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Increase in the Temporary Skilled Migration Income Threshold from 1 July 2025

The Temporary Skilled Migration Income Threshold (TSMIT) is the minimum annual salary that employers can pay an overseas worker. The TSMIT is not a stand-alone ‘minimum’ requirement and must be coupled with the Annual Market Salary Rate (AMSR) for the nominated position. Together, these ensure that overseas workers are compensated fairly, aligning their remuneration with those of Australian workers in the same role.

The visas that are affected by the TSMIT and AMSR include the Skills in Demand (subclass 482) and Employer Nomination Scheme (subclass 186).

Effective from 1 July 2025, the TSMIT will increase from $73,150.00 to $76,515.00. This adjustment reflects the government’s commitment to maintaining fair wage standards for migrants.

It’s important to note that this change will only impact new nomination applications lodged on or after 1 July 2025. Employers lodging nomination applications with the Department of Home Affairs must ensure that the nominated position meets or exceeds the new TSMIT and the AMSR, whichever is higher. Positions offering less than the TSMIT will not be eligible for nomination. Existing visa holders and nominations lodged before 1 July 2025 will not be affected by this change.

March 21, 2025
New Skills in Demand Visa Announced
The long-awaited change in the Temporary Skill Shortage (subclass 482) visa has been announced as the newly named Skills in Demand (SID) visa. While the visa subclass remains the same, the occupations and streams within the visa have some big changes as of 9 December 2024.

What is the SID (subclass 482) Visa?

The SID visa is designed to help Australian businesses meet their workforce needs by allowing them to sponsor skilled workers from overseas.

The SID visa replaces the Temporary Skill Shortage (TSS) visa. The SID allows most visa holders to stay in Australia for up to 4 years.

Who is eligible for the SID visa?

The Department of Home Affairs (DOHA) released the new Core Skills Occupation List (CSOL) which has replaced the existing multiple skilled occupation lists previously used for the Temporary Skill Shortage visa. The CSOL has more than 450 occupations across most job sectors in Australia.

The CSOL is based on labour market analysis and stakeholder consultations by Jobs and Skills Australia. It will apply to the SID Core Skills stream and Employer Nomination Scheme (subclass 186) visa (Direct Entry stream).

The full list of occupations on the CSOL is available here: The Core Skills Occupation List

Although the list has expanded, some occupations have been removed from the prior list, including Real Estate Representatives, Café & Kitchen Managers, Swimming Instructors, and a variety of Farmers.

Within the expanded list, some caveats still exist, which makes it important for an employer to contact us prior to lodging any applications to ensure that the position will qualify for the SID visa.

The SID visa has 3 streams:
- Core Skills stream.
- Specialist Skills stream.
- Labour Agreement stream.
Core Skills Stream

The Core Skills stream is the most common route for applicants and aims to fill occupations identified as being in shortage. If you have an occupation on the CSOL and meet the other general eligibility criteria, you can apply under this stream.

Salary Requirements: To qualify, applicants must be paid at least the Core Skills Income Threshold of AUD 73,150 and no less than Australian workers in the same occupation.

Work Experience: Applicants are required to have at least one year of relevant work experience in their nominated occupation or related field, which is one year less than what was required under the TSS visa.

Specialist Skills Stream

The Specialist Skills stream is for highly skilled professionals who can contribute to Australia’s innovation and productivity in highly technical or niche industries. This stream targets applicants who are earning above a certain salary threshold and have expertise in fields that drive national growth.

Salary Threshold: To be eligible for the Specialist Skills stream, applicants must earn at least AUD 135,000 per year, and no less than Australian workers in the same occupation.

Eligible Occupations: This stream is open to professionals in any occupation listed on the ANZSCO 2022 (Australian and New Zealand Standard Classification of Occupations), except for those classified under major groups 3 (trades), 7 (machinery operators), and 8 (drivers and labourers).

Labour Agreement Stream

The Labour Agreement stream is aimed at employers who have a formal labour agreement with the Australian government. It is being phased out and will soon be replaced by the Essential Skills stream, which is still under development.

What does this mean for TSS Visa Holders?

