SkillSelect EOI Invitation RoundResults FY2025–2026: Subclass 189 & 491 Visas

The Department of Home Affairs has published the results of the most recent SkillSelect invitation round, which determines invitations for the following visas:

• Subclass 189 – Skilled Independent visa

• Subclass 491 – Skilled Work Regional (Provisional) visa (Family Sponsored stream)

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NEW Subclass 482 Skills in Demand Visa

Overview

The Skills in Demand (SID) visa replaces the Temporary Skill Shortage (TSS) visa (subclass 482). The SID visa allows most visa holders to stay in Australia for up to four years. It offers a streamlined process for both migrants and employers seeking skilled workers to grow their businesses.

SID visa holders benefit from a clear pathway to permanent residence, providing certainty for both migrants and employers.

SID Visa Streams

The SID visa has three streams tailored to address various workforce needs:

1. Core Skills Stream:Designed to meet targeted workforce shortages. Most SID visa holders will use this stream.
2. Specialist Skills Stream:Focused on attracting highly skilled migrants to drive innovation and job creation.
3. Labour Agreement Stream:Currently being replaced by the Essential Skills Stream, which is under development.

Benefits of the SID Visa

With a SID visa, you can:

• Access a pathway to permanent residence. Any work with an approved employer counts toward this pathway.
• Fulfill a reduced work experience requirement compared to the TSS visa. SID applicants need one year of work experience in their nominated occupation or a related field.
• Meet the same English language requirements as the TSS medium-term stream (equivalent to an IELTS band score of 5 in all four components).

SID Visa Streams in Detail

Specialist Skills Stream

This stream acknowledges that highly skilled migrants contribute significantly to national productivity. It is designed for applicants who:

• Meet general eligibility requirements.
• Have an occupation listed in the ANZSCO 2022, excluding ANZSCO Major Group levels 3, 7, and 8 (e.g., trades workers, machinery operators, drivers, and laborers).
• Earn at least the Specialist Skills Income Threshold of AUD135,000, ensuring parity with Australian workers in the same roles.

Core Skills Stream

This stream addresses workforce shortages by targeting specific occupations. To be eligible, applicants must:

• Meet general eligibility requirements.
• Have an occupation listed on the Core Skills Occupation List (CSOL) identified as being in shortage. This includes roles aligned with Australia’s commitments under international trade agreements.
• Be paid a salary at or above the Core Skills Income Threshold of AUD73,150.

Transition from the TSS Visa

Applications for the TSS visa closed on 6 December 2024. Outstanding applications lodged before this date will continue to be processed under the existing arrangements.

TSS visa holders will retain access to a pathway for permanent residence, provided they meet all relevant eligibility criteria.

Need Help?

If you need further information about the new Skills in Demand Visa or assistance with your application, please contact our team. We are here to guide you through every step of the process.

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Navigating Visa Refusals and Cancellations: What You Need to Know

Receiving a visa refusal or cancellation can be stressful, but it’s important to know that you may have options to challenge the decision. A visa refusal or cancellation can disrupt your plans, but understanding the reasons behind it, the appeal process, and your next steps can make a significant difference in your immigration journey.

Common Reasons for Visa Refusals and Cancellations

A visa refusal or cancellation can occur for various reasons, including:

• Insufficient Documentation: Missing or incomplete documents can result in an application refusal.
• Failure to Meet Eligibility Criteria: Each visa type has strict eligibility requirements.
• Health or Character Issues: A visa may be refused if an applicant does not meet health or character requirements.
• Genuine Relationship Concerns: For partner visas, a lack of sufficient evidence of a genuine relationship may lead to refusal.
• Financial Insufficiency: Some visas require proof of financial stability, and failing to meet this requirement may result in rejection.
• Previous Visa Violations: Overstaying a previous visa or breaching conditions can impact future applications.
• Employer Sponsorship Issues: Employer-sponsored visa applicants must ensure their sponsor meets all legal obligations.

