Australian Visa

 

Employer Sponsor Visas

482 TSS (formerly 457)
The 482 is designed to quickly address staff shortages in your business it has replaced the 457. Depending on which occupation you need filled, the visa can be granted for 2 or 4 years. There are some obligations that come with sponsoring a foreign worker. We don’t find any of them too offensive but certainly if you talk to a lawyer/agent and they don’t bring them up, please proceed with extreme caution.

Depending on the occupation, a 482 visa holder who works with you for 3 years may be able to be sponsored for permanent residency by you.

A candidate must have at least 2 years’ work experience to qualify for this visa, sometimes more.

407 – Training Visa
We primarily refer to the 407 visa as the training visa although there are other streams. On face value the visa looks quite simple but in reality we see countless refusals from inexperienced agents. The training plan is the crux of the application.

The training visa has no minimum salary but employers are still bound by employment law entitlements. A candidate for this visa only needs one year of work experience in the industry making this visa particularly popular after the introduction of work experience requirements on the 482 (formerly 457).

The idea of this visa is that the business is helping the candidate develop their already existing skill set.

408 – Religious Worker
There are many different streams to this visa but we specialise in the religious worker stream. Religious workers can be sponsored for up to two years (renewable). There is no direct PR path from this visa. An indirect PR paths can include labour agreements.

Labour Agreement
Labour agreements are very different to a typical visa application. It is not a case of those meeting specific criteria being granted a visa but rather it involves a negotiation process with the Department.

Labour agreements should fill very genuine needs in the labour market and can access positions at a lower skill level than any other visa stream. Labour agreements can access the 482 visa and then eventually the 186 transition visa.

If you do not have months of time to negotiate with the Department the labour agreement stream is likely not suitable for you.

187 RSMS – Regional Visa
In 2018 it was announced that 50% of 187 regional visas were being refused. The Department are being stricter than ever with this visa.

In March 2018 for the first time a minimum salary of $53,900 p.a. + super was introduced. In some circumstances higher wages are required.

Ideally before lodging an RSMS the business will receive certification from their regional certifying body (depends where the business is located).

This is a PR visa requiring typically 3 years work experience and 6 in each category of IELTS (or equivalent test). Some but not most occupations require a skills assessment.

186
There are two streams for this permanent residency visa – direct and transition.

Transition stream applicants have been working for their sponsoring employer for either 2 or 3 years depending on their circumstances and they may hold a 457 or 482 visa. The Department assess compliance with conditions on their 457/482.

Direct entry stream requires 3 years work experience and a positive skills assessment. Occupation must be listed on the medium to long term skilled list.

Minimum salary of at least $53,900 p.a. + super (sometimes more) applies.

6 in each category of IELTS (or equivalent test) is required for both streams.

400
Short stay business visas are for visits are great when trying to bring in international talent to train Australian staff or work on other short projects.

 

Skilled Visas

189 Independent Skilled Visa (PR)
As of 1 July 2018 65 points are required to be eligible for this visa. Note however that 65 points guarantees you nothing. Make sure you choose an agent that explains the expression of interest process to you and does a proper assessment of your timeline if you need a bridging visa.

Having the right amount of points isn’t the only criteria, you also need a skills assessment.

190 State Sponsored PR Visa
As of 1 July 2018 65 points are required to be eligible for this visa. If a state chooses to sponsor you based on your occupation being on their list you will earn an extra 5 points. 65 points does not guarantee you a visa.

Typically if you are onshore you need to have been living into at state for some time before you will be chosen unless you have a job offer in your field. This visa subclass is very finicky if this if your PR plan know that the states can change their rules at any time and tend to do so even more often than the Department. Seek professional advice to make sure you don’t place your bets on the wrong visa.

Often the hardest part about this visa is the skills assessment.

489/887
The 489 is a 4 year visa with a pathway to PR. You need to be sponsored by a regional area. To achieve PR you need to live in a regional area for 2 years and work in that area for 1 year. Work does not have to be in any specific occupation.

As of 1 July 2018 65 points are required to be eligible for this visa. If a state chooses to sponsor you based on your occupation being on their list you will earn an extra 10 points. 65 points does not guarantee you a visa.

Typically if you are onshore you need to have been living into at state for some time before you will be chosen unless you have a job offer in your field. This visa subclass is very finicky if this if your PR plan know that the states can change their rules at any time and tend to do so even more often than the Department. Seek professional advice to make sure you don’t place your bets on the wrong visa especially if you are making an onshore application and need to receive an invitation before your current visa expires.

