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How the Market Salary Rate (AMSR) and Temporary Skilled Migration Income Threshold (TSMIT) is Used for Employer Sponsored Migration

What is Temporary Skilled Migration Income Threshold (TSMIT)
The Temporary Skilled Migration Income Threshold (TSMIT) plays a vital role in safeguarding the income standards for overseas workers in Australia. For employers to meet TSMIT requirements, the guaranteed earnings for the nominated position must be equal to or greater than the TSMIT, ensuring that the income aligns with Australian market conditions. TSMIT has increased over recent years, reflecting changes in the economic landscape and labour market needs. Employers should note that TSMIT excludes non-monetary benefits like accommodation or a vehicle, which should be offered on top of the threshold salary to avoid undercutting fair wages. By meeting the TSMIT, employers demonstrate a commitment to fair wages, preventing the use of migration programs to undercut Australian workers.

What is Annual Market Salary Rate (AMSR)
The Annual Market Salary Rate (AMSR) is a benchmark that helps ensure overseas workers receive competitive pay equivalent to Australian standards. Calculating the AMSR involves a comprehensive analysis of current salaries within the industry, taking into account salaries of existing Australian workers in similar roles, applicable enterprise agreements, and relevant industry awards. Employers must also reference recent job advertisements and remuneration surveys to confirm that their AMSR determination aligns with market conditions. If no Australian equivalent is available, employers should use reliable industry data and advice to substantiate the AMSR. This process ensures that the AMSR is established transparently and that nominated workers are compensated fairly, consistent with the standards of the local workforce.

Ensuring Fair Wages

When sponsoring an overseas worker, it’s crucial to ensure they are paid fairly and competitively with Australian workers. This is intended to protect both the overseas worker and the Australian labour market. Here’s a breakdown of the key requirements:

• Annual Market Salary Rate (AMSR): You must determine the prevailing market rate for the position in Australia. This involves considering factors like:
  • Wages paid to your existing Australian employees in comparable roles.
  • Industry awards and agreements.
  • Job market data and salary surveys.
  • Recent job advertisements for similar positions.
• Temporary Skilled Migration Income Threshold (TSMIT): This is a minimum income threshold that applies to sponsored workers. The current TSMIT is AUD 73,150 per year (for nomination applications lodged between July 1, 2024, and June 30, 2025). Both the AMSR and the sponsored worker’s salary must meet or exceed this threshold.

Determining the AMSR

• If you have an Australian (PR/Citizen) employee in the same role: The salary you pay this employee will generally be the AMSR.
• If there’s an industry award or agreement: Refer to the award or agreement to determine the appropriate salary level.
• If neither of the above applies: You’ll need to gather evidence to support the AMSR, such as job advertisements, salary surveys, and/or advice from industry bodies.

Important Notes for TSMIT and AMSR

• The TSMIT and AMSR generally do not include non-monetary benefits like accommodation or a company car (subject to certain limited exceptions). These benefits are considered in addition to the minimum salary requirements.
• You cannot pay an overseas worker less than an Australian worker in the same role.
• Generic salary data or surveys alone are generally not sufficient to determine the AMSR.
• If Labour Market Testing is required, you should be advertising a salary consistent with the determined AMSR.

Ensure compliance with TSMIT and AMSR requirements for a smooth sponsorship process—contact Longton Migration for expert guidance today.

Amendment to Migration Regulations – Public Interest Criteria 4005 and 4007

Australia has amended its visa health requirements to ensure a fairer system for children with disabilities born in the country.

Previously, these children faced potential visa rejection due to the perceived cost of their healthcare needs, even though they were born and raised in Australia.   

Effective from October 16, 2024 the Migration Amendment (Public Interest Criteria 4005 and 4007) Regulations 2024 introduced important changes to Australia’s migration health criteria. Specifically, children born and ordinarily residing in Australia who have a disability or health condition will no longer be required to demonstrate that they are free from diseases or conditions that would result in significant healthcare or community service costs. This change removes a key barrier for such children and their families in the visa application process, ensuring a fairer and more inclusive approach.

These amendments follow recommendations from the Disability Royal Commission, aiming to reduce discrimination against people with disabilities seeking to settle in Australia. The revised criteria only apply to children born and residing in Australia, with no effect on other minors or general visa health requirements.

This regulation change reflects the Australian Government’s commitment to providing fair opportunities for all, ensuring that children with a disability are not unfairly disadvantaged during the visa application process.

Who Benefits from the New Health Criteria?

The recent changes to the health requirements for Australian visas bring a new level of fairness to the visa application process, especially for families with children born in Australia who have disabilities. 

