EMPLOYER SPONSOR SUBCLASS 482 VISA – CHANGES & REFORMS

In its current form this visa addresses Labour Shortages whilst also offering the nominee a potential pathway to Permanent Residency.

And although some minor changes were made to this stream last year, such as;

  • Raising the Temporary Skilled Migration Income Threshold (TSMIT) from $53,900 to $70,000 and
  • Introducing a pathway to Permanent Residence for most temporary Skilled Visa holders and
  • Removing COVID-19 concessions and
  • Streamlining Labor Market Testing (LMT).

There are new changes proposed for this visa stream which are likely to be;

A new Skills in Demand Visa category with a significant bearing in providing a clear pathway to Permanent Residence so that migrants with skills in demand are offered a direct route to long-term residency.

This visa will have three targeted pathways:

  1. The Specialist Skills Pathway: which will target individuals with Highly Specialised Skills that will aid Australia’s economic growth and technological advancement, and who are likely to earn at least $135,000 per annum.
  2. The Core Skills Pathway: which will target Skills and Occupations in high demand that are essential to the Australian economy. Candidates in this category are likely to earn at least $70,000 per annum.
  3. Essential Skills Pathway: This pathway is designed for Essential Skilled Occupations in lower-paid sectors. Candidates in this category are likely to earn less than $70,000 per annum and as this figure is below the TSMIT, eligibility in this category is likely to be restricted to ‘Labour Agreement’ visas and ‘DAMA’ visas.

As the TSS subclass 482 Visa is an important part of the Governments overall strategy to address Skilled Worker Shortages, so the proposed changes and reforms are being introduced are designed to better regulate migration and to provide certainty for Skilled Workers, whilst providing a clear pathway to Permanent Residency.

Employer Sponsorship is possible via various pathways using ‘Skilled Visas’ ‘Labour Agreements’ and ‘DAMA Visas’ and our expertise will guide you effectively to the most beneficial category and also note that each pathway can lead to Permanent Residency.

Applicants – To start your journey Down-Under please complete the ‘NO OBLIGATION ASSESSMENT’ form HERE and we will assess your migration eligibility for FREE.

Employers – Please peruse relevant information HERE and then complete the ‘NO OBLIGATION ASSESSMENT’ form on this page and we will assess your migration eligibility for FREE.

DAMA VISAS – A SOLUTION TO REGIONAL AUSTRALIA SKILLED SHORTAGES?

The Government of Australia intends to increase Skilled Migration to help meet labour shortages in Regional Australia and they will designate visa processing to regional Australia as the highest processing priority.

The DAMA is an Employer-Sponsored Labour Agreement visa program that individual workers cannot apply for independently as the employer must apply to the relevant ‘Designated Area Representative (DAR) to access the DAMA.

These are work agreements that enable approved employers to sponsor Skilled and Semi-Skilled overseas workers for positions they are unable to fill with local workers and in response to identified market shortages.

They are negotiated between the Department of Immigration and Employers or Industrial Associations. Other types of labour agreements also include: Company-Specific labour agreements, Project labour agreements, Global Talent Scheme (GST) agreements and Industry labour agreements.

They provide access to additional occupations and concessions to standard migration programs under the:
• Temporary Skill Shortage visa (Subclass 482)
• Skilled Employer Sponsored Regional visa (Subclass 494)
• Employer Nomination Scheme (Subclass 186)

The DAMA head agreement is negotiated between the Australian Government and a Designated Area Representative (DAR) (usually state or territory governments or regional bodies such as Chambers of Commerce, Regional Development Australia offices, or Shire Councils).

Once a DAMA is in place, local businesses can apply for endorsement and enter into individual labour agreements under the conditions of the relevant DAMA.

There are currently twelve active DAMA’s across Australia in;

• The Orana region DAMA (New South Wales) with 131 occupations available and skills and work experience, salary, English and permanent pathway concessions.

• The Northern Territory DAMA with 135 occupations available and English and salary concessions for some occupations.

• The Far North Queensland DAMA with 175 occupations available and English, skills, experience, salary and permanent residency (PR) pathway concessions.

• The Townsville Queensland DAMA with 195 occupations included in the list.

• The Adelaide City of Technology and Innovation Advancement DAMA (South Australia) with 56 occupations available and English, age, salary and permanent residency pathway concessions.

