Migration Centre of Australia

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  • October 21, 2020

Update on COVID-19 Pandemic Event Visa

COVID-19 Pandemic event (Subclass 408) visa allows a person to stay and continue working in critical sectors in Australia when he/she cannot leave Australia due to travel restrictions in response to COVID-19 (Coronavirus) and has no other visa option to maintain his/her lawful status in Australia until he/she is able to return to his/her home country. The Department started accepting Covid-19 Pandemic visa applications since 04 April 2020. According to information released by the Department of Home Affairs, the number of applications lodged and visas granted for this stream of 408 visa, during the period from April 2020 to July 2020, is as follows:   Month Applications Lodged Visas Granted April 2020 2,722 – May 2020 4,084 728 June 2020 3,025 1,509 July 2020 2,405 1,475 Total 12,236 3,712   The average processing times for 75% of applications was 27 and 44 calendar days for the months of May 2020 and June 2020, respectively. In April 2020, the Australian Government had added COVID-19 Pandemic as a new event for the Government Endorsed Event stream under the standard Temporary Activity Visa (Subclass 408) program vide the Migration (LIN 20/122: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020. It is important to know that work rights are limited to working in critical sectors only, including agriculture, health care, aged care, disability care and child care. If you facing issue of visa expiry or need advice on a migration matter, Discuss Your Situation with us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents who can help you.
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  • October 14, 2020

All you Need to Know about Visitor Visas During Covid-19

Visitor visas allow you to visit Australia for a holiday, sightseeing, social or recreational reasons, to visit family, relatives or friends, a business trip or for other short-term non-work purposes. This is a temporary visa for people who plan to visit Australia for visitor purposes. Due to travel restrictions imposed in response to Covid-19 pandemic around the world, many visitors could not depart Australia as per plan within the period of visa validity. For people stranded in Australia, it is important to know that it is not possible to extend a Visitor visa under Australian migration law. Therefore, the applicants must apply for a new visa prior to the expiry of their current visa, preferably not earlier than 4 weeks before it expires. If your visa is expiring, it is advisable that apply for a Visitor visa (tourist stream) to remain in Australia lawfully, as long as you are able to support yourself. If you are unable to support yourself and are unable to return home because of Covid-19 restrictions, you may be able to apply for the COVID-19 Pandemic event (Subclass 408) visa. You can avail this option only by demonstrating that you are unable to meet the requirements for any other visa, including a Visitor visa. Most Visitor visas have an attached ‘no further stay condition’, which means you are not allowed to stay in Australia for any duration more than your original visa grant period. If your visa has this condition attached, you must first request a waiver of this condition from the Department of Home Affairs and then apply for another visa, including a Visitor visa. More about Stay Conditions You must request a waiver from Conditions 8503, 8534 and 8535 ‘No Further Stay’ to be able to apply for another visa. You may be able to apply for another visa even if your current visa has Condition 8531 ‘must not remain in Australia after stay period ends’ as this condition cannot be waived. You may be able to apply for another visa even if your current visa has Condition 8558 ‘can’t stay in Australia for more than 12 months in any 18 month period’ as this condition cannot be waived. If you want to know about Visitor Visas or are stuck in any such situation, Get In Touch with us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents to discuss your visa options.
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  • September 30, 2020

Australian Government Endorsed Covid 19 Event- 408 Temporary Activity visa

With the advent of the global pandemic Covid-19, we have a special legislation in power that classifies it as an emergency event. Now, it falls under the Government Endorsed Event visa stream where you won’t need a sponsorship to apply. This visa enables you to remain in Australia if you have no other option and are unable to depart Australia due to Covid-19 travel restrictions. The new legislation supports people working in critical work sectors such as disability, healthcare, aged care, agriculture, etc. The people working in these industries under closed deadlines of visa expiry have 408 Visa to their rescue. A medical professional making employment arrangements in the healthcare sector can also apply for this visa. In order to apply for the visa, one must: Apply online Be on the Australian soil Have a current visa that expires in 28 days or less or your last substantive temporary visa expired less than 28 days ago Either have evidence from your employer that you have ongoing work in a critical sector and that an Australian Citizen or Permanent Resident cannot fill the position, or demonstrate you can’t meet the requirements of any other visa Be able to support yourself and dependents Meet the health requirements and maintain adequate health insurance during your stay in Australia. Meet the character requirements Be a genuine temporary entrant on a Have paid back debt to Australian Government Have not had a visa cancellation or visa refusal Sign the Australian values statement This visa shall allow you to stay in Australia for up to 12 months and is free of cost. Our Registered Migration Agents at Migration Centre of Australia have been in the migration industry for many years and have helped thousands of clients onshore and offshore. We are trained professionals in Australian Migration Law and we are trusted providers in the industry for our services. If you are someone falling into the same category, or if you want to know more about 408 Visa, you can book a visa consultation with us by contacting us on (02) 4626 1002 or send us an email at info@migrationcentreofaustralia.com.au and one of our registered migration agents will be ready to help you.
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  • September 22, 2020

