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Cook, Hairdresser, Customer Service Manager and Database Administrator are some of the 18 occupations added to SA State Occupation List today

 

Immigration SA has added 18 new occupations t the State Occupation list including some very common occupations – Cook, Hairdresser, Customer Service Manager and Database Administrator.

This is a major change and provides opportunities for persons all over Australia and from overseas as well.

Please see the full text of the Immigration SA news release below:

 

“The South Australian Government, in collaboration with local industry, regularly conducts research to identify skill needs in the local labour market.

Immigration SA is the State Government agency responsible for international migration to South Australia.  We offer pathways to permanent residency for skilled migrants who have occupations that are in-demand.

South Australia’s occupation lists are live.  Any changes made to the lists are visible immediately, enabling you to see which occupations are currently available for state nomination.

The table below details eighteen new occupations added to the State Occupation list.

ANSZCO code

Occupations

132111

Corporate Services Manager

134211

Medical Administrator

134299

Health and Welfare Services Managers, nec

149212

Customer Service Manager

149915

Equipment Hire Manager

222311

Financial Investment Adviser

223211

ICT Trainer

224611

Librarian

262111

Database Administrator

271214

Intellectual Property Lawyer

311215

Pharmacy Technician

351411

Cook 

361211

Shearer

391111

Hairdresser

399212

Gas or Petroleum Operator

399918

Fire Protection Equipment Technician

411311

Diversional Therapist

451815

First Aid Trainer

The new occupation lists

There are now two state nomination occupation list for South Australia:  the State Occupation list and the South Australian Graduate list.  

  • Occupations on the State Occupation list are available to all applicants including South Australian international graduates.
  • The South Australian Graduate list, previously known as the off list, is for graduates who have completed a Bachelor degree or higher in South Australia.
  • The subscription functionality enables you to stay up to date with changes to the occupation lists and the news and events page as changes occur.
  • The details of the relevant skills assessment authority for each occupation is now included in the lists.

Remember, to be eligible for state nomination applicants must have a positive skills assessment from the relevant authority for their nominated occupation.  Applicants must also meet all of the federal and state requirements for the visa being applying for.”

 

Warning -This information is accurate on the 08 April 2014.  

DIBP and the State/Territory authorities can change requirements in an ongoing manner and all current requirements must be established prior to lodging a skills assessment or visa application. 

Sources:

The Immigration SA website:

https://www.migration.sa.gov.au/news%20and%20events

Do You Need Help in Relation to a Skills Assessment or visa application for an occupation on the SA State Sponsorship list?

At Work Visa Lawyers we are experienced in assisting with skills assessment to enable applications for skillselect subclass 189, 190 and 489 visas and Employer Nomination Scheme applications.

We can help you with state sponsorship and visa application for occupations including: Cook, Hairdresser, Customer Service Manager and Database Administrator

For further information regarding skills assessments or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091.

Or email:  This email address is being protected from spambots. You need JavaScript enabled to view it.  

 

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Closure of ACT nomination program to overseas applicants for 2013/14 for Skilled Nominated (subclass 190) visa

 

Skilled Nominated (subclass 190) visa – Closure of ACT nomination program to overseas applicants for 2013/14

The ACT government has released to following information today:

"The Australian Capital Territory (ACT) is pleased to announce that program targets for the Skilled- Nominated (subclass 190) visa have been met for the 2013/14 financial year.

Effective close of business today (25 March 2014), applications for ACT nomination from overseas residents will not be accepted.  If your clients are living overseas, they will not be able to apply for ACT nomination of a Skilled Nominated (subclass 190) visa until the program reopens in July 2014.

If your clients are living in Canberra and working in a skilled occupation, they are still able to apply for ACT nomination of the Skilled Nominated (subclass 190) visa providing  they meet the current nomination criteria."

Source: Migration and Information Services | Economic Development Directorate | ACT Government

This information isaccurate on the 25 March 2014.   State or Territory Nomination/Sponsorship bodies will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

 

Need Help?