• The South Australian Regional Workforce DAMA with 320 occupations available and English, age, salary and permanent residency pathway concessions.

• The Goulburn Valley DAMA (Victoria) with 56 occupations available and Qualifications & Experience, TSMIT, English, PR Pathway and Age concessions.

• The Great South Coast DAMA (Victoria) with 114 occupations available and English, skills, experience, salary and permanent pathway concessions for some occupations.

• The East Kimberley Dama (Western Australia) with over 187 occupations available.

• The Goldfields DAMA (Western Australia) with 145 occupations available and English, salary and permanent pathway concessions.

• The Pilbara DAMA (Western Australia) covers 135 occupations.

• The South West Dardanup DAMA (Western Australia) with 56 occupations available and TSMIT, English, PR Pathway and Age concessions.

VISA CANCELLED OR REFUSED?

Some common reasons for Cancelling a Visa are;

  • You did not meet the conditions of a previous visa or
  • The Department of Immigration has stated you gave the wrong information, or you made a false claim in your application or
  • You got a conviction in Australia (this could be a fine, probation or incarceration or a period of periodic detention such as in drug rehabilitation or confinement in a mental health facility and sentences received for juvenile offences can also be included).

If there is an intention by the Department of Immigration to cancel your visa, they will send you a ‘Notice of Intention to consider cancellation’ (NOICC). When you receive this notice, you must reply to it within a ‘Prescribed Period’ (usually 14 or 28 days) and this is your chance to address the issue at hand (our website contains further important information HERE). If your visa is cancelled you will be eligible to appeal its cancellation to the Administrative Appeals Tribunal (AAT) but remember, your cancellation period is prescribed so your cancellation application must be made within that time.

Some common reasons for Refusing a Visa are;

  • You did not provide enough information for the claims you made in your application.
  • You failed your medical or a medical issue was uncovered.
  • You failed Australia’s character requirements.
  • For student visas, you failed to provide reasons for choosing your preferred course and/or you did not sufficiently show that you are able to support yourself financially.
  • For employer sponsored visas, there could be numerous reasons for a refusal such as;
    a) when the business sponsoring you is not viable or
    b) there is no genuine need of the business to sponsor you or
    c) the salary you will receive does not meet Australias market salary rates (and there are many more).

If there is an intention by the Department of Immigration to refuse your visa, they will send you a ‘Natural Justice Letter’. When you receive this notice you must reply to it within a ‘Prescribed Period’ (usually 28 days)

This is an important period and one which must be replied to within the ‘Prescribed Period’. There are many aspects to addressing issues such as ‘Compelling and Compassionate’ reasons, Ministerial Interventions, Health waiver etc.

ASC Migration are experts in doing so and we are here to assist at all times so drop a line to john@ascmigrationvisas.com.au and we’ll be glad to assist you.

REGIONAL SKILLED EMPLOYER SPONSORED VISA

This category of visa is becoming a popular pathway to gaining Australian Permanent Residence as every part of Australia except the cities of Melbourne, Sydney and Brisbane are now regarded as Regional (even the cities of Perth, Adelaide and even the Gold Coast in Queensland are now ‘Regional’).

This visa enables Regional Employers to address labour shortages within their region by sponsoring overseas skilled workers who are under 45 years of age (exemptions apply if you are over 45), have Competent English and have at least 3 years experience in their nominated occupation

The visa validity period is 5 years and holders will be required to live, work and study in the sponsoring ‘Regional’ area in their nominated occupation for the nominee for 3 years before becoming eligible for permanent residency via the subclass 191 Skilled Regional Visa without the need for a second or repeat nomination from the sponsoring employer.

This visa can also be applied for in Australia, applicants will be eligible to Medicare and health insurance will not be required. Remember, regional areas include Perth city and all of Western Australia, Gold Coast, Sunshine Coast, Lake Macquarie, Illawarra, Geelong, Newcastle, Wollongong, Adelaide city and all of South Australia, Hobart city and all of Tasmania, Darwin all of the Northern Territory and Canberra.

We have migration professionals with combined experience of over 43 years in Australia and in the United Kingdom waiting and eager to help you.

