Migration Centre of Australia

#Registered Migration Agents

  • 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 8, 2020

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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  • 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 16, 2020

What Happens When your Visa is Cancelled?

Having your Visa cancelled can be the most distressing and stressful experience. But what is behind a visa cancellation? For a visa to be cancelled, only the Minister or a delegate of the Minister can grant, refuse or cancel a visa which can be discretionary, mandatory or by operation of law. In some circumstances, you can ask the Department to cancel your visa! However, cancelling any visa is at the discretion of the Department. Unfortunately, if your visa is cancelled, the Department may also cancel the visas held by any of your family members. Your employer, a sponsor or family member cannot cancel your visa. However, a person with parental responsibility can request us to cancel the visa of a person under 18 years old. There are many reasons why your visa may be cancelled. Some reasons can be if: you were non-compliant with visa conditions you did not meet our character requirements you provided false information on your visa application Did you know, that the Minister has the power to refuse or cancel your visa if you do not pass our character test? If you have had a visa refused or cancelled on character grounds since you last arrived in Australia the only visa you can apply for is a Protection visa. If you are removed from Australia on character grounds, you may have difficulty satisfying the character test when applying for another visa to re-enter Australia. In cases where you appear to fail the character requirements, you will be given an opportunity to put forward reasons why your visa should not be cancelled before the Department cancels your visa. Your visa might also be cancelled if you are involved in paying for visa sponsorship. This means if you initiated or were complicit in the paying for sponsorship or your intent in coming forward (whistle-blower, actively providing us with information) for such a matter. Your student visa can also be subject to cancellation if you are no longer enrolled in a registered course. Your enrollment ends when you complete the course, even if this is earlier than the end date on your Confirmation of Enrollment. What you must do after you complete your course depends on your enrollment arrangement. If you complete the course for which your visa was granted, you will have 3 months to depart Australia or apply for another visa. So it’s important to always keep on track of things! Other reasons why your student visa may be cancelled include: you complete the course for which we granted your student visa and you do not leave Australia or apply for a new visa within 3 months. you have changed courses since we granted your student visa and your new Confirmation of Enrolment for your principal course has an earlier end date and you do not leave Australia or apply for a new visa within 28 days of completing the course. you are studying more than one course on your visa (course packaging) and you finish a course early and have a gap between courses of more than 2 months (except if this gap occurs between the end of an academic year and the beginning of a new academic year). Another reason why your visa can be cancelled is if you contravene Bio security Laws. It is important to declare certain food, plant material and animal items from overseas as these items may: introduce serious pests and diseases into Australia devastate our valuable agriculture and tourism industries and our unique environment The Minister has the power to cancel your visitor visa in immigration clearance if you: fail to meet the requirements to answer questions about goods do not follow directions given by a Bio security officer in relation to goods or baggage provide false or misleading information or documents to a Bio security officer The Minister has the power to cancel a temporary visa if you import objectionable goods and materials without permission. If your visa is cancelled and you attempt to make another visa application while you are in Australia, you may be granted a Bridging Visa A (BVA) or other Bridging visa. The bridging visa comes in to effect when your current visa ceases. You need to comply with the conditions of your current visa until the bridging visa comes into effect. Cancelling your visa will cause your Bridging Visa A to cease at the same time. If your current visa is cancelled, you will need to apply for is a Bridging Visa E. This will not affect your current visa application, however, you will have limited visa options if your current visa application is not granted. However, if the Department refuse or cancel your visa, you might be able to request a review of the decision. You cannot appeal a decision if it was made by the minister personally. The independent Administrative Appeals Tribunal (AAT) is responsible for reviewing departmental decisions including visa cancellation decisions.  To seek a review by the AAT, you must lodge your application by the date specified in your decision notification letter. 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 the visa cancellations, or you wish to speak to us directly about applying for a visa in Australia or having your visa cancellation or refusal reviewed, 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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  • June 15, 2020

Refugee and Humanitarian Visas Australia

Refugee and Humanitarian (Class XB) visas allow a person to move to Australia if you are subject to persecution or substantial discrimination amounting to gross violation of human rights in your home country. With this visa, you may be allowed to stay permanently in Australia. Further, there are primarily four visas under this Class provided by the Migration Act 1958 (Cth) and the corresponding Regulations, namely, Refugee visa (Subclass 200), In-country Special Humanitarian visa (Subclass 201), Emergency Rescue (Subclass 203), and Woman at Risk (Subclass 204). General Eligibility for Refugee and Humanitarian Visas You must: be outside Australia; and face persecution in your home country; and meet the health and character requirements. Clause 200.211(1)(a) of the Migration Regulations 1994 provides that the criteria to be satisfied by the main applicant is that the at time of application the applicant “is subject to persecution in the applicant’s home country and is living in a country other than the applicant’s home country”. For this purpose, home country is defined as: “home country, in relation to a person, means: (a) the country of which the person is a citizen; or (b) if the person is not usually resident in that country, the country of which the person is usually a resident.” This visa is usually processed on priority basis and granted to persons who are registered with the United Nations High Commissioner for Refugees (UNHCR) for resettlement in Australia, assessed as refugees and subsequently referred to the Department for grant of a visa. Please know, there is no visa application charge for this visa. Advantages of Refugee and Humanitarian Visas Stay in Australia permanently Study in Australia Work in Australia Enrol in Medicare Travel to and from Australia for 5 years Bring dependent family members to Australia Pathway to citizenship, if eligible Attend English language classes for free, up to a certain hours If you facing any migration related problems or need assistance in preparing the submission to the AAT in your case, 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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Meet Health Requirements when applying for Australian Visa

