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Skilled Migration in Australia: A Comprehensive Look at the Migration Review Report

The Migration Review Report, released by the Department of Home Affairs, offers a detailed analysis of Australia’s immigration landscape, including skilled migration. As an immigration expert, I will examine the data and comparisons provided in the report, discuss the proposed changes for skilled migration, and assess their potential impacts on the current Australian immigration system. This in-depth analysis will help skilled migrants interested in opportunities in Australia better understand the future of skilled migration and its implications for their prospects in the country. Data and Comparisons: Skilled Migration’s Role in Australia’s Immigration Landscape: – Skilled migrants accounted for 68% of the total migration intake in 2019-2020. – The report highlights the importance of skilled migration for Australia’s economy, as skilled migrants contribute to innovation, productivity, and competitiveness. Employment Outcomes for Skilled Migrants: – The report indicates that skilled migrants have high employment rates, with 77% of skilled migrants in the labor force within six months of arrival. – Skilled migrants have helped fill skills gaps in industries such as information technology, engineering, and healthcare. Proposed Changes and Impacts: Refining the Skilled Migration Program: – The report recommends refining the skilled migration program to better align it with Australia’s economic and workforce needs. – This change will benefit both Australian businesses and skilled migrants, ensuring that Australia continues to attract the right talent to support economic growth and fill skills shortages. Streamlining Visa Processing for Skilled Migrants: – The report proposes simplifying the visa application process and reducing processing times for skilled migrants. – This change will make it easier for skilled migrants to obtain visas, enhancing Australia’s competitiveness in attracting top talent from around the world. Enhancing Support Services for Skilled Migrants: – The report suggests enhancing support services for skilled migrants to help them better integrate into Australian society and access essential services, such as healthcare, education, and employment. – Improved support services will promote the well-being of skilled migrants and contribute to social cohesion in Australia. My Analysis: The Migration Review Report’s findings on skilled migration emphasize the significance of skilled migration in supporting Australia’s economy and addressing skills shortages. The proposed changes, if implemented, could create a more efficient, responsive, and tailored immigration system that caters to the needs of skilled migrants and the Australian labor market. By refining the skilled migration program, streamlining visa processing, and enhancing support services, Australia can continue to attract skilled migrants and support its economic development. Conclusion: The Migration Review Report offers critical insights into the future of skilled migration in Australia. By examining the data and comparisons, as well as the proposed changes and their potential impacts, skilled migrants interested in opportunities in Australia can gain a better understanding of what to expect from the Australian immigration system in the coming years. These changes aim to create a more efficient, responsive, and tailored immigration system that benefits skilled migrants, Australian businesses, and the Australian economy as a whole. For more information and updates on Australian immigration, visit www.migrationcentreofaustralia.com.au.
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Australian Immigration: A Comprehensive Look at the Migration Review Report and its Impact on Different Immigration Groups

The Department of Home Affairs recently released the Migration Review Report, a comprehensive 195-page document outlining the future of immigration in Australia. In this blog post, we will delve into the key findings and recommendations of the report and discuss their implications for different immigration groups, such as family, skilled, humanitarian, and regional migrants. This analysis will help you understand how the report will shape the future of Australian immigration and its impact on your migration journey. 1. Skilled Migration: Attracting and Retaining Global Talent Skilled migration has always been a cornerstone of Australia’s immigration policy, and the Migration Review Report emphasizes its continued importance. The report recommends the following measures to attract and retain skilled migrants: (a) Streamlined visa processing: The government aims to simplify and speed up the visa application process for skilled migrants, reducing wait times and making it easier for qualified professionals to obtain visas. (b) Targeted migration programs: The report recommends tailoring migration programs to specific industry needs, ensuring that Australia remains competitive in the global market by addressing skills shortages and attracting top talent. (c) Incentivizing employer sponsorship: The government will explore ways to incentivize employers to sponsor skilled migrants, making it easier for businesses to find the talent they need and for skilled workers to secure long-term employment in Australia.   2. Family Migration: Strengthening Ties and Fostering Social Cohesion Family migration is essential for maintaining strong community ties and promoting social cohesion. The Migration Review Report recognizes the importance of family migration and recommends the following improvements: (a) Simplifying the application process: The report calls for a more straightforward and efficient application process for family visas, reducing the administrative burden on applicants and their families. (b) Expanding eligibility criteria: The government will review and update the eligibility criteria for family visas to better reflect the needs of modern families, such as recognizing same-sex partnerships and addressing the challenges faced by blended families. (c) Enhancing support services: The report emphasizes the need for better support services to help migrants and their families navigate the complexities of the Australian immigration system, ensuring a smoother transition to life in Australia.   