Author Archives: Jag Khairra

02 Mar 2022

Registered Migration Agents update – March 2022

Categories Australia, GSM, International Students, State Nomination, Visa

Registered Migration Agents Code of Conduct update – March 2022

There have been significant changes announced affecting how we (My Migration) provide our services as RMAs to you (as a client).

 
Initial Consultations and service agreements

Section 42 of the Code of Conduct provides that, subject to section 43, an RMA must not give immigration assistance to a client unless a service agreement is in force. Section 43 provides an exception and allows for an RMA to give the type of immigration assistance mentioned in paragraphs 276(1)(b), (2)(b) or (2A)(b) of the Migration Act 1958 (the Migration Act) at an ‘initial consultation’ without a service agreement being in force. Subsection 43(4) makes it clear that only the first consultation between an RMA and a client or a potential client is an initial consultation, and if the consultation consists of a series of sessions conducted on more than one day, sessions conducted on a day after the first day are taken not to be part of an initial consultation.

What is an initial consultation?
An initial consultation would generally be an opportunity for an agent to find out the potential client’s circumstances, and to advise what they would be able to do for the potential client, including steps, costs, etc. Generally, the agent would not at this point need to be satisfied of the identity of the potential client, as communication with the Department or review authorities would generally only occur after a service agreement has been entered into. An initial consultation would be a single consultation where the agent would normally find out the facts of the potential client’s situation and would either give the client basic advice or would outline processes and costs for the potential client.
This means that if an RMA meets with a potential client and considers the potential client’s circumstances with a view to determining whether or not they might provide immigration assistance to the client, this would constitute an initial consultation. This would be the case regardless of whether any immigration assistance was provided during that consultation. It would therefore be necessary to put a service agreement in place before providing further immigration assistance to the client at a subsequent meeting. It follows that a practice of providing immigration assistance following research at a subsequent meeting would not be permissible.

From 1st March 2022, we will need more details from you when we hold an initial consultation, to give you follow up advice after that consultation (including having a service agreement in place), and especially if we are providing visa advice or assistance to you for a 3rd party (your friend, relative etc). We will need consent from the 3rd party before advising you for their visa pathways.

 
Consumer Guide

Section 38 of the Code of Conduct provides that an RMA must not give immigration assistance (whether at an initial consultation or otherwise) unless a copy of the Consumer Guide has been given to the client.
Therefore, we’ll be providing a copy of Consumer Guide before the initial consultation. The link to download the Consumer Guide will be included in the Appointment Confirmation email. You are encouraged to read the guide.

Since these changes are new, we ask for your patience and understanding with this process.
Regards,

Jag Khairra
Director and Registered Migration Agent
MARN 0634839
Source: Code of conduct (mara.gov.au)

 
Interested to know more?

Please Book a Consultation for an initial assessment and find out if you are eligible for an Australian visa and let us guide you towards your Australian migration goal.

 

Disclaimer

The above article constitutes only generic information on migration issues, and does not constitute specific migration advice to any entity or individual

19 Jan 2022

Visa changes coming up in 2022 [Updated]

Categories Australia, GSM, International Students, State Nomination, Visa

Happy New Year everyone and I hope that 2022 will the year you achieved your goals!
While the last two years have been very challenging (and it continues while we transition into 20220) let’s push through these by remaining strong and focused on our goals.
I think this year we would see many visa changes announced by both federal and state governments, especially to meet growing shortage of skilled & unskilled workers.

Here’s a summary of the major visa changes announced for 2022 so far:

 
UPDATE ON 19 January 2022 – visa extensions for COVID-19 affected temporary graduate visa holders

On 18 February 2022, certain eligible Temporary Graduate (subclass 485) visa holders will have their visas extended or enlivened to 30 September 2022. Visa holders eligible for an extension will be notified directly by the Department.
This interim measure allows eligible Temporary Graduate (subclass 485) visa holders who were affected by COVID-19 travel restrictions to enter, or remain in,​ Australia to live and work until they can apply for and be granted a replacement Temporary Graduate visa.
Eligibility
To be eligible for a Temporary Graduate visa extension:

  • visa holders must have held a Temporary Graduate visa on 15 December 2021
  • the current visa expires before 30 September 2022
  • the primary visa holder was in Australia at time of the visa grant
  • the primary visa holder has been outside Australia for any period between 1 February 2020 and 14 December 2021 (inclusive)
  • the visa has not been cancelled since 15 December 2021
  • the holder has not been granted a further substantive visa since 15 December 2021.

