The residence requirements in applying for Australian Citizenship

Work Visa Lawyers has advised many people who cannot meet the residence requirements, due to having gone overseas for an extended period, to look after a sick and often terminally ill parents.

If someone spends more than one year outside of Australia in the last four, then they will not meet the residence requirements to be able to apply for Australian Citizenship.

There are a number of exemptions and discretions in relation to the residence requirement including where:

• Administrative error led to you becoming unlawful or not becoming a permanent resident.

• You would suffer significant hardship if a period of temporary residence is not counted as a period of   permanent residence.

• You are a spouse, widow or widower of an Australian citizen, were a permanent resident, and maintained a close and continuing association with Australia during the relevant period.

• You have been engaged in activities of special benefit to Australia or work that required regular travel.

• You have completed the required amount of Defence services.

There is currently no discretion or exemption to allow persons to go overseas to care for sick parents, and still be able to apply for Australian Citizenship.

There are no shortages of negative news during the COVID-19 pandemic. At Work Visa Lawyers, we aim to take a positive approach. Below are six visa options that you may be eligible to apply for during these uncertain times.  

On 15 June 2020, the Senate passed the Migration Amendment (Regulation of Migration Agents) Bill 2019. This means that unrestricted legal practitioners will be able to provide immigration advice to clients without having to be registered as a migration agent.

Currently, all legal practitioners must be registered with the Office of the Migration Agents Registration Authority (OMARA) as well as hold practising certificates through their state legal boards. This means that they are subject to two sets of professional regulatory regimes. The deregulation of legal practitioners operating in the migration advice industry will allow for any legal practitioners to provide migration advice. 

Until the Bill becomes law, lawyers are still required to be registered with the OMARA to be able to provide migration advice. 

The Migration Amendment (Regulation of Migration Agents) Act 2020 received Royal Assent on 22 June 2020. The final version of the Act is yet to be released.

Schedule 1 of the Act specifies that it will become unlawful for legal practitioners with Unrestricted Practising Certificates to be registered as Registered Migration Agents from the date made by proclamation, or nine months after the day after the Act received Royal Assent (ie 23 March 2021), whichever is earlier .

Although there is quite an amount of work involved in OMARA changing its internal systems, the changes may occur before the 23 March 2021.

Lawyers vs Registered Migration Agents

With the passing of this Bill, all lawyers will be able to complete work typically done by Registered Migration Agents.

Migration is a complex area of law that is constantly changing. It is important that advice is sought from experienced immigration lawyers or registered migration agents. Having experience in the field of immigration, they will be aware of current regulations and policies relating to various visa subclasses.

While immigration lawyers and registered migration agents can both provide migration advice, visa application assistance and appeals to the AAT, only lawyers can assist with judicial review at the Federal Circuit Court.

At Work Visa Lawyers, we have a team of Immigration Lawyers and Registered Migration Agents. We can help you with all aspects of your visa application and appeal.

Which is Better? Lawyers or Registered Migration Agents

When it comes to migration advice, it is not about the title held but more so the person's experience in the field. It is important that you seek migration advice from a professional who has expertise in the visa subclass that you are applying for. Within the field of immigration, there are varying expertise on a range of visas, such as partner visas, skilled visas or employer-sponsored visas. Our team at Work Visa Lawyers have experience in all areas of migration and would be happy to assist you.

There are a few ways to determine the previous experience of a lawyer or an RMA:

Years of Practise

To check how long your RMA has been registered for, search their name on the Register of Migration Agents on OMARA. All of our RMAs are registered with OMARA.

To check when your Lawyer was admitted to practise law, search their name on the Register of Practising Certificates in the relevant state legal board. In South Australia, this will be the Law Society of South Australia. All of our Immigration Lawyers hold valid certificates to practise law in South Australia.

Chris Johnston, the founder of Work Visa Lawyers, has been working in the Immigration field since 2006.

Testimonials

Reviews and testimonials from previous clients will give you an idea about their experience in the field. 

You can read more about our happy clients on our Testimonials page. 

The dynamic arising from the Lawyer Deregulation Bill may create conflict within the migration advice industry. With both Lawyers and RMAs operating under distinct sets of Professional Conduct Rules, there is a lack of regulation to govern two sets of professions working in the same field.  

Do you need help?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Partner Visas, Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

Sources

https://minister.homeaffairs.gov.au/jasonwood/Pages/government-removes-unnecessary-dual-regulation-for-lawyers.aspx

Overview of the current Global Talent Visa program

The Global Talent visa is aimed to target high achievers in the following 10 target or priority sectors:

• Resources
• Agri-food and AgTech
• Energy
• Health Industries
• Defence, Advanced Manufacturing and Space
• Circular Economy
• DigiTech
• Infrastructure and Tourism
• Financial Services and FinTech and
• Education

However, some sectors are more popular than others.

According to the figures released by the Department of Home Affairs, around this time last year, there were 920 Expressions of Interest (EOIs) submitted to the Department in February 2021. The sectors with the most number of EOIs submitted are:

1. Digitech with 275 EOIs;
2. Health industries with 177;
3. Energy and Mining Technology with 112;
4. Financial services and Fintech with 108; and
5. Agri-Food and Agtech with 65.

