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Partner Visas Subclass 820, 801 and 300 Updates

Partner Visas remain one of the most common methods of permanent migration to Australia. Each year, approximately 45,000 people migrate to Australia on the basis of a partnership with an eligible sponsor for Australian migration. There are three main types of partner visas. The first is for married couples, the second is for defacto couples, the third is the prospective marriage visa which is also known as the fiance visa. For all of these types of visas, the requirement for sponsoring partner is that they are an Australian citizen, Australian permanent resident or an eligible New Zealand citizen. The predicted trend is also that partner visa applications are also predicted to rise in the future years and for this reason the government projecting upwards of 50,000 partner visa applications being granted every year.

What do you need to be able to get a partnership visa?

Apart from being in a relationship with the categories of people referred to above, the relationship must be genuine and ongoing. You must live with your partner or, if you do not, any separation must be only temporary. Both parties must freely consent to the relationship.

You might be able to be granted this visa if:

your relationship breaks down and there is a child of the relationship
your partner dies and you can show that your relationship would have continued if your partner had lived and you have close business, cultural or personal ties in Australia
your relationship breaks down and you or members of your family unit have suffered family violence.

De facto applicants

Usually your de facto relationship must have existed for at least 12 months before you apply for this visa. Time spent dating does not count towards a de facto relationship. In some circumstances, you can also get a partner visa with a relationship shorter than 12 months if you can demonstrate compelling and compassionate circumstances, such as having dependent children or where your de facto relationship has been registered in Australia.

You also need to meet the standard health and character requirements for permanent residency in Australia which are common to all forms of permanent residency in Australia.

Requirements for Sponsors of Partner Visa Applications

There are some basic restrictions on partner visa sponsors. Generally, you cannot sponsor someone for a partner visa if you yourself were sponsored for it in the last 5 years. Also, if you have already sponsored two people for partner migration to Australia, you are unlikely to have a third sponsorship application granted. And if you sponsored someone in the last 5 years, you will also be unlikely to be able sponsor someone again.

Migration Pathways For Employer Sponsorship 457 and Subclass 186

What is the 457 Visa?

The 457 is a temporary work visa granted to people that have a sponsorship from an eligible Australian employer. It is a very common pathway for the achievement of permanent residence when it is coupled with the Employer Nomination Subclass 186.

It it possible to gain employment through the 457 skill select system by submitting an expression of interest to the skill select system. This makes your application available to employers to look at and can result in an offer of a job and an employer nomination for your visa.

Applying for a 457

To apply for this type of visa, you must be nominated to work in an approved occupation on the Skilled Occupation Lists and meet the skill requirements for the nominated occupation as well as the registration and licensing obligations. You need to have a nomination from an approved business and prove that you can speak vocational English as proven by an IELTS result above 5. To show that you have the relevant skills, you may need to submit a skills assessment or evidence of your professional licensing in conjunction with employer references. People with passports from from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America are exempt from the English language requirement.

You will also need to pass health examinations which are valid for 12 months from the time that they are done. A person on a 457 Visa is responsible for all their own medical expenses while they are in Australia because they are not eligible for Medicare unless their country has a reciprocal health care agreement with Australia. Usually, there is a need to have health insurance to cover the gap where there is not any Medicare cover available which is the most common scenario. You also need to make sure that you have met the character requirements for the visa.

Permanent Migration through the Subclass 186

Once you have been in Australia for longer than 2 years, it is possible to make an application with the Employer Nomination Subclass 186 Visa which is the most common way that people on 457s become permanent residents. Because most people on a 457 visa do not change their employers, the employer is happy to arrange sponsorship for the Subclass 186 Employer Nomination Visa after a worker has been with the business on a 457 visa. It can aid the business because the person has a proven record of working with the business and if they gain the security of having permanent residency, this aids the business with retention of valuable staff.

If you would like more information about using the 457 Visa as a pathway to permanent residency, we have a number of lawyers that are experts in this field who can assist with the process.

Temporary Graduate – Subclass 485 Visa

For those finishing University Studies, the temporary graduate visa subclass 485 is an ideal potential path to permanent residency. It allows you to remain in Australia for up to 4 years and is split into two streams. The two streams are the Graduate stream and the Post-Study Work Stream.

Graduate Stream

The first stream is the graduate work stream which is for students from overseas with a qualification that is relevant to an occupation on the Skilled Occupations list. This is the more restrictive of the two visas to apply for as it requires a skills assessment to be completed by the applicant. The graduate stream allows a person to remain in Australia for up to 18 months after they have studied.