For those who currently hold a Temporary Skill Shortage (TSS) visa, the transition to the SID visa system should be smooth. The TSS visa will remain valid for its duration, and existing TSS visa holders will still have a pathway to permanent residence, subject to meeting all relevant eligibility criteria.

As of 6 December 2024, applications for the TSS visa officially closed. All applications made on or prior to 6 December 2024 will be processed in line with existing arrangement.

All future applications must be made under the SID visa.

Next Steps

The introduction of the SID visa marks a significant shift in Australia’s approach to managing its skilled migration system. With more targeted streams, clear pathways to permanent residency, and a focus on addressing critical labour shortages, the SID visa offers both skilled workers and employers a more reliable and streamlined process for filling vital positions in the Australian workforce.

If you’re considering applying for the SID visa or want to learn more about how it can benefit you or your business, consult with us today so we can guide you through the process and ensure you meet all the eligibility requirements.
December 11, 2024
If my business sponsors an overseas worker on a Temporary Skill Shortage (482) visa, can they work for another employer?

When a Temporary Skill Shortage (TSS) visa (subclass 482) is granted by the Department of Home Affairs it come with a mandatory condition, Condition 8107. This condition governs the visa holder’s employment arrangements and ensures that they adhere to the requirements of the visa.

While holding a TSS visa the individuals work rights were generally tied to the employer who sponsored the visa. However, in July 2024, significant changes were introduced to Condition 8107. These changes were part of a wider change to improve conditions for temporary workers, specifically addressing issues like worker exploitation and job flexibility.

Under the updated 8107 condition, workers on TSS visa have greater flexibility. They can cease employment with their sponsor for up to 180 consecutive days (previously, it was only 60 days) or a total of 365 days during their visa validity. This extended time frame provides visa holders with more security while they seek a new employer, apply for a new visa, or make arrangements to leave Australia.

Additionally, visa holders are now allowed to work for other employers during this job search period. Previously if a TSS visa holder worked for another employer without transferring their visa first, it was a breach of Condition 8107. It was also a breach for the employer as they were employing an individual in breach of their work conditions.

The change to Condition 8107 allows an employer to hire a TSS visa holder without the need to transfer the visa first. If the employer, then wishes to retain the TSS visa holder an application to transfer the visa to the sponsorship of the employer or a new visa application can be made.

If you would like to discuss your Temporary Skill Shortage visa, or any migration options you have, contact our team today.

September 24, 2024
Becoming an Australian Citizen by Descent – A Path for Those Born Abroad
Australia is a nation built on migration, with many citizens tracing their heritage back to different parts of the world. For those born outside Australia to Australian parents, citizenship by descent offers a direct route to becoming an Australian citizen.

What is Citizenship by Descent?

Citizenship by descent is a way for individuals born outside of Australia to acquire Australian citizenship based on their parentage.

If you have at least one parent who was an Australian citizen at the time of your birth, you may be eligible for this pathway, allowing you to claim your Australian heritage and enjoy the benefits of Australian citizenship.

Eligibility Criteria

To be eligible for Australian citizenship by descent, you must meet the following requirements:
1. Parental Citizenship: You must have at least one parent who was an Australian citizen when you were born. If your parent became a citizen by descent or adoption, they must have spent at least 2 years lawfully in Australia before you apply.
2. Proof of Parentage: You need to provide evidence of your relationship with your Australian parent. This typically includes your birth certificate and your parent’s citizenship documents.
3. Good Character: If you are 18 years or older at the time of application, you must be of good character. This means you must pass a character assessment, which involves providing a police clearance from every country you have lived in for 12 months or more since turning 18.
4. Age: There is no age limit for applying for citizenship by descent. You can apply at any age, but applicants 18 years and older will need to meet the character requirement.
Benefits of Australian Citizenship by Descent

Becoming an Australian citizen by descent offers many of the same benefits as other forms of citizenship:
- Australian Passport: You can apply for an Australian passport, granting you the ability to travel freely in and out of Australia and access consular assistance worldwide.
- Voting Rights: Once you are an Australian citizen, you will have the right to vote in federal, state, and local elections, participating fully in Australia’s democratic process.
- Permanent Right to Reside in Australia: As a citizen, you have the right to live in Australia permanently, without any restrictions.
- Passing Citizenship to Your Children: If you have children born outside Australia, you can pass on Australian citizenship to them by descent, ensuring your family maintains its connection to Australia.
Important Considerations

