Migration Centre of Australia

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Reuniting Families in Australia: How We Navigate Visitor Visas for Special Moments

Bringing Loved Ones Together for Life’s Precious Events As the Director of the Migration Centre of Australia (MCA) and a Registered Migration Agent, I have the privilege of facilitating countless reunions on Australian soil. Today, I’m thrilled to share a heartwarming story that not only highlights our expertise in skilled and family visas but also underscores the profound impact of successful immigration on family life. The Challenge: Bringing Family to Australia for a Birth In early 2022, we assisted a visa applicant with their Subclass 820 partner visa. Amidst their journey to permanent residency, our client shared joyous news – they were expecting a child! They wished to have their family from India present for this monumental occasion. The complexity? The family members included the applicant’s uncle and the Australian sponsor’s mother, father, and sister – each with unique circumstances under immigration law. Our Strategy: Tailored Solutions for Each Family Member Recognizing the emotional significance of this event, we meticulously prepared individual applications for each family member. The sponsor’s parents were eligible for up to a 3-year visa as parents of an Australian citizen. However, the real challenge lay in securing the same duration for the visa applicant’s uncle and the sponsor’s 24-year-old sister, a full-time student and unemployed, without the need for a health examination. Efficient Processing Times & Successful Grants The processing times for these applications were notably efficient: 20 days for the mother, 20 days for the father, just one day for the sister, and four days for the uncle. Each family member was granted a long-term, multiple-entry Visitor (subclass 600) visa, valid for three years. A Testament to Our Expertise Our submissions focused on the significance of family support during the birth of a child and the strong ties each family member had to their home country, ensuring their return. Our arguments were compelling and personalized, reflecting a deep understanding of the intricacies of immigration policy. Why This Matters This case exemplifies our commitment to reuniting families and our expertise in handling complex visa scenarios. Our approach is always holistic, empathetic, and meticulously tailored to each client’s unique circumstances. At MCA, we don’t just process applications; we bring families together for life’s most precious moments. Whether you’re navigating skilled migration, seeking family reunion, or facing unique immigration challenges, our team is here to guide you every step of the way. Connect with Us For more insights and assistance in your immigration journey to Australia, follow us here and visit our website (www.migrationcentreofaustralia.com.au). Let’s make your Australian dream a reality, together.
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The Importance of Relationship Status in Visa Applications: A Crucial Factor to Consider

Greetings to all our readers from the Migration Centre of Australia! Navigating the intricacies of visa applications can sometimes be a maze, especially when personal circumstances change after lodging an application. A common and often overlooked area of concern is the change in relationship status. Relationship Status: More than just a personal detail When applying for a visa, many applicants might not realize the significance of their relationship status. It is not just a mere personal detail but a vital component that can influence the points one claims, particularly in visas like the General Skilled Migration (GSM) visa, which includes the Skilled Independent Visa (subclass 189), Skilled Nominated Visa (subclass 190), and the Skilled Work Regional (Provisional) Visa (subclass 491). What happens if your relationship status changes after visa lodgement? If, after lodging your visa application under the GSM category, you enter into a de facto relationship or get married and you’ve claimed points for being single, this could result in a drastic turn of events. The Department of Home Affairs considers such changes seriously. Why? Because claiming points for being single when that no longer holds true at the time of decision (for claim on points for being single) is seen as providing incorrect information. This could potentially result in the refusal of your visa application. Implications of not updating your status It’s essential to be transparent and notify the Department if there’s any change in your circumstances, including relationship status. Failure to do so can: Lead to the refusal of your visa application. Impact future visa applications due to a history of providing incorrect information. Stay Informed, Stay Ahead As visa application specialists, we at Migration Centre of Australia always emphasize the importance of staying updated and informed. Remember, while personal circumstances can change, it’s crucial to ensure that the details in your visa application reflect your current situation accurately. In doubt? Always seek professional advice. We’re here to guide and assist you in making the best decisions for your migration journey. Note: The information provided in this blog is based on general guidelines. Individual circumstances can vary, and it’s always recommended to consult with a migration expert for specific cases.
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Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023

Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023, dated 9 February 2023 amend the Migration Regulations 1994 to amend criteria for making a valid application for the Subclass 851 Resolution of Status visa (RoS) by certain persons who hold or have held a Subclass 785 (Temporary Protection) visa TPV or a 790 (Safe Haven Enterprise) visa SHEV, as well as certain children born in Australia to those persons. The instrument facilitates the transition to permanent residence of persons who arrived in Australia before the commencement date (TPV/SHEV transition day) and who applied for or obtained temporary protection in Australia through a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa. The instrument makes the following amendments: Item 1 This item inserts the definition of TPV/SHEV transition day in regulation 1.03 of the Migration Regulations as the day that Schedule 1 to the Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023 commences (14 February 2023). Item 2 It inserts regulation 2.08G which convert certain applications for Subclass 785 visas (TPV) and Subclass 790 visas (SHEV) into applications for a permanent visa, Subclass 851 (Resolution of Status) visa. The cohort of people for whom the visas are converted and the time when the visas are converted are mentioned in the table within the instrument: Table item 1 It includes the applications by applicants who hold a TPV or a SHEV on the TPV/SHEV transition day (14 February 2023) and who have made a further application for a TPV or SHEV which is pending before Minister on the TPV/SHEV transition day. Table item 2 It includes the applications by applicants who hold a TPV or a SHEV on the TPV/SHEV transition day (14 February 2023) and who have made a further application for a TPV or SHEV which had been refused by the Minister before the TPV/SHEV transition day. In this case, the application is only converted to a RoS application if the applicant is successful in a challenge to the refusal decision at merits review or judicial review and the application is remitted to the Minister after the order of the tribunal or court on or after the TPV/SHEV transition day. Table item 3 It deals with the applicant who does not hold or have held TPV or SHEV which means they are first time applicants for the TPV or SHEV, in cases where the Minister has not made a decision on the application before the TPV/SHEV transition day (14 February 2023). The applications will be converted to RoS applications if the Minister makes a record that the applicant satisfies the criteria for the grant of the Subclass 785 (Temporary Protection) visa; or Subclass 790 (Safe Haven Enterprise) visa. Table item 4 It covers the applications by applicants who are first time applicants for the TPV or SHEV, in cases where the Minister decided to refuse to grant the visa before the TPV/SHEV transition day. In this case, the application is only converted to a RoS application if the applicant is successful in a challenge to the refusal decision at merits review or judicial review and the application is remitted to the Minister after the order of the tribunal or court on or after the TPV/SHEV transition day and the Minister makes a record that the applicant satisfies the criteria for the grant of the Subclass 785 (Temporary Protection) visa; or Subclass 790 (Safe Haven Enterprise) visa. Item 3 This item amends the application validity requirement for the RoS visa as set out in item 1127AA of Schedule 1 to the Migration Regulations, imposed pursuant to section 46 (authorising criteria and requirements to make a valid application for a visa) of the Migration Act. The following applicants can make an application for the RoS visa: Table item 4 It covers the applicants who hold a TPV or a SHEV and first entered Australia before the TPV/SHEV transition day (14 February 2023) and the applicant has not made another valid application for a TPV or a SHEV that has not been finally determined. Table Item 5 It deals with applicants who did not hold a TPV or SHEV on the TPV/SHEV transition day (14 February 2023) and at any time before the TPV/SHEV transition day, the applicant held a TPV or SHEV and the TPV or SHEV most recently held by the applicant was not cancelled and no subsequent application for a TPV or SHEV has been refused and finally determined. Table Item 6 It covers applicants who are children born in Australia to persons covered by table items 4 and 5 provided that at the time of application for a RoS visa, the applicant has not made a valid application for a TPV or a SHEV that has not been finally determined. Table Item 7 It deals with applicants who are children born in Australia to persons who hold RoS visas granted on the basis of an application taken to have been made under new regulation 2.08G, provided that at the time of application for a RoS visa, the applicant has not made a valid application for a TPV or a SHEV that has not been finally determined. The VAC for all these applicants is nil. Items 5 and 7 Items 5 & 7 inserts new paragraphs 1403(3)(ba) and 1404(3)(ba) in Schedule 1 to the Migration Regulations which specifies that a valid application for a TPV or SHEV can only be made by a person who first entered Australia on or after the TPV/SHEV transition day, or who entered before that day and, as at the TPV/SHEV transition day, had not made a TPV or SHEV application, or had made an application that had been finally determined and was not subject to any ongoing judicial review. This amendment is consistent with the policy of transitioning all eligible persons to permanent residence via the RoS visa if they arrived before the TPV/SHEV transition day. Item 9 & 11 Item 9
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Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023

Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023, dated 9 February 2023 amend the Migration Regulations 1994 to amend criteria for making a valid application for the Subclass 851 Resolution of Status visa (RoS) by certain persons who hold or have held a Subclass 785 (Temporary Protection) visa TPV or a 790 (Safe Haven Enterprise) visa SHEV, as well as certain children born in Australia to those persons. The instrument facilitates the transition to permanent residence of persons who arrived in Australia before the commencement date (TPV/SHEV transition day) and who applied for or obtained temporary protection in Australia through a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa. The instrument makes the following amendments: Item 1 This item inserts the definition of TPV/SHEV transition day in regulation 1.03 of the Migration Regulations as the day that Schedule 1 to the Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023 commences (14 February 2023). Item 2 It inserts regulation 2.08G which convert certain applications for Subclass 785 visas (TPV) and Subclass 790 visas (SHEV) into applications for a permanent visa, Subclass 851 (Resolution of Status) visa. The cohort of people for whom the visas are converted and the time when the visas are converted are mentioned in the table within the instrument: Table item 1 It includes the applications by applicants who hold a TPV or a SHEV on the TPV/SHEV transition day (14 February 2023) and who have made a further application for a TPV or SHEV which is pending before Minister on the TPV/SHEV transition day. Table item 2 It includes the applications by applicants who hold a TPV or a SHEV on the TPV/SHEV transition day (14 February 2023) and who have made a further application for a TPV or SHEV which had been refused by the Minister before the TPV/SHEV transition day. In this case, the application is only converted to a RoS application if the applicant is successful in a challenge to the refusal decision at merits review or judicial review and the application is remitted to the Minister after the order of the tribunal or court on or after the TPV/SHEV transition day. Table item 3 It deals with the applicant who does not hold or have held TPV or SHEV which means they are first time applicants for the TPV or SHEV, in cases where the Minister has not made a decision on the application before the TPV/SHEV transition day (14 February 2023). The applications will be converted to RoS applications if the Minister makes a record that the applicant satisfies the criteria for the grant of the Subclass 785 (Temporary Protection) visa; or Subclass 790 (Safe Haven Enterprise) visa. Table item 4 It covers the applications by applicants who are first time applicants for the TPV or SHEV, in cases where the Minister decided to refuse to grant the visa before the TPV/SHEV transition day. In this case, the application is only converted to a RoS application if the applicant is successful in a challenge to the refusal decision at merits review or judicial review and the application is remitted to the Minister after the order of the tribunal or court on or after the TPV/SHEV transition day and the Minister makes a record that the applicant satisfies the criteria for the grant of the Subclass 785 (Temporary Protection) visa; or Subclass 790 (Safe Haven Enterprise) visa. Item 3 This item amends the application validity requirement for the RoS visa as set out in item 1127AA of Schedule 1 to the Migration Regulations, imposed pursuant to section 46 (authorising criteria and requirements to make a valid application for a visa) of the Migration Act. The following applicants can make an application for the RoS visa: Table item 4 It covers the applicants who hold a TPV or a SHEV and first entered Australia before the TPV/SHEV transition day (14 February 2023) and the applicant has not made another valid application for a TPV or a SHEV that has not been finally determined. Table Item 5 It deals with applicants who did not hold a TPV or SHEV on the TPV/SHEV transition day (14 February 2023) and at any time before the TPV/SHEV transition day, the applicant held a TPV or SHEV and the TPV or SHEV most recently held by the applicant was not cancelled and no subsequent application for a TPV or SHEV has been refused and finally determined. Table Item 6 It covers applicants who are children born in Australia to persons covered by table items 4 and 5 provided that at the time of application for a RoS visa, the applicant has not made a valid application for a TPV or a SHEV that has not been finally determined. Table Item 7 It deals with applicants who are children born in Australia to persons who hold RoS visas granted on the basis of an application taken to have been made under new regulation 2.08G, provided that at the time of application for a RoS visa, the applicant has not made a valid application for a TPV or a SHEV that has not been finally determined. The VAC for all these applicants is nil. Items 5 and 7 Items 5 & 7 inserts new paragraphs 1403(3)(ba) and 1404(3)(ba) in Schedule 1 to the Migration Regulations which specifies that a valid application for a TPV or SHEV can only be made by a person who first entered Australia on or after the TPV/SHEV transition day, or who entered before that day and, as at the TPV/SHEV transition day, had not made a TPV or SHEV application, or had made an application that had been finally determined and was not subject to any ongoing judicial review. This amendment is consistent with the policy of transitioning all eligible persons to permanent residence via the RoS visa if they arrived before the TPV/SHEV transition day. Item 9 & 11 Item 9
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Migration Amendment (Aggregate Sentences) Act 2023

