Migration Centre of Australia

Registered Migration Agents Sydney

  • October 28, 2020

Know About Safe Haven Enterprise Visa in Australia During COVID-19

Safe Haven Enterprise Visa (Subclass 790) [“SHEV”] is a protection visa for persons who have arrived in Australia illegally. With this visa, you may be allowed to temporarily stay in Australia for up to 5 years. To provide assistance to temporary and provisional visa holders, who have been affected by the COVID-19 pandemic due to travel restrictions, the Migration Amendment (COVID-19 Concessions) Regulations 2020 dated 17 September 2020 [“the Instrument”] was passed to amend the Migration Regulations 1994 and accordingly, provisions regarding Subclass 790 were amended. COVID-19 concessions From 19 September 2020, COVID-19 concessions apply to eligibility requirements for prospective applicants for Subclass 790 visa. Accordingly, visa holders and former visa holders have concession from the 42-month requirement irrespective of being unemployed, receiving payments for special benefit, or working outside the specified regional area. Eligibility for SHEV Application You must: be ineligible to apply for a Permanent Protection visa (Subclass 866) meet identity requirements meet health and character requirements meet security requirements, and sign a declaration that you intend to work or study in regional Australia It may interest you to know that there are three protection visas provided by the Migration Act 1958 (Cth) and related Regulations: Permanent Protection Visa (Class XA) (Subclass 866), Temporary Protection Visa (Class XD) (Subclass 785) and the SHEV. General Eligibility for Protection Visas You must: be in Australia; and be a refugee; or engage in Australia’s protection obligations; and meet all other requirements for the visa. Further, as per Section 5H(1) of the Migration Act a refugee is defined as: “(a) in a case where the person has a nationality – is outside the country of his or her nationality and, owing to a well-founded fear of persecution, is unable or unwilling to avail himself or herself of the protection of that country; or (b) in a case where the person does not have a nationality – is outside the country of his or her former habitual residence and owing to a well-founded fear of persecution, is unable or unwilling to return to it.” Thus, in order to be called a refugee, you must have a well-founded fear of persecution and serious harm because of your race, religion, nationality, membership of a particular social group, or political opinion because of which you do not want to return to your home country. Bar for Subclass 790 Visa Application You will not be eligible to make a valid SHEV application if you: are an unauthorised maritime arrival, or have been refused immigration clearance after your arrival to Australia, or have had protection visa refused or cancelled since your last arrival to Australia, or hold nationality of 2 or more countries, or have protection in a prescribed safe third country, or hold or have held a Humanitarian Stay (Temporary) Visa (Subclass 449) since your last arrival to Australia and are not an unauthorised maritime arrival or a transitory person. However, please know that the Minister is empowered to make decisions on the application and accordingly, may lift any application bar if the Minister determines it to be in the public interest. Advantages of Subclass 790 visa Stay in Australia for upto 5 years Work and study in Australia Have access to government services such as Medicare and Centrelink If you facing any migration issues or want to know more protection visas, 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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  • 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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  • 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 17, 2020

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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  • August 3, 2020

What is ImmiCard?

