Migration Blog

What does Immigration Dept think of Migration Agent

Immigration Department has published a post on their migration blog in regard to “What to expect from a registered migration agent’.

Here is the summary of the things mentioned in the post:

  • It’s against the law for anyone who is not registered to advise about eligibility for a visa or provide assistance
  • Registered migration agents are skilled professionals with up-to-date knowledge of Australian migration law
  • Registered Agent is bound by the professional standards set out in the migration agents’ Code of Conduct
  • Agent must be realistic with you about your chances of getting a visa – they shouldn’t give you false hope and can never guarantee you a visa.
  • The agreement should give you a breakdown of the costs involved in preparing and submitting your visa application, including the agent’s professional fees and any visa application charges.
  • You should consider talking to a few agents about their services and fees before you choose one and sign a written contract with them
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Migration Blog

Partner Sponsor Limitation – When did the past 5 years start to count

In order to prevent people from abusing partner visa program, the migration regulation has placed some limitations on partner sponsorship. A 5 years ban is one of such limitations, that is,

Your sponsorship might not be approved if you:

a) were sponsored for a Partner or Prospective Marriage visa within the past five years or

b) have successfully sponsored another person for migration to Australia on a Partner or Prospective Marriage visa within the past five years.

From time to time, I always got inquiries from relevant clients about how to calculate these 5 years, when does it start, from the date of visa lodgement or visa grant? Can I lodge another sponsorship application if I have less than 12 months to pass 5 year mark?

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When can my employer nominate me for PR

Today I like to address a type of question I often got from my clients: “I don’t have a skills assessment and I only work for my 457 employer for 3 months, when can my employer nominate me for PR?” Here are the summary to answer this type of question: There are a number of options you can choose from.

Temporary Resident Transition Stream

As you probably aware, there is a Temporary Resident Transition Stream, where you have to work for the same employer for at least 2 years on a 457 visa before they can nominate you for PR.

Direct Entry – ENS VS RSMS

There is also a Direct Entry Stream that you can use it to apply for PR without waiting for (or wasting) 2 years.  A lot of people said that you have to pass a skills assessment and have min 3 years post qualification work experience. This only applies if you are using ENS stream. Here in WA (and most parts of Australia), since it is a regional area, you can also choose Regional Employer Sponsored Stream (RSMS), which does not have a minimum work experience requirement and skill assessment is not mandatory unless you were nominated for a trade occupation and you don’t have an Australian trade qualification. A lot of fresh graduates indeed use this pathway to achieve their PR.

General Advice Warning Disclaimer

The information provided on this website is general in nature only and does not constitute personal migration advice. The information has been prepared without taking into account your personal objectives, immigration status or needs. Before acting on any information on this website, we strongly encourage you seek advice from MARA Registered Migration Agent or Lawyers.

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Medibank Health Solution no longer perform visa medical

From 28 July the provision of visa medical examinations and assessments to clients in Australia will commence with Bupa Medical Visa Services.

Medibank Health Solutions (MHS) will no longer provide this service when its contract with Immigration Department expires on 25 July 2014.

For more details, please visit Immigration website at:

http://www.immi.gov.au/allforms/health-requirements/arranging-health-exam.htm

 

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How long is your skills assessment valid for

How Long Is Your Skills Assessment Valid For Migration Purpose?

This is supposed to be a straightforward question. However, in reality, it is a bit complicated.

In the past, it was forever, in other word, even, it stated it is valid for 5 years on your assessment result letter and those 5 years has passed, it doesn’t matter, you can still use it to apply. The Migration Regulation only required you have a positive skill assessment, it didn’t specify it had to be still valid at the time of application or decision.

There is actually a case where an applicant provided an expired skill assessment result letter from the Australian Computer Society and was refused. The case was overturned by MRT and that person had finally got his visa approved.

However, things are different now following recent amendments to Migration Regulations 1994, which takes effect from 1st July 2014.

So how long is it valid for now?

A short answer will be 3 years or less, i.e if the validity period stated in the Assessment Letter is less than 3 years, it takes precedence, e.g ACS and AIM’s assessment are only valid for 2 years.

And how do you work out the 3 years.

It depends on the visa subclass you apply for.

For GSM visa, such as sc189, 190 and 489 (exclude 485), a skills assessment must be valid at the time of invitation

For ENS sc 186 and RSMS 187, a skills assessment must be valid at the time of lodgement

Please note the above amendment does not apply to 457 visa.

General Advice Warning Disclaimer

The information provided on this website is general in nature only and does not constitute personal migration advice. The information has been prepared without taking into account your personal objectives, immigration status or needs. Before acting on any information on this website we strongly encourage you seek advice from MARA Registered Migration Agent or Lawyers.

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