Lisa De Leon

This is where a migration agent can help avoid a heart breaking decision like the above case. The wording in the legislation is crucial to whether the applicant satisfies the requirements. The important factor in the above case is that they were not relying on their parent for accommodation. If your case is not straight forward always consult a registered migration agent. Under the legislation: The test for dependency is that the visa applicant is reliant on the parent for financial support to meet the applicant's ‘basic needs’ for food, clothing and shelter and that the reliance on the parent is greater than their reliance on any other person or source of support. The legislation requires a person to be dependent for a substantial period immediately before the time of application.

To include a child as migrating with you in your 173 visa application, the child must: be your child or a stepchild from a current or a previous relationship (in certain circumstances); not be married, engaged to be married, or have a de facto partner; and must be: under 18 years of age or over 18 years of age but not yet turned 23, and be dependent on you or your partner or over 23 years of age and be unable to earn a living to support themselves due to physical or cognitive limitations and be dependent on you or your partner (Note: The child will still need to meet Australia’s health requirement) The only way a child > 23 can be successfully included is if they have an intellectual disability as in point 3 above. These changes occurred in November 2016.

You need to apply for the Child visa before they turn 25. But the child must have been financially dependent on you since leaving high school, which is best demonstrated by uninterrupted study and no work. Any breaks in study of more than 6 months will be questioned. It might be hard to apply for a Child visa if you have only known them since last year.

Current processing time is around 3 years. Here is a link to the calculator for assurer income that changed recently: www.centrelink.gov.au/custsite_aoscalc/aoscalc/financialCalPage.jsf?prg_id=34d2688b28984064b998d5e17948910b&wec-appid=aoscalc&page=1C0EADC1A5804952B374580CFFB9BDFD&wec-locale=en_US#stay Unfortunately the visa application charge is a donation to the Australian government, but you will get the AoS back after 10 years.

Here is a link to the calculator: www.centrelink.gov.au/custsite_aoscalc/aoscalc/financialCalPage.jsf?prg_id=34d2688b28984064b998d5e17948910b&wec-appid=aoscalc&page=1C0EADC1A5804952B374580CFFB9BDFD&wec-locale=en_US#stay

In new legislation released today, link here www.legislation.gov.au/Details/F2018L00425/Download it was announced that the Assurance of Support for Contributory Parent visa applications will increase by 50% from 1 April 2019. This will take the AOS payment for a main applicant to AUD 15,000 and the secondary applicant's payment to AUD 6,000. There are also increases to the income requirement for assurers, effective immediately.

It would be nice if the Department of Immigration always made logical decisions when processing visa applications but it is not always the case. To avoid any confusion it is best to draw their attention to the fact, maybe in your personal statement, so that the provisional visa is not granted without the second stage. Otherwise you will have to wait 2 years even though you are in a long term relationship. You can never assume that anything is obvious.

I wouldn't use old certified documents if it is possible to scan the original and use that. To avoid delays that is what I would recommend.

An agent would include this information in their legal submission.

The time of decision criteria for a 100 visa requires that any claim that the applicant and sponsor are in a long-term relationship be made at the time of application. As the Subclass 100 is lodged at the same time as lodging the Subclass 309 visa, the long-term relationship must therefore have been claimed when the application for the temporary partner visa is lodged. If the 309 visa is granted without the 100, they must wait for two years from date of lodgement in order to be eligible to be granted the permanent partner visa. It doesn't happen automatically and you need to draw the case officer's attention to the fact that you have been in a long term relationship.

Original documents need to be uploaded as coloured scans of the original.

http://www.homeaffairs.gov.au/Trav/Visa-1/155- There will be a document checklist under Follow These Steps, and then 2. Gather Documents.

