The Temporary Skill Shortage (subclass 482) visa, also referred to as the TSS visa, is an employer-sponsored temporary visa which permits the visa holder to live and work in Australia for a period of up to either 2 or 4 years.

Purpose of the subclass 482 visa programme

The TSS programme is designed to fill temporary skill shortages in Australia, by allowing employers to sponsor appropriately skilled overseas workers where they are unable to source these skills in the local labour market.  The programme is not open to all occupations but is targeted only to selected skilled occupations that are experiencing labour shortages. As the supply and demand pressures for labour changes from time-to-time, so too will the selected occupations that can be nominated for the TSS visa, such that it mirrors and responds to the changing needs of the Australian labour market.

Permanent residence pathway

The subclass 482 visa provides a pathway to a permanent residence following 2 years, through the Employer Nomination Scheme (ENS) subclass 186 visa. The ENS visa comprises of a Temporary Residence Transition stream (TRTS), which is specifically designed for TSS visa holders (and its predecessor, the subclass 457 visa) who have worked full-time for their sponsoring employer for 2 out of the last 3 years.

Other permanent residence visa options are also available to eligible applicants. For example, you may consider applying for an ENS visa through an alternative stream, such as the Direct Entry (DE) or Labour Agreement stream.  

How does the TSS visa work?

The TSS visa comprises the following 3 streams:

• Short-term stream, if the nominated occupation is included in the Short-term Skilled Occupation list (STSOL);
• Medium-term stream, if the nominated occupation is included in the Medium-term Skilled Occupation list (MTSOL);
• Labour agreement stream, which requires the sponsoring employer to enter into a labour agreement with the Department.

You must meet specified eligibility criteria for one of the above streams to apply for the subclass 482 visa.

The employer-sponsored visa programme involves a 3-stage application process, all of which must be approved for a successful application. These are as follows:

1. Sponsorship application – to be lodged by your proposed sponsoring employer;
2. Nomination application – to be lodged by your proposed sponsoring employer; and
3. Visa application – to be lodged by the visa applicant.

All of the above applications can be lodged at the same time.

As employer sponsorship approvals generally last for 5 years, if your proposed employer is already an approved sponsor at the time of application lodgement, then only the nomination and visa applications will be required.

What is required for the Sponsorship application?

The first step in this process is for your proposed employer to obtain approval as a Standard Business Sponsor (SBS). The employer must satisfy a number of specified requirements for sponsorship approval, which include the following:

• Lawfully operating a business;
• Having a strong record of, or a demonstrated commitment to, employing local labour, and declaring that they will not engage in discriminatory recruitment practices; and
• There is no adverse information known to the Department about the employer or a person associated with the employer, or it is reasonable to disregard such information.

Overseas businesses can also apply for sponsorship if they seek to establish, or assist in establishing, a business operation in Australia with overseas connections; or to fulfil, or assist in fulfilling a contractual obligation.

A wide range of business structures is acceptable for sponsorship purposes, including sole traders, partnerships, companies (public and private) and non-profit organisations.

As part of the sponsorship application process, certain entities may apply for accredited status if they meet additional requirements to become an accredited sponsor for TSS visa. As an accredited sponsor, an entity will receive priority processing for all applications lodged under the TSS visa programme, as well as streamlined processing of certain nomination applications. The entity’s applications will be processed ahead of other non-accredited nomination and visa applications, which in most cases will be within 5 days.

What happens if an entity is approved as a Sponsor?

A successful application will result in sponsorship approval being granted for a period of 5 years. This will allow your proposed employer to apply to nominate you for a position in their business. It will also be able to nominate other overseas workers under the TSS programme (provided all relevant requirements are satisfied).

As a condition of their sponsorship approval, a sponsor is required to abide by a number of specified obligations.

These include:

• Cooperate with Department inspectors (can include providing access to business premises and providing requested documents)
• Retain records (in relation to compliance with sponsorship obligations)
• Notify the Department of certain events in relation to the entity (including changes to the business name, legal structure and insolvency, etc.) and in relation to the TSS visa holder (including cessation of the employment arrangement or when the duties of the nominated position change).

These obligations commence from the date of approval, extending up to 5 years following the end of the sponsorship approval.

The Department monitors Sponsors to ensure compliance with these obligations, and sanctions may be applied where breaches have occurred. Penalties can include cancellation of sponsorship approval and financial penalties.

How much does it cost to apply for a sponsorship?

The current sponsorship application lodgement fee is $420. A payment surcharge may also be applied, with the percentage rate dependent on your method of payment.

What is required for the Nomination application?

The second stage of the application process seeks approval to nominate you for the position which your proposed employer is seeking to fill.

The employer must satisfy a number of specified requirements for nomination approval, which include the following:

• The entity must be an approved sponsor (as discussed above);
• The entity must nominate an occupation from a list of eligible skilled occupations, or as specified in a labour agreement;
• There must be no adverse information known about the business or any person associated with the business;
• The position must be genuine and generally, full-time employment;
• The entity must provide a written contract of employment;
• The proposed applicant must be employed as a direct employee, or as an employee of an associated entity if the entity is an Australian business sponsor;
• Meet requirements relating to the nominated salary and employment conditions;
• Provide evidence of Labour Market Testing where required (this relates to advertising in the local labour market); and
• Not engage in discriminatory recruitment practices.

How much does it cost to apply for a nomination?

The current nomination application lodgement fee is $330. A payment surcharge may also be applied, with the percentage rate dependent on your method of payment.

