Today Tasmania announced an update to the their skilled migration program.

While the full details of the new policy has not yet been released, it gives a clear indication into the new direction that Tasmania will take towards skilled nominations in the 2022~2023 financial year.

Tasmania has mentioned that the new requirements and process will commence once the Federal government confirms the States visa allocation .

One of the notable changes is that Tasmania will require applicants to submit an EOI and wait to be invited to apply for State nomination. In the past, this hasnt been necessary but the new change will bring Tasmania into line with most of the other States in Australia.

Tasmania has also grouped changes to the requirements by applicant group. These include the following:

Graduates

 o   No course or occupation restrictions or mandatory employment requirements.

 o   Permanent pathway for PhD students.

- This change is actually a positive one and is a walkback from Tasmania's previous attempt to start to limit nominations to particularly occupation groups. Likely the change is due to increased labour demands arising from Covid-19 along with an attempt to prevent students from studying 'migration courses' to secure nomination.

Skilled employees

o   An expanded list of occupations and employment eligible for permanent subclass 190  visa nomination.

o   No occupation requirements for subclass 491.

o   Inclusion of part-time employment to meet work experience requirements.

o   Subcontractors with a related skills assessment included in skilled employment pathway.

 - These changes shows increased flexibility however it remains to be seen whether lower skilled jobs will be accepted in the subclass 491 category.

Business operators

o   Extension of qualifying business operation time from six to twelve months for business operations which commenced after 15 April 2022.

o   Introduction of a new personal business income requirement, set at a minimum 80% of TSMIT (i.e., $43 120).

- Tasmania offers nomination to people who have been operating a business in the state and can satisfy the other skilled migration requirements. Setting the income requirement to 80% of TSMIT seems reasonable however we await further details as to how the  personal business income requirement will need to be evidenced. 

Long-term residents

o   A new nomination pathway for candidates who have lived in Tasmania for an extended period and established themselves in employment or business.

o   Qualifying residence period of at least three years for permanent subclass 190 visa nomination, or two years for the provisional subclass 491 visa.

o   Business operators will be eligible for subclass 190 nomination if they have lived in Tasmania for two years, and run their eligible business successfully for two years.

- This is actually a positive change and may allow many students who have completed all their study in Tasmania an additional pathway to State nomination where they may for some reason not satisfy the graduate eligibility requirements.

Overseas candidates

o   No occupation restrictions where a candidate has a job offer.

o   More invitations to apply for nomination from Skillselect where candidates have skills needed by Tasmanian businesses.

o   New industry skills-needs profiles to help potential candidates tailor their Skillselect EOI to increase chances of invitation.

- We await the release of the new industry skill-needs profile to see which of our clients might find an opportunity through this pathway. 

All candidates:.

o   Simplified eligibility requirements.

o   Invitation only - candidates will be able to register interest in Tasmanian nomination in the Migration Tasmania Gateway if they meet the minimum eligibility requirements, and the most competitive will be able to apply for nomination.

o   More clearly defined exclusions and exceptions regarding employment and business roles and location of dependants.

o   Clear sets of published priority attributes, describing the additional characteristics needed to be competitive. Only those candidates that meet the competitive threshold will be invited to apply for nomination. These attributes will include:

§  duration and industry of employment

§  employment in skilled roles which are critical to the Tasmanian economy

§  connections between employment, skills assessment and study

§  rate of salary compared with the Australia average and median

§  nature, level and duration of Tasmanian study

§  completion of work placements related to study

§  graduate employment offers

§  duration and success of business operation

§  level of business investment, turnover and local employment

§  length of residence in Tasmania

§  English language ability

§  location, length of residence, employment and skills of dependants.

Overall the changes to the Tasmanian migration program seem reasonable however it will be interesting to see if Tasmania releases a Matrix style points system similar to the ACT or whether scoring of applicant's based on EOI data will remain somewhat veiled.  What is clear is that agents will be able to provide value to applicants by providing a strong EOI and then later assisting to provide a credible submission for nomination to Tasmania.

With over 12 years representing applicants applying to Tasmania for nomination and a 100% success rate, we are confident that we will be able to assist you with your Tasmania state nomination.

About us

Are you looking to apply for a visa to Australia and looking to appoint an agent? With over 15 years of experience in the field as a Registered Migration Agent, we are able to give you the best chance for your migration success.

