Immigration

What sanctions can apply to Standard Business Sponsors and Temporary Acitivites Sponsors? ComplianceImmigration

What sanctions can apply to Standard Business Sponsors and Temporary Acitivites Sponsors?

If your business holds, or has held within the last 5 years, a valid Standard Business Sponsorship or Temporary Activities Sponsorship, you must comply with all the sponsorship obligations (see here) and all relevant Australian immigration and workplace laws. A failure to do so can result in serious consequences for both your business and the people you sponsor. How compliance…

Alyse Lee23 April, 2025

Best Lawyers 2026 (in Immigration Law) Immigration

Best Lawyers 2026 (in Immigration Law)

We are very pleased to announce that Hannan Tew's Partners, Jordan Tew and Mihan Hannan, have been recognised in “The Best Lawyers in Australia™ 2026” list for their expertise in Immigration Law. Both Jordan and Mihan have been formally recognised on the list since the 2025 edition of the publication. Hannan Tew Lawyers is a full service Australian immigration law firm assisting individuals, asylum seekers, as well…

admin17 April, 2025

Polygamy, Polyamory, and Partner visas FamilyImmigrationPartner Visa

Polygamy, Polyamory, and Partner visas

Australian partner visas require the visa applicant and sponsor to have a mutual commitment to a shared life to the exclusion of all others. This requirement of an “exclusive” relationship impacts partner visa eligibility for couples who are in a polygamous or polyamorous relationship. Polygamy or Polyamory? Polygamy refers to couples who have more than one spouse concurrently, that is,…

Annie Anderson28 March, 2025

Expedited review of character refusals and cancellations: What to expect at the General Division of the Administrative Review Tribunal Immigration

Expedited review of character refusals and cancellations: What to expect at the General Division of the Administrative Review Tribunal

Australia’s Administrative Review Tribunal (Tribunal) replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024. The Tribunal undertakes independent merits review of decisions made by Federal Government departments, agencies and ministers. This includes various areas of commonwealth legislation such as social security, child support, workers compensation and the National Disability Insurance Scheme (NDIS), but notably a substantial number of immigration…

Sonia Campanaro28 March, 2025

Condition 8547 and seeking permission to work with an employer for more than 6 months (Updated on: 24 March 2025) Immigration

Condition 8547 and seeking permission to work with an employer for more than 6 months (Updated on: 24 March 2025)

Australia’s Working Holiday Maker (WHM) program consists of the Working Holiday (subclass 417) and the Work and Holiday (subclass 462) visas. These visas permit young people with certain passports to work and holiday in Australia. Given the dual purpose, the permitted work is generally limited by condition 8547. That is, “the holder must not be employed by any 1 employer…

Alyse Lee24 March, 2025

Understanding Compelling Reasons for Partner Visa Schedule 3 Waivers FamilyImmigrationPartner VisaSchedule 3

Understanding Compelling Reasons for Partner Visa Schedule 3 Waivers

Broadly speaking, applicants for an onshore Partner (Subclass 820/801) visa are required to hold a substantive visa at time of lodgement. Where a Partner visa applicant does not hold a substantive visa at the time of application, they are required to satisfy “Schedule 3” criteria unless the Minister is satisfied that there are “compelling reasons” for not applying those criteria…

Jordan Tew19 March, 2025

Applying for a Partner visa while holding a Subclass 482 visa 482ImmigrationPartner VisaSkills in DemandTSS

Applying for a Partner visa while holding a Subclass 482 visa

The Skills in Demand (SID) Subclass 482 visa, formerly Temporary Skill Shortage (TSS) visa, is valid for up to 4 years and permits the holder to work in Australia only for their sponsoring employer. A Partner visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen, to be sponsored for Australian…

Jordan Tew19 March, 2025

Which entity should a SID 482 visa holder work for? 482ComplianceEmployer SponsoredSkills in DemandSponsorship

Which entity should a SID 482 visa holder work for?

