English is the native language of Australia, hence it’s one the most important criterion when selecting an application for temporary or permanent migration. In fact, it is so important the the government has allocated extra points for higher English scores.

The following blog entails detailed information about the same.

Q) Which tests are accepted?

There are several English tests that the Department of Immigration accepts for an applicant to demonstrate their English ability. They include the following:

• IELTS test
• Occupational English Test (OET)
• Pearson Academic Test of English (Pearson PTE)
• TOEFL Internet Based Test (TOEFL iBT)
• Cambridge Test of English

IELTS (International English Language Testing System)
IELTS is the most popular test that applicants undertake to demonstrate their English language ability. The Department of Immigration accepts both, General Training and Academic test for assessment purposes. However, it is important to note that some skills assessment authorities require the applicant to undertake the academic version only. The IELTS test results are available after 14 days of the exam date.

OET (Occupation English Test)
The OET accesses the English proficiency for individuals in themedical and health care industry. The test should not be undertaken by individuals who wish to apply for a visa in an occupation not related to the medical or health care industry.

PTE (Pearson Academic Test of English)
The Pearson test is similar to the IELTS test in terms of components: speaking, writing, listening and reading. Except it’sa Computer Based Test (which is generally a good thing). The key benefit for undertaking the PTE is that the results are issued within 5 days.

TOEFL Internet Based Test (TOEFL iBT)
TOEFL is an Internet Based Test and has a number of test centers across the world. The duration of the test is 4.5 hours which is longer than IELTS and Pearson. The test results are available after 10 days of the exam date which is similar to the IELTS test.

Q) What score should I achieve and how many points do I receive?
English test results are divided into 5 main categories: Vocational, Functional, Competent, Proficient and Superior. Your minimum requirement differs according to the visa you are applying. However, for the “points test” following is the points allotment:

*GSM- General Skilled Migration
ENS- Employer Nomination Scheme
RSMS- Regional Sponsorship.
It should be noted that if you hold a passport from Canada, New Zealand, United States, United Kingdom and Ireland you achieve a competent level of English without undertaking the English test.

Functional English
Functional English is the minimum level of English that a secondary applicant(s) have to demonstrate at the time of application. However, if they are unable to achieve the required score, it doesn’t risk the primary applicant’s application.

It only means that they will have to pay an “English Education Charge” of about $4080 (If they achieve the score, then secondary applicant charge is only is $1800- this reduces further for subsequent applicants).
Functional English can be proven in many ways (not just through English Exam):

1. Successful completion of- (Australian equivalent) diploma/ trade certificate, higher degree, high school where the medium of teaching was English. OR

2. Successful completion of a primary education degree and 3 years (or more) of secondary education where the medium of Teaching was English. OR

3. Successful completion of at least 5 years of secondary education in English medium OR

4. Completion of at least 1 year full time study in Australia or equivalent part-time study towards a vocational degree, higher degree or an English Course.

5. Achieving the desired score in an English Exam (mentioned below):

Vocational Level of English
This is the minimum score required to obtain ENS and RSMS visa through the Temporary Residence Transitional stream. The score required to achieve a vocational level of English for each test is tabled below.

Competent Level of English
If you demonstrate competent level of English, you will not receive any points but it will make you eligible to apply for a skilled visa.The score required to achieve a competent level of English for each test is tabled below.

Proficient Level of English
If you demonstrate proficient level of English, you get 10 extra points for the English Language component of the points test. The score required to achieve a proficient level of English for each test is tabled below.

Superior Level of English.
If you demonstrate superior level of English, you get 20 extra points for the English Language component of the points test. The score required to achieve a proficient level of English for each test is tabled below.

HAVE QUESTIONS?

Our MARA registered immigration agents understand how stressful the migration process can be. Unlike most other migration law firms, our lawyer actually explain every step of the process in a no-jargon manner. In addition to this, we provide constant on call support. Contact us on hello@pathmigration.com for a Free Assessment and advice on your options for migrating to Australia.
OR

Book a Consultation now!

We are always happy to help! ?

NOTE: The information provided in this blog can not be construed as “legal advice”. You should not act based on the information provided here without consulting a registered MARA agent. Migration law is complex and changes very frequently, while we ensure our content is accurate, we can not vouch for how concurrent it is. To clarify any of your doubts call us on +61 2 8815 8135

The post English Language Requirement for immigration first appeared on Path Migration and is written by bhavesh

BENEFITS OF BEING AN AUSTRALIAN PERMANENT RESIDENT

“Permanent resident” is the name given to an individual who holds a permanent visa to reside in Australia for an indefinite period of time. Their rights and duties are very similar to that of an Australian citizen- they can work, live and study in Australia without any restrictions. They are also eligible for the same government benefits and services as the citizens (minor exceptions).

