Tag Archives: South Australia

02 Mar 2022

Registered Migration Agents update – March 2022

Categories Australia, GSM, International Students, State Nomination, Visa

Registered Migration Agents Code of Conduct update – March 2022

There have been significant changes announced affecting how we (My Migration) provide our services as RMAs to you (as a client).

 
Initial Consultations and service agreements

Section 42 of the Code of Conduct provides that, subject to section 43, an RMA must not give immigration assistance to a client unless a service agreement is in force. Section 43 provides an exception and allows for an RMA to give the type of immigration assistance mentioned in paragraphs 276(1)(b), (2)(b) or (2A)(b) of the Migration Act 1958 (the Migration Act) at an ‘initial consultation’ without a service agreement being in force. Subsection 43(4) makes it clear that only the first consultation between an RMA and a client or a potential client is an initial consultation, and if the consultation consists of a series of sessions conducted on more than one day, sessions conducted on a day after the first day are taken not to be part of an initial consultation.

What is an initial consultation?
An initial consultation would generally be an opportunity for an agent to find out the potential client’s circumstances, and to advise what they would be able to do for the potential client, including steps, costs, etc. Generally, the agent would not at this point need to be satisfied of the identity of the potential client, as communication with the Department or review authorities would generally only occur after a service agreement has been entered into. An initial consultation would be a single consultation where the agent would normally find out the facts of the potential client’s situation and would either give the client basic advice or would outline processes and costs for the potential client.
This means that if an RMA meets with a potential client and considers the potential client’s circumstances with a view to determining whether or not they might provide immigration assistance to the client, this would constitute an initial consultation. This would be the case regardless of whether any immigration assistance was provided during that consultation. It would therefore be necessary to put a service agreement in place before providing further immigration assistance to the client at a subsequent meeting. It follows that a practice of providing immigration assistance following research at a subsequent meeting would not be permissible.

From 1st March 2022, we will need more details from you when we hold an initial consultation, to give you follow up advice after that consultation (including having a service agreement in place), and especially if we are providing visa advice or assistance to you for a 3rd party (your friend, relative etc). We will need consent from the 3rd party before advising you for their visa pathways.

 
Consumer Guide

Section 38 of the Code of Conduct provides that an RMA must not give immigration assistance (whether at an initial consultation or otherwise) unless a copy of the Consumer Guide has been given to the client.
Therefore, we’ll be providing a copy of Consumer Guide before the initial consultation. The link to download the Consumer Guide will be included in the Appointment Confirmation email. You are encouraged to read the guide.

Since these changes are new, we ask for your patience and understanding with this process.
Regards,

Jag Khairra
Director and Registered Migration Agent
MARN 0634839
Source: Code of conduct (mara.gov.au)

 
Interested to know more?

Please Book a Consultation for an initial assessment and find out if you are eligible for an Australian visa and let us guide you towards your Australian migration goal.

 

Disclaimer

The above article constitutes only generic information on migration issues, and does not constitute specific migration advice to any entity or individual

23 Jan 2022

Visa Fees Refunded To International Students and Working Holiday Makers

Categories Australia, International Students, Visa

Australian government is refunding visa application fees to international students and Working Holiday Makers!
From 19 January 2022, international students and Working Holiday Makers (WHM) who arrive in Australia will have their visa application fees refunded.
Prime Minister Scott Morrison announced the changes to help the nation ease workforce shortages caused by the spread of the Omicron variant.
International students will have the fees waived for 8 weeks from 19 January 2022 till 19 February 2022, while the changes will be in place for 12 weeks for Working Holiday Makers (till 19 March 2022).
The federal government last week announced a 40-hour per fortnight working cap would be removed for international students.
The current visa application fee of $630 is charged for international student visa and $495 for working holiday visa.

 
N0 Restrictions For Working Holiday Makers

From 19 January 2022, WHMs working in any sector anywhere in Australia may continue to work for the same employer or organisation without requesting permission.
To address the current workforce shortages, the Australian Government will not enforce condition 8547 which restricts Working Holiday Makers to work only 6 months for any one employer.
This arrangement will be in place until 31 December 2022 when it will be reviewed by the Government.
Working Holiday Maker (subclass 417 and 462) visas are on the list of eligible visas for entry to Australia without a travel exemption. Visa holders must be double-vaccinated and prove their status by providing a foreign vaccination certificate or evidence of medical exemption.

 
Interested to know more?

Please Book a Consultation for an initial assessment and find out if you are eligible for an Australian visa and let us guide you towards your Australian migration goal.

 
Disclaimer

The above article constitutes only generic information on migration issues, and does not constitute specific migration advice to any entity or individual.