Skills in Demand (SID) Subclass 482 visa holders are subject to condition 8607, which amongst other things requires them to work only for their sponsoring employer or an "associated entity" of the sponsor. The only exemption to this is if the SID 482 visa has nominated one of several exempt occupations. Employers who have applied for a "standard business sponsorship" to…

Jordan Tew3 March, 2025

Step-by-Step Guide to Biometrics for Your Australian Visa Immigration

Step-by-Step Guide to Biometrics for Your Australian Visa

Biometric data collection is an important part of the Australian visa application process for certain visa types and applicants from / in specific countries. This blog post provides an overview of what biometrics are, how they are collected, and why they are required for visa processing. What Are Biometrics? Biometrics are unique physical characteristics used to verify a person’s identity.…

Alyse Lee21 February, 2025

What are the English Language requirements for an Australian visa (in plain English)? (Updated on: 21 February 2025) 189190EnglishGuidelinesImmigration

What are the English Language requirements for an Australian visa (in plain English)? (Updated on: 21 February 2025)

Depending on the visa you apply for in Australia, as a visa applicant you may need to provide the Department with evidence of your English language ability. Which visa are you applying for and what are the English requirements? The below table sets out the general English requirements for some common visa applications (noting that certain applicants may be exempt…

Mihan Hannan21 February, 2025

Expansion of Family Violence Provisions for Visa Applicants: Key Changes (Updated on: 31 January 2025) Immigration

Expansion of Family Violence Provisions for Visa Applicants: Key Changes (Updated on: 31 January 2025)

In October and December 2024, changes were made to the Migration Regulations broadening access to “family violence” provisions for secondary applicants of several of the permanent Skilled visas. These changes are part of the Australian Government's efforts to support those impacted by family violence by ensuring they are not disadvantaged in their visa status when leaving abusive relationships. What are…

Emily Young31 January, 2025

What are the visa options to hire foreign talent as an employer? (Updated on: 29 January 2025) 186400 Visa408482494Employer SponsoredENS VisasImmigrationSkills in Demand

What are the visa options to hire foreign talent as an employer? (Updated on: 29 January 2025)

As a business, there are several visa options which can facilitate access to foreign workers, the most appropriate of which will depend on the individual’s skill level, the duration of stay, duties required, and of course, cost. So what are the options? This primer sets out a number of employer supported visa options, including the: Skills in Demand (subclass 482)…

Lucinda Lim29 January, 2025

Can you change employers while holding a Skills in Demand (Subclass 482) (SID) visa? (Updated on: 29 January 2025) 482ComplianceSkills in Demand

Can you change employers while holding a Skills in Demand (Subclass 482) (SID) visa? (Updated on: 29 January 2025)

There are many reasons why you may want to change your employers. Changing employers while holding an employer sponsored Temporary Skill Shortage (TSS) or Skills in Demand (SID) Subclass 482 visa is possible, but there are specific conditions and procedures that must be complied with. A summary of the process to change employers while on a 482 visa is set…

Jordan Tew29 January, 2025

Received a visa refusal? Here’s 6 tips on how to make the most of your appeal (Updated on: 29 January 2025) Administrative Review TribunalImmigration

Received a visa refusal? Here’s 6 tips on how to make the most of your appeal (Updated on: 29 January 2025)

Having an unexpected visa refusal is always upsetting and stressful. Fortunately, for some visa refusals, there is an appeal mechanism for a “merits review” of the visa refusal. This means that an independent entity will review your application from fresh, while still having access to all the documents/information you previously submitted. Generally, visa refusals are appealed to the Migration and…

Jordan Tew29 January, 2025

Who is responsible for paying for the costs associated with employer sponsored visa applications? (Updated on: 11 December 2024) ComplianceSponsorship obligations

Who is responsible for paying for the costs associated with employer sponsored visa applications? (Updated on: 11 December 2024)

Businesses may be able to sponsor foreign workers to Australia through the employer sponsored visa program (which includes the Skills in Demand (Subclass 482) (SID) visa and the Employer Nomination Scheme (Subclass 186) (ENS) visa). This article explains whether fees in relation to these applications can be passed onto applicants, including examples provided by the Department of Home Affairs (Department). What is…

Lucinda Lim11 December, 2024

What are the English language requirements for the SID (formerly TSS) (Subclass 482) visa? (Updated on: 11 December 2024) 482Employer SponsoredEnglishSkills in Demand

What are the English language requirements for the SID (formerly TSS) (Subclass 482) visa? (Updated on: 11 December 2024)

Various Australian visas have English language requirements. Not surprisingly, visa applications under the skilled migration program, including the Skills in Demand (SID) (Subclass 482) visa (formerly the Temporary Skill 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…

Mihan Hannan11 December, 2024

New Core Skills Occupation List 482Employer SponsoredOccupation ListsSkills in DemandTSS

New Core Skills Occupation List

On 3 December 2024, the Australian Government announced the release of the Core Skills Occupation List (CSOL), which is to apply to the upcoming Skills in Demand (SID) visa. See announcement here. The SID visa has been expected to replace the Temporary Skill Shortage (TSS) Subclass 482 visa in “late 2024”, and it now appears that this will occur on…

Jordan Tew3 December, 2024

What is the New ‘MATES’ Visa for Indian Citizens? ImmigrationIndia

What is the New ‘MATES’ Visa for Indian Citizens?