3. Humanitarian Migration: Upholding Australia’s Commitment to Compassion and Protection Australia has a long history of providing protection and assistance to refugees and asylum seekers. The Migration Review Report acknowledges the ongoing need for a robust humanitarian migration program and recommends the following measures: (a) Increasing the humanitarian intake: The report suggests increasing Australia’s annual humanitarian intake to better respond to global displacement crises and uphold the nation’s commitment to providing protection and assistance to those in need. (b) Strengthening community sponsorship: The government will explore ways to enhance and expand the Community Sponsorship Program, allowing more Australians to play a direct role in supporting refugees and asylum seekers as they settle into their new lives. (c) Enhancing integration and support services: The report highlights the importance of providing tailored support services to refugees and asylum seekers, helping them integrate into Australian society and achieve self-sufficiency.   4. Regional Migration: Fostering Balanced Population Growth and Economic Development The Migration Review Report emphasizes the need for regional migration to address skill shortages in regional areas, promote economic development, and foster balanced population growth. The report recommends the following initiatives: (a) Expanding regional migration pathways: The government will review and expand existing regional migration pathways, such as the Regional Sponsored Migration Scheme and the new Regional Work Visa, to attract more migrants to settle in regional areas. (b) Enhancing regional infrastructure and services: The report recommends investing in regional infrastructure and services, such as healthcare, education, and transport, to make regional areas more attractive to migrants and facilitate their integration into local communities. (c) Encouraging collaboration between stakeholders: The government will promote collaboration between regional governments, employers, and community organizations to develop tailored migration strategies and ensure the successful settlement of migrants in regional areas.   5. Embracing Multiculturalism and Fostering Social Cohesion The Migration Review Report highlights the importance of embracing Australia’s diverse and multicultural society. The government will prioritize initiatives that promote multiculturalism and inclusivity, such as: (a) Supporting multicultural organizations: The government will continue to invest in and collaborate with multicultural organizations, recognizing their vital role in promoting social cohesion and assisting migrants as they settle into Australian society. (b) Implementing inclusive policies: The report calls for the development and implementation of policies that promote inclusivity and address discrimination, ensuring that all migrants have equal access to opportunities and support services. (c) Celebrating cultural diversity: The government will actively promote events and initiatives that celebrate Australia’s rich cultural diversity, fostering greater understanding and appreciation of different cultures and traditions.   Conclusion: The Migration Review Report offers a comprehensive look at the future of Australian immigration, with a focus on attracting skilled migrants, strengthening family and humanitarian programs, promoting regional migration, and embracing multiculturalism. As a result, we can expect significant improvements to visa processing, tailored migration programs, and enhanced support services for migrants in the coming years.
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Navigating the Australian Immigration Reform: Key Changes and Opportunities for Skilled Migrants

Introduction The Australian immigration landscape is set for a significant overhaul as the government aims to address the challenges and shortcomings of the current system. As an Australian immigration law expert, our team at the Migration Centre of Australia is dedicated to providing you with the most up-to-date and useful information regarding these changes. In this blog post, we will discuss the key reforms proposed by the Australian Minister of Home Affairs and Immigration, and how they may impact you as a skilled migrant or potential applicant. Understanding the Need for Reform The current Australian immigration system has been plagued by a series of ad hoc and piecemeal changes over the last decade. This has resulted in a complex and inefficient system that does not effectively meet the needs of the Australian economy or its migrants. The proposed reforms seek to prioritize skilled migrants, simplify the system, and restore Australian values at the heart of the process. Three New Pathways for Temporary Skilled Migrants One of the most significant changes to the migration system is the restructuring of the temporary skilled migration program. The reform proposes three new pathways for skilled migrants: A fast, simple route for specialized, highly skilled workers: This pathway is designed to attract top talent and drive innovation in the Australian economy. It will enable such workers to quickly obtain the necessary visas and contribute to the growth of high-value industries. A mainstream temporary skilled pathway: This pathway will focus on evidence-based assessments of skills needs, replacing the outdated approaches currently in place. By ensuring that migrants have the core skills required by the Australian economy, this pathway will help address skill shortages and maintain the integrity of the skilled migration program. A regulated pathway for workers in essential industries: Recognizing the importance of certain sectors, such as care, the government aims to create proper, capped, safe, and regulated pathways for workers in these industries. This will not only support the industries themselves but also provide better protection for the workers involved. Improving the Selection Process for Permanent Residents The reform also addresses the need to improve the selection process for permanent residents, with a particular focus on the points test. The current test has been criticized for being too lenient and rewarding persistence rather than the skills Australia needs for its future. The government aims to redesign the points test to ensure that it is more efficient and better aligned with the country’s economic growth and long-term objectives. Engaging