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.
Hundreds of thousands of temporary visa holders in Australia, including international students on student visas are affected by consequences of the coronavirus epidemic. Are you an international student stuck in this predicament? The coronavirus outbreak, more widely known as COVID-19, has affected many temporary visa holders in Australia including international students who hold Australian Student Visas. Although an $84 billion stimulus package was enacted to help workers, students and businesses affected by the coronavirus pandemic, this financial aid has seen international students miss out. Not only this, international students who have come back to Australia within the time limit of Australian borders closing, have been required to self-isolate for 14 days further putting a strain on students. How will the travel restrictions affect you? If you are currently on a subclass 500 student visa, and you are affected by the travel restrictions, you should immediately contact your education provider or university to find out what options are available to you. The Department of Home Affairs has advised that students on a student visa that are unable to return to Australia to continue their studies, may need to have their study deferred. But do not be alarmed, as this deferral will not affect your visa status. Universities and education providers have also been working towards implementing an online learning environment as a way of continuing education. See full details here: https://www.homeaffairs.gov.au/news-media/current-alerts/novel-coronavirus How will your work be affected? This 14 day self-isolation has proven to be a major setback for those international students who work and study, pulling back their source of income. The Department of Home Affairs have announced that working international students who are currently employed at major supermarkets like Coles or Woolworths may be temporarily offered more hours to help keep the shelves stocked in the supermarket. Because of the serious ramifications of this outbreak, the Australian Government has allowed working international students to work longer than the fortnightly 40 hour limit. This is an initiative that will help keep up with the high demand of shoppers who have been racing to buy essentials. If you are an international student currently employed by Coles or Woolworths, you need not apply at the Department of Home Affairs for an extension of hours, the Department has advised that you contact your employer directly. See the full media release here: https://minister.homeaffairs.gov.au/davidcoleman/Pages/more-help-aussie-shelves-stocked.aspx Similar concessions have been applied to international student nurses who already work in Aged Care where the 40 hour per fortnight limit has also been overridden, and students are needed to help fill in the temporary staff shortages. There are approximately 20,000 international student nurses in Australia. As always, students will have the same rights under Australian workplace law as any other Australian employee. See the full media release here: https://minister.homeaffairs.gov.au/davidcoleman/Pages/international-students-ready-to-fill-critical-staff-shortages-in-aged-care.aspx Need professional migration advice? Amid the chaos that this coronavirus crisis is giving everyone in the country, you might be wondering: What is going to happen to my student visa? What if they cancel my student visa? What do I do if I’m not even in Australia yet? I am about to graduate and the borders are closed, what do I do? I am already in Australia but my student visa is about to expire! This can be an emotionally challenging moment and our Registered Migration Agents at Migration Centre of Australia are ready to listen and answer all your questions. Let us help you with your visa options and let us do the hard work for you. With years of experience in the immigration industry, our migration agents are experts in Australian Migration Law, student visas and visa cancellations. Having trained other registered migration agents and lawyers, we know how to help. Contact us today on 02 4626 1002 and speak directly to one of our Registered Migration Agents.
Invitation Date: 21 May 2020 ACT 190 Nomination – Invitations Issued: 485 All Matrix submitted: 150 to 70 points 65 point Matrix submitted on or before 31 December 2019 ACT 491 Nomination – No invitations 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.
Skilled Work Regional (Provisional) 491 visa is a temporary visa to live and work in regional Australia and requires sponsorship by either an eligible relative living in a designated area of Australia or by a State / Territory Government. For sponsorship by an eligible relative, it is required that the sponsor is 18 years old or above, usually resident in a designated area and is an Australian citizen or permanent resident, or an eligible New Zealand citizen. In this regard, it is clarified that there is no requirement in the Migration Regulations 1994 (Cth) or the Department’s policy that the family sponsor must live in the same designated regional area as the applicant he wishes to nominate. Thus, the sponsor and the applicant may be living in a different States or Territories and yet satisfying the sponsorship requirement for Subclass 491, along with other requirements.
