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The Skilled Stream is made up of the following categories:

  • Business Innovation and Investment Program
  • Employer Sponsored Migration
  • General Skilled Migration
  • Special Migration (for former residents and people with global talent)

Business Innovation and Investment Program

From 1 July 2012, Business Skills Migration was replaced by the Business Innovation and Investment Program (BIIP), which require all applicants to apply via the SkillSelect register, and be sponsored by State or Territory governments.

The BIIP is for business owners and investors and is generally a 2-stage process. The first stage is to obtain a 4-year provisional Business visa. Once business operations or investment have been established in Australia, provisional visa holders can obtain a permanent visa providing they meet residence and business criteria.

In July 2021, the BIIP was revised by the Australian government to provide a more streamlined framework and refocus investments on Australian venture capitals and emerging small and medium-sized businesses to support post-COVID-19 pandemic economic recovery.

Despite the changes, the government’s Migration Review in 2023 concluded that the BIIP was delivering poor economic outcomes for Australia and called for the reconsideration of the size and role of the BIIP, noting more positive outcomes from the Significant Investor visa stream.

Visa Subclasses

The program is made up of the following visa subclasses:

  • Business Innovation and Investment (Subclass 188) visa – 4-year provisional
  • Business Innovation and Investment (Subclass 888) visa – permanent stage
  • Business Owner (Subclass 890) visa – hold eligible visa and own & manage a business in Australia
  • Investor (Subclass 891) visa – hold a provisional Investor (Subclass 162) visa and have held a designated investment of A$1.5 million for 4 years
  • State or Territory Sponsored Business Owner (Subclass 892) visa – hold eligible visa and own & manage a business in Australia
  • State or Territory Sponsored Investor (Subclass 893) visa –hold a provisional State/Territory Sponsored Investor (Subclass 165) visa and have held a designated investment of A$750,000 for 4 years

BIIP Closure on 31 July 2024

The provisional Business Innovation and Investment (Subclass 188) visa in the Business Innovation, Investor, Significant Investor, and Entrepreneur Streams closed permanently to new applications on 31 July 2024.  Existing applications for the Subclass 188 visa will continue to be processed according to the settings which were in place before 31 July 2024.

The following related visa pathways will be maintained:

  • Applications can continue to be made in the Business Innovation Extension and Significant Investor Extension streams for current Subclass 188 visa holders in the Business Innovation or Significant Investor streams.
  • Applications can also continue to be made by applicants seeking to satisfy the secondary criteria for the Subclass 188 visa – that is, members of the family unit of the ‘primary’ applicant who currently holds a Subclass 188 visa or is granted one further to an existing application.
  • Subclass 188 visa holders, including those who are granted a visa further to an application made before 31 July 2024, can continue to apply for the permanent Subclass 888 visa.

In line with Australia’s Migration Strategy, the Australian government has on 7 December 2024 launched the new National Innovation (Subclass 858) visa (see below) which replaced the Business Innovation and Investment (Subclass 188) visa and the Global Talent (Subclass 858) visa.

If you hold a Subclass 188 visa and meet the criteria for the permanent Business Innovation and Investment (Subclass 888) visa you can continue on this pathway after 31 July 2024.

Employer Sponsored Migration

There are a number of permanent visa options available for skilled people who are sponsored by an Australian business. The following 3 categories enable Australian businesses to employ highly skilled foreign workers (from either overseas or temporary residents currently in Australia) where they have been unable to fill their recruitment needs from the Australian labour market.

Employer Nomination Scheme

Lawfully operating Australian businesses can employ foreign workers on permanent visas, to fill full-time highly skilled positions which cannot be filled from the Australian labour market.

Regional Sponsored Migration Scheme

Businesses in regional Australia can employ skilled foreign workers in positions unable to be filled from the local labour market.

Labour Agreements

Labour Agreements are formal arrangements for an Australian industry group or business to employ a number of skilled foreign workers. Both temporary and permanent visas can be granted under the agreement. Agreements are generally effective for 2 to 3 years.

General Skilled Migration

There is a range of visa options under the General Skilled Migration (GSM) Program for skilled persons who want to live in Australia and who do not have an employer sponsoring them. These include options for skilled people applying as an independent migrant, those sponsored by a relative, or nominated by a State or Territory government and those who do not meet the criteria for a permanent GSM visa but are willing to reside in regional Australia on a temporary GSM visa.

From 1 July 2012, the GSM Program includes the following permanent visas:

  • Skilled – Independent (Subclass 189) visa
  • Skilled – Nominated (Subclass 190) visa

Eligibility Requirements

From 1 July 2012, applicants for a GSM visa must first lodge an Expression of Interest application with SkillSelect and must satisfy the following basic eligibility requirements:

  • Invitation – have been invited to apply and apply within the time limit
  • Age – must be under 45 years of age at the time of the invitation to apply
  • English Language – must demonstrate at least ‘competent’ English
  • Nominate Skilled Occupation – nominate occupation on relevant skilled occupation list
  • Skills Assessment – obtained suitable Skills Assessment for the nominated occupation
  • Points Test – achieved the score specified in the invitation letter

Visa applicants lodging a GSM visa application on or after 1 July 2012, will need to lodge an Expression of Interest application first and then wait for an invitation to apply from the Department of Immigration. If you would like to remain in Australia whilst awaiting your invitation to apply, you must ensure that you hold a substantive visa as there is no bridging visa with an Expression of Interest application.

