Australia, known for its stunning landscapes and vibrant culture, also offers a pathway to permanent residency for individuals in genuine relationships with Australian citizens, permanent residents, or eligible New Zealand citizens. The Australian Partner (Permanent) visa subclass 801 is a key to unlocking this opportunity. In this comprehensive guide, we’ll explore the intricate details of this visa, providing you with a clear understanding of the application process, eligibility criteria, and the benefits of obtaining this coveted visa 801.

Section 1: Understanding the Subclass 801 Visa

The Australian Partner (Permanent) visa subclass 801 is a testament to Australia’s commitment to keeping families together. It allows the partners or spouses of Australian citizens or permanent residents to live in Australia indefinitely. To comprehend this visa fully, let’s break down its key components.

Eligibility Criteria

To be eligible for the subclass 801 visa, applicants must meet specific criteria. This includes being in a genuine and continuing relationship with their Australian partner. The applicant should have already applied for and most of the time been granted a temporary Partner visa (subclass 820). Understanding these criteria is crucial before embarking on the application journey.

Section 2: Visa 801 Application Process

Navigating the Australian immigration system can be complex, but with the right guidance, the process becomes more manageable. Let’s delve into the step-by-step procedure of applying for the subclass 801 visa.

Navigating the Online Portal: A Step-by-Step Guide

Document Compilation: Building a Strong Case

One of the crucial aspects of a successful subclass 801 visa application is providing comprehensive and compelling evidence of the relationship. This evidence serves as the cornerstone of the application, offering the immigration authorities a glimpse into the genuine nature of the partnership. Documents may include joint financial records, shared utility bills, correspondence, travel itineraries, photographs, and affidavits from friends and family affirming the authenticity of the relationship. Each piece of evidence paints a picture of shared life, responsibilities, and experiences, reinforcing the bond between the partners.

Statutory Declarations and Affidavits: Testimonials of Love

Statutory declarations, also known as affidavits, play a significant role in the application process. These sworn statements, provided by the applicant, partner, and acquaintances, offer detailed accounts of the relationship. They encompass the story of how the partners met, their shared experiences, and future plans together. Well-crafted statutory declarations can add a deeply personal touch to the application, humanizing the relationship in the eyes of the immigration officers. Please remember as a bare minimum it is paramount to provide at least 2 statutory declarations from friends and family on form 888 and statutory declaration about the relationship from the sponsor.

Financial Documents: Demonstrating Commitment

Financial stability is a key element in proving the genuineness of a relationship. Joint bank accounts, shared loans, and evidence of financial support are vital. Applicants should provide comprehensive financial documents that clearly outline the partners’ shared economic life, showcasing their commitment to each other’s well-being and future.

Legal and Identity Documents: Establishing Legitimacy

In addition to relationship-specific evidence, applicants must include legal documents to establish their identity and legitimacy. This includes birth certificates, passports, marriage certificates (if applicable), divorce decrees (if previously married), and police clearances from all countries resided in for more than 12 months. These documents verify the applicant’s identity and help establish the legality of the relationship.

Professional Guidance: Navigating Complexities

Given the intricacies of the application process, many applicants seek the assistance of registered migration agents such as Nowak Migration. These professionals possess in-depth knowledge of immigration laws and can guide applicants through the process. From document compilation to form submission, their expertise can significantly enhance the application’s chances of success.

Section 3: Benefits of Subclass 801 Visa

Obtaining the subclass 801 visa offers a plethora of benefits, transforming the lives of the applicants and their families. Let’s explore these advantages in detail.

1. Permanent Residency: Once granted, the subclass 801 visa confers permanent residency upon the applicant. This means they can live and work in Australia indefinitely, enjoying almost the same rights and privileges as Australian citizens.
2. Access to Healthcare: Visa holders are eligible to enroll in Medicare, Australia’s national healthcare system, ensuring access to quality medical services. Actually once an applicant would apply for 820/801 they’d be eligible to enroll in Medicare.
3. Work and Study Opportunities: With permanent residency, individuals can work and study in Australia without restrictions. This opens up various career and educational avenues.
4. Pathway to Citizenship: After meeting the residency requirements, subclass 801 visa holders can apply for Australian citizenship. This grants them the right to vote and participate fully in Australian society.

Section 4: Visa 801 Challenges and Considerations

While the subclass 801 visa offers numerous advantages, applicants should also be aware of potential challenges. These might include the complexity of the application process, meeting financial requirements, and providing sufficient evidence of the relationship’s authenticity. Additionally, keeping up to date with changes in immigration policies and regulations is essential to a successful application.

Section 5: Applying for Subclass 801 Visa after the Relationship Ends

Family Violence and Children: Exceptional Circumstances

In the unfortunate scenario where a relationship with the sponsor no longer exists, applicants might still be eligible for the subclass 801 visa under exceptional circumstances. The Australian government, in recognition of the vulnerable situation of individuals, has put in place specific provisions to safeguard the rights and well-being of applicants, particularly in cases involving family violence or the presence of a child from the relationship.

Family Violence as Grounds for Visa 801

Consideration

Family violence is a grave concern and is taken very seriously by Australian immigration authorities. If an applicant has experienced family violence during the relationship, it is recognized as an exceptional circumstance. Family violence includes any form of physical, sexual, emotional, or psychological abuse. In such cases, applicants are encouraged to report the incidents to the authorities and seek support from relevant organizations. Immigration officers are trained to handle such cases with sensitivity and empathy, ensuring that victims are not penalized for the actions of their sponsors.

