Visa changes to support 457 & 482 Visa holders

The Minister of Immigration announced this week that there will be some positive changes coming for temporary skilled workers looking for a pathway to permanent residency. These changes will benefit skilled workers who remained here during the pandemic and encourage them to stay in Australia permanently.

“Eligible skilled workers, already in Australia, will continue to support local businesses facing critical shortages, particularly in health, hospitality and our regions,” Minister Hawke said.

These visa changes will improve access to permanent residence for:

• Existing 482 visa holders (Temporary Skill Shortage) in the short-term stream
• Legacy 457 visa holders (Temporary Work Skilled) who no longer meet the age requirement.

Under these new arrangements, existing 482 and 457 visa holders granted in ‘Short–term’ occupations, who have remained in Australia during the pandemic, may be eligible to apply for the 186 ENS Permanent Visa. This will extend to legacy subclass 457 visa holders who no longer meet the maximum age limit of 45 years. 

“This is a special concession recognising those highly skilled migrant workers who chose to stay in Australia throughout the pandemic, while continuing to address Australia’s acute shortages. This allows them to stay here, with a pathway to Australian citizenship,” Minister Hawke said.

“There are currently about 20,000 primary Temporary Skill Shortage and 457 visa holders in Australia who may benefit from these arrangements. Most of these workers are employed in the highest-skilled occupations and the largest cohorts of workers benefiting from these changes include those currently employed in the health and hospitality industries, including many workers in regional Australia,” Minister Hawke said.

When can we expect these changes?

At this stage, there has been no indication as to when these arrangements will commence or whether all occupations will be included.

In the meantime, you can take our online eligibility assessment to find out if you are eligible to apply now. Click here to take the assessment

Travel without a Travel Exemption 

From 1 December 2021, fully vaccinated eligible visa holders can travel to Australia without needing to apply for a travel exemption. 

Some of the eligible visas include:

• 482 Visa – Temporary Skill Shortage visa
• 482 Family Visa
• 457 Visa – Temporary Work (Skilled) visa
• 457 Family Visa
• 494 Visa – Skilled Employer Sponsored Regional (Provisional) visa
• 491 Visa – Skilled Work Regional (Provisional) visa
• 417 Visa – Working Holiday visa
• 462 Visa – Work and Holiday visa

What next?

If you already hold one of these visas, you can book a flight after December 1st 2021 and enter Australia if you are fully vaccinated. 

If you have applied for one of these visas and it hasn’t been approved yet, you’ll need to wait until your visa is approved before you can travel. Our migration agents are expecting to start receiving approvals very soon! Make sure your application is up to date including medicals and police checks if required. 

If you’d like to apply for one of these visas, click the visa type below and we can get started!

• Apply for a job in Australia with 482 Visa sponsorship available  
• 482 Visa – Temporary Skill Shortage visa
• 482 Family Visa
• 457 Visa – Temporary Work (Skilled) visa
• 457 Family Visa
• 494 Visa – Skilled Employer Sponsored Regional (Provisional) visa
• 491 Visa – Skilled Work Regional (Provisional) visa

See a full list of eligible visas below:

Section 48 Bar

If you have had a visa cancelled or refused since last arriving in Australia and you are either do not hold a visa (you are unlawful) or you hold a bridging visa, you will likely be ‘section 48 barred’.

If you are ‘section 48 barred’ you aren’t eligible to lodge most other visa applications while you are in Australia (there are some very limited exceptions). This usually means that you need to leave Australia before applying for another visa.

Becoming unlawful in Australia or overstaying your visa is likely to negatively affect your future visa applications (including citizenship).

Section 48 Bar Update

On 28 October 2021, the section 48 Bar (S48 Bar) was updated to include additional visa subclasses.

From 13 November 2021, an S48 Bar waiver is available for skilled visa applicants for the following subclasses:

• 190 Visa
• 491 Visa
• 494 Visa

This means that applicants with a Section 48 bar can apply for a 190, 491 or 494 visa without leaving Australia from November 13th.

If you have a Section 48 Bar, book an appointment to speak to one of our migration agents about a 190, 491 or 494 visa or take one of our free online eligibility assessments to find out if you can apply.

Inquiry into Australia’s Skilled Migration Program

In March 2021, The Joint Standing Committee on Migration inquired into and made recommendations on Australia’s skilled migration program.

The inquiry found that COVID-19 has had a significant effect on Australia’s workforce. Although 94% of Australians who lost their jobs have returned to work, there are still significant skills shortages in Australia.

Over 500,000 temporary visa holders left Australia as a result of the COVID-19 pandemic, resulting in significant skills shortages. The Committee has heard that job vacancies in November 2020 reached their highest point in the last 10 years.

