Global talent Independent (GTI) Visa (Subclass 858) is a part of Australia’s Global talent program offered by the Department of Home Affairs. It is an attempt to attract some of “the brightest and the best” talents from around the world into coming to Australia, and living and working here. If you are currently on a temporary visa or if you are someone looking to migrate to Australia, you can consider the Global talent Independent Visa (Subclass 858).

For 2021-2002, there are a total of 15,000 places available for the right applicants under Subclass 858. To find out if you are the right applicant or not, you can continue reading further. To start off, we’ll first dive into what this program actually entails in detail in the next section.

What is the Global Talent Independent (GTI) Program?

The GTI program provides one with a streamlined visa pathway that offers the Subclass 858 visa to provide priority access to Australian permanent residency. The GTI program utilises the “profession” or “academic and research” aspects of this visa.

The Subclass 858 visa under this program is vastly different from other kinds of visas, since they are not points tested. In fact, there are no English language requirements or skills assessment requirements. Moreover, the Global Talent visas are being given priority over all other visas so their processing times are also quite short. In order to apply you’d need to be from one of the target sectors listed below.

For more information on GTI please visit: Global Talent Independent (GTI) Program: The versatile migration pathway

Target Sectors of Global Talent Independent (GTI) Program

To support the innovation and growth in Australia, there are ten target sectors under which Australia is seeking “highly skilled” professionals.

Benefits of Global Talent Independent Program (GTI)

With this visa, you’ll be able to enjoy the following benefits.

• You’ll be able to live and work in Australia permanently
• You can also pursue education in any of the world-class educational institutions here.
• You are able to enroll in Medicare that puts you into Australia’s public health care scheme.
• You would also be able to sponsor your family members for permanent residence.
• In addition to the above, after the five years of holding this permanent visa, you can apply for Australian citizenship.

Stream under Global Talent Independent Program (GTI)

There are two streams that applicants can apply under.

• the Global Talent visa pathway – an opportunity for highly skilled people in the target sectors; and
• the Distinguished Talent pathway – a pathway for exceptional and outstanding individuals who do not fit into any Global Talent sector. Some examples are Olympic athletes and famous musicians.

It is important to note that the Distingu​ished Talent visa used to be known as Subclass 124, and was a  distinguished visa from the GTI visa category. However, from 27th February 2021, the Distingu​ished Talent visa became the Global Talent visa.

Am I Eligible?

This is quite a subjective assessment. Consider whether you have had significant academic or professional accomplishments that are not in the “ordinary” course, look at what we’ve described above as successful candidates who have received EOIs.

Feel free to reach out to us if you think you may be such a candidate, but are unsure as to whether you might qualify.

Following are the eligibility conditions set by the Department of Home Affairs.

• To apply, you need to be highly skilled in one of the target sectors, or you work in a senior role for a company that provides services in one of these sectors.You must meet a high standard and show an exceptional track record of professional achievement. If you fit that condition you may be eligible for the Global Talent visa under the Global Talent pathway. You can prove that through:
  • senior roles
  • patents
  • professional awards

• If you do not work in one of these sectors but you are a highly talented person, you may be eligible under the Distinguished Talent pathway. It’s important to keep in mind that the standard you must meet is significantly higher.
• PhD Candidates: If you have completed your PhD in the last 3 years or if you are currently in the final 6 months of your PhD, you can apply for this visa. However, you’d still need to prove exceptional talent and international recognition in one of the target sectors. You can prove that through:
  • professional awards
  • international publications
• High Income Threshold: You need to prove that you have the ability to attract the above high income threshold of AUD158,500 set by the Fair Work. As a proof, you can provide the following documents:
  • A record of your payslips or a contract that shows your current salary.
  • Any future job offers that states the potential remuneration.
  • Proof of being a recent PhD graduate in the target sector.

• Age requirements: There is no explicit age requirement for the Global Talent visa program. However, if you are under the age of 18 or over 55 years old, you need to demonstrate that you can offer exceptionally important  economic benefits to Australia.

• English Proficiency requirement: If you are over the age of 18, you need to show adequate proof of at least function english. If you are unable to provide that as a part of your application, then you would be charged a secondary visa applicant fee amounting to AUD 4,890 per applicant.
• Australian Nominator: You would need an Australian person or organisation that can nominate you for the program. The nominator must have a national reputation in the same field as you and they need to attest to your skills.

In hindsight, the eligibility requirements seem fairly simple and easy. However, the standards set are, in fact, quite high and would need to provide an excellent Expression of Interest (EOI), in order to be considered for Global talent Independent Visa (Subclass 858).

As a professional, you might also consider applying for a Skilled Independent visa (Subclass 189).  Although they might appear similar, Skilled Independent visa (Subclass 189) is quite different from Global talent Independent Visa (Subclass 858). The next section outlines the differences.

Global talent Independent Visa (Subclass 858) vs Skilled Independent visa (Subclass 189)

If you are uncertain which visa category applies for you then you should get a professional assessment on your application. At Path Migration, we offer consultation services to clients who are looking for a successful application.

For more information and consultation, feel free to contact us or send an email to hello@pathmigration.com.

To learn more about the skilled migration and the nomination process, check the following:

• October Invitation Round 2021: Subclass 189 and Subclass 491

• New South Wales Skilled Migration Program for 2021-2022

• South Australia’s Skilled Migration Program from 2021-2022

• Victoria’s Skilled Migration Program for 2021-2022

• Tasmania Skilled Migration 2021- 2022: 190 and 491 visa

• Queensland’s Skilled Migration Program- 190 visa and 491 visa

How do I apply?

To access one of the 15,000 positions under the GTI for priority processing, there are three steps:

1. The unique identifier and code: The unique identifier and code are issued by the Department of Home Affairs. To get this, you need to submit an Expression of Interest (EOI).
   1. The Global Talent Expression of Interest form can be found here.
   2. In your EOI you need to provide sufficient documents as a proof for your ability and standards.
   3. Although it is true that you need to prepare an exceptional EOI to  be considered for this visa, don’t make it so technical or dense that the EOI assessor fails to understand it. While working on your EOI you must understand that the person assessing it might not be a professional in your field. Thus, it’s recommended that you try to prepare it in a manner that a layman can understand it.
   4. During this step you also need to attach all the necessary documents from your nominator. So make use of all the important documents available, prior to your application.
   5. If you are successful with this first stage, you will be provided with a unique Global Talent identifier and invited to submit a visa application.
2. Apply for the visa: With a unique identifier and code, you can then proceed to lodge your visa application. The Department of Home Affairs has recently set the Immi Account system up so that these applications can now be lodged via your Immi Account if you have one.

How can Path Migration Help you?

Path Migration has a team of highly experienced migration lawyers. We are able to assist with all aspects of the application, and provide advice in relation to:

• Assess your eligibility for a Global Talent Visa, and also recommend other visas that might be applicable to you.
• Help prepare all the documents to demonstrate your skills and ability to attract a high salary. 
• If you are seeking to apply for the 

The team also handles visa cancellation and refusal applications. If you are looking to find out more about the Global Talent Employer Sponsored program, then we recommend that you book your personalized consultation by contacting us or email directly to hello@pathmigration.com.

For more information, visit:

• Australian Visa Cancellation: All You Need To Know
• Tips for a Successful Partner Visa
• Business Visa in QLD: 188 and 888 visa, 491 visa

The post Is Global Talent Independent (GTI) Visa (Subclass 858) an Option for me?  first appeared on Path Migration and is written by sonal

Australian Economy and its Opportunities in 2022

Australian Economy Outlook

After rebounding rapidly from last year’s COVID-19 recession, the Australian Economy has recently weakened due to the containment measures to combat new outbreaks of the virus. Therefore, as the Australian Economy is heading towards its reopening, the recovery will eventually resume. Therefore, the major focus is currently placed on the reform measures to revive productivity growth, lift living standards and strengthen the resilience of the Australian Economy. .

Although the sudden emergence of Omicron means a gradual reopening of the Australian Economy, lengthy lockdowns are quite unlikely. In fact, according to the latest forecast, the Australian Economy is expected to bounce back in 2022 for a number of reasons.

These include:

• the government’s substantial fiscal support
• the economy’s underlying momentum
• the financial support to households and businesses in areas affected by lockdowns
• the vaccination rollout’s progress

As Australia eventually enters a post-Covid phase, it is looking at immigration to boost population growth and to revitalise the economy. Australia’s government has signalled a boost to immigration, but details are still to be released.Therefore, more favourable immigration policies are currently being speculated, which inevitably means more opportunities for immigrants.

Strong trade link between Australian Economy and the Asian region

Australian economy is highly globalised. Trade accounts for over 40% of its nominal GDP. Twelve of Australian economy’s 15 largest trading partners are in the Asian region. These partners account for two-thirds of Australian economy’s total exports. This reflects Australia’s geographical good fortune and its free trade agreements with key Asian economies.

China remained Australia’s largest trading partner in 2020, accounting for around 31% of total two-way trade. Japan and Korea continue to be important trade partners, representing around 13% of total trade.

Many exporters have diversified their markets. For example, the ASEAN region now accounts for almost 13% of total trade. Australia also maintains strong trading links with traditional partners. The EU and the UK account for 13% of total trade. The US accounts for another 9%.

What does this mean in terms of immigration?

If you are an investor or a business personnel, then Australian economy offers you a great opportunity to make profitable investments. Especially, if you come from an Asian region with strong economic ties to Australia, you can leverage your local network to build a profitable business in Australia.

If you are an investor or would like to set up your business in Australia, you can look into the visa options in the following section.

Business and Investment visas to participate in Australian Economy

To be able to invest or operate your own business in Australian economy, you would need to apply for a visa under the Australian Business Innovation and Investment Programme (BIIP).

There are currently four BIIP streams. They are as follow:

• Business Innovation Visa Stream (Subclass 188A)– Applicant must establish and manage new or existing businesses in Australia
• Business Investor  Visa Stream (Subclass 188B)– Applicant must invest AUD 1.5 million in an Australian state government or local government bonds
• Significant Investor Visa Stream (Subclass 188C)– Applicant must invest AUD 5 million in an Australian state government or local government bonds
• Entrepreneur Visa Stream (Subclass 188E)– Applicant must commercialize an innovative business and obtain an investment agreement of AUD 200,000 and operate that commensurate business enterprise in Australia

To obtain Subclass 188 Visas, the applicant must secure nomination by the State government. This process begins with the submission of an expression of interest (EOI).Each state and territory government in Australia has their unique requirements on the type of skill set and kind of investments that they are after. Therefore prospective applicants need to understand what those requirements are before lodging their applications.

These visas are temporary visas that get granted for a period of four years. After the 4 years period, you do have the option to extend this visa for additional two years or apply for the permanent visa. You can apply for the Business Innovation and Investment (Permanent) visa (subclass 888), if you meet the underlying requirements.

If you are a small business owner, then you can look into the Small Business Owner stream under the permanent visa, Subclass 190. More information on the different Australian states and territory’s requirements can be found here.

