Government lodgement fees for partner visa subclasses are set to sky rocket in 2015!

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 information, contact Nevett Ford Lawyers on 03 9614 7111 or visit our website at http://nfmelbournelawyers.com.au/index.php

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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, reading, writing and listening in a test conducted:

             - not more than 12 months before lodging the relevant application to migrate; or

             - at the time of the processing of the relevant application to migrate; or

• having successfully completed, in Australia, at least 1 year of full-time study or equivalent part-time study towards a degree, higher degree, diploma, or associate diploma, at an institution or institutions where all the instruction was conducted in English.
• having achieved a Test of English as a Foreign Language internet-Based Test (TOEFL iBT) total band score of at least 32, based on the four test components of speaking, reading, writing and listening in a test conducted:

          - not more than 12 months before lodging the relevant application to migrate; or

          - at the time of the processing of the relevant application to migrate; or

• having achieved a Pearson Test of English Academic (PTE Academic) overall band score of at least 30, based on the four test components of speaking, reading, writing and listening in a test conducted:

          - not more than 12 months before lodging the relevant application to migrate; or
          - at the time of the processing of the relevant application to migrate; or

• having achieved a Cambridge English Advanced (CAE) overall score of at least 147 based on the four test components of speaking, reading, writing and listening in a test conducted

          - not more than 12 months before lodging the relevant application to migrate; or

          - at the time of the processing of the relevant application to migrate; or

• holding valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland, to a citizen of that country.

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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 Minister personally can set aside the revocation and cancel the visa on character or national interest grounds​
• There are also new personal powers for the Minister to cancel visas under section 106 & section 116 of the Migration Act 1958 ('the Act') and this decision is not reviewable by the AAT
• A decision to cancel a visa under the new section 133A and section 133C of the Act are not reviewable by the Migration Review Tribunal (MRT)
• ​A decision made personally by the Minister to cancel a protection visa is not reviewable by the RRT
• A decision made by a delegate of the Minster to cancel bridging visa for a person who is in detention because of that cancellation, is reviewable by the MRT

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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 work.

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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 from the IELTS, OET, TOEFL iBT, PTE Academic or Cambridge English: Advanced (CAE) tests. 

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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 

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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 visa class. All parent Visa subclasses (103, 143, 173, 804, 864 and 884) are subject to capping, meaning that once the number of visa places set by the Minister for a class has been reached in a particular year, no further visas in that class can be issued and any outstanding applications will ‘rollover’ into the next processing year. For the 2014/2015 migration year the minister has allocated a total of 7175 contributory parent Visas.

 

Gradually over time, if the number of applications continues to exceed the annual cap, there can be a build up of large numbers of applications waiting to be finalised with the result that visa grants can take several years to finalise. For this reason, it is most important to get an application into the system as quickly as possible.

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