The Committee stated that Australia needs to replace the skilled migrants that left Australia as a result of the COVID-19. Without skilled migration, Australia’s economic recovery will be severely hampered.

We have put together the recommendations that will directly affect overseas skilled workers below:

Recommendation 3

The Committee recommends that the Department of Home Affairs be required to provide greater transparency on where employer sponsored visa applications are in the queue.

Recommendation 6

The Committee recommends that the Department of Home Affairs conduct an urgent review of the Priority Migration Skilled Occupation List, in consultation with relevant stakeholders, with a view to expanding the number of occupations to better reflect the urgent skills shortages in the context of the COVID-19 pandemic recovery. The Department should give particular consideration to civil engineers, electrical engineers, motor mechanics, cooks, carpenters, electricians and other roles in the hospitality, health, trades, agriculture and manufacturing sectors.

Recommendation 8

The Committee recommends the Government reserve places on flights and in quarantine for skilled migrants.

Recommendation 9

The Committee recommends that: 

• The Department of Home Affairs improve visa processing times for employer-sponsored visas because of the labour market needs during the COVID-19 pandemic economic recovery; and
• The Department of Home Affairs expedite the processing times for skilled visa holders who have remained onshore in relevant employment seeking a subsequent skilled visa or permanent residency visa.

Recommendation 10

The Committee recommends that all employer sponsored visa holders be given a clearer pathway to permanency.

What does this mean for you?

Oversea Applicants

If the occupations mentioned above in Recommendation 6 are moved to the Priority Migration Skilled Occupation List, this will mean people with these skills will likely receive a travel exemption to enter Australia while the borders are closed.

• If you are a Motor Mechanic, click here to apply for Australian job vacancies
• Click here to find out more about the 482 Visa
• Click here to find out more about the 186 Permanent Visa
• Click here to speak to a Registered Migration Agent

Visa holders in Australia

Recommendation 10 would give you a secure pathway to permanent residency in Australia. 

If you think you may be eligible to apply for Permanent Residency now, click here to take our online eligibility assessment. 

New English Language Requirement for Partner Visas

The Morrison Government has announced new requirements for partner visa applicants and their sponsors to make ‘reasonable efforts’ to learn English.

Only 13 per cent of residents with no English skills are currently working, compared to 62 per cent of residents who speak English well.

The Morrison Government also highlighted that those migrants without sufficient English language skills are particularly vulnerable to family violence and exploitation. They are also less likely to know how and where to seek advice and assistance.

The number of people in Australia with low or no English language skills has risen sharply over the past decade and has reached almost one million people, with almost half of those being within the working age range.

From late 2021, new partner visa applicants and permanent resident sponsors will be required to have functional English or demonstrate that they have made ‘reasonable efforts’ to learn English language by undertaking 500 hours of English language classes.

This English requirement will need to be met at the permanent visa approval stage, so this will affect those who have already lodged their 309 or 820 applicants if their visa is not granted before these changes are introduced.

The Morrison Government will make further announcements on these changes in the coming months

What is Functional English?

To prove that you have Functional English you can provide evidence of one of the following:

Passport
A valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland and you are a citizen of that country.

IELTS
An International English Language Testing System (IELTS) test result of an average band score of at least 4.5 based on the four test components of speaking, reading, listening and writing.

TOEFL iBT
A Test of English as a Foreign Language internet-based Test (TOEFL iBT) test result of a total band score of at least 32 based on the four test components of speaking, reading, writing and listening.

PTE
A Pearson Test of English (PTE) Academic test result of an overall band score of at least 30 based on the four test components of speaking, reading, writing and listening.

CAE
A Cambridge English: Advanced (CAE) test result of an overall band score of at least 147 based on the four test components of speaking, reading, writing and listening.

Schooling
• You have completed all years of primary education and at least three years of secondary education in an educational institution in or outside Australia and all instructions were in English.
• You have completed at least five years of secondary education in an institution in or outside Australia and all instructions were in English.
• You have completed at least one year of full-time study or equivalent part-time study towards a degree, higher degree, diploma, or associate diploma in an institution in Australia and all instructions were in English.
• You have completed a degree, a higher degree, a diploma or a trade certificate that required at least two years of full-time study or training in an institution in or outside Australia and all instructions were in English.
Improve your English score

Do you need to increase your English score before you can apply? Click here for details about short English courses for PTE.

Partner Visa Application Backlog

The Australian Government has increased the migration cap on Partner visas by over 80% this financial year to process the current backlog of applications in the system.