The sponsoring entity must also pay a Skilling Australians Fund (SAF) levy at the time of lodgement of the nomination application. The amount payable will depend on the turnover of the business and the proposed term of the TSS visa. The SAF rates are set out in the table below.

What is required for the Visa application?

The final stage in this process is lodgement of the visa application itself. To qualify for a visa grant, you will need to demonstrate that you are appropriately qualified and have the skills required to perform the nominated position. You must satisfy the English language, health and character requirements. Specific criteria also apply to each stream. An age limit does not apply to this visa (although be mindful that age limits apply to the ENS and RSM visa class if you are planning to apply for permanent residence in the future).

Short-term stream

Requirements for visa grant include the following:

• The nomination application must be approved
• You must demonstrate that you have at least 2 years work experience in the nominated occupation or in a related field (should generally be full-time employment completed in the last 5 years). The nominated occupation must be included on the STSOL.
• You must meet the Genuine Temporary Entrant (GTE) requirement. This is concerned with ensuring that you intend to genuinely reside in Australia temporarily and to comply with visa conditions
• You must meet an English language requirement unless you qualify for an exemption.

Exempt applicants include:

• Passport holders from Canada, New Zealand, the Republic of Ireland, the UK and USA
• Completion at least five years of full-time study in a secondary or higher education institution where instruction was delivered in English
• Non-exempt applicants must complete an English test and achieve the results as outlined in the below table:

The test must be completed within the last 3 years and the required minimum results achieved in a single attempt.

 The nominated position must be in the sponsor’s business, or in an associated entity in certain cases (exemptions apply)

Medium-term stream

Requirements for visa grant include the following:

• The nomination application must be approved
• You must demonstrate that you have at least 2 years work experience in the nominated occupation or in a related field (should generally be full-time employment completed in the last 5 years). The nominated occupation must be included on the MLTSSL. 
• You must meet an English language requirement unless you qualify for an exemption.

• Exempt applicants include:
• Passport holders from Canada, New Zealand, the Republic of Ireland, the UK and USA
• Completion at least five years of full-time study in a secondary or higher education institution where instruction was delivered in English. 

Non-exempt applicants must complete an English test and achieve the results as outlined in the below table

The test must be completed within the last 3 years and the above results achieved in a single attempt.

•   The nominated position must be in the sponsor’s business, or in an associated entity in certain cases (exemptions apply)

Labour agreement stream

Requirements for visa grant include the following:

• Your nominated occupation must be included in a labour agreement between your proposed employer and the Government;
• You must demonstrate that you have at least 2 years work experience in the nominated occupation or in a related field (this can be disregarded in certain cases); and
• You must meet an English language requirement, which is generally the same as that which applies to applicants in the short-term stream unless the labour agreement specifies a different English language competency requirement.

Renewal of the subclass 482 visa

There is no restriction on the number of times that you can renew a TSS visa whilst onshore.

Including family members

You may also be able to include certain family members in your TSS visa application to accompany you to Australia. Persons who may be included are:

• Your spouse (if you are married) or your de facto partner;
• Your child or step-child; and
• Your spouse or de facto partner’s child or step-child.

These are defined terms in the migration provisions, which should be confirmed when assessing your dependent’s eligibility to apply. Children and step-children aged 18 years and over are also subject to additional requirements to qualify.

Your nominating employer must also approve of nominating your family members as part of the nomination application.

How much does it cost to apply for a subclass 482 visa?

The current application fees for lodging a subclass 482 visa application are listed in the table below. These fees can change, and you should check the costs applicable to you before lodging your application.

A payment surcharge may also apply, with the percentage rate payable depending on the method used for payment.

Note that an ‘additional applicant’ refers to cases where another person is included in the application, for example, a child.

You should also be prepared to incur other costs in relation to your application, in addition to the lodgement fees noted above. These additional costs will depend on your personal situation and can include:

• Health examinations and specialist medical fees if issues are identified
• Police clearances (costs and requirements will differ for each county)
• Translating original documents (required if they are not in English)
• Professional fees if you engage a registered migration agent or an immigration lawyer to assist you with your application

How can you apply for the subclass 482 visa?

You can lodge the application in Australia or offshore, and it must be submitted online. As noted above, restrictions may apply in relation to applying for a visa renewal under the short-term stream (you may need to do so outside Australia in certain cases).

If you apply onshore, you must hold either a substantive visa (which is generally any visa other than a Bridging Visa), or a Bridging Visa A, B or C. If you have a ‘No Further Stay’ condition 8503 on your current visa, you will be prevented from applying onshore (exceptions may apply).

Ensure that you attach all required documents at the time of lodgement. Failing to upload all documents at the time of lodgement can result in delayed processing or a refusal after 2 days.

The online portal is also used by the Department to communicate with you in regard to your application, and you can also use this facility to notify the Department of changes to your circumstances, including new address or passport details.

What happens if the subclass 482 visa is granted?

You can be located either in Australia or offshore for visa grant.

You will be subject to condition 8607, which requires that you work for your sponsoring employer in the nominated occupation on a full-time basis for the term of the TSS visa (you may be able to work for an associated entity of the sponsor in certain instances). You must also maintain appropriate health insurance for the term of your stay in Australia.

You will also have unrestricted rights to travel in and outside of Australia for the term of your TSS visa.

What happens if the sponsorship, nomination and/or subclass 482 visa are refused?

