Immigration News: Victoria & Queensland State Nominated Skilled Migration Program Opens; Changes to International Student Visa Compliance; and more

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Trades Recognition Australia (TRA) Changes to Offshore Skilled Assessment Programs ??

?TRA has announced that they will no longer require skills assessment via the Offshore Skills Assessment Program for individuals holding passports from the following countries:

• Brazil
• China
• Fiji
• Hong Kong SAR
• India
• Iran
• Ireland
• Macau SAR
• Philippines
• Republic of Korea
• South Africa
• Sri Lanka
• Thailand
• United Arab Emirates
• United Kingdom
• Vietnam
• Zimbabwe

Moreover, from 11 September, all qualified Vehicle Painters can apply for a skills assessment via the cheaper and simpler Migration Skills Assessment program. Unqualified applicants will need to obtain a qualification from their home country, country of residence, or via an Australian RTO before applying under the MSA program.

For further details and guidance on this update, please visit the TRA website. If you have any questions or require assistance with a TRA application, please reach out to Migration Affairs.?

?? New Work and Holiday Maker arrangement with the Philippines

Australia has welcomed the Philippines to the Working Holiday Maker (WHM) visa program.

The new Work and Holiday visa arrangement opens the door for up to 200 young individuals from both the Philippines and Australia each year. They will now have the opportunity to enjoy a 12 month holiday in each other’s country during which they may undertake short-term work and study.

Stay tuned for further information on the commencement date, which will be shared once the final arrangements have been confirmed.

?? Important Updates for International Students – Visa and Compliance

In a joint media release, Ministers Clare O’Connor and O’Neil announced several key changes within the international student sector to enhance the experience and integrity of international students studying in Australia.

• Increase in required savings: Starting from October 1, 2023, international students applying for visas will need to demonstrate savings of at least $24,505. This represents a 17% increase from previous requirements. This adjustment aligns with inflation since 2019 and addresses the rising living expenses over this period.
• Course change flexibility: Effective immediately, the government has expanded the flexibility for international students who have been in Australia for less than six months. These students now have the option to transition from their original study arrangements to alternatives like 'concurrent enrolment,' which facilitates part-time work in Australia.
• Ensuring Provider Accountability: To uphold the integrity of the education sector, the government has introduced measures to hold high-risk education providers accountable. Under section 97 of the Education Services for Overseas Students Act (ESOS Act), suspension certificates can now be issued to over 200 providers with visa refusal rates exceeding 50%. This step aims to protect the interests of international students and maintain the quality of education.

Moreover, an Instrument has been released that strengthens the fit and proper person standards for persons who exercise a degree of control or influence over the management or operation of a training organisation. These changes are designed to boost public confidence in the competence of those involved in organisations that offer or assess national VET qualifications.

In response to the enquiries regarding student visa holders working in the aged care sector, who are eligible for the working hours' cap concession until the end of December 2023, the Department has confirmed that changing employers during this period is acceptable, provided all other relevant criteria are met.

Minister for Home Affairs Clare O'Neil expresses that:

“international education is our fourth largest export – it’s essential that we maintain our global reputation for quality education. Our government has no tolerance for people who exploit students”.

As such, these changes reflect the government’s commitment to ensuring the welfare, safety, and educational experience of international students in Australia.

?? Subclass 408 COVID Pandemic Event Visa Closing

The COVID-19 pandemic Event stream of the subclass 408 visa has now closed to new applications. From 2 September 2023, the stream is only open to subsequent applications by the current 408 COVID visa holders. The stream will completely close to all applicants from February 2024.

The new changes are as follows:

• A visa application charge imposed for eligible applications from 2 September 2023
• Visa applications lodged on or after 2 September 2023 must hold a Pandemic Event that expires in 28 days or less
• Visa applications lodged on or after 2 September 2023 will be considered up for 6 months stay

Changes to Health Workforce Certificate Requirements for International Medical Graduates ??

Effective from 16 September 2023, the Department has announced a significant development for employers seeking to nominate International Medical Graduates (IMGs) in primary care roles within Australia. The ‘Visas for GPs’ program which currently mandates the submission of a Health Workforce Certificate (HWC) as part of the nomination application process, will no longer be required.

What does this mean for employers? The removal of the HWC requirement simplifies the process for employers of IMGs, eliminating the need to apply for a Health Workforce Certificate.

Amid these changes, HR Plus will accept applications for an HWC until 5 September 2023, and 13 September 2023 for HWC exemptions. Any applications on hand before these dates will be processed in line with the program guidelines.

Victoria Opens State Nominated Skilled Migration Program for FY2023/24 ??

