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I’ve left my employer, what does this mean for my TSS visa? (Updated: 1 November 2024) australian resident visa457 visaEmployer SponsoredTSS

I’ve left my employer, what does this mean for my TSS visa? (Updated: 1 November 2024)

There are a number of reasons for employees to leave their employers, both voluntarily and non-voluntarily. For individuals on Temporary Skill Shortage (TSS) Subclass 482 visas, there is an additional layer of complexity due to certain visa conditions applicable. What visa conditions are applicable to me? All TSS visa holders are subject to condition 8607 which, amongst other things, requires…
Jordan Tew
1 November, 2024
Training (Subclass 407) Visa Checklist child migration australia407Employer SponsoredTraining Visa

Training (Subclass 407) Visa Checklist

The Training (Subclass 407) visa is temporary employer sponsored visa valid for up to two years. It allows an individual to complete workplace-based occupational training activities to improve their skills for their job, area of tertiary study, field of expertise, or in a professional development training program in Australia. The 407 visa has three streams including occupational training that is:…
Brittney McCann
26 September, 2024
The definitive guide to Labour Market Testing (LMT) for Subclass 482 nomination applications (updated: 3 Jul 2024) Labour Market TestingTSS

The definitive guide to Labour Market Testing (LMT) for Subclass 482 nomination applications (updated: 3 Jul 2024)

For certain visa types a sponsor must demonstrate to the Department that they are unable to find a suitable Australian worker to fill the role. In these applications, the sponsor will need to provide evidence that they have tested the local labour market. Subclass 482 nomination applications are subject to a specific requirement to provide evidence of labour market testing…
Mihan Hannan
3 July, 2024
Can I add my family to my Subclass 482 or Subclass 485 application? 482Graduate

Can I add my family to my Subclass 482 or Subclass 485 application?

Australia has many post-graduate and skilled workers who can apply for the Temporary Graduate (Subclass 485) (485) visa and the Temporary Skill Shortage (Subclass 482) (482) visa to stay in Australia and contribute their skills to Australia’s in-demand skills industry. As part of the visa application, applicants can include certain family members to enable them to travel to and /…
Annie Anderson
26 June, 2024
July 2024 changes to TSS (Subclass 482) and other visa conditions 457 visa482Employer Sponsored

July 2024 changes to TSS (Subclass 482) and other visa conditions

From 1 July 2024, significant changes are being made to visa conditions 8107, 8607, and 8608 which impact holders of the following visas: Temporary Skill Shortage (subclass 482) visa Temporary Work (Skilled) (subclass 457) visa Skilled Employer Sponsored Regional (Provisional) (subclass 494) visa These changes form part of the Australian Government's Migration Strategy and are aimed at addressing worker exploitation…
Emily Young
21 June, 2024
What is ‘highly specialised work’, for a Temporary Work (Short Stay Specialist) (Subclass 400) visa application? 400 Visa

What is ‘highly specialised work’, for a Temporary Work (Short Stay Specialist) (Subclass 400) visa application?

The Temporary Work (Short Stay Specialist) (Subclass 400) visa permits highly skilled individuals to conduct short-term, non-ongoing, highly specialised work in Australia for up to 3 months (in some cases, up to 6 months). This article discusses what constitutes “highly specialised work” below. For further information about 400 visas including other eligibility requirements, the application process, information on the “Australia’s…
Brittney McCann
3 June, 2024
Increase to the Temporary Skilled Migration Income Threshold (TSMIT) from 1 July 2024 australian resident visa186482491494Employer Sponsored

Increase to the Temporary Skilled Migration Income Threshold (TSMIT) from 1 July 2024

From 1 July 2024, the Temporary Skilled Migration Income Threshold (TSMIT) will increase from $70,000 to $73,150. This will affect new nomination applications for Temporary Skill Shortage (Subclass 482), Skilled Employer Sponsored Regional (Subclass 494) and Employer Nomination Scheme (Subclass 186) visas. Such applications will need to ensure that nominees are paid above the new TSMIT of $73,150 or the…
admin
29 May, 2024
What can we expect from Australia’s new Skills in Demand visa? Employer Sponsored

What can we expect from Australia’s new Skills in Demand visa?

On 11 December 2023, the Australian government released its much anticipated and comprehensive Migration Strategy, with a policy roadmap containing 8 key actions and over 25 new policy commitments and areas for future reform. One of the most significant key actions is the creation of a new Skills in Demand visa, with three targeted pathways. What are the pathways? The…
Mihan Hannan
11 December, 2023
The Australian government released its Migration Strategy on 11 December 2023 australian resident visaEmployer SponsoredGeneral Skilled MigrationStudent

The Australian government released its Migration Strategy on 11 December 2023

The Australian government released its much anticipated and comprehensive Migration Strategy on 11 December 2023, with a policy roadmap containing 8 key actions and over 25 new policy commitments and areas for future reform. What are the key actions? Going forward, the key actions have been identified as: Introduction of a new Skills in Demand visa (see here for a…
Mihan Hannan
11 December, 2023
Implementation date for changes to the employer sponsored migration program 186186Employer Sponsored