Your proposed employer may be able to appeal a decision to refuse either the sponsorship or nomination application. You may also have the right to appeal a refusal of the subclass 482 visa in certain circumstances. This process, which is referred to as a ‘merits review,’ is made to the Administrative Appeals Tribunal (AAT). There are strict requirements that govern review process procedures, including deadlines for when you must lodge your review application. If you make a mistake or miss the applicable deadline, you will lose the right to appeal.

The AAT will review your application and documents that were lodged with the Department and can also consider further information that you provide with your review application. The Tribunal will apply the same legislative provisions as the Department in deciding your case.

The Tribunal may set aside, vary or affirm the Department’s original decision, or it remit your application to the Department for it to be reconsidered with specific directions.

If you or your proposed employer find yourselves in this situation, it is vital that you act quickly to determine how you wish to proceed. If you decide to apply for a review, you should do so as a matter of priority.

For up to date advice on the employer sponsorship, nomination and subclass 482 visa applications, including an assessment of your eligibility for visa grant and the process for applying, book your confidential consultation with a migration agent in Adelaide. PAX Migration Australia is a leading immigration advice service based in Adelaide, and we aren’t expensive! Just ask us!

The post Subclass 482 visa – TSS Visa Programme appeared first on PAX Migration Agent Adelaide.

One of the changes announced was expanding the eligibility for permanent residence for Subclass 482 Temporary Skill Shortage (TSS) visa holders under the Temporary Residence Transition (TRT) stream of the Subclass 186 Employer Nomination Scheme (ENS) visa, by the end of 2023.

Further information on this important change was published by the Department of Home Affairs on 5 May 2023, which is reproduced below.

By the end of 2023, the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (subclass 186) visa will be available. This stream is for all Temporary Skill Shortage (TSS) visa holders whose employers wish to sponsor them.

Applicants will need to continue to work in the occupation nominated for their TSS visa(s). However, occupations will not be limited to the Medium and Long-term Strategic Skills List (MLTSSL). We will reduce eligibility for the TRT stream from three years to two years employment with the sponsoring employer. Applicants will need to meet all other nomination and visa requirements for the TRT stream of the Employer Nomination Scheme visa.

To facilitate these pathways, the Government is also removing limits on the number of Short-term stream TSS visa applications that visa holders can make in Australia. This is an interim measure to assist those currently onshore who would normally need to go offshore to make further visa applications.

Sources/Links

Australian Government – The Hon Clare O’Neil MP – Minister for Home Affairs – Thursday, 27 April 2023 – Temporary Skilled Migration Income Threshold Raised to $70,000 – Joint media release with the Hon Andrew Giles​ MP

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MATES will provide Indian university graduates and early career professionals with the opportunity to live and work in Australia for up to two years and to gain employment and valuable experience in their areas of expertise.

Eligible fields will include renewable energy, mining, engineering, information and communication technology, artificial intelligence, financial technology and agricultural technology.

Primary applicants will be able to apply to bring eligible family members with them to Australia as dependent visa holders.

MATES has been established under the Australia-India Migration and Mobility Partnership Arrangement (MMPA), which was co-signed by both nations on 23 May 2023. The MMPA is a bilateral framework that supports and promotes two-way migration and mobility between Australia and India.

The MATES program will commence as a pilot with 3,000 places available for primary applicants per program year.

In this article, we take a look at how the MATES program will work, including the eligibility criteria to qualify for a visa under MATES, what program participants will be able to do in Australia and how long they will be able to stay in Australia under this visa program.

Who Will Be Eligible To Qualify For A Visa Under MATES?

The MATES program will be open to Indian nationals who meet the following eligibility criteria:

• are aged 30 or younger (inclusive) at the time of application;
• have not previously participated in MATES;
• have proficient English language skills;
• have graduated within two years from an eligible educational institution at the time of application; and
• hold a qualification (Bachelor’s degree or higher) in one of the following areas:
  • renewable energy;
  • mining;
  • engineering;
  • Information Communications Technology (ICT);
  • artificial intelligence (AI);
  • financial technology (FinTech); or
  • agricultural technology (AgriTech).

What Is Proficient English Under MATES?

To meet the English language requirement to participate in the MATES program, applicants must achieve an overall IELTS or equivalent score of at least 6, with a minimum score of 5 in each of the four test components.

Do You Need To Be Sponsored By An Employer Under MATES?

There is no requirement for sponsorship by an Australian employer to be eligible to apply for a visa under the MATES program.

What Will MATES Visa Holders Be Able To Do In Australia?

Participants in the MATES program will be permitted to live and work in Australia for up to two years.

Although there will be no strict requirement for visa holders to work in their nominated field of study, the program is designed to support young professionals to expand their skills and networks, particularly in the sectors listed above under eligibility criteria.

Will MATES Applicants Be Able To Bring Their Family To Australia?

Yes, MATES participants will be able to apply to bring dependants (spouses and dependent children) with them to Australia.

Dependants will have work rights in Australia.

How Many Places Will Be Available Under MATES?

The MATES program will commence as a pilot program with 3,000 places for primary applicants per program year.

Dependent visa holders will not count towards the annual cap as the cap only applies to primary visa holders.

How Long Will MATES Visa Holders Be Apply To Stay In Australia?

Visa holders under the program will have 12 months to make their first entry into Australia and may stay in Australia for 24 months from the date of first entry.

The visa will allow multiple entries to Australia.

Will MATES Visa Holders Be Able To Extend Their Stay In Australia?

MATES participants will not be eligible to take part in the MATES scheme more than once.

