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A new Temporary Activity Visa Framework will commence on 19 November 2016, integrating the seven existing temporary activity visa subclasses into four.

Subclass 400 Temporary Work (Short Stay Specialist) visa

This visa would be for people who want to come to Australia on a temporary basis to:

  • undertake short-term, highly specialised, non-ongoing work
  • in limited circumstances, participate in an activity or work relating to Australia’s interests.

Subclass 403 Temporary Work (International Relations) visa

This visa would be for people who want to come to Australia on a temporary basis:

  • in relation to a bilateral agreement
  • to represent a foreign government or to teach a foreign language in an Australian school
  • to undertake full-time domestic work for a diplomat
  • as a person with statutory privileges and immunities
  • to participate in the Seasonal Worker Programme.

Subclass 407 Training visa

This visa would be for people who want to come to Australia on a temporary basis to undertake occupational training or participate in classroom based professional development activities.

Subclass 408 Temporary Activity visa

This visa would be for people who want to come to Australia on a temporary basis to:

  • work in the entertainment industry
  • participate in a non-ongoing cultural or social activities at the invitation of an Australian organisation
  • observe or participate as an academic in a research project
  • undertake full-time religious work
  • participate in a special programme to enhance international relations and cultural exchange
  • participate in high-level sports (including training)
  • work in a skilled position under a staff exchange arrangement
  • participate in an Australian government endorsed event
  • work as a superyacht crew member
  • undertake full-time domestic work in the household of certain senior foreign executives.

Five visa subclasses will cease from 19 November 2016: Subclass 401 Temporary Work (Long Stay Activity), Subclass 402 Training and Research, Subclass 416 Special Program, Subclass 420 Temporary Work (Entertainment), and Subclass 488 Superyacht Crew.

The framework will reduce red tape by removing sponsorship and nomination requirements for specific short stay activities.

Please note that applications lodged before 19 November 2016 will be processed under pre-19 November 2016 legislation. However, applications for visas made after 19 November cannot be linked to nominations approved prior to 19 November 2016.

What will Australia’s population will look like in 2050?

Actually, it would have a mind-boggling number of maturing retirees unless, movement levels are kept up if not expanded so as to moderate the nation’s rate of maturing, as per a late cover the SBS.

The straightforward reason is that movement acquaints instant youthful work with the economy and manages the issue of a maturing nearby populace, conspicuous Australian demographer, Professor Peter McDonald told the SBS. A report by the Migration Council of Australia a year ago said that Australia needs to draw in more talented vagrants in the request of 250,000 a year to help the economy and manage future development.

With the present relocation approaches focussing on gifted work, the Australian movement program efficiently and ceaselessly presents working matured grownups with the pertinent abilities to prop up the economy and manage the nation’s maturing populace.

The genuine threat is that as Australia’s populace gets more established and more individuals leave the workforce, Australia’s Real GDP per capita could fall if there is no change in labor efficiency.

“You need to run harder with the profitability part, or make us a tad bit more youthful. You do that through relocation. On the other hand, you can keep individuals working obviously as well.” Prof McDonald said.

He clarified that the movement in Australia’s populace dispersion is basically because of rates.

“The Australian conception rate was high amid the Baby Boomer years,” Prof McDonald said.

“From the 1970s onwards, the conception rate went to a lower level.”

Prof McDonald told the SBS that the Baby Boomers – who made a vast under-20s lump amid the 1970s – had now begun to enter retirement. The Baby Boomers will keep resigning throughout the following decade.

On top of that, we are living longer, Prof McDonald said.

“We’re a great deal more inclined to be living in the 80s and 90s than we have before.”

He said the more seasoned era today was more advantageous than more seasoned eras of times past, to a limited extent on account of less overwhelming drinking and smoking all through individuals’ lifetimes.

Expanded access to therapeutic care and medications, which has permeated society to control illness all the more adequately, has been a critical improving.

The Temporary Graduate visa (subclass 485) lets you live, study and work in Australia temporarily after you have finished your studies. Students are only able to access the Temporary Graduate visa (subclass 485) once as a primary applicant.

Graduate Work stream:

for international students who graduate with qualifications that are closely related. A visa in this stream is granted for 18 months.