Please start your journey Down-Under by completing and sending us the ‘NO OBLIGATION GENERAL ENQUIRY’ form and we will assess your migration eligibility for FREE.

SKILLED INDEPENDENT SUBCLASS 189 VISA

This Australian Skilled Migration Visa will allow you to live and work in Australia permanently. Australia is a resource rich country that provides great opportunities to individuals for their career growth. Skilled Migration is one type of Australian Migration.

If you have the Skills, Talent and Qualifications along with the relevant Work Experience you could apply for a Skilled Independent Visa and boost your career. Your eligibility for this type of Skilled Visa is ‘Points-Based’ with some parameters such as your age, academic qualifications, work experience and English language proficiency level etc.

If you meet the following basic elements, you may be eligible if;

  • You are under 45 years of age.
  • You have a ‘Competent’ level of English.
  • You have at least 3 years of work experience
  • You have a formal qualification (or at least 5 years of work experience)

You may also qualify for additional points (depending on your individual circumstances), for example, working in Australia, your partners qualification, their location or if you are single etc.

If you are interested in Australian Migration, the skilled migration route is the one for you so to check your circumstances

ASC Migration are experts at processing Skilled, Regional & DAMA Visas.

So, as the Australian Government will shift its emphasis in this direction please complete this ‘FREE – NO OBLIGATION GENERAL ENQUIRY’ form and we will assess your basic eligibility.

We will reply to your enquiry within 1-2 business days.

SKILLED VISA CHANGES COMING SOON

CORE SKILLS OCCUPATIONS LIST (CSOL)

 Employer-sponsored visas have become increasingly important, especially as the number of invitations for State Nominations and Skilled Independent Visas have decreased.

The Australian Government plans to reform the sponsored program by introducing a new Skills in Demand Visa to support migrants and various Designated Area Migration Agreements (DAMA’s).

Central to this reform and initiative is the Core Skills Occupations List (CSOL), currently in the draft stage. Take a look at this DRAFT list HERE (Once this is confirmed we will post an update)

ASC Migration are experts at processing ‘Employer Sponsored, Regional & DAMA Visas.

So, as the Australian Government will shift its emphasis in this direction please complete this ‘FREE – NO OBLIGATION GENERAL ENQUIRY’ form and we will assess your basic eligibility.

We will reply to your enquiry within 1-2 business days.

 

PRIORITY PROCESSING FOR HEALTHCARE AND TEACHING OCCUPATIONS

The Australian Government will prioritise applications for Healthcare and Teaching occupations to allow more workers to enter Australia and ease critical workforce shortages.

Applications for Nurses and Teachers can be assessed in just three days as priority is given to visa applications where the applicant is located outside Australia.​

The following Healthcare and Teaching Occupations are prioritised:

  • Health Professionals
  • Medical Scientists
  • School Principal
  • School Teachers
  • Counsellors
  • Psychologists
  • Social Workers
  • Nurses (Enrolled or Registered)
  • Nursing Support Worker
  • Aged or Disabled Carer
  • Personal Care Assistant.​
  • Health and Welfare Support Workers
  • Child-Care Centre Managers
  • Child-Care Worker

Please complete this ‘FREE – NO OBLIGATION GENERAL ENQUIRY’ form which will help us to assess your basic eligibility to apply for any of these visas. We will reply to your enquiry within 1-2 business days.

DESIGNATED AREA MIGRATION AGREEMENT (DAMA) VISAS

Designated ​Area Migration Agreements (DAMAs) are a formal arrangement between the Commonwealth of Australia and a designated area representative (DAR) of a State or Territory Government or Regional Body.

DARs work closely with employers in their area to understand their unique labour needs. They also endorse individual requests from businesses seeking access to DAMA arrangements, prior to the business lodging a DAMA Labour Agreement request with the Department of Home Affairs.

The DAMA allows employers to bring in skilled workers under the labour agreement stream of the Temporary Skill Shortage subclass 482 visa that provides a pathway to permanent residency.

Existing DAMAs​

There are currently 12 DAMAs in place (listed below).

