Visas

Employer Sponsor Visas

Subclass 482 TSS Visa

The 482 is designed to quickly address staff shortages in your business. Depending on which occupation you need filled, the visa can be granted for up to 2 or up to 4 years. There are some obligations that come with sponsoring a foreign worker. We don’t find any of them too offensive but certainly if you talk to a lawyer/agent and they don’t bring them up, please proceed with extreme caution.

A 482-visa holder who works with their sponsor for 2 years may be able to be sponsored for permanent residency by their employer.

A candidate must have at least 2 years’ work experience to qualify for this visa, sometimes more.

The TSS visa has a minimum salary of $73,150 p.a. + super (some occupations require a higher salary).

Subclass 407 Training Visa

We primarily refer to the 407 visa as the training visa although there are other streams. On face value the visa looks quite simple, but in reality, we see countless refusals from inexperienced agents. The training plan is the crux of the application.

The training visa has no minimum salary, but employers are still bound by employment law entitlements. A candidate for this visa only needs one year of full-time experience (work or study) making this visa particularly popular after the introduction of work experience requirements on the 482 (formerly 457).

The idea of this visa is that the business is helping the candidate develop their already existing skill set.

Subclass 408 Religious and Entertainment Visa

There are many different streams to this visa subclass but we specialise in the religious worker stream. Religious workers can be sponsored for up to two years (renewable). There is no direct PR path from this visa. An indirect PR paths can include labour agreements.

Labour Agreement / DAMA

Labour agreements are very different to a typical visa application. It is not a case of those meeting specific criteria being granted a visa but rather it involves a negotiation process with the Department. A DAMA (Designated Area Migration Agreement) is a type of labour agreement.

Labour agreements should fill very genuine needs in the labour market and can access positions at a lower skill level than any other visa stream. Labour agreements offer concessions that the standard visa program doesn’t e.g. create pathways to PR for those over the age of 45, those with lower English language skills, for occupations not catered to by other visa streams.

If you do not have months of time to negotiate with the Department the labour agreement stream is likely not suitable for you.

Subclass 494 Regional Sponsorship Visa

Businesses in regional areas can access a larger list of occupations vs. metropolitan areas. All of W.A, S.A, ACT, Tasmania and N.T. are considered regional. Much of NSW, Vic and QLD is considered regional (even some postcodes within 17km of the CBD). As with the 186 direct entry visa, requirements include:

  • minimum $73,150 p.a. + super salary (sometimes more);
  • 3 years skilled full-time experience;
  • skills assessment;
  • 6 in each category of IELTS (or equivalent test).

494 visa holders cannot apply for PR more quickly than waiting 3 years after visa grant, however, they have access to Medicare.

For some occupations 494 can be a cheaper yet longer pathway to PR. For those about to turn 45, the 494 might be their only pathway to PR.

Subclass 186 Permanent Sponsorship Visa

There are two streams for this permanent residency visa – direct and transition.

Transition stream applicants must have been working for their sponsoring employer for 2 years as a 482 visa holder. The Department assess compliance with conditions on their 482.

Direct entry stream requires 3 years skilled work experience and a positive skills assessment. Occupation must be listed on the medium to long term skilled list.

Minimum salary of at least $73,150 p.a. + super (sometimes more) applies.

6 in each category of IELTS (or equivalent test) is required for both streams.

Subclass 400 Short Stay Visa

Short stay business visas can be suitable when trying to bring in international talent to train Australian staff or work on other short projects. Workers must be highly skilled e.g. agricultural machinery technicians for the busy harvest season but not a fruit piker for the busy harvest season.

Skilled Visas

Subclass 189, 190 and 491 Visa

189, 190 and 491 visas fall under the skilled visa category. For all of these visas a minimum score of 65 points is required. With a skills assessment and evidence of English competency, an expression of interest can be lodged and then you need to wait to see if you are invited to apply. Note that 65 points guarantees you nothing and a skilled migration practitioner tracks points trends and can offer a learned opinion on prospects of success based on the competitiveness of your profile. If you are onshore with a pending visa expiry date you may need to explore additional options in addition to a skilled visa.

State sponsored visas (190 and 491) have larger occupation lists compared to the 189 visa. 190 and 189 are permanent residency applications. The 491 is a 5 year visa with a built-in pathway to PR.

Points for skilled visas can be earned in a number of ways. The most amount of points come from your age with the ‘perfect’ migration age being between 25 and 33. English language test scores are another big point earner as well as education and work experience.

Seek professional advice to make sure you don’t place your bets on the wrong visa especially if you are making an onshore application and need to receive an invitation before your current visa expires.

Subclass 190/491 State Nominated Visa

Typically, if you are onshore you need to have been living in that state for some time before they will consider inviting you to apply for a skilled visa. Know that the states can change their rules at any time and tend to do so even more often than the Department. If a state chooses to sponsor you for a 190-visa based on your occupation being on their list you will earn an extra 5 points, for a 491 visa, 15 points are awarded by the State.

