When you apply for your visa, you will be required to confirm that you will respect Australian values and obey Australian laws by signing or accepting the Australian values statement. And, if you don’t sign the Australian values statement, your application might be delayed or we might refuse your visa. We can consider an exception only in compelling circumstances. Essentially, whenever you apply for a new visa, you will be required to sign or accept the Australian values statement. When you apply for a visa online, selecting the Australian values statement button will let the Department of Home Affairs know you and any dependants included in your application understand and agree with the Australian values statement. For paper applications, the Australian values statement forms part of the general declaration section of your application. When you sign the application you also agree with the Australian values statement. There are 2 versions of the Australian values statement. The version you must sign depends on what visa you apply for. These examples are highlighted below: When you apply for a temporary visa For most temporary visa applications, the Australian values statement is: I will respect Australian values as listed on this form, during my stay in Australia and will obey the laws of Australia. When you apply for a permanent or provisional visas For permanent or provisional visa applications, the Australian values statement is: I confirm that I have read, or had explained to me, information provided by the Australian Government on Australian society and values. I understand: Australian society values respect for the freedom and dignity of the individual, freedom of religion, commitment to the rule of law, Parliamentary democracy, equality of men and women and a spirit of egalitarianism that embraces mutual respect, tolerance, fair play and compassion for those in need and pursuit of the public good Australian society values equality of opportunity for individuals, regardless of their race, religion or ethnic background the English language, as the national language, is an important unifying element of Australian society. I undertake to respect these values of Australian society during my stay in Australia and to obey the laws of Australia. I understand that, if I should seek to become an Australian citizen: Australian citizenship is a shared identity, a common bond which unites all Australians while respecting their diversity Australian citizenship involves reciprocal rights and responsibilities. The responsibilities of Australian Citizenship include obeying Australian laws, including those relating to voting at elections and serving on a jury. If I meet the legal qualifications for becoming an Australian citizen and my application is approved I understand that I would have to pledge my loyalty to Australia and its people. Our Registered Migration Agents at Migration Centre of Australia have been in the migration industry for many years and have helped thousands of clients onshore and offshore. We are trained professionals in Australian Migration Law and we are trusted providers in the industry for our services. If you are thinking of applying for a visa and you wish to learn more about your obligations when you arrive in Australia, contact us today on (02) 4626 1002 or send us an email at info@migrationcentreofaustralia.com.au and one of my registered migration agents will be ready to help you.
In ordinary circumstances, the description of ‘Member of the family unit’ provided under Regulation 1.12(2) of the Migration Regulations 1994 is applicable as a general rule for migration purposes. Regulation 1.12(2) states: “A person is a member of the family unit of another person (the family head) if the person: (a) is a spouse or de facto partner of the family head; or (b) is a child or step‑child of the family head or of a spouse or de facto partner of the family head (other than a child or step‑child who is engaged to be married or has a spouse or de facto partner) and: i. has not turned 18; or ii. has turned 18, but has not turned 23, and is dependent on the family head or on the spouse or de facto partner of the family head; or iii. has turned 23 and is under paragraph 1.05A(1)(b) dependent on the family head or on the spouse or de facto partner of the family head; or (c) is a dependent child of a person who meets the conditions in paragraph (b).” Accordingly, in order to be considered as a member of a family unit in general visa situations, other than protection, refugee and humanitarian visas, you will have to be a direct family member of the applicant. This includes a spouse or child under the age of 18 of the main applicant, or a dependent child until the age of 23 years where you are a financially dependent on your family for support. Further, in certain situations where the child is over the age of 23 years but is physically or mentally disabled and is reliant on parents for their support, may be considered as a dependent. For the purpose of protection visas, refugee visas and humanitarian visas, namely Protection (Class XA) visa, Refugee and Humanitarian (Class XB) visa, Temporary Protection (Class XD) visa, Safe Haven Enterprise (Class XE) visa, Resolution of Status (Class CD) visa, Temporary Safe Haven (Class UJ) visa, Temporary (Humanitarian Concern) (Class UO) visa, Territorial Asylum (Residence) (Class BE) visa, Regulation 1.12(4) provides: “A person is a member of the family unit of another person (the family head) if the person is: (a) a spouse or de facto partner of the family head; or (b) a dependent child of: i. the family head; or ii. a spouse or de facto partner of the family head; or (c) a dependent child of a dependent child of: i. the family head; or ii. a spouse or de facto partner of the family head; or (d) a relative, of the family head or of a spouse or de facto partner of the family head, who: i. does not have a spouse or de facto partner; and ii. is usually resident in the family head’s household; and iii. is dependent on the family head.” It is pertinent to note that wording of Regulation 1.12(4) differs from Regulation 1.12(2) in the sense that Regulation 1.12(4) provides a broader definition of member of the family unit protection, refugee and humanitarian visas, including children over the age of 18 and relatives who may be residing with the family head. Further, it is also important to know that the language used in the Regulations is gender neutral which may extend to include same sex relationships and other types of non-confirming relationships. If you have any questions or are seeking migration advice to bring your dependents to Australia, Discuss Your Situation with us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents who can help you.
