Author Archives: carol

TRAVEL BANS

The current travel bans for those arriving from Mainland China, Iran, South Korea and Italy remain in place.

As of midnight tonight, 15 March 2020 all those arriving in Australia are required to self isolate for 14 days. Some states have already introduced heavy penalties for those who do not comply.

International cruise ships are now also banned from arriving at Australian ports for the next 30 days. Special arrangements are in place for airline and maritime crew staff where specific containment arrangements are in place.

Australian citizens and permanent residents

Australian citizens and permanent residents are not prevented from entering Australia at this stage. Those arriving in Australia will also be required to self isolate for 14 days.

Immediate family – spouses, minor dependents or legal guardians only – holding permanent visas may travel to Australia, however will be required to follow self-isolation guidelines.

Partners and immediate families of Australian citizens and permanent residents holding temporary visas.

Partners and immediate families of Australian citizens and permanent residents – spouses, minor dependents or legal guardians only – holding temporary visas are being dealt with on a case by case basis by the Department.

Before attempting to travel contact should be made with the relevant post using the Australian Immigration Enquiry Form provided on the Department’s website.

Visa holders onshore

The Department has to announce that onshore visa holders wishing to extend their stay in Australia should apply for an ‘appropriate’ visa. In many cases this may be a visitor visa.

No Further Stay waiver conditions 8503, 8534 and 8535

The Department has also announced that extra resources have been diverted to the No Further Stay waiver section to deal with the increased volume of requests for waivers to allow onshore visa holders to extend their stay.

A No Further Stay waiver may be made using Form 1447 and emailing to NoFurtherStayWaiverRequest@homeaffairs.gov.au

MIA members are reporting the waivers are generally being processed within days.

Visa holders offshore

Visa holders offshore required to enter Australia by a specified date.

Visa holders required to enter Australia by a specified date and prevented from doing so by the travel restrictions should contact the section of the Department that issued the visa and request an extension to the entry date.

Details for Departmental contact mailboxes are listed on the MIA’s website under Member resources ‘Contacting the Department’. Members will need to log in using their password to access this section of the MIA site.

Bridging Visa B holders offshore

Bridging Visa B holders offshore unable to return before expiry date may consider applying for a visitor visa to return to Australia. Bridging Visas A should then be applied for again when onshore. 

SHEV, TPV and PPV holders offshore

SHEV, TPV and PPVV holders with travel conditions attached and who are affected by travel restrictions should contact the Department as soon as possible by emailing travel.request@homeaffairs.gov.au

The Department will consider individual circumstances and assist where possible with extensions to return dates or delay in travel dates as appropriate.

Applicants required to be onshore for lodgement of visa

Applicants required to be onshore for the lodgement of visa will need to assess whether travel to Australia and 14 days self-isolation onshore is viable to their specific situation.

Those wishing to travel from countries where Australia already has travel bans in place, will be required to spend at least 14 days in a third country where travel bans to Australia are not in place before proceeding to Australia

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RSMS (187) Visa

 

RSMS (187) Visa

The RSMS (187) Visa is an employer sponsored visa designed to fill genuine skills shortages in regional and rural Australia.

The RSMS (187) Visa is a permanent residency visa aimed at filling genuine skills shortages for employers in regional and rural Australia.

This visa application involves both the RSMS (187) Nomination application and the RSMS (187) Visa application.

RSMS (187) Nomination Application

As an employer sponsored visa, visa applicants must be sponsored by a regional or rural employer in a relevant occupation. The business must have a genuine need for the visa applicant to work in the business in the nominated occupation and have the financial viability to support that employment for at least two (2) years.

For this application, the business must show evidence of business operations, demonstrate the financial viability of the business, and show a genuine need for the position. This Nomination application must also include certification by the relevant regional certifying (RCB) body.  

There is no DHA fee for this RSMS (187) Nomination application. There is a fee for the RCB certification, with this fee being set by the relevant RCB.

RSMS (187) Visa Application

There have been a number of changes to the RSMS (187) Visa over the last 12 months, including recent changes to the work experience requirement. These work experience changes require visa applicants to have at least three (3) years full-time post qualification employment experience.

As well as this, visa applicants must also meet the age requirement of being less than 45 years of age at the time of application, the English level requirement of at least Competent English, meet the skill level and qualification requirements for the nominated occupation, and have a skills assessment if applicable.

There are further changes being made to this RSMS (187) Visa in July 2018, including mandatory skills assessments.

The DHA fee for this RSMS (187) Visa application is $3,705.97 (including online payment surcharge) for the primary applicant. The DHA fee for a partner is $1,852.98 (including online payment surcharge). The DHA fee for a dependent child is $1,852.98 (including online payment surcharge) if they are over 18 years of age and $929.02 (including online payment surcharge) if they are under 18 years of age

The current DHA processing time is 21-23 months from the date of application.

If granted, the RSMS (187) Visa requires the visa holder to make a genuine attempt to work with the employer sponsor for at least two (2) years.

Future Changes flagged for the RSMS (187) Visa

In May 2018, news circulated that the Australian Government was looking to amend this requirement for visa holder to make a genuine attempt to work with the employer sponsor for at least two (2) years. Whereby they would look at ‘binding’ RSMS (187) Visa holders to the rural or regional location that they were sponsored in. With the Department of Human Services Minister Alan Tudge stating that:

“We’re looking at ways that we can effectively bind people to the regions if they’ve got a sponsorship to go to those locations.” 

Although the Australian Government has not outlined what these changes would look like in practice.

If you want more information about the changes to the RSMS (187) Visa as either an employer sponsor or visa applicant, then get in touch with us. 