FOLLOWING ARE THE BENEFITS OF GETTING AN AUSTRALIAN PERMANENT RESIDENCY:

1) Right to live in Australia permanently:

As the name suggests, a Permanent Residency Visa entitles you to live in Australia permanently. The PR visa is usually valid for 5 years but it can be renewed easily and/or citizenship can be applied for within these initial 5 years.) Hence making the Visa a permanent one.

2) Right to Work without any restrictions:

2) A highly important benefit of the Australian PR is being entitled to work rights with No Restrictions. Moreover the government provides various other supports in case you ever suffer from unemployment such as bi-weekly payment, child support, recruitment services etc. The only restriction is that a permanent resident cannot work in “Public services or armed forces”. Only Australian citizens can work in the aforementioned areas.

3) Right to Travel:

The Australian Permanent Residency allows you to travel in and out of Australia for the whole duration of your visa. Even when your visa expires you are entitled to live in Australia, however you will need a “Resident Return Visa” if you are traveling in to Australia after your Permanent visa is expired. In addition to this, you are also allowed to enter and exit New Zealand without restrictions.

4) Education Benefits:

Primary and Secondary education is absolutely Free- sponsored by the government. The government provides various loans like HECS to Australian Permanent residents/ citizens and citizens. This includes education for all applicants on the visa, including your children.

5) Australian Born Child:

If you are a permanent resident and your child is born in Australia, he/she will by birth be recognised as an Australian citizen. Needless to mention the children will be entitled to all rights and benefits of an Australian citizen.

6) Sponsorship Privileges:

Permanent residency gives you the privilege to sponsor your relatives as well.

7) Health Care:

Permanent residents are eligible for “MediCare” which is basically government funded health insurance. “Medicare” looks after the health and well-being of Australians. Various programs available through Medicare are:

8) Social Welfare:

Permanent residents and citizens can avail social security benefits provided by the Department of Human Services if they are eligible for it. The eligibility criteria revolves around your income level, the number of dependents you have, your age, purpose of seeking the benefit etc. More information about the eligibility for obtaining these services can be found here: https://www.humanservices.gov….

9) Australian Citizenship:

Australian Residency is valid for 5 years, and you can apply for citizenship during this time. This means you get your own Australian Passport.

NOTE: This update or any previous updates on our website do not constitute “legal advice”. It’s advisable to call our office on +61 28815 58135 to seek professional advice from our MARA registered lawyers before acting on any information provided on this page.

HAVE QUESTIONS?

Our MARA registered immigration agents understand how stressful the migration process can be. Unlike most other migration law firms, our lawyer actually explain every step of the process in a no-jargon manner. In addition to this, we provide constant on call support. Contact us on hello@pathmigration.com for a Free Assessment and advice on your options for migrating to Australia.
OR

Book a Consultation now!

We are always happy to help! ?

NOTE: The information provided in this blog can not be construed as “legal advice”. You should not act based on the information provided here without consulting a registered MARA agent. Migration law is complex and changes very frequently, while we ensure our content is accurate, we can not vouch for how concurrent it is. To clarify any of your doubts call us on +61 2 8815 8135

The post PERMANENT RESIDENCY IN AUSTRALIA 2022 first appeared on Path Migration and is written by bhavesh

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

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

The Australian Capital Territory (ACT) government has newly added another stream to their Skilled Migration Program helping you achieve 190 visa. It is the Small Business Owner (SBO) stream that acts as a pathway to achieving 491 or 190 nominations in ACT, for anyone who meets the underlying requirements. This is one of the smart ways to aim for permanent residency in the long run.

Currently, aside from ACT, two states are also offering an opportunity for a place in the Small Business Owner stream. The states are Tasmania and Queensland. Therefore, or an individual looking to be nominated through this stream there are a couple of options for them to browse through. However, one must be cautious about the eligibility conditions because depending on the state and/ or territory they vary.

Before getting into the details of how to apply for the invitation of a place through the Small Business Owner stream, then subsequently applying for the visa, we’d first look into the eligibility conditions. To help you better understand the eligibility conditions and also know your options, the eligibility criteria of Queensland, Tasmia are also listed below, along with that of the ACT. This helps you with comparing the Small Business Owner stream in these states and territories, therefore, choose the option that better suits your situation.