with Global Talent and Addressing Skill Shortages The Australian government acknowledges the need to actively engage with global talent and address skill shortages. As part of the proposed reforms, a new department will be created to work with Jobs and Skills Australia to identify skill needs in the country’s economy. This department will proactively search for migrants who can contribute to Australia’s growth and invite them to join the nation’s journey. Simplifying the System and Reducing Red Tape The current Australian migration system is notorious for its complexity, which creates unnecessary barriers for migrants and employers alike. The reform aims to simplify the system by reducing the number of visa categories and adopting a data-driven approach to migration. This will help streamline the process for applicants and remove bureaucratic obstacles. Collaborating with States and Territories for Better Planning A key aspect of the reform is the need for closer collaboration between the federal government and state and territory governments. By working together, these governments can better plan for population changes, infrastructure, and housing, ensuring that the migration system benefits both migrants and the broader Australian community. Protecting Migrants from Exploitation Migrant exploitation is a pressing issue in Australia, and the proposed reforms include measures to address this. By providing migrants with more flexibility to change employers and enforcing workplace rights, the government aims to create a fairer system that protects the rights of all workers. Increasing the Temporary Skilled Migration Income Threshold (TSMIT) The Temporary Skilled Migration Income Threshold (TSMIT) will be increased from $53,900 to $70,000 from July 1. Therefore, employers who wish to nominate workers for subclass 482, 186 and 187, must offer a salary which is not less than the new Temporary Skilled Migration Income Threshold (TSMIT) of $70,000 from 1 July 2023. International Students and the Migration System The role of international students in the migration system is another area of focus for the reform. The government aims to create simpler and faster pathways for high-performing students with the skills Australia needs, while also ensuring that the international student system has integrity. This will involve tightening the requirements for international students studying in Australia and making sure they are genuinely here to study. Restoring Australian Values at the Heart of the System The reform seeks to restore Australian values, such as integrity, fairness, and inclusion, at the heart of the migration system. To achieve this, the government plans to improve post-arrival monitoring and enforcement of wages and conditions, better regulate migration agents, and end the practice of “permanent temporariness.” Furthermore, the reform will focus on streamlining skills recognition to help more migrants enter the labor market at a level that matches their qualifications. Conclusion The proposed reforms to the Australian migration system represent a significant shift in the way skilled migrants are prioritized, selected, and supported. As an Australian immigration law expert, the Migration Centre of Australia is committed to keeping you informed of these changes and providing guidance throughout the process. It is crucial for skilled migrants and potential applicants to stay up-to-date with the latest information and be prepared for the new opportunities that these reforms may bring. By staying informed and adapting to these changes, skilled migrants can be better positioned to navigate the evolving Australian immigration landscape and take advantage of the opportunities offered by the new system. The Migration Centre of Australia is here to support you every step of the way, offering expert advice and guidance on all aspects of the Australian migration process. We will continue
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Navigating the Australian Immigration Reform: Key Changes and Opportunities for Skilled Migrants

Introduction The Australian immigration landscape is set for a significant overhaul as the government aims to address the challenges and shortcomings of the current system. As an Australian immigration law expert, our team at the Migration Centre of Australia is dedicated to providing you with the most up-to-date and useful information regarding these changes. In this blog post, we will discuss the key reforms proposed by the Australian Minister of Home Affairs and Immigration, and how they may impact you as a skilled migrant or potential applicant.   Understanding the Need for Reform The current Australian immigration system has been plagued by a series of ad hoc and piecemeal changes over the last decade. This has resulted in a complex and inefficient system that does not effectively meet the needs of the Australian economy or its migrants. The proposed reforms seek to prioritize skilled migrants, simplify the system, and restore Australian values at the heart of the process.   Three New Pathways for Temporary Skilled Migrants One of the most significant changes to the migration system is the restructuring of the temporary skilled migration program. The reform proposes three new pathways for skilled migrants: A fast, simple route for specialized, highly skilled workers: This pathway is designed to attract top talent and drive innovation in the Australian economy. It will enable such workers to quickly obtain the necessary visas and contribute to the growth of high-value industries. A mainstream temporary skilled pathway: This pathway will focus on evidence-based assessments of skills needs, replacing the outdated approaches currently in place. By ensuring that migrants have the core skills required by the Australian economy, this pathway will help address skill shortages and maintain the integrity of the skilled migration program. A regulated pathway for workers in essential industries: Recognizing the importance of certain sectors, such as care, the government aims to create proper, capped, safe, and regulated pathways for workers in these industries. This will not only support the industries themselves but also provide better protection for the workers involved.   