Children from the Relationship: A Protective Measure

The presence of a child resulting from the relationship further complicates the situation. Australian immigration policies are designed to prioritize the welfare of children. If there is a child from the relationship, the applicant’s eligibility for the subclass 801 visa is assessed with great care. The government recognizes the importance of maintaining stable environments for children and ensuring their access to proper care, education, and support.

Support and Advocacy for Vulnerable Applicants

Applicants facing family violence or dealing with the complexities of child custody are strongly encouraged to seek support from local organizations, social services, or legal professionals specializing in family law and immigration matters. These support networks can provide invaluable assistance, guiding applicants through the process, offering emotional support, and ensuring that their rights are protected throughout the visa 801 application process.

Documentation and Evidence: Building a Strong Case

In cases involving family violence or children from the relationship, providing comprehensive and well-documented evidence is crucial. Affidavits from support organizations, legal professionals, or counselors can strengthen the case. Additionally, medical records, police reports, court orders, and statements from friends or family members who are aware of the situation can serve as vital pieces of evidence. The more detailed and thorough the evidence, the stronger the case for the applicant’s eligibility for the subclass 801 visa under these exceptional circumstances. Nowak Migration has successfully handled cases involving family violence or children from relationship. If you require assistance, please do not hesitate to contact us for a confidential discussion about your situation.

Note: Applicants facing family violence or dealing with child custody issues should seek professional legal advice and support from local organizations specializing in domestic violence and family law. The Australian immigration authorities prioritize the safety and well-being of vulnerable applicants, and there are support networks in place to assist individuals in these challenging situations.

Conclusion

Obtaining the Australian Partner (Permanent) visa subclass 801 is a significant milestone in the lives of couples wanting to build a future together in Australia. By understanding the eligibility criteria, navigating the application process, and being aware of the benefits and challenges, applicants can approach this journey with confidence.

This guide has provided a comprehensive overview of the subclass 801 visa, but there is much more to explore. As you embark on this journey, consider seeking professional advice to ensure a smooth and successful application process. Remember, every step taken brings you closer to the opportunity of a lifetime – the chance to call Australia your permanent home.

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Navigating the intricate process of obtaining an Australian visa requires a deep understanding of various requirements. Among these, a fundamental step is the acquisition of a skills assessment. This pivotal procedure is designed to validate your qualifications and work experience, ensuring they align with the standards set by the Australian government. In this comprehensive guide, we delve into the significance of skills assessments, explore the diverse types available, and shed light on why they are indispensable for a seamless Australian visa application.

Understanding Skills Assessment

Definition and Process: At its core, a skills assessment is a meticulous evaluation of your educational qualifications, work experience, and skills, conducted by designated assessing authorities in Australia. This assessment is tailored to match your expertise with the requirements of your nominated occupation in Australia. Understanding the nuances of this process is crucial, as it forms the foundation of your visa application.

Types of Skills Assessments: There are various types of skills assessments, each catering to specific visa categories. For instance, the General Skilled Migration (GSM) program, which includes Subclass 189, 190, and 491 visas, demands a skills assessment from applicants. Additionally, employer-sponsored visas like Subclass 482, 494 and 186 have their unique assessment criteria. Familiarizing yourself with the specific type required for your visa is vital for a successful application.

Role of Assessing Authorities: Assessing authorities play a pivotal role in the skills assessment process. These entities are responsible for evaluating your credentials and determining if they meet the Australian standards for your nominated occupation. Different occupations are assessed by different authorities, each having its own set of guidelines and requirements. Researching and selecting the appropriate assessing authority is the initial step toward a successful assessment.

Importance of Skills Assessment for Australian Visa

Validation of Qualifications: A positive skills assessment acts as a robust validation of your qualifications. It provides assurance to the Department of Home Affairs that your educational background aligns with the Australian standards for your chosen occupation. This validation is a crucial determinant in the visa approval process.

Enhanced Visa Approval Chances: Possessing a positive skills assessment substantially enhances your chances of visa approval. It signifies to the immigration authorities that you possess the necessary skills and expertise required for your nominated occupation. Applicants with a positive skills assessment often receive preferential treatment during the visa selection process.

Streamlining the Immigration Process: A skills assessment not only validates your qualifications but also streamlines the immigration process. It ensures that your application meets the specified criteria, reducing the likelihood of delays or complications. A meticulously prepared skills assessment can pave the way for a smoother visa application journey.

How to Obtain a Skills Assessment

Step-by-Step Guide: Obtaining a skills assessment involves a series of well-defined steps. These steps typically include gathering essential documents such as academic transcripts, employment certificates, and language proficiency test results. Following a detailed, step-by-step guide provided by the assessing authority is crucial to preparing a comprehensive application.

Required Documents and Qualifications: Different assessing authorities have specific document requirements. Ensuring you provide accurate and complete documentation is imperative. These documents often include proof of academic qualifications, evidence of work experience, and language proficiency test results, such as IELTS or PTE scores. Meeting the minimum qualification standards set by the Australian government is essential.

Common Challenges Faced: Applicants often encounter challenges during the skills assessment process, such as document verification issues or ambiguity regarding qualification standards. Addressing these challenges proactively is vital. Seeking assistance from professional migration consultants or engaging with online forums where applicants share their experiences can provide valuable insights into overcoming common hurdles.

Tips for a Successful Application: Preparing a successful skills assessment application requires meticulous attention to detail. Ensuring all documents are accurate, complete, and well-organized is paramount. Additionally, staying updated with the latest guidelines and requirements from the assessing authority is crucial. Seeking guidance from experienced migration agents can provide you with valuable tips and strategies to enhance your application’s chances of success.

