The Department of Home Affairs has announced today that it is urgently reviewing the CSOL occupation list published late last week. A new list or clarification of the existing list is expected shortly.

 

The new list is not expected to place any caveat on the occupation of Chef or other occupations that appear to have been unintentionally included.

 

The Department has stated that the intention of the caveat was to include certain occupations on the CSOL because of Australia’s obligations under international trade agreements, even though the inclusion of those occupations was not supported by labour market or stakeholder feedback provided to Job Skills Australia over the past year.

 

The Department has said that occupations that will remain subject to the caveat include: Other Sports Coach or Instructor (Wushu Martial Arts Coach or Yoga Instructor Only), Private Tutors and Teachers nec, and Traditional Chinese Medicine Practitioner. No details have been provided regarding any other occupations, but the entire list is being reviewed.

 

The Department has confirmed that it did not intend to remove the occupation of Chef from the CSOL or to limit that occupation to any specific nationalities.

 

At this time, we are advising clients not to lodge nominations for impacted occupations until we have further clarification, unless the application is urgent due to visa expiry. Our team will work with clients to provide advice on a case-by-case basis.

 

We are closely monitoring the situation and will send another alert as soon as the updated list or clarification is available.

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The post Webinar Recording – Skills in Demand Visa first appeared on Ajuria Lawyers – Leaders in Immigration.

The long-awaited release of regulations has provided clarity on the transition from the Temporary Skill Shortage (TSS) visa to the new Skilled in Demand (SID) visa, effective 7 December 2024. Nealy all the changes are as have predicted throughout the year.

 

Some of the finer detail will not be known until after the publication of the new policy to be applied by Departmental officers. Our team of excited lawyers will be spending the weekend getting across this detail ahead of our webinar on Monday, 9 December 2024 at 4:00PM AEDT.

 

Key Features of the new SID Visa:

1. Nomination and Visas lodged before 7 December

• Will be processed using the current occupation list and rules.

2. Nomination and Visas lodged after 7 December

• Will be processed using the new occupation list and rules (Core Skills Occupation List (CSOL) in the core skills stream).
• TSS visa holders who are currently sponsored in occupations removed from the list will NOT be able to change employers or apply for a further TSS visa.
• TSS visa holders who are currently sponsored in occupations removed from the list will still be able to apply for an ENS TRT visa (2 year permanent residence pathway).

3. Single Occupation List (CSOL) – all visas now for up to 4 years

•  The CSOL replaces the previous multiple lists under the TSS visa.
•  70 new occupations in health, childcare, education, construction, and cyber sectors.
• Removal of some occupations such as Restaurant Managers, Financial Dealers and Brokers, Specialist Managers, Graphic Designers.

4. Three new streams:

• Specialist Skills Stream: For highly skilled workers earning $135,000+ in most ANZSCO occupations, excluding trades.
• Core Skills Stream: For roles on the new CSOL list of occupations earning over $73,150 (including trades). Essentially the same as the TSS.
• Labour Agreement Stream: Continuation of existing Labour Agreement process.

5.    Labour Market Testing (LMT)

• We are waiting to see if there are any changes but we expect LMT to continue to be a requirement as per the current settings.

6.    Skilled Australians Levy 

• We are waiting to see if there are any changes but none are expected.

7.    Simplified English and Work Experience Requirements:

• English language requirements align with TSS visa standards ( eg. IELTS score of 5 overall).
• Work experience reduced to one year full-time or equivalent within the past five years, providing greater flexibility, especially for part-time workers and those with career interruption.

8.    Permanent residence 

• Rules are essentially the same.
• Time spent with any sponsoring employer counts toward the permanent residency requirements under the Temporary Residence Transition (TRT) stream of the Subclass 186 visa.
• Direct Entry (DE) are limited to occupations on the CSOL.

9.    Annual Indexation of Income Thresholds:

• Income thresholds will be indexed annually in line with Average Weekly Ordinary Time Earnings (AWOTE) to ensure competitive wages and prevent undercutting of Australian workers.

10.    Sponsorship obligations

• An employer’s obligations to ensure that the sponsored worker works only in the nominated occupation will end when the employee leaves the business.

11.    Fees

• Government fees are now the same for all occupations and streams of the visa.

