Migration Centre of Australia

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Migration (LIN 19/198: Evidence of financial capacity—Subclass 500 Visa and Subclass 590 Visa) Amendment (LIN 24/042) Specification 2024

Migration (LIN 19/198: Evidence of financial capacity—Subclass 500 Visa and Subclass 590 Visa) Amendment (LIN 24/042) Specification 2024 dated 2 May 2024 amends Migration (LIN 19/198: Evidence of financial capacity—Subclass 500 Visa and Subclass 590 Visa) Instrument 2019 to revise and increase the amount of funds required to be evidenced  by an applicant seeking to satisfy the primary criteria for the grant of a Subclass 500 visa, secondary criteria for the grant of a Subclass 500 visa, or primary criteria for the grant of a Subclass 590 visa, if required to do so by the Minister. The revised amount of funds for the purpose of evidencing financial capacity by an applicant for a Subclass 500 or Subclass 590 visa reflect the current cost of living pressures these visa holders will be subject to once they arrive in Australia. Previously, these figures were adjusted based on the Consumer Price Index but the current figures are based on a new methodology, calculated as a proportion of the Australian National Minimum Wage. The National Minimum Wage is the minimum amount an employer must pay an employee. It is a reasonable approach to ensure that visa holders can support themselves at a standard comparable to the lowest paid Australian worker. The instrument increases the following annual living costs and expenses: The amount of living costs and expenses required for a student or guardian has been increased from AUD24,505 to AUD29,710 The living costs required for a spouse or de facto partner of an applicant has been an increased from AUD8,574 to AUD10,394 The living costs required for each dependent child has been increased from AUD3,670 to AUD4,449 The annual school costs required for each school-aged dependent child has been increased from AUD9,661 to AUD13,502 The personal annual income required for a primary applicant if there is no secondary applicant has been increased from AUD72,465 to AUD87,856 The personal annual income required for a primary applicant where there is a secondary applicant has been increased from AUD84,543 to AUD102,500. The instrument is registered on the Federal Register of Legislation on 9th May 2024. It is currently in force. To access the instrument, click here.
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Migration (English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visa) Instrument 2024

Migration (English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visa) Instrument 2024 dated 21 March 2024 increases the required English language test scores, as part of the Australian Government’s Migration Strategy announced on 11 December 2023, to improve the integrity of the student visa program. The instrument repeals Migration (IMMI 18/015: English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visa) Instrument 2018 and specifies new English language proficiency requirements to satisfy the criterion for the grant of a Subclass 500 (Student) visa. The following changes have been introduced: The minimum English proficiency test score has been raised from an International English Language Testing System (IELTS) score of 5.5 to 6.0 (or equivalent). The score requirement for students seeking to enrol in a packaged English Language Intensive Courses for Overseas Students (ELICOS) has raised from IELTS 4.5 to 5.0 (or equivalent). Students enrolled in recognised university foundation or pathway programs offering reputable English language training now require a minimum score of IELTS 5.5 (or equivalent). These programs will be listed on the Department’s website. There is no change for students studying exclusively through ELICOS. The Instrument is registered on the Federal Register of Legislation on 21 March 2024 and commenced on 23 March 2024. It is currently in force. To access the instrument, click here.
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Migration Amendment (Suspending Education Providers) Regulations 2024

Migration Amendment (Suspending Education Providers) Regulations 2024 dated 14 March 2024 supports implementation of the Government’s Migration Strategy announced on 11 December 2023. The Regulations amends the Migration Regulations 1994 to prescribe the ‘relevant score’ as a matter that the Minister may have regard to when considering whether to issue a suspension certificate under section 97 of the ESOS Act. The ESOS Act sets out rules for registering providers offering education services to international students. Section 97 of the Act allows the Immigration Minister to issue a suspension certificate to a registered provider or their associate if they believe that substantial number of international students are coming to or staying in Australia for purposes not contemplated by their visa. This initiative is part of the Australian Government’s Migration Strategy, aimed to support integrity in the international education system and to support genuine overseas student. Under subsection 97(2) of the ESOS Act, in considering whether to give such a certificate, the Immigration Minister may have regard to any of the following: the number of applications for student visas made by overseas students and intending overseas students, in respect of the registered provider or associate, that have been refused, where there were fraudulent statements made or fraudulent documents given in connection with the application; the number of the registered provider’s or associate’s accepted students and former accepted students who have breached conditions of their visas; the number of accepted students and former accepted students of the registered provider or associate who remain in Australia unlawfully after finishing their courses; any other matter set out in regulations made for the purposes of this paragraph under the Migration Act 1958. Under section 98 of the ESOS Act, before issuing a suspension certificate, the Immigration Minister must give the registered provider a written notice stating that they intend to give the provider a suspension certificate and why.  The effect of a suspension certificate is that the provider would not be able to recruit new international students for the period that the suspension certificate remains in force (6 months). However, existing students may continue their studies with the provider. The Amendment Regulations amend the Migration Regulations to provide the Minister with the ability to specify by instrument the method for working out a score, when and how often a relevant score is to be worked out and the period in which a relevant score has effect for a registered provider in a legislative instrument. The Instrument is registered on the Federal Register of Legislation on 22 March 2024 and commenced on 23 March 2024. It is currently in force. To access the instrument, click here.
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Migration Amendment (Subclass 500 Visas) Regulations 2024

