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Australian Immigration News for January 2015 - New English Tests / Partner Visa Fees Up / Chef and Motor Mechanic now great options!

 

 

Topics covered by Chris Johnston, Lawyer an Registered Migration Agent:


1. Partner Visa fee increase 0:11
2. New English Language Tests 0:50
3. Temporary Work Visa - Subclass 400 VISA now longer 1:37
4. Chef and Motor Mechanic now a great option 2:28

Registered Migration Agent - RMAN 0640686

Warning:

This information is accurate on the 17 January 2015. 

DIBP will change visa requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

 

Do You Need Help in Relation to Australian Visas?

If you require further information regarding Australian visa options you contact our offices on:

 (08) 7225 5091 or +61 8 7225 5091  

or

This email address is being protected from spambots. You need JavaScript enabled to view it.

 

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WHICH ENGLISH TEST IS THE BEST FOR AUSTRALIAN MIGRATION?

WHICH ENGLISH TEST IS THE BEST FOR AUSTRALIAN MIGRATION?

WHICH ENGLISH TEST IS THE BEST FOR AUSTRALIAN MIGRATION?

2018 IELTS UPDATE: IELTS now offering computer-delivered English tests for visa applicants in AustraliaIELTS now offering computer-delivered English tests for visa applicants in Australia

New tests are available for Australian Migration, giving you more options!

Since 23 November 2014 the Department of Immigration and Border Protection (DIBP) has accepted other forms of English tests other than IELTS and the OET for Temporary Graduate, Skilled, Former Resident and Work and Holiday visa applications.  In our earlier article we mentioned that in addition to IELTS and OET, applicants can now use TOEFL and PTE Academic for visa application purposes (CAE to be accepted 1 Jan 2015 onwards).  Click here for our earlier article regarding the newly accepted English exams and the relevant scoring benchmarks.

So applicants now have options to the type of English exam they wish to take for their visa application. 

The options include:

  • IELTS
  • TOEFL iBT
  • Pearson - PTE Academic
  • Cambridge English: Advanced (CAE)

WHICH ENGLISH TEST is Easiest and Best for You?

Are all the English exams the same? 

Are the structures of some exams more compatible for the person taking the exam? 

TOEFL is all done talking to the computer, whereas IELTS is paper based for writing and you have to speak to a person.

Watch this video of a student who have done all the different exams and what he thinks about them.  You can hear him speak about the differences between TOEFL and IELTS at the 3:31 mark: 

I scored much better on the TOEFL test than I did the IELTS. So the difference was quite big.  So apparently for me the TOEFL was better.  So for the IELTS test I had an overall average of 7.5... For the TOEFL test I scored...  for the internet based test I scored 114 out of 120

Another video provides more details on the preparation for the exams (2:55 mark):

These (preparation leaflets) are very important because they really give you... put you at ease when you are in front of the exam so I would really recommend reading those. So even if you don’t really prepare your English at least you prepare the way you have to take you exam so that would help you a lot.

On the exam format (6:34 mark):

... in TOEFL lots of it were in multiple choice except for the writing section and in the IELTS you have to write even when you are listening and also when you are reading you have to write...

For a detailed description of the exam formats and differences you can watch this video and find out what tasks await you in the different exams.  There are also many tips and video guides on specific sections for the exams on YouTube.  You can also find more descriptions online for the other English exams such as Cambridge English: Advanced (CAE) that is now accepted for visa applications.

Now that you know the exams are different, do find out and try the specimen exam materials for the different tests to see which suits you better.  Complications in fulfilling the English requirements can delay your visa application and affect your eligibility.  Act now to find your best English test and obtain the scores required to start your new life in Australia!

Comments by Chris Johnston – Principal Lawyer at Work Visa Lawyers:

With the recent opening of new test for many Australian visas, I have spoken with many of my client’s.  Some are sticking with the IELTS as they are used to its structure. 

There is also strong interest in the TOEFL IBT due to it being done on a computer at a testing centre.  I will do further blogs in which I comment on the feedback provided by my clients about which test they prefer.

