1. Skills in Demand visa or Employer Nomination Scheme visa: which one is right for you? 

Both visas let an Australian employer sponsor you to work in Australia, but they lead to very different places. The Skills in Demand visa (subclass 482) is temporary. The Employer Nomination Scheme visa (subclass 186) is permanent. Choosing between them, or planning to move from one to the other, affects your career, your family and your costs. 

An immigration lawyer can tell you which visa fits your situation before you commit. Here are the main points to understand first. 

How the two visas compare 

 Skills in Demand visa (subclass 482) Employer Nomination Scheme visa (subclass 186) 
Length of stay Temporary, for up to four years Permanent. You can live in Australia indefinitely. 
When it ends You must apply for a new visa, or a permanent visa, to stay It does not expire 
Work experience Usually one year of relevant experience More. Depending on the pathway, this is two years of full-time work for your sponsor or three years of relevant experience. 
English Vocational English Competent English, which is a higher standard 
Age limit None Generally under 45 when you apply, with some exceptions 
Employer tie You can work only for your sponsor in the nominated role. Changing employer needs a new nomination. No work restrictions 
Health insurance You must keep adequate health insurance for your stay Not a visa condition 
Government charges Usually lower Usually higher 
Processing time Generally shorter Generally longer 

Many people start on the 482 visa and move to the 186 visa after about two years with the same employer. If you can qualify for the 186 visa, it gives you permanent residency, so you are free to stay in Australia long term. 

2. Can my family come with me on a 482 visa? 

Yes. Your spouse or de facto partner and your dependent children can be included in your application, or added later. They can be in or out of Australia when you apply, and when the visa is granted. 

Family members do not need their own skills assessment, but they must meet health requirements, and from age 16 character requirements.  

Children are generally treated as dependent until age 23, and those aged 18 or over must depend on you financially. There are limited exceptions for older children. 

3. Can I speed up my application? 

The Department of Home Affairs (the Department) does not offer a formal fast-track service. It assesses applications according to priority groups set by a Ministerial Direction, and processing times have generally been getting longer as more people apply. 

An immigration lawyer can monitor your case against the Department’s published processing times and raise delays. If your case has been waiting longer than the published time, that may be grounds to ask the Department to review it. There are no guarantees. 

4. Can I get updates from the Department? 

Not easily. The Department handles thousands of cases, and its general phone line does not provide case updates. The status labels in your online account, ImmiAccount, are limited to simple stages such as received, further assessment and finalised. 

There are only a few situations where the Department will respond to an enquiry. A immigration lawyer can tell you when contact is appropriate. 

Keep your documents up to date 

A few steps can prevent delays on a permanent residency application: 

  • Make sure your passport and police clearance certificates stay valid for the whole expected processing period. 
  • Keep uploading supporting documents to your application while it is being processed. 
  • If your health checks expire, wait for the case officer to ask for new ones before you book them. 
  • Tell the Department about any change in your contact details, address, job, passport or family, such as a new baby. Your immigration lawyer can explain the right way to report each change. 

5. Is my job eligible, and which occupation code applies? 

The Department uses the Australian and New Zealand Standard Classification of Occupations as a guide to the duties of each sponsored role. Check the occupation list for the visa you want, then read the full description in the classification. 

Choose your occupation based on your duties, skills and qualifications, not your job title. Job titles vary a lot, and the wrong occupation code is a common cause of extra questions from the case officer, or even a visa refusal. 

Your role does not need to match every listed task, because the classification is a guide. However, you must meet the skill and experience requirements of the occupation you choose. If your role differs significantly from the occupation, you may need to choose another occupation or consider a visa that doesn’t depend on an occupation list. 

6. What if I don’t have an employer sponsor? 

The Skilled Independent visa (subclass 189), the Skilled Nominated visa (subclass 190) and the Skilled Work Regional visa (subclass 491) are points-tested. You need at least 65 points to submit an expression of interest, but competitive scores are often higher and vary by occupation. A state nomination adds 5 points for the 190 visa, and a regional nomination adds 15 points for the 491 visa. 

Points come from factors such as age, English, work experience, education and community language skills. The Department’s website has an online points calculator. 

An expression of interest is not a visa application, so you do not receive a bridging visa when you submit one. You can update it until the Department invites you to apply. 

Speak to an immigration lawyer 

Visa rules change often, and a mistake can lead to delays, extra costs or a refusal. An immigration lawyer can check your eligibility, choose the right occupation, plan your timing and handle questions from the case officer, so your application is consistent and professional from lodgement to decision. 

Reach out to our immigration lawyer today.

The new Skills in Demand visa (former Temporary Skills Shortage 482 Visa)

In December 2023, the government released their migration strategy, whereby the new Skills in Demand visa was announced. This visa would replace the existing Temporary Skills Shortage (TSS) 482 visa and enable full mobility and clear pathways to permanent residence.

