Good news today for Hong Kong residents living in Australia. The Prime Minister has today announced Hong Kong residents who hold one of the three visas listed below can extend their stay for another five years, on top of the time they've already spent here.

1. Student Visa holders
2. Temporary Skill Shortage (TSS) 482 Visa holders
3. 485 Visa | Temporary GraduateTemporary Graduate (485) Visa holders

There are currently 10,000 Hong Kong residents living in Australia, holding a student, TSS 482 or Graduate visa. They will now be able to stay in Australia for an extra 5 years and apply for permanent residency after that. 

For more information please complete the form below and a Migration Agent will get in touch with you. 

Andrew McAuley - Visa Makers
MARN: 1278335
​

Partner Visa Refused? - 3 Common Reasons

Applying for any visas for Australia during Covid-19 can be a stressful experience. 

This is especially so for those applying for Partner Visas. 

There seems to be so many pressures on relationships at this time, adding a Partner visa application to the mix can be very stressful for both parties. 

I wanted to try and help you avoid a possible visa refusal by outlining some of the most common reasons for Partner Visa refusals. 

1.Lack Of Relationship Evidence

This really is the big one. 

Clearly, a Partner Visa’s success is based around proving to Immigration with evidence that you are in a spousal or de-facto relationship. 

Essentially Immigration will be assessing your application for evidence of a mutual commitment to a shared life as a couple to the exclusion of all others, that the relationship between you is genuine and continuing and that you live together or do not live separately and apart on a permanent basis. 

To make this assessment they will analyse 4 key aspects of your relationship, namely: 

1. Financial Aspects 
2. Nature of your Household
3. Social Aspects 
4. Nature of your commitment to each other. 

Typically couples have strong evidence of the social aspects (friends are a wonderful thing) but can be lacking in Financial and Household evidence. 

In many cases it is worth waiting until you have strong enough evidence before applying. 

It is a very expensive visa in which to obtain a refusal as there is no refund should the Partner visa be refused. 

You will generally have the right for a visa refusal appeal however, this again can be expensive and your life is placed on hold for potentially 1 to 2 years. The appeal to visa refusal process can be a long and stressful time for couples.  


To find out the current AAT partner visa processing time, please click the link below: 

AAT partner visa processing time

So as you can see the average calendar days from lodgement to finalisation for the AAT partner visa processing time is currently 679 days (ie 1 Year 10 Months and 1 Week). 

So the bottom line you need to make a judgment on whether you feel you have sufficient relationship evidence to be able to proceed to avoid your Partner Visa being refused. 

2. Inconsistencies in your application

Partner visas applications typically provide to Immigration a vast amount of information regarding your relationship. 

This can include your own relationship evidence, statements from friends and family, information in the visa and sponsorship applications and any forms you may provide (eg Form 80). 

Anyway as you can see you need to be sure that your application does not contain any notable inconsistencies. 

For example, if you state the start of your relationship as 2 different dates in the visa and sponsorship application or potentially a friend provides inconsistent information in their form 888 to that which was stated in the application. 

Genuine mistakes are generally not an issue (eg typos), however any significant inconsistencies may indicate to Immigration that your relationship is not genuine.

In addition any information that is deemed to be misleading could be a reason for Immigration to refuse your application. (Google: PIC 4020 - the Sledgehammer clause). 

3. Not meeting Schedule 3 (Partner Visa)

Many Partner Visa (820/801) applicants get caught by Schedule 3 and have their visas refused based on this criteria. 

The Administrative Appeals Tribunal (AAT) deals with a large number of Schedule 3 cases. 

So what exactly is Schedule 3 criteria you may ask… 

Schedule 3 specifies additional criteria for visa applicants who are in Australia and at time of application are an unlawful non-citizen (ie those with no visa) or those who hold only a bridging visa.

The objective of Schedule 3 is to encourage non-citizens who have a legitimate basis for remaining in Australia to apply for a further visa before their current substantive visa ceases. 