Post-Study Work stream:

for international students who graduate with an eligible qualification. This stream is only available to students who applied for and were granted their first student visa on or after 5 November 2011. A visa in this stream can be granted for up to four years, depending on the qualification obtained in Australia.

Two-year Australian study requirement

It is possible to apply for a GSM subclass 485 visa, whether under the Post-Study Work stream or Graduate Work stream, on the basis of having completed studies after at least two years in Australia. Under Schedule 6D points are also available to applicants completing qualifications after at least two years of study in Australia.

Common criteria to meet in both the Graduate Work stream and Post-Study Work stream

The applicant must satisfy common criteria for the grant of a visa, which are found in Schedule 2 to the Regulations.

Common requirements are:

  • the main applicant must not have previously held a subclass 476 or 485 visa on the basis of satisfying the primary criteria;
  • when the application was made, it was accompanied by evidence that the main applicant had competent English;
  • when the application was made, it was accompanied by evidence that all applicants aged 16 or over included in the application had applied for Australian Federal Police checks in the 12 months before the application is made;
  • when the application was made, it was accompanied by evidence that all applicants included in the application had made arrangements to undergo medical examinations for the application;
  • when the application was made, it was accompanied by evidence that all applicants included in the application had adequate arrangements in Australia for health insurance. In addition, all applicants included in the application need to show that they have had adequate arrangements in Australia for health insurance since the time the application was made. That is, to cover the period when the application was made and when the Department is assessing the application (ie time of decision).
    • applicants who are also student visa holders may present evidence of a valid Overseas Student Health Cover (OSHC) policy at time of visa application to satisfy this criterion. However, OSHC is not acceptable at time of decision;
    • if the applicant moves from the student visa to a bridging visa when their student visa ceases, they will be required to obtain a non-OSHC policy to meet health insurance requirements for their subclass 485 visa application immediately after their OHSC ceases;
    • if the applicant is not a student visa holder when they make their application, OSHC is not acceptable evidence of health insurance;
  • all applicants must meet health, character and other public interest and special return criteria
  • all applicants must hold a valid passport, unless it would be unreasonable to require them to do so;
  • this visa subclass is subject to capping.

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The Abbott government today declared a pledge to expand the current outcast admission of 13,750 individuals to 18,750 by 2018.

The Government has affirmed the 12,000 spots it declared today will go ahead top of that past duty.

“We will move rapidly, however everybody who is resettled in Australia will be liable to the typical security, wellbeing and character checks,” said Prime Minister Tony Abbott.

“Our center for these new 12,000 perpetual resettlement spots will be those individuals most needing changeless security — ladies, kids and families from abused minorities who have looked for asylum in Jordan, Lebanon and Turkey… the most helpless of all.”

What is not clear is the means by which the spots will be designated given the recommendations by some in the Government that the center of its admission should be minorities that are to a great extent Christian. Government backbencher Cory Bernardi prior supported that approach saying that “The most helpless individuals in the Middle East are mistreated Christians, ladies, kids and families.”

More than 200,000 individuals have been executed and an expected 4 million have been constrained from their homes in the midst of battling between Syrian President Assad’s powers, Islamic State and other Islamist aggressors, and other renegade gatherings.

Bureau priest Christopher Pyne showed today that the Government was not centered around singling out one religious gathering in its stipend of compassionate visas.

“Religion is not the issue here, the issue is mistreated ethnic and religious minorities,” he said.

Arrives any approach to maintain a strategic distance from the cancellation of an understudy visa when the visa holder ruptures a visa’s state that obliges him to be enlisted in an enrolled course all through the length of time of the visa?

This was the difficulty that defied the visa holder on account of Karki v Minister for Immigration and Border Protection & Anor, (2015) FCCA 1940 (20 July 2015). Sadly for the visa holder, the condition’s rupture drove the Department to cross out his understudy visa in the first occurrence, and that cancelation was attested both by the Migration Review Tribunal (as it was then known) and by the Federal Circuit Court.

On the other hand, the choice does highlight some conceivable “getaway courses” that may be depended on by the holders of understudy visas to safeguard their visas against cancellation and along these lines to keep up their privilege to stay in Australia to proceed with their studies.