What to Do After a Visa Refusal

If your visa is refused, you should first review the refusal letter carefully. The letter will provide reasons for the decision and whether you have the right to appeal. Here are some potential next steps:

1. Seek Professional Advice: Consulting with a registered migration agent or immigration lawyer can help you understand your options.
2. Appeal Through the Administrative Review Tribunal (ART): If you have appeal rights, you may be able to challenge the decision at the ART.
3. Lodge a New Visa Application: If your circumstances have changed, submitting a stronger application with additional evidence may be an option.
4. Request Ministerial Intervention: In rare cases, you may seek intervention from the Minister for Immigration if there are compelling reasons.

What to Do After a Visa Cancellation

A visa cancellation is a more serious issue, as it can affect your ability to stay in Australia. If you receive a cancellation notice, consider the following steps:

• Check for Review Rights: Some cancellations can be appealed to the ART.
• Provide Supporting Evidence: If the cancellation was due to a misunderstanding or incorrect information, submitting additional evidence may help your case.
• Act Quickly: Many appeal processes have strict deadlines, so timely action is crucial.

How to Avoid Visa Refusals and Cancellations

• Ensure Accuracy in Your Application: Double-check all documents before submission.
• Meet All Visa Conditions: Follow the conditions of your current visa to avoid future complications.
• Seek Professional Guidance: A migration consultant can help prevent common mistakes in visa applications.

Conclusion

While a visa refusal or cancellation can be challenging, it does not always mean the end of your migration journey. By understanding your options, seeking expert advice, and acting quickly, you may be able to overcome these hurdles and achieve your immigration goals. You can also browse the Department of Home Affairs for more information on Visa Refusals.

For personalized assistance with visa refusals or cancellations, please contact our team NOW. Our experienced migration agents can guide you through the process and help you find the best possible solution for your situation.

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You might have heard the term “De facto relationship,” especially in the context of Australian visa applications. But what exactly does it mean? Today, let us dive into the concept of a De facto relationship and how it plays a crucial role in visa applications, particularly in Australia.

1. What is a De facto Relationship?

A De facto relationship refers to a couple living together in a genuine domestic partnership, similar to a marriage, but without being legally married. In Australia, this type of relationship is recognised by law, especially when applying for certain types of visas, such as the Partner Visa.

2. How is a De facto Relationship Defined?

To be considered in a De facto relationship, you typically need to meet the following criteria:

• Living Together: You and your partner must live together on a regular basis, not just casual dating or short-term cohabitation.
• Length of the Relationship: In most cases, you need to have been living together for at least 12 months.
• Financial Interdependence: You and your partner should show a level of financial dependence or sharing, such as having joint bank accounts or sharing household expenses.
• Social Recognition: Your relationship should be known to others, such as friends, family, or colleagues, who recognize you as a couple.
• Commitment to the Future: The relationship must be genuine and ongoing, with both partners intending to continue it long-term.

3. Benefits of a De facto Relationship

In Australia, being in a De facto relationship grants you similar legal rights as being married. For instance, if you are in a De facto relationship, you may be eligible to apply for a Partner Visa, which allows you to stay and live in Australia, regardless of whether you are legally married.

4. How to Prove a De facto Relationship?

When applying for a visa based on a De facto relationship, you will need to provide evidence to support your claim, such as:

• Joint bank accounts or shared financial obligations (bills, rent, etc.).
• Lease agreements or property ownership documents showing you live together.
• Photos or travel records proving your time spent together.
• Statutory declarations from friends or family confirming your relationship.

5. Conclusion

A De facto relationship is a significant aspect of Australian migration law, especially for couples who are not legally married. If you are thinking of applying for a Partner or De facto visa, it is important to understand what qualifies as a De facto relationship and how to prove it.

Hopefully, this post has helped clarify what a De facto relationship is and how it can benefit your visa application. Feel free to contact us if you are curious about Australian migration or need further advice!

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Australian Visa Application Fee from July 2024

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Australian Visa Changes from 1 July 2024

Several significant changes to Australian visas have come into effect from 1 July 2024. Here are the key changes you should be aware of:

1. Student Visa

From 1 July 2024 onwards, the following visa holders are prohibited from applying for the Student Visa through the onshore pathway:

• Temporary Graduate (Subclass 485)
• Electronic Travel Authority (Subclass 601)
• Medical Treatment (Subclass 602)
• eVisitor (Subclass 651)
• Maritime Crew (Subclass 988)
• Visitor (Subclass 600)

