Migration Agent Perth | Visa Makers - Immigration To Australia News

Partner Visa Granted 2019-2020

17/9/2020

Hi Everyone,

The Government has published the detailed outcomes from the 2019-20 Migration Program. The permanent migration intake was 140,366 in 2019-20. About 26% of all Migration visas were for Partner Visas.

Also please note Immigration have stated the following:

The size and composition of the 2020-21 Migration and Humanitarian programs will be considered in light of the developing COVID-19 situation and announced as part of the Budget process in October.

GET THOSE PARTNER VISAS LODGED!!!

For more information on the announcement please follow this link:

https://minister.homeaffairs.gov.au/alantudge/Pages/Outcomes-of-the-2019-20-Migration-Program.aspx?fbclid=IwAR3E_b2ln8oPRuAdnJ0ECRYL2UAA6BG_EafV4-tVPSj4xpmBeF6Iw0CQD8I
For help with your application please email me directly on andrew@visamakers.com.au.

Andrew EP McAuley
Visa Makers

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New Skilled Occupation List Announced Today (Priority Migration Skilled Occupation List (PMSOL))

2/9/2020

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Immigration have today announced a new skilled occupation list in addition to the current lists.

The list will be named the Priority Migration Skilled Occupation List (PMSOL) and will contain just 17 occupations.

The occupations are in the health care, construction and IT sectors.

Visa holders, who have been sponsored by an Australia business in a PMSOL occupation can request an exemption from Australia’s travel restrictions, but will be subject to a strict 14 days quarantine on arrival at their own expense.

Existing skilled migration occupation lists will remain active and visas will still be processed, but priority will be given to those in occupations on the PMSOL.

The 17 occupations (ANZSCO code) are:

Chief Executive or Managing Director (111111)
Construction Project Manager (133111)
Mechanical Engineer (233512)
General Practitioner (253111)
Resident Medical Officer (253112)
Psychiatrist (253411)
Medical Practitioner nec (253999)
Midwife (254111)
Registered Nurse (Aged Care) (254412)
Registered Nurse (Critical Care and Emergency) (254415)
Registered Nurse (Medical) (254418)
Registered Nurse (Mental Health) (254422)
Registered Nurse (Perioperative) (254423)
Registered Nurses nec (254499)
Developer Programmer (261312)
Software Engineer (261313)
Maintenance Planner (312911)

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Travel exemption request for Australia

27/8/2020

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If you require assistance with your travel exemption request for Australia please email me directly on andrew@visamakers.com.au 🇦🇺

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How to bring your partner to Australia during COVID?

26/8/2020

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Hi everyone ,

Hope you are all well and staying safe. (especially if you are over in Victoria).

Well finally the sun has returned to Perth and Spring is just around the corner.

It has been a long winter in many ways with so many couples suffering due to the restrictions to enter Australia.

Let's hope a vaccine is found as soon as possible, it looks optimistic with the vaccine developments at Oxford University in the UK.

Anyway, today I wanted to try and provide you some information to help you bring your partner to Australia.

A typical scenario is that the Aussie sponsor is located in Australia but their partner is still overseas.

Due to COVID bringing your partner here has become far more problematic than before.

However, hope is not lost as it may be possible for your partner to obtain an exemption from the travel restrictions.

So how do I get the exemption to travel to Australia Andrew you many ask, well let's break it down for you.

Firstly, if your partner currently holds a Partner visa (ie 309 or 100, 820 or 801) they can come to Australia.

They do not need to request an exemption to travel to Australia’s due to the travel restrictions.

They would meet the exemption requirements due to being an immediate family member of an Australian citizen or permanent resident.

Please note though that ‘Immediate family members’ of Australian citizens and permanent residents comprise spouses, de facto partners, dependent children and legal guardians. No other family relationship is exempt. Sorry Gran!!

This is great news for those who already have the Partner visa.

However, still problems can arise in trying to get flights back that do not break the bank, whether the state you want to travel to has restrictions in place (eg a g2g pass will be required for Western Australia) and whether or not the country in which your partner is located allows them to leave easily. Please note for those wanting to enter Western Australia a g2g pass app is available to download) Click here to download now g2g pass app download)

The Australian Border Force have stated that Prospective Marriage (subclass 300) visa holders can’t come to Australia at the moment.

