Immigration Lawyer Sydney – Student Visa Change

Because of current workforce shortages there have been some changes to the work restrictions usually imposed on students with Visa, Subclass 500. These individuals are now permitted to work more than 40 hours per week without being in violation of their Visa conditions.

Previously students could only work once their course of studies had commenced. And then only for a limited number of hours per week. Now they may commence work either as soon as they arrive in the country, or as soon as the Visa is granted. And they may work as many hours as are convenient in their situation.

These changes, the unlimited work hours, are not permanent. They will be revised and possibly changed in April 2022.

The other restrictions still apply:

• Student Visa holders must be enrolled in a full-time registered course;
• Student Visa holders require satisfactory course attendance
• Student Visa holders must have satisfactory course progress.

Failure to meet these conditions can mean a cancellation of the Visa.

Immigration Lawyer Sydney – Visa Fee Refunds

To encourage student Visa holders to return to Australia as soon as possible the Australia government is offering a refund on the Visa Application fee for individuals who travel to Australia between 19th January and 19 March 2022. Applications for this refund must be made before the end of this year (2022).

Students applying for Visa in Australia will need to provide evidence of vaccination (or medical exemption).

Immigration Lawyer Sydney

Student visa and permanent residency requirements are more complex during the pandemic. Talk to an immigration Lawyer Sydney.

Immigration Lawyer Sydney

Some people immigrate through sponsorship by an employer, being offered the job position before they come to the country. Other people apply for immigration without this type of sponsorship.

Individuals who wish to enter the country without sponsorship will need the following:

• Be between 18 and 45 years of age.
• Meet suitable health requirements.
• Nominate an occupation that is listed as needed in Australia
• Pass the IELTS language test, as required by the occupation.

Interested individuals should look at the Medium and Long Term Strategic Skills List (MLTSSL) and Short Term Skilled Occupation List (STSOL) to find a position for which they are qualified.

There are Visas available for those with some suitable work qualification.

• Skilled Independent visa (subclass 189)
• Skilled Nominated visa (subclass 190)
• Training visa (subclass 407)
• Temporary Skill Shortage (TSS) visa (subclass 482)
• Temporary Graduate visa (subclass 485)
• Skilled Regional (Provisional) visa (subclass 489).

As well as the employer sponsored nominated Schemes:

• Employer Nomination Scheme (ENS) visa (subclass 186)
• Regional Sponsored Migration Scheme (RSMS) visa (subclass 187)

The Covid situation has changed the situation for immigrants. Most positions being offered are in sectors that either help directly deal with the pandemic, or that indirectly help with agriculture or other areas where the logistics are compromised by Covid or the resulting lockdown.

Immigration Lawyer Sydney

Immigration to Australia is possible for those with qualifications that are presently needed in the country. Talk to an immigration lawyer Sydney.

Visas with an Immigration Lawyer Sydney

Because of the Ongoing Covid situation, many people have put their immigration plans on hold. This is hardly surprising. But this may not be the best decision. There are still some employment positions in Australia that allow immigration. And even if immigration is not possible in the short term we can still do a lot of preparation.

You can immigrate if you help with the Covid pandemic. There have been visas for:

• Chief Executive or Managing Director
• Construction Project Manager
• Mechanical Engineer
• General Medical Practitioner
• Resident Medical Officer
• Psychiatrist
• Midwife
• Registered Nurses
• Aged Care Nurses
• Critical Care and Emergency Nurse
• Mental Health Nurse

Government invitation to assist with the covid response

• Critical and specialist Medical services – ambulance or delivery of medical supplies
• Medical technology
• Engineering and mining
• Aged Care
• Agriculture
• Food Production
• Maritime Industry
• Financial technology
• Large scale manufacturing

Planning With an Immigration Lawyer Sydney

If you consult with the immigration lawyers in Sydney now you can have the forms ready for the moment the borders open again. The skills tests you take now will be valid for 2 to 3 years. And the language test is valid for 3 years.

Furthermore, if you are already in the country you may need to change the Visa you have, the older visa having expired. This can give you the opportunity to have a better visa situation, especially if you can work to help the covid situation.

