It is after a long struggle in the migration industry that an amendment to remove Australian legal practitioners from the regulatory system of the Office of the Migration Agents Registration Authority (OMARA) has been made. The Migration Amendment (Regulation of Migration Agents) Bill 2019 [“the Bill”] proposed to amend the Migration Act 1958 (Cth), interalia, to remove unrestricted legal practitioners from the regulatory scheme that governs Registered Migration Agents. The Bill was first introduced in the House of Representatives on 27 Nov 2019 and subsequently, in the Senate on 13 Feb 2020. After the third reading in the Senate on 15 June 2020, the Bill was passed by both the houses of the Parliament. On 22 June 2020, the Bill received the Royal Assent as per Section 58 of the Commonwealth of Australia Constitution Act 1900 (Imp) and is now the Migration Amendment (Regulation of Migration Agents) Act 2020 (Cth) [“the Act”]. The Act amends the Migration Act 1958 (Cth) and contains various provisions including: Schedule 1 – Legal practitioners providing immigration assistance, including transitional arrangements Schedule 2 – Registration periods Schedule 3 – Redundant provisions Schedule 4 – Requirement for applicants to provide further information Schedule 5 – Fees and charges Schedule 6 – Other amendments As per the Act, various Schedules are set to commence at different times, mostly within the next 6 to 9 months. The Act makes it unlawful for the Australian legal practitioners with Unrestricted Practicing Certificates to be registered as Registered Migration Agents with the OMARA after the commencement of this provision which is commencing at the end of 9 months from the day of receiving the Royal Assent i.e., 22 June 2020, or earlier if a date is fixed by a Proclamation. The Act defines restricted as: “a practising certificate held by an Australian legal practitioner is restricted if: (a) It is subject to a condition requiring the practitioner to undertake supervised legal practice for a specified period; and (b) such a condition was not imposed as a disciplinary measure by an authority responsible for disciplining Australian legal practitioners in a State or Territory.” If you have any questions or need more information about these changes, Get in Touch with us or call us on (02) 4626 100 to speak to one of our friendly staff.
Visa cancellation provisions are contained in Subdivision C to Subdivision H of Part 2 of the Migration Act 1958 (Cth) [“the Act”]. Accordingly, the Department or the Minister or his delegate may cancel a visa which can be discretionary, mandatory, or by operation of law, depending on the situation. Under certain circumstances, it is possible for you to approach the Department to cancel your temporary visa having more than 6 months validly that include: Visitor Visa (subclass 600) E-Visitor Visa (subclass 651) Working Holiday Visa (subclass 417) Work and Holiday Visa (subclass 462) Electronic Travel Authority (subclass 601) Reasons for Visa Cancellation Visa cancellation may occur if you: Do not comply with your visa conditions Do not meet the character requirements Provide false information to the Department on your visa application Are a threat to the Australian community Grounds for Visa Cancellation Visa cancellation may occur on the following grounds: Not passing the character test Paying for visa sponsorship Ceasing enrollment in a registered course (for student visas) Not declaring certain food, plant material and animal items during immigration (for visitor visas) Importation of objectionable goods or prohibited items If your visa is cancelled while you are in Australia, you may also be barred from making further substantive visa applications for staying in Australia, usually known as the Section 48 bar. Section 48 of the Act imposes limitations if your substantive visa has been refused or cancelled while in Australia or you do not currently hold a substantive visa. The limited number of substantive visas that you may apply for in this situation include: Child Visas Partner Visas Protection, Territorial Asylum or Border Visas Medical Treatment Visas Bridging Visas If you visa is considered for cancellation while are in Australia, the Department will usually notify you of their intention to consider cancelling your visa. You will be given the opportunity to submit your reasons as to why your visa should not be cancelled. In case your visa has been cancelled by the Department (not the Minister) you may be able to appeal the decision of your visa cancellation to the Administrative Appeals Tribunal (AAT) for a review within the specified time period. While you wait for outcome of application, you may apply for a Bridging Visa E (BVE) to keep your status lawful in Australia. Migration Centre of Australia has a team of migration specialists who are experienced in handling visa cancellation cases, including complex matters before the Department and the AAT. Call us on +61 2 46261002 or Contact Us to speak to one of our Registered Migration Agents.
