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November 22, 2024
November 22, 2024

Australia is spearheading a revolutionary change in border management by trialling contactless border clearance technology, aiming for passport-less travel by 2030. The initiative, led by the Australian Border Force, incorporates cutting-edge facial recognition and biometric technology to enhance security, streamline passenger experiences, and position Australia as a global leader in advanced border solutions. This development is poised to transform how travellers enter and exit the country, offering a glimpse into the future of international travel.

The primary goal of Australia’s passport-less travel initiative is to create a seamless experience for travelers while bolstering national security. Leveraging advanced biometric systems, travelers will no longer need to present physical documents like passports. Instead, their identity will be verified through facial recognition, allowing quicker and more efficient processing at border checkpoints.

This initiative aligns with global trends in border management, with leading airports like Singapore’s Changi and Dubai International already implementing similar systems. By adopting this technology, Australia aims to remain competitive in the global travel and tourism industry.

Key Features of the System

  1. Facial Recognition Technology: Travelers’ facial features will be scanned and matched against their digital profiles stored in secure databases, reducing reliance on physical documents.
  2. Enhanced Security: The system minimizes the risk of document forgery and identity theft, ensuring robust border control.
  3. Improved Efficiency: Faster processing times mean reduced wait times for travelers, enhancing their overall experience.
  4. Environmentally Friendly: Eliminating paper-based processes supports sustainability goals by reducing the environmental footprint of border operations.

Implementation and Trials

The trials are being conducted across select Australian airports to evaluate the system’s reliability, accuracy, and efficiency. Feedback from these trials will guide adjustments and improvements to ensure the technology meets both operational needs and passenger expectations.

Challenges and Concerns

While the technology promises numerous benefits, its implementation comes with challenges:

  • Data Privacy: Travelers may express concerns about how their biometric data is collected, stored, and used. Ensuring transparency and robust data protection measures will be critical to building trust.
  • System Reliability: The technology must demonstrate near-perfect accuracy to avoid delays or disruptions, particularly during peak travel periods.
  • Global Compatibility: As a pioneer, Australia will need to ensure its systems are compatible with those used by other countries to facilitate international travel.

Benefits to Australia

  1. Boost to Tourism: A streamlined entry process will attract more international visitors, bolstering Australia’s tourism industry.
  2. Economic Growth: Enhanced efficiency at airports will support Australia’s trade and business sectors by facilitating faster movement of people and goods.
  3. Strengthened Global Reputation: Australia’s adoption of cutting-edge technology reinforces its image as an innovative and forward-thinking nation.

The Path to 2030

To achieve its 2030 goal, Australia must:

  • Collaborate with technology providers to refine biometric systems.
  • Engage stakeholders, including airlines, travel agencies, and travelers, to address concerns and ensure a smooth transition.
  • Work with international bodies to standardize biometric systems and facilitate interoperability.

Australia’s passport-less travel initiative represents a bold step toward the future of border management. By adopting advanced biometric technology, the country is setting new standards for efficiency, security, and sustainability in international travel. As the trials progress and the technology matures, Australia is poised to lead the world in creating a truly seamless and contactless border experience.

October 25, 2024

In a significant development for Australia’s migration system, new family violence provisions were introduced in October 2024 for certain permanent skilled visa categories. These provisions offer additional protections for secondary applicants who have experienced family violence by the primary visa holder, ensuring they are not left vulnerable during the visa process. This change highlights Australia’s commitment to safeguarding individuals in situations of domestic violence, particularly within the context of its skilled migration program.

Understanding the New Family Violence Provisions

Traditionally, secondary applicants (family members of the primary visa holder) were required to rely on the status and behavior of the primary visa applicant to secure their visas. In cases of family violence, this dependence could leave victims trapped in abusive situations, fearing deportation or the loss of their visa status if they separated from the primary applicant.

The new family violence provisions now offer a safety net for these secondary applicants. If a secondary applicant experiences family violence by the primary visa holder, they can still be eligible to be granted their visa independently of the primary applicant. This allows victims of domestic abuse to separate from their abusers without jeopardizing their immigration status.

