Immigration News: Opening of NSW 491 Pathway 1; State/Territory Nominations for January 2024; New Mobility Arrangements for Indian Nationals; & more

Immigration News: Opening of NSW 491 Pathway 1; State/Territory Nominations for January 2024; New Mobility Arrangements for Indian Nationals; & more


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?? Immigration News ??

NSW Skilled Work Regional Subclass 491 Program under Pathway 1 Opened ??

Recently, the NSW Government opened its Subclass 491 program under Pathway 1. Under this pathway, applicants who have an established work history with a regional NSW-based employer can apply directly to Investment NSW.

To be considered for NSW nomination under Pathway 1, at minimum, applicants must meet the following criteria:

  • Be currently living and working in a designated regional area of NSW and have continuously done so for the last 12 months; and
  • The qualifying skilled employment in the 12 months before applying must be with a single regional NSW-based employer and in the nominated (or closely related) occupation; and
  • The employment must be deemed skilled by NSW; and
  • The position must be paid at the minimum TSMIT of $70,000 (prorated if under 38 hours per week) by the qualifying employer.

It is key to ensure that all supporting evidence is valid for at least 5 business days from the date of applying for NSW nomination. It is also important that the information provided in the NSW nomination application is accurate and truthful. Incorrect or misleading information could cause delays in the assessment, or the application being rejected by NSW.

The purpose of this pathway is to ‘bolster those applicants who are already making a significant contribution to regional NSW and have been working in regional NSW for 12 months’.

?? Subclass 190 and 491 State and Territory Nominations for January 2024

The Department’s website has been updated to provide the latest numbers of nominations by State and Territory governments for visa subclasses 190 and 491.

Between 1 July 2023 and 31 January 2024, the number of nominations made by each State and Territory government are as follows:

New Scheme for India and Australia - Mobility Arrangement for Talented Eary-professional Scheme (MATES) ??

The Australian government will introduce a new opportunity for Indian university graduates and early carer professionals: the Mobility Arrangement for Talented Early-professionals Scheme (MATES).

Established under the Migration and Mobility Partnership Arrangement between India and Australia, MATES offers a pathway for individuals to live and work in Australia for up to 2 years, enabling them to gain valuable experience in their fields of expertise.

Key Highlights of MATES:

  • 3,000 places: Each program year, MATES will offer 3,00 places for primary applicants
  • Dependents included: Primary applicants can apply to bring dependents, who will receive work rights and do not count towards the annual cap
  • No set commencement timeframe: The scheme does not have a fixed timeframe for commencement, providing flexibility for applicants

Eligibility Criteria:

  • Age: Applicants must be aged 30 or younger (inclusive) at the time of application.
  • Previous Participation: Applicants must not have previously participated in MATES.
  • English Proficiency: Proficient English language skills are required, with an overall IELTS or equivalent score of at least 6, and a minimum score of 5 for each of the four parts.
  • Graduation Requirement: Applicants must have graduated within 2 years from an eligible educational institution at the time of application.
  • Qualification: Applicants must hold a qualification (Bachelor’s degree or higher) in one of the fields listed below.

Qualification fields:

  • Renewable Energy
  • Mining
  • Engineering
  • Information Communications Technology (ICT)
  • Artificial Intelligence (AI)
  • Financial Technology (FinTech)
  • Agricultural Technology (AgriTech)

While there’s no strict requirement to work in their nominated field of study, MATES is tailored to support young professionals in expanding their skills and networks, particularly in the sectors outlined earlier.

MATES presents a unique opportunity for Indian nationals to expand their horizons and contribute to Australia’s dynamic professional landscape.

As Minister for Immigration, Citizenship and Multicultural Affairs, Andrew Giles MP puts it, “Australia and India are close maters, and this pilot will bring us even closer through an invaluable exchange of skills, talents, and development opportunities.” Stay tuned for further updates as we navigate through the intricacies of MATES!

?? Protecting Migrant Workers - Migration Amendment (Strengthening Employer Compliance) Bill

The Migration Amendment (Strengthening Employer Compliance) Bill, promises significant improvements in employer compliance and the protection of temporary migrant workers from exploitation.

The bill includes several important measures aimed at enhancing accountability and transparency in the employment of temporary visa holders. These measures include:

  • Making it a criminal offense to coerce or unduly pressure individuals into breaching their work-related visa conditions.
  • Temporarily preventing employers convicted of such offenses from hiring further temporary visa holders.
  • Publishing the names of prohibited employers on the Home Affairs website to deter misconduct.
  • Significantly increasing pecuniary and civil penalties to serve as a deterrent.
  • Empowering the Australian Border Force (ABF) with enhanced tools and authority, such as issuing enforceable undertakings and compliance notices.