Source:

From Fulbright Belgium

Applying to US Universities: Comparing the GRE, GMAT, TOEFL and IELTS Tests

https://www.youtube.com/watch?v=agBQrQOWPAo


TOEFL vs IELTS: Comparing English Language Proficiency Tests

https://www.youtube.com/watch?v=yk2hMlRW99g

TOEFL - IELTS: Compare TOEFL vs IELTS and take the right one https://www.youtube.com/watch?v=2CFBXg4H3fU

Warning:

 This information is accurate on the 11 January 2015.

Do You Need Help with Australia Migration?

At Work Visa Lawyers we are experienced in assisting applicants with the Expression of Interest, State Sponsorship and Visa application process for state sponsored subclasses 190 and 489.  We can also assist with the Independent 189.

If you require further information regarding an application or your Australian visa options you can contact us through:

(08) 7225 5091 or +61 8 7225 5091 

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

 

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Immigration SA announces changes to provide visa options for Vocational, Educational and Training graduates – good news for Enrolled Nurses, Cooks and more

Immigration SA announces changes to provide visa options for Vocational, Educational and Training graduates – good news for Enrolled Nurses, Cooks and more

South Australian International Vocational, Education and Training (VET) Graduates now considered for State Nominations

 

Effective from 23 December 2014, Immigration SA is including VET graduates as part of the state sponsorship programme for skilled migration visas subclass 190 and 489.  To be eligible VET graduates of South Australia will need to be:

  • Currently working for 12 months or more in their nominated or closely related occupation in South Australia (minimum 20 hours per week); OR
  • Currently working for 6 months or more in their nominated or closely related occupation in a country region of South Australia (minimum 20 hours per week). The country region must be outside of Greater Adelaide.

The country region of South Australia is defined by postcode and you can explore the country regions on the Immigration SA website here.

What does this mean for you?

The expansion of the graduate list means that there are more opportunities for non-bachelor degree graduates to apply for permanent residence in South Australia.  To find out if the new changes are an opportunity for you, visit the Immigration SA website or contact us via the details below.

 

Source:

Immigration SA website

http://www.migration.sa.gov.au/news-events/news-releases/south-australian-international-vocational-education-and-training-vet-graduates-1

This information is accurate on the 2 January 2015.  DIBP and Immigration SA will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application.

Do You Need Help?

At Work Visa Lawyers we are experienced in assisting applicants with the Skilled Migration visa applications which include State Sponsored visas subclass 190 and 489.  We can also assist with the Skilled-Independent stream for eligible applicants.

If you require further information regarding an application or your Australian visa options you can contact us through:

 (08) 7225 5091 or +61 8 7225 5091

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

 

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Partner Visa Application Fees Increasing on 1 January 2015

Partner Visa Application Fees Increasing on 1 January 2015

 The price of assisting your fiancé, de facto or married partner to obtain an Australian residence visa is getting costlier.  The Department of Immigration and Border Protection (DIBP) has announced an increase in visa application charges (VAC) for partner visas.  The 50% VAC increase will be effective 1 January 2015.  Here are the numbers:

  • Offshore provisional and permanent partner visas - currently $3085 increased to $4630.00
  • Prospective marriage visa - currently $3085 increased to $4630.00
  • Onshore temporary and permanent partner visas - currently $4575 increased to $6865.00

This move is expected to provide DIBP with an additional A$373.6 million over four years, for the purpose of funding whole-of-government policy priorities.

At the same time DIBP has announced a planned increase in the intake of refugees for the year 2017-18.

