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.
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.
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.
The Safe Haven Enterprise Visa (Class XE) (Subclass 790) [hereinafter referred to as “SHEV”] is a protection visa for persons who arrived in Australia illegally. With this visa, you may be allowed to temporarily stay in Australia for up to 5 years. It may interest you to know that there are primarily three protection visas provided by the Migration Act 1958 (Cth) and corresponding Regulations, namely, Permanent Protection Visa (Class XA) (Subclass 866), Temporary Protection Visa (Class XD) (Subclass 785) and the SHEV. General Eligibility for Protection Visas You must: be in Australia; and be a refugee; or engage in Australia’s protection obligations; and meet all other requirements for the visa. You may wonder who a refugee is! Well, as per Section 5H(1) of the Migration Act a refugee is defined as: “(a) in a case where the person has a nationality – is outside the country of his or her nationality and, owing to a well-founded fear of persecution, is unable or unwilling to avail himself or herself of the protection of that country; or (b) in a case where the person does not have a nationality – is outside the country of his or her former habitual residence and owing to a well-founded fear of persecution, is unable or unwilling to return to it.” Thus, in order to be called a refugee, you must have a well-founded fear of persecution and serious harm because of your race, religion, nationality, membership of a particular social group, or political opinion because of which you do not want to return to your home country. Other Requirements for SHEV Application You must: be ineligible to apply for a Permanent Protection visa (Subclass 866) meet identity requirements meet health and character requirements meet security requirements, and sign a declaration that you intend to work or study in regional Australia Bar for 790 Visa Application You will not be eligible to make a valid SHEV application if you: are an unauthorised maritime arrival, or have been refused immigration clearance after your arrival to Australia, or have had protection visa refused or cancelled since your last arrival to Australia, or hold nationality of 2 or more countries, or have protection in a prescribed safe third country, hold or have held a Humanitarian Stay (Temporary) Visa (Subclass 449) since your last arrival to Australia and are not an unauthorised maritime arrival or a transitory person. However, please know that the Minister is empowered to make decisions on the application and accordingly, may lift any application bar if the Minister determines it to be in the public interest. Advantages of Subclass 790 visa Stay in Australia for upto 5 years Work in Australia Study in Australia Have access to government services such as Medicare and Centrelink Visa Fees Visa application charge for an applicant who is in immigration detention and has not been immigration cleared is Nil. However, for secondary applicants who are members of the family unit of the main applicant, the visa application charge is AUD $40. If you facing any migration related problems, Get In Touch with us or call us on (02) 46261002 to speak to one of our Registered Migration Agents who can help you in your situation.
The Migration & Refugee Division of the AAT (Administrative Appeals Tribunal) 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) to respond to COVID-19 (Coronavirus) Pandemic. Vide the Direction, changes have been made to the operations and procedures of the AAT’s Migration & Refugee Division including registry and lodgement of documents, priorities for cases, pre-hearing process, requests for expedited decision, preparing for AAT hearings and the use of technology. The AAT conducts independent review of administrative decisions, including primary decision of refusal or cancellation by the Department of Home Affairs, and resolves cases on basis of merits in accordance with its own established procedures. The AAT has the power affirm the decision or vary the decision of the Department, or remit the matter to the Department for reconsideration, or set aside the decision of the Department to give a new decision, or dismiss the application without taking any action. The Direction has come into effect from 29 April 2020 and according to 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”. Thus, until further notice, all AAT matters are to proceed as per the provisions laid down under the Directions. Key Changes in the Direction Closure of registries to visitors, unless allowed. Provision of services over phone and online. Lodging new applications online. Relaxation of signature requirements for online submission of documents. No personal hearings, unless allowed. All hearings to be conducted over phone or videoconferencing. Priority given to cases that do not require a hearing or if required, hearing can be conducted over phone or videoconferencing. Please know that if the AAT considers that hearing in a particular matter should be held in person only, the hearing may not be scheduled until the AAT resumes conducting personal hearings. If you are considering applying to the AAT or waiting for a hearing at the AAT, Discuss Your Situation with us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents. Migration Centre of Australia has a team of migration specialists who are experienced in AAT appeals and have helped several clients in winning at the AAT including complex matters.
