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Condition 8547 and seeking permission to work with an employer for more than 6 months

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…
Mihan Hannan
17 October, 2023

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 Young
28 September, 2023

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 Hannan
27 September, 2023
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 Hannan
27 September, 2023
australian resident visaImmigration

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 Hannan
31 August, 2023

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 Lim
25 July, 2023

Increased visa application charges from 1 July 2023

The Australian government increased visa application charges (VACs) from 1 July 2023. Visitor, working holiday, work and holiday, training, temporary activity, and temporary work (short stay specialist) visas increased by a further 21% in addition to CPI. Business innovation and investment visas are increased by a further 46% in addition to CPI. The remaining visas are increased by 6% in addition…
Mihan Hannan
4 July, 2023
australian resident visaImmigration

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 Tew
25 May, 2023
australian immigration practiceImmigration

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 Tew
9 May, 2023
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What are the visa options to hire foreign talent as an employer?

The global talent crunch is real, with “fewer babies, lower high school and college enrollment, rapid wage inflation, near-record unemployment, a skills shortage, the Great Resignation and the remnants of Covid-19 … all conspiring to hinder future business growth.” Securing access to the foreign talent pool is more important than ever before in ensuring that businesses can continue to provide…
Lucinda Lim
7 February, 2023

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 Tew
22 November, 2022
ENS visa processing timesImmigration

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 Hannan
18 November, 2022
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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 Campanaro
20 September, 2022

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 Tew
2 September, 2022

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 Hannan
19 August, 2022
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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 Hannan
29 June, 2022
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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 Hannan
20 January, 2022

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 Hannan
30 September, 2021
australian resident visa189General 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 Young
7 July, 2021

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 Tew
22 June, 2021
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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 Tew
28 May, 2021
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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 Young
6 May, 2021
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 Hannan
20 March, 2021
australian resident visaImmigration

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…
13 February, 2021
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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 Tew
1 October, 2020
australian immigration practiceImmigrationStudent

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 Hannan
17 August, 2020
australian immigration practiceCovidImmigrationTravel restrictions

Update from the ABF Commissioner expanding the “critical skills” and “critical sectors” travel exemption categories

Although Australia’s strict border restrictions due to COVID-19 continue to be in force, the ABF Commissioner may grant a temporary visa holder an exemption for a limited number of reasons: a non-citizen travelling at the invitation of the Australian Government or a state or territory government authority for the purpose of assisting in the COVID-19 response providing critical or specialist…
Mihan Hannan
29 July, 2020
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 Hannan
15 July, 2020
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 Zhang
29 April, 2020
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Received a visa refusal? Here’s 6 tips on how to make the most of your appeal

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 Tew
17 April, 2020

What are the English Language requirements for an Australian visa (in plain English)?

Depending on the visa you apply for in Australia, a visa applicant 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 from English…
Mihan Hannan
13 January, 2020
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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 Tew
16 May, 2019
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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…
23 January, 2018
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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…
6 December, 2017
child migration australiaCitizenshipImmigration

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…
9 August, 2017