Navigating Skills Assessment for Different Visa Types

Skilled Independent Visas (Subclass 189, 190, 491): For skilled independent visas, applicants must undergo a skills assessment to demonstrate their qualifications and work experience in a nominated occupation. The assessment ensures that applicants possess the skills needed to contribute meaningfully to the Australian workforce.

Employer-Sponsored Visas (Subclass 186, 494): Employer-sponsored visas, such as Subclass 494 and Subclass 186 Employer Nomination Scheme visa, require a skills assessment tailored to the specific occupation. These assessments are designed to validate both the applicant’s qualifications and their relevance to the nominated position offered by an Australian employer.

Other Visa Categories: Skills assessments are not limited to skilled and employer-sponsored visas. temporary work visas, may require a skills assessment, depending on the nature of the course or occupation. Understanding the specific requirements for each visa category is crucial for a successful application.

Differences in Assessment Criteria: Each visa category has its unique assessment criteria. For example, skilled independent visas focus on the applicant’s ability to work independently, while employer-sponsored visas emphasize the applicant’s suitability for the nominated position within an Australian organization. Understanding these differences ensures that your skills assessment aligns seamlessly with your chosen visa category.

Understanding Assessing Authorities in Australia

Overview of Assessing Authorities: Australia has several assessing authorities, each responsible for specific occupations. Engineers Australia, the Australian Computer Society, and the Australian Nursing and Midwifery Accreditation Council are just a few examples. Each authority has a detailed list of occupations it assesses, and applicants must select the appropriate authority based on their nominated occupation.

Specific Requirements and Guidelines: Each assessing authority has its unique set of requirements and guidelines. These can range from minimum years of work experience to specific qualifications and even English language proficiency levels. Understanding these requirements in detail and aligning your application with them is crucial for a successful assessment outcome.

Challenges and Solutions in Skills Assessment

Common Challenges Faced by Applicants: Applicants often face challenges such as delays in document verification, unclear guidelines, or discrepancies in qualification recognition. These challenges can be stressful but are not insurmountable with the right approach and guidance.

Solutions and Strategies: Addressing challenges effectively requires a proactive approach. Staying organized, double-checking all documentation, and seeking clarification from the assessing authority when in doubt are essential strategies. Engaging with online communities and forums where applicants share their experiences can provide valuable solutions to common challenges.

Case Studies: Real-life case studies of individuals who successfully navigated the skills assessment process can offer valuable insights. These case studies can highlight the challenges faced, the strategies employed, and the eventual outcomes. Learning from the experiences of others can provide applicants with a roadmap for their own skills assessment journey.

Impact of Skills Assessment on Visa Approval

Influence on Points-Based Immigration System: Australia operates on a points-based immigration system, where points are allocated based on various factors such as age, qualifications, work experience, and English language proficiency. A positive skills assessment significantly contributes to your points score, enhancing your eligibility for skilled migration visas.

Addressing Discrepancies and Concerns: In some cases, applicants may encounter discrepancies or concerns in their skills assessment report. Addressing these issues promptly and professionally is essential. This may involve providing additional documentation or clarification to the assessing authority. Ensuring that your skills assessment report is accurate and error-free is vital for a successful visa application.

Expert Advice and Resources

Importance of Professional Advice: Navigating the skills assessment process can be complex and daunting. Seeking professional advice from registered migration agents or consultants is highly recommended. These experts have in-depth knowledge of the assessment requirements, can guide you through the application process, and help you address any challenges that may arise.

Utilizing Online Resources: In addition to professional advice, applicants can benefit from utilizing online resources and official websites. These resources provide up-to-date information on assessment guidelines, required documentation, and frequently asked questions. Being well-informed and updated ensures that you are prepared for every stage of the skills assessment process.

Community Forums and FAQs: Engaging with online community forums and FAQs specific to your nominated occupation or assessing authority can provide a wealth of information. These platforms allow applicants to interact with others who have undergone similar assessments, share experiences, and seek advice. Learning from the collective knowledge of the community can be invaluable.

Conclusion

In conclusion, obtaining a skills assessment is a pivotal step toward realizing your dream of living and working in Australia. By understanding the intricacies of the assessment process, preparing a meticulous application, and seeking expert guidance when needed, you can significantly enhance your chances of a successful Australian visa application. Remember, each applicant’s journey is unique, and challenges, if they arise, can be overcome with determination, patience, and the right support. As you embark on this transformative journey, equip yourself with knowledge, stay proactive, and embrace the possibilities that await you in the land Down Under. Your Australian dream is within reach – make it a reality with a successful skills assessment and a well-prepared visa application.

The post What Is a Skills Assessment, and Why You Need It for an Australian Visa appeared first on Nowak Migration.

The table below shows the occupation ceilings for the 2020-2021 program year for each occupation on the list of eligible skilled occupations by the four-digit ANZSCO code unit group.

Occupation ceiling values are based on a percentage of stock employment figures for each occupation. Employment figures are provided by the Australian Bureau of Statistics, and represent the number of people employed in Australia in each occupation.

Occupation ceilings do not apply to State or Territory Nominated, Employer Sponsored or Business Innovation and Investment visa subclasses.

Occupation ceilings for the 2020-21 program year.

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SkillSelect invitation rounds for the financial year 2019-2020

The information has been copied from the Home Affairs website on 26 July 2020 for future reference.

