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2019 New Tactics/Ways for Immigration to Australia



2019 Immigration to Australia

Immigration Rules change rapidly

457 and Employer nomination visas “Changed”!

2017-2018 were the eventful years for those who wanted to immigrate to Australia.  Sudden changes occurred to the visa regulations including the 457 visa which was ceased and replaced by the 482 Temporary Skill Shortage(TSS) Visa. According to the new regulations, applicants who want to apply for the 482 visa must have at least two years of relevant work experience, as well as a mandatory Labour Market Testing (except for the countries with International trade obligations) and the Skilling Australians Fund requirements, which are discouraging applicants and employers to apply for the Visa.  For 457 visa holders who want to proceed to permanent residence through the 186(TRT) visa, the required period of work for the same employer has been changed from two years to three years.

If the 457 visa expires and the holder needs to extend the Visa they must apply for the 482 visa.  However, if their occupation is not in the 482 Medium Long Term Occupation List(MLTSSL), can they still be transited to permanent residence visa 186(TRT)? Many of the 457 visa holders were tossed by this question during the transition to the new regulations. It was because no one was able to give a definite response at the time, and the Australian Home Affairs Department also gave some ambiguous and plausible answers. It was only until almost the mid of last year that the Department had given a definite answer to this question. In addition, because the implementation of the regulations is not mature enough, so the refusal rate has reached an unprecedented high.

At the same time, the 186 and 187 permanent residence visas were not spared. The new regulations allowed the exemption of English, age and skill assessments in the past to be cancelled immediately, as well as additional caveats imposed on the nominations for certain occupations. Therefore, those who wish to achieve Australian permanent residence by applying for these visas are now less attractive than they once were.

New Direction for Immigration in 2019 – Applying for a Skilled Visa is the “Right Path”!

General Skilled Migration

Skilled Migration still seems to be the most reliable route of immigration. The reason is that once the applicant can meet the application requirements, the immigration purpose can be achieved. It will not be affected by the employer’s situation unlike the application for 482 TSS or the employer nominated typed visas. For example: In the process of applying, if the employer’s nomination does not pass or the situation of the organization changes (e.g. business wind up) during the period, all the efforts of the applicant may be in vain. Therefore, presently, visa holders who are waiting for the visa approval period will apply for a skilled visa once they have accumulated sufficient skilled points, because the grant of such visa is based on the applicant’s merits and does not rely on the merits of another party. And thus, they no longer need to continue to work for their nominated employer when they changed to apply for a skilled visa.

Presently, it is difficult to receive an invitation to apply for the Independent Skilled 189 Visa

However, it is not easy to apply for an Independent Skilled 189 Visa in the present, because the minimum threshold required for 65 points is already difficult to achieve. If you reach it, you may not get an invitation to apply. Currently, an invitation to apply for a 189 visa requires at least 70 points. For some highly competitive occupations such as ICT and Accounting professions must have 75-80 points to get an invitation. Now, we try to find the best time and stage for a person to apply for a skilled visa.

Taking overseas applicants as an example

    Points
Age: 25-32 years old 30
English Level: IELTS 7(all bands)( Most applicants can only get up to 7 points in IELTS or equivalent English exams.) 10
Overseas Year of Employment Experience: 5 years 10
Education Level: Bachelor Degree 15
  Total : 65 points

Well Plan Ahead

For those who have just graduated from college/university, it is not ideal to apply for a skilled visa immediately. The reason is that those who have just graduated are generally under the age of 25, cannot get the highest points for age, and have no relevant work experience points. Therefore, they should first enter their professional after graduation and also find suitable English training during the period, in order to achieve an IELTS score of seven or more. After accumulating 5 years of work experience, you should still be 32 years old or younger, so you can still get the highest age points and finally to reach the minimum threshold of 65 points.  At this time, you are eligible to apply for 190 or 489 State nominated typed visas.

If you are ambitious to apply for a 189 visa, you can consider studying in Australia for a two-year Diploma or Master’s program (with specific requirements) and you will receive an additional 5 points (Australian study) if you choose to study the course in the regional areas, it adds an extra 5 points (Study in regional Australia). In this way, 70-75 points have been obtained.

If you are studying accounting or ICT, you can also complete the “Professional Year” after completing the relevant master’s degree in Australia. After completing the course, you can get 5 points. At this time, you can have 80 points.

Of course, the above sample routes are based on the current immigration policies and regulations and the elimination of all uncontrollable circumstances. Therefore, it is possible that after you have completed all the above courses, the immigration law has changed and you are no longer eligible to apply. Therefore, if you choose to take any course and go to Australia to study, it must be based on your personal preferences and prospects. Don’t do everything just for achieving immigration. Otherwise, if the immigration law changes and you can’t immigrate successfully, everything you have done would not be worth it.

Consider Applying for a 190 and 489 Visa

The 190 and 489 visas are visas nominated by the Australian State Government. Applicants can receive additional 5-10 points from the government.  It provides a skilled migration route for those with base points of 60 or 55. Applicants must commit to living in the nominated State for two years after obtaining the visa.  Applying for a 489 visa requires applicants to have two years of residence in the area and a full-time job for one year before they can proceed to permanent residence. At present, applying for these two skilled visas does not require a minimum of 70 points to receive an invitation to apply like the 189 visa. It is because each state and territory government has its internal non-publicised policies and guidelines to follow for sending invitations. So if you can accumulate 65 points (including the 5 or 10 nomination points from the State government), as well as meeting their additional requirements, it is enough to receive opportunities for the visas.

A New Trend for Applying for 489 Visas

If your score is only 55 points, you may only be able to choose a 489 Skilled Regional (provisional) visa. In fact, the Australian government has encouraged “new immigrants to first choose to live in remote areas” in recent years. One of the main reasons is the big cities such as Sydney and Melbourne have become very crowded now. Moreover, various regional governments have introduced 489 visa opportunities to attract migrants, including one of the newly-designated regional migration plan, Designated Area Migration Agreement (DAMA) from Northern Territory State. Following it, other regional governments will launch their unique DAMA program after negotiating with relevant authorities, for attracting more immigrants to settle in the area. Therefore, to be aware of the latest developments in the program, please stay in tune with us.

In addition, because Australia’s immigration policies have changed rapidly, you need a close-knit immigration consultant to guide you and provide the latest strategy. Moreover, in the process of applying, you will encounter many uncertainty and pitfalls. Even if you do so accidentally, you will still miss the opportunity.