Implementation date for changes to the employer sponsored migration program

In May 2023 the Minister for Home Affairs (Hon Clare O’Neil) announced changes to the employer sponsored migration program (see here) which included, among other things, access to permanent residency for “short-term” Temporary Skill Shortage (Subclass 482) (TSS) visa holders via the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (Subclass 186) (ENS) visa. Implementation date for changes to…
Mihan Hannan
2 November, 2023
Designated Area Migration Agreements (DAMA) in a nutshell 186482494Designated Area Migration Agreement

Designated Area Migration Agreements (DAMA) in a nutshell

Designated Area Migration Agreements (DAMAs) are formal agreements between the Australian Government and certain regional State or Territory authorities. It is not a visa in itself, but opens up a pathway for employers in these designated regional areas to sponsor skilled and semi-skilled workers, for positions that they are unable to fill with local workers. With current and growing labour shortages…
Sonia Campanaro
20 September, 2023
Can you change employers while holding a Temporary Skill Shortage (Subclass 482) (TSS) visa? 482Compliance

Can you change employers while holding a Temporary Skill Shortage (Subclass 482) (TSS) visa?

There are many reasons why you may want to change your employers. Changing employers while holding an employer sponsored Temporary Skill Shortage (Subclass 482) (TSS) visa is possible, but you should be aware of the specific conditions and procedures that you must comply with. A summary of the process of changing employers while on a TSS visa is set out…
Lucinda Lim
14 August, 2023
The new Aged Care Industry Labour Agreement immigration parent visa186482Employer SponsoredLabour AgreementsLabour Market Testing

The new Aged Care Industry Labour Agreement

In May 2023, the Albanese Government announced the introduction of an Aged Care Industry Labour Agreement. Broadly speaking, Labour Agreements enable approved businesses to sponsor skilled overseas workers when there is a demonstrated need that cannot be met in the Australian labour market, and where standard temporary or permanent visa programs are not available. A useful blog post about Labour Agreements…
Mihan Hannan
19 June, 2023
May 2023 Migration Update: Increase to TSMIT and pathway to permanent residency for short-term TSS visa holders 482Employer SponsoredTSS

May 2023 Migration Update: Increase to TSMIT and pathway to permanent residency for short-term TSS visa holders

Following the Migration Review last month (see here) the Minister for Home Affairs (Hon Clare O’Neil) announced two changes that would take effect shortly, being the: increase of the Temporary Skilled Migration Income Threshold (TSMIT) from $53,900 to $70,000. The TSMIT is the minimum remuneration threshold employers must meet to sponsor workers; and access to permanent residency for “short-term” Temporary…
Jordan Tew
9 May, 2023
Major changes to Australia’s migration program child migration australia186482Employer SponsoredENS VisasTSS

Major changes to Australia’s migration program

Last week, the "Review of the Migration Systems Report" was released to the public. This report was commissioned by the Minister for Home Affairs in September 2022 to undertake a comprehensive review of Australia's migration systems, inviting submissions from the public and relevant stakeholders. The 195 page report addressed the shortcomings of the existing systems and processes, and proposed a…
Jordan Tew
2 May, 2023
February 2023 announcements at the Australian Financial Review Workforce Summit australian resident visa482Employer SponsoredTSS

February 2023 announcements at the Australian Financial Review Workforce Summit

On 21 February 2023, the Minister for Home Affairs (Hon Clare O’Neil) gave a speech at the Australian Financial Review Workforce Summit (see here). In this speech, the Minister talked about the ways in which Australia’s migration system is broken and what practically needs to be done to fix it. What were identified as issued? The Minister highlighted three main…
Jordan Tew
23 February, 2023
What are the visa options to hire foreign talent as an employer? business186400 Visa408482494Employer SponsoredENS VisasImmigrationTSS

What are the visa options to hire foreign talent as an employer?

The global talent crunch is real, with “fewer babies, lower high school and college enrollment, rapid wage inflation, near-record unemployment, a skills shortage, the Great Resignation and the remnants of Covid-19 … all conspiring to hinder future business growth.” Securing access to the foreign talent pool is more important than ever before in ensuring that businesses can continue to provide…
Lucinda Lim
7 February, 2023
The Permanent Residence (Skilled Regional) (Class PR) Subclass 191 visa 191

The Permanent Residence (Skilled Regional) (Class PR) Subclass 191 visa

From 16 November 2022, individuals have been able to apply for the Permanent Residence (Skilled Regional) Subclass 191 visa under the “Regional Provisional Visas” stream. This provides a pathway for certain individuals who held one of the two provisional regional visas and lived/worked/studied only in relevant “designated regional areas” of Australia to transition to permanent residency. Specifically, those who have…
Jordan Tew
25 November, 2022
Skilled Employer Sponsored Regional (SESR) (Subclass 494) visa document checklist 494

Skilled Employer Sponsored Regional (SESR) (Subclass 494) visa document checklist

  The SESR 494 visa is a temporary, employer sponsored visa for skilled foreign workers employed in positions located in “designated regional areas”. A temporary visa valid for 5 years, it also offers some pathways to permanent residency, making it an appealing option for workers wanting to stay in Australia on a more long-term basis. What are the stages of…
Jordan Tew
17 October, 2022
Visa application charge increases, concessions for Graduate visa applications and the introduction of Workforce Australia australian immigration practiceGraduateImmigrationLabour Market Testing

