immiNews

As we walked with our clients’ on their visa journeys over the years, we realised how many people would benefit from a reliable source of information that detangle confusing regulations and are reader-focused. It serves to educate on all things emigration and immigration, to simplify, clarify and provide the latest of updates in the ever evolving Australian migration laws, and to speak about exciting news. Sometimes even scandals!

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What Is An Exclusion Period And When Does It Apply?

An exclusion period is a period of time that an applicant cannot be granted another visa to travel to, enter and remain in Australia,, whether or not they meet visa requirements. You will be able to make the application but will be unsuccessful, and will have wasted time or money on application fees. Exclusion periods... Continue Reading

Temporary Activities Sponsor Application For 403, 407 & 408 Visas

Are you looking to sponsor an individual for an individual to enter into Australia for occupational training or personal development? Perhaps you would like to sponsor an individual to come into Australia to do specific work for a specific project, including and not limited to inviting a sports coach, speaker, researcher, entertain or religious worker.... Continue Reading

Training 407 Visa: What Types Of Training Are Eligible?

Are you needing to gain some training in Australia? Perhaps you are need to attain registration, membership or licensing to perform your occupation. Or you are a student and you want to undertake your requisite training for the completion of your course in Australia. Maybe you are a professional wishing to take your skills to... Continue Reading

An Introduction To The Training Visa (subclass 407)

Are you looking to expand your skills with a training or professional development in Australia with an Australian organisation, government agency or foreign government agency? The Training visa (subclass 407) allows Australian organisation to sponsor people travelling to Australia to participate in occupational training activities, including classroom-based professional development activities. At least 18 years of... Continue Reading

Skill Assessment: Important Advice On Your Occupation

Many visa applications require you to gain a suitable skills assessment. Skills assessments are required for those applying for General Skilled Migration (GSM) visas and for may be required for employer sponsored visas. Visas that skills assessments may be required for include: Skilled Independent visa (subclass 189) Skilled Nominated visa (subclass 190) Skilled Regional visa... Continue Reading

Parent Visa Requirement: Balance of Family Test

The Balance of Family (BoF) test is an integral requirement to parent visas. As the name suggests, this requirement looks at a family’s structure and determines a parent’s eligibility. It requires for the parent to be sponsored to have at least half of their eligible children residing in Australia. The BoF test affects: Parent visa... Continue Reading

TSS, ENS, RSMS Visas: Proving The Genuine Need Requirement

The genuine need requirement is integral to any employer sponsor visa; Temporary Skill Shortage (TSS) visa (subclass 482), Employer Nomination Scheme (ENS) visa (subclass 186) and Regional Sponsored Migration Scheme (RSMS) visa (subclass 187) nomination application. With the TSS and ENS application, the genuine need requirement is demonstrated directly to the Department of Home Affairs... Continue Reading

Student 500 Visa: Enrolment & Packaged Courses

The Student visa (subclass 500) is for applicants who are enrolled in a course of study, postgraduate research students in Australia who are required to remain in Australia until their thesis is marked or Foreign Affairs or Defence students supported by the DFAT/Defence. Naturally an important document when applying for the Student visa (subclass 500)... Continue Reading

TRT ENS 186 & RSMS 187 Requirement: From 2 Years to 3 Years

One of the major changes to the employer sponsored visa programme that came into effect on 18 March 2018 was the toughed requirement for holders of Temporary Skill Shortage (TSS) visa (subclass 482) and the now defunct (457 visas are still valid but no further applications can be made) Temporary Work (Skilled) visa (subclass 457)... Continue Reading

Temporary Skill Shortage 482 Visa: Labour Market Testing (LMT) Requirement

Alongside many other toughened requirements made under the introduction of the Temporary Skill Shortage (TSS) visa (subclass 482) to reinforce program objectives is the amendment to the Labour Market Testing (LMT) requirement.   Effective 18 March 2018 LMT is to be required for all TSS applications unless international trade obligations apply. There will no longer... Continue Reading

TSS 482, ENS & RSMS Visas: Salary Requirements

The market salary rate requirement has been redefined for the Temporary Skill Shortage (TSS) visa (subclass 482), Employer Nomination Scheme (ENS) visa (subclass 186), Regional Sponsored Migration Scheme (RSMS) visa (subclass 187). Now employers will need to meet the Annual Market Salary Rate (ASMR). Temporary Skilled Migration Income Threshold (TSMIT) requirements still apply. These altered... Continue Reading

Temporary Skill Shortage 482 Visa : Contract And Employment Requirements, And Can You Nominate Yourself Or Your Partner?

