Sponsored Parent (Temporary) Visa

Subclass 870

The Sponsored Parent (Temporary) subclass 870 Visa allows parents and grandparents to reside in Australia continuously for 5 years, or up to 10 years if they apply for a second visa after a short period outside of Australia. Up to 15,000 visas may be granted each year, and will cost:

$5000 for a 3 year visa;

$10,000 for a 5 year visa; and

$20,000 for a 10 year visa.

To be eligible, parents must be the biological, adoptive, or step-parent of the sponsor, who must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.

Furthermore, visa applicants must:

  • Be at least 18 years old
  • Be sponsored by an approved parent sponsor
  • Be outside Australia for at least 90 days if the applicant holds or has previously held a Sponsored Parent (Temporary) visa
  • Not paid for visas conduct
  • Provide proof of access to funds
  • Provide proof of health insurance
  • Not have outstanding public health debt
  • Fulfil health, character, and national security requirements.

Sponsorship applications open from 17 April 2019, and once approved sponsored parents can apply for the new parent visa which are expected to open from 1 July 2019. 

Contact traci.chen@nevile.com.au or jstone@nevile.com.au for more information or send us an enquiry.

Training Visa Subclass 407

By Traci Chen | Lawyer | MARA no. 1793395

The 407 Visa is a temporary visa for people wishing to take on occupational training or professional development activities in Australia.

You are eligible if:

  • you have 12 months of work experience attained within the last 2 years relevant to the role
  • graduated in the last 12 months with qualification closely related to the nominated occupation and meet minimum qualification requirements for the profession

This visa permits you to work for your sponsor in your profession, while taking part in an approved structured training program by your employer.

In order to qualify for this visa, you must:

  • Be at least 18 years old (or have exceptional circumstances)
  • Possess functional English (equivalent to IELTS 4.5 average)
  • Provide proof that you are able to support yourself in Australia financially
  • Sincerely plan to stay in Australia temporarily for the proposed purpose
  • Meet the health and character requirements
  • Have private health insurance

There are three streams you can apply for the 407 visa through:

  1. Occupational Training based in the workplace

For applicants who have recent qualifications/experience, who intend to complete an approved training structure in the workplace to develop their skills in their current occupation, area of tertiary study or field of expertise.

The training plan is to be provided by the sponsoring organisation and must be a minimum of 30 hours a week. At least 70% of the training must take place in the workplace, and the other 30% can be classroom training.

  1. Occupational Training for capacity building overseas

For applicants who wish to complete a professional development training programme or internship in Australia as part of their qualification. Overseas employers can also send their managerial or professional workers to Australia to undertake a customised professional development programme, expected to take place in a classroom or similar environment.

  1. Occupational Training required for registration

For applicants aiming to gain registration, membership, or licencing to work in Australia or home country. This stream is applicable only for occupations that legally require licensing in Australia or in the applicant’s country of passport.

The visa allows you to stay in Australia for up to 2 years, so long as you continue your training. During this time, you will not be allowed to undertake work other than your approved occupational training program under which the visa was granted, as per condition 8102. While minimum salary requirements may not apply, any salary payable to trainees must abide by the Australian labour laws and practices.

You can complete the application online, regardless of the country you are residing in, and  can include spouses and children in your application.

So what can I do for you?

We can assist 407 visa applicants and their employers throughout the visa process. We deliver advice and application supervision throughout these applications to guarantee they are not overwhelmed and receive the best possible result.

For further information or enquiry on the above, please contact us or traci.chen@nevile.com.au.  Please see Traci Chen’s profile here.

Overstaying your visa expiry date in Australia, What do I do now?

By Traci Chen | Lawyer | MARA no. 1793395

If you have overstayed your visa, then you are an unlawful non-citizen in Australia, and you are at risk of being detained and removed from Australia. Overstaying your visa for more than 28 days means any future applications will be subject to an exclusion period- which means you will be unable to be granted a visa to travel to Australia for a minimum of 3 years.

My client Jenny came in to see me when she realised she had overstayed her visa by 6 months. She was on a student visa, and mistakenly mistook the expiry date on her Confirmation for Enrolment as her visa expiry date.