Improving the Selection Process for Permanent Residents The reform also addresses the need to improve the selection process for permanent residents, with a particular focus on the points test. The current test has been criticized for being too lenient and rewarding persistence rather than the skills Australia needs for its future. The government aims to redesign the points test to ensure that it is more efficient and better aligned with the country’s economic growth and long-term objectives.   Engaging with Global Talent and Addressing Skill Shortages The Australian government acknowledges the need to actively engage with global talent and address skill shortages. As part of the proposed reforms, a new department will be created to work with Jobs and Skills Australia to identify skill needs in the country’s economy. This department will proactively search for migrants who can contribute to Australia’s growth and invite them to join the nation’s journey.   Simplifying the System and Reducing Red Tape The current Australian migration system is notorious for its complexity, which creates unnecessary barriers for migrants and employers alike. The reform aims to simplify the system by reducing the number of visa categories and adopting a data-driven approach to migration. This will help streamline the process for applicants and remove bureaucratic obstacles.   Collaborating with States and Territories for Better Planning A key aspect of the reform is the need for closer collaboration between the federal government and state and territory governments. By working together, these governments can better plan for population changes, infrastructure, and housing, ensuring that the migration system benefits both migrants and the broader Australian community.   Protecting Migrants from Exploitation Migrant exploitation is a pressing issue in Australia, and the proposed reforms include measures to address this. By providing migrants with more flexibility to change employers and enforcing workplace rights, the government aims to create a fairer system that protects the rights of all workers.   Increasing the Temporary Skilled Migration Income Threshold (TSMIT) The Temporary Skilled Migration Income Threshold (TSMIT) will be increased from $53,900 to $70,000 from July 1. Therefore, employers who wish to nominate workers for subclass 482, 186 and 187, must offer a salary which is not less than the new Temporary Skilled Migration Income Threshold (TSMIT) of $70,000 from 1 July 2023.   International Students and the Migration System The role of international students in the migration system is another area of focus for the reform. The government aims to create simpler and faster pathways for high-performing students with the skills Australia needs, while also ensuring that the international student system has integrity. This will involve tightening the requirements for international students studying in Australia and making sure they are genuinely here to study.   Restoring Australian Values at the Heart of the System The reform seeks to restore Australian values, such as integrity, fairness, and inclusion, at the heart of the migration system. To achieve this, the government plans to improve post-arrival monitoring and enforcement of wages and conditions, better regulate migration agents, and end the practice of “permanent temporariness.” Furthermore, the reform will focus on streamlining skills recognition to help more migrants enter the labor market at a level that matches their qualifications.   Conclusion The proposed reforms to the Australian migration system represent a significant shift in the way skilled migrants are prioritized, selected, and supported. As an Australian immigration law expert, the Migration Centre of Australia is committed to keeping you informed of these changes and providing guidance throughout the process. It is crucial for skilled migrants and potential applicants to stay up-to-date with the latest information and be prepared for the new opportunities that these reforms may bring. By staying informed and adapting to these changes, skilled migrants can be better positioned to navigate the evolving Australian immigration landscape and take advantage of the opportunities offered by the new system. The Migration Centre of Australia is here to support you every step of the way, offering expert advice and guidance
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Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023

Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023, dated 9 February 2023 amend the Migration Regulations 1994 to amend criteria for making a valid application for the Subclass 851 Resolution of Status visa (RoS) by certain persons who hold or have held a Subclass 785 (Temporary Protection) visa TPV or a 790 (Safe Haven Enterprise) visa SHEV, as well as certain children born in Australia to those persons. The instrument facilitates the transition to permanent residence of persons who arrived in Australia before the commencement date (TPV/SHEV transition day) and who applied for or obtained temporary protection in Australia through a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa. The instrument makes the following amendments: Item 1 This item inserts the definition of TPV/SHEV transition day in regulation 1.03 of the Migration Regulations as the day that Schedule 1 to the Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023 commences (14 February 2023). Item 2 It inserts regulation 2.08G which convert certain applications for Subclass 785 visas (TPV) and Subclass 790 visas (SHEV) into applications for a permanent visa, Subclass 851 (Resolution of Status) visa. The cohort of people for whom the visas are converted and the time when the visas are converted are mentioned in the table within the instrument: Table item 1 It includes the applications by applicants who hold a TPV or a SHEV on the TPV/SHEV transition day (14 February 2023) and who have made a further application for a TPV or SHEV which is pending before Minister on the TPV/SHEV transition day. Table item 2 It includes the applications by applicants who hold a TPV or a SHEV on the TPV/SHEV transition day (14 February 2023) and who have made a further application for a TPV or SHEV which had been refused by the Minister before the TPV/SHEV transition day. In this case, the application is only converted to a RoS application if the applicant is successful in a challenge to the refusal decision at merits review or judicial review and the application is remitted to the