The case’s foundation was that the visa holder was an understudy from Nepal who had been selected in a four year certification program in bookkeeping. He had initially been allowed an understudy visa and had started his studies in July 2011. Then again, he was not able to pay his course expenses for the second semester of 2012. The visa holder asserted that he couldn’t bear to pay the charges in light of the fact that his mom had turned out to be sick, and his family required the cash to pay for her therapeutic treatment. In spite of the fact that the instruction supplier permitted him to begin his studies for the second semester of 2012 on the condition that he pay the expenses by June 2012, when he didn’t do as such his enrolment was crossed out.

Considerably, the MRT found that the need to pay for the mother’s therapeutic treatment emerged in December 2012, a period 6 months after the course charges were obliged to be paid.

Around a year after the understudy’s enrolment in the course was wiped out, in July 2013, the Department issued a Notice of Intention to Consider Cancelation of his understudy visa. In the wake of furnishing the understudy with the chance to react to the Notice of proposed cancellation, the Department presumed that the visa holder’s break of the condition that obliged him to stay selected in an enrolled course was not because of “excellent circumstances outside his ability to control”. In this way the Department continued to wipe out the understudy visa.

In the Federal Circuit Court, the visa holder tested a choice of the MRT insisting the cancelation of his understudy visa on the premise that it was “doubtlessly vile” in the circumstances. It was his claim that the MRT ought to have considered “deductions”, in light of the way that family subsidizes had been expected to pay for the restorative treatment for the understudy’s mom in December 2012, that supports were additionally needed to pay for her medicinal treatment 6 months prior, in June 2012. In any case, the Federal Circuit Court inferred that, without confirmation concerning real medicinal costs in June 2012, the MRT was not needed to make derivations that those costs existed around then.

The Court likewise presumed that the MRT was qualified for confirm that the visa holder’s inability to stay enlisted in the course because of absence of trusts was not a situation that was “outside his ability to control”, on the premise that it was his obligation, “as an abroad, full-charge paying understudy” “to guarantee ownership of fundamental stores”.

Alternate components that the Federal Circuit Court observed to be noteworthy motivations to maintain the MRT’s choice attesting the understudy’s cancelation visa incorporated the visa holder’s inability to make strides, for example, looking for postponement of his studies, or reaching the Department to talk about his alternatives for keeping his understudy visa set up.

It additionally clearly did not assist the with visaing holder’s cause that he didn’t re-enlist in a course for almost a year, from June 2012 when the instruction supplier crossed out his enlistment because of non-installment of expenses, until August 2013.

Besides, the Court clearly found that it was sensible for the MRT to dismiss the visa holder’s cases that his psychological wellness had been unfavorably influenced by his mom’s disease on the grounds that he had neglected to deliver free supporting proof from a specialist or a clinician concerning such issues.

Perusing “between the lines” of this choice, it gives the idea that the visa holder may have had a case that the medicinal issues confronting his family and his own psychological well-being issues truly did lie at the foundation of his inability to stay enlisted in an enrolled course. In any case, the trouble was that he didn’t create proof to the MRT to demonstrate these matters.

As opposed to giving confirmation that his family really was not able to give him cash to pay his educational cost in June 2012, he rather looked to get the MRT to acknowledge an “induction” that in light of the fact that the family couldn’t give the trusts in December 2012, it should likewise have essentially taken after that it couldn’t have gave the stores 6 months prior.

Besides, as opposed to depending on an uncovered, unsupported declaration that his mom’s sickness had made him endure “emotional well-being issues” which added to his inability to stay enlisted in the course, the visa holder would have been vastly improved served to think of genuine narrative confirmation from medicinal experts to demonstrate this case.

The circumstance that the understudy visa holder wound up for this situation – where the cash that is expected to pay course expenses out of the blue gets to be occupied because of a sickness or other money related crisis in the family – is presumably not in any way strange.

It does show up, once more “finding for some hidden meaning” of this court choice, that if the understudy had drawn closer his training supplier and had looked for a provisional postponement of his studies, or in the event that he had reached the Department and transparently and honestly talked about his circumstance and looked for the Department’s direction about steps he could take, that he may have possessed the capacity to maintain a strategic distance from the cancellation of his visa.

In this manner, this choice gives both a “useful example”, and a “guide”, for different understudies who may wind up in such a troublesome position.