Australia has introduced a new stream under the Temporary Work (International Relations) (Subclass 403) visa. This ‘Mobility Arrangements for Talented Early-professionals Scheme’, (MATES) is specifically designed to attract young professionals from India, and forms part of the  Australia-India Economic Cooperation and Trade Agreement (ECTA). It aims to provide suitable candidates with an opportunity to live and work in Australia for…

Emily Young13 November, 2024

Ministerial Intervention: A Last Resort for Compassionate Cases ImmigrationMinisterial Intervention

Ministerial Intervention: A Last Resort for Compassionate Cases

Navigating the Australian immigration system can be a challenging experience, especially when visa applications are refused or cancelled. For some individuals, the final hope lies in Ministerial Intervention - a unique mechanism that empowers the Minister to intervene in cases where there are compelling and compassionate circumstances that warrant a departure from the standard visa and immigration rules. The Stages…

Annie Anderson24 October, 2024

SCV (Subclass 444): What is a “Behaviour Concern Non-Citizen”? Character testImmigrationNew Zealand

SCV (Subclass 444): What is a “Behaviour Concern Non-Citizen”?

The Special Category (Subclass 444) visa (SCV) is a free temporary visa that is granted to New Zealand citizens to remain in Australia indefinitely. Normally, New Zealand citizens can obtain this visa on arrival to Australia or if necessary and eligible, can apply while inside Australia. To be eligible for the SCV, applicants must: have a valid New Zealand passport;…

Annie Anderson23 October, 2024

Visa Exclusion Periods (Public Interest Criteria 4020) Compliance

Visa Exclusion Periods (Public Interest Criteria 4020)

The Department of Home Affairs (Department) have various measures to ensure the integrity of its immigration program, and to deter those who have done the wrong thing for the purposes of trying to secure a visa. This article addresses what happens when the Department believe that a person has provided a bogus document, or information that is false or misleading…

Jordan Tew1 August, 2024

Increased visa application charges from 1 July 2024 Immigration

Increased visa application charges from 1 July 2024

The Australian government increased visa application charges (VACs) from 1 July 2024. Most VACs saw an increase per the 2024-25 forecast CPI, however the Student (subclass 500) visa saw a significant increase, with the base application charge now amounting to $1,600. A summary of the changes for some common visa types is included below: Temporary Skill Shortage (Subclass 482) (TSS)…

Mihan Hannan24 July, 2024

TSS nomination refusal – can I receive a refund (including for the associated visa application)? Immigration

TSS nomination refusal – can I receive a refund (including for the associated visa application)?

The Temporary Skill Shortage (Subclass 482) (TSS) visa involves both a nomination and a visa application. Both applications are regulated by the Migration Act 1958 (Cth) (the Act) and the Migration Regulations 1994 (Cth) (the Regulations) and their associated costs include: nomination: a nomination fee and a Skilling Australians Fund (SAF) Levy; visa: a Visa Application Charge (VAC). When a nomination…

Annie Anderson27 June, 2024

1 July 2024: Upcoming changes to Australian immigration Immigration

1 July 2024: Upcoming changes to Australian immigration

1 July represents the beginning of the new Migration Program year (2024/25). While this time of year generally involves tweaks to the migration program, this year has a particularly large range of measures to be implemented. These are set out in further detail below: 1. Lodgement Fee increase On 1 July each year, the government lodgement fees typically increase by…

Jordan Tew26 June, 2024

Summary of 1 July 2024 changes to the Temporary Graduate (Subclass 485) visa program GraduateImmigration

Summary of 1 July 2024 changes to the Temporary Graduate (Subclass 485) visa program

From 1 July 2024, a number of changes will impact the Temporary Graduate (Subclass 485) (Graduate) visa program, in line with the Australian government’s Migration Strategy. Pre 1 July 2024 criteria for the Graduate visa program Broadly speaking, the common requirements for this visa previously were: be in Australia; be less than 50 years of age at the time of…

Mihan Hannan21 June, 2024

Direction 110 – Considerations if a visa is being refused or cancelled due to character Character test

Direction 110 – Considerations if a visa is being refused or cancelled due to character

On 7 June 2024, the Minister for Immigration, Citizenship and Multicultural Affairs, Hon Andrew Giles signed a new revised Direction 110 (replacing Direction 99) to commence from 21 June 2024. This Direction outlines the primary and other considerations that must be taken into account in deciding whether or not to exercise their power to refuse or cancel a person's visa. This…

