Friday, 12 May 2017


Issue #1 May



Budget 2017-18




FAQs regarding Temporary Work (Skilled) visa (subclass 457) reforms


Want to sponsor your parents from overseas? A new 5 year visa for parents will allow you to do that


2017 - 2018 Skilled migration intake announced


Available Jobs in Australia


2017-18 Federal Budget - IMMIGRATION EDITION

On 9th May 2017 the Coalition Government delivered the Budget. This has provided some interesting insight in relation to Australia's immigration programme for the year ahead. Below is a key point summary of the Budget:

Job Cuts at the Department of Immigration and Border Protection:

Evident restructure within Government departments was seen across all sectors. Around 245 positions will go from Immigration and Border Protection, explained through "net movements in measures and operational pressures". This could mean further delay in visa application processing times. Current 457 visas take around 59 days to be processed with approximately 90% of cases processed in 6 months.

Visa Application Fees:

Visa application fees will increase on 1 July 2017. Increase is being determined at slightly above the CPI level with rounding to the nearest $5.

A visitor visa (Subclass 600) will now cost $140. A subclass 457 visa will cost $1080 (single applicant).

Permanent residence applications such as subclass 186 will be $3670 (single applicant).

The student visa fee for the primary applicant will rise $10 and cost $560 instead of $550. An adult dependent applicant will have to fork out $420 after 1 July 2017, up from $410.

Partner visa fee is also rising from $6,865 to $7,000.

TSS Visa will cost anywhere between $1150 to $2400 depending on the stream applied for.

Full pricing table can be found here: Visa Price Increase Fact Sheet.

Training Benchmarks:

From March 2018, businesses with turnover of less than $10 million a year that employ foreign workers on the new TSS visas will be required to make an upfront payment of $1200 annually. In terms of permanent visas, subclass 186 and 187 visas will require $3000 one-off payment.

Where a business makes a turnover of more than $10 million a year, the levy is $1800 per annum. In terms of permanent visas, subclass 186 and 187 visas will require $5000 one-off payment. This levy will replace traditional Training Benchmark A and B where a standard business can choose to contribute a figure equating to 2% of payroll to an industry training fund or spend 1% of payroll in training staff who are Australian or hold permanent residency.

Performance Criteria:

DIBP will be required to finalise 85% of all applications within the advertised processing timeframe.

Stronger Rules for foreign Investors:

Foreign investment applicants should be aware of the following changes announced in the 2017-18 Budget:

  • The introduction of an annual vacancy charge on foreign owners of residential real estate.
  • The introduction of a 50 per cent cap on the total amount of dwellings a developer can sell to foreign persons under a New Dwelling Exemption Certificate. This will be applied as a condition on applications submitted after the effective date.
Click here for 20 Minutes Free Consultation

FAQs regarding Temporary Work (Skilled) visa (subclass 457) reforms

Frequently asked questions about 457 visa reforms

19 April 2017 changes

Q1. What has already changed?

A. As of 19 April 2017:

  • the Consolidated Sponsored Occupation List (CSOL) has been replaced with the new Short-term Skilled Occupation List (STSOL);
  • the Skilled Occupation List (SOL) has been replaced with the new Medium and Long-term Strategic Skills List (MLTSSL);
  • there has been a reduction of 216 occupations available for subclass 457 visa programme applications;
  • 59 caveats now apply to specified occupations - these either relate to work experience, regional location or are occupation specific; and
  • new visa validity periods also apply under the standard subclass 457 programme with a maximum 2 year period available for occupations that are eligible for the subclass 457 programme but not on the new MLTSSL.

Q2. Can people still apply for subclass 457 visas?

A. Yes. The subclass 457 programme remains open until the new TSS visa comes into effect in March 2018. The occupation list has been restricted (19 April 2017) and integrity settings will be further tightened.

Q3. Where can I find a list of removed occupations?

A. This is available on the Department's website.

Q4. Why were occupations removed?

A. They were removed due to a wide range of factors including: immigration integrity concerns, low usage over the last five years, being reserved for Australian citizens (e.g. magistrate) and based on advice from the Department of Employment.

Q5. Where can I find information about the caveats?

A. This is available on the Department's website. Agents have also been provided with interim guidelines on these caveats until the 457 Nominations Procedural Instructions (PI) are updated for 1 July 2017. We will continue to expand this advice in the future based on feedback from agents and staff.