The underlying conditions for the Small Business owner stream are as follow:

As you can see from the above table that briefly lists the conditions applicable for the SBO nominations, depending on the state and territory, the requirements are different. Therefore, before applying, you should carefully consider which state and territory gives you the best chance of success. In fact, we also recommend that you seek professional counselling to help you make the best decision.

If you believe that you are better suited to secure a place in the Small Business Owner stream in the ACT, then you can look into the application procedure outlined in the latter section.

Important Updates

Unlike other states and territories, the ACT follows a matrix system that determines your eligibility based on the score you get. Generally, anyone meeting the eligibility conditions can apply, however, the selection for invitation depends on the demand for the inhibition. The minimum cut off score is also decided after all the applications have been received and the total demand has been assessed.

Before moving on to the application procedure, there are few important things to take under consideration. Following the July 2021 announcements, few updates have been made to the ACT Small Business Owner stream. The updates are listed below:

• You are no longer required to provide the Commitment to Canberra statement.
• If you are a self-employed applicant then you should earn at least AUD520 per week, in case of full time employment, it should be AUD1000.
• The requirement that employees need to work in Canberra for an interstate employee has now been simplified. As they are able to work in a service office but it can be online or from home.
• The spouse employment requirement has also been simplified. In case your spouse fails to meet the requirements of being employed for at least 3 months, that’s still alright, as an tertiary qualification from an Australian institution in any occupation now suffices. The tertiary qualification can include 3 year trade, a Bachelor’s degree, Master’s degree or PhD.
• Unlike some states, for ACT 190 and 491 nomination under the SBO stream, one does not need a full time work right. Rather, the SBO employment eligibility is dependent on one’s minimum income, instead of working hours. Therefore, if you hold a student visa and have a minimum earning of AUD 13,000 in six months then you can apply for 491 and 190 ACT nomination.
• This update is for the best, as the SBO supporting documents have been reduced, however, a stat dec confirming the ACT business activity/ employees is still essential.

Application Process

Based on the above eligibility criteria and the recent updates, if you deem yourself eligible then you can follow the following steps.

• Submit the Canberra Matrix: First you are required to submit the Canberra Matrix in order to determine your score. It is important to note that one a matrix has been submitted, it can neither be updated nor be withdrawn. Therefore, you must be cautious so as not to make any error or provide any  misleading information in your matrix.

• Apply for ACT Nomination: If you have been invited to apply based on your score then you now need to apply for the ACT Nomination. You must make this application within 14 days after the day of the invitation grant. You also have to make a payment of AUD 300 as application fee. The ACT government only [provides one nomination place per person, unless you have a genuine reason for them to do otherwise. Therefore, you make sure that you are keeping track of your deadlines and your application does not have any errors.

• Apply for the Visa: If you successfully get nominated  by the ACT, you are then required to apply for the appropriate visa with the Department of Home Affairs. You must be wary that you need to apply for the visa within 60 days since you have been granted nomination.

This application process although appears pretty straightforward, however, understanding what papers to include and which category or streams gives your application the best chance of success can be a very complex and overwhelming process In addition to that these processes are very time sensitive, therefore, you must always be vigilant regarding anything that might be asked of you and provide those documents on a timely basis.

At Path Migration, we have dealt with any applications 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: 

• Employer’s Guide For Foreign Workers Sponsorship under the 482 Visa Stream
• Australian Business Innovation and Investment Program
• Skilled Migration Visas for Australia
• Australia’s Key Economic Indicators

The post Small Business Owner Stream: A Pathway for 190 Visa first appeared on Path Migration and is written by sonal

To respond to COVID-19, the Australian government has introduced flexible and temporary visa arrangements such as Temporary Activity (Subclass 408) that support Australia’s public health measures. Below we have explained which group of people are targeted by this visa, how one can apply for this visa and many other important facts regarding this visa.

What is a Temporary Activity Visa (Subclass 408)? 

The Temporary Activity (subclass 408 Australian Government Endorsed Event (AGEE) stream) visa has mainly been designed for anyone undergoing the following situations:

• You are currently in Australia, your current visa is expiring soon/ have expired, and you have no other visa options to extend your stay.
• Given the above circumstances, you can neither depart Australia because of Covid restrictions.
•  You have less than 90 days until the expiry of your current substantive visa or your substantive visa has expired not more than 28 day ago, and you would like to extend your stay as a critical sector worker.