Visa application charge increases, concessions for Graduate visa applications and the introduction of Workforce Australia

As we approach the end of the financial year, a number of new legislative updates in Australian immigration law affect Graduate visas, visa application charges and the introduction of a new platform for Labour Market Testing (LMT). Visa application charges From 1 July 2022, visa application charges will increase across the board by 3 % (rounded to the nearest $5).…
Mihan Hannan
29 June, 2022
Age exemption for legacy 457 workers applying for ENS visas and the removal of onshore renewal restrictions for certain TSS visa holders in STSOL occupations 186186457 visa482Employer SponsoredTSS

Age exemption for legacy 457 workers applying for ENS visas and the removal of onshore renewal restrictions for certain TSS visa holders in STSOL occupations

Recent changes to Australia's employer sponsored program includes: an age exemption for "legacy 457 workers"; and removal of onshore renewal restriction for eligible Temporary Skill Shortage (Subclass 482) visa holders in occupations on the Short‑term Skilled Occupation List (STSOL). These are in addition to previous changes (see here) providing certain Temporary Work (Skilled) (Subclass 457) (Subclass 457) and Subclass 482…
Mihan Hannan
6 April, 2022
How do I apply for a fast tracked Global Talent visa? (updated: 20 May 2024) global talentDistinguished TalentGlobal Talent IndependentGlobal Talent SchemeInnovation

How do I apply for a fast tracked Global Talent visa? (updated: 20 May 2024)

On 4 November 2019, the Global Talent Independent (GTI) program was officially launched to provide a streamlined, priority pathway for highly skilled and talent individuals to obtain Australian permanent residency. This program is another layer of the “Global Talent” initiative that the Department of Home Affairs (Department) have rolled out to support innovation in Australia, which joins the renamed “Global…
Jordan Tew
30 March, 2022
New pathway to permanent residence for short-term stream TSS / 457 visa holders (Updated 21 March 2022) business457 visa482Employer SponsoredTSS

New pathway to permanent residence for short-term stream TSS / 457 visa holders (Updated 21 March 2022)

On 17 March 2022, the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Alex Hawke) introduced a highly anticipated legislative instrument (LIN22/038) enabling short-term stream Temporary Skill Shortage (TSS) Subclass 482 visa holders who remained in Australia during the pandemic with a pathway to permanent residency. This pathway will be available via the Temporary Residence Transition (TRT) stream of…
Jordan Tew
21 March, 2022
What are the 10 target sectors for the Global Talent Independent (GTI) program? global talentDistinguished TalentGlobal Talent IndependentGlobal Talent SchemeInnovation

What are the 10 target sectors for the Global Talent Independent (GTI) program?

The Global Talent Independent (GTI) program is designed to attract highly skilled and talent individuals in 10 target sectors, offering them a streamlined pathway to Australian permanent residency. You can read more about this program here. What are the 10 target sectors? The 10 target sectors are Resources; Agri-food and AgTech Energy Health Industries Defence, Advanced Manufacturing and Space Circular…
Jordan Tew
18 October, 2021
How does a company acquisition / restructure affect my eligibility for employer sponsored permanent residency? 482Employer Sponsored

How does a company acquisition / restructure affect my eligibility for employer sponsored permanent residency?

The primary visa for employer sponsored permanent residency is the Employer Nomination Scheme (Subclass 186) (ENS) visa. You can read more about the ENS visas here. There are two main streams for eligibility under the ENS 186 visa, namely: Temporary Resident Transition (TRT) stream; and Direct Entry (DE) stream. The TRT stream specifically requires the applicant to have worked in…
Jordan Tew
15 October, 2021
Employer Nomination Scheme (ENS) (Subclass 186) visa checklist child migration australia186186Employer SponsoredENS Visas

Employer Nomination Scheme (ENS) (Subclass 186) visa checklist

The Employer Nomination Scheme (ENS) (Subclass 186) visa is an employer sponsored visa for skilled foreign workers employed in specified occupations. The  visa enables suitable employees to live and work in Australia permanently where a suitable Australian worker cannot be sourced. Eligibility for the 186 visa is dependent on several factors, including the occupation, age, and salary of the candidate.…
Emily Young
7 October, 2021
What is the difference between the TSS visa and the ENS visa? 186186482Employer SponsoredENS VisasTSS

What is the difference between the TSS visa and the ENS visa?

The TSS and ENS visa are both employer sponsored visa programs which allow employers to bring skilled workers into Australia for selected occupations. Both visas are very similar in the sense that they allow the visa holder to reside in Australia, work full-time and have their family accompany them. However, there are some clear distinctions between the two, with the…
David Huynh
2 September, 2021
What is the process for “renewing” your TSS visa? 186482TSS

What is the process for “renewing” your TSS visa?

So you’ve been enjoying the Australian sunshine, working whilst holding a Temporary Skill Shortage (TSS) visa, and your employer raises the question of  of renewing your TSS visa in Australia. Although TSS visas have set expiry dates and cannot be extended or renewed in the conventional sense, a further TSS visa application may be possible to extend your stay. If…
David Huynh
18 August, 2021
What is a Labour Agreement and why is it relevant to employer sponsored visas? 186482Labour AgreementsTSS

What is a Labour Agreement and why is it relevant to employer sponsored visas?