While citizenship by descent is a valuable pathway, there are a few things to keep in mind:
- Citizenship by Descent vs. Birth: If you were born in Australia to Australian parents, you are automatically an Australian citizen by birth. Citizenship by descent is specifically for those born overseas.
- Dual Citizenship: Australia allows dual citizenship, meaning you can hold citizenship of another country alongside your Australian citizenship. However, you should check whether your other country of citizenship permits dual nationality, as some countries have restrictions.
- No Residency Requirements: Unlike citizenship by conferral, there are no residency requirements for citizenship by descent. You do not need to have lived in Australia to apply, making it an accessible option for those residing abroad.
Conclusion

Citizenship by descent is a meaningful way to establish your connection to Australia, especially if you were born abroad to Australian parents. The process is straightforward, and the benefits of Australian citizenship are significant, including the right to live, work, and study in Australia, and the ability to pass citizenship on to future generations.

If you believe you’re eligible for citizenship by descent, contact one of our migration specialists today and we can assist in screening your eligibility.
September 5, 2024
Becoming an Australian Citizen by Conferral
As we near Citizenship Day on 17 September, Australians have an opportunity to reflect on the meaning and importance of Australian citizenship and the responsibilities and privileges we have as citizens.

Australian Citizenship Day was first celebrated in 2001. Every year on this day, Australia welcomes thousands of new citizens in local communities across the nation.

Since 2001, the Department of Home Affairs (DOHA) and local councils promote this day by holding special citizenship ceremonies, affirmation ceremonies and other events around the country.

DOHA notes that Australia is one of the most culturally diverse nations in the world. Since 1949, we have welcomed more than 6 million new citizens to our shores.

Many who come to live in Australia as permanent residents eventually seek to become citizens, fully embracing their new home. One of the most common pathways to Australian citizenship is by conferral.

What is Citizenship by Conferral?

Citizenship by conferral is the process by which a permanent resident of Australia becomes an Australian citizen. This is the most common way for migrants to obtain citizenship, allowing them to fully integrate into Australian society with all the rights and responsibilities that citizenship entails.

Eligibility Criteria

Before applying for citizenship by conferral, it’s essential to ensure that you meet the eligibility requirements.
1. Permanent Residency Status: You must be a permanent resident of Australia at the time of application and when the decision is made.
2. Residency Requirements: You need to have lived in Australia on a valid visa for at least four years immediately before applying, including:
  - At least 12 months as a permanent resident.
  - No more than 12 months spent outside Australia during this period, with no more than 90 days outside Australia in the 12 months before applying.
3. Good Character: Applicants must be of good character, meaning they must pass a character assessment conducted by the Department of Home Affairs.
4. Basic Knowledge of English: While there is no formal English test, you should have a basic understanding of English and be able to answer the questions during your citizenship interview.
5. Intention to Live in Australia: You must intend to live in Australia or maintain a close and continuing association with the country.
6. Knowledge of Australia and the Citizenship Test: You must have a basic knowledge of Australia, its values, history, and laws. If you are between 18 and 59 years old, you will need to pass the citizenship test, which assesses your knowledge in these areas.
Some groups of people like New Zealand Special Category Visa Holders, people over 60 years old, or children of Australian citizens have different eligibility requirements, so these may not apply in every situation.

Benefits of Australian Citizenship

Becoming an Australian citizen comes with numerous benefits:
- Right to Vote: As a citizen, you can participate in Australia’s democratic process by voting in federal, state, and local elections.
- Eligibility for an Australian Passport: You will be able to apply for an Australian passport, which allows you to travel freely in and out of the country.
- Access to Consular Assistance: Australian citizens can receive consular assistance from Australian embassies and consulates worldwide.
- Eligibility for Certain Government Jobs: Some government positions are only open to Australian citizens.
Conclusion

Becoming an Australian citizen by conferral is a significant milestone for many migrants. It represents a commitment to Australia and its values, offering a sense of belonging and the full rights and responsibilities of citizenship. The process may seem daunting, but with careful preparation and an understanding of the requirements, you can successfully navigate the path to Australian citizenship.