Changes to Labour Market Testing Requirements

Certain visas require testing the local labour market in Australia before nominating an overseas worker in an eligible occupation. You must show to the Department that no suitable worker is present in Australia for a particular skill for which you are nominating an overseas skilled worker. This is called Labour market testing (LMT). LMT generally requires the employer (the approved sponsor) to advertise the position for an eligible occupation and provide evidence of the same at the stage of nomination application. Period, Manner and Evidence of Advertisements Advertisements must be done within the 4 months period immediately before lodging a nomination application. At least TWO advertisements must be published in any of the following mediums: Professional recruitment website with national reach in Australia (such as Seek, LinkedIn); or Print media with national reach in Australia (such as newspapers or magazines); or Radio with national reach in Australia; or On employer’s website if the employer is an approved accredited sponsor. Advertisements must be made in Australia in English language. Advertisements must include: Title or description of the position; Skills or experience required for the position; Name of the sponsor or the name of the recruitment agency, as the case may be; Salary for the position (exemption if the annual earnings for the nominated position are higher than AUD $96,400). Advertisements must have run for at least 4 weeks (28 days) accepting applications and/ or expressions of interest for the advertised position. Changes brought by Migration (LIN 20/156: Jobactive – Period, manner and evidence of labour market testing) Amendment Instrument 2020 The Instrument proposed to include additional requirement of mandatorily advertising the nominated positions on the Government website, JobActive. The Instrument also specifies that it is applicable to a nomination for a Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa or Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa made after the end of the period of 28 days beginning on the day of commencement of the Instrument, i.e. 01 October 2020. Accordingly, the sponsors who are considering employing overseas skilled workers on these visa Subclasses, will have to advertise the vacancies for the nominated occupations on JobActive, in addition to at least two other advertisements. If you are seeking more information on LMT or want to speak to experienced Registered Migration Agents, call us on +61 2 4626 1002. Alternatively, you can Contact Us and one of our visa agent will get back to you shortly.
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  • September 16, 2020

Temporary Residency Extension for Hong Kong Passport Holders

Ever thought of a scheme that extends your visa duration by up to five years? Well, if you are someone from Hong Kong, you could be the lucky one! As the Australian government has decided to extend the temporary visas for students and skilled workers from Hong Kong.  Under this scheme, the current and future Hong Kong students and skilled workers will be allowed to stay on the Australian soil for up to 5 years. Existing students or skilled workers benefit from the amendment as they get an extension on their future or current temporary visa by up to 5 years. However, the ones studying or working in regional Australia will have a temporary residency for 3 years. The extension is not only limited to the primary applicant, but also provides visa extension to the family members of the primary visa holder. It is not mandatory for the family members to be a Hong Kong passport holder to benefit from the scheme. The scheme allows TSS Visa and Temporary Graduate 485 Visa holders to remain in Australia for 5 years and travel to and from Australia on multiple occasions. However, this amendment is not for an indefinite time and is only valid till 8th July 2025. Hong Kong being a business hub is an attractive potential ally with thousands of companies operating their regional headquarters in Hong Kong, making it a destination for global talent, investments and innovation. Hence, this scheme essentially aims to attract talent and business opportunities from Hong Kong to move to Australia, incentivizing both the economies to create a win-win situation. Visa application centers shut due to Covid-19 have now been opened to support the future applications and ease the process. Although the beneficial nature of the scheme for Hong Kong passport holders is crystal clear, the blurred lines about various issues such as the Skilling Australian Fund for existing or new nominees under a Subclass 482 visa, 457 visa, or 485 visa still remain in the dark. If you are someone looking for assistance, our team of Registered Migration Agents at Migration Centre of Australia is trained to assist our onshore and offshore clients. You can contact us at info@migrationcentreofaustralia.com.au or call us at (02) 4626 100 to speak to one of our Registered Migration Agents who can assist you with your case.
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  • September 14, 2020

