Supra Legal

30/10/2023

PATHWAY TO PR FOR SHORT TERM TSS VISA HOLDERS

The Department have announced that changes to the eligibility for the sc186 Employer Nomination Scheme (ENS) visa will commence on 25 November 2023.

Details are to be released shortly but it is anticipated that these changes will enable holders of a sc482 Temporary Skill Shortage (TSS) visa in either the short or medium-long term streams to be sponsored by their employer for a sc186 ENS visa via the Temporary Residence Transition (TRT) stream after they have been in the position as the holder of a TSS visa for 2 years.

This offers a potential pathway for short term TSS holders not previously eligible under the ENS program.

Once further details are released visa holders should seek advice on their specific circumstances.

09/10/2023

NSW 190 PROGRAM FOR 2023-24

NSW has announced its eligibility criteria for nomination under the subclass 190 Skilled Nominated visa. There have been some significant changes to its program for 2023-24. It is also important to note that the allocation of places for the 190 program has been significantly decreased. NSW has only 2,650 places available for 2023-24, making the program highly competitive.

The basic eligibility is relatively broad for NSW:
- You meet all visa requirements outlined by the Department of Home Affairs
- You have a valid skills assessment in an occupation on the eligible skilled occupation list, and
- You are either residing in NSW and have done for at least 6 months, or you are residing offshore and have done for at least 6 months.

However, importantly NSW has announced that it will prioritise Expressions of Interest (EOIs) in occupations that fall under certain key industry sectors – namely health, education, ICT and infrastructure. There is no list of specific occupations which are considered to fall within these sectors.

While EOIs can be lodged in occupations outside these sectors NSW states:
"High-ranking EOIs in occupations outside of the NSW target sectors may be considered during invitation rounds; however, it's crucial to understand that the odds of receiving an invitation are exceptionally low due to high demand and limited spots. Therefore, we strongly recommend exploring all other migration pathways and not relying solely on a potential invitation from NSW."

In addition, to be eligible for NSW nomination, an applicant’s EOI must be for one visa only and for NSW only. If applicants are wishing to nomination more than one visa or state then they must submit multiple EOIs.

Further details of the program can be found at: https://www.nsw.gov.au/visas-and-migration/skilled-visas/skilled-nominated-visa-subclass-190

This offers a potential pathway for applicants not otherwise eligible for permanent residence under employer sponsored or independent skilled programs. However, it is a highly competitive process and applicants should seek advice on their specific situation.

Skilled Nominated visa (subclass 190) A permanent visa for points tested skilled workers to live and work in NSW. Common Questions About Skilled VisasAustralian Department of Home Affairs About NSW Nomination NSW uses a selection-based invitation process to ensure that NSW nominees are aligned with....

14/05/2023

VISA APPLICATION FEE INCREASE

The 2023 Federal Budget has forecast the following increases in Visa Application Charges (VACs) from 1 July 2023:
• Visitor, working holiday, work and holiday, training, temporary activity and temporary work (short stay specialist) visas will increase by 15%
• Business innovation and investment visas will increase by 40%
• Other visas (other than Pacific Engagement visa and Pacific Australia Labour Mobility visas) will increase by 6%

This will apply to applications lodged on or after 1 July 2023. Therefore applicants are recommended to lodge prior to this date to avoid increased costs.

If you require further advice about your application and prospects please don’t hesitate to contact us.

19/12/2022

CHANGES FOR NEW ZEALAND CITIZENS

The New Zealand stream of the Skilled Independent (subclass 189) visa has been temporarily closed from 10 December 2022 to 1 July 2023. The Government has stated that the temporary pause on new applications will allow the Government to consider future migration and citizenship pathways for New Zealand citizens in Australia, reflecting the close ties between the two countries.

The Department of Home Affairs has announced that during this period it will seek to finalise the majority of on-hand applications in the New Zealand stream, and has established a dedicated taskforce to prioritise the processing of this caseload.

In addition there have been a number of positive changes for applicants with pending applications for the New Zealand stream, namely:
- Removal of the requirement to have been resident in Australia for at least five years and to have been usually resident on or before 19 February 2016.
- Removal of the requirement to evidence that the applicant meets the income threshold.
- Removal of the health requirement.
- New deeming provisions which provide that a New Zealand citizen, who has held a special category visa and who holds a Subclass 189 (Skilled – Independent) visa in the New Zealand stream granted after 31 December 2021 and before 1 July 2023 is taken to have become a permanent resident on 1 January 2022. This will provide earlier access to Australian citizenship for some applicants.

The new concessions recognise that applicants with pending applications are long term residents who have been working here and contributing to Australia’s economic recovery during the COVID-19 pandemic.

If you require further advice about your application and prospects please don’t hesitate to contact us.

16/11/2022

NEW DIRECTION FOR PROCESSING OF SKILLED VISAS

A new Ministerial Direction for prioritising skilled visa applications came into effect on 28 October 2022. Ministerial Direction No.100 prioritises applications in relation to healthcare and teaching occupations, as well as offshore permanent and provisional applications. It also ceases the Priority Migration Skilled Occupation List (PMSOL) and critical sectors.