As always, reach out to your Ajuria team if you have any questions but we will otherwise see you on the webinar on Monday.

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Australia has long aimed to compete with other countries to attract the world’s brightest minds, fostering innovation and addressing national priorities through tailored migration programs. A prime example was the Global Talent Visa (Subclass 858), introduced under the previous government to draw exceptional individuals in sectors critical to Australia’s growth. Now, this framework has been reimagined as the National Innovation Visa (Subclass 858), set to commence on 6 December 2024 under the Migration Amendment (National Innovation Visa) Regulations 2024.

 

Here’s a closer look at this evolution and what it means for prospective applicants:

 

Global Talent Visa (Subclass 858): A Recap

The Global Talent Visa was created to provide a fast-tracked pathway for highly skilled individuals in target industries such as advanced manufacturing, fintech, space, and quantum technologies.
National Innovation Visa: What’s New?

The National Innovation Visa seeks to build on the foundation of the Global Talent Visa, with the government believing it will provide a sharper focus on aligning with Australia’s strategic priorities. The specific details of the new settings and sharper eligibility criteria are forthcoming and will be outlined in a subsequent Department release. Applicants will be required to demonstrate in their Expression of Interest that their internationally recognised record of exceptional and outstanding achievement is in an area targeted by Government. Those areas have not yet been formally announced but this should come any day now.

 

Key Changes and Features:

1. Invitation System: Applicants must now be invited by the Minister to apply, underscoring selectivity and ensuring alignment with national goals.

2. Sector-Specific Focus: The visa continues to prioritise high-growth and innovation-driven sectors but now explicitly emphasizes industries (detail to be provided).

3. Tightened Criteria: While the original subclass was already selective, the new iteration introduces stricter benchmarks to maintain Australia’s competitive edge globally.

 

Implications for Applicants and Employers

The transition to the National Innovation Visa reflects Australia’s commitment to fine-tuning its migration system. While it may pose higher barriers to entry, it ensures that each applicant aligns with national priorities, enhancing Australia’s economic and innovation landscape.

For employers and prospective applicants, preparation is key. Ensuring alignment with the updated framework, refining nomination strategies, and understanding sector-specific priorities are critical for success.

 

Final Thoughts

Ajuria Lawyers: Leading the Way in Strategic Migration

The new National Innovation Visa appears to be not much more than a reinvention of the Global Talent Visa but the devil is always in the details.

 

Ajuria Lawyers pioneered use of the Global Talent Independent (GTI) program, helping clients leverage its unique opportunities to bring in high-level talent during COVID and beyond. As the National Innovation Visa emerges, we are ready to lead the way once again. While the new framework adds layers of complexity, it also offers exciting prospects for those with exceptional talent and employers seeking to attract top-tier innovators.

 

Whether you are an employer looking to nominate a candidate or an individual eager to contribute to Australia’s innovation landscape, Ajuria Lawyers is here to guide you through this next chapter in strategic migration.

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The Australian Government announced late yesterday that the anticipated visa changes will commence on Saturday, 7 December 2024, despite the supporting legislation not yet passing.

 

Key changes include:

• The TSS visa will be replaced by the new Skills in Demand Visa.
• A new consolidated list of occupations will replace the current short-term and medium-term occupation lists.

 

This list will apply to:

• The new Core Skills Stream of the Skills in Demand Visa (for roles with salaries between $73,500 and $135,000 base).
• The Direct Entry Stream of the Employer Nomination Scheme visa (for permanent residence).

 

Further details will be released by noon on Saturday, 7 December 2024.

 

What We Expect

Based on previous announcements, the Skills in Demand Visa is likely to:

• Be valid for up to 4 years, replacing the current 2-year/4-year structure.
• Require at least 1 year of relevant work experience, down from 2 years.
• Offer faster processing for positions paying $135,000 or more per annum (base).
• Provide a pathway for roles paying below $73,500 per annum.

 

Key Questions Still Unanswered

• Final criteria and details for the new visa.
• Whether applications lodged before 7 December 2024, for TSS visas in occupations removed from the new list will still be processed or if the new list applies to all applications. While governments usually honour lodged applications, exceptions have occurred.
• Potential changes to the Skilling Australians Fund Levy and refund provisions.

