Business Sponsorship • Nomination • Training Benchmarks • Nominated Position • TSMIT • Market Salary • LMT • English Requirements • From 457 to PR

The 457 visa is the most common Employer Sponsored visa for overseas workers to start working temporarily in Australia. While the 457 program has the simple objective of filling employment gaps for Australian and overseas businesses, the application process is not straightforward. Watch the video to learn more.

0:40 Number One - Three stages of the 457 application:Business Sponsor application, Nomination application (position) and Visa application.
1:17 Number Two - Sponsor must meet training requirements
1:37 Number Three - Nominated position must be on the CSOL list
2:21 Number Four - Nomination requirements include meeting TSMIT, Market Salary and LMT
3:42 Number Five - Visa applicant must have required skills and English
4:33 Number Six - There are conditions that apply to the Business Sponsor and Visa holder after grant of 457 visa
5:40 Number Seven - 457 offers pathway to Australian PR
6:03 Number Eight - Government Review and recommendations to change 457 to cut ‘Red tape’
6:38 Number Nine - Alternative visas to the 457: If your occupation is not on the CSOL
7:35 Number Ten - Do I need help to apply for a 457?

If you would like assistance with getting a visa in Australia, you can contact us via our email at: This email address is being protected from spambots. You need JavaScript enabled to view it.

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A total of 203 visas have been cancelled by the Minister of Immigration, Peter Dutton in the past 3 months. Previously there were only a total of 372 cancellations over the period between July 2011 and July 2014¹ - a 3-year period!

With an amendment to the Migration Act in December 2014, the Minister now has the power to cancel visas of people who were:

• Involved in a serious crime – drug trafficking, sexual assaults, motorcycle gangs, etc.
• Convicted and imprisoned for 12 months or more
• In Australia on a visa and being convicted of a sexual offence against a child

The power to cancel visas allows the Minister to remove non-citizens who are in Australia and pose a threat to the Australian community. Recent visa cancellations were issued to overseas criminal offenders, biker gang members and associates, drug-related offenders and sex offenders. The Minister has mentioned that "If people have committed crimes against our country then their visas will be cancelled" and that “they should be removed from our shores as quickly as possible" in a statement to ABC News¹.

Why has there been an increase in visa cancellations?

The increase in visa cancellation numbers is a government response to national security concerns especially in the areas of organised crime and counter-terrorism. The government aims to target “organisations and individuals blatantly spreading discord and division” and “include stronger prohibitions on vilifying, intimidating or inciting hatred”².

The change in the name of the Department is also an indication of policy change. The name has changed from the Department of Immigration and Citizenship (DIAC) previously to the current Department of Immigration and Border Protection (DIBP). From 1 July 2015, DIBP and the Australian Customs and Border Protection Service will merge to form the Australian Border Force, signifying a stronger and tougher approach towards border protection³.

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

Character issues can be identified by DIBP in the following situations:

• When you apply for a visa (including renewal of your Resident Return Visa – RRV)
• When you arrive at an Australian port of entry and complete a declaration card
• When you apply for citizenship
• When you sponsor somebody for a visa (partner, family member)
• If DIBP contacts you directly about your situation
• If your legal matter goes to court and DIBP takes note of your case
• If DIBP cross checks with local police and overseas law enforcement agencies databases and identifies visa holders with criminal offences

Even though recent cancellations are focused on organised crime, sex crimes and terrorism, it is possible that any person with criminal convictions outside of these offences can have their Australian visas revoked.

With recent security concerns heightening the level of border protection, expect more cancellations to happen. It is a good idea for all visa holders and applicants to stay out of trouble with the law in order to preserve your life and residence in Australia.

Source:

1. Hundreds of convicted criminals have visas revoked under Migration Act amendment

http://www.abc.net.au/news/2015-02-24/convicted-criminals-have-visas-cancelled/6254120

2. Prime Minister Tony Abbott outlines moves to revoke foreign fighters' citizenship, crack down on 'hate preachers'

http://www.abc.net.au/news/2015-02-23/abbott-announces-anti-terror-measures/6217608

3. Department of Immigration and Border Protection

http://www.immi.gov.au/News/Pages/new-australian-border-force.aspx

4. Minister for Immigration Media Releases

http://www.minister.immi.gov.au/peterdutton/2015/Pages/Two-criminals-removed-from-Queensland.aspx

http://www.minister.immi.gov.au/peterdutton/2015/Pages/irish-criminal-removed-from-australia.aspx

http://www.minister.immi.gov.au/peterdutton/2015/Pages/crackdown-foreign-criminals-bikies.aspx

This information is accurate on the 3 March 2015

Have You Been Asked to Respond to “Character” Concerns by DIBP? Do You Need Help in Relation to Your Current Australian Visa, Applying for an Australian Visa or Citizenship?