To be eligible for visa enlivening:

  • visa holders must have held a Temporary Graduate visa that visa expired between 1 February 2020 and 14 December 2021 inclusive
  • the primary visa holder was in Australia at time of grant
  • the primary holder of the visa has been outside Australia for any period between 1 February 2020 and 14 December 2021 inclusive
  • the visa was not cancelled
  • the visa holder has not been granted a further substantive visa.

Cost
The visa extension is free and will occur automatically. You do not need to contact the Department.
The visa extension will include family members that were included in the original Temporary Graduate visa.
Source: News page (homeaffairs.gov.au)

 
Replacement visa for 485 (Temporary Graduate) visa holders & longer durations

The Government has announced further measures to support the return of international students and graduates, bolstering the international education industry by:

  • Allowing Temporary Graduate visa holders, who have been unable to travel to Australia as a result of COVID-19 international border restrictions, to apply for a replacement visa (from 1 July 2022).
  • Increasing the length of stay on Temporary Graduate visas in the Masters by Coursework and Vocation Education and Training (VET) streams.
  • ​The stay period on the Temporary Graduate (subclass 485) visa Graduate Work stream, will increase from 18 to 24 months, and application requirements will be streamlined by removing the requirement for graduates to nominate an occupation from the skills occupation list.
  • ​The stay period on the Temporary Graduate (subclass 485) visa for Masters by Coursework graduates, will increase permanently from two to three years, to match the stay period for Masters by Research graduates.
  • ​Simplifying the requirements for Temporary Graduate visa applicants for VET sector graduates; and
  • Extending the existing measure for student and temporary graduates to recognise time spent offshore studying online to count towards qualifying for a Temporary Graduate visa application.

These changes will be implemented progressively from 1 December 2021 through to 1 July 2022.

 
International students allowed extra hours to work

International students in Australia will be allowed to work extra hours to fill worker shortages as more and more people are forced into isolation due to the Omnicron outbreak. There have been worker shortages in hospitality, food distribution, manufacturing and building industries
Prime Minister Scott Morrison has announced that the  government will remove the 40 hour a week fortnight cap on student visa holders, meaning they will no longer have restrictions on the amount of hours they can work.
While this is a welcoming news, international students will also have to maintain the full-time study load as part of their student visa conditions (which is a minimum of 20 hours per week). Getting international students to work more could also put them at a higher risk of catching COVID-19.
So, it remains to be seen how students will be able to balance full-time work and study while taking care of their health.

 
2021-2022 Migration Planning Levels

Currently set at 160,000 places with Skilled (79,600), Family (77,300), Children (3000) and Special Eligibility (100).
Migration program for 2022-2023 is under consideration here and will be published in due course.
Migration program for 2024-2025 is forecasted at 235,000 places.

 
Entry to Australia

Australian citizens and permanent residents can enter Australia while their immediate family members can apply for an exemption to enter.
Vaccinated international students and certain visa holders can also enter Australia from 15 December 2021. This was to begin from 1 December 2021; however, the reopening was paused due to the emergence of the ‘Omicron’ COVID-19 variant.
The list of visa subclasses can be found here. This list is expected to be revised and more visas added in future.
For more information on travel restrictions and exemptions, please visit official website: Travel restrictions | COVID-19 and the border (homeaffairs.gov.au)

 
PR pathways for TSS (subclass 482) visa holders in the short-term stream

In November, the Australian government announced permanent residency pathways for certain migrants (in health and hospitality industries), who chose to stay and work in Australia during the pandemic. 482 visa holders in the short-term stream were previously restricted to a two-year temporary stay, without pathway to permanent residency. Certain 457 visa holders who no longer meet the age requirement, may also benefit.
It is expected that about 20,000 such visa holders may benefit from these changes, hospitality being one of the affected industry!
The department spokesperson said the changes announced on 25 November 2021 will be implemented progressively from December 2021 through to 1 July 2022. Further details are awaited, and may provide more clarity towards mid-year.

