The Australian Government has announced that the new Global Talent Scheme comes into effect from 1st July 2018 and will be trialled for one year.
It is believed that the new visa will attract people with exceptional technical skills and talent, which can be transferred to the Australian work-force and in turn encourage business growth.
Highlights of the new Global Talent Scheme:
A key feature of the Global Talent Scheme is that it will be split into two streams:
Established business stream
Successful applicants under both streams will have access to a 4-year visa within the Temporary Skills Shortage (TSS) Visa Programme which came into effect on 18 March 2018, providing visa holders a pathway to permanent residency after three years and certain age cap concessions.
Applications will be simpler and have faster processing times.
The new visa scheme in its current form is not limited to a specific list of occupations.
The features of the two streams:
Business must be publicly listed or have an annual turnover of at least A$4 million for each of the past 2 years
Access up-to 20 positions per year
Available to accredited sponsors and other businesses
If the position ends, the visa holder has 60 days to find a new sponsor and a new visa or depart Australia
Business must show a good history i.e. no breaches of workplace or immigration law
Business must demonstrate a track record of giving first preference to Australian workers
Labour market testing for the specific position
Applicants must meet health, character and security requirements
They must have no family relationship with directors/shareholders
Qualifications must be compatible with the highly skilled role
Applicant must have at least 3 years work experience directly relevant to position
Capacity to pass on skills and help develop Australians workers
Position must have minimum annual earnings of A$180,000
Business operates in STEM-related (Science, Technology, Engineering, Mathematics) field
A ‘start-up authority’ must endorse the business
Access up to 5 positions per year
If the position ends (eg the start-up ceases trading) the visa holder has 60 days to find a new sponsor and a new visa or depart Australia
At least 3 years work experience directly relevant to position
Capacity to pass on skills and develop Australian workers
Minimum annual earnings at the market salary rate (this can include equity, but must have a cash component that is no less than the Temporary Skilled Migration Income Threshold (currently A$53,900)).
SAF Related Visa Information
The online forms are now operating in a similar manner to citizenship forms, where applicants cannot lodge the application without first uploading the required evidence.
However, if you do not answer the questions correctly and you will not be asked appropriate further questions or be prompted to attach required LMT evidence.
If you are lodging an application that involves:
a waiver of LMT due to an International Trade Agreement,
an intra corporation transfer, or
alternative LMT evidence for a select occupation or select position,
applicant must indicate this correctly in the first section of the form, otherwise, applicant will not be prompted to answer further relevant questions or attach required evidence before paying and lodging the application.
For example, the Department reports some applicants have answered ‘no’ to the request for the ITO waiver (International Trade Obligation), but have later attached evidence that would support such a waiver. Such inconsistencies are leading to refusals.
Similarly, if required evidence is not uploaded at the correct time during the application and even if uploaded immediately after the application is lodged, the application will be refused and the SAF levy will not be refunded.
Do not ignore the warning message on the LMT page that requires you to make these attachments
Evidence of advertising
Job advertisements must run for 28 days – members must show evidence of the full 28 days. Many online advertisements are removed after the expiry date and cannot be easily validated by VPOs.
Members are again warned to provide sufficient evidence of the 28 days advertising, for example:
Screenshots taken on the first and last date of advertisement, demonstrating that the full 28 days occurred
Reports from the advertiser verifying the start and end dates of the advertising.
Select occupations and select positions
Members are also reminded that the evidentiary requirements for demonstrating an Australian cannot be identified for a select occupation or position are different to those of other LMT (Labour Market Testing) and are NOT interchangeable.
All LMT requirements are contained in Legislative Instrument (LIN 18/036).
>> MIA Notice 120 – 2018
permanent humanitarian visa
You must have a sponsor when you lodge your application and when you are on this visa.
We must approve your sponsor. There are limitations on approval.
You can’t change your sponsor. The person who sponsors you when you apply for the visa must be same person who sponsors you for 2 years after we grant your temporary 309 Partner visa
If you need to apply for a visa and want the process as smooth of an experience possible, talk with one our Migration Experts. Alongside their expert knowledge about migration laws they will make sure your application goes through quickly so that all eyes can stay on what really matters you.
You can be confident in your decision to get assistance from Parish Patience as an immigration lawyer. Our team of experts will provide you with the best service and advice possible for all visa needs, so don’t hesitate any longer!