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Category Archives: Immigration

May 29, 2024

An Australian partner visa is designed to reunite the spouse or de facto partner of eligible New Zealand citizens, Australian citizens, or permanent residents. Partner visas in Australia allow candidates to live and work in the country temporarily or permanently based on their chosen category. Partner visas in Australia are divided into two main categories:

  • Offshore partner visa (subclass 309 and 100)
  • Onshore partner visa (subclass 820 and 801)

In this blog post, I’ll provide you with an in-depth analysis of the partner visa 100, covering all its aspects, including the application process, eligibility criteria, processing time, and visa cost. Let’s first understand what a partner (Migrant) visa 100 is.

What is a Partner Migrant Visa (Subclass 100) in Australia?

A Partner (Migrant) visa (subclass 100) allows the de facto partner or spouse of an eligible New Zealand citizen, Australian citizen, or permanent resident to reside in Australia permanently. It is the final step towards permanent residence after obtaining a temporary partner visa (subclass 309) in Australia.

With a partner visa 100, you can:

  • Reside, work, and study in Australia permanently.
  • Access the Australian public healthcare system, Medicare.
  • Sponsor your eligible family members to come to Australia.
  • Travel to and from Australia for approximately five years.
  • Apply for Australian citizenship later on, if eligible.

What are the Eligibility Requirements for a Partner Visa 100?

To be eligible for a partner visa subclass 100, you must meet the following requirements:

  • You must already hold a 309 partner visa.
  • You must have a continuous and genuine relationship with your spouse or de facto partner in Australia.
  • You and your sponsor must have been together for a minimum of two years, or two years must have passed since you submitted your combined application for both 309 and 100 visas.
  • You must have been living together and in a mutual relationship, excluding other partners.
  • Both you and your spouse must be of good character and in good health.
  • Any debts to the Australian Government must be paid before applying for the partner visa 100.

What is the Application Process for a Partner Visa 100 in Australia?

The Australian visa application process can be challenging and stressful. Therefore, it is important to understand the procedure to apply for a partner visa subclass 100. Below is a step-by-step guide for submitting your visa application:

Step 1: Things to Consider Before You Apply

  • If the Department of Home Affairs has already granted you a partner visa 100 immediately after you received your temporary visa subclass 309, you do not need to provide additional documents.
  • If not, you must submit further additional documents. Check your visa status via Visa Entitlement Verification Online (VEVO).
  • Seek professional immigration assistance if needed. Ensure the person you appoint is a registered migration agent, legal practitioner, or an exempt person.

Step 2: Gather and Organize the Required Documents

You can submit your documentation for the permanent stage of your partner visa after two years have passed since the submission of your initial application for both temporary and permanent partner visa streams. It is important to gather and organize all the required documents before applying for partner visa 100 in Australia. Here is the checklist of required documents:

Required Statutory Declaration Forms:

  • At least two statutory declaration forms completed by someone who knows about your relationship history.

Personal Documents:

  • Marriage certificate (if applicable).
  • Evidence of Subclass 309 visa grant.
  • Relationship statements from you and your sponsor.
  • Copy of recent passport showing your photo, personal details, issue, and expiry dates.
  • Proof of joint correspondence addressed to both partners, including bills, deliveries, invoices, and receipts.
  • Evidence of joint financial commitments, such as joint bank accounts, joint financial documents, bills, and other financial liabilities.
  • Evidence of shared accommodation, including joint lease agreements, mortgage documents, joint property ownership documents, and utility bills.

Documents for Dependents:

  • Recent passport copies.
  • Birth certificates.
  • Proof of custody arrangements.
  • Proof of support if dependents are over 18 years old.
  • Visa grant notification of Dependent Child visa (subclass 445), if applicable.

Personal Documents for Sponsors:

  • Recent passport of the sponsor showing all personal details.
  • Statutory declaration of sponsor verifying the genuineness and sincerity of the relationship.

Health and Character Certificates:

  • Police clearance certificate for the main applicant.
  • Police clearance for dependent children over 16 years old.
  • Medical examination certificates showing that the applicant is not suffering from a contagious disease.

Remember to translate all these documents into English.