An ImmiCard is an official travel document that allows certain visa holders to travel to Australia and enter the country for the first time. It is issued to eligible visa holders who do not have and cannot obtain a passport recognised by the Australian Government. In other words, it assists visa holders to provide evidence of their (COI) Commencement of Identity in Australia and permits access to government services for certain visa holders. Two Types of ImmiCards: Evidence of Immigration Status ImmiCard Australian Migration Status ImmiCard Eligibility for Evidence of Immigration Status ImmiCard You must: Be in Australia, AND Be a holder of one of the following visas – Bridging (Removal Pending) Visa (Subclass 070) Bridging (Trafficking) Visa (Subclass 060) Bridging Visa E (Subclass 050 or 051) granted to illegal maritime arrivals Humanitarian Stay (Temporary) Visa (Subclass 449) Permanent Protection Visa (Subclass 866) Safe Haven Enterprise Visa (Subclass 790) Temporary (Humanitarian Concern) Visa (Subclass 786) Temporary Protection Visa (Subclass 785), OR Be a holder of a Document for Travel to Australia or Visa Evidence and are replacing it, OR Be an undocumented immigration detainee without a visa, OR Be a permanent resident who arrived in Australia before 1990, who does not have, or cannot obtain a passport and are unable to use Visa Entitlement Verification Online system (VEVO) Eligibility for Australian Migration Status ImmiCard You must: Be outside Australia Be a holder of Refugee visa or Special Humanitarian Programme visa To apply for an ImmiCard as a holder of Permanent Protection Visa (Subclass 866), Safe Haven Enterprise Visa (Subclass 790), and Temporary Protection Visa (Subclass 785) granted in the last 3 months, submit your visa grant letter and most recent photo identification. After you complete and submit the online application, the Department usually takes 14 days to process your application. There is no fee for issuing ImmiCards to new humanitarian and protection visa holders if issued within 3 months from the grant of the visa. For other visa holders, there is a fee of AUD $100 for issuing a new or replacing the ImmiCard. The fee for replacing an ImmiCard due to loss, damage or expiry is AUD $30. For more information or any migration assistance, Get In Touch with us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents.
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  • July 27, 2020

Special Visa Arrangements for Hong Kong

Australia is offering new and extended visa options to students and skilled workers from Hong Kong, including pathways to permanent residency, amidst China’s decision to go ahead with the controversial security law in Hong Kong. In addition, Australia is also drafting plans to offer safe haven visas to Hong Kong residents living in Australia. The Safe Haven Enterprise Visa (Class XE) (Subclass 790) is a protection visa for refugees which requires you to be in Australia; be a refugee or engage in Australia’s protection obligations; and meet all other requirements for the visa. Currently, it is estimated that there are about 20,000 Hong Kong residents living in Australia who do not want to return home. Section 5H(1)(a) of the Migration Act defines a refugee as, “in a case where the person has a nationality – is outside the country of his or her nationality and, owing to a well-founded fear of persecution, is unable or unwilling to avail himself or herself of the protection of that country”. Special Visa Arrangements The special visa arrangements are aimed at attracting talent to Australia and creating more job opportunities and include: Additional five years of work rights to temporary graduate and skilled workers, with a pathway to permanent residency Five year graduate visa to students, with a pathway to permanent residency, and Five year visa for temporary skilled visas applicants if they meet the updated occupational skills lists and Labour Market Testing requirements, or qualify through the Global Talent temporary visa scheme (Subclass 124 or Subclass 858) where the candidates attract a salary at or above the Fair Work High Income Threshold of AUD $153,600. Further, for the applicants who study and work in regional areas currently, the existing arrangement will continue which already includes a pathway to permanent residency after 3 years. Furthermore, there will be enhanced efforts to attract export-oriented businesses from Hong Kong to relocate to Australia. The Hon Alan Tudge MP, Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs in a Joint statement with the Hon Scott Morrison MP, Prime Minister said that the special arrangement will benefit 10,000 existing temporary skilled, temporary graduate and student visa holders in Australia, with a further 2,500 outside Australia and 1,250 current applicants. If you want to know more about these special visa arrangements, Get In Touch with us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents to discuss your situation.
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  • July 23, 2020

