The Department has announced that as of 1 January 2015, Government lodgement fees for partner visa subclasses will increase by 50%.
Provisional and permanent partner visas - currently priced at $3085
will increase to $4627.50
Prospective marriage visa - currently priced at $3085 will increase to
$4627.50
Temporary and permanent partner visas - currently priced at $4575
will increase to $6865.50
Partner visa applications submitted prior to 1 January 2015 will not be impacted by the change in fees.
For additional...
Monday, 15 December 2014
Wednesday, 10 December 2014
Functional English - changes
Functional English proficiency can be demonstrated if the
applicant can provide evidence of:
having completed
all years of primary education and at least 3 years of secondary education
at educational institutions in which all instruction was conducted in
English; or
having completed at
least 5 years of secondary education at institutions in which all
instruction was conducted in English; or
having achieved an
IELTS average band score of at least 4.5, based on the four test
components of speaking,...
Monday, 1 December 2014
Mandatory visa cancellation powers and reviewable decisions
Powers of mandatory visa cancellation, without notice, have been
introduced by the government for persons serving full time imprisonment and who have a
substantial criminal record:
This mandatory cancellation is not reviewable by the Administrative Appeals Tribunal (AAT), but can be revoked by the Minister for Immigration personally or the Minister's delegate
The decision not to revoke the cancellation by the Minister's delegate is reviewable by the AAT
Where cancellation is revoked by the delegate of the Minister or the AAT, the...
Monday, 24 November 2014
Work and Holiday visa for Spanish nationals commences
The 24 November 2014, marked the commencement of the new
Work and Holiday visa arrangements for nationals of Spain and Australia.
The arrangement allows for 500 young adults who meet the visa
criteria to enjoy up to 12 months in Australia to study or undertake short term
wor...
Alternative English Language tests commence
Alternative English Language tests commenced on 23 November
2014, for the following visa programmes:
Temporary Graduate
Skilled
Former Resident
Work and Holiday
The Test of English as a Foreign Language internet based test (TOEFL iBT) and the Pearson Test of
English Academic (PTE Academic) have been added to the IELTS and OET tests for these visa
programmes.
The Cambridge English (Advanced (CAE) test will be also accepted
from 1 January 2015.
Student visa applicants can continue to provide scores...
Wednesday, 19 November 2014
Functional English - legal definition updated for Australian migration purposes
The methods for demonstrating "functional" English for para 5(2)(b)
of the Migration Act 1958 have been updated.
The following tests and
scores for demonstrating functional English will now be accepted:
An average score of
at least 4.5 in an IELTS test.
A total band score
of at least 32 in a TOEFL iBT test
An overall band
score of 30 in a Pearsons (PTE) test ...
Monday, 17 November 2014
Contributory Parent Visas - Apply Sooner Rather Than Later
If you are contemplating applying for a Contributory Parent
Visa it would be wise to get an application lodged with the Department of
Immigration as soon as possible, as processing times for this category of visa
are already significant and likely to become longer with the demise of other
options.
Based on current planning levels, contributory parent
applicants can expect to wait 12 to 24 months for a visa grant to be made.
The Minister for Immigration has the power to ‘cap’ the
number of visas which can be granted each year in a particular...
China - Australia Free Trade Agreement (ChAFTA) announcements
Australia and China have announced the conclusion of negotiations
for a China-Australia Free Trade Agreement (ChAFTA).
The implementation of this agreement is subject to a number of
treaty-making processes which may take some time according to the implementation
timeline.
Fact
Sheet: Movement of Natural Persons
This fact sheet provides information on:
1. Access
to Australia for inter-corporate transferees, contractual service providers.
Installers and servicers and business visitors.
Australia will provide guaranteed access...
Additional English language tests accepted by the Department of Immigration & Border Protection - commencement dates
Two additional English language tests, the TOEFL and Pearson
tests, will be accepted from the 23
November 2014 and the Department's online lodgement systems
will also be updated at that date.
The Cambridge
English language test is expected to be accepted from 1 January 201...
Extra countries added to enable online Visitor visa system applications
The following countries can now access online Visitor visa applications for Australia:
Bhutan
Burma
Cambodia
Laos
Mongolia
Pakistan
Thailan...
Tuesday, 11 November 2014
Spain & Portugal are to be added to the list of countries eligible for the Australian 'Work and Holiday' (subclass 462) visa
Spain
and Portugal are also added to the list of countries for Work and Holiday visa
arrangements.
