Global Talent Visa Applicants affected by the Fair Work High Income Threshold Change Starting 1 July 2023

Candidates for the Global Talent Visa should be able to demonstrate that they are currently earning an income equivalent to or higher than Australia’s Fair Work High Income Threshold or that they have received a job offer that will be paying an income equivalent to or higher than the High Income Threshold or that they have the ability to attract a salary at or above the Fair Work high income threshold.

The Fair Work High Income Threshold for the 2021-2022 financial year was AUD $158,500 per annum. This is indexed annually. 

What it is that, in Australia, this is “high income threshold” the amount or threshold which limits an employee’s access to the unfair dismissal jurisdiction. Meaning if the employee earns this amount or higher, they cannot file an unfair dismissal claim against their employer unless they are covered by an award or enterprise agreement.

However, this amount is also used as a helpful and convenient guide or tool to assess an applicant for the Global Talent Visa’s caliber in their sector.

For this financial year, Australia’s Fair Work Commission raised the High Income Threshold to AUD$162,000 per annum starting 1 July 2022.  This information can be found in the Fair Work Commission’s website - https://www.fwc.gov.au/high-income-threshold

What does this mean for those who already submitted their Global Talent Visa EOIs?

If you did not meet the high-income threshold requirement when you submitted your EOI, that is, you were not earning an amount equivalent to or higher than $158,500 per annum, this might mean that it will be harder for you to get an invitation.

We suspect that this is also the case for those who just reached the 2021-2022 high income threshold and who no longer meets the new amount.

What can you do?

If you have had an increase in your salary since submitting your EOI, we suggest that you update Global Talent of this if you haven’t already. You can do this by sending them an email to their general email address.

If you are one those who did not meet or were earning slightly above $158,500 but less than $162,000, then you might want to talk to your employer and request for a raise in your annual salary.

If you want more information about the Global Talent Visa, you can go to our website - https://www.workvisalawyers.com.au/news/global-talent-visa.html

You can also use our free Global Talent Assessment Tool - https://www.workvisalawyers.com.au/services/global-talent-distinguished-talent-visas/gtv-assessment-form.html

How can Work Visa Lawyers help?

Work Visa Lawyers can help you with all steps in the Global Talent visa application process, including with applications for nomination from the ACS.

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.

Contact us on (+61) 08 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

Book an appointment with one of our experienced Immigration Lawyers and Registered Migration Agents here.

Today’s blog will talk about the latest news about Australian immigration updates on the 1^st of July.

New Financial year 2022-2023 has started with many positive changes. Some Visa streams and concessions will be available for applicants to apply after 1st of July 2022.

This includes some key changes for certain visa subclasses in response to the covid-19.

Changes have been made is to address the skills shortage in some fields and supporting the economic recovery post pandemic.

Those changes we will cover in this Australian Immigration news are:

- TSS 482 Visa Short Term to PR 186 Visa

-  Predictions on Employer Sponsored Visa Programs in new Financial year 2022-23

- Temporary Graduate Visa 485 Changes with Concession in Skill Assessment and New 485 Visa Replacement Stream 

- Visa 462 with additional countries and a 30% increase in cap for some countries

- Visa Application Charge to be increased 3% 

- Global Talent Visa High Income threshold changes 

-  State Nomination Visa 491, Visa 190 Updates

These are changes made available after 1st July 2022 and any news in Australian immigration in the last 2 weeks before the financial year 22-23 starts.

We will be making more updates blogs and Australian Immigration news videos once new policy announces.

Let’s get into the changes made in July 2022.

Latest Australian Immigration Updates after 1st July 2022 with 482 Visa, 485 Visa concession, Global Talent Visa, Working Holiday 462 Visa and 491 Visa>>

Work Visa Lawyers is proud to be a multi-lingual company with Lawyers and Agents who can speak Mandarin, Vietnamese, Punjabi, Portuguese, and Tagalog.

