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ACT Invitation Round 36

Invitation date: 21 April 2020 ACT 190 Nomination – Invitations Issued: 171     All Matrix submitted: 95 to 70 points ACT 491 Nomination – No invitations were issued as there are sufficient 491 applications in the queue to meet the May 2020 monthly allocation of 491 nomination places. All matrix expire 6 months after submission date if an invitation is not issued. The next invitation round is scheduled to be held by 08 May 2020.

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AUD $3 Million Relief Package to Temporary Visa Holders in Tasmania During COVID-19

Tasmanian Government brings relief to 26,000 temporary visa holders who are stuck in the state during COVID-19 (Coronavirus) pandemic. State Premier, Peter Gutwein, has announced AUD $3 million package to support people who demonstrate immediate financial hardship. Temporary visa holders have been recognised to be contributing to the state’s economy and it was “only fair” to offer support to these people in times of need. Visa holders mostly comprise fruit pickers, students and hospitality workers. The relief is expected to roll out in 4 phases: Phase 1:     Eligible temporary visa holders may be able to claim relief of AUD $250 for individuals and AUD $1,000 for families. Phase 2:     Emergency relief funds to non-governmental organisations (NGOs) that support temporary visa holders. Phase 3:     Financial support to assist workers in returning to their home country when practical. Phase 4:     Help employers retain workers in the state, if necessary. State Premier, Peter Gutwein said, “It’s important we support these people who’ve been working in our community earning an income and this package will take the steps necessary to do that”.

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BSMQ Extends Support to Migration Partners During COVID-19 Pandemic

BMSQ (Business and Skilled Migration Queensland) prioritises to support key migration partners during COVID-19 to maintain strong relationships and ensure that Queensland Queensland’s economic competitiveness in the global markets is primarily driven by migrant investment and business opportunities. Thus, BSMQ representatives have taken initiatives to provide updates to international stakeholders/ partners on the current investment climate in Queensland and the current BSMQ criteria to attract foreign investments through the migration program.

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Restrictions for Australians to Leave from Australia During COVID-19

Restrictions for Australians to Leave from Australia During COVID-19 While temporary visa holders may still be able to leave Australia and go back to their home country where practical, the Government has imposed overseas travel restrictions on Australian citizens and permanent residents. Only if your travel falls under any of the below mentioned categories, you may be able to seek a travel exemption from the Commissioner of ABF (Australian Border Force) to be allowed to travel: To respond to the COVID-19 outbreak; To conduct critical industries and business; To receive urgent medical treatment (not available in Australia); To attend urgent and unavoidable personal business; To serve the national interest; For compassionate or humanitarian grounds. You should apply for an exemption at least 48 hours before your intended departure time by filling the online ‘COVID-19 (Novel coronavirus) request to travel form’. Without the exemption, you may not be allowed to travel.

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Updated Online Form regarding COVID-19 Pandemic Event visa

Vide the Migration (LIN 20/122: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020 dated 3 April 2020, the Australian Government has added COVID-19 Pandemic as a new event for the Government Endorsed Event stream under the standard Temporary Activity Visa (Subclass 408) program as the “visa of last resort”. We will be happy to assist clients if they need to apply for this to maintain their lawful status. The Department of Home Affairs has updated the online form for lodging an application for the COVID-19 Pandemic visa and accordingly, visa applicants who are not working in critical sectors will not be required to provide employment details. Only the applicants working in critical sectors must attach evidence of employment in their visa applications. The Department has also released related FAQs for the visa applicants which, interalia, provides that COVID-19 Pandemic visa may be valid for up-to 12 months.

Transiting through Australia? All that you need to know during COVID-19!
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Transiting through Australia? All that you need to know during COVID-19!

Under normal circumstances, you must lodge an application for a Transit Visa (Subclass 771) to allow you to transit through Australia and stay for up to 72 hours before catching your flight. However, you need not apply for 771 visa if you already hold a valid visa in Australia or are eligible to Transit Without a Visa (TWOV). Eligibility for Subclass 771 Visa You must leave Australia within 72 hours. You must meet health and character requirements You must have adequate health insurance. You must be outside Australia at the time of visa application and at the time of decision on your application . But nothing is normal about this COVID-19 situation! Due to travel restrictions, both international and domestic, in response to Covid-19 the Government requires that all passengers transiting through Australia must also seek a travel restriction exemption from the Commissioner of the ABF (Australian Border Force) to be allowed to do so. The application for such exemption must be made online through the COVID-19 (Novel Coronavirus) enquiry form on the Department’s website. You must fill the form with required details such as purpose of transiting through Australia, intended travel date, arrival and departure flight details, list of countries visited in last 14 days, your personal information and passport details. If you do not seek an exemption, you will not be allowed to transit through Australia. Further, if you are unable to depart from Australia on the same day (8 hours) as your arrival, irrespective of the Commissioner’s exemption, you may have to undergo isolation in the designated facilities of respective States or Territories to meet their isolation requirements. It is then the prerogative of respective States or Territories to consider granting exemption from their mandatory isolation requirements. Exemption for New Zealanders and Pacific Islanders New Zealanders and Pacific Islanders (citizen of a Pacific Island Forum country, Timor Leste citizen or resident of New Caledonia or French Polynesia) transiting through Australia DO NOT need to apply for a transit exemption if: Your transit though Australia is on your way to or from New Zealand or a Pacific Island Forum Country, and Your booked flight is departing from Australia within 72 hours of your arrival, and Your outbound connecting flight is departing from the same state or territory of Australia as your arrival flight. If your connecting flight requires you to be in Australia for more than 72 hours of your arrival, you must also apply for an exemption to the ABF Commissioner. This exemption application must be made online through the Department’s website. Thus, it is in your best interest to transit through Australia on the same day, holding a valid visa and a travel restriction exemption, wherever required. Also know that there is no visa application charge for lodging a 771 visa application. If you are seeking assistance to transit through Australia or need help in applying for travel restriction exemption, Contact Us today or call us on (02) 4626 100 to speak to one of our Registered Migration Agents who can help you with your situation.