To learn more about  Business Innovation and Investment (Permanent) visa, you can also visit:

• Business Visa in QLD: 188 and 888 visa, 491 visa
• Australian Business Innovation and invest Programme (BIIP)
• How to Set up a Company in Australia
• Investing in Australia: FAQ

Australian Economy and the Labour Market

Migration has been an important influence on Australian economy and the society. Making up for both the demand-side of the economy and its workforce. In fact, Australia’s immigration growth drives economic growth. Perpetuated by Covid-19, the border closure has cut-off the number of immigrants by a large percentage, therefore, leading to a strong projection of labour shortfalls.

What does this mean?

Given the status quo,  Australia’s migration program now includes a greater emphasis on skills, increased numbers of temporary immigrants, and more diversification in the country of origin. This means that moving forward you have a higher chance of securing permanent residency  if you have skills that are listed on the Skilled Occupations Lists. This allows you to apply for Skilled Migration visas in Australia.

Skilled Migration Visas in Australia

General Skilled Migration is the best way to migrate to Australia permanently as it provides a path for visa holders to apply for permanent residency. There is no requirement for linkage to only one employer in this case.

The Benefits of Skilled Migration Visas

There are various important and useful benefits that a skilled migration visa holder gets in Australia including:

• A skilled migration visa provides an opportunity for people to live, work, and study in Australia.
• It provides public healthcare services.
• It allows the visa holders to have their children attend a public school.
• It does not require an employer to sponsor the visa holders.
• Some of these visas are permanent (180 and 190).
• The 491 visa leads to permanent residence after three years.

Types of Skilled Migration Visas in Australia

• Skilled Work Regional (Provisional) visa [Subclass 491]: Skilled Work Regional Visa (Subclass 491) is a provisional visa, it is a great pathway for obtaining a permanent residency visa via the Skilled Regional visa (Subclass 191) or the Skilled Nominated Visa [Subclass 190].

• Skilled Independent Visa (Subclass 189): The Subclass 189 is a permanent visa that allows you to live and work in any area of Australia permanently. For this visa you’ll be invited to apply by the Federal Government.

• Skilled Nominated Visa [Subclass 190]: This is also a permanent visa category, which is based on point-test and allows skilled migrants to live and work in Australia permanently. However, unlike the previous visa, you’ll need a state nomination for this visa.

• Permanent Residence (Skilled Regional) visa [Subclass 191]: Once you have fulfilled all the requirements after having secured the Subclass 491 visa, you should be able to apply for this visa. Subclass 191 which will finally allow you to live and work in any area of Australia permanently.

All these visas require an invitation before you are able to apply for these visas. The state, territory and the federal government invitations are determined through the Point Score Test.  Therefore, you’d be required to submit a crackling EOI, that allows you to secure the highest Point Score. Hence, get a state nomination.

To learn more about the nomination process, and how to apply for these visas you can check the following sources.

• October Invitation Round 2021: Subclass 189 and Subclass 491

• New South Wales Skilled Migration Program for 2021-2022

• South Australia’s Skilled Migration Program from 2021-2022

• Victoria’s Skilled Migration Program for 2021-2022

• Tasmania Skilled Migration 2021- 2022: 190 and 491 visa

• Queensland’s Skilled Migration Program- 190 visa and 491 visa

Australian Economy Cost of Living

Australian cities have become more internationally competitive for expatriates. The cities offer a lower cost of living compared to most major cities in the Asia–Oceania region according to Mercer’s 2021 Cost of Living Index.

This makes Australia a cost-competitive destination for:

• international companies that want to relocate employees and their families
• young workers who want to broaden their horizons.

Australia has one of the world’s strongest and most efficient regulatory environments. According to the IMD, Australia ranks highly in terms of labour regulations, equal opportunity legislation and access to credit.

In the World Economic Forum’s latest survey, Australia ranks:

• lowest in the world for debt dynamics (the change in the public debt-to-GDP ratio)
• second highest for social capital (which includes social cohesion and engagement)
• third highest for trade openness.

Therefore, you are planning to relocate, Australia indeed is the best relocation destination you can choose. Below we have listed out another visa category that should allow you more convenient choices to secure permanent residence.

Global Talent Independent (GTI) Program  [Subclass 858]

The Australian economy needs the brightest and best global talent to work in ten future-focused sectors. The aim is to support the economy by introducing innovative skills to high priority industries.

The target sectors are:

GTI program offers a flexible pathway for distinguished applicants in target sectors.As a requirement, you’d need to prove an annual income of $153,600 AUD and a nomination from an Australian citizen.

For more information on the Application process, you can check the following:

• Global Talent Independent (GTI) Program: The versatile migration pathway

Personal Consultation and Visa Assessment

At Path Migration, we have a team of immigration lawyers who are specialized in this field. Aside from having an in-house chartered accountant, we also partner with various industry stakeholders to provide you with a holistic service.

We have already helped set up businesses for clients from India, Hong Kong and Bangladesh, to just name a few of our clientele base. In addition to that, we have helped bring in foreign employees for different industries, such as IT sector, education sector, etc.

If you sound like someone who would benefit from our wide network of industry specialists and would like to put forward the best application for your business, then you can contact us or directly email to hello@pathmigration.com.

Additional Information:

• A Guide To Selecting The Right Course To Study In Australia
• Changes In 485 Visa That You Should Know
• Tips for a Successful Partner Visa
• Australian Visa Cancellation: All You Need To Know

The post Australian Economy and its Opportunities in 2022 first appeared on Path Migration and is written by sonal

October Invitation Round 2021: Subclass 189 and Subclass 491

The second SkillSelect round for 2021, known as the October Invitation Round, was released on the 29th of October 2021. In this October Invitation Round, a total of 400 invitations have been issued by the Department of Home Affairs for the following visa categories.

• Skilled Independent Visa (Subclass189)
• Skilled Work Regional (Provisional) Visa (Subclass 491)- Family Sponsored.

The invitation rounds for Skilled Independent Visa (Subclass189) and Skilled Work Regional (Provisional) Visa (Subclass 491)- Family Sponsored are expected to run on a quarterly basis. The dates for each of the rounds are not set prior to the round and they tend to vary. In fact, the total number of invitations issued also varies depending on the number of applications the Department of Home Affairs processes.

However, it’s vital to know that the number of nominations from the State or Territory governments for Skilled Work Regional (Provisional) Visa (Subclass 491) is not affected by the departmental invitation rounds. The number of nominations approved by State and Territory Governments for the following skilled visas have also been released:

• Subclass 190 Skilled – Nominated visa; and

• Subclass 491 Skilled Work Regional (Provisional) State Nominated visa.

The following sections discuss which category of occupations and visas received how many invitations for the October Invitation Round; including the minimum point thresholds for the October Invitation Round. Along with latest statistics and information on the number of nominations from the State or Territory governments.

October Invitation Round 2021: Breakdown

The table below outlines the total number of invitations issued for the October Invitation Round on 29th of October 2021 for each of the visa categories.

October Invitation Round 2021: Invitation Process

Typically, applicants with the highest point totals are invited to apply for the appropriate visa. For applications with identical points scores, the order of invitation is determined by the moment they reached their points score for that subclass (referred to as the date of effect). It’s important to remember that the Expressions of Interest (EOI) with earlier dates of effect are given precedence for an invitation relative to the EOI with later dates of effect.

The next section discusses this with the most recent statistics.

October Invitation Round 2021: Thresholds

This table illustrates the minimum points score and the latest date of effect month for the October Invitation Round 2021.

October Invitation Round 2021: Occupation List Subject to Pro-rata

Usually there is quite a significant number of applications from certain occupation types for Subclass 189 and Subclass 491. Therefore, to ensure a program-year-long availability of invitations, the pro-rata arrangements are made for these occupations. This arrangement ensures that the department is able to issue invitations through-out the program year.

Among all the applications received by the Department, the SkillSelect gives most priority to the applications for the Skilled Independent visa (Subclass 189). Once the allocation has been made for Subclass 189, the remaining places are given out to the applicants for Skilled Work Regional (Provisional) visa (Subclass 491)- Family Sponsored. There will be no invites issued for subclass 491 visas in these occupations if all subclass 189 visas are filled.

The table below lists the occupations subject to pro-rata arrangements. The remainder of invitations have been issued for non-pro-rated occupations in the October 2021 round.

When invitations are issued under the independent, and skilled regional (provisional) visas, an “occupation ceiling” might be applied. Occupation ceiling refers to an upper limit imposed on the total number of EOIs that will receive invitations for skilled migration from a particular occupation group. This allows the skilled migration program to maintain balance and pursue attracting migrants that will fill out a variety of skilled occupations.

This occupation ceiling values are dependent on a percentage of stock employment figures for each occupation.  The Australian Bureau of Statistics provides the required employment numbers, that rightly depicts the total number of people employed in Australia in each occupation.

It is important to note that the occupation ceilings, however,  do not apply to State or Territory Nominated or Business Innovation and Investment visa subclasses.

Invitation Issued During 2021-2022 Program Year

This table lists the total number of invitations that have been issued for the 2021-2022 program year, so far. We can see that till now, 450 invitations have been issued for Subclass 189 and 700 invitations have been issued for Subclass 491.

It’s important to note here that the invitations issued by Australian States and Territories are not included here, more on that is discussed in the subsequent section.

October Invitation Round: State and Territory Government Nominations

The following table shows the total number of applicants who have received a nomination from the State and Territory government in October 2021.

Next SkillSelect Invitation Round

If you want to apply for and receive an Australian Skilled visa in the next SkillSelect Invitation round, you can check the occupations on the priority list to check if your nominated occupation falls in or not. There are currently 44 occupations on the priority migration occupation list.

If you are all set to apply for a skilled visa in Australia this year through the most relevant skilled visa category, you may get your eligibility status checked by a qualified migration lawyer in Australia.

Visa Application Assessment

If you are someone who is actively looking for permanent residency in Australia and would like professional consultation regarding your personal situation then do not hesitate to contact us. At Path Migration, we have a team of immigration lawyers who specialize in immigration law.

Given the mammoth of experience the team brings in, we provide feasible and practical counselling on your successful pathway to Australia. The team is well adept with knowing what helps increase the chances of success for your application. You can get your points checked by an expert, and accordingly, the immigration expert at Path Migration will suggest which program is suitable for you to apply for the visa.

If you are unsure whether this visa category applies to you or not or if you are looking to be successfully nominated, then don’t hesitate to contact us or directly email us at hello@pathmigration.com.

You may also be interest in:

• New South Wales Skilled Migration Program for 2021-2022

• South Australia’s Skilled Migration Program from 2021-2022

• Victoria’s Skilled Migration Program for 2021-2022

• Tasmania Skilled Migration 2021- 2022: 190 and 491 visa

• Return of International Students in Australia by 2021: Australian International Border Opening

The post October Invitation Round 2021: Subclass 189 and Subclass 491 first appeared on Path Migration and is written by sonal

The arrangement for the return of international students in Australia by 2021 is already underway as a part of the Australian international border opening plan. Initially, the international students will be returned on a staggered basis in this pilot program, and depending on the evaluation reports, further actions will be taken to scale the program or take any precautionary measures.