Immigration Lawyer Sydney

Talk to the immigration lawyers. Need to extend your Visa? Apply for permanent residency? We have the best legal pathway to Australia.

International Travel and Immigration Lawyer Sydney

Some travel in and out of Australia is now possible. After two years of nearly constant restrictions designed to reduce the further spread of Covid the borders are now open for Australian citizens and permanent residents. Of course some conditions apply.

The citizens and Australian residents who travel in and out of Australia need to be vaccinated, and provide proof of this vaccination.

Vaccination proof is through the International COVID-19 Vaccination Certificate (ICVC) usually issued in digital form, though paper versions are acceptable. This is present when checking in for a flight.

Any vaccination shots were given overseas must include the following:

• Written in English, or accompanied by a certified translation.
• Full name as it appears on the traveller’s passport
• The individual’s date of birth or passport number
• The vaccine type/brand name
• Either the date of each dose, or the date of completion of the full course of immunisation.

Vaccination and Immigration Lawyer Sydney

The final dose of the vaccine must be administered at least 7 days before travelling across borders.

• There are some exceptions to the vaccination requirements:
• Individuals who have a legitimate medical reason not to be vaccinated. This requires certification by a doctor.
• Australian children under 11 years of age do not need vaccination on departure from the country
• All children under 12 years and 3 months do not require vaccination when entering the country.

Some countries of destination require a negative result on a Covid test on departure from Australia. Some countries require a period of quarantine on arrival.

Air and maritime employees have additional requirements. This should be advised by their employers.

Temporary Visa Holders

Foreigners who hold temporary visa may leave the country at any point. But they will need an exemption to return to Australia. This should be completed at least 2 weeks before travel See: https://travel-exemptions.homeaffairs.gov.au/tep

Immigration Lawyer Sydney

The visa and permanent residency requirements are made more complex during the pandemic. Talk to an immigration Lawyer Sydney.

There has been an amendment to the migration act, Section 48. Previously migrants in Australia who had a Visa cancelled or refused were barred from further Visa applications while already in the country. The only exceptions (previously) were Protection and Partner Visas. This restriction was designed to prevent repeat applications from those migrants who did not really qualify for any Visa.

This law has now been amended, so migrants in Australia can apply for the following Visas.

• Subclass 190 Skilled Nominated (Class SN) (Permanent)
• Subclass 491 Skilled Work Regional (Class PS) (Provisional)
• Subclass 494 Skilled Employer Sponsored Regional (Class PE) (Provisional)

Previously migrant had to travel offshore, and supply confirmation of the travel, when applying for these Visas.

These alterations were made to facilitate applications during COVID-related travel restrictions. The 491 and 494 Visas are focused on regional migration, and keeping needed employees in regional areas of Australia. The 190 Visa comes with obligations for skilled migrants to live and work in their nominated State or Territory.

Consult Immigration Lawyer in Sydney

COVID has affected Visa rules. Need a bridging Visa? Do you have skills that the country needs? We find legal Visa routes.

Due to the new Omicron variation of the COVID Virus the planned reopening of the Australian borders has been changed.

The intention was to re-open the border in a series of phases. The early phases, such as allowing Australian citizens back in after November the 1st, have been retained. But newer phases, such as allowing travellers from Japan and South Korean, have been delayed. Japanese and South Korean visitors were to be granted travel access from the 1st of December 2021. This has been pushed back to the 15th of December.

This delay in implementing a border policy change gives the government and medical authorities some time to understand the new Omicron COVID variant. It helps to prevent the spread of the disease if we know if the vaccine is effective, what the symptoms tend to be, and how contagious the new strain is.

At the present only fully vaccinated individuals form the following list can enter Australia.

• Australian citizens
• Permanent residents
• The immediate family of citizens and permanent residents
• Green lane travellers from New Zealand
• Green lane travellers from Singapore
• Some individual exceptions

There will be no general travel from the following African Countries: South Africa, Namibia, Zimbabwe, Botswana, Lesotho, Eswatini, Malawi and Mozambique. This includes anybody who has been in any of these countries within the last 14 days.

