Critical Technology Visa Screening On 1 July 2022, the Migration Regulations 1994 were amended to establish a framework supporting targeted visa screening to identify and manage the risk of unwanted transfer of critical technologies in certain visa programs. The Department of Home Affairs has introduced a visa screening system to manage the risk of unwanted transfer of critical technologies. To identify and manage the risk of unwanted transfer of critical technologies in certain visa programs these amendments were made by the PACT (Protecting Australia’s Critical Technology) Regulations 2022 ..read more

What is the Pacific Engagement Visa? In 2024, the Australian government will introduce a new permanent residence program. Under this program it will introduce a new subclass 192 – Pacific Engagement Visa. The Pacific Engagement Visa will be a new permanent resident visa program for participating countries across the Pacific and Timor-Leste. How will it work? Each year up to 3,000 visas, inclusive of partners and dependent children, will be allocated to Pacific islanders from participating countries through a random electronic ballot process. Those selected in the ballot will be able to apply f ..read more

Click below to listen & subscribe: On 23 May 2023, Australia and India entered into a Migration and Mobility Partnership Arrangement (MMPA). The MMPA is a bilateral framework that supports and promotes two-way migration and mobility between our two countries while addressing issues pertaining to illegal and irregular migration. The Mobility Arrangement for Talented Early-professionals Scheme or (‘MATES’) is a new scheme, established under the MMPA, to enable the temporary mobility of Indian university graduates and early career professionals. MATES aims to encourage mutually-beneficial ..read more

BACKGROUND The temporary skilled migration system makes up 9 per cent of the total temporary migration system. Currently, an overseas worker who wants to ply their trade as a skilled sponsored worker must apply for the Temporary Skill Shortage visa (TSS) – subclass 482. Workers who apply for this visa within the short term and medium-term stream must be paid above the TSMIT of $70,000 by their employers. WHY ACTION IS NEEDED A review of the system in April 2023 found that it does not work the way it was intended to. This single employer sponsored model has led to a power imbalance between the ..read more

WHAT’S WRONG? After a careful review of the Migration System in March 2023, stakeholders who were consulted on this issue shared concerns that international student recruitment is partly being driven by some unscrupulous education providers helping non-genuine students to gain access to Australia’s labour market using a student visa. The Nixon Review which made recommendations relating to the exploitation of Australia’s student visa program acknowledged that the exploitation appears more prevalent among VET courses. Some of the VET providers have exploited the system and broken the migration l ..read more

  The Minister for Home Affairs and Cyber Security, the Hon Clare O’Neil MP, established a Rapid Review into the exploitation of Australia’s Visa System after media allegations of visa rorts, migrant worker exploitation, sex trafficking, and Registered Migration Agent (RMA) misconduct were aired in Oct/Nov 2022. Ms Christine Nixon AO, APM was tapped to lead the review. The review looked into the gaps and weaknesses in Australia’s visa system and how they were being exploited by unscrupulous people for money laundering and other criminal activities. The review makes 34 recommendations to p ..read more

  For some visa types, an employer must show the DHA they can’t find a suitable Australian worker. For these visas, if you nominate an overseas worker, you will need to test the local labour market. Labour market testing (LMT) generally involves advertising the position in Australia. 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 pe ..read more

  If you fail to meet the health requirement, a visa processing offer may consider exercising a health waiver, if it is available for your visa subclass, and contact you to advise you of this and seek further information from you. A health waiver is only available for some visa subclasses. You do not need to apply for a health waiver. If a Medical Officer of the Commonwealth (MOC) finds you do not meet the health requirement, the DHA may exercise a health waiver for you if you meet all other eligibility criteria for the visa and they are satisfied that granting you the visa is unlikely to ..read more

​​​​​From 25 November 2023* (subject to the approval of regulation changes), the changes will provide employers and holders of Temporary Skill Shortage (TSS) visas with more certainty and ensure Australia attracts and retains the skilled workers it needs.​ Changes to be Implemented (TSS) Government plans to remove the limit on the number of Short-term stream TSS visa applications that visa holders can make in Australia. This change is intended to apply to new TSS visa applications made on or after 25 November 2023. Short term-stream TSS holders with visas expiring before 25 Nov 2023 will need ..read more

  Some businesses can sponsor overseas skilled workers when they are able to demonstrate their needs cannot be met in the Australian labour market. Such occupations would not exist on the Skilled Occupation List. Depending on the visa type and stream and the desired occupation, you may need to be approved as a sponsor or you may need to have negotiated a labour agreement with the Department. For some visa types, you must show that you can’t find a suitable Australian worker. For these visas, if you nominate an overseas worker, you will need to test the local labour market. Labour Market T ..read more