Are you looking to apply for a Partner Visa?

Find out more about the Partner Visa options at the links below

• Onshore Partner Visa (Applying from inside Australia)
• Offshore Partner Visa (Applying from outside Australia)
• Prospective Marriage Visa
• Speak to a Registered Migration Agent

Priority Migration Skilled Occupation List

The Department of Home Affairs has released The Priority Migration Skilled Occupation List (PMSOL). The Priority Migration Skilled Occupation List aims to support Australia’s economic recovery from COVID-19 by prioritising visa applications for those with critical skills.

Employer-sponsored applications with an occupation on the Priority Migration Skilled Occupation List will be given priority processing over all other occupations. All other applications will remain active, but the Priority Migration Skilled Occupation List occupations will take priority.

This list is temporary and will be updated as Australia’s economy recovers.

Priority Migration Skilled Occupation List

The Priority 17 Occupations are: (ANZSCO code)

• Chief Executive or Managing Director (111111)
• Construction Project Manager (133111)
• Mechanical Engineer (233512)
• General Practitioner (253111)
• Resident Medical Officer (253112)
• Psychiatrist (253411)
• Medical Practitioner nec (253999)
• Midwife (254111)
• Registered Nurse (Aged Care) (254412)
• Registered Nurse (Critical Care and Emergency) (254415)
• Registered Nurse (Medical) (254418)
• Registered Nurse (Mental Health) (254422)
• Registered Nurse (Perioperative) (254423)
• Registered Nurses nec (254499)
• Developer Programmer (261312)
• Software Engineer (261313)
• Maintenance Planner (312911)

Travel exemptions

While Australia’s borders remain closed, temporary visa holders must obtain a travel exemption before travelling to Australia. If you are overseas and would like to apply for a travel exemption, please contact us.

Visa subclasses

Priority processing of applications for Priority Migration Skilled Occupation List occupations applies to these employer-sponsored visa subclasses:

• 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

Is your occupation not listed above?

Don’t worry. The department is still processing all occupations. Regional applications also seem to be taking priority. We have recently had a number of 187 Transitional Visa applications approved in under 2 months. If you are ready o go ahead with your next visa application, contact us today.

Australia’s top 20 most-needed occupations in 2020

Seek has released a list of Australia’s top 20 most-needed workers in 2020.

COVID-19 has brought a high level of demand for skilled workers across a number of industries. The below list ranks the most-needed occupations from 1-20.

Are you currently looking for work?

Take a look at our current vacancies and apply online here. If you don’t find a suitable vacancy there, visit seek.com.au to browse thousands of job vacancies in Australia. 

If you aren’t sure whether your occupation is eligible for a work visa of skilled migration, you can check on our Skilled Occupation List or speak to one of our migration agents directly.

Do I need to lodge a tax return in Australia?

If you meet the below criteria, you will need to lodge a tax return:

• Tax was deducted from any payments (such as wages) made to you during the financial year.
• You are an Australian resident and your taxable income was more than the tax-free threshold.
• You are a foreign resident and you earned more than $1 in Australia during the financial year.
• You are leaving Australia permanently or for more than one financial year.
• You wish to claim any tax deductions.

You don’t need to lodge a tax return if:

• You are a foreign resident and your only Australian-sourced income was interest, dividends or royalties from which non-resident withholding tax has been correctly withheld
• You are a working holiday maker (417 or 462 visa holder) and your taxable income for the year is less than $37,001.

To lodge an Income Tax return you will need a Tax File Number (TFN). This is a unique number issued to individuals that are used for ID and record keeping purposes and without one you will be at a serious disadvantage. For more information, please head to our blog about Applying for a TFN

Income Tax rates

Deductions you can claim while completing your tax return
When completing your tax return, you’re entitled to claim deductions for some expenses, most of which are directly related to earning your income.

Work-related expenses
To claim a work-related deduction:

• you must have spent the money yourself and weren’t reimbursed
• it must directly relate to earning your income
• you must have a record to prove it.

If the expense was for both work and private purposes, you can only claim a deduction for the work-related portion. Work expenses reimbursed to you by your employer are not deductible.

We can seek information from your employer if we think you have claimed a deduction for an expense that you have already been reimbursed for.

You may be able to claim a deduction for expenses that directly relate to your work, including:

Vehicle and travel expenses – including travel between work and home
Clothing, laundry and dry-cleaning expenses
Home office expenses
Mobile phone, internet and home phone expense
Overtime meals
Self-education expenses
Tools, equipment and other equipment
Other work-related deductions.

For more information about what you can claim on your tax return and a 457 Visa or TSS Visa holder go to Tax Tips