What Do We Think

  • The significant increase of 50% in the VAC is in effect a punishment for Australian citizens and permanent residents who have partners from overseas
  • There is no promise of better service or shorter process times to go with the increase in fees.  Rather it is 50% higher fees at the same level of service.  From the date of application partner visas currently take approximately 1 year to be granted
  • Bringing a partner in to Australia to start a family and contributing to the planned population growth will be more difficult financially

(net overseas migration currently contributes to 60% of Australia’s population growth)
Source: DIBP Fact sheet 15 - population growth

  • The VAC increase is similar to what Skilled Migration applicants experienced in July 2013 when fees were changed to charge per person instead of per family application.  Read our previous article here

What Can You Do

  • If you intend to apply for a partner visa, submit your visa application before 1 January 2015 to avoid the VAC increase
  • If you need information about your current situation and to find out which visa is best for you to bring your partner into Australia, contact a Registered Migration Agent now

Source:

DIBP Website

http://www.immi.gov.au/News/Pages/increase-in-partner-vac.aspx

https://www.immi.gov.au/media/fact-sheets/15population.htm

SBS Website

http://www.sbs.com.au/news/article/2014/12/15/govt-cash-visas-foreign-love

This information is accurate on the 16 December 2014.  DIBP will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application.

Do You Need Help?

At Work Visa Lawyers we are experienced in assisting applicants with the Family Migration Stream which includes Partner Visa applications.  We can also assist with Skilled Migration visa applications for candidates looking for other options.

If you require further information regarding an application or your Australian visa options you can contact us through:

 (08) 7225 5091 or +61 8 7225 5091 

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

 

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Australian Temporary Work Visas just got longer

Australian Temporary Work Visas just got longer

The Department of Immigration and Border Protection (DIBP) has announced a change in the Temporary Work (Short Stay Activity) visa (subclass 400) where visa applicants may apply for a stay period of up to six months upon first entry. A strong business case is required when applying for stays longer than three months. Factors to be considered for the grant of stays longer than three months include:

 · satisfying Australian workplace standards and not adversely affecting Australian workers

 · details about the project and potential adverse effects to the Australian community and people should the project fails to be implemented

 · evidence that there are local shortages of specialised skills possessed by the applicant

 · inability and difficulties faced by the employer in hiring Australians to fulfil a contracted work

 · number of Australians employed by the business or project

 · time available to train an Australian to implement and complete the proposed work or project over a longer timeframe

The time given to enter Australia upon visa grant is now six months.

 

Source:

DIBP Website

http://www.immi.gov.au/visas/pages/400.aspx

This information is accurate on the 15 December 2014.  DIBP will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Do You Need Help?

At Work Visa Lawyers we are experienced in assisting applicants with the Business Sponsorship, Nomination and Visa Application for the subclass 457 and 400 visas.  We can also assist with the SkillSelect visa options for candidates.

If you require further information regarding an application or your Australian visa options you can contact us through:

 (08) 7225 5091 or +61 8 7225 5091  

or  This email address is being protected from spambots. You need JavaScript enabled to view it.

 

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Change on South Australian State Nominated Occupation Lists ‘Corporate Services Manager’ has been updated to medium availability

Change on South Australian State Nominated Occupation Lists ‘Corporate Services Manager’ has been updated to medium availability

 

Change on South Australian State Nominated Occupation Lists

The Status of the occupation ‘Corporate Services Manager’ has been updated to medium availability.

So if you want to do a state nominated 190 or 489 application for Corporate Services Manager, you should get in quick while it is still on the list.

Source:

Immigration SA:

http://www.migration.sa.gov.au/skilled-migrants/state-nominated-occupation-lists

This information is accurate on the 13 December 2014.  Immigration SA and DIBP will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Do You Need Help?

At Work Visa Lawyers we are experienced in assisting applicants with the Expression of Interest, State Sponsorship and Visa application process for state sponsored subclasses 190 and 489.  We can also assist with the Independent 189.

If you require further information regarding an application or your Australian visa options you can contact us through:

 (08) 7225 5091 or +61 8 7225 5091  

or  This email address is being protected from spambots. You need JavaScript enabled to view it.

 

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10 things to know about when applying for a 457 visa – Australia’s most common temporary work visa

10 things to know about when applying for a 457 visa – Australia’s most common temporary work visa

2018 UPDATE

Notice: The 457 visa is no longer being granted and was replaced by the 482 visa. 