If you find yourself to be in the midst of any of the above circumstances, then you may consider applying for this visa. If you are unsure whether your current circumstances can be classified as any of the aforementioned circumstances then we recommend that you seek professional consultation to better understand your situation and not miss out on any opportunities.

You can also continue reading to find out more about this visa.

Working in Critical Sectors

Other groups of people who are also eligible to apply for this visa are listed below:

• Working Holiday Makers who weren’t able to complete the 3 or 6 months work requirement in a specific occupation that would allow them to apply for a second or third Working Holiday maker visa, also they aren’t able to depart Australia can apply for this visa stream instead.
• Also Working Holiday Makers who work in critical sectors such as agriculture, food processing, health care, aged care, disability care, childcare, tourism and hospitality, and are not able to apply for any other visa are able to apply for 408 visa.
• Anyone who holds the Temporary Skill Shortage (subclass 482) visa or Temporary Work (Skilled) visa (subclass 457), who has lost their job may also be able to apply for a 408 visa.
• Anyone holding a temporary visa and is working in the tourism and hospitality sector can apply for the 408 COVID-19 Pandemic Event Visa.
• Those already in Australia with the Seasonal Worker Program whose visas are expiring, will be able to extend their stay in Australia by applying for a Temporary Activity (subclass 408 Australian Government Endorsed Event (AGEE) stream) visa.

If your visa has been granted, you will be eligible to stay in  Australia for the duration of your travel restriction or up to 4 years. Temporary visa holders working in the tourism and hospitality sector will be able to stay and work for around 12 months if the 408 COVID-19 Pandemic Event Visa has been granted.

Visa of Last Resort

It must be understood that one should only apply for this visa if they can’t depart Australia and if they are certain beyond any reasonable doubt that they don’t have any other visa to apply for which would allow them to legally reside and work in Australia. Since, whenever it is safe and feasible for you to return to your home country you will need to comply with it.

How to Apply for this 408 Visa?

As mentioned above, firstly you must be certain that this visa is applicable for your personal circumstances. Have the following documents at the time of application:

• Statement to show how you are impacted by the travel restrictions: This statement should provide information regarding why you aren’t able to apply for other types of visa; why you are not able to leave Australia before the expiration of your current visa, and finally, what measures are you undertaking to ensure that you are able to leave Australia safely whenever the travel restrictions are relaxed or lifted.

• Evidence of ongoing employment, if you are applying for this visa to be able to work or continue to work in the critical sector: This should include a confirmed date of your employment and the critical sector you are working in. Along with your detailed job description, it must also justify why an Australian citizen or permanent resident can’t fill out that position.

• Identity documents

• Financial documents: This can include employment or bank statements, as well as evidence of your financial position from your bank.

• Character documents: For this you need to obtain a police certificate.

• Partner documents

• Dependents under 18 documents

• Dependents over 18 documents

• Apply for the Visa by creating an account in or by logging into your existing ImmiAccount.
• You should know that there’s no application processing fee for the 408 visa application.
• The processing times are not currently available for this visa application.

Before you apply for this visa, we highly recommend that you seek professional advice first. At Path Migration we have a team of experienced immigration lawyers who help you by exploring your visa applications, designing a pathway to extend your stay in Australia or secure permanent residence.

If you want to ensure that you have a successful application and you aren’t missing out on other visa opportunities, then feel free to contact us or directly send us an email at hello@pathmigration.com.

For more information, please visit:

• Changes In 485 Visa That You Should Know.
• Employer’s Guide For Foreign Workers Sponsorship Under the 482 Visa Stream
• Australia’s Travel Exemption
• Global Talent Independent (GTI) Program: The Versatile Migration Pathway

The post COVID-19 408 Visa in Australia first appeared on Path Migration and is written by sonal

As 150,000 international students are currently stuck outside of Australia, significant changes have been made to the 485 visas to help these students post-study. If you are an international student, and find yourself in this situation, then you might want to be aware of the new changes made by the Department of Home Affairs. To understand what these changes are, we’ll begin by briefly understanding the 485 visa so that you are able to determine if this visa is applicable for you or not. Finally we’ll get into extensive discussion about the new changes made.

Temporary Graduate (Subclass 485) Visa

If you currently hold a student visa then after the completion of your study you might be eligible for this visa. The subclass 485 is a temporary visa that allows you to reside and work in Australia for 1 to 4 years depending on the stream you are applying under and  your qualification. The underlying eligibility conditions that one must meet before they can apply for this visa still mostly remains the same, the few changes that have been made will be discussed later.