19 Jan 2022

Visa changes coming up in 2022 [Updated]

Categories Australia, GSM, International Students, State Nomination, Visa

Happy New Year everyone and I hope that 2022 will the year you achieved your goals!
While the last two years have been very challenging (and it continues while we transition into 20220) let’s push through these by remaining strong and focused on our goals.
I think this year we would see many visa changes announced by both federal and state governments, especially to meet growing shortage of skilled & unskilled workers.

Here’s a summary of the major visa changes announced for 2022 so far:

 
UPDATE ON 19 January 2022 – visa extensions for COVID-19 affected temporary graduate visa holders

On 18 February 2022, certain eligible Temporary Graduate (subclass 485) visa holders will have their visas extended or enlivened to 30 September 2022. Visa holders eligible for an extension will be notified directly by the Department.
This interim measure allows eligible Temporary Graduate (subclass 485) visa holders who were affected by COVID-19 travel restrictions to enter, or remain in,​ Australia to live and work until they can apply for and be granted a replacement Temporary Graduate visa.
Eligibility
To be eligible for a Temporary Graduate visa extension:

  • visa holders must have held a Temporary Graduate visa on 15 December 2021
  • the current visa expires before 30 September 2022
  • the primary visa holder was in Australia at time of the visa grant
  • the primary visa holder has been outside Australia for any period between 1 February 2020 and 14 December 2021 (inclusive)
  • the visa has not been cancelled since 15 December 2021
  • the holder has not been granted a further substantive visa since 15 December 2021.

To be eligible for visa enlivening:

  • visa holders must have held a Temporary Graduate visa that visa expired between 1 February 2020 and 14 December 2021 inclusive
  • the primary visa holder was in Australia at time of grant
  • the primary holder of the visa has been outside Australia for any period between 1 February 2020 and 14 December 2021 inclusive
  • the visa was not cancelled
  • the visa holder has not been granted a further substantive visa.

Cost
The visa extension is free and will occur automatically. You do not need to contact the Department.
The visa extension will include family members that were included in the original Temporary Graduate visa.
Source: News page (homeaffairs.gov.au)

 
Replacement visa for 485 (Temporary Graduate) visa holders & longer durations

The Government has announced further measures to support the return of international students and graduates, bolstering the international education industry by:

  • Allowing Temporary Graduate visa holders, who have been unable to travel to Australia as a result of COVID-19 international border restrictions, to apply for a replacement visa (from 1 July 2022).
  • Increasing the length of stay on Temporary Graduate visas in the Masters by Coursework and Vocation Education and Training (VET) streams.
  • ​The stay period on the Temporary Graduate (subclass 485) visa Graduate Work stream, will increase from 18 to 24 months, and application requirements will be streamlined by removing the requirement for graduates to nominate an occupation from the skills occupation list.
  • ​The stay period on the Temporary Graduate (subclass 485) visa for Masters by Coursework graduates, will increase permanently from two to three years, to match the stay period for Masters by Research graduates.
  • ​Simplifying the requirements for Temporary Graduate visa applicants for VET sector graduates; and
  • Extending the existing measure for student and temporary graduates to recognise time spent offshore studying online to count towards qualifying for a Temporary Graduate visa application.

These changes will be implemented progressively from 1 December 2021 through to 1 July 2022.

 
International students allowed extra hours to work

International students in Australia will be allowed to work extra hours to fill worker shortages as more and more people are forced into isolation due to the Omnicron outbreak. There have been worker shortages in hospitality, food distribution, manufacturing and building industries
Prime Minister Scott Morrison has announced that the  government will remove the 40 hour a week fortnight cap on student visa holders, meaning they will no longer have restrictions on the amount of hours they can work.
While this is a welcoming news, international students will also have to maintain the full-time study load as part of their student visa conditions (which is a minimum of 20 hours per week). Getting international students to work more could also put them at a higher risk of catching COVID-19.
So, it remains to be seen how students will be able to balance full-time work and study while taking care of their health.

 
2021-2022 Migration Planning Levels

Currently set at 160,000 places with Skilled (79,600), Family (77,300), Children (3000) and Special Eligibility (100).
Migration program for 2022-2023 is under consideration here and will be published in due course.
Migration program for 2024-2025 is forecasted at 235,000 places.

 
Entry to Australia

Australian citizens and permanent residents can enter Australia while their immediate family members can apply for an exemption to enter.
Vaccinated international students and certain visa holders can also enter Australia from 15 December 2021. This was to begin from 1 December 2021; however, the reopening was paused due to the emergence of the ‘Omicron’ COVID-19 variant.
The list of visa subclasses can be found here. This list is expected to be revised and more visas added in future.
For more information on travel restrictions and exemptions, please visit official website: Travel restrictions | COVID-19 and the border (homeaffairs.gov.au)

 
PR pathways for TSS (subclass 482) visa holders in the short-term stream

In November, the Australian government announced permanent residency pathways for certain migrants (in health and hospitality industries), who chose to stay and work in Australia during the pandemic. 482 visa holders in the short-term stream were previously restricted to a two-year temporary stay, without pathway to permanent residency. Certain 457 visa holders who no longer meet the age requirement, may also benefit.
It is expected that about 20,000 such visa holders may benefit from these changes, hospitality being one of the affected industry!
The department spokesperson said the changes announced on 25 November 2021 will be implemented progressively from December 2021 through to 1 July 2022. Further details are awaited, and may provide more clarity towards mid-year.