Step 3: Apply for the Visa (Transition from Subclass 309 to 100)

Two years after you apply for the combined temporary and permanent partner visa, you are eligible to submit your application for the permanent partner visa. Follow these steps:

  • Log into your ImmiAccount.
  • Scroll down and click “Stage 2 – Permanent Partner Visa Assessment (100, 801).”
  • Attach the required documents to the application form and submit the application form.
  • Keep track of your Transaction Reference Number (TRN).

Step 4: Wait for the Visa Outcome

Once you have submitted your visa application, you can manage or track it through the ImmiAccount website. You can be in or outside the country when the Department of Home Affairs makes a decision about your permanent partner visa.

If your application is approved:

  • You will receive details like your visa grant number, start and expiration dates of your visa, and other visa conditions.

If your application is refused:

  • You will be notified about the reasons for your visa refusal and whether you can review the decision.

What is the Processing Time for a Partner Visa (Subclass 100)?

According to the Department of Home Affairs, the general processing time for an Australian partner visa (subclass 100) is between 19 and 27 months. Here is a table that provides a comprehensive analysis of the processing time based on the percentage of applications being processed:

Applications PercentageProcessing Time
25% of applications12 Months
50% of applications17 Months
75% of applications20 Months
90% of applications29 Months

What is the Visa Cost of Partner Visa 100?

Usually, there is no need to pay for a subclass 100 partner visa as you have already paid for this visa while submitting a combined application for temporary and permanent visas (309 & 100). The visa cost for a combined application for both 309 and 100 partner visas is approximately AUD 8,085 for the main applicant.

However, in addition to the application fee, you may have to spend additional charges for getting police clearance certificates and birth and marriage certificates.

Closing Insights

A partner visa (subclass 100) provides the candidates with an opportunity to reunite with their family members and partners in Australia. By now, you have reviewed the application process, documents checklist, and eligibility requirements for applying for a subclass 100. So, what’s next? Take a practical step towards the application process if you truly want to unite with your family.

November 15, 2023

In this invitation round, WA issued a total of 1,200 invitations, including 618 invitations for Visa 190 and 582 invitations for Visa 491.

Invitations are anticipated to be issued in the third week of each month. Here are updates for the invitation round up to 10 November 2023:

SNMP General stream –WASMOL schedule 1 

  • ​Skilled Nominated visa (subclass 190): 300 places
  • Skilled Regional (Provisional) visa (subclass 491): –

​SNMP General stream –WASMOL schedule 2

  • ​Skilled Nominated visa (subclass 190): 140 places
  • Skilled Regional (Provisional) visa (subclass 491): 460 places

SNMP Graduate stream – higher education graduates

  • ​Skilled Nominated visa (subclass 190): 103 places
  • Skilled Regional (Provisional) visa (subclass 491): 122 places

SNMP Graduate stream – vocational education and training graduates

  • ​Skilled Nominated visa (subclass 190): 75 places
  • Skilled Regional (Provisional) visa (subclass 491): –

The last invited expression of interest (EOI) points:

SNMP General stream – WASMOL schedule 1: 75 points

​SNMP General stream – WASMOL schedule 2: 70 points

SNMP Graduate stream – higher education graduates (PhD & Masters): 75 points

SNMP Graduate stream – vocational education and training graduates (Advanced Diploma): 75 points

Source: https://migration.wa.gov.au/our-services-support/state-nominated-migration-program

November 2, 2023

TSS Visa to Permanent Residency 

The Department of Home Affairs has set 25 November 2023 for implementing changes to the employer-sponsored permanent residency program. 

Once the ENS reforms have been implemented, short-term Temporary Skill Shortage (TSS) 482 Visa holders will gain access to permanent residency under the 186 Temporary Residence Transition Stream (TRTS) of the ENS visa program. 

  • All Temporary Skill Shortage (TSS) SC 482 visa holders will be eligible for ENS visas sponsored by their employers. 
  • Applicants will need to continue to work in the occupation nominated for their TSS visa(s). 
  • Sponsored visa holders will be eligible for ENS TRT after two years (down from three years) of sponsorship on a TSS by their employer. 
  • Applicants will need to meet all other nomination and visa requirements for the TRT stream of the Employer Nomination Scheme visa. 
  • The limit on Short Term stream TSS visa applications that can be made onshore has also been removed in the interim. 