For grant of 155 visa: If the applicant has been absent from Australia for a continuous period of more than 5 years it is necessary, in addition to the substantial business, cultural, employment or personal ties to Australia, to substantiate compelling reasons for the absence from Australia. Some examples of compelling reasons under policy include but are not limited to: •severe illness or death of an overseas family member •applicant or the applicant’s accompanying family members have been receiving complex or lengthy medical treatment preventing travel •applicant has been involved in legal proceedings such as sale of property, custody, or contractual obligations and the timing was beyond the applicant’s control; •the applicant has been caught up in a natural disaster, political uprising or other similar event preventing them from travel.

Should a permanent resident leave Australia without a RRV, or if the person is overseas when a permanent visa (including a RRV) expires, the person will have lost the right to return to Australia and as such, they will have lost the right to remain indefinitely in Australia. The person’s status as a permanent resident can only be regained if an appropriate RRV is granted. There are several classes of Resident Return visas and the criteria for the grant of an appropriate RRV vary depending on how long the applicant has actually lived in Australia at the time of application. The subclass 155 RRV is a permanent visa with a travel facility of up to 5 years. Applicants who have been in Australia as a permanent resident for a total of 2 years in the last 5 years are eligible to be granted the maximum travel facility of 5 years. Those applicants who do not meet the residence requirement may be granted a travel facility for up to 12 months where they can demonstrate substantial personal, employment, business or cultural ties that are of benefit to Australia. If the applicant has been absent from Australia for a continuous period of more than 5 years it is necessary, in addition to the substantial ties to Australia, to substantiate compelling reasons for the absence from Australia. Some examples of compelling reasons under policy include but are not limited to: •severe illness or death of an overseas family member •applicant or the applicant’s accompanying family members have been receiving complex or lengthy medical treatment preventing travel •applicant has been involved in legal proceedings such as sale of property, custody, or contractual obligations and the timing was beyond the applicant’s control; •the applicant has been caught up in a natural disaster, political uprising or other similar event preventing them from travel. Basically, the longer you wait the harder it will be to convince the Department to grant you a 155 visa.

Hi Bill2. The last 887 I lodged was granted in 5 months from lodging, but it was decision ready at the time of lodgement. It is just 7 months now, I would expect that you will hear something soon.

If you meet the requirements for the second stage visa when you lodge the first stage application due to a long term relationship, you need to request to be considered for the permanent visa with the first stage. Otherwise the provisional visa may be granted and you still have to wait 2 years to lodge the second stage.

The TSS visa can be renewed once in the Short Term stream. From 1 March only occupations on the MLTSSL are eligible for a 186 or 187 visa. You can apply for another visa any time while you are here, and you can become the main applicant.

The TSS visa has a pathway to permanent residency through the 186 or 187 visa categories for occupations on the MLTSSL after 3 years working with the same employer (it was 2 years for the 457 Temporary Residence Transition stream but this is changing on 1 March with the new TSS visa category). Your partner would be able to apply for a 489 visa while holding a TSS visa as long as the occupation remains eligible.

Hi Nemesis. No. the 12 month relationship requirement is only for De Facto couples under the legislation. I was referring to the relationship evidence you need to provide as proof of a genuine and continuing relationship. And it is not a cohabitation rule, you must show that your relationship was continuing if you were apart during this time. You do not need to be living together to satisfy the 12 month De Facto requirement.

Hi Joel. Unfortunately being married doesn't count for a lot - you still need to show the amount of evidence as a De Facto couple would (in four different categories). Contact me if you would like more information about relationship evidence. AUD 7000 is a lot of money and you want to get it right the first time, there are no refunds. Also they are planning to change the process for partner visas by introducing an initial sponsor approval application. This would mean that you must be approved as a sponsor before your partner can lodge her visa application. We have not been notified when this will be introduced but we expect it to be sometime this year. It is best to lodge your application as soon as possible to avoid this. The other factor to consider is that if you lodge your application onshore (820 visa), your partner will receive a bridging visa which will allow her to stay during the processing and she will have full work rights.