Top 10 Facts You Need to Know About the New Australian 482 Visa

Video: Top 10 Facts You Need to Know About the New Australian 482 Visa

 Introduction to the 457 visa

Subclass 457 visa is the most common Temporary Work visa. The duration of the visa is for up to 4 years. You can bring your family with you to Australia. Your family can live, work or study for the duration of your visa.

The first requirement to apply for this visa is a Business who is ready to Sponsor you to work for them. The Business should be able to satisfy the Standard business Sponsor requirements discussed later in the Blog. Secondly, you as an applicant should have the required qualifications, work experience and English proficiency.

10 things to know about when applying for a 457 visa – Australia’s most common temporary work visa

1.    Three stages of the 457 application: Subclass 457 is applied in three stages:

i.        Stage 1 - Sponsorship: The Business has to apply for approval as a ‘Standard Business Sponsor’ to DIBP. The business will need to meet a range of criteria including active operation and Training Benchmarks.

ii.        Stage 2 - Nomination: Once the business is approved as a ‘Standard business Sponsor’, a nomination application is to be lodged to the DIBP which will identify the position that is to be filled and key features of the position.

iii.        Stage 3 - Visa: This is the third and last stage of the 457 application. The applicant applies for a visa and must have the required qualification or skills and English.

2.    Training benchmark A and benchmark B: This is one of the requirements of the business to become a Standard Business Sponsor. The Business has to fulfil either of the two benchmarks at the time of applying for the Sponsorship application (Stage 1):

i.        Benchmark A – Business has paid 2% of the total wages paid to its employees in the last 1 year to an Industry Training fund. This Industry Training Fund should be relevant to the employer’s business.

ii.        Benchmark B – Business spent 1% of the total wages paid to its employees in the last 1 year to train the Australian employees. Australian employees include employees of the Business who are either Australian citizens or Australian Permanent Residents.

3.    Do you have an accepted occupation?

Nominated Occupation must be on the CSOL: The occupation of the applicant should be on the Consolidated Skilled Occupation List. This list can be found on http://www.immi.gov.au/work/pages/skilled-occupations-lists/skilled-occupations-lists.aspx

 

Top 10 occupations for a 457 visa are:

 

·         Cook (ANZSCO: 351411)

·         Cafe or Restaurant Manager (ANZSCO:141111)

·         Developer Programmer (ANZSCO: 261312)

·         Marketing Specialist (ANZSCO: 225113)

·         University Lecturer (ANZSCO: 242111)

·         General Practitioner (ANZSCO: 253111)

·         ICT Business Analyst (ANZSCO: 261111)

·         Accountant (General) (ANZSCO: 221111)

·         Mechanical Engineering Technician (ANZSCO: 312512)

·         Customer Service Manager (ANZSCO: 149212)

 

There are currently 651 occupations on the CSOL. So it is worth checking if yours is on the list.

Do you need help establishing the most appropriate occupation? Call us.

 

4.    Nomination requirements include meeting TSMIT, Market salary and LMT:

 TSMIT (Temporary Skilled Migration Income Threshold): This is the income threshold that is set by the DIBP. Currently the TSMIT is set at $53,900 (please check the figure before you apply as it is subjected to change). Business has to pay a yearly salary of equal to or more than this amount to the applicant to meet the TSMIT requirements.

Market Salary: Market salary is the salary that is being paid to employees with similar occupation in the market. It must be more than TSMIT. Business has to pay a salary equal to or more than the market salary to the applicant.

Please note: The salary to be paid to the applicant should be equal to or more than TSMIT and equal to or more than the market salary for the nominated occupation.

LMT (Labour Market Test) may be required: Business may be required to provide evidences that they tried to fill the nominated position with an Australian employee and that the Business advertised the position in last 1 year but could not get a suitable candidate for the position.

5.    Visa applicant must have required skill and English: The visa applicant should hold skill and work experience in the nominated occupation in some cases. If the nominated occupation is a Trade occupation, applicant may require a Skill assessment from the Trade Recognition Australia (TRA). The nominated occupation may have Registration and Licensing requirements as well.