She was now an unlawful non-citizen in Australia, so what could she do?

As soon as we became aware of this, we applied for a Bridging Visa E which was granted, giving her a few weeks to arrange for her departure from Australia. Jenny had already completed half of her university course thus far, and if she couldn’t return to Australia, it would have been an incredible shame given the time, money and effort she had already invested into her studies. She left Australia as an unlawful non-citizen due to her staying more than 28 days after her student visa expired and was therefore subject to the Public Interest Criterion 4014.

However, exceptions do apply if there are compelling circumstances that affect the interests of Australia.

We assisted Jenny in re-submitting a new student visa offshore when she returned to China, and we prepared submissions citing relevant case laws where the three-year exclusion period was waived under similar circumstances. Jenny was granted her student visa on January 2019.

This is just one example of how imperative it is to seek legal advice to confirm you comply with all your visa conditions, ensuring you don’t end up as an unlawful non-citizen in Australia.

Furthermore, every situation is different, and it may be possible to request for a waiver to lift any restrictions that may be imposed on you.

For further information or enquiry on the above, please contact us or traci.chen@nevile.com.au

Enquiries for Migration Visa 188 to 888

Last week Nevile & Co. signed a Memorandum of Understanding with Viet-Think a prestigious Vietnamese law firm based in Hanoi. The MOU focuses on the opportunities in Vietnam to provide a diversification of investment in Australia together with migration. On the other hand it also provides an avenue to provide advice to Australian companies on proposed legal and business related issues in Vietnam as well as Intellectual Property advice.

Peter Nevile and Traci Chen, who, is a migration lawyer in the firm, also provided a presentation to a group of high net worth individuals and company representatives in Ho Chi Minh city with immediate success in signing up a number of migration applicants.

We are looking forward to developing a new client base in Vietnam and also to having more Vietnamese food!

For further information or enquiry on the above, please contact us or traci.chen@nevile.com.au

 

Changes to China Visitor Visa Processing

According to the Migration Institute of Australia (MIA) changes have been made to the Visitor Visa Processing across China.

On 3 April 2018, China introduced a new operating model called the China Visitor Model. This is based on the principle of three China locations, working together as one office –

o Beijing
o Guangzhou
o Shanghai

The Department of Immigration, Citizenship and Multicultural Affairs  (DICMA) has introduced a centralised case distribution system for all e-lodged Visitor Visa Applications in China. The Applications are allocated to Visa Processing Officers across the three China locations, regardless of the Applicant’s geographic location.

The benefits will be standardised decision-making and processing times.

New Website Information and Contact Points

Applicants and their representatives are strongly encouraged to use online services wherever possible.
Lodgement is available to PRC passport holders of most visa subclasses.
A new online Australian Immigration Enquiry Form is now the single point of contact for all client correspondence to any Australian Visa Office in China. Applicants and their representatives are encouraged to consult the Australian Embassy or Department of Immigration, Citizenship and Multicultural  Affairs website for answers to questions about visas before submitting the form.

Business and Tourist Visa Services in China

Annual applications for Visitor Visas have already reached 1 million this program year.
Priority consideration under a fast/track service. The Department will aim to finalise priority applications within two business days of application lodgement within 48 hours for a fee of AUD$1,000 in addition to the application fee of AUD$140.
Online lodgement for individual Visitor Visas.
Option exists for online visa application lodgement. DICMA encourages Visa Applicants to lodge their application online as it helps streamline processing arrangements. Applicants should pay the priority processing fee if their travel is urgent.

Processing Times

Visitor Visa processing times for e-lodged applications in China in the Business and Tourist streams are within the global average:
 11-18 days for Business Visitors

 19-27 days for Tourists

All applicants are strongly encouraged to check current processing times and lodge their applications well in advance of their intended travel date.

For further information on the above or other Immigration matters or Visa queries, please contact jstone@nevile.com.au

 

Special Category Visa

Features

The Special Category visa (subclass 444) is a temporary visa that lets you stay and work in Australia as long as you remain a New Zealand citizen.
The Special Category visa is a temporary visa and you do not have the same rights and benefits as Australian citizens or permanent residents. If you are seeking to become an Australian permanent resident, there are a range of visa options available to you that you can apply for in and outside Australia. Alternatively, you might choose to explore the option of applying for Australian Citizenship.