Moreover, the bill aims to repeal Section 235 of the Migration Act, which currently penalises victims of exploitation who report their situation. This move is designed to encourage victims to come forward without fear of reprisal.

The Migration Amendment (Strengthening Employer Compliance) Bill 2023, takes effect on 1 July 2024.

New Opportunity for UK nationals - Innovation and Early Careers Skills Exchange Pilot ?

This innovative program offers a temporary visa pathway exclusively for eligible UK citizens under the Australia-United Kingdom Free Trade Agreement (A-UKFTA).

Administered by the Department of Foreign Affairs and Trade (DFAT), IECSEP presents 2 distinct streams:

  • The Early Careers stream (12 month visa)
  • The Innovation stream (3 year visa)

What’s noteworthy is that this opportunity isn’t restricted to any specific business sector, opening doors for a diverse range of professionals. 1,000 places are available across both streams until June 2024, with an additional 2,000 places available until June 2025.

The Early Careers stream targets tertiary qualified applicants aged 21-45, requiring a minimum of 3 months’ employment in their current role. Prospective occupations in Australia must fall within ANZSCO Skill Level 1-3.

On the other hand, the Innovation stream welcomes applicants who have made significant contributions to innovation across various sectors, regardless of age. Applications in this stream are assessed on merit, with no age restriction. Prospective occupations in Australia must align with ANZSCO Skill Level 1.

All applicants must have prospective employment in Australia, confirmed through a letter of offer or employment contract. Interestingly, IECSEP is also open to UK citizens already working in Australia.

One of the most remarkable aspects of IECSEP is that Australian employers are not required to sponsor applicants and traditional labour market testing and nominated occupation lists do not apply.

Successful IECSEP applicants will receive a letter of support from DFAT, facilitating their application for a Temporary Work (International Relations) (subclass 403) visa (Government Agreement stream). DFAT is currently processing IECSEP applications within 7 quick days.

The IECSEP initiative will offer Australian employers a unique chance to tap into the talent pool of innovative and early-career professionals from the UK through a streamlined temporary mobility pathway. Likewise, UK organisations stand to gain from the program by enhancing employee skills and offering key staff members valuable international career development opportunities.

?? Expanded Specified Work Definition and Areas for the WHM Program ?

Recent amendments have been made through the Migration Legislation Amendment (Specified Work and Areas for Subclass 417 and 462 Visas) Instrument (LIN 24/020) 2024. These changes affect the areas of Australia and the types of work for the WHM visa program.

Key Points of the Instrument:

The instrument broadens the definitions of 'specified subclass 417 work' and 'specified 462 work' beyond flood and bushfire recovery to include other natural disasters such as cyclones or severe weather events.

  • It also expands the areas of Australia where recovery work can be undertaken in response to bushfires, flood, cyclones, or other severe weather conditions.
  • Recovery work carried out in areas affected by floods, bushfire, cyclones, or severe storms from December 31, 2021, can now be counted as specified work.

The Department has highlighted these changes on its website, emphasising that WHMs can now count paid or volunteer work for natural disaster recovery, including areas affected by cyclones or severe weather, as ‘specified work’ for applying for a second or third WHM visa. WHMs must have undertaken this work from 31 December 2021, in declared disaster affected areas. The Department will also continue to recognise bushfire recovery work carried out since 31 July 2019 and flood recovery work since 31 December 2021.

Closure of Western Australia’s General Skilled Migration Nomination FY2023/24 Program ??

WA Migration Services has ceased accepting new General Skilled Migration nomination applications for the FY2023/24 program year. This decision was made due to the overwhelming number of applications received, which has surpassed WA’s available allocation.

For applications that were lodged prior to 2 February 2024, they will continue to be assessed under the existing eligibility criteria. Nominations will be issued subject to availability.

It’s important to note that some eligible applications submitted before the program closure date may not be considered part of the FY2023/24 program year. WA states that they remain committed to advocating for nomination allocation numbers that align with the needs of the State.

?? Skilled Recognised Graduate (Subclass 476) Visas Capped in FY2023/24

Recent changes for the Subclass 476 visa mean that a maximum of 3,735 visas will be granted for the FY2023/24. The subclass 476 visa is designed for applicants who have completed an engineering course at specific educational institutions designated by the Minister.

It’s important to note that this determination will automatically expire on 1 July 2024.


Changes to the migration program can occur without notice. The above information is not intended to be legal advice and is correct as of the date of writing this article.

Contact Migrations Affairs to speak with our immigration experts for tailored advice on the circumstances and eligibility.


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