Minister after the order of the tribunal or court on or after the TPV/SHEV transition day. Table item 3 It deals with the applicant who does not hold or have held TPV or SHEV which means they are first time applicants for the TPV or SHEV, in cases where the Minister has not made a decision on the application before the TPV/SHEV transition day (14 February 2023). The applications will be converted to RoS applications if the Minister makes a record that the applicant satisfies the criteria for the grant of the Subclass 785 (Temporary Protection) visa; or Subclass 790 (Safe Haven Enterprise) visa. Table item 4 It covers the applications by applicants who are first time applicants for the TPV or SHEV, in cases where the Minister decided to refuse to grant the visa before the TPV/SHEV transition day. In this case, the application is only converted to a RoS application if the applicant is successful in a challenge to the refusal decision at merits review or judicial review and the application is remitted to the Minister after the order of the tribunal or court on or after the TPV/SHEV transition day and the Minister makes a record that the applicant satisfies the criteria for the grant of the Subclass 785 (Temporary Protection) visa; or Subclass 790 (Safe Haven Enterprise) visa. Item 3 This item amends the application validity requirement for the RoS visa as set out in item 1127AA of Schedule 1 to the Migration Regulations, imposed pursuant to section 46 (authorising criteria and requirements to make a valid application for a visa) of the Migration Act. The following applicants can make an application for the RoS visa: Table item 4 It covers the applicants who hold a TPV or a SHEV and first entered Australia before the TPV/SHEV transition day (14 February 2023) and the applicant has not made another valid application for a TPV or a SHEV that has not been finally determined. Table Item 5 It deals with applicants who did not hold a TPV or SHEV on the TPV/SHEV transition day (14 February 2023) and at any time before the TPV/SHEV transition day, the applicant held a TPV or SHEV and the TPV or SHEV most recently held by the applicant was not cancelled and no subsequent application for a TPV or SHEV has been refused and finally determined. Table Item 6 It covers applicants who are children born in Australia to persons covered by table items 4 and 5 provided that at the time of application for a RoS visa, the applicant has not made a valid application for a TPV or a SHEV that has not been finally determined. Table Item 7 It deals with applicants who are children born in Australia to persons who hold RoS visas granted on the basis of an application taken to have been made under new regulation 2.08G, provided that at the time of application for a RoS visa, the applicant has not made a valid application for a TPV or a SHEV that has not been finally determined. The VAC for all these applicants is nil. Items 5 and 7 Items 5 & 7 inserts new paragraphs 1403(3)(ba) and 1404(3)(ba) in Schedule 1 to the Migration Regulations which specifies that a valid application for a TPV or SHEV can only be made by a person who first entered Australia on or after the TPV/SHEV transition day, or who entered before that day and, as at the TPV/SHEV transition day, had not made a TPV or SHEV application, or had made an application that had been finally determined and was not subject to any ongoing judicial review. This amendment is consistent with the policy of transitioning all eligible persons to permanent residence via the RoS visa if they arrived before the TPV/SHEV transition day. Item 9 & 11 Item 9
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Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023

Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023, dated 9 February 2023 amend the Migration Regulations 1994 to amend criteria for making a valid application for the Subclass 851 Resolution of Status visa (RoS) by certain persons who hold or have held a Subclass 785 (Temporary Protection) visa TPV or a 790 (Safe Haven Enterprise) visa SHEV, as well as certain children born in Australia to those persons. The instrument facilitates the transition to permanent residence of persons who arrived in Australia before the commencement date (TPV/SHEV transition day) and who applied for or obtained temporary protection in Australia through a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa. The instrument makes the following amendments: Item 1 This item inserts the definition of TPV/SHEV transition day in regulation 1.03 of the Migration Regulations as the day that Schedule 1 to the Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023 commences (14 February 2023). Item 2 It inserts regulation 2.08G which convert certain applications for Subclass 785 visas (TPV) and Subclass 790 visas (SHEV) into applications for a permanent visa, Subclass 851 (Resolution of Status) visa. The cohort of people for whom the visas are converted and the time when the visas are converted are mentioned in the table within the instrument: Table item 1 It includes the applications by applicants who hold a TPV or a SHEV on the TPV/SHEV transition day (14 February 2023) and who have made a further application for a TPV or SHEV which is pending before Minister on the TPV/SHEV transition day. Table item 2 It includes the applications by applicants who hold a TPV or a SHEV on the TPV/SHEV transition day (14 February 2023) and who have made a further application for a TPV or SHEV which had been refused by the Minister before the TPV/SHEV transition day. In this case, the application is only converted to a RoS application if the applicant is successful in a challenge to the refusal decision at merits review or judicial review and the application is remitted to the Minister after the order of the tribunal or court on or after the TPV/SHEV transition day. Table item 3 It deals with the applicant who does not hold or have held TPV or SHEV which means they are first time applicants for the TPV or SHEV, in cases where the Minister has not made a decision on the application before the TPV/SHEV transition day (14 February 2023). The applications will be converted to RoS applications if the Minister makes a record that the applicant satisfies the criteria for the grant of the Subclass 785 (Temporary Protection) visa; or Subclass 790 (Safe Haven Enterprise) visa. Table item 4 It covers the applications