Did you know that you and your family members who apply for a visa might need to have health examination to prove that you meet the health requirement in Australia? You might also need to have more health examinations if you come from a country where there are known public health concerns such as polio or Ebola Virus Disease (EVD). Coming to Australia can be someone’s dream – whether it is to study, work or even to start a new life with their family. However, the visa application process is not easy and the criteria to meet can be strict. For one, if a visa applicant fails the health requirement, your visa application will be instantly denied. So what is the criteria for the health requirement? When you apply for your visa, your health will be assessed by a Medical Officer of the Commonwealth (MOC). Typically, the categories that require a health check are permanent, temporary and provisional visas. The health requirement was implemented to protect and mitigate any risks to safety and public health by applicants coming into the Australian community. Typically, the type of health assessment you will undergo will be determined based on: Your duration of stay in Australia The visa you are applying for Your intentions during your stay What country you apply from Whether you have any existing medical conditions But in the event that you do fail the health requirement, you may be eligible for what is known as a health waiver. What is a health waiver? Consider it like this, a health waiver is a second chance at having your visa granted even if you fail the health requirement. But be warned, it is something that you cannot directly apply for. It must be recommended to you by a MOC on your behalf. So what makes them reconsider? So even if you failed the health requirement, your visa may granted on the basis that: You do not pose as a significant financial risk to the community You do not prevent Australian citizens from being able to access health care or community services in short supply Possess compelling and compassionate grounds to have your visa granted For some this new health waiver provision implemented by the Government in 2019 is an excellent second chance at life. Types of Health Waivers It doesn’t end there, there are two types of health waivers that are relevant to the public interest criteria (PIC). PIC is the Department’s policy for the health requirement, and depending on what visa you apply for, a different PIC can apply. PIC 4005 – From 1 July 2019, the cost of a condition suffered by a visa applicant was increased to $49,000 as opposed to $40,000 before 1 July 2019. If you suffer a condition that exceeded this threshold, your visa was denied. PIC 4007 – This enables a health waiver to be obtained if the Department is satisfied that the grant of a visa would be unlikely to result in undue cost to the Australian community or prejudice to accessing medical care At Migration Centre of Australia, we care about your future. If you need advice on understanding the requirements of the health criteria, or you are in the early stages of applying for a visa, or you need assistance with a health waiver offer, contact us today on 02 4626 1002 and speak directly to one of our Registered Migration Agents. Having been in the migration industry for years, our migration agents have the expertise and knowledge to take on any case. Don’t give up on your dreams because of a visa cancellation or visa refusal, let us help you.
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How to extend your working holiday visa during COVID-19

Currently, there are approximately 118,000 people in Australia on a Working Holiday Visa and on April 4, the acting Minister for Immigration announced the news that a great majority of those who are on Temporary Visas in Australia will have access to their superannuation during this crisis, and has acknowledged that those on Working Holiday Visas (subclass 417) play a crucial role in the health, aged care, disability, agriculture, food processing and childcare sectors of the Australian economy. To support these critical sectors in our economy, the Government has pledged to ensure that those on Working Holiday Visas will be given ongoing employment during this time. Not only this, those on this visa will be exempt from the six month work limitation with one employer, and will be given the opportunity to apply for a further visa to continue working in these sectors if their current 417 visa is about to expire anytime during the next six months. However, if you hold a 417 visa and you are unable to apply for a second or third 417 visa, and if you are stuck in the situation where you are unable to go home to your country, you will be permitted to apply for a Temporary Activity (subclass 408) Australian Government Endorsed Event (AGEE) stream visa. This temporary visa will allow you to continue to work and remain lawfully in Australia until it is deemed safe and the travel restrictions lifted for you to return to your home country. The following industries and areas have been approved as specified work for subclass 417 (Working Holiday) visa holders towards eligibility for a second or third 417 visa application: Plant and animal cultivation in regional Australia; Fishing and pearling in regional Australia; Tree farming and felling in regional Australia; Mining in regional Australia; Construction in regional Australia; and Bushfire recovery work in declared bushfire affected areas only, carried out after 31 July 2019. With the ongoing changes and the panic surrounding the coronavirus crisis, you may be wondering: What happens if I have applied for a second or third 417 visa but my current visa is about to expire? Can I extend my current visa to look for more work to meet the ‘specified work’ requirement? What happens if I am unable to extend my 417 visa? These are questions that we receive from anxious clients and being in these circumstances and not knowing what will happen can be stressful. Understanding where you stand as a 417 visa holder during this crisis is important and it can be difficult to keep up with all the migration law and policy changes that are being changed or implemented daily. At Migration Centre of Australia, we have been trusted by our clients throughout the years to help them find their way in Australia. Our Registered Migration Agents are known in the industry for their expertise and knowledge in Working Holiday Visas and are constantly monitoring legislative updates to ensure that they are always one step ahead. If you are currently on a Working Holiday Visa (subclass 417) and you need help in applying for a second or third 417 visa, or you simply require professional migration advice regarding your visa status, contact us today on 02 4626 1002 or send us an email at info@migrationcentreofaustralia.com.au and one of our migration agents will be ready to answer all of your questions.
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Who is Allowed to Leave Australia during COVID-19