Who is Affected by the Provisions?

The new provisions apply to a range of permanent skilled visas, including visas granted under Australia’s General Skilled Migration (GSM) program and Employer-Sponsored Visas. Categories like the Subclass 186 (Employer Nomination Scheme) and the Subclass 190 (Skilled Nominated Visa) are among those impacted by these changes. This ensures that a broad range of skilled migrants and their families are covered under these updated rules.

Key Benefits of the Family Violence Provisions

  1. Independence for Secondary Applicants
    One of the most significant benefits of these provisions is the independence it grants secondary applicants. Victims of domestic violence no longer need to remain in an abusive relationship to maintain their visa eligibility. They can apply for their visa independently, with family violence provisions serving as their protection.
  2. Greater Security for Migrants
    For many migrants, the uncertainty surrounding their visa status can be a major barrier to leaving an abusive situation. By ensuring that secondary applicants have the right to stay in Australia even after separating from the primary applicant, these provisions provide a sense of security that empowers victims to seek help and protect themselves from further abuse.
  3. Alignment with Domestic Violence Laws
    Australia’s family violence provisions for skilled visas align with the country’s broader domestic violence laws and policies, which have long recognized the importance of protecting victims of abuse. These provisions extend those protections to the migration system, ensuring that all residents, regardless of their immigration status, can access safety and support in cases of family violence.

Impact on Australia’s Migration System

The inclusion of family violence provisions in the skilled migration program is part of a broader effort to make Australia’s migration system more responsive to individual needs. By recognizing the vulnerabilities faced by migrant families, the government is taking steps to ensure that no one is forced to choose between their safety and their visa status.

These provisions also reinforce Australia’s reputation as a safe and supportive destination for migrants, ensuring that human rights and personal safety are prioritized alongside economic and labor considerations.

How the Provisions Work

For secondary applicants to benefit from these provisions, they must provide evidence of family violence, which can include court orders, police reports, or statutory declarations from professionals, such as doctors or social workers, who are familiar with the case. Once this evidence is submitted, the secondary applicant can continue with their visa application independently.

It is important to note that these provisions are not limited to physical violence. Emotional, psychological, and financial abuse are also considered forms of family violence under Australian law, ensuring comprehensive protection for all types of victims.

Conclusion

The introduction of family violence provisions for permanent skilled visas is a critical step forward in protecting migrant families in Australia. By granting greater independence to secondary applicants and ensuring their safety in cases of domestic abuse, these provisions empower individuals to escape harmful situations without the fear of losing their immigration status.

As Australia continues to refine its migration policies to reflect the complexities of modern family life and labor market needs, these changes underscore the country’s commitment to human rights and social justice. For migrants seeking a new life in Australia, these provisions provide a much-needed layer of protection, ensuring that they can pursue their professional and personal aspirations in a safe environment.

With these new provisions in place, Australia reaffirms its stance that no one should be forced to remain in an abusive situation to secure their future.

October 25, 2024

In October 2024, a major change to Australia’s immigration health assessment process was introduced: children born in Australia and ordinarily residing in the country will no longer be required to pass visa medical examinations. This development is part of a broader effort to streamline the visa application process for migrant families, reducing barriers to permanent residency and enhancing the inclusiveness of Australia’s immigration policies.

What Are Visa Medicals and Why the Change?

Historically, all visa applicants, including children, were required to undergo medical examinations as part of the visa approval process. These assessments, based on Public Interest Criteria (PIC) 4005 and 4007, were intended to ensure that visa holders did not pose a public health risk or burden the Australian healthcare system. While well-intentioned, these requirements often placed an unnecessary burden on families, particularly those with children born and raised in Australia who were already integrated into the community.

The 2024 amendments now exempt children who are born in Australia and ordinarily reside there from having to pass a visa medical examination. This change aims to simplify the visa process for families and eliminate the potential stress of children failing a medical examination, which could previously jeopardize their or their family’s visa application.