For some visa types, you must show us you can’t find a suitable Australian worker. For these visas, if you nominate an overseas worker, you will need to test the local labour market. Labour market testing (LMT) generally involves advertising the position in Australia. How and when you test the market, and what proof we require, will depend on which stream you are nominating under. And in some cases, you may have to check first to see if you are exempt or if there are alternative arrangements that can apply to you. Today we will go over these exemptions and alternatives: Labour Market Testing Exemptions Occupation-based exemptions Occupation-based exemptions for LMT which were previously available under the Temporary Work (Skilled) visa (subclass 457), are not available under the TSS visa (subclass 482) and the Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) programs. There are currently no instruments in place which provide any other exemptions. International trade obligations (ITOs) LMT is not required where it would conflict with Australia’s ITOs, in any of the following circumstances: the worker you nominate is a citizen/national of China, Japan, Mexico, Thailand or Vietnam, or is a citizen/national/permanent resident of Canada, Chile, South Korea, New Zealand or Singapore the worker you nominate is a current employee of a business that is an associated entity of your business and the associated entity is located in an Association of South-East Asian Nations (ASEAN) country (Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand or Vietnam), Canada, Chile, China, Japan, Mexico, South Korea or New Zealand the worker you nominate is a current employee of an associated entity of your business and that associated entity operates in a country that is a member of the World Trade Organisation (WTO), and the nominated occupation is an Executive or Senior Manager occupation for the purposes of ITOs and the nominee will be responsible for the entire or a substantial part of your company’s operations in Australia your business currently operates in a WTO member country or territory and is seeking to set up a business in Australia, and the nominated occupation is an Executive or Senior Manager occupation for the purposes of ITOs the worker you nominate is a citizen or an eligible permanent resident* of a WTO member country or territory and has worked for you in the nominated position in Australia on a full-time basis for the last two years. Labour Market Testing Alternative requirements In some cases, alternative submission requirements will also apply. For example, lets look at some possible cases scenarios and their requisite requirements. Case: Where the occupant has to have an internationally recognised record of exceptional and outstanding achievement in a profession or in the field of sport, academia and research, or a top-talent chef. Your submission should explain why the specific individual nominated is the only person, or one of very few people, who could undertake the nominated position. Case: Where there is a new nomination for an existing TSS, subclass 494 or subclass 457 visa holder solely because the annual earnings that will apply to the nominee have changed; or a change in business structure has resulted in the visa holder being no longer employed by the standard business sponsor even though they haven’t changed position. Your submission should explain that the position is already filled by an existing TSS, subclass 494 or subclass 457 visa holder, but give reasons why a new nomination is required (for example, due to a business restructure). Case: Where there is an intra-corporate transfer (ICT) the transfer of an existing employee of a company operating overseas to an associated entity of that company operating in Australia. Your submission should explain the need for an ICT transfer and documentation outlining the transfer arrangement. Case: Where the annual earnings will be equal to or greater than AUD250,000. Your submission should explain the methods of testing the local labour market. For example, how you found the overseas worker via an executive search process, which included inviting applicants from Australia. Case: Where the nominees are within the ANZSCO Minor Group 253 – Medical Practitioners (except General Practitioner (ANZSCO 253111) and Medical Practitioners nec (ANZSCO 253999) or the ANZSCO Unit Group 4111 – Ambulance Officers and Paramedics. Your submission should explain the methods of testing the local labour market. For example, how you found the overseas worker via a regular bulk recruitment exercise, which included inviting applicants from Australia. Our Registered Migration Agents at Migration Centre of Australia have been in the migration industry for many years and have helped thousands of clients onshore and offshore. We are trained professionals in Australian Migration Law and we are trusted providers in the industry for our services. If you are thinking of employing an overseas worker, or if you want to know more about Labour Market Testing, how it works and how we can help you, contact us today on (02) 4626 1002 or send us an email at info@migrationcentreofaustralia.com.au and one of my registered migration agents will be ready to help you.