Note: Additional FAQs specifically on caveats is also provided below.

Q6. Do the above changes have any impacts on existing subclass 457 visa holders?

A. No - unless they wish to change employers or positions, in which case a new nomination will need to be approved under the new arrangements.


  • This will include situations where due to business structure changes, an employer is required to lodge a new sponsorship application and is required to lodge new nomination applications to accommodate existing subclass 457 visa holders (unless they continue to work for an associated entity of an Australian sponsor).
  • A new nomination approval for an occupation listed on the STSOL will not result in reduction of the visa period already held by the visa holder.

Q7. My client has a pending application where the occupation has been removed from the list - what happens now?

A. Once the application has reached the assessment stage, you will be contacted by the Department and given the opportunity to withdraw your application in writing. The letter will specify a period for required response (i.e. 14 days for nomination applications and 28 days for visa applications).

Alternatively, you can request a withdrawal in writing at any time and your client will then be entitled to a refund of the application fee. If you do not withdraw your application, it will be refused.


  • If seeking to withdraw a visa application, we ask that you complete and attach Form 1446 to ImmiAccount where possible to facilitate faster processing.
  • If seeking to withdraw a nomination application, we ask that you attach a written request to this effect to ImmiAccount where possible to facilitate faster processing.
  • Once a withdrawal has been actioned, the process to facilitate a refund will be initiated. Applications which do not meet the requirements and are not withdrawn within the prescribed timeframes will be refused. No refund will be provided in such circumstances.

Q8. What about situations where my client has a pending application but a caveat now applies?

A. Once the application has reached the assessment stage, an officer will assess whether or not the caveat applies. If it does, the same withdrawal and refund options as noted above (Q7) will be made available to the client - as the occupation is no longer 'on the list' in the circumstances specified.

Note: where a caveat may apply, but the nomination has already been approved and it is only the visa application that is outstanding, the Department will assess caveats for visa applicants based on information already available on Departmental systems. We will not seek further information if there is no clear indication that a caveat applies.

Q9. Can I get a refund for an approved nomination if a related visa application now cannot be approved?

A. Yes, if, a subclass 457 visa application is unable to be granted where the approved nomination is for an occupation that has been removed from the list, the sponsoring business can request that the nomination be withdrawn and request a refund of the nomination fee.


  • If seeking to withdraw your approved nomination, we ask that you utilise Form 1446 where possible to facilitate faster processing. The completed form should be emailed through to
  • Once a withdrawal has been actioned, the process to facilitate a refund will be initiated.

Q10. Can I get a refund of my sponsorship fee if my sponsorship application has been lodged and/or approved but I no longer wish to use the subclass 457 programme due to the changes in occupation lists?

A. No - a refund is not available under the legislative framework.

Q11. Can I change the nominated occupation?

A. No - but you can withdraw and lodge a new nomination with a new occupation specified for the nominee. This may, however, raise concerns about the genuineness of the position - particularly if the new occupation is substantially different.

Q12. Can I change the nominated base salary for a position post lodgement of the nomination?

A. Yes - you can provide updated information to the Department via ImmiAccount, but you must also provide an updated contract of employment reflecting the new salary rate. This may, however, raise concerns about the genuineness of the position and whether the local labour market has been effectively tested.

Q13. What is the impact of 19 April 2017 changes on the subsequent dependant applications?

A. Nil - if the primary visa application has been granted, then subsequent dependant applicants can still be granted for the same period as the primary (subject to any 457 MOFU extension restrictions).

Q14. Do the changes impact cases that have a review application pending?

A. Yes - the AAT must make a decision based on the current framework - i.e. they are required to take into account recent occupation removals and caveats.

Q15. Will the reforms affect visa processing times?

A. Processing times are expected to slow down in the short term as staff become familiar with the new arrangements. Additional concurrent measures are, however, being considered for 1 July 2017 to streamline processing for lower risk sponsors - including possible further expansion of 457 accredited sponsor arrangements.

Applying the caveats

Q16. What are caveats?

A. Occupational caveats are additional requirements for certain occupations to demonstrate that the position you have nominated is appropriate for a skilled visa programme.