Overview

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Australian Migration Program 2020 – 2021. Planning and Delivery

1. What impact has COVID-19 had on the delivery of the Migration Program?

• Migration continues to make substantial contributions to Australia’s economic prosperity, national wellbeing and social cohesion.
• The Australian Government is closely monitoring migration and visa settings to ensure they are consistent with public health measures, are flexible and do not displace job opportunities for Australians so that Australia can deal with the immediate and post-recovery impacts of COVID-19.
• COVID-19 has had significant impacts on the Department of Home Affairs’
  • Health restrictions implemented in Australia and many other countries have disrupted the Department’s visa processing services; and
  • Travel bans implemented around the world to manage health risks limit arrivals of temporary and permanent migrants to
• Australia’s migration settings are designed to be flexible and respond to changing circumstances, such as COVID-19.
  • The ongoing impacts of the pandemic worldwide, both medically, socially, and economically, will have a significant influence on the shape of Australia’s Migration Program going forward.
• Migration policies must be carefully calibrated to provide employment opportunities for Australians, support critical industries, and position Australia’s economic
• COVID-19 has had a significant impact on the Migration
  • The Government must ensure that migration settings support Australia post recovery from the impacts of COVID-19, and in doing so, the livelihood of Australians who become unemployed as the economic impacts of the COVID-19 crisis deepen also needs to be prioritized.

2. What impact has COVID-19 had on Net Overseas Migration? 

• Border closures have had a significant impact on net overseas
• In comparison to net overseas migration (NOM) for the 2018-19 year, NOM is expected to fall by 30 percent in 2019-20 and even further in 2020-21.
• The Migration Program can change to respond to changing

3. What is the Government doing to ensure the visa system supports COVID-19 response and economic recovery?

• Protecting the health of Australians during the global pandemic is the Australian Government’s priority. Borders will only re-open at a time and in a manner that is safe, guided by health advice, and with secure border arrangements in
• A carefully calibrated migration program is an important part of Australia’s economic recovery and will create jobs and bring investment to help Australia rebound from COVID-19.
  • Migration will be a key component of Australia’s economic
• To date, the Government has shown a commitment to protecting the health of Australians, supporting businesses and jobs, and securing food supply while we combat COVID-19.
• The Acting Minister for Immigration, Citizenship, Migrant Services, and Multicultural Affairs has made a series of announcements in relation to:
  • temporary visa holders;
  • visa options to support the agriculture sector; and
  • student visa work conditions.
• Information is available at https://covid19.homeaffairs.gov.au/staying-australia
• The Government is closely monitoring migration and visa settings to ensure they continue to support public health measures and critical
• Carefully targeted migration for skilled workers who create jobs will help in Australia’s economic recovery from COVID-19.

4. When will the Government announce the size and the composition for the 2020-21 Migration Program? 

• In the COVID-19 recovery period, migration will be a key component of Australia’s economic recovery.
• The Australian Government is considering how best to shape the Migration Program to drive economic growth and support job creation during this post recovery
  • This will take into consideration the economic conditions in Australia, future skill needs, changes in the labour market and the population objectives of states and
• Until otherwise advised, the existing 2019-20 Migration Program settings will continue to remain in place. This means the 2020-21 planning ceiling will be retained at 160,000 places, the level set for the 2019-20 Migration
• This includes:
  • 108,682 places for the Skill
  • 47,732 places for the Family
  • 236 places for the Special Eligibility
  • 3,350 places for Child visas

5. Will States and Territories be given any nominations in the 2020-21 Migration Program, or are the State/Territory skilled nominated programs and Business Innovation and Investment Program closed indefinitely?

• The State and Territory nominated visa programs will play an important part in Australia’s economic recovery and continue to be a part of the Migration
• The Australian Government is considering how best to shape the Migration Program into the future to drive economic growth and support job
• Nominations will be made available to States and Territories in line with these considerations, in the following categories:
  • Skilled – Nominated (subclass 190).
  • Skilled Employer-Sponsored Regional (Provisional) (subclass 491).
  • Business Innovation and Investment

6. What invitation rounds for Skilled Independent (subclass 189) and Skilled Work Regional (Provisional) (Family Sponsored) (subclass 491) continue to be run each month?

• The Government is closely monitoring migration and visa settings to ensure they are consistent with public health measures, are flexible and do not displace job opportunities for Australians so that Australia can deal with the immediate and post recovery impacts of COVID-19.
• Targeted invitation rounds have continued each month and prioritise skills which are in critical need and will aid Australia’s economic

7. What changes will be made to the Migration Program in 2020-21? 

• Until otherwise advised, the existing 2019-20 Migration Program settings, including the program size and composition, will remain in
• The Government’s current focus is dealing with the immediate health and economic impacts of COVID-19.

8. Why did the Government decide to retain the 2019-20 Migration Program settings?

• The Migration Program is generally announced each year as part of the Federal Budget in
  • Due to the Government’s focus on responding to the unprecedented COVID-19 crisis, the 2020-21 Budget was deferred for consideration until October 2020

9. Will stakeholders be consulted ahead of any potential changes to the 2020-21 Migration Program? 

• The Department plans to proceed with engagement with State and Territory governments regarding their nomination allocations for the 2020-21 Migration
• Relevant stakeholders will be advised if any further decisions are made regarding program settings for the 2020-21 Migration

10. Are migrants allowed entry to Australia during this time? If so, how is the health and safety of Australians being protected?