Therefore, if participants wish to extend their period of stay in Australia, they will need to apply for another visa permitting temporary or permanent residence, provided they meet all eligibility requirements for the relevant visa.

How Much Will It Cost To Apply For A Visa Under MATES?

The Department of Home Affairs will release more information about the MATES visa subclass and associated application fees soon.

There may be an additional fee to add subsequent dependent family members to the MATES application.

Also be mindful that applicants may be liable for other costs related to their application, including English language testing fees.

When Will MATES Commence?

Although there is no set timeframe for the implementation of MATES, in a media release by the Minister for Immigration, Citizenship and Multicultural Affairs, Andrew Giles, he states that the MATES program will be open for applications from late 2024.

For further information and advice about the MATES program, please contact us at PAX Migration to book your initial consultation today.

Get More Information

Subscribe to our newsletter for regular updates and additional information.

Contact us to book a no-obligation consultation to find out more about applying for an Australian visa, including under the MATES program.

* * * * * * * * * * * *

Australia’s migration laws are complex, and each case is different. We recommend that you seek professional advice if you are interested in applying for an Australian visa, as being fully informed will give you the best chance of achieving a successful outcome on your case. A migration professional can help you to do this. There are several terms that are defined in the migration law. Detailed advice about these is beyond the scope of this article and we would therefore recommend that you seek further information in this regard.

For up-to-date advice on your eligibility for an Australia visa, including under the MATES program, contact PAX Migration Australia, a leading immigration service providing advice on a range of visas. Contact us for a no-obligation discussion on how we may be able to assist you to achieve your migration goals in Australia.

Sources/Links

Australian Government – Department of Home Affairs – Official – Mobility Arrangement for Talented Early-professionals Scheme (MATES)

Australian Government – The Hon Andrew Giles MP – Minister for Immigration, Citizenship and Multicultural Affairs – Friday, 09 February 2024 – Media release – Australia and India become closer MATES under new mobility arrangement

The post New Mobility Arrangement for Talented Early-Professionals Scheme (MATES) For Indian Nationals To Commence appeared first on PAX Migration Agent Adelaide.

Why employ foreign workers?

Attracting and retaining hard working and loyal staff can be very difficult. Migrant workers can provide your business with the strong work ethic and loyalty it needs.

Australia’s immigration policy recognises the importance of migrant workers in Australia, as reflected in the multiple visa choices available to foreigners to work in Australia.

Who can sponsor?

Some basic criteria are required In order for a business to qualify to sponsor a foreign employee. Some key hurdle criteria are that the business must:

• have an ABN (or equivalent)
• be actively and lawfully operating a business
• have a genuine need to hire a foreign worker on a full-time basis
• have a role to be filled that is “skilled” for the purposes of the Department of Immigration (not necessarily on SOL/CSOL)
• offer terms and conditions of employment that is at least the equivalent of that offered to an Australian citizen / PR
• have no significant adverse information about it (eg. contravention of law, administrative action, legal proceedings etc)

Types of Sponsorship

There are two main types of sponsorship for businesses to sponsor foreign workers:

1. Standard Business Sponsorship (for 457 visa workers)

The 457 visa is a temporary visa that allows a worker to stay and work in Australia for up to 4 years.

2. Employer Nomination Sponsorship (for 186 and 187 visa workers)

The 186 and 187 visas are permanent visas which means the employee will be granted Permanent Residency upon visa grant and will be eligible for citizenship after meeting the 4-year residency requirement.

There are dramatic differences and advantages and disadvantages with each option. A professional can help point out why you should choose one form of sponsorship over another and save you money and /or heartache in the long run.

Who can be sponsored?

Not all foreign workers are eligible to be sponsored. Only those with a “skill” as defined by ANZSCO are eligible. Sometimes skills assessments are needed, which means the criteria of the skills assessment body needs to be considered.

The employee will also need to meet other criteria for visa grant such as English requirements, age, and public interest tests (eg. health and character).

Often applications fall over because the visa applicant has not demonstrated to the satisfaction of the Department that he or she has the requisite skill to fill the role nominated. This is where the quality of the submission and documentation comes in to produce a strong case for approval. 

The post Employer Sponsor Resources appeared first on PAX Migration Agent Adelaide.

Choose Australia for your Education

Making the choice to study in Australia can be the most rewarding thing you will do in your life. There are many aspects of Australian life that are very attractive – such as beautiful nature and beaches, interesting wildlife, wide open spaces and clean environment.

Some of the worlds best universities are Australian, and overall Australia has one of the best education infrastructure in the world.

The study year in Australia is commonly split in half – the first half being March – July and the second half being August – December. There are usually summer breaks over December – February.

Course fees for studying in Australia can vary, so if cost is an important factor for you it pays to shop around. Navigating the tertiary education system can be daunting since Australia’s education structure is split up by State. This means you need to apply separately using different systems depending on what state your institution is in.

Using an Education Agent can help take the stress and difficulty out of applying for universities or other private education institutions in Australia. Contact us to talk about how we may be able to help you gain an offer to study in Australia.

The post Student Resources appeared first on PAX Migration Agent Adelaide.

What are my options?

To be eligible for a work visa in Australia you need to meet some key general criteria. Most of these are subject to special exemptions so check with a professional about whether you are eligible for exemptions. Here are the standard criteria for each “work” visa:

Also there are other visas that are designed to allow migrants to work (for example temporary work short stay visa 400). These visas are generally only for short periods (such as 3 months). And of course, all other permanent visas allow the visa holder to work (eg. partner visa).