 

At Work Visa Lawyers we are experience in assisting applicants with the Expression of Interest, State Sponsorship and Visa application process for state sponsored subclasses 190 and 489.

If you require further information regarding an application or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091  

 

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Nomination Ceilings for new 457 employer sponsorship applications have been abolished

 

The nomination ceiling is the limit of positions that a 457 sponsor is allowed to nominate under the 457 program. 

The PAM3 - Sponsorship applicable to Division 3A of Part 2 of the Act – Sponsorship was amended on 14 February 2014 to remove references to sponsorships ending on the event of the number of approved nominations (the nomination ceiling) being reached.

Policy relating to Reg 2.63(2) now refers only to the end date of approval of the sponsorship as the expiry of the approval.

Sponsorships approved after the 14 February 2014 will be able to keep making nominations, after the requested number of nominations has been reached, as long as the three year sponsorship approval is still valid.

Sponsorship approved before the 14 February changes will still be subject to the sponsorship ceilings, and will cease once the ceiling is reached.

Reaction from Interest Groups:

Various media have reported the change as the opening of a loophole or similar negative event.

http://www.smh.com.au/federal-politics/political-news/rort-fears-as-457-visa-loophole-reopened-20140311-34kgr.html

http://au.news.yahoo.com/a/21937663/shorten-worried-about-flood-of-457-visas/

Commentary by Chris Johnston:

The removal of the Sponsorship ceiling does not mean that 457 visa applications and 457 sponsors will be without appropriate conditions and monitoring.

The nomination ceiling was only one of the many limitations and check that are part of the 457 process.  The 457 is still subject to many criteria designed to protect Australian workers and Australian wage standards.  These include that the salary for the nominated position must be above the TSMIT, which is currently $53,900.00.  Another protection is the requirement that the salary be at the Market Salary paid to equivalent Australian workers.

The Department of Immigration monitors 457 sponsors to make sure that the approved 457 conditions are met by the employer.    If breaches are found then sponsorship bars, sanctions and fines can be imposed.

The 457 ceiling has previously been introduced and then subsequently removed.  So the cycle of changes continues.

Sources:

http://www.immi.gov.au/Visas/Pages/457.aspx

Migration Institute of Australia


Warning -This information is accurate on the 16 March 2014.  

DIBP will change visa requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

 

Do you Need Help with a 457 visa?

 

If you require further information regarding a 457 application , either as an employer or an applicant, we can help you.

Contact us on (08) 7225 5091 or +61 8 7225 5091

orThis email address is being protected from spambots. You need JavaScript enabled to view it.

 

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Changes to WA State Nomination in relation to English, Work Experience and Job Offers

 The Government of Western Australia have recently released new criteria for WA state sponsorship for subclass 190 and 489 visas.

The following are significant changes to the criteria:

- English Requirements:

Managers and Professionals (Group 1 and 2 in ANZSCO)  who are on the WA State Migration Plan must obtain at least 7,7,7,7 in the IELTS or a minimum of all Bs on the OET test. Other groups of occupations still require just 6,6,6,6.

There are still English requirement exemptions those holding a UK, USA, Canada, Ireland or NZ passport.

- Work Experience Requirements:

 All applicants must meet the minimum work experience requirement of:

        ◦ at least one year of Australian work experience in the nominated (or closely related) occupation over the last ten years; or

        ◦ at least three years of overseas work experience in the nominated (or closely related) occupation over the last ten years; and

- Job Offered Required even for Offshore applicants:

If your occupation is on Schedule 2 of the WASMOL you must have a job offer for both a 489 and a 190 application, even if you are applying from overseas.

Source and Accuracy

Source: http://www.migration.wa.gov.au/SiteCollectionDocuments/skilled_migration_criteria_2013-2014%20(4).pdf

This information is accurate on the 02 February 2014.  States and Territories will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Need Help?