A labour agreement is a negotiated agreement between a company and the Department of Home Affairs (Department) to be able to sponsor foreign nationals for a visa. Typically, it is utilised where “standard” visa programs are not of assistance, hence why a special arrangement must be entered into. There are also several different types of labour agreements, each serving a…
Jordan Tew
18 August, 2021
What are the common reasons for a TSS visa refusal? 482TSS

What are the common reasons for a TSS visa refusal?

Applicants frequently seek our assistance after having their visa applications refused. Having a visa refusal, especially when lodged in Australia, can have significant impacts for future applications (such as being barred from future applications). When factoring in the financial and time investment in preparing a visa application, it is therefore critical to get the application right the first time. Common…
David Huynh
6 August, 2021
What is the impact of Direction No. 89 and the target sectors? global talent858Distinguished TalentGlobal Talent IndependentGlobal Talent SchemeInnovation

What is the impact of Direction No. 89 and the target sectors?

On 4 November 2019, the Global Talent Independent (GTI) program was officially launched to provide a streamlined, priority pathway for highly skilled and talent individuals to obtain Australian permanent residency. You can read more about this visa here. It was initially launched with 7 target sectors (largely related to technology) listed in Direction No. 85. However, on 17 December 2020,…
Jordan Tew
29 July, 2021
Temporary Skills Shortage (TSS) (Subclass 482) visa checklist child migration australia482Employer SponsoredTSS

Temporary Skills Shortage (TSS) (Subclass 482) visa checklist

The 482 visa is a temporary, employer sponsored visa for skilled foreign workers employed in specified occupations and allows employers to sponsor workers with suitable skills and qualifications where a suitable Australian worker cannot be sourced. It also offers some pathways to permanent residency, making it an appealing option for workers wanting to stay in Australia on a more long-term…
Emily Young
8 June, 2021
TSS visa to PR: What is the process to permanent residency from a Subclass 482 visa? 482TSS

TSS visa to PR: What is the process to permanent residency from a Subclass 482 visa?

  Australia often ranks among the most livable countries in the world, making it an attractive destination for migrants. For skilled migrants, the Temporary Skill Shortage (Subclass 482) (TSS) visa grants businesses the right to employ and sponsor foreign workers on the skilled occupation list on a temporary basis. The duration of these visas can be up to 4 years,…
Mihan Hannan
1 June, 2021
Temporary immigration measures to increase support to Australia’s tourism and hospitality sector australian immigration practice408CovidStudentTSS

Temporary immigration measures to increase support to Australia’s tourism and hospitality sector

On 8 May 2021, Minister for Immigration Alex Hawke announced temporary measures to increase support to Australia’s tourism and hospitality sector. This includes increased access to the 408 visa (COVID-19 Pandemic event stream) and the removal of existing fortnightly work limits placed on student visa holders. These temporary changes are part of the government’s response to support Australia’s economic recovery…
Emily Young
11 May, 2021
ENS visa processing times and in demand occupations australian immigration practiceEmployer SponsoredENS Visas

ENS visa processing times and in demand occupations

A shortage of skilled workers is an ongoing challenge in Australia and globally. Businesses in Australia are able to consider the Employer Nomination Scheme (Subclass 186) (ENS) visa to hire foreign workers as a solution to local labour market shortages. Whilst businesses are entitled to hire foreign workers on both temporary and permanent visas, the process can be time-consuming. ENS…
Mihan Hannan
19 April, 2021
A brief guide to the Employer Nomination Scheme (Subclass 186) (ENS) visa australian immigration practiceEmployer SponsoredENS Visas

A brief guide to the Employer Nomination Scheme (Subclass 186) (ENS) visa

The Employer Nomination Scheme (Subclass 186) (ENS) visa allows businesses to sponsor foreign workers on permanent visas. Nominated workers can already be living and working in Australia as temporary residents or living and working outside Australia. Very broadly speaking, a successful ENS application requires a nomination and a visa application. For further information about this program, please refer to our…
Mihan Hannan
19 April, 2021
The Joint Standing Committee on Migration releases its interim report on Australia’s Skilled Migration Program 482CovidEmployer SponsoredENS VisasImmigrationLabour Market TestingTSS

The Joint Standing Committee on Migration releases its interim report on Australia’s Skilled Migration Program

On 18 March 2021, the Joint Standing Committee on Migration (the Committee) presented an interim report for its inquiry into Australia’s skilled migration program. It makes 12 welcome recommendations focused on Australia’s recovery from the economic effects of the COVID-19 pandemic. It also makes submissions in relation to Australia’s international competitiveness in attracting entrepreneurs, venture capital, start-ups, and the best…
Mihan Hannan
20 March, 2021
What are the English requirements for an ENS (Subclass 186) visa? 186EnglishENS Visas

What are the English requirements for an ENS (Subclass 186) visa?

