1 July 2022 will see several Visa changes that will result in new skilled worker pathways to permanent residency, more places for working holiday makers, and the chance for graduates impacted by COVID-19 boarder closures to make up for their time locked out of Australia.
Temporary Skill Shortage Visas
Temporary skill shortage (TSS) subclass 482 visa holders will now find it easier to apply for permanent residency.
As at the 31st of March 2022, there were 52,440 people on 482 visas, or the related 457 visas that ceased offering new places to applicants in 2018.
From 1 July, these visa holders can apply for the Temporary Residence Transition (TRT) visa, which allows skilled workers, who are nominated by their employer, to permanently live and work in Australia. This new pathway will only be accessible for two years from this date. Those who are deemed eligible will need to have been in Australia for at least one year between 1 February 2020 and 14 December 2021.
The change will also apply to subclass 457 visa holders with an occupation on the Short-Term Skilled Occupation List (STSOL).
Age Limit Exemption
The second change impacting 457 visa holders means that they will no longer be restricted by age from applying for permanent residency through the TRT stream. 457 visa holders aged 45 and over have previously had no pathways to pursue permanent residency, despite being sponsored by employers after working in Australia for many years.
The change, which now specifies no age limit to pursuing this option, will also only be accessible for two years from 1 July. To be eligible for the age exemption, 457 visa holders will need to have held the visa from or since 18 April 2017. Those who are deemed eligible will also need to have been in Australia for at least one year between 1 February 2020 and 14 December 2021.
Need to discuss your migration options? Contact Nevile & Co. today.
Disclaimer: This publication contains comments of a general nature only, and is provided as an information service.
It is not intended to be relied upon as, nor is it a substitute for specific professional advice.
The applicant in question is a Chinese citizen who applied for a protection visa. The Department refused to grant the application as the delegate for the Minister for Home Affairs was not satisfied the applicant was a genuine refugee. This is due to the belief that there is no real risk of suffering or significant harm to the applicant should they return to China.
The applicant claimed that they borrowed money from a loan shark, and is not able to repay the same. The unlicensed lender physically threatened the applicant upon learning they could not return the funds. As the lender is unlicensed, the applicant was unable to seek assistance or intervention from the appropriate governing body.
As a result, the applicant travelled to Australia claiming fears of harassment, bullying, torture, or death should they return to China.
Why Were They Refused?
Under s5J(1) of the Migration Act, a person has a well-founded fear of persecution if they fear persecution based on one or more of the following:
- Race
- Religion
- Nationality, or
- Membership of a particular social group or political opinion.
There must be a real chance a person may be persecuted for one or more of these reasons, and the reasons must be essential and significant.
As the applicant did not satisfy any of these four reasons, Australia has no obligation to provide protection to them under the Migration Act.
How Can We Help?
Many potential clients approach us by asking whether they can apply for a protection visa. If your story is similar to the above, your risk of refusal is very high.
However, each case is different, and should be assessed individually. If you want to know whether you have reasonable grounds to apply for a protection visa, you should contact our Nevile & Co. migration experts to request an initial free migration assessment.
Contact us at nevileco@nevile.com.au to discuss further.
Disclaimer: This publication contains comments of a general nature only, and is provided as an information service.
It is not intended to be relied upon as, nor is it a substitute for specific professional advice.
The Morrison Government is reforming business and investor visas to maximize the economic benefits for Australia. To that end, changes have been passed and are waiting to come into effect. If you are a prospective investor, an entrepreneur, or a businessperson who has been looking at Australia as a potential market, it is imperative that you be on top of these changes and prime yourself for them.
Here are the changes that you should know:
- The quota under the program has doubled from 6800 in 2019-2020 to 13500 in 2020-2021.
- The new program will be reduced to 4 streams: Business Innovation, Entrepreneur, Investor and Significant Investor
- Provisional visa holders in all 4 streams will be able to apply for permanent residence if they meet the requirements after 3 years, but the provisional visa will now be valid for 5 years in comparison to the current 4-year duration currently.
- The requirement for Business Innovation visa holders will be tightened with the $1.25 million business and personal assets threshold and an annual turnover of $750 000.
As the date (1/7/2021) is quickly approaching, it is important that you ready yourself for it to prevent any disruption to your immigration plan.
At Nevile & Co., we have the resources and expertise to assist you with these changes and provide a tailor-made solution to your problem.
Contact us at nevileco@nevile.com.au to discuss further.
Disclaimer: This publication contains comments of a general nature only, and is provided as an information service.
It is not intended to be relied upon as, nor is it a substitute for specific professional advice.
Many of our foreign clients are interested in migrating to Australia; however, they are not sure if they can settle well due to language barriers.
The fact is Australia is a multicultural country. Based on the Australian Bureau of Statistics, the past decade has witnessed increasing numbers of Chinese and Vietnamese speakers migrating to Australia. At Nevile & Co, we are experienced in dealing with non-English speaking clients and we have experts in house who can speak your language.
Outside of visa applications, we can provide additional services for you and your family to settle well in Australia.
Need help? Contact us at nevileco@nevile.com.au to discuss further michelle.li@nevile.com.au . Read other related immigration articles.
Disclaimer: This publication contains comments of a general nature only, and is provided as an information service.
It is not intended to be relied upon as, nor is it a substitute for specific professional advice.
The Department of Home Affairs and the State Governments have confirmed the reform of Business Innovation and Investor Visa (Subclass 188) in July 2021.
Business Entrepreneurs and Investor are facing higher thresholds including assets and business turnover.
Below is a snapshot of the proposed changes:
- 188A Business Innovation Visa: Asset requirement will be increased from AUD$800K to AUD$1.25 million. Turnover is expected to increase from AUD$500K to AUD$750K.
- 188B Investor Visa: Increment of investment amount in Australia
- 188C Significant Investor Visa: Increment on investment amount in Australia
The State Governments are also implementing stricter rules on State Nomination Application.
Business Innovation and Investor Visa can lead to Permanent Residence Visa after qualifying periods. It is still one of the most advantageous visa options with high approval rate from the department.
Want to know more about the advantages of the Business Visa? Contact us for your free consultation and migration assessment.
For further information or enquiry on the above, please contact us or michelle.li@nevile.com.au .