Traveling on a Bridging Visa

If you are waiting for your visa application to be processed and you wish to leave Australia while you wait, you can! As you may not already know, a bridging visa is a temporary visa we might grant you in certain circumstances. Bridging visas let you stay in Australia lawfully while your immigration status is resolved. And the type of bridging visa we might grant you depends on your circumstances. While bridging visas let you remain in Australia lawfully, only a Bridging visa B (BVB) will let you leave and re-enter Australia while you wait for a decision. You might be eligible for a BVB if any of the following circumstances apply to you: you hold a BVA or BVB you are awaiting a decision on an application that is not yet finally determined or is at judicial review you have a good reason for leaving and returning to Australia while you wait for the outcome of your visa application A BVB lets you remain in Australia while we process your substantive visa application, or if you await a judicial or merits review. It will also have a defined travel period. So, you can leave Australia and re-enter on a BVB within this defined travel period. If you are in Australia when the travel period ends and you need to travel outside Australia again, you can apply for another BVB. When the Department determines the BVB travel period they will consider why you want to travel and the period of time it takes to likely make a decision on your substantive visa application If you want to apply for a BVB, you will need to: provide evidence of your reason for travel outside Australia let the Department know when you intend to travel As always, your visa grant notice will clearly define the travel period of your BVB if it is granted. Unfortunately, the Department can’t change or extend the BVB travel period after it is granted. You should consider applying for a BVB no more than 3 months and no less than 2 weeks before you want to travel. Did you know that you can hold a substantive visa and a BVB at the same time? If you still hold a substantive visa that lets you leave Australia and return, but you think it might expire before you re-enter Australia, you might still choose to apply for a BVB and wait until it is granted before you travel. As long as you return to Australia within the BVB travel period, you can stay in Australia on the BVB while you wait for our decision on your visa application. You will be notified of the specified travel period of the BVB in your visa grant notice if you are granted the visa. You can’t re-enter Australia on a BVB after the travel period ends. And, if you are outside Australia when the travel period ends, you will need to apply for and be granted another visa before you can re-enter. If you are in Australia when the travel period ends and you need to travel outside Australia again, you will need to apply for another BVB. Your BVB ends if: you are granted the substantive visa you applied for you are granted another bridging visa the Department cancels your BVB or the substantive visa you held when you were granted the BVB you are outside Australia when the travel period ends you leave Australia after the travel period ends 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 traveling and applying for a Bridging Visa B (BVB), 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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  • July 20, 2020

Meeting the Character Requirements for Visas

Most of the Australian visas have an eligibility criteria that the applicant must meet the character requirements. If you do not meet these requirements, the Department may refuse your application or subsequently cancel your visa if you do not remain of good character. Section 501(6) of the Migration Act 1958 (Cth) outlines the character requirements. Accordingly, the Department may refuse to grant your visa if you do not pass the character test, determined by the following: Having a substantial criminal record Having been convicted of escaping from immigration detention, or convicted for an offense that you committed in that regard Being or having been a member of a group or organization, or been associated with such groups that are reasonably suspects of being involved in criminal conduct Having been involved in people smuggling, people trafficking, genocide, a war crime, a crime against humanity, a crime involving torture or slavery, or a crime of serious international concern, where reasonable suspected Having criminal or general conduct showing that you are not of good character There is a risk that you would: engage in criminal conduct harass, molest, intimidate or stalk another person vilify a segment of the Australian community incite discord in the Australian community be a danger to the Australian community, While you are in Australia Having been convicted, found guilty or had a charge proven for, one or more sexually based offenses involving a child Being subject to adverse security assessment by the Australian Security Intelligence Organization Being subject to an Interpol notice, where it is reasonable suspected that you are a risk to the Australian community Being or having been convicted of a domestic violence offense. While lodging your visa application, you must answer all the questions correctly and declare all your criminal conduct, if any. The Department considers all circumstances of a case to decide whether the visa is to be granted, even if you do not meet the character requirements, including: Protection of the Australian community Best interests of children Australia’s International legal commitments Impact of visa refusal or visa cancellation on your family Impact on Australian businesses and the Australian community If you do not declare your criminal history completely and correctly, the Department may refuse your visa application. The graph below shows number of visa refusals and visa cancellations by the Department from 2012 to 2019.   *Source: Department of Home Affairs In certain cases, you may appeal the decision of visa cancellation or refusal to the Administrative Appeals Tribunal (AAT) for failing to meet character requirements. If you are facing any such difficulty or need migration assistance, Contact Us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents in Sydney to discuss your situation.
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