The Employer Nomination Scheme (ENS) program consists of employer sponsored visas for skilled foreign workers in high demand occupations. The Subclass 186 visa is a permanent resident visa and eligibility depends on a number of factors including the occupation, age, or salary of the candidate. For further information about the ENS program generally, you can refer to our dedicated page…
Mihan Hannan
15 December, 2020
COVID-19 Update: New concession arrangements for TSS / 457 visa holders applying for employer sponsored permanent residence business482Employer SponsoredENS VisasTSS

COVID-19 Update: New concession arrangements for TSS / 457 visa holders applying for employer sponsored permanent residence

The COVID-19 pandemic has severely disrupted Australia’s labour market. Many workers who are employed by businesses operating within Australia have been stood down, have had their hours reduced or have been required to take unpaid leave. This includes Subclass 482 (TSS) and Subclass 457 (457) visa holders. You can read more about the obligations for employers and visa holders in…
Mihan Hannan
24 November, 2020
Temporary Skill Shortage (Subclass 482) (TSS) visas for the Tech industry ENS visa processing times482TSS

Temporary Skill Shortage (Subclass 482) (TSS) visas for the Tech industry

Australia’s tech industry has spawned its fair share of tech unicorns and global success stories. In order to continue Australia’s enviable economic growth, it’s imperative that our immigration policy is flexible enough to seize the significant economic and social opportunities that digital technologies bring. We believe that the adoption of new technologies is bringing well-paying jobs for people of all…
Mihan Hannan
6 October, 2020
New Priority Migration Occupation List & Labour Market Testing (LMT) Requirements (updated: 10 September 2020) business482CovidEmployer SponsoredLabour Market TestingTravel restrictionsTSS

New Priority Migration Occupation List & Labour Market Testing (LMT) Requirements (updated: 10 September 2020)

A new Priority Migration Skilled Occupation List (PMSOL) has been released today which will provide for priority processing of Temporary Skill Shortage (TSS) visa applications for certain critical workers in the health care, construction and IT sectors. A new legislative instrument has also been issued which adds the requirement to advertise on the Government’s Jobactive website in addition to existing…
Jordan Tew
10 September, 2020
Accredited Sponsorship and the benefits for employers (updated 21 August 2020) child migration australia457 visaENS VisasSponsorshipTSS

Accredited Sponsorship and the benefits for employers (updated 21 August 2020)

Accredited Sponsorship status is granted to those employers who meet specific criteria set out by the Department of Home Affairs (Department). Accredited Sponsors receive preferential treatment from the Department for a range of employer sponsored visas, including particularly the Temporary Skill Shortage (TSS) Subclass 482 visa. This results in faster turn-around times and less scrutinised applications. What does sponsorship accreditation grant…
Jordan Tew
21 August, 2020
How to address the genuineness criteria in a TSS nomination application 482Genuine PositionGlobal Talent SchemeTSS

How to address the genuineness criteria in a TSS nomination application

A position associated with a nominated occupation in a TSS application must be genuine. This is considered an important regulatory criterion in ensuring that TSS visas are used to address temporary skill shortages for specific nominated occupations in circumstances where an Australian worker cannot be sourced. The purpose is to ensure that business do not create a position (for example,…
Mihan Hannan
2 June, 2020
457 / TSS visa sponsors in the time of COVID-19: An employer’s (rough) primer (updated: 13 May 2020) 457 visa482CovidEmployer SponsoredSponsorshipTSS

457 / TSS visa sponsors in the time of COVID-19: An employer’s (rough) primer (updated: 13 May 2020)

In response to the COVID-19 outbreak, governments all around the world have clamped down the borders in order to stem the transmission of the virus. Australia is no exemption. Having a well-developed immigration program means that failure to comply with obligations (for both visa holder and visa sponsors) can have significant ramifications. Despite a shifting immigration landscape, this article attempts…
Mihan Hannan
13 May, 2020
COVID-19: Visa options for temporary visa holders in Australia with upcoming expiry dates 400 Visa408457 visa482CovidTSSVisitorWorking Holiday

COVID-19: Visa options for temporary visa holders in Australia with upcoming expiry dates

On 4 April 2020 the Australian government announced a number of updates for temporary visa holders. You can read a summary of these updates here. Among other things, the government advised that: “Temporary visa holders who are unable to support themselves over the next six months are strongly encouraged to return home. For these individuals it's time to go home,…
Mihan Hannan
22 April, 2020
Red Cross assistance for temporary visa holders in Australia Protection VisasStudentTSS

Red Cross assistance for temporary visa holders in Australia

On 11 April 20120 the Red Cross confirmed that they are receiving funding from the Australian Government for the next six months to deliver emergency relief and casework support. You can read the latest information about this from the Red Cross here. These funds are for people on temporary visas who have no way to support themselves and who have…
Mihan Hannan
14 April, 2020
Coronavirus and Temporary Visa holders (a 4 April 2020 update) 457 visa482CovidEmployer SponsoredStudentTSSWorking Holiday

Coronavirus and Temporary Visa holders (a 4 April 2020 update)

Whilst citizens, permanent residents and many New Zealanders have access to unconditional work rights and government payments (including the new JobKeeper and JobSeeker payments), temporary visa holders do not. This has placed both these visa holders and their employers in a difficult situation. On 4 April 2020 The Hon Alan Tudge MP, Acting Minister for Immigration, Citizenship, Migrant Services and…
Mihan Hannan
6 April, 2020
457 / TSS visa holders in the time of COVID: A visa holder’s (rough) primer 457 visa482CovidEmployer SponsoredTSS