However, we have seen recent cases of the visa and exemption being granted, so watch this space.

Ok so if you do not hold the Partner Visa as yet what can you do next.

So if your Partner holds another type of temporary visa eg a visitor visa they will need to apply for an ‘Request for a travel exemption’ and provide proof of your relationship.

Please note to be able to travel your partner will require both a valid visa and approval of the exemption request.

It is super important to provide as much relationship evidence that you can with the exemption request.

For example, marriage certificate, de-facto or civil partnership registration, shared financial commitments, joint residency or relevant birth certificates for yourself, partner and children.

Almost to the same level as with a Partner Visa.

The Australian Border Force are rejecting a large number of requests at the moment so it is super important to provide as much relationship evidence as possible.

In good news though it seems Immigration may be getting through the backlog of Partner visa applications as we have had notice of a large number of visa grants, some in only 3 months.

Hope this helps you on your journey to be together with your partner in Australia.

If you require assistance with your ‘exemption application’ or Partner Visa (820/801, 309/100) please email me directly on andrew@visamakers.com.au

Happy to help.

To Your Visa Success

Andrew

Andrew EP McAuley
(MARN: 1278335)

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494 VISA FOR PERTH

31/7/2020

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Today I wanted to write a short article about the new regional 494 visa (otherwise known as the Skilled Employer Sponsored Regional (Provisional) visa).

This is a new (well Nov 2019) and enhanced employer-sponsored visa to assist regional Australia.

Fantastic how do I apply?

Well firstly you and your employer would first need to be sure you are eligible.

The 494 visa has many benefits.

For example,

1. It offers a long visa (5 year temporary visa) and the option of Permanent Residency after 3 years,
2. It is priority processed by Immigration.
3. Perth is classed as regional for the 494 visa (those over east come on over (after COVID obviously))
4. Holders of the 494 visa will have access to Medicare
5. Work rights will automatically be attached to Bridging Visa As.

The two main drawbacks are:

1. At the time of application you will need to have been employed in the nominated occupation for at least 3 years on a full-time basis and at the level of skill required for the occupation (Not easy for students)

2. Generally, you will need a full Skills Assessment (not a 485 assessment) (not easy for some occupations eg chefs).

Anyway there is a brief summary of the new 494 Visa.

For more information or to get in touch please click on the link below.

To your visa success.

Andrew EP McAuley
Visa Makers

CONTACT US

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COVID-19 - Your visa and travel questions answered

15/7/2020

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Hi All, Immigration have just provided a handy tool to help if you are not sure you can travel to or from Australia during COVID. Check it out in the link below

www.homeaffairs.gov.au/covid-19-visa-travel-questions-answered?fbclid=IwAR2wfrRvZk7uIXxcT3uIcSEplgQGzUEfjAiw9dSRUvivYXEpJHXX8YGWg_A

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New Hong Kong Visa for Australia - July 2020

9/7/2020

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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.

Student Visa holders
Temporary Skill Shortage (TSS) 482 Visa holders
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

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Partner Visa Refused? - 3 Common Reasons

23/6/2020

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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:

Financial Aspects
Nature of your Household
Social Aspects
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.

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12 Reasons to Apply For The New 491 Visa

16/6/2020

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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).

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!!
5 year Visa
The 491 Visa offers holders with a reasonably long temporary visa. That is a 5 year visa.
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.
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.
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)
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.
Lots of Places
There are over 25,000 regional places allocated to the regional 491 visa.
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!!
Work Rights
Work rights will automatically be attached to the Bridging Visa A granted to onshore applicants for a new 491 regional visa.
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!!
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.
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.

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COVID 19 What you need to know about Partner Visa

1/4/2020

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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 expires. 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

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<<Previous

Partner Visa Granted 2019-2020

New Skilled Occupation List Announced Today (Priority Migration Skilled Occupation List (PMSOL))

Travel exemption request for Australia

How to bring your partner to Australia during COVID?

494 VISA FOR PERTH

COVID-19 - Your visa and travel questions answered

New Hong Kong Visa for Australia - July 2020

Partner Visa Refused? - 3 Common Reasons

12 Reasons to Apply For The New 491 Visa

COVID 19 What you need to know about Partner Visa

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