by applicants who are first time applicants for the TPV or SHEV, in cases where the Minister decided to refuse to grant the visa before the TPV/SHEV transition day. In this case, the application is only converted to a RoS application if the applicant is successful in a challenge to the refusal decision at merits review or judicial review and the application is remitted to the Minister after the order of the tribunal or court on or after the TPV/SHEV transition day and the Minister makes a record that the applicant satisfies the criteria for the grant of the Subclass 785 (Temporary Protection) visa; or Subclass 790 (Safe Haven Enterprise) visa. Item 3 This item amends the application validity requirement for the RoS visa as set out in item 1127AA of Schedule 1 to the Migration Regulations, imposed pursuant to section 46 (authorising criteria and requirements to make a valid application for a visa) of the Migration Act. The following applicants can make an application for the RoS visa: Table item 4 It covers the applicants who hold a TPV or a SHEV and first entered Australia before the TPV/SHEV transition day (14 February 2023) and the applicant has not made another valid application for a TPV or a SHEV that has not been finally determined. Table Item 5 It deals with applicants who did not hold a TPV or SHEV on the TPV/SHEV transition day (14 February 2023) and at any time before the TPV/SHEV transition day, the applicant held a TPV or SHEV and the TPV or SHEV most recently held by the applicant was not cancelled and no subsequent application for a TPV or SHEV has been refused and finally determined. Table Item 6 It covers applicants who are children born in Australia to persons covered by table items 4 and 5 provided that at the time of application for a RoS visa, the applicant has not made a valid application for a TPV or a SHEV that has not been finally determined. Table Item 7 It deals with applicants who are children born in Australia to persons who hold RoS visas granted on the basis of an application taken to have been made under new regulation 2.08G, provided that at the time of application for a RoS visa, the applicant has not made a valid application for a TPV or a SHEV that has not been finally determined. The VAC for all these applicants is nil. Items 5 and 7 Items 5 & 7 inserts new paragraphs 1403(3)(ba) and 1404(3)(ba) in Schedule 1 to the Migration Regulations which specifies that a valid application for a TPV or SHEV can only be made by a person who first entered Australia on or after the TPV/SHEV transition day, or who entered before that day and, as at the TPV/SHEV transition day, had not made a TPV or SHEV application, or had made an application that had been finally determined and was not subject to any ongoing judicial review. This amendment is consistent with the policy of transitioning all eligible persons to permanent residence via the RoS visa if they arrived before the TPV/SHEV transition day. Item 9 & 11 Item 9
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Migration Amendment (Aggregate Sentences) Act 2023

Migration Amendment (Aggregate Sentences) ACT 2023 amends the Migration Act 1958 to establish a consistent approach across the provisions of the Migration Act, as well as the Migration Regulations 1994 (the Regulations), in relation to sentencing for offences and to clarify that a person who is sentenced to a term of imprisonment of 12 months or more does not pass the character test on the basis of having a substantial criminal record within the meaning given by subsection 501(7) of the Migration Act, whether in relation to a sentence imposed by a court in respect of a single offence or an aggregate sentence. The amendment in the Act makes it clear that the provisions of the Migration Act and Regulations are not intended to differentiate between a criminal sentence imposed in respect of single offence, or a criminal sentence imposed in respect of two or more offences. The amendments respond to the decision of the Full Court of the Federal Court of Australia (the Federal Court) in Pearson v Minister for Home Affairs [2022] FCAFC 203 (Pearson). In Pearson, the Federal Court held that an aggregate sentence (a single sentence for more than one offence) imposing a term of imprisonment does not constitute a ‘substantial criminal record’ within the meaning given by subsection 501(7) of the Migration Act. The Court concluded that an aggregate sentence is not a sentence of imprisonment for the purposes of the definition of substantial criminal record in subsection 501(7) the Act, construing that definition as requiring the sentence to have been imposed in respect of a single offence. The amendment in the Act clarifies that the provisions of the Migration Act and Regulations apply in relation to a single sentence imposed by a court in the same way, regardless of whether the sentence is in respect of a single offence or for two or more offences. It also ensures that a person does not pass the character test if they receive a sentence resulting in a term of imprisonment of 12 months or more for one or more offences (for example, supplying a prohibited drug, knowingly dealing with the proceeds of crime and knowingly participating in a criminal group) or one or more serious offences (for example, murder and causing grievous bodily harm). If the amendments were not made, and the reasoning in Pearson was followed, such offenders would not have a substantial criminal record as a consequence of an aggregate sentence for the purposes of the Migration Act. The Act also includes provisions to validate past decisions and actions under the Migration Act and certain other specified law which would otherwise been deemed invalid as a consequence of the Federal Court’s decision in Pearson. Where this results in the person no longer holding a visa, and when the non-citizen has finished serving their criminal sentence, the Government will be able to return these non-citizens to immigration detention in order to progress their removal from the country and uphold community safety. The amendment also provides for opportunities for a person to appeal or seek review of a validated decision after commencement of the Act, in certain circumstances. It is registered on the Federal Register of Legislation on 16 February 2023 and received Royal Assent on the same date. It commenced on 17 February 2023. To know more, click here.