Schedule 3 comprises 5 separate criteria: 3001, 3002, 3003, 3004 to 3005. 

Also please note the parts of Schedule 3 may be different from one visa subclass to another. 

I have summaried the 5 elements below but be aware this does not cover every detail.

3001 - Can be met if the visa application was validly made within 28 days after the relevant day. (typically the ‘relevant day is the last day the applicant held a substantive visa).

3002 - Can be met if the visa application was validly made within 12 months after the relevant day.

3003 - Only relevant for those here back in 1994.

3004 - There are a number of elements that need to be met. However, the main elements are that the applicant is not the holder of a substantive visa because of factors beyond the applicant's control, there are compelling reasons for granting the visa and they have compiled substantially with conditions of their last substantive visa.

3005 - If any time in past the visa applicant met/passed the Schedule 3 provisions they cannot meet the Schedule 3 clauses again for a second time.

Please note for Partner visa 820/801 failure of any part of criteria 3001, 3003 or 3004 results in failure of the Schedule 3 criteria. 

For some visas (eg Partner Visa 820/801) there is a Schedule 3 waiver available if “compelling reasons” for waiving Schedule 3 can be established. 

So for those lodging Partner visas onshore and do not hold a visa or a bridging visa Schedule 3 can be a huge problem. 

If you require assistance to try and meet the Schedule 3 criteria or need help with a Schedule 3 waiver please contact us on the details below. 

There we go, there are 3 common reasons why Immigration could refuse a Partner Visa. 

We hope this article helps you on your journey to getting your Partner Visa granted and you will be able to sit back on the beach with a pina colada and not have to think about visas again. 

If you have any questions about Partner Visas or for any other visa please call Andrew McAuley (Registered Migration Agent on 0416 468 333 or email andrew@visamakers.com.au. 

Alternatively please complete the form below and we will be in touch as soon as possible with you.  ​

Are you thinking about applying for the new 491 visa?  


Well look no further as below we have listed 12 reasons to apply for the 491 visa.
Otherwise known as the Skilled Work Regional Subclass 491 (Provisional) visa). 

1. Permanent Residency After 3 years
   One of the main advantages of applying for the 491 visa is that it offers visa holders the possibility of applying for Permanent Residency after 3 years. One step closer to the Aussie passport!! 
   
   
2. 5 year Visa
   The 491 Visa offers holders with a reasonably long temporary visa. That is a 5 year visa. 
   
   
3. Priority Processed
   The 491 Visa is ‘priority processed’ by Immigration as it is a regional visa, meaning Immigration should assess your application before other visa applications.
   
   
4. 491 Visa Perth
   Perth is classed a regional for the 491 visa. Great for those who live here or who want to relocate from overseas or from other states. Perth has 300 sunny days a year, say no more :). Contact us for the Perth 491 Visa requirements. 
   ​
5. Large Occupation List
   The occupation list for this visa is larger than with non-regional visas. So if you are a footballer, flower grower, makeup artist or massage therapist this visa may be for you. Check out the occupation list for the 491 visa here (occupation list 491 visa)
   
   
6. Medicare
   Holders of the 491 visa will have access to medicare. Yes you read that correctly. This is another great reason to apply for the 491 visa. 
       
7. Lots of Places
   There are over 25,000 regional places allocated to the regional 491 visa.     
   
   
8. Secondary applicants
   Secondary applicants can live, study and work in a different regional area so long as they are still in a designated regional area. Great for sending your husband off to work far away. Only joking!!
   
   
9. Work Rights
   Work rights will automatically be attached to the Bridging Visa A granted to onshore applicants for a new 491 regional visa. 
   
   
10. 15 Points Extra
    Immigration will give you an extra 15 points on the points test for Australia if you are nominated by a state or sponsored by a family member residing in regional Australia. Very kind of them!!        
                            