Overview of Australian Immigration in 2022 - Post-Pandemic Covid-19

2021 has been a tough year with many ups and downs due to the impact of Covid-19.

2022 begins with many new positive policies that welcome international students and skilled migrants.

• Skilled visas 491, 190 and 189 will be prioritized in the next financial year.
• TSS 482 Short-term applicants can now apply for a PR 186 visa.

Recently, the most significant event is the election result held on 21 May 2022. This article will share the latest updates on Australian Immigration during May and June 2022. Moreover, we will demonstrate what we see in the new labour government to the Migration Policy of Australia in the next few years.

Can I be eligible for state nomination (491/190) from Migration SA if I am not working in my nominated occupation?

South Australia Visa 491/190 program is one of the most generous program in Australia. There are plenty of allocations for Skilled visa 491 and 190 in South Australia comparing to the small number of international students and workers here.

Therefore, South Australia has many streams for skilled migrants (the highest number of migration streams available among all states and territories).

Know the complicating of South Australia Skilled Visa 491 and 190 nomination streams, we are writing this blog for someone who is seeking permanent residency pathway when you are not working in your nominated occupation or if you are from Melbourne or Sydney and not confident to get your nominated job in South Australia.

A common question that we have been asked many times is:

"How can I get 491 or 190 state nominations from SA if I am working as an Aged Care Worker or a Disability Care Worker, whereas my nominated occupation is totally different such as Accountant or ICT related? "

Work Experience Exemption streams in South Australia State Nomination 491 visa and 190 Visa Available

Usually, to get state nomination for a General Skilled Migration visa, there is a requirement of work experience in the nominated occupation or in any closely related field.

SA is even providing a more generous definition of closely related occupation.

They do not use the first 4 digits of ANZSCO code to determine closely related. They expand the list by accepting first 2 digits or even all occupations in the same skill assessing authority will be counted as closely related occupation.

However, it varies between each occupation. We highly recommend you look up your own occupation on the website to check your closely related options.

For skilled migrants who are not able to find a job or who are working in Aged Care or Disability sector that is not related to their major, these streams are perfectly fit for your Australian Permanent Residency purpose.

Migration SA provides exemptions  for people who are living and working in outer regional South Australia or for people who are long term residents of SA.

Here are some of the exemptions you might be interested in:

• Exemptions for applicants living and working in OUTER REGIONAL SOUTH AUSTRALIA in any occupation

There are certain concessions to work experience requirements if you are living and working in outer regional of South Australia.

Check South Australia Eligible Outer Regional postcodes here >

According to this stream, Applicants living and working in outer regional South Australia for the last 12 months in any occupation (does not have to be a skilled occupation nor related to your nominated occupation) may be eligible to be nominated for a 491-visa nomination. 

Applicants living and working for the last 24 months in outer regional South Australia in any occupation, may be eligible to be nominated for 190 visa nomination. 

To be considered eligible for this stream, you must be currently living and working in SA Regional areas. 

What to be considered before apply for living and working in outer regional of South Australia Visa 491 and 190?

Missing one of those requirement will not be eligible for visa 491 or 190 in South Australia State Nomination.

If you are working remotely and currently living in outer regional of South Australia, it may not be counted as being eligible for the stream.

If you are studying in Greater Adelaide Area and living in outer regional of South Australia, you may not be eligible for the 491 or 190 nomination in SA.

Lower skilled occupations like cleaners, waitors and waitresses ARE ELIGIBLE as long as you are earning taxable income from a company in Regional of South Australia.

• Exemptions for international graduates of SA or their partners who are living and working in SA (including Greater Adelaide) as a long-term resident/s:

This may be a good option for applicants who have finished their studies from SA and are living and working in SA (including greater Adelaide) being long term residents of SA.

Under these exemptions, you may be eligible for subclass 491 nomination, if you have been living in SA for the last 3 years and you are working in SA for the last 12 months in a skilled occupation that is not your nominated occupation, including all Skill Level 1, 2, 3 occupations and Skill Level 4 Carers and Aides occupations.