At Work Visa Lawyers we are experienced in assisting applicants with visa applications for Skilled Migration including Independent and State Sponsored visas, state sponsorship applications, Family Migration visas as well as employer-sponsored visas. We also assist applicants who have health or character concerns in a visa or citizenship application.

If you require further information regarding your Australia visa options you can contact us through:

(08) 7225 5091 or +61 8 7225 5091

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

WHICH ENGLISH TEST IS THE BEST FOR AUSTRALIAN MIGRATION?

2018 IELTS UPDATE: IELTS now offering computer-delivered English tests for visa applicants in AustraliaIELTS now offering computer-delivered English tests for visa applicants in Australia

New tests are available for Australian Migration, giving you more options!

Since 23 November 2014 the Department of Immigration and Border Protection (DIBP) has accepted other forms of English tests other than IELTS and the OET for Temporary Graduate, Skilled, Former Resident and Work and Holiday visa applications.  In our earlier article we mentioned that in addition to IELTS and OET, applicants can now use TOEFL and PTE Academic for visa application purposes (CAE to be accepted 1 Jan 2015 onwards).  Click here for our earlier article regarding the newly accepted English exams and the relevant scoring benchmarks.

So applicants now have options to the type of English exam they wish to take for their visa application. 

The options include:

• IELTS
• TOEFL iBT
• Pearson - PTE Academic
• Cambridge English: Advanced (CAE)

WHICH ENGLISH TEST is Easiest and Best for You?

Are all the English exams the same? 

Are the structures of some exams more compatible for the person taking the exam? 

TOEFL is all done talking to the computer, whereas IELTS is paper based for writing and you have to speak to a person.

Watch this video of a student who have done all the different exams and what he thinks about them.  You can hear him speak about the differences between TOEFL and IELTS at the 3:31 mark: 

“I scored much better on the TOEFL test than I did the IELTS. So the difference was quite big.  So apparently for me the TOEFL was better.  So for the IELTS test I had an overall average of 7.5... For the TOEFL test I scored...  for the internet based test I scored 114 out of 120”

Another video provides more details on the preparation for the exams (2:55 mark):

“These (preparation leaflets) are very important because they really give you... put you at ease when you are in front of the exam so I would really recommend reading those. So even if you don’t really prepare your English at least you prepare the way you have to take you exam so that would help you a lot.”

On the exam format (6:34 mark):

“... in TOEFL lots of it were in multiple choice except for the writing section and in the IELTS you have to write even when you are listening and also when you are reading you have to write...”

For a detailed description of the exam formats and differences you can watch this video and find out what tasks await you in the different exams.  There are also many tips and video guides on specific sections for the exams on YouTube.  You can also find more descriptions online for the other English exams such as Cambridge English: Advanced (CAE) that is now accepted for visa applications.

Now that you know the exams are different, do find out and try the specimen exam materials for the different tests to see which suits you better.  Complications in fulfilling the English requirements can delay your visa application and affect your eligibility.  Act now to find your best English test and obtain the scores required to start your new life in Australia!

Comments by Chris Johnston – Principal Lawyer at Work Visa Lawyers:

With the recent opening of new test for many Australian visas, I have spoken with many of my client’s.  Some are sticking with the IELTS as they are used to its structure. 

There is also strong interest in the TOEFL IBT due to it being done on a computer at a testing centre.  I will do further blogs in which I comment on the feedback provided by my clients about which test they prefer.

Source:

From Fulbright Belgium

Applying to US Universities: Comparing the GRE, GMAT, TOEFL and IELTS Tests

https://www.youtube.com/watch?v=agBQrQOWPAo

TOEFL vs IELTS: Comparing English Language Proficiency Tests

https://www.youtube.com/watch?v=yk2hMlRW99g

TOEFL - IELTS: Compare TOEFL vs IELTS and take the right one https://www.youtube.com/watch?v=2CFBXg4H3fU

Warning:

 This information is accurate on the 11 January 2015.