If you are an international student, currently studying or will be commencing study in an Australian educational institution, then the following updates are for you. The subsequent sections of this blog will inform you about the program itself; who is eligible to take part in it; and more updates from different states and territories of Australia.

Pilot program for the return of international students in Australia: First Batch

Receiving support from the Australian Government, NSW is going to be the first Australian state to trail the return of international students and skilled migrants stuck overseas due to restrictions ensued by COVID-19. In fact, the first chartered plane carrying 250 students from over 15 nations is scheduled to touch down in Sydney on 6th December. The second chartered plane will be bringing in students from India and other South Asian countries on 24th of December.

This definitely is a gripping moment that everyone has been patiently waiting for. It’s important to note that the exact number of students in a flight is likely to vary, since the pre–departure COVID-19 test will determine a seat on the flight. Please note the NSW International Student Arrivals Pilot Plan will allow a limited number of 250 international students studying with NSW education providers to return each fortnight.

Requirements to travel to Australia

1. Full Vaccination

• You need to be fully vaccinated before you can travel to Australia.
• To be considered as “fully vaccinated”, a minimum of 7-day period must pass since the final dose of your vaccine.
• For travel purposes to Australia, the following vaccines and dosages are being accepted.
  • 2-doses with at least 14-day interval period.
    • Comirnaty (Pfizer)
    • Vaxzevria (AstraZeneca)
    • Covishield (AstraZeneca)
    • Spikevax (Moderna)
    • Janssen-Cilag (Johnson & Johnson)
    • Coronavac (Sinovac)
    • BBIBP-CorV (Sinopharm) (for 18-60 years old)
    • Covaxin (Bharat Biotech)
  • 1-dose
    • Johnson & Johnson/ Janssen-Cilag COVID Vaccine
• Mixed doses count towards being fully vaccinated as long as all vaccines are approved or recognised by the Therapeutic Goods Administration (TGA).

2. Proof of Vaccination

• At the time of departure and at any point when you enter Australia,  you would need to provide a valid vaccination certificate.
• If you have been vaccinated in Australia, you would need to provide the International Covid-19 certificate (ICVC).
• If you have been vaccinated outside of Australia, you must show a valid foreign vaccination certificate.
• Your vaccination certificate must be legible, clear and in English. If it’s not in English, you’d need to get it translated. You may want to check the Department of Home Affairs Website for free translations services.
• Valid digital certificates are also accepted, as long as they meet other requirements set by TGA.

How to participate in this program?

• If you study at an Australian educational institution based in NSW, you might have already received an Expression of Interest Form (EOI Form) to complete. Therefore, it’s recommended that you check both your personal and university email for that.
• Once you receive the email with the EOI form you are recommended to fill that out as soon as possible to be considered for the program.
• If you are not certain that you’d like to come to Australia or not, it’s still recommended that you fill out the form. If considered for the program your educational institution will check in with you multiple times, therefore you will have the option further down the line to opt out to coming to Australia by a certain date.
• If you have not been offered a seat in a certain batch, you can also choose to be put on a standby list, and you can also select a minimum notification time. In that way, if any seat opens up you’ll be notified of that seat.
• If you haven’t received an EOI Form, then you are advised to contact your education provider as soon as possible. In addition to that you might also want to check the COVID-19 response page of your education provider.

How to know the outcome of my EOI From?

• If you have been selected for a certain batch to fly to Australia, your education institution will notify you at least 8 weeks before the departure date.

Quarantining Requirement for international students in Australia

• After landing in Sydney, international students are required to quarantine for 14-days.
• Your educational institution will be providing you with the necessary information about your quarantine arrangements.
• Students do not need to pay for the cost of quarantine accommodation.
  • Meals are included in these quarantine arrangements, therefore you do not need to pay for meals either.
  • You are able to order groceries, foods and other items, but you pay for that by yourself.
• If you are a fully vaccinated international student from Singapore, you are not required to quarantine in NSW.

Quarantine Arrangements

• Scape Redfern is partnering with the NSW government and the educational institutions to provide you with quarantine arrangements.
• They offer Purpose-Built Student Accommodation, that comes with fully functional bathrooms, furnished kitchen area, bedroom and study corners. For more information, visit here.
• You are not able to share a room with others. There’s a strict policy of one student per room.
• If you need to do laundry, you are able to use the laundry facility at Scape, however, you need to bear the cost of laundry by yourself.
• If you happen to fall sick while quarantined, either from covid or other ailments, you will be transferred to Special Health Accommodation (SHA). SHA will offer you 24    /7 medical care to help you recover.
  • As a student, you don’t have to pay any additional medical costs.

Post-Quarantine Arrangements

• If your educational institution is based outside of Sydney then you can contact FCM to arrange a flight for you to reach your final destination. Alternatively, you can also arrange your own travel arrangements.
• If your university is based in Sydney, you can contact your educational institution for guidance on your next steps.
• Although it’s not mandatory to confirm your post-quarantine address, it’s highly recommended. You also need to notify your education provider of any changes to your current address or contact details as a part of your international student visa condition.

Are family members or partners allowed to come with me?

• Given the program is in the pilot state, currently the travel quarantining arrangements are only made for the students. Therefore, you wouldn’t be able to bring a family member, your partner or any dependent you may have.
• However, family members/partners can travel to Australia if organised separately.

How much will it cost to participate in this Arrivals Program?

• You are required to bear the cost of plane tickets to Australia.
• You also need to pay for any additional items you require while quarantining that is not a part of the standard quarantine package offered by your educational institution.
• The table below outlines an approximate cost of flight to Australia. Once you are offered a seat, the exact quotation will be sent to you beforehand.

What do I do if the city I live in is not the city of departure?

• If you are currently living in a city that’s not in the departure venue, in that case, you would need to make your own travel arrangements to reach the departure venue prior to your flight.
• It’s recommended that you arrive at least 24 hours prior to your flight departure, to prevent any unforeseen delay.

What are the Cancellation Conditions?

• In the unfortunate event of a positive COVID-19 test result prior to your departure, or any unforeseen circumstances you are able to cancel your flight.
• For this cancellation you will be refunded, however, there will be a cancellation fee deducted from the refund amount. The cancellation fees are as follow:
  • FCM/AVMIN: $135 

• • China Southern fee: AU$50 (or nil with proof of positive COVID-19 test result) 

• • Cathay Pacific fee: US$70

• Refunds for other causes permitted up to 5 days before departure. Total cancellation fees, as below, will be deducted from the refund amount due to the cancelling student.

• • FCM/AVMIN: $135

• • China Southern fee: up to AU$600 

• • Cathay Pacific fee: nil

• You also need to notify the FCM and your educational institution about the cancellation no later than 48-hours prior to your flight.
• You cannot make a refund request any later than 48 hours prior to the flight departure
• Note, FCM booking fee is non-refundable.
• The standby students can take that seat up-to 12 hours before the scheduled flight departure time.

Border Updates from other States and Territories in Australia

Australian Capital Territory (ACT)

• ACT already made the announcement that fully vaccinated international students will be able to come in from the start of the 2022 academic year.
• The returning students will need to follow the required quarantining obligations and other rules that may apply.

Northern Territory 

• Northern Territory is currently seeking the approval of their reopening plan by the national government.
• Once an approval has been granted, chartered flights will be bringing in fully vaccinated returning students from January 2022.

Queensland

• Fully vaccinated international students will be able to come in from the start of the 2022 academic year.
• The returning students will need to follow the required quarantining obligations and other rules that may apply.
• The plan prioritises those studying medical, medical research, and allied health disciplines. The state anticipates a phased approach with eligibility criteria for education providers and students, and the number of places, expanding at each phase.

South Australia

• Once 90% of the South Australians (aged 12+) are fully vaccinated, fully international students will be able to come in with no quarantining requirement.
• South Australia is expected to achieve a 90% double vaccination target by late December 2021.

Tasmania

• According to Tasmania’s opening roadman, fully vaccinated international travellers are able to come in from 15th December.
• Although they wouldn’t need to quarantine, a negative COVID-19 test must be provided upon arrival.

Victoria

• Victoria’s safe student return pilot plan has also been approved.
• This means that international students are expected to come from December 2021, and following their arrival they would need to quarantine for 14 days.

Western Australia

• Western Australia is set to welcome fully vaccinated international students from February 2022, just in time for the beginning of the academic year.
• The official reopening date will be released once, Western Australia reaches the 80% double vaccination rate, which is estimated to  be in December 2021.

Do I need a visa?

• Before you are able to apply for a place in this pilot program and eventually come to Australia, you need a valid visa.
• Depending on what level and kind of course you are doing and other information, your visa requirement will vary.

At Path Migration we have assisted students, both onshore and offshore, get the best outcome from their visa application. If you are looking to eventually transition to permanent residence then it’s very important that you initially choose the most appropriate visa category to help you achieve permanent residence smoothly.

At Path Migration, we have a team of immigration lawyers who specialize in immigration law. The team will provide you with all the in-house resources that will help make your applicant a success. If you have already been refused a visa or have had your visa cancelled then you will also be benefitted from your own personalized consultation. If you are unsure whether this visa category applies to you or not, then don’t hesitate to contact us or directly email us at hello@pathmigration.com.

You may also be interest in: 

• A guide to selecting the Right Course to Study in Australia
• Changes In 485 visa that you should know
• Covid-19 408 Visa In Australia
• Skilled Migration Visas For Australia

The post Return of International Students in Australia by 2021: Australian International Border Opening first appeared on Path Migration and is written by sonal

Business Visa in QLD: 188 and 888 visa, 491 visa

Business Visa in QLD offers a great opportunity for migrant business owners to start and operate their own business or investment ventures.  There are a number of business visa options, and depending on your circumstances and qualities you should be able to apply for permanent business visas or a temporary visa that would allow you to legally operate your business in Queensland.

We understand an investment or setting up your own business can be quite difficult on its own let alone as a migrant. Therefore, at Path Migration, we have helped many clients from several countries set up their businesses in different states of Australia. We have had clients from Bangladesh, Hong Kong, India and Sri Lanka, to name only a few, who currently have very successful businesses running in Australia in different industries, including education, IT, etc. Therefore if you want to know more about how to get a successful application you can check out the rest of this write up, and for personalized professional consultation you can reach out to us any time.

Business Visa in QLD: Why Invest in Queensland?

Before we address the more complex questions, we believe that it’s very important that you should know why you’d want to invest in Queensland. Aside from being called the Sunshine state for it’s beautiful weather and having the most thriving tourism industry, it also has so much more to offer. It provides your business and investment venture to do greatly with the following qualities:

• A very stable and resilient economy.
• A government that actively engages and implements policies to help businesses and to bring in more investments.
• Although the world is still recovering from the growth lags ensued by Covid -19, Queensland has quite a strong forecast for a substantial growth.
• As someone with business acumen you must know the intense pressure for the businesses to cover the perpetual operating cost. Well, we are delighted to disclose that Queensland has relatively lower operating costs. Therefore, you would have the flexibility to use your revenue for more sustainable business activities, like investing in your brand or getting more assets.
• Surrounded by world-class universities and different industries, you would always have access to a highly trained, experienced and diverse workforce for your business.
• In fact, we are pleased to report that as an Asia Pacific location, Queensland makes quite a great strategic move on your part to attract investments for your business.