• Decisions by the ABF Commissioner to grant exemptions for travel for compassionate and compelling circumstances must be balanced against the Government’s intent for imposing the travel ban and the health risks posed to the Australian community by international travellers.
• All travellers arriving in Australia by air or sea must be isolated in mandatory quarantine accommodation for 14 days from their arrival, with few
  • For more information see: https://covid19.homeaffairs.gov.au/
• Travellers who have a compassionate or compelling reason to travel to Australia will need to have an exemption from the Australian Border Force
  • Each case is unique and is considered individually based on the information provided in the application, and supporting evidence must be
  • All applications need to be completed in full, translated in English if necessary, with valid and readable documentation attached. Incomplete applications will be returned and this will delay the
  • Each application is considered on its own merit and applicants are informed if further information is required, or why the exemption has been
  • Applications for exemptions must be made at least 48 hours prior to any planned
  • Applications for exemptions are considered according to the date of the planned travel, with priority given to those needing to travel
  • To limit the spread of COVID-19 in the Australian community, from 20 March 2020 all foreign nationals who do not meet the travel exemptions will not be allowed to enter
  • Temporary visa holders currently outside Australia will still need to apply for an exemption to travel to Australia. Those without a valid visa will not be considered for a travel exemption.
• The current travel restrictions have been implemented on the advice of the Australian Health Protection Principal Committee (AHPPC).
• These decisions are not taken lightly, but the Government’s priority is to protect the Australian community against the COVID-19
• Only Australian citizens, a permanent residents, immediate family members of an Australian citizen or permanent resident or New Zealand citizens usually resident in Australia can travel to
  • For more information see: https://covid19.homeaffairs.gov.au/
• Immediate family members of Australian citizens and permanent residents who hold a temporary visa will need to provide evidence of their

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GTI Industries

The GTI targets the following ‘high growth’ areas:

• Agricultural Technology (AgTech)
• Financial Technology (FinTech
• Medical Technology (MedTech)
• Cyber Security
• Energy and Mining Technology
• Space and Advanced Manufacturing
• Quantum Information/Advance Digital/Data Science and ICT

GTI requirements

GTI requirements seem to be quite simple:

• Applicants must have the ‘ability to attract’ a salary at or above the Fair Work High Income Salary Threshold which is currently around $148,700 and
• be ‘endorsed’ by a nominator who has a national reputation in the same field as the potential applicant (FORM 1000)
• health assessment
• character assessment

GTI visa for recent graduates

The Australian Government is actively encouraging people who have:

• completed a Doctoral degree (PhD) in the last 3 years, or are submitting their thesis in the next 6 months; or
• completed a Bachelor Honours degree or Masters degree in the last 3 years, and have an overall grade-point average of 80 (or above) out of 100

to consider applying for a Distinguished Talent visa. These graduates/students would also be eligible to receive the highest visa processing priority under Direction 85 if their studies were in one of the seven priority sectors and they can demonstrate a current or future annual salary equivalent to or higher than the FWHIT.

The rationale for the direction is to give priority to applicants viewed as ‘highly desirable’ because of their skills and knowledge in sectors identified by the Australian Government as a priority for future industry growth, and with emerging opportunities for Australia’s economy. These sectors have been highlighted as priorities through the Industry Growth Centre initiative and through targeted consultation with key industry stakeholders including Austrade; Department of Industry, Innovation and Science; Department of Employment, Skills, Small and Family Business; and academia.

Masters degree or Bachelor Honours degree graduates must have an overall grade-point average of 80 (or above) out of 100 if they are relying on these academic qualifications as the sole basis for demonstrating a record of exceptional and outstanding achievement. This requirement does not apply to PhD students.

Achievements by a PhD student/graduate, Masters degree or Bachelor Honours degree graduate will be considered internationally recognized if:

• their research is of international interest and significance; or
• their research would be relevant to an international audience; or
• they have presented their research at international forums; or
• their research could be used to inform academia, governments, and industry abroad; or
• their research is relevant to Australian academia, governments, and industry in respect to advancing Australia’s international competitiveness; or
• their research highlights the potential for innovation and productivity increases for Australian organizations and industries operating in an international or globalized context; and
• they have achieved a grade-point average of 80 (or above) out of 100 if they are a Masters degree or Bachelor Honours degree graduate.

GTI as an alternative to ENS

Please note it is said that an applicant must have the ‘ability to attract’ salary, not earn above FWHIT. Many of the applicants who got this visa did not earn that much at the time of application.

Companies in these sectors who are willing to help their employees to gain a permanent residency ion Australia may consider GTI as an alternative to ENS visa.

There is no legal requirement for the employer to actually pay the $148,700 salary. In fact, the employer does not even have to employ the nominated migrant.

The employer also doesn’t need to have a demonstrated record of training Australians or to make any payment to the Skilling Australia Fund.

As there is no nominated ‘position’ to be filled, the nominating employer does not need to test the labor market.

There is no legal requirement for the applicant to undergo a formal skills assessment or undertake an English language test. The applicant can be of any age.

GTI visa types

All of this is possible because the GTI program operates within the framework of the long-standing Distinguished Talent visa which provides decision-makers with extensive discretion. There are 2 visa types applicants may apply for

• Subclass 858 Distinguished Talent Visa (Onshore)
• Subclass 124 Distinguished Talent Visa (Offshore)

Call us or book a consultation with our agent if you want to discuss your eligibility for a GTI visa.

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BSMQ may open a skilled program in July 2020 with limited quota (TBC by Home Affairs).

Home Affairs’ total nomination allocation for FY20-21 will be announced in October 2020.