The following skilled visas are subject to Ministerial Direction No. 100:
• Subclass 124 (Distinguished Talent)
• Subclass 186 (Employer Nomination Scheme)
• Subclass 187 (Regional Sponsored Migration Scheme)
• Subclass 188 (Business Innovation and Investment) (Provisional)
• Subclass 189 (Skilled - Independent)
• Subclass 190 (Skilled - Nominated)
• Subclass 191 (Permanent Residence (Skilled Regional))
• Subclass 457 (Temporary Work (Skilled))
• Subclass 482 (Temporary Skill Shortage)
• Subclass 489 (Skilled - Regional (Provisional))
• Subclass 491 (Skilled Work Regional (Provisional))
• Subclass 494 (Employer Sponsored Regional (Provisional))
• Subclass 858 (Global Talent)
• Subclass 887 (Skilled - Regional)
• Subclass 888 (Business Innovation and Investment (Permanent).

Skilled visa applications are processed in the following order of priority:
• Visa applications in relation to a healthcare or teaching occupation (see below for what occupations are covered by this).
• For employer sponsored visas, visa applications where the applicant is nominated by an Approved sponsor with Accredited Status.
• Visa applications in relation to an occupation to be carried out in a designated regional area.
• For permanent and provisional visa subclasses, visa applications that count towards the migration program, excluding the Subclass 188 (Business Innovation and Investment (Provisional)) visa.
• All other visa applications.

For all categories above, priority will be given to holders of eligible passports. In addition, within each category above priority is given to visa applications where the primary applicant is located outside Australia at the time the visa application is made.

The highest priority applications are those related to Healthcare or Teaching Occupations. This relates to the following occupations:
• ANZSCO Sub-major Group 25 - Health Professionals
• ANZSCO Minor Group 241 - School Teachers
• ANZSCO Minor Group 411 - Health and Welfare Support Workers
• ANZSCO Unit Group 1341 - Child Care Centre Managers
• ANZSCO Unit Group 2346 - Medical Scientists
• ANZSCO Unit Group 2721 - Counsellors
• ANZSCO Unit Group 2723 - Psychologists
• ANZSCO Unit Group 2725 - Social Workers
• ANZSCO Unit Group 3112 - Medical Technicians
• ANZSCO occupations: 134311 - School Principal; 421111 - Child Care Worker; 423111 - Aged or Disabled Carer; 423312 - Nursing Support Worker; 423313 - Personal Care Assistant.

If you require further advice about your application and prospects please don’t hesitate to contact us.

02/11/2022

VETASSESS PRIORITY PROCESSING

VETASSESS is the skills assessing body for a range of occupations. VETASSESS offers a priority processing service for online skills assessment applications for General Professional occupations for an additional fee of $623 (plus GST if applicable). Applications confirmed as eligible for priority processing are assessed within 10 business days (rather than the standard 12 weeks) and the assessment outcome letter is then available for download within 48 hours after completion of the assessment.

VETASSESS’s Priority Processing service is currently capped at 25 places a day. However, it is now accepting urgent requests for Priority Processing from applicants who can provide evidence of an invitation from the Department of Home Affairs or an Australian state or territory government. If this applies to you, please email [email protected], attaching the evidence.

17/10/2022

NSW 491 REGIONAL ELIGIBILITY CRITERIA RELEASED

NSW recently introduced its skilled occupation list with minimum points score and skilled work experience requirements for each occupation required for NSW nomination. However, it has now also released a new “Working in Regional NSW” eligibility stream for those wanting sc491 nomination and are already living and working in regional NSW.

NSW states that the new stream will prioritise applicants who:
• are currently living and working in their nominated (or closely related) occupation in a designated regional area of NSW, and have continuously done so for the past twelve (12) months for a minimum of 20 hours per week;
• meet all eligibility requirements required by the Australian Government for this visa;
• have a valid skills assessment in an occupation within in a unit group that appears on the NSW Regional Skills List and is eligible for the visa;
• are paid at least the TSMIT level or $53,900 per annum (full time basis) excluding superannuation; and
• can provide employment evidence through payslips, employment contract and tax returns.

If an applicant meets all stream criteria outlined above, they may apply directly for NSW nomination. The previously published NSW list of minimum points score and work experience requirements do not apply to this stream but applicants must still meet the legislative requirements for the visa which include having a minimum points score of 65 points (noting this can include 15 points for state nomination for a 491 visa) and have Competent English.
Details of the new Working in Regional NSW stream can be found at: https://www.nsw.gov.au/visas-and-migration/skilled-visas/skilled-work-regional-visa-subclass-491

This offers a potential pathway for applicants not otherwise eligible for permanent residence under employer sponsored, 190 or independent skilled programs.

Skilled Work Regional visa (subclass 491) On this page The Federal Government retains ultimate responsibility for Australia's migration program, including the allocation of available places across program streams and making decisions on visa applications. Under agreement with the Federal Government,...