From 16 November 2019 the Department of Home Affairs will introduce two new skilled regional provisional visas with a new permanent visa pathway from November 2022. The two new provisional visas will supersede two existing visas and will include some significant changes that prospective applicants need to be aware of.

This is an interesting article contrasting Australia’s ranking on social and economic indicators which is very high and the perceptions of Australian’s in relation to life in Australia, which is lower:

http://www.theguardian.com/business/grogonomics/2014/apr/21/australia-has-it-pretty-damn-good-so-why-arent-we-cheering

MRT waiting times are dropping fast

The Migration Institure of Australia, the peak migration industry body, has released the following information from the April April MRT RRT Community Liaison:

“The MRT and RRT Tribunals report they have made a record 2,516 decisions in March 2014, this brings the total number of decisions to 18,858 to the end of March, representing a 46% increase compared with the same period last year.”

The increase in decisions made by the MRT and RRT means that the waiting times for those who have lodged a MRT will be much shorter.

Comment by Chris Johnston, Migration Lawyer and Registered Migration Agent: 

I can comment based on my recent professional experience, as a Migration Lawyer assisting a number of review applicant’s who have recently been allocated hearing dates.  Some times these allocations are up to a year earlier than expected.

Be warned - The current average processing times on the MRT site, are based on previous allocations, and may be much longer than the MRT is currently taking.

So this raises the question:

If you have lodged with the MRT, are you prepared for a hearing?

Have you or your Representative sent in a comprehensive submission to the MRT, providing reasons as to why your review should be successful?

It is my professional opinion, that you increase the chances of success at the MRT or RRT, if you provide a well prepared submission to the MRT or RRT decision maker, before the hearing takes place.

What you need to be get ready to supply to the MRT to improve your chances!

For Partner application MRT reviews – the review applicant’s should have been collecting ongoing evidence of the genuine relationship, and this should be submitted to the MRT.

For Employer Sponsored MRT review based on the business or nominated position – this could be for the 457 or RSM or ENS  - the review applicant will need evidence that the business continues to actively operate and still has a need for the position.

For Employer Sponsored MRT review based on the visa applicant’s skills, experience and English Skills – you will need to have your references to prove skills and relevant IELTS at the required level, ready to send to the MRT.

As a general observation – for any MRTs relying on suppling higher IELTS – you should be aiming to achieve the test result as soon as possible, in case your MRT hearing is given a date soon.

With the increase in MRT decisions, it is a good idea to start preparing for a hearing.

Sources:

The Migration Institute of Australia

The MRT:

http://www.mrt-rrt.gov.au/Apply-for-review/Processing-times.aspx

Do You Need Help in with taking a refused visa application to the MRT or RRT?

If you require assistance in relation to the MRT or RRT, we have the experience to give you the best chance of success.

You can contact us through:

 (08) 7225 5091 or +61 8 7225 5091  

or This email address is being protected from spambots. You need JavaScript enabled to view it.

Recently South Australian State Government announced that 18 high demanding occupations including Cooks and Hairdressers are included on their SNOL (State Nomination Occupation List). This means Cooks and Hairdressers with a positive full skill assessment and IELTS 6.0 in each band might be eligible for Skilled Nominated visas such as subclass 190 (Permanent) and 489 (Temporary).

Several years ago, Cooks and Hairdressers were removed from SOL (Skilled Occupation List). These occupations remained in the CSOL (Consolidated Skilled Occupation List), therefore people still can apply for 457 visa and/or ENS or RSMS. Currently SA, NT and TAS governments are nominating both occupations for subclasses in Australia.

Note: This table only described whether Cook and Hairdressers are on State Nomination Occupation List in each State or Territory. Each State or Territories has different English and work experience criteria therefore this table itself does not guarantee successful State Nomination at all.

Unfortunately, Nominated pathways requires full skill assessment, therefore people who holds provisional skill assessment or skill assessment for 457 is not eligible for this pathway.

Those people who holds subclass 489 is allowed to remain in Australia maximum 4 years. Within 4 years, if they meet the requirements, they can apply for subclass 887 which is permanent resident visa. Basically, they need to remain in the Sponsored State at least 2 years and work over 35 hours per week for 52 weeks.

If you would like to find out whether you are eligible for either 489 or 190, please contact us to 08 7225 5091 or This email address is being protected from spambots. You need JavaScript enabled to view it. for an initial consultation. 

New Resources are available on the ANMAC website to assist applicants and Registered Migration Agents to prepare skills assessments for Enrolled Nurses.

This is in response to the large number of applications and resulting delays in processing times of skills assessments, which can be in excess of 16 weeks or more.

ANMAC has release the following statement:

“New resources to assist with the submission of supporting documents for migration skills assessments

Background

The Australian Nursing and Midwifery Accreditation Council (ANMAC) assesses the skills of nurses and midwives who want to migrate to Australia under the General Skilled Migration Program. We are the independent assessing authority authorised by law to conduct these assessments by the Department of Immigration and Border Protection (DIBP).