In accordance with paragraph 5.36(1A)(a) of the Migration Regulations 1994, the Department of Home Affairs can specify the exchange rate for the currency in which the amount is to be paid payment of Visa Application Charge (VAC) and fees in foreign currencies. Reg 5.36 states: “Payment of visa application charges, and fees, in foreign currencies (1A) The amount of the payment is to be worked out as follows: (a) if the currency in which the amount is to be paid is specified by the Minister in an instrument in writing for this paragraph, use the exchange rate for the currency specified in the notice;” In this regard, the Department has specified exchange rates for the payment of Visa Application Charge (VAC) and fees in foreign currencies vide the Migration (LIN 20/003: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2020 [“the Instrument”] dated 16 June 2020, commencing on 01 July 2020. The Department’s biannual update provides a list of 46 currencies and the applicable exchange rates in relation to the Australian Dollar (AUD) for the purpose of this Instrument. Some of the currencies and exchange rates for the payment of fees specified are: CURRENCIES EXCHANGE RATES United Arab Emirates Dirham 0.41205 Canadian Dollar 1.07674 Chinese Renminbi Yuan 0.21403 Euro 1.64441 Fiji Dollar 0.67074 British Pound 1.87868 Hong Kong Dollar 0.19523 Indian Rupee 0.01999 Japanese Yen 0.0140345 Malaysian Ringgit 0.348 New Zealand Dollar 0.90902 Philippine Peso 0.02987 Singapore Dollar 1.06333 Thai Baht 0.04645 US Dollar 1.51327 South African Rand 0.08146 You can access the full text of the Instrument here. If you are looking to migrate to Australia, Get In Touch with us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents in Sydney to discuss your visa options and a complete pathway for your residency.
Pacific Labour scheme stream is one of the streams available under the Temporary Work (International Relations) Visa (Subclass 403). Under this stream, participants in the Pacific Labour Scheme program can come and live in Australia temporarily to work in the industry or participate in the activity covered by the visa. Eligibility of this Stream You must: • Be aged between 21 and 45 years • Be resident of a specified Pacific Island country • Be invited by an Australian employer endorsed by the Department of Foreign Affairs and Trade (DFAT) or endorsed by the DFAT to participate in the Pacific Labour Scheme program • Be sponsored by an approved Temporary Activities sponsor • Meet health and character requirements • Have adequate health insurance • Have genuine intention to stay in Australia temporarily • Not have a previous visa cancellation or application refusal List of Pacific Island Countries Fiji Kiribati Nauru Papua New Guinea Samoa Solomon Islands Timor-Leste Tonga Tuvalu Vanuatu Visa Conditions You must: • continue to be employed by your sponsor • only work in the industry or participate in activity covered by the visa • not work for yourself, or for anyone other than your sponsor You can apply for this visa online while you are outside Australia and must be outside Australia at the time of decision of your application by the Department. However, if you are in Australia on Subclass 403 visa, you can apply for another 403 visa from Australia but you must not be in immigration clearance. Further, please know, you are not allowed to bring your dependent family members to Australia on this visa. Advantages of this Stream • Stay and work in Australia for up to 3 years • Travel to and from Australia If you are looking to migrate to Australia, Contact Us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents in Sydney to discuss your visa options and a complete pathway for your residency.