Temporary Visa Holders Eligible to Travel to Australia During COVID-19

Australian Government has announced the Priority Migration Skilled Occupation List (PMSOL) to fill critical skills needs in support of businesses during COVID-19. The PMSOL gives priority to certain occupations for Employer Nomination Scheme (ENS) visa (Subclass 186) and other work visa applications, including Temporary Skill Shortage (TSS) visa (Subclass 482), Skilled Employer Sponsored Regional (Provisional) visa (Subclass 494) and Regional Sponsored Migration Scheme (RSMS) visa (Subclass 187). The list is temporary and priority occupations may change as based on support that Australian business need to fill critical skills, as Australia economy recovers from recovers from the effects of the pandemic. The list identifies 17 occupations required to fill critical skills in Australia and allows temporary visa holders, who are otherwise ineligible to travel to Australia amid Covid-19 restrictions, to travel if their occupation is on the list. This is a relief for certain temporary visa holders who are stranded outside the country and are waiting for an opportunity to come back. However, the temporary visa holders, like Australian citizens and permanent residents, are subject to obtaining a travel exemption from the Commissioner of Australian Border Force (ABF) prior to their travel to Australia. The 17 priority occupations are as follows: Chief Executive or Managing Director (ANZSCO – 111111) Construction Project Manager (ANZSCO – 133111) Developer Programmer (ANZSCO – 261312) General Practitioner (ANZSCO – 253111) Maintenance Planner (ANZSCO – 312911) Mechanical Engineer (ANZSCO – 233512) Medical Practitioner nec (ANZSCO – 253999) Midwife (ANZSCO – 254111) Psychiatrist (ANZSCO – 253411) Registered Nurse (Aged Care) (ANZSCO – 254412) Registered Nurse (Critical Care and Emergency) (ANZSCO – 254415) Registered Nurse (Medical) (ANZSCO – 254418) Registered Nurse (Mental Health) (ANZSCO – 254422) Registered Nurse (Perioperative) (254423) Registered Nurses nec (ANZSCO – 254499) Resident Medical Officer (ANZSCO – 253112) Software Engineer (ANZSCO – 261313) In this regard, the Hon Alan Tudge MP, Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, said, “Our priority is getting Australians back into work but we also need key health workers to help fight the virus and skilled migrants who are going to be job multipliers, to help the economy recover…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.” If you have any questions or are seeking travel exemption for your travel, Contact Us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents in Sydney who can help you.
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  • August 27, 2020

Waivers for International Students in Australia

As Australia moves towards recovery, Australia remains a high quality and welcoming destination for international students. Recently, the Government has announced a range of visa measures to support students. Some of these measures have included legislative changes and need to be checked regularly. However, today we will summarize the current updates relevant to you: Student visa fee Currently, the Department of Home Affairs (DOHA) will waive the visa application fee to allow you to lodge a further student visa application to complete your study. This will be available to students who held a student visa on or after 1 February 2020 and who couldn’t complete their course within their original visa validity due to the impacts of COVID-19. This includes students who: deferred their study as they were unable to enter Australia due to travel restrictions were forced to reduce to a part-time study load were unable to complete their work-based training and/or placements. Please note, that this measure is not intended for students who are applying for a new student visa due to ordinary reasons (including if you have failed a course or a unit of study, deferred for personal reasons or voluntarily reduced your study load.) To be eligible to have your application for a fee waiver considered, you must apply for a Student visa and attach a completed Form 1545 COVID-19 Impacted Student (PDF – 228 KB) from your education provider with a valid Student visa application. The good part is, you can apply for this online and you can be onshore or offshore when you make the application. This waiver only applies to the visa application fee. Another important factor to note is that this only works for new applications for the fee to be waived. Temporary Graduate (Subclass 485) visa eligibility The DOHA has also changed the requirements for a Temporary Graduate (subclass 485) visa for those who have been impacted by COVID-19. These changes include: Currently, online study undertaken outside Australia as a result of COVID-19 travel restrictions will count towards the Australian Study Requirement for existing and new student visa holders A future change that will be implemented is that graduates affected by COVID-19 travel restrictions will be able to apply for and be granted a Temporary Graduate visa outside Australia (where they have met all the requirements). Current Student visa conditions The DOHA has since taken a flexible approach where COVID‑19 restrictions have prevented student visa conditions being met. Now all student visa holders will not be deemed to be in breach of their student visa conditions if you: have an approved course deferral are studying online. Moreover, you are also temporarily allowed to work more than 40 hours per fortnight if you are: employed in the health sector, enrolled in a health related course (such as nursing or medicine) and are directed by a health official to assist in the effort against COVID‑19 employed in aged care by an Approved Provider or Commonwealth-funded aged care service provider employed by a registered National Disability Insurance Scheme provider. Our Registered Migration Agents at Migration Centre of Australia have been in the migration industry for many years and have helped thousands of clients onshore and offshore. We are trained professionals in Australian Migration Law and we are trusted providers in the industry for our services. If you want to apply for a student visa, or you are a current visa holder and you wish to have the student visa fee waived, or if you simply want to know more about the current student visa conditions in place during this pandemic, contact us today on (02) 4626 1002 or send us an email at info@migrationcentreofaustralia.com.au and one of my registered migration agents will be ready to help you.
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  • August 20, 2020