Do You Need Help with Australia Migration?

At Work Visa Lawyers we are experienced in assisting applicants with the Expression of Interest, State Sponsorship and Visa application process for state sponsored subclasses 190 and 489.  We can also assist with the Independent 189.

If you require further information regarding an application or your Australian visa options you can contact us through:

(08) 7225 5091 or +61 8 7225 5091 

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

Australian Government warning about increased processing times for Onshore Partner Visas

The Department of Immigration and Border protection has recently put this onscreen waring on its website in relation to Partner visa (subclasses 820 and 801):
“Average processing time for this visa is 12 to 15 months.​”

Why the increase in processing times?

The DIBP has not announced why processing times are going up for Partner visas.

As a registered migration agent I have notice an increase in inquiries about partner applications in the last six months.   So it could be that there are simply more applications, and so this could lead to greater processing times.

Sources:  DIBP website:

http://www.immi.gov.au/Visas/Pages/801-820.aspx

Warning -This information is accurate on the 23 August  2014.  

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. 

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.

Chain Migration a new pathway to an Australian skilled Visa

In July 2014 Immigration SA have announce a new state nominated option which is called ‘Chain Migration’.

Chain migration is a new pathway to gain South Australian sponsorship for a skilled visa.

Chain migration allows international graduated with Australian qualifications to apply for state nominated visas (489 or 190) if they have a relevant relative that is an Australian Citizen or PR that is settled in South Australia.

Here are the details from Immigration SA:

                “The benefits of the chain migration pathway:

·         Ability to apply for a permanent (190) or provisional (489) visa

·         Access to a more extensive occupation list compared to the Department of Immigration and Border Protection's (DIBP) Skilled Occupation List (SOL)

·         Instant visa invitation from DIBP once approved for state nomination 

·         Priority visa processing with DIBP”

“Requirements

To qualify for the chain migration pathway, applicants must:

·  Have completed a Bachelor degree or higher

·  Meet all DIBP criteria and Immigration South Australia criteria

·  Have 60 points on the DIBP points test.

To qualify for the chain migration pathway, the family member in South Australia must: 

·  Be the applicant’s grandfather, grandmother, father, mother, brother or sister. Applicants can still apply if it’s a step or adoptive parent/sibling. 

·  Be an Australian Permanent Resident or an Australian Citizen

·  Have resided in South Australia for the past twelve months. “

Here are the requirements of Chain Migration as detailed on Immigration SA Website:

“Chain Migration is a state nomination pathway for applicants who have an immediate family member permanently residing in South Australia.

12.1 Chain Migration applicants can apply for occupations listed as ‘Special conditions apply’ on the State Occupation List.

12.2 Chain migration applicants can apply for occupations that are listed on the South Australian Graduate List.

12.3 Chain Migration applicants who are international graduates of Australia (who meet the work experience requirement listed under point 7) can apply for a provisional (489) visa or permanent (190) visa for any occupation listed as ‘available’ on the State Occupation list.

12.4 The applicant needs to meet all DIBP and Immigration SA criteria.

12.5 The applicant must have completed a Bachelor degree or higher in the field of their nominated occupation.

12.6 The applicant’s immediate family member in South Australia must meet all criteria listed under 12.6 below.

12.6.1 The family member residing in South Australia must be the applicant’s grandfather, grandmother, father, mother, brother or sister. Applicants can still apply if it’s a step or adoptive parent / sibling.

12.6.2 The family member must be over 18 years of age.

12.6.3 The family member in South Australia must be either an Australian Permanent Resident or an Australian Citizen.

12.6.4 The family member must be currently residing in South Australia and have resided in South Australia for the last twelve months.

12.7 The Applicant’s family member in South Australia is required to complete a Statutory Declaration to confirm that they meet the all chain migration criteria.”

Commentary by Chris Johnston:

The Chain Migration pathway is a great new opportunity for many to apply for an Australian visa.

It should make for some interesting situations.

People with relatives already in SA will clearly be the first to use chain migration.

The Chain Migration pathway will also give more incentive for people outside of Australia, with family that have already migrated to South Australia, to choose to study in South Australia.

But the incentive of Chain migration could have wider results. If you have the points but cannot get state nomination anywhere in Australia then you may want to consider asking your Australian Citizen or PR family members to move to South Australia.  Once these Australian Citizen or PR family members have lived in South Australia for 12 months or more then you may be eligible for a Chain Migration sponsorship.