2. Employer-Sponsored Visa

• TSMIT Increase: Starting from 1 July 2024, the TSMIT increases from $70,000 to $73,150. This means that all new nomination applications for the mentioned visa categories must ensure nominees receive an annual salary of at least $73,150 or the annual market salary rate for their occupation, whichever is greater.
• Changes to Visa Conditions 8107, 8607, and 8608: From 1 July 2024, Temporary Work (Skilled) (Subclass 457) visa holders, Temporary Skill Shortage (Subclass 482) visa holders, and Skilled Employer Sponsored Regional (Provisional) (Subclass 494) visa holders who stop working with their sponsoring employer will have more time to find a new sponsor, apply for a different visa, or arrange to depart Australia. These visa holders will have up to:

• • 180 days at a time, or
  • A maximum of 365 days in total across the entire visa grant period.

Note: The changes apply to existing visa holders, as well as those granted a visa on or after 1 July 2024. Any periods a visa holder stopped working for their sponsor before 1 July 2024 will not count towards the new time periods outlined above.

3. Temporary Graduate Visa

• The maximum age for applicants has been reduced from 50 to 35 years, except for Hong Kong and British National Overseas (BNO) passport holders and Masters (research) or PhD graduates, who can apply until age 50.
• The Graduate Work stream has been renamed to Post Vocational Education Work stream.
• The Post Study Work stream has been renamed to Post Higher Education Work stream.

4. Working Holiday Maker Program

• UK passport holders will be able to be granted up to three Working Holiday (Subclass 417) visas without having to meet any specified work requirements from 1 July 2024.
• Republic of Philippines passport holders are eligible to apply for a Work and Holiday (Subclass 462) visa.

5. Visa Application Charge Changes

The visa application charge for all types of visas has increased from 1 July 2024.

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2024-2025 Migration Program planning levels

On 14 May 2024, the Australian Government announced that the planning levels for the 2024–25 permanent Migration Program (Migration Program) will be set at 185,000 places.

The permanent Migration Program will help fill skills shortages in priority sectors and prioritise visa processing for regional Australia while the Australian Government builds the domestic pipeline of highly skilled workers.

The 2024–25 Migration Program also recognises the strong contribution all migrants make to social cohesion. It focuses on strengthening family and community bonds in Australia.

A well-targeted, skills focussed Migration Program supplements the cohort of working-age people. It helps boost participation rates and the size of the labour force.

The 2024–25 permanent Migration Program has the following composition:

• Skill stream (132,200 places, approximately 71 per cent of the program) – This stream has been designed to improve the productive capacity of the economy and fill skill shortages in the labour market, particularly those in regional Australia.
• Family stream (52,500 places, approximately 28 per cent of the program) – This stream is predominantly made up of Partner visas, enabling Australians to reunite with family members from overseas and provide them with pathways to citizenship. Of this stream:
  • 40,500 Partner visas are estimated for 2024–25 for planning purposes, noting this category is demand-driven.
  • 3,000 Child visas are estimated for 2024–25 for planning purposes, noting this category is demand-driven.
• Special Eligibility stream (300 places) – This stream covers visas for those in special circumstances, including permanent residents returning to Australia after a period overseas.

Migration Program planning levels, as announced as part of the 2023–24 and 2024–25 Federal Budgets, are as follows:

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What is Labour Market Testing？

Labour Market Testing (LMT) is a regulatory measure mandated by the Australian government to safeguard the interests of the domestic workforce. Its primary objective is to ensure that Australian employers exhaust all avenues to recruit local talent before turning to overseas workers to fill skilled positions. By implementing LMT, the Australian government aims to prioritize the employment of Australian citizens and permanent residents, thereby fostering a robust and sustainable labour market. Labour market testing (LMT) generally involves advertising the position in Australia.

TSS visa (subclass 482) Short-term stream and Medium-term stream and Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) Employer Sponsored stream labour market testing

When sponsors nominate an applicant they must provide a copy of the advertising material used to advertise the position (that is, copies of all advertisements that meet the advertising requirements).

For most nominations, the position must have been advertised for at least four weeks within the four month period immediately prior to lodging the nomination application. If an Australian citizen or permanent resident worker has been made redundant or retrenched from the nominated occupation within 4 months before lodging the nomination application, the advertising must have occurred since the date of the redundancy or retrenchment.