Visa applicant will need to meet English requirements or an exemption: The visa applicant is required to score 5 bands in each module in IELTS or a score “B” in each of the four components in OET. Applicant may be exempted from this requirement if:

i.        Applicant is to be paid a base salary of more than the English-language-requirement exempt amount which is $96,400 per year at present (it may change in future), or

ii.        Applicant holds a passport from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America, or

iii.        Applicant has completed at least five years of continuous full-time study in a secondary or higher education institution in English.

6.    Conditions applicable to Business Sponsor and applicant after grant of 457 visa:

There are a large number of requirements for approved 457 Business Sponsor and 457 visa holders to comply with. The conditions include:

  i.        Conditions applicable for business:

     i.    Applicant works in the nominated occupation.

     ii.    Business should retain all the records.

     iii.    Provide training to Australian citizens or permanent residents.

ii.        Conditions applicable for the applicant:

       i.     Primary applicant can only work for the approved sponsor

     ii.    Secondary applicants have no work restrictions

     iii.    There are a limited number of occupations with exemption to work rights

     iv.    Must maintain adequate arrangements for health insurance

     v.    Must inform DIBP if applicant stops working.

The Department of Immigration and Border Protection does undertake monitoring on approved Business Sponsor. We have expertise in helping businesses respond to monitoring requirements.

Do you need help with responding to the Department regarding Business Sponsor Monitoring.  Call us.

7.    457 offers pathway to Australian PR: After working with the approved Sponsor for two years, applicant can apply for a Permanent visa subclass 187 under the Temporary Residence Transition Stream. The Business Sponsor must meet all Sponsorship requirements for the two years the person is on a 457, if they want to be able to use the Temporary Transition pathway.

8.    Government Review and recommendations to change 457 to cut ‘Red tape’

The Government has release a review report on the 457 program titled, Robust New Foundations: A Streamlined, Transparent and Responsive System for the 457 Programme.

The Report contains 22 recommendations, which include the following:

·         Labour Market testing requirements be abolished;
A more flexible and adaptive approach to adding occupations to the 457 list (CSOL list), due to limitations of the current ANZSCO occupations.

·         That the English language requirement be amended to an average score. For example, in relation to International English Language Testing System, the 457 applicant should have an average of 5 across the four competencies (or the equivalent for an alternative English language testing provider)

For more details on the recommendations, please go to:

http://www.workvisalawyers.com.au/news/entry/457-visa-news-government-report-recommends-changes-including-easing-english-requirements-and-lmt.html

9.    Alternative visas to the 457:

If your occupation is not on the CSOL then your options may include:

1.    RSMS visa – this requires that the position is a Trade or Diploma level on ANZSCO but is not limited to a list.

2.    Labour Agreement – It is possible to apply for a labour agreement to get access to occupation not on CSOL or to varying other 457 condition. The Labour agreement process is usually external and would require professional assistance.

3.    Partner visa - if you have an Australian Partner.

4.    Student visa

This is not the full range of options, but just some of the most common.

10.Do I need help?

The 457 process is complicated and the requirements are regularly changed by the Australian Government. Currently 73% of 457 visa applications are lodged by Registered Migration Agents. This is based on figures for April to June 2014.

In Australia, migration agents must be registered with the Office of the Migration Agents Registration Authority (MARA). If you choose to use a migration agent, you should use a registered migration agent.

Registration gives you protection and helps ensure people working as migration agents are aware of current laws and procedures and give correct advice.

https://www.mara.gov.au/media/337494/MAAR_Apr_Jun_2014_Web.pdf

If you require assistance with a 457 visa process then Work Visa Lawyers has a team of Migration Lawyers and Registered Migration Agents that can assist you.

Sources:

Australian Government Report:

http://www.immi.gov.au/pub-res/Documents/reviews/streamlined-responsive-457-programme.pdf

News release by Senator the Hon. Michaelia Cash:

www.minister.immi.gov.au/media/mc/2014/mc217716.htm


Warning -This information is accurate on the 28 November 2014.  

DIBP will change visa requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

 

Do you Need Help with the 457 process, to be approved as a business sponsor or to get an Australian Visa for an employee?