If you’re considering applying to become an Australian citizen by Conferral, now is the time to get in contact with one of our migration specialists today.
August 29, 2024
Restaurant (premium dining) industry Labour Agreement
The Restaurant (premium dining) industry Labour Agreement, also commonly known as the Fine Dining Labour Agreement is a specific labour agreement available in Australia designed to address skills shortages in the fine dining sector. This agreement allows fine dining restaurants to sponsor overseas skilled workers for specific roles that are otherwise difficult to fill within the local labour market.

Key Features
1. Eligible Occupations:
  - The agreement covers skilled occupations essential to the fine dining industry. The available positions are chefs, cooks, restaurant managers and trade waiters.
2. Sponsorship:
  - Fine dining restaurants must be approved as sponsors under this labour agreement. The sponsorship process involves demonstrating a genuine need for overseas workers and showing that the positions cannot be filled by Australian workers.
3. Visa Options:
  - Employees sponsored under the Fine Dining Labour Agreement are eligible for the Temporary Skill Shortage (TSS) Visa (Subclass 482) and Skilled Employer Sponsored Regional (Subclass 494) visa, which allows them to work in Australia temporarily. In some cases, pathways to permanent residency may also be available.
4. Concessions:
  - The Fine Dining Labour Agreement may offer certain concessions compared to standard visa requirements. These can include variations in English language proficiency, tailored to the needs of the fine dining industry.
5. Labour Market Testing:
  - Employers must demonstrate that they have made genuine efforts to recruit Australian workers before turning to overseas labour. This involves advertising the position and proving that no suitable local candidates were available.
Application Process
1. Consultation and Application:
  - Employers interested in the Fine Dining Labour Agreement must consult with the Department of Home Affairs and submit an application demonstrating their need for overseas workers.
2. Negotiation and Agreement:
  - As the Fine Dining Labour agreement is a template industry agreement, there is no further negotiation available.
3. Visa Nomination and Application:
  - Once the labour agreement is finalised, the employer nominates the overseas workers for the visa, and the workers then apply for the relevant visa subclass.
Benefits
- Addressing Skill Shortages: Helps fine dining establishments fill critical skill gaps, particularly in occupations not on the skilled occupation lists such as Trade Waiter.
- Pathway to Residency: Can provide a pathway to permanent residency for skilled workers, benefiting both the employer and the employee.
If you would like to discuss anything regarding the restaurant (fine dining) labour agreement stream or any other migration options, please contact our team today.
July 23, 2024
Minister for Home Affairs announces changes to onshore visa applications to stop ‘visa hopping’
On Wednesday 12 June 2024, the Minister for Home Affairs the Hon. Clare O’Neil MP announced changes that will stop certain visa holders being able to make further visa applications onshore. These changes will come into effect on 1 July 2024.

The focus of these changes rests on student and other temporary visa holders. As noted in the Migration Strategy released in 2023;

the numbers of international students staying in Australia on a second, or subsequent student visa has grown by over 30 per cent to more than 150,000 in 2022–23.

In the media release of 12 June 2024 it is noted that;

Peter McDonald, a renowned Australian demographer, recently said that severely curtailing visa hopping by accepting fewer visa applications from people already in the country would better manage population growth than cuts to the permanent migration intake.

The focus of the Federal Government is to restore the integrity of the Student visa system to ensure that those studying in Australia are here for genuine study purposes. The changes from 1 July 2024 are:
- Visitor visa (subclass 600) holders will not be able to apply for Student (subclass 500) visas onshore
- Temporary Graduate (subclass 485) visa holders will not be able to apply for Student (subclass 500) visas onshore.
These changes support a range of others that are being introduced for Temporary Graduate visa holders on 1 July 2024. These include substantially shorter post-study work rights, reduced age limits from 50 to 35 years of age, and increased English language requirements which were implemented in March 2024. It is worth noting that the age limit remains at 50 years for those who have completed a Masters (Research) and a PhD.
June 13, 2024
A Digital Nomad’s Guide to Australia on a Subclass 600 Visa

In an era where remote work continues to thrive, the concept of being a digital nomad has gained significant traction. As boundaries blur and opportunities become global, many adventurous souls seek to combine work with travel, exploring new destinations while maintaining their professional endeavours.