To eligible for this visa you need to fulfill the following conditions:

• You cannot be over 50 years old.
• We have already stated that you need to hold a student visa, but it’s important to know that you need to have held that student visa no more than 6 months prior to when you are applying for 485 visa.
• The course that you study has to be CRICOS registered.
• There are three streams under which you can apply for this visa, and while applying for this visa you can apply under only one of the streams.
• There are visa processing fees associated with these visa applications, and the cost varies depending on the stream you are applying under.
• Finally, you have to include all the required and relevant documents as a part of your application.

The Streams

• Graduate Work stream 
  • If you graduate with skills and qualifications that are related to certain occupations demanded by the Australian economy, then you may consider applying for this visa.
  • Once granted, typically this visa allows you to stay and work in Australia for upto 18 months. Exceptions are made for Hong Kong Passport holders who may be granted a 5-year stay.
  • The visa processing fee is AUD 1,680.
• Post-Study Work Stream
  • This stream is suitable for students who are graduating with a degree.
  • Depending on your qualification, the stay period in this visa is between 2 to 4 years. Again, Hong Kong Passport holders who may be granted a 5-year stay.
  • The visa processing fee is AUD 1,680.
• Second Post-Study Work Stream
  • If you have graduated from an education institution that’s located in a regional area, then you may be eligible for this stream.
  • To be eligible for this stream you already need to be holding a Temporary Graduate visa in the post-study work stream, and if this visa is granted you are able to stay and work in Australia for an additional 1 to 2 years.
  • The cost of processing this visa is AUD660.

It must be noted that depending on the streams there are slight differences on the documents required in your application. Therefore, be very cautious while you are applying for this visa, making sure that you are choosing the correct stream. This visa also allows you to bring your family members as dependents, thus you also need to be aware of the documents required for dependents.

If you deem yourself to be eligible for this visa, but are concerned how it affects you given Covid-19 restrictions then you can check the following section. The changes have been made to better help accommodate all the international students studying offshore and onshore.

The New Changes Introduced

• Online study is counted towards your minimum onshore study hours: The Australian Study Requirement has been made more flexible so that students studying online both onshore and offshore are able to apply for this visa. This change is applicable for both new students and existing students. Therefore, even if you are stuck overseas that does not bar you from applying for this visa, however, you must still meet the other underlying criteria for this visa.
•  Online study outside Australia is counted from the time of Student visa grant: This means that even if you are offshore you still need to hold a valid student visa before you are able to apply for this visa.

• Flexible Time-frames: As discussed, you need to attach all the required and relevant documents as a part of your application. However, if you are affected by Covid-19 restrictions that are delaying you obtaining any of your required documents (such as: English proficiency certificate, bio-metrics and health check-up) then the Department of Home Affairs will be considerate of your situation. But you still need to attach your booking confirmation on your ImmiAccount  to show that you have taken the reasonable steps to book your appointment.
• Student Visa Conditions: Due to Covid-19, you might choose to defer your course. If your deferral is approved by your educational institution, then you will not be held to be in breach of your student visa conditions. In addition to that, if you are working in sectors that allow you to work more than 40 hours per fortnight, that is not a breach of your student visa condition either.
• Notifying the Department of Home Affairs: If you decide to return to your home country or have chosen to defer your study then you do not need to notify the Department of Home Affairs. Also these changes in your circumstances, definitely do not change your student visa, unless your student visa is formally expiring or you have indulged in any questionable activity that may have incriminated you to have led to the cancellation of your visa.
• Financial Difficulties: International students who are in Australia can also avail financial assistance if they are undergoing difficulty. The Pandemic Leave Disaster Payment has been introduced for anyone who is required to self-isolate or care for someone with COVID-19. International students are also eligible for this payment. Moreover, you can also seek COVID-19 Disaster Payment if you have been adversely affected by lockdown.
• Concerns regarding getting a 485 visa for the second time: Previously there has been talks regarding limiting the 485 visa as one time visa. This means that if you have previously been granted a 485 as a dependent and now you wish to apply for a 485 visa as the primary applicant then you will not be eligible for it the second time, regardless of you being the primary applicant. However, please be assured that as of yet, that change has not been made. Therefore, even if you have been granted 485 visa previously as a secondary applicant, you are still eligible and able to apply for it as a primary applicant.
  • That being said, only the people working and living in regional areas can extend their 485 visa by applying for the Second post-Study work stream, as discussed in the previous section.
• Hold student visa 6 months prior to application rule: One of the requirements to apply for this visa is that one must hold a student visa no more than 6 months prior to that time you are lodging the application. However, if you were outside of Australia between 1 February and 19 September 2020, then you are granted an exception to this rule. If you have held a student visa within the 12 months then you can still apply for this visa.