The contract and employment requirements for the new Temporary Skill Shortage (TSS) visa (subclass 482) are slightly altered from the previous Temporary Work (Skilled) visa (subclass 457). For those seeking to nominate themselves having started a business, or wish to nominate a partner, what are the rules? Under the short term and medium term stream,... Continue Reading

Temporary Skill Shortage TSS 482 Visa: New Non Discriminatory Recruitment Practices Requirement & Sponsor Obligation

One of the new requirements for the Temporary Skill Shortage (TSS) visa (subclass 482) is for sponsors not to engage in discriminatory recruitment practices. Read: Legislation released – TSS, ENS and RSMS visa Read: DOHA March 2018 updates – TSS, ENS and RSMS visas   Where it applies Making a standard business sponsor (SBS) application... Continue Reading

Standard Business Sponsor: Bar or Cancellation Assessment Factors

If you are a Standard Business Sponsor, you need to understand what could get you into trouble with the Department of Home Affairs (DOHA). Don’t take the risk of getting your sponsorship approval barred or cancelled. If you are already facing this unfortunate situation, this article will help you understand how the DOHA makes their... Continue Reading

Standard Business Sponsor: An Introduction to the Bar or Cancellation of Sponsorship

It isn’t only the applicant who can get into trouble with the Department of Home Affairs (DOHA). A sponsor who doesn’t follow the rules can have their sponsorship barred or cancelled. Whether or not you are in trouble, it is important to understand how the DOHA considers the circumstances under which they will consider barring... Continue Reading

Temporary Skill Shortage 482 Visa: New Work Experience Requirement

The new Temporary Skill Shortage (TSS) visa (subclass 482) requires applicants to have two years of prior work experience related to their nominated position. As mentioned in our previous articles on the TSS visa, the Department of Home Affairs (DOHA) will view this a bit flexibly, but what exactly is required?   Work experience in... Continue Reading

Occupation Lists: The Ultimate Guide

Are the occupation lists confusing you? Do you know all the visas that you may be eligible for and the conditions that come with them? We have created the ultimate guide. By occupation, you will be able to see which General Skilled Migration (GSM) visas and employer sponsored visas that you are eligible for alongside... Continue Reading

Assurance of Support (AoS) Income Requirements Changes

Effective 1 April 2018, changes were made to Assurance of Support which affects many sponsored visas, mostly commonly sponsored family visas such as Parent visas (all subclasses). Further changes are to come into effect on 1 April 2019, including a significant increase in security values. We covered these changes in our last article. In this... Continue Reading

Sponsored Visas: Assurance of Support (AoS) Made More Difficult

Regulation changes just keep coming. Australian visas are getting more and more complicated and difficult to attain, but that won’t stop immigrant hopefuls nor will it stop us working hard to help you open doors to your future in Australia. So here we are with another update. Never get left behind in news! Follow us... Continue Reading

Protection 866 Visa: LGBTI Cases

The topic of LGBTI can sometimes hit a raw nerve. In some countries homosexuality is illegal and/or members of the LGBTI community are treated with extreme hostility and abuse. Australia may have only recently voted yes to same sex marriage but has had LGBTI covered under the protection visa a long time now. If you... Continue Reading

An Introduction to the Protection 866 Visa

The Protection visa (subclass 866) is part of the Australian Humanitarian Programme. Australia has non-refoulement obligations under the 1951 Convention related to the Status of Refugees (Refugee Convention) and its 1967 Protocol, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights. Non-refoulement... Continue Reading

Partner Visa: Is Your Evidence on Family Violence Enough?