Australia, with its stunning landscapes, vibrant cities, and thriving economy, often finds its place on the bucket list of digital nomads worldwide. If you’re considering embarking on this journey, navigating the visa process is the first step. One such option is the Subclass 600 Visa, offering a gateway to experience the wonders of Australia while pursuing your career as a digital nomad.

The Visitor Visa (subclass 600) is designed for individuals who wish to visit Australia for various purposes, including tourism, business, or visiting family and friends. It is a temporary visa that allows you to stay in Australia for up to three, six, or twelve months, depending on the stream you apply for.

Visitor Visa (subclass 600) applicants intending to continue online work (including social media influencers and bloggers) while visiting Australia for short stays would generally not be considered in breach of condition 8101 or 8115, unless being paid by an Australian organisation. This means that an applicant would be violating the conditions if they received remuneration to attend a promotional event in Australia or worked for a company who has offices in Australia.

If you have the luxury of working online and remote for a foreign company, then visiting Australia for a short stay might be the perfect work-life balance. From the iconic Sydney Opera House to the breathtaking Great Barrier Reef, the possibilities are endless. As a digital nomad, you’ll have the flexibility to work from various locations, whether it’s a bustling city cafe, a tranquil beachside retreat, or a cozy cabin nestled in the mountains.

As a digital nomad on a Visitor Visa (subclass 600), it’s crucial to adhere to the visa conditions and refrain from undertaking any work that could be considered as ongoing employment or local labour.

Staying informed about visa regulations and updates is essential to ensure compliance throughout your stay. Be proactive in seeking guidance from reputable sources, such as the Department of Home Affairs website or immigration consultants, to clarify any uncertainties and avoid potential pitfalls.

Embarking on a journey to Australia as a digital nomad on a Subclass 600 Visa is an exciting opportunity to combine work with exploration, immersing yourself in a new culture while pursuing your professional endeavours.

By understanding the visa process, embracing the diverse experiences Australia has to offer, and maintaining compliance with visa regulations, you can make the most of your time down under, creating memories that will last a lifetime. So, pack your laptop, prepare for adventure, and get ready to embrace the Australian lifestyle as a digital nomad.

Contact our team today to discuss your options with the subclass 600 visa or any other options that may assist you.

June 4, 2024
Important Changes to the Temporary Skilled Migration Income Threshold (TSMIT) Effective from 1 July 2024
The Australian government is making a significant update to the Temporary Skilled Migration Income Threshold (TSMIT), reflecting its ongoing commitment to maintaining fair wages and conditions for skilled migrants.

From 1 July 2024, the TSMIT will increase from $70,000 to $73,150. This change is part of the broader initiatives announced during the Jobs and Skills Summit in September 2022, aimed at ensuring Australia’s labour market remains competitive and fair.

What is the TSMIT?

The TSMIT is the minimum salary that must be offered to skilled migrants to qualify for certain temporary skilled visas in Australia. It ensures that the skilled migrants are paid adequately, in line with the local labour market conditions, and helps to prevent exploitation.

Key Changes Effective 1 July 2024

From 1 July 2024, any new nomination applications will need to meet the updated TSMIT of $73,150 or the annual market salary rate for the position, whichever is higher.

This means that employers must ensure their salary offerings are compliant with the new threshold or reflect the market rate, demonstrating fair compensation for the role.

The TSMIT impacts the following visas:
- Temporary Skill Shortage (subclass 482) Visa
- Employer Nomination Scheme (ENS) (subclass 186) Visa (via the Direct Entry stream only)
- Employer Sponsored Regional (subclass 494) Visa
Impact on Existing Visa Holders

It’s important to note that these changes will not affect existing visa holders or nominations lodged before 1 July 2024. Those currently holding visas or those whose nominations are in process before the cut-off date will continue to be assessed under the existing TSMIT of $70,000.

Businesses must ensure that they meet their sponsorship obligations though and continue to pay employees as mandated by any prior approval notifications.