 

If you require further information regarding an employer sponsored visa applications, either as an employer or an applicant, we can help you.

Our contact details are:

 (08) 7225 5091 (if calling from within Australia)

+61 8 7225 5091 (if calling from outside Australia)

Email address: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

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Yeah! New English Tests now acceptable for many Australian visa applications

Yeah!  New English Tests now acceptable for many Australian visa applications

 

Yeah!  New English Tests now acceptable for many Australian visa applications - TOEFL iBT and PTE Academic witn CAE to follow in January!

 

The Department of Immigration has been sending this news release out today:

 

“Expansion of three additional English language tests across visa programmes from 23 November 2014

From 23 November 2014 the department will accept test scores from two additional tests to IELTS across the Temporary Graduate, Skilled, Former Resident and Work and Holiday programmes. These are the Test of English as a Foreign Language internet-based test (TOEFL iBT) and the Pearson Test of English (PTE) Academic. The department will also accept scores from the Cambridge English: Advanced (CAE) test undertaken from 1 January 2015. Further information about these alternative tests is available from the department’s website www.immi.gov.au/News/Pages/aelt.aspx.

The department will not accept test scores from TOEFL iBT, PTE Academic or Cambridge English: Advanced (CAE) tests for Temporary Work (Skilled) (subclass 457) visas as evidence of English language ability.”

Here are the English Score Equivalencies in a Table

English Language
proficiency level

Test component

IELTS

TOEFL iBT

PTE Academic

Cambridge English:
Advanced (CAE)*

OET

Functional

Average/total/overall across test components only

4.5

32

30

147

n/a

Vocational

Listening

5.0

4

36

154

B

Reading

5.0

4

36

154

B

Writing

5.0

14

36

154

B

Speaking

5.0

14

36

154

B

Competent

Listening

6.0

12

50

169

B

Reading

6.0

13

50

169

B

Writing

6.0

21

50

169

B

Speaking

6.0

18

50

169

B

Proficient 
(for points tested Skilled visas)

Listening

7.0

24

65

185

B

Reading

7.0

24

65

185

B

Writing

7.0

27

65

185

B

Speaking

7.0

23

65

185

B

Superior
(for points tested Skilled visas)

Listening

8.0

28

79

200

A

Reading

8.0

29

79

200

A

Writing

8.0

30

79

200

A

Speaking

8.0

26

79

200

A

*From 1 January 2015 and only for a Cambridge English: Advanced (CAE) test taken on or after 1 January 2015.

Sources:

DIBP website:

http://www.immi.gov.au/News/Pages/aelt.aspx 

Warning:

 This information is accurate on the 24 November 2014.  State/Territory Bodies and DIBP will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Do You Need Help with  Australia Migration?

At Work Visa Lawyers we are experience in assisting applicants with the Expression of Interest, State Sponsorship and Visa application process for state sponsored subclasses 190 and 489.  We can also assist with the Independent 189.

If you require further information regarding an application or your Australian visa options

you can contact us through:

 (08) 7225 5091 or +61 8 7225 5091  

or      This email address is being protected from spambots. You need JavaScript enabled to view it.

 

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Australian Partner visas are hugely popular in the Christmas season! Why? Which Partner visa is best?

Australian Partner visas are hugely popular in the Christmas season!  Why?  Which Partner visa is best?

 

Why are Partner Visas Number one for Christmas?

Every year I notice that in the weeks leading up to Christmas there is a dramatic rise in the number of visa enquiries about Partner Visas. 

There may be a number of reasons for this and here are some of my explanations:

With the warmer weather and festive season, love may be in the air. 

·         It is common for WHV holders  to meet someone special that is an Australian Citizen or Permanent Resident, and to consider lodging a Partner Visa onshore. Working Holiday Visas holders often arrived in Australia in summer and often their visas are nearing expiry late in the year.  On the 30 June 2014, between the Work and Holiday Visa (462) and the Working Holiday Visa (417), there was a total number of 151,201 visa holders. 