 
Visa extensions for subclass 489, 491 and 494 visa holders

The Government will also extend visas for skilled regional (provisional visa) holders (subclass 489, 491 and 494) as this group has been adversely affected by COVID-19 related travel restrictions.​
“Current and expired skilled regional provisional visas will be extended, providing additional time to meet regional work requirements for permanent residence,” Minister Hawke said.
It is estimated that there are currently around 9,000 skilled regional provisional visa holders overseas. These visa holders can enter Australia from 15 December 2021, and they will also be eligible for an extension of their visas, so that they can then meet residency and employment requirements for permanent visa (subclass 191).

 
Section 48 bar lifted for skilled migration visas

The government has lifted the “section 48 bar” for certain skilled visas (Subclasses 491, 494 and 190) temporarily, to allow affected applicants to apply for these visas.
From 13 November 2021, onshore applicants affected by the section 48 bar can apply for these skilled visas.
Applicants must be on a substantive visa, Bridging Visa A, B or C and meet other requirements of these visa subclasses.

What is section 48 bar?
Section 48 bar applies to applicants who have had a visa refused or cancelled since their last entry into Australia. It restricts application of most types of visas in Australia.

My visa was cancelled, and I am affected by section 48. Am I eligible to apply?
Not really! Anyone who is affected by section 48 due to their visas being cancelled would not be eligible, because they usually hold a Bridging Visa E and potentially restricted by PIC 4020 etc.
It is expected that a big pool of people will be able to apply for these visas.
The department spokesperson said the change only applies during the current COVID-19 emergency and additional subclasses will be removed from the list of exempt visas once this period ends.

 
Changes for 189 (New Zealand stream) visa

From 1 July 2021, the government announced changes to reduce the number of years to meet the specified income threshold.
If you applied on or after 1 July 2021:
You must have met the minimum income threshold for at least 3 completed financial years in the 5 years immediately before you apply. One of these years must be your most recently completed financial year.
Applicants can also claim an exemption from meeting the income requirement for the 2020-2021 income year. Applicants can claim a COVID-19 income exemption from either the 2019-2020 or 2020-2021 income year but not both.

 
Permanent residency for Hong Kong nationals

In November, government announced two pathways for Hong Kong and BNO passport holders, to open from 5 March 2022:

  • Subclass 191 – the Hong Kong (regional) stream — for primary visa holders who were usually resident in Australia for a continuous period of at least three years immediately before applying and who lived, worked and studied exclusively in a designated regional area for that period, while holding the qualifying visa.
  • Subclass 189 – the Hong Kong stream — for primary visa holders who were usually resident in Australia for a continuous period of at least four years immediately before applying, and who held the qualifying visa during that period.

More to come 😊

 
Interested to know more?

Please Book a Consultation for an initial assessment and find out if you are eligible for an Australian visa and let us guide you towards your Australian migration goal.

 
Disclaimer

The above article constitutes only generic information on migration issues, and does not constitute specific migration advice to any entity or individual.

07 Jul 2021

WA State Nomination update – July 2021

Categories Australia, GSM, Skills Assessment, State Nomination, Visa

WA State Nomination – Highlights of the 2021-22 Migration Program Update

WA has recently made major changes on their website regarding the 2021-22 Skilled Migration Program. Highlights include:

  • Introduction to WA Skilled Migration Occupation List [Schedule 1 and Schedule 2].
  • Many occupations now added to WASMOL (including Schedule 1 and Schedule 2)
  • There are separate experience requirements for Schedule 1 and Schedule 2.

Requirements for WASMOL (Schedule 1)

  • be currently residing in Australia
  • have an occupation listed as available and eligible for the intended visa subclass on the Western Australian Skilled Migration Occupation List  (Schedule 1) 
  • be able to claim and give evidence of work experience in the Expression of Interest, which can be met through:
    • at least one year of Australian work experience in the nominated (or closely related) occupation over the last 10 years; OR
    • at least three years of overseas work experience in the nominated (or closely related) occupation over the last 10 years
  • Meet the following minimum English language requirements
  • have a contract of employment for full time employment for at least 12 months in the nominated or closely related occupation in Western Australia.

