The Department of Home Affairs offers Status Resolution Service (SRS) to help people who need assistance in resolving their immigration status. This assistance is only supplementary to the material that is already available on the Department’s website. Usually, a Status Resolution Officer may tell you the rules and what is generally required to obtain a visa but not guide you step by step in terms of what needs to be done to fulfil the visa criteria. A Status Resolution Officer may be able to assist in: addressing any concerns preventing your case resolution; providing clear information (information only not migration advice) about your migration pathway or options to leave Australia; and connecting you with the Status Resolution Support Services (SRSS) to provide you with temporary needs-based support or the Return and Reintegration Assistance Program service providers to explore your options to leave Australia. Please know, that the Officer may only help you with the general questions and if there is any problem with your application. If you are looking for migration advice, eligibility advice or step by step guidance for your visa application and procedure, it is highly advisable to contact a Registered Migration Agent. Status Resolution Support Services Program The Status Resolution Support Services program provides approved persons with temporary support if you are unable to support yourself while resolving your immigration status including financial, accommodation, access to health care, access to education for school aged children, case worker support, and case management. They focus on status resolution either through staying in Australia with substantive visa or leaving Australia. The Department delivers SRSS through contracted service providers which may differ from State to State. For example, in New South Wales and Australian Capital Territory SRSS is provided by Life Without Barriers and Settlement Services International. Return and Reintegration Assistance Program The Return and Reintegration Assistance Program service is provided by the International Organization for Migration (IOM) and Homeward Return Program to assist you in returning home if you are living in Australia on a bridging visa, a temporary visa, without a valid visa or if your visa has expired. This service may assist by: providing counselling and information to leave Australia; arranging any travel documents, including passports; helping book your travel return tickets; and arranging support upon your arrival in your home country in form of reintegration assistance, if eligible, including finding work, accessing skills training and education, starting a small business, and/ or finding rental and accommodation assistance. If you are seeking migration advice and step by step guidance for a visa application, visa expiry or visa extension to stay in Australia, Contact Us today or call us on (02) 4626 100 to speak to one of best migration agents in Sydney who can help you stay lawfully in Australia or leave lawfully from Australia.
Migration agencies and organisations across Australia are warned against a suspicious email with subject line, “Legal Migration services sent you "PO-09514.pdf” sent from email ID, “legal.migrationservices@outlook.com”. Australian migration industry has been cautioned regarding a phishing email attempting to collect personal information such as usernames and passwords from various migration agents. Anyone who has received such email should refrain from providing any information or clicking on any link provided in the email and wherever possible, report the email as spam or malware.
According to sources, the Department of Home Affairs may no longer include costs of certain disability services provided by States/ Territories to temporary visa applicants with disability or health condition while calculating costs under the health requirement visa condition. Most visas have attached condition of meeting health requirement to be eligible for the visa. For temporary visa holders mainly, International students, temporary workers and international tourists with disability or health conditions this requirement created a bar from being granted a visa through addition of hypothetical cost of state disability services to the tune of AUD $49,000 during the stay. The Department is considering to not take state disability services into account while assessing these temporary visa applications to facilitate the grant of visa. However, no formal changes have been made in the policy documents as on date.
The occupation, Retail Pharmacist (ANZSCO 251513), which is currently available on the GOL (Graduate Occupation List) for State Nomination under Skilled Nominated visa (subclass 190) or Skilled Work Regional (Provisional) visa (subclass 491) is no longer considered a ‘Regional WA only’ occupation from 24 April 2020. For nominations in ‘Regional WA only’ occupations, candidates are required to provide evidence of a job offer or contract of employment in a regional location as defined under Category 3 – Regional Centres and Other Regional Areas not including Perth and Mandurah. Henceforth, for nomination under the occupation ‘Retail Pharmacist’ (ANZSCO 251513), candidates can provide evidence of six months full time permanent or fixed-term employment contract from any location within Australia, along with meeting the other requirements for Graduate Stream nomination.
The Department has provided revised average visa applications processing time as impacted by changes in volume of applications, temporary peak and complexity of cases, as on 20 April 2020. Visa processing times of some visa subclasses are as under: [table td1=”Visa Subclass” td2=”Processing Time of 75% of Applications” td3=”Processing Time of 90% of Applications”] [td1]Partner Visa (subclass 820)[/td1] [td2]24 months[/td2] [td3] 29 months [/td3][td1]Employer Nomination Scheme visa (subclass 186) – Direct Entry Stream[/td1] [td2]4 months[/td2] [td3] 6 months [/td3][td1]Temporary Skill Shortage Visa (subclass 482) – Medium-term Stream[/td1] [td2]32 days[/td2] [td3]56 days [/td3][td1]Training Visa (subclass 407)[/td1] [td2]4 months[/td2] [td3]5 months[/td3][td1]Temporary Work Activity visa (subclass 408) – Various Streams[/td1] [td2]5 days[/td2] [td3]4 months[/td3][/table] To access the full list on the Department’s website, click here.
OMARA (Office of the Migration Agents Registration Authority) publishes its bi- annual Migration Agent Activity Report for the period 01 July 2019 to 31 December 2019 on its website. OMARA prepares half-yearly report on the provision of immigration assistance in Australia including information about Registered Migration Agents, complaint processing by the OMARA with their outcomes and sanction decisions made by the OMARA for the relevant period. According to the Report, Registered Migration Agents have lodged 80% of Temporary Skill Shortage Visa applications, 87% of Employer Sponsored Visa applications, 74% Business Skills Visa applications and 17% of Permanent Protection Visa applications. To access the full report, click here.