457 / TSS visa holders in the time of COVID: A visa holder’s (rough) primer

In response to the COVID outbreak, governments all around the world have clamped down on borders in order to stem the transmission of the virus. Australia is no exemption. Having a well-developed immigration program means that failure to comply with obligations (for both visa holder and visa sponsors) can have significant ramifications. Despite a shifting immigration landscape, this article attempts…
Mihan Hannan
30 March, 2020
The new Australian regional visas: Subclass 491 and Subclass 494 491494General Skilled Migration

The new Australian regional visas: Subclass 491 and Subclass 494

From 16 November 2019 Australia opened two new regional visa categories to replacing existing visa programs. There is also an expanded definition of “regional areas” to include areas formerly excluded such as Perth and the Gold Coast. You can read more general information about these updates here. This article provides a useful summary of the eligibility requirements for the visas.…
Mihan Hannan
28 November, 2019
The point of the points test: Australia’s skilled migration program 189190191491General Skilled Migration

The point of the points test: Australia’s skilled migration program

The General Points Test set out a myriad of attributes which are assessed by the Department of Home Affairs when considering visa applications for general skilled migration visas (which include Skilled Independent - Subclass 189, Skilled Regional Provisional - 489, Skilled Nominated - Subclass 190 and Permanent Residence Skilled Regional - Subclass 191 visas). The minimum pass marks to enter…
Mihan Hannan
24 November, 2019
The classification challenge in immigration: what is a Data Scientist as defined in ANZSCO? ENS visa processing timesEmployer SponsoredENS VisasGeneral Skilled MigrationTSS

The classification challenge in immigration: what is a Data Scientist as defined in ANZSCO?

In many industries, some of the most in-demand occupations or specialities did not exist 10 or even 5 years ago, and the pace of change is set to accelerate. In recognising that Data Scientists are a “new and emerging” occupation not currently covered by the Australian and New Zealand Standard Classification of Occupations (ANZSCO), the Australian Bureau of Statistics (ABS)…
Jordan Tew
1 November, 2019
With Australia updating its regional migration program (including expanding “Regional Australia” to Perth and the Gold Coast), here’s what to expect from 16 November 2019 Employer SponsoredGeneral Skilled MigrationQueenslandRegionalWestern Australia

With Australia updating its regional migration program (including expanding “Regional Australia” to Perth and the Gold Coast), here’s what to expect from 16 November 2019

In a joint media release on 26 October 2019, the Federal Government announced significant changes to its regional immigration program to take effect from 16 November 2019. Specifically, the government announced: increases to its regional migration program intake from 23,000 to 25,000; and an expansion of the migration definition of regional Australia to include Perth and the Gold Coast (formerly…
Mihan Hannan
31 October, 2019
Policy updates regarding employment contract requirements for TSS visas businessEmployer SponsoredEmployment ContractsTSS

Policy updates regarding employment contract requirements for TSS visas

Note: This blog post is retained for historical purposes. The Department has since clarified that they have removed the policy requirement for employment contracts to have an end date for TSS visa applications. Immigration policy changes frequently - always speak to an immigration lawyer for up to date advice.  Recent policy updates in relation to the Temporary Skill Shortage (Subclass…
Mihan Hannan
23 October, 2019
Setting up a business in Australia? What visas do you need for your foreign employees? 400 Visa457 visaBusiness VisitorTSSVisitor

Setting up a business in Australia? What visas do you need for your foreign employees?

Foreign companies looking to establish a business in Australia often require non-Australian employees to travel to Australia to help set up their business and bring specific, proprietary knowledge of the business to Australia. Depending on the purpose with which the employee is coming to Australia and the duration of stay, there are likely to be three main visa options that…
Mihan Hannan
15 September, 2019
Global Talent Scheme: Moving forward australian immigrationGlobal Talent SchemeInnovationStart Up

Global Talent Scheme: Moving forward

On 1 July 2018, the ‘Global Talent Scheme’ (GTS) pilot was rolled out for an initial 12 months designed to allow employers to sponsor overseas workers for highly skilled positions. This comprised of two streams: Established businesses stream; and Start-up stream. The government have since confirmed that the pilot will continue to be open to applications after 1 July 2019…
Jordan Tew
31 July, 2019
Immigration policies encouraging the Technology and Innovation sector towards South Australia 457 visaImmigrationInnovationLabour AgreementsStart UpTSS

Immigration policies encouraging the Technology and Innovation sector towards South Australia

On 13 May 2019, Immigration South Australia (SA) released further information relating to two Designated Area Migration Agreements (DAMA) for the State, one of which targets “innovation and technology”. Over the past year, the Australian Government have been implementing Immigration policies in a bid to increase a greater push in innovation and tech towards South Australia. This is primarily captured…
Jordan Tew
16 May, 2019
The Hitchhikers immigration guide to remote working in Australia (updated 10 May 2023) TSSVisitorWorking Holiday

The Hitchhikers immigration guide to remote working in Australia (updated 10 May 2023)

In the words of the sagely Seekers, “the world is a a’Turnin’”. Long distance communication is simpler, cheaper and more accessible than ever before. The home telephone is a’Dyin’ and video conferencing is so vanilla. Truly, Sci-Fi channel style communication through Virtual Reality (VR) is just over the horizon. According to Jeremy Bailenson, founding director of Stanford's Virtual Human Interaction Lab,…
Mihan Hannan
10 April, 2019
11 March 2019 updates relating to the Temporary Skill Shortage (TSS) (Subclass 482) visa businessLabour AgreementsOccupation ListsSponsorshipTSS

