permanent visa

Being a 457 holder in a TSS world

Since the March 2018 changes to the Temporary Work visa program were rolled out, Putt Legal has been approached by a number of current and prospective clients who already hold subclass 457 visas, and want to know what these changes mean for their permanent residence prospects.

Previously, 457 holders were able to apply for permanent residence through the Temporary Resident Transition (‘TRT’) scheme of the subclass 186/187 visas, after working for 2 years and fulfilling various other criteria. The TRT arrangements have changed, however there are transitional arrangements in place for some 457 visa holders.

The below table provides a general overview, but please contact us on (08) 9221 7682 for individualised advice:

Category of 457 holder

Transitional arrangement

Held a subclass 457 visa on 18 April 2017 and continues to hold this visa at the time of TRT application

  • The applicant’s nominated occupation does not need to be on the current list of eligible occupations.

  • The age requirement will remain at less than 50 years of age with existing age exemptions still available

 

  • The minimum period an applicant is required to have been employed as the holder of a subclass 457 or TSS visa will remain at two years out of the last three years.

Held a subclass 457 visa on 18 April 2017 and holds a bridging visa related to a 457/TSS visa application at the time of TRT application

Lodged a 457 application on or before 18 April 2017 which was granted, and continues to hold this visa at the time of TRT application

Lodged a 457 application on or before 18 April 2017 which was granted, and holds a bridging visa related to a 457/TSS visa at the time of TRT application

Anyone else

The new requirements apply

These transitional arrangements are in place to ensure that people who already held or had applied for 457 visas before the changes were announced on 18 April 2017, are not unfairly disadvantaged by the new changes.

 

What do changes to the definition of Marriage mean for same sex partner visas?

On 7 December 2017, the Marriage Amendment (Definition and Religious Freedoms) Act 2017 was passed through Federal Parliament. It changed the definition of Marriage under the Marriage Act 1961 from a union of ‘a man and a woman’ to a union of ‘2 people’. This change came into effect on 9 December 2017, allowing same sex couples to marry in Australia (subject to some other conditions, see https://www.ag.gov.au/FamiliesAndMarriage/Marriage/Pages/Getting-married.aspx).

The Migration Act 1958 (Cth) has also changed the definition of Spouse in line with changes to the Marriage Act, to allow for a spouse to be of the same or different sex.

A person in a relationship with an Australian citizen, permanent resident or an eligible New Zealander can apply for an onshore partner visa (subclass 820/801) or offshore partner visa (subclass 309/100), or a prospective marriage visa (subclass 300, if you are outside of Australia). You can find more information on partner visas here: http://www.puttlegal.com.au/partner-visas/.

Previously same sex couples could only apply for a partner visa on the basis that they could demonstrate they had been in a de facto relationship for at least 12 months (rather than a spousal relationship). Now, same sex couples who are married can circumvent this 12-month de facto requirement. There are still substantial requirements as to proving a relationship, but same sex couples can now marry to demonstrate their commitment.

Further same sex couples with plans to marry in Australia can now apply for a prospective marriage visa. It may be the case that a couple is in a genuine relationship and want to get married and set up a life in Australia, but the sponsor is in Australia and applicant is overseas (so they may not meet the criteria of a de facto relationship as required for a partner visa). It is a condition of the prospective marriage visa that the applicant travels to Australia and marries their partner within 9 months. They are then eligible to apply for a partner visa onshore.

Putt Legal looks forward to assisting same sex couples looking to marry in Australia, with a prospective marriage visa application, and has experience with lodging same sex partner visa applications (both onshore and offshore), and appealing refusals to the Administrative Appeals Tribunal.

How to avoid overseas student visa fees in Australia

Did you know Australia has the third highest number of international students in the world behind only the United Kingdom and the United States despite having a population of only 23 million? This isn’t surprising when you consider Australia has seven of the top 100 universities in the world! In fact, with over 22,000 courses across 1,100 institutions, Australia sits above the likes of Germany, the Netherlands and Japan, ranking eighth in the Universitas 2012 U21 Ranking of National Higher Education Systems.

These are strong academic credentials, but our institutions are just as highly rated as the cities that house them around the country. Australia has five of the 30 best cities in the world for students based on student mix, affordability, quality of life, and employer activity – all important elements for students when choosing the best study destination.