For many graduates, they must have been in Adelaide for at least 2 years plus their temporary graduate visa 485  or Post study Work 485 Visa (These are 2 different streams under Subclass 485 Visa). Attaining 3 years of living and working in South Australia is so straightforward.

Those who are studying or complete their study in Accounting, ICT Major, Social Work, Community Work or Engineering in Australia will take the most advantage from long term resident SA 491 stream. 

With those students, they may at least be eligible for 491 if they work as aged care workers or disability support worker in South Australia for State Nomination Visa 491.

Please be mindful that lower skilled occupations such as cleaners, waitors or waitresses, kitchenhands are NOT eligible for the stream.

Please talk to our immigration lawyer to see if your current employment is eligible for the program.

Book an Appointment

• Work Exemptions for temporary visa holders residing in SA for 5 years:

You may be eligible for 491 nomination if you are residing in SA (including greater Adelaide) from last 5 years are currently working for the last 12 months in SA in a skilled occupation that is not your nominated occupation, including all Skill Level 1, 2, 3 occupations and Skill Level 4 Carers and Aides occupations.

Lower skilled occupations are not eligible

Not all the occupations have these exemptions available. We recommend that you check the requirements for your nominated occupation on SA Migration website before applying.

Who gets the benefit of SA nomination streams for Visa 491 and Visa 190?

Some of the occupations including Accountants and ICT related occupations, Social work, Community work or Engineering professionals are taking the most advantage of those streams above.

Those are courses that can get skill assessment immediately post-qualification without requirement of work experience canhave a lot of benefit of these streams in South Australia.

Especially, for international students interstate such as Melbourne or Sydney, you only need at least 12 months to apply for 491 visa or 24 months for 190 visa in South Australia Outer regional Area.

You may have a lot of work experience in Aged Care or Disability support, good time, South Australia is facing a severe shortage in health care sector in which having plenty of vacancies.

No matter who you are, where you studied or completed your study, South Australia always have an option for you to secure your Permanent Residency Pathway.

If you need help with deciding what your best option for South Australia state nomination visa 491 and 190, our team at Work Visa Lawyers is happy to help!

Source: https://www.migration.sa.gov.au/

Author:

Sumandeep Grewal , Registered Migration Agent at Work Visa Lawyers (MARN 2117667)

ACS NOMINATION FOR GLOBAL TALENT VISA OVERVIEW

The one stumbling block for a lot of potential Global Talent Visa applicants is getting a nominator. While they may have internationally recognised achievements and are prominent in their fields, they cannot find anybody who can or will nominate them.

The nominator for a Global Talent Visa must be an Australian citizen or permanent resident or an Australian organization and MUST have a ‘national reputation’ in the same sector as the applicant.

One of the organizations that have been recognized by the Department of Home Affairs to have a national reputation and that can provide nominations to eligible applicants for the Global Talent Visa is the Australian Computer Society (ACS).

ACS is the skill assessing authority for most IT skilled workers who want to get skill assessments for the Skilled Migration Program (Visa 491, 190 and 189) or Employer-Sponsored Program (TSS 482 Visa, Visa 186…)

ACS is listed in the top 10 nominators of 2021 for Global Talent Visa program since this is one of the first choices for technological talents to sign up for their nominator.

We have previously discussed the process of applying for an ACS nomination back in June 2020. However, the ACS nomination process had changed since then.

Have you heard of a visa with no application charge but full work rights available now?

A waiter, a cleaner, or even a security officer can get this visa if you have no other visa options.

Let’s find out what that is!

Full information about 408 Visa here >>

Australia has been known for exceptional high-quality education and a quality lifestyle, with four of its cities – Adelaide, Perth, Melbourne, and Brisbane being in the top 10 livable cities the world over.

Australia is home to 43 universities, some of them in the world’s top 100 Universities.

Australia is a safe and welcoming country; most students want to settle in Australia and get Australian Permanent Residency.

