Migration Program planning levels are only one factor in how many people migrate to Australia each year. The Australian Bureau of Statistics measures net overseas migration (NOM). NOM is the difference between people arriving in Australia and people departing from Australia. Migrant arrivals to Australia are counted in NOM if they are in Australia for a total of 12 months or more during a 16-month period. Therefore, this counts people who arrive on a permanent visa, but also those who arrive on a temporary visa and stay for a year or more, for example to study or work.
In 2018–19, prior to the pandemic, NOM was 241,300. In 2020–21, it was -88,800, that is, more people left Australia than arrived. The 2022–23 Budget (p. 114) projects that NOM will return to near pre-pandemic levels (around 235,000) in 2024–25. For further information, see the Budget review Immigration article and the article ‘Australia’s population: recent changes’ in this Briefing book.
Usually, around half of permanent visas are granted to people already in Australia on temporary visas. This proportion increased during the pandemic to 67.5% in 2020–21 (p. 3). Given the permanent Migration Program levels of 160,000 per year and that many of these visas will be granted to people already in Australia, it is evident that temporary migration is projected to make up a significant proportion of NOM.
While most temporary visa holders will leave Australia at some point, others may transition through several temporary visas before obtaining a permanent visa, or they may remain in Australia on temporary visas without ever obtaining a permanent visa. In most cases, a temporary visa holder must meet the criteria for a permanent visa in the same way as any other applicant. However, some temporary visas place limits on applying for a subsequent visa.
For example, the short-term stream of the Temporary Skill Shortage visa allows only one subsequent application for another TSS visa. The TSS (subclass 482) visa replaced the subclass 457 visa in March 2018. The Joint Standing Committee on Migration’s report on Australia’s skilled migration program recommended changing the short-term TSS to allow a pathway to permanent residence, stating that ‘All employer nominated visas should provide the option of a pathway to permanency’ provided that requirements, such as skills, age and English language levels, are met (p. 42). Stakeholders, including the Australian Chamber of Commerce and Industry, also recommended implementing a pathway for all temporary skilled migrants. The ALP has indicated it would support this (see for example pages 103–108 of the committee’s report).
New Zealand citizens living in Australia are a unique case, as the Special Category (subclass 444) visa allows them to stay and work indefinitely despite it being a temporary visa (see Figure 2). If they wish to become permanent residents (and eventually Australian citizens), most must apply for a permanent visa in the Migration Program. The New Zealand stream of the Skilled Independent (subclass 189) visa was introduced in 2016 to facilitate the pathway to permanent residence for certain subclass 444 holders, although applicants need to meet requirements including an income threshold. There are calls to broaden the eligibility for this pathway, enabling more New Zealanders to become permanent residents. Observers note this may reduce vulnerabilities for some of those living in Australia and enable them to make a greater contribution to the economy and society, but may come at higher social security costs.
Source: aph.gov.au
Target Keywords:
Business visa lawyer Melbourne
Immigration lawyer Melbourne
Partner visa lawyer Melbourne
Introduction:
Australia remains a top destination for entrepreneurs and business investors seeking opportunities in an economically stable environment. With Melbourne’s vibrant economy and thriving startup ecosystem, it’s no surprise that many entrepreneurs are eyeing business visa pathways to establish themselves here. However, the business visa application process can be complex, and securing the right legal support is essential for a smooth transition. As a trusted business visa lawyer in Melbourne, we’ve outlined everything you need to know about the business visa process.
The Business Visa pathway allows entrepreneurs and business owners to establish or invest in businesses in Australia. There are several subclasses under the Business Visa category, each catering to different types of business activities and individual goals. The two most common business visa subclasses are:
Subclass 188 (Business Innovation and Investment)
Subclass 132 (Business Talent)
To apply for a business visa in Melbourne, you must meet certain eligibility requirements. These criteria may include:
Age: Typically, applicants must be under 55 years old, although this can be waived if the business is considered “exceptional.”