Good news for all international graduates! From 2021, any international student that is studying at any location outside of Sydney, Melbourne and Brisbane will be given the opportunity to extend their Temporary Graduate (subclass 485) visa, adding one more year to the current two year Post-study work stream. This new initiative is a fantastic way to increase diversity and boost the economy in regional Australia, as well as controlling the pressures that our major cities are faced with as a result of an ever growing population. This extension does not change the Student visa per say, but it is an option that is available for international students to study and reside in regional parts of the country. As it does not change the requirements of the 485 visa, part of the conditions of the extension is ongoing residence in the regional area, which means you still need to live in a regional area for 2 years. This new initiative being brought in to 2021 can also increase the chances for students to find employment, and with the extra 5 points you can get for studying in regional Australia, students will be far better equipped if they decide to apply for other visas or even go for a pathway to permanent residency in Australia. There are different categories when we think of “regional” in Australia. Migration Centre of Australia have simplified it for you: Category Incentives Category 1: Major Cities This includes: · Sydney · Melbourne · Brisbane These 3 cities do not receive any regional incentives. Category 2: Cities and Major Regional Centres This includes: Perth Adelaide the Gold Coast the Sunshine Coast Canberra Newcastle/Lake Macquarie Wollongong/Illawarra Geelong Hobart Graduates will be eligible for an additional year on a second Temporary Graduate visa. Category 3: Regional Centres and Other Regional Areas Graduates will be eligible for an additional 2 years on a second Temporary Graduate visa. As you can see from our table, Category 2 and 3 are the two categories targeted by the Government in this new initiative. So unless you choose to study and live in a regional part of Australia, the extra year post-study will not apply to you. Another incentive is that the type of qualification you have can also affect the length of extension you receive. Outlined below is what you can expect to get with each qualification: Bachelor’s degree (including Honours): 2 years + 1 extra year Masters degree (by coursework): 2 years + 1 extra year Masters degree (by research): 3 years + 1 extra year Doctorate: 4 years + 1 extra year Are you thinking of studying in a regional area? If you would like to consider your options for a graduate work visa and move your study to a regional part of Australia, don’t delay, 2021 is just around the corner and the benefits of being prepared early will help ease your transition.From determining your visa eligibility to take advantage of this new initiative, to explaining how this visa can help you gain permanent residency, our experienced migration agents can answer any question that you may have. At Migration Centre of Australia, we have trained registered migration agents and lawyers in the industry for many years and we have extensive expertise in student visas. We also understand it can be difficult to navigate your way, especially with all the conditions attached to the Temporary Graduate Work 485 visa, but we at Migration Centre of Australia are ready to help. Send us an email or call us today on 02 4626 1002 and one of our registered migration agents will be ready to answer all your questions. Make 2021 your year!
Certain visas, specifically employer sponsored Temporary Skill Shortage Visa (Subclass 482 visa) requires testing the local labour market in Australia before nominating an overseas worker for a skilled position. In other words, you must demonstrate to the Department that no suitable worker is present in Australia for a particular skill for which you are nominating an overseas skilled worker. Generally, labour market testing (LMT) requires the employer (the approved sponsor) to advertise the position for an eligible occupation provided under the TSS 482 visa occupation list and provide evidence of the same at the stage of nomination application. This blog explores one of the LMTexemptions where LMT is not required if it conflicts with Australia’s international trade obligations as per Section 140GBA of the Migration Act 1958 (Cth) [“the Act”].Section 140GBA of the Act provides: “Labour market testing—condition Scope (1) This section applies to a nomination by a person, under section 140GB, if: (a) the person is, or has applied to be, in a class of approved work sponsors prescribed by the regulations; and (b) the person nominates: (i) a proposed occupation for the purposes of paragraph 140GB(1)(b); and (ii) a particular position, associated with the nominated occupation, that is to be filled by a visa holder, or applicant or proposed applicant for a visa, identified in the nomination; and (c) it would not be inconsistent with any international trade obligation of Australia determined under subsection (2) to require the person to satisfy the labour market testing condition in this section, in relation to the nominated position.” In this regard, the Migration (LIN 20/029: Determination of International Trade Obligations Relating to Labour Market Testing) Instrument 2020 dated 28 January 2020 provides a list of 14 agreements thatdetermine international trade obligations of Australia regarding labour market testing. Some instances where LMT exemptions are applicable are: Nominee is a citizen or national of China, Japan, Mexico, Thailand or Vietnam; Nominee is a citizen or national or permanent resident of Canada, Chile, South Korea, New Zealand or Singapore; Nominee is a current employee of the associated entity of the sponsor’s business where the associated entity is situated in Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand or Vietnam (the ASEAN countries), Canada, Chile, China, Japan, Mexico, South Korea or New Zealand. Further, it may interest you to know that the Regional Trade Agreements Division of the Department of Foreign Affairs and Trade has recently announced the commencement of the Indonesia-Australia Comprehensive Economic Partnership Agreement (IA-CEPA) from05 July 2020 which may impact and alter certain visa requirements regarding LMT for Indonesians and make immigrating to Australia easier for you. If you are seeking help regarding LMT or want to speak to experienced Registered Migration Agents about visa 482, call us on +61 2 4626 1002. Alternatively, you can Contact Us and one of our TSS visa agent will get back to you shortly.
