This article is updated regularly. Last updated: Friday, 5th January 2024

At Work Visa Lawyers, we understand that the Government’s processing times are important to your expectations and how you plan your life. Unfortunately, as with all visa processes, these are difficult to predict and are never guaranteed. We write about our experiences across many Global Talent visa applications, to help you to gain an understanding of the processing times which might lie ahead if you choose to pursue a Global Talent visa.

Since the outbreak of Covid, thousands of international students have been stranded overseas. Most of them choose to continue their studies online while they are in their home country but this raises the question... if the Student Visa expires during this time, do you need to apply for another Student Visa?

In a media release from the Australian Government on 23 August, it has been confirmed that the Australian Agriculture Visa will go ahead in 2021. In the statement it was announced that new Regulations would be in place by the end of September 2021. Speculation about the promised visa has been widespread since Australia’s Minister for Agriculture, Drought and Emergency Management, David Littleproud, announced in June that it would be coming soon. We wrote an article about the Agriculture visa at the time of the announcement, based on Minister Littleproud’s assertions, but the scope of the visa seems to have expanded substantially over the last few months creating more places in more industries.

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要将您的父母带到澳大利亚，您首先要滿足作爲兒女的擔保要求。作爲兒女，您需要：

• 是澳大利亚公民、澳大利亚永久居民或符合条件的新西兰公民；
• 在澳洲居住2年以上；
• 通过家庭平衡测试；和
• 至少有 1 个但不超过 3 个符合条件的担保人（經濟担保人）

If you're an engineer, getting a nominator just got easier! In positive news for engineers with who fit the Global Talent visa criteria, Engineers Australia has been accepted as a certified nominating organisation for the Global Talent visa program. This means engineers who could not find a suitable nominator for the Global Talent visa can now apply to EA for a nominator.

If you are looking at the Global Talent visa (GTI visa) you must be nominated by a senior professional in your field. This person will vouch for you and can speak on your behalf about how your talent can bring benefit to Australia. This is a key part of the Global Talent visa process but one that is often overlooked. Here are our tips on how to find a Global Talent nominator.

Click here for Global Talent visa criteria

If you're a Permanent Resident of Australia, congratulations!  You've already come so far and done so well.  But you're looking to take things one step further, you might consider becoming an Australian Citizen.  Citizens have the privilege of voting rights, financial assistance for education, government jobs, and protection from deportation.  It's definitely worth pursuing!  So how do you become a citizen of Australia?

On 15 April 2021, the Minister for Immigration gave a directive to expand the definition of “character reasons” as a reason for visa cancellation.  The new rule, Ministerial Direction 90, focuses on family violence and means some Australia visa holders who were previously ok to stay, could have their visas cancelled.

While Covid is keeping most Australian states and territories closed for offshore applicants, South Australia announced in May 2021 that it is now considering sponsoring offshore applicants for 491 and 190 visas.

They raised you, supported you, and loved you… and now in return, you want to bring them to Australia.  They’re your parents.  But what is the best way to get them here, and how much is it going to cost?

Minister for Immigration Alex Hawke made a statement on Wednesday 19 May on how the Business and Innovation and Investor Program will be changing in 2021.  New rules commence on 01 July 2021 and although the legislation is yet to be released, the Minister’s statement gives us a good idea how the program will operate moving forward and how the changes will affect you, the investor.

What is the Business Innovation and Investment Program?

The Business Innovation and Investment Program provides a path for people to migrate to Australia on the proviso that they financially invest in the Australian market.  This visa category is one of the fastest and easiest ways to get permanent residency and even citizenship in Australia.  It also allows you to bring your immediate family to Australia, something other visas have not always made easy.

What Are the Changes?