Contact 

Matthew Halliday

visa@gamigration.com

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+61 2 2058 1119 (Australia)

+82 2058 1119 (Korea)

Written by Matthew Halliday, Director GA Consulting & Senior Registered Migration Agent (MARA0701636)

One of our recent clients who having applied for a working holiday was faced with addressing the Department of Home Affairs regarding a character issue. Our client 'Joseph' was a Jehovah's witness and owing to his religious beliefs, he refused to join Korea's national service. Due to his refusal to participate in Korea's national service he was sentenced to one year imprisonment.

Under Australian Immigration law, in particularly section 501 of the Migration Act 1958 (Cth), the Minister may refuse or cancel a visa where an applicant or visa holder is found to have a substantial criminal record. A substantial criminal is defined as in subsection 501(7) as follows:

  (a)  the person has been sentenced to death; or

                     (b)  the person has been sentenced to imprisonment for life; or

                     (c)  the person has been sentenced to a term of imprisonment of 12 months or more; or

                     (d)  the person has been sentenced to 2 or more terms of imprisonment, where the total of those terms is 12 months or more; or

                     (e)  the person has been acquitted of an offence on the grounds of unsoundness of mind or insanity, and as a result the person has been detained in a facility or institution; or

                      (f)  the person has:

                              (i)  been found by a court to not be fit to plead, in relation to an offence; and

                             (ii)  the court has nonetheless found that on the evidence available the person committed the offence; and

                            (iii)  as a result, the person has been detained in a facility or institution.

In Joseph's case, he was facing refusal as he had been sentenced to a year's imprisonment for his refusal to participate in national service.

We helped Joseph prepare a submission along with supporting evidence for submission to the Department of Home to evidence his beliefs, his overall good character, the unlikelihood that he would pose a threat to the community and also to argue about the recognition of similar offences in Australia and the current change in Korean law.

The character unit took around two months to assess his case, and on the basis of our submission, provided notification that the Minister had decided not to refuse his visa on character grounds. His visa was granted on the same day.

The lesson to draw from this is that where a proper and professional submission is provided to the Department of Home Affairs, it is possible to have the Minister decide in favour of the visa applicant. However it is also very important to carefully build a strong case based on the previous case law, evidence with strong probitive value and to draft a well reasoned submission.  

About us

Are you looking to apply for a visa to Australia and looking to appoint an agent? With over 15 years of experience in the field as a Registered Migration Agent, we are able to give you the best chance for your migration success.

Contact 

Matthew Halliday

visa@gamigration.com

Contact us on WhatsApp

+61 2 2058 1119 (Australia)

+82 2058 1119 (Korea)

by Matthew Halliday, Director GA Consulting Co Ltd and Senior Migration Agent (MARN 0701626)

The Department of Home Affairs has announced changes to the Graduate Work stream of the subclass 485 visa which will mean increased eligibility for many students in Australia. The graduate stream is usually used by VET students looking to stay in Australia after studying in Australia.

Currently, among the requirements for this stream, students are required to:

- Nominate an occupation on the Medium and Long-term Strategic Skills List

- Have a degree, diploma or trade qualification related to the nominated occupation

- Pass a skills assessment

Under the changes announced, students will no longer have to to satisfy these requirements. Practically, this will simply put VET students on an even footing with University students who are generally applying via the Post Study Work Stream and do not need to satisfy these requirements. The change is a positive one recognising the contribution to the economy of international VET students and will allow more VET graduates to stay and work in Australia. Although it was announced that this is currently a temporary measure that will be applied during the 2022-2023 financial year, it was also mentioned that it may be extended for longer depending on labour shortages in Australia.

Additionally, the Migration Amendment (Subclass 485 (Temporary Graduate) Visa Replacement Stream and Other Measures) Regulations 2022 (the Regulations) was introduced this week and amends the Migration Regulations 1994 (the Migration Regulations) to provide international students the opportunity to obtain an additional graduate visa where they weren’t able to stay in Australia for the full duration of their previous 485 visa due to Covid-19 travel restrictions. This is a commonsense move that helps overcome the injustice that many international graduates faced when they were unable to return to Australia despite having paid for and being granted a visa to stay in the country on completion of their studies.

In summary, these are very important changes for students in Australia and demonstrates that the Australian government is keen to show international students that Australia still cares while also utilizing their skills to help overcome labour market shortages that were created due to the Covid-19 pandemic.