At Work Visa Lawyers we are experience in assisting applicants with the Expression of Interest, State Sponsorship and Visa application process for state sponsored subclasses 190 and 489.

If you require further information regarding an application or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091  

 

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Australian Students visa holders – changing courses can lead to visa cancellation

 

The DIBP has embarked on a campaign to inform students of the risks of changing from a streamlined course to a lower course. 

“Changing course advice for streamlined visa holders

If you want to change to a new course and you were granted a visa under the streamlined visa processing arrangements you must maintain enrolment in a streamlined visa processing eligible course (or package of courses) with an education provider participating in the arrangements.  ... ...

Important: If your new course is not with an education provider participating in the streamlined visa processing arrangements, read the information below about changing education providers.

If you enrol in a course (or package of courses) that is not eligible for streamlined visa processing, you no longer meet the criteria for which your visa was granted and may be considered for visa cancellation.”

From the DIBP Migration Blog:

“Moving from a university to a vocational education course

·         You must complete six months of the highest qualification course in which your visa was granted before changing courses with a different education sector.

·         You must obtain a new visa to study in a different educational sector.

Names of people and education providers in this story are fictional for the purposes of this case study.

Mandeep was enrolled with the Eucalyptus University to study a Bachelor of Accounting. She was granted a  Higher Education Sector (subclass 573) visa.

After commencing her bachelor degree, she was informed by a friend she could study her course faster and cheaper at a different institution. Mandeep thought this sounded like a good option as she wanted to get her degree as fast as possible. She thought she may have a problem with her visa if she changed her course.

Mandeep phoned the Department of Immigration and Border Protection to see if she could move to this cheaper institution. After confirming all the details of Mandeep’s case, the immigration officer told Mandeep her visa was granted under streamlined visa processing arrangements with the Eucalyptus University—if she changed to a non-streamlined education provider while holding a streamlined student visa, she may be in breach of a condition of her visa (condition 8516).

The immigration officer informed Mandeep that if she wanted to change education provider she would have to choose one of the following options:

·         transfer to another streamlined institution

·         remain in her current course and apply for a new student visa (after completing six months of her principal course) with a letter of offer or confirmation of enrolment from the new provider

·         depart Australia, request the voluntary cancellation of her student visa and then apply for a new student visa with a letter of offer or confirmation of enrolment from the new education provider.

Mandeep decided to move to the cheaper institution, regardless of the information she had found out about her visa. Shortly after, the department contacted her and issued a Notice of Intention to Consider Cancellation for her student visa.

Mandeep responded to the notice and provided reasons why her visa should not be cancelled. The department considered her response and proceeded to cancel her student visa for breach of condition 8516.

Mandeep was upset and regretted not abiding by the conditions of her visa. Mandeep no longer held a visa to remain lawfully in Australia and made arrangements to return to her home country.”

 

Warning: This information is accurate on the 02 February 2014. 

DIBP will change visa requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Sources: https://www.immi.gov.au/Study/Pages/changing-courses.aspx

http://migrationblog.immi.gov.au/2014/01/14/changing-courses-changes-everything/

Comment by Chris Johnston, Migration Lawyer and Registered Migration Agent

The problem for many students is that this information campaign will be too late and they have already made the change and face student visa cancellation.

Options in this case may include applying for the correct visa prior to any cancellation occuring. 

Do You Need Help in Relation to Australian Visas?

If you require further information regarding Australian visa options you contact our offices on:

 (08) 7225 5091 or +61 8 7225 5091  

or This email address is being protected from spambots. You need JavaScript enabled to view it.

 

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Enrolled Nurse shifted to ‘Special Conditions Apply’ for SA State Sponsorship for Australian Visas

Enrolled Nurse occupation status has changed on SA State Nomination List (SNOL) – the status is now ‘Special Conditions Apply’

Enrolled Nurse and SA State SponsorshipAvailability Downgraded to ‘Special Conditions Apply’ – effectively restricting sponsorship to SA Graduates

 

There has recently been a change to the ‘Availability Status’ of the occupation of Enrolled Nurse for SA state sponsorship.  The occupation availability has changed on the State Nominated Occupation List (SNOL). The status has been changed from ‘Low Availability’ to low availability.  