Key Benefits of the Exemption

  1. Streamlined Application Process
    The exemption from visa medicals means that families with children born in Australia can now move through the visa application process more quickly and easily. By removing this extra layer of health checks, the government has reduced both the administrative burden and the emotional stress that families face during the visa approval process.
  2. Reduced Financial and Emotional Costs
    Medical assessments can be expensive, particularly for large families or families dealing with medical conditions. By exempting children born in Australia, this change helps reduce the financial burden on migrant families, many of whom may already be facing significant costs associated with their visa applications. Additionally, parents no longer have to worry about the emotional toll of potential medical complications affecting their children’s visa status.
  3. Alignment with Australia’s Inclusive Immigration Policies
    This policy shift reflects Australia’s broader commitment to inclusivity and integration. By recognizing that children born in Australia are already embedded in Australian society, the government is taking steps to treat them in line with their status as future citizens. This ensures that families who contribute to Australian society are not unduly penalized by outdated immigration requirements.

Who Qualifies for the Exemption?

To qualify for the exemption from visa medicals, children must meet two key criteria:

  1. Born in Australia: The child must have been born on Australian soil, which automatically grants them a unique status in the visa application process.
  2. Ordinarily Resident in Australia: The child must be residing in Australia at the time of the visa application. This means that children living abroad, even if born in Australia, would not automatically qualify for this exemption.

Impact on Migrant Families

This policy change is a significant win for migrant families, especially those applying for permanent residency. For many families, visa medicals presented a potential hurdle, particularly if the child had medical issues that could complicate the approval process. By removing this requirement for children born in Australia, the government is helping to stabilize the future of these families, allowing them to focus on building their lives in Australia without the added pressure of visa medical uncertainties.

Additionally, for families with mixed visa statuses (such as one parent holding permanent residency while others are on temporary visas), the exemption simplifies the process of unifying the family under a single visa status. This is particularly important for ensuring that children have the same rights and opportunities as their parents and siblings, contributing to their sense of belonging and security in Australia.

The Broader Context: Australia’s Progressive Immigration Policies

The exemption for children born in Australia is part of a broader trend in Australian immigration policy that seeks to balance security and economic needs with humanitarian and social considerations. By addressing the specific needs of migrant families, the government is making strides towards creating a more inclusive, humane immigration system. Recent policy updates, including the introduction of family violence provisions for secondary visa applicants, demonstrate a growing recognition of the vulnerabilities some migrants face.

This change also speaks to Australia’s commitment to integrating long-term migrants into its social and economic fabric, acknowledging that children born in the country are an integral part of its future.

Conclusion

The decision to exempt children born in Australia from visa medicals is a welcome and compassionate change to the immigration process. By easing the burden on families and recognizing the unique status of children born in Australia, this policy ensures that migrant families can navigate the visa process more smoothly and with fewer financial and emotional challenges.

For migrant families aiming to make Australia their permanent home, this development offers a pathway that is not only more practical but also more aligned with Australia’s values of fairness and inclusivity. As Australia continues to refine its immigration policies, the well-being of migrant families remains at the forefront, reflecting the country’s commitment to a supportive and integrated society for all.

October 25, 2024

Australia’s skilled migration program offers various visa pathways for migrants looking to live and work in the country, with state sponsorship playing a key role in two popular options: the Subclass 190 Skilled Nominated Visa and the Subclass 491 Skilled Work Regional (Provisional) Visa. While both visas provide opportunities for skilled workers to migrate to Australia with the support of state or territory governments, they differ significantly in terms of conditions, eligibility, and the path to permanent residency. Here’s a detailed breakdown of how the two visas compare.