It is to be mentioned here that only a qualification cannot get a Permanent residency in Australia; you would also need to work in your occupation for a year or two to secure PR options in Australia.  So, you must have a genuine interest in the subject you study, and you are willing to work in the area after completing your study.

Being in the migration industry long enough, we have seen many students push themselves into a course of study for PR purposes, and after a few months, they want to change their major because they did not have any interest in the subject.

To follow the article about “where I should study in Australia ”, international students may be in the middle of career pathway (Big cities with giant organizations and job opportunities to grow) and PR pathway (Regional areas with higher chances of getting permanent residency).

The 2 goals do not normally share the same way for most international students. So which states in Australia are the best for each type?

Click here to read the article >

Before choosing suitable courses to study, we may need to look at some points to understand better how you will get an Australian permanent residency.

There are two most popular visa streams to get Australian PR:

• Skilled Visa (Subclass 189, 190, and 491)
• Employer-Sponsored Visa (Subclass 482, 494, DAMA and 186 Visa)

The standard requirements listed in those streams are:

• Qualification of your study that meets the Australian Qualification Framework (AQF)
• Postive Skill Assessment
• Work experience in nominated occupation
• English and Age requirements

Book an Appointment

Here we discuss a few courses from the Australian Permanent residency point of view.

Here are certain things you should consider about courses that can lead to Permanent Residency in Australia:

• You must complete a minimum of two years of study in Australia, depending on the level or course of study.
• Your study program should be CRICOS
• You should apply for a PSWV (Post Study Work Visa 485) 485 visa or Temporary Graduate Visa 485 within six months of completing your course in Australia.
• You must follow ANZSCO(Australian and New Zealand Standard Classification of Occupations) job descriptions.

DAMA program can access either the Labour Agreement stream of the 482 visa, or the Labour Agreement stream of the 494.

For the purposes of this article, I will focus on the DAMA 482 programs and comparing it with TSS 482 Medium Term stream and TSS 482 Short Term Stream.

For anyone who has been on TSS 482 Short term in Australia during the pandemic, you might be eligible for a PR Pathway to 186 Visa. Read TSS 482 Short to PR here !

For other programs, you only need to meet the criteria of each streams you are aiming toward and apply for the visa. As long as you provide all supporting documents required by the Department of Home Affairs, you will just need to wait for the result.

It is not like that in Global Talent Visa Australia.

Through the process of expressing your interest in the Global Talent Independent program, you have to make sure the documents show your best aspect of your expertise in the Targeted Sectors.

New Changes in ethical obligations of RMAs

As of 1 March this year, the new Migration (Migration Agents Code of Conduct) Regulations 2021 (“Code of Conduct”) came into effect, setting out the ethical obligations of RMAs with respect to their clients, their profession and other practitioners.

Maintenance of a high ethical standard across the migration law profession is essential to maintaining faith in the system, obtaining positive and consistent results for clients, and facilitating timely and efficient interactions with the Department of Home Affairs, the Administrative Appeals Tribunal, the courts, and any other stakeholders and beneficiaries of the migration law industry.

The 2014 ‘Kendall Review’ provided impetus for a revised and reworked code of conduct to update the previous iteration that it found to be overly long, clumsily structured, overly prescriptive, and with certain provisions onerous, confusing and inconsistent with consumer and practitioner expectations and modern business practices.

With the stated aim of creating a world class migration advice industry the new Code of Conduct is twice as long as the previous iteration and remains full of prescriptive, highly specific provisions. It is written in denser ‘legalese’ language, rather than ‘plain English’, it imposes a greater compliance and administrative burden on practitioners, and seems to remain, in some parts, inconsistent with consumer expectations.

That said, the Code of Conduct enshrines the key ethical responsibilities that RMAs have to their clients, the profession, and other practitioners. While we have both RMAs and lawyers (who are technically not subject to the Code of Conduct) at Work Visa Lawyers, such considerations are to always be kept front-of-mind. As a migration law firm one of our highest priorities is the maintenance of a very high standard of service and we gladly accept our accountability to our clients, the Department, and our fellow practitioners for the quality of the service we provide.