28/09/2022

NSW 190 LIST AND ELIGIBILITY CRITERIA RELEASED

NSW has announced its eligibility criteria for nomination under the subclass 190 Skilled Nominated visa. There have been some significant changes to the criteria.

Most significantly NSW has introduced a new minimum points score and skilled work experience requirement for each occupation. NSW states:

"These scores were determined by analysing the SkillSelect EOI pool against the places allocated for that unit group for the 2022-23 financial year, and set at such a level that someone with these scores might realistically be invited to apply in 2022-23. This means that the scores were determined by the market, i.e. the EOIs and allocation, not arbitrarily selected by NSW."

Details of the scores and experience required for a particular occupation can be found at: https://www.nsw.gov.au/visas-and-migration/skilled-visas/nsw-skills-lists

In addition, to be eligible for NSW nomination, an applicant’s SkillSelect Expression of Interest (EOI) must be for one visa only and for NSW only. NSW states that “this means that if your SkillSelect EOI has multiple visas and/or multiple states selected (this includes selecting 'ANY'), your SkillSelect EOI will not be considered”. If applicants are wishing to nomination more than one visa or state then they must submit multiple EOIs.

Further details of the program can be found at: https://www.nsw.gov.au/visas-and-migration/skilled-visas/skilled-nominated-visa-subclass-190

This offers a potential pathway for applicants not otherwise eligible for permanent residence under employer sponsored or independent skilled programs. However, it is a highly competitive process and applicants should seek advice on their specific situation.

Skilled Nominated visa (subclass 190) On this page NSW uses a selection-based invitation process to ensure that NSW nominees are aligned to the skills needs of the state's economy. You cannot directly apply for NSW nomination. NSW nomination for the Skilled Nominated visa (subclass 190) is exception...

29/08/2022

SKILLS ASSESSMENTS & ENGLISH TESTS FOR 189 VISAS

Last week there were a large number of unexpected invitations issued for subclass 189 visas. A number of potential applicants were caught unawares and their skills assessments and/or English language tests had expired. It is important to ensure that these remain valid while the expression of interest awaits invitation as they should be valid at the time of invitation.

If you received an invitation for a sc189 visa and have an expired skills assessment or English language test you should seek legal advice about your situation prior to lodgement of any visa application rather than risk a refusal.

11/08/2022

POLITICAL WILL TO ADDRESS VISA PROCESSING DELAYS

Everyone involved in Australia’s visa processing is aware of the significant delays in finalisation of visa applications across a wide range of subclasses. This is impacting on businesses as well as individuals. On 25 July 2022 Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs, announced that the Government has directed the Department of Home Affairs to devote more staff to addressing the backlog.

This has included moving staff who were previously dealing with border exemption applications back to visa processing areas. In particular the focus is on temporary skilled, student and visitor visa applications to enable applicants to travel to Australia to contribute to economic growth and labour shortages. It is hoped that this will result in a positive reduction in the current lengthy processing times.

Andrew Giles’s media release in relation to this can be found at

Processing the backlog of visa applications is an urgent priority for the Albanese Government, and the Minister for Immigration, Citizenship and Multicultural Affairs has directed the Department of Home Affairs to devote more staff to addressing the current visa backlog.

25/07/2022

DEADLINE FOR UKRAINIAN HUMANITARIAN VISAS
Ukrainians who have arrived in Australia and hold a temporary visa are able to apply for a sc 786 Temporary Humanitarian Concern (THC) visa. This is a three year visa and gives the holder access to work rights, study rights and Medicare. There is no visa application process or application fee, the Ukrainian citizen must complete the webforms on the Department’s website. This can be found at https://www.homeaffairs.gov.au/help-and-support/ukraine-visa-support/acceptance-of-offer-for-786-visa-information-request

However, the deadline to complete the webform is 11:59pm on 31 July 2022. Persons who are unable to accept the Government’s offer of a sc786 visa by 11:59pm on 31 July 2022 will need to lodge an alternate visa application and meet standard eligibility requirements for the relevant visa.

Further details can be found at https://www.homeaffairs.gov.au/help-and-support/ukraine-visa-support/australian-government-offer-for-temporary-humanitarian-stay-in-australia

The Department of Home Affairs acknowledges the Traditional Custodians of Country throughout Australia and their continuing connection to land, sea and community. We pay our respects to all Aboriginal and Torres Strait Islander peoples, their cultures and to their elders past, present and emerging.....

05/07/2022

CHANGE TO VACCINATION REQUIREMENTS FOR TRAVELLERS
There have been some important changes for travellers to and from Australia. From July 6 2022:
• People entering Australia do not need to provide evidence of vaccination status
• People entering Australia do not need to complete the Digital Passenger Declaration or Maritime Travel Declaration
• People leaving Australia will not be asked to provide evidence of their vaccination status
• Unvaccinated visa holders do not need a travel exemption to travel to Australia
• Masks are still required on flights travelling to Australia.
It is important to remember that airlines, vessel operators and other countries may have specific requirements that travellers need to comply with. For further information see

It is important to remember that airlines, vessel operators and other countries may have specific requirements that travellers need to comply with.