According to the Department of Home Affairs (DoHA), the Commissioner of ABF (Australian Border Force) has granted travel exemption to 2937 of the total 4002 requests for outbound travel from Australia for the period 25 March 2020 to 06 May 2020. For overseas travel by Australian citizens and permanent residents, travel exemption from the Commissioner of ABF is required: 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. For inward travel exemption, the Commissioner of ABF has granted travel exemption to 6872 of the total 7134 requests for the period 02 February 2020 to 06 May 2020 for various categories such as business leaders, compassionate grounds, critical skill requirement, diplomatic travel, medevac patients, students, Protection Visa holders and transit through Australia.
The Regional Trade Agreements Division of the Department of Foreign Affairs and Trade has announced the commencement of the Indonesia-Australia Comprehensive Economic Partnership Agreement (“the IA-CEPA”) from 05 July 2020. According to the Preamble of the IA-CEPA, the countries recognise that “open, transparent and competitive markets are key drivers of economic growth, poverty reduction, job creation, innovation, expansion of productive capacity and human development”. International Trade obligations are relevant in migration context as labour market testing is not required. 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, including the IA-CEPA, that determines international trade obligations of Australia regarding labour market testing. To see list of all international trade obligations, click here. To read full text of the IA-CEPA, click here.
The Migration Amendment (Regulation of Migration Agents) Bill 2019 [“the Regulation Bill”] was first introduced in the House of Representatives along with Migration Agents Registration Application Charge Amendment (Rates of Charge) Bill 2019 [“the Registration Bill”] on 27 Nov 2019. The Regulation Bill, popularly known as the ‘Deregulation Bill’, proposes amendment to the Migration Act 1958 (Cth), interalia, to remove unrestricted legal practitioners from the regulatory scheme that governs migration agents. Further, the Registration Bill proposes amendment to the Migration Agents Registration Application Charge Act 1997 (Cth) for payment of adjusted charge for providing non-commercial immigration assistance. Both the Bills were first introduced in the Senate on 13 Feb 2020 and were to be laid on the table of the Senate for discussion in May 2020 but that hasn’t happened yet. Track the progress of the Regulation Bill, click here.
Attention subclass 500 student visa holders! The Prime Minister only recently announced a 3 stage roadmap for Australia’s way out of the coronavirus pandemic. On that roadmap features a possible lifting on travel bans. The Federal Government has confirmed that it has considered exempting international students from Australia’s travel restrictions as early as this July. There has also been considerations to approve travel between Australia, New Zealand and Pacific island nations. Compared to other countries internationally, Australia has done extremely well in mitigating the risk of spread and working towards “flattening the curve”. However, this had to come at a cost with our economy hit the hardest. The roadmap features 3 stages. The first stage sees the reopening of restaurants, cafes and shopping centres, the second stage sees the reopening of gyms, cinemas and amusement parks and the third stage largely focuses on international travel easements. Although the only countries considered are Cross-Tasman and pacific island nations, it is an excellent start to bringing back normality in our lives. Of course, this roadmap will be implemented through the discretion of State and Territory leaders and this roadmap still does not eliminate the 1.5 metre social distancing rule. Albeit, the easing of these restrictions and the pace that they will be enforced will be largely dependent on our responsibility to ensure social distancing measures are kept intact. The education industry in Australia is deemed the country’s largest imports which sees hundreds of thousands of international students coming to study in Australia each year. Did you know that international students contribute AU$40 billion a year to the Australian economy? This move to reopen the doors to international students as early as July is seen as a way of allowing our economy to give relief to our educational institutions who were also affected by the pandemic. The International Education Association of Australia chief executive has recently called for the reopening of Australian borders for international students, saying that they offer more than just economic benefits. He specifically told SBS News that, “International education is Australia’s fourth-largest export industry which generates nearly 240,000 Australian jobs and is a key revenue source for public universities and many other private education providers.” He also said that reopening Australian borders to international students could give the country a “step up on the competition” in the international education market against Canada, the US and the UK for future overseas enrolments. However, despite this exception being made to international students, no considerations have yet been made on other restrictions being lifted, that is, to allow our tourism industry to once again bring in eager travellers who wish to explore Australia. This next lifting of restrictions will be something that we will just need to wait in anticipation for. Even if international students are allowed back into Australia in July, do expect that self-isolation measures will still apply. 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 a student visa holder please know that these changes will affect you. If you want to know more about subclass 500 student visas, or if you wish to apply for a student visa, or if you are already a subclass 500 visa holder and you simply want to know about how these changes can affect you, 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 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.