Three years of the pandemic disrupted many people’s plans. To this day, we believe many onshore temporary visa holders are facing the prospect of their visas expiring soon. Recently, we have received many enquiries about‘Can I return home and apply for a visa offshore? What should I apply for next? Which visa leads to permanent residency, and how should I prepare?“ or‘I’ve already lodged a Subclass 190/189/491 application and have been waiting a very long time — if I don’t receive an invitation, are there any other options?”
In response to these questions, we have compiled the following information.
First of all, applying offshore is not recommended,The benefits of applying onshore are as follows:
–You can hold a Bridging Visa and wait onshore for your visa to be granted.Even if you need to travel overseas during the process, you can apply for a Bridging Visa B (BVB) to leave and return to Australia. A BVB is granted quickly, typically with a validity of 3 months or longer.
–should an onshore visa application be refused, you have the right to appeal. If a visa application submitted onshore is unfortunately refused, you may lodge an appeal with the AAT. At that stage, you can submit materials you were previously unable to provide, and the AAT will reassess your eligibility based on the new information. If the appeal is successful, there is still an opportunity for your visa to be granted.
– For state nomination applicants,many state governments require continuous residence within the state,with a minimum threshold of 3 months.If you have been offshore for too long, you may only be eligible for the overseas applicant stream, which offers fewer options and greater difficulty,effectively forfeiting the ‘advantage’ held by onshore applicants.
Leaving Australia to prepare
is definitely not recommended
Which Visa Should I Apply For? How Can I Migrate?
If you entered Australia on a visitor visa and your visa has no Condition 8503
If you are in Australia on a visitor visa and your visa does not carry Condition 8503 (or has a Condition 8503 waiver), you have the following options:
* Subclass 500 Student visa, choose a course of two academic years or more that supports a migration pathway. Generally speaking, skilled migration requires at least a bachelor’s degree level qualification. Choose a field you are relatively strong in with good career prospects, and study to build your subject knowledge and English proficiency while accumulating relevant work experience, preparing yourself for future migration;
* Subclass 408 Pandemic event visa,provided you have an employer willing to offer you work. The visa can be valid for up to 12 months and is another avenue for accumulating work experience;
* Subclass 600 Visitor visa, which can be renewed onshore for up to 9 months, though it does not permit work. This does not, however, prevent you from looking for employment or study opportunities;
If you already hold a higher qualification and have accumulated a reasonable level of relevant work experience, along with a solid command of English, it may be possible to apply directly for skilled migration. Skilled migration includes skilled independent migration, state-nominated skilled migration, and non-points-tested employer-sponsored migration.
Which Visa Should I Apply For? How Can I Migrate?
If you are in Australia on a student visa
If your previous course was less than 2 years in duration,it is recommended that you continue renewing your Subclass 500 Student visa and complete at least 2 years of study in total.
If you have already completed a 2-year course,and have an IELTS score of 6, you may consider the Subclass 485 Graduate Work visa. The Subclass 485 is currently valid for up to 3 years (for master’s degree holders or above), and once granted,you will have at least 3 years of full-time work authorisation,which significantly increases your opportunity to accumulate full-time work experience after graduation and is beneficial for a future skilled migration application.
As you can see, all of this preparation centres around qualifications, work experience, and improving your English — that is, preparing for skilled migration. So do you meet the requirements for skilled migration, and what visa options are available to you?
1
Points-tested Skilled Migration (Subclass 190/491/189)
Basic requirements:
1. Nominated occupation: must be on the skilled occupation list; for state nomination, confirm that the occupation is on each state’s occupation list and that you meet the relevant requirements. 2. Having at least one year of relevant work experience is a competitive advantage. 3. An IELTS score of 7 in all four bands earns additional points and increases competitiveness.
If a Subclass 189 or 190 invitation is simply not available, you may also consider the Subclass 491 Skilled Work Regional (Provisional) visa. After being granted, you need to spend at least three years in a regional area and meet the income requirement in order to transition to a Subclass 191 PR.
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2
Employer-Sponsored Migration — Subclass 407/482/186 or Straight to Permanent Residency via 186
Requirements: the nominated occupation must be on the skilled occupation list, and you must have a qualifying employer willing to provide work sponsorship. The relevant visa will then depend on the length of your full-time work experience.
The Subclass 407 Training visacan be valid for up to 2 years, and you may work full time while awaiting the visa decision,and the work experience accumulated during this period is recognised by the Department of Home Affairs for a Subclass 482 application. Applicants with only one year of relevant full-time work experience may consider the Subclass 407 Training visa as a means of continuing to build their experience.
We have assisted multiple clients who, while waiting for their Subclass 407, met the two-year relevant work experience requirement and proceeded directly to apply for Subclass 482 employer sponsorship.
Subclass 482 visais a temporary work visa, valid for up to 4 years. It serves as a bridging visa — after working for an employer for three years, you may apply for the Subclass 186 ENS for permanent residency. The 186 Transition stream is currently one of the more popular migration pathways. Compared with the 186 Direct Entry stream, the requirements are lower, and most occupations do not require a skills assessment or a high level of English proficiency.
186 DIRECT ENTRY STREAMis a direct employer-sponsored permanent residency pathway. It requires three years of relevant full-time work experience, a skills assessment, and an IELTS score of 6. After graduating, student visa holders typically apply for the Subclass 485 Graduate Work visa to accumulate work experience. If, by the time the Subclass 485 expires, you have accumulated three years of relevant work experience, passed a skills assessment, and achieved IELTS 6, applying for permanent residency via the Subclass 186 Direct Entry stream may also be an option.
Employer-sponsored migration is now a very high priority!
For those who are anxiously waiting for a state nomination invitation,employer-sponsored migration is actually an excellent Plan B.State-nominated skilled migration requirements are complex and changequite rapidly; each state’s demand for specific occupations and the allocation quotas are constantly beingadjusted and require close monitoring. Even well-qualified applicants cannot be guaranteed a nomination, which truly gives you the feeling that plans can never keep pace with change.Employer-sponsored migration requirements and conditions, on the other hand, have always remained relativelystable, and it is also a migration programme strongly encouraged by the Australian Government.So it is worth considering a dual approach.
Which situation applies to you? Contact us and we will help you find the answers, and ensure your migration journey goes smoothly.
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