Caveats do not prevent lodgement of all applications for that particular occupation. They limit use of the occupation in certain circumstances.

These caveats will be subject to regular review and may be added, altered or removed in future.

Q17. Where the caveat requires a business to have a turnover of at least $1M, what is the period in which $1M turnover is considered?

A. From 1 July 2017, the subclass 457 nomination form will collect information regarding the turnover of the business for the last financial year, which will be used to determine whether or not this caveat applies.

Up until this time, the Department will use existing information available on our systems if they indicate that this element of a caveat is met. Where such information is not available in Departmental systems, additional information will be sought from the sponsoring company. If this occurs, it is recommended that agents provide financial information to cover the last financial year. Independently verifiable information should be provided where possible.

Q18. Can the $1M include turnover from related entities?

A. No - this relates to the sponsoring business only.

Q19. Can the $1M turnover figure include GST?

A. No.

Q20. Will occupational caveats apply to businesses that have traded for less than 12 months? If so, will projected turnover suffice where relevant?

A. Yes - they apply. In general, projected turnover will not suffice. As above, the turnover needs to be at least $1M for the last financial year. However, the Department will consider exceptional circumstances on a case by case basis.

Q21. Where the caveat requires a business to have a minimum of five employees, are there any restrictions on the type of employee (e.g. do they have to be full time, Australian)?

A. No - not at this stage. If the business declares that they have five employees and this is consistent with other information provided (e.g. structure chart for business etc.), then this will be accepted unless the Department has concerns that this is not the case. From 1 July 2017, the subclass 457 nomination form will ask companies to declare their total number of employees and how many are Australian/overseas workers, as per the current subclass 457 sponsorship form.

Q22. Where the caveats require at least two years of work experience, what does this mean?

A. This means that a successful candidate for the nominated position would be expected to have completed at least two years full time (as per the industry standard) work experience in the relevant occupation post qualification.

The Department recognises that work experience may take different forms for different occupations. For example, relevant experience for a University lecturer could include conducting research in a particular field of knowledge and/or teaching experience.

Additional permanent visa questions

Q23. Is the Regional Sponsored Migration Scheme impacted by the 19 April 2017 changes?

A. No - this is because you can nominate any occupation that is ANZSCO skill level 1 to 3 for this programme (i.e. you are not restricted to the MLTSSL and the STSOL at this stage).

Q24. How do the above changes impact other permanent visa programmes?

A. The above changes do not impact on hand ('pipeline') applications for other skilled permanent visa programmes.

The removal of occupations from the list will, however, impact clients who lodge an application for one of the following on or after 19 April 2017:

  • Employer Nominated Scheme (subclass 186) - Direct Entry Stream
  • Skilled Nominated visa (subclass 190)
  • Skilled Regional (Provisional) visa (subclass 489)

That is, any applications already lodged before 19 April 2017 for the above visa subclasses (other than a 457 visa) will not be impacted (even if the occupation was removed for these visas on 19 April 2017).

Q25. Do the caveats impact permanent visa applications?

A. No - the new caveats only impact subclass 457 applications. Caveats existing prior to 19 April 2017 that impacted other visas remain unchanged.

Q26. Can you still apply for ENS if your occupation is on the STSOL but not the MTSSL?

A. Yes - currently, if your occupation is on the STSOL or an eligible occupation on the MLTSSL you can apply for the ENS Direct Entry stream.

Current holders of subclass 457 visas continue to be eligible to apply for permanent residency through the Temporary Residence Transition (TRT) stream of the ENS visa. Access to the TRT stream is not based on the occupation lists and is therefore unaffected by these changes.

Other temporary visa questions

Q27. Do the above changes impact on hand ('pipeline') applications for other temporary visa programmes that utilise the MLTSSL and/or the STSOL?

A. The above changes do not impact on hand ('pipeline') applications for other temporary visa programmes that utilise the MLTSSL and/or the STSOL. The removal of occupations from the list will, however, impact clients who lodge an application on or after 19 April 2017 for the Training visa (subclass 407).

1 July 2017 changes

Q28. What reforms are being implemented on 1 July 2017?

A. Key reforms that will be implemented from July 2017 for subclass 457 visas include:

  • expanding mandatory skills assessments;
  • introducing mandatory penal clearance checks consistent with other visas;
  • tightening existing training benchmarks; and
  • removing English language exemptions based on a skilled migrant's salary (e.g. if their salary is higher than $96,400).