 

Webinar

As a reminder, we will be holding a Webinar on Monday, 9 December 2024 at 4:00PM AEDT. Further details can be found here.

 

We are actively working with clients to understand the impact of these changes. If you have concerns or questions, please reach out to your Ajuria adviser for advice.

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The post Webinar Invitation – Another Year, Another Recap: The State of Australian Immigration first appeared on Ajuria Lawyers – Leaders in Immigration.

No update from Canberra

The final parliamentary sitting week of the year is here! In fact, with less than 48 hours left, we are all eagerly awaiting the passage of legislation through Parliament establishing the framework for the new temporary skilled worker visa, the Skills in Demand visa and abolishment of the 6-year-old Temporary Skill Shortage (subclass 482) (TSS) visa.

 

With only today and tomorrow left in this parliamentary year, we are not sure whether these proposed changes will get through this year. We are watching this closely over the next 48 hours. The government could announce a surprise extra week in December but otherwise parliament won’t return until February 2024.

 

1 year requirement for TSS visas

In the meantime the 23 November 2024 date has come and gone but we have not seen the government reduce the work experience requirement for the TSS visa from two years. We are still expecting the change at any time and are treating these cases on a case by case basis and your Ajuria Lawyers advisor will advise accordingly.

 

Current Processing Times Updates
As we get close to the Australian summer holiday period and the upcoming federal election in 2025, we are seeing the impact on processing times as well as ongoing inconsistency with these.

 

Current processing time for TSS are:

Accredited Sponsors:                                   1 to 3 months

Non-Accredited Sponsors:                            3 to 6 months

 

We are also seeing processing delays with permanent residence applications. The Department recently announced that applications lodged before 31 October 2023 are to be decided before the end of 2024. It is unclear what impact this will have on permanent residence applications lodged after that date, but we predict that the focus will continue to be on processing permanent applications ahead of the election as this will help to reduce temporary visa numbers.

 

Ajuria Lawyers closure period 

Ajuria Lawyers will be taking a well-deserved break, with our office closing from 23 December 2024 and re-opening on 6 January 2025.

 

For urgent matters, please contact us at urgent@ajurialawyers.com, which will be monitored daily. For critical or time-sensitive issues, partners can also be reached on their mobiles.

The post No news is good news? No updates on immigration reforms but ongoing processing delays first appeared on Ajuria Lawyers – Leaders in Immigration.

As expected, the Australian Government is starting to announce changes to the immigration program, and we will be sending alerts as the changes are released. We will hold a webinar for clients once we have the complete details of the changes (expected 23 November 2024).

MATES visa announced
The Australian Government today announced a new Mobility Arrangements for Talented Early-professionals Scheme (MATES) stream within the Subclass 403 (Temporary Work – International Relations) visa, specifically designed to attract young Indian graduates and early-career professionals to Australia.

The MATES visa will allow eligible Indian nationals with expertise in specific high-demand sectors (such as renewable energy, ICT, AI, engineering, fintech, and agritech) to live and work in Australia for up to two years. The program will be capped at 3,000 visa places per year.

Interested participants will need to register for a pre-application process (similar to a ballot system), with a $25 registration fee. This registration will not guarantee a visa but qualifies applicants to be randomly selected to apply for the visa.

Applicants must be Indian passport holders, aged 18-30 and will need to meet academic qualifications in eligible fields, and potentially English language proficiency requirements.

The applicant must be outside Australia when applying for the visa.

 

TSS & ENS Processing Times Updates
With changes to the TSS program now very likely to be implemented this year and with an election in 2025, we are seeing the impact on processing times.

Current processing time for TSS are:

Accredited Sponsors: 1 to 3 months

Non-Accredited Sponsors: 3 to 6 months

The Department recently announced a focus on permanent residence applications with applications lodged before 31 October 2023 to be decided before the end of 2024. It is unclear what impact this will have on permanent residence applications lodged after that date, but we predict that the focus will continue to be on processing permanent applications ahead of the election as this will help to reduce temporary visa numbers.