 

PR pathway for specified 482/457 Visa STSOL holders 

From 1 July 2022 applicants can apply for permanent residency if they are: 

457 visa holders: 

  • (1) A person who on 18 April 2017 held a subclass 457 visa or had a pending 457 visa application that was subsequently granted 

482 visa holders: 

  • (2) Commencing 1 July 2022 if you are a subclass 482 holder and 
  • if you have been in Australia for at least 12 months between 1 February 2020 and 14 December 2021; and 
  • at the time of application, you are employed by an employer actively and lawfully operating a business in Australia. 

 

This new legislation provides a pathway to permanent residency for Subclass 482 visa holders in the short-term stream, regardless of whether their nominated occupation is on the Medium & Long-Term Strategic Skills List (MLTSSL), the Short-Term Skilled Occupation List (STSOL) or the Regional Occupation List (ROL). 

This new legislation is relevant for applications under the following Employer-sponsored programs: 

 

According to the changes, if the applicants have worked for their employer for two of the last three years while holding a 482 visa in the short-term stream, after 1 July 2022, they can apply for 186 permanent residency visas. 

Legislative Instrument Migration (Specified persons and periods of time for regulation 5.19) Instrument (LIN 22/038) 2022 replaces IMMI18/052 which was self-repealed on 18 March 2022. 

This new Instrument provides a pathway to employer sponsored permanent residency for an additional cohort of SC457/482 visa holders through the Temporary Residence Transition stream of the employer nominated/sponsored schemes as announced by Minister Hawke on 25 November 2021. 

After 30 June 2022 a new cohort of ‘specified persons’ will be eligible to be nominated under the TRT stream of the SC 186 and in some cases the RSMSSC 187. 

September 13, 2023

The Skilled Visa Nomination Program in the state of Victoria for the year 2023 – 2024 (SUBCLASS 190 & SUBCLASS 491) has officially commenced. To be considered for nomination by the state, you are required to submit an Expression of Interest (EOI) application.

Candidates residing in the state of Victoria, as well as those living overseas, should submit their EOI after reviewing the eligibility criteria for:

  • Skilled Nominated Visa (subclass 190)
  • Skilled Work Regional Visa (subclass 491)

Expression of Interest (EOI) Application Process

To apply for nomination for a Victoria state visa, you need to submit an Expression of Interest (EOI) and be invited by the state. The information you provide in your Expression of Interest on the SkillSelect platform will be used in the assessment of your EOI application.

Consequently, you may be required to answer some questions in your EOI application. Therefore, it is important to keep your information updated in your Expression of Interest, including your current place of residence.

What is the Skilled Nominated Visa (SUBCLASS 190)?

This is a permanent visa for skilled migrants. You must receive a nomination from the state of Victoria before applying for this visa. If you are in Australia, you must be living in Victoria at the time of nomination.

Eligibility Criteria

To be eligible to apply for the Skilled Nominated Visa (SUBCLASS 190) nomination in Victoria, you must:

  • Commit to living in Victoria.
  • Have your Expression of Interest (EOI) selected.
  • Be under 45 years of age.
  • Be proficient in English.
  • Have a valid skills assessment for an occupation on the eligible skilled occupation list for this visa type.
  • Score a minimum of 65 points in the Australian government’s points test for your Expression of Interest (EOI) in SkillSelect.

What is the Skilled Work Regional Visa (SUBCLASS 491)?

The Skilled Work Regional Visa (SUBCLASS 491) allows skilled migrants to live, study, and work in designated areas for up to 5 years, with a pathway to permanent residency.

You must receive a nomination from the state of Victoria before you can apply for this visa. After 3 years, individuals with a 491 visa may be eligible to apply for a 191 visa for permanent residency.