The Q&A below covers subclass 309/100 visas and prospective marriage visa subclass 300

Can I lodge my partner visa application in Australia?
You should enter Australia on an appropriate visa for your intended purpose and length of stay. If you are intending to move to Australia and live there permanently, you should obtain an appropriate migration visa before you go.

Please note: If you have a “no further stay” condition on your temporary visa, it may not be possible to apply for a further visa from within Australia.

How long will processing of my Partner application take?
The current expected processing time for Partner Migration at the Australian Embassy, Berlin is at least 10-14 months from the date you lodged your application – for most cases. Note that actual processing times will vary due to a variety of factors, and more complex cases which require an interview or referral of documents in relation to health and character requirements will take much longer.

The minimum processing time is based on the number of applications currently awaiting processing and the planning levels available in the family stream of the Australian migration program, which is set by the Australian Government each year.

The department currently receives more applications than there are places available in the family stream of the migration program. This means that there is some increase in processing times for these visas. It is therefore recommended that you do not take any irreversible action during the processing of your application, such as ceasing employment, selling property or purchasing airline tickets.

Can my application be processed sooner?
Applications are processed in the order they are received and there is little scope to process applications earlier. If you feel you have compelling or compassionate reasons why your application should be processed earlier, please provide a written statement to your case officer outlining those circumstances. It should be noted that as a general policy, circumstances such as employment in Australia; schooling for children; pregnancy; selling your house; or separation from your partner is not considered compelling or compassionate.

What documents should I provide as evidence of identity and marital status?
You should provide certified copies of the usual documents of identity that are required in your country of birth (or residence, where relevant), which must be translated into English if they are not in English already.

If available in your country, you may also provide multilingual or international civil status records, (for example birth, marriage, death certificates) providing English is one of the languages on the record.

Some European countries will also provide an extract of the population register instead of a birth certificate, and this is acceptable if it includes details of your parents, and is translated into English or in English.

You should include certified copies of your bio data page of passport or travel document. Please ensure the copies are high quality colour copies.

Certified copies 
Some of the documents you need to submit for your partner migration visa application have to be submitted as certified copies. ‘Certified copies’ are copies authorised, or stamped as being true copies of originals, by a person or agency recognised by the law of the country in which you currently reside. The appropriate certifying authorities vary from country to country. Some country specific information is available.

See: Certified Copies

Translations
Original documents in languages other than English must be accompanied by an English translation. The English translations must be appropriately endorsed translations. In Australia, translators must be accredited by the National Accreditation Authority for Translators and Interpreters. Their accreditation details must be recorded on the translation. Translations provided by non-accredited translators outside Australia should be endorsed by the translator with their full name, address, telephone number, and details of their qualifications and experience in the language being translated.

Will you confirm receipt of my documents?
To confirm receipt of your documents, it is recommended you send them via courier or registered mail. As a general practice, we will not confirm receipt of your documents.

What evidence should the sponsor provide regarding Australian citizenship or permanent residence 
As evidence of your sponsor’s Australian citizenship you should submit a certified copy of the bio data page of his/her passport, Australian citizenship certificate or Australian birth certificate. If your sponsor is a permanent resident of Australia, please submit a certified copy of his or her passport.

My children are Australian citizens – do I need to include them in my migration application? 
If your children are Australian citizens they cannot be granted a visa and should travel to Australia on an Australian passport. When you complete the application form 47SP you should declare all of your children on the form, but children who are Australian citizens are not included as applicants and should be marked as ‘not migrating’ even if they will be accompanying you to Australia.

Relationship evidence 
Every relationship is different and we may need different kinds of documents to make an assessment of your application. Your case officer will contact you once he/she has made an assessment of the submitted documents and if further documentation is necessary. For further information on the kind of documents you should normally include in your application, please use the step-by-step guide on our webpage.

See: Migrating as a Partner

We have not lived together for 12 months, but would like to apply for a de facto partner visa – is that okay? 
To be granted a Partner visa as a de facto partner (opposite-sex or same-sex), you and your sponsor must show that you have been in a committed de facto relationship for the entire 12 months immediately prior to lodging your application.
Note that this 12 month period is assessed from the time the relationship became a de facto partner relationship, and not from the time you first met.