Source and date of accuracy:

Immigration SA:

http://www.mia.org.au/documents/item/380

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

 This information is accurate on the 26 July 2014.  Immigration SA and DIBP will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Do You 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.  We can also assist with the Independent 189.

If you require further information regarding an application or your Australian visa optionsyou can contact us through:

 (08) 7225 5091 or +61 8 7225 5091  

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

It has recently been announced that the Parent, Remaining Relative, Aged Dependent Relative & Carer visas will be ceased on 2 June 2014.

This is following on from the Australian Budget in which it was stated that the Australian government would be ceasing lodgement of new applications under the Other Family and Non-Contributory Parent visas will take place prior to the start of the 2014-15 programme year.

The visas which will be ceasing, based on the Federal Government announcement, are the following classes:

Parent -Subclass -Subclass 103

Aged Parent- Subclass 804

Aged Dependent Relative - Subclass 114

Aged Dependent Relative -Subclass 838.

Remaining Relative- Subclass 115

Remaining Relative -Subclass 835

Carer-Subclass –Subclass 116

Carer - Subclass 836

Comment from Chris Johnston:  This is consistent with the Australian Federal Government having a focus on skilled migration.

I have previously commented on measures such as charging an application fee for each family member, being effectively anti-family.

http://www.workvisalawyers.com.au/news/entry/new-anti-family-australian-visa-application-charges-to-be-introduced-1-july-2013.html

The recent changes could also been seen as anti-family.

Warning:This information is accurate on the 01 June 2014. 

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

Sources: Migration Institute of Australia

Migration Amendment (Repeal of Certain Visa Classes) Regulation 2014 - Select Legislative Instrument No. 65, 2014

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.

This is an interesting article contrasting Australia’s ranking on social and economic indicators which is very high and the perceptions of Australian’s in relation to life in Australia, which is lower:

http://www.theguardian.com/business/grogonomics/2014/apr/21/australia-has-it-pretty-damn-good-so-why-arent-we-cheering

MRT waiting times are dropping fast

The Migration Institure of Australia, the peak migration industry body, has released the following information from the April April MRT RRT Community Liaison:

“The MRT and RRT Tribunals report they have made a record 2,516 decisions in March 2014, this brings the total number of decisions to 18,858 to the end of March, representing a 46% increase compared with the same period last year.”

The increase in decisions made by the MRT and RRT means that the waiting times for those who have lodged a MRT will be much shorter.

Comment by Chris Johnston, Migration Lawyer and Registered Migration Agent: 

I can comment based on my recent professional experience, as a Migration Lawyer assisting a number of review applicant’s who have recently been allocated hearing dates.  Some times these allocations are up to a year earlier than expected.

Be warned - The current average processing times on the MRT site, are based on previous allocations, and may be much longer than the MRT is currently taking.

So this raises the question:

If you have lodged with the MRT, are you prepared for a hearing?

Have you or your Representative sent in a comprehensive submission to the MRT, providing reasons as to why your review should be successful?

It is my professional opinion, that you increase the chances of success at the MRT or RRT, if you provide a well prepared submission to the MRT or RRT decision maker, before the hearing takes place.

What you need to be get ready to supply to the MRT to improve your chances!

For Partner application MRT reviews – the review applicant’s should have been collecting ongoing evidence of the genuine relationship, and this should be submitted to the MRT.

For Employer Sponsored MRT review based on the business or nominated position – this could be for the 457 or RSM or ENS  - the review applicant will need evidence that the business continues to actively operate and still has a need for the position.

For Employer Sponsored MRT review based on the visa applicant’s skills, experience and English Skills – you will need to have your references to prove skills and relevant IELTS at the required level, ready to send to the MRT.

As a general observation – for any MRTs relying on suppling higher IELTS – you should be aiming to achieve the test result as soon as possible, in case your MRT hearing is given a date soon.

With the increase in MRT decisions, it is a good idea to start preparing for a hearing.

Sources:

The Migration Institute of Australia

The MRT:

http://www.mrt-rrt.gov.au/Apply-for-review/Processing-times.aspx

Do You Need Help in with taking a refused visa application to the MRT or RRT?

If you require assistance in relation to the MRT or RRT, we have the experience to give you the best chance of success.