Often the hardest part about this visa is the skills assessment.

Points
Points for skilled visas can be earned in a number of ways. The most amount of points come from your age with the ‘perfect’ migration age being between 25 and 33. English language test scores are another big point earner as well as education and work experience.

 

Family Visas

Partner Visas
It can feel strange having to prove your relationship to the Department but unfortunately there is no way around this. These visas (onshore, offshore, finance/ prospective marriage visa) have a really long waiting time so some people reduce their stress levels by appointing an agent who will be on the other side of the phone every time they need assurance. There is a trend where well lodged applications are fast tracked. We tell our clients we often get grants in 8 months but can’t guarantee this time frame.

Child Visas
Child visas for those over the age of 18 are possible but require meticulous attention from a migration agent. There are age limits for more applicants so if you have PR and have a child that doesn’t do not delay in getting your case assessed.

Parent
Contributory parent visas cost ~$50,000 per person. You are able to spread the cost over two applications if need be. If the parents are over 63 years old we may have a cheaper option. Contact us to see if it could fit your circumstances.

Remaining Relative
We do not assist with offshore remaining relative applications. The waiting list is far too long for anyone to get their hopes up. There is an onshore option we can talk to you about.

Carer Visa
This visa sounds a lot less complicated than it is. This should be a last resort. You should have limited family in Australia for this to be an appropriate visa for you. In the right circumstances we can help but if you talk to an agent that makes it sound easy please be careful.

 

Student Visas

The biggest thing for a student visa is the genuine temporary entrant criteria. Do not let an agent use any sort of template as this statement should be reflecting your individual circumstances. We have had successful cases that have shocked some people such as accountants with more than 4 years experience from assessment level 3 countries wanting to study to be mechanics.

If PR is your goal you want to think carefully about what course you enrol into to see if it will open up any pathways for you.

 

Graduate Visa

If you study in Australia for 2 years or complete an engineering degree from certain universities you can get up to two years of unlimited working rights in Australia. These 2 years are often vital to get you ready for a PR application. The application itself doesn’t necessarily look that complicated but the processes for this visa are very strict and the smallest mistake can lead to visa refusal.

 

Tourist Visa 600

The Department are looking for reasons why a tourist will comply with visa conditions and return home after their trip. There are a range of things that contribute to this. They are also looking for ulterior motives. If you are thinking of coming to Australia as a tourist and then applying for another visa it can be very much worth your while to contact a registered agent / lawyer. Lately we have had a lot of success lodging tourist visas and avoiding the 8503 no further stay condition.

 

Investor Visas

We can assist with all 188 visas as well as the 132 visa and the transition from 188 to PR. That said, often we find these visas are not the quickest pathway to permanent residency. If you do not meet the points test or assets tests we will consider also your suitability for the new 188 Entrepreneur stream. 188 visas are typically granted for a 5 year period and the transition to PR takes typically 5 years. 188 visas are our last resort for a client and typically is only required if you are older than 45 and have limited English skills.

 

Appeals

We specialise in the out of the ordinary. Our success stories include:

  • 4020 accusations of providing fraudulent and misleading information
  • Schedule 3 partner visa cases
  • Student visa refusals
  • Student visa cancellations

For us to be able to assess your chances of success we need to see your decision record and a copy of what you attached to your application. Don’t forget about the strict time lines for lodging an appeal.

For some clients even if the case is not winnable at the AAT we might still be able to work out a plan to help.

 

Tips For Choosing The Right Agent / Lawyer

  • Being called a lawyer or a registered migration agent is not enough! Just like in any industry some people are terrific at their job and others terrible. Don’t trust the title  investigate the person. 
  • When you are signing up check if you are choosing a firm or an agent. Some big firms pass their file to several agents causing a lot of stress for clients.
  • Online reviews that can be verified such as Google and Facebook (check if they have a profile and are active and are not fake accounts) can give you some insight into their work. 
  • The amount of years someone has been working isn’t always indicative of skill level. I have interviewed some agents with many years experience but lodging 10 visas a year is very different to 30 a month.
  • If you are onshore (in australia) make sure your agent has onshore experience. there are so many rules that offshore agents just don’t get to work with. 
  • If you are signing up for any type of skilled or work visa and haven’t shown any documents to your agent they may not have the information they need to make a proper assessment. If it seems too easy something is probably wrong.  
  • No agent should ever guarantee any outcome 

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