Category Archives: Uncategorized

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

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.

Changes as at 1 July 2017 – key points

Keep updated with the latest changes in Australian Immigration Law and Policy via our Blog.

Latest News:

Notice from the Migration Institute of Australia issued today 26 June 2017.

Changes as at 1 July 2017 – key points:

  1. VAC increase for all visas
  2. Skilled Migration Visas – Subclass 189, 187 & 186 – maximum age lowered to 45
  3. English language requirements: All applicants require Competent English score of IELTS  score of 6 (or equivalent) in each component for both Temporary Residence Transition and Direct Entry

If you think you could be affected by these changes and contact our friendly team at Carol Shipway Migration Services ASAP:  admin@carolshipwaymigration.com.au