For more information on the eligibility conditions and the documents required to apply for this visa, it recommended that you check the Department of Home Affairs’ guideline. If you require consultation on personal circumstances or application, you can also reach out to our team at Path Migration.

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 benefited 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: 

• 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

• Australia’s Travel Exemption

The post Changes In 485 Visa That You Should Know first appeared on Path Migration and is written by sonal

Following the announcements on 14 July 2020, New South Wales (NSW) has been allocated 4000 places for Skilled Nominated Visa (Subclass 190) and 3640 places for Skilled Work Regional Visa (Subclass 491) as a part of it’s Skilled Migration Program 2021-2022. Relative to other states and territories, NSW has the highest number of place allocation for both Subclass 190 and Subclass 491. Therefore, it represents an opportunity for anyone looking to stay and work in Australia.

Thus, to understand how the NSW Migration Program 2021 – 2022 works, you need to know a couple of important things. First you need to understand the minimum requirements to help you determine if you are eligible to apply for this visa category or not. Secondly, it is vital to distinguish between Subclass 190 and Subclass 491, so that you can pin the correct visa category applicable for you. Finally, you can learn the application process in a step-by-step guide discussed later in this blog, to assist you in the simplest way possible when you are ready to start your application.

Minimum Eligibility

When it comes to applying for Skilled Nominated Visa (Subclass 190) and Skilled Work Regional Visa (Subclass 491), one must take into account a couple of important factors. Unlike other visa categories, one must receive an invitation from the state first before you are able to apply for Subclass 190. That’s mainly because a selection-based invitation process is used by NSW to make sure that the nominees are meeting the state’s skill demand for the economy.

Therefore, below is a brief outline of the minimum eligibility requirements for Skilled Nominated Visa (Subclass 190). 

If you deem yourself to be successfully meeting all the underlying minimum eligibility requirements then it would be recommended that you check out the application procedure discussed in the later section. However, if you find yourself lacking a few mandatory conditions then it’s worthwhile to see if you meet the requirement to apply for the Skilled Work Regional Visa (Subclass 491).

Although, 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). Therefore, the next section briefly discusses the  Skilled Work Regional Visa (Subclass 491) to give you the fundamental idea about the visa category to help you determine if it’s worthwhile for you to consider that visa.

Skilled Work Regional Visa (Subclass 491)

It must be understood that the minimum eligibility requirements of Skilled Work Regional Visa (Subclass 491) are slightly different from that of Skilled Nominated Visa (Subclass 190). This, of course, is inevitably due to the fact that both these visa categories are designed to systematically target different objectives and mitigate the economic needs of the state.

There are three streams that one needs to consider, while applying for this visa category.

• Stream 1- Living and working in regional NSW: You will be deemed applicable for this stream if you fulfill the following criteria.
  • First the occupation you are wishing to nominate should be on the nominated region’s occupation list. If it is on the list, you then need to obtain a valid skill assessment for that occupation.
  • You need to be living in a designated regional area of NSW. You should be residing there for a minimum of the last 12 months, before you apply under this stream.
  • You need to be working for a minimum of the last 12 months in the occupation you are nominating or in a closely related field,  the designated regional area of NSW.

• Stream 2: Recently completed study in regional NSW: You will be deemed applicable for this stream if you fulfill the following criteria.
  • Like the previous stream you also need a valid skills assessment for your nominated occupation.
  • You need to have completed your study or education with an education provider that meets the following conditions:
    • The study must have been completed no more than the last 24 months;
    • The education provider is based in a designated regional area of NSW.
    • Your study meets the underlying Australian Study requirements as outlined by the Department of Home Affairs.
    • Finally, your qualification needs to be at least closely related to the occupation you are nominating.
  • Lastly, but not the least, you have lived in the designated regional area of NSW for the whole duration of the study.

•  Stream 3: Hold skills in an occupation required in Regional NSW: You will be deemed applicable for this stream if you fulfill the following criteria.
  • Hold a valid skills assessment for an occupation that appears on your nominated region’s occupation list.
  • Be currently residing in an Australian state or territory

To determine if you qualify for any of the above streams you need to check if the regional area of NSW you currently reside is participating or not. The list of  participating regional NSW can be found here. If you meet the regional area check, along with all the underlying requirements discussed above, you can move on the application procedure discussed below.