 
Visa extensions for subclass 489, 491 and 494 visa holders

The Government will also extend visas for skilled regional (provisional visa) holders (subclass 489, 491 and 494) as this group has been adversely affected by COVID-19 related travel restrictions.​
“Current and expired skilled regional provisional visas will be extended, providing additional time to meet regional work requirements for permanent residence,” Minister Hawke said.
It is estimated that there are currently around 9,000 skilled regional provisional visa holders overseas. These visa holders can enter Australia from 15 December 2021, and they will also be eligible for an extension of their visas, so that they can then meet residency and employment requirements for permanent visa (subclass 191).

 
Section 48 bar lifted for skilled migration visas

The government has lifted the “section 48 bar” for certain skilled visas (Subclasses 491, 494 and 190) temporarily, to allow affected applicants to apply for these visas.
From 13 November 2021, onshore applicants affected by the section 48 bar can apply for these skilled visas.
Applicants must be on a substantive visa, Bridging Visa A, B or C and meet other requirements of these visa subclasses.

What is section 48 bar?
Section 48 bar applies to applicants who have had a visa refused or cancelled since their last entry into Australia. It restricts application of most types of visas in Australia.

My visa was cancelled, and I am affected by section 48. Am I eligible to apply?
Not really! Anyone who is affected by section 48 due to their visas being cancelled would not be eligible, because they usually hold a Bridging Visa E and potentially restricted by PIC 4020 etc.
It is expected that a big pool of people will be able to apply for these visas.
The department spokesperson said the change only applies during the current COVID-19 emergency and additional subclasses will be removed from the list of exempt visas once this period ends.

 
Changes for 189 (New Zealand stream) visa

From 1 July 2021, the government announced changes to reduce the number of years to meet the specified income threshold.
If you applied on or after 1 July 2021:
You must have met the minimum income threshold for at least 3 completed financial years in the 5 years immediately before you apply. One of these years must be your most recently completed financial year.
Applicants can also claim an exemption from meeting the income requirement for the 2020-2021 income year. Applicants can claim a COVID-19 income exemption from either the 2019-2020 or 2020-2021 income year but not both.

 
Permanent residency for Hong Kong nationals

In November, government announced two pathways for Hong Kong and BNO passport holders, to open from 5 March 2022:

  • Subclass 191 – the Hong Kong (regional) stream — for primary visa holders who were usually resident in Australia for a continuous period of at least three years immediately before applying and who lived, worked and studied exclusively in a designated regional area for that period, while holding the qualifying visa.
  • Subclass 189 – the Hong Kong stream — for primary visa holders who were usually resident in Australia for a continuous period of at least four years immediately before applying, and who held the qualifying visa during that period.

More to come 😊

 
Interested to know more?

Please Book a Consultation for an initial assessment and find out if you are eligible for an Australian visa and let us guide you towards your Australian migration goal.

 
Disclaimer

The above article constitutes only generic information on migration issues, and does not constitute specific migration advice to any entity or individual.

07 Jul 2021

WA State Nomination update – July 2021

Categories Australia, GSM, Skills Assessment, State Nomination, Visa

WA State Nomination – Highlights of the 2021-22 Migration Program Update

WA has recently made major changes on their website regarding the 2021-22 Skilled Migration Program. Highlights include:

  • Introduction to WA Skilled Migration Occupation List [Schedule 1 and Schedule 2].
  • Many occupations now added to WASMOL (including Schedule 1 and Schedule 2)
  • There are separate experience requirements for Schedule 1 and Schedule 2.

Requirements for WASMOL (Schedule 1)

  • be currently residing in Australia
  • have an occupation listed as available and eligible for the intended visa subclass on the Western Australian Skilled Migration Occupation List  (Schedule 1) 
  • be able to claim and give evidence of work experience in the Expression of Interest, which can be met through:
    • at least one year of Australian work experience in the nominated (or closely related) occupation over the last 10 years; OR
    • at least three years of overseas work experience in the nominated (or closely related) occupation over the last 10 years
  • Meet the following minimum English language requirements
  • have a contract of employment for full time employment for at least 12 months in the nominated or closely related occupation in Western Australia.

