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Visas for Students and Skilled Workers

Immigration Lawyers Sydney for Skilled Workers

In response to the world wild COVID situation the Australian government has made many immigration policy changes for 2021. These changes will impact skilled migrants, international workers, and partners or aged parents of those already in the country.

There should be a 160 000 total number of immigration places retained for the year. This has not changed from before, but the number of places for each category has been greatly altered. There is a greater emphasis on applicants who can help the economy recover from the Coronavirus pandemic, and a greater emphasis on the family stream.

Planned positions for Skilled workers:

  • Employer Skill sponsored: 22 000
  • Independent Skilled workers: 6 500
  • Regional Skilled workers: 11 200
  • State/territory Nominated: 11 200
  • Business Innovation: 13 500
  • Global talent Stream: 15 000
  • Distinguished Talent: 200

Places for Family Stream:

  • Partner: 72 300
  • Parent: 4 500
  • Other family: 500
  • Child: no limit to eligible applicants.

The English language requirement has also changed. Applicants and their sponsor will require either functional level English or proof of an effort made to learn the language.

The partner visa will be a two level process, entailing a provisional visa for two years, after which the applicant may apply for a permanent visa. Language competency will need to be demonstrated when applying for the second, permanent visa.

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The Covid pandemic has changed the immigration situation, but applications permanent residency are still being taken by immigration Lawyers Sydney.

 

Disclaimer: The information in this article is provided for informational purposes only. It does not constitute legal advice and should not be relied upon as such. No individual should take, or refrain from taking, any action solely based on the material contained in this article. While we aim to offer accurate and timely information, we cannot guarantee its accuracy on the date of receipt or in the future. If you require more information or seek relevant legal advice specific to your circumstances, please contact our office.

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Travel Restrictions

Travel to Australia is highly restricted at the moment. Due to Covid the borders are basically closed. There are a small number of individual exemptions, but these are only for extreme circumstances, and quarantine still applies.

This restrictions will change as the Covid situation changes, and perhaps as our understanding of the situation and how to deal with it improves.

Escorting a Minor back to Australia

If a young child who is a permanent citizen or permanent resident returns to Australia they may be accompanied by a guardian. Each child under 2 maybe accompanied by one guardian. Several children over the age of 2 from the same family are only permitted one guardian for the family group. Additional guardians may be permitted if there are sufficient medical reasons.

Temporary Visa Holders leaving Australia

Temporary Visa holders can leave at any time to return to their own country. But they will not usually be allowed to return unless there are exceptional circumstances. Their home country may have restrictions on re-entry, which need to be a taken into account.

If the temporary Visa holder intends to return to Australia they must apply for an inwards exemption before they leave. This will only be granted it they are:
– Travelling for essential business reasons.
– Visiting a relative who is ill, or attending a close family funeral.
– They need medical treatment in their own country not available here.

Some General Exemptions to the Closed Boarder

– All Australian citizens or permanent residents may return to Australia.
– Immediate family members of citizens or permanent residents may enter the country with proof of the relationship.
– New Zealand citizen who is usually a resident in Australia can enter.
– A diplomat and immediate family with 995 Visas.
– Airline and maritime crew.
– Individuals with Business Innovation and investment Visa, subclass 188.

Some Individual Exemptions

– Individuals providing specialist medical services for the Covid situation.
– Medical students in the last 3 years so their degree who have a hospital placement.
– Some students completing year 11 or 12.
– Students in final years of advanced degrees with research grants. Evidence must be provided.
– Travel for compassionate reasons.
– Planned marriage to an Australian Citizen or Permanent Resident.

You must lodge for an exemption at least 2 weeks, but not more than 2 months, before the planned travel.

Disclaimer: The information in this article is provided for informational purposes only. It does not constitute legal advice and should not be relied upon as such. No individual should take, or refrain from taking, any action solely based on the material contained in this article. While we aim to offer accurate and timely information, we cannot guarantee its accuracy on the date of receipt or in the future. If you require more information or seek relevant legal advice specific to your circumstances, please contact our office.

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Possible Immigration Improvements

There are several skill shortages in Australia, some of which have been persisted for several years. Many of these are in areas that require tertiary education. We might do well to fill these shortages by encouraging migrant students to stay in the country.

One suggestion is to offer incentive to students who graduate in the top 10% of their course, or who achieve first class honours. These higher performing students could be granted a discount for the work experience component of their permanent residency Visa. Presently the employer nominated visa expects three years experience. This could be reduced to two years.

Students are expected to have competent English skills to work in the country. Those who prove to have the necessary language skills on IELTs or similar tests could also be eligible for concessions.