This visa allows you to:
stay in Australia for up to 12 months
work in Australia for up to six months with each employer
study for up to four months
leave and re-enter Australia any number of times while the visa is valid.
You might be able to get this visa if you:
are at least 18 but have not turned 31 years of age at the time you lodge your application
will not be with a dependent child while you are in Australia
have enough money to support...
Sunday, 9 November 2014
Streamlined Visa Processing (SVP) - extended for Vocational Education and Training Sector
The Migration Regulations have been amended to allow student visa
applicants enrolled in Advanced Diploma courses with an approved education
provider to access streamlined
visa processing and extend this SVP to the Vocational
Education and Training sector.&nbs...
Subclass 400 Temporary Work (Short Stay) - changes to legislation
The Migration Regulations have been amended in relation to the Subclass 400 Temporary Work
(Short Stay) which extends both the entry period and the stay from 3 months to 6 mont...
TOEFL to be accepted by professional accounting associations
The
Institute of Chartered Accountants, the Institute of Public Accountants and CPA
Australia have announced they will all accept TOEFL test scores to
demonstrate English language proficiency for skills assessments and
professional accreditation from 1 November 201...
Australian Government Reinstates 'Non-Contributory' Parent Visa & Carer Visa
The Australian Senate voted on Thursday, September 25th of this year, to overturn the Abbott Government’s attempts to repeal a number of important and affordable visas, specifically for overseas workers’ family members and potential carers.
According to Senator Sarah Hanson-Young, the immigration spokesperson of the Greens, what the Senate has voted for is to make sure that families are given a chance to live together and be able to look after each other in Australia.
“The success of this disallowance motion means that thousands of Australian...
Thursday, 6 November 2014
DIBP Seeking Public Opinion for Migration Programme of 2015-2016
It has been announced by the Department of Immigration and Border Protection (DIBP) on the 14th of October of this year that the government of Australia is seeking the view of the public in preparation for the 2015 to 2016 Australian Migration Programme.
There are 2 components that can be found on Australia’s migration programme:
The Humanitarian Component – This one is for refugees and other individuals who are in need of humanitarian assistance.
The Migration Component – This consists of skill stream migrants, the family stream migrants,...
Thursday, 23 October 2014
Subclass 457 business sponsors - penalties, sanctions & enforcement
On 14 September 2009, the Migration Amendment (Worker Protection) Act 2008 (“the Worker Protection act”) gave effect
to reforms to the temporary sponsored worker program (subclass 457).
The laws introduced a new enforcement regime, including the introduction
of civil penalty provisions. The laws
enabled the department of immigration to apply to a court (that is, an eligible court as defined in section
5(1) of the Act) for a civil penalty order or, alternatively, serve an
infringement notice on a 457 business sponsor that is...
Wednesday, 22 October 2014
$15m Premium Investor Visa (PIV) update
Minister for Trade and Investment Andrew Robb said that direct
investment in residential real estate would not be a complying investment under
the government’s proposed new Premium Investor Visa (PIV).
The PIV would offer a more expeditious pathway for international investors to
permanent residency as compared to the existing Significant Investor Visa (SIV).
Under the PIV a 12 month pathway to permanent residency would be available for
investors meeting a $15 million threshold in an eligible investment.
At present SIVs are available for applicants...
Monday, 20 October 2014
Abbott announces reforms to 457 visa program
The Prime Minster announced last week his plans to make changes to the 457 scheme to make the visa process more flexible and efficient for business.
Ryan Curtis-Griffiths, Director at Nevett Ford, provided insight into the reforms for HC Magazine online.
The full article can be found on HC onlin...
Attention 457 business sponsors - Powers of immigration inspectors
Sponsoring and nominating employees from overseas to Australia on 457 visas requires your business to comply with a range of obligations. Nevett Ford Lawyers can provide guidance to ensure full compliance with Immigration Laws and Regulations, which constantly change. The Department of Immigration conducts random checks of businesses and we can help you to ensure that your business is complying.
Immigration inspectors have powers under the Migration Act 1958 that provide the mechanism for the department to investigatesponsor compliance with...
Wednesday, 15 October 2014
Significant Investor Visa (SIV) Update - Victoria
The Victorian Government's October
2014 Significant Investor Update has been released
The update provides information from the Victorian Government on
their activities to support and attract investor migrants to Victoria, through
the Business Innovation and Investment Program’s Significant Investor Visa
stream.