1. Visa Type and Duration

  • Subclass 190 Visa:
    The 190 visa is a permanent residency visa. Once granted, the holder has the right to live and work anywhere in Australia indefinitely. Applicants must be nominated by a state or territory government to apply for this visa, which typically requires meeting specific criteria set by the sponsoring state.
  • Subclass 491 Visa:
    The 491 visa is a provisional visa that allows the holder to live and work in designated regional area. Like the 190 visa, applicants must be nominated by a state or territory government (or sponsored by a family member residing in a regional area), but the key difference is that the 491 visa holder must live and work in regional Australia before they can apply for permanent residency.

2. Geographical Restrictions

  • 190 Visa:
    The 190 visa does not have any geographical restrictions once granted. Even though the applicant is initially nominated by a particular state, they are free to live and work anywhere in Australia after the visa is issued.
  • 491 Visa:
    The 491 visa requires the holder to live and work in a regional area (as defined by the Department of Home Affairs). Regional areas are generally outside the major cities like Sydney, Melbourne, and Brisbane, and are designated to encourage economic growth in less populated areas. Holders must spend at least 3 years in a regional area before being eligible to apply for permanent residency through the Subclass 191 Permanent Residence (Skilled Regional) Visa.

3. Points Requirement

Both the 190 and 491 visas are part of Australia’s points-based skilled migration system, but the points required can differ.

  • 190 Visa:
    To apply for the 190 visa, applicants must meet the minimum points threshold, which is 65 points. However, depending on the demand for certain occupations and the competitiveness of the applicant pool, higher points may be needed to receive an invitation from a state.
  • 491 Visa:
    The 491 visa operates similarly, but one significant advantage is that applicants are awarded an additional 15 points for receiving state nomination, effectively increasing their total points score and making it easier for them to reach the threshold for receiving an invitation.

4. Pathway to Permanent Residency

  • 190 Visa:
    Since the 190 visa is a permanent visa, holders become permanent residents immediately upon grant. They are entitled to access Australia’s healthcare system, education, and other benefits available to permanent residents. They can also apply for Australian citizenship after meeting residency requirements.
  • 491 Visa:
    The 491 visa is provisional, meaning it provides a pathway to permanent residency, but the holder must meet certain conditions. To qualify for the Subclass 191 visa (which grants permanent residency), the 491 visa holder must have:
    • Lived and worked in a designated regional area for at least 3 years.

5. Obligations and State Commitments

  • 190 Visa:
    Applicants must commit to living and working in the nominating state for a minimum period (usually two years), although this is not legally enforceable once the visa is granted. The commitment is generally expected by the sponsoring state, and migrants are encouraged to fulfill it in good faith.
  • 491 Visa:
    The 491 visa comes with stricter obligations regarding residency and work in regional areas. Failure to meet these conditions could affect the ability to transition to permanent residency. Additionally, certain states may require visa holders to work in specific occupations or sectors where there is a labor shortage.

6. Work Rights and Social Benefits

  • 190 Visa:
    As a permanent resident, the 190 visa holder enjoys full work rights and access to public services such as Medicare (Australia’s healthcare system) and certain social security benefits. Permanent residents are also entitled to sponsor eligible family members to join them in Australia.
  • 491 Visa:
    While 491 visa holders have full work rights in regional areas, they are not eligible for all the social security benefits available to permanent residents. However, they can still access Medicare once their visa is granted, providing healthcare coverage while they work towards fulfilling the requirements for permanent residency.

Conclusion

The Subclass 190 Visa is ideal for skilled migrants who are looking for a direct pathway to permanent residency and want the flexibility to live and work anywhere in Australia after their visa is granted. On the other hand, the Subclass 491 Visa offers a fantastic opportunity for those willing to commit to living and working in regional Australia, with the added benefit of gaining 15 extra points under the points-based system. While the 491 visa comes with a provisional period and additional conditions, it provides a valuable route to permanent residency for migrants who are unable to meet the higher requirements for the 190 visa.

When choosing between the two, applicants should carefully consider their personal circumstances, career goals, and willingness to live in regional areas. Both visas are excellent options for skilled migrants looking to build a future in Australia, with the state sponsorship system designed to fill labour shortages and support the nation’s economic growth.