The Parliament of the Commonwealth of Australia has introduced the Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2020 [“the Bill”] in the House of Representatives to amend the Migration Act 1958 (Cth) [“the Act”] on 14 May 2020. The Bill proposes to insert new provisions regarding search of detainees for prohibited things in the immigration detention facility and related exercise of powers by the authorised officer, including power of search, seizure and forfeiture. The Bill aims to regulate the possession of certain items to ensure that an immigration detention facility is a safe and secure environment for staff, detainees and visitors. Section 5(1) of the Act defines Immigration Detention as: “(a) being in the company of, and restrained by: (i) an officer; or (ii) in relation to a particular detainee – another person directed by the Secretary or the Australian Border Force Commissioner to accompany and restrain the detainee; or (b) being held by, or on behalf of, an officer: (i) in a detention centre established under this Act; or (ii) in a prison or remand centre of the Commonwealth, a State or a Territory; or (iii) in a police station or watch house; or (iv) in relation to a non-citizen who is prevented, under section 249, from leaving a vessel – on that vessel; or (v) in another place approved by the Minister in writing;” Currently, Section 5(1) of the Act doesn’t include detention centres under Section 273 of the Act, also known as the Alternative Places of Detention (APODs), within its ambit. Thus, the Bill aims to insert new definition to include all places of detention under the Act under a collective definition of ‘immigration detention facility’. Further, the Bill proposes to define prohibited things to include controlled drugs (as defined in the Criminal Code Act 1995 ) and prescription drugs, as case may be, mobile phones, Subscriber Identity Module (SIM cards), and internet-capable devices for this purpose. According to the Bill, “The Minister may, by legislative instrument, determine a thing for the purposes of subsection (1) if the Minister is satisfied that: (a) possession of the thing is prohibited by law in a place or places in Australia; or (b) possession or use of the thing in an immigration detention facility might be a risk to the health, safety or security of persons in the facility, or to the order of the facility.” The Bill aims to increase the existing search and seizure powers of the Officer under the Migration Act which are not sufficient to prevent the misuse prohibited items in the immigration detention facilities. If you have any questions, concerns or comments, contact Migration Centre of Australia on (02) 4626 100 to speak one of our friendly coordinators.