·         Student visa holders often have a visa expiry date of the 15 March and so in December they may be considering their next visa, which if they are in a relationship with an Australian Citizen or Permanent Resident, may be a Partner Visa.

·         It could be that the approaching end of the year means that people start planning or the next year and a Partner visa may feature in the planning. 

Whatever the reason, if you are interested in applying for a Partner visa, or in being a sponsor for a Partner visa, then the following information may be useful.

Which Partner Visa should I you apply for?

Which one is best, depends a lot on your situation.

There are three main options in terms for partner visas.

·         Partner Visa Onshore

·         Partner Visa Offshore

·         Fiancé Visa (Prospective Marriage Visa)

The Partner Criteria are also very relevant if you are adding a partner to an existing visa.  When adding a Partner, the key difference, is that the application is based on one of the partners holding a relevant visa, and not on one of the partners being an Australian Citizen or permanent resident.   The common criteria of a spouse relationship – a continuing and genuine relationship to the exclusion of others, will apply.

I will provide some information on these various options.

Partner Visa Onshore – Temporary and Permanent

All partner visas must have a sponsor and a primary visa applicant. The sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen that is in a relationship with the primary visa applicant.

The primary visa applicant must be in a relationship with the sponsor.

To qualify for a partner visa you must be in a married or de facto relationship:

  •        The marriage must be recognised under Australian law or;
  •        The de facto relationship must have existed for 12 months prior to applying, unless you be able to show that compelling and compassionate circumstance apply. De facto relationships include same-sex relationships.

In some states and territories it is possible to register a relationship which can then mean the 12 months de facto requirement does not need to be met. 

You must be able to provide evidence to support the genuine and continuing nature of your relationship including:

·         Financial evidence supporting your mutual commitment to your partner.

·         Social and public nature of the relationship.

·         Evidence detailing your mutual and exclusive commitment to each other. Factors considered by the Department include the time spent living together and the length of the relationship.

The visa application can include dependent children and may be able to include dependent relatives.

Partner visas are usually a two staged process. You must first apply for a temporary (provisional) Partner visa, which allows you to travel to and live in Australia.

If you meet criteria including the relationship continuing two years after being granted the provisional visa, then you may be able to receive a permanent Partner visa.

In some circumstances, you may receive a permanent Partner visa straight away, such as when the relationship has been ongoing for several years or more, or when there are children of the relationship.

Partner Visa Offshore – Temporary and Permanent

The criteria are the same as for the onshore, as explained above.

The difference is that the application must be lodged offshore, at the closest Australian Embassy and the applicant must also be outside of Australia at the time of decision.

This type of visa is suitable for situations including:

·         The applicant is from a high risk country (by DIBP standards) and it is difficult or impossible to get a visitor visa to Australia.

·         The applicant has a visitor visa for Australia, but it has a ‘No Further Stay’ condition, which prevents an application from being lodged in Australia.

·         The applicant has a job outside of Australia and wants to be able to keep working in their job up until the time of a decision on the visa application.  In some circumstance it may be difficult to get an Australian visa with work rights prior to the partner visa being granted.

·         The visa applicant’s last Australian visa application which was lodged in Australia and was refused, and this has meant that schedule three criteria will apply to an onshore partner application, meaning an offshore application will be more attractive.

 

Fiancé Visa (Prospective Marriage Visa)

This visa allows a visa applicant to come to Australia and marry their sponsor within the required timeframe.

The sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen that is in a relationship with the visa applicant.

The primary visa applicant must be in a spouse relationship with the sponsor.

You must be able to provide evidence to support the genuine and continuing nature of your relationship including:

·         Financial evidence supporting their mutual commitment to your partner.

·         Social and public nature of the relationship.

·         Evidence detailing your mutual and exclusive commitment to each other.

·         Evidence of an intention to marry, including details regarding the planned marriage.

For a Fiancé visa the level of evidence required in relation to your relationship may not be as not high as it is for a Partner temporary or permanent visa.

