Giuseppe Romano Giuseppe Romano

Changes to the GTE requirement for Student visas sc 500 - From 23 March 2024

The Department of Home Affairs has announced that changes to the student visa subclass 500, as outlined in the Migration Strategy released last December, will take effect from March 23, 2024, for applications submitted on or after that date.

The main change pertains to the Genuine Temporary Entrant (GTE) requirement: up to now, international students have been requested to submit a letter of intent along with their visa application. However, this statement will now be replaced by a Genuine Student (GS) requirement.

This new requirement will comprise targeted questions designed to assist case officers in evaluating students' genuine intentions to pursue quality education in Australia, distinguishing their study plans from any future migration aspirations.

The questions will focus on:

  • Details of their current circumstances, including connections to family, community, employment, and economic conditions.

  • An explanation for their choice of course and reasons for selecting Australia as their study destination.

  • Advantages offered by the chosen course.

  • Educational history for applicants with a prior record of studying in Australia.

  • Reasons why applicants holding a different visa in Australia require a student visa, and any additional relevant information the applicant wishes to provide.

Although articulated differently, with questions replacing the current statement, many aspects of the new GS requirement will overlap with the GTE. However, the last two points, specifically concerning applicants who are already studying in Australia and those holding visas other than student visas, look particularly aimed at scrutinizing the intentions of applicants already within the country. These applicants will need to demonstrate their genuine student status, if they have previously studied in Australia (for example, showing that they have successfully completed their previous course of studies). If they are onshore on a different visa, they must show that their intentions genuinely revolve around achieving education in Australia. This measure is in place to prevent visa misuse for alternative purposes.

Additionally, amendments will be made to the student visa declaration to ensure that students:

  • Understand what it means to be a genuine student for the purpose of studying in Australia.

  • Have read, comprehended, and agreed to comply with the conditions of the student visa, as well as to notify the Department of Home Affairs of any changes to their circumstances.

  • Recognize that while post-study pathways to permanent migration exist, only a limited number of graduates will be eligible, and those unable to legally remain in Australia must depart.

There is a possibility that changes to the English language requirements for international students, also outlined in the Migration Strategy, will be introduced at this stage; however, there are currently no specific updates regarding this matter.

It's important to note that despite the imminent start date, these changes have not yet been enacted into law. The Department will provide further details closer to the expected implementation date.

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Giuseppe Romano Giuseppe Romano

NEW "SKILLS IN DEMAND" VISA- Coming soon!

Big changes are underway in Australia's immigration landscape as the announcement for a new "SKILLS IN DEMAND” VISA has been unveiled. The Australian immigration system is gearing up for a significant revamp, aiming to attract individuals with the skills the country needs.

In this blog post, we'll explore the key details about this new visa and what it means for prospective immigrants.

What We Know So Far:

The New Visa Streams: According to the Migration Strategy plan released last December 2023, the upcoming visa will be available in three streams, each designed to identify and accommodate the specific skills Australia is in need of:

  1. Specialist Skills Pathway, to drive innovation and job creation:

    • This pathway will be for highly skilled workers and welcomes applications from nearly all occupations (except trades workers, machinery operators and drivers, and labourers).

    • The primary requirement will be an annual salary of at least $135,000.

    • An annual cap of available spots will most likely be enforced.

  2. Core Skills Pathway, to bring in the skilled employees Australia needs now and in the future:

    • Individuals seeking sponsorship through this stream will have an occupation listed in the relevant Core Skills Occupation list, with salaries ranging from $70,000 to $135,000 per year.

    • This pathway is expected to be central, covering a majority of the visa applications. Unlike the Specialist Skills Pathway, trades workers, machinery operators and drivers, and labourers will be eligible to apply.

    • The Core Skills occupation list will be regularly updated to reflect Australia's evolving needs for skilled workers.

  3. Essential Skills Pathway:

    • This stream will be for workers with skills essential to Australia, but their salaries are below $70,000.

    • Initially, the department is expected to open this stream to applicants employed in aged care and disability assistance sectors. However, this pathway is still considered an area for future reform, with consultations scheduled to begin in early to mid-2024.

Additional Highlights:

  1. Sponsor Transfers: Sponsors can be transferred within 180 days instead of the current 60 days.

  2. Expanded Work Opportunities: Unlike the current restriction where individuals can only work for the nominating employer, Skills in Demand visa holders will be able to work for multiple employers. Employment with any approved employer will count towards permanent residence requirements.

It's important to note that these changes are not yet officially legislated, and the exact timeline for implementation remains uncertain (we expect them to become active from late 2024). As of now, the existing work visas like TSS 482, ENS 186, and Regional 494 remain in effect.

For more information on these visas and recent reforms already in place, click here.

Stay tuned for the latest updates on immigration and visas in Australia!

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Giuseppe Romano Giuseppe Romano

CRITICAL COVID-19 WORK IN THE HEALTHCARE AND MEDICAL SECTORS TO COUNT AS SPECIFIED WORK

The Department of Home Affairs has announced changes to the Working Holiday Visa program.

Working holiday makers, who have worked in critical healthcare and medical sectors in response to the COVID-19 emergency, will now be able to count work undertaken after January 31, 2020 as specified work to apply for a second and third working holiday visa.

Changes will also be made to allow those who had a working holiday visa and then switched to a COVID-19 pandemic event visa subclass 408, to continue doing critical COVID-19 works in the health and medical sectors, which will count as specific work for the purpose of a 2nd or 3rd WHM visa.

To make these changes effective, regulation amendments are required. Further updates will be available soon.

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