wrussell

We are in the middle of opening a new office and will not have reliable internet for a week or so. For visa applicants sponsored into NSW for permanent residence by an Australian citizen school fees do not apply. Principals who make decisions about fees are not all aware of this and have to be formally advised.

Whether there are school fees depends on the state. Sometimes there is no charge.

Well put.

On 29/01/2024 at 11:31, Steve Elliott said:

Great question Jalphonse

This is one of the niche areas I specialise in.

Firstly, the media reports were all incorrect and the visa has not been abolished. It is however closed to new applicants. 

The original article was published in "The Australian" newspaper by a journo who simply did not check her facts. The 188/888 program has been suspended, pending a review. My take on the situation is that the Government is looking to potentially create a new visa, or redesign the existing 188 to attract a targeted group of entrepreneurs, investor, and talented individuals. 

To answer your questions.

If you were nominated via an EOI, and have already successfully made a valid visa application, you are fine. It is the requirements which were in place at the time of making the application which apply. 

While logic would suggest the absence of new applications should increase processing times (they can't get any slower !, there is no logic when it comes to processing  times and priorities. There are literally thousands of 188s which are 2-3 years old, simply collecting dust and are not being processed as the government has been clearing backlogs elsewhere. You just have to sit tight for the time being. It's frustrating and everyone is complaining about this. They will be processed at some point in time, but "when" is the big question.

 

 

Beware of cap and cease raising its ugly head.

Cap and cease means when a cap has been reached for a particular visa class:

• work on all applications which have not been processed to decision stops
• the files are closed
• application fees are refunded

These applications are treated as if they have not been submitted.

There are also; course costs (for courses longer than one year, show the first 12 months) travel costs, medical examination fees, English language test/s (as applicable) visa application charge/s, police clearances, enrolment costs, ongoing health insurance, course materials, internet and cell phone connection, and so on. For those planning to work towards permanent residence (in my experience, everybody) a plan B in case plan A falls apart.

Migration (LIN 19/198: Evidence of financial capacity—Subclass 500 Visa and Subclass 590 Visa) Amendment (LIN 24/042) Specification 2024 dated 2 May 2024 amends Migration (LIN 19/198: Evidence of financial capacity—Subclass 500 Visa and Subclass 590 Visa) Instrument 2019 to revise and increase the amount of funds required to be evidenced  by an applicant seeking to satisfy the primary criteria for the grant of a Subclass 500 visa, secondary criteria for the grant of a Subclass 500 visa, or primary criteria for the grant of a Subclass 590 visa, if required to do so by the Minister.

The revised amount of funds for the purpose of evidencing financial capacity by an applicant for a Subclass 500 or Subclass 590 visa reflect the current cost of living pressures these visa holders will be subject to once they arrive in Australia.

Previously, these figures were adjusted based on the Consumer Price Index but the current figures are based on a new methodology, calculated as a proportion of the Australian National Minimum Wage. The National Minimum Wage is the minimum amount an employer must pay an employee. It is a reasonable approach to ensure that visa holders can support themselves at a standard comparable to the lowest paid Australian worker.

The instrument increases the following annual living costs and expenses:

1. The amount of living costs and expenses required for a student or guardian has been increased from AUD24,505 to AUD29,710
2. The living costs required for a spouse or de facto partner of an applicant has been an increased from AUD8,574 to AUD10,394
3. The living costs required for each dependent child has been increased from AUD3,670 to AUD4,449
4. The annual school costs required for each school-aged dependent child has been increased from AUD9,661 to AUD13,502
5. The personal annual income required for a primary applicant if there is no secondary applicant has been increased from AUD72,465 to AUD87,856
6. The personal annual income required for a primary applicant where there is a secondary applicant has been increased from AUD84,543 to AUD102,500.

The instrument is registered on the Federal Register of Legislation on 9^th May 2024. It is currently in force.

It does not hurt to make the best case you can for 'strong ties' and if a RRV is refused, move on.

If you go to my website pinoyau.com and use the contact link, I shall have a look at your case.

I have known an invitation to succeed with over claimed points, where the points score met the required score after the over claimed points deducted.

On 28/04/2024 at 19:20, AuDHDSW said:

We’re at the beginning of looking into moving to Aus, both me and my husband are gathering the paperwork we need to submit to AASW to verify social work qualifications (both child protection social workers). I’m autistic and ADHD, only support I require is ADHD medication. I naively thought that working full time in a profession on the skills shortage without any supports in place beyond a monthly prescription, would be enough to demonstrate my neurodivergence isn’t going to be an excessive cost. Now it’s coming to paying $$$$ for skills assessments, I’m not so confident. Anyone have any experience obtaining a visa as an autistic/ adhd adult? Thanks 

 

 

There is a procedure available that, assessed with professional advice about the complex health criteria, would enable you to develop a considered strategy.

Why not use your UK AMEX?

May I suggest that you consult one of the registered migration agents who posts on this forum for a case assessment?

An 801 application is invalid if an applicant does not hold an 820. Some delegates who intend to proceed immediately from an 820 grant to an 801 grant do not inform applicants about the 820 grant, and some do. This sometimes creates confusion.

Looks as if subclass 482 is going to be deleted.

I’m in the same boat as OP

The titanic!

If your application was capped and ceased, you are deemed not to have made the application and in any case 476 has been deleted, so you cannot reapply.

Apply for a refund of the visa application charge.

The money you spend on ancillary costs was wasted.

Do not complain about being 49. I am 83 and still firing on most cylinders.

The OP might be able to qualify for a Student Guardian visa (subclass 590) that does not as a rule have work rights.

I recall years ago advising a UK solicitor to lodge his own application and charging him a modest fee. After his visa was granted, he told me I had not charged enough and doubled the amount. BTW, solicitors in Australia may give migration advice, even if they know nothing about immigration.

Take advice from one of the registered migration agents who posts on this forum for advice, before applying.

There are numerous factors that can affect the progress of an application. How busy the processing office is, slow responses to overseas investigations, misplaced or lost files and so on. A polite query about the progress of the application would be in order at this stage.

A clause from our service agreement:

We will promptly inform you about significant developments in your case. If your case is not progressing in a timely and satisfactory way we
will let you know why this is so and what we are doing about it. Please note that various authorities might not respond adequately, or at all,
to progress enquiries.

It is more than a moral obligation. If the minister forms the belief that an applicant had no intention of working in the nominating state or territory action (visa cancellation) can and has been taken.

Free advice is sometimes worth what it cost. In some cases, preparing a considered professional opinion takes several hours.

If you apply to more than one state or territory you are unlikely to by invited by any. Check the conditions of all and edit your EoI.

Take Paul's advice.