Q29. Will there be further changes to the occupation lists for 1 July 2017?

A. Yes - it is expected that the occupation lists will be regularly updated, based on a range of factors including advice from the Department of Employment and the Department of Education and Training.

Q30. Why are mandatory skills assessment requirements being expanded?

A. The skills assessment requirements are being considered for expansion to cover a small number of new cohorts of concern. For example, where particular combinations of occupation and nationality have been identified as an integrity risk.

Q31. What nationalities/occupations will be impacted?

A. A final decision has not been made in this space. Registered migration agents will be informed of the specific changes proposed via an agents newsletter prior to 1 July 2017.

Q32. What changes are being made to character requirements and why?

A. As of 1 July 2017, all subclass 457 applicants aged 17 years or older will be required to provide penal clearance certificates for countries in which they have lived for a significant period. This measure will strengthen current character and integrity measures and will bring subclass 457 visas into line with other longer stay temporary visa products.

Q33. What changes are being made to the training benchmarks?

A. Policy settings for training benchmark requirements are being clarified and tightened, by setting out:

  • the types of training funds eligible for training benchmark A; and
  • setting out the types of expenditure on training that are acceptable for training benchmark B.

The Department also intends to provide agents with additional guidelines around documentation required to demonstrate that an applicant has met the relevant training benchmarks via a later edition of this newsletter.

Additional permanent visa questions

Q34. What reforms will be implemented on 1 July 2017 for ENS and RSMS?

A. On 1 July 2017, the additional changes below will be implemented for ENS and RSMS:

  • raising English language requirements to "competent" for all applicants (IELTS 6) - with TRT and Direct Entry requirements to be consistent;
  • upper age limit of 45 for Direct Entry applicants;
  • 3 years skill and experience for Direct Entry applicants; and
  • further changes to the occupations lists and their application to relevant visas.

March 2018 changes

Q35. What is the Temporary Skill Shortage (TSS) visa?

A. The new TSS visa will replace the 457 visa. It will have two distinct streams: a Short-term stream of up to two years and a Medium-term stream of up to four years.

Q36. How much will the TSS visa cost?

A. There will be different Visa Application Charges (VAC) for the TSS visa. The base VAC for:

  • the Short-term stream is $1150; and
  • the Medium-term stream is $2400.

Q37. What are the changes to the English language requirements?

A. The English requirements for the Short-term stream of the new TSS visa will be the same as the current 457 visa, with a minimum IELTS result (or equivalent) of 4.5 in each test component required, and an overall score of 5.

There will be a higher standard required for the Medium-term stream with a score of 5 required in each test component.

Q38. Will holders of the TSS visa have a pathway to become Australian permanent residents?

A. Yes - under the Medium-term stream only.

Q39. Will the Temporary Income Skilled Migration Threshold (TSMIT) be indexed?

A. No - in considering options for the abolition of the subclass 457 visa and its replacement with a new TSS visa, the Government decided not to index the TSMIT at this time.

Q40. What will change in terms of labour market testing?

A. Labour market testing will be a mandatory requirement for the TSS visa, unless international trade obligations apply.

Q41. How will the TSS visa require employers to assist with training Australian workers?

A. The TSS visa will require employers nominating skilled overseas workers to contribute to training Australian workers. Details of the revised training requirement will be provided in a subsequent edition of this newsletter.

Additional permanent visa questions

Q42. What reforms will be implemented for ENS and RSMS in March 2018?

A. From March 2018, new eligibility criteria for ENS and RSMS will include:

  • an upper age limit of 45 (from 50) for most applicants;
  • occupation must be on the MLTSSL (unless an additional occupation approved for regional areas);
  • a minimum market rate salary: all visa holders must earn at least a minimum salary of $53,900 - that is the TSMIT;
  • at least three years' relevant work experience; and
  • a pathway to permanent residence through TRT requires 3 years on Medium-term TSS visa. More information will be provided about these changes to registered migration agents closer to 2018.

Q43. What transitional or 'grandfathering' arrangements will be in place for those who already hold a subclass 457 visa before March 2018?

A. More information concerning the legislative details of future changes will be available closer to their implementation date. This will include information about transitional arrangements for visa applicants and visa holders.