 

1 year work experience for TSS visas
A reminder that from 23 November 2024, the Government will reduce the work experience requirement for the Temporary Skill Shortage (subclass 482) visa from two years to one year for all applicants so long as the candidate still meets ANZSCO classification requirements. Presumably this will also be the requirement for the new Skills in Demand Visa.

 

The Core Skills Occupation List (CSOL)
The new Core Skills Occupation List (CSOL) will be a single consolidated list which will be used to determine eligibility for the new Skills in Demand Visa. It will be developed and managed by Jobs and Skills Australia which provides recommendations to the Minister for Immigration. The new CSOL is yet to be released but in the meantime, Jobs and Skills Australia has released its preliminary Occupation Shortage List (OSL) which provides a point-in-time assessment of the shortage status of occupations in the Australian labour market.

 

Skills in Demand Visa
The release of the new Classifications list (OSCA) will provide the framework for the new Skills in Demand Visa which is being refined and is expected to be released in late November 2024. As a recap the new Skills in Demand Visa will replace the existing Temporary Skill Shortage visa (TSS) (subclass 482) providing 3 streams:

NSW waives school fees for TSS visa holders in regional NSW
The NSW Department of Education has announced that enrolment fees will be waived for families that are regional holders of Temporary Skills Shortage visas (subclass 482), i.e. those who reside outside of greater Sydney and Wollongong.

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The post Webinar Recording – Preparing for November changes to sponsoring workers first appeared on Ajuria Lawyers – Leaders in Immigration.

It is now clear that the Australian government still intends to introduce changes to the migration program before the election in 2025 and possibly as early as the end of November 2024. What is not at all clear is exactly what these changes will mean for employers.

Join our webinar on 24 October 2024, where we will discuss what is known, what is not known and how to best prepare. A link for registration can be found here.

In summary:

Occupation Standard Classification for Australia (OSCA)
On 6 December 2024, the Occupation Standard Classification of Australia (OSCA) will be released replacing the Australian and New Zealand Standard Classification of Occupations (ANZSCO). This is meant to shift the emphasis of occupation classification away from job hierarchies and lists of tasks to more of a focus on skills and competencies.

Skills in Demand Visa:
The release of the new Classifications list (OSCA) will provide the framework for the new Skills in Demand Visa which is being refined and is expected to be released in late November 2024. As a recap the new Skills in Demand Visa will replace the existing Temporary Skill Shortage visa (TSS) (subclass 482) providing 3 streams:

Specialist Skills Pathway: For high-income earners, with applications processed within 7 days.
Core Skills Pathway: For workers earning above $73,150 in eligible occupations.
Essential Skills Pathway: A regulated pathway for lower-income essential workers, designed to meet critical shortages. These visas provide clear pathways to permanent residency, giving employers greater certainty when planning their workforce needs.

The Core Skills Occupation List (CSOL)
The new Core Skills Occupation List (CSOL) will be a single consolidated list which will be used to determine eligibility for the new Skills in Demand Visa. It will be developed and managed by Jobs and Skills Australia which provides recommendations to the Minister for Immigration. The new CSOL is yet to be released but in the meantime, Jobs and Skills Australia has released its preliminary Occupation Shortage List (OSL) which provides a point-in-time assessment of the shortage status of occupations in the Australian labour market.

An online tool is now available Occupation Shortage List | Jobs and Skills Australia which identifies whether occupations are in shortage and whether the shortage is national or confined to metropolitan areas or regional areas.

This list is NOT the final CSOL, but provides employers good insight into those occupations that may not be able to be sponsored under the new visa. This will be the basis of some discussion in the webinar.

Upcoming changes and uncertainty
Businesses may consider lodging TSS renewals and PR applications as soon as possible as the Government has flagged changes to the migration program coming into effect late November 2024. Whilst we do not yet know the extent of the changes and how employees will be affected, we are receiving many queries from anxious employees, and businesses may wish to look at transitioning TSS visa holders to PR before these changes come in.

How Ajuria Lawyers Can Help
Our team is here to assist businesses in understanding how these changes impact recruitment and workforce planning. For skilled migrants, we can provide tailored advice on visa applications, eligibility, and long-term residency pathways.
Stay informed and ahead of the changes—contact us today to explore how we can support your migration and employment needs in light of the new OSCA release.

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