11. Access to Centrelink Payments?
    Subject to being passed by Parliament it may be possible for holders of provisional skilled regional visas, (ie 491 visa and 494 visa) to have access to welfare payments or government services as if they are holders of permanent visas. This could mean those who hold the 491 visa can assess Centrelink payments. 
    
    
12. 491 Visa conditions
    Holders of the new 491 visa for Australia will be subject to visa condition 8579, requiring the visa holder to live, work and study in regional Australia. This is not so bad in reality with all of Australia classed as Regional, except Sydney, Melbourne and Brisbane. 

There we go, there are 12 good reasons to apply for a Skilled Work Regional Subclass 491 (Provisional) visa. 

If you have any questions about the Perth 491 visa requirements or for any other visa please call Andrew McAuley (Registered Migration Agent on 0416 468 333 or email andrew@visamakers.com.au. Alternatively please complete the Form below and we will be in touch as soon as possible with you.  

CORONAVIRUS has indeed changed the world.!
 
A lot of countries have closed their borders to prevent the spread of this virus.
 
Here’s some info you need to know about Partner Visa in Australia.
 
IF YOU ARE OUTSIDE AUSTRALIA AND CAN'T RETURN TO AUSTRALIA BEFORE YOUR VISA EXPIRES AND WANT TO RETURN.

• You will need to apply for a new visa once the travel restrictions are lifted.

 
IF YOU ARE IN AUSTRALIA AND YOU WANT TO STAY FURTHER.

• You must apply for a new visa before your current visa exp​ir​es. You might be granted a bridging visa that will keep you lawful until a decision is made on your visa application. ​

 
CAN'T PROVIDE ADDITIONAL INFORMATION DUE TO OFFICE CLOSURE (HEALTH OR POLICE CLEARANCES, BIOMETRICS, ENGLISH LANGUAGE TESTING)

• You will be given additional time to complete checks and provide requested information.

 
IF YOU ARE OUTSIDE AUSTRALIAN AND HOLDS A BRIDGING VISA.
 

• If your Bridging visa expires and you are outside Australia, you will need to apply for another visa. Bridging visas cannot be granted if you are outside Australia.

 
PROCESSING VISA APPLICATIONS
 

• Be aware that some services relating to the visa application process may be impacted by COVID-19.

 
VISA MEDICAL APPOINTMENTS
 

• Be aware of disruptions to visa medical services, both in Australia and outside Australia, due to COVID-19.

 

• Immigration is aware of the disruptions. they will extend timeframes in to account when considering your visa application.
  
  For more info please visit he link below:
  https://covid19.homeaffairs.gov.au/all-visa-holders#a
  

​​Captured on video for the first time in Australia, the phone call that changes everything. Check out Hardeep receiving a phone call from me (Andrew) telling him the great news that his Skilled visa for Australia has been approved. Big congratulations to Hardeep and his partner, now you can relax and enjoy your new life in Australia!!

​RN By Farz Edraki and Cathy Pryor for This Working Life

Breaking News!!

More great news for visa applicants in Perth. (and the Gold Coast). Perth has been designated as a Regional area for the new skilled visa changes coming on the 16th November 2019. This may mean Perth can be used for the new 491 Visa (Skilled Work Regional) and new Subclass 494 Skilled Employer Sponsored Regional (Provisional) Visa. It should also mean that those who study in Perth can obtain an extra 5 points for studying in Perth. In addition, it could be that those applying for the Temporary Graduate Visa 485 may now be eligible for a 3 year visa, instead of 2. Confirmation will follow in due course. More of a reason to come to Perth!!! 

Below is a brief summary of the 491 visa and 494 visa:

491 VISA (SKILLED WORK REGIONAL VISA) – PROVISIONAL​

Summary 

For people who are nominated by a State or Territory government or sponsored by an eligible family member to live and work in regional Australia. (Perth is now regional). Closes the Subclass 489 (Skilled – Regional (Provisional)) visa (Subclass 489) to primary applicants. 

