Your client is in immigration detention, and they have no more options left to legally stay in Australia. How can you assist them? The best way to achieve optimal results for your client would be to make an application for a Bridging Visa E on departure grounds [Schedule 2 Clause 050.212(2)] If your client can obtain a Bridging Visa and is therefore able to leave the country as a lawful non-citizen they will not have to be removed. As well, this means they will have a better chance of re-entering Australia, provided of course that they can make a valid visa application. However if they can’t obtain a Bridging Visa because their visa has been cancelled or refused they will have to remain in detention until they are removed. What if your client is unlawful, but has not yet been detected? You will need to counsel them to attend an immigration office as soon as possible, with their valid passport, and a current airline ticket, to make an application for a Bridging Visa on departure grounds. It is important that you ensure your client understands that if they go to the airport without a valid visa they may be questioned and detained by border officials. In the worst case scenario they risk being removed involuntarily from the country as an unlawful non-citizen. Under section 210 of the Migration Act any person, except those on a criminal justice visa, who is removed or deported must repay all the costs of their removal or deportation. An unlawful non-citizen who requests in writing to be removed, and the request is approved, is considered to be a voluntary removal. If they do not require a security escort, or medical, or welfare escorts then they can be removed unescorted. On the other hand, a non-citizen who has not made a written request to be removed, is known as an involuntary removal. If they pose a high security risk, or require medical, or other escorts, then their removal must be escorted. All unlawful non-citizens are required to be removed as soon as reasonably practicable. An officer of the Department also has the discretion to remove the spouse or defacto partner of a non-citizen who has been removed from Australia. Assisted Voluntary Returns (AVR) services are available to assist Bridging Visa E visa holders who may need assistance and support to leave Australia. If you think your visa has expired, or your visa is about to expire, or you are not sure of your immigration status, don’t put your future or your family at risk because you haven’t got the facts. At Migration Centre of Australia we are experienced in handling highly complex and sensitive matters, and we have some of the best immigration agents in Sydney. Call our Registered Migration Agents 02 46261002, or email admin@mckkrs.com.au.
We know that international students have work restrictions which comes down to 40 hours a fortnight. There is a change in that restriction as discussed by Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alan Tudge recently. Especially at Aged care centres where international students are currently working , there will be a provision where these providers offer more hours to the students to ensure the care of senior and more vulnerable Australians is addressed. Similar flexibility will be provided to supermarket workers so that shelves are stocked up with essential items despite the fact there is shortage of workers. These measures will be administered by the Department and are offered to existing employees for the time being. However, Providers are still required to abide by all relevant Australian workplace laws. Students have the same rights under Australian workplace law as all other employees. These announcements elaborate existing temporary arrangements relaxing visa work conditions to the aged care sector, applying to both residential and home care.
What, then, are the eligibility requirements for the adoption visa? First, the adoption has to be in the best interests of the child. Second, there has to be an eligible sponsor (AUS Citizen/PR) – this is the adoptive parent/s. Third, the child must be under at 18 at the time the decision is made on the visa application. And of course, the primary factor determining whether or not the visa will be granted, the adoption itself. There are 3 principal methods of adoption: Have been or be in the process of being adopted through an intercountry adoption or arrangement with the involvement of an Australian state or territory central authority; OR Have been or be in the process of being adopted through an intercountry adoption between 2 countries, other than Australia, that are parties to the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption , OR Have been adopted through an adoption that did not involve an Australian state or territory central authority. This is also called an expatriate adoption. The adoptor must be an Australian citizen, an eligible New Zealand citizen or the holder of an Australian permanent visa. And they must have been living outside Australia for more than 12 months before lodging the visa application . If one of the above is satisfied, then you qualify for this visa subclass. Seems straightforward right? Actually, not quite. As it happens, there is another question that is borne out of these complex definitions of adoption. Funny thing is that it involves adoption, but not this subclass of visa: What if I was adopted by someone who was not an Australian Resident at the time, but became one at a later date? Thankfully, here at the Migration Centre of Australia, we have knowledgeable migration agents that know the answer. Simply put, if you fulfil that criteria and your adoptive parent became an Australian Permanent Resident after the adoption, then this visa subclass does not apply to you. You will need to apply for the child visa (subclass 101). The other eligibility requirements are similar to those of the subclass 101 visa. If you feel you qualify for either subclass, contact the Migration Centre of Australia now and our team of registered migration agents will help you migrate to Australia and join your family. Our expertise will be applied to ensure you get a successful outcome and are granted the visa. So call us at 0246261002 or email at admin@mckkrs.com.au
Invitation date: 14 April 2020 ACT 190 Nomination – Invitations Issued: 62 All Matrix submitted: 120 to 75 points 70 point Matrix submitted on or before 31 December 2019 ACT 491 Nomination – Invitations Issued: 78 All Matrix submitted: 100 to 70 points 65 point Matrix submitted on or before 09 March 2020 All matrix expire 6 months after submission date if an invitation is not issued. The next invitation round is scheduled to be held by 30 April 2020.