Contact Visa Australia

The upcoming increase in the Temporary Skilled Migration Income Threshold from $70,000 to $73,150 may have significant impacts on businesses and wages.

Employers and prospective skilled migrants should take note of these changes to ensure compliance with the new requirements from 1 July 2024.

Staying informed about these updates is crucial for businesses that rely on skilled migration and for migrants planning to work in Australia. For more detailed information, contact our team today.
May 31, 2024
How to review a migration decision in the Administrative Appeals Tribunal (AAT)
One of the questions we are asked regularly when a client has a visa refused is – What are my chances of success if I appeal?

Statistics would seem to indicate that the Department of Home Affairs (DoHA) often takes an unreasonable approach to their decision making.

In the AAT Migration and Refugee Division caseload report for the financial year to 29 February 2024, there were 8,781 lodgements, 7,982 decisions and 15,240 active files (excluding refugee matters).

The breakup of the types of visas are:
- Student 40%
- Partner 16%
- Visitor 16%
- Temporary work 7%
- Skill linked 5%
- Student cancellation 4%
- Nomination/Sponsor approval 4%
- Family 3%
- Permanent business 2%
- Bridging 2%
About 40% of the decisions reviewed end up being set aside or remitted back to DoHA.

Therefore, the chances of a successful appeal to review a decision appear to be good.

However, the success of any review decision will depend on ensuring the case is prepared and presented professionally and with all the right information.

What is the AAT’s role?

The AAT is an independent tribunal which reviews Commonwealth administrative decisions. It is an informal jurisdiction and has no common law jurisdiction. It receives its powers from the Commonwealth Parliament.

If you receive an unfavourable outcome from DoHA in relation to your visa, then you have a specific time period to lodge an appeal to review the decision and apply to have it set aside.

If the decision is not set aside the AAT can affirm DOHA’s decision or it may remit it back for further consideration by the decision maker at DoHA.

It is very important to act promptly and ensure any appeal is lodged within the relevant time period, which is generally 28 days.

It is important to always check the appeal period that DoHA outlines in the decision record that you receive refusing your visa.

If you fail to lodge on time your ability to review the decision will be lost.

Importantly you must make sure that you lodge the application correctly.

Preparing your appeal

After the application is lodged, you are then required to prepare your supporting documents and submissions.

This is a very important process, and you will have to gather your evidence which will include evidentiary and supporting material.

You may also be required to have witnesses available for any hearing.

It is at this time it is important to have competent legal representation to ensure your case is prepared correctly and with the relevant evidence to give you the best chance of success.

A good legal representative will set out a strategic plan to ensure all your bases are covered to achieve the best outcome.

The hearing

In some circumstances the AAT may decide your matter without a hearing based on the documents that have been filed including the submissions.

If you are required to attend for a hearing in person, it will be presided over by a Member of the AAT.

Where an applicant’s character or credibility is being assessed the Member will generally require them to appear in person.

You are entitled to an interpreter if required.

The Member will generally ask questions and your witnesses will be allowed to give evidence.

The Member can request further information which can be provided after the hearing, generally within a specific time period.

The decision

The decision of the AAT will be conveyed to your legal representative or yourself in writing.

The three possible outcomes are:
- Affirm the decision – the AAT agrees with DoHA’s original decision
- Set aside the decision – in this case the AAT may substitute a new decision to replace DoHA’s previous decision
- Remit the decision – the AAT makes a positive decision and sends it back to the DoHA to finalise the application
If the AAT sets aside the decision DoHA is not required to further assess the application.

If your application is remitted, DoHA is then required to further process the application and may assess other aspects of the application which were not considered in the original decision. Once satisfied that the remaining matters have been met, a final decision is made by the D0HA.

How can FC Lawyers help with the migration decision?

Appealing a decision to the AAT after a visa refusal can be complex and personally challenging.

The right advice is imperative for a successful appeal.

Our experienced team of legal and migration professionals, including accredited specialists have assisted hundreds of applicants to achieve successful appeals in the AAT and the Federal court system.

Contact our team today to discuss your options if you have received an unfavourable migration decision.
April 30, 2024