Bridging Visa E
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To assist clients all the way from detention centre to legally depart the country lawfully

Your client is in immigration detention, and they have no more options left to legally stay in Australia. How can you assist them? The best way to achieve optimal results for your client would be to make an application for a Bridging Visa E on departure grounds [Schedule 2 Clause 050.212(2)] If your client can obtain a Bridging Visa and is therefore able to leave the country as a lawful non-citizen they will not have to be removed. As well, this means they will have a better chance of re-entering Australia, provided of course that they can make a valid visa application. However if they can’t obtain a Bridging Visa because their visa has been cancelled or refused they will have to remain in detention until they are removed. What if your client is unlawful, but has not yet been detected? You will need to counsel them to attend an immigration office as soon as possible, with their valid passport, and a current airline ticket, to make an application for a Bridging Visa on departure grounds. It is important that you ensure your client understands that if they go to the airport without a valid visa they may be questioned and detained by border officials. In the worst case scenario they risk being removed involuntarily from the country as an unlawful non-citizen. Under section 210 of the Migration Act any person, except those on a criminal justice visa, who is removed or deported must repay all the costs of their removal or deportation. An unlawful non-citizen who requests in writing to be removed, and the request is approved, is considered to be a voluntary removal. If they do not require a security escort, or medical, or welfare escorts then they can be removed unescorted. On the other hand, a non-citizen who has not made a written request to be removed, is known as an involuntary removal. If they pose a high security risk, or require medical, or other escorts, then their removal must be escorted. All unlawful non-citizens are required to be removed as soon as reasonably practicable. An officer of the Department also has the discretion to remove the spouse or defacto partner of a non-citizen who has been removed from Australia. Assisted Voluntary Returns (AVR) services are available to assist Bridging Visa E visa holders who may need assistance and support to leave Australia. If you think your visa has expired, or your visa is about to expire, or you are not sure of your immigration status, don’t put your future or your family at risk because you haven’t got the facts. At Migration Centre of Australia we are experienced in handling highly complex and sensitive matters, and we have some of the best immigration agents in Sydney. Call our Registered Migration Agents 02 46261002, or email admin@mckkrs.com.au.

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International students ready to fill critical staff shortages in aged care

We know that international students have work restrictions which comes down to 40 hours a fortnight. There is a change in that restriction as discussed by Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alan Tudge recently. Especially at Aged care centres where international students are currently working , there will be a provision where these providers offer more hours to the students to ensure the care of senior and more vulnerable Australians is addressed. Similar flexibility will be provided to supermarket workers so that shelves are stocked up with essential items despite the fact there is shortage of workers. These measures will be administered by the Department and are offered to existing employees for the time being. However, Providers are still required to abide by all relevant Australian workplace laws. Students have the same rights under Australian workplace law as all other employees. These announcements elaborate existing temporary arrangements relaxing visa work conditions to the aged care sector, applying to both residential and home care.

What are the eligibility requirements of the Adoption Visa (subclass 102)?
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What are the eligibility requirements of the Adoption Visa (subclass 102)?

What, then, are the eligibility requirements for the adoption visa? First, the adoption has to be in the best interests of the child. Second, there has to be an eligible sponsor (AUS Citizen/PR) – this is the adoptive parent/s. Third, the child must be under at 18 at the time the decision is made on the visa application. And of course, the primary factor determining whether or not the visa will be granted, the adoption itself. There are 3 principal methods of adoption: Have been or be in the process of being adopted through an intercountry adoption or arrangement with the involvement of an Australian state or territory central authority; OR Have been or be in the process of being adopted through an intercountry adoption between 2 countries, other than Australia, that are parties to the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption , OR Have been adopted through an adoption that did not involve an Australian state or territory central authority. This is also called an expatriate adoption. The adoptor must be an Australian citizen, an eligible New Zealand citizen or the holder of an Australian permanent visa. And they must have been living outside Australia for more than 12 months before lodging the visa application . If one of the above is satisfied, then you qualify for this visa subclass. Seems straightforward right? Actually, not quite. As it happens, there is another question that is borne out of these complex definitions of adoption. Funny thing is that it involves adoption, but not this subclass of visa: What if I was adopted by someone who was not an Australian Resident at the time, but became one at a later date? Thankfully, here at the Migration Centre of Australia, we have knowledgeable migration agents that know the answer. Simply put, if you fulfil that criteria and your adoptive parent became an Australian Permanent Resident after the adoption, then this visa subclass does not apply to you. You will need to apply for the child visa (subclass 101). The other eligibility requirements are similar to those of the subclass 101 visa. If you feel you qualify for either subclass, contact the Migration Centre of Australia now and our team of registered migration agents will help you migrate to Australia and join your family. Our expertise will be applied to ensure you get a successful outcome and are granted the visa. So call us at 0246261002 or email at admin@mckkrs.com.au

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ACT Invitation Round 35

Invitation date: 14 April 2020 ACT 190 Nomination – Invitations Issued: 62     All Matrix submitted: 120 to 75 points     70 point Matrix submitted on or before 31 December 2019 ACT 491 Nomination – Invitations Issued: 78     All Matrix submitted: 100 to 70 points     65 point Matrix submitted on or before 09 March 2020 All matrix expire 6 months after submission date if an invitation is not issued. The next invitation round is scheduled to be held by 30 April 2020.