A recent recommendation in a report to the Department of Home Affairs was for changes in the short term stream of the Temporary Skills Shortage Visa, so temporary Migrants could be offered permanent residency.

Since the CoVid pandemic became serious in 2020 Australia has lost a little over half a million temporary migrants. This left many necessary industries understaffed. Encouraging skilled migrants to become permanent resident will go a long way to filling those understaffed industries.

Immigration benefits the country by bring in new people to the community. Talk to an Immigration Lawyer Sydney for permanent residency.

Disclaimer: The information in this article is provided for informational purposes only. It does not constitute legal advice and should not be relied upon as such. No individual should take, or refrain from taking, any action solely based on the material contained in this article. While we aim to offer accurate and timely information, we cannot guarantee its accuracy on the date of receipt or in the future. If you require more information or seek relevant legal advice specific to your circumstances, please contact our office.

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Migration Over the Next Year

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The intended migration program for the 2021 – 2022 year will basically carry over the previous plan intended to the 2020 – 2021 year, according to the Department for Home Affairs. The same number of Visa spaces are set aside for the skill steam.

Officials expect a post pandemic rise in immigration, once boarders are reopened. This is in addition to the present immigration needed to fill areas in agriculture that are understaffed during the Covid situation.

There are 160 000 Visa spaces for the 2021 -2022 budget year. About 50% of these are skilled visas, with emphasis on highly skilled migrants, global talent, Investor programs and Business innovation. About 77 300 spaces are allocated for family Visas.

The Australian Government aims to maximise the economic and social benefits of immigration, knowing that this adds diversity to the culture, which can lead to expansion into new areas of industry.

Some considerations for the Immigration Program:

– Supporting the immediate response to the covid-19 situation.

– An ageing population, increased life expectancy and fewer young adults means we need immigrants to fill some spaces in the workforce.

– Migrants help fill industry needs in regional areas.

– Temporary migrants are a prominent source of Permanent resident applications. 80% of permanent Visa applications were from those already in the country.

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The Covid situation has disrupted the immigration program, but the country still wants skilled migrants. There should be an increase after the pandemic subsides.

Disclaimer: The information in this article is provided for informational purposes only. It does not constitute legal advice and should not be relied upon as such. No individual should take, or refrain from taking, any action solely based on the material contained in this article. While we aim to offer accurate and timely information, we cannot guarantee its accuracy on the date of receipt or in the future. If you require more information or seek relevant legal advice specific to your circumstances, please contact our office.

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Permanent Residency With Low Immigration

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During the Covid Lock down there are virtually no people arriving from overseas. And while this will eventually change it will be at least a year before migration to Australia returns to anything like its previous levels.

What is less affected, however, is the applications for Permanent Residency (PR). Most present applicants for PR have already been in the country for a few years, before the Covid pandemic started. So there will be migrant people continuing to apply for PR for the next year or two, once they have spent sufficient time in Australia. If successful, these same people may apply for citizenship after a few years of having PR status.

An Australia PR Visa is valid for 5 years. It allows migrants to move to the country with their family, and apply for citizenship after 3 years of being issues the PR Visa.

Benefits of Permanent Residency.

– Live and travel in Australia
– Study at tertiary level and apply for some education loans.
– Eligible for Social security benefits, after two years in the country.
– Access Medicare
– Sponsor relatives for PR in some situations.
– Apply and hold most government jobs.

To be eligible for PR you must have enough points, from among the following:

– English proficiency
– Aged under 45 years
– Aged 25-33, bonus
– Work experience outside Australia
– Work experience inside Australia
– Education (Doctoral degree)
– Niche Skills
– State sponsorship
– Skilled Spouse

PR Visa Application Documents:

– Application form
– Educational Credential Assessment Documents
– Birth certificate
– Character references/certificate
– Proof of nomination, where applicable
– IELTS or PTE language proficiency results
– 2 passport size photos
– Spouse Skill documents where applicable
– Police Clearance Certification (PCC)
– Business reference letters

Re-Applying for PR Visa after Rejection

If you have been rejected for PR in the past you can re-apply. There is no minimum time frame for this, but you must address the reason why you were previously rejected, and make appropriate changes where necessary. You may stand a better chance of acceptance if you re-apply under a different, more suitable, category.

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Migration to Australia is presently limited due to Covid. But applications for Permanent Residency are still being made by those already in the country.

Disclaimer: The information in this article is provided for informational purposes only. It does not constitute legal advice and should not be relied upon as such. No individual should take, or refrain from taking, any action solely based on the material contained in this article. While we aim to offer accurate and timely information, we cannot guarantee its accuracy on the date of receipt or in the future. If you require more information or seek relevant legal advice specific to your circumstances, please contact our office.