Travel Exemption for Critical Sectors

Currently, Australia is maintaining its strict border measures to protect the health of the Australian community. There are limited to none flights currently available to and from Australia, however the Australian Government has since recognised allowing a travel exemption for those who work in critical sectors and who possess critical skills. The Commissioner of the Australian Border Force may grant an individual exemption if you are a non-citizen: traveling at the invitation of the Australian Government or a state or territory government authority for the purpose of assisting in the COVID-19 response providing critical or specialist medical services, including air ambulance, medical evacuations and delivering critical medical supplies with critical skills required to maintain the supply of essential goods and services (such as in medical technology, critical infrastructure, telecommunications, engineering and mining, supply chain logistics, agricultural technology, food production, and the maritime industry) delivering services in sectors critical to Australia’s economic recovery (such as financial technology, large scale manufacturing, film and television production and emerging technology), where no Australian worker is available whose entry would otherwise be in Australia’s national interest, supported by the Australian Government or a state or territory government authority. An individual can submit a request for a travel exemption under this category or a business can submit a request on their behalf. The applications of multiple travelers within the same group/business can be linked, so that the requests are considered together. If you want to apply for this exemption, it should be done in at least two weeks, but not more than three months, before planned travel. All urgent business travel will be considered inside this time frame. The request must include: traveler details: name, DOB, visa type and number, passport number, proposed residential address and phone number in Australia reasons for travel: why your request should be considered for Commissioner discretion/exemption supporting statement: setting out how you meet one of the critical skills/critical sector grounds for exemption accompanying evidence: the request should be accompanied by supporting evidence, such as a letter from a business involved in the provision of critical goods and services, Australian Government or state and territory government authority advising why your travel is critical at this time And, most importantly all Individuals must hold a valid visa and an exemption from the Commissioner before they travel. All travellers arriving in Australia, including Australian citizens, are subject to mandatory quarantine for 14 days at a designated facility, such as a hotel, in their port of arrival.​ Our Registered Migration Agents at Migration Centre of Australia have been in the migration industry for many years and have helped thousands of clients onshore and offshore. We are trained professionals in Australian Migration Law and we are trusted providers in the industry for our services. If you want to apply for a travel exemption for yourself or your business, or you want to know more about the current travel exemption for critical sectors, contact us today on (02) 4626 1002 or send us an email at info@migrationcentreofaustralia.com.au and one of my registered migration agents will be ready to help you.
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  • August 13, 2020

Does your Baby Born Overseas Need a Visa?