For more information about how you might be eligible for a particular visa, contact us.

The post Work Visa Resources appeared first on PAX Migration Agent Adelaide.

IELTS Tests are a critical component of Australia’s immigration system. Without an IELTS result most visas are not available to you.

A lot of our clients were finding difficulty in obtaining the required IELTS result (usually either IELTS 6.0 or 7.0 and sometimes 8.0). We have developed our IELTS Preparation service to improve people’s performance in an IELTS test that is coming up. We have seen dramatic results and recommend anyone who has a test coming up to participate in one of our classes to maximise their performance.

IELTS testing follows a very specific format. Therefore it is important to know exactly what will be asked of you in your test. Our teachers can work through and simulate the test experience so when you are in the test for real – you will not feel as much pressure.

Contact us to talk about how our IELTS Preparation classes can help you get the result you want.

The post IELTS Resources appeared first on PAX Migration Agent Adelaide.

Certification of Enrolment in full-time study

You must have a certificate of enrolment for full-time study in a registered course.

The type of course you enrol in will determine the visa subclass:

Genuine temporary entrant requirement

The case officer must be satisfied that you genuinely intend to stay in Australia temporarily.

Some of the aspects that your case officer will likely consider in making this determination are:

• your personal circumstances in your home country;
• incentives to return home;
• the relationship of the course to your future plans;
• your immigration history;
• your study and employment history; and
• any other matter that the case officer determines is relevant

Financial Requirements

The financial criteria are designed to ensure that students have enough money to pay for travel, tuition and living expenses for themselves and any partner and dependent children for the duration of the stay in Australia.

The level of funds required and the evidence required depends on theAssessment Level of the applicant and the type of course studied.

Students from higher assessment level countries and enrolling in non-streamlined processing courses will have to show evidence of funds.

Public Interest Criteria

Like almost all visas, student visas carry these general requirements for Health, Character, Health Insurance, Debts to the Commonwealth, and Australian Values Statement.

If you are unsure of meeting any of these criteria you should contact a professional to assess your ability to overcome any potential refusal on these grounds. Migration agents can prepare submissions on your behalf to give your application every opportunity for approval.

English language Requirement

Generally, your English language skill will need to be at the level required by the Education Institution that you will study at. In some cases, you may need a higher English language level depending on the visa subclass and your assessment level.

Applicants under the age of 18

Must demonstrate that they have:

• parental permission to study in Australia; and
• suitable arrangements for their accommodation, support and general welfare.

Period of Visa

Student visas are valid for the duration of your course and permit multiple entries to Australia.

The length of a visa depends on the duration of the course and when the course finishes. Visas for courses that are greater than 10 months generally are granted to 2-3 months after the end of the course, while courses less than 10 months are valid until 1 month after the end of the course.

Work Rights

No work is permitted until the course has started.

Once the course has started you and your family members can work a maximum of 40 hours per fortnight.

When the course is not in session (ie. during breaks between semesters and summer holidays) you and your family members can work unlimited hours.

A fortnight begins on any Monday and ends on the second following Sunday.

Students enrolled in Masters by research or a Doctoral degree (subclass 574) can work unlimited hours once the course has started. Family members of students enrolled in a Masters course (573 or 576) can work unlimited hours once the course is started.

The department considers your course to be ‘in session’:

• for the duration of the advertised semesters (including periods when exams are being held)
• if you have completed your studies and your Confirmation of Enrolment (CoE) is still in effect
• if you are undertaking another course, during a break from your main course and the points will be credited to your main course

Key conditions for holders of student visas

Course enrolment, attendance and progress

You must remain enrolled in a course registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).

You must maintain satisfactory attendance in your course as required by your education provider.

You must make satisfactory course progress for each study period.

Your education provider will advise the department if your attendance or course progress is not satisfactory. The definition of ‘satisfactory’ is determined by your education provider.

Providing your home address

You must advise your education provider of your home address within seven days of arriving in Australia. Also, if you change your address during your stay in Australia, you must advise your education provider within seven days.

‘No further stay’ condition

Some visas are issued with a ‘no further stay’ condition. This condition means that you cannot apply to stay in Australia beyond the date specified on your visa, except in very specific circumstances. A waiver of this condition is available if you can show compassionate and compelling circumstances.

School-age family members

Any family members of school age (between five and 18 years) living in Australia must attend school in Australia.

Health insurance

You must maintain health insurance Overseas Student Health Cover (OSHC) for you and your family members while in Australia.

Family Member Obligations

All dependent family members must also abide by their visa conditions, which in most cases will be the same as the primary visa holder. A breach of these conditions may result in visa cancellation. It is the primary visa holder’s responsibility to ensure that family members abide by the conditions of their visa.

If you are still looking for more information or unclear about any of the information presented, you’re best talking to one of our migration experts and getting in touch with us, as this a delicate matter and very important to get right.

The post Student Visa appeared first on PAX Migration Agent Adelaide.

Migrating to a foreign country can be somewhat challenging, and at times, frustrating. That’s why you should consider utilising a professional to help you navigate what needs to be done and when – because this is one time in your life where timing can be everything.

General Criteria

For those looking to become permanent Australia citizens, you must submit to a health and character examination.

• Health test: You must undergo a health exam that includes x-rays as well as an HIV test and any other test deemed necessary in order to gain permanent residency status. The Medical Officer conducting the examination will make the determination as to whether or not you meet the health requirements Australian passport.
• Character test: If you have a criminal record or are known to engage in criminal activities or are considered a threat to national security, you will not be granted permanent residency.