September 27, 2024

Australia’s migration policy continues to evolve, with the latest developments in September 2024 focusing on skilled migration to address critical labour shortages. This article breaks down the key updates from the September 189 invitation round, offering insights for individuals seeking to migrate to Australia.

In the September round, over 7,900 invitations were issued under the Subclass 189 Skilled Independent visa, making it one of the largest rounds in recent months. This visa is highly sought after as it offers permanent residency to skilled workers without requiring sponsorship from an employer, state, or family member. The Subclass 189 visa is designed to attract workers in fields where Australia faces skills shortages, ranging from engineering and IT to healthcare and education.

Importantly, no invitations were issued for the Subclass 491 Family-Sponsored visa in this round. The Subclass 491 visa is a provisional visa that allows skilled workers to live and work in regional Australia. This omission underscores the government’s current focus on filling immediate gaps in high-demand industries rather than prioritizing regional migration through family sponsorship.

These changes highlight the Australian government’s strategic prioritization of skilled migration to support economic recovery and address workforce needs across key industries. For those considering migrating to Australia, the Subclass 189 visa presents a prime opportunity, particularly for those with skills that align with Australia’s occupational demand lists, such as the Medium and Long-term Strategic Skills List (MLTSSL). Individuals who receive an invitation can expect to move quickly through the application process, as Australia continues to ramp up its skilled migration intake.

This latest invitation round reflects Australia’s strong emphasis on attracting talent in critical areas, positioning itself as a top destination for skilled professionals globally. Prospective migrants should ensure their skills assessments and expression of interest (EOI) are up-to-date to capitalize on the ongoing focus on skilled independent migration.

For more information on visa requirements and upcoming rounds, it is recommended to monitor updates on our newsletter and facebook page.

September 27, 2024
September 27, 2024

In a significant shift for international education, the Australian government has introduced a cap on student visas, effective from 2025. This move is expected to reshape the landscape for international students seeking to study in Australia. The cap aims to limit the number of new student visas issued each year, with a total of 270,000 visas—a reduction of 53,000 from previous years.

Breakdown of the Cap

The student visa cap is distributed across different education sectors:

  • 145,000 visas are allocated for public universities, ensuring that Australia’s premier institutions continue to receive a strong influx of international students.
  • 30,000 visas are reserved for non-university higher education providers, such as private colleges and institutes.
  • 90,000 visas will be available for the Vocational Education and Training (VET) sector, which provides technical and trade education.

Several categories, including school students, higher degree by research programs, and English Language Intensive Courses for Overseas Students (ELICOS), are exempt from the cap. This exemption means that prospective students in these categories will continue to have open access to Australian education without the restrictions imposed on other sectors.

Impact on Prospective Students

The introduction of the cap is expected to have a significant impact on the international student market. Students aiming for universities in major cities like Melbourne and Sydney may face tougher competition for spots, while regional universities could see an increase in enrolment as students seek alternatives to the limited placements in major cities. Furthermore, students already in Australia may face challenges when attempting to transition between courses, such as moving from an English program to a VET course.

Preparing for the Changes

For prospective students, planning ahead will be crucial. Applicants should ensure their enrolments are secured well in advance and consider alternatives such as regional universities or non-traditional sectors like VET, which may offer more opportunities under the new cap. The cap also reinforces the importance of selecting a study program carefully, as opportunities to change courses once in Australia could become more limited.

Australia remains one of the top destinations for international students, and these changes are intended to balance the needs of the education sector with the country’s immigration policy and workforce demands.

Listen to the podcast version of this article below

September 27, 2024

The Subclass 482 Temporary Skill Shortage (TSS) visa is a popular option for Australian businesses seeking to fill gaps in their workforce with skilled foreign workers. This visa allows companies to sponsor overseas employees for up to four years, depending on the occupation and stream. For businesses looking to sponsor workers under the 482 visa program, proper preparation is key to ensuring a smooth application process and compliance with visa conditions. Here are the steps companies should follow to prepare for a 482 visa sponsorship.