The new legislation has not yet been released so we do not have a full picture of the new system, but based on Minister Hawke’s statement, the following changes will occur as of 01 July 2021:

• The 132A and 132B Business Talent visas will no longer exist
• The 188D Premium Investor visa will no longer exist
• The ratios of the Complying Investment Framework are changing
• The threshold for the 188B Investor visa is increasing from $1.5 million to $2.5 million
• The 188B Investor visa will now have to invest in accordance with the Complying Investment Framework
• The term of all 188 visas will be 5 years, but complying visa holders will be able to apply for permanent residency after just 3 years

In summary, the new visas under the Business Innovation and Investment Program are:

How do I get Permanent Residency?

Under the old rules, holders of the 132 Business Talent visa were granted immediate permanent residency.  The changes are doing away with this visa and new applicants will have to spend some time as temporary visa holders before they can apply to become permanent residents of Australia.  Previously, temporary visa holders in the 188 stream could stay for 4 years and apply for permanent residency at the end of those 4 years.  This lead to something of a panic at the end of the 4 years, with visa holders scrambling to get paperwork formalised in time so that a visa extension would not be needed.  In order to grant more flexibility, 188 visa holders now have a temporary visa of 5 years but can apply for permanent residency after 3 years, provided they comply with the requirements.

The requirements vary slightly from case to case, but generally speaking to comply with the 188 and qualify for permanent residency, you must:

• Reside in Australia for at least 40 days per calendar year; and
• Your investment must adhere to the rules of the Complying Investment Framework.

Complying Investment Framework

The Complying Investment Framework sets out how the funds must be invested.  This framework has always existed for 188 visas but effective 01 July 2021, the percentages allocated into the various components will change. 

The components are:

• Venture Capital and Private Equity
  This is used to invest in Australian start-ups and small private companies.
• Approved Managed Funds
  This is used to invest in new companies listed on the Australian Stock Exchange (ASX).
• Balancing Investment
  the remaining total of investments can comprise any of the above 2 categories.

Perhaps the most significant change of the announcement, is that the holders of 188B Investor visa must now also comply with the Complying Investment Framework (CIF).  Prior to this change, holders of the Investor visa could invest their funds into Australian Government bonds.  The change has been made to ensure the money coming from investor visas goes to new businesses and creates local jobs.  While the CIF is a slightly higher risk venture than government bonds, we hope that potential applicants can see the reasoning behind the change and that it does not dissuade them from their plans to move to Australia.

Entrepreneur Visa

The Entrepreneur visa is the lowest threshold investment visa, requiring an investment of $200,000.  The Department of Home Affairs announced in December 2020, that the required assets of the applicant would increase from $800,000 to $1.25 million in July 2021, but yesterday’s announcement was silent on any further changes to this visa.  We await the release of the new legislation which will give us all the details on whether anything else is different.

Tax Improvements

Historically, tax for investors in Australia has been needlessly complicated.  Following the 2021-2022 Federal Budget announcements it appears the government intends to simplify the tax rules for visa holders.  The Australian government plans to replace the existing framework with a new set of rules that are easy to understand and apply.  This should reduce the cost of complying with the rules, and provide more certainty for investors.

One new rule is that any person who physically resides in Australia for 183 days or more in a year will be considered an Australian tax resident.  Those who have been here for fewer than 183 days will have other criteria but the government assures us these will be simpler and based on measurable facts.

If Australian tax law was putting you off investing in Australia, it is worth revisiting the idea with your financial advisor.

What Now?

If you have the means to invest and you are considering a move to Australia, the Business Innovation and Investment Program remains one of the best pathways to entry, even after the changes.  You don’t need to worry about things like points or skills assessments, you can bring your spouse and children with you, and you can apply for permanent residency – now in only 3 years!  Of course this is a big decision and we recommend you speak to an experienced lawyer and an independent  financial advisor *  Make an appointment with Work Visa Lawyers today to discuss whether this is the right visa for you.

*Work Visa Lawyers are not financial advisors and cannot provide you with financial advice – you should also speak with an independent financial advisor before making any investment decisions.

Australian Business and Significant Investor Visas Subclass 188 Closed - New Visa Expected in 2024! Read more here! 

