The Australian government’s federal budget for 2024 -2025 will contain some changes to immigration policy. These changes have been anticipated for several months. It is part of a strategy that aims to both return immigration to pre-COVID levels, and to attract migrants with talents, abilities and critical skills into employment sectors where they are needed.

There are now changes to the permanent Migration Programme. Planning levels for 2024-2025 have been set at 185,000 places.

This divides up as:

Skilled Stream

132,200 places (approximately 71% of the program) are allocated to this stream to enhance the economy’s productive capacity and address labour market skill shortages, particularly in regional Australia.

Family Stream

52,500 places (approximately 28% of the program) are focused on family reunification, predominantly through Partner visas. This stream includes

40,500 Partner visas and 3,000 Child visas.

Special Eligibility Stream

300 places are reserved for visas under special circumstances, such as for permanent residents returning to Australia after a period overseas.

These changes reflect Australia’s commitment to a well-targeted, skills-focused migration strategy to supplement the working-age population, boost labour force participation, and strengthen family social cohesion. Talk to us, your Immigration Lawyer in Sydney, if you are interested in immigrating and see a Visa path for which you might be eligible.

Changes to Australia’s Temporary Skills Shortage (TSS) Visa – Short Term Stream

Australia is set to make some changes to the Temporary Skills Shortage visa, also known as Subclass 482, with the aim of attracting more skilled workers to the country. The proposed amendments, effective from November 25, 2023, will impact the renewal limits for the TSS visa – Short term stream and provide more flexibility for skilled individuals seeking employment in Australia.

Renewal Limit Removal

The key change in the proposed plan is the removal of the limit on the number of TSS visa – Short term stream applications. This means that individuals applying for a TSS visa – Short term stream after November 25, 2023, can have their visas renewed as many times as required.

If you need help on Temporary Skills Shortage (TSS) Visa, contact our immigration lawyers in Sydney now.

Navigating Visa Extensions and Expired Visas: What You Need to Know

If you’re currently in Australia on a visa and find yourself in a situation where you wish to stay longer, it’s crucial to understand your options. Depending on your circumstances and the visa conditions, you may be eligible to apply for another visa. In this blog post, we’ll explore the various scenarios and considerations you should be aware of when it comes to visa extensions and expired visas.

Apply for a New Visa:

When you apply for a new visa in Australia before your current one expires, you may be granted a Bridging visa A (BVA). This important document covers the period between the expiration of your current visa and the official decision regarding your new visa. This essentially allows you to temporarily extend your stay in Australia.

No Further Stay Conditions:

Certain Australian visas come with a No Further Stay condition, which typically means you cannot apply for most temporary or permanent visas while in Australia other than a protection visa. However, there are situations where you may be able to apply for a waiver to this condition. This could be due to significant changes in your circumstances (while you hold this visa) that are beyond your control, such as a serious illness preventing travel or war/civil unrest in your home country.

Dealing with Expired Australian Visas:

If your visa has already expired, your options become significantly limited. The Australian government typically expects individuals in this situation to return to their home country. If you leave Australia without a valid visa, the Department of Home Affairs could refuse to grant you another visa for up to 3 years, except in limited circumstances.

Consider Your Visa History:

It’s crucial to keep in mind that your previous visa history will always be taken into account when applying for a new visa. If you’ve had a prior visa cancelled or failed to meet work or study conditions, it could negatively impact your chances of a successful visa application. Seeking the guidance of an experienced immigration lawyer, well-versed in the legal requirements, can greatly improve your chances of obtaining visa approval.

Conclusion:

Navigating visa extensions and dealing with expired visas can be a complex process but understanding your options and seeking professional advice can make all the difference. Whether you’re applying for a new visa before your current one expires, dealing with a No Further Stay condition, or addressing an expired visa situation, knowing your rights and responsibilities is key. Remember, consulting with an immigration lawyer who understands the legal nuances can significantly increase your chances of success in obtaining the visa you need.