1. Understanding Eligibility Requirements

Before proceeding with the sponsorship process, businesses must ensure they meet the criteria for becoming an approved sponsor. Companies must demonstrate they are:

  • Legally operating in Australia.
  • Able to offer employment in occupations listed on the Medium and Long-term Strategic Skills List (MLTSSL) or the Short-term Skilled Occupation List (STSOL).

If a company does not have an approved sponsorship status, they will need to apply for Standard Business Sponsorship (SBS), which involves demonstrating financial viability and a genuine need for the foreign worker.

2. Labor Market Testing (LMT)

One of the most critical steps for companies applying for a 482 visa is to conduct Labor Market Testing (LMT). LMT requires companies to prove that they have made genuine efforts to hire Australian workers before turning to foreign labour. The company must provide evidence of job advertisements posted for at least 28 days and demonstrate that no suitable local candidates were found.

3. Nomination of Occupation

Once sponsorship status is approved, the company must nominate the foreign worker’s occupation, which should be listed on either the MLTSSL or STSOL. The company must provide a detailed explanation of why the role is necessary for their business and how the foreign worker will contribute to the organization. It’s crucial to ensure that the position is aligned with the ANZSCO code for that occupation.

4. Compliance with Salary and Employment Conditions

The salary offered to the sponsored worker must meet the Temporary Skilled Migration Income Threshold (TSMIT), which is currently set at AUD 53,900 per year. The wage must also be in line with the market salary rate for the occupation, ensuring that foreign workers are not paid less than Australian employees in equivalent positions【8】. Companies must also ensure that the foreign employee’s working conditions are consistent with those of Australian workers.

5. Meeting Sponsorship Obligations

Once a company sponsors a 482 visa worker, they are required to comply with a set of sponsorship obligations, including:

  • Keeping records of the sponsored worker’s employment.
  • Ensuring the worker adheres to the conditions of their visa.
  • Covering the cost of return travel if the employee is terminated.
  • Notifying the Department of Home Affairs if any significant changes occur, such as termination or a change in the worker’s role.

6. Providing Ongoing Support

To ensure long-term compliance and success, companies should provide ongoing support to the 482 visa holders, including offering pathways for permanent residency through the Employer Nomination Scheme (ENS) Subclass 186 or other permanent visa options. Companies should also stay updated with any legislative changes related to the 482 visa to avoid potential penalties.

Conclusion

Preparation is key for businesses looking to sponsor skilled workers under the Subclass 482 visa. By understanding the requirements, conducting proper labor market testing, and maintaining compliance with sponsorship obligations, companies can efficiently navigate the visa process and benefit from hiring overseas talent. For specific advice or assistance, please contact Falcon Migration team.

August 23, 2024

In a recent cabinet reshuffle, Australian Prime Minister Anthony Albanese appointed Tony Burke as the new Minister for Immigration and Home Affairs. Burke, a seasoned politician with a strong track record in various ministerial roles, now takes on the crucial portfolio that oversees Australia’s immigration policy, border protection, and national security. His appointment signals a possible shift in the approach towards immigration and home affairs, with significant implications for Australia’s future in these areas.

Background of Tony Burke

Tony Burke has been a prominent figure in Australian politics for many years. A member of the Australian Labor Party (ALP), he has represented the electorate of Watson in New South Wales since 2004. Over his political career, Burke has held various ministerial positions, including Minister for Agriculture, Fisheries and Forestry, Minister for Sustainability, Environment, Water, Population and Communities, and Minister for Employment and Workplace Relations.

Burke is known for his pragmatic approach to policy-making and his ability to navigate complex and often contentious issues. His extensive experience across different sectors of government positions him well to tackle the multifaceted challenges of immigration and home affairs.