The Australian Government has added COVID-19 Pandemic as a new event for the Government Endorsed Event stream under the standard Temporary Activity Visa (Subclass408) program 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. COVID-19 Pandemic visa allows you to stay and continue working in Australia when you cannot leave Australia due to travel restrictions and have no other visa option to maintain your lawful status in Australia until you are able to return to your home country. Otherwise, the usual purpose of sc408 visa is to allow you to come to Australia on a temporary basis to participate in various short stay activities for various streams such as entertainment, research, events, religious worker, special programs, sports, staff exchange, superyacht crew, domestic worker etc. Further, under Government Endorsed Event stream you are allowed to participate in a government endorsed major event generally specified by a legislative instrument. Conditions for COVID-19 Pandemic visa You must be in Australia while lodging the visa application. You must be unable to leave Australia due to travel restrictions. You must have 28 days or less remaining on your current visa or if your last substantive visa has expired not more than 28 days ago. You must be unable to apply for another visa. You must be in Australia to be granted the visa. Eligibility for Applicants Intend to stay in Australia temporarily Have adequate financial support Have adequate arrangement for health insurance Meet health and character requirements Not have had a visa cancelled or a previous application refused Work Conditions This visa allows temporary visa holders to continue working in critical sectors in response to Coronavirus (COVID-19). Critical Sectors for Covid-19 Healthcare Disability and Aged Care Childcare Agriculture Food Processing Eligible Applicants Temporary Skill Shortage visa holders (Subclass 482) or Temporary Work (Skilled) visa holders (Subclass 457) Working holiday makers (Subclass 417 and Subclass 462) Subclass 403 visa holders in the Seasonal Worker Program and Pacific Labour scheme workers (in Agriculture only) Advantages of COVID-19 Pandemic visa Stay in Australia lawfully. Work in critical sectors for Covid-19. Include dependents members in your application. The Government has relaxed the requirements to apply for this visa to make it more accessible and accordingly, you do not need written endorsement from the Government to apply for this visa. The Department is accepting Covid-19 Pandemic visa applications from 4 April 2020. It is strongly advisable to apply for this visa if your current visa has expired or is expiring soon to stay lawfully in Australia. If you do not do so, your status will be considered as unlawful which may affect your eligibility to be granted a future visa. It is also important to know that if you continue staying in Australia without a valid visa, you may face some serious consequences. If you facing issue of visa expiry or are stuck in any other migration related matter, 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 with your visa application.
The special category 444 visa is a temporary visa that allows New Zealand citizens to visit, study, stay and work in Australia as long as you remain a New Zealand Citizen. This is a reciprocal arrangement that was made by New Zealand and Australia under the Trans-Tasman Arrangement which was introduced in 1973. New Zealand is the only country in the world who has this arrangement with Australia and the only limitation on the number of New Zealand entrants to Australia relate to any health of character requirements. Currently, there are more than 672,000 New Zealanders in Australia who hold a subclass 444 visa. As a result of the coronavirus pandemic that is affecting every aspect of Australia’s economic, health and social sectors, subclass 444 visa holders were one of the temporary visa subclasses that took a major blow when it came to employment. Financial benefits for New Zealand citizens With the current lockdown of major businesses, especially in hospitality, temporary visa holders have either been stood down or laid off. This has left many temporary visa holders struggling financially. Luckily, the Government has announced that any New Zealander on a 444 visa who arrived before 26 February 2001 will have access to welfare payments and the Government’s newly created JobKeeper payment. But do not fret, the Government has also announced that 444 visa holders who arrived after 2001 will also have access to the JobKeeper payments. In addition to this, New Zealanders who have lived in Australia for 10 years or more will be eligible for the JobSeeker and JobKeeper payments, but only for up to six months. However, the Government has strongly advised that any New Zealander on a subclass 444 visa who is unable to support themselves financially, should consider returning to New Zealand. New Zealanders coming home to Australia With the travel restrictions on Australian borders, New Zealand citizens who normally reside in Australia (with a subclass 444 visa or other permanent or provisional visa) are now permitted to come to Australia. However, on arrival you must be able to present proof of residency in Australia (such as showing your drivers licence or any other documents that show your residency). This must be presented when you check-in at the Airport. Once you have been permitted entry, you will then be required to undertake a mandatory 14-day quarantine at designated facilities (you may be directed to stay at a specific hotel) on your arrival. If you are a New Zealand citizen or permanent but you do not normally live in Australia, you are also permitted to transit through Australia in order to return home to New Zealand. Over the past weeks, we have been closely monitoring the news and restrictions being put on visa holders in Australia during the coronavirus crisis. It can be difficult to keep up with the visa changes implemented by the Government but at Migration Centre of Australia our team constantly monitors legislative or policy changes that can affect you to enable us to give our clients up to date migration advice. From understanding where you stand to making an application, our registered migration agents are able to guide you every step of the way. Contact us today on 02 4626 1002 or send us an email at admin@mckkrs.com.au and let us help you.
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.