  • Queensland:
    Far North Queensland
    Townsville
  • Victoria:
    Goulburn Valley
    Great South Coast
  • Northern Territory:
    Northern Territory
  • South Australia:
    Adelaide City Technology and Innovation Advancement
    South Australia Regional
  • New South Wales:
    Orana
  • Western Australia:
  • East Kimberley.
  • Pilbara
  • South West Shire of Dardanup
  • The Goldfields,

Individuals cannot directly access a DAMA. They must be sponsored:

  • by an employer operating in a designated region, and
  • for an occupation that is specified in the head agreement

DAMA’s, are usually able to access a broader range of overseas workers than is available through the standard skilled visa programs and to be approved there must be demonstrated efforts to recruit Australians first.

Navigating the DAMA migration process is very complicated, but the good news is, we are immigration specialists with Migration Professionals that have over 40 year of experience  (both in the United Kingdom an in Australia) so you will be taken very good care of. After-all, migration is all we do.

Please complete this ‘FREE – NO OBLIGATION GENERAL ENQUIRY’ form which will help us to assess your basic eligibility to apply for a DAMA visa. We will reply to your enquiry within 1-2 business days.

EMPLOYER SPONSORSHIP

Temporary Skill Shortage SC482 visa

This temporary visa lets an employer sponsor a suitably skilled worker (from the relevant and eligible skilled occupation list) to fill a position they can’t find a suitably skilled Australian to fill.

Skilled Employer Sponsored Regional SC 494 visa

This visa has more eligible occupations available for sponsorship which enables employers in a ‘Designated Regional Area’ to address identified labour shortages within their region by sponsoring skilled workers where employers can’t source an appropriately skilled Australian worker

Designated Regional Areas include all of Australia except for the cities of Sydney, Melbourne and Brisbane.

Employer Sponsorship and Nominations applications are processed in 3-Stages.

  1. The Business lodges an application to become an approved Sponsor.
  2. The Business lodges an application to Nominate the applicant and;
  3. The Applicant lodges their subclass 482/494 visa application..

Remember:
Employer Sponsorship is possible via various pathways using ‘Skilled Visas’‘Labour Agreements’ and ‘DAMA Visas’ and our expertise will guide you effectively to the most beneficial category.

Also note that each pathway can lead to permanent residency. To start your journey Down-Under please peruse relevant menus on the ‘Home Page’ of our website HERE.

Thereafter, just scroll down to the bottom of any page to complete and
send us the ‘NO OBLIGATION ASSESSMENT’ form and we will assess your migration eligibility for FREE.

SUBCLASS 482 TSS VISA

The TSS visa is ‘Employer-Sponsored’ and comprises the following 3 streams:

• Short-term stream, if the nominated occupation is included in the Short-term Skilled Occupation list (STSOL);
• Medium-term stream, if the nominated occupation is included in the Medium-term Skilled Occupation list (MTSOL);
• Labour agreement stream, which requires the sponsoring employer to enter into a labour agreement with the Department.
Once you are assessed as eligible in meeting the criteria for one of the above streams you can apply and this involves a 3-stage application process, all of which must be approved for a successful application.

The application process is as follows:

1. Sponsorship application – to be lodged by the sponsoring business employer (this application is to get approval for the business to become a sponsor.
2. Nomination application – to be lodged by the sponsoring business employer (this application is to get approval for the nominee to work for the sponsor; and
3. Visa application – to be lodged by the visa applicant (this application is to get approval for the visa applicant to work for the sponsor).

All of the above applications can be lodged at the same time and employer sponsorship approvals generally last for 5 years and an applicant will become eligible for permanent residency after only 2 years via the Temporary Residence Transition stream.

Permanent residence pathway

The subclass 482 visa may provide a pathway to a permanent residence following 2 years, through the Employer Nomination Scheme (ENS) subclass 186 visa, or the Regional Sponsored Migration Scheme (RSMS) 187 visa. Each of these visa subclasses which is specifically designed for TSS visa holders (and its predecessor, the subclass 457 visa) who have worked full-time for their sponsoring employer for 2 out of the last 4 years.

We have migration professionals with combined experience of over 43 years in Australia and in the United Kingdom waiting and eager to help you.

Please start your journey Down-Under by checking out the ‘Home Page’ of our website and perusing the abundance of advice and information we have provided by clicking HERE.

Thereafter, just scroll down to the bottom of any page to complete and
send us the ‘NO OBLIGATION ASSESSMENT’ form and we will assess your migration eligibility for FREE.