Electronic Travel Authority (Subclass 601) is a temporary visa that allows you to visit Australia for a holiday or a cruise, to visit family or friends, or to undertake certain business visitor activities, if you have a passport from an eligible country. Eligibility for Electronic Travel Authority (ETA) You must: Have passport from an eligible country Have a genuine intention to stay in Australia temporarily Meet the health and character requirements Not have debts to the Australian Government You must be outside Australia or in immigration clearance when you apply for this visa. Once granted, this visa is usually valid for a 12-month period. There is no Visa Application Charge (VAC) for ETA, however, you have to pay an online application service cost of AUD $20. You cannot add dependant family members in your visa application. You must file a separate application for each applicant. It is also important to know that the Department may refuse to grant this visa if it is not in the best interest of an applicant who is a child, less than 18 years old. Advantages of Electronic Travel Authority Multiple entries to Australia Stay for up to 3 months at a time List of Eligible Countries Andorra Austria Belgium Brunei Canada Denmark Finland France Germany Greece Hong Kong (SAR of China) Iceland Ireland Italy Japan Liechtenstein Luxembourg Malaysia Malta Monaco Norway Portugal Republic of San Marino Singapore South Korea Spain Sweden Switzerland Taiwan (excluding official or diplomatic passports) The Netherlands United Kingdom—British Citizen United Kingdom—British National (Overseas) United States of America Vatican City If you do not hold a passport from the above-listed countries or want to know about other Visitor Visa options, Get In Touch with us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents to discuss your options to visit Australia.
The business visitor stream of Visitor Visa (Subclass 600) allows you to travel to and visit Australia for business purposes. This visa facilitates conducting legitimate business visitor activities but does not extend to undertaking work for or providing services to an organisation, or selling goods or services directly to the general public. Eligibility for Business Visitor Visa You must: Meet the health and character requirements Not have debts to the Australian Government Have sufficient funds to support your stay in Australia Have a genuine intention to stay in Australia temporarily Perform only legitimate business visitor activities For this purpose, Regulation 1.03(a) of the Migration Regulations 1994 (Cth) defines ‘business visitor activity’ as: “any of the following activities undertaken by a person: making a general business or employment enquiry; investigating, negotiating, entering into, or reviewing a business contract; an activity carried out as part of an official government to government visit; participation in a conference, trade fair or seminar in Australia unless the person is being paid by an organiser for participation;” Accordingly, any activities other than the above-mentioned ones are not permitted on this visa and may result in breach of your visa condition leading to your visa cancellation. Further, you cannot add dependant family members in your visa application. Each family member travelling with you must apply for a separate Visitor Tourist stream visa (Subclass 600). It is important to know that the Department may refuse to grant this visa if it is not in the best interest of an applicant who is a child, less than 18 years old. In addition to Business Visitor Visa, Electronic Travel Authority (Subclass 601) and e-Visitor Visa (Subclass 651) also allow you conduct legitimate business visitor activities, if you have a passport from an eligible country. These visas usually have an attached Condition 8115 which precludes visitors from undertaking work that may otherwise be undertaken by an Australian citizen, an Australian permanent resident or a temporary work visa holder. If you want to know more about business visas or are seeking any migration assistance, Contact Us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents in Sydney to discuss your options.