You can contact us through:

 (08) 7225 5091 or +61 8 7225 5091  

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

New Resources are available on the ANMAC website to assist applicants and Registered Migration Agents to prepare skills assessments for Enrolled Nurses.

This is in response to the large number of applications and resulting delays in processing times of skills assessments, which can be in excess of 16 weeks or more.

ANMAC has release the following statement:

“New resources to assist with the submission of supporting documents for migration skills assessments

Background

The Australian Nursing and Midwifery Accreditation Council (ANMAC) assesses the skills of nurses and midwives who want to migrate to Australia under the General Skilled Migration Program. We are the independent assessing authority authorised by law to conduct these assessments by the Department of Immigration and Border Protection (DIBP).

Situation analysis

ANMAC continues to review the migration skills assessment process and implement Quality Improvement strategies. An unprecedented increase in application numbers during the past 12 months has created an additional administrative burden on ANMAC assessors especially where the submission includes incorrect supporting documents and incomplete applications.

A project was undertaken to review of documents submitted for migration skills assessments.

The review revealed common errors among applicants and/or agents with the supporting documentation submitted for an assessment.

Common errors include:

·         Incorrect registration certificates (from Australia, New Zealand and elsewhere in the

world.

·         Misunderstanding the declaration and photograph requirements on the cover letter.

·         Not submitting graduation certificates.

·         Submission of professional references that do not meet ANMAC requirements.

·         Enquiries relating to the process for requesting a certificate of registration status (CoRS) from the Australian Health Practitioner regulation Agency (AHPRA).

New resources available

To continue to process applications in a timely manner, ANMAC has included information and examples for providing the correct supporting documents on the International Services resources page of the website. Applicants and agents are encouraged to use these support tools when gathering supporting documents for migration skills assessments. This will allow the applicant and/or their nominated agent to review the requirements for each document before resubmitting the application.

ANMAC provides specific advice to assist agents and their clients in gathering only the required documents for the skills assessment process. Upon completion of the online application an email is sent to the applicant/agent that has a link to the ANMAC supporting documents information. The new resources will complement the checklists emailed to applicants and/or agents at the completion of the online application.

This project is the latest in a number of developments already undertaken by ANMAC to improve assessment times, including:

·         New website that incorporates a more user friendly interface and articulates

assessment information succinctly.

·         New database to improve information storing and reporting.

·         Increasing number of assessors and support staff.

·         Increasing attendance at Migration Institute of Australia continuing professional development sessions and other stakeholder events to inform agents of ways to minimise barriers to their clients’ assessment process.

·         Checklist for required documents to ensure only those required documents are provided.

·         New policy for returning applications with excessive documentation.

The new resources will reduce the unnecessary administrative burden on the ANMAC

assessors allowing for faster assessment times while ensuring that responsibility for the

submission of correct documents appropriately resides with the applicant and/or their

nominated agent. We appreciate your support and assistance with these new resources. “

The Resources are available through this link:

http://www.anmac.org.au/resources

Warning -This information is accurate on the 09 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:

http://www.anmac.org.au/resources

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.  

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  

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.

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. 

The ACS has announced changes to skills assessments that will effect Australian ICT graduates!

The skills assessment criteria up until the 14 Jan 2014 does not require any experience for Australian Graduates with a Bachelor or higher and an ICT Major.  From the 15 January 2014 to get a full skills assessment for migration purposes Australian Graduates with an ICT Major will need to do a ACS professional year or have one year of work experience.

Here is a summary of the changes, released by the ACS on 28 October 2013:

“The following changes will come into effect on Jan 15, 2014:

· The ACS Temporary Graduate – 485 skills assessment will clearly state that it is specifically for the purpose of applying for a subclass 485 visa application. Applicants with an Australian study component that are applying for a subclass 485 visa will be assessed on the Australian qualification only, based on the completion of the relevant Australian Bachelor degree or higher.

· Applicants with an Australian study component that wish to apply for permanent residency will require either 1 year of relevant work experience or completion of an ACS Professional Year Program to receive a suitable skills assessment which can be used for general migration purposes.

· The ACS Post Australian Study skills assessment is intended to support graduates in applying for permanent residency under the General Skilled Migration or Employer Nomination Scheme after completing an Australian study component.

· The Australian study component is taken into consideration because of the value of studying in Australia and the exposure to Australian culture and language, which in turn places applicants in a better position to be employed in their nominated occupation.