Jordan Tew13 June, 2024

Budget 2025 Immigration Headlines Immigration

Budget 2025 Immigration Headlines

On 14 May 2024, the Albanese government released their 2024/25 budget. While there are various "ancillary" migration-related measures, the below is a summary of some of key budget takeaways as they relate to immigration, and outlined in further detail below: net overseas migration projected to be 395,000 (down from 528,000 last year); 185,000 permanent spots for 2024/25 with 70% going…

Jordan Tew14 May, 2024

Best Lawyers 2025 (in Immigration Law) Immigration

Best Lawyers 2025 (in Immigration Law)

We are extremely pleased to announce that both Partners of the firm, Jordan Tew and Mihan Hannan, have been recognised in “The Best Lawyers in Australia™ 2025” list for their expertise in Immigration Law. Hannan Tew Lawyers is a full service Australian immigration law firm assisting individuals, asylum seekers, as well as start-ups, ASX-listed companies, and multi-national global corporations on mobility solutions. Best Lawyers is…

admin19 April, 2024

Genuine Temporary Entrant (GTE) replaced with Genuine Student (GS) for Student visas, and increased English language requirements EnglishStudent

Genuine Temporary Entrant (GTE) replaced with Genuine Student (GS) for Student visas, and increased English language requirements

In line with the Migration Strategy released on 11 December 2023, the Genuine Temporary Entrant (GTE) requirement for Student (Subclass 500) (Student) visas was replaced with a Genuine Student (GS) requirement from 23 March 2024. The new GS requirement The new GS requirement has target questions that provide decision-makers with an overview of the applicant and their reasons for wanting…

Mihan Hannan25 March, 2024

Evidence is important: Tikomaimaleya v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 199 CancellationCharacter testJudicial Review

Evidence is important: Tikomaimaleya v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 199

The role of evidence, and providing evidence in support of submissions, is crucial in migration-related processes, including visa applications and cancellations. Brief Summary In this case, the Minister refused to revoke the mandatory cancellation of the Appellant’s visa under s 501CA of the Migration Act. One of the central bases on which the Appellant had sought revocation was because he…

Joel McComber29 January, 2024

The end of indefinite immigration detention in Australia: NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37 CancellationJudicial Review

The end of indefinite immigration detention in Australia: NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37

On 8 November 2023, the High Court of Australia’s recently elevated Chief Justice made a brief order dismantling one of the most controversial principles in Australian immigration law for the last two decades: That non-citizens who had been denied entry to the Australian community but who could not be removed to any other country could be lawfully detained indefinitely (NZYQ).…

Joel McComber22 January, 2024

What is the Pacific Australia Labour Mobility (PALM) Scheme? Immigration

What is the Pacific Australia Labour Mobility (PALM) Scheme?

The Pacific Australia Labour Mobility (PALM) scheme has emerged as a way for Australia to both foster ties with neighbouring countries and address labour shortages. Broadly, the program is designed to facilitate the movement of workers from certain Pacific island countries and Timor-Leste to Australia to fill labour gaps in various sectors. This article will give you an understanding of…

Emily Young28 September, 2023

The Innovation and Early Careers Skills Exchange Pilot (IECSEP) Immigration

The Innovation and Early Careers Skills Exchange Pilot (IECSEP)

As part of the Australia-United Kingdom Free Trade Agreement (A-UKFTA) the Innovation and Early Careers Skills Exchange Pilot (IECSEP) provides new immigration opportunities for UK citizens looking to take their next career step in Australia. Further information about the program can be found here. Who can apply? The IECSEP offers two streams: Innovation stream – Allows an up to three…

Mihan Hannan27 September, 2023

South Australia opens its 2023-24 General Skilled Migration (GSM) program 190General Skilled MigrationImmigration

South Australia opens its 2023-24 General Skilled Migration (GSM) program

The 2023-24 SA Skilled Occupation List has been published (see here). Broadly speaking, individuals with skills assessments in occupations in this list may submit Registrations of Interest (ROIs) against four nomination streams. What are the nomination streams? South Australia currently has four nomination streams (see here): If you are an international graduate, who has studied in South Australia, you may…

Mihan Hannan27 September, 2023

End of the COVID-19 Pandemic Event (Subclass 408) visa Immigration

End of the COVID-19 Pandemic Event (Subclass 408) visa

On 31 August 2023, the Australian government announced changes to the COVID-19 Pandemic Event stream (Subclass 408) (pandemic event) visa. Specifically: From 2 September 2023, the pandemic event visa will only be open to applications from existing visa holders. Additionally, new applications will receive a six month visa. A visa application charge of $405 AUD will also be introduced, where…

