The partner visa application options for Australia are:
If you have read through the partner visa options and have doubts or questions, please contact us for an initial consultation. We often see ‘do it yourself’ cases that become complicated unnecessarily and some simple advice through consultation may have avoided delays and complications.
Due to the large volume of applications and some unscrupulous activities within the partner program, the immigration department review all partner applications in detail. If you receive a ‘request for further information’ or ‘invitation to comment’ notice, engaging assistance from a Migration Agent with experience in partner applications can assist with addressing the request and getting the application back on track.
Not one relationship or set of circumstances are the same. If you have any complications, issues or general concerns, we can help. We have successfully handled applications with the following complications:
If you believe you qualify for one of the above visas and want some further information and assistance, please contact us via our online enquiry form.
Under the 457 visa (closed to new applications) and TSS Visa program, Australian businesses that are approved as Standard Business Sponsors are subject to sponsor obligations. Sponsor monitoring occurs when the Department of Home Affairs conducts visits or inspections on the approved sponsor’s business. Sponsor monitoring can also occur when information has been provided to the Department of Home Affairs by a third party.
Alarmingly some approved sponsors are not familiar with the sponsor obligations and by the time the are subject to an audit, random visit or an investigation, the failure of the sponsor obligations may already be significant to the point where sanctions and administrative action can be taken. If you are an employer you can seek advice on your sponsor obligations with a registered Migration Agent. An audit of operations and record keeping can be conducted and any shortcomings can be identified and addressed before a significant breach occurs.
If you are already subject to a sponsor monitoring exercise, and have received a request for further documents or invitation to comment from the sponsor monitoring unit, you should consider seeking advice and assistance from a registered Migration Agent that has experience in this area.
We have successfully assisted sponsors with monitoring requests and can provide initial consultation and further assistance if you require a self audit or need to respond to a formal request from the Department of Home Affairs.
If you want some further information and assistance, please contact us via our online enquiry form.
Visa cancellation or notice of intention to consider cancellation can be a daunting concept. The meaning of cancellation; and its synonyms; termination, invalidation, elimination and deletion, give indication to a decisive and final determination. However this is not always the case. If you are faced with a notice of intention to consider cancellation (NOICC) or notice of visa cancellation, a Migration Agent with experience in responding to visa cancellation notices and visa cancellation appeals should be considered. Careful review of the notice and a well-constructed response or appeal can result in avoiding visa cancellation or having a decision to cancel overturned through the Administrative Appeals Tribunal (AAT).
Often a cancellation notice comes with a time frame and deadline to respond. It is therefore critical that you contact an experienced agent as soon as you feel there may be an issue or on receipt of any notice from the Department of Home Affairs (DoHA). In addition, cancellation while inside Australia will generally result in cancellation of any other bridging visas held by a person. Effectively without a visa the immigration status becomes that of ‘unlawful’. Handling the associated bridging visa application process while seeking review of cancellation decision is also important and an experienced Migration Agent will be able to assist you with this process.
If you have unfortunately received a notice of intention to cancel or been subject to visa cancellation, please contact us via our online enquiry form if you require assistance.
There are a number of skilled work visa options available under the Australian visa program. The employer nominated/sponsored options are outlined in separate sections of our website and include:
Employer sponsored visas make up a significant percentage of annual visas approved, however some individuals may be better placed to pursue a more general and other skilled migration options including:
– Sponsored by an eligible relative: for family sponsored the family member must be an Australian Citizen or permanent resident, a close family member and be living in a postcode designated regional area. In addition family sponsored applicants must have an occupation on a Skilled Occupation List.
– Sponsored/nominated by an Australian State or Territory Government agency.
For Small Business Owners in Queensland, a new Small Business Owners (SBO) pathway was open to applications on 11 December 2019. Please note that the SBO pathway is currently only available to applicants who will be located in designated regional Queensland.