Family Members

Family members of permanent residents, including spouses and children, can receive permanent residency as long as they meet the following criteria:

• months prior to applying for residency
• be of the age of consent in Australia
• be legally married in Australia or another country

For those who are looking to gain permanent residency for family members, you will receive a two-year visa prior to gaining permanent residency. Those who have been married for five years or who have a child together can waive the provisional two-year visa.

For children, visa applications can be granted if the child is under the age of 18 or are over the age of 18 but can show that they are still financially dependent on their parents for support.

Skilled Workers

If you are a skilled worker looking to gain permanent residency on humanitarian grounds as a skilled worker will need to be sponsored by an employer or provide skills that Australia needs. If it is the latter, you will need to be under the age of 45 and be able to pass the minimum English skills.

Immigration law is very complex and always changing – you need professionals who understand those complexities and can walk you through applying for and receiving the visa you need, and all the steps involved.

Australia has a skilled worker shortage and there are multiple opportunities available for the right people – don’t miss out, contact PAX Migration Australia today.

The post Australia Permanent Residency appeared first on PAX Migration Agent Adelaide.

Proving a genuine relationship exists sounds easier than it is. How do you prove that two people are in a genuine relationship?

It is not enough to just say well we are in a relationship to the Department should just accept that. They are sceptical because all too often fraud has occurred.

The onus of proof falls on the applicant to demonstrate the existence of a genuine relationship to satisfy the Department for approval of a partner visa.

And then there is the length of time – is it 12 months? Is it 6 months? Is there any time period required if the relationship is registered?

And then there are the other criteria such as visa status, health and character, dependent children and approval to migrate them to Australia, impediments such as previous marriages and other technical requirements all of which can have catastrophic results if not respected and addressed appropriately.

Don’t leave it to chance. Get an expert on the case and allow us to take the stress off your shoulders. Contact us for a no obligation discussion about how we can help you with your partner visa.

The type of visa you apply for depends on the stage of your application and whether you are onshore or offshore:

Onshore:

Temporary Partner Visa (820) → Permanent Partner Visa (801)

Offshore:

Temporary Partner Visa (309) → Permanent Partner Visa (100)

Offshore:

Prospective Marriage Visa (300) → Temporary Partner Visa (820) → Permanent Partner Visa (801)

Type of Relationship

In order to qualify for a partner visa, there must be a relationship which is either :

• A marriage;
• A de facto relationship;
• A registered relationship under Australian or Territory law; or
• A prospective marriage

Genuine and Continuing

Whether or not the couple is married, in a registered relationship or de facto, the case officer must be satisfied that the relationship is genuine and continuing.

There is no single way to prove that your relationship is genuine and continuing. Rather, a case officer will look at the totality of evidence provided that point to these factors:

Financial:

• Joint ownership of real estate or other major assets
• Joint bank accounts, joint loans, and any other pooling of financial resources
• Sharing of household expenses

Living Arrangements:

• Sharing of care and support of any children
• Sharing a house and the responsibility for housework

Social Aspects:

• The opinion of friends and acquaintances about the couple
• Joint social activities planned or undertaken

Commitment:

• Duration of the relationship and the length of time living together
• The degree of companionship and emotional support between the couple
• Whether the person see the relationship as a long-term one

Not living apart on a permanent basis

It is a requirement for all partner visas except for the prospective marriage visa, that the couple has lived together. Sometimes couples live apart for extended periods of time. As long as the living apart is not on a permanent basis these periods will still be included as ‘living together’ for the purposes of the visa. A good example of this is where one member of the couple has to travel for work under fly in fly out arrangements.

Minimum length of the relationship

There is no minimum length for a married couple or a couple that has registered their relationship. However, it is important to remember that the length of the relationship is always a consideration in deciding whether the couple meet the genuine and continuing criterion.

For de facto couples a minimum 12 month de facto relationship must exist unless there are compassionate or compelling circumstances, in which case there is no minimum length for the relationship.

Prospective Marriage

Otherwise known as the ‘fiance visa’ this visa is valid for 9 months and carries full work and study rights. Once the applicant has entered Australia and married the sponsor, an application for a subclass 820 visa can be made just like any other spouse application.

Public Interest Criteria

Like almost all visas, partner visas carry these general requirements for Health, Character, Debts to the Commonwealth, and Australian Values Statement.

If you are unsure of meeting any of these criteria you should contact a professional to assess your ability to overcome any potential refusal on these grounds. Migration agents can prepare submissions on your behalf to give your application every opportunity for approval.

English language Requirement

There is no English language requirement for a partner visa.

Period of Visa

Partner visas are issued in two stages – first, the temporary visa is issued and then, after 2 years, a permanent partner visa is issued.

Both forms of partner visa carry multiple entry rights.

Work Rights

A partner visa carries full work rights.

Key conditions for holders of partner visas

Must notify the Department of any change of details

Until you receive your permanent visa, you must notify the Department of Immigration if:

• you change address
• your circumstances change
• your relationship with your partner ends

Sponsor Obligations

The sponsoring partner has certain responsibilities until permanent residency is granted:

• responsible for all financial obligations to the Australian Government that your partner might incur while they are in Australia

• agree to provide adequate accommodation and financial assistance as required to meet your partner’s reasonable living needs
• will provide financial and other support, such as childcare, that will enable your partner to attend any English classes they need
• will provide information and advice to help your partner settle in Australia. This information and advice include telling your partner about employment in Australia.
• immediately notify the department if your relationship with your partner breaks down.