Author

Chris Johnston, Principal Lawyer and Founder of Work Visa Lawyers

Do you need help?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

You can also subscribe to our Facebook: WORK VISA lawyers

SOURCES:

• 17 December 2020, Australian Government, Alan Tudge press release, URL: https://www.homeaffairs.gov.au/reports-and-publications/submissions-and-discussion-papers/biip-getting-better-deal-australia.

• 19 May 2021, Australian Government, Alex Hawke press release, URL: https://minister.homeaffairs.gov.au/AlexHawke/Pages/getting-a-better-deal-for-australia-from-visa-investments-19-05-2021.aspx.

• Federal Budget 2021-2020 Fact Sheet, Australian Government, URL:
  https://budget.gov.au/2021-22/content/factsheets/download/factsheet_tax.pdf

The Australian Government has announced its budget for 2021-22 and the news for migrants and international students is seriously disappointing.  With borders predicted to remain closed until mid-2022, Treasurer Josh Frydenberg has structured a budget with very few opportunities for immigration, and an annual Net Overseas Migration (NOM) figure of -72,000.  It’s been 16 months since the WHO declared Covid a pandemic.  China built a hospital in Wuhan in 10 days, so why can’t Australia build quarantine facilities in a year?

Since Australia closed its border in 2020 due to Covid, international students have been locked out of the country where they are enrolled to study.  This crisis is escalating as thousands of people’s lives are thrown into turmoil, and the Australian economy suffers from the loss of this lucrative industry.  As months turn into years, the growing frustration and resentment can be heard echoing through the internet as students, universities, and Australian businesses cry out for a return strategy.

In a speech given to the Royal Melbourne Institute of Technology, Federal Minister Alan Tudge said the country would not see a return of international students until 2022 but are students willing to wait until then?

Love v The Commonwealth; Thoms v Commonwealth [2020] HCA 3 for full judgement please go to: https://www.hcourt.gov.au/cases/case_b43-2018

Who is an Aboriginal Australian? And should Aboriginal Australians be treated differently to other groups in Australia?

The High Court recently considered whether two men who were born outside of Australia and were not Australian citizens, but had spent most of their lives in Australia,

where within the reach of the “aliens power” conferred by s 51(Xix) of the Constitution.

Every year, hundreds of people who apply to renew their Australian passport or apply for citizenship by descent for their overseas-born children are notified by the Department of Home Affairs that they have ceased to be an Australian citizen some years ago. Often, this cessation comes without notice and the notification that they do not hold current Australian citizenship is shocking and can cause significant distress. Prior to 2002, many Australians who obtained the citizenship of another country were not aware that they will also automatically cease to be an Australian citizen.

Automatic Cessation of Australian Citizenship

Prior to 2 April 2002, a person of full age who by some voluntary or formal act other than marriage, did an act or thing to acquire the citizenship of another country ceased to be an Australian citizen under section 17 of the Australian Citizenship Act 1948 (Cth) (‘old Act’). There was no requirement to report the acquisition of another citizenship and the cessation occurred automatically as an operation of law.

Due to the automatic effect of section 17, the Department of Home Affairs does not have comprehensive records of those who lost their Australian citizenship under this provision. As such, errors may have been made when issuing evidence of Australian citizenship, Australian passports or in assessing citizenship applications. This means that you may hold an Australian passport without actually being an Australian citizen!

Full Age

From 26 January 1949 to 30 November 1973, a person aged 21 or over was considered of full age and would have lost their Australian citizenship once they obtain citizenship from another country.

From 1 December 1973, a person aged 18 or over was considered to be of full age.

Location of Citizenship Acquisition

Prior to 22 November 1984, section 17 of the old Act applied to those who acquired another citizenship whilst outside of Australia.

Between 22 November 1984 and 2 April 2002, an adult ceased to be an Australian citizen upon acquiring another citizenship, regardless of whether they were in or out of Australia.

Ex-Citizen Visa

Under section 35 of the Migration Act 1958 (Cth), those who were affected by section 17 automatically acquired an ex-citizen visa which allowed them to lawfully remain in Australia. Once they leave Australia, they could not re-enter without a valid visa.