When does it start? 

The 491 visa commences on 16 November 2019.

How long is the visa duration? 

The new Skilled Work Regional subclass 491 visa will enable eligible skilled workers and their families to live, work and study in designated regional areas of Australia for 5 years. 

When can I apply for permanent residency? 

Visa holders who are eligible will be able to apply for a Permanent Residence visa after three years. 

What is the process to apply for the 491 visa? 

Applicants for this visa must be nominated by an Australian state or territory government agency or sponsored by an eligible family member residing in a designated regional area and be  invited to apply for the visa, following submission of an Expression of Interest (EOI) in SkillSelect. 491 visa is a skilled visa (points tested). 

Is there a limit on visa places? 

Yes the subclass 491 visa has 14,000 places allocated per year,  which requires either state government nomination or sponsored by an eligible family member residing in a designated regional area. 

What is the age limit for the 491 visa? 

The age limit for the 491 visa is 45 years of age. 

Will I require a skill assessment for the 491 visa? 

Yes most likely a full skill assessment will be required in your chosen occupation. Note you cannot use your Graduate Visa 485 skill assessment. 

What points will I need to get an invite? 

Good question!! We will only know the details on the required points after we get the data on the invitations issued under the new 491 visa. Currently, 65 points is the minimum. However, in reality much higher points are required for an invite. (eg 80/85). 

Are there any changes to the Points test for the 491 visa? 

Yes there are significant changes being made to the points test for all skilled visas. (189 visa, 190 visa, 491 visa). 

The main changes are: 

• 15 points for nomination by a State or Territory government agency or sponsorship by a family member residing in regional Australia, to live and work in regional Australia
• 10 points for a skilled spouse or de facto partner
• 10 points for certain Science, Technology, Engineering and Mathematics (STEM) qualifications;
• 5 points for a spouse or de facto partner with ‘competent English
• 10 points for applicants without a spouse or de facto partner (ie single people) 

Can I apply for permanent residency after 3 years? 

Possibly!! However, it will most importantly depend on the income you have earned. Ouch!! PR does not come easy these days... This will require a primary applicant to submit evidence of their minimum taxable income for least 3 income years. Regional provisional visas are valid for five years and the income requirement should be met for three out of those five years. How much do you need to earn? Well, most likely over $53,900. 

Are there any restrictions on the 491 visa? 

Yes, holders of the new regional provisional visas will be subject to visa condition 8579, requiring the visa holder to live, work and study in regional Australia. You can go on holiday to Sydney so do not worry about that!! If a visa holder chooses not to reside in regional Australia, this may result in cancellation of their visa. Ouch!! 

How much is the 491 visa? 

The 491 visa cost is currently $4,045 for the main applicant, $2,025​ for an applicant who is at least 18 and 
$1,010 for an applicant who is less than 18. 

494 SKILLED EMPLOYER SPONSORED REGIONAL VISA 

Summary 

A new and enhanced employer-sponsored visa to assist regional Australia, with two streams: Employer Sponsored and Labour Agreement. Note Perth is classed as regional. Closes the Subclass 187 (Regional Sponsored Migration Scheme) visa, except for certain transitional applicants. Subclass 187 is superseded by Subclass 494. 

When does the 494 visa start? 

The 494 visa commences on 16 November 2019.

How long is the visa duration? 

The new Skilled Employer Sponsored Regional 494 visa will enable eligible skilled workers and their families to live, work and study in designated regional areas of Australia for 5 years. For an applicant who satisfies the primary criteria, it is a temporary visa permitting the holder to travel to, enter and remain in Australia for 5 years from the date of grant.

When can I apply for permanent residency? 

Visa holders who are eligible will be able to apply for a Permanent Residence visa after three years as with the 491 visa. 

What is the process to apply for the 494 visa? 

The first step would be to find an employer willing to offer you a job and sponsorship. Get those CVs out there!! 