A permanent visa holder in Australia is usually permitted a 5-years travel facility on the visa. Accordingly, the visa holders are free to travel from and to Australia as many times during this period, starting from the date of grant of the permanent visa until the expiry of the visa. After the 5-years period, the travel facility expires and the visa holder needs to apply for and be granted either a Resident Return visa or Australian citizenship to re-enter Australia. Resident Return visas, Subclass 155 and Subclass 157, allow a permanent visa holder to re-enter Australia as a permanent resident after the expiry of the travel validity. Eligibility for Resident Return visas You must: Be Australian Permanent resident, or former Australian permanent resident, or former Australian citizen Meet the residence or substantial ties requirements Not hold an Authority to Return or Return Endorsement (as issued prior to 31 December 1986) Meet the character requirements Not have a cancellation action on business grounds for a business skills visa Not have had a visa cancellation or a previous application refusal There are no age requirements to apply for Resident Return visas. Further, there is no cap on the number of Resident Return visas a visa holder can apply for. Validity of Resident Return visas Where the applicant: Has lived in Australia for 2 years (730 days) in the last 5 years, usually gets a 5-year travel validity; Has not lived in Australia for 2 years in the last 5 years but demonstrates substantial ties that benefit Australia, usually gets a maximum of 12-months travel validity; Meets the requirements for being a dependent family member, usually gets a maximum of 12-months travel validity; Has compelling and compassionate reasons for departure, usually gets a 3-months travel validity. It is important to know that if you leave Australia after your travel validity expires, or it expires when you are outside Australia, you will not be able to return to Australia as a permanent resident. Thus, it is highly recommended that you keep a track of your travel facility expiration and promptly apply for a Resident Return visa before the travel expiry in order to avoid any delays in your plan. Each applicant has to apply for this visa separately and you cannot include family members in one application. However, if you declare your family members in your application, your applications can be processed together. If you want to know more about these visas or are seeking any migration assistance, Contact Us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents in Sydney to discuss your situation.
Migration Amendment Instrument 2020 The Migration (LIN 20/179: Arrangements for child visa applications) Amendment Instrument 2020 dated 15 July 2020 (“the Instrument”) amends the Arrangements for Child Visa Applications 2016/051. The arrangements for child visa applications instruments specify the form, place and manner for making an application regarding the Child (Migrant) Visas – Subclass 101 (Child), Subclass 102 (Adoption), Subclass 117 (Orphan Relative); the Child (Residence) Visas – Subclass 802 (Child) and Subclass 837 (Orphan Relative); and the Extended Eligibility (Temporary) Visa – Subclass 445 (Dependent Child). The Instrument corrects a drafting error in the Arrangements for Child Visa Applications 2016/051, as amended vide the Migration (LIN 20/049: Arrangements for child visa applications) Amendment Instrument 2020 dated 30 March 2020, where the option for an application for visa Subclass 445, for a dependent child outside Australia to be made outside Australia, was removed. The Instrument was registered on the Federal Register of Legislation on 16 July 2020 and has commenced from 17 July 2020 and is now in effect. Accordingly, it resumes the process of lodging an application for a dependent child outside Australia of a visa holder of Subclass 309, 310, 445, 820 or 826 through Form 918. Migration Centre of Australia has a team of migration specialists who deal with child visas. If you are seeking assistance in this visa category, Write to us today or call us on (02) 4626 100 to speak to one of our Registered Migration Agents in Sydney.
According to the Department of Home Affairs (DoHA), more than 5 million people have become Australian citizens since the introduction of concept citizenship in Australia in 1949 vide the erstwhile Nationality and Citizenship Act 1948 (Cth). There is no doubt that the idea of citizenship remains ‘fundamental to [one’s] national identity’ as the Department continued to conduct online citizenship ceremonies even while the face-to-face ceremonies were temporarily suspended due to the outbreak of Covid-19 (Coronavirus) pandemic. The Hon Alan Tudge MP, the Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs has recently stated that, “The Morrison Government recognises the importance of Australian citizenship for migrants and for the wider Australia community. Already in 2019-20, more than 157,000 people have been conferred Australia citizenship, up 70% on the same period in 2018-19”. The table below shows the former nationality and the number of people who were conferred Australian citizenship in 2018-19 (01 July 2018 to 30 June 2019). NATIONALITY NO. OF PEOPLE India 28,470 United Kingdom 13,364 Philippines 9,267 China (mainland China only) 7,974 Sri Lanka 4,861 Vietnam 3,501 Pakistan 3,360 Nepal 3,294 Iraq 3,087 South Korea 3,062 Other 47,434 Total 127,674 During this period, the Department conferred citizenship to nationals from at least 200 different countries. If you have any questions or are seeking migration related advice on this issue, Discuss Your Situation with us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents who can help you.