Subclass 491 Regional Visa

The 491 is a 5 year visa with a built-in pathway to PR. Technically you can be sponsored by an eligible family member or by a state/territory in Australia, but in reality, there is extremely limited allocation for the family sponsored stream. 491 visa holders need to work, live and study in a designated regional area. After 3 years of lodging tax returns and complying with the 491 conditions you can be eligible to apply for PR through the 191 visa. A 491-visa holder cannot apply for PR sooner than 3 years after the 491 is granted.

Points

Points for skilled visas can be earned in a number of ways. The most amount of points come from your age with the ‘perfect’ migration age being between 25 and 33. English language test scores are another big point earner, as well as education and work experience.

Family Visas

Partner Visa

It can feel strange having to prove your relationship to the Department but unfortunately there is no way around this. These visas (onshore, offshore, finance/ prospective marriage visa) have a really long waiting time so some people reduce their stress levels by appointing an agent who will be on the other side of the phone every time they need assurance. There is a trend where well lodged applications are fast tracked. We tell our clients we often get grants in 8 months but can’t guarantee this time frame.

Child Visa

Child visas for those over the age of 18 are possible but require meticulous attention from a migration agent. There are age limits for most applicants so, if you have Aus PR or citizenship, and have a child that doesn’t, do not delay in getting your case assessed.

Parent Visa

Contributory parent visas cost ~$50,000 per person. You are able to spread the cost over two applications if need be. If the parents are over 63 years old, we may have a cheaper option. Contact us to see if it could fit your circumstances.

Remaining Relative Visa

We do not assist with offshore remaining relative applications. The waiting list is far too long for anyone to get their hopes up. There is an onshore option we can talk to you about.

Carer Visa

This visa sounds a lot less complicated than it is. This should be a last resort. You should have limited family in Australia for this to be an appropriate visa for you. In the right circumstances we can help but if you talk to an agent that makes it sound easy, please be careful.

Student and Graduate Visas

Student Visa

The biggest thing for a student visa is the genuine temporary entrant criteria. Do not let an agent use any sort of template as this statement should be reflecting your individual circumstances. We have had successful cases that have shocked some people such as accountants with more than 4 years experience from assessment level 3 countries wanting to study to be mechanics.

If PR is your goal you want to think carefully about what course you enrol into to see if it will open up any pathways for you.

Graduate Visa

If you study in Australia for 2 years you may be able to get 18 months to 4 years of unlimited working rights in Australia. This time period is often vital to get you ready for a PR application. The application itself doesn’t necessarily look that complicated but the processes for this visa are very strict and the smallest mistake can lead to visa refusal. Not all studies will lead to graduate visa eligibility. 

Other Visas

Subclass 600 Tourist Visa

The Department are looking for reasons why a tourist will comply with visa conditions and return home after their trip. There are a range of things that contribute to this. They are also looking for ulterior motives. If you are thinking of coming to Australia as a tourist and then applying for another visa it can be very much worth your while to contact a registered agent / lawyer.

Investor Visa

As of February 2024, new 188 applications are currently not an option. We can assist with current 188 visa holders and the transition from 188 to PR. That said, often we find these visas are not the quickest pathway to permanent residency.

Subclass 602 Medical Treatment Visa

This is a temporary visa which allows applicants to travel to or remain longer in Australia for the purpose of receiving medical treatment. Visa holders can also apply for a family member or next of kin to travel to or remain longer in Australia to support them during their medical treatment.

Eligibility criteria for this visa includes having means to pay for medical treatment and/or having access to Australia’s reciprocal health care agreement. Whilst most visas cannot be lodged if applicant has had a visa refused while in Australia, this visa provides an exemption to this rule.

Appeals

We specialise in the out of the ordinary. Our success stories include:

  • 4020 accusations of providing fraudulent and misleading information
  • Schedule 3 partner visa cases
  • Student visa refusals
  • Student visa cancellations
  • Health waivers
  • Criminal history
  • Genuine position

For us to be able to assess your chances of success we need to see your decision record and a copy of what you attached to your application. Don’t forget about the strict time lines for lodging an appeal.

For some clients even if the case is not winnable at the AAT we might still be able to work out a plan to help.

Tips for Choosing the Right Agent / Lawyer

  • Being called a lawyer or a registered migration agent is not enough! Just like in any industry some people are terrific at their job and others terrible. Don’t trust the title, investigate the person.
  • When you are signing up check if you are choosing a firm or an agent. Some big firms pass their file to several agents causing a lot of stress for clients.
  • Online reviews that can be verified such as Google and Facebook (check if they have a profile and are active and are not fake accounts) can give you some insight into their work.
  • The number of years someone has been working isn’t always indicative of skill level. I have interviewed some agents with many years’ experience, but lodging 10 visas a year is very different to 30 a month.
  • If you are onshore (in Australia) make sure your agent has onshore experience. There are so many rules that offshore agents just don’t get to work with.
  • If you are signing up for any type of skilled or work visa and haven’t shown any documents to your agent they may not have the information they need to make a proper assessment. If it seems too easy something is probably wrong.
  • No agent should ever guarantee any outcome.