1. Important Policy Update: Onshore Contributory Aged Parent and Onshore Aged Parent Visas
The first update to one of Australian Visa is in relation to the contributory aged parent visas. The MIA has received several inquiries about a recent verbal policy change from the Department affecting onshore contributory aged parent (subclasses 864 and 884) and onshore aged parent visa subclass 804.
What’s Changed?
Previously, if the primary applicant for these visas passed away before their application was assessed, the secondary applicant could continue the application process even if they were not ‘aged’ at the time of application. This has been identified as an incorrect interpretation of Schedule 2.
New Policy Interpretation:
- The secondary applicant must have been ‘aged’ at the time of application to replace the primary applicant.
- If the primary applicant passes away and the secondary applicant was not ‘aged’ at the time of application, the application will now be refused upon decision.
Impact:
- The Department is contacting affected applicants to advise them on their options.
- There is no assurance that re-applying will preserve their place in the queue.
What to Do:
If you or your loved ones are affected by this change, it’s essential to seek professional advice to understand your options. Contact us at [email protected] to explore your next steps.
2. South Australia’s Skilled Migration Program for 2024-2025 is Now Open!
The second update to one of Australian Visa is in relation to skilled visas nominated by South Australia. South Australia (SA) offers numerous opportunities for skilled visas. Here’s what you need to know:
Onshore Streams:
- 464 occupations are available for onshore applicants who can now submit a Registration of Interest (ROI).
- Skilled Employment in South Australia Stream: For those committed to South Australia with local work experience in their skilled occupation.
- South Australian Graduates Stream: Retains graduates who studied and work in their skilled occupation in SA.
- Outer Regional Skilled Employment Stream: Supports skill shortages in outer regional areas of SA.
Offshore Stream
- 427 occupations are open to experienced overseas workers.
- Offshore applicants will be considered through their SkillSelect EOI and may receive invitations to apply for state nomination.
Eligibility
- Active EOI with South Australia as the preferred state.
- Under 45 years old, valid skills assessment, Competent English and relevant work experience.
To assess your Australian visa eligibility, please contact us at [email protected] for expert assistance.
3. Victoria Skilled Migration State Nomination Program is Open Today!
The third update to one of Australian Visa is in relation to skilled nomination offered by Victoria. Victoria is offering 5,000 places for skilled visas. Don’t miss out on these opportunities! Here’s what you need to know:
Subclass 190 – Skilled Nominated Visa:
Victoria is offering 3,000 places for the Skilled Nominated Visa Subclass 190:
- Residency: Must reside in Victoria if onshore; offshore applicants must commit to moving to Victoria.
- Employment: No work experience is needed, but, if employed, your employment does not have to be related to or the same as your nominated occupation. If you claim earnings, they must come from skilled employment from an employer physically located in Victoria.
- Commitment: Must commit to living and working in Victoria; state nominations can’t be transferred.
- Eligibility: Must be under 45 years old, speak competent English and possess a valid skills assessment in a relevant occupation.
- ROI: Registration of Interest (ROI) is required for nomination but doesn’t guarantee selection.
Subclass 491 – Skilled Work Regional (Provisional) Visa:
Victoria is offering 2,000 places for the Skilled Work Regional Subclass 491 visa:
- Residency: Onshore applicants must live in regional Victoria; offshore applicants must commit to doing so.
- Employment: Must work in a skilled job (Level 1, 2 or 3) for an employer in regional Victoria. Offshore applicants don’t need to claim earnings in their ROI.
- Commitment: Must show dedication to living and working in regional Victoria.
- Eligibility: Must be under 45 years old, speak competent English and possess a valid skills assessment in a relevant occupation.
- Priority: ROIs from offshore applicants with healthcare, social services and education skills are prioritised
Virtual offices are not accepted.
To assess your Australian visa eligibility, please contact us at [email protected] for expert assistance.
4. Major Update on Subclass 482 Visa Policy
Lastly, the fourth update to one of Australian Visa is in relation to subclass 482.
Effective 2 August 2024, there have been significant changes to the Subclass 482 visa policy regarding the Short Term Stream Genuine Temporary Entrant (GTE) requirements.
The new policy simplifies the GTE assessment process, with the default assumption being that GTE is met unless specific concerns arise. This means that factors like holding a string of temporary visas or prolonged stays in Australia are no longer automatically considered against GTE.
However, certain factors may still weigh against GTE requirements being met:
- Non-compliance with previous visa conditions or visa cancellations (except for 457 or TSS visa cancellations following cessation of employment while offshore).
- Substantive inconsistencies in the applicant’s TSS visa application.
- Multiple unsuccessful TSS applications, especially where there are changes in nominated occupation or inconsistencies with previous employment or studies.
- Inclusion in a cohort flagged for migration fraud or immigration compliance issues.
- A concerning immigration history, including visa refusals or non-compliance in other countries.
These updates aim to streamline the visa process while maintaining integrity within the system. If you are unsure about how these changes might affect your business or employees, please reach out to our experts at Albert Arthur Lawyers for more information.
How Can We Help
The changes to Australian visas are significant and wide-ranging, impacting various Australian visa requirements. It is crucial for individuals and employers to stay informed about these changes to ensure compliance and make the most of the new opportunities available. If you have any questions or need assistance, please contact our team for expert guidance.