Key Priorities and Vision

As the new Minister for Immigration and Home Affairs, Tony Burke is expected to bring a fresh perspective to the portfolio. His appointment comes at a time when Australia faces several pressing issues related to immigration, border security, and the treatment of asylum seekers. Burke’s priorities are likely to include:

  1. Reform of Immigration Policies: One of the key areas where Burke may focus his efforts is the reform of Australia’s immigration policies. This could involve reviewing and potentially relaxing some of the stringent requirements that have been criticized for limiting Australia’s ability to attract skilled migrants. Burke’s background in employment and workplace relations suggests he may advocate for policies that better align immigration with labor market needs, supporting economic growth and addressing skill shortages.
  2. Focus on Fair Treatment of Migrants: Burke has previously expressed concerns about the treatment of migrants and asylum seekers, indicating that he may seek to implement more humane and fair policies. This could involve reviewing the conditions in detention centers, enhancing support services for asylum seekers, and ensuring that Australia’s immigration processes are transparent and just.
  3. Strengthening National Security: As Minister for Home Affairs, Burke will also be responsible for national security, including counter-terrorism and border protection. He will need to balance the need for strong security measures with the rights of individuals, ensuring that Australia remains a safe and welcoming country. His approach will likely involve close collaboration with intelligence agencies and law enforcement to address emerging threats while maintaining civil liberties.
  4. Enhancing Regional Engagement: Given the geopolitical challenges in the Asia-Pacific region, Burke may prioritize strengthening Australia’s regional engagement on immigration and security issues. This could involve working closely with neighboring countries to manage migration flows, combat human trafficking, and address other cross-border challenges.

August 23, 2024
Australia’s immigration policies are designed to attract a diverse range of skilled individuals who can contribute to the country’s economy and society. One common requirement for many skilled visa categories is an upper age limit of 45 years. However, Australia also recognizes that age is not always indicative of a person’s ability to contribute meaningfully to the workforce. Consequently, there are several visa categories that are exempt from the age limit, providing opportunities for older applicants. This article explores these visa options and their relevance to individuals over 45 years of age.

1. Global Talent Visa (Subclass 858)

The Global Talent Visa is a pathway designed for highly skilled individuals who have an internationally recognized record of exceptional and outstanding achievement in a target sector. These sectors include, but are not limited to, agtech, medtech, cyber security, quantum information, advanced digital, data science, and energy and mining technology. Distinguished Talent Visa is available to individuals who have a record of exceptional and outstanding achievement in areas such as a profession, sport, the arts, or academia and research. This visa offers a permanent residency pathway for those who have made a significant contribution to their field.

  • No Age Restriction: There is no upper age limit for the Distinguished Talent Visa. However, applicants who are over 55 years of age need to demonstrate that they would provide exceptional benefit to the Australian community​.

3. Employer Nomination Scheme (Subclass 186) – Temporary Residence Transition (TRT) Stream

The Employer Nomination Scheme (ENS) allows Australian employers to sponsor skilled workers for permanent residency. The TRT Stream is specifically for individuals who have worked with their sponsoring employer on a temporary visa for a certain period.

  • Age Exemptions: While the standard age limit is 45 years, exemptions are available for certain applicants. These include senior executives, academics, and scientists who are highly qualified, as well as individuals employed in Australia for a long period who meet specific criteria under labour agreements or regional migration agreements​.

4. Parent Visas

Australia offers several visa options for parents of Australian citizens, permanent residents, or eligible New Zealand citizens. These include both temporary and permanent visa options.

  • No Age Limit: Parent visas, such as the Contributory Parent Visa (Subclass 143) and the Parent Visa (Subclass 103), do not have an upper age limit. Applicants must meet other criteria, such as the balance of family test and health and character requirements, but age is not a barrier.

6. Other Employer-Sponsored Visas with Exemptions

In addition to the ENS (Subclass 186), other employer-sponsored visas may also offer age exemptions under specific circumstances. For example, the Regional Sponsored Migration Scheme (Subclass 187) has pathways that provide age exemptions for applicants working in regional areas or holding key positions.