This change may be a concern for those who are looking for SA state sponsorship as a Enrolled Nurse.  The reason for concern is that it is only mid-way into the program year which started from 1 July 2013 and runs to 30 June 2014.  With the downgrade to ‘low availability’, Enrolled Nurse may at a later time be moved to the SA ‘Off-List’. The SA ‘Off-List’ is only available to SA graduates.

The special conditions apply criteria on the 26 January 2014 were as follows:

“South Australian international graduates currently residing in South Australia, interstate or offshore

South Australian international graduates must meet all state nomination requirements, as well as requirements 6.1 and either 6.2 or 6.3 depending on the qualification completed.

Occupations listed as “Special Conditions Apply” are available to:

6.1South Australian (SA) international graduates who studied at a South Australian institution.Applicants must have completed a CRICOS registered qualification in South Australia with a minimum duration of one academic year (CRICOS registered for a minimum of 46 weeks)

6.1.1Applicants currently residing in South Australia must have completed a Higher Education or Vocational Education and Training (VET) qualification in South Australia.

OR

6.1.2Applicants currently residing offshore or interstate must have completed a Higher Education qualification (Bachelor Degree or higher) in South Australia.

Documents required: a copy of the academic transcript and a letter of completion from the institution.

6.2Graduates with a Higher Education Advanced Diploma, Bachelor Degree or higher, must meet one of the following:

6.2.1Currently working in a skilled occupation (minimum 30 hours per week) in South Australia. The skilled occupation must be ANZSCO level 1 to 4 and listed on the State Nominated Occupation List (SNOL) or Immigration SA’s current Offlist.

OR

6.2.2Have met the general work experience requirement as per nomination criteria 7. If an applicant is claiming Australian work experience, 50% of this must be South Australian work experience.

Documents required for work experience: A letter from the employer confirming commencement date, job title, duties and tasks, salary and number of hours worked per week.

Consideration will be given to applicants (currently residing in South Australia) who are a PhD or Masters by Research SA graduates who don’t meet work experience requirement 6.2.1 or 6.2.2. To be considered, applicants must have an IELTS of 7.0 in each band score or 7.5 overall.

6.3Graduates with a VET Diploma or Certificate must be currently working in a skilled occupation (minimum 30 hours per week) in South Australia. The skilled occupation must be ANZSCO level 1 to 4 and listed on the State Nominated Occupation List (SNOL) or Immigration SA’s current Offlist. Priority will be given to applicants based on length of employment in South Australia.”

If you meet the SA State Sponsorship criteria, you should consider apply for State Sponsorship as soon as possible, while the occupation is still available on the list.

                

Enrolled Nurse still open in Qld and NT

However, NT is still sponsoring EN for both 489 and 190. QLD is sponsoring EN for 489.

With other states closing or placing restrictions on the Enrolled Nurse sponsorship, this will lead to higher numbers of applications for Qld and NT. 

SA is still sponsoring however, the ‘special conditions apply’ status restricts access to SA graduates.

Warning -This information is accurate on the 26 January 2014.  

DIBP and the State/Territory authorities can change requirements in an ongoing manner and all current requirements must be established prior to lodging a skills assessment or visa application. 

Sources:

The Immigration SA website:

The State Nomination Occupation List (SNOL): https://www.migration.sa.gov.au/SNOL_data

The eligibility requirement for SA state sponsorship: https://www.migration.sa.gov.au/node/104

Do You Need Help in Relation to a Skills Assessment or visa application as a Enrolled Nurse or Registered Nurse?