Previously, the stringent health examination for visas created barriers for these children due to perceived healthcare costs. Now, however, children born and living in Australia with a disability are exempt from the need to meet certain medical criteria that once risked visa rejection. 

This amendment provides relief to families who would otherwise face unnecessary hardships during the visa application medical examination.

By adapting the health requirements for Australian visas, the government ensures these children and their families are treated with dignity and fairness, allowing them to pursue residency without facing discrimination based on health conditions.

Impact on Visa Applicants

The significance of this legislative change lies in its departure from the previous “one fails, all fail” model, fundamentally shifting the way visa applications are assessed for families. 

Under the amended regulations, secondary applicants, such as family members of the primary visa applicant, will no longer automatically be ineligible if one family member fails to meet certain health criteria. This adjustment ensures that each applicant is individually assessed based on their own eligibility for public interest and special return criteria, reducing the pressure and burden on families—especially those with minors or individuals with disabilities—during the visa process. Widely considered long overdue, this change allows for greater fairness, providing families with a smoother and more equitable pathway to obtaining visas.

Practical Steps for Affected Families

For families with children who may benefit from these changes, there are a few steps to consider when applying for or renewing visas:

1. Understand the Updated Requirements: Familiarise yourself with the latest health requirements for Australian visas to ensure you’re up to date on what is expected for each family member. Children born with disabilities in Australia no longer need to pass the visa application medical examination for certain health conditions, which can simplify the application.
2. Prepare Health Documentation: Although children with specific conditions are exempt from standard health examination for visas, having updated health records for each applicant can help streamline the process. Any documents that clarify the child’s medical needs or history may still be requested during the australia visa medical process.
3. Seek Expert Advice: For further support or if you have questions about how this amendment may affect your family’s visa application, consider consulting a migration professional. Longton Migration’s team can help you explore these health examination requirements for visas and ensure your application reflects the most recent changes.

This new regulation is a step toward inclusivity, recognising individual needs and reducing the barriers families with disabled children have previously encountered in their visa journey.

Significance of the Amendment to Public Interest Criteria

The recent amendment to Australia’s Public Interest Criteria represents a commitment to fairer treatment within the migration framework, particularly for families affected by disability. 

These changes demonstrate that the Australian Government acknowledges the inherent rights of children born in the country and aims to foster inclusivity through updated visa health check policies. 

By addressing these areas, the amendment encourages a more accessible path for families seeking residency, with a recognition of both individual and familial needs.

For guidance navigating these recent changes or if you have questions about visa health requirements, reach out to Longton Migration. Our experienced team is here to provide the support and expertise you need to ensure a smooth application process. 

Dual Citizenship for Australia: Benefits & Process Guide

Dual citizenship for Australia allows you to enjoy Australian benefits while retaining ties to your original nationality. This guide explores its advantages, eligibility, and application process. Whether you’re an Australian seeking citizenship abroad or a foreign national aiming to apply for dual citizenship in Australia, understanding the requirements is essential.

Understanding Dual Citizenship in Australia

Dual citizenship means holding citizenship in two countries at once. Many pursue dual citizenship for Australia for benefits like healthcare access, work rights, and voting eligibility. However, it is only permitted if both countries allow it. Australia permits dual citizenship, but you must check if your other nationality does too.

With dual citizenship for Australia, you can live, work, and study in both countries, and access government benefits while enjoying greater travel flexibility. However, you also face obligations to both countries, such as potential taxes or military service requirements.

Eligibility for Dual Citizenship for Australia

Applying for dual citizenship in Australia involves meeting specific criteria, depending on nationality, parentage, and residency history. Common eligibility routes include:

• Australian Parentage: If one or both parents are Australian citizens, you may qualify for citizenship by descent, allowing you to retain both nationalities.
• Residency: Non-citizens with lawful residence in Australia for several years and permanent residency may apply. Generally, you need four years of lawful residence, including one as a permanent resident.
• Birthright: Those born in Australia may qualify automatically, though certain rules apply to children of foreign nationals.
• Naturalisation: This primary route requires residency, good character, and English proficiency if other routes do not apply.

Countries Permitting Dual Citizenship with Australia

Many countries allow dual citizenship with Australia, including:

• United Kingdom: British nationals can retain UK citizenship alongside Australian nationality, giving flexibility for work or residence in both.
• Canada: Canadian citizens can hold Australian citizenship in addition to Canadian nationality, allowing benefits in both countries.
• United States: While the U.S. does not formally recognise dual citizenship, it allows Americans to apply for dual citizenship in Australia, though U.S. tax obligations apply.

Other countries like France, Ireland, Sweden, and Italy also permit dual citizenship with Australia. Confirm requirements with your embassy or consulate before applying.