The 2023/24 Victoria's Skilled Migration Program is now open to applicants living in Victoria and overseas and provides skilled migrants with a pathway to permanent residency in Victoria.?

All occupations on the relevant Department of Home Affairs occupation list are eligible to apply for Victorian visa nomination.

Victoria provides visa nomination to skilled professionals living in Vitoria or overseas for the following skilled visas:

• Skilled Nominated visa (subclass 190)
• Skilled Work Regional (Provisional) visa (subclass 491) ?

To be considered for Victorian skilled visa nomination and assessment, you must submit a Registration of Interest (ROI). ROIs will be selected from September 2023. The program will close in early 2024 at a date to be confirmed.

Subclass 190 visa

There are no changes to the subclass 190 Skilled Nominated visa nomination program.

To be eligible to apply for Victorian Skilled Nominated (subclass 190) visa nomination, you must:

• be committed to living in Victoria,
• if you are in Australia, be living in Victoria at the time of your nomination,
• have had your?Registration of Interest?(ROI) selected,
• be?under 45?years of age,
• have at least?Competent English,
• have a valid?Skills Assessment?in an occupation on the?eligible skilled occupation list for this visa,
• have achieved at least?65 points?on the Australian Government’s points test for your Expression of Interest (EOI) in SkillSelect.

If you submitted a subclass 190 ROI for the FY2022/23 program, you do not need to submit a new ROI for the FY2023/24 program.

Unless the information provided in the 2022/23 ROI has changed, there is no need to withdraw the ROI. If there have been changes in your situation, such as changes to your annual income or partner points, or if you provided incorrect information in your ROI, it is necessary to take the following steps:

• withdraw your current ROI
• submit a new and updated ROI with the correct, updated information

Subclass 491 visa

To be eligible to apply for a Skilled Work Regional (Provisional) visa (subclass 491) nomination, you must:

• be committed to living in regional Victoria,
• if you are in Australia, currently living and working in regional Victoria,
• have had your Registration of Interest (ROI) selected,
• be?under 45?years of age,
• have?Competent English,
• have a valid?skills assessment?in an occupation on the?eligible skilled occupation list?for this visa,
• if you are onshore, you must be living and working in regional Victoria at the time of nomination. Please note, that some outer suburbs of Melbourne are included in the regional zones by the Department of Home Affairs. You can find information on the?designated regional areas of Victoria,
• be committed to living and working in regional Victoria,
• have achieved at least?65 points?on the Australian Government’s points test for your Expression of Interest (EOI) in SkillSelect.

If you submitted a subclass 491 ROI for the FY2022/23 program, you must submit a new ROI for the FY2023/24 program.

ROI Selection

When selecting ROIs, Victoria considers the following factors according to the information you have provided in your EOI and ROI:

• age,
• English language level,
• years of experience in your nominated occupation,
• education and occupation skill level,
• partner’s skill (if applicable),
• salary – onshore candidates only.

Certain occupations in the following industry sectors will also be prioritised:

• ?? Health
• ??? Social services
• ?? Information Communication Technology (ICT)
• ?? Early childhood and secondary education teachers
• ?? Advanced manufacturing
• ??? Infrastructure
• ?? Renewable energy
• ?? Hospitality and tourism – for the 491 visa ??

Moreover, Victoria is currently prioritising offshore candidates for 491 visa with skills in healthcare, social services, and education.

Important Information

• You can only have 1 active ROI submitted at any time. You cannot submit a separate ROI for each subclass. If you wish to change the subclass, you must withdraw the existing ROI and submit a new ROI.
• Any earnings you are claiming in your ROI must be from “skilled employment” in Victoria. “Skilled employment” includes any role that is at skills levels 1, 2, or 3 in the relevant ANZSCO classification
• If you are applying as an onshore applicant, there is no minimum time for you to have lived in Victoria to be eligible to submit an ROI
• There is no charge to apply for a Victorian visa nomination

?? Migration Queensland Opens State Nominated Skilled Migration Program for FY2023/24

Queensland will begin inviting selected applicants from the end of this month and hold invitation rounds at the end of each month – ensuring an evenly spread workload throughout the program year.

If you wish to lodge an EOI, you must submit a brand new EOI in SkillSelect. Migration QLD will only consider EOIs lodged on or after 5 September 2023.

There are 4 pathways under the Migration QLD program FY2023/24:

1. Skilled workers offshore
2. Skilled worker onshore
3. Graduate of a Queensland university
4. Small Business Owners (SBO) operating in regional QLD - subclass 491 only

Migration QLD nominates skilled workers offshore under 2 visas:

• Subclass 190 – Skilled Nominated (Permanent) visa
• Subclass 491 – Skilled Work Regional (Provisional) visa

The 2023/24 Migration QLD program publishes its occupation list for skilled workers offshore as the Queensland Offshore Skilled Occupation List (QSOL) over?here.