The Department has indicated in its Action Plan that this switch will be implemented in late 2024. Unfortunately, no specific dates for when this will occur have been published.

What we do know from what the government has unveiled is that the visa’s features are:

  • A stay of up to 4 years;
  • There will be a pathway to permanent residence, and periods of employment with any approved employer will count towards permanent residence requirements;
  • Three new streams will be introduced: Specialist Skills, Core Skills and Essential Skills.

Specialist Skills Pathway

This pathway is for highly skilled specialists to ensure Australia can quickly and efficiently recruit top talent in areas of need.

Specific eligibility criteria (in addition to the general visa criteria):

  • in any occupation except trades workers, machinery operators and drivers, and labourers 
  • earning at least AUD$135,000 (the Specialist Skills Threshold) and no less than Australian workers in the same occupation.
  • A median service standard of 7 days of processing

Core Skills Pathway

Most temporary skilled migrants will come through the Core Skills Pathway, designed to bring in the professional employees Australia needs now and in the future.

Specific eligibility criteria (in addition to the general visa criteria):

  • whose occupation is on a new Core Skills Occupation List;
  • who will be paid a salary at or above the 482 salary threshold, which is currently at AUD$73,150 base salary (called now TSMIT, but to be retitled the Core Skills Threshold);
  • A median service standard of 21 days processing.

Essential Skills Pathway

This is a more regulated pathway for lower-paid workers with essential skills in the care and support economy to be sponsored.

Specific eligibility criteria (in addition to the general visa criteria):

  • The government are still consulting States and Territories on how this program can be managed, so the details of this stream have yet to be fleshed out; 
  • Visa applicants may be earning a salary under the 482 salary threshold.

Other significant changes to this visa program are:

  • Reduced Work Experience Requirement: Starting 23 November 2024, applicants need only have one year of full-time work experience in their nominated occupation or a related field to be eligible to apply. This is a significant reduction from the previous 2-year requirement;
  • Increased Flexibility for Visa Holders: The government has extended the grace period for 482 visa holders who lose their employment, allowing them to work for up to 180 days while searching for a new sponsor;
  • Labour market testing (LMT): there is a plan to streamline LMT to increase the validity of the advertising period from 4 to 6 months;
  • Skilling Australian Fund (SAF): the government is exploring a model for employers to pay trailing SAF charges and fees rather than an upfront fee at the time of application;
  • Sponsor public register: a commitment to develop a public register of approved sponsors to enable monitoring and oversight.

Understanding these changes is crucial for anyone considering a temporary employer-sponsored migration pathway to Australia. By staying informed and seeking professional advice, applicants can navigate this dynamic process and increase their chances of success.

If you found this article helpful, give us a call and book your consultation with M Legal today at 1300 709 920!

Written by Sofia Maniam and Sarah Mathew

While this is now old news, we felt that this was still an important change to immigration policy that we would news flash.

The Pandemic Event Visa has officially closed to new applications. As of 2 September 2023, the Pandemic Event visa will only be available to existing Pandemic Event visa holders. 

Why is the Pandemic Event visa closing? 

Now that Australia’s borders are open and temporary visa holder numbers in Australia have returned to pre-COVID levels, The Department of Home Affairs has decided that the Pandemic Event visa will no longer be required. 

Next steps for existing Pandemic Event visa holders and lodged Pandemic Event visa applications

As part of the staged closure: 

  • All visa applications lodged on or after 2 September 2023 will have a stay period in Australia of up to 6 months.
  • All applications lodged on or after 2 September 2023 will incur a Visa Application Charge of AUD405.00.
  • The Pandemic event visa closes to all new applications on 1 February 2024. 
  • At the time of application, you must hold a Pandemic event visa that expires in 28 days or less.
  • Applications lodged before 2 September 2023 will continue to be considered for a period of stay in Australia of up to 12 months. 
  • Your Pandemic Event visa will remain valid until its expiry, or you are granted another visa. 

Next steps for employers preparing for closure 

Employers of a Pandemic Event visa holder should check what their employee’s plans are, including whether they intend to transition to another visa or depart Australia. 

It is the responsibility of employers to ensure that they employ overseas workers with valid visas, otherwise, they risk significant penalties. 

If you found this article useful, give us a call and book your consultation with M Legal today!

Written by Sarah Mathew on behalf of M Legal’s lawyers

From the 1st of July 2023, all New Zealand (NZ) citizens who are granted a special category visa (SCV) will be considered permanent residents for citizenship purposes. This will mean that all SCV holders will have a direct pathway to apply for Australian Citizenship without becoming permanent residents first. This is under the condition that the requirement of four years of residence and other eligibility requirements are met. In our view, this is a monumental shift in citizenship requirements, with a game-changing effect on NZ citizens who have made Australia their home.