Please read Fact Sheet 35 “One-Year Relationship Requirement” before you lodge your application to determine whether this is the correct visa category for you.

See: Fact Sheet 35  One-Year Relationship Requirement

I want to apply for a de facto partner visa, but I’m still married to someone else. Is that a problem? 
To apply for a Partner visa as a de facto partner (opposite-sex or same-sex), you and your partner must show that you have been in a de facto partner relationship for the entire 12 months immediately prior to lodging your application and that this relationship was to the exclusion of all others. If either you or your sponsor are still married to another person at the time of lodgement of a de facto partner visa, you will need to provide evidence that your previous relationship is no longer ongoing.

What if the sponsor has sponsored someone to Australia before?
Sponsorship limitations: You may not be able to sponsor your partner if you have previously sponsored 2 other partners for migration to Australia; or have sponsored another partner within the last 5 years or were sponsored as a partner yourself within the last 5 years;
You may still be permitted to sponsor your partner in compelling circumstances, such as:
If your previous partner has died or abandoned the relationship leaving young children;
if your relationship with your current partner is long standing; or if you and your partner have children of your relationship.

Note that this cannot be assessed prior to lodgement of an application.

When should I do the required medical examinations? 
Medical examination(s) with a panel doctor approved by the Australian Government will be requested as the assessment of your application progresses, and you will be given the relevant details at that time.

Can I do the medical examination with my own doctor?
No. Under no circumstances can we accept a medical examination conducted by a private doctor who has not been approved by the Australian Government.

How long is a Prospective Marriage, subclass 300, visa valid for? 
A subclass 300 Prospective Marriage visa is valid for 9 months from date of grant. You must marry the sponsor within the validity of the visa.

What if I get married while you are processing my Prospective Marriage (subclass 300) visa?
If you marry your partner before your Prospective Marriage visa is finalised there is a provision for you to be considered for a Partner visa without the need for you to lodge a new application. Please advise your case officer of your change of circumstances and you will be given further information at that time.

Can I travel to Australia while my Partner visa application is being processed? 
You may apply for other visas while your migration application is being processed. This will be assessed against the criteria for that visa subclass and will not affect the assessment of your migration application. Further information on other visas to Australia can be found on our website, www.border.gov.au.

Please be aware that if you enter Australia on a one way ticket you may be asked by Australian immigration authorities, on arrival at the airport, about your plans for departing Australia. If entering Australia on an ETA or Tourist visa the immigration officer will need to be satisfied that you are a genuine visitor. You would need to explain your intentions to the officer so that the officer is satisfied that you do not intend to stay beyond the period which your visa allows. This also applies if you have an ongoing application for a partner visa.

If your travel to Australia results in you spending a cumulative period of 12 months or more in Australia in the last 10 years, you will need to provide an Australian Federal Police (AFP) check before your visa can be granted. For further information, please see the following website:

See: http://www.afp.gov.au/what-we-do/police-checks/national-police-checks.aspx

Can my Partner visa be granted while I am in Australia?
No. If you have lodged your partner visa outside Australia, it is a legal requirement that you also be outside Australia at the time of visa grant. If you are in Australia when your visa is ready for grant, you will need to depart. You can depart for any country in the world and you should spend at least 4 working days outside Australia to allow for processing of your visa. Working days do not include Saturday, Sunday or Public Holidays. You should keep your case officer informed of your contact details.

After my visa is granted, do I have to travel to Australia by a certain date? What is the initial entry date? 
Yes. When your visa has been granted, you will be advised of your ‘initial entry date’ and it is a condition of your visa that you enter before that date. The date is based on the expiry date of your health and character checks which are generally valid for 12 months from the date they were issued. If you fail to enter Australia by the initial entry date you visa may be considered for cancellation, unless you have compelling reasons for not meeting that condition.

It is not possible to change the initial entry date on the visa after it has been granted.

What is two stage Partner processing? 
Applying for a Partner visa is a 2-stage process. You apply for a provisional (subclass 309) and permanent (subclass 100) visa at the same time. If you meet all the initial criteria, you will be granted a provisional Partner visa. This visa remains valid until a decision is made on your permanent visa application, which is generally 2 years after you initially applied for your visa. If you continue to meet all legal requirements, you will be granted a permanent subclass 100 Partner visa, usually after your arrival in Australia.

