Migration Centre of Australia

News

  • June 30, 2020

Current inquiry into the Working Holiday Maker program

The Joint Standing Committee on Migration of the Commonwealth is conducting a new inquiry into the Working Holiday Maker program (Working Holiday Subclass 417 & Work and Holiday Subclass 462) and is accepting submissions by 24 July 2020. The Hon Alan Tudge MP, the Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, has asked Joint Standing Committee on Migration on 19 June 2020 to report on the Working Holiday Maker program. Accordingly, the Committee has released the Terms of Reference to invite comments from the individuals and organisations in form of submissions. The Terms of Reference include purpose and value of the program, impact of COVID-19 pandemic, impact on regional economies, and other related matters. See the detailed Terms of Reference here.
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  • June 30, 2020

No New Nominations for Subclass 190 and 491 skilled visa programs in South Australia

In South Australia, skilled visa nomination program for both the Skilled Nominated (Permanent) Visa (Subclass 190) and the Skilled Work Regional (Provisional) Visa (Subclass 491) is closing for the program year 2019-2020 and accordingly, no new applications are being accepted from 28 June 2020 at 9pm ACST. South Australia will continue to process and assess the applications for skilled migration received prior to 28 June 2020. Any draft or incomplete application which is not submitted, including applications pending payment, will be deleted and the applicants will have to start afresh. The applicants who wish to apply, must wait till the applications are open for 2020-2021 program year.
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  • June 30, 2020

Home Affairs Legislation Amendment (Credit Card and PayPal Surcharge) Regulations 2020

The Government vide the Home Affairs Legislation Amendment (Credit Card and PayPal Surcharge) Regulations 2020 [“the Regulations”] dated 11 June 2020 commencing 01 July 2020 increases the surcharge for payments by credit cards and PayPal for certain fees and charges collected under the Australian Citizenship Act 2007 (Cth), the Customs Act 1901 (Cth), and the Migration Act 1958 (Cth). Accordingly, payments by credit cards and PayPal for fees and charges, including visa application charges (VAC), sponsorship and nomination fees, and citizenship-related fees will be charged at 1.4% for payments by credit cards, an increase from previous 1.32%, and 1.01% for payment by PayPal, a slight increase from previous 1%). The full text of the Regulations can be accessed here.
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  • June 30, 2020

The Migration Agents Registration Application Charge Amendment (Rates of Charge) Act 2020

The Migration Agents Registration Application Charge Amendment (Rates of Charge) Bill 2019 received the Royal Assent on 22 June 2020 and is now the Migration Agents Registration Application Charge Amendment (Rates of Charge) Act 2020 [“the Registration Act”]. The Registration Act amends the Migration Agents Registration Application Charge Act 1997 (Cth) for payment of adjusted charge for providing non-commercial immigration assistance. Schedule 1 of the Registration Act requires a Registered Migration Agent who has paid the non-commercial registration fee to pay commercial registration fee from the time they provide commercial immigration advice after six months from the day it receives the Royal Assent (22 June 2020) or earlier if a date is fixed by a Proclamation. The full text of the Registration Act can be accessed here.
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  • June 30, 2020

The Migration Amendment (Regulation of Migration Agents) Act 2020

The Migration Amendment (Regulation of Migration Agents) Bill 2019 received the Royal Assent on 22 June 2020 and is now the Migration Amendment (Regulation of Migration Agents) Act 2020 [“the Regulation Act”]. The Regulation Act amends the Migration Act 1958 (Cth) and contains provisions regarding the Australian legal practitioners providing immigration assistance in Schedule 1, including transitional arrangements, registration periods in Schedule 2,redundant provisions in Schedule 3, requirement for applicants to provide further information in Schedule 4, fees and charges in Schedule 5, and other amendment in Schedule 6. The Regulation Act makes it unlawful for the Australian legal practitioners with Unrestricted Practising Certificates to be registered as Registered Migration Agents with OMARA after nine months from the day it receives the Royal Assent (22 June 2020) or earlier if a date is fixed by a Proclamation. The full text of the Regulation Act can be accessed here.
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  • June 29, 2020

Am I Eligible for Citizenship if my Adoptive Parent is an Australian Permanent Resident? What do I Need to do to Obtain Citizenship?