At Work Visa Lawyers we are experienced in assisting with skills assessment to enable applications for skillselect subclass 189, 190 and 489 visas and Employer Nomination Scheme applications.

We can help you with state sponsorship and visa application as an Enrolled Nurse or Registered Nurse.

For further information regarding skills assessments or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091.

Or email: This email address is being protected from spambots. You need JavaScript enabled to view it.  

 

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Enrolled Nurse closed for ACT sponsorship for Australian Visas for this program year

Enrolled Nurse closed for ACT sponsorship for Australian Visas for this program year

ACT Government recently released an update on their website regarding Australian Capital Territory (ACT) Occupation List 2013-14.

http://www.canberrayourfuture.com.au/workspace/uploads/documents/act-occupation-list-2013-14-10-december-13.pdf

People who want to apply for subclass 190 or 489 visas need State Nomination from one or more State Governments.

Currently ACT is only nominating applicants for subclass 190 Only. In order to receive their Nomination, your occupation must be on their list and status should be still “open”.

The occupation of Enrolled Nurse was originally listed on their list however, due to high volume of application, this occupation is closed and no longer available until 30 June 2013.

However, this would highly likely be re-open for the ACT from 1st July 2014.

                

Enrolled Nurse still open in SA, Qld and NT

However, NT is still sponsoring EN for both 489 and 190. QLD is sponsoring EN for 489.

SA is still sponsoring however, the availability is currently very low. Therefore if anyone would like to lodge their State Nomination to SA should be hurry.

Warning -This information is accurate on the 16 January 2014.  

DIBP and the State/Territory authorities can change requirements in an ongoing manner and all current requirements must be established prior to lodging a skills assessment or visa application. 

Do You Need Help in Relation to a Skills Assessment or visa application as a Enrolled Nurse or Registered Nurse?

At Work Visa Lawyers we are experienced in assisting with skills assessment to enable applications for skillselect subclass 189, 190 and 489 visas and Employer Nomination Scheme applications.

We can help you with state sponsorship and visa application as an Enrolled Nurse or Registered Nurse.

For further information regarding skills assessments or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091.

Or email This email address is being protected from spambots. You need JavaScript enabled to view it.  

 

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Australia’s most populated state NSW has closed nominations for subclass 190 visas

 

For this program year NSW is no longer an option for a subclass 190 Visa:

The NSW State Government has closed nomination for subclass 190 visas, providing the following information on their website:

“Skilled Nominated visa (subclass 190) – NSW nominations closed for 2013/14

NSW is pleased to announce that program targets for the Skilled Nominated visa (subclass 190) have been met for the 2013/14 financial year.  

Effective 24 December 2013, applications for NSW nomination for the subclass 190 visa will close. Applications received after this date will not be processed or returned. NSW will reopen for the subclass 190 visa nomination in July 2014. Information regarding 2014/15 applications will be posted on this website in July 2014.  

Thank you for your interest in migrating to NSW.  “

Try another Option:

If you are looking to migration to Australia, there is no need to despair, all other States and Territories are still sponsoring for Subclass 190 visas.

Source and Accuracy

Source: http://www.business.nsw.gov.au/live-and-work-in-nsw/visa-and-migration/skilled-sponsored-migration

This information isaccurate on the 06 January 2014.  States and Territories will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

 

Need Help?

 

At Work Visa Lawyers we are experience in assisting applicants with the Expression of Interest, State Sponsorship and Visa application process for state sponsored subclasses 190 and 489.

If you require further information regarding an application or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091  

 

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Enrolled Nurse shifted to ‘Low Availability’ for South Australian State Sponsorship for Australian Visas

 

Enrolled Nurse occupation status changed on SA State Nomination List (SNOL) – further changes could result in an end to SA state sponsorship for Enrolled for visas 190 and 489

Enrolled Nurse and SA State Sponsorship Availability Downgraded

There has recently been a change to the ‘Availability Status’ of the occupation of Enrolled Nurse for SA state sponsorship.  The occupation availability has changed on the State Nominated Occupation List (SNOL). The status has been changed from ‘Medium Availability’ to low availability.  