Business Experience: You must have a successful business background with a specified turnover or net worth.
Investment Amount: The business must meet specific investment thresholds in Australia.
Health and Character Checks: Applicants and accompanying family members must meet health and character standards.
Permanent Residency Pathway: Successful business visa applicants may eventually be eligible for permanent residency in Australia.
Access to a Thriving Market: As Melbourne boasts one of the most dynamic economies in Australia, business owners can tap into a diverse and lucrative market.
Family Sponsorship: Business visa holders can also bring their family members to Australia, providing them with access to the country’s healthcare and education systems.
While the business visa offers significant opportunities, applicants must be prepared for potential challenges:
Meeting Financial Thresholds: The financial requirements can be demanding, especially for those unfamiliar with the Australian market.
Time-Consuming Documentation: Submitting accurate financial records and business plans can be time-consuming and requires attention to detail.
Visa Refusals: If your business does not meet the necessary criteria, or if your application contains discrepancies, it may be refused. A visa refusal can lead to significant delays and complications.
Navigating the business visa process requires expert legal advice. A business visa lawyer can help you:
Ensure that your application meets all the eligibility criteria.
Guide you through the required documentation and submission process.
Represent you in case of visa refusal and assist with appeals.
Target Keywords:
Subclass 482 visa solicitor
Skilled migration lawyer Melbourne
Visa refusal appeal immigration
Introduction:
The Subclass 482 Visa, also known as the Temporary Skill Shortage (TSS) visa, provides an opportunity for skilled workers to come to Australia and fill gaps in the workforce. This visa is highly sought after by professionals looking for work in Australia, as it allows you to live and work in the country temporarily while gaining valuable experience. However, the application process can be tricky. Here, we’ll dive into everything you need to know about the Subclass 482 Visa, and how a skilled migration lawyer can assist you.
The Subclass 482 Visa allows employers in Australia to sponsor foreign workers for positions where there is a skills shortage. This visa is typically issued for two years but may be extended depending on the employer’s needs and the employee’s job role. The TSS visa is available under two streams:
Short-Term Stream: For occupations on the Short-Term Skilled Occupation List (STSOL).
Medium-Term Stream: For occupations on the Medium and Long-Term Strategic Skills List (MLTSSL).
Employer Sponsorship: Applicants must be sponsored by an approved Australian employer.
Skills and Qualifications: Applicants must have the skills and qualifications required for the nominated position.
English Proficiency: You must demonstrate your ability to communicate in English.
Health and Character Checks: You must meet the health and character requirements.
Despite meeting all the eligibility criteria, many applicants face visa refusals due to errors or omissions in their application. Common reasons for refusal include:
Mismatch Between Qualifications and Job Role: Ensure your qualifications align with the job you are applying for.
Failure to Meet English Language Requirements: Submitting incorrect or inadequate evidence of English proficiency.
Sponsorship Issues: If your employer does not meet the sponsorship requirements, your application may be refused.
If your Subclass 482 Visa is refused, you can appeal the decision with the Administrative Appeals Tribunal (AAT). Engaging a skilled migration lawyer in Melbourne can help you navigate the appeals process, providing you with the best chance of success.
A skilled migration lawyer can help you:
Ensure your application is complete and accurate.
Guide you through the employer sponsorship process.
Help you with visa refusals by filing an appeal with the AAT.
Target Keywords:
Subclass 186 visa lawyer Melbourne
Skilled migration lawyer Melbourne
Visa refusal appeal immigration
Introduction:
The Subclass 186 Employer Nomination Scheme (ENS) visa is an ideal route to permanent residency for skilled workers in Melbourne. This visa allows skilled employees to live and work in Australia permanently, providing numerous benefits for the individual and their family. However, the application process can be complex, and meeting the eligibility criteria requires expert assistance. Let’s explore everything you need to know about the Subclass 186 Visa and how an immigration lawyer can help.