We hope the brief lists of reasoning have at least sparked a curiosity in you to look further into this and finally get the Business Visa in QLD to help you operate in your dream business.

Business Visa in QLD: State Nominated Visa Options

There are actually quite a few options available for Business Visa in QLD you to choose from. It is important to note here that before you can apply for a business visa in QLD, you would first need an invitation from the state. All the nominations form the Queensland Government are processed by Migration Queensland; more on this will be discussed in subsequent sections.

The Business Visa in QLD that allows you to legally enter operate your business or make an investment in Queensland are as follows:

• Business Innovation and Investment (Provisional) visa (Subclass 188)

• Business Innovation and Investment (Permanent) visa (Subclass 888)

• Skilled Work Regional (Provisional) visa (Subclass 491)

• Investor Retirement (Temporary) visa (Subclass 405) Renewal

Please be aware that from July 1st 2021, the Business Talent (Permanent) visa (Subclass 132) has been closed to all the new applicants. Therefore, the new applicants now need to apply for any one of the above Business Visa in QLD.

Business Innovation and Investment (Provisional) visa (Subclass 188) 

This is a state-nominated Business Visa in QLD that allows you to run your business or make an investment in Queensland for 5 years. Although it’s a provisional visa, it’s a good option to choose when you aren’t able to meet the demanding minimum requirements of the Subclass 888. Moreover, it helps create a pathway to transition to the permanent visa later on.

In order to apply for this visa, you’d need to apply under the following streams:

• Business innovation Stream: This is designed for individuals who want to own and operate a new business or an existing business in Queensland.
• Investor Stream: If you are someone looking for investment ventures and instruments, instead of running a business then this stream would be a good fit for you. For example investments under this stream would look like investments in Queensland Treasury Corporation (QTC) bonds. For those of you wondering what QTC- its Queensland’s corporate treasury service provider. For more information on Queensland Bond and how to invest in it, look here.
• Significant Investor Stream: This stream is designed for investors who are looking to invest at least AUD 5 million, in Complying Investment according to the Complying Investment Framework (CIF).
• Entrepreneur Stream: This stream targets start-ups and the entrepreneurs who are at their early stage. It’s important to note here, that even if this sounds like you, you would first need an endorsement to develop your concept to be able to apply under this stream.

Subclass 188 Eligibility Criteria

Depending on the stream, the eligibility criteria for Subclass 188 is going to vary. In order to secure this visa, you’d need to meet the minimum eligibility requirements set by both the Department of Home Affairs and the Migration Queensland.

The table below outlines the eligibility criteria for the 188 Subclass Business Visa in QLD:

Business Innovation and Investment (Permanent) visa (Subclass 888) 

If you have already held the 188 visa, this is the subsequent Business Visa in QLD that you can apply for, which should allow you to continue your business and investment ventures in Qld on a permanent basis. Like the previous visa, this permanent subclass also comes with a choice of four streams.

In order to apply for this visa, you’d need to apply under the following streams:

• Business innovation Stream: If you have held the following visa categories, you can apply for this visa.
  • Subclass 188: Business Innovation Stream
  • Subclass 188: Business Innovation Extension Stream
  • Subclass 444: Special Category Visa
  • Subclass 457: Business (Long Stay) Visa
• Investor Stream: It’s for the investors to continue their investments.
• Significant Investor Stream: It’s for the investors to continue their investments.
• Entrepreneur Stream: If you have held the following visa categories, you can apply for this visa.
  • Subclass 888: Entrepreneur Stream
  • Subclass 188: Entrepreneur Stream

Subclass 888 Eligibility Criteria

To be eligible you usually need to be the holder of Subclass 188 and other categories of Business Visa in QLD mentioned in the prior section, along with meeting the following requirements set by the Department of Home Affairs and Migration Queensland.

Skilled Work Regional (Provisional) visa (Subclass 491)

If you are a small business owner in regional Qld, you can apply for this visa under the Small business owners in regional Queensland stream. If approved for this Business Visa in QLD, you will be able to live and operate your business in regional Qld for 5 years. Like the previous visa categories, this visa is also based on point test score and requires state nominations. More information on eligibility conditions are available below.

Subclass 491 Eligibility Criteria

In order to apply for this provisional visa (Subclass 491) you need to meet the minimum eligibility requirement set by both the Department of Home Affairs and the Migration Queensland.

Subclass 491 also has other streams to apply under. To know more about the other streams under Skilled Work Regional (Provisional) Visa (Subclass 491) and Skilled Nominated Permanent Visa (Subclass 190), you look here.

Investor Retirement (Temporary) visa (Subclass 405) Renewal

If you have held a Retirement visa (Subclass 410) or Investment Retirement visa (Subclass 405), you can apply for a renewal by emailing (migration@qld.gov.au) the Migration Queensland . You would need to provide the following information:

• Your full name 
• You date of birth
• Your current visa expiry date

After you have sent your email, the Migration Queensland will get back to you with all the necessary documents to lodge your renewal application.

How to apply for Subclass 188, 888 and 491?

Step 1

Before you start with anything you need to vigorously check:

• The minimum eligibility requirement and visa conditions set by both the Department of Home Affairs and the Migration Queensland for the Business Visa in QLD.
• Get a good idea on the document checklist.
• Prepare all the necessary documents.
• Start with the preparation beforehand so that you don’t miss any important deadlines.

Step 2

You need to submit an Expression of Interest (EOI) for the appropriate Business Visa in QLD , for Migration Queensland to evaluate whether you qualify for state nomination or not.

• You need to submit the EOI on SkillSelect.
• Include your work experience and all other relevant information, more is discussed in the subsequent step.
• Make sure to select “Queensland ”as your nominating state, as applications with specified states will be given priority over those with “Any”.

Step 3

If you’re applying for a Skilled Work Regional (Provisional) visa (Subclass 491) under the Small business owners in regional Queensland stream, then you need to submit the following form:

• Submit the online 491- Small Business Owner Assessment form

Step 4

After your EOI for the appropriate Business Visa in QLD has been evaluated by Migration Queensland, if you qualify for the nomination you’ll be notified via an email invitation. The email invitation will ask you to lodge an application and provide the following documents. All the documents need to be uploaded digitally via the Document Portal link on your email invitation.

• Queensland State Nomination Application Form
• Business Proposal
• Home Affairs Form 1139A

Step 5

Once your application and provided documents have been assessed and approved you will receive an invitation from Migration Queensland. Following the invitation you will need to do the follow:

• Upload all the required documents
• After all the documents are successfully uploaded, you need to make payment of the non-refundable application fee to finalize your application.

Step 6

If the Queensland Migration approved your completed application, you should receive an invitation from the Department of Home Affairs to lodge your visa application for the requested Business Visa in QLD. You would need to complete your application within 60 days from the date of invitation.

It’s important to note that if you miss any of the lodgement dates, you would need to restart the whole application process for Business Visa in QLD and you need to wait for 6 months before you can apply again.

What we can do for you?

If you are worried where to start or achieve the right Business Visa in QLD or other states or territories then we can assure you that you are in the right place. At Path Migration, we have already helped new and seasoned investors and entrepreneurs to set up their business all over Australia. We have a team of immigration lawyers who are specialized in this field. Aside from having an in-house chartered accountant, we also partner with various industry stakeholders to provide you with a holistic service. We also handle visa refusals and visa cancellation cases. If that happened to you, you mustn’t waste any time and get in touch as soon as possible as these are very time-sensitive cases.

If you sound like someone who would benefit from our wide network of industry specialists and would like to put forward the best application for your Business Visa in QLD, then you can contact us or directly email to hello@pathmigration.com.

You may also be interested in:

• Queensland’s Skilled Migration Program- 190 visa and 491 visa

• Business and Investor visas in NSW

• How to Set Up a Company in Australia?

• Employer’s Guide For Foreign Workers Sponsorship Under the 482 Visa Stream

• Skilled Migration Visas For Australia

The post Business Visa in QLD: 188 and 888 visa, 491 visa first appeared on Path Migration and is written by sonal

Australian Visa Cancellation: All You Need To Know

Are you someone who got the blues because of those inevitable worries for Australian visa cancellation? If that sounds like you, then do know that you are not alone. After all, visas are a significant part of your life and future. However, there are ways that you can better deal with your worries.

You can always learn more about what Australian visa cancellations entails and what options you have, in case you are ever faced with one. Therefore, we have taken this opportunity to explore all the questions and concerns surrounding Australian visa cancellations. We hope this will help you with both avoiding any risks that may potentially lead to an Australian visa cancellation, as well as, make use of  all the opportunities that you have if your Australian visa gets cancelled.

What to do if my Australian visa gets cancelled?

• Firstly, you must consider making an application for appeal or another visa that may be applicable to you.
• Simultaneously, you should also apply for a bridging visa, which allows you to lawfully stay in Australia, as you await the outcome of our substantive visa application.
• Get in touch with the Department of Home Affairs or an Australian Migration lawyer to know more about your rights and obligations (that you might be subjected to).

How long can I remain in Australia after visa cancellation?

• After your visa has been cancelled, carefully check the Notice of Cancellation for an appeal option. If you are able to apply for an appeal then you can lawfully stay in Australia until a decision has been made on your appeal application. If your migration application is appealed to the Administrative Tribunal it could be at least 2 to 4 year before your case is assigned to a member. If your migration application is appealed to the Federal Court the current wait time can be at least 12 months before a hearing.
• In the situation where you do not hold any visa according to the Australian Migration Laws, you may be detained by the authorities if you fail to depart Australia by the specified date.
• If you aren’t sure what your options are after the cancellation of your current visa, then we would recommend that you seek professional consultation prior to departing Australia.

At Path Migration, we have a team of immigration lawyers who have dealt with many visa cancellation and refusal cases. Our team works closely with the clients and we have always been able to ensure lawful stay of our clients. We can help you apply for an appeal and get your visa cancellation revoked. In addition to that, the team can also help you apply for other visas that you may qualify for. For more information, or to discuss your case feel free to contact us, or just send us an email at hello@pathmigration.com.

What are the visa conditions after Australian visa cancellation?

• If your Australian visa has been cancelled, then you are no longer bound to any visa conditions, since you need a valid visa for those conditions to be effective.
• Your stay, however, will become unlawful in Australia, therefore, to avoid detention by Authorities, you must voluntarily depart Australia by the specified date or apply for another visa.

What happens during the interim period between receiving the Notice of cancellation and departing Australia or applying for an appeal? 

• After you receive the notice of cancellation you should ensure that you maintain your legal status in Australia by ensuring your bridging visa is still valid and if it is not, then you must apply for a bridging visa.
• While your case is waiting for a decision you should still maintain the conditions of the visa that was cancelled. For example, if your student visa was cancelled; then you should ensure you continue studying as this will be important evidence that will assist the visa Appeal.
• If you receive a notice of cancellation it is important to contact an Immigration lawyer as there are time limitations on applying for appeals and another visa.