Each country has its specific requirements, so it is crucial to confirm with your other nationality’s embassy or consulate before applying for dual citizenship Australia.

Countries Not Permitting Dual Citizenship with Australia

Some countries do not allow dual citizenship. Examples include:

• India: India does not permit dual citizenship. You must renounce Indian citizenship to obtain Australian citizenship. An Overseas Citizen of India (OCI) card offers some benefits.
• Japan: Japanese citizens must relinquish Japanese citizenship if they acquire another nationality.
• Germany and Norway: Both impose limits on dual nationality with rare exemptions.

If your country restricts dual citizenship, consult a legal professional before applying.

Triple Citizenship and Beyond

Australia has no limit on the number of nationalities a person may hold, so multiple citizenships are possible if other involved countries allow it. 

However, multiple citizenships increase complexities with taxes, military service, and compliance with each nation’s legal requirements.

Process of Applying for Australian Citizenship

Applying for Australian citizenship is a multi-step process, especially for those not born in Australia and exploring how to apply for dual citizenship Australia. The most common path is through naturalisation. 

1. Permanent Residency: Start with permanent residency. You must reside in Australia for four years, including one as a permanent resident, with limited time spent abroad.
2. Character and Language Requirements: Show good character and basic English proficiency to demonstrate integration into Australian society.
3. Application Submission: Submit an online application with documents like proof of residency, identification, and birth certificate, plus the required fee.
4. Citizenship Test/Interview: Attend a test or interview where documents are verified, and understanding of Australian values and culture is assessed.
5. Citizenship Ceremony: Attend a ceremony within six months, where you take the citizenship pledge and officially become an Australian citizen.

Key Considerations for Dual Citizenship Holders

Dual citizenship for Australia offers flexibility but requires careful planning. Consider these factors:

• Travel: Holding two passports provides travel freedom, but visa requirements differ per nationality. Always enter and exit with the correct passport to avoid issues.
• Military Service: Some nations require military service. If your other country has compulsory service, ensure you are aware of the obligations.
• Taxation: Dual citizens may need to file taxes in both countries. Consult tax advisers on international regulations to avoid double taxation.
• Government Notifications: While Australia does not require reporting a second nationality, other countries may. Check with each nation’s authorities to stay informed.

Challenges and Limitations of Dual Citizenship

Holding dual citizenship can present challenges like:

• Travel Restrictions: Some nations impose travel restrictions on dual citizens from certain countries, potentially leading to lengthy questioning at borders.
• Obligations to Two Governments: You may have to meet legal requirements in both countries, like military service or taxes.
• Professional Licensing: Regulated professions often require separate qualifications, which can be costly and time-consuming.

Your Pathway to Dual Citizenship Starts Here

Dual citizenship for Australia opens doors to new opportunities, offering work, travel, and lifestyle options in two countries. Understanding eligibility and responsibilities helps you make informed decisions.

Longton Migration is here to help you every step of the way with the experience and legal insight you need for a successful application. Contact us to learn more about dual citizenship for Australia and start your new chapter.

Australia Says Goodbye to ANZSCO, Hello to OSCA: What Changes?

Australia Says Goodbye to ANZSCO, Hello to OSCA: What Changes?

Australia is updating its occupational classification system, moving from the joint Australian and New Zealand Standard Classification of Occupations (ANZSCO) to the Occupation Standard Classification for Australia (OSCA). This shift, effective December 6, 2024, has significant implications for various sectors.   

Why the Change?

While ANZSCO served both countries for nearly two decades, evolving labour markets necessitated a tailored approach. OSCA will offer a more accurate reflection of the contemporary Australian workforce and allows for faster adaptation to future changes.   

Key Impacts:

• Skilled Migration: OSCA will likely impact skilled migration programs. Visa applicants can expect updated occupation lists and potential shifts in eligibility criteria.   
• Labour Market Analysis: OSCA provides a refined tool for analysing labour market trends, informing policy decisions, and identifying skills gaps.   
• Education and Training: Educational institutions can utilise OSCA to align courses with current industry needs, ensuring graduates possess relevant skills.
• Recruitment and HR: Employers will need to adapt to OSCA for job analysis, recruitment strategies, and workforce planning.   

What to Expect:

• Greater Detail: OSCA promises a more granular classification system, capturing emerging occupations and specialisations within the Australian context.   
• Regular Updates: OSCA is designed for dynamic updates, ensuring it remains relevant to the evolving job market.   
• Improved Data: More precise occupational data will enhance research and analysis of employment trends.   

