK FTA, new Australian visa opportunities have been introduced for UK citizens.

Under the new arrangements, UK passport holders will be able to:

Apply for an Australian Working Holiday visa if they are between the ages of 18 and 35 years inclusive from 1 July 2023.
Be granted up to three Working Holiday visas without having to meet any ‘specified work’ requirements from 1 July 2024.
Labour Market Testing concessions were introduced on 31 May 2023 for UK citizens which added the Australia-UK FTA to the list of international trade agreements where labour market testing is exempt for those countries. This means that businesses nominating UK citizen employees under the Temporary Skill Shortage (TSS)(subclass 482) visa program will no longer be required to undertake labour market testing, making the sponsorship process smoother.

The Australia-UK FTA also includes provisions to support recognition of professional qualifications between Australia and the UK and increased collaboration between UK and Australian accreditation and regulatory bodies. This will assist in streamlining the process for UK visa applicants applying for Australian visas where accreditation is required.

For advice regarding Australian visas, please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian immigration assistance.

Disclaimer:

What Businesses can Expect from the Redesign of Australia’s Migration System

Posted by Rebecca Berkovic on May 9, 2023

The Australian Minister for Home Affairs, the Hon Clare O’Neil, released a final report last week entitled ‘Review of the Migration System’ (the ‘Review’) which features 190 pages of analysis of the current operation of the Australian visa system. The Review provides recommendations and suggestions for migration reform and redesign, some of which will be introduced over the next several months.

What can Australian businesses employing overseas workers expect from the Review, redesign and anticipated reforms?

Here is a summary of the proposed reforms highlighted by the Minister for Home Affairs:

Proposed Reforms: Work Visas

Remove the requirement for labour market testing from Temporary Skill Shortage (TSS)(subclass 482) visas. The Review recognises that labour market testing is an ineffective tool for identifying true labour market need; and the cause of unnecessary delays in recruitment in genuine areas of skills shortage that have already been identified by Jobs and Skills Australia (JSA).
Increase the Temporary Skilled Migration Income Threshold (TSMIT), index it to the Wage Price Index, and consider the adoption of age adjusted thresholds.
Temporary Skilled Migration: Adopt risk-based regulation of temporary labour migration, with three tiers:

1. a ‘light touch’ high salary cohort;

2. a ‘mid-level cohort’ (above the TSMIT, below the high-salary threshold of cohort 1); and

3. subject to further consideration across government, a lower wage cohort in sectors experiencing persistent shortages and who are most at risk of exploitation and displacing Australian workers with similar skills.

Plan migration based on net overseas migration (which accounts for both permanent and temporary residents), rather than simply relying on permanent migration caps. The Review states that Australia does not want to become a nation of ‘permanently temporary’ residents and therefore proposes to enable temporary work visa holders with occupations on the short-term list to apply for permanent residency.
Allow temporary migrant workers to move from their current employment to find work with another employer within the same sector or job family. Migrants could have up to 6 months to find new employment as opposed to the current 60 days.
Require employer fees and charges to be paid monthly, rather than up-front, to facilitate mobility between employers and increase access for small business by reducing up-front costs.
The Review recognises that the Skilled Occupation Lists underpinning the Employer Sponsorship programs are outdated and lack a strong evidence base. The Review states that the occupation lists do not reflect current or anticipated skilled labour needs, including to support the transition to a net-zero economy or to build critical and sovereign capabilities.
Provide migrant workers with targeted training on workplace laws and conditions based on the Pacific Australia Labour Mobility (PALM) scheme model.
Improve post-arrival monitoring and compliance including through coordination with the tax system, using tax file numbers (TFN) and single-touch payroll.

Proposed Reforms: Global Talent & Skilled Visas

The Review proposes to consider changes to the existing Global Talent visa to improve clarity in the selection criteria and remove the need for a nomination. The review recognises that there is growing international competition for highly skilled migrants and Australia risks falling behind without more innovative and attractive visa products and service delivery in this space.
Recalibrate the points test for Skilled visas to select migrants with high human capital who will make the greatest long-term economic contribution.
A new permanent visa open to lower skilled workers, the Pacific Engagement Visa, will commence in July 2023 with 3,000 places available. Primarily intended to build Australia’s ties with our Pacific neighbours, entrants must meet English language and age requirements and have a job waiting on arrival in Australia.

Proposed Reforms: Business & Investment Visas

Reconsider the size and role of the Business Innovation and Investment Program (BIIP), noting more positive outcomes from the Significant Investor Visa.
The Review suggests consideration be given to whether the BIIP is retained as a substantial program. The Government notes that outcomes for the small Significant Investor stream have been stronger than for the remainder of the BIIP.
If there is a desire to retain some element of the BIIP, consideration could be given to drawing on the relative strength of this stream in designing a niche investment visa product, much more sharply targeted to select migrants able to drive innovative investments or play a valuable role in the venture capital industry.