Application Process

Both Skilled Nominated Visa (Subclass 190) and Skilled Work Regional Visa (Subclass 491) require an invitation from the state before you are able to apply for these visas. Before, it must be understood that this process involves a variety of paperworks, can get quite complex and can be time consuming. Therefore, you must harbour a lot of patience as you commit to undertake this important journey.

To keep it concise and easy to understand for your the steps have been broken down into the following:

1. Expression of Interest Submission
   • The first thing you must do is to submit your Expression of Interest (EOI) on SkillSelect. During this step if you are applying for nomination from NSW, do select NSW as your desired state.
   • It’s important to remember that an EOI is not a visa application and there’s no cost or fees involved when submitting your EOI in SkillSelect.
   • After you have successfully submitted your EOI, it will be valid and stored for two years.
   • During this period, you can update any changes to your circumstances on your EOI.
   • If your personal circumstances change for the better, then do know that any changes made on your EOI will also be reflected through a higher point score. That will help you rank higher and increase your chances of getting an invitation.
   • Do remember that your application will be directly refused if you provide any false or misleading information, hence, you must duly remember to update your application accordingly.
2. Invitation to Apply
   • If your application is successful then you will receive the invitation from SkillSelect.
   • During this period, it’s important to keep track of time, as from the day of invitation grant you have only 60 days by when you must apply for the visa with the Department of Home Affairs.
   • In case your application has not been approved, then unfortunately, you won’t be notified about that. Rather, the department releases the minimum score points for the EOI select bar, that point will be an indicator for you to conclude if your application has been accepted or not.
3. Application
   • Once you have all the documents that you need you can apply for the visa that you have been invited to apply for.
   • You apply for the visa through your ImmiAccount.
   • On your ImmiAccount application you need to attach all the documents.
   • During this phase, you also need to pay the required visa processing fee. Your visa application will not be processed unless you have made the payment.
   • After you have successfully received your application, you will be notified about the receival of the application via email. You will also be notified of any Bridging visa that may also be granted to you.

For your benefit the whole application procedure has been presented here in the most simplified manner. 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.

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: 

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

• Australia’s Travel Exemption

• Australian Business Innovation and Investment Program

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

The post New South Wales Skilled Migration Program for 2021-2022 first appeared on Path Migration and is written by sonal

On May 11th, as Australia’s federal budget 2021 was announced, the treasurer Josh Frydenberg made a very important statement, “Australia is coming back”. As the world is still grappling with a pandemic and the economic recovery is still heart-wrenchingly slow, Australia’s budget appears to show a relatively rosy picture, with focus on an array of fronts to further stimulate the economic recovery to the pre-crisis levels. With a present unemployment rate of 5.6 percent, Australia is faring far better compared to other advanced economies. While it’s anticipated that the unemployment rate will further fall by 4.5 percent as this budget gets implemented. Now, although economic recovery  and unemployment rate is a broad term that is influenced by a variety of factors, in this blog we aim to highlight certain factors of the budget and discuss how it impacts the migration to Australia.

Firstly, this budget includes a plan worth over half billion dollars to attract investments from global businesses and talents around the world. It’s expected that this will drive job creation and bring in skilled workers that could accelerate the growth. They aim to achieve this by making changes to the existing tax laws and eliminating red tapes, so that start-ups can flourish in a more investment friendly environment and can hold on to skilled staff members. For instance, the instant asset write off has been extended for small businesses, therefore, if eligible, small businesses can immediately claim deductions. In addition to that, the Australian Tax Office will be providing ‘concierge’ services in order to expedite advising services for foreign inventors and make tax reporting easier for the Australian residents. To help retain the global talent, there are changes to the employee tax scheme rules, including removing the tax in point when one leaves the job, which means one can keep their shares without having to pay taxes at that point in time. Therefore, if you are an investor thinking for a safe destination to invest in, Australia does indeed fit all the right boxes to be called a safe investment destination.

Australia has performed very well in containing the virus and in this budget, it continues to unravel more strategy to help sustain the Covid containment and prevention measures. It has set aside an additional $1.9 billion for vaccines and a further $1.5 billion for any Covid associated medical expenses. Plans are also made to produce mRNA locally, which suggest huge opportunities for individuals and investors in the medical and pharmaceutical industry. With $1.7 billion allocated for childcare, it is anticipated that more individuals will be able to contribute to the economy by joining the workforce. Thus, households with working parents will be greatly benefited from this, as their costs on childcare diminishes and they get more favourable opportunities to invest in working.