Mihan Hannan31 August, 2023

The introduction of the Construction Visa Subsidy Program (CVSP) in Western Australia Immigration

The introduction of the Construction Visa Subsidy Program (CVSP) in Western Australia

As part of the new initiatives to upskill local workers and attract skilled foreign talent, Western Australia’s State Government has introduced the Construction Visa Subsidy Program (CVSP). A total of $11 million has been allocated to subsidise up to 1,100 skilled migrants to support the building and construction sector, and a further $2.4 million to promote skilled migration to the…

Lucinda Lim25 July, 2023

Visa Exclusion Periods (Public Interest Criteria 4014) Immigration

Visa Exclusion Periods (Public Interest Criteria 4014)

In certain circumstances, a foreign national may be prevented from being granted a visa to Australia, known as a visa exclusion period. These exclusion periods can be: permanent – for example, individuals who have been deported from Australia or had their visas cancelled for reasons of their character; or temporary - for example, certain people who have had their visas…

Jordan Tew25 May, 2023

General visa cancellation powers (s 116 visa cancellation) Cancellation

General visa cancellation powers (s 116 visa cancellation)

The Department of Home Affairs (the Department) have various powers to cancel visas under the Migration Act 1958 (the Act). This most commonly includes “character cancellations” and a broader “general cancellation” power. This article discusses the general cancellation powers under s 116 of the Act, and outlines the process when the Department are considering exercising this power. What are the…

Sonia Campanaro25 May, 2023

s48 of the Migration Act (bar from applying for visas onshore after visa refusal) Schedule 3

s48 of the Migration Act (bar from applying for visas onshore after visa refusal)

Foreign nationals who do not hold a substantive visa (i.e. they hold a bridging visa) and have had visa applications refused while they are in Australia, may be “barred” from making further substantial visa applications in Australia. This is referred to as a “s 48 bar” or “section 48 bar” which relates to the relevant provision in the Migration Act…

Jordan Tew19 May, 2023

“Member of the Family Unit” – Who can I include in my Australian visa application? Immigration

“Member of the Family Unit” – Who can I include in my Australian visa application?

When you apply for an Australian visa, in most instances you’re able to include certain family members in your visa application as dependents. This enables your family to be granted the same visa, for the same duration as you. There are restrictions on exactly which family members you can include. Typically, you can include someone who is known as a…

Jordan Tew9 May, 2023

Form 47A – Evidencing Dependency for an over-18 child Immigration

Form 47A – Evidencing Dependency for an over-18 child

Only persons who are known as a “Member of the Family Unit” (MoFU) can be included in Australian visa applications. We have an article about what this means here, which also includes children (or step-children) of the main applicant (or their spouse / de facto partner). Notably, children who are over 18 years of age, may still be included if…

Jordan Tew9 May, 2023

What happens if my visa is being considered for refusal or cancellation due to character (Direction 99) CancellationCharacter test

What happens if my visa is being considered for refusal or cancellation due to character (Direction 99)

Section 501 of the Migration Act 1958 (the Act) is a provision of Australian Immigration law that enables the Department of Home Affairs (Department) to refuse or cancel a visa, if the visa applicant (or visa holder) does not pass the “character test”. We have a separate article here, which outlines what s 501 is, the “character test” and “substantial…

Jordan Tew22 March, 2023

What is the “Character Test”? Section 501 Character Criteria for Australian visas (updated 27 June 2024) CancellationCharacter test

What is the “Character Test”? Section 501 Character Criteria for Australian visas (updated 27 June 2024)

Section 501 of the Migration Act 1958 (the Act) is a provision of Australian Immigration law that enables the Department of Home Affairs (Department) to refuse or cancel a visa if the visa applicant (or visa holder) does not pass the “character test”. There are numerous ways with which a person could not pass the “character test”, which broadly speaking…

Jordan Tew22 March, 2023

What to expect after your visa application is lodged? Immigration

What to expect after your visa application is lodged?