Read more: https://migration.wa.gov.au/services/skilled-migration-western-australia/general-stream-wasmol-schedule-1-requirements

 

Requirements for WASMOL (Schedule 2)

  • be currently residing in Australia
  • have an occupation listed as available and eligible for the intended visa subclass on the Western Australian Skilled Migration Occupation List (Schedule 2)
  • meet the minimum English language requirements
  • have a contract of employment for full time employment for at least 12 months in the nominated or closely related occupation in Western Australia.

Read more: https://migration.wa.gov.au/services/skilled-migration-western-australia/general-stream-wasmol-schedule-2-requirements
 

Graduate Stream Requirements

  • be currently residing in Australia
  • have an occupation listed as available and eligible for the intended visa subclass on the Graduate Occupation List (GOL)
  • have gained a Certificate III or higher qualification in Western Australia, including a requirement to have completed at least two years of full-time study in Western Australia at a Western Australian university, higher education provider, TAFE, registered training provider or English language provider
  • Demonstrate:
    • at least six months of paid Australian work experience in the nominated (or closely related) occupation over the past five years. Applicants must enter work experience evidence in their SkillSelect Expression of Interest, OR
    • a contract of employment for full time employment in Western Australia for at least six months in the nominated (or closely related) occupation.

Read more: https://migration.wa.gov.au/services/skilled-migration-western-australia/graduate-stream-requirements

Minimum English Language Requirements
Meet the following minimum English language requirements:

  • Proficient English level must be obtained by candidates nominating an ANZSCO Major Occupation Group 1 (Managers) or Group 2 (Professionals) occupation; or
  • Competent English must be obtained for all other eligible occupations.
  • English language ability must be demonstrated by achieving the minimum English test scores in all four components in a single test as set out under English language test minimum required scores in Tables 3a and 3b below.
  • Candidates who hold a passport from the United Kingdom, the Republic of Ireland, the United States, Canada and New Zealand are considered to have met the minimum English language requirements and are exempt from undertaking an English proficiency test.

Table 3a: English language required test scores – ANZSCO major occupation groups 1 and 2
 

Bands

ListeningReadingWritingSpeaking

Test

Minimum score

International English Language Testing System

777

7

Occupational English test

BBBB

Test of English as a Foreign Language internet-based test

242427

23

Pearson Test of English Academic656565

65

Cambridge C1 Advanced185185185

185

Table 3b: English language required test scores – ANZSCO major occupation groups 3  8

Bands

ListeningReadingWriting

Speaking

Test

Minimum score

International English Language Testing System

666

6

Occupational English test

BBBB
Test of English as a Foreign Language internet-based test121321

18

Pearson Test of English Academic

505050

50

Cambridge C1 Advanced169169169

169

If an invitation is issued, the applicant has 28 calendar days in which to lodge an application for State nomination. Applications will be assessed against the above minimum requirements and the additional requirements listed in

Occupation Lists: https://migration.wa.gov.au/services/skilled-migration-western-australia/occupation%20lists
 
Source: https://migration.wa.gov.au/SiteCollectionDocuments/Current%20documents/State%20nomination%20migration%20program%20process%20and%20requirements%20-%20July%202021.pdf

 
Interested to know more?

Please Book a Consultation for an initial assessment and find out if you are eligible for an Australian visa and let us guide you towards your Australian migration goal.

 
Disclaimer

The above article constitutes only generic information on migration issues, and does not constitute specific migration advice to any entity or individual.

07 Sep 2020

New taskforce for attracting businesses and talent to Australia

Categories Employer Sponsored Visas, Visa

The Hon Alan Tudge MP, Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs has publishd the following on 4 Sep 2020:

New taskforce for attracting businesses and talent to Australia

​International businesses will be lured to Australia and exceptional talent will be encouraged to call Australia home under a new initiative to support the post-COVID recovery and boost local jobs.