Labour agreements

Q. Do these changes have any impact on labour agreements?

A. No - the subclass 457 visa abolition and replacement changes have no immediate impact on the labour agreement programme with:

  • existing labour agreements remaining in effect;
  • existing visa holders not impacted unless they apply for another visa impacted by the changes outside of the labour agreement programme; or
  • new nominations that labour agreement sponsors intend to lodge and related visa applications are not impacted - including applications for occupations which are specified in the relevant labour agreement, but have were 'removed' from the standard programme on 19 April 2017.

The Department will amend all existing labour agreements at some time prior to March 2018 to reflect the abolition of the subclass 457 visa - with no further applications for subclass 457s accepted after the introduction of the TSS visa in March 2018.

Q. Will the Designated Area Migration Agreement (DAMA) remain in place?

A. The DAMA with the Northern Territory will remain in place.

Q. Has anything else changed in the labour agreement programme?

A.The Department continues to review labour agreement arrangements to ensure that:

  • they reflect current economic and employment conditions
  • the local labour market is not undercut
  • Australian workers are given priority.

The Department will be updating its labour agreement information pack to reflect this shortly. Further changes will also be made to the labour agreement request proforma to ensure that the Department obtains more comprehensive information 'upfront' to help streamline the request process.


Want to sponsor your parents from overseas? A new 5 year visa for parents will allow you to do that

Five year temporary parent visa

On Friday 5 May 2017, the Government confirmed that, subject to the passage of relevant legislation, the temporary sponsored parent visa will be introduced during the 2017-18 Migration Programme year.


The temporary sponsored parent visa is designed to allow the parents of Australians to spend longer periods of time with their children in Australia without placing additional burden on Australia's health care system.

Commencement date

The introduction of the temporary sponsored parent visa is subject to passage of the Migration Amendment (Family Violence and other Measures) Bill 2016 (the Bill) through Parliament. The Bill is currently before the Senate and if it passes in the Winter sittings the new visa will be introduced in late 2017.

Frequently asked questions

What is the temporary sponsored parent visa?

The new visa will allow Australians to sponsor their parents to stay in Australia for up to five years at a time.

This new visa arrangement does not replace the existing Parent category visas.

The new visa provides an important cultural link for children of Australian migrants, while recognising the social benefits afforded through parent reunification, such as assistance with minding of grandchildren.

Additionally, this visa seeks to address long-standing community concerns about wait times under existing parent visa arrangements.

Who is eligible to apply for a temporary sponsored parent visa?

This new visa arrangement is for parents (biological or adoptive) and step-parents of Australian citizens, Australian permanent residents and eligible New Zealand Citizens.

A step-parent can only apply if they are still in a married/de facto relationship with a biological parent of the sponsoring Australian child.

Only one set of parents per household (that is maximum two people) can be sponsored for this visa at a time.

What requirements must a parent meet to be granted a temporary sponsored parent visa?

The Balance of Family test does not apply to this new visa.

To be granted a temporary sponsored parent visa, a person must satisfy a number of requirements, including:

  • having their Australian child approved as a sponsor
  • meet identity, health and character requirements
  • not having an outstanding public health debt in Australia.

They will also be required to hold, and maintain, health insurance, from an Australian provider, valid for their intended period of stay in Australia.

How can I apply for this visa?

Implementation of this new arrangement is subject to passage of the Migration Amendment (Family Violence and Other Measures) Bill 2016 through Parliament.

The Bill is currently before the Senate and, if it passes in the Winter sittings, the new visa will be introduced in late 2017.

How will the temporary sponsored parent visa differ from existing parent visa arrangements?

Under this new visa arrangement:

  • the sponsorship and visa applications will be assessed separately
  • a person must be approved as a sponsor before a visa application can be made
  • prospective sponsors and visa applicants will be subject to a number of assessable criteria which must be met before an application can be approved, or granted.

Further information will be published when it becomes available.

What fees and charges will be applicable to this new visa? What will the 'bond' be set at?

The visa application charge for:

  • a five year visa will be AUD10,000
  • a three year visa will be AUD5,000.

There will be no financial bond for this visa.

How long will a temporary sponsored parent visa be valid for, and how many times will I be able to apply?