Situation analysis

ANMAC continues to review the migration skills assessment process and implement Quality Improvement strategies. An unprecedented increase in application numbers during the past 12 months has created an additional administrative burden on ANMAC assessors especially where the submission includes incorrect supporting documents and incomplete applications.

A project was undertaken to review of documents submitted for migration skills assessments.

The review revealed common errors among applicants and/or agents with the supporting documentation submitted for an assessment.

Common errors include:

·         Incorrect registration certificates (from Australia, New Zealand and elsewhere in the

world.

·         Misunderstanding the declaration and photograph requirements on the cover letter.

·         Not submitting graduation certificates.

·         Submission of professional references that do not meet ANMAC requirements.

·         Enquiries relating to the process for requesting a certificate of registration status (CoRS) from the Australian Health Practitioner regulation Agency (AHPRA).

New resources available

To continue to process applications in a timely manner, ANMAC has included information and examples for providing the correct supporting documents on the International Services resources page of the website. Applicants and agents are encouraged to use these support tools when gathering supporting documents for migration skills assessments. This will allow the applicant and/or their nominated agent to review the requirements for each document before resubmitting the application.

ANMAC provides specific advice to assist agents and their clients in gathering only the required documents for the skills assessment process. Upon completion of the online application an email is sent to the applicant/agent that has a link to the ANMAC supporting documents information. The new resources will complement the checklists emailed to applicants and/or agents at the completion of the online application.

This project is the latest in a number of developments already undertaken by ANMAC to improve assessment times, including:

·         New website that incorporates a more user friendly interface and articulates

assessment information succinctly.

·         New database to improve information storing and reporting.

·         Increasing number of assessors and support staff.

·         Increasing attendance at Migration Institute of Australia continuing professional development sessions and other stakeholder events to inform agents of ways to minimise barriers to their clients’ assessment process.

·         Checklist for required documents to ensure only those required documents are provided.

·         New policy for returning applications with excessive documentation.

The new resources will reduce the unnecessary administrative burden on the ANMAC

assessors allowing for faster assessment times while ensuring that responsibility for the

submission of correct documents appropriately resides with the applicant and/or their

nominated agent. We appreciate your support and assistance with these new resources. “

The Resources are available through this link:

http://www.anmac.org.au/resources

Warning -This information is accurate on the 09 April 2014.  

DIBP and the State/Territory authorities can change requirements in an ongoing manner and all current requirements must be established prior to lodging a skills assessment or visa application. 

Sources:

http://www.anmac.org.au/resources

Do You Need Help in Relation to a Skills Assessment or visa application as a Enrolled Nurse or Registered Nurse?

At Work Visa Lawyers we are experienced in assisting with skills assessment to enable applications for skillselect subclass 189, 190 and 489 visas and Employer Nomination Scheme applications.

We can help you with state sponsorship and visa application as an Enrolled Nurse or Registered Nurse.

For further information regarding skills assessments or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091.

Or email:  This email address is being protected from spambots. You need JavaScript enabled to view it.  

Immigration SA has added 18 new occupations t the State Occupation list including some very common occupations – Cook, Hairdresser, Customer Service Manager and Database Administrator.

This is a major change and provides opportunities for persons all over Australia and from overseas as well.

Please see the full text of the Immigration SA news release below:

“The South Australian Government, in collaboration with local industry, regularly conducts research to identify skill needs in the local labour market.

Immigration SA is the State Government agency responsible for international migration to South Australia.  We offer pathways to permanent residency for skilled migrants who have occupations that are in-demand.

South Australia’s occupation lists are live.  Any changes made to the lists are visible immediately, enabling you to see which occupations are currently available for state nomination.

The table below details eighteen new occupations added to the State Occupation list.

The new occupation lists

There are now two state nomination occupation list for South Australia:  the State Occupation list and the South Australian Graduate list.  

• Occupations on the State Occupation list are available to all applicants including South Australian international graduates.
• The South Australian Graduate list, previously known as the off list, is for graduates who have completed a Bachelor degree or higher in South Australia.
• The subscription functionality enables you to stay up to date with changes to the occupation lists and the news and events page as changes occur.
• The details of the relevant skills assessment authority for each occupation is now included in the lists.

Remember, to be eligible for state nomination applicants must have a positive skills assessment from the relevant authority for their nominated occupation.  Applicants must also meet all of the federal and state requirements for the visa being applying for.”

Warning -This information is accurate on the 08 April 2014.  

DIBP and the State/Territory authorities can change requirements in an ongoing manner and all current requirements must be established prior to lodging a skills assessment or visa application. 

Sources:

The Immigration SA website:

https://www.migration.sa.gov.au/news%20and%20events

Do You Need Help in Relation to a Skills Assessment or visa application for an occupation on the SA State Sponsorship list?

At Work Visa Lawyers we are experienced in assisting with skills assessment to enable applications for skillselect subclass 189, 190 and 489 visas and Employer Nomination Scheme applications.

We can help you with state sponsorship and visa application for occupations including: Cook, Hairdresser, Customer Service Manager and Database Administrator

For further information regarding skills assessments or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091.

Or email:  This email address is being protected from spambots. You need JavaScript enabled to view it.