The lodgement or submission of a visa application is both a very exciting and nervous occasion. Naturally, visa applicants want to know: How long a visa application is going to take? Whether they will receive any updates? What happens after lodgment? The below article answers some of these questions to provide clarity on what happens post-lodgement of a visa application.…

Jordan Tew22 November, 2022

Ministerial Direction 100 and streamlined visa processing Immigration

Ministerial Direction 100 and streamlined visa processing

To assist in further streamlining visa processing, Ministerial Direction 100 came into effect on 28 October 2022 which sets out the order of priority applied by the Department of Home Affairs (Department) (and the Administrative Appeals Tribunal) in processing of skilled nomination and visa applications (and related review applications). Broadly speaking, priority is given to those in the healthcare or…

Mihan Hannan18 November, 2022

The definitive guide to permanent Australian Parent visa options ImmigrationParent

The definitive guide to permanent Australian Parent visa options

There are six different permanent Australian Parent visas and navigating the various visa options to decide which one best suits your family’s circumstances can be daunting. Even if your parents appear eligible, there are many other considerations, intricacies regarding making a valid application, and steps to be taken before the visa can be approved. Given that Parent visas also vary…

Sonia Campanaro20 September, 2022

Job and Skills Summit Recap (Immigration Update – September 2022) Immigration

Job and Skills Summit Recap (Immigration Update – September 2022)

On 1 and 2 September 2022, the Australian Government held the Jobs + Skills Summit in Canberra, which amongst other things focused on addressing skills shortages including improving migration settings to support higher productivity and wages. Below is our breakdown of the major announcements relevant to migration. Increase in Migration Places The government have increased the number of permanent migration…

Jordan Tew2 September, 2022

Temporary Work (Subclass 400) visa document checklist Immigration

Temporary Work (Subclass 400) visa document checklist

The Temporary Work (Subclass 400) (400) visa is a temporary visa that allows applicants working in highly specialised roles to work short-term in Australia. The general period of stay is 3 months, however, applicants can be granted up to 6 months for strong business cases. There are two streams for this visa, but the most common stream is the "Highly…

Mihan Hannan19 August, 2022

Visa application charge increases, concessions for Graduate visa applications and the introduction of Workforce Australia GraduateImmigrationLabour 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 Hannan29 June, 2022

Several concessions for Student, Graduate and Working Holiday Maker visas GraduateImmigrationStudentWorking Holiday

Several concessions for Student, Graduate and Working Holiday Maker visas

Throughout January 2022, the Australian government announced a number of concessions for Student (Subclass 500), Graduate (Subclass 485) and Working Holiday Maker visa holders to help support Australia's COVID-19 impacted economy. Temporary relaxation of working hours for student visa holders Firstly, there has been a temporary relaxation of student visa work limits to all sectors of the economy. This takes…

Mihan Hannan20 January, 2022

Australian Agriculture Worker Visa Immigration

Australian Agriculture Worker Visa

On 23 August 2021, the Australian Government announced the Australian Agriculture Worker (AAW) visa program for primary industry sectors including horticulture, meat processing, dairy, wool, grains, fisheries (including aquaculture) and forestry. The program sits within the Subclass 403 (Temporary Work (International Relations)) (Subclass 403) visa as the AAW stream. What is the criteria? The key criteria for the Subclass 403 visa…

Mihan Hannan30 September, 2021

What were the 24 May 2021 changes to the Skilled Independent (subclass 189) visa in the New Zealand stream? 189General Skilled MigrationImmigrationNew Zealand

What were the 24 May 2021 changes to the Skilled Independent (subclass 189) visa in the New Zealand stream?

The COVID-19 pandemic has severely disrupted Australia’s labour market, with many employees being stood down or having their hours reduced. This disruption extends to New Zealanders residing in Australia. On 24 May 2021, the Department released a legislative instrument to address the disadvantages to the Skilled Independent (subclass 189) (189) visa applicants in the New Zealand stream who would have,…

Emily Young7 July, 2021

How can I be sponsored for permanent residency as a postdoctoral researcher or academic? Immigration

How can I be sponsored for permanent residency as a postdoctoral researcher or academic?

Securing an academic appointment at an Australian university is often a challenging and competitive process. However, securing such a position potentially also opens a lesser known, direct and streamlined pathway to permanent residency. In short, certain “academic applicants” can be sponsored immediately for permanent residency under the Employer Nomination Scheme (ENS) (Subclass 186) visa. Please see below for further information.…

Jordan Tew22 June, 2021

What is a Global Talent visa (formerly Distinguished Talent visa)? (updated: 7 August 2023) 858Global Talent IndependentImmigration

What is a Global Talent visa (formerly Distinguished Talent visa)? (updated: 7 August 2023)

The Global Talent visa is one of the more interesting and unique visas to Australia, offering permanent residency to individuals who have an “internationally recognised record of exceptional and outstanding achievement” in an eligible area. The purpose of this visa is to attract highly skilled/talented individuals in their field to come to Australia, where they would elevate Australia’s standards internationally,…

Jordan Tew28 May, 2021

Can an agent’s actions constitute “factors beyond control” in Schedule 3? A case note: Wong (Migration) [2021] AATA 537 (19 February 2021) ImmigrationSchedule 3

Can an agent’s actions constitute “factors beyond control” in Schedule 3? A case note: Wong (Migration) [2021] AATA 537 (19 February 2021)

Ms Wong (the applicant) and her family applied for Temporary Business Entry (Class UC) (Subclass 457) (457) visas on 2 March 2018. At the time of application, the applicant did not hold a substantive visa. Among other things, the primary criteria required that if the applicant were in Australia at the time of application and did not hold a substantive…

Emily Young6 May, 2021

What is a bridging visa, and what’s the difference between them? Bridging VisaImmigration

What is a bridging visa, and what’s the difference between them?