Proposed Reforms: Working Holiday Visas

Ensure the primary focus of the Working Holiday Maker program is cultural exchange and does not operate to tie migration outcomes to the performance of work.
Subject to Australia’s obligations under trade and other international agreements, consider limiting Working Holiday Maker (WHM) visas to one year.

Proposed Reforms: Student Visas

Review the Student visa working hours cap, including whether unpaid work-integrated-learning, internships and work experience are counted towards the cap.
Provide a Temporary Graduate visa which will be automatically granted upon study completion without the need to apply for certain Student visa holders.

Proposed Reforms: Regional Visas

The Review states that regional visa programs, and the migration system more broadly, have not been effective in encouraging migrants to settle in regional Australia.
Migration should be part of a holistic approach to addressing regional population and labour needs. Better planning, housing, infrastructure and service provision will make regions more attractive to both Australians and migrants.

Proposed Reforms: Internal Departmental Systems

Proposed improvement of Department of Home Affairs’ technology system: the Review states that current ICT systems lack flexibility and responsiveness, and new technology has not been adopted.
Improving visa processing times across the board will be given priority.

The Minister of Home Affairs has recognised that “There is growing international competition for highly skilled migrants and Australia will need to sharpen its approach to attract migrants able to meet our future needs.”

We will continue to update our clients as the above-mentioned reforms are introduced to the Australian migration system and as an overhaul of Australian visas is rolled out over the next several months.

For advice regarding Australian visas, please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian immigration assistance.

Disclaimer:

Changes to Health Requirements for Certain Visas

Posted by Rebecca Berkovic on November 27, 2017

On 18 November 2017 new visa condition 8602 was introduced as well as changes to the health insurance requirements for subclass 457 visas, as explained below.

New Condition 8602

New Condition 8602 has been introduced which requires the visa holder not to have any outstanding public health debts while in Australia. Public health debts are those reported the Department of Immigration and Border Protection by any Commonwealth, State or Territory health authority but do not include health costs which are covered by health insurance or Medicare, or are for treatment for certain community health risks (eg tuberculosis).

Breach of condition 8602 may result in visa cancellation. Accordingly, visa holders who accrue a public health debt should arrange to repay any this debt with the relevant provider as soon as possible to avoid their visa being cancelled.

Visa Condition 8602 will be discretionary for some visas and mandatory for several visas including (but not limited to):

Subclass 188 (Business Innovation and Investment)
Subclass 400 (Temporary Work (Short Stay Specialist))
Subclass 407 (Training)
Subclass 408 (Temporary Activity) (certain streams only)
Subclass 417 (Working Holiday)
Subclass 457 (Temporary Work (Skilled))
Subclass 461 (New Zealand Citizen Family)
Subclass 462 (Work and Holiday)
Subclass 476 (Skilled – Recognised Graduate)
Subclass 485 (Temporary Graduate)
Subclass 489 (Skilled – Regional)
Subclass 500 (Student)
Subclass 600 (Visitor)
Subclass 601 (Electronic Travel Authority)
Subclass 651 (eVisitor)
Subclass 676 (Tourist)

Health Insurance Requirements for Subclass 457 visas

Subclass 457 visa applicants no longer need to provide evidence, or a letter from their insurer confirming their health insurance arrangements when applying for a visa – they simply need to indicate they have made adequate arrangements on the online form.

However Condition 8501, “maintain health insurance” itself has not been changed – that is, 457 visa holders must still maintain adequate health insurance while in Australia.

Need Assistance?

Contact our firm at info@hartmanlawyers.com.au for more information regarding the most appropriate Australian visa strategy for your circumstances.

Disclaimer:

Return of the Australian General Skilled Visa

Posted by Rebecca Berkovic on August 2, 2017

With an increasingly restrictive (and soon to be more expensive) permanent Employer Sponsored visa regime, we are beginning to see a return of the Australian General Skilled visa program, which does not require employer nomination or sponsorship, as potentially a more popular visa option for skilled overseas workers.

The Australian General Skilled visa regime was much more expansive prior to the Government’s overhaul back in 2010, when the list of over 400 occupations was reduced to 181. However, it seems that since the Prime Minister’s announcement on 18 April 2017 to seriously restrict Employer Sponsored visas and abolish the subclass 457 visa, the Australian General Skilled visa may need to fill a necessary gap to ensure that Australia is able to continue to build its economy and attract overseas workers in areas where there are skills shortages.

Restrictions to the Employer Nomination Scheme (subclass 186) Visa

On 18 April 2017 the Prime Minister, Malcolm Turnbull, announced a series of reforms to the Australian work visa program which have restricted and changed the way the Employer Nomination Scheme (subclass 186) visa functions.