The Post-Study Work Stream

The post study work stream is for international people who have a higher degree from an Australian education provider without any test placed upon their field of study. It is only available to students who received a student visa after 5 November 2011. This part of the temporary graduate stream can last for as long as four years depending upon the qualification obtained by the student. When making an application for this visa, you have to be located in Australia and you also have to be in Australia when the visa is granted.

In cases where a person has a no further stay condition placed upon their visa, they can apply to have this Visa condition waived in order to take up the temporary graduate visa subclass 485. This is a visa of much increasing popularity and it is very common for people to complete their studies at an Australian University and then find employment relevant to their field which mean that they then need to stay in the country for a longer period with full rights to work, study and travel which this visa does allow. Because it also facilitates the development of work experience in their chosen field, this visa is a common path way to permanent residence for students who need to boost their work experience component on the points test for general skilled migration.

Impact of the 4020 Rule On A Visa Application

What is the 4020 rule?

The 4020 rule is a condition placed upon visa applications which can have devastating consequences for the right of a person to stay in Australia in the longer term. It was introduced on 2 April 2011 and amended the regulations of the Migration legislation so that a public interest criterion could be added to Visa applications. It contains a 3 year bar on applications from an applicant where they have previously submitted ‘bogus’ documents in a visa application as defined in the legislation.

What can you do if the 4020 rule has been used in relation to your Visa application?

The decision to impose a 3 year ban and refuse a visa application on the basis of the submission of bogus documents is a decision that is re-viewable before the Migration Review Tribunal and can also go for judicial review before the Federal Court of Australia. However, it is a very high hurdle to get over in order to prove that the ban should not have been imposed by the department of immigration. The ban is usually only imposed in cases where it is clear that the documents submitted have were not genuine. Relevantly, the state of mind of the applicant has no bearing on whether the documents are considered bogus or not. So it is technically possible to unknowingly submitted a ‘bogus’ document to the department and still have the three year ban imposed on further visa applications. Notably, the activation of the 4020 rule also poisons the applications made by any member of your family.

If you have had the 4020 public interest criterion raised against you visa application, there are a number of things that you can do. Firstly, the department will normally allow you 28 days to respond to the allegations regarding the imposition of the ban. It is also possible to argue for a waiver of 4020 rule on the basis of:

– compelling circumstances that affect the interests of Australia
– compelling or compassionate circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen

If you would like to consult with us in relation to the imposition of a 4020 rule, we have lawyers available that are experienced with the operation of this provision of the migration law and can advise you in relation to your appeal rights and options.

Scott Morrison Annouces Planned Changes to the Significant Investor Visa

Immigration Minister Scott Morrison has announced a planned reform to Australia’s Significant Investor Scheme. Currently, the scheme simply requires that $5 million is invested in Commonwealth, state or territory government bonds or ASIC-­regulated ­managed funds or invest directly in an Australian proprietary company. However, the new minister for immigration has promised that a range of other investments will become available under the changes currently being planned by the government. At the moment it takes 9 months for these visas to be processed but the minister wants this drastically reduced because the long processing time is putting off would be SIV applicants and causing them to look for alternatives in other countries.

The minister also highlighted that Australia needs to be able attract migrants who have demonstrated great skills of entrepreneurship and have the potential to grow and expand the economy, create jobs and increase the wealth of Australia and its future generations. It was also highlighted that there is a need for the visa to allow citizens to emigrate to Australia whilst remaining free to operate businesses which almost certainly have a global dimension. The government is outlining a scheme to ensure that the department of immigration’s capacity to assess these visas is also increased to avoid delays in processing.

We are pleased to be able to offer premium immigration services to those looking to immigrate to Australia on the basis of a significant investor visa. Our firm has a long experience of the immigration system and we have staff fluent in a variety of languages to assist clients with the migration process.

Rand Rescue Comes To The Aid Of Trapped Savings in South Africa

We are pleased to announce a new partnership with our friends at Rand Rescue who specialised in liberating savings trapped by the mountain of government regulation in South Africa. There is a long history of immigration from South Africa to Australia and our South African clients have almost made it clear to us that one of the great difficulties with leaving South Africa is knowing what will happen to your savings when you leave because of the immensely restrictive foreign exchange laws in operation in South Africa.

We are pleased to have been able to form a personal relationship with the founder of the business, Mr Rudi Stander, who is consummate veteran of the banking and foreign exchange industry. The core values of the business are to provide practical, swift and cost effective solutions to South Africans wanting to be re-united with their funds. They also assist with the liberation of funds from other jurisdictions although their speciality is in the South African market.