For more information about whether you might be eligible for a graduate visa, please feel free to contact us for more information.

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About us

Are you looking to apply for a visa to Australia and looking to appoint an agent? With over 15 years of experience in the field as a Registered Migration Agent, we are able to give you the best chance for your migration success.

Contact 

Matthew Halliday/ Daesung PARK

visa@gamigration.com

Contact us on WhatsApp

+61 2 2058 1119 (Australia)

+82 2058 1119 (Korea)

Matthew Halliday, Senior Migration Agent MARA0701626, Director GA CONSULTING

Having consulted and acted on behalf of the Australian partner visa applicants (Subclasses 309/100/820/801/300) for more than 15 years so far, I am always still surprised to hear from applicants that they believe that applying for an Australian partner visa is a simple process.

The relevant Australian immigration regulations are complex and a body of case law and policy has been built up over the years that heavily influences the success of an application. Different rules apply to different classes of people and, many times, the Department unfortunately displays an inflexible attitude to issues that might objectively be considered trivial. Even with perfect knowledge of the immigration regulations, the optimal strategy for each case will differ depending on the aims of the couple, evidence that can be produced, the characteristics of the couple and even issues such as employment. These are all relevant factors that should be taken from the start to ensure that the correct application strategy is selected. Even where an applicant might not have an application refused, it's quite common to see mistakes that were made early on leading to increased cost and time wastage to the applicant. It's always sad to see a couple who would have otherwise had a good case make errors in the process that results in them needing to relodge or be separated for extended periods of time.

Top 5 common misconceptions when applying for an Australian Spouse Visa

1. "As long as we love each other, our visa will be granted"

Many applicants believe that the most important part of a partner visa is having a loving relationship. While this is of course very helpful, it's not enough to satisfy the requirements of the Migration Regulations 1994 (Cth). To put things even further in perspective, Australian courts have ruled that the element of “love” is not an essential element to having a spouse visa approved. 

2. “ We are married, so getting a spouse visa will be a piece of cake”

In the case of a married couple, they may think that it is not so difficult to obtain an Australian partner visa because they are already legally married. Married couples may have an easier path in preparing and processing documents than non-married couples but the actual difference in evidentiary standards is not significant. Applicants applying with only the bare minimum documentation and a marriage certificate risk at worst refusal and at best a lengthy request for further documentation. It's important to note that evidence of the relationship must be satisfied at both the time of application and time of decision so it is often difficult to fix a case where the evidence for a relationship was weak at the time of application.

3. “ We have children, so it will be easy to gain approval”

If you and your sponsor have children, you may think that visa will be easily approved On the one hand, if there is a child, the time required for approval of a permanent spouse can be reduced. On the other hand, if someone other than the sponsor holds parental authority for the applicant's child, the visa approval will not occur unless this issue is resolved first. This is a common issue we see in practice and often one overlooked by couples who have remarried.

4. “We can submit our documents and evidence of our relationship later”

The Australian Department of Home Affairs (Immigration) are quite strict with visa applications from couples who submit only a minimum to no substantial documents when applying for a visa. We have heard from several potential applicants who have spoken with other agents or friends and were advised to just file their spouse visa application first and submit the relevant documents later. This is 9 times out of 10 bad advice as the visa may be rejected without additional documents requested by Home Affairs. Considering that agents are warned against this, it irks me to hear that clients have been advised in this way. If your visa is denied, you may incur significant financial losses (visa application costs) and if you happen to be in Australia, you may also face a ban on re-entering Australia or lodging onshore.

5."A partner visas is a simple and easy visa to apply for"

The number of cases in which a spouse visa is rejected is substantially high, and during the period from February 2018 to January 2019, the AAT (Administrative Appeals Tribunal) reconsideration rate was higher for spouse visa cases than for skilled and employment migrants. In other words, these statistics clearly demonstrate that many partner visa applicants are failing to be approved.

 Top 6 Reasons Why Your Spouse Visa Is Denied  

1.      Insufficient knowledge and misinformation about immigration law regulations

In general, many applicants try to apply for a visa by acquiring the required documents, information and procedures from web or the website of the Department of Home Affairs. However, there are cases where the procedures and related information provided by Home Affairs are incorrect or unclear, and if you rely on such incorrect information to apply for a visa, the Department of Home Affairs will assume no responsibility for any loss. Unfortunately, ignorance of the law is not an excuse no matter how innocent.