Changes to Working Holiday visa (Subclass 417) for UK passport holders

Exciting news for adventurers and travellers! There have been some noteworthy changes to the Working Holiday visa (Subclass 417) program for those seeking to explore the dynamic landscapes of Australia. If you’re a UK passport holders dreaming of kangaroos and beaches, these changes are designed to enhance your experience.

New Age Limit from 1 July 2023

One of the most significant changes is the adjustment to the age limit. Previously, applicants were required to be under 30 years old, but now, the age limit has been extended to 35. This means more people can seize the opportunity to embark on this incredible adventure.

Removal of specified work requirements from 1 July 2024

Currently, there are strict work requirements for second and third visas. Applicants are required to have completed at least three months of specified work before applying for a second visa and six months of specified work for the third visa. These requirements will be removed, providing more flexibility and opportunities for those who want to extend their stay Down Under.

Visa History Considerations

It’s essential to remember that your previous visa history matters. If you’ve been refused/cancelled a visa in the past, it may affect your eligibility for the Working Holiday visa. In such cases, seeking advice from immigration lawyers can be a wise move to navigate the application process successfully.

These changes are designed to make your working holiday adventure more accessible, flexible, and exciting than ever before. Happy travels!

Permanent residency in Australia is a legal status that allows foreign nationals to live, work, and study in Australia indefinitely. It is a significant step toward full integration into Australian society and offers a range of benefits to those who obtain it.

Eligibility Criteria

To be eligible for permanent residency in Australia, individuals typically need to meet specific criteria set by the Australian government. These criteria may include factors such as:

• Skills and Qualifications: Many permanent residency pathways are based on skills and qualifications. Applicants may need to demonstrate their proficiency in an occupation listed on the Skilled Occupation List (SOL) and meet certain skill and experience requirements.
• Employment Sponsorship: Employer-sponsored visas offer a pathway to permanent residency for skilled workers sponsored by an Australian employer.
• Family Reunification: Some individuals may be eligible for permanent residency through family reunification, particularly if they have a close relative or are in a relationship.
• Humanitarian and Refugee Program: Refugees and individuals in need of humanitarian protection may be eligible for permanent residency through Australia’s humanitarian and refugee program.
• Business and Investment: Entrepreneurs, investors, and business owners may be eligible for permanent residency through various business and investment visas.
• Special Eligibility: Certain individuals may be eligible for permanent residency under specific agreements or special eligibility criteria.

Rights and Responsibilities

Permanent residents in Australia enjoy a range of rights, including:

• The right to live, work, and study in Australia indefinitely.
• Access to healthcare through Medicare.
• The ability to apply for Australian citizenship after meeting eligibility criteria.

Conclusion

Obtaining permanent residency in Australia is a significant milestone for foreign nationals seeking to establish a long-term life in the country. It offers a pathway to full integration into Australian society, allowing individuals to contribute to the nation’s cultural and economic diversity. Understanding the eligibility criteria and navigating the application process are crucial steps toward achieving this status.

Changes for Immigration Lawyer Sydney

In April of this year, the Australian Government reviewed immigration policies. This seems to be the biggest review since the 1988 Fitzgerald Report. Issues such as temporary immigration, skills lists, immigration backlogs, care shortages and aging technology were looked at. One central concern was whether Australia has become reliant on temporary migrants who are not being offered clear pathways to permanent residency.

Immigration had steadily increased in the 1996–2007 period, with temporary visas remaining uncapped since this time. The number of temporary visas has doubled since 2007. The people holding these visas did not always have a clear path to permanent residency (PR), so they often took several temporary visas in succession before sometimes gaining PR.

The 2023 review considered the temporary visa situation to be harmful if there is no path to PR. Workers can be exploited, especially if they are in lower occupational code employment. This is partially addressed with the increase in the minimum threshold from $53,900 to $70,000.

There is concern that the skilled occupation list is not working as it cannot keep up with the constant changes in the labour market. A more streamlined, less complex system is suggested, looking at migrants with specific in-demand skills, migrants with broad, socially useful education, and those who fall into the ‘exceptional case’ criteria.