Step 1 - Sponsorship
Step 2 - Nomination Application  (plus approval by the Regional Certifying Body (RCB))
Step 3 - Visa Application

We can speak to your employer for your on your behalf to check their eligibility. 
Please email me at andrew@visamakers.com.au, we would be happy to help if you have any questions. 

Is there a limit on visa places? 

Yes, the subclass 494 visa has 9,000 places allocated per year. 

What is the age limit for the 491 visa? 

The age limit for the 494 visa is 45 years of age. 

Will I require a skill assessment for the 491 visa? 

Yes most likely a full skill assessment will be required in your chosen occupation. Note you cannot use your Graduate Visa 485 skill assessment. 

Do I need work experience to apply for the 494 visa? 

Yes, you must have at least three years of full time and relevant skilled work experience. For those on the Graduate Visa 485, it is super important to find employment as soon as possible to build up the 3 years experience. 

What english level do I need for the 494 visa? 

You will need 'Competent English' level to meet the requirements. See below: 

• International English Language Testing System (IELTS) At least 6 for each of the 4 components
• Test of English as a Foreign Language internet-based Test (TOEFL iBT) At least 12 for listening, 13 for reading, 21 for writing and 18 for speaking
• Pearson Test of English Academic (PTE Academic) At least 50 for each of the 4 components
• Occupational English Test (OET) At least B for each of the 4 components
• ​Cambridge C1 Advanced test At least 169 in each of the 4 components

Can I apply for permanent residency after 3 years? 

Same as with the 491 visa above. It will most importantly depend on the income you have earned. This will require a primary applicant to submit evidence of their minimum taxable income for least 3 income years. Regional provisional visas are valid for five years and the income requirement should be met for three out of those five years. How much do you need to earn? Well, most likely over $53,900, same as with the 491 visa. In addition, you should have worked in the designated regional area for at least three years, whilst holding a 494 visa. 

How do I apply for permanent residency from the 494 visa? 

Permanent residence is applied for through a new visa called the Subclass 191 (Permanent Residence (Skilled Regional)) visa. You can apply when the following is met:

1. You have worked in the designated regional area for at least three years, whilst holding a 494 visa
2. You can show earnings of at least $53,900 annually for three years. Note if your partner has earned the $53,900 then they can apply for the 191, so only one of you needs to show the 3 years of annual salary. Please note also that you do NOT need to be nominated by an employer to make an application for the 191 visa. This is a major difference to the RSMS 187 visa.

What are the employer requirements for the 494 visa? 

In summary: 

• Your employer must be located in a designated regional area of Australia. (excludes employers in Sydney, Brisbane, Melbourne). The regions of Newcastle, Wollongong and the NSW Central Coast will become designated regional areas
• Your position is on the relevant occupation list 
• Your employer will need approval from the Regional Certifying Body (RCB) in your area
• The position must be full-time, genuine and likely to be available for five years
• You must be paid at the market salary rate

See Visa Makers for all the requirements. 

Are there any restrictions on the 494 visa? 

Yes, holders of the new regional provisional visas will be subject to visa condition 8579, requiring the visa holder to live, work and study in regional Australia. You can go on holiday to Sydney so do not worry about that!! If a visa holder chooses not to reside in regional Australia, this may result in cancellation of their visa. Ouch!! 

How much is the 491 visa? 

The 494 visa cost is $4,045 for the main applicant, $2,025​ for an applicant who is at least 18 and 
$1,010 for an applicant who is less than 18. 

What if I want to leave my employer on a 494 visa? 

Should a 494 visa holder cease their employment, they are provided with a grace period of 90 days to find another employer sponsor and be nominated. 

​Thank you for reading to the end. I hope it helps you on your migration journey. 

If you have any questions on the new 491 or 494 visa please email me directly and I would be happy to answer any questions you may have. 

Andrew McAuley (MARN: 1278335)

Email Andrew McAuley with your visa question now or complete the contact form below: 

andrew@visamakers.com.au


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