What to do if my sponsored employer cancels my sponsored employee visa?

• As a sponsored employee your visa can be been cancelled due a number of reasons including:

1. You have been made redundant or you are asked to leave the company for breaching the employment contract.
2. Your sponsor has breached the conditions of Sponsorship and cannot sponsor employees.
3. Your sponsor has decided to sell the business and the new owners may not wish to continue to sponsor or change the ABN details of the new entity.

The above are some examples of why a change in the Sponsor’s situation may impact on your 482 visa. The next steps that you can undertake will be dependent on your particular situation. A couple of different options are explained below:

• If your a holder of Temporary Work (Skilled) visa (subclass 482), and your employment with your sponsored employer has ended prior to the expected date then you need to undertake one of the following actions:
  • You’d need to find another employer, who’d sponsor you.
  • Apply for another visa that you may qualify for; this could include Student Visa, partner visa or a training visa.
  • Prepare to depart Australia.
• If you believe that you have been let go unfairly, or you expect your employer might be letting you go soon, then we’d recommend that you seek legal advice beforehand so that you are prepared for the unexpected.

Can my employer cancel my 482 visa?

• The 482 visa can only be cancelled by the Department of Home Affairs. Actions taken by your employer can result in your 482 visa being cancelled. If there’s any change in your employment arrangement that may affect your visa, they are legally bound to notify the Department of Home Affair of those changes.

What happens to my Superannuation fund?

• If your visa has been cancelled or it expired, and you are departing Australia permanently, in that case you can access your super for free with the ATO’s DASP online system.
• Before you can access your superannuation you will need to provide a copy of your cancelled visa to the Superannuation fund.

Path Migration has helped many businesses sponsor new employees, therefore, the team can provide advice regarding the rights and responsibilities, and options for both sponsored employees and sponsor employers. Our team has wide experience in Skilled Migration visas, Business Skills migration visas, Employer Sponsored Work visas, as well as the Administrative Appeals Tribunal (AAT) Review, Judicial review and Ministerial Intervention. For more information, do not hesitate to contact us.

Can I cancel my visa?

• If your circumstances have changed and you’d like to have your current visa cancelled then you’d need to do that by writing to the Department for Home Affairs. It is important to note here that this process takes some time to process.

How to cancel my visa application?

• If you have recently lodged an application for a visa that you haven’t received an outcome for yet and now would like to withdraw your application, then follow these steps.
  • Log in to your ImmiAccount.
  • Click on ‘view’ to open your application.
  • Then select ‘Update details’
  • Finally click on ‘withdrawal of a visa application’ to permanently withdraw your application.
• Prior to withdrawing, do note if your current visa is a bridging visa or not. As the bridging visa might also cease if you withdraw the application based on which that bridging visa has been granted.

Can I cancel my appointment with the Department of Home Affairs?

• If you fail to show up on your scheduled appointment without any prior notification regarding the change, in that case the Department of Home Affairs will proceed with their decision on your visa application or your case as they deem the best.
• However, if you are able to provide a reasonable explanation for the failure to show up, you would need to provide your reasoning in writing to the case officer as soon as possible.

Why was my visa cancelled?

• You were non-compliant with your visa conditions. This can include:
  • If you are a student visa holder, and you are no longer enrolled in a registered course.
  • If you fail to fulfill the obligations to answer questions about goods on your incoming passenger card; or you fail to follow the directions given by a bio-security officer.
• You did not meet the character requirements
  • You have been sentenced to 12 months or more imprisonment.
• You have provided false information on your visa application
• You have been charged with paying for a visa sponsorship.
• To know specifically why your visa has been cancelled you need to check your Notice of Cancellation.

Will the visa application fee be refunded if the visa has been cancelled or visa application rejected?

• No, the visa application fee and the visa cancellation appeal fee are both non-refundable. Therefore, regardless of the outcome, the fee will not be refunded.

Can my Permanent Resident visa be cancelled?

• For those with a permanent visa, the risk of visa cancellations are still there like any other visa if you fail to comply with your visa condition.
• However, do note that unlike temporary visas, the permanent visas are slightly harder to cancel.
• These permanent visas can be cancelled regardless of whether you are located on-shore or off-shore.
  • In case you happen to be off-shore at the time of cancellation, the chances of you applying for an appeal becomes very difficult.
• Therefore, if you are anticipating that your visa might be cancelled, it would be recommended that you remain in Australia until you have received a final decision. This will allow you to utilize the option of filing an appeal.

Is it possible for a cancelled visa to be reinstated?

• After having applied for an appeal for a cancelled visa, if the Administrative Appeal Tribunal (AAT) determines that the prior cancellation decision has been incorrect, in that case your visa is no longer cancelled. Unfortunately, due to terminology, it’s not said that your visa got reinstated, rather, after the AAT’s decision, it’s treated as if the prior incorrect decision of visa cancellation never happened.

Do Permanent visa holders get deported?

• If your permanent visa has been cancelled and the AAT decides that the prior decision of visa cancellation sustains, in that case either you depart Australia voluntarily or you get deported from Australia by the immigraton authority.

Can the Permanent Residence visa be revoked?

• If the immigration authorities determine that your circumstances have changed so drastically that according to the laws and requirements on which you have been granted that permanent residence visa can no longer fit you, in that case your visa gets cancelled. Again, it’s a matter of terminology, that we say your visa is getting “cancelled” rather than “revoked”.
• One of the common examples of why your visa might be cancelled is if it has been discovered that you provided false information in your application.

Can a permanent visa expire?

• Usually permanent residence visas have a time limit, for example a 5 year validity.
• This time validity works slightly differently from other visas with similar validity.
• If the time limit expires, that means you’re still able to remain in Australia, however, your option of travelling overseas with an expired visa is curtailed. Unfortunately, if you depart Australia, you won’t be able to re-enter after that 5-year time validity period has expired.

What can lead to the cancellation of 186 visa?

• If it has been unearthed that either you or your sponsor employer has provided false or misleading information. This can be in relation to your skills for occupation based on which you are being nominated.
• Also if it has been found that the relationship between primary and secondary applicants is fake.

How to apply for an appeal against a visa cancellation?

• You need to check your Notice of Cancellation to see if you have the option of appeal or not.
• If you have the option to file for an appeal, then you must submit the application with the AAT by the given deadline on your notification letter.
• The application is made online.
• At the time of application, you also need to pay an application fee for your application to be reviewed.
• So that your stay in Australia does not become unlawful due to not having a valid visa, after filing for an appeal you can apply for a bridging visa.
• Another thing one must note is that generally the deadline for applying for an appeal for a visa cancellation is substantially shorter than that of visa refusal. Therefore, in case of visa cancellation one must act fast if they are to utilize all the opportunities present to them.

Visa cancellations under Section 501 or 501CA of the Migration Act 1958

• Unfortunately if you have been convicted for criminal activities for more than 12 months, a mandatory cancellation will apply to you.
• In fact, this Section 501 gives the Minister the power to cancel your visa if your criminal convictions equals or exceeds 12 months.
• If you receive a Section 501 cancellation it is very important that you make submissions within 28 days to the Department of Home Affairs. If you fail to respond to the cancellation your appeal grounds can be limited.
• Factors to consider that you may want to consider including in your submission to the Department of Home Affairs relating to the Section 501 is

• Disclose all your family members in Australia
• Discuss the nature of the offence and the reason it was committed
• Focus on the steps you have taken to not commit further offences; this could include training courses or rehabilitation.
• Outline the people that would be impacted if you are deported; for example children or elderly family members

What to do if your visa has been cancelled under Section 501?

• You would need to submit an appeal. You need to make sure that your application is very well presented with all the right documents and reasonings. As explained above it is very important to make submissions relating to the Section 501 cancellation as soon as possible. You must respond to the Department of Home affairs within 28 days.
• In case you are late meeting the deadline, you may still have a chance to lodge an application. We would recommend that you contact an immigration lawyer to help you with this.

At Path Migration, we have dealt with many visa cancellation and refusal applications. We have been successful in reinstated permanent residency for clients that have had their visa cancelled due to criminal activities relating to fraud and drug offences. The S501 submissions are very complex and it is highly recommended that you consult an immigration lawyer to assist with these types of applications.

At Path Migration, we have a wonderful team of immigration lawyers who are highly experienced and specializes in migration law. To book your personalised consultation please contact us or email directly to hello@pathmigration.com.

You may also be interest in: 

• Australian Border opening Advice
• Australia’s Travel Exemption
• Australian Migration: July Invitation Round 2021
• Tasmania Skilled Migration 2021- 2022: 190 and 491 visa
• Employer’s Guide For Foreign Workers Sponsorship under the 482 Visa Stream

The post Australian Visa Cancellation: All You Need To Know first appeared on Path Migration and is written by sonal

Queensland’s Skilled Migration Program- 190 visa and 491 visa

According to the recent announcement made by the Queensland Government, the Queensland Skilled migration program is currently open for nomination. That means if you are a professional with your occupation listed on the eligible occupation list or a graduate from Queensland, you are able to apply for permanent residency through 190 visa or pave the way to permanent residency by applying for 491 visa.

Famously known as the Sunshine State with incredible weather and amazing career opportunities, Queensland has it all. Not only are the cities listed here as the world’s most liveable , but it’s offering of a high standard of living makes this state an ideal place for work and living among many skilled migrants. If you are still uncertain, then here are a few lists of things commonly offered by Queensland, which we are certain would help you make the right choice for your life.

• It offers equal work opportunities.
• Safe working conditions are never up for questioning or ever compromised.
• Did you know that according to the OECD 2019 list, it offered the world’s highest minimum wage?
• And the list of all the places that you can vacation at with your friends and loved ones is just absolutely endless.

Skilled Visa Options for Queensland’s Skilled Migration

If you are considering applying for a state nomination from Queensland, you can apply for either of the visa categories, depending on your minimum requirement eligibility.

• Skilled Nominated Permanent Visa (Subclass 190)

• Skilled Work Regional (Provisional) Visa (Subclass 491)

The state government has a quota of 1,000 places for the Skilled Nominated Subclass 190 visa and 1,250 places for the Skilled Work Regional (Provisional) Subclass 491 visa. The minimum eligibility requirements for both of the visa categories are listed in the subsequent sections.

Skilled Nominated Permanent Visa (Subclass 190)

This is a permanent visa category, which is based on point-test and allows skilled migrants to live and work in Queensland permanently.

There are three streams under which one can generally apply for nominations. However, due to COVID-19, the Skilled workers living offshore stream is currently closed, and will be reviewed in December 2021.

The other streams that you can apply under are as follow:

• Skilled workers living in Queensland

• Graduates of a Queensland University

Eligibility

To be eligible for this nomination from Queensland, you need to meet the minimum requirement criteria set out by both the Australian Department of Home Affairs and Migration Queensland.

The eligibility requirements to apply for this visa are as follows.