Transition and Beyond:

The transition from ANZSCO to OSCA requires adjustments across various sectors. While some initial challenges are expected, the long-term benefits include a more accurate, flexible, and responsive classification system that better reflects the Australian labour market.   

However, because the new Skills In Demand (‘SID’) visa will also integrate the OSCA, it is likely that the SID program (slated to come into effect in late November) will be delayed until at least 6 December when the OSCA is officially released.

Contributory Aged Parent (Permanent) Visa (Subclass 864)

The Contributory Aged Parent (Permanent) Visa (Subclass 864) within Australia’s Parent Visa programme serves the dual purpose of facilitating family reunification while contributing to the nation’s economic and social fabric. 

Understanding the technical nuances and strategic implications of this programme is essential for prospective applicants and crucial for their immigration advisors to comprehend.

Visa Categories

There are a number of ways to group the visas available in Australia’s parent visa program. These include onshore v offshore (where the applicants must be when they apply), contributory v non-contributory (if a financial contribution is required), aged parent v younger parent, as well as temporary v permanent. We have set these out in subject matter order for ease of understanding.

• Parent Visa (Subclass 103, 143 and 173): These are the most popular parent visas and differ in processing times and financial requirements. Subclass 103 is queue-based, resulting in long waiting periods, whereas subclass 143 is capped but requires a substantial financial contribution, leading to ‘expedited’ processing. Both confer Australian Permanent Residence status on visa grant. The subclass 173 is a 2-year temporary visa which allows applicant(s) to amortise the cost of the second (subclass 143 visa) stage, by introducing a two-step process.
• Aged Parent Visa (Subclass 804, 864, 884): Similar to the ‘Parent’ visa categorises above, but these two subclasses are specifically designed for parents over the indexed retirement age in Australia. The Subclass 804 is the ‘Non-Contributory version’ taking substantially longer to process than the Contributory Aged Parent visa 864, which requires a substantial financial contribution. The Subclass 884 is a 2-year temporary visa that allows applicants to amortise the cost of the second stage (visa 864), introducing a two-step process. The strategic advantage of the Aged Parent visa category is that onshore applicants are able to secure a Bridging visa for the duration of processing.
• Sponsored Parent (Temporary) Visa (Subclass 870): This visa allows parents to stay in Australia temporarily for up to 5 years at a time, with a maximum of 10 years in total. It provides flexibility for parents who may not meet the requirements for or have a need for permanent visas. A word of warning: If you have applied for, or hold a subclass 870 visa, you are prevented from submitting an application in other Parent visa categories.
• Balance of Family Test: The general requirement across the subclasses requires at least half of the applicants’ children to be settled residents in Australia. This emphasises the importance of family ties in Australia, and aims to ensure that parents have a strong support network in the country and are less likely to rely on social services.
• Health and Character Requirements: These criteria reflect Australia’s stringent standards for immigration, focusing on public health and safety considerations.
• Financial Capacity: The Contributory subclasses serve to ensure that sponsored parents can financially support themselves and not burden the Australian taxpayer.
• Assurance of Support (AoS): For some categories, the sponsor must provide an AoS to financially support the parent(s) for a defined period, typically 10 years. This also serves to mitigate potential social welfare costs.

Government’s Policy Perspective

• Economic Impact: The Parent Visa program has a significant socio-economic impact. In many (often indirect) ways Subclass 143 visa holders make substantial contributions to the Australian economy, while all parent visa holders contribute through consumption, taxes, and sometimes directly through employment if they choose to work.
• Social Cohesion: Family reunification is a core value in Australian society. The Parent Visa program reinforces this value by allowing families to live together, enhancing social connections and cultural diversity.
• Policy Debate: The Parent Visa program is often a subject of debate, with discussions focusing on balancing family reunification goals with concerns about potential strain on social services and infrastructure, especially in the context of limited Aged Care services.
• Queue Management: The long processing times for these visas pose a challenge and have been highly controversial. Policymakers say they are exploring more equitable ways to manage the queue and potentially streamline the process without compromising the integrity of the program. However, it comes as a surprise to most people to learn that a parent may be waiting between 12 and 30 years for their permanent visa to be finalised.

Contributory Aged Parent (Permanent) Visa (Subclass 864): Processing Time

The 864 visa processing time varies, with demand often leading to extended waits. Here’s what applicants should anticipate.

• Length of Time: Processing can range from several months to multiple years, influenced by application volume and other factors.
• Faster Than Non-Contributory Options: As a contributory aged parent visa, the 864 visa generally has a shorter wait time than non-contributory parent visas.
• High Demand: The popularity of the 864 visa leads to potential delays, despite financial contributions aimed at expediting the process.
• Professional Guidance: Consulting an immigration advisor can clarify current wait times and help applicants plan effectively, especially if a bridging visa is needed to remain in Australia while the application is pending.