Skilled Workers Offshore ??

The 2023/24 Migration QLD program publishes its occupation list for skilled workers offshore as the Queensland Offshore Skilled Occupation List (QSOL) over?here.

In addition to the Department’s visa criteria, the eligibility criteria specific to Migration QLD 2023/24 includes:

Skilled workers living in Queensland ???

The 2023/24 Migration Queensland program prefers the Department of Home Affairs’ relevant list of eligible skilled occupations (LIN19/051) for skilled workers onshore.?

In addition to the Department’s visa criteria, the eligibility criteria specific to Migration QLD 2023/24 includes:

Migration Queensland clarifies that businesses must have an office in Queensland and a virtual office will not be sufficient.

?? Graduates of Queensland University

This pathway is for high performing graduates who have graduated from a Queensland university and are currently onshore in Queensland.

Eligibility criteria common to all graduate pathways:

• Point test of 75 or higher for the 190 visa (including state nomination points)
• Point test of 65 points or higher for the 491 visa (including state nomination points)
• Competent English
• Living in Queensland, with an occupation on LIN19/051 for the 190 visa
• Living in regional Queensland, with an occupation on LIN19/051 for the 491 visa
• Completed 100% of studies in Queensland
• Graduated in the last 2 years

Additional eligibility criteria specific to each graduate pathway:

Eligible Graduates must be employed in an occupation at ANZSCO Skill Level 1. These occupations have a level of skill commensurate with a bachelor’s degree or higher qualification.

Definition of STEM and Agriculture fields

Science, technology, engineering, and mathematics (STEM), and agriculture fields are defined by the CRICOS. You can check your qualifications on the?CRICOS?website by searching for your course. If your Master's qualification is a ‘Narrow Field’ which is included in the list below, it is in a STEM or Agriculture field for the purposes of this nomination pathway.

Small Business Owners (SBO) in regional Queensland ??

The SBO pathways are for migrants who are currently living and operating a small business in regional QLD. You must have an occupation that is on the Department of Home Affairs’ relevant list of eligible skilled occupations (LIN19/051) and have a positive skills assessment in an occupation on this instrument. You must also have full-time work rights and not currently be studying.

There are 2 separate pathways available:

1. SBO Pathway 1?(Purchase of business) – you must purchase an existing registered business for a minimum of AUD100,000 and employ at least one Australian resident. The business must be a pre-existing business that has been purchased and traded for a minimum of 6 months before lodging an EOI
2. SBO Pathway 2?(Start-ups) – you must have started a business and have continuously run that business for a minimum of 2 years. The business must be generating a profit and have a turnover of AUD200,000 in the 12 months before application

In addition to the Department’s visa criteria, the eligibility criteria specific to Migration QLD 2023/24 includes:

For pathway 1, Migration QLD advises that you must have a contract of business sale (no share transfer) and you cannot purchase the business from a family member or relative. Furthermore, you cannot purchase a business previously owned by a 491 SBO applicant. A home-based or virtual office is also not eligible for the 491 SBO pathway.

Migration QLD Application Guidelines

• If you are eligible for both the 190 and 491 visas, you should submit a single EOI and choose both visa classes. Multiple EOIs are not allowed; the first one in the queue will be selected, and the rest will be closed.
• If you hold a subclass 491, you won’t be nominated for a subclass 190 or a 489 by Migration QLD.
• If you have more than one skills assessment, you must only submit one EOI for the occupation that best meets your current employment
• Priority is not given to invitations where documents or visas are expiring
• You must ensure that the information on your EOI is correct and accurate. If Migration QLD nominates you and you make a mistake or fail to lodge your visa application by the required lodgement date, Migration QLD will not consider any further application from you until at least 6 months after your last nomination
• Queensland will not accept a second EOI from the same applicant for renomination within 6 months of the first nomination being issued. This also applies to EOIs with errors in points.
• The processing time is currently around four weeks from receipt of a completed application and processing fee.

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.

?Immigration and Visa Resources ??

• Temporary Skills Shortage (TSS) Visa: Frequently Asked Questions
• Guide to Scoring Higher Points and Increasing your Chances for Invitation to Apply for 189/190 Visa
• Partner visa (subclass 820/801 and 309/100): Frequently Asked Questions
• All You Need to Know About the Subclass 408 COVID-19 Visa
• Migration Queensland Skilled Nomination Program FY2023/24
• Skills Assessment Pilots for Migrants

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