Read more: https://migration.wa.gov.au/services/skilled-migration-western-australia/general-stream-wasmol-schedule-1-requirements

 

Requirements for WASMOL (Schedule 2)

  • be currently residing in Australia
  • have an occupation listed as available and eligible for the intended visa subclass on the Western Australian Skilled Migration Occupation List (Schedule 2)
  • meet the minimum English language requirements
  • have a contract of employment for full time employment for at least 12 months in the nominated or closely related occupation in Western Australia.

Read more: https://migration.wa.gov.au/services/skilled-migration-western-australia/general-stream-wasmol-schedule-2-requirements
 

Graduate Stream Requirements

  • be currently residing in Australia
  • have an occupation listed as available and eligible for the intended visa subclass on the Graduate Occupation List (GOL)
  • have gained a Certificate III or higher qualification in Western Australia, including a requirement to have completed at least two years of full-time study in Western Australia at a Western Australian university, higher education provider, TAFE, registered training provider or English language provider
  • Demonstrate:
    • at least six months of paid Australian work experience in the nominated (or closely related) occupation over the past five years. Applicants must enter work experience evidence in their SkillSelect Expression of Interest, OR
    • a contract of employment for full time employment in Western Australia for at least six months in the nominated (or closely related) occupation.

Read more: https://migration.wa.gov.au/services/skilled-migration-western-australia/graduate-stream-requirements

Minimum English Language Requirements
Meet the following minimum English language requirements:

  • Proficient English level must be obtained by candidates nominating an ANZSCO Major Occupation Group 1 (Managers) or Group 2 (Professionals) occupation; or
  • Competent English must be obtained for all other eligible occupations.
  • English language ability must be demonstrated by achieving the minimum English test scores in all four components in a single test as set out under English language test minimum required scores in Tables 3a and 3b below.
  • Candidates who hold a passport from the United Kingdom, the Republic of Ireland, the United States, Canada and New Zealand are considered to have met the minimum English language requirements and are exempt from undertaking an English proficiency test.

Table 3a: English language required test scores – ANZSCO major occupation groups 1 and 2
 

Bands

ListeningReadingWritingSpeaking

Test

Minimum score

International English Language Testing System

777

7

Occupational English test

BBBB

Test of English as a Foreign Language internet-based test

242427

23

Pearson Test of English Academic656565

65

Cambridge C1 Advanced185185185

185

Table 3b: English language required test scores – ANZSCO major occupation groups 3  8

Bands

ListeningReadingWriting

Speaking

Test

Minimum score

International English Language Testing System

666

6

Occupational English test

BBBB
Test of English as a Foreign Language internet-based test121321

18

Pearson Test of English Academic

505050

50

Cambridge C1 Advanced169169169

169

If an invitation is issued, the applicant has 28 calendar days in which to lodge an application for State nomination. Applications will be assessed against the above minimum requirements and the additional requirements listed in

Occupation Lists: https://migration.wa.gov.au/services/skilled-migration-western-australia/occupation%20lists
 
Source: https://migration.wa.gov.au/SiteCollectionDocuments/Current%20documents/State%20nomination%20migration%20program%20process%20and%20requirements%20-%20July%202021.pdf

 
Interested to know more?

Please Book a Consultation for an initial assessment and find out if you are eligible for an Australian visa and let us guide you towards your Australian migration goal.

 
Disclaimer

The above article constitutes only generic information on migration issues, and does not constitute specific migration advice to any entity or individual.

21 Mar 2020

Tasmania State Nomination update – March 2020

Categories Australia, GSM, Skills Assessment, State Nomination, Visa
IMPORTANT NOTICE

Tasmanian government has following  update for 491 State Nomination applications for overseas applicants:

The rapidly evolving situation regarding COVID-19 has necessitated temporary changes to eligibility for the Subclass 491: 3A Overseas Applicant (TSOL) nomination category.

As of 20 March 2020, applications for this category are temporarily restricted until further notice to occupations listed in the ‘High Demand’ section of the Tasmanian Skilled Occupation List (TSOL). Please do not LODGE or PAY for a Category 3A application if your nominated occupation is not listed as ‘HIGH DEMAND’ on the TSOL. Your application will NOT be assessed.

Applications under Category 3A lodged prior to this date which specify other occupations will still be considered. Applicants with ‘High Demand’ occupations will, however, be given priority. This means processing times for other Category 3A applications with occupations not listed in the High Demand section will become extended (approximately 6 months from lodgement).

The updated Tasmanian Skilled Occupation List (TSOL) can be found here.

 
SUBCLASS 190 nomination

 *** Category 3 – Overseas applicant (Job Offer) is now permanently closed ***
Please refer to Subclass 491 category 3B for alternative overseas applicant Job Offer information

 
Interested to know more?

Click here to book a FREE 30 min. consultation with our friendly team. You may also fill out the Online Assessment Form for a free assessment to know your eligibility for a visa to Australia.

 

Disclaimer

The above article constitutes only generic information on migration issues, and does not constitute specific migration advice to any entity or individual.

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