Once granted, the visa will be valid for either three or five years.

You can apply for, and be granted, this visa more than once but the maximum stay is 10 years in total.

Will there be an English language requirement?

No. There is no English language requirement.

Will holders of this visa be able to work, or study?

A parent(s) cannot work on this visa. They may, however, assist with family childcare or undertake incidental, unpaid volunteer activities.

Yes. They will be able to undertake short term, informal study on this visa. If they wish to study a formal full-time course, they will need to apply for a Student Visa.

I want to sponsor my parents. How do I make a sponsorship application?

Applications for this new visa will be available online, through ImmiAccount. There will be no paper applications supporting this new visa.

Details on how to apply for this visa will be available on our website closer to the commencement of this visa.

What requirements must a sponsor meet?

A sponsor for a temporary sponsored parent visa must meet requirements specified in Migration Regulations in order for their sponsorship to be approved. These will include that the sponsor must:

  • be a biological, adoptive, or a step-child of their parent
  • provide valid evidence of their identity
  • be an Australian citizen, Australian permanent resident or eligible New Zealand citizen
  • be 18 years or older
  • have lived in Australia for at least four years
  • meet a household income requirement
  • meet character requirements
  • accept legal liability for any outstanding public health debt their sponsored parent accrues.

Sponsors must also agree to undertake certain obligations in relation to those they are sponsoring.

When will the details of these requirements be available?

More information about sponsorship requirements and how to apply will be made available on our website closer to the commencement of this visa.

Will temporary residents be able to sponsor their parents?

No. Sponsorship eligibility will be limited to Australian citizens, Australian permanent residents and eligible New Zealand citizens.

Click here for 20 Minutes Free Consultation

2017 - 2018 Skilled migration ceiling announced

skilled migration intake for 2017-18

Australia's permanent migration programme for 2017-18 will remain at a ceiling of 190,000 places.

This was announced by Department of Immigration and Border Protection Minister Peter Dutton on budget day.

After recent announcements of abolishing the 457 visas and strengthening the requirement to gain Australia's citizenship, all eyes were on government to see if the skilled migrant intake would be reduced or would it be maintained.

Debate on migration intake was reignited in late 2016 when Labor and Coalition debated the 'Australians First' policy and brought back focus on 457 visa.

Migrant intake was also one of the core election issues in the West Australian state elections.

Even former Prime Minister Tony Abbott opined that reducing migrant intake could solve the problem of housing crisis in Australia.

Immigration amounts to approximately 55 per cent of Australia's population growth annually and "High rates of immigration put upward pressure on land and housing prices in Australia's largest cities," a 2016 Productivity Commission report into the migration intake said.

On April 18th, government abolished the popular 457 visa which allowed businesses in Australia to bring in foreign workers and replaced it with two skill shortage visas, a two-year short term visa with no pathway to permanent residency and a four-year medium term visa with a pathway to permanent residency.

Applicants wishing to come to Australia on work visa from March 2018 will have to nominate an occupation on the occupations list. Along with abolishing the 457 visa, government also removed 200 occupations from the occupations list.

Combined STSTOL and MLTSSL can be accessed here.

However, despite a huge rejig with work visa programs, the government has decided not to cut the migrant intake for 2017-18.


Available Jobs in Australia

Jobs in Australia

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Office Manager

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The successful candidate will possess:

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  • Strong administrative skills including record keeping and note taking


Specialising in all cutting styles, our client is in need of an experienced Hairdresser who is capable of providing services to all age groups. Our client’s concept is simple and clean and is ladies only cutting salon. The ideal candidate must possess the ability to cut all hair styles and be extremely confident in all aspects of hair.

The ideal candidate will possess:

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Medical Administrator

To be successful in this role, you will have:

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We hope that you have found the information in this issue of our newsletter to be enriching and useful. Stay tuned for our next publication and if you would like to talk to us directly, please do not hesitate to email In addition, if you would like your contact details updated or removed from this distribution list or you know someone who would like to be added, please email us on the same address.

"The only limits to being the person you truly want to be are your own self-limiting beliefs and thoughts. In every moment, you have the power to choose your life"


No Borders Group

Phone: (+61) 07 3876 4000


NO BORDERS Universal Migration
Level 4, 20 Park Road
Milton, Brisbane - 4064