How you may come to find out of your loss of Australian citizenship under section 17:

• After applying for Australian citizenship by descent for their overseas-born children

• After applying to renew Australian passport

• After applying for proof of Australian citizenship

• Attempting to re-enter Australia after a long period of time living overseas

Repeal of section 17

After much lobbying, especially from the expatriate community, major amendments were made to the old Act in 2002. From 4 April 2002, dual nationality was introduced for Australian citizens, allowing a person to simultaneously hold both Australian citizenship and the citizenship of another country. However the change was not retrospective, meaning those who lost their citizenship under section 17 do not automatically regain their Australian citizenship.

Resuming Australian Citizenship:

Resources

If you were affected by section 17 and wish to regain your Australian citizenship, speak to us today about an application to resume your Australian citizenship.

Call us on (08) 8351 9956 or +61 8 8351 9956 to book an appointment or click on the button below for online booking:

Book an Appointment

Sources:
https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd0102/02bd078

Citizenship Policy and Instructions 27 – Resuming Australian Citizenship issued on 24 May 2019
Migration Act 1958 (Cth) s 35

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.  The number of working holiday maker visa holders in Australia on 30 September 2013 was 166 260.

·         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.

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.

Sources: BR0169 Temporary entrants and New Zealand citizens in Australia as at 30 September 2013, http://www.immi.gov.au/media/statistics/pdf/temp-entrants-newzealand-sep13.pdf

Warning -This information is accurate on the 15 DEC 2013.  

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. 

An interesting article by Myriam Robin about 457s in WA:

http://www.smartcompany.com.au/managing-people/057723-why-small-wa-firms-are-turning-to-457-visas-we-can-t-compete-with-the-big-miners-on-wages.html

Need Help?

If you require further information regarding a 457 application or your 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.  

Immigration SA has released the following information:

“New professions added to the State Nominated Occupation List

From 2 September 2013, the following occupations have been added to the State Nominated Occupation List (SNOL):

•    Procurement Manager
•    Registered Nurse (Paediatric)

ICT occupations

From 2 September 2013, the “Special Conditions Apply” status has been removed for all On-list ICT occupations and there will be a limited number of places available for South Australian State Nomination. The IELTS requirement for all ICT occupations is 6.5 in each band score.

Occupations close to reaching DIAC national ceiling

Six occupation groups are close to reaching the Department of Immigration and Citizenship (DIAC) national ceiling and DIAC have allocated a limited number of places for State and Territory nomination for the rest of the 2013/14 program year. Once South Australia has reached the state quota in an occupation group listed below, Immigration SA will be unable to nominate any more applicants (including SA international graduates) for the remainder of the 2013/14 program year.

Please view the DIAC website for announcements about these six occupation groups and how it affects prospective applicants for state nominated or independent General Skilled Migrationhttp://www.immi.gov.au/skills/skillselect/.   

The six occupation groups with a limited number of places available for SA state nomination are:

• 2331 Chemical and Materials Engineers
• 2611 ICT Business and Systems Analysts
• 2334 Electronics Engineers
• 2633 Telecommunication Engineering Professionals
• 2339 Other Engineering Professionals
• 2613 Software and Applications Programmers

Due to the limited number of places, Immigration SA will prioritise applications who meet all Immigration SA eligibility requirements as follows:

1.     Currently employed in a skilled occupation in SA

2.     An international Graduate of SA  

3.     High calibre offshore or onshore applicants (Immigration SA will take into account: DIAC points, qualifications, work experience and English level when assessing an application for these occupation groups).

Please note that for occupations subject to a DIAC occupation ceiling management process, Immigration SA reserves the right to process applicants by merit rather than by date submitted.“

Source: Immigration SA

https://www.migration.sa.gov.au/news%20and%20events

This information isaccurate on the 04 September 2013.  Immigration SA will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Need Help?

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.

If you require further information regarding an application or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091