Skilled Migration Visa holders who are unable to travel to Australia due to border closure and other travel restrictions in response to Covid-19 may not get their visas cancelled for breach of condition 8504 alone. Condition 8504 on skilled and business visas requires that the offshore visa holders must enter Australia before a specified date for the visa be active. Generally, a breach of visa condition may result in cancellation of the visa itself by the Department. However, South Australian Government will not seek to cancel a granted Skilled Visa on the grounds of breach of Condition 8504 where breach was related to the COVID-19 Pandemic. The visa Subclasses covered under this arrangement are Skilled Independent visa (Subclass 189), Skilled Nominated visa (Subclass 190), Skilled Regional visa (Subclass 489), Skilled Work Regional visa (Subclass 491). Visa holders of Business visas and Distinguished Talent visas who are unable to travel to Australia and meet requirement of Condition 8504 must contact business.skills.adelaide@homeaffairs.gov.au to receive further information.
The Australian Government is funding the Red Cross for the next 6 months to support temporary visa holders in Australia with urgent and essential needs like food and medicine as emergency relief payments. To be eligible to claim the relief, the person must be a temporary visa holders in Australia who is facing severe financial hardship and without access to Centrelink, Medicare or other Government services. Red Cross will decide on the eligibility for receiving the services and may give preference to people with most urgent needs first.
Most States pause nominations for Business Innovation and Investment Visa (Subclass 132 and 188) programs for FY 2019-2020 and accordingly are not accepting any new nomination application till 30 June 2020. In Victoria, no applications, including any draft applications not submitted, are being accepted from 09 April 2020, 12pm AEST onwards. Further, any draft applications which is not submitted will be removed and made inaccessible and the applicants will have to start afresh. In Queensland, the BMSQ (Business and Skilled Migration Queensland) Business Program applications were suspended on 02 January 2020. The State Departments will continue to process the applications received prior to respective dates. Further, they continues to accept nominations for Business Innovation – Extension only (Subclass 188A Extension), Significant Investor – Extension only (Subclass 188C Extension), Permanent Business Innovation (Subclass 888A), Permanent Investor (Subclass 888B), and Permanent Significant Investor (Subclass 888C). Business Innovation and Investment Visa Programs are still open for applications in Tasmania, Western Australia and Northern Territory.
According to the Department, 300,000 temporary migrants have left Australia since the beginning of the year due to Covid-19. Moreover, the Government is expecting this number to “double by the end of the year”. Acting Minister, Alan Tudge clarified that most of the temporary visa holders who left Australia were actually international tourists on visitor visas. Usually, this number is not as stark as there is balance maintained by tourists entering and exiting Australia. However, due to border closures and other travel restrictions in response to Covid-19, no temporary visa holders are allowed to enter Australia.
The Hon Alan Tudge MP, current acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs clarifies that various temporary visa category holders are targeted differently in terms of support they receive from the Government such as by relaxing certain visa conditions, extending the limit of working hours and early access to superannuation funds. The Government’s message “to go home” aimed at visitor visa holders who are able to go back to their home country. In cases where that is not possible from them to return for reasons such as the country is under complete locked down in response to Covid-19, the Department may extend their tourist visas to let them stay lawfully in Australia for the time being. He said, “As I said, for those tourists who’re here, whose visas are due to expire, who are concerned that they cannot get home, then they should contact the Immigration Department as a matter of urgency.”
Migration (LIN 19/211: Arrangements for Skilled Employer Sponsored Regional (Provisional) Visa Applications) Instrument 2019 [“the Instrument”] amended vide the Migration (LIN 20/101: Arrangements for certain visa applications) Amendment Instrument 2020 [“the Amendment”] dated 11 March 2020 is registered on 14 April 2020. The Instrument provides form and manner of making Skilled Employer Sponsored Regional (Provisional) (Subclass 494) visa applications and circumstances under which skills declaration is not required in relation to lodging a visa application. The date of commencement of the Instrument, as amended, is 14 March 2020.