· The work experience or professional year program is assessed for suitability of the full skills assessment and the applicant is considered skilled from the completion date of the relevant Australian degree. The Post Australian Study skills assessment can be used for migration purposes in general.”

What are the Requirements for the ACS professional year?

The professional year must meet the following criteria:

“The PYear Program delivers:

• 44 -52 weeks practical training, face to face study and workshops 
• 12 week hands-on internship with a host company 
• access to networking opportunities and professional development as a graduate member of the Australian ICT industry's professional body 
• on successful completion of a Professional Year program specified by the Minister, a participant may be awarded 5 points under the Skilled Occupation List (SOL)”

Source: https://www.acs.org.au/migration-skills-assessment/professional-year-program

Who is currently providing the ACS professional year?

Education providers that are currently offering products in relation to the ACS professional year include: 

• Navitas - http://www.navitas-careers-and-internships.com/programs/professional-year-program/information-and-communications-technology/
• Swinburne University of Technolgy - http://www.swinburne.edu.au/college/professional-year-programs/

Performance Education - http://www.performanceeducation.com.au/professional-year/professional-year-streams.html

• Professional Pathways Australia - https://ppa.edu.au/professional-year/professional-year-for-it/

Holmesglen - http://www.holmesglen.edu.au/programs/language_centre/professional_employment_programs/professional_year_program_for_computer_sciences

How Much will the professional year cost?

From the courses I have surveyed above, the fees for the ACS approved professional year appear to be in the range fo $11,000 to $13,000 for the course.

Sources:

ACS press release: http://www.acs.org.au/news-and-media/news-and-media-releases/2013/acs-announces-graduate-skills-assessment-application-process-changes

http://www.acs.org.au/migration-skills-assessment

Warning -This information is accurate on the 02 DEC 2013.  

DIBP and the ASC 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 with an ACS Skills Assessment or Visa Application?

If you require further information or assistance with a skills assessment or visa application , 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.

The comments of opposition leader Steven Marshall are reported by Journalist Liam Mannix.  On 27th September at the Urban Development Institute of SA lunch at the InterContinental in Adelaide Steven Marshall said:

“Certainly I will be sitting down with my Coalition federal counterparts as early as I can to talk and to lobby them about preferential immigration status for us here in South Australia,” 

“Yes, some people could say we’ve got that at the moment … and so does Western Australia, which sort of nullifies any advantage that we’ve got.

“The regional status that we’ve got, the advantage that we had for quite a considerable amount of time where we were making up some ground, or at least diminishing our flows out of the state, was really before WA got its own regional immigration status.

“So that’s not the advantage that it was.”

Source:

Marshall to lobby for more migrants LIAM MANNIX 

http://indaily.com.au/news/2013/09/30/marshall-to-lobby-for-more-migrants/

From the 1 July 2013 there will be some changes to the total cost of applying for a visa for Australia. The major changes are:

• The Visa Application Charge (VAC) for the main applicant has increased for some visas.

• There is now a fee for each dependent applicant.

• If there is the option to lodge your visa over the internet and you choose not to lodge this way, you may be charged a fee of $80.

• There is a new fee called the Subsequent Temporary Application Charge which is $700. You may be charged this fee if you are applying for a temporary residency visa listed in Table 1 AND you have previously applied for one of the temporary visas listed on Table 2.  Refer to tables listed at page 4 of this link.

http://www.immi.gov.au/fees-charges/_pdf/visa-pricing-table.pdf

 If this fee is applicable in your situation, then it needs to be paid by each individual in the visa application. You will not be charged this fee if you are applying for a temporary visa from outside Australia, or if this is the first time you are applying for a temporary visa in Australia. This fee does not apply to bridging visas or permanent visas.

Here are three examples of how the new fees are calculated:

Example 1: Application for a subclass 190 skilled – nominated visa for a family with two adults and two children (under 18 years old).

If an applicant over 18 does not have function English a second instalment fee of $4250 will also be charged.

Example 2: Application for a subclass 457 temporary work visa for a couple who are both over 18 years old. This couple are currently holding 457 visas that they applied for in Australia. 

They are therefore required to pay the subsequent temporary application fee for each application.

Example 3: Application for a subclass 820/801 partner visa for an adult and one child under 18 years old.

Need Help?

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

This information is accurate on the 6 July 2013.  DIAC will change visa charges regularly and you will need to check the current charges prior to lodging an application.