• You must have a point-test score of above  80, including the state nomination points. It’s important to note that Migration Queensland will be selecting candidates with the highest scores for each occupation. Therefore, even if you have a score above 80, there’s no certainty that you’ll be selected for state nomination.
• For the Graduate stream, your PhD course at a Queensland university/institute needs to be 100% completed.  Note Masters or Bachelor graduates cannot apply for this visa under the graduate stream.
• To be nominated, you need to select an occupation that’s listed on the eligible occupation list.
• You need to undertake a positive skills assessment in your nominated occupation.
• You are under the age of 45.
• You also need to meet the minimum English Language proficiency requirement as set by your nominated occupation.
• If you are providing work experience in your application, you need to show a full-time post-qualification work experience, consisting of at least 35 hours of work per week, for at least the last 6 months prior to submitting your application.
• If you intend to use an employment contract as a part of your application, you need to sufficiently prove that you are currently employed with a Queensland employer that is registered in Queensland for at least the next 12 months. You also need to meet the minimum 35 hours per week work requirement.
• You have to commit to living and working in Queensland for at least 2 years after the grant of the 190 visa.

Skilled Work Regional (Provisional) Visa (Subclass 491)

This is also a point-tested visa, however, it’s a provisional visa that allows you to stay and work in Australia for 5 years. This visa allows you to develop a pathway to get a permanent visa later on. You can apply for this visa if you are a skilled worker, and you have an employment contract in regional Queensland. If you are successfully granted this visa, you’ll also be eligible for Medicare.

There are four streams under which you can apply for this visa. Similar to the previous visa discussed in the previous section, unfortunately due to COVID-19, the Skilled workers living offshore stream is currently closed, and will be reviewed in December 2021.

The other streams that you can still apply under are as follow

• Skilled workers living in Queensland

• Graduates of a Queensland university

• Small business owners operating in regional Queensland

Eligibility

To be eligible for this nomination from Queensland, you need to meet the minimum requirement criteria set.

• You need a point-test score of at least 65 (inclusive of the state point), before you are eligible to apply. It is also important to note that Migration Queensland will be selecting candidates with higher scores, therefore, securing a minimum score of 65 doesn’t necessarily mean you’ll be chosen for nomination.
• To be nominated, you need to select an occupation that’s listed on the eligible occupation list.
• You need to undertake a positive skills assessment in your nominated occupation.
• You are under the age of 45.
• You also need to meet the minimum English Language proficiency requirement as set by your nominated occupation.
• If you are a current Masters or Bachelor student or recent graduate from a Queensland university/ institute, you can also apply for this visa under the Graduate stream.
  • To be eligible you need to prove that your course is 100% complete, and you have a minimum GPA of 6.0.
  • For Graduate stream applicants, no job experience is required, but you need to provide a job offer for at least 20 hours per week for the upcoming 12 months.

• If you are applying under the Skilled worker living in Queensland stream, you need to provide at least a three month full-time work experience.
  •  The work experience must show that you have been living and working in regional Queensland after the completion of your qualification.
  • Your full-time work must include a 35-hour per week work schedule.
• If you don’t have any work experience and you are applying under the Skilled worker living in Queensland stream, you can also include an employment contract for ongoing employment in a regional area of Queensland.
  • You need to be employed with a Queensland employer that is registered in Queensland for at least the next 12 months.
  • You also need to meet the minimum 35 hours per week work requirement.
• If you are a small business owner operating in regional Queensland, you can apply for this visa under the Small business owners in regional Queensland stream. You are required to meet the following requirements, along with the basic requirements stated above.
  • Prior to submitting your application, you need to show that you have successfully been operating your business for at least 6-months. However, if you have a start-up business you have to show that you have been successfully operating your business for a minimum of 2 years prior to applying.
  • You are currently on a valid visa that allows you to work on your business full-time, i.e. for a  minimum of 35 hours per week.
  • You need to show evidence of a purchase of an existing business in regional Queensland. It’s important to note here that any home-based businesses unfortunately don’t meet the requirements; and in the case of a purchase of a franchise, you need to be successfully operating for a minimum period of 2 years before you can apply.
  • If you happen to purchase an existing business, the minimum purchase must be of AUD 100,000. If you are running a start-up business, then along with operating for 2 years, you also need to show  a minimum turnover of AUD 200,000 in the year prior to your application.
  • You need to have 100% ownership for your business, unfortunately no partnerships or joint ventures are accepted for this visa state nomination.
  • You must have at least one employee in your business. The employee needs to be an Australian resident.
  • You also have to provide evidence of adequate settlement funds. More information on the Settlement Fund Declaration can be found here.
• You have to commit to living and working in Queensland for at least 3 years after the grant of the 491 visa.

Once you are certain which visa category you better fit in, and have a higher chance of getting nominated for, you can prepare for the application.

How to Apply for Queensland’s Skilled Migration

The application procedure, although quite complex, has been designed in a few steps to help you easily apply for Queensland Skilled Migration Program.

1. Eligibility Requirement: You must very carefully check the minimum requirements set out by both the Australian Department of Home Affairs and Migration Queensland. And have all your documents at hand.
2. Expression of interest (EOI): You need to log in to SkillSelect and add your EOI. Your EOI must include your work experience, employment contact, qualification documents and other important information. Please take your time in this step, and make sure you are providing all the correct information.
3. This Step is only for application under Small business owners in regional Queensland stream for 491 visa, if you are applying under other streams move onto the next steps. All the applicants in this stream, must submit the online 491- Small Business Owner Assessment form.
4. Invitation: After you have completed the above steps that apply to you, Migration Queesland will be reviewing your EOI, and check if you meet the minimum threshold for a nomination. Again, it’s important to remember that even if you meet the minimum requirement there’s no certainty that you’ll be selected for an invitation. Usually, applicants with really high point-test scores are chosen.
   1. If you have been selected for state nomination, you will receive an email invitation to make your application and provide the documents requested from you.
   2. All the documents must be uploaded through the Document Portal link mentioned in your invitation email; due to changes in rules, documents sent via email or post will not be accepted.
5. Documents: While you are uploading your required documents, you also need to pay a non-refundable application fee of AUD 20 (plus 20% GST) if paid within Australia, for Skilled Nomination (Permanent) visa (Subclass 190), as well as for Skilled Regional (Provisional) visa (Subclass 491).
   1. If you are applying for a Skilled Regional (Provisional) visa (Subclass 491) under the Small Business Owners Pathway, in that case, you can only apply if you are within Australia, therefore, payments are also made within Australia. In addition to that, the non-refundable fee that you must pay for the application processing is AUD 440 (plus 10% GST).
   2. The Migration Queensland will then be reviewing your documents, during this time, keep an eye on your email and mail, since they will be asking for more documents if they deem necessary.
   3. You must keep the time in mind as well, since after you have received your email invitation, you will only have 14 days to finalise your application from the date of invitation. In case you are unable to provide all the necessary documents within this time frame , then you must get in touch with Migration Queensland to seek an extension, so as your application is not closed.
6. Visa Application: After Migration Queensland has received your application, and approved all the documents you have submitted, The Department of Home Affairs will then send you an invitation to lodge your visa application.
   1. From the day you receive this application, you’ll only have 60 days to lodge your application.
   2. If you notice that you have made an error in your application, or your circumstances have significantly changed that you no longer fit the visa category that you have been invited for, or if you have missed the lodgement date, in that case you’d have to submit a new EOI after 6 months.

As mentioned previously, this application for Queensland Skilled Migration can become very complex and overwhelming. Not only do these applications include a lot of paperwork but from the steps above it’s apparent that one needs to keep track of the timing as well, which further adds to the complexity. Moreover, as an applicant in order to understand what papers to include and which category or streams gives your application the best chance of success, you should consult with professionals who are experts in the field of migration law.

At Path Migration, we have dealt with many applications and have always had a successful application. We helped with applications from current students and recent graduates applying for Queensland Skilled Migration ; we also assisted with setting up businesses in Australia through Queensland Skilled Migration .

If you are someone who is actively looking for permanent residency in Australia and would like professional consultation regarding your personal situation then do not hesitate to contact us. At Path Migration, we have a wonderful team of immigration lawyers who are highly experienced and specializes in migration law. To book your personalised consultation please contact us or email directly to hello@pathmigration.com.

You may also be interest in: 

• South Australia’s Skilled Migration Program from 2021-2022

• New South Wales Skilled Migration Program for 2021-2022

• Victoria’s Skilled Migration Program for 2021-2022

• Tasmania Skilled Migration 2021- 2022: 190 and 491 visa

The post Queensland’s Skilled Migration Program- 190 visa and 491 visa first appeared on Path Migration and is written by sonal

Western Australia Skilled Migration Program for 2021- 2022, is a great option if you are looking to migrate to Australia or transition to a permanent visa. Like any other state and territory in Australia, you first need to be nominated by a state before you are able to apply for the subclass 190 visa.

The Government of Western Australia nominates eligible migrants for the Skilled Nominated and Regional (Provisional) Skilled Nominated visa categories. To be eligible for the nomination you would first need to meet the minimum requirements. In addition to that after you have received your invitation, you would still need to comply with certain rules to be awarded the visa by the Department of Home Affairs.

The rules you must comply with are as follow:

• You need to satisfy the border rules at the time of application. If you are moving from another state or territory to Western Australia (WA), there are certain rules that apply as a part of WA’s controlled border arrangement. Therefore, you need to make sure that you are aware of the rules and you are obliging those at the time of move. More information on WA’s controlled border arrangements can be found here.
• The WA Migration Services processes the nominations on behalf of the State Government. Hence, after you have arrived in WA, you would need to register your arrival with them. Registration information can be found here.
• You need to have enough funds to cover you and all of your dependents for a minimum of three months. You must take into account the settlement costs and the living expenses to budget your fund. More information is provided in the latter sections.
• After you have arrived in WA, you have to live and work here for a minimum of two years.
• You are also required to complete a settlement survey every six months for this two-year period.

Application Streams for Western Australia Skilled Migration

So nominations for WA can be applied under two streams.

• Stream 1 (General stream): It has been currently divided into Schedule 1 and Schedule 2 occupations.

• Stream 2 (Graduate stream)

You need to match your current skills to see which stream better fits you. Once you are certain about the stream, you can apply for nomination under that stream. Do note that it’s a very important phase of your application as any wrong decision on your part might lead to an unsuccessful application.

In addition to that you must keep in mind that the window of application portal for nominations are only open for a certain time, thus, if you are under time constraint (i.e. you current visa is coming to an end soon) you must prepare ahead of time so that you are not missing out of any important deadlines. Furthermore, ensure that you are selecting the right category and submitting the correct documents to prevent any delay or invitation rejection from common human errors.

You can check what stream you can apply for based on the occupation you wish to be nominated under. The WA’s occupation list can be found here. This occupation list also identifies if you can apply for regional areas or not.

Western Australia Skilled Migration Visa Options

Depending on the occupation identified, you may be eligible for the WA State nomination using one of the following visa subclasses:

• Skilled Nominated Visa (Subclass 190)

• Skilled Work Regional (Provisional) Visa (Subclass 491)

Below is a list of common criteria that you need to fulfill to apply for nominations under either of the streams.