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Understanding your Visa and Conditions associated with it

Understanding your Visa and the Conditions associated with it Welcome to Australia! There are some details you should know if you are ever thinking about changing visas or applying for a new visa while you are in Australia. One thing for sure is that you should make any applications or seek professional migration assistance before your visa expiry date. Visa Conditions You can’t apply for a new visa in Australia if your visa has a condition that prevents further stay. However, there are some instances where your visa condition can be waived. In some situations, you can ask us to waive the condition. Bridging Visas If you make a new visa application before your current Substantive visa expires, you will be granted a Bridging visa A (BVA) or alternative bridging visa. In most cases you apply for the bridging visa automatically as part of applying for a visa. Please note, that your bridging visa will lawfully allow you to remain in Australia when: your current Substantive visa expires, and if the Department of Home Affairs has not yet made a decision on your new visa application The bridging visa comes into effect when your current Substantive visa expires. You need to comply with the conditions of your current visa until the bridging visa comes into effect. Most importantly, choosing to cancel your current visa will not bring your bridging visa into effect. This will cancel your bridging visa and you will be in Australia unlawfully. Expression of Interest (EOI) Some skilled visas require you to submit an Expression of Interest (EOI). An EOI is not a visa application and you will not be granted a Bridging visa by submitting an EOI. Your eligibility for a Bridging visa would only be considered once a valid visa application is lodged. However, if your current visa in Australia is about to expire and you are yet to be invited to make an EOI, you will need to apply for another visa to ensure that you remain lawful in Australia. Unfortunately, if you do not meet the requirements for the grant of another visa, you will need to depart Australia before your visa expires. Bridging Visa conditions Depending on you’re the type of visa you have and the visa conditions attached to it, you may be permitted to work in Australia while on your Bridging Visa A (BVA). On the contrary, if your BVA does not let you work, or has restrictions on working, you can alternatively apply for another BVA that lets you work. However, if you wish to be considered for working conditions, you will need to show evidence of financial hardship for this to be granted. Some facts to keep in mind if you are thinking of this option is that you may not be granted a new BVA that lets you work if your current BVA prevents or restricts you from working in Australia and either: your current BVA was granted to you because you have applied for judicial review of the decision made on your substantive visa application or you have applied for a protection visa Also, Protection visa applicants who are applying for a bridging visa on the basis of judicial review and who currently hold the condition 8101 are not able to apply for work rights. Our Registered Migration Agents at Migration Centre of Australia have been in the migration industry for many years and have helped thousands of clients onshore and offshore. We are trained professionals in Australian Migration Law and we are trusted providers in the industry for our services. If you are thinking of applying for a visa and you wish to learn more about your obligations or visa conditions, contact us today on (02) 4626 1002 or send us an email at info@migrationcentreofaustralia.com.au and one of my registered migration agents will be ready to help you.