Budgets are also allocated for infrastructural developments, and creating more jobs in the manufacturing sector. This indicates that construction and manufacturing companies will be greatly benefited in the coming years. Beside that, the world we currently live in thrives on digital innovation and development. Therefore, special focus has been put on the development of digital infrastructure and acquiring digital skills. In numbers, $1.2 billion is allocated for the Digital Economy Strategy. Therefore, if you have a business or a business idea that focuses on cybersecurity, artificial intelligence and other digital skills or knowledge, you might want to consider Australia as an investment sector as in the coming years Australia offers a great environment and opportunity for this kind of business.

Despite all these opportunities and a very welcoming environment, it is still important to remember that the repercussions of Covid is still lurking in the corner, and the Australian border with the rest of the world still remains shut. It’s expected to stay the same until mid next year, only with the assumption that the rest of the world will also be able to fare well with their virus containment and prevention measures. Given the intensity of this virus and the vigorous mutations reported, the picture of an open border appears to lie on a very thin egg-shell. But measures are taken to systematically bring people in. For instance, there are plans to bring in international students in small groups  by  the end of this year, while having a quarantining facility in place to help contain the spread of the virus. Although migration appears to be grim, that means international residents already on shore get a preference and if eligible they can apply for permanent residency.

It must be noted that, Covid has changed the way of life worldwide, not only in Australia. However, Australia still shines through as a country that dealt it with utter rigorousness and progressive strategy. As the county is gradually bouncing back to its pre-crisis level with a vigorous speed, it’s economic resilience evidently comes out as a leading force. Therefore, if you are currently thinking of investing in Australia, right now is a very good time to explore all the opportunities available to you. If you are an international resident currently onshore and looking for a permanent residency, this is a great time for you to go over the eligibility criteria and see where you fit in. We understand that immigration can be a very daunting process and you may need professional consultation to walk you through the process. If that sounds like you, do not hesitate to get in touch with us at Path Migration, where we promise to partner with you through this journey

For more information, please look into:

• Budget 2021- 2022: Securing Australia’s Recovery
• Federal Budget Insights 2021 – 2022
• Federal Budget 2021-22: Building a Healthy Recovery

The post Australian Federal Budget 2021: An immigration threat or opportunity? first appeared on Path Migration and is written by sonal

COVID-19 and remaining in Australia with a No-Further-Stay-Condition (Condition 8503)

Due to the recent travels bans that the Australian Government has enforced there are a number of temporary visa holders that have not been able to travel back to their home countries.
The situation could be that you are on a:
• Student Visa
• Graduate Visa – 485 visa
• Tourist visa
• Employer Sponsored Visa

The are a number of Australian visa options for you to remain in in Australia. It is very important that you are granted an Australian visa or bridging visa to ensure you are not in Australia unlawfully once your current visa ceases. The grant of an Australian Visa or bridging visa will ensure you can remain in Australia while the lock-down is in place. After the lock-down is over you can travel back to your home country and the Australian visa or bridging visa you have been granted to remain in Australia may cease.

No Further Stay Condition (Condition 8503) and seeking a waiver due to the Coronavirus

We have recently assisted a number of clients obtain a no further stay condition waiver (Condition 8503) due to the Coronavirus.

The key grounds to obtain a waiver of 8503 includes:
A. Demonstrate to the department that compelling and compassionate grounds exist to waive the 8503 condition.
B. Demonstrate to the Department that the applicant did not have control of the particular situation
C. The particular situation resulted in a major change in the applicant circumstances.

The impact of tighter travel restrictions placed on foreigners entering their home country and the reduction in flights leaving Australia as resulted in a number of visa holders seeking waivers.

HAVE QUESTIONS?
Contact us on hello@pathmigration.com to organize a free 15 minute consultation in relation to seeking a waiver or extending your stay in Australia due to the Coronavirus.
OR
Book a Consultation now! If you would like to book a 45 minute consultation to discuss your migration case with our lawyer please book a consultation.
We are always happy to help!

NOTE: The information provided in this blog can not be construed as “legal advice”. You should not act based on the information provided here without proper consultation based on your personal circumstance .

Migration law is complex and changes very frequently, while we ensure our content is accurate, we can not vouch for how concurrent it is. To clarify any of your doubts call us on +61 2 8815 8135

The post Coronavirus and remaining in Australia with a No Further Stay Condition (Condition 8503) first appeared on Path Migration and is written by sonal