New South Wales (NSW) and South Australia (SA) have unveiled their eligibility requirements for the National Innovation Visa (Subclass 858), a permanent residence visa that targets individuals with internationally recognized records of exceptional achievement in their respective fields.

Expression of Interests (EOIs) supported by a State or Territory Government are afforded second-highest processing priority by the Department. Given this, we anticipate both the NSW and SA nomination programs to be highly competitive and of interest to globally talented individuals.

 

New South Wales (NSW) Eligibility Criteria

NSW has introduced five nomination pathways, which targets attracting top-tier talent that will contribute substantially to the State’s innovation ecosystem.

A summary of the eligibility criteria is below:

1.      Academic and Researcher Pathway: For individuals with a distinguished record in academic or research fields. The applicant must show a strong track record of original and impactful research relevant to NSW’s current or future economic or social needs.

2.      Entrepreneur Pathway: For founders and leaders of innovative, scalable  businesses. Applicants must have a proven entrepreneurial track record and ventures with high growth potential that will benefit NSW’s innovation ecosystem.

3.      Innovative Investor Pathway: For individuals with a history of supporting early-stage ventures through capital and expertise. The applicant must demonstrate a history oof providing substantial “angel” investment in innovative ventures.

4.      Sports Professional Pathway: For elite athletes, coaches, and sport specialists with international or national recognition.

Applicants who are athletes must show exceptional achievements at the highest levels (national or international). Coaches and specialists must provide evidence of outstanding success and significant impact within elite sport.

5.      Creative Professional Pathway: For artists and cultural leaders with national or international acclaim. Applicants must demonstrate exceptional talent and artistic distinction in fields such as music, film, literature, design, visual arts, or digital media.

 

South Australia (SA) Eligibility Criteria

The SA nomination framework has introduced five broad nomination categories under its framework, focused on driving innovation and economic growth within the State.

Key eligibility criteria for each category include:

1.      Global Researchers and Thought Leaders: For intellects with achievements that include receiving a national research grant recognized IP or a PhD thesis with high levels of academic influence.

2.      Entrepreneurs: For applicants who can demonstrate their entrepreneurial activities will lead to commercialization of a product in SA or the development of a business that will significantly add value to the local economy.

3.      Innovative Investors: For investors who can demonstrate an established track record of supporting successful innovative ventures or leading internationally reputed companies to their IPO.

4.      Creative Talent: For applicants with significant achievements in their creative field.

5.      Other Globally Talented Individuals: All other applicants who do not fit the above criteria will be assessed on a case by-case basis.

If you believe you may qualify under any of these categories or want advice on preparing a strong Expression of Interest, please get in touch with our team. We can guide you through the nomination and visa application process.

The post National Innovation Visa – NSW and South Australia Release Eligibility Criteria first appeared on Ajuria Lawyers – Leaders in Immigration.

We’re thrilled to share that Ajuria Lawyers has been named Best Immigration Law Firm of the Yearin Australia by BestLawFirms.com. This national award recognises excellence in legal expertise, client service and impact — and we’re honoured to stand out as a specialist firm in a field typically dominated by large, multi-disciplinary and multinational practices.
We’ve always believed that focus matters — and this year, we’ve doubled down on that belief. With Lillian Ajuria, Ron Kessels and Karen Lo already individually recognised as leading immigration lawyers, this firm-wide award is a huge moment for our whole team.
Even better, it comes as we welcome two exceptional lawyers to our partnership Humairaa Haque and Stephanie Nikolovski, both widely respected immigration experts with deep industry experience and a shared commitment to client-focused solutions.
In a year of major visa reform and policy change, we’ve remained focused on delivering:

• Strategic guidance on employer-sponsored visas and compliance
• Clear advice in an increasingly complex policy environment
• Partnership-first support for HR, global mobility, and legal teams

Thank you to our clients and partners — your trust and collaboration make achievements like this possible. We look forward to continuing to support you through what’s next.

We also take this opportunity to congratulate all of the other winning firms.

 

The Ajuria Lawyers BEST Team

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The re-election of the Albanese Labor Government will allow it to continue its proposed overhaul of Australia’s migration system, tighter compliance controls, and a workplace policy agenda shaped by strong union influence.

 

Migration and Industrial Relations to align 

The Government’s Ten-Year Migration Strategy was released in December 2023. Unless there is a change in direction, the strategy will mean a continued shift away from volume-based migration and toward a more targeted, skills-based system. The focus will be on reducing the Net Overseas Migration number and enhanced protections and flexibility for visa holders.
Labor’s close alignment with the union movement continues to influence both workplace and migration policy. A Government-funded $13.25 million program for unions and community groups to educate migrant workers on their workplace rights will come into effect. The initiative seeks to combat worker exploitation among temporary visa holders by providing “information and education to temporary migrant workers and their employers about migration-related rights and obligations in the workplace”.