The Skilled Independent Visa (subclass 189) is a points tested stream that lets invited workers with the rights skills to live and work permanently anywhere in Australia! This visa lets you: stay in Australia permanently work and study in Australia enrol in Australia’s public health care scheme, Medicare sponsor your relatives to come to Australia travel to and from Australia for 5 years and if you are eligible, become an Australian citizen Because this is a permanent visa, you will be allowed to live in Australia indefinitely. How good is that! And, you become a permanent resident on the day that the Department grants your visa. The other benefit of this visa is that you are able to include your family members in your application. Did you know, that you can be in or outside Australia when you apply for the visa? If you apply in Australia, you must hold a substantive or a subclass 010 Bridging A visa, a subclass 020 Bridging B visa or a subclass 030 Bridging C visa, otherwise your application will not be processed. With this visa, you can also travel in and out of Australia as many times as you want for 5 years from the date of your visa grant. After 5 years you will need a Resident Return (RRV) visa (subclass 155 or 157) to re-enter Australia as a permanent resident. Because of this, your visa will be digitally linked to your passport and you will receive a label in your passport to reflect this. Eligibility So how can you apply? 1. You must be invited to apply You can only apply for this visa if you are invited. You will need to submit an expression of interest (EOI) if you would like to apply for the visa. After you have submitted an EOI, you will be ranked against other intending applicants and might be invited to apply for the visa. These invitations are issued regularly through SkillSelect. 2. Have a suitable skills assessment For your application to be valid, you must declare that you have a suitable skills assessment at the time of invitation. You will need to provide a copy of this skills assessment with your application. Your skills assessment must have been obtained in the 3 years before the date of your invitation. If the assessment was for a shorter period, that period must not have passed. If your skills were assessed on the basis of a qualification you got in Australia when you held a student visa, the qualification must be from studying a course registered on CRICOS. 3. Be this age You must be aged under 45 when we invite you to apply for the visa. You can still apply for the visa if you turn 45 after we invite you to apply. If you turn 45 after you submit your EOI but before we invite you to apply, you will not be invited to apply. 4. Be able to score 65 points or more This is a points-tested visa. When you submit your EOI in SkillSelect you will be given an indicative points score based on the claims you have made. If you do not obtain a score of 65 points you will not be invited to apply for this visa. 5. Have this level of English language At the time of invitation, you must have at least competent English. Competent English means that you must prove: that you are a citizen of and hold a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland, with your application you have an obtained one of the following English language test results: Test Required score International English Language Testing System (IELTS) At least 6 for each of the 4 components Test of English as a Foreign Language internet-based Test (TOEFL iBT) At least 12 for listening, 13 for reading, 21 for writing and 18 for speaking Pearson Test of English Academic (PTE Academic) At least 50 for each of the 4 components Occupational English Test (OET) At least B for each of the 4 components Cambridge C1 Advanced test At least 169 in each of the 4 components 6. Meet the skills requirement Your occupation must be on the relevant list of eligible skilled occupations for the Skilled Independent visa (subclass 189) Point-Tested stream. 7. Meet our health requirement You and any family who apply for the visa with you must meet the health requirement. 8. Meet our character requirement You and family members aged 16 years and over who apply for the visa with you must meet the character requirement. 9. Have paid back your debt to the Australian government If you or any family members (including those who do not apply for the visa with you) owe the Australian Government money, you or they must have paid it back or arranged to pay it back. 10. Sign the Australian values statement If you are 18 years of age or older, you must: have read, or had explained to you, the Life in Australia booklet and confirm you will respect the Australian way of life and obey Australian laws when you sign or accept the Australian Values Statement. 11. Not have had a visa cancelled or a previous application refused Unfortunately, you might not be eligible for this visa if you have had a visa cancelled or refused while you were in Australia. If this happens, you may discuss your matter with us to assess your eligibility. 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 interested in applying for the Skilled Independent Visa (subclass 189), or you need professional migration advice on assessing your eligibility, or y you simply want to know more about your visa options, contact us today on (02) 4626 1002 or send us an email at admin@mckkrs.com.au and one of my registered migration agents will be ready to help