Contact:

info@randrescue.com
Web: http://www.randrescue.com

Phone:

(New Zealand): +64 9 972 0857
Address: 18 Canaveral Drive, Albany, North Shore 0632

Recent Changes to General Skilled Migration to Australia

There are some major changes Occurring in relation to General Skilled Migration to Australia at the moment. The visas that used to be used with the relevant subclass numbers are being retired:

Skilled – Sponsored (Residence) Visa (Subclass 886)
Skilled – Independent (Residence) Visa (Subclass 885)
Skilled – Regional Sponsored (Provisional) Visa (Subclass 487)

From 1 January 2013, the Australian department of immigration will not accept applications for the visa subclasses above. However, these visa classes have been replaced by a number of other virtually identical visas which are now known as the ‘skill select’ system. The skill select system is designed to more efficiently identify people for migration to Australia and integration into the Australian economy. The new visas under skill select include:

Skilled Independent (subclass 189) visa

Points-based visa is for skilled workers who are not sponsored by an employer, a state or territory, or a family member. A visa holder can live and work permanently anywhere in Australia. Certain family members can be included in the application.

Skilled – Nominated (subclass 190) visa

This points-based visa is for skilled workers who are nominated by a state or territory. A visa holder can live and work permanently anywhere in Australia. Certain family members can be included in the application.

Skilled – Nominated or Sponsored (Provisional) (subclass 489) visa

This points-based visa is for skilled workers who are nominated by a state or territory or sponsored by an eligible relative living in a designated area in Australia. The visa is valid for four years, and a visa holder must live and work in a specified regional area. Certain family members can be included in the application, including members not included in previous subclass 495, 496, 475 and 487 applications.
This visa allows holders of provisional visa subclasses 495, 496, 475 and 487 to stay in Australia for up to 48 months from the date their current visa was granted.

Subclass 457 visa

Work in Australia for up to four years. Bring your family to work or study in Australia. Travel in and out of Australia as often as you want. This is a sponsored visa. Before you can apply for the visa, your employer must:

become an approved sponsor
nominate you for a position.

Employer Nomination Scheme (subclass 186)

This visa is for skilled workers from outside Australia or skilled temporary residents who live and work in Australia.

Regional Sponsored Migration Scheme (subclass 187)

This visa is for skilled workers from outside Australia or skilled temporary residents who live and work in regional Australia.

Business Talent (Permanent) (subclass 132) visa

The Significant Business History stream is for affluent owners or part owners of a business who want to have a major management role in a new or existing business in Australia. The Venture Capital Entrepreneur stream is for people who have obtained at least AUD1 million in funding from an Australian venture capital firm.

Business Innovation and Investment (Provisional) (subclass 188) visa

The visa has three streams. The Business Innovation stream is for people who want to own and manage a new or existing business in Australia. The Investor stream is for people who want to make a designated investment in an Australian state or territory and want to maintain business and investment activity in Australia after the original investment has matured. The Significant Investor stream is for people who are willing to invest at least AUD $ 5 million into complying investments in Australia and want to maintain business and investment activity in Australia after the original investment has matured.

Business Innovation and Investment (Permanent) (subclass 888) visa

The Business Innovation and Investment (Permanent) visa (subclass 888) is the second stage of the Business Innovation and Investment (Provisional) visa (subclass 188). You can apply for it after you have fulfilled the requirements of your provisional visa.

The Business Innovation stream is for people who continue to own and manage a business in Australia
The Investor stream is for people who want to maintain business and/or investment activity in Australia after the designated investment has matured. The Significant Investor stream is for people who are willing to maintain business and investment activity in Australia after the original complying investment has matured.

My Immigration Lawyers Announces New Partnership With TWA Horizon in Saudi Arabia

My Immigration Lawyers is pleased to announce a new international partnership with expert migration consultants in Saudi Arabia:

TWA Horizon
CR#4030235514

Jameel Square Office Building
Office #107
Al Thahila St
Jeddah, Saudi Arabia
T: (+966) 920002980

Together, our two companies intend to be able to provide migration services across the full spectrum of visas including general skilled migration, partner visas, business visas, significant investor visas, student visas all other common types of visas for which you may wish to apply. Because of Australia’s strong education system, there is a long history of a strong relationship between Australia and Saudi Arabia with over 8,000 Australian student visas granted to Saudi Arabian Citizens in the previous financial year. Australia is also a significant importer of Saudi Arabian oil and petroleum products.