Foreign residents in Australia normally hold “substantive visas” with clear expiry dates. A substantive visa is any visa which is not a bridging visa or a criminal justice visa or an enforcement visa. When people normally mention that they are holding a visa (e.g. a Visitor visa, a TSS visa, a Partner visa) they are usually referring to a substantive…

Mihan Hannan1 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 Hannan20 March, 2021

COVID concessions for Australian visas Immigration

COVID concessions for Australian visas

Since 19 September 2020, a number of concessions have been available for certain visa holders impacted by the COVID-19 pandemic. Recently, the Department have announced further concessions where COVID-19 travel restrictions are affecting visa applicants, particularly in relation to applicants for family visas who are currently in Australia. Partners and Child visas - Onshore grants from 27 February 2021 Changes…

admin13 February, 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 Hannan15 December, 2020

Visas for Innovation – Our recommendations for the 2020/21 Migration Program Year 858Global Talent IndependentImmigration

Visas for Innovation – Our recommendations for the 2020/21 Migration Program Year

On 6 October 2020, the Australian Government is expected to announce its 2020/21 budget, which amongst other things, will include the planning levels for the migration programme year. Hannan Tew Lawyers (Hannan Tew) anticipates that along with a greater push for regional migration, innovation will feature heavily under the “skilled” stream of the migration programme year as part of a…

Jordan Tew1 October, 2020

Australian government announces immigration changes to support international students (updated 17 Aug 2020) ImmigrationStudent

Australian government announces immigration changes to support international students (updated 17 Aug 2020)

On 20 July 2020 the Australian government announced a number of changes to student visa arrangements to ensure Australia remains a priority destination for international students post COVID-19. International students are not only able to obtain world class education in Australia, but many go on to further temporary visas after their studies and even obtain Australian citizenship (for example, through…

Mihan Hannan17 August, 2020

Australian Government announces special visa arrangements for Hong Kong Global Talent IndependentImmigrationStudent

Australian Government announces special visa arrangements for Hong Kong

On 9 July 2020 the Australian Government announced that it will introduce new measures for students, temporary graduates and skilled workers from Hong Kong who want to live, work and study in Australia (see here). Specifically, the Prime Minister stated that: Temporary graduate and skilled workers will be offered an additional 5 years of work rights in Australia on top…

Mihan Hannan15 July, 2020

A welcome guide: permanent residence in Australia CitizenshipImmigrationPermanent ResidenceResident Return Visa

A welcome guide: permanent residence in Australia

First of all, congratulations on your Australian permanent residence. In some cases, this could be the culmination of years of effort and dedication. Whatever your journey, welcome to Australia. Now that you are here, this guide provides a few pointers on what it means to be a permanent resident in Australia, and if you choose to, take the next steps…

Mihan Hannan8 May, 2020

Australian citizenship and permanent residence for New Zealanders: A Quick Guide CitizenshipImmigrationNew Zealand

Australian citizenship and permanent residence for New Zealanders: A Quick Guide

New Zealanders who enter Australia on a New Zealand passport are granted a Special Category (Subclass 444) visa (SCV) upon arrival. This visa enables New Zealander to remain in Australia indefinitely, work without restriction, and study. New Zealanders in Australia enjoy access to many benefits which are not available to citizens of other countries, such as eligibility for Medicare, or…

Edison Zhang29 April, 2020

Immigration policies encouraging the Technology and Innovation sector towards South Australia 457 visaImmigrationInnovationLabour AgreementsTSS

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 Tew16 May, 2019

11 March 2019 updates relating to the Temporary Skill Shortage (TSS) (Subclass 482) visa Labour 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 Hannan13 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 Hannan7 March, 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 ListsTSS

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 Tew22 February, 2019

ENS Eligibility Summary and the Transitional Arrangements ENS 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 Hannan11 December, 2018

Skilling Australians Fund (SAF) levy and it’s impact on employer sponsored visas 457 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 Hannan8 August, 2018