Subclass 491 program is still open to onshore applicants and offshore medical professionals. There are still quite a few 491 nominations available. If you’re waiting for 190 to open – you may need to reconsider as chances are 190 visa programm will not be opened before October.

BSMQ is taking a more flexible approach to those who have been stood down, providing they can show a letter of support from an employer to evidence a job will still be available once restrictions ease further.

The 491 SBO program is still open (May 2020).

QSOL’s (Queensland Skilled List of Occupation) are currently being reviewed. No detailed information available now, but significant changes are possible.

New month by month Quota Management System will be introduced in FY 20/21

Home Affairs will release quotas for states in October. QLD may have some limited quota allocated in July – yet to be confirmed.

SKILLED REGIONAL (PROVISIONAL) VISA (SUBCLASS 491)

• State-nominated provisional residency visa
• Pathway to permanent residency – 191
• Live and work full-time in a regional area for 3 years to be eligible for permanent residency
• Receive 15 additional points for state nomination
• Same requirements as subclass 190 nomination (minimum 65 points, under 45 years, positive skills assessment, competent English)
• Onshore requirements: need 3 months’ employment in the nominated occupation in a regional area and 1-year job offer
• Offshore – min. 2 years’ work experience (unless otherwise indicated)
• List of occupations available on BSMQ website

491 – SMALL BUSINESS OWNERS (SBO) PATHWAY

• Use of existing 491 program (must meet 491 requirements).
• Investment of a minimum of 100K in regional business, cost of purchasing a business, but other start-up costs, asset costs, marketing costs can also be included in that $100k.
• It must be a pre-existing business, can’t be a start-up.
• A visa applicant must run the business after purchase for at least 6 months prior to lodging EOI.
• Employ 1 Australian resident. Could be a temporary resident – a minimum of 20 hrs per week. Can be employed any time – it’s OK as long as they’re working at the time of EOI
• Negates the need to be an employee elsewhere
• $100,000 investment – the cost of purchasing a business, but other startup costs, asset costs, marketing costs can also be included in that $100k.

Any questions – book a consultation with our migration agent.

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“There’s also been, we’ve heard today, a significant fall expected in net overseas migration, which is expected to fall by about a third this year, financial year, and by 85 per cent off its peak, or off it’s previous year, in the following year in ‘21, sorry 2021, sorry ‘21/’22.”

What is Net Overseas Migration – keep reading?

Source: https://www.pm.gov.au/media/press-conference-australian-parliament-house-act-1may20

Check this video for details

What is Net Overseas Migration (NOM)?

Net Overseas Migration is based on the actual historical data. What prospective migrants seem to be panicking about is Migration Intake, which is a planned limit of Permanent Residency visa grants for a financial year. There is no direct correlation between NOM and Migration Intake as far as I am aware.

NOM is calculated by the Australian Bureau of Statistics and is based on the actual data –  number of international people coming to Australia, staying over here and leaving Australia. It was 232100 between Oct 2018 and Sep 2019.

Migration Intake is a planned level for PR visa grants for a financial year. It is set on 160000 for FY1920

Let’s get into details.

NOM is ‘based on an international travelers’ duration of stay being in or out of Australia for 12 months or more over the 16 month period (12/16 month rule), and is the difference between:

• the number of incoming international travelers who stay in Australia for 12 months or more within 16 months, who are not currently counted within the population, and are then added to the population (NOM arrivals)
• the number of outgoing international travelers (Australian residents and long-term visitors to Australia) who leave Australia for 12 months or more within 16 months, who are currently counted within the population, and are then subtracted from the population (NOM departures)

NOM is the net gain or loss of population through immigration to Australia and emigration from Australia. Migration flows impact on issues such as Australia’s labor supply; national income; housing availability; cultural diversity; and social cohesion. Variations in the volume and characteristics of travelers to and from Australia impact on policy decisions and future planning at all levels of government.

Source: https://www.homeaffairs.gov.au/research-and-statistics/statistics/visa-statistics/live/net-overseas-migration

Where to find information about NOM?

ABS website:

https://www.abs.gov.au/AUSSTATS/abs@.nsf/DetailsPage/3101.0Sep%202019?OpenDocument

Total NOM from Oct 2018 to Sep 2019 is 232100

Is NOM part of the permanent visa program?

Not directly.

The Migration program is designed to achieve a range of economic and social outcomes. The program is set annually, with the total places available capped at a ceiling of 160,000 for 2019-20.

Source: https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels

Is NOM decline good for PR visa aspirants?

It may sound odd, but if you are already in Australia working towards your PR you might be actually in a better position – fewer people coming to Australia, less competition for skilled visas…

If you need to discuss your situation give us a call or book a consultation with our migration agent.

The post Expected 85% decline in Net Overseas Migration to Australia appeared first on Nowak Migration.

This information is only for holders of one of the following Skilled visas

• Skilled Independent (subclass 189)
• Skilled Nominated (subclass 190)
• Skilled Regional (subclass 489)
• Skilled Work Regional (subclass 491)

If you were outside Australia when you were granted one of the above Skilled visas then your visa grant will be subject to visa Condition 8504 which provides that:
The holder must enter Australia as the holder of the visa to which the condition applies before a date specified by the Minister.

This condition requires that each visa holder must make their first entry into Australia before the “For first entry, arrive by” date specified in the “Grant Notification” letter. Under the Migration Act 1958, failure to comply with visa conditions can render a visa liable for cancellation.
Skilled Migration is aware there will be circumstances when you and/or family members (who were granted a visa as part of your application) may not be able to comply with this condition, for example, due to global travel restrictions.
Generally, we will not seek to cancel a Skilled Migration visa where the only reason for doing so would be breach of Condition 8504.