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Lost Migrants, Lost Work

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An estimated half a million skilled migrant workers have left Australia over the last 18 months, since the start of the covid-19 pandemic. This leaves some major labour shortages in some area of the country, noticeably in agriculture and engineering.

The situation looks to get worse, with a further 77 000 migrants expected to leave Australia and return to their own country by the end of the next financial year. This will likely have a major impact on many Australian industries, leaving them understaffed.

The government is looking to have a less constrained approach to migration in the near future, in order to combat this situation. One suggestion is to make permanent residency easier for skilled migrants. Another suggestion is to change the visa conditions for filling short term skills shortage visas.

A recent report to the government recommends an option for permanent residency in all employer-nominated visas. But this same report still emphasises the needs for competent language ability and prioritising migrants under 45.

International student visas are also discussed. The idea is to encourage students to stay in the country and fill persistent skill shortages. This includes reduced time required for the work experience needed to gain permanent residency. Students can will be able to apply for PR after only two years, where the previous requirement was three years.

The migration caps do not look to significantly change. At present there are a reduced number of applicants, and we actually need to encourage immigration because the cpas is not being reached.

This present situation does give us time to review the migration programs. We might expect migration numbers will start to return to in mid 2022.

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Immigration requirements are always complex, and they are changing rapidly at present. Talk to our Immigration lawyer, Sydney.

Disclaimer: The information in this article is provided for informational purposes only. It does not constitute legal advice and should not be relied upon as such. No individual should take, or refrain from taking, any action solely based on the material contained in this article. While we aim to offer accurate and timely information, we cannot guarantee its accuracy on the date of receipt or in the future. If you require more information or seek relevant legal advice specific to your circumstances, please contact our office.

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Will Australian Borders Reopen?

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There is presently a four stage plan for reducing Covid-19 restrictions and reopening Australia boarders. But 80% of the countries adults will need to be vaccinated before the final stages of this plan can be completed.

At present the vaccination drive has only reached about 18 % of the adult population in Australia, so there is a fairly long way to go. At the same time the country has largely been successful in containing the Virus. The initial sealing of borders, along with rapid lockdowns, and widespread use of masks and health measures, means we have done better than most other areas of the world.

At present, it seems reasonable to have 70% of the adult population vaccinated by the end of the year. So the 80% goal, and the opening of borders, may happen a few months into 2022.

Phase 1 : (Present situation)
– Boarders closed, a low cap on international arrivals.
– Rapid lockdowns for any outbreak
– Testing, tracing and isolation to reduce cases.
– Widespread vaccinations of Population

Phase 2 : (When 70% of adult population vaccinated)
– Continued vaccinations.
– Lockdown if necessary.
– Ease some restrictions.
– Allow some entry from overseas, with quarantine.

Phase 3 : (When 80% of population vaccinated)
– Vaccinated Australians overseas may return home.
– Vaccinated Australians can travel overseas.
– Gradual reopening of travel to countries considered safe.
– Vaccinated residents can travel without restrictions.

Phase 4 :
– Open borders
– Quarantine only for high risk arrivals from overseas.
– Non-vaccinated visitors can travel without restrictions, subject to medical testing.
– Booster shots as necessary

By this last stage we will end up living with Covid as we live with Influenza.

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International borders are presently closed. But foreign individuals in Australia may need an immigration lawyer to help extend a Visa.

Disclaimer: The information in this article is provided for informational purposes only. It does not constitute legal advice and should not be relied upon as such. No individual should take, or refrain from taking, any action solely based on the material contained in this article. While we aim to offer accurate and timely information, we cannot guarantee its accuracy on the date of receipt or in the future. If you require more information or seek relevant legal advice specific to your circumstances, please contact our office.

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What is the 2022 Immigration Program?

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Of course many people wonder how immigration into Australia will be affected by the Covid restrictions. At the moment the Department of Home affairs plans to carry this year’s migration program (2020-2021) over into next year providing the lock down ends. This means there should be a huge boost in immigration into Australia once the Covid Situation is resolved.

The 2020-2021 Migration program was set to bring 160 000 individuals into the country. Though held back by the Covid Lock down this level will be carried over into the next financial year.

About 50% of the planned migration intake will be Skilled Visas, with priority given to Investor Programs, Global Talent, Business Innovation, and employment sponsored Visas. A little less than half (about 77 000) will be allocated for Family Visas.