This visa is often appropriate where it is not possible, or not culturally appropriate, for you to live together with your spouse for an extended period prior to marriage.

The sponsor and applicant are required to get married within nine months of the Fiancé visa grant.

Following the marriage you will have to apply for a Partner visa to allow you to continue to live in Australia.

Adding a Partner to Your Current Australian Visa?

Some Australian visas allow you to add your partner and dependent children. For example, this is possible for a temporary worker on a subclass 457 visa.

Partner Visa Refusals and appeals to MRT

Partner visa refusals can be reviewed by the Migration Review Tribunal (MRT).

We are able to assist you with the process.

Based in Adelaide South Australia, Immigration Lawyer and Migration Agent Chris Johnston provides migration advice to people and businesses from all over the world.

Warning -This information is accurate on the 22 November 2014.  

DIBP and can change requirements in an ongoing manner and all current requirements must be established prior to lodging a skills assessment or visa application.

Sources:

http://www.immi.gov.au/media/statistics/pdf/working-holiday-report-jun14.pdf

Do you Need Help with a Partner Application or Appeal?

If you require further information or assistance in relation to a Partner visa, adding a partner to a or an appeal of an partner visa refusal to the MRT, we can help you.

Contact us on (08) 7225 5091 or +61 8 7225 5091

or  This email address is being protected from spambots. You need JavaScript enabled to view it.

 

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Spain and Portugal have been added to the list for Australian Work and Holiday Visas – A summer holiday with the ability to work along the way!

Spain and Portugal have been added to the list for Australian Work and Holiday Visas – A summer holiday with the ability to work along the way!

 

Spain and Portugal have been added to the Australian Work and Holiday Visa

 

In a recent legislative announcement, Spain and Portugal are also added to the list of countries for Australian Work and Holiday visa arrangements. 

The full list of countries that can get the work and holiday one year visa is now:

Argentina, Bangladesh, Chile, Indonesia, Iran, Malaysia, Poland, Portugal, Spain, Thailand, Turkey, United States of America and Uruguay.

This Instrument (Legislative Instrument - IMMI 14/098 - F2014L01498specifies:

  • the countries with SC 462 Work and Holiday visa arrangements,  
  • the passport the applicant must hold, 
  • addresses and foreign countries to lodge applications,
  • the educational qualifications applicable to each country.

 What does the Work and Holiday Visa offer?

 

The visa is for young people who want to holiday and work in Australia for up to a year.  Applicants must be at least 18 but have not turned 31 years of age at the time of lodging an application.

The visa allows the following:

  • stay in Australia for up to 12 months
  • work in Australia for up to six months with each employer
  • study for up to four months
  • leave and re-enter Australia any number of times while the visa is valid

Big Numbers of people are enjoying the flexibility of the work/holiday visas!

You should also be aware that the Work and Holiday (subclass 462) Visa is different to the Working Holiday Visa (subclass 417). 

There is a separate list of acceptable countries for the Work and Holiday Visa subclass 417.

The combined effect of the two work and holiday visas, is that there are huge numbers of young people travelling to Australia to live and work for up to a year.

On the 30 June 2014, between the Work and Holiday Visa (462) and the Working Holiday Visa (417), there was a total number of 151,201 visa holders. 

The breakdown of visa holders was:

- The number of Working Holiday Visa (417) holders on 30 June 2014 was 145,194.

- There number of Working Holiday Visa (462) holders was 6007.

A flow on effect from the rise in work/holiday visas is that there is also rising numbers of Onshore Partner visa applications.  As Lenny would say, ‘let love rule’.

Warning:

This information is accurate on the 17 November 2014. 

DIBP will change visa requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Sources:

MIA

http://www.comlaw.gov.au/Details/F2014L01498/Download

http://www.immi.gov.au/media/statistics/pdf/working-holiday-report-jun14.pdf

Do You Need Help in Relation to Australian Visas?

 

If you require further information regarding Australian visa options you contact our offices on:

 (08) 7225 5091 or +61 8 7225 5091  

or

This email address is being protected from spambots. You need JavaScript enabled to view it.

 

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