Visa Validity Period
If you are not able to make your first entry into Australia before the “For first entry, arrive by” date you can use this notice when you travel to Australia during the period for which you hold a valid visa. Information about your visa validity period is specified in the “Grant Notification” letter, as the “Must not arrive after date”.
We cannot extend the validity period of your visa, and if your Skilled Migration visa ceases for any reason then you cannot use this notice to enter Australia as the holder of this visa.

Traveling to Australia
When you travel to Australia within the visa validity period you should present this notice to travel providers. This notice should be sufficient evidence for a travel provider to be satisfied that the visa holder can enter Australia as the holder of a Skilled Migration visa. Visa holder(s) may wish to carry a copy of this notice to present to the airline when checking in at the airport and on arrival into Australia. Please note that some delays may be encountered upon arrival into Australia while visa validity is verified.

Comment from Migration Agent – I’d suggest to contact Home Affairs and ask them for formal confirmation that 1st date of entry has been extended. An airline might not let you board the plane in case of any doubts if you’ll be allowed to enter Australia.

Any questions – we’re here to help.

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Current as at 22 April 2020. Source: Home Affairs

First of all, we offer free consultations for those who have been impacted by the pandemic COVID-19 event. You can book a free consultation with a migration agent here.

To respond to COVID-19, the government has introduced flexible and temporary visa arrangements that support Australia’s public health measures.

The Temporary Activity (subclass 408) Australian Government Endorsed Event (AGEE) stream visa (COVID-19 Pandemic event visa) is being utilised to manage the extraordinary circumstances that have arisen due to the COVID-19 pandemic event. The measure is temporary in nature, will be subject to ongoing review and will be wound back appropriately in line with the end of the pandemic.

Who is eligible to apply for the COVID-19 Pandemic Event visa?

 The COVID-19 Pandemic event visa is available to people who are:

• in Australia
• are unable to depart Australia due to COVID-19
• have 28 days or less remaining on their current visa or where their last temporary visa has expired less than 28 days ago
• are not eligible for any other visa based on their intended activities or
• have evidence from their employer that they have ongoing work in a critical sector and that an Australian Citizen or Permanent Resident cannot fill the

Working in critical sectors

Working holiday makers working in critical sectors such as agriculture, food processing, health care, aged care, disability care and childcare who are not eligible for any other visa and are unable to return to their home country can apply for the COVID-19 Pandemic event visa.

Seasonal Worker Programme visa holders with visas due to expire within 28 days are also able to apply for the COVID-19 Pandemic event visa.

Other temporary visa holders whose visas are about to expire, have no other visa options, are unable to return to their home country and who are working in critical sectors may apply for the COVID-19 Pandemic event visa. Evidence of this work will need to be submitted with the application.

Visa of last resort

Other temporary visa holders may apply for the COVID-19 Pandemic event visa only where there is no other visa option and it is not possible to leave Australia due to the COVID-19 pandemic. This will allow you to remain lawfully in Australia until it is safe and practical for you to return to your home country.

Frequently Asked Questions

When can I apply for the COVID-19 Pandemic event visa?

You should only apply for this visa is you are unable to depart Australia, your temporary visa expires in less than 28 days (or did not expire more than 28 days ago) and you have no other visa options available to you.

Can I apply for the COVID-19 Pandemic event visa if I am not working in a critical sector?

If you are not working in a critical sector, you can only apply for the COVID-19 Pandemic event visa if you have no other visa options available to you.

How do I know if my visa has been granted with work rights?

People who are working in critical sectors will be given permission to work on their COVID-19 Pandemic event visa. All other people holding this visa will not have permission to work.

Permission to work is managed through mandatory condition 8107. Workers in critical sectors who indicate their work activities in their visa application will be given permission to engage in those work activities when the COVID 19 Pandemic event visa is granted.

People applying for the COVID-19 Pandemic event visa as a last resort to remain lawfully in Australia until their departure will not be granted permission to work.

Under condition 8107 a person who is granted a subclass 408 visa for the purpose of remaining lawfully in Australia until they are able to return home and who then work, would be engaging in an activity that is inconsistent with the purpose of the visa grant. Consequently, action could be taken to cancel that visa.

How long will my COVID-19 Pandemic event visa be valid for?

If you are employed in a critical sector such as agriculture, food processing, health care, aged care, disability care, and childcare you may be granted a visa that allows you to stay for up to 12 months.

If you have been in Australia under the Seasonal Worker Program or Pacific Labour Scheme and are continuing your work in agriculture or another critical sector you may be granted a visa allowing you to stay for up to 12 months.

If you are not working in a critical sector, you may be granted a visa that allows you to stay for up to six months to ensure you remain lawful while you are unable to travel home from Australia.

Can I work on a COVID-19 AGEE Pandemic event visa?

Permission to work will be limited to people working in a critical sector such as agriculture, food processing, health care, aged care, disability care, and childcare during the COVID-19 pandemic.

These sectors may be updated from time to time in response to needs identified during the

COVID-19 period. While holding a COVID-19 Pandemic event visa, you are only permitted to work in critical sectors.

How do I know if I’m working in a critical sector?

The Government continues to respond to the impacts of COVID-19 and update which sectors in the Australian economy are critical. Sectors may move from being critical to non-critical and vice versa. You should check to see if your work or your occupation is in a critical sector before making an application.