Key Strategies for Applicants

• Objectives: Seek the advice of a competent immigration adviser to discuss the overall objectives, timing considerations, and financial implications. Is permanent residence necessary? Are work rights important?  Is a bridging visa an option whilst waiting in Australia? Will the applicants need Medicare coverage sooner than later?
• Professional Guidance: A competent immigration advisor in Australia means an immigration lawyer or registered migration agent experienced in these visa categories who can help you navigate the intricacies of the visa system and maximise the chances of success.
• Early Preparation: With the benefit of strategic migration planning, begin gathering the necessary documents well in advance to avoid delays in the application process.
• Financial Planning: If considering the contributory visa categories, ensure you have the financial resources or financial planning to meet the contribution requirement.
• Realistic Expectations: Understand that the non-contributory parent visas may involve a significant waiting period.

Conclusion

The Australian Parent Visa program is clearly a complex yet vital pathway for family reunification. Understanding the technical aspects and strategic implications can enable potential applicants to make informed decisions and navigate the process more effectively than applicants who go into the process on a ‘wing and a prayer’.

Our migration professionals are standing by to help you plan your Australian story, including assistance with the Contributory Aged Parent (Permanent) visa (Subclass 864).

Graduate Temporary 485 Visa to PR: Your Pathway to PR

The Graduate Temporary 485 Visa to PR pathway begins with the subclass 485 visa, a temporary graduate visa that allows international students who have recently graduated from an Australian educational institution to live, work, and study in Australia temporarily after their studies have ended. 

There are two main streams within the subclass 485 visa (in addition to a subsequent / 2nd 485):

• Post-Vocational Education Work stream: This stream is for international students who have recently graduated with qualifications that are relevant to specific occupations Australia needs. It lets you live, study and work in Australia temporarily. The length of stay on this visa is up to 18 months.   
• Post-Study Work stream: This stream is for international students who have recently graduated with a degree from an Australian institution. It lets you live, work and study in Australia temporarily. The length of stay on this visa is usually between 2 and 3 years, depending on your qualification. Hong Kong and British National Overseas passport holders may stay for 5 years.   

Permanent Visa Options for Holders of a Graduate Temporary 485 Visa to PR

There are a number of permanent visa options after 485 available to holders of a subclass 485 visa, including:

• Skilled Independent Visa (subclass 189): This visa is for skilled workers who are not sponsored by an employer or family member. To be eligible for this visa, you must have a skilled occupation that is in demand in Australia and meet certain points requirements.   
• Skilled Nominated Visa (subclass 190): This visa is for skilled workers who are nominated by a state or territory government. To be eligible for this visa, you must have a skilled occupation that is in demand in the nominating state or territory and meet certain points requirements.   
• Skilled Work Regional (Provisional) Visa (subclass 491)

Purpose: To attract skilled workers to designated regional areas of Australia.

Eligibility: 

• Nomination: You need to be nominated by a state or territory government agency, OR sponsored by an eligible relative living in a designated regional area.
• Occupation: Your occupation must be on the relevant skilled occupation list.
• Skill Assessment: You need a positive skills assessment for your nominated occupation.
• Age: Be under 45 years old when you apply.
• English: Have ‘Competent’ English (equivalent to IELTS 6 in each band).
• Points Test: Meet the minimum points requirement, which can vary.

Visa Duration: 5 years.

Pathway to PR: After 3 years living and working in a designated regional area on this visa, and meeting income and other requirements, you may be eligible to apply for the Permanent Residence (Skilled Regional) Visa (subclass 191).

• Skilled Employer Sponsored Regional (Provisional) Visa (subclass 494)

Purpose: Allows regional employers to address labor shortages by sponsoring skilled workers they can’t source locally.

Eligibility: 

• Employer Sponsorship: You must be sponsored by an approved employer in a designated regional area.
• Occupation: Your occupation must be on the relevant skilled occupation list OR the Regional Occupation List.
• Skill Assessment: You need a positive skills assessment for your nominated occupation.
• English: Have ‘Competent’ English (equivalent to IELTS 6 in each band).
• Age: Generally, be under 45 years old.
• Genuine Position: The position offered must be genuine and ongoing.

Visa Duration: 5 years.

Pathway to PR: After 3 years working for your sponsoring employer in a designated regional area on this visa, and meeting income and other requirements, you may be eligible to apply for the Permanent Residence (Skilled Regional) Visa (subclass 191).

Key Differences:

491: Focuses on attracting skilled workers to regional areas through state/territory nomination or family sponsorship.

