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New Skilled Regional Visas

From 16 November 2019, current international students, workers and other temporary visa holders can apply for two new skilled regional visas which may allow them to:

  • live and work in regional Australia for up to 5 years
  • apply for a permanent visa without a second nomination stage through the proposed subclass 191 visa which will commence from 16 November 2022

Eligibility Criteria

Although the eligibility criteria for the new regional visas and the proposed permanent visa are not currently available, we expect that:

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the new Skilled Work Regional (Provisional) Visa (subclass 491) will replace the existing subclass 489 provisional visa and have similar requirements
the new Skilled Employer Sponsored Regional (Provisional) Visa (subclass 494) will replace the existing subclass 187 visa in the direct entry stream and have similar requirements
the proposed permanent visa subclass 191 will (presumably) be the second stage of the new employer-sponsored visa subclass 494 which means that visa applicants will need to demonstrate they have lived and worked in regional Australia while holding the new regional visas
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Permanent Visa – Sponsor Your Parents!

If you are a permanent resident or citizen in Australia, you may be able to sponsor your parents to stay and live in Australia.

Process

The process involves time and expense but naturally can be very rewarding! It includes:

  • paying application fees
  • completing necessary paperwork
  • selecting the right pathway
  • being patient

Categories

The two categories of permanent visas are “normal” and “contributory”. Their common features are:

  • for applications that have to be made offshore, your parents do not need to meet the age requirement at the time of their application and they are not required to go through the health and character checks prior to queuing
  • for applications which can be made onshore, they need to meet the age requirement, however, there is an exception which allows a non-aged applicant in Australia to make a valid application for an offshore subclass visa whilst in Australia
  • certain applicants are eligible for bridging visa A without conditions (only in limited circumstances)
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Prospective Marriage Visa

Prospective Marriage Visa Subclass 300

What is a Prospective Marriage Visa?
The Prospective Marriage Visa (Subclass 300), also known as the TO-300 visa, is intended for people seeking to enter Australia for the purpose of marrying their prospective spouse (an Australian Citizen, permanent resident, or eligible New Zealand citizen) after they arrive, and remain in Australia permanently after the marriage.

This visa enables the holder to enter and remain in the country for nine months. After marrying their prospective spouse, the TO-300 visa holder can apply for a UK-820/BS-801 Partner visa which, if granted, will allow them to stay in Australia permanently.

A person cannot be granted a further TO-300 visa, even where the wedding ceremony is delayed past the visa expiry date.

Eligibility
There are a number of eligibility requirements that need to be satisfied for this visa to be granted, including but not limited to:

  • Both the visa applicant and the sponsor must be at least 18 years old at the time of the visa application.
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Migration Business Sponsorship Update

With the introduction of the temporary skill shortage visa, it has become more difficult to sponsor foreign workers to Australia.

 

New Requirements

A business looking to nominate foreign workers (a nominee) should be mindful of the new requirements as non-compliance would risk refusal of your application, delay in the sponsoring process and negatively affect your business plan.

 

Pre-Conditions

The majority of businesses cannot immediately lodge a nomination application without having first completed two important processes:

  • labour market testing
  • making a contribution to the skilling Australians fund

If though you are an accredited sponsor, this process can be streamlined.

 

Labour Market Testing

A standard business sponsor is often obligated to first explore the domestic labour market for suitable Australian candidates who can fill in the nominated position.

It essentially requires:

  • advertising (and accepting applications) for the nominated position on at least 2 reputed and country-wide job listing newspaper(s) or website(s)
  • doing so for a period of at least 4 weeks within the 4 month period prior to lodging the visa nomination application for the nominee
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3 things to know when applying for a Partner visa

The Partner Visa program allows Australian citizens, permanent residents and eligible New Zealand citizens to sponsor their partners for a visa to permanently stay and work in Australia.

Similar to other pathways to migrate to the country, the requirements for eligibility for a Partner Visa are not straightforward – you or your partner will need more than just a genuine relationship to be successful in obtaining this visa.

With that in mind, we have set out below the 3 requirements that could make or break your visa application:

1. Length of your relationship

Unless you and your partner are married or have registered your relationship under the laws of your State, your partner needs to prove that he/she has been in a genuine de facto relationship for at least 12 months with an Australian citizen/permanent resident – this would involve providing evidence of the first day you and your partner committed to life together to the exclusion of all others.
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