Australian citizens and permanent Residents travelling from these countries may enter Australia, but must be quarantined for 14 day. Anybody who was in these 8 African countries 14 days prior to these new restrictions must be isolated and COVID tested. They may be put into quarantine subject to their test.

Now that the foreign borders to Australia are reopening we can look at the various Visas and paths to immigration.

Employer sponsored Visas

Employer sponsored Visas are one means of moving to Australia. In some cases these can lead to a permanent residency.

Temporary Skills shortage Visa (482)

This is relatively recent, being introduced in April 2018 to replace the 457 (temporary work – Skilled) Visa. It is for short and medium term stays.

There are two lists of occupations on this Visa, short and medium term. Applicants with skills on the short term list are eligible for up to a 2-year visa. Applicants with skills on the medium term list are eligible for a 4-year Visa, and can apply for permanent residency after 3 years.

Skilled Independent Visa (189)

This is the most coveted Visa. It allows the holder to live and work anywhere in Australia. An applicant must be under 45 years of age and score 65 points in the immigration points test. Points are awarded based on age, qualifications, experience, and language skills. Applicants must also have an occupation on the medium or long term skills list.

Skilled Nominated Visa (190)

This is for permanent residency working in a specific Australian state. Each state has different occupation demands, so encourages applicants in areas that are presently understaffed. They will nominate individual applicants.
An applicant must be under 45 years of age, have an occupation on the state’s short term occupation list, and score 65 points in the immigration points test. Points are awarded based on age, qualifications, experience, and language skills. A bonus 5 points are awarded for having a state nominated occupation.

Skilled recognised Graduate Visa (476)

A Visa designed for recent Engineering students. Individuals under the age of 31 who graduated with an engineering degree in the last 2 years may apply for this visa. It will allow up to 18 months work experience as an engineer in Australia.

As of the 1st of November the Australian borders are open for travelling Australians, at least for those who are fully (twice) vaccinated. This means Australian citizens finally returning home, and citizens or permanent residents of Australia being able to leave the country.

These changes should be the end of almost two years of restrictions, and the end of closed borders.

Of course those leaving or entering the country will have to show proof of their full vaccination, and take a pre-flight Covid Test. The 2nd vaccination must have occurred at least 7 days before departure. There will also be quarantine for those returning, but this will be shorter than the previous quarantine time.

Non-Australian Travellers

Foreign residents need an exemption to enter Australia, even when fully vaccinated.

Australia will still be taking migrants for short term and permanent resident places. The intake will favour those who will benefit the Covid recovery effort, yet at the same time retain the same 160 000 places as planned earlier. The type of role expected of migrants, the type of positions open, is still slightly uncertain, as the Covid situation is unpredictable. The Australian government plans for flexibility, and make changes to the immigration requirements in light of how the covid situation changes.

Travel Between Australian States

There are still restriction that apply to travelling between Australian states. These restrictions apply to everybody in Australia, both those entering the country and those who already here. Some state borders are closed and some areas within states are closed. 14 day quarantine applies to those who travel from some areas in Australia.

Immigration Lawyer Sydney

There is now an agricultural working Visa under the 403 Subclass. This is the Temporary work (International Relations) Visa. It came into effect at the start of October 2021.

This new Visa is not easy to obtain. Nor is it intended to be a pathway to a permanent Visa. Some details are still vague, but the following information has been given.

Applicants for the agricultural working Visa must be outside Australia when they apply. And be outside the country when the Visa is granted. Or they may already be in Australia if already hold a 403 Visa, or apply for this new visa within 28 days of the previous 403 Visa’a expiration.

Both applicant for the 403 Visa and the work sponsor must be participating in the Australian Agriculture Worker Program (AAWP). There is a minimum health requirement sign the Australian Values statement shared by many other Visas.

The Visa only allows the applicant to work for their sponsor, or perhaps transfer to another sponsor that is approved by the Foreign affairs department. They cannot engage in work of their own.

The Visa allows a stay of up to 4 years, with multiple entries.

Immigration Lawyer Sydney

There are still paths to Australian Visas despite lock-down and other restrictions. Worker Visas have complex rules that require professional advice.