This change may be a concern for those who are looking for SA state sponsorship as a Enrolled Nurse.  The reason for concern is that it is only mid-way into the program year which started from 1 July 2013 and runs to 30 June 2014.  With the downgrade to ‘low availability’, Enrolled Nurse may at a later time be moved to the SA ‘Off-List’. The SA ‘Off-List’ is only available to SA graduates.

If you meet the SA State Sponsorship criteria, you should consider apply for State Sponsorship as soon as possible, while the occupation is still available on the list.

What are the first Steps in relation to State Sponsorship for Enrolled Nurses?

To apply for state Sponsorship you will need a Migration Skills Assessment from ANMAC.

You will also need to lodge an Expression of Interest with the Department of Immigration and Border Protections (DIBP).

You will need to check the State Sponsorship criteria, which varies between different States and Territories.

 

Which States or Territories are Sponsoring Enrolled Nurses?

There are four States and Territories Currently Offering State Sponsorship – SA, Qld, ACT and NT.

If you are unable to meet the sponsorship requirements, then you can also consider employer sponsorship through the ENS 186 or RSMS 187.  The challenge for employer sponsorship, is finding an employer willing to offer you the required position to be sponsored.

Source: Immigration SA

https://www.migration.sa.gov.au/snol_data

https://www.migration.sa.gov.au/snol

 

This information isaccurate on the 04 January 2014.  Immigration SA will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

 

Need Help?

 

At Work Visa Lawyers we are experience in assisting applicants with the Expression of Interest, State Sponsorship and Visa application process for state sponsored subclasses 190 and 489.

If you require further information regarding an application or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091  

 

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Partner Visas are Number 1 for Christmas!

 

Why are Partner Visas Number one for Christmas?

Every year I notice that in the weeks leading up to Christmas there is a dramatic rise in the number of visa enquiries about Partner Visas. 

There may be a number of reasons for this and here are some of my explanations:

With the warmer weather and festive season, love may be in the air. 

·         It is common for WHV holders  to meet someone special that is an Australian Citizen or Permanent Resident, and to consider lodging a Partner Visa onshore. Working Holiday Visas holders often arrived in Australia in summer and often their visas are nearing expiry late in the year.  The number of working holiday maker visa holders in Australia on 30 September 2013 was 166 260.

·         Student visa holders often have a visa expiry date of the 15 March and so in December they may be considering their next visa, which if they are in a relationship with an Australian Citizen or Permanent Resident, may be a Partner Visa.

·         It could be that the approaching end of the year means that people start planning or the next year and a Partner visa may feature in the planning. 

Whatever the reason, if you are interested in applying for a Partner visa, or in being a sponsor for a Partner visa, then the following information may be useful.

Which Partner Visa should I you apply for?

Which one is best, depends a lot on your situation.

There are three main options in terms for partner visas.

·         Partner Visa Onshore

·         Partner Visa Offshore

·         Fiancé Visa (Prospective Marriage Visa)

The Partner Criteria are also very relevant if you are adding a partner to an existing visa.  When adding a Partner, the key difference, is that the application is based on one of the partners holding a relevant visa, and not on one of the partners being an Australian Citizen or permanent resident.   The common criteria of a spouse relationship – a continuing and genuine relationship to the exclusion of others, will apply.

I will provide some information on these various options.

Partner Visa Onshore – Temporary and Permanent

All partner visas must have a sponsor and a primary visa applicant. The sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen that is in a relationship with the primary visa applicant.

The primary visa applicant must be in a relationship with the sponsor.

To qualify for a partner visa you must be in a married or de facto relationship:

  • The marriage must be recognised under Australian law or;
  • The de facto relationship must have existed for 12 months prior to applying, unless you be able to show that compelling and compassionate circumstance apply. De facto relationships include same-sex relationships.