Calling all parents! If your baby was not born in Australia, you are not an Australian Citizen or Permanent Resident, but you are a temporary visa holder, then you may be eligible to apply for a ‘subsequent entrant’ on your existing visa for your baby. You may be eligible if one of the parents hold one of these visas: Business Innovation and Investment (provisional) (subclass 188) visa Skilled Regional (provisional) (subclass 489) visa Student (subclass 500) visa Temporary Work (International Relations) (subclass 403) visa Training (subclass 407) visa Temporary Activity (subclass 408) visa Temporary Work (Skilled) (subclass 457) visa Temporary Skill Shortage (subclass 482) visa If you hold a temporary visa other than one of the above (i.e. a visitor visa), and you also do not have an unfinalised visa application before the Department, unfortunately you will need to apply for a new visa for your baby.  And, if you currently have an unfinalised visa application before the Department, then your baby will automatically be added to that application, after you have notified us of your baby’s birth. Adding your Baby to your Current Visa You can sign in to ImmiAccount and apply for a subsequent entrant on your existing visa. Or, if you want to add your baby to a pending visa application that is not yet finalised, sign in to ImmiAccount and upload these documents: Form 1022 – Notification of changes in circumstances a colour scan of your baby’s birth certificate a colour scan of your baby’s passport pages (showing photo, personal details, and passport issue and expiry dates) If the baby doesn’t have a passport yet, you can provide the Department with copies of your baby’s passport pages later. However, you must send them as soon as you can. Alternatively, if your visa application in ImmiAccount is finalised or you did not apply for your visa via ImmiAccount, post these documents to your nearest Department of Home Affairs office. Form 1022 – Notification of changes in circumstances a certified copy of your baby’s birth certificate a certified copy of your baby’s passport pages (showing photo, personal details, and passport issue and expiry dates) Please note that adding a child as a subsequent entrant on your current visa requires the payment of a visa application charge. However, it is free to include your baby in an unfinalised visa application. When you have provided all the relevant documentation to the Department to support your application, your baby will be included in any unfinalised visa applications you have lodged, and the baby will be assessed along with yourself and any other dependents for a decision on your visa. Your baby must, however, meet all requirements for visa grant. For example, this includes: being included in a sponsorship (where applicable) meeting the health requirement having a valid passport for travel (where applicable). If your baby is applying separately as a subsequent entrant for one of the listed visas, they will have to be assessed separately. And, if you do not tell us about your baby: you cannot access Visa Entitlement Verification Online (VEVO) for your baby you and your baby might be delayed at the airport if your baby attempts to travel Scenario: What if my visa application has already been refused by the time I notify the department of my baby’s birth? In such cases, you must still notify the Department of your baby’s birth as soon as possible, even if your baby does not have a passport yet. Unfortunately, your baby’s visa application will most likely be refused as well. This will, however, allow your baby to also seek merits review where applicable. If your baby has not had a refusal in their own right, the merits review tribunal will most likely have no jurisdiction to consider their application for merits review until the Department has actually refused your baby first. Our Registered Migration Agents at Migration Centre of Australia have been in the migration industry for many years and have helped thousands of clients onshore and offshore. We are trained professionals in Australian Migration Law and we are trusted providers in the industry for our services. If you have recently had a baby, or you have had your application refused before you had a baby, contact us today on (02) 4626 1002 or send us an email at info@migrationcentreofaustralia.com.au and one of my registered migration agents will be ready to help you.
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  • August 10, 2020

Access to Language Services for Australian Visa Holders

All persons living or working in Australia have the right to communicate and engage with the Australian Government and other essential services, irrespective of their first language preference, their English language ability or their cultural and linguistic backgrounds. However, some members of Australia’s culturally and linguistically diverse communities may experience a language barrier when accessing government and other essential services. According to the Australian Bureau of Statistics 2016 Census, more than 660, 000 people born overseas self-reported as having limited English proficiency. Language services are designed to help ensure that people with limited or no English language proficiency can access the services and programs they need. Language services can include: engaging a credentialed interpreter either in person, via telephone or video conference translation of government documents from English into community languages translation of personal documents from a language other than English assistance from a bilingual staff member (who has received appropriate training) information on web sites translated into community languages multilingual telephone information multimedia resources and other digital media in languages other than English. The appropriate language service depends on the situation. Many Australian Government departments and agencies have language services policies and procedures to guide staff in determining when and what type of assistance to provide. Free Interpreting Service Did you know that the Free Interpreting Service aims to provide equitable access to key services for people with limited or no English language proficiency.  Using credentialed interpreters can facilitate better access to essential services for these clients and is particularly important for conversations in technical, legal or health contexts. Translating and Interpreting Service (TIS) National The Translating and Interpreting Service (TIS National) is also a language service provider managed by the Department of Home Affairs.  TIS National provides interpreters for people with limited or no English language proficiency and for agencies and businesses that need to communicate with them.  TIS National provides immediate telephone interpreting 24 hours a day, and an on-site interpreting service.  The Department of Social Services engages TIS National to deliver the Free Interpreting Service. Free Translating Service The Free Translating Service is provided for people settling permanently in Australia, to support participation in employment, education and community engagement. Permanent residents and select temporary or provisional visa holders are able to have up to ten eligible documents translated, into English, within the first two years of their eligible visa grant date. Applications for the Free Translating Service are made on the Free Translating Service website. The website is easy to use and is available in English, Arabic, Farsi and Simplified Chinese. Our Registered Migration Agents at Migration Centre of Australia have been in the migration industry for many years and have helped thousands of clients onshore and offshore. We are trained professionals in Australian Migration Law and we are trusted providers in the industry for our services. If you want to know more about accessing free language services in Australia, whether it is through an interpreter or translation service, or even organizing an English language class, contact us today on (02) 4626 1002 or send us an email at info@migrationcentreofaustralia.com.au and one of my registered migration agents will be ready to help you.
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