Currently, there are 2.17 million people on a temporary visa in Australia who are not receiving direct aid from the Government but only support in form of relaxed visa conditions, extended limits of working hours and early access to superannuation funds. While the Australian Government considers temporary visa holders as an important part of the Australian economy and society, there is clear message for people who are incapable to support themselves financially during coming months “to return home”. Visitor Visa Holders The Government has been strongly advising international tourists to go back to their home country as soon as possible if it is practical to do so and many people have now reached their homes safely. In cases where it is not possible for you to return for reasons such as the country is under complete locked down in response to COVID-19 (Coronavirus) or reduced international air network, the Department may extend your visitor visas to let you stay lawfully in Australia for the time being. The Hon Alan Tudge MP, the current acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs said, “As I said, for those tourists who’re here, whose visas are due to expire, who are concerned that they cannot get home, then they should contact the Immigration Department as a matter of urgency.” Thus, before you plan to leave from Australia you must thoroughly check your ability to enter another country, even if it’s your home country. Some countries, for example, India, has placed a travel ban on incoming of its own citizens as well. If you are unable to travel and your tourist visa is expiring soon or has expired, you must immediately take action to remain a lawful non-citizen in Australia or face the consequences including detention. Restrictions for Australians While temporary visa holders may still be able to leave Australia, the Government has imposed overseas travel restrictions on Australian citizens and permanent residents. However, if your travel falls under below mentioned categories, you may be able to seek a travel exemption from the Commissioner of ABF (Australian Border Force) by filling the ‘COVID-19 (Novel coronavirus) request to travel form’ online: To respond to the COVID-19 outbreak; To conduct critical industries and business; To receive urgent medical treatment (not available in Australia); To attend urgent and unavoidable personal business; To serve the national interest; For compassionate or humanitarian grounds. You should apply for an exemption at least 48 hours before your intended departure time. Without the exemption, you will not be allowed to travel and thus, you must take evidence of the exemption to the airport. Further, you will be required to provide evidence with your request for exemption, which must be officially translated to English, if not in English already. If you are seeking assistance for visa extension or travel exemption, or are facing any migration difficulties, call us on (02) 4626 100 to speak to one of our Registered Migration Agents.
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You can still apply for a VISA during COVID-19 Important points to consider

It has been just over a month since the coronavirus pandemic has changed the way we live in Australia, and with that many changes have been implemented to support these changes. For one,the migration industry has been hit with the biggest blow. With over 2 million temporary visa holders in Australia, there are many visa holders who have been left scratching their heads. At Migration Centre of Australia, we have sifted through the important facts that you need to know if you wish to apply for a visa during this crisis. 5 updates you should know: If you are thinking of applying for a visa, you should reconsider your need to apply for an Australian visa at this time and seek professional migration advice so we can assess your circumstances. Currently, the Department is prioritising processing visa applications for those travellers in the exempt categories to support urgent travel. The Department also encourages all visa applicants to apply online, rather than on paper, as online applications will be processed faster. More importantly, ETA online will be unavailable due to the current travel restrictions. Services related to your visa application process have been severely impacted by this pandemic. This includes overseas panel doctors, English language testing facilities, biometric collection and paper application lodgement centres. The unavailability of these services will impact visa applicants, however, the Department has given discretion to give additional time to visa applicants to complete checks and provide the requested information. If you have applied for a visa, you should be aware of disruptions to visa medical services, if you are scheduled for a health examination. The current pandemic has temporarily suspended My Health Declarations but visa processing officers are well aware of these disruptions and will take into consideration these extended timeframes. As such, the Health Requirement including the health examinations for your intended visa will be determined once your visa application has been lodged and you will not be required to contact medical offices in Australia or overseas. If you are thinking of studying in Australia, you do not need a visa if you are currently offshore as Australian education providers currently offer online study. It is important to note that Australian Education providers can now issue new Confirmation of Enrolment (CoE) and enrol students to study online. 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 wait any longer and 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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