In some states and territories it is possible to register a relationship which can then mean the 12 months de facto requirement does not need to be met. 

You must be able to provide evidence to support the genuine and continuing nature of your relationship including:

·         Financial evidence supporting your mutual commitment to your partner.

·         Social and public nature of the relationship.

·         Evidence detailing your mutual and exclusive commitment to each other. Factors considered by the Department include the time spent living together and the length of the relationship.

The visa application can include dependent children and may be able to include dependent relatives.

Partner visas are usually a two staged process. You must first apply for a temporary (provisional) Partner visa, which allows you to travel to and live in Australia.

If you meet criteria including the relationship continuing two years after being granted the provisional visa, then you may be able to receive a permanent Partner visa.

In some circumstances, you may receive a permanent Partner visa straight away, such as when the relationship has been ongoing for several years or more, or when there are children of the relationship.

Partner Visa Offshore – Temporary and Permanent

The criteria are the same as for the onshore, as explained above.

The difference is that the application must be lodged offshore, at the closest Australian Embassy and the applicant must also be outside of Australia at the time of decision.

This type of visa is suitable for situations including:

·         The applicant is from a high risk country (by DIBP standards) and it is difficult or impossible to get a visitor visa to Australia.

·         The applicant has a visitor visa for Australia, but it has a ‘No Further Stay’ condition, which prevents an application from being lodged in Australia.

·         The applicant has a job outside of Australia and wants to be able to keep working in their job up until the time of a decision on the visa application.  In some circumstance it may be difficult to get an Australian visa with work rights prior to the partner visa being granted.

·         The visa applicant’s last Australian visa application which was lodged in Australia and was refused, and this has meant that schedule three criteria will apply to an onshore partner application, meaning an offshore application will be more attractive.

Fiancé Visa (Prospective Marriage Visa)

This visa allows a visa applicant to come to Australia and marry their sponsor within the required timeframe.

The sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen that is in a relationship with the visa applicant.

The primary visa applicant must be in a spouse relationship with the sponsor.

You must be able to provide evidence to support the genuine and continuing nature of your relationship including:

·         Financial evidence supporting their mutual commitment to your partner.

·         Social and public nature of the relationship.

·         Evidence detailing your mutual and exclusive commitment to each other.

·         Evidence of an intention to marry, including details regarding the planned marriage.

For a Fiancé visa the level of evidence required in relation to your relationship may not be as not high as it is for a Partner temporary or permanent visa.

This visa is often appropriate where it is not possible, or not culturally appropriate, for you to live together with your spouse for an extended period prior to marriage.

The sponsor and applicant are required to get married within nine months of the Fiancé visa grant.

Following the marriage you will have to apply for a Partner visa to allow you to continue to live in Australia.

Adding a Partner to Your Current Australian Visa?

Some Australian visas allow you to add your partner and dependent children. For example, this is possible for a temporary worker on a subclass 457 visa.

Partner Visa Refusals and appeals to MRT

Partner visa refusals can be reviewed by the Migration Review Tribunal (MRT).

We are able to assist you with the process.

Based in Adelaide South Australia, Immigration Lawyer and Migration Agent Chris Johnston provides migration advice to people and businesses from all over the world.

Do you Need Help with a Partner Application or Appeal?

If you require further information or assistance in relation to a Partner visa, adding a partner to a or an appeal of an partner visa refusal to the MRT , we can help you.

Contact us on (08) 7225 5091 or +61 8 7225 5091

or  This email address is being protected from spambots. You need JavaScript enabled to view it.

Sources: BR0169 Temporary entrants and New Zealand citizens in Australia as at 30 September 2013, http://www.immi.gov.au/media/statistics/pdf/temp-entrants-newzealand-sep13.pdf

Warning -This information is accurate on the 15 DEC 2013.  

DIBP and can change requirements in an ongoing manner and all current requirements must be established prior to lodging a skills assessment or visa application. 

 

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