494: Focuses on filling specific skills gaps in regional areas through employer sponsorship.

• Employer Nomination Scheme (subclass 186): This visa is for skilled workers who have been nominated by an employer to fill a skilled position. To be eligible for this visa, you must have a skilled occupation that is in demand in Australia and have been offered a position by an approved Australian employer.  There are two main streams, and most people transition via a subclass 482 Temporary Skill Shortage (TSS, subclass 482) visa after a 2-year qualifying period.
• Regional Sponsored Migration Scheme (subclass 187): This visa is for skilled workers who have been nominated by an employer to fill a skilled position in a designated regional area of Australia. To be eligible for this visa, you must have a skilled occupation that is in demand in the nominating region and have been offered a position by an approved Australian employer.  The main criteria are analogous to the subclass 186 visa.

Other Options

In addition to the above permanent visa options, holders of a subclass 485 visa may also be eligible for other permanent visas, such as:

1. Partner visa: If you are in a de facto relationship or married to an Australian citizen or permanent resident, you may be eligible for a partner visa.   
2. Parent visa: If you have a child who is an Australian citizen or permanent resident, you may be eligible for a parent visa.

How to Apply for 485 Visa

To apply for the 485 visa, follow these key steps:

1. Meet the Eligibility Criteria: Ensure you meet all requirements, including having completed your studies in Australia in the last six months and having an eligible qualification.
2. English Language Proficiency: Demonstrate Competent English (equivalent to IELTS 6 in each band) if required.
3. Health and Character Requirements: Meet Australia’s health and character requirements by undergoing relevant checks and obtaining a police certificate.
4. Gather Required Documents: Prepare essential documents, including proof of identity, qualification details, health insurance, and English language test results if necessary.
5. Submit an Online Application: Lodge your visa application through the Australian Department of Home Affairs website. Ensure all information is accurate and fees are paid.
6. Await a Decision: Processing times can vary, so monitor your application status and respond promptly if additional information is requested.

Graduate Temporary 485 Visa to PR: Your Pathway to Permanent Residency

The Australian graduate visa offers a valuable opportunity for international graduates to gain Australian work experience and ultimately pursue permanent residency.

By exploring pathways such as the Skilled Independent, Skilled Nominated, and Regional Sponsored Migration schemes, you can increase your chances of achieving your dream of becoming an Australian permanent resident.

Take the next step towards your Graduate Temporary 485 Visa to PR journey with Longton Migration. Our expert team is here to guide you through visa options tailored to your goals. Contact us today for personalised assistance!

*This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*

Understanding Work Rights on Student Visa (8105 Condition)

In Australia’s Subclass 500 Student visa, Work Rights on Student Visa (8105 Condition) is a key factor for international students aiming to pursue their studies in Australia. This visa allows students to enrol in a recognised course and live in Australia for the duration of their studies.

However, it has mandatory Visa conditions 8105 – work limitation attached to it. Understanding these work rights is crucial for international students who want to balance their academic commitments with employment while studying.

The Subclass 500 Student Visa is designed for international students who are enrolled in a full-time CRICOS or ELICOS course in Australia. This visa provides students with the opportunity to work part-time while studying in Australia although there are limitations on the student’s work rights.

How Long Does a Student Visa Last?

A student visa in Australia is generally valid for the length of the student’s course. In most cases, students can arrive in Australia up to three months before their studies commence. Once their course is completed, they are typically allowed to remain in Australia for a few months, giving them time to finalise their affairs or apply for further visas.

For example, if a student finishes their course in December, their student visa will usually remain valid until around March the following year, allowing them some flexibility after completing their studies.

Work Limitation

Under visa condition 8105, international students must not engage in any work in Australia before their course of study commences.

Once the course of study has commenced, international students under student visa condition 8105 are permitted to work in Australia for up to 48 hours per fortnight.  This work limitation is designed to ensure that students prioritise their studies and do not overextend themselves with work commitments.

During official university or college break, students can work unlimited hours. This flexibility allows students to increase their work hours when they are not required to be attending lectures full-time and focus on their studies.

Students must comply with the work limitation imposed by Condition 8105. Breaching this condition, such as working more than the allowed hours during the academic term, can lead to serious consequences such as cancellation of the Subclass 500 Student visa.

The Subclass 500 Student visa provides international students with the opportunity to gain valuable work experience while studying in Australia. However, it is essential to adhere to the 8105 visa condition, which limits work hours to ensure students can focus on their academic pursuits and successfully complete their studies in Australia.

By understanding and complying with this condition, students can successfully balance their studies and work, contributing positively to their overall experience in Australia.