 

What we are likely to see over the next three years: 

• Core Skills Income Threshold will continue to be indexed annually and will increase to $76,515from 1 July 2025.
• Labour Market Testing is set to continue and could even be increased if unemployment rises during the next three years.
• Annual Net Overseas Migration will be reduced to 250,000 by mid-2025. NOM is the difference between the number of people arriving in Australia to live long-term and those leaving Australia to live overseas, over a given period.
• Continued focus on mobility will mean that skilled workers will have more flexibility to move between employers and have independent pathways to permanent residence.
• Industry based Labour Agreements for lower paid workers in sectors suffering severe labour shortages. These will be made with union involvement.
• Increased importance of internation agreements and co-operation including strengthening Indo-Pacific engagement through schemes such as the Pacific Island visa stream.
• Use of technology to help handle the volume of applications and improve processing efficiencies.
• Stronger integrity measures in international education, including caps on student enrolments and higher English requirements.
• More tailored regional visas 
• Higher visa fees (e.g. for international students) and tougher scrutiny for “high-risk” applications

These changes signal more enforcement, more regulation, and a stronger emphasis on wages, equity, and permanent pathways.

 

We’re here to help

Ajuria Lawyers will continue to monitor all changes as they unfold — including legislative amendments and Departmental implementation. We are working closely with clients to ensure migration strategies remain effective, compliant, and commercially aligned in this new policy environment.
For advice or assistance, please reach out to your usual Ajuria contact or email us at info@ajurialawyers.com.

The post What Labor’s Re-Election Means for Immigration first appeared on Ajuria Lawyers – Leaders in Immigration.

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Employers in regional areas are able to access some additional visa pathways for their employees. Generally, these are not preferred by employers and employees because additional eligibility criteria can add costs and delays to the pre-lodgment process and employees are restricted to working only in a regional area. However, these visas can provide a solution where a 482 visa might not be available and so are worth keeping as an option in the right case.

 

What is considered regional ?

The Australian Government defines “regional” as any postcode outside Sydney, Melbourne, and Brisbane. It divides Australia into 3 categories.

Both Category 2 and 3 qualify for regional visas – 491, 494 and 191, and Category 3 often enjoys extra incentives like more skilled migration points and faster processing.

In addition, Designated Area Migration Agreements cover specific category 2 and 3 areas that can include multiple regional centres and cities.

Regional visa types – key features 

There are specific visa types for regional Australia. They are only for people who will live and work in regional Australia.

Employers must have operations in the regions to be able to sponsor 494 visas.

482 visas are also available under a special Labour Agreement Stream known as Designated Area Migration Agreements. These are regionally negotiated Labour Agreements ‘owned’ by the local region and designed to help those regions attract workers in occupations with labour shortages either because of the location or because of a major infrastructure project draining local talent.

 

Quick comparison of regional to 482 visas 

In most cases 482 visas are preferred by our clients because they are a well-known path. They are generally the most suitable option given the needs of both the employer and employee. However, regional visas can provide some benefits over 482 visas and can be the most suitable option in some cases where a 482 is not available or not preferred.

 

Conditions on regional visa holders (and employers)                                                                                                                                                                

The usual sponsorship obligations apply to the 494 visa.

In addition, businesses must be lawfully operating in a designated regional area of Australia to be eligible to sponsor under this visa. ​

Visa holders are required to live, work, and study exclusively in designated regional areas for the duration of the visa, which is up to five years. Regional visa holders may live and work outside of a regional area for
•    holidays
•    work-related travel
•    work-related training

Visa holders must advise the Department within 14 days of any changes to the personal information or circumstances.

 

Relocating 

The Department understand that it may take a little time for someone to relocate to regional Austalia. Under policy the Department states:

• If the person is already living and working in Australia (not in a regional area) then it is intended to allow a reasonable amount of time for the visa holder to move to a regional area. This will depend on individual circumstances, noting that it may take a number of months for a family to relocate.
• Persons granted a Subclass 491 or Subclass 494 visa while residing outside Australia have more opportunity to make arrangements between being granted their visa and arriving in Australia. While remaining flexible in relation to individual circumstances, it would generally be reasonable to expect that they would establish living arrangements in a regional area within a month of arrival.

 

If you are interested in learning more about regional visa options, just contact your Ajuria team or email info@ajurialawyers.com

The post Regional Visa Options first appeared on Ajuria Lawyers – Leaders in Immigration.

As an employer, it’s important to understand the key differences between Australian permanent residency and citizenship, particularly when it comes to employee travel rights and visa obligations.

 

Resident Return Visas (RRVs)

Permanent residency allows individuals to live and work in Australia indefinitely, but the travel facility tied to their visa is only valid for 5 years. After this period, if they have not been approved for citizenship yet, then to travel internationally, they will require a Resident Return Visa (RRV) to lawfully re-enter Australia as a permanent resident.