Can I get a permanent Partner (subclass 100) visa without waiting the 2 years? 
The two year waiting period can be waived if:
– at the time you apply, you have been in a Partner relationship with your partner for 3 years or more, or 2 years or more if there are children from your relationship.

Please note that the three year period is assessed from the time you started a committed married or de facto relationship with your partner, and NOT from the time that you first met or formed a casual relationship.

Your case officer will assess the evidence and documentation provided with your application to determine if you meet the requirements for waiver of the two year period. If you are granted the provisional subclass 309 visa, after two years you will be contacted by a case officer with regard to the assessment of your application for the permanent subclass 100 visa. This will be granted if you continue to meet the relationship requirements and other legal criteria.

 

DIBP has announced that from 18 April 2015, the minimum English language test scores for the Skilled – Recognised Graduate (subclass 476) and Temporary Graduate (subclass 485) visas will change.

This change means the ‘competent English’ requirement no longer applies to subclasses 476 and 485.

For applications lodged on or after 18 April for the sc485 and sc476, applicants must provide evidence of having achieved one of the following in a test taken in the three years immediately prior to lodging your visa application:

 

  • an  overall score of at least 6, with nothing below 5 in each of the four test components (speaking, reading, listening and writing) in an International English Language Testing System (IELTS) test
  • a score of at least ‘B’ in each of the four test components (speaking, reading, listening and writing) of an Occupational English Test (OET)
  • a total score of at least 64, with nothing below 4 for listening, 4 for reading, 14 for writing and 14 for speaking, in a Test of English as a Foreign Language internet-based test (TOEFL iBT)
  • an overall score of at least 50 with nothing below 36 in each of the four test components (listening, reading, writing and speaking) in a Pearson Test of English Academic
  • an overall score of at least 169 with nothing below 154 in each of the four test components (listening, reading, writing and speaking) in a Cambridge English: Advanced (CAE) test taken on or after 1 January 2015.

 

Only minimum English test scores will change. Applicants will still meet the English requirement if they hold a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland.

The Department of Immigration and Border Protection in Australia is warning that there are a number of scams which target people looking for visas and jobs.

‘We have been made aware of a wave of scam phone calls currently taking place. The people making these phone calls are impersonating officers from the department or other government organisations,’ a spokesman explained.

‘The caller will usually insist that a fine be paid immediately as a penalty for an alleged error committed by the intended victim. We can confirm that we will not ask for payment of fines or penalties by telephone,’ he added.

A common approach has seen visa holders receiving a phone call from an individual posing as an immigration official. The caller has the visa holder’s passport and date of birth, and claims that the date of birth recorded is incorrect and needs to be updated for a cost. The caller claims that the visa holder will be deported if they don’t make this payment.

‘Be aware this is a scam. If you receive a call of this nature, we advise that you hang up immediately and report the call to police in your state or territory, and to us on the Immigration Dob-in Service,’ the spokesman added.

The DIBP is also warning about scams that use email addresses ending in .pn’ claiming to be from the department. The scammer contacts a victim through a fake email address and claims to be from the department or another Australian Government agency.

The email address used by the scammer is not a genuine departmental email address and ends in .pn. For example, immi@govt.au.pn or australia@immigrationapproval.com.au.pn.

‘Victims can receive an email unsolicited, after they register their details on a job seeking website, or after responding to a non-genuine employment ad. The person targeted will be asked to provide personal documents to the scammer, and will then be asked to make a payment through Western Union money transfer,’ the spokesman pointed out.

The victim might be told they have been selected in a ‘resettlement programme’ through an ‘electronic ballot’. These scam emails have often been signed by a ‘Hon. Thomas Smith’.

The victim might be contacted by the scammer pretending to be from a company. The victim is then taken through a fake recruitment process, and told to contact the department through a non-genuine email address ending in .pn.

‘We will never send genuine emails from an email address that ends in .pn. We will not ask you to make a payment directly to the department through Western Union. We do not offer a resettlement programme through unsolicited emails or an electronic ballot. If you have received an email that matches this scam we strongly recommend not responding,’ the spokesman concluded.