The Migration Amendment (Subclass 500 Visas) Regulations 2024 (the Amendment Regulations) amend the Migration Regulations 1994 to focus on the requirement that a Subclass 500 (Student) applicant must intend to genuinely enter and stay in Australia as a student, by removing the requirement that Student visa applicants intend to genuinely stay in Australia temporarily. The Subclass 500 visa allows international students (and members of their family unit) to enter, study and work in Australia for the duration of the primary visa holder’s studies. Previously, in order for a Subclass 500 visa to be granted, an applicant needed to satisfy the genuine temporary entrant requirement that is the applicant intend to genuinely stay in Australia temporarily, which was a way of assessing that the applicant is a genuine student. However, the requirement caused confusion and possibly deterred future migration to Australia, as many international students plan to apply for permanent residency after finishing their studies. The Subclass 500 visa can be a genuine route to permanent residency, as the skills gained from studying can help fill skill shortages in Australia. The amendment aims to enhance the evaluation of a student’s genuine intention to study in Australia and better detect any non-genuine international students entering Australia for reasons other than study. With the amendment, the genuine student criterion enables the decision-maker to assess whether the visa applicant genuinely intends to enter and stay in Australia as a student, taking into account various factors such as the applicant’s situation, immigration history, adherence to visa conditions, and any other relevant factors. The Instrument is registered on the Federal Register of Legislation on 18 March 2024 and commenced on 23 March 2024. It is currently in force. To access the instrument, click here.
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How can you migrate to Australia from India?

Australia is one of the most popular destinations in world for migrants to pursue higher studies and a peaceful lifestyle. Indians, especially skilled workers, find Australia a perfect destination to move because of higher employment rate, higher wages, and assurance of better quality of life. There are many different pathways to move to Australia from India. Read on find out which pathway is well suitable for you. Skilled Migrant Under the Permanent Visa category, you can apply directly under the Skilled Independent Visa (subclass 189) – Points-tested stream.  You will have to select your occupation from SOL (Skilled Occupation List) and have 65 points in order to be eligible for the Visa. These points are calculated on the basis of your age, education, English proficiency, work experience and multiple other factors. The minimum score is 65 points. The more you score, the better your chance to migrate to Australia. You then have to submit an expression of interest in SkillSelect.   After you have submitted, you require for the occupation. Moving to Australia on Temporary Work Visa Visa allows you to live and work in Australia for nearly 4 years. It comes under the category of sponsored Visas which have two subclasses. Temporary work visa (subclass 457) Skilled Regional visa (subclass 489) The good news is that these visas can convert into permanent visas later on after fulfilling certain conditions. It is necessary to get sponsorship from the state/territory government in Australia or an eligible employer. Moving to Australia as a businessman If you want to switch to Australia to start a new business or expand your existing business, all you need to apply for an appropriate visa. Moreover, you need an appropriate amount to invest in your new business plan.  Under the Business and Investment category visas, candidates are able to apply for permanent residency in Australia within subclasses 132 and 188/888. Moving Australia with spouse or relatives If your spouse or any relative is a permanent resident of Australia, your migration to the country or getting PR can be possible. You can be sponsored by an Australian citizen, permanent residents or any New Zealand citizen who is related to you in the form of partner/parent/relative. Moving Australia as a student Australia has long been considered one of the best destinations for higher studies. Many Indian students want to enrol in the world-class Australian universities. The Student Visa (subclass 500) is a comprehensive visa which covers all kinds of studies in Australia, including schooling, undergraduate and post-graduate. There are many ways in which you can migrate from India to Australia. If you want the best advice in deciding which one is right for you, contact Migration Centre of Australia. At Migration Centre of Australia, we are well-trained to handle highly complex matters. Book one of our agents for professional advice by calling 02 4626 1002 or email us to book in a time at info@migrationcentreofaustralia.com.au. We also speak fluent Hindi, Nepali and Turkish. If one of these isn’t your language, we can also help you arrange an interpreter.
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