Ordinarily, to meet the general residence requirement for the purpose of citizenship by conferral, an applicant must be lawfully present in Australia for four years, including 12 months as a permanent resident, immediately before the date of application. 

The changes that will take effect 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 permanent residents for citizenship purposes from the date of their SCV grant.

The above provisions will apply to New Zealand citizens in Australia as well as New Zealand citizens who are overseas but held an SCV before leaving Australia. 

These changes will impact children who are born in Australia on or after 1 July 2022 to an SCV holder as they will automatically acquire Australian citizenship at birth. 

The change will ultimately bring about new opportunities for New Zealand citizens and their children born on-shore, and will finally reward SCV holders who have lived in Australia for an extended period of time so as to receive the benefits associated with citizenship and be valued as  part of the Australian community. 

M Legal’s lawyers’ experience makes us well-equipped to help provide clarity on this entire process. With our knowledge, we can assist you with your next Australian Citizenship application and put the most robust case together for you to make this work easier for you.

If you found this article useful, give us a call and book your consultation with M Legal today!

Written by Sarah Mathew on behalf of M Legal’s lawyers

Here’s what you need to know and why.

Despite borders opening and tourism being encouraged in Australia while the country’s economy recovers, applicants will find that the Subclass 600 Visitor Visa (600 visa) is not as easy to secure. Refusal of 600 visas has become more common recently.  For this reason, understanding the criteria of the 600 visa is integral to ensure you can put forward the best visa application and obtain a positive outcome.

What is a visitor visa?

The 600 visa is a temporary visa that allows you to visit Australia as a business visitor or see family and friends for up to 12 months. The streams provided under this visa includes:

  • Tourist Stream 
  • Sponsored Family Stream
  • Business Visitor Stream
  • Approved Destination Status Stream
  • Frequent Traveller Stream

*It is important to note that each stream has differing criteria, and as an applicant you need to consider which stream you are applying for, and if you meet the criteria for that particular stream.

Who is eligible for this visa and who would apply?

You would also need to apply for this particular visa on the basis that you do not meet the requirements of an eVisitor (Subclass 651) or an Electronic Travel Authority (ETA). 

The common eligibility for this visa is inclusive of:

  • Intends to visit Australia as a tourist, business visitor, relative of an Australian permanent resident or citizen or ‘other’ reasons allowable under the 600 visa 
  • Having access to or have adequate funds, enough to support your stay in Australia (as well as departure)
  • Being classified as a Genuine Visitor, that is, do you have a genuine intention to stay temporarily in Australia?

This eligibility needs to be thoroughly considered when deciding upon applying for a visitor visa as you will undergo the scrutiny of a Department of Home Affair’s decision maker.

What makes applying for the 600 visa challenging?

We see 600 visa refusals mainly due to applicants failing to meet the ‘Genuine Intention to visit Australia temporarily’.  This appears to have become a focal point in decision makers refusing entry to individuals. 

In determining whether an applicant has a genuine intention to stay temporarily in Australia, a decision maker must consider the following:

  1. Whether the applicant has complied substantially with the conditions of their past visas
  2. Whether the applicant intends to comply with the conditions of their 600 visa
  3. Any other relevant matter

(b) and (c) are usually the two considerations where the decision maker has quite a broad discretion to consider a number of factors to be able to finally assess if the applicant can meet the genuine intention criteria.  This unfortunately can lead to unfair findings made by the Department’s case officer.

Some of the considerations for (b) are:

  • Adverse information or allegations against any applicant or a contact in Australia
  • Financial support during the applicant’s stay (without engaging in any work in Australia)…

Some of the considerations for (c) are:

  • Your employment and financial conditions
  • Economic, social and political situation relative to the applicant’s home or usual country of residence
  • Incentive to return to their home country or usual country of residence…

Why is this important to understand?

A lot of clients believe that applying for a 600 visa is straightforward.  In most cases it can be, however at other times, understanding how to put the best case forward by applying the laws, making succinct arguments and supporting the case with the right evidence, can improve your chances of success towards a positive visa outcome.

This is particularly important as overseas applicants mostly do not have a right of appeal of any 600 refusal decision.

The 600 visa stands as one of the most popular immigration visas, and thus, due to the high number of applications received by the Department of Home Affairs each year, the legislation for approval of this visa is strict and non-negotiable.  

M Legal’s lawyers’ experience makes us well equipped to help navigate and give you clarity on this entire process. With our knowledge, we can assist you with your next 600 visa application and put the most robust case together for you to make this work easier for you.

Contact Us

If you found this article useful, give us a call and book in your consultation with M Legal today!

Written by Sarah Mathew on behalf of M Legal’s lawyers.