Welcoming the “Global Talent Scheme” and our analysis at first glance ENS 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 Tew9 July, 2018

Traffic Light Bulletin: 2018 Mid-Year Update to Occupation Lists 457 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 Hannan22 June, 2018

Immigration Update: Skilling Australians Fund and Labour Market Testing 457 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 Hannan15 May, 2018

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

admin23 March, 2018

Comparison of the significant changes to the Employer Nomination Scheme (ENS) ENS 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 Hannan20 March, 2018

Our take on the new visa scheme to attract skilled global talent (Global Talent Scheme) 457 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 Tew20 March, 2018

Student visa cancellation, and conditions on a Student visa CancellationStudent

Student visa cancellation, and conditions on a Student visa

The last decade has seen an influx of international students accessing Australia’s world class education system. The Sydney Morning Herald noted in an article on 2 Mach 2018 that from 2015 to 2017 the number of overseas students at Sydney universities increased from 55,000 to 75,745, or a 37.7% increase in just 2 years. As a result of these increased…

Jordan Tew19 March, 2018

Are you an Accountant? You may be eligible for PR through the GSM Program General Skilled MigrationGuidelinesOccupation Lists

Are you an Accountant? You may be eligible for PR through the GSM Program

Australia’s General Skilled Migration (GSM) program is used by the Australian government to fill skill gaps in the Australian economy by targeting specific occupations and people with relevant skills and experience. Accountants are listed on the Australian government’s Medium to Long Term Strategic Skills List. This means this occupation is in high demand in Australia, and opens up pathways to…

admin7 February, 2018

Are you a Systems Analyst? You may be eligible for PR through the GSM program General Skilled MigrationGuidelinesOccupation Lists

Are you a Systems Analyst? You may be eligible for PR through the GSM program

Australia’s General Skilled Migration (GSM) program is used by the Australian government to fill skill gaps in the Australian economy by targeting specific occupations and people with relevant skills and experience. Systems Analysts are listed on the Australian government’s Medium to Long Term Strategic Skills List. This means this occupation is in high demand in Australia, and opens up pathways…

admin6 February, 2018

Are you a Software Engineer? You may be eligible for PR through the GSM program General Skilled MigrationGuidelinesOccupation Lists

Are you a Software Engineer? You may be eligible for PR through the GSM program

Australia’s General Skilled Migration (GSM) program is used by the Australian government to fill skill gaps in the Australian economy by targeting specific occupations and people with relevant skills and experience. Software Engineers are listed on the Australian government’s Medium to Long Term Strategic Skills List. This means this occupation is in high demand in Australia, and opens up pathways…

admin6 February, 2018

Why Mike Cannon-Brookes’ “radical” idea may not be so radical after all 457 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…

admin23 January, 2018

Case Note: Zhou and Minister for Immigration and Border Protection (Migration) [2017] AATA 2386 (27 November 2017) CancellationCharacter testDirection 65Immigration

Case Note: Zhou and Minister for Immigration and Border Protection (Migration) [2017] AATA 2386 (27 November 2017)

Ms Zhou (the Applicant) was the holder of a permanent Subclass 100 visa (Spouse visa). Following a police raid in 2013, she was charged with two offences of: importation of unregistered fire arms and tier 2 goods without approval and possession of unregistered fire arms and tier 2 goods without approval She pleaded guilty to the two offences on the…

admin6 December, 2017

The “Traffic Light Bulletin”: What happens when your occupation is removed from a skilled occupation list? 457 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…

admin28 November, 2017

Australian permanent residency for New Zealand citizens who arrived on or before 19 February 2016 CitizenshipImmigration

Australian permanent residency for New Zealand citizens who arrived on or before 19 February 2016

Provided they meet certain health and character requirements, New Zealand citizens are automatically granted a Special Category (Subclass 444) visa on arrival which enables them to remain in Australia indefinitely, work and study. However, except for in limited circumstances, Australian citizenship was only previously available to New Zealand citizens if they followed the regular channels to first become an Australian permanent…

admin9 August, 2017

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

admin1 July, 2017

Skills Assessments for ICT Professionals in Australia General Skilled MigrationGuidelines

Skills Assessments for ICT Professionals in Australia

In its last Migration Programme Report for the year ending 30 June 2016, the Department of Immigration and Border Protection (Department) released statistics confirming that the Skill stream  comprising the Employer Sponsored Category, the General Skilled Migration category (GSM), and the Business Innovation and Investment Programme and Distinguished Talent categories amounted to 67.7 percent of the total 2015-2016 migration programme outcome. Delving…

admin10 June, 2017