You can email us at admin@carolshipwaymigration.com.au and we can make a time to chat via Skype or in person. Alternatively, you can call our Head Office on +61 7 4041 1580.

We look forward to hearing from you. 

The information contained in this blog post is based on the current migration laws and regulations at the time of publishing. The information contained, or lack thereof, should not be relied on by anyone as immigration assistance or immigration legal advice or legal advice. Carol Shipway Migration Services and its Registered Migration Agents and Lawyers expressly disclaim any liability that arises at law in equity, tort, or otherwise, for any information published in this blog. People seeking immigration assistance should contact their Registered Migration Agent. People seeking immigration legal advice or legal advice should contact a lawyer. The copyright of this blog belongs to Carol Shipway Migration Services and no part of this blog should be reproduced by any means without the written consent of Carol Shipway Migration Services.

A Focus on Skilled Independent Visas

Skilled Independent Visas

Skilled Independent Visas

Skilled Independent Visas may provide positive options for visa pathways to live and work in Australia.

While there have been some negative reports about the Australian Government wanting to reduce immigration intakes, there are also other reports to show a great support for Skilled Independent Visas.       

A research paper from Treasury and the Department of Home Affairs, titled Shaping a Nation, found that there are many benefits to Australian businesses and the Australian economy. Including having skilled migrants from overseas as they come to Australia with diverse skills and cultural innovation. 

Overall, the research paper identifies that the ‘increased diversity that migrants bring is likely to play an important role in helping Australian businesses to innovative in the face of intensified global competition and technological change’.

Skilled Independent Visas

With significant changes to the employer sponsored visas, including RSMS (187), ENS (186), and the TSS (482) Visas, we believe that for many skilled people from overseas the Skilled Independent Visas may provide positive options for visa pathways to live and work in Australia.

These visas are:

These visa categories are not employer sponsored. This means you would need to find an employer in Australia, and in the case of the Skilled Nominated (190) Visa you would need to work in the state or territory in Australia that nominated you.

Further, to qualify for these skilled visas, your occupation needs to be on the relevant skilled occupation list. You must also pass the Points Test before being invited by the Australian government to apply for a visa.

Our team of Registered Migration Agents provide an initial free assessment on your points score and eligibility for the Skilled Independent Visas.

If you would like a free assessment, please get in touch with us.

You can email us at carol@carolshipwaymigration.com.au and we can make a time to chat via Skype or in person. Alternatively, you can call our Head Office on +61 7 4041 1580.

We look forward to hearing from you and assisting you with your migration journey to Australia.

 

Disclaimer

The information contained in this blog post is based on the current migration laws and regulations at the time of publishing. The information contained, or lack thereof, should not be relied on by anyone as immigration assistance or immigration legal advice or legal advice. Carol Shipway Migration Services and its Registered Migration Agents and Lawyers expressly disclaim any liability that arises at law in equity, tort, or otherwise, for any information published in this blog. People seeking immigration assistance should contact their Registered Migration Agent. People seeking immigration legal advice or legal advice should contact a lawyer. The copyright of this blog belongs to Carol Shipway Migration Services and no part of this blog should be reproduced by any means without the written consent of Carol Shipway Migration Services.

Australian Partner Visas after Legalising Same Sex Marriage

Same sex marriage was legalised in Australia on 07 December 2017.

Following this, changes were made to Australia’s Partner and Prospective Marriage Visas. These changes now provide more visa options for couples in same sex relationships to either apply for a Partner Visa on the basis of being married or apply for a Prospective Marriage visa to marry in Australia.

From 09 December 2017, same sex couples can apply for partner visas on the basis of being a ‘spouse’ instead of only being considered ‘de facto partners’. These changes applied to the Partner (820/801) Visa for onshore applications and the Partner (309/100) Visa for offshore applications.

These changes also mean that same sex couples can apply for a Prospective Marriage (300) Visa offshore if you and your partner genuinely intend to marry in Australia and be together as a couple.

The requirements for the Partner visa and the Prospective Marriage visa are a bit different. Partner visas are for couples who are already in a genuine and continuing relationship and are either married or have been in a de facto relationship for at least one (1) year.

Whereas the Prospective Marriage (300) Visa is for couples who have met in person since turning 18 years of age, are engaged to marry, and genuinely intend to marry and be together in Australia. If you are granted a Prospective Marriage (300) Visa, you then have to apply for a Partner (820/801) Visa after you marry and within nine (9) months of arriving in Australia.

Overall these changes provide more options for same-sex couples to be together in Australia.

If you want to learn more about these changes and assess your eligibility for a Partner (820/801) Visa, Partner (309/100) Visa, or Prospective Marriage (300) Visa then get in touch us as we would be more than happy to help you.

You can email us at admin@carolshipwaymigration.com.au and we can make a time to chat via Skype or in person. Alternatively, you can call our Head Office on +61 7 4041 1580.

We look forward to hearing from you and assisting you and your family with your migration journey to Australia.

 

The information contained in this blog post is based on the current migration laws and regulations at the time of publishing. The information contained, or lack thereof, should not be relied on by anyone as immigration assistance or immigration legal advice or legal advice. Carol Shipway Migration Services and its Registered Migration Agents and Lawyers expressly disclaim any liability that arises at law in equity, tort, or otherwise, for any information published in this blog. People seeking immigration assistance should contact their Registered Migration Agent. People seeking immigration legal advice or legal advice should contact a lawyer. The copyright of this blog belongs to Carol Shipway Migration Services and no part of this blog should be reproduced by any means without the written consent of Carol Shipway Migration Services.