The new, whole-of-government Global Business and Talent Attraction Taskforce will bring together experts from across the Commonwealth, States and Territories as well as the private sector, as part of the Government’s JobMaker plan.

Senior business leader, Peter Verwer AO, has been appointed as the head of the Taskforce and will be known as the Prime Minister’s Special Envoy for Global Business and Talent Attraction.

The Taskforce will operate as a ‘strike team’ to turbo-charge the creation of jobs by boosting our efforts to attract high value global business and exceptional talent.

The initial focus will be on three key sectors: advanced manufacturing, financial services (including FinTech) and health.

Australia is strategically well positioned given its management of the pandemic and our relatively strong economy. We have always been an attractive destination due to our lifestyle, democratic system, clean cities and proximity to Asia. We can use those advantages to bring more global business and talent to our shores and help create more Australian jobs.

Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alan Tudge said the global context had significantly changed and many talented people and businesses will now be looking to places like Australia.

“Australia has always been an attractive destination for talent and investment, but given our relative success economically, from a health perspective, and socially, we will be even more attractive.

“We want to capitalise on this and be very focussed on attracting key businesses and global super talent to Australia.  This will aid our recovery and boost jobs for Australians.”

“The Taskforce will take a whole-of-government approach, including coordinating closely with State Government initiatives.  We will be leveraging our networks abroad, including the Australian diaspora, to help identify opportunities.”

Minister for Trade, Tourism and Investment Simon Birmingham said luring more investment from global businesses in emerging industries would be a critical part of Australia’s overall economic recovery from COVID-19.

“Through this taskforce and the ongoing work of Austrade we will highlight to global businesses that our overall economic management and handling of the COVID-19 pandemic strengthens our reputation as a stable and attractive investment destination,” Minister Birmingham said.

“As our economy continues to transform, attracting talent and investment will be critical to bringing additional business nous and new technologies to help drive growth in the development of high-value goods and services in emerging industries.

“With one in 10 jobs already supported by foreign direct investment, boosting investment and getting more global businesses to set up shop here will help drive more jobs and opportunities for Australians.”

On 9 July, the Prime Minister announced that Australia would develop incentives to attract export orientated Hong Kong based businesses to relocate to Australia.

This initiative builds on this idea, and the Global Talent and Business Innovation and Investment programs, to attract high value businesses and exceptionally talented individuals to Australia to create jobs for Australians.

The Taskforce will join up the Department of Home Affairs with the Australian Trade and Investment Commission (Austrade), and draw on expertise from the Treasury, the Departments of Foreign Affairs and Trade, Industry, Science, Energy and Resources, Defence, and the Department of Education, Skills and Employment.

They will work closely with the States and Territories, industry leaders and specialists in identifying and executing opportunities.

 
Interested to know more?

Please Book a Consultation for an initial assessment and find out if you are eligible for an Australian visa and let us guide you towards your Australian migration goal.

 

Disclaimer

The above article constitutes only generic information on migration issues, and does not constitute specific migration advice to any entity or individual.

01 Jul 2020

State Nomination updates – June 2020

Categories Australia, GSM, Skills Assessment, State Nomination, Visa

Victoria (VIC)

The Victorian Government’s state nomination program will remain temporarily closed while we await the Commonwealth Government’s allocation of state nomination places for 2020-21.
In the meantime, you will not be able to apply for the following state nomination visas:

  • Skilled Work Regional (Provisional) (subclass 491) visa
  • Skiled Nominated (subclass 190) visa
  • Business Innovation stream (subclass 188A) (Provisional) visa
  • Investor stream (subclass 188B) (Provisional) visa
  • Significant Investor stream (subclass 188C) (Provisional) visa
  • Entrepreneur stream (subclass 188E) (Provisional) visa
  • Significant Business History (subclass 132A) (Permanent) visa
  • Venture Capital Entrepreneur (subclass 132B) (Permanent) visa

The 2020-21 Victorian state nomination program will open at a date to be advised after further advice from the Commonwealth Government. Please check our website news regularly for more information.