In addition, if you apply for a visa relying on unreliable information circulated on the Internet by non-professionals, it may cause a myriad of problems from providing you with unrealistic expectations to ultimately leading to visa refusal. Immigration law is much more complex than most people think and is made up of terms and expressions that are difficult to understand. In addition, the Department of Home Affairs does not disclose specific and sufficient information about visa-related regulations and procedures to the general public making it next to impossible for non-professionals to understand the related regulations and procedures accurately.

2.     Insufficient supporting documents and incorrect documents

If you do not fully understand your situation and the related regulations and procedures, it's extremely difficult to decide what kind of documents to submit, what evidence might act as substitutes, the probity value of the evidence collected and how much is too little or even sometimes too much. A lot of these decisions can only be decided by having relevant experience processing partner visas over many years.

3. Misjudgment of eligibility for a partner visa

In some cases, it is impossible to apply for a visa or the sponsor is not eligible due to related regulations. Also, conversely, there may be cases where the visa process can actually be processed now however a cursory examination would lead an applicant to think otherwise. For example, last year we had a couple who were advised incorrectly by several agents the sponsor could not sponsor the visa applicant until a year later. In fact, the couple could apply immediately and now already have their visa. Getting the correct advice from the beginning can save you both time and money.

4. Improper visa application through the wrong strategy

It is important to take into account the different circumstances of each individual and apply a strategy to apply for the appropriate visa. For example, by quickly and accurately determining whether the applicant and the sponsor are married, cohabiting, the types of documents proving the relationship, and how long the relationship has lasted, we can ensure that the correct strategy is selected from the beginning. We recently had a consultation with one couple who will likely now be separated for up to a year or will have to relodge. This mistake was completely avoidable to a trained eye but is typical of applicants applying by themselves. 

5. Providing false information and failing to submit supporting documents 

If you provide false information or fail to provide the requested information when applying for a visa, or if you do not provide supporting documents to support the information provided (even if true), your visa may be denied under PIC4020. In this case, it may not be possible to obtain an Australian spouse visa for a period of 3 to 10 years. 

6. Inexperienced response to requests for additional immigration

After applying for a visa, the Immigration Officer may request additional matters or additional documents, and these requests must be completed within the period set by the Department of Home Affairs. If you proceed without the help of an expert, you may be embarrassed by the sudden request of the Department, and there is a risk that your visa may be rejected because you do not submit or properly respond to the documents within the specified deadline. By accurately identifying and responding thoroughly, we can ensure the best result with little need to handle further requests from the Department.

7. Failure at the interview stage

The Department of Home Affairs or the Embassy at which the partner visa is being processed may on occasion also interview the applicant and the sponsor. While this is becoming increasingly rare, it still occurs so it's important that couples are prepared for such a request. Prior to attending an interview, the couple needs to have prepared and should have the key dates of their relationship down, settle on common terms of endearment, should be able to explain about what the other partner likes ('colours,'food', 'music', 'movies') and know sufficient information about each other family's members. Providing inconsistent information at this stage of the relationship can cause a decision maker to question the genuineness of the relationship which may ultimately lead to a visa refusal.

Why use GA Consulting as your Registered Australian Migration Agent?

We are proud of our 100% success record in partner visas having helped applicants and sponsors find the best strategy for their particular case since 2006. Types of cases we have experience in include the following:

• elderly couples
• newly married couple
• couples where a spouse is under the age of 18
• remarried couple
• same sex couples
• couple with complex backgrounds
• applicants barred from entering Australia
• couples who suffer from having insufficient documentation
• couples who have never lived together
• aplicants who need a guarantor

Based on our deep experience, we are able to handle even the most challenging partner visa applications. Please contact us if you have any questions regarding visa procedures.

Most people want to immigrate to Australia as quickly as possible. GA Consulting is helping families to obtain visas as quickly as possible by promptly and accurately proceeding with all related procedures after deciding on the best course of action.

GA Consulting is one of the few Australian Migration Agents registered simultaneously in both Australia and the Republic of Korea, with a leading Australian immigration legal team led by Registered Migration Agent (MARN 0701626), Matthew Halliday. 

Contact us

Matthew Halliday Director, MARN701626

+61 2 2058 1119 (Australia)

+82 2058 1119 (Korea)

visa@gamigration.com

Contact us on WhatsApp

by Matthew Halliday (MARN 0701626), Director GA Consulting Co Ltd