Employees intending to apply for permanent residence should seek advice about any tax implications for them.

 

What Employers Should Know:

• Employees with permanent residency do not require ongoing sponsorship and have full work rights.
• However, if they plan to travel overseas after the 5-year visa period, they must hold a valid RRV to re-enter Australia.
• RRVs do not impact employment eligibility, but failure to obtain one can prevent re-entry, delaying return to work.

 

RRV Eligibility at a Glance:

• 5-Year RRV: If the individual has lived in Australia for 2 out of the past 5 years as a permanent resident or citizen. The 2 years are calculated accumulatively and do not need to be consecutive.
• 1-Year RRV: If they have strong personal, employment, or business ties of benefit to Australia but don’t meet the 2-year residence rule.
• 3-Month RRV: In limited cases, for those who need to travel urgently and meet certain compassionate or compelling criteria.

 

Australian Citizenship

Australian citizenship provides the highest level of certainty for both employees and employers. It removes the need for travel-related visas entirely and unlocks full civic and legal rights.

Anyone considering applying for citizenship should seek advice about the impact on any other nationalities that they hold.

 

Citizenship Benefits for Employers:

• No visa management or travel risks – citizens can leave and return to Australia freely.
• Unrestricted work rights – no sponsorship or immigration monitoring required.
• Access to roles restricted to citizens – such as some government or defence positions.

 

Key Citizenship Eligibility Requirements:

• Must have been lawfully resident in Australia for 4 years, including:
  • At least 12 months as a permanent resident.
  • No more than 12 months in those 4 years spent overseas.
  • No more than 90 days in total in the final year spent overseas.
• Must be of good character.
• Must pass a citizenship test.
• Must intend to remain in Australia or maintain close ties.

 

Recommendations for Employers:

• Check travel plans of permanent resident staff and ensure they are aware of RRV requirements or promote information about this.
• Encourage long-term employees to consider citizenship if eligible, to avoid re-entry risks.
• Keep internal HR systems updated with visa expiry and travel facility dates, where appropriate.

 

Temporary vs Permanent Residence vs Citizenship

Feature	Temporary Visa holder	Permanent Resident	Citizen
Right to stay in Australia	Limited to visa	Indefinite	Indefinite
Australian passport eligibility	No	No	Yes
Voting rights	No	No	Yes (compulsory)
Consular support overseas	No	No	Yes
Work rights	Limited to visa	Full work rights	Full work rights
Access to government jobs	Some restricted	Some restricted	Full access
Purchase of property	Restricted  Stamp duty may be higher	Unrestricted	Unrestricted
International travel	Limited to visa	Needs Resident Return Visa (RRV)	Unlimited
Access to Medicare	Sometimes generally need insurance	Yes	Yes
Centrelink/social security	No	Limited (subject to criteria)	Full access
HECS-HELP for university	No	Sometimes eligible	Always eligible
Public school fees	Depends on state	No	No
Military/jury duty	No	Not required	May be required
Deportation risk	For breach of visa conditions or crimes	Possible for serious crimes	Protected
Dual nationality	NA	NA	Allowed
Children born in Australia	Same visa as parents	Citizens if born in Australia (not if born overseas)	Automatically citizens

 

For further advice or assistance with RRVs, citizenship applications, or managing permanent residency in your workforce, please contact your Ajuria team or partner.

 

The post Understanding Resident Return Visas and Australian Citizenship first appeared on Ajuria Lawyers – Leaders in Immigration.

There was so much interest in our last webinar on this topic that we have decided to run a follow-up 90 minute workshop that will allow us to discuss this topic in more detail and with practical examples.

The workshop will focus on those roles with earnings close to the Core Skills Income Threshold ($76,515 from 1 July 2025) and will look at examples including:

• Australian equivalent workers
• Awards and how they impact market salary
• ‘Annualised’ salaries and additional hours
• Rosters
• Existing visa holders and what happens when the market salary or the SCIT increases

 

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The post Key Insights from Day 1: 2025 Immigration Law Conference first appeared on Ajuria Lawyers – Leaders in Immigration.

Thank you for your interest in our webinar Earnings & Market Rates for Sponsored Visa Holders hosted in March. We had over 250 attendees and a lot of interest and questions.

There was so much interest, in fact, that we have decided to run a follow-up workshop that will allow us to discuss this topic in more detail and with practical examples.The same panel will be there to answer your questions and provide valuable insights.

If you would like to attend, please register your interest to hold a spot.

The Panel

The post Webinar Workshop: Earnings & Market Rates for Sponsored Visa Holders first appeared on Ajuria Lawyers – Leaders in Immigration.

The post Webinar Recording – Understanding Earnings & Market Rates for Sponsored Visa Holders first appeared on Ajuria Lawyers – Leaders in Immigration.