The Department may use the Australian and New Zealand Standard Industrial Classification (ANZSIC) to determine if an occupation is in a critical sector.

Do I need a letter of endorsement to apply for the COVID-19 Pandemic event visa?

If you are applying for the visa to work or continue working in a critical sector (such as agriculture, food processing, health care, aged care, disability care or childcare) you must provide evidence of your ongoing employment, which:

• confirms the dates of your employment
• confirms which critical sector (such as agriculture, food processing, health care, aged care, disability care or childcare) you are working in and
• provides evidence that an Australian Citizen or Permanent Resident cannot fill the position. Evidence could include payslips, a contract and/or a letter from your

Doctors and Nurses with an offer of employment in the health care sector must provide evidence of their medical qualifications, and a letter of offer of employment from a hospital or clinic.

If you are a temporary visa holder with no other visa options and you are unable to depart Australia, you must attach a statement that tells us why you cannot apply for another type of visa, why you are not able to depart Australia before your current visa expires, and what actions you are taking to try to arrange your departure as soon as travel restrictions are lifted and/or flight availability resumes.

Can I apply for the COVID-19 Pandemic event visa if I have a no further stay condition attached to my visa?

If you hold a subclass 403 visa in the Seasonal Worker Programme stream, during the COVID-19 period, the condition 8503 (No Further Stay) attached to your visa will be automatically waived to allow you to apply for the COVID-19 AGEE stream of the subclass 408. You will not need to apply for a waiver of condition 8503.

If you hold any other temporary visa with condition 8503, 8534 or 8535 and cannot depart Australia as planned, you cannot apply for most other visas in Australia unless the condition is waived. You can request to waive this condition if your visa will expire in less than 28 days. If your request is approved, you should make a new visa application before your current visa expires.

How do I apply for the COVID-19 Pandemic event visa?

Apply online via the Department of Home Affairs online lodgment portal ImmiAccount.

You will need to complete the ‘Temporary Activity Visa (408)’ online form and to select “Australian government endorsed events” from the Activity Type dropdown menu on page 2 of the application form.

You can select the ‘COVID-19 Pandemic event’ in the Event details section of the application form.

The COVID-19 Pandemic event visa application is VAC Free. You will be required to select ‘YES’ to the Visa application charge concession question on page 2 and then select ‘NIL VAC’.

How much does the COVID-19 Pandemic event visa cost?

There is no Visa Application Charge for the COVID-19 Pandemic event visa and no subsequent temporary application charge.

To not be charged for this visa you will be required to select ‘YES’ to the Visa application charge concession question on page 2 and then select ‘NIL VAC’.

You might have to pay other costs for health checks, police certificates and biometrics.

How long will it take to process my COVID-19 Pandemic event visa application?

The Department is prioritising the processing of applications for people working in critical sectors. Other applications may take longer to finalise.

You should submit as much evidence to support your application as possible.

When you lodge a valid application for the COVID-19 Pandemic event visa, you will be granted a bridging visa which generally carries the same conditions as your previous visa, including any work rights. If your current visa expires, the bridging visa will maintain your lawful status in Australia until your COVID-19 Pandemic event visa application is finalised.

You can check Visa Entitlement Verification Online (VEVO) at any time to confirm your visa status and conditions.

I am overseas. Can I be granted a COVID-19 Pandemic event visa?

The COVID-19 Pandemic event visa can only be granted to people in Australia.

Will I have to do a medical examination to get the COVID-19 Pandemic event visa?

 You and any family members who apply for the visa with you must meet our health requirement. This means you may need to undergo a health check.

What else do I have to do to be granted a COVID-19 Pandemic event visa?

You must maintain adequate health insurance during your stay in Australia.

This means you may need to arrange health insurance for your stay in Australia if you haven’t already got it.

You are personally liable for all your healthcare costs while you are in Australia. Medical insurance helps limit your financial liability.

You must have adequate health cover for the whole of your stay to be granted this visa. Your cover should cover you for medically necessary treatment, including transport.

See what we consider adequate health insurance for visa holders. See more about health insurance for overseas visitors.

I am applying for the visa as a last resort and the application form is asking for my employer details, however, I am not employed. What can I do?

From 22 April 2020, an improved ImmiAccount application form will be available for those applicants who are applying as a visa of last resort for the COVID-19 AGEE stream of the subclass 408 visa.

The question regarding employer details will remain for those who are applying on the basis of their work in a critical sector. Working Holiday Makers working in the Agricultural sector, for example, will need to have prearranged employment if they need to apply for the COVID-19 Pandemic event visa.

I am on a bridging visa. Can I apply for the COVID-19 Pandemic event visa?

Temporary visa holders, including bridging visa holders can apply for the COVID-19 Pandemic event visa if they meet all of the eligibility criteria. Bridging visa holders who have a s.48 bar and/or who have not held a substantive temporary visa in the 28 days prior to application will not be able to apply.

How long will my visa be valid for?

The validity period on the visa will vary depending on the individual circumstances following these general principles:

• Applicants who have been on the Seasonal Worker Program or Working Holiday Maker program and are working in critical sectors will be granted a visa for up to 12
• Applicants working in critical sectors will be granted a visa for up to 12
• All other applicants will be granted a visa for up to six months with the validity period dependant on the individual circumstances such as when they may be able to return

What are the critical sectors?

The Government is making announcements about critical sectors. Currently the critical sectors are agriculture, food processing, health care, aged care, disability care and childcare. These sectors will be subject to ongoing review with new sectors being added if required, or removed if the Australian labour market is fulfilling the need.

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