Australia has one of the most complex visa systems, with over 100 types of visas and other tailored labour agreements. There is a huge backlog of applications, partially due to older computer systems.

Concerns include the reduction of one pathway putting more pressure on other pathways. If there are fewer international student places then more people will try to immigrate on a sham spousal application. There is also concern that the reduction of international student visas or holiday visas will affect institutions and employers who rely on these workers.

Of course, an influx of migrants will need suitable accommodation, which is presently in short supply in this country.

Immigration Lawyer Sydney

There are several paths to migration and PR in Australia, but the system is changing. Talk to us about the best legal pathway.

The Government’s immigration policy presently wants more temporary migrants in order to fill labour shortages. This makes sense if the jobs are there and people with appropriate qualifications are willing to fill them. But we can all too easily overlook the supporting infrastructure, such as having enough housing, namely rental accommodation, for these new immigrants.

Rental prices are constantly increasing, and while there are a number of new homes being built, it is far short of what is needed for the expected 400,000 additional people expected by the end of the financial year.

The total number of immigrants to Australia is actually lower than anticipated, due to the COVID-19 pandemic restrictions. So, the problem could have been worse. Really, the housing shortage should have been addressed a decade ago. The immigrants are not the cause of the accommodation shortage. Rather, it is a case of the immigrants we need not being looked after with sufficient accommodation.

Many of the immigrants we see in the next year will be returning international students, and a fairly high number of working holiday makers. This is expected to peak over the course of the year, and then taper off as the backlog of potential migrants held back by COVID-19 restrictions all gain entry to the country.

The Government intends to limit the number of permanent migrants to 195,000 per year. It is unclear how this relates to those already in the country on temporary visas. There are an estimated 1.8 million people presently in Australia under the temporary visa scheme. These people need accommodation whether they are on a path to permanent migration or just staying for the duration of their employment.

Presently, about 60% of those accepted for permanent migration were initially on a temporary visa. Only a small number of these were from employer-sponsored schemes. This implies that not too many migrants are filling the labour shortages. At the same time, it also implies that there are a significant number of positions in the labour market for migrants with decent, appropriate qualifications.

Our Immigration Lawyers Sydney are aware of the ever-changing migration situation. There are presently employer-sponsored visas and other opportunities to fill vacancies in the labour market. We look at the best paths to legal immigration.

Immigration Lawyer Sydney

Immigration law is complex and has changed due after Covid restrictions. Consult an immigration Lawyer for the best legal Visa application.

The recovery period after COVID-19 has seen some significant gaps in the Australian workforce. Some skilled and professional positions are presently short-staffed, and will remain so for a few years even as we encourage migration to fill these positions.

The skilled migration program lists occupations in Australia that are presently being offered to foreigners. This list was largely put on hold when COVID became serious, in early 2020. It has been revised to suit the situation in 2023.

The most needed areas that can be filled by foreign applicants include:

• Civil Engineering
• Early Childhood Teachers, Secondary School Teachers
• Registered Nurses
• Information and Communications Technology (ICT)
• Construction Managers
• Software and Applications Programmers
• Electricians
• Metal Fitters and Machinists
• Plumbers
• Child Carer Workers
• Age and Disability Carers
• Chefs

Some occupations previously on the list have now been removed, as they have been partially filled. However, there are still a fair number of these positions available, and applications for most of these positions are still being accepted and often approved.

• ICT Security Specialists
• Analyst Programmers
• Developer Programmers
• Software Engineers
• Software and Applications Programmers
• Chief Executives
• Accountants
• Engineers
• Veterinarians

Many occupations not listed are still taking some applications as there are vacancies in some areas of Australia.

There are several applicable Visa paths to immigration:

• 482 Visa (TSS) Temporary Skill Shortage
• 494 Visa (Provisional) Skilled Employer Sponsored Regional
• 186 Visa (ENS) Employer Nomination Scheme
• 187 Visa (RSMS) Regional Sponsored Migration Scheme

Our Immigration lawyers Sydney can advise on the best immigration path. This mean the right type of Visa, and the right documents for application. Immigration lawyers are specialists and offer the best chance for Visa approval.