11 March 2019 updates relating to the Temporary Skill Shortage (TSS) (Subclass 482) visa

On 11 March 2019, the Department of Home Affairs (Department) announced various updates including: changes to the relevant occupation lists; the introduction of a “Health Workforce Certificate” for certain medical practitioners; a new category for businesses to become “Accredited” Business Sponsors; and Labour Agreement updates for: Aged care providers; and Minister of Religion labour agreements. Below is our summary of…
Mihan Hannan
13 March, 2019
Navigating the health requirements for your Australian visa application ENS VisasHealthImmigrationTSS

Navigating the health requirements for your Australian visa application

Applicants and members of the family unit who apply for a visa may need to undertake health examinations to prove that they meet the health requirement. In some cases, non-applying family members may also need to undertake health examinations. Who needs to undertake the health examinations? Usually, it is the visa applicant and members of their family unit who are…
Mihan Hannan
7 March, 2019
What are the English language requirements for TSS (Subclass 482) visas? 457 visaEnglishTSS

What are the English language requirements for TSS (Subclass 482) visas?

Various Australian visas have English language requirements. Not surprisingly, visa applications under the skilled migration program, including the Temporary Skills Shortage (TSS) (Subclass 482) visa are affected by these requirements. What are the English requirements for primary applicants? Unless exempt from English testing requirements, a primary applicant must provide evidence of their English language proficiency at a prescribed level with…
Mihan Hannan
28 February, 2019
OPINION: Why start-ups appear unlikely to use the GTS – we ponder on the GTS pilot three quarters of the way in 457 visaENS VisasGlobal Talent SchemeInnovationOccupation ListsStart UpTSS

OPINION: Why start-ups appear unlikely to use the GTS – we ponder on the GTS pilot three quarters of the way in

On 1 July 2018, the ‘Global Talent Scheme’ (GTS) pilot was rolled out for an expected 12 months, comprising of two streams: Established businesses stream for businesses that are either publicly listed or with an annual turnover of at least $4 million in each of the past 2 years; and Start-up stream for certain start-ups operating in a technology or…
Jordan Tew
22 February, 2019
Do you really need a work visa to Australia? Or are you just undertaking “Business Visitor Activities”? businessBusiness VisitorTSSVisitor

Do you really need a work visa to Australia? Or are you just undertaking “Business Visitor Activities”?

With the complexity of obtaining work authorisation in Australia, many businesses often look to a variety of temporary visas which permit “business visitor activities” (but not work authorisation) to send foreign employees into Australia. These visas are generally simple to prepare and fast to process, and includes the: Electronic Travel Authority (subclass 601) (ETA); eVisitor (subclass 651) (eVisitor) visa; or…
Mihan Hannan
15 February, 2019
ENS Eligibility Summary and the Transitional Arrangements businessENS VisasOccupation Lists

ENS Eligibility Summary and the Transitional Arrangements

Broadly speaking, the Employer Nomination Scheme (ENS) allows skilled workers in Australia to apply for permanent residence under one of three streams. These are the: Temporary Residence Transition (TRT) stream; Direct Entry (DE) stream; or Labour Agreement stream. Below is a summary of the TRT and DE stream requirements and the impact of the transitional arrangements. The Labour Agreement requires…
Mihan Hannan
11 December, 2018
Skilling Australians Fund (SAF) levy and it’s impact on employer sponsored visas business457 visaENS VisasImmigration UpdatesSponsorshipTSS

Skilling Australians Fund (SAF) levy and it’s impact on employer sponsored visas

On 22 May 2018, the Migration Amendment (Skilling Australians Fund) Bill 2018, and the Migration (Skilling Australians Fund) Charges Bill 2017 received royal assent. On 6 August 2018 legislation was released confirming that the Skilling Australians Fund (SAF) levy will be effective from 12 August 2018. SAF levy Employer sponsored nomination applications lodged on or after 12 August 2018 must…
Mihan Hannan
8 August, 2018
Welcoming the “Global Talent Scheme” and our analysis at first glance australian immigrationENS VisasGlobal Talent SchemeImmigration UpdatesInnovation

Welcoming the “Global Talent Scheme” and our analysis at first glance

In March 2018, the government announced that they would pilot the ‘Global Talent Scheme’ (GTS) which would comprise of two streams under the Temporary Skills Shortage (Subclass 482) (TSS) visa. Hannan Tew gave our analysis on this initial announcement here. On 1 July 2018 the GTS pilot was rolled out and further clarification has been provided (noting though that it…
Jordan Tew
9 July, 2018
Explainer: The TSS Visa for Australia (former 457 Visa) produced for YBF Ventures business457 visaSponsorshipTSS

Explainer: The TSS Visa for Australia (former 457 Visa) produced for YBF Ventures

One of our firms partners Jordan Tew, providing a brief explainer to York Butter Factory (YBF) about the new Temporary Skills Shortage (TSS) visa. Listen to what he has to say for a brief overview of the program, and feel free to get in touch with us directly at [email protected] for further information. Thanks to Joe Harrington and YBF for…
Jordan Tew
28 June, 2018
Traffic Light Bulletin: 2018 Mid-Year Update to Occupation Lists australian resident visa457 visaENS VisasOccupation ListsTSS