Migration Amendment (Aggregate Sentences) ACT 2023 amends the Migration Act 1958 to establish a consistent approach across the provisions of the Migration Act, as well as the Migration Regulations 1994 (the Regulations), in relation to sentencing for offences and to clarify that a person who is sentenced to a term of imprisonment of 12 months or more does not pass the character test on the basis of having a substantial criminal record within the meaning given by subsection 501(7) of the Migration Act, whether in relation to a sentence imposed by a court in respect of a single offence or an aggregate sentence. The amendment in the Act makes it clear that the provisions of the Migration Act and Regulations are not intended to differentiate between a criminal sentence imposed in respect of single offence, or a criminal sentence imposed in respect of two or more offences. The amendments respond to the decision of the Full Court of the Federal Court of Australia (the Federal Court) in Pearson v Minister for Home Affairs [2022] FCAFC 203 (Pearson). In Pearson, the Federal Court held that an aggregate sentence (a single sentence for more than one offence) imposing a term of imprisonment does not constitute a ‘substantial criminal record’ within the meaning given by subsection 501(7) of the Migration Act. The Court concluded that an aggregate sentence is not a sentence of imprisonment for the purposes of the definition of substantial criminal record in subsection 501(7) the Act, construing that definition as requiring the sentence to have been imposed in respect of a single offence. The amendment in the Act clarifies that the provisions of the Migration Act and Regulations apply in relation to a single sentence imposed by a court in the same way, regardless of whether the sentence is in respect of a single offence or for two or more offences. It also ensures that a person does not pass the character test if they receive a sentence resulting in a term of imprisonment of 12 months or more for one or more offences (for example, supplying a prohibited drug, knowingly dealing with the proceeds of crime and knowingly participating in a criminal group) or one or more serious offences (for example, murder and causing grievous bodily harm). If the amendments were not made, and the reasoning in Pearson was followed, such offenders would not have a substantial criminal record as a consequence of an aggregate sentence for the purposes of the Migration Act. The Act also includes provisions to validate past decisions and actions under the Migration Act and certain other specified law which would otherwise been deemed invalid as a consequence of the Federal Court’s decision in Pearson. Where this results in the person no longer holding a visa, and when the non-citizen has finished serving their criminal sentence, the Government will be able to return these non-citizens to immigration detention in order to progress their removal from the country and uphold community safety. The amendment also provides for opportunities for a person to appeal or seek review of a validated decision after commencement of the Act, in certain circumstances. It is registered on the Federal Register of Legislation on 16 February 2023 and received Royal Assent on the same date. It commenced on 17 February 2023. To know more, click here.
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Global Talent Visa Program