The explanatory statement of the new Code of Conduct sets out the purported aim to

“…clarify and revise a migration agent’s obligations including obligations to notify certain events… enable migration agents to more clearly understand their obligations and implement best practices followed in comparable industries, including obligations relating to advertising, managing clients’ accounts, managing conflicts of interest and working in a business with others who may not be RMA’s”

The Code of Conduct itself provides its purpose at section 5 as being to:

• Protect clients of migration agents; and
• Strengthen the integrity of the immigration advice industry and Australia’s immigration system.

The most useful way to get a sense of the ethical obligations set out in the Code of Conduct is by way of a brief look at the section titles of the six Divisions of Part 2 of the Code of Conduct.

Part 2—General duties

Division 1—General

13.......... General duty to act professionally, ethically etc

14.......... Duty to treat all persons with appropriate respect

15.......... Duty not to make false or misleading statements

16.......... Duty not to threaten to contravene this instrument

Division 2—Duties relating to Australia’s immigration system

17.......... Duty to comply with migration law

18.......... Duty not to undermine the migration law

19.......... Duty not to give futile immigration assistance

20.......... Duty to avoid making false or misleading statements etc. to government officials

21.......... Duty relating to correcting false or misleading statements etc

Division 3—Duty to maintain skills and knowledge

22.......... Duty to maintain skills and knowledge

Division 4—Duties relating to practice management

23.......... Duty to ensure that immigration assistance is given only by registered migration agents

24.......... Duties relating to work or services performed by persons other than registered migration agents

25.......... Duties relating to MARN

26.......... Duties not to make false or misleading statements in promoting business etc

27.......... Duty to hold professional indemnity insurance

Division 5—Duties relating to keeping Authority, clients, Department and review authority informed of matters relating to migration agent

28.......... Duty to notify Authority and clients of material changes in matters shown in Register

29.......... Duty to notify Authority of changes in circumstances relevant to agent’s continued registration

30.......... Duty to notify clients, Department and review authority if registration suspended

31.......... Duty to notify clients, Department and review authority if registration expected to lapse

Division 6—Duty to respond to requests from Authority for information or documents

32.......... Duty to respond to requests from Authority for information or documents

From this brief look at some of the core duties dealt with by the Code of Conduct we can get a sense of the key areas that RMAs must look to fulfil their ethical obligations.  RMA’s have obligations to their clients; to the migration laws of Australia, the Department; and to themselves and their profession.

The ethical obligations as set out in the new Code of Conduct supports the stated aim of creating a world class migration advice industry in which integrity is paramount to obtaining a fair, legally sound, and justifiable decision. These ethical standards create equity for all applicants and practitioners before the law and ensure a level playing field.

Requirements on practitioners to ensure that they maintain a high level of skills and knowledge of the ebb and flow of migration law, alongside those duties relating to practice management, compels RMA’s to only take on matters which they are skilled and knowledgeable enough to conduct well and can give clients comfort that any RMA that they engage to assist with a migration law matter will have the skill, knowledge, and expertise to provide assistance.

These expectations are clearly set out in section 13 of the Code of Conduct, which reads as follows:

13  General duty to act professionally, ethically etc.

             (1)  A migration agent must act:

                     (a)  professionally; and

                     (b)  competently; and

                     (c)  diligently; and

                     (d)  ethically, honestly and with integrity.

Note:          The other provisions of this instrument supplement, but do not limit, the general duties in this subsection.

             (2)  A migration agent must not engage in conduct (whether in the agent’s capacity as a migration agent or in any other capacity) that is reasonably likely to damage the reputation of migration agents or the immigration advice industry.

Author

Lochlan Reef MacNicol, Lawyer & Registered Migration Agent at Work Visa Lawyers