Study in Australia, the official Australian government website about studying in Australia gives you an indication of the range of course costs for different types of qualifications.

·         School - $7,800 to $30,000

·         English language studies - Around $300 per week depending on course length

·         Vocational Education and Training (Certificates I to IV, Diploma and Advanced                  Diploma) - $4,000 to $22,000

·         Undergraduate Bachelor Degree - $15,000 to $33,000*

·         Postgraduate Masters Degree - $20,000 to $37,000*

·         Doctoral Degree - $14,000 to $37,000*

* Note: This does not include high value courses such as veterinary and medical schools. Please visit institution websites directly to see costs for these courses.

Overseas students granted Australian student visas have an ability to work part time in Australia (usually up to 20 hours per week), but typically this only provides income to defray living expenses.

Parents or other sponsors of children and young adults who are planning to study in Australia in the future may care to consider their ability to obtain Australian permanent residence for themselves and their children to avoid paying expensive foreign student fees.

For example, high wealth individuals who have an ability to invest AUD 5 million per year over a four-year period in Australia, and reside in Australia for at least 160 days in that period, are eligible to apply for Australian permanent residence, and include their family members in that application. Similarly, persons with a successful business background or good employment qualifications may want to consider their ability to obtain permanent residence for themselves and family members who may be wishing to study in Australia in the future.

Malaysian or Singaporean nationals who wish to learn more are invited to attend a free immigration seminar to be given by experienced immigration lawyer and registered migration agent Alisdair Putt in Kuala Lumpur on Saturday 11 November.  Or you may wish to arrange a personal appointment in KL or Singapore in the period 11 to 14 November inclusive (fees apply for personal consultations).  Please email Alisdair on aputt@puttlegal.com.au for further details.

The Australian High Commission website for Malaysia has useful information here about student visas - http://malaysia.highcommission.gov.au/klpr/study.html; the similar website for Singaporeans is at http://singapore.embassy.gov.au/sing/study.html

Another excellent Australian government website that also contains details of overseas scholarships available and other aspects of living in Australia can be found at - http://www.australia.gov.au/information-and-services/education-and-training/international-students

Occupational ceilings 2017/2018 – invitations for general skilled migration visas

If you are wondering whether you are likely to receive an invitation to apply for a subclass 189, 190 or 489 visa, the Department has published a table providing useful information on the occupation ceilings and the invitations issued by the Department thus far.

The table lists the eligible skilled occupations (and the corresponding four-digit ANZSCO code), the occupation ceilings for the 2017-2018 programme year and the number of invitations to date.

For example:

  • for Accountants (Occupation ID 2211), the occupation ceiling is capped at 4785, and 478 invitations have been issued to date. 
  • for Registered Nurses (Occupation ID 2544), the occupation ceiling is 16741, and 49 invitations have been issued to date.
  • for Other Engineering Professionals (Occupation ID 2339), the occupation ceiling is 1000, and 100 invitations have been issued to date.

To see the complete table, visit https://www.border.gov.au/Busi/Empl/skillselect#tab-content-3

If you want to discuss your likely eligibility for these visa subclasses please contact Putt Legal.

Indonesian speaking services

Putt Legal adalah kantor hukum yang berdomisili di Perth, Western Australia. Kami khusus menangani kasus pidana dan pengurusan visa / migrasi.

Kami berstafkan pengacara yang sangat profesional dan memiliki pengalaman bertahun-tahun dibidangnya.

Salah satu pengacara terkemuka kami dibidang hukum pidana bernama Mark Wallbridge. Mark dapat berbicara bahasa Indonesia. Apabila anda memiliki masalah dibidang hukum pidana di Western Australia, Mark dapat membantu anda.

Dikantor kami juga ada mahasiswa hukum bernama Syafrina yang juga dapat berbicara bahasa Indonesia. Syafrina dapat membantu anda, jika anda mempunyai pertanyaan sekitar pengurusan atau permasalahan visa dan migrasi, terutama di bidang visa bisnis, visa kerja dan visa pasangan.  

Apabila anda tidak berada di Perth, konsultasi dengan kami dapat dilakukan melalui telepon atau Skype, dan terkadang kami juga berkunjung ke Indonesia untuk bertemu klien.