The 491 visa does not grant immediate permanent residency, however a 491 visa holder may be eligible to apply for the new Permanent Residence (Skilled Regional) Visa (subclass 191) (open to applications from 16 November 2022).
The above skilled work visa options operate under an Expression of Interest (EOI) process where individuals submit an expression to apply for the relevant visa. Twice a month the Department of Home Affairs provide invitations to apply. Noting this process, we outline the following important considerations if you are considering pursuit of general skilled work visa:
1. Documents to support the claims should be attained and available before submitting the EOI for example:
– Applicants claiming points for English ability must have results from a relevant prescribed test to support these points. This includes applicants from English speaking countries.
– Positive skills assessment in the nominated occupation must be attained.
– Documents to support the previous employment history should be available.
2. An EOI is not a visa application. If you are inside Australia lodging an EOI and your visa is due to expire you are not entitled to a Bridging Visa to remain in Australia while awaiting an invitation to apply.
3. There is no set time frame in which you will receive an invitation to apply nor are you guaranteed to receive an invitation. EOI’s are valid for 2 years and if application for the relevant visa is not made before the EOI expires, a new EOI will need to be re-lodged.
4. You should be confident of supporting the points being claimed in the EOI. The pass mark is 65 points however if 80 points are claimed and on assessment of supporting documents concludes that you can only attain 70 points, the application is likely to be refused. This can occur if claims are made for English ability or employment history and the supporting documents do not support the claims.
5. Skills assessment, English Language and other elements of the criteria are at time of invitation requirements. Even if the skills assessment is positive, if it is attained after the date of invitation the application can be refused.
If you believe you qualify for one of the above visas and want some further information and assistance, please contact us via our online enquiry form.
The Employer Nomination Scheme subclass 186 visa (ENS) is a permanent migration visa. As the name suggests it requires nomination from an Australian employer. The process is similar to the subclass 457 program (closed to new applications) and TSS visa being that an Australian employer must lodge an application for approval of nomination for the skilled position and the skilled worker lodges a visa application to fill the nominated position. Within the program there are three distinct streams:
The TRT stream is for skilled workers that hold a subclass 457 or TSS Visa subclass 482 visa and have been working in the skilled position with the same nominating employer for at least 3 years. Changes were made on 18 March 2018 following the Australian Governments reform to skilled employer sponsored visas. As a result of these changes there are a number of variations to the eligibility for ENS under the TRT stream. The pathway to pursue and whether an individual is eligible depends on a number of factors.
There are exceptional circumstances where the TRT stream may be satisfied if the employer has changed but the position has remained the same.
The DE stream is for skilled workers located in or outside Australia which are nominated by an Australian employer for a skilled position. Changes were also made to the DE stream requirements on 18 March 2018.
The Labour Agreement stream is for applicants which may not satisfy the requirements of TRT or DE Streams and demonstrate special exemptions that have been approved by the Minister for Immigration.
Each business and individual circumstances must be taken into account when selecting and pursing an Employer Nomination Scheme visa application. Failure to identify and pursue the correct stream can be costly and significantly complicate what could otherwise be a positive application decision. With the reform changes and transitional arrangements in place for previous 457 visa holders, it is more important than every to seek professional assistance before commencing the process for ENS.
If you believe you qualify for the above visa and want some further information and assistance, please contact us via our online enquiry form.
If a visa or nomination application is refused or you have had your visa cancelled, it may be a decision which can be reviewed through the Administrative Appeals Tribunal (AAT). There is a critical time frame between a decision being made by the immigration department and lodging an Administrative Appeals Tribunal application for merits review. This time frame cannot be extended, therefore it is important that you seek advice and assistance at the earliest opportunity. This is critical in ensure your Administrative Appeals Tribunal application is submitted on time, in the correct manner.
It is also important to note that alternative and in some cases, additional options may be available.
We have had great success in attaining favourable decisions through the AAT and can review your circumstances to advise on the prospects of a review application.
If you want some further information and assistance, please contact us via our online enquiry form.