Traffic Light Bulletin: 2018 Mid-Year Update to Occupation Lists

The Department of Jobs and Small Business is responsible for reviewing the composition of the Short-term Skilled Occupation List (STSOL), the Medium and Long-term Strategic Skills List (MLTSSL) and the Regional Occupation List (ROL) to identify occupations that would benefit from skilled migration for the purpose of meeting the skill needs of the Australian economy. Theses lists then impact the…
Mihan Hannan
22 June, 2018
Immigration Update: Skilling Australians Fund and Labour Market Testing australian resident visa457 visaENS VisasImmigration UpdatesTSS

Immigration Update: Skilling Australians Fund and Labour Market Testing

On 9 May 2018 Bill’s establishing the Skilling Australians Fund (SAF) and tightening existing labour market test (LMT) criteria were passed in Parliament. Although a commencement date for the new legislation has not yet been determined, the changes are expected to come into effect in June 2018. Skilling Australian Fund Levy Legislation The Bill to establish the SAF Levy passed…
Mihan Hannan
15 May, 2018
Comparison of the Temporary Skill Shortage (TSS) (Subclass 482) visa to the prior 457 visa child migration australia457 visaImmigration UpdatesTSS

Comparison of the Temporary Skill Shortage (TSS) (Subclass 482) visa to the prior 457 visa

On 18 March 2018, the Temporary Skill Shortage (TSS) (Class GK) (Subclass 482) visa came into effect, while applications for the Subclass 457 visa were closed. This represented the culmination of near a year of gradual changes since the Australian Department of Home Affairs (the Department) announced the reforms to the Subclass 457 visa program in April 2017. Below is…
admin
23 March, 2018
Comparison of the significant changes to the Employer Nomination Scheme (ENS) child migration australiaENS VisasImmigration UpdatesOccupation Lists

Comparison of the significant changes to the Employer Nomination Scheme (ENS)

After much deliberation, the Australian Department of Home Affairs (the Department) has introduced a host of legislative instruments which establish in law the changes to the Employer Nomination Scheme (ENS) program. These changes have been discussed by the Department for almost 12 months (see our summary here) and largely reflect the initial proposals. A breakdown of the implementation of these…
Mihan Hannan
20 March, 2018
Our take on the new visa scheme to attract skilled global talent (Global Talent Scheme) business457 visaENS VisasGlobal Talent SchemeImmigration UpdatesTSS

Our take on the new visa scheme to attract skilled global talent (Global Talent Scheme)

The 457 visa was replaced over the weekend by the new Temporary Skill Shortage (TSS) visa - the culmination of nearly a year of gradual changes being implemented and uncertainty for many businesses and individuals. Since the government’s announcement of the reforms to the 457 visa programme, the changes have largely been criticised by many prominent figures in the tech…
Jordan Tew
20 March, 2018
Why Mike Cannon-Brookes’ “radical” idea may not be so radical after all australian partner visas457 visaGeneral Skilled MigrationImmigration

Why Mike Cannon-Brookes’ “radical” idea may not be so radical after all

In a recent interview with StartupSmart, Queensland’s chief entrepreneur Steve Baxer (also of Shark Tank fame) recently revealed a conversation held with Atlassian co-founder Mike Cannon-Brookes where they discussed solutions to attract more skilled tech workers  locally. The idea proposed by Cannon-Brookes involved picking “the top 50 universities in the world, and tell their graduates if they have good enough…
admin
23 January, 2018
The “Traffic Light Bulletin”: What happens when your occupation is removed from a skilled occupation list? australian resident visa457 visaENS VisasImmigration Updates

The “Traffic Light Bulletin”: What happens when your occupation is removed from a skilled occupation list?

From 19 April 2017 the occupation lists that underpin the employer sponsored program (including Subclass 457 and Subclass 186 visas) as well as those underpinning the skilled migration program (including Subclass 189 and Subclass 190 visas) were significantly condensed from 651 to 435 occupations, with 216 occupations removed and access to 59 other occupations restricted. The Department of Immigration and…
admin
28 November, 2017
Partnership with York Butter Factory ENS VisasInnovation

Partnership with York Butter Factory

Hannan Tew are strong advocates of the innovation and entrepreneurship space, and we firmly believe in the value of working together and helping bold new ideas to grow. All these ideals are personified by York Butter Factory (YBF), a leading start-up incubator in Australia and an important contributor to the start-up ecosystem in Melbourne. In addition to their vibrant co-working…
admin
17 November, 2017
ENS and RSMS: What has changed from 1 July 2017? child migration australiaENS VisasImmigration Updates

ENS and RSMS: What has changed from 1 July 2017?

With the Department's flurry of activity in the days before 1 July 2017, see how the changes regarding occupation lists, age and English, impact your eligibility for permanent residence through Employer Nomination Scheme (ENS) and Regional Skilled Migration Scheme (RSMS) visas. Occupation Lists Eligible occupations for the Direct Entry (DE) stream of the ENS will be those listed in the Short-term…
admin
1 July, 2017