• Currently Reside in Australia

• • To be eligible for application you are required to be already living in Australia at the time of application. You can provide any one of the following documents as a proof of your residence in Australia.
    • Copy of Lease Agreement.
    • Your Utility Bill.
  • However, if you are subject to a section 48 bar, in that case unfortunately you are automatically not eligible for WA state invitation.

• English Requirement 

• • As a part of your application, you need to show that you meet the minimum English Proficiency required for your nominated occupation, according to the ANZSCO list.
  • Please kindly visit the Australian Bureau of Statistics website for information on ANZSCO codes.
  • However, if you are a passport holder from any of these countries- the United Kingdom, Canada, New Zealand, the United States of America or Ireland- you don’t have to provide an English proficiency certificate.

• Sufficient Settlement Fund

• • If you are currently living outside of WA, you are required to prove that you have enough funds to cover your settlement cost and living cost for a minimum of three months.
  • As a rule of thumb you should at least have  following amounts:
    • AUD 20,000 for a single person
    • AUD 30,000 for a couple
    • AUD 5,000 for every additional dependent.
  • You can provide your bank statements or papers on personal asset valuations to show you have access to the minimum fund.

• Occupations in Regional Australia

• • If you are looking to be nominated in an occupation in regional Western Australia, then that occupation first needs to be designated as “regional Western Australia only” in the General and Graduate stream occupation list for you to be able to apply for that nomination.

Requirements for General Stream

• The Two Occupation Lists

• • For Schedule 1, you need to show that you have a minimum of 1 year work experience in the occupation you are seeking to be nominated for.
  • For Schedule 2, you don’t have to show that you have any previous work experience. However, you are required to provide a genuine job offer in WA for the occupation that you are applying to be nominated for.

• Work Experience

• • You need to be able to claim a minimum of 5 points for work experience through your expression of interest lodged on SkillSelect. In order to achieve that you need to have a minimum of following achievements.
    • Over the past 10 years , you have a 1-year work experience in Australia in the nominated occupation or closely related field.
    • Or, over the past 10 years you have worked for a minimum of 3-years overseas work experience in the nominated occupation or closely related field.
  • You can only count the work experiences gained post-qualification, needs to be a paid employment, where you need to have worked for a minimum of 20 hours per week.

• Employment Contract

• • You are required to have a contract of full-time employment in WA in the nominated occupations or its closely related field.
  • The contract should show at least a 12 month employment tenure from the date of your application.
  • The contract should clearly state your employer details, job description, job title and related ANZSCO code, and all the terms and conditions of the employment.
  • In addition to the above, the contract must be signed and dated by both the employer and employee. However, do note that the contract can only be drafted by the employer, not the employee.
  • Full time employment is defined as an average of at least 35 hours work per week. You can also provide two contracts of employment to make up the 35 hours.
  • You will need to provide a copy of your contract as part of the State nomination application and it must be provided as one document.
  • Do note that any employment contracts submitted by an independent contractor or for self-employment do not meet the above requirements and are not suitable to apply for WA State nomination.

Requirements for Graduate Stream

• WA Study Requirement

• • In order to qualify for nomination under this steam, you need to show that you have gained any one of the following qualifications from an accredited educational institution in Western Australia.
    • It may include a PhD, Masters degree, Bachelor degree or other higher degrees (such as- Bachelor Honours Degree, Graduate Certificate or Graduate Diploma).
    • You can also include any vocational education and training (VET) qualification at a Certificate lll level or higher.
  • Your study period needs to be for a minimum of 2 years. It has to be a full-time and face-to- face education (do note that due to Covid-19 there has been a relaxation of the face-to-face requirement).
  • In case your degree is less than 2 years, you are also able to use different qualifications in order to make up for the two years.
  • The education institution that you are seeking to gain the qualification from has to be registered as the Tertiary Education Quality and Standards Agency (TEQSA), and it needs to be registered with the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).
  • If you aren’t sure how to find a WA accredited educational institution, then we recommend that you visit this website, which lists out all the WA accredited educational institutions.
  • At the time of making the visa application, you would need to be able to provide adequate evidence as a part of the completion of your WA study requirements. You can provide any or most of the following documents:
    • The award certificate
    • A complete record of your results, this may include your transcripts or a statement of attainment, which clearly demonstrate that a full-time study length of at least two years.
    • You can also include a letter from the accredited educational institution that confirms your course of study, mode of study, duration of study and the completion date. In case you have studied multiple couple courses, you would need to provide a separate letter from all of the institutions you studied at.

• Work Experience/ Contract of Employment

• • You need to have a minimum of 6 months work experience or a 6-month work contract in your nominated occupation or a closely related field.
  • If you are using Work Experience at the time of application, ensure that you are adding the following information on your expression of interest (EOI) lodged on SkillSelect.
    • Work experience was gained after you have completed your qualification.
    • It was/is a paid employment.
    • You need to have worked for a minimum of 20 hours per week.
    • It’s an employment in your nominated occupation or closely related field.
  • If you are using a contract of employment, you must include the following in your EOI.
    • You have a minimum of 6 months remaining for your tenure from the date of your application for the State nomination.
    • In case you haven’t started working yet, you need to start within 3 months of your application.
    • It’s an employment in your nominated occupation or closely related field.
    • It needs to be a full-time employment, i.e. 35 hours of work per week, in Western Australia.
  • If you happen to be a sole trader, then do note that you will not be able to apply for nomination under this stream using a contract of employment drafted by you as a sole trader.
  • For more information on fair contracts, we recommend that you visit: Fair Work Ombudsman website to know more about Independent Contractors and Employment contracts, and Employment Agreements outlined by Austrade.

After you have carefully conducted a personal evaluation to determine whether you meet most of the minimum requirements for one or more of the streams for state nominations, you can move on to the next section.

How to Apply for WA State Nomination

To make the process easy for you, we have listed out the application process in a few steps. However, do note that easy of the steps have a certain degree of complexity and we recommend seeking a third party help to help you with the application process.

• SkillSelect: You need to login to SkillSelect. There’s where you lodge your Expression of Interest (EOI).

• EOI: Your EOI is the most significant and fundamental document of your application. The whole outcome of your application substantially rests upon your EOI. Therefore, you need to spend considerable time and effort drafting a great EOI. Your EOI needs to include the following information:

1. 1. 1. Clearly state that you are seeking a state nomination from Western Australia; in case you are seeking nomination from other states or territories do make sure to correctly select that.
      2. You must indicate that your current residence is in Australia.
      3. You need a minimum of 65 points in the Department of Home Affairs points test.
      4. Adding your skills assessment evidence for the occupation you are seeking to be nominated under.
      5. You are applying under the Graduate stream, you would need to add the evidence of WA study evidence to your EOI.
      6. Evidence of your English language proficiency (do note it’s not applicable for a certain group of passport holders, check above).
      7. Clearly state that you are below the age of 45.
      8. Appropriate evidence of work experience and/ employment contracts.

• WA Migration Services: Once you have submitted your EOI on SkillSelect, WA Migration Services will be reviewing them.

1. 1. 1. If you qualify based on the ranking system, then you would receive an email with a link to the State nomination application form. After you have received that email, you have 28 days to complete that application.
      2. This is where you are also needed to provide all the documents to demonstrate that you meet the state nomination criteria.
      3. You are also required to pay a non-refundable application fee of AUD200.

• Outcome: If your application returns successful, you will be nominated by WA Migration Services on the SkillSelect, and you will also receive an automatic invitation from the Department of Home Affairs to lodge your visa application. If your application is successful, you would need to follow the rules mentioned at the beginning of this article.

It is very important for you to ensure that you are not providing any incorrect or misleading information as a part of your application. At any point after you have submitted your EOI for visa application if your circumstances have altered you must notify the respective authority. Do note that may alter your EOI point score. In the adverse event that your EOI point score falls and you feel that’s unjustified, you can add further appropriate evidence to redeem that point.

As we have already discussed previously, you need to be vigilant and mindful of the invitation round deadlines. More information on WA’s invitation round deadlines and requirements can be found here. We understand that this whole application process can be very tricky for you to handle by yourself, thus we do recommend that you seek professional advice to help you with the application process.

At Path Migration, we have dealt with many applications for state nominations and have always had a successful application. We take the time to carefully go through our clients’ documents and personal circumstances so that we are able to put forward an application that gives you the best chance of success.

Not only have we helped with applications for current students and recent graduates, but we have also assisted set up businesses in Australia for offshore applicants. We have also had a good many experiences with skilled individuals seeking permanent residency by highlighting how their work experiences are so well related to their current occupation and the occupation nominated.

If you are someone who is actively looking for permanent residency in Australia and would like professional consultation regarding your personal situation then do not hesitate to contact us. At Path Migration, we have a wonderful team of immigration lawyers who are highly experienced and specializes in migration law. To book your personalised consultation please contact us or email directly to hello@pathmigration.com.

You may also be interest in: 

• South Australia’s Skilled Migration Program from 2021-2022

• New South Wales Skilled Migration Program for 2021-2022

• Victoria’s Skilled Migration Program for 2021-2022

• Tasmania Skilled Migration 2021- 2022: 190 and 491 visa

The post Western Australia Skilled Migration Program 2021-2022 first appeared on Path Migration and is written by sonal

As Australia is fast reaching its vaccination targets, the Australian Prime Minister Scott Morrison has ardently announced the possibility of Australian borders reopening by the end of 2021. According to his announcements the priority will be given in the following order.

1. Australian citizen and permanent residents, who are stuck overseas;
2. Skilled migrants and international students.

Although the exact date is yet to be confirmed, from November onward it is expected that Australian citizens and permanent residents will be able to travel in and out of Australia. This is a part of Phase C of the National Plan to reopen Australia, where 80% of the Australian population is vaccinated.

For Australian citizens and permanent residents, who are fully vaccinated, they would only be required to quarantine for a week in their homes after they have returned. However, for those who haven’t been vaccinated they will be in managed quarantine for 14 day; in addition to that, the number of travelers in this group will be capped.

To know more about how this border reopening will be, it’s recommended that you read the following sections. This will be a quick guide for you on what you need to do and know prior to travelling to Australia.

Australia Travel Declaration

Prior to travelling to Australia, it’s mandatory for everyone to fill out the Australia Travel Declaration a minimum of 72 hours prior to your departure.

• Travellers who must complete the Australia Travel Declaration:
  • Australian citizens and permanent residents
  • Group of people who have been awarded the automatic exemption from Australia’s travel restrictions
  • Anyone awarded individual exemption to the travel restrictions
  • Transit passenger

• Travellers who don’t need to complete the Australia Travel Declaration:

• • Flight crew
  • Foreign diplomats
  • People travelling on military flights
  • People arriving by sea (both crew and passengers)
• The Australian Travel Declaration records:
  • Your contact details in Australia
  • Flight details
  • Vaccination records
  • Quarantine requirements
  • Your current Health Status
• You can complete Australian Travel Declaration by:
  • downloading the free mobile Australia Travel Declaration app from the App Store (Apple) or Google Play store (Android) or,
  • completing the desktop ATD online form
• After you have submitted the Australia Travel Declaration, you will receive an email. You would need to show the soft-copy or hard-copy of that email before boarding your flight to Australia or upon arrival to Australia. That email will contain:
  • A green response (with a tick)– This indicates that you don’t need to quarantine upon your arrival.
  • A blue response (with an hourglass)– This indicates that you would need to quarantine after arrival.
  • A red response (with a cross)– This indicates that your airline will decide if you can travel or not. If they do allow you to travel, you would need to quarantine upon arrival.
• If you have provided incorrect information on your Australian Travel Declaration or if you need to change any information due to sudden changes in  your circumstances, then you can try to update the details on your existing Australian Travel Declaration form. If you are unable to update it, then you need to submit another form.
• Please be aware that the Australian Travel Declaration is completely free.