For international students who want to live, study and/or work in Australia, Student and Graduate visas is the way forward. These include Student Visa (Subclass 500) which allows students to enter and study in Australia for up to 5 years, depending on length of the course, Temporary Graduate Visa (Subclass 485) which allows recent graduates to live and work in Australia temporarily for up to 4 years, after completion of studies, and the Student Guardian Visa which allows individuals who want to accompany and care for minors studying in Australia. According to Department of Home Affairs statistics, in the 2019-20 program year, 378,967 student visa applications (Subclass 500 and Subclass 570 to 576) and 75,033 temporary graduate visa applications (Subclass 485) were lodged as on 31 May 2020 (11 months). As there is no cap on the number of student visas that are granted by the Department, out of the total applications received, the Department granted visas as shown in the table below: Visa Subclass Applications received Visas Granted Grant Rate Subclass 500 and Subclass 570 to 576 378,967 323,522 85.4% Subclass 485 75,033 59,529 79.3% Total 454,000 383,051 84.37% Further, in the 2019-20 program year up to 31 December 2019 (6 months), 226,608 student visa applications (including temporary graduate visas) were lodged out of which the Department granted 200,403 student visas, which is about 88.4% approval rate. The graph below shows the number of student visa applications lodged by month – year on year 12 months rolling total basis. The graph below shows the number of student visas granted by month – year on year 12 months rolling total basis. From this data, we can infer that between 01 January 2020 and 31 May 2020 coinciding with the period of Covid-19 crisis, the Department has continued to received and process 227,392 visa applications. During this time, the Department has granted 182,648 visas at the approval rate of 80.3% which is a significant drop of 8% from the 88.4% rate in the previous 6 months (01 July 2020 to 31 December 2019). If you have any questions or need more information about student and graduate visas, Get In Touch with us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents.
If you have ever received a visa refusal or visa cancellation, in certain cases, you may be able to appeal the decision to the Australian Administrative Appeals Tribunal (AAT). The role of the Tribunal is to review the Department’s decision for refusing or cancelling your visa application. They will then determine whether the decision was decided fairly and on reasonable grounds. If not, the Tribunal can overturn the initial decision. If the matter is sent back to the Department for reconsideration, generally speaking, the Department will grant the visa or revoke the visa cancellation. The AAT can review certain decisions made under the Migration Act 1958: to refuse or cancel different types of visas to refuse to approve a nomination of an occupation, activity or position to bar, refuse to approve or cancel the approval of a sponsor Relating to requiring a security. The Migration Act and the Migration Regulations 1994 specify what decisions the AAT can review. Generally, the decision letter from the Department of Home Affairs will tell you if we can review the decision and if you are a person who can apply for a review. Unfortunately, the AAT cannot review every decision to refuse or cancel a visa review a decision to cancel a visa made personally by the Minister for Home Affairs or Minister for Immigration Review a decision if you are not entitled to apply for a review. If a delegate of the Minister decides not to revoke the cancellation of your visa, you can apply for a review by the Administrative Appeals Tribunal (AAT). If you are in Australia, appeals have strict time limits. You must apply in writing within the time specified by the Department in our decision notice. This is usually the first day of the time period for lodging an application, which is the day on which you are taken to have been notified of the decision. This means that the time period ends on the prescribed number of days after the day on which you are taken to have been notified the decision.And, the other actions you can do is seeking judicial review if you believe the decision was not lawfully made. If your AAT application is successful, then your application will generally be remitted back to then Department for final determination and decision. The Department’s processing time for such applications is generally relatively short. However, processing times do vary significantly especially during these times as a result of the current pandemic we are all facing. It is important to note, however, that receiving an approval of your AAT appeal does not guarantee that your application will be approved. The Department will still need to re-check that all the relevant eligibility requirements are satisfied. There can be instances where a requirement such as a health or character requirement was not satisfied. If in the unfortunate circumstance your application for review at the AAT is not successful, then you will be notified that your current bridging visa will cease in a certain period of time. If this happens you can either seek a Ministerial Intervention or appeal to the Federal Court. Our Registered Migration Agents at Migration Centre of Australia have been in the migration industry for many years and have helped thousands of clients onshore and offshore. We are trained professionals in Australian Migration Law and we are trusted providers in the industry for our services. If you want to know more about visa cancellations and visa refusals, or you wish to speak to us directly about applying for a review or appeal of your visa, contact us today on (02) 4626 1002 or send us an email at info@migrationcentreofaustralia.com.au and one of my registered migration agents will be ready to help you.