For personalised advice and the most current information, students should always consult an immigration lawyer or a registered migration agent.

Working in Australia After Graduation

If you want to stay and work in Australia after completing your studies, you will need to apply for a new work visa before your student visa expires. As an international graduate, you may be eligible for the following options:

• Post-Study Work stream of the Temporary Graduate Visa (subclass 485): Available if you have completed a Bachelor’s, Master’s, or Doctoral degree, allowing you to remain in Australia temporarily.
• Expression of Interest (EOI) through SkillSelect: You can apply for approval to stay in Australia as a skilled worker.
• State or territory government nomination: This is an option for skilled or business migration, offering pathways to permanent residency.

By adhering to the Work Rights on Student Visa (8105 Condition), you can maximise your opportunities to continue your career journey in Australia after graduation.

Exploring Work Rights on Student Visa (8105 Condition)

Understanding the Work Rights on Student Visa (8105 Condition) is essential for international students to balance their studies and work while in Australia. Complying with these rules ensures a smooth academic journey and protects your visa status.

For expert advice on navigating Work Rights on Student Visa (8105 Condition) and securing post-graduation visas, consult the professionals at Longton Migration. Our team can help you maximise your opportunities to stay and work in Australia. Contact us today!

*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*

Training Visa Subclass 407: Occupational Training in Australia

The Training Visa Subclass 407 is a pathway designed for individuals who seek occupational training in Australia. Unlike other visa options, the Training Visa Subclass 407 is not intended to address labor shortages but instead focuses on providing opportunities for professional development and skill enhancement. 

Through this visa, Australian organisations and government agencies can sponsor overseas individuals to participate in targeted training activities that contribute to their professional growth.

Training Visa Subclass 407: 3 Stages Of Application

The process of obtaining a Subclass 407 visa involves several stages, particularly for non-Commonwealth agencies:

• Sponsorship: The sponsoring organisation must first apply for approval as a temporary activities sponsor. This step ensures their eligibility to sponsor individuals for training purposes.
• Nomination Application: Once the sponsorship is submitted, or approved, the organisation submits a nomination application. This application provides detailed information about the sponsor, the nominee (the trainee), the nature of the training, and how it will be delivered. This ensures that the proposed training aligns with the visa’s objectives.
• Visa Application: Finally, the trainee applies for the Subclass 407 visa. To be granted the visa, the trainee must meet specific requirements, including health, character, and genuine temporary entrant criteria.

For Commonwealth agencies, the process is slightly different as they are exempt from nominating a specific training program. However, they still need to fulfill their sponsorship obligations.

What Are the Requirements for the 407 Training Visa?

To be eligible for the Australian Training Visa, you need to meet a few basic requirements. So, what do you need?

• Be 18 years or older
• Have functional English skills
• Hold private health insurance
• Genuinely plan to stay in Australia temporarily for your training
• Meet the health and character checks

Plus, you’ll need to be sponsored by an approved Temporary Activities Sponsor. These criteria help ensure that you’re fully prepared for your training experience in Australia.

How Long Can You Stay on a Training Visa?

The 407 Training Visa Sponsorship is granted for a set period, typically ranging from six months to two years. The length of your visa depends on how much training you need, and this decision is made by your Immigration Case Officer. Once your 407 Training Visa expires, you may have the option to apply for another visa.

What Does the Training Visa Allow?

If you’re outside Australia when your visa is granted, you can:

• Travel to Australia and enter after your visa is approved.
• Stay in Australia for the duration granted (up to two yaears), starting from the day you first arrive.

If you’re already in Australia when your visa is granted, you can:

• Stay in Australia for the period granted (up to two years), starting from the day your visa is approved.
• The stay duration will match the length of your training program or professional development.

Once your visa is granted, you’ll receive a visa grant notification letter, which outlines all the details, including your stay period and any entry requirements.

Limited Work Rights for Secondary Applicants

For secondary applicants (such as family members) accompanying the primary visa holder, work rights are limited under the Subclass 407 visa. Secondary applicants are allowed to work up to 40 hours per fortnight while in Australia. 

This limitation ensures that the primary focus remains on the training and development of the visa holder, while still allowing secondary applicants some flexibility to support themselves financially.

Key Takeaways

• Purpose: The Subclass 407 visa is specifically designed for occupational training, not for employment.
• Eligibility: Both sponsors and nominees must meet specific criteria to be eligible for this visa.
• Process: The visa process involves three main stages: sponsorship, nomination, and visa application.
• Assessment: Nominations are rigorously assessed based on the genuineness of the training opportunity and other factors. A detailed training plan is the cornerstone of the 407 visa programme.
• Work Rights: Primary applicants can work full time, whilst secondary applicants have limited work rights, allowing them to work up to 40 hours per fortnight.