The document contains the following information:
Reforms to
Significant Investor and 457 visa programs
Significant
Investor nomination update
Victoria’s flexible
visa nomination requirements
Victoria’s new
...
Monday, 13 October 2014
Significant Investor Visa (SIV) changes & creation of Premium Investor Visa (PIV) ($15 million) category
The Government today announced important changes to the
Significant Investor Visa and creation of a Premium Investor visa.
The new Premium Investor Visa
(PIV) will
require an investment of $15 million, nomination by Austrade and
has no residency requirements. PIV holders will be eligible for permanent residency after holding the
complying investment for 12 months.
Other changes include:
the involvement
of Austrade in the nomination of applicants on behalf of...
Have you entered the Diversity Visa Lottery? Beware of fraudulent emails and letters!
The Department of State has issued a warning to all Diversity Visa Lottery entrants of an increase in fraudulent emails and letters sent to applicants. Be wary of websites requesting upfront registration payment or deposits as Diversity Visa fees can only be paid at the visa interview stage at the relevant U.S. Consulate/Embassy. The official Diversity Visa website will never ask for an upfront payment.
Please refer to the following link for further information: http://travel.state.gov/content/visas/english/general/fraud.ht...
Subclass 485 (temporary residence) Visa - you may be eligible if you're currently in Australia and studying a bachelor degree (or higher)
Are you studying a bachelor degree or higher in Australia and did you obtain your current student visa after 5 November 2011?
You may be eligible for the subclass 485 (temporary residence) visa.
This visa has two streams:
Graduate work stream – for international students who
graduate with skills and qualifications that relate to an occupation on the
Skilled Occupation List (SOL): Schedule 1. A visa in this stream is granted for
18 months.
Post-Study work stream – for international students who
graduate with an eligible qualification....
Sunday, 12 October 2014
How do children adopted outside Australia become Australian citizens?
The way in which a child who is adopted outside Australia becomes an Australian citizen depends on how their adoption is/was finalised. There are 3 different ways in which this can occur.
1. Adoptions finalised outside Australia - under full Hague Convention arrangements under section 19C of the Australian Citizenship Act 2007.
The key requirements of section 19C are that:
at least one adoptive parent is an Australian citizen;
an adoption compliance certificate has been issued by the child's country of origin in accordance with...
What is the difference between the SOL and the CSOL?
Skilled Occupation List (SOL)
The current Skilled Occupation List (SOL) is relevant for applicants for:
independent points-based skilled migration who are not nominated by a state or territory government agency (such as the subclass 189 visa);
Temporary Graduate visa (subclass 485) - Graduate Work stream.
Consolidated Sponsored Occupation List (CSOL)
Whereas whe current Consolidated Sponsored Occupation List (CSOL) is relevant for applicants for:
points-based skilled migration who are nominated by a state or territory government agency...
Wednesday, 8 October 2014
New Character Provisions Likely
The Minister for Immigration has
introduced a Bill that amends the Migration Act 1958 in terms of what is known as the
character provisions.
The Bill has been referred to the
Senate, Legal and Constitutional Committee for consideration.
If the Bill does become law in its
present form a number of significant changes will be introduced including
mandatory cancellation of a visa for an offence where the person has received a
sentence of 12 months or more, or where they have committed a "sexually
based offence involving a child"
One...
Federal Court - review of adverse ASIO security assessments
In Jaffarie v Director General of Security [2014] FCAFC 102 (18 August 2014) Jaffarie was assessed by ASIO in June 2013 to be a risk to "security" under section 4 of the ASIO Act 1979 (Cth). This triggered a number of decisions adverse to Jaffarie under the Migration Act 1958. Jaffarie's action in the original jurisdiction of the High Court to challenge the assessment was remitted to the Federal Court and determined by a Full Court which dismissed it.
The Full Court considered how public interest immunity claims for information said...
Visa Targets Reached by Australian Immigration
It was recently announced that the target of the Australian Government to attract one hundred ninety thousand new migrants, in the latest financial year, was achieved.
The information from the Department of Immigration and Border Protection (DIBP) is showing that Australian industry benefited from some one hundred twenty eight thousand five hundred fifty places being granted within the stream of skilled positions.
Mr. Scott Morrison, the minister of DIBP, said that this is equal to almost sixty eight per cent of the programme. He also said that...
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