Pre-departure COVID-19 test

Before departing for Australia, you are required to undertake a COVID-19 test.

• To be able to travel or transit through Australia, you need a negative COVID-19 Polymerase Chain Reaction (PCR) test result.
• However, if you are travelling on a quarantine-free flight from New Zealand, in that case, only a negative COVID-19 PCR test is needed to be taken 72 hours or less before your scheduled flight.
• You must always wear a mask, both in all the international flights and the airports.
• For more information on exemptions to the pre-departure testing, please check the Department of Health website.

Additional requirements

In addition to the above, you will also need to meet the following requirements to be able to travel to Australia.

• You undoubtedly need a valid visa to enter Australia
• You also need exemption to Australia’s travel restrictions. For more information on exemptions on travel restrictions, visit here.
• You need to have the authority to enter Australian states and/or territories. Information on each state’s and territory’s quarantine exemption contact can be found here.

Before you board your flight, please make sure that you have a copy of all the documents in hand, as you might have to show these documents before boarding your flight or upon arrival.

Quarantine Arrangement

As stated above unless you are coming to Australia on a quarantine-free flight from New Zealand or you have been deemed  to be not requiring quarantining, you must follow the quarantine obligations set upon you.  Both Australian citizens and permanent residents are required to quarantine.

• As deemed by the respective authority, you must quarantine for 14 days at a designated facility in your port of entry. You can travel to other cities, states and/ or territories after you have quarantined your designated port of entry.
• You have to complete all the required declarations and documents needed to arrange an adequate quarantining arrangement for you.
• You also need to follow the procedure in place for contact tracing, in the event of a positive COVID-19 case.
• For International travellers, it’s recommended that you check this guide for information on how to prepare for quarantine. You may also check this guide to help you better plan your time while in quarantine. In addition to that, international travelers may be required to pay the cost of their quarantining, therefore, it’s recommended that you budget your travel to Australia accordingly.

Returning Australians

Although when the border reopens the Australian citizens and permanent residents will be given priority, however, as an Australian citizen or permanent resident if you have trying to  return to Australia but to no avail you can register your details with the Department of Foreign Affairs and Trade (DFAT): https://covid19.dfat.gov.au/citizeninformation/s/ .

This registration with DFAT unfortunately doesn’t guarantee that you will be given a flight home, they will at least evaluate your personal circumstances and your eligibility for a seat in a government-facilitated commercial flight.

If you are seeking travel exemption or need professional assistance for your personal circumstances, you can contact us at Path Migration. If you have submitted a travel exemption application or visa application that has been refused or denied, our team of immigration lawyers can assist you sort it out. If you would like to get an assessment of your situation and the best possible course of action for you, please don’t hesitate to directly email to hello@pathmigration.com.

You might also be interested in:

• Australia’s Travel Exemption

• Changes in 485 Visa that you Should Know

• Employer’s Guide For Foreign Workers Sponsorship Under the 482 Visa Stream

• Tips for a Successful Partner Visa

The post Australian Border Reopening Advice first appeared on Path Migration and is written by sonal

NSW has opened various categories of Business and Investor visas that accommodate different investors, enabling them to establish their business in Australia. In comparison to other countries’ investment programs, the Australian Investment Visa pathway is considered more secure. The reason is this pathway allows the investor to invest in their own business, rather than providing the funds to another company to invest for you.

These Visas not only ensure a lifetime of business returns for you and your business, but also opens up your pathway for permanent residency. If you are wondering why invest in NSW, then look no further as we have jotted down only a few points, which we believe are enough for seasoned investors to realize the benefits.

Why invest in NSW?

• Firstly, Sydney undoubtedly has the majority share of the nation’s investments, therefore, NSW allows you to benefit from the developed infrastructure that’s already in place.
• Let’s not forget about the infinite possibilities that a good network of like-minded individuals can open up for you. You will be able to be a part of a community that will not only guide you with your business endeavours but also act as a safety net when encountered with difficulties.
• Being Australia’s largest and most diverse state economy, NSW gives you access to a market that is strong and resilient.
• To find out more information on why it makes sense to invest in NSW, please visit here.

If you are worried where to start or how it’s going to work out for you then we can assure you that you are in the right place. At Path Migration, we have already helped new and seasoned investors and entrepreneurs, to set up their business in NSW and all over Australia. Below is a summary of businesses we helped setting uo.

What can Path Migration do for you?

At Path Migration, we have a team of experienced immigration lawyers who are specialists in this field. We have helped clients from different countries, below we only list a few notable ones.

• Entrepreneurs and Investors from India: We have assisted many clients from India, who are aspiring entrepreneurs, innovators and businessmen. Through our in house network and resources, we assisted them in setting up businesses in the IT sectors, e-commerce and setting up educational institutions. One of the main requirements that Australian Investor clients from India need to ensure is that the information on Companies House India is accurate at time of visa application. We work very closely with the client to ensure that we reach out to the relevant body and get all the required documents to help with the application.
• Entrepreneurs and Investors from Bangladesh: The huge number of clients we have from Bangladesh have allowed us to establish an amazing network of community that we can always refer to our prospective Bangladeshi clients. For Investor clients from Bangladesh, the source of funds is a very important aspect of application to consider. At Path Migration, we understand that sometimes, it’s not always feasible for clients to understand exactly how the documentations on the sources of funds need to be presented. Therefore, to help you and ensure your application is submitted seamlessly, we have an in-house chartered accountant that assists with preparing the submission to satisfy the source of funds element of the investment visa.
• Entrepreneurs and Investors from Hong Kong: At Path Migration, we are considerate of the ongoing political situation there. In fact, the Australian Government has provided certain exemptions to the requirements due to the political situation in Hong Kong. Therefore, we can process the applications from the Australian Investor visa, while they are in Hong Kong. One of the key requirements that Hong Kong clients need to provide is Property valuations from the Royal Institute of Chartered Surveyors. Our team will be working closely with you to ensure that you properly understand the documents required and your best application is put forward for both you and your family.

If you have decided that you’d also like to be a part of the esteemed investor’s hub of NSW, then we are pleased to let you know that you have a couple of options that will allow you to achieve that. The Business and Investor Visas in NSW have already opened for 2021-2022.

Below is a list of visas you can apply to.

Provisional Visas

This is a temporary visa category that allows you to temporarily stay and set up your business in Australia. These visas also allow you to transition to permanent residence late on.

Business Innovation and Investment (Provisional) Visa (subclass 188)

This visa will allow you to establish your own business in NSW. Therefore, if you apply for this visa, you can own, manage and actively run your business in NSW, after you have successfully been nominated. There are various streams under which you can apply. The streams are as follows.

Business Innovation Visa stream (Subclass 188A)

As an investor if you have already established a business that is profitable and operating well, then this is a visa stream that you can consider applying for.It lets applicants operate a new or existing business in NSW.

Business Investor Visa Stream (Subclass 188B)

This is a temporary visa that is suitable for individuals who have had thriving experience in business ownership or investment management, which means the CEOs, senior managers and/or experienced investors. This provisional visa requires applicants to invest at least $2.5 million in designated investments and maintain business or investment activity in NSW.

Significant Investor Visa Stream (Subclass 188C)

This visa stream does not have any maximum age limit, therefore, as an investor if you are above the age of 55 this is a visa that is worthwhile to consider.This is for people who invest at least $5 million in designated investments and maintain investment activity in NSW.

Entrepreneur Visa Stream (Subclass 188E)

If you are an investor with profitable entrepreneurial skills and a project that will be successful in Australia, this is one visa stream that you might consider applying for. This mainly targets startups and early stage entrepreneurs to develop their projects in NSW.

Permanent Visas

The permanent visas usually have higher requirements to fulfill before they are granted. Therefore, if you think you might meet most of the requirements of the permanent visas, then you can apply for any one of the visas listed below.

Do note that, although any requirements may appear similar but each visa category is different, therefore, before applying we encourage you to carefully consider which visa category you are applying for.

Business Owner visa (Subclass 892)

This is a permanent visa. It lets you stay, own and manage a business in NSW indefinitely. To be able to apply for this visa,you need to hold any of the following visa subclasses:

• Business Owner (Provisional) visa (subclass 160)
• Senior Executive (Provisional) visa (subclass 161)
• Investor (Provisional) visa (subclass 162)
• State/Territory Sponsored Business Owner (Provisional) visa (subclass 163)
• State/Territory Sponsored Senior Executive (Provisional) visa (subclass 164)
• State/Territory Sponsored Investor (Provisional) visa (subclass 165)

Investor visa (Subclass 893)

If you hold a NSW Sponsored Investor(Provisional) visa (Subclass 165), then this visa allows you to continue your business or investment activity in NSW. To be eligible for this visa you need to show that you have had investment worth AUD 750,000 for 4 years.

Business Innovation and investment (Permanent) Visa (Subclass 888)

For entrepreneurs, investors and business owners to continue their activity in NSW.

• Business Innovation Stream: This visa lets holders of a Business Innovation and Investment (Provisional) visa (subclass 188) in the Business Innovation stream or the Business Innovation Extension stream, or holders of a subclass 444 (Special Category) visa, or certain holders of a subclass 457 (Business (Long Stay) visa, stay permanently in NSW.
• Investor Stream: This visa lets you continue your investment activities in NSW permanently.
• Significant Investor Stream: This visa lets you continue your investment activities in NSW permanently.
• Entrepreneur stream: This visa lets you continue your investment activities in NSW permanently.

Other Visas

Investor Retirement visa (Rollover) (Subclass 405)

The Investor Retirement visa (subclass 405) is for self-funded retirees who have no dependents and want to live inNSW during their retirement years. You can only apply for this visa if you hold a current 405 visa

Discontinued Visas

NSW is no longer offering the following visas.

Business Talent (Permanent) visa (Subclass 132)

From April 16, 2021, NSW stopped accepting applications for this visa.

Significant Business History Stream (Subclass 132)

NSW has stopped taking applications for this visa category as well.

If you have any questions or concerns about anything, do not hesitate to contact us at hello@pathmigration.com.

 For more information, please visit:

• New South Wales Skilled Migration Program for 2021-2022
• How to Set up a Business in Australia?
• Skilled Migration Visas For Australia
• Changes to Business Visa Australia: What it means for investors?

The post Business and Investor Visas in NSW first appeared on Path Migration and is written by sonal