Source: https://liveinmelbourne.vic.gov.au/news-events/news/2020/update-to-victorias-subclass-491,-190,-188-and-132-visa-nomination-programs

 

Canberra (ACT)

New application guidelines are now available.

You can access the new guidelines here: http://www.canberrayourfuture.com.au/workspace /uploads/documents/491-190-nomination-guidelines-january-2020.pdf
 

ACT Invitation Round

Invitation date:  3 June 2020

ACT 190 Nomination – invitations issued: 81

  • All Matrix submitted: 110 to 70 points

ACT 491 Nomination –  No invitations were issued as there are sufficient 491 applications in the queue to meet the 2019/20 annual allocation of 491 nomination places.
Source: http://www.canberrayourfuture.com.au/portal/migrating/article/canberra-matrix-invitation-round/


Tasmania (TAS)

Updated processing times: The current processing time for the majority of Tasmanian visa state nomination applications is between 4 and 5 months.

Source: https://www.migration.tas.gov.au/news/Processing_times

Fees: All Tasmanian visa state nomination applications (Subclass 190 and Subclass 491) now incur a FEE FOR SERVICE of $220 (GST inclusive). During the online application process a $220 fee will be required, when processed you will be able to ‘SUBMIT’ the application for processing.

Source: https://www.migration.tas.gov.au/skilled_migrants/skilled_nominated_visa

 
Tasmania State Nomination Criteria

Flexible nomination requirements for applicants affected by COVID-19 restrictions

Summary of Relaxations in Nomination Requirements (Category 1 – Tasmanian Graduate)

Students currently in Tasmania: TAS will accept online study with a Tasmanian CRICOS provider completed during the period courses were not able to be delivered on campus. Applicants must have been living in Tasmania during this period and must have completed all of their study in Tasmania.

Graduates who have completed study in Tasmania but are unable to return after travelling overseas: Eligible for consideration if able to provide evidence course was completed in Tasmania, have temporarily left Tasmania and are unable to return due to the COVID-19 restrictions. Students must show that they were genuinely affected by travel restrictions and intend to return to Tasmania. These applicants must meet all other published requirements for subclass 190 or 491 nomination, including the minimum Tasmanian residence period.

Currently overseas – partially completed course: Remote / online study for applicants who commenced their courses in Tasmania, departed temporarily and have been unable to return to Tasmania due to COVID 19 travel restrictions will be accepted where they have genuinely been unable to return to Tasmania. Applicants must have commenced course in Tasmania, lived in Tasmania for a minimum 12 months and completed a minimum total of 12 months study on campus.

New enrolments – course commenced outside Tasmania: Applicants who commenced study with a Tasmanian institution, but were unable to arrive in Tasmania due to COVID-19 restrictions and commenced their studies remotely while waiting for restrictions to be lifted will be eligible for consideration if they:

  • Completed a two academic year course and arrived in Tasmania soon after restrictions were lifted; and
  • Lived and studied in Tasmania for a period of at least 12 months

Courses of one academic year must be completed solely in Tasmania – no period of remote study will be accepted. This includes students who enrolled in one-year courses but did not arrive in Tasmania before entry restrictions.

Summary of Relaxations in Nomination Requirements (Category 2 – Working in Tasmania)
Flexibility will be applied to applicants genuinely affected by COVID-19 employment stand-downs before or after meeting the mandatory 6-month full-time employment. Each application will be considered on its merits according to the particular industry, the skills of the applicant, and the likelihood of being able to return to and maintain full time in the future.
In general, following factors will be taken into consideration:

  • A minimum 3 months full time employment up to the closure or business / reduction in hours.
  • Full-time employment ceased directly due to a COVID-19 related closedown or restriction.
  • There is a reasonable likelihood of being able to return to employment (full or part-time) after the workplace restrictions have been lifted (i.e a written evidence from employer).

Reduction in hours from full-time to part-time as a result of COVID-19 restrictions will be considered with leniency.

Source: https://www.migration.tas.gov.au/skilled_migrants/skilled_nominated_visa

 

Northern Territory (NT)

State nomination requirements and processing time.