School-age family members

Any family members of school age (between five and 18 years) living in Australia must attend school in Australia.

Family Member Obligations

All dependent family members must also abide by their visa conditions, which in most cases will be the same as the primary visa holder. A breach of these conditions may result in visa cancellation. It is the primary visa holder’s responsibility to ensure that family members abide by the conditions of their visa.

The post Partner Visa appeared first on PAX Migration Agent Adelaide.

Changes for the 2014-15 year

From 1 July 2014, 4 occupations were added to the list. No occupations have been removed.

The new additions are:

State Sponsorship

Most occupations on the SOL are eligible for state sponsorship. This is an easy way to increase your points score if you are finding it difficult to attain the minimum points threshold for migration (60 points currently).

For Students

If you are graduating from a course that meets the Australian Study Requirement, and your first student visa was applied for before November 2011, you will be eligible for a 485 graduate visa if your occupation is on the Skilled Occupation List (SOL) (subject to meeting the other criteria of the 485 visa).

The full Skilled Occupation List:

The post Skilled Occupation List (SOL) appeared first on PAX Migration Agent Adelaide.

While these can be expensive, when one takes into account the ability to access health care benefits vs private health insurance, the cost is similar to previous non contributory strategies.

There are two types of parent visa depending on whether the applicant is onshore or offshore:

Offshore:

Onshore:

You do not need to apply for the temporary visa first, you may directly apply for the permanent visa. Some people prefer to apply for the temporary visa first since this allows them to spread the high cost of the visa application charge over a longer period rather than payment in one lump sum.

Balance of Family Test

In order to qualify for a parent visa, each parent must meet the balance of family test.

The balance of family test requires that:

• at least half of your children are Australian citizens, Australian permanent residents or eligible New Zealand citizens usually resident in Australia
• you have more children living in Australia as Australian citizens, Australian permanent residents or eligible New Zealand citizens than in any other country

Health Criteria

The Parent visas all carry the same health criterion – PIC 4005. This requirement does not carry a waiver possibility like other visas do. It is important to remember that for parent visas, a failure to meet the health criterion will mean a refusal of the visa application with no possibility for a waiver.

The health criterion requires that each applicant is free from a medical condition that would likely require health care or community services and the provision of that care or service would likely result in a significant cost to the Australian community or prejudice access to that care by Australian citizens.

It is important to remember that the test does not allow for mitigates such as claiming that family members will care for the parents, or that the parents have sufficient financial resources to arrange their own care. The test only asks whether they have a condition that would meet the medical criteria for the provision of a community service.

Sponsor

All parent visas require an Australian citizen or permanent resident to sponsor the parent. This person must have lived in Australia for 2 years and must satisfy the Department of Immigration as to the ability to provide accommodation, financial assistance and general support to the parents in the first 2 years of residency in Australia.

Assurance of Support

All parent visas require the lodging of an Assurance of Support. This is a bond paid usually by the sponsor but it can be paid by anyone on behalf of the applicants. To qualify to be an assurer of support, you must have sufficient income. See http://guides.dss.gov.au/guide-social-security-law/9/4/3/30 for the income requirements for assurers.

At the time of writing, the current bond amounts are $10,000 for the primary visa applicant and $4,000 for each secondary adult applicant. The amounts will be held in a term deposit for 10 years. After the 10 years is over, whatever hasn’t been used will be returned to the assurer. The bond is only drawn down on if the parent or dependant applicant makes a claim for social security benefits.

Social Security

While the applicants of a Parent visa will be permanent residents, they will not be eligible to receive social security benefits for a period of 2 years. The age pension will not be available for 10 years.

Public Interest Criteria

Like almost all visas, partner visas carry these general requirements for Health, Character, Debts to the Commonwealth, and Australian Values Statement.

If you are unsure of meeting any of these criteria you should contact a professional to assess your ability to overcome any potential refusal on these grounds. Migration agents can prepare submissions on your behalf to give your application every opportunity for approval.

English Language Requirement

There is no English language requirement for a parent visa.

Period of Visa

The temporary version of the parent visa is generally valid for 2 years. The permanent visa grants permanent residency to the applicants which means the visa allows travel to and from Australia for 5 years. After that period, a Return Resident visa is issued or Australian citizenship can be attained.

Work Rights

A partner visa carries full work rights.

Key Conditions for holders of partner visas

Must notify the Department of any change of details

Until you receive your permanent visa, you must notify the Department of Immigration if:

• you change address
• your circumstances change
• your relationship with your partner ends

Sponsor Obligations

The sponsoring child has certain responsibilities for the first 2 years since the date of entry into Australia:

• provide information and advice to help the applicants settle in Australia
• ensure adequate accommodation is available for the applicants in Australia
• provide financial assistance as required to meet the applicants’ living needs and health care
• provide support as required to enable them to attend appropriate English language courses
• inform the department in writing if support is withdrawn before the application is finalised

The post Key Criteria to qualify for a Parent Visa appeared first on PAX Migration Agent Adelaide.

The intake of skilled migrants is done in these ways:

General Skilled Migration

• Independent permanent visas for migrants whose occupation is on the Skill Occupation List (SOL).
• State Sponsored permanent visas for migrants whose occupation is on State Government Occupation List, like this one.

Note that all General Skilled Migration visas require the migrant to achieve at least the minimum points threshold to be eligible for state sponsorship.