If you have applied for Partner visa (subclasses 100, 820 or 801) and you have or are facing family violence, please do not stay in your relationship out of fear of losing your visa. You are still eligible for a grant of your visa based on a special provision for those who are facing family... Continue Reading

Partner Visa: Grant of Visa Due to Family Violence

Have you applied for a partner visa but are now facing domestic violence? We are sorry that you are going through this. There is light at the end of the tunnel at least in terms of your visa; you may still receive a grant of your visa even though the relationship has broken down. It... Continue Reading

Partner Visa: No More Than 2 Sponsorships, No Less Than 5 Years Apart

Do you know about the sponsorship limitation for Spouse, Partner, and Prospective Marriage visas?  You can only have sponsored two approved spouses, de facto partners or fiancés? Further to this, you cannot have another sponsorship (whether you were sponsor or are sponsoring) approved under any of the Partner of Prospective Marriage visas for 5 years... Continue Reading

Temporary Skill Shortage (TSS) Visa: Condition 8607

Condition 8607 is a mandatory condition on the newly instated Temporary Skill Shortage (TSS) visa (subclass 482) that came into effect on 18 March 2018, replacing the Temporary Work (Skilled) visa (subclass 457). It requires that the holder must work only in their nominated occupation for which they were granted their TSS visa. Condition 8607:... Continue Reading

Legislation Released: More on TSS, ENS and RSMS Changes

Legislation was released around a week ago on the new Temporary Skill Shortage (TSS) visa (subclass 482), ENS and RSMS changes. Here we are with more details as to the new regulations on the following: Nomination applications Annual Market Salary Rate (AMSR) ‘Adverse information’ and ‘associated with’ Grounds for cancellation Approval as a Standard Business... Continue Reading

DOHA March 2018 Updates: TSS 482 Visa, ENS & RSMS Changes

Effective 18 March 2018, the Temporary Skill Shortage (TSS) visa (subclass 482) was introduced and Temporary Work (Skilled) visa (subclass 457) program will not longer be accessible. As there have also been significant changes made to the Employer Nomination Scheme (ENS) visa (subclass 186) and Regional Sponsored Migration Scheme (RSMS) visa (subclass 187), new forms... Continue Reading

Legislation Released : Temporary Skill Shortage (TSS) 482 Visa, ENS and RSMS Changes

It’s finally here. Commencing 18 March 2018, say goodbye to the Temporary Work (Skilled) visa (subclass 457) and hello to the Temporary Skill Shortage (TSS) visa (subclass 482). There are three streams to this new TSS 482 visa – short term stream, medium term stream and labour agreement stream. Also effective 18 March are some... Continue Reading

Visa Granted Whilst Outside Australia? Beware These Entry Related Conditions: Condition 8515

There are a few ‘entry related’ visa conditions that you should be aware of if you have obtained your visa whilst outside Australia. In this article we will discuss Condition 8515 “must not marry”. Read: Condition 8502 “must not enter Australia before specified person” Read: Condition 8504 “initial entry date”   Condition 8515 Condition 8515... Continue Reading

Visa Granted Whilst Outside Australia? Beware These Entry Related Conditions: Condition 8504

There are a few ‘entry related’ visa conditions that you should be aware of if you have obtained your visa whilst outside Australia. In this article we will discuss Condition 8504. Stay tuned for further editions where we talk about Condition 8515 “must not marry”. Read: Condition 8502 “must not enter Australia before specified person”... Continue Reading

Visa Granted Whilst Outside Australia? Beware This Entry Related Condition: Condition 8502

There are a few ‘entry related’ visa conditions that you should be aware of if you have obtained your visa whilst outside Australia. In this article we will discuss Condition 8502. Stay tuned for further editions where we talk about Conditions 8504 “First entry date”, 8514 “no material change in the circumstances” and 8515 “must... Continue Reading

Student Visa (Subclass 500): Financial Capacity Requirement

The financial capacity requirement is an important criterion when the Department of Home Affairs (DOHA) is assessing a Student visa (subclass 500) application. The applicant must have genuine access to sufficient funds to cover the expenses that they and any accompanying family members may incur during their intended stay in Australia. All applicants are required... Continue Reading