General information:

  • if you or any of your migrating dependants are currently living interstate, you will not be eligible for the Northern Territory (NT) nomination
  • if you or any of your migrating dependants are currently on a student visa and are currently studying in an NT institution, you will not be eligible for NT nomination
  • if you have already been nominated for a subclass 489 or 491 visa by the NT, you will not be eligible for a subclass 190 nomination.

International student graduates who have studied in the NT will be eligible for a subclass 190 nomination if you have:

  • successfully completed one or more qualifications after studying in the NT, at an NT-based institution for two years in a single tertiary course or a set of nested tertiary courses, and
  • lived in the NT for a period of at least six continuous months immediately after the date of completion* of your last qualification, while holding a visa that allows full-time work (this requirement does not apply to students who completed all course requirements in semester one 2020 and produce a letter of completion dated prior to 1 August 2020), and
  • demonstrated genuine and sustained efforts to obtain employment** from an NT employer in your nominated occupation or a closely related skilled occupation.

International student graduates who are unable to live in the NT for six months after completing two years of study in the NT will only be considered for a subclass 491 nomination. You must provide evidence of making genuine efforts to obtain employment from an NT employer in their nominated occupation or a closely related skilled occupation.

 
NT Residents

An NT resident applicant includes those on temporary visas with work rights, currently residing in the NT. NT resident applicants will be eligible for a subclass 190 nomination if you:

  • demonstrate that you have been residing in the NT for at least two consecutive years immediately prior to application
  • demonstrate that none of your migrating dependants are residing in another part of Australia, and
  • demonstrate full-time employment in the NT in an eligible occupation continuously for at least two years immediately prior to applying for NT nomination and demonstrate the employment is available for at least a further 12 months.

NT resident applicants will be considered for a subclass 491 nomination if you meet the following requirements:

  • applicants who started living in the NT prior to 1 July 2020, must:
    • demonstrate that you have been residing in the NT for at least six consecutive months immediately prior to application
    • demonstrate that none of your migrating dependants are residing in another part of Australia, and
    • demonstrate full-time employment in the NT in an eligible occupation for at least six consecutive months immediately prior to applying for NT nomination and demonstrate the employment is available for at least a further 12 months.
  • applicants who start living in the NT on or after 1 July 2020, must:
    • demonstrate that you have been residing in the NT for at least 12 consecutive months
    • demonstrate that none of your migrating dependants are residing in another part of Australia, and
    • demonstrate full-time employment in the NT in an eligible occupation for at least six consecutive months immediately prior to applying for NT nomination and demonstrate that the employment is available for at least a further 12 months.

The employment must also meet the following additional requirements:

  • the position must be based in the NT, and the employer must have a record of trading in the NT for at least 12 months
  • positions that are based at serviced office spaces or involve hot-desking arrangements will generally not be considered favourably
  • you must be paid at market salary.

Applicants who have not been employed in an eligible occupation will generally not qualify for NT nomination.
Applicants who have been employed on a full-time basis for at least six consecutive months in an occupation that is not an eligible occupation may qualify for a subclass 491 nomination on an exceptional and case by case basis if you are able to demonstrate the following:

  • the employer has made genuine efforts to recruit locally and the position cannot be filled by an Australian citizen or permanent resident – at a minimum, evidence should include copies of advertisements placed, and a statement from the employer detailing the number of applicants and reasons as to why no Australian citizens or permanent residents have not been recruited
  • there is a genuine need for the position in the business – at a minimum, evidence should include a detailed statement from the employer explaining the need for the position and how the vacancy arose
  • you have made genuine and sustained efforts to obtain employment in your nominated occupation or a related occupation in the NT – at a minimum, evidence must include copies / screenshots of applications made for relevant jobs and any feedback received.

Source: https://theterritory.com.au/migrate/migrate-to-work/important-information-if-you-already-live-in-australia

 
Interested to know more?

Click here to book a consultation with one of our friendly consultants. You may also fill out the Online Assessment Form for a free assessment to know your eligibility for a visa to Australia.

 

Disclaimer

The above article constitutes only generic information on migration issues, and does not constitute specific migration advice to any entity or individual.

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