Global Talent Visa Program To attract the brightest global talent to Australia, the Government established a Global Business and Talent Attraction Taskforce. The Taskforce set up three dedicated visa programs which provide streamlined pathways for high yield businesses and exceptional talent to migrate to Australia: Global Talent Visa program – for highly talented individuals within the specified target industry sectors Global Talent Employer Sponsored program – for highly skilled migrants into niche occupations Business Innovation and Investment program – for businessmen and entrepreneurs to conduct business and investment activity or undertake an entrepreneurial activity in Australia This blog discusses Global Talent Visa program, also known as Global Talent Independent (GTI) program, which offers permanent residency in Australia to attract global talent within target industry sectors. GTI program is accommodated under the Distinguished Talent visa to contribute to Australia’s economy by driving innovation and creating local jobs. Target Sectors AgTech Cyber Security Energy and Mining Technology FinTech MedTech Quantum Information, Advanced Digital, Data Science and ICT Space and Advanced Manufacturing Eligibility You must: prove you are internationally recognised with evidence of outstanding achievements still be prominent in chosen field of expertise provide evidence that you would be an asset to Australia have no difficulty obtaining employment in Australia or becoming established in your field have a recognised organisation or individual in Australia who nominates you as global talent, who must be in the same field as you Meet the high income threshold of AUD $153,600 Before you apply for the visa, you must submit an Expression of Interest (EOI). The Department will make an initial assessment to check if you meet the program parameters. Successful applicants will receive a unique identifier after which you should lodge your visa application. Please know that there are 2 different Distinguished Talent visa you may be eligible for, depends on your location at the time of application. If you are outside Australia at the time of application, you must lodge a Distinguished Talent Subclass 124 visa application. If you are in Australia at the time of application, you must lodge a Distinguished Talent Subclass 858 visa application. You must check other eligibility criteria for the particular visa subclass, such as health and character requirements, and English language requirements before you lodge your application. Special arrangement for Hong Kong passport holders As part of Australia’s new and extended visa options to students and skilled workers from Hong Kong, the Department is priority processing the visa applications for Global Talent visa scheme (Subclass 124 or Subclass 858) where Hong Kong passport holders attract a salary at or above the Fair Work High Income Threshold of AUD $153,600. As part of the Federal Budget announcement in October 2020, GTI program allocation was increased, thereby making 15,000 places available under the migration program 2020-2021. If you want to know more about GTI program or want to discuss other permanent residency pathways to Australia, Contact Us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents in Sydney.
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Distinguished Talent Visa

Distinguished Talent visa (Subclass 858) is a permanent visa which gives an opportunity to people, having an internationally recognised record of exceptional and outstanding achievement in an eligible field, to live in Australia. Eligibility for Distinguished Talent visa You must: Benefit the Australian community as a whole Establish yourself in Australia either by finding work in your field or becoming independently established Have International recognition with a record of achievement in a profession, sport, arts, or academia and research with exceptional and outstanding achievements in the past 2 years Be nominated by an Australian citizen, permanent resident, eligible New Zealand citizen or an Australian organisation with a national reputation in the same field Must not hold one of the following visas: Business (Short Stay) visa (Subclass 456) Electronic Travel Authority (Subclass 601) eVisitor (Subclass 651) Maritime Crew Visa (Subclass 988) Special purpose visa Superyacht Crew visa (Subclass 488) Temporary Work visa (Subclass 400) Tourist visa (Subclass 676) Visitor visa (Subclass 600) Meet functional English requirements Meet health and character requirements Not have debt to the Australian Government Not have had a visa cancellation or a previous application refusal Please know, that you must be in Australia when you apply for this visa. If you are not in Australia, you may consider applying for the Distinguished Talent visa (Subclass 124). Advantages of Distinguished Talent visa Stay in Australia permanently Study and work in Australia Enrol in Medicare Bring dependent family members to Australia Travel to and from Australia for 5 years Pathway to Australian citizen If you want to know more about this visa or need assistance in preparing your visa application, Get In Touch 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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Update on Australian Citizenship Insights