The Training Visa Subclass 407 offers a valuable opportunity for professional development in Australia. Understanding the process and requirements of the Training Visa is essential for a successful application. Contact Longton for more details. If you’re considering applying for this visa, it’s advisable to seek professional advice to ensure you meet all the criteria and maximise your chances of approval.

*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*

Resident Return visa (Subclasses 155 and 157) Explained

This question has been asked a lot: My current Australian permanent visa is valid for 5 years. Does it mean I lose my permanent residency after 5 years? Let us explore this question further with the Resident Return visa (subclasses 155 and 157).

Understanding the Resident Return Visa

Under Section 30(1) of the Migration Act 1958, holding a permanent visa allows you to stay in Australia indefinitely. However, the travel facility that comes with your permanent residency is valid for 5 years from the date of grant. After this, if you wish to travel outside Australia and return, you will need to apply for a Resident Return Visa (RRV).

The resident return visa subclasses 155 and 157 are designed to renew your ability to leave and re-enter Australia as a permanent resident. They ensure that you maintain your status while travelling internationally.

Eligibility for a 5-Year Resident Return Visa (Subclass 155) 

To qualify for a 5-year Resident Return Visa subclass 155, you must have:

• Spent at least 2 years (730 days) in Australia within the last 5 years as a permanent resident or former citizen.

Meeting this requirement shows a commitment to Australia and allows you to renew your travel facility for another 5 years.

Eligibility for a 1-Year Resident Return Visa (Subclass 155)

If you haven’t met the 2-year residence requirement, you may still be eligible for a 1-year Resident Return Visa subclass 155. The conditions include:

• Not being absent from Australia for 5 continuous years or more.
• Being a permanent resident or citizen when you last left Australia.
• Demonstrating substantial ties to Australia that benefit the country.

Types of Substantial Ties

Substantial ties can be:

• Business ties: Owning or managing a business in Australia.
• Employment ties: Working for an Australian company.
• Personal ties: Having close family members who are Australian citizens or permanent residents.
• Cultural ties: Involvement in cultural activities benefiting Australia.

If you’ve been absent for more than 5 years but less than 10 years, you must also provide compelling reasons for your absence, such as caring for a sick family member overseas.

Eligibility for a 3-Month Resident Return Visa (Subclass 157)

If you do not meet the requirements for the Subclass 155 visa, you might be eligible for a 3-month Subclass 157 visa. To qualify, you must:

• Have been lawfully present in Australia for at least one day in the last 5 years as a permanent resident or citizen.
• Have not been absent from Australia for more than 3 continuous months immediately before applying, unless there are compelling and compassionate reasons.

Compelling reasons might include unforeseen events like natural disasters or medical emergencies that prevented your return.

Family Members and the Resident Return Visa 

Family members can also be considered when applying for a Resident Return Visa. If you are part of the family unit of someone who holds or is eligible for a Resident Return Visa, you may qualify for a 12-month RRV. This includes spouses, de facto partners, and dependent children.

How to Apply for Resident Return Visa RRV Subclass 155 and 157

To apply for Resident Return Visa RRV Subclass 155 and 157, submit an application to the Department of Home Affairs, usually through the ImmiAccount portal. You’ll need to provide:

• Evidence of your residency periods in Australia.
• Proof of substantial ties or compelling reasons if required.
• Valid travel documents.

Ensure all information is accurate to avoid delays.

Resident Return Visa Subclass 155 and 157 Cost

The resident return visa subclass 155 and 157 cost varies depending on your circumstances. As of now, the standard fee is AUD $425 for online applications. Additional charges may apply for paper applications or if biometrics are required. Always check the latest fees on the Department of Home Affairs website or consult a migration agent.

Important Considerations

• Processing Times: These can vary, so apply well before your current travel facility expires.
• Travel Plans: Without a valid travel facility, you may not be able to return to Australia as a permanent resident if you leave.
• Citizenship: If eligible, consider applying for Australian citizenship to eliminate the need for Resident Return Visas.

Conclusion

Understanding the Resident Return Visa (subclasses 155 and 157) is essential for Australian permanent residents who wish to travel abroad. Whether you need a 5-year, 1-year, or 3-month visa depends on your time spent in Australia and your ties to the country. By meeting the eligibility criteria and applying in time, you can maintain your permanent residency status and enjoy the freedom to travel.

Need assistance with your Resident Return Visa (subclasses 155 and 157) application? Contact Longton Migration today for expert advice and personalised support.

*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*