Section 13 and Section 19C of the Citizenship Act 2007 stipulate the criteria that has to be fulfilled for an adopted child to be granted citizenship through adoption. The process differs depending on which criteria is applicable to you. On one hand you can be granted citizenship before arriving to Australia; and on the other hand, you can be granted citizenship only after coming to Australia as a permanent resident. However, one thing remains the same: At least one parent needs to be an Australian Citizen at the time of adoption. So What Happens When my Adoptive Parent (or parents) is a Permanent Resident When They Adopt Me? You are not eligible for citizenship under the provisions mentioned above. This is the case even if your parent becomes an Australian Citizen after the adoption. Therefore, you need to apply for citizenship by conferral, as opposed to applying by adoption. This process can take up to 28 months as per Departmental processing times. Section 21 and section 22 of the Act talk about applying for citizenship by conferral. You will have to meet the threshold criteria including the residency requirement, which currently means you will need to have lived in Australia lawfully for at least four years, 12 of which as a permanent resident. You will need to remain a permanent resident at the time of decision and sit a test, which examines your knowledge of Australia and its values. If your current visa is expiring, whether you are in Australia or overseas, and you have not applied for a new visa, contact Migration Centre of Australia today for professional migration advice to help you with your visa application or simply to plan a visa pathway. Our migration agents have been in the migration industry for many years and are known for our expertise. Call us today 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.
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  • June 22, 2020

Changes to the Skilled Migration Occupation Lists

The Department of Employment, Skills, Small and Family Business (the Department) is responsible for periodically reviewing and suggesting changes to the skilled migration occupation lists to meet genuine skill shortages across Australia. Accordingly, the Department holds consultation with various stakeholders including industry, employers, unions and other individuals to gather insights for the occupations required to meet the labor market needs in the country. Most recently, the Department initiated the review of the skilled migration occupation lists in 04 September 2019 and commenced consultation with various stakeholders. Based on the responses received, the Department published a Traffic Light Bulletin on 13 December 2019 outlining the proposed changes to flagged 38 occupations for a change in status on one of the lists. As per the review timeline of the Department, an update to the skilled migration occupation lists was expected to be announced in March 2020. However, “due to the impacts of the COVID-19 pandemic, the announcement on updates to the skilled migration occupation lists has been delayed.” According to the Bulletin, 11 occupations were flagged for removal from the Short Term Skilled Occupation List (STSOL), 17 occupations were flagged for movement between lists, 4 occupations were flagged for addition to the STSOL, and 6 occupations were recommended for a salary caveat. Currently, these are only proposals, pending formal amendments, and thus, have no implications on the current migration pathway. The occupations that have been proposed to be added the STSOL are: Corporate Treasurer (ANZSCO 221212), Aged or Disabled Carer (ANZSCO 423111), Nursing Support Worker (ANZSCO 423312), and Personal Care Assistant (ANZSCO 423313). Further, it is more important to note that 11 occupations that are flagged for removal from the STSOL include Careers Counselor, Vehicle Trimmer, Business Machine Mechanic, Animal Attendants and Trainers, Gardener, Hairdresser, Wood Machinist, Massage Therapist, Community Worker, Diving Instructor, and Gymnastics Coach or Instructor. Once formally accepted, these occupations would not be available for skilled migration to Australia. If you are looking to migrate to Australia, Get In Touch with us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents in Sydney to discuss your visa options and a complete pathway for your residency.
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Who is a Lawful Non-Citizen in Australia? Are you unlawful after your visa expires?

Section 13 and 14 of the Migration Act 1958 (Cth) defines Lawful Non-Citizens as a non-citizen in the migration zone who holds a visa that is in effect and Unlawful Non-Citizens as a non-citizen in the migration zone who is not a lawful non-citizen. You may wonder what is considered to be visa is in effect since that determines your status as a lawful resident in Australia. Your visa has effect as soon as it is granted and remains in effect during the visa period, usually mentioned in the visa grant. In order to stay in Australia, you must have a valid visa otherwise it becomes unlawful to stay. You must be proactive and vigilant about when your visa is going to get expired so you can take timely action to remain lawful. You can check your visa expiry date and other visa conditions on the Department’s website or your visa grant letter. Before your visa expires, you may leave Australia any time. However, if your visa has expired and you have not applied for any other substantial visa or a Bridging visa, you may be considered unlawful for the time being which may affect your ability to be granted a visa in future. Thus, it is important to take professional advice and consider making right arrangements before you leave. Further, on the other hand, if you continue staying in Australia without a valid visa, you may face some serious consequences including detention and removal from Australia. At best, it is advisable to apply for a Bridging Visa E (BVE) which lets you remain in Australia lawfully for a short period while you make arrangements to leave. If you do not intent to leave Australia, you may consider applying for a new substantial visa. The type of visa you may be eligible to apply for may depend on your unique circumstances. Fill our free online assessment form today to check your eligibility for various types of visa and one of our registered migration agents will get back to you shortly.
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Overseas Migration May See a Record Drop of 85%