During the ongoing COVID-19 pandemic, the Australian Government has conferred citizenship to more than 60,000 people through online ceremonies, while some in-person ceremonies have also resumed since 03 June 2020. As a result, in the financial year 2019-2020, a record number of 204,817 people were conferred Australian citizenship, an increase of over 60 per cent from the previous financial year, where 127,674 people were conferred Australian citizenship. The Hon Alan Tudge MP, the Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs has recently stated that, “When someone becomes a citizen, they make a pledge to uphold Australia’s rights, liberties, laws and democratic values. It represents a willingness to integrate into our successful multicultural nation…Being an Australian citizen is an immense privilege, which brings both rights and responsibilities. I congratulate all those who have taken this important step.” The table below shows the former nationality and the number of people who were conferred Australian citizenship in 2019-20 (01 July 2019 to 30 June 2020).   NATIONALITY NO. OF PEOPLE India 38,209 United Kingdom 25,011 China (mainland China only) 14,764 Philippines 12,838 Pakistan 8,821 Vietnam 6,804 Sri Lanka 6,195 South Africa 5,438 New Zealand 5,367 Afghanistan 5,102 Other 76,268 Total ​204,817   *Source: Department of Home Affairs The Department has also resumed conducting citizenship interviews and testing in Perth and Sydney regions, and are expecting to resume these services in more locations at the earliest. If you have any questions or are seeking advice on this issue, 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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Balance of Family Test

The Balance of Family Test (BoF) is an essential part regarding parent visa in Australia. As the very name suggests, it determines a family hierarchy and parents ‘eligibility. This test examines the parents’ link to the family or stepchildren residing in Australia, and guarantees only the eligible get a parent visa. The children living in Australia needs to sponsor the parent. Every case is studied based on merit. A visa that is valid for five years grants a residence up to twelve months, on every ingress to parents who are residing outside the country. Criteria and Eligibility A parent fulfills the criteria for the balance of family test provided, as a minimum half of their children are entitled children, there are more eligible offspring than children residing in any other particular country. You will have to undergo this test, and in no circumstances, it will be relinquished. You will have to meet the test during the application if you apply for the following visas- Parent visa(subclass103) Aged Parent visa (subclass804) Contributory Parent visa(subclass143) Contributory Parent temporary visa(subclass173) Contributory Aged Parent temporary visa(subclass884) Contributory Aged Parent visa(subclass864) The term eligible children mean Australian people who reside inside or outside Australia, or eligible New Zealand populace residing in Australia. Adopted or stepchildren are included in the balance of family test. Children who is deceased, or adopted by another family by court order, lives in a refugee camp; registered under (UNHCR), or under legal prosecution in another country are excluded from the family test. The Examination The Australian parent visa is very restrictive but comes with an attractive immigration option. The permit is granted if your children are the Australian citizen, or hold permanent residency certificate or an eligible New Zealand citizen to inhabit in Australia. The numbers of visas issued by the government of Australia is meagre, and reckon to be a low priority. This test is performed to assess the intertwined and bond between the parent and children who live in Australia. The family structure is scrutinized. The children’s numeric distribution and geographic position comparison to parents are examined. Another factor is also considered in the test; how many of your offspring is residing in Australia. Parent-child relationship or cultural factors are not considered while granting the visa. Our Registered Migration Agents at Migration Centre of Australia have been in the migration industry for many years and have helped thousands of clients. 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 assist you.
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Western Australia Invitation Round

State Nominated Migration Program (SNMP) Invitation Date: 23 June 2020.   Visa Subclass General Stream Graduate Stream Higher Education Graduates Vocational Education And Training Graduates Skilled Nominated visa (Subclass 190) 19 131 14 ​Skilled Regional (Provisional) visa (Subclass 491) 12 23 18   In 2019-2020, a total of 3405 invitations have been issued as on 23 June 2020:   Visa Subclass General Stream Graduate Stream Higher Education Graduates Vocational Education And Training Graduates Skilled Nominated visa (Subclass 190) 70 1994 302 ​​Skilled Regional (Provisional) visa (Subclass 491) / Subclass 489 96 579 364 ​​Total 3405
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