Proposed and actual amendments to the subclass 186 visa have included the following:

The first change introduced on 19 April 2017, was a stark reduction in the number of eligible occupations for the Direct Entry stream subclass 186 visa.
The maximum age limitation for the subclass 186 visa through Direct Entry was lowered on 1 July 2017 from 50 to 45.
English language proficiency requirements for the Temporary Residence Transition stream of the subclass 186 visa was increased from ‘vocational English’ to ‘competent English’ on 1 July 2017.
Caveats introduced on 19 April 2017 applying to certain occupations within the Temporary Work (Skilled)(subclass 457) visa program now also apply to Direct Entry subclass 186 visa applications from 1 July 2017.
The Australian Government has proposed a work visa levy to be introduced in March 2018 which would tax businesses with a turnover of less than $10 million a levy of $3,000 per overseas worker sponsored for permanent residency and businesses with a turnover of more than $10 million a levy of $5,000 per overseas worker sponsored for permanent residency.
The Government has also announced that the eligible list of occupations for the Medium and Long-term Strategic Skills List (MLTSSL) and the Short-term Skilled Occupation List (STSOL), can be changed every six months, which will lead to increased uncertainty for Australian businesses and visa applicants applying through the subclass 186 visa program.
The Government has announced that from March 2018, only those Temporary Skills Sponsored (TSS) visa holders with occupations included on the MLTSSL list will be eligible to apply through the subclass 186 visa Temporary Residence Transition stream. The period of time a TSS visa holder must hold and continue to work for the same employer to be eligible for the subclass 186 visa is set to increase from two years to three years.

Comparison of the Australian General Skilled Visa Program

The Australian General Skilled visa program until recently was more restrictive than the subclass 186 visa, given that a different limited Skilled Occupation List (SOL) applied to Skilled Independent visas whereas the expansive Consolidated Skilled Occupation List (CSOL) applied to both permanent and temporary Employer Sponsored visas.

Applying through the General Skilled visa program may now be a more attractive option for skilled overseas workers to remain in Australia permanently for the following reasons:

It may be a less expensive option, especially given that no work visa levy will apply.
Employees previously eligible for the subclass 186 visa may no longer be able to apply based on language restrictions, occupation caveats and a reduction in the number of eligible occupations for the subclass 186 visa. However, the same overseas employee may be eligible for a General Skilled visa.
The eligible occupation list for the Direct Entry subclass 186 visa is now identical to the Skilled Nominated (subclass 190) and Skilled Regional (Provisional) (subclass 489) visas. From March 2018, the Temporary Residence Transition stream eligible occupation list will be identical to the Skilled Independent (subclass 189) visa.

For Australian employers needing to sponsor skilled overseas workers on a permanent basis or overseas employees in Australia seeking permanent residence, the General Skilled visa program may be preferable to the Employer Nomination Scheme, especially going forward if the Government continues to restrict Australian work visas.

Need Assistance?

This is a time of significant change in governmental policy in relation to Australian visas and immigration law. It is critical for Australian businesses requiring skilled overseas workers to remain permanently in Australia that the correct visa pathway is selected.

Contact our firm at info@hartmanlawyers.com.au for more information regarding the most appropriate Australian visa strategy for your situation.

Disclaimer:

Australian Skilled visa changes from 1 July 2017

Australian Visa Changes from 1 July 2017: Skilled Visas

Posted by Rebecca Berkovic on July 3, 2017

The Australian Skilled visa program is an important means of growing the Australian workforce and ensuring that labour shortages in particular occupations in Australia can be filled by skilled overseas workers. The Australian visa changes from 1 July 2017 have heralded in an expanded Skilled visa program in terms of eligible occupations.

Australian Skilled Eligible Occupations- 1 July 2017

The Medium and Long-term Strategic Skills List (MLTSSL) will apply to the following classes of visas:

Skilled- Independent (subclass 189) visas;
Skilled-Regional (Provisional)(subclass 489) visas; and
Temporary Graduate (subclass 485) visas.

The Department of Immigration and Border Protection (DIBP) will continue to amend the occupation list, which has been announced will occur on a six-monthly basis.

Additional Occupations for Skilled Visas:

chief executive or managing director
corporate general manager
chief information officer
faculty head
university lecturer
environmental manager
musician (instrumental)
statistician
economist
mining engineer (excluding petroleum)
petroleum engineer
engineering professionals (nec)
chemist
food technologist
environmental consultant
environmental research scientist
environmental scientists (nec)
geophysicist
hydrogeologist
life scientist (general)
biochemist
biotechnologist
botanist
marine biologist
microbiologist
zoologist
physicist
life scientists (not elsewhere classified)
conservator
metallurgist
meteorologist
natural and physical science professionals (nec)
multimedia specialist
software and applications programmers (nec)
ICT security specialist
horse trainer

Skilled Visa Age Requirement- 1 July 2017

The maximum age requirement for Skilled visa applicants has been reduced from below the age of 50 to below the age of 45 for applicants applying from 1 July 2017. An exception to this is the newly created ‘New Zealand pathway’ for Skilled visas.