Just recently, Australian Prime Minister Scott Morrison estimated a 30% drop according to the 2018-2019 figures in the current financial year. However, as a result of the current pandemic, the Prime Minister forecasts this to drop even further to 85% which is expected for the 2020-2021 financial year. These percentages and figures are crucial for the Australian economy and these significant drops could lead to the impact of the coronavirus and its potential to continue into 2021. “That is a significant change,” Mr Morrison said. However, he goes on to say, “It is not expected to be a long term change in terms of net overseas migration.” These numbers are overly important to the economic growth and development of Australia in the future. Currently, the Prime Minister and his ministry are discussing these pressing issues, but it is also vitally important to recognize the work and contribution of our migrant and overseas visa holders who live and work in Australia, contributing to our Australian economy. Did you know that in 2019, Australia’s population grew by 239,600 just from net overseas migration, according to Australian Bureau of Statistics (ABS) data? This net overseas migration number measures how many people enter Australia and how many stay for more than 12 months compared to how many people leave the country for the same period. Moreover, Australia’s international education market brings approximately $39 billion per year into the economy, making it our fourth-largest industry. Associate Professor Boucher said migration was a key economic driver for a number of reasons. “Those migrants work, they pay tax, most of them are not a drain on the welfare or health system. They are net contributors, not net takers, unlike Australians,” she said “Because temporary migration comprises the vast bulk of migration into Australia … closing all that migration off is going to have a massive effect.” What does Migration Centre of Australia think? Right now, Australia already has a vast wealth of former international students who have Expression of Interest’s (EOI) already on the system. There are also more than 100,000 temporary visa holders who work, live and contribute to the Australian economy. We hope the Government will do more to help our valuable temporary visa holders and migrants during this crisis. 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 wish to apply for any type of visa during this time, or you want to know more about your visa options, or you simply require professional migration advice regarding your visa status, don’t let this pandemic delay you any longer. Contact us today on (02) 4626 1002. Alternatively, you can send us an email at info@migrationcentreofaustralia.com.au and we will be ready to assist you.
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Condition 8504 on Skilled Migration Visas – Special Arrangements by South Australia

General Skilled Migration Visas such as Skilled Independent Subclass 189 visa, Skilled Nominated Subclass 190 visa and Skilled Work Regional Subclass 491 visa come with Condition 8504 according to which offshore visa holder must “enter Australia as the holder of the visa to which the condition applies before a date specified” for the visa to be active. The (First) Entry Date 8504 Condition The first entry date condition aims to ensure that new migrants must enter Australia within a reasonable period once the visa is granted to them. Generally, the first entry date specified is either 12 months from the date of visa grant or until the visa expiry date where the visa is granted for less than 12 months. If you are unable to travel before the specified date, you are in breach of visa condition which may result in cancellation of your visa by the Department. Other visas that come with Condition 8504 attached to them are Family Visas, Employer Sponsored Visas and Special Migration Visas such as Former Resident and Distinguished Talent Visas. Thus, if you are unable to travel to Australia before the specified date, your visa may be cancelled. Special Arrangements made by South Australia The Government of South Australia has relaxed Condition 8504 for offshore skilled migration visa holders who are unable to travel to Australia due to border closure and other travel restrictions in response to Covid-19 (Coronavirus). As such, these visa holders may not get their visas cancelled for breach of condition 8504 where the breach was related to the Covid-19 Pandemic. Further, South Australia has also given consideration to visa holders of Business Visas and Distinguished Talent Visas who are unable to travel to Australia and meet requirement of Condition 8504 due to travel restrictions for the time being. If you are stuck in a similar situation or need help in visa extension, Contact Us today or call us on (02) 4626 100 to speak to one of our Registered Migration Agents who can help you
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