Immigration Lawyers Sydney

Immigration on a skill shortage Visa is a good option for those with appropriate qualifications. Talk to us about the best options.

494 Visa and Immigration Lawyers Sydney

The skilled employer Sponsored Visa (subclass 494) is a Department of Home Affairs visa that allows regional employers to fill vacancies in the workforce. These are useful labour areas that are presently understaffed and cannot be completely filled by those already in the country.

To nominate such a skilled position both the employer and the vacant position being offered must be assessed by a regional governing body.
This assessment requires that:

• The position being offered is on the medium- or long-term strategic skills list. The job is needed now and will continue to be needed for several years to come.
• The individual to be employed will be paid, at the minimum, the annual market salary rate for their occupation.
• The individual will have 3 years of relevant work experience in the field where they will be working.
• The individual should have relevant skills, though some exceptions may apply.
• The individual should continue with the same employer who sponsored them, though exceptions may apply of the work situations changes.
• The individual must have reasonable English language ability, the level of which may vary depending on the type of work being offered.
• The individual must be in good general health. Any family members accompanying the applicant must also be in good general health.
• Individuals are generally under the age or 45, though exceptions may apply.
• The individual should not have had a previous Australian Visa cancelled, though in some circumstances they may appeal this situation.
• The individual should not have any debt to the Australian government. This may be waivered if you are show you have already arranged payment.

The assessment for the position must have been obtained no more than three months before the date of application for the Visa. After three month a more up-to-date assessment will be required. This is because the employment situation can change in the space of three months.

The successful applicant may:

• Live and work in Australian for up to 5 years.
• They may leave and enter Australia as required during these 5 years.
• They may be eligible to bring some family/partner with them to Australia.
• Under most conditions they may apply for permanent residency after 3 years of working in Australia. The granting of permanent residency is not guaranteed.

The application fee is $200.
Process time for the Visa is presently about 28 days.

494 Visa and Immigration Lawyers Sydney

Visas for potential immigration are available for individuals filling work shortages in rural Australian, sponsored by employers.

It can be difficult to gain an Australian Visa. It is even difficult to know which visa to apply for. Permanent residency and Australian citizenship are equally difficult to obtain. Good advice from an experienced immigration lawyer can make all the difference.

A good immigration lawyer will take a tailored approach to the proceedings. They will have a background representing a wide range of clients and considerable expert knowledge of the ever-changing field.

There are a considerable number of people applying for visa immigration and citizenship at any one time. It is easy for individual applicant to get lost amid these numbers, and the worse for being lost amid the regulations and paperwork. An immigration lawyer can simplify the process and significantly increase the chances of success.

Why use an Immigration Lawyer Sydney

• All legal policies, including immigration, are too complex for anybody that does not have the appropriate background knowledge. Even lawyers who specialise in one area will consult a lawyer when dealing with a different area of the law.
• A good immigration lawyer will create a personalize plan for your individual situation. Just being able to know the most appropriate visa to apply for make a huge difference.
• A qualified lawyer will act as a third party to your visa case. This provides an impartial perspective for your situation.
• It is easy to get side-tracked with regulation that are unrelated t your case, which are hard to distinguish form the regulations that are relevant. Lawyers avoid most of this confusion.
• The qualified lawyer prevents unnecessary mistakes and delays. Some Visa mistakes can prevent you from reapplying, or from reapplying for several years.
• If you are initially unsuccessful the immigration lawyer will have some alternate avenues for application.
• While you case is probably unique the lawyers past experience across many different cases will give them a significant advantage in find the best immigration past for you.

Look for an immigration Lawyer who emphasises integrity, honesty, and confidentiality.

Immigration Lawyer Sydney

Immigration law is complex and has changed due after Covid restrictions. Consult an immigration Lawyer for the best legal Visa application.