  • Exemptions for Critical Roles: Age exemptions can apply to individuals in critical roles, including senior management positions or those involved in occupations that are difficult to fill within the Australian labor market​

Australia’s visa policies recognize the value of experience and talent that can come from individuals over the age of 45. By offering visa options that do not impose an age limit, Australia attracts a broad spectrum of skills, knowledge, and investment that contributes to its economic and social development. These visa pathways provide valuable opportunities for older applicants to bring their expertise and continue their careers in Australia, enriching the nation’s workforce and community.

August 23, 2024

The Northern Territory (NT) of Australia continues to be a significant destination for skilled migrants due to its growing industries and regional demand for specific skill sets. The state-sponsored skilled visa programs, such as the Skilled Nominated Visa (subclass 190) and the Skilled Work Regional Visa (subclass 491), are central to attracting skilled workers to the NT. Recent changes, effective from August 15, 2024, have brought about new dynamics in how these visas are managed, particularly affecting offshore applicants. This article provides an overview of these visa programs, the latest changes, and their potential impacts on prospective migrants.

Overview of State Sponsored Skilled Visas

The Northern Territory offers two primary state-sponsored skilled visa options:

  1. Skilled Nominated Visa (subclass 190): This is a permanent residency visa for skilled workers who are nominated by a state or territory government. The NT nominates individuals who have the skills and experience needed to address specific local labor shortages. Successful applicants must commit to living and working in the NT for a specified period.
  2. Skilled Work Regional Visa (subclass 491): This provisional visa allows skilled workers to live and work in designated regional areas of Australia for up to five years. It is intended to address regional skill shortages and comes with a pathway to permanent residency.

Recent Changes Effective from August 15, 2024

As of August 15, 2024, the Northern Territory has introduced several changes to its skilled migration programs:

  1. Reopening of Offshore Applications: The NT has reopened its skilled visa program to offshore applicants, specifically for the NT Family Stream and the Job Offer Stream. This is a significant shift, as the NT had previously limited offshore applications due to the high volume of applications and local labour market considerations..
  2. Suspension of the Priority Occupations Stream: Despite reopening to offshore applicants, the Priority Occupations Stream remains suspended. This stream was designed for individuals whose occupations are listed as high demand by the NT government. The suspension indicates ongoing concerns about managing the volume of applications and aligning them with the NT’s immediate labour needs.
  3. Increased Allocations: The NT has increased its visa allocations to accommodate more skilled workers. The total allocation for the 2024-25 program year is 1,600 places, which includes 800 places for the Skilled Nominated (subclass 190) visa and another 800 for the Skilled Work Regional (subclass 491) visa​.

Impact on Offshore Applicants

The reopening of offshore applications, coupled with the suspension of the Priority Occupations Stream, presents a mixed scenario for prospective migrants:

  1. Opportunities for Family and Job Offer Stream Applicants: Offshore applicants who have family in the NT or who have secured job offers are likely to benefit from the reopening of these streams. This provides a clear pathway for skilled workers who already have connections to the NT, whether through family ties or employment.
  2. Challenges for Priority Occupation Applicants: The suspension of the Priority Occupations Stream may delay opportunities for highly skilled professionals whose occupations are in demand but do not fall within the specific criteria of the Family or Job Offer Streams. This could lead to longer waiting times and uncertainty for applicants looking to migrate based on their professional qualifications alone.
  3. Implications for Employers: For employers in the NT, the changes mean a continued focus on recruiting skilled workers who are either already in Australia or have a direct connection to the NT. This could help ensure that the local labour market is not overwhelmed by an influx of overseas workers, maintaining a balance between addressing skill shortages and supporting local employment.

By reopening specific streams for offshore applicants, the NT is broadening its talent pool while maintaining control over the types of skills that enter the market. Prospective migrants and employers alike should stay informed about these changes and consider how they align with their own goals and needs. As the NT continues to refine its skilled migration programs, it remains a dynamic and attractive destination for those seeking to contribute to Australia’s regional development.