The Immigration and Community Protection Policy Division of the Department of Home Affairs (DoHA) has specified arrangements for bridging visa applications as per the Sub-regulation 2.07(5) of the Migration Regulations 1994 (“the Regulations”) vide the Migration (LIN 20/068: Arrangements for Bridging Visa Applications) Instrument 2020 [“the Instrument”] dated 21 May 2020. The Sub-regulation 2.07(5) of the Regulations provides: “(5) If an item of Schedule 1 prescribes criteria or requirements by reference to a legislative instrument made under this subregulation, the Minister may, by legislative instrument, specify any of the following matters for the purposes of such a criterion or requirement: (a) an approved form for making an application for a visa of a specified class; (b) the way in which an application for a visa of a specified class must be made; (c) the place at which an application for a visa of a specified class must be made; (d) any other matter.” Thus, the Minister is empowered to specify approved forms for lodging a valid visa application and the place and manner in which the visa application must be made. Accordingly, vide the Instrument, the Minister has specified the forms, manner, and place for making visa applications for Bridging A (Class WA), Bridging B (Class WB), Bridging C (Class WC), Bridging D (Class WD), Bridging E (Class WE), and Bridging F (Class WF), with the purpose of amending a drafting error in the erstwhile instrument, i.e., the Migration (LIN 19/186: Arrangements for Applications for Bridging Visas) Instrument 2019 dated 25 June 2019, which is now repealed. Changes brought by the Instrument Re-approves Form 1008 (Internet) for making a valid Bridging E (Class WE) visa application. However, the applicant must not have another pending Bridging E (Class WE) visa application. Further, the Instrument is registered on the Federal Register of Legislation on 25 May 2020 and according to Clause 2 of the Instrument it “commences the day after registration on the Federal Register of Legislation”. Thus, the Instrument is currently in force, commencing from 26 May 2020 and accordingly, Form 1008 (Internet) can now be used for making a valid Bridging E (Class WE) visa application. For your information, Bridging E (Class WE) comprises 2 visa subclasses: Subclass 050 Bridging (General), popularly called Bridging Visa E (BVE) and Subclass 051 Bridging (Protection Visa Applicant). If you are seeking assistance in your bridging visa applications or are facing issues of visa expiry, visa cancellation, or visa refusal, 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 application.
The new regional sponsored migration visa is the Skilled Employer Sponsored Regional (Provisional) Visa (Subclass 494) introduced by the Migration Amendment (New Skilled Regional Visas) Regulations 2019 dated 04 April 2019 which came into effect from 16 November 2019. It replaces the erstwhile Regional Sponsored Migration Scheme Visa (Subclass 187) to address labour market shortages in Regional Australia. What is ‘Regional Australia’? Most locations of Australia except Sydney, Melbourne and Brisbane are considered designated regional areas for purpose of migration. Regional areas are defined on basis of following categories: Category 2 regional areas – Cities and Major Regional Centres’ of Perth, Adelaide, the Gold Coast, the Sunshine Coast, Canberra, Newcastle/Lake Macquarie, Wollongong/Illawarra, Geelong and Hobart. If you noticed, Adelaide and the Gold Coast are newly added to the list of Regional Australia area. Category 3 regional areas – Only certain locations are considered regional or low-population growth metropolitan area in New South Wales, Victoria, Western Australia, Queensland, South Australia, Tasmania. The entirety of ACT, NT and Norfolk Island are deemed ‘regional or low-population growth metropolitan area’. It is a temporary skilled migration visa that allows you and your family to live and work in Regional Australia. It also provides pathway to permanent residence via Permanent Residence (Skilled – Regional) Visa (Subclass 191). Two streams of 494 Employer Sponsored Visa This visa program has 2 streams: Employer Sponsored Stream – if you have at least 3 years relevant work experience in same nominated occupation. Labour Agreement Stream – if you have at least 3 years relevant work experience in a specified occupation, where your employer has labour agreement with the Australian Government. Three step process of 494 Visa This visa program is a three step process and requires sponsorship, nomination and then the visa application. All three applications can be made at the same time but be submitted in this order only: sponsorship application, nomination application and visa application. Sponsorship: The employer in Regional Australia must apply for approval as a standard business sponsor (SBS) or execute a labour agreement with the Government. Employer that is already approved as SBS for the Temporary Skill Shortage Visa (Subclass 482) program do not need to apply again. Nomination: The sponsor (employer) must nominate an eligible occupation for a prospective visa applicant or existing visa holder. Visa application: You must lodge a visa application along with supporting documents. Thus, you can only apply for this visa if you have been nominated by an approved Australian employer for a job in Regional Australia. At Migration Centre of Australia, we care about your future. If you need advice on understanding the visa requirements contact us today on 02 4626 1002 and speak directly to one of our Registered Migration Agents. Having been in the migration industry for years, our migration agents have the expertise and knowledge to take on any case.