Skilled Regional Provisional Visas

There are 2 skilled regional provisional visas open for applications from 16 November 2019:

  • Skilled Work Regional (Subclass 491) visa – for people nominated by a State or Territory government or sponsored by an eligible family member to live and work in regional Australia
  • Skilled Employer Sponsored Regional (Subclass 494) visa – for people sponsored by a regional employer

To be eligible for permanent residence, holders of the new skilled regional provisional visas will need to show they have lived and worked in regional Australia while holding one of these visas.  They can then apply for the Permanent Residence (Skilled Regional) (Subclass 191) visa from 16 November 2022.

Regional Australia

The ‘regional Australia’ definition is comprised of the following 3 categories:

  • Category 1 – ‘Major Cities’ of Sydney, Melbourne and Brisbane do not receive any regional incentives
  • Category 2 – ‘Cities and Major Regional Centres’ of Perth, Adelaide, the Gold Coast, the Sunshine Coast, Canberra, Newcastle/Lake Macquarie, Wollongong/Illawarra, Geelong and Hobart
  • Category 3 – ‘Regional Centres and Other Regional Areas’

The regional definition offers regional incentives for skilled migrants who migrate to locations classified as Category 2 ‘Cities and Major Regional Centres’ or Category 3 ‘Regional Centres and Other Regional Areas’.

If you would like more information in relation to the new Skilled Regional Provisional visas, please contact Lisa Vorbach today on 0416 084 889 or at lisa@travellingsouth.com.au.

TRA Skills Assessment Update

As part of the Australian Government measure to assist with meeting the demands of the housing construction sector, Trades Recognition Australia (TRA) changed Offshore Skills Assessment Program (OSAP) eligibility requirements for a number of housing construction occupations.

From 31 July 2024, applicants working in eligible housing construction occupations now have the option of having their skills assessed through the Migration Skills Assessment (MSA) program.

Where an applicant is eligible they should apply in MSA program as this program provides applicants with a much cheaper and quicker pathway for skills assessments.  Over December 2024 /January 2025, approximately 85% of MSA applications in a housing construction occupation are being finalised within 25 days.

New PEV in 2024

In 2024, the Department of Home Affairs will introduce the new Pacific Engagement (Subclass 192) visa to improve access, mobility and migration opportunities to build a stronger Pacific Family.

To support this, the Government is committed to a new permanent resident visa (the Pacific Engagement visa (PEV)) for nationals of participating Pacific Island countries and Timor-Leste.  The PEV (up to 3,000 permanent places annually ) will grow Australia’s Pacific diaspora. It will enable stronger people-to-people links and greater cultural, business and educational exchange.

Special Migration

For former residents and people with global talent.

Former Resident

For former Australian permanent residents and persons who served in the Australian Armed Forces before 1981, to return to Australia permanently.

NIV Visa

Australia is not just a great place to live. It’s where experts can build the future.

On 7 December 2024, the new National Innovation (Subclass 858) visa (NIV visa) replaced the Business Innovation and Investment (Subclass 188) visa and the Global Talent (Subclass 858) visa (which was designed to attract the top echelon of global talent to Australian shores).

The invite-only NIV visa is a permanent visa for exceptionally talented migrants from across the world.  These migrants will help create jobs and drive productivity growth in key sectors of the Australian economy.  Applicants must be established and emerging leaders with high-calibre talent and skills who can make significant contributions that will benefit Australia’s future prosperity.

The NIV visa is targeted to one of the following four main areas where the applicant must demonstrate ‘an internationally recognised record of exceptional and outstanding achievement’:

  1. Global Academics and Researchers:  Those with a high calibre research background, notable publications, or evidence of awards and recognition within their field.
  2. Profession (Entrepreneurs):  Successfully established entrepreneurs or emerging entrepreneurs in fields targeted by the Australian Government.
  3. The Arts:  High performing creatives (e.g., musicians or artists).
  4. Sport:  Top-tier athletes who have excelled or are emerging stars in their chosen sport.

There is no age restrictions and flexible English proficiency requirements (where applicants must demonstrate at least functional English or pay the second instalment of the visa application charge).

The Department must invite you before you can apply for this visa, for them to consider you for an invitation, you must submit an expression of interest (EOI) that shows your achievements.  You must apply within 60 days of invitation.  Invitees must have a nominator with a national reputation in their area of talent who is either an Australian citizen, Australian permanent resident, eligible New Zealand citizen or an Australian organisation.  So, there is no direct visa application for the NIV visa.

NIV Priorities

The Department will consider an EOI based on the indicators of exceptional and outstanding achievements claimed and the NIV program priorities.  If the Department invites you to apply for a NIV, it does not mean they have pre-assessed your eligibility to be granted a visa.  Once you lodge a visa application, they will assess you on the merits of your application and the supporting evidence you attach when you apply.

The Department will extend invitations in the following priority order (priority one being highest):

1. Priority One

Exceptional candidates from any sector who are global experts and recipients of international ‘top of field’ level awards.

2. Priority Two

Candidates from any sector nominated on the approved Form 1000 by an expert Australian Commonwealth, State or Territory Government agency.

3. Priority Three

Candidates with exceptional and outstanding achievements in a Tier One sector:

  • Critical Technologies
  • Health Industries
  • Renewables and low emission technologies

4. Priority Four

Candidates with exceptional and outstanding achievements in a Tier Two sector:

  • Agri-food and AgTech
  • Defence Capabilities and Space
  • Education
  • Financial Services and FinTech
  • Infrastructure and Transport
  • Resources

Existing Global Talent Applicants

The Department of Home Affairs announced that they will provide arrangements to ensure that existing Global Talent (Subclass 858) visa applicants will not be adversely affected by the transition.  Applications lodged before 6 December 2024 will be assessed against the eligibility criteria at the time of application.

For the 2024/2025 Migration Program, the number of places under the Global Talent visa has been reduced to 4,000 f(down from 5,000).  With the reduction of the visa allocation places we expect that visa applications will likely be more competitive.