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The latest on Australian Visas and immigration

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Permanent residence – transitional arrangements for 457 visa holders cease in March 2022

The Australian Government in 2017 announced that the Temporary Work (Skilled) subclass 457 visa program would cease and be replaced by subclass 482 (Temporary Skilled Shortage) visa. The subclass 482 came into effect in March 2018 with new eligibility requirements. The Department of Home Affairs (DoHA) announced transitional arrangements for…

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Ministerial intervention – Australian immigration law

I receive many enquiries from migration agents and lawyers seeking assistance with Ministerial intervention applications for their clients. What is a Ministerial intervention? When your visa has been refused by the Administrative Appeals Tribunal (AAT) there is provision in the Migration Act 1958 (Act) for the Minister to personally intervene…

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A new agricultural visa for Australia

The Australian Government has announced a new agricultural visa looking to be implemented in the second half of 2021. The visa is aimed at addressing the ever-increasing shortage of farm workers. With the borders closed the traditional backpacker army who assisted the agricultural sector has been significantly curtailed. Who will…

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Partner visa changes for sponsorship and English language requirements

Partner visa changes for sponsorship and English language requirements are set to come in into force in November 2021. There are two significant changes that will affect any partner visa application relating to the sponsor and English language requirements. These changes were introduced in the 2020-21 federal budget and are…

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What is a de facto partner according to Australian immigration law?

One of the most confusing aspects of applying for a partner visa is what will satisfy the definition of a de facto when it comes to applying for a visa to Australia. The Migration Act 1958 (Act) at Section 5CB provides the following definition: De facto partners (1)  For the purposes of…

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Does my partner who is sponsoring me for a partner visa to Australia, pass the character test?

  The Australian Government is very serious about protecting not only its citizens and residents, but also any person applying for a visa where an Australian citizen or permanent resident is sponsoring them. Since 2016, Australian citizens and permanent resident who want to sponsor an applicant for a partner visa…

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No restrictions for international students on work hours in the hospitality and tourism industry

Great news for international students in Australia who are working in or want to work in the hospitality and tourism sectors. The pressure on these sectors has reached breaking point with the borders closed whilst Australia’s economy continues to recover at unprecedented levels and low unemployment rates. The Minster for…

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Changes to conditions for discretionary bridging visas

The Government has introduced changes to conditions for discretionary bridging visas from the 16 April 2021. The explanatory memorandum supporting Legislative Instrument - Migration Amendment (Bridging Visa Conditions) Regulations 2021 - F2021L00444 states: The objective of the amending regulations is to strengthen the community placement options available to the Minister…

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New Zealand citizens becoming Australian citizens post COVID-19

Australia and New Zealand have a long history of having free flow of people between the two countries. In fact, when the Commonwealth of Australia Constitution Act 1900 was proclaimed, it is a little know fact that in the definitions it referred to the States as: “The States shall mean…

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Australia strengthens the character test relating to the revocation or cancellation of visas

From the 15 April 2021, the Australian Government will introduce stronger measures surrounding character tests for non-citizens applying for a visa to enter or remain in Australia. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, Alex Hawke has announced a new Ministerial Direction (MD) 90 - Visa refusal…

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Concessions for Australian Visa applications during COVID-19

The Australian Government has announced important concessions in relation to people applying for a range of visas during the pandemic. However due to COVID-19, it has been very difficult for people to travel and as a result a range of temporary concessions will be implemented as outlined below. Partner and…

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In what circumstances can an Australian citizen or permanent resident leave Australia?

The Australian government is encouraging Australians not to travel overseas during the COVID-19 pandemic. These measures are in place to protect our community and to alleviate the need for any more pressure than there already is on authorities and the quarantine system when returning to Australia. Since 22 January 2021,…

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