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Global Talent Visa Program

Global Talent Visa Program To attract the brightest global talent to Australia, the Government established a Global Business and Talent Attraction Taskforce. The Taskforce set up three dedicated visa programs which provide streamlined pathways for high yield businesses and exceptional talent to migrate to Australia: Global Talent Visa program – for highly talented individuals within the specified target industry sectors Global Talent Employer Sponsored program – for highly skilled migrants into niche occupations Business Innovation and Investment program – for businessmen and entrepreneurs to conduct business and investment activity or undertake an entrepreneurial activity in Australia This blog discusses Global Talent Visa program, also known as Global Talent Independent (GTI) program, which offers permanent residency in Australia to attract global talent within target industry sectors. GTI program is accommodated under the Distinguished Talent visa to contribute to Australia’s economy by driving innovation and creating local jobs. Target Sectors AgTech Cyber Security Energy and Mining Technology FinTech MedTech Quantum Information, Advanced Digital, Data Science and ICT Space and Advanced Manufacturing Eligibility You must: prove you are internationally recognised with evidence of outstanding achievements still be prominent in chosen field of expertise provide evidence that you would be an asset to Australia have no difficulty obtaining employment in Australia or becoming established in your field have a recognised organisation or individual in Australia who nominates you as global talent, who must be in the same field as you Meet the high income threshold of AUD $153,600 Before you apply for the visa, you must submit an Expression of Interest (EOI). The Department will make an initial assessment to check if you meet the program parameters. Successful applicants will receive a unique identifier after which you should lodge your visa application. Please know that there are 2 different Distinguished Talent visa you may be eligible for, depends on your location at the time of application. If you are outside Australia at the time of application, you must lodge a Distinguished Talent Subclass 124 visa application. If you are in Australia at the time of application, you must lodge a Distinguished Talent Subclass 858 visa application. You must check other eligibility criteria for the particular visa subclass, such as health and character requirements, and English language requirements before you lodge your application. Special arrangement for Hong Kong passport holders As part of Australia’s new and extended visa options to students and skilled workers from Hong Kong, the Department is priority processing the visa applications for Global Talent visa scheme (Subclass 124 or Subclass 858) where Hong Kong passport holders attract a salary at or above the Fair Work High Income Threshold of AUD $153,600. As part of the Federal Budget announcement in October 2020, GTI program allocation was increased, thereby making 15,000 places available under the migration program 2020-2021. If you want to know more about GTI program or want to discuss other permanent residency pathways to Australia, Contact Us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents in Sydney.
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All you Need to Know about Business Innovation and Investment Visa During COVID-19

Business Innovation and Investment (Permanent) visa (Subclass 888) is the permanent stage of the initial Subclass 188 visa, allowing applicants to manage their business and investments in Australia for an indefinite period. The applicants are eligible to apply for this visa only after fulfilling the requirements of the provisional visa. Depending on level of contribution to the Australian economy, this visa has five streams: Business Innovation Stream where the applicant must have ongoing business involvement, history of employing Australian workers and meet certain financial requirements Investor Stream where the applicant must have required investment with an Australian state or territory for at least 4 years Significant Investor Stream where the applicant must held complying investments continuously for at least 4 years and operated a qualifying business in which you have direct investment in Australia Premium Investor Stream where the applicant must have required premium investment for at least 1 year in Australia, and Entrepreneur Stream where the applicant must demonstrate successful record of entrepreneurial activities in Australia. COVID-19 Concessions To provide assistance to temporary and provisional visa holders, who have been affected by the COVID-19 pandemic due to travel restrictions, the Migration Amendment (COVID-19 Concessions) Regulations 2020 dated 17 September 2020 [“the Instrument”] was passed to amend the provisions related to Subclass 888 visa. The following changes are brought by the Instrument, effective from 19 September 2020: Subclass 888 visa applicants, whose Subclass 188 visa expired during the Concession Period, may apply for Subclass 888 visa within 3 months after the end of Concession Period Concession for Subclass 188 visa holders from meeting the Australian residency requirements for Subclass 888 visa Concession for Business Innovation stream to apply for Business Innovation Extension stream Subclass 188 visa holders may apply for up to two extension visas Investment requirements modified for Subclass 888 Investor stream and Significant Investor Stream For this purpose, the Instrument defines Concession Period as ‘the initial concession period’ commencing from 01 February 2020, being the date when first travel restriction was announced in response to COVID-19 by the Australian Government. Advantages of Subclass 888 Visa Stay in Australia indefinitely Work and study in Australia Enrol in Medicare Apply for Australian citizenship once you become eligible Sponsor eligible relatives for permanent residence Travel to and from Australia To know more common eligibility requirements for Subclass 888 visa and other additional primary requirements to qualify for Subclass 888 visa, visit our website. If you have any questions or are seeking assistance for migrating to Australia, call us on (+61) (02) 4626 100 to speak to one of our Registered Migration Agents in Sydney.
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Migration Centre of Australia (MCA) Your trusted partner for Australian immigration. We simplify visas, skilled migration, sponsorships, and more—so you can focus on your future.

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