The new age requirement of below 45 will affect the following visas:

Skilled Independent (subclass 189) visa;
Skilled Nominated (subclass 190) visa; and
Skilled Regional (Provisional) (subclass 489) visa.

Skilled Visa- New Zealand Pathway

From 1 July 2017, the Australian Government has introduced an additional pathway to Australian permanent residence as part of the Skilled Independent (subclass 189) visa for New Zealand Special Category visa (SCV) holders.

This creates an additional option for New Zealanders seeking Australian permanent residency.

Need Assistance?

For specific enquiries regarding applications for Australian Skilled visas, please feel free to contact us at info@hartmanlawyers.com.au.

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Preparing for 1 July 2017 Australian Visa Changes

Posted by Rebecca Berkovic on June 28, 2017

As the 1 July 2017 Australian visa changes rapidly approach, we are bracing for the system, financial and regulation modifications that will occur.

System Changes

The Department of Immigration and Border Protection (DIBP) has announced that the lodgement portal will be closed from 9:00 pm (AEST) on 30 June 2017.

Also, on 1 July 2017 new electronic forms will be introduced for all stages of the 457 visa.

The DIBP has instructed that any partially completed, ‘saved’, or ‘in progress’ 457 forms that are not submitted by 9:00 pm on 30 June 2017 will be lost, and the forms will be set to a status of ‘discontinued’ within the ImmiAccount. Therefore, applicants are strongly advised to ensure that any urgent applications are completed and submitted before this date.

From 1 July 2017, applicants will need to start a new 457 sponsorship, nomination of visa application form to continue the visa application process.

Financial Changes

Australian visa application fees will be increasing on 1 July 2017. The Government has published information of the exact changes that will occur.

The new Australian visa application fees can be accessed here.

Regulation Changes

A number of regulation changes will be introduced on 1 July 2017 affecting eligibility criteria for Australian visas.

The changes that have been announced so far include the following:

Skilled visas: The requisite occupation lists are expected to change and the maximum age requirement will be reduced from 50 years to 45 years.
Temporary Work (Skilled)(subclass 457) visas: A number of changes are expected to occur including changes to the eligible skilled occupation lists, requirement for mandatory police checks for visa applicants, change in the training requirements and changes to English language exemptions.
Employer Nomination Scheme (subclass 186) visa (ENS visa) & Regional Sponsored Migration Scheme visa (subclass 187) visas: The English language requirement will change for the Transitional visa stream from ‘vocational’ to ‘competent’ English, eligible occupation lists will be amended, and the maximum age requirement of 45 at the time of application will apply to Direct Entry stream applicants and a maximum age requirement of 50 at the time of application will continue to apply to Temporary Residence Transition stream applicants.

We will keep our clients and contacts informed of the upcoming 1 July 2017 changes to the Australian visa program.

For more information on Australian work visas, please feel free to contact us at info@hartmanlawyers.com.au

Disclaimer:

Updated Occupation Lists for Australian Skilled Visas – Commencing 1 July 2016

Posted by Rebecca Berkovic on May 18, 2016

The Australian Government annually publishes a Consolidated Skilled Occupation List (CSOL) and Skilled Occupation List (SOL) relating to skilled visas. It is a hurdle requirement that applicants for skilled visas meet the definition of an occupation on either the CSOL or SOL.

The updated CSOL and SOL have now been published and will come into effect on 1 July 2016.

Updates to the CSOL

The CSOL relates to the following visa types:

Employer Nomination Scheme (subclass 186) visa;
Training and Research (subclass 402) visa; and
Temporary Work (Skilled) (subclass 457) visa.

There have been no amendments to the CSOL for the July 2016 list which apply to the relevant employer sponsored visas. The CSOL can be accessed here.

Updates to the SOL

The SOL relates to the following visa types:

Skilled Independent (subclass 189) visa;
Skilled Nominated (subclass 190) visa;
Temporary Graduate (subclass 485); and
Skilled Regional (Provisional) (subclass 489).

Occupations added to the SOL:

251912 Orthotist or Prosthetist; and
252711 Audiologists.

Occupations removed from SOL:

233611 Mining Engineers (excluding Petroleum);
233612 Petroleum Engineers;
234912 Metallurgists ;
251311 Environmental Health Officers;
251312 Occupational Health & Safety Advisers;
411211 Dental Hygienists;
411212 Dental Prosthetists;
411213 Dental Technicians; and
411213 Dental Therapists.

The SOL can be accessed here.

For advice regarding Australian skilled visas, please do not hesitate to contact us at info@hartmanlawyers.com.au for Australian immigration assistance.