The Subclass 186 Visa is a permanent residency visa that allows skilled workers to be nominated by an Australian employer to live and work in Australia permanently. The visa is available under three streams:
Direct Entry Stream: For individuals who have the required qualifications and experience but have not worked in Australia previously.
Temporary Residence Transition Stream: For workers who have held a Subclass 457 or Subclass 482 visa for at least two years and are nominated by their employer for permanent residency.
Labour Agreement Stream: For workers who are sponsored by employers under a labour agreement.
Employer Nomination: Your employer must nominate you for the visa.
Skills and Qualifications: You must possess the necessary skills and qualifications for the nominated position.
Age Limitations: You must be under 45 years old unless exempt.
English Proficiency: You must meet the English language requirements.
Health and Character Requirements: You must meet both health and character standards.
Permanent Residency: The Subclass 186 Visa grants you permanent residency in Australia.
Family Inclusion: Your family members can be included in the visa application.
Pathway to Citizenship: After living in Australia for a few years, you may be eligible for Australian citizenship.
Applying for the Subclass 186 Visa can be a long and complex process, and errors in your application can lead to delays or refusals. An immigration lawyer can:
Assist in gathering the necessary documents.
Ensure you meet all the eligibility criteria.
Represent you in case of any disputes or issues with the application.
Target Keywords:
AAT visa appeal lawyer Melbourne
Visa refusal appeal immigration
AAT migration review lawyer
Introduction:
Facing a visa refusal can be devastating, especially when you’ve invested time and resources into your application. However, it’s important to know that a refusal is not the end of the road. You have the right to appeal the decision through the Administrative Appeals Tribunal (AAT). This blog will walk you through the AAT appeal process and provide essential tips on increasing your chances of success.
The AAT is an independent body that reviews visa refusal decisions made by the Department of Home Affairs. When your visa application is refused, you can lodge an appeal with the AAT within 21 days of receiving the refusal notice.
The appeal process involves submitting additional information and documentation to support your case. The AAT will then decide whether the decision was correct or if it should be overturned.
Visa refusals are often due to:
Incomplete or Incorrect Documentation: Missing documents or providing inaccurate information.
Failure to Meet Eligibility Requirements: Issues such as not meeting health, character, or financial requirements.
Employer Sponsorship Issues: Problems with the employer’s eligibility or status.
To improve your chances of success, it’s important to:
Provide thorough and accurate documentation.
Address the specific reasons for refusal.
Seek the help of an AAT visa appeal lawyer in Melbourne to guide you through the process.
An experienced AAT visa appeal lawyer can help you:
Review your refusal decision and identify areas for improvement.
Represent you in AAT hearings and advocate for your case.
Assist in preparing additional documents and evidence to support your appeal.
Target Keywords:
Ministerial intervention immigration lawyer
Visa refusal appeal immigration
AAT migration review lawyer
Introduction:
In certain cases, applicants who have faced visa refusals may still have one final option: Ministerial Intervention. This process allows applicants to seek a decision from the Minister for Immigration, bypassing normal procedures. While rare, ministerial intervention can provide a lifeline for individuals facing visa refusals.
Ministerial Intervention is a process that allows the Minister for Immigration to intervene in visa refusal decisions and grant a visa in exceptional circumstances. This option is generally available if all other avenues, including AAT appeals, have been exhausted.
Ministerial intervention can be requested in situations such as:
Compassionate Grounds: Where there are compelling personal or family reasons to grant a visa.
Humanitarian Reasons: Where the applicant is facing significant hardship or danger.
Exceptional Circumstances: When other options, such as AAT appeals, have been exhausted.
An immigration lawyer specializing in ministerial intervention can assist you by:
Preparing a compelling case for intervention.
Collecting evidence to support your application, including medical, humanitarian, or other exceptional circumstances.
Representing you in the application process to increase the likelihood of success.