Relationship between Australia and Saudi Arabia

Almost 5,000 people travel from Saudi Arabia to Australia on Tourist Visas every year, also, there are more than 3000 Australians working in Saudi Arabia on projects to do with health education and on other specialities. There is a Memorandum of Understanding on Higher Education between Australia and Saudi Arabia and some similar experiences related to the climate, limited populations, large distances between cities and abundance of natural resources. The two countries share a dominance of the commodities markets but for different products with Australia having an abundance of Iron Ore, Coal, Uranium and Natural Gas and Saudi Arabia holding over 20% of the world’s oil reserves as well as substantial deposits of natural gas.

Over 12,000 students from Saudi Arabia are currently studying in Australian educational institutions at all levels of the tertiary system. There is also a very generous scholarship program in place from the King Abdullah Scholarship Program to support Saudi students to study overseas in foreign Countries such as Australia. The Saudi Government also provides considerable social support, in addition to financial assistance, to meet the needs of its students studying in Australia, and has established the Saudi Arabian Cultural Mission (SACM) under the aegis of the Royal Embassy of Saudi Arabia and the Saudi Ministry of Higher Education. SACM’s regional office for the Asia- Pacific region was moved to Canberra in 2004, and sees to the interests of Saudi students; it monitors their progress and helps them to overcome issues that may impact their lives and impede their studies.

Australian Government Adopts Extended Policy Of Multiculturalism

A new Australian government program is being adopted which will give multicultural groups greater access to government services by customising the programs to fit multicultural groups. A plan which was recently unveiled was announced by the government spokesperson and justified on the groups that a wide variety of these programs should be available to people living in Australia from all multicultural backgrounds.

The changes are the result of a thorough review and subsequent publication which commented on the situation and has resulted in the requirement that all government agencies are now required to prepare an agency multicultural plan. The plan is part of a policy on behalf of the Rudd led administration to foster a social environment where people of all national origins are accepted and included in Australian society.

The philosophy of multiculturalism in Australia can be traced back to the 1980s and the days of the Hawke-Keating Labour government which was the first to use the term in a political context to describe ta vision of a society integrated along ethnic and cultural lines despite being very diverse in its origins. To varying degrees, across the decades since the policy has been implemented and resulted in Australia being recognised as having a relatively high level of acceptance of people migrating from foreign countries.

Australia’s appeal to migrants remains strong with the issuing of student visas for study in Australia being one of the main avenues of entry into the country. The main sources of migrants for Australia are India, China and the United Kingdom. Australia’s strong educational institutions and economy which is perceived as being capable of providing economic opportunities are the main reasons that people choose to resettle in Australia.

Guide to Studying in Australia and Getting a Student Visa

Why Study in Australia?

As a proportion of its overall population, Australia has the greatest number of international students in the world. For its population, Australia also has the largest number of the worlds top 100 universities of any nation. In fact, Australia is ranked number eight in the world for its Tertiary Education System on an absolute basis. In 2012, over 500,000 students from overseas enrolled to study in Australian Universities.

Also, there are a number of indications that the living environment for students in Australia is excellent when you look at the top rated cities in the world for students. This analysis was based on a combination of factors like the availability of accommodation, quality of living standards and job prospects subsequent to graduation. There are also a number of scholarships provided by the Australian government to international students.

The breadth of subjects available to study in Australia is also vast. In the humanities, sciences, technology, medicine and law there is at least one university operating at the highest possible level globally located in Australia. There are nearly 3 million people living in Australia who were once international students but subsequently settled and found work in Australia. Some of the examples of innovations from Australia which have improved the lives of millions of people around the world include wifi, penicillin, IVF, the bionic ear, black box flight recorders and the vaccine for cervical cancer.

What do you need to study in Australia?

If you are considering pursuing your education in Australia, you will need to think about the requirements that this country and most universities have for studying here.

The first is that you will usually need to be able show that you have a sufficient level of English when assessed against the IELTS standard. The only exception to this may be when you are applying from a country where the native language is English. This is usually both a requirement of the student visa system and the University entry requirements in place with most universities.

The next thing that you will need to think about is what level of academic qualification you will need to have to gain admission to the course that you want to study. You need to consult the requirements of the course provider for the course that you intend to enrol in and carefully examine whether you meet the requirements. Also, course providers will almost always provide information about entry into the course to prospective students. Most courses require at least a basic grasp of English. Different courses will also have different requirements relating to school attainment, prior tertiary education, work experience, professional qualifications and vocational training.

What Visa Do You Need?

There are a variety of different student visas for different types of courses. However, you will need a few general items such as an electronic Confirmation of Enrolment (eCoE) certificate, proof of funds available for airfares, course fees and living costs, English language test scores, a health test, a police check and suitable student health insurance. We can assist with the process of obtaining a visa and if you are interested in applying for a student visa to Australia please do not hesitate to contact us using the contact form at the top right of this page.