All General Skilled Migration visas require a positive skills assessment to be achieved from the designated skills assessment body. The SOL and CSOL lists designate the applicable skills assessment body for your occupation.

Employer Sponsored Skilled Migration

• Permanent and temporary employer sponsored visas for migrants whose occupation is on the Consolidated Skilled Occupation List (CSOL)
• Permanent employer sponsored visas for migrants whose occupation is a skill level 3, 2 or 1 as described on ANZSCO and the employer is located in a regional area of Australia.

Most employer sponsored visas do not require a skills assessment. Note however, that most ‘trade occupations’ where the migrant obtained the qualification overseas will require a skills assessment.

For a summary of the key criteria to qualify for a work visa see our resources page.

If you are someone who has skills relevant to an occupation on the SOL, CSOL or ANZSCO skill level 3, 2 or 1, contact a Registered Migration Agent to discover your options to obtain a visa to work in Australia.

The post Skilled Migration List appeared first on PAX Migration Agent Adelaide.

A bridging visa is required because processing times for visas can be very long (from weeks and months up to years). In the meantime, a person’s original visa may have expired while waiting for their visa application to be approved. Therefore, a bridging visa is required to make sure the person has a visa to be considered legally in Australia until the substantive visa application is decided.

Bridging visas are not granted to applicants who are offshore. They are only relevant for applicants who have applied for a visa whilst in Australia.

A bridging visa is granted in the following circumstances:

• A person has applied for a visa but no decision has been made yet
• A person has applied for a tribunal review of a refusal or cancellation of a visa
• A person has applied for judicial review (court appeal) of a refusal or cancellation of a visa
• A person has applied to the Minister for personal intervention in their case
• A person plans to depart Australia but the substantive visa has expired or been cancelled

There are 5 categories of bridging visa:

Whether or not you have work rights attached to your bridging visa depends on some key circumstances:

• The type of visa you held before you received the bridging visa
• They type of visa you have applied for
• Whether or not you have a ‘compelling need to work’

By default, you will receive the same conditions as were attached to the type of visa you held before you received the bridging visa

• If you held a student visa, and you have received a BVA you will have work rights because the student visa you held does not preclude you from working you’re your course is not in session
• If you held a visa that carried work rights (such as a 457 or 485 visa) then you will have the same rights as you had on that visa

However, if you apply for certain permanent visas, you will be granted work rights with your BVA or BVC.

For any BVA, you will receive work rights if you have applied for a permanent employer sponsored visa, permenent skilled independent visa, Business Skills visa or a Partner visa.

If you do not receive work rights on the basis of the above factors, you will need to apply separately for work rights.

A condition on a Bridging Visa restricting work can be removed provided you can show a ‘compelling need to work’. This is defined as ‘financial hardship’ and requires a complete evaluation of your financial circumstances to justify a need to work. Key factors such as your level of savings, income, and expenses will be taken into account. Also, whether or not financial support is available from other people will also be considered.

Note there are some specific circumstances when the ‘compelling need to work’ waiver is not available.

Travel while on bridging visa

It is important to remember that while you are on a bridging visa, you must request permission to leave Australia and return, and be granted a BVB accordingly. Note that only BVA holders can be granted a BVB. BVC and BVE holders cannot be granted a BVB to leave and return to Australia – therefore they must meet the criteria for another form of visa to return to Australia if they leave.

The post Bridging Visa appeared first on PAX Migration Agent Adelaide.

Key Criteria to qualify for a 602 Visa

Medical Treatment or Consultations in Australia

To qualify for this medical visa, you need to be in Australia for ‘Medical treatment’ (other than surrogate motherhood)

‘Medical treatment’ includes all medical procedures (eg. Tests, surgery, consultations).

It does not matter if the treatment is minor, available in your home country, or cosmetic.

Proof of Treatment

You must show that you have made arrangements for your medical treatment., This will usually involve a letter from your medical practitioner explaining the nature and duration of your treatment, the proposed dates of treatment, and the possible costs.

Proof that you can pay for your treatment

Usually, a letter will be required from the hospital or clinic that will treat you confirming that they are satisfied as to the arrangements for payment of their fees.

This may involve actual payment, insurance policy evidence, or identification of reciprocal health care agreements (eg, United Kingdom, Sweden, Finland, Norway, Netherlands, Belgium, Malta, Italy, New Zealand and Republic of Ireland and Slovenia)

It is also important to provide evidence that the applicant will not become a charge on the Australian government by showing acceptable arrangements for other expenses relating to the stay in Australia, including the expenses of anyone accompanying you.

Support Person can Accompany

You can have someone accompany you as a support person to give emotional and other support. Family members (ie. Spouse, children) may also accompany you.

Genuine Temporary Entrant

It is a requirement that the applicant genuinely intends to stay in Australia temporarily. You must have adequate means to support yourself during the stay.

Public Interest Criteria

The medical treatment visa carries the general Character and Debts to the Commonwealth criteria.

If you are unsure of meeting any of these criteria you should contact a professional to assess your ability to overcome any potential refusal on these grounds. Migration agents can prepare submissions on your behalf to give your application every opportunity for approval.

Period of Visa

The Medical Treatment visa is a temporary visa. It will be valid for any period decided by the Department of Immigration (usually the length of your treatment).

Work Rights

The Medical Treatment visa does not allow you to work at all. You may apply for work rights on the grounds of financial hardship as a result of changes to your circumstances after entering Australia. You will need to show compelling reasons to work and why you cannot leave Australia.

The post Medical Visa 602 appeared first on PAX Migration Agent Adelaide.