The Migration & Refugee Division of the AAT has issued COVID-19 Special Measures Practice Direction dated 27 April 2020 (“the Direction”) in pursuance of Section 18B of the Administrative Appeals Tribunal Act 1975 (AAT Act) with effect from 29 April 2020 . Vide the Direction, changes have been made to the operations and procedures of AAT’s Migration & Refugee Division including registry and lodgement of documents with signatures, priorities for cases, pre-hearing process, requests for expedited decision, preparing for AAT hearing and use of technology. As per sub-clause 1.3 of the Direction, it “applies to all applications, whether lodged before or after this date, and remains in effect until it is superseded or revoked.” Detailed COVID-19 Special Measures Practice Direction can be accessed here. To see Associated Factsheet released by the AAT, click here.
Bridging Visa E (Class WE) is one of several bridging visas which allows an unlawful non-citizen to remain lawful in Australia when they do not hold a substantive visa under certain circumstances. An unlawful non-citizen is a person who continues to stay in Australia without a valid visa for reasons such as visa expiry, visa cancellation, visa refusal or such other circumstances. There are two subclasses of Bridging Visa E, Bridging E (General) (Subclass 050) and Bridging (Protection Visa Applicant) (Subclass 051). This blog discusses Subclass 050 visa hereinafter referred to as ‘BVE’. BVE is a temporary visa which allows an unlawful non-citizen to remain in Australia temporarily for a specific purpose for following circumstances. Circumstances for BVE Application You voluntarily present yourself as an unlawful non-citizen to the Department. You are located by compliance action team as an unlawful non-citizen. Your visa was refused, including any family members. Your visa was cancelled, including any family members. Your visa refusal or cancellation decision was affirmed by a review authority. Your protection visa was refused previously. Your student visa was cancelled automatically, including any family members. You are in criminal detention. You had your citizenship application refused, including any family members. You are an unauthorised maritime arrival or irregular air arrivals released into the community. The situation has become increasingly alarming in context of ongoing Coronavirus (Covid-19) pandemic which has brought the world to a standstill and directly affecting many temporary visa holders as there are many cases of visa expiry and visa cancellation due to closing down of borders and severe travel restrictions worldwide. The next question is, who is eligible to apply for this visa? Eligible Non-citizens for BVE Applications If you have been immigration cleared; or If you bypassed or were refused immigration clearance on or after 1 September 1994 and have not been granted a substantive visa or entry permit since and have not come to notice within 45 days of entering Australia; or If you last held a student visa that was cancelled and have been refused immigration clearance. Conditions to Apply for BVE You must be in Australia but not in immigration clearance. If you are in immigration detention, the detention review officer must be informed of the application. You have previously NOT held a Bridging Visa E that was cancelled for engaging in criminal conduct or breach of signed code of behaviour imposed by public interest criterion. You have previously NOT held a visa that has been cancelled on a ground of criminal conduct. Please know, there is no visa application charge by the Department for lodging a BVE application. If you continue staying in Australia without a valid substantive visa or a bridging visa, you may face some serious consequences including detention and removal from Australia. Thus, it is advisable to apply for BVE as soon as your visa is expired, or is refused or cancelled by the Department, or you are in any of the above mentioned situations, to maintain your lawful status in Australia. If you do not do so, your status will be considered as unlawful which may affect your ability to be granted a future visa. Lastly, you may be able lodge a valid application for a substantive visa, if you are eligible, at the same time and on the same form as your BVE application. You can also combine your BVE application with applications of your dependents who are members of the family unit. If you are stuck in any such situation or are facing issues of visa expiry, visa cancellation, visa refusal or any other migration related matter, call us on (02) 4626 100 to discuss your situation or Contact Us so that one of our Registered Migration Agents can help you with your BVE application.
Australian Capital Territory (ACT) allows requests for waiver of the ‘continuous employment’ eligibility criteria for 491 / 190 Nominations for impacted applicants under the circumstances of travel ban, mandatory self-isolation requirement, business closures or reduced working hours in response to COVID-19. An applicant who is invited to apply for ACT 491 / 190 nomination may request for a COVID -19 waiver. This request must be made in writing and must be submitted along with supporting documentation as an attachment to the nomination application.
In South Australia, bridging visa holders hit by Section 48 bar will not be nominated for Subclass 491 visa if the application for state-nomination is submitted on or after 21 April 2020. Accordingly, the applicants are advised to submit the nomination application only when they “are able to lodge a valid visa application offshore”. The 491 applicants who are on bridging visa and had a visa refused or cancelled must notify Immigration SA of such refusals or cancellations if they have received invitation to lodge the visa application. Under these circumstances, the applicant is probably hit by Section 48 bar and accordingly is not eligible to lodge their state nominated visa application from Australia. Usually, the applicants would leave Australia to lodge their visa application from outside Australia and then return to Australia. However, due to current travel restrictions during COVID-19 pandemic, it is not possible for applicants who are temporary visa holders to return to Australia for the time being. Thus, they are not eligible to lodge the visa application. For nomination filed before 21 April 2020, Immigration SA will hold such applications until 30 June 2020, however, you must notify Immigration SA if you are unable to travel offshore to lodge a valid visa application.