Eligibility Criteria

To be eligible to apply for the Skilled Work Regional Visa (SUBCLASS 491) nomination in Victoria, you must:

  • Commit to living in a regional area of Victoria.
  • Have your Expression of Interest (EOI) selected.
  • Be under 45 years of age.
  • Be proficient in English.
  • Have a valid skills assessment for an occupation on the eligible skilled occupation list for this visa type.
  • If you are in Australia, you must be living and working in a regional area of Victoria at the time of nomination. Please note that some outer suburbs of Melbourne are included in the regional area of Victoria by the Department of Home Affairs.
  • Commit to living and working in a regional area of Victoria.
  • Score a minimum of 65 points in the Australian government’s points test for your Expression of Interest (EOI) in SkillSelect.

Source: LiveinMelbourne

For consultation and assistance with visa applications, contact EMK Global Education & Migration, specializing in study abroad and migration services.

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August 24, 2023

On 9 May 2023, the Australian Government announced that the planning level for the 2023-24 permanent Migration Program will be set at 190,000 places.

The 2023-24 Migration Program has been designed to address persistent and emerging skills shortages and support the transition to a net-zero emissions economy by attracting specialist skillsets that are difficult to find or develop in Australia. The Program has the following composition:

  • Skill stream (137,100 places) – this stream is designed to improve the productive capacity of the economy and fill skill shortages in the labour market, including those in regional Australia.
  • Family stream (52,500 places) – this stream is predominantly made up of Partner visas, enabling Australians to reunite with family members from overseas and provide them with pathways to citizenship. Of this stream:
    • 40,500 Partner visas are estimated for 2023-24 for planning purposes, noting this category is demand driven and not subject to a ceiling.
    • 3,000 Child visas are estimated for 2023-24 for planning purposes, noting this category is demand driven and not subject to a ceiling.
  • Special Eligibility stream (400 places) – this stream covers visas for those in special circumstances, including permanent residents returning to Australia after a period overseas.

Migration Program planning levels as announced as part of the 2022-23 and 2023-24 Federal Budgets

VISA STREAM VISA CATEGORY 2022-23 PLANNING LEVELS 2023-24 PLANNING LEVELS
Skill Employer Sponsored 35,000 36,825
  Skilled Independent 32,100 30,375
  Regional 34,000 32,300
  State/Territory Nominated 31,000 30,400
  Business Innovation & Investment 5,000 1,900
  Global Talent (Independent) 5,000 5,000
  Distinguished Talent 300 300
  Skill Total 142,400 137,100
Family Partner1 40,500 40,500
  Parent 8,500 8,500
  Child1 3,000 3,000
  Other Family 500 500
  Family Total 52,500 52,500
  Special Eligibility 100 400
  Total Migration Program 195,000 190,000

1 For 2023-24, delivery of the Partner and Child visa categories are demand driven, with indicative planning levels only.

Program size and composition

The size and composition of the Migration Program is set each year alongside the Australian Government’s Budget process.

To inform the planning levels and policy settings of the 2023-24 Migration Program, consultation occurred widely with state and territory governments, representatives of academia, industry, unions and community organisations.

When planning the Migration Program, the Australian Government considers​ the following:

  • Public submissions
  • Economic and labour force forecasts
  • International research
  • Net overseas migration, and
  • Economic and fiscal modelling.

202​3–​24 state and territory nomination allocations

Nomination allocations are the number of new primary applicants each state or territory can nominate in a program year. New applications are added to the existing on-hand caseload in these visa categories.

Nomination allocations do not reflect the total number of visa applicants in these categories and do not limit the number of visas able to be granted in these visa categories.

The Department processes existing on-hand applications and new applications nominated by a state or territory in line with the permanent Migration Program planning levels and skilled visa processing priorities.

State Skilled Nominated (Subclass 190) visa Skilled Work Regional (Subclass 491) visa Business Innovation and Investment Program (BIIP)*
ACT 600 600 0
NSW 2,650 1,500 0
NT 250 400 0
QLD 900 650 0
SA 1,100 1,200 0
TAS 600 600 0
VIC 2,700 600 0
WA 1,500 850 0
Total 10,300 6,400 0
2023–24 state and territory nomination allocations

Below is a comparison of the 2023–24 state and territory nomination allocations against the 2022–23 state and territory nomination allocations. In summary, there has been a drastic decline of more than 70% in this financial year’s allocation number as compared to the previous year.

Source: Department of Home Affairs

See more: https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels

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