Note: information about these redundancies or retrenchments must also be provided with the nomination.

In addition, the advertising of the nominated position must meet all of the requirements below:

• the advertisement was in Australia, in English and included the following information:
  • the title, or a description, of the position (multiple positions in one advertisement is acceptable)
  • the skills or experience required for the position
  • the name of the approved sponsor or the name of the recruitment agency being used by the sponsor
  • the salary for the position – if the annual earnings for the position are lower than AUD96,400 (it is acceptable to publish a salary range, for example, AUD80,000 to AUD90,000).
• at least 2 advertisements were published in any of the below:
  • on a prominent or professional recruitment website with national reach that publishes advertisements for positions throughout Australia
    • industry-specific recruitment websites relevant to the occupation that are in significant use by the industry are an acceptable method of LMT advertising
    • a general classifieds website or an advertisement solely through social media notification (such as Twitter or Instagram) are not acceptable methods. LinkedIn’s online recruitment platform is acceptable for LMT purposes. Job vacancies restricted to LinkedIn profile members only are not acceptable for LMT purposes.
  • in national print media (that is, newspapers or magazines with national reach that are published at least monthly and marketed throughout Australia)
  • on national radio with national reach
  • on the business’s website if the sponsor is an accredited sponsor.
• advertisements, including on websites, are expected to run for at least 4 weeks
• applications or expressions of interest for the advertised position must have been accepted for at least 4 weeks.

Note:

• the nominated position may be advertised in the same medium (such as newspaper advertisements, on two separate occasions) or in any two different mediums simultaneously, or on two separate occasions
• the nominated position may be advertised over two or more overlapping periods totalling a minimum of 4 weeks
• advertising may have been undertaken by a third party if authorised to do so by the sponsor (for example, an associated entity or a contracted party, such as a recruitment agency) – there is no requirement that the sponsor placed the advertisement themselves.

Evidence of a total of 2 advertisements must be provided at the time the nomination is lodged.

Exemptions – International trade obligations (ITOs)

LMT is not required where Australia has waived this requirement under its ITOs, including in any of the following circumstances:

• the worker you nominate is applying in one of the LMT exempt categories under these ITOs and is a citizen/national of Brunei, China, Japan, Malaysia, Mexico, Peru, Thailand, Vietnam or is a citizen/national/permanent resident of Canada, Chile, South Korea, New Zealand, Singapore or the United Kingdom.
• the worker you nominate is a current employee of a business that is an associated entity of your business, and the associated entity is located in an Association of South-East Asian Nations (ASEAN) country (Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand or Vietnam), Canada, Chile, China, Japan, Mexico, South Korea, United Kingdom, New Zealand, Peru, Samoa, Tuvalu, Kiribati, Tonga, Solomon Islands, Niue, the Cook Islands or Vanuatu.
• the worker you nominate is a current employee of an associated entity of your business, and that associated entity operates in a country that is a member of the World Trade Organisation (WTO), and the nominated occupation is an Executive or Senior Manager occupation for the purposes of ITOs, and the nominee will be responsible for the entire or a substantial part of your company’s operations in Australia.
• your business currently operates in a WTO member country or territory, or Tuvalu, Kiribati, Niue, or the Cook Islands, and is seeking to set up a business in Australia, and the nominated occupation is an Executive or Senior Manager occupation for the purposes of ITOs. Countries that are currently WTO members are listed on the World Trade Organization website. For the purposes of ITOs, the following occupations are considered to be Executives or Senior Managers.

• the worker you nominate is a citizen or an eligible permanent resident* of a WTO member country or territory and has worked for you in the nominated position in Australia on a full-time basis for the last two years.

Note: the above ITO exemptions do not apply for nominations lodged under a labour agreement and the Skilled Employer Sponsored Regional (Provisional) visa (subclass 494).

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How to Deal with Offshore Visa Cancellation?

What steps should you take if your visa gets cancelled while you are offshore?

Once your visa is cancelled under Section 128, the Department of Home Affairs will send you a letter notifying you of the cancellation. Within 28 days from the date of this letter, you must present your case, explaining why your visa should not be cancelled.

After the cancellation of a visa, a three-year ban (referred to as the ‘exclusion period’) will be imposed on certain new visa applications unless a waiver is obtained from the Department.