 

Eligibility

You might be able to get this visa on your arrival to Australia if you:

  • are a New Zealand citizen and you do not hold another visa
  • present a New Zealand passport that is in force
  • are not a behaviour concern non-citizen or health concern non-citizen.
  • present a completed incoming passenger card
  • meet specific health and character requirements.

 

What does this Visa allow you to do?

This visa allows you to:

  • enter and stay in Australia and
  • work and study in Australia.

 

How long does this Visa last for?

The Special Category visa is valid from time of grant (usually upon arrival to Australia) to time of departure from Australia, so long as you remain a New Zealand citizen while you are the holder of the visa. The validity of a Special Category visa ceases when you leave Australia. You need to apply for a new Special Category visa each time you arrive in Australia.

If you are seeking to apply for and be granted a Special Category visa on arrival to Australia you must, on every arrival to Australia, meet the eligibility criteria to be granted this visa.

 

For further information on special category visa or other Immigration matters or Visa queries, please contact jstone@nevile.com.au

Source: https://www.homeaffairs.gov.au/trav/visa-1/444-

 

Partner Visa

Partner (Provisional) visa (subclass 820)
Partner (Permanent) visa (subclass 801)
Including same-sex couples

 

Features

The Partner visas (subclasses 820 and 801) allow the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia. The temporary Partner visa (subclass 820) is granted first and lets you stay in Australia while the permanent Partner visa (subclass 801) is processed.

Eligibility

• Be the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen
• Meet the relationship and other eligibility requirements
• Be in Australia when you apply for this visa. If you are outside Australia, other partner visas are available.
• The spouse or partners can be heterosexual or same-sex. Same-sex marriage is not recognised in Australia.

Age

If you are married, usually you must be 18 or older when you apply. This is because usually you have must be 18 or older for your marriage to be valid under Australian law. If you are a de facto partner, you must be 18 or older when you apply

Length of stay

• On the temporary 820 visa, you can stay until a decision is made on your permanent Partner visa (subclass 820)
• On grant of the permanent 801 visa, you can stay permanently.

The process

Obtaining the permanent Partner visa is a two-stage process. To be eligible for a permanent partner visa, you first need to be granted a temporary Partner visa. You apply for both the permanent and temporary visas at the same time, and pay only one visa application charge. If you are granted the temporary visa, you are eligible to be assessed for the permanent Partner visa (subclass 801) about two years after you lodged your temporary application. You will need to provide further documents for the permanent visa assessment. If you have been in a long-term relationship before you lodge your application, the permanent subclass 801 visa will be granted immediately after the temporary subclass 820 visa.

Sponsors

Eligibility

Usually, a sponsor is the husband, wife or de facto partner of the applicant.
How long does the sponsorship last?
Your sponsorship ends two years after your partner is granted their Partner visa (Subclass 820). This is the case even if the permanent Partner visa (subclass 801) is granted immediately after the temporary 820 visa is granted.

Sponsor obligations

Sponsors have certain obligations at time of lodgement and decision. We will provide you with information.

Where must you be on lodgement and grant?

You must be in Australia when you lodge your application and when a decision is made on the temporary Partner visa (Subclass 820).
You can be in or outside Australia when a decision is made on the permanent Partner visa (subclass 801)

If you are outside Australia when you want to lodge your visa application, consider:
• A Partner Visa (subclass 309 and 100) or
• A Prospective Marriage visa (subclass 300). This visa is not available for same-sex couples.

Family

You can include your dependent children or stepchildren in your application. If you are granted the visa, your children will have the same rights and visa conditions as you.

Evidence that your relationship is genuine

When you apply for a Partner visa, you must provide evidence that supports your claims of a genuine and continuing relationship with your partner.
• History of your relationship
• Evidence of your relationship
• Financial aspects
• The nature of the household
• Social aspects of the relationship
• The nature of your commitment to each other

 

For more information on this or other Immigration matters or Visa queries, please contact jstone@nevile.com.au

Source: https://www.homeaffairs.gov.au/trav/visa-1/801-