Planning levels for migration are targeted at supporting Australia’s immediate response to Covid-19, and to pave the way for future economic recovery and growth after the situation has resolved.

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Immigration benefits the Australian economy by attracting skilled Individuals. Hope Immigration maximises the chance of successful entry into Australia.

Disclaimer: The information in this article is provided for informational purposes only. It does not constitute legal advice and should not be relied upon as such. No individual should take, or refrain from taking, any action solely based on the material contained in this article. While we aim to offer accurate and timely information, we cannot guarantee its accuracy on the date of receipt or in the future. If you require more information or seek relevant legal advice specific to your circumstances, please contact our office.

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Older Immigration

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There are age limits on many work Visas, so that people under 50 are favored. But while there are fewer opportunities for people over 50, there are still some options in business and family Visas.

Business Innovation Stream (Provisional) Visa (subclass 188)

This is a 4 year provisional Visa that can be used as the first step towards permanent residency. It allows three possibilities:

1 Business Innovation stream – To establish, develop and manage a new or existing business.
2 Investor Stream – You intend to make a designated ongoing investment of at least 1.5 million in Australia business(s)
3 Significant Investor Stream – You intent to invest 5 Million into complying investments in Australia.

This has a maximum age or 55 years.

Business Talent Visa (subclass 132)

This allows you to establish or develop an existing business in Australia. It has two streams.

1 Significant Business History stream – For successful business owners or part-owners who intend to manage, fund or own a business in Australia
2 Venture Capital Entrepreneur stream – For individuals who have sourced venture capital funding through Australian Venture Capital Association Limited (ACVAL).

This also has a maximum age or 55 years, though the age limited is sometimes waivered for those who meet certain requirements.

Global Talent Visa

This encourages talents individuals to help contribute to the Australian economy. There are ten talent areas.

– Resources
– Energy
– Infrastructure and tourism
– Education
– Health Industries
– Defence, High Tech manufacturing
– Circular Economy
– Digitech
– Financial services
– Some Agriculture technology.

Individual applying for this Visa are expected to have a salary of $153, 600. This amount will increase each financial year.

There is no age limit here, but older applicants must show that they confer an exceptional benefit to the community.

Parent Visas

Parent visa (subclass 103): You must be a retiree.
– Sponsored Parent (Temporary) visa: You’ll need an approved Parent Sponsor in order to apply.
– Aged Parent visa (subclass 804, 864 and 884): You must be old enough for age pension in Australia.
– Contributory Parent visas (subclasses 143 and 173): You must apply as a retiree.

Parent Visa require a balance of family test and a Australian sponsor.

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It is easier to immigrate when you are under 50, but there are a few options for older applicants. Talk to or Immigration Lawyer Sydney.

Disclaimer: The information in this article is provided for informational purposes only. It does not constitute legal advice and should not be relied upon as such. No individual should take, or refrain from taking, any action solely based on the material contained in this article. While we aim to offer accurate and timely information, we cannot guarantee its accuracy on the date of receipt or in the future. If you require more information or seek relevant legal advice specific to your circumstances, please contact our office.

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Vaccination and Opening Borders

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The Covid Pandemic has caused the longest border closure, and public lockdown, in recent memory. Not being able to enter or leave the country, with only a few exceptions, has had a huge impact on many individuals, but an even greater impact on the economy.

Our economy suffer because there is no immigration or tourism to speak of. About the only exception to this is a few people who stay in hotel quarantine.

The only way to open the border , and thereby change the situation, is to remove or at least greatly reduce, the chance of transmitting the Covid Virus. We might be able to do this by having widespread Covid vaccinations. This would be twofold in nature.

– The majority of the Australian population would need to be vaccinated.
– Everybody entering the country would need to be already vaccinated. They might also be tracked for a few weeks after arriving, rather than put in quarantine.

Re-opening the border would greatly boost many industries, including tourism, hospitality and Universities taking foreign students.

There are presently two main exemptions for entering Australia:

– An individual visitor may have compassionate or compelling reason to enter Australia.
– Subclass 482 or 400 visas allows overseas individuals to undertake a job in Australia that cannot presently be filled by Australian residents.

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Lockdown restrictions have greatly limited immigration. But talk to the Immigration Lawyers for work visa & staying In Australia.

Disclaimer: The information in this article is provided for informational purposes only. It does not constitute legal advice and should not be relied upon as such. No individual should take, or refrain from taking, any action solely based on the material contained in this article. While we aim to offer accurate and timely information, we cannot guarantee its accuracy on the date of receipt or in the future. If you require more information or seek relevant legal advice specific to your circumstances, please contact our office.