Changes to NSW Occupation List and Student Visa Work Rights
NSW Skilled Occupation List Released
Skilled Independent Visas
As many non-Australians may already be aware, there are a number of independent skilled visas within the Australian migration scheme that may lead to permanent residency. These include the subclass 189 visa, the subclass 190 visa, and the subclass 491 visa.
These visas do not require employer sponsorship but are instead points tested. Applicants must demonstrate that they have a positive skills assessment in an occupation on the skilled occupation list for that particular visa subclass.
They can also claim points based on their unique circumstances. Points are awarded for factors such as their age, English, qualifications, work experience, and other relevant aspects, through an Expression of Interest (EOI). If invited to apply for a points-tested visa, the applicant must be less than 45 years old at the time of invitation.
If the Department of Home Affairs (DHA) consider that the applicant’s EOI meets the points required for an invitation under that particular visa subclass, they can invite the applicant to apply for that visa. This is at their ultimate discretion. An applicant cannot apply for the 189, 190, or 491 visas without first receiving an invitation.
State Nomination
In order to apply for the subclass 190 visa, applicants must also be nominated by a state or territory Government. If an applicant is nominated by a state or territory Government, they should then also receive an invitation for the 190 visa from the DHA. Applicants who are willing to live and work in a regional area in NSW can also be nominated/invited to apply for the subclass 491 visa.
As such, each state/territory will also have its own skilled occupation list, comprising of a list of occupations that they consider to be in demand in their particular state or territory.
The New State List for NSW
On 7 September 2022, after a lengthy pause on the NSW state nomination process, the NSW Government released its revised NSW occupation list. This can be found at https://www.nsw.gov.au/visas-and-migration/skilled-visas/nsw-skills-lists.
Applicants who are based in NSW, skilled in an occupation included on the list above, and who can meet the minimum number of points and the minimum number of years of experience for that occupation, may wish to consider applying for a skills assessment in the relevant occupation. If they can obtain the positive skills assessment, they can lodge an EOI for either/both the 190 and 491 visas for NSW.
The EOI process is highly competitive and there is no specific timeline for a response to be received. Lodging an EOI is not a visa application and so applicants will not receive a bridging visa. As such, while the 189/190/491 pathways offer a possible alternate pathway to PR that applicants can explore, employer-sponsored options remain a more secure pathway to residency.
It is always advised that applicants also take care to ensure compliance with their current visa conditions, and remain aware of their upcoming visa expiry, to ensure that they have made appropriate arrangements to renew their visa ahead of time.
If you consider that you are skilled in the occupations included on the list above, and can meet the minimum number of points and the minimum number of years of experience, please contact us and we will be pleased to review your eligibility and (if eligible) provide a quote for assistance with an expression of interest with the skills assessment and EOI.
Changes to Student Visa Work Rights
At the present time, student visa holders are entitled to work more than 40 hours per fortnight (20 hours per week) as the Department of Home Affairs has relaxed the work restriction. This applies to all student visa holders (regardless of course of study, or industry of employment).
However, the Department of Home Affairs has now confirmed that these unrestricted work rights for student visa holders will cease on 30 June 2023. After that date, student visa holders must revert to 40 hours per fortnight while their course is in session.
Note that those studying a Ph.D. or a Masters degree by research will continue to be exempt from this requirement.
Should you wish to discuss visa options that may allow your employee to continue to work full-time beyond 30 June 2023, please do not hesitate to reach out to us and we will be pleased to assist.