Dealing with offshore visa cancellation can be a daunting process, but with the right approach and understanding of the procedures involved, you can navigate through this challenging situation. Whether it is due to changes in personal circumstances or unforeseen complications, addressing visa cancellations requires careful attention and adherence to relevant guidelines.

1. Understand the Reasons

Before taking any action, it is crucial to understand the reasons behind the offshore visa cancellation. Common reasons include failure to meet visa conditions and providing false information. Knowing the specific grounds for cancellation will help formulate an appropriate response.

2. Review Visa Conditions

Carefully reviewing the initial visa conditions is essential. Understanding the terms and requirements outlined in the visa grant will help identify any discrepancies or areas that may have led to the cancellation. This step is crucial for building a solid case when seeking remedies.

3. Seek Professional Advice

Navigating the complexities of visa cancellations often requires professional guidance. Consulting with a qualified immigration professional can provide valuable insights into the legal aspects of the situation. These professionals can assess the circumstances, advise on potential options, and guide individuals through the necessary steps.

4. Stay Informed

Immigration laws and policies are subject to change, and staying informed about any updates or amendments is crucial. Changes in regulations may impact the available options for dealing with visa cancellations, so staying abreast of developments in immigration law is essential.

5. Prepare a Comprehensive Case

When responding to a visa cancellation, it is essential to prepare a comprehensive case. This includes gathering all relevant documents, providing evidence to support any claims, and presenting a clear and truthful explanation for the situation. A well-prepared case increases the chances of a favourable outcome.

6. Apply for Revocation

After preparing all documents for the revocation of visa cancellation, submit your written request for revocation to the appropriate department or authority. Ensure that you follow the specified submission process and include all required documents.

7. Keep a Record

Maintain a copy of your revocation request and all supporting documents for your records.

8. Follow Up

Follow up with the Department if necessary, and inquire about the status of your revocation request. Be proactive in staying informed about the progress of your case.

9. Consider Alternative Visas

In some cases, individuals facing visa cancellations may explore alternative visa options. This could involve applying for a different type of visa that aligns with their current circumstances. Again, seeking professional advice is crucial in making informed decisions regarding alternative visa pathways.

Dealing with offshore visa cancellation requires a strategic and informed approach. By understanding the reasons behind the cancellation, seeking professional advice, and taking proactive steps to address the situation, individuals can increase their chances of a successful resolution. Remember, every case is unique, and a tailored approach is often necessary to navigate the complexities of immigration processes.

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The role of migration agents in the Australian visa application process

The Australian visa application process can be complex and confusing, with many different visa options and requirements to navigate. For this reason, many people choose to seek the assistance of a migration agent when applying for an Australian visa.

A migration agent is a registered professional who is authorized to provide advice and assistance on Australian migration law and visa applications. They are regulated by the Migration Agents Registration Authority (MARA) and must meet certain qualifications and standards to be registered.

So, what is the role of a migration agent in the Australian visa application process? Let’s take a closer look:

1. Assessment and advice

One of the key roles of a migration agent is to provide an initial assessment of your eligibility for a particular visa. They can advise you on the visa options available to you based on your personal circumstances, and help you understand the requirements and processes involved in applying for each visa.

2. Application preparation and submission

Once you have decided which visa to apply for, a migration agent can assist you in preparing and submitting your visa application. They can help you gather and organize the necessary documentation, fill out the application forms correctly, and ensure that your application meets all the necessary requirements.

3. Communication with the Department of Home Affairs

During the visa application process, there may be a need for communication between the applicant and the Department of Home Affairs. A migration agent can act as a liaison between you and the department, providing updates and answering any questions that may arise.

4. Representation in case of visa refusal or cancellation

If your visa application is refused or cancelled, a migration agent can represent you in appeals or review processes. They can provide legal advice, help you understand your options, and assist you in preparing your case.

In summary, a migration agent plays a crucial role in the Australian visa application process, providing assessment, advice, application preparation and submission, communication with the Department of Home Affairs, and representation in case of visa refusal or cancellation. Opting for the services of a registered migration agent can provide reassurance and ease during the complex and overwhelming Australian visa application process. Their expertise and assistance can help you understand the requirements, properly fill out the application, and navigate communication with the Department of Home Affairs.

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