Introduction The SIV Investment Framework was updated on 1 July 2015, with the purpose of helping to stimulate the Australian economy through investment into the three stages of business – start-up, expansion and maturity. It is aimed at investing capital into innovative Australian businesses and the commercialisation of Australian ideas, research and development. Current Requirements (from 1 July 2015) SIV applicants are required to invest at least $5 million over four years in complying investments, which must include: • Venture Capital and Growth Private Equity Funds – 10 percent (AUD 500,000) • Eligible managed fund(s) or listed investment companies (LICs) that invest in Emerging Companies – 30 percent (AUD 1.5 Million) • Balancing Investment – AUD 3 Million Note that investments in VCPE and Emerging Companies may be for higher amounts than the mandated minimums and up to the full amount of the balancing investment quota. Venture Capital and Growth Private Equity (VCPE) In order to be eligible to take SIV investment, a VCPE fund must be registered under the Early Stage Venture Capital Limited Partnership (ESVCLP) or Venture Capital Limited Partnership (VCLP) programs, operated by the Department of Industry and Science. The mandatory investment of at least AUD 500,000 in an AusIndustry registered fund(s) can be in either ESVCLP or VCLP. VCPE is a form of investment that provides capital to typically new, innovative, start-ups or fast-growing, unlisted, small private companies. This amount is expected to be increased as the market responds. Emerging Companies The mandatory investment of at least AUD 1.5 million is to be made in approved managed funds investing in emerging companies listed on the Australian Stock Exchange (unlisted companies are to be no more than 20% of the fund’s net assets). Up to 10% of the fund’s net assets may be invested in foreign exchange listed companies (eg. New Zealand). Cash is to be no more than 20% of a fund’s net assets. Fund Managers are to have and maintain a minimum AUD 100 Million in firmwide funds under management (FUM) to be eligible to offer a complying fund(s) to applicants. Balancing Investment A ‘balancing investment’ of up to AUD 3 Million is to be made in managed funds that may invest in a range of assets, including Australian Stock Exchange listed companies, Australian corporate bonds or notes, annuities and commercial real estate (subject to the 10 per cent limit on residential real estate). A corporate bond allows a company to raise money from investors to finance business activities. In return for your money, the company issuing the bonds promises to pay you interest at regular intervals and return the money invested on the set maturity date. Corporate bonds generally offer higher returns than cash, government bonds or bank term deposits, but less returns than shares. Making an SIV Complying Investment All SIV investments, by law, must be provided by an Australian Financial Services (AFS) licensed manager domiciled in Australia. Fund managers must be independent of the applicant, the applicant’s spouse or de facto partner, and any associate of the applicant. Before applying for a Significant Investor Visa, applicants need to be nominated by a state or territory government or Austrade. Risk Management Complying investments may carry risk and it is the applicant’s responsibility to evaluate and determine the merit, viability and risk of the proposed investment or business and to verify the reliability, accuracy and completeness of the information gathered. It is highly recommended that you seek migration, legal and financial advice regarding your proposed investment to ensure compliance with all eligibility requirements. Australian Visa Options works closely with Ord Minnett to provide end to end solutions in the financial and legal management of your SIV application. This ensures compliance with the relevant legislation, and minimises the risks to the success of your visa application. More Information You can find more information about the topics mentioned above at the following websites: AusIndustry Program Summary Department of Industry, Innovation and Science www.business.gov.au 188 Business and Investment (Provisional) Visa Department of Home Affairs www.homeaffairs.gov.au Significant and Premium Investor Programs Austrade (Australian Trade and Investment Commission) www.austrade.gov.au Corporate Bonds Australian Securities and Investments Commission (ASIC) www.moneysmart.gov.au Corporate Bonds Australian Stock Exchange www.asx.com.au

Hi Matt. If you are heading over to Australia you may want to apply for an 820 partner visa which is the onshore application, then you will receive a bridging visa which will allow you to stay in Australia during processing. You will also have full work rights while on the bridging visa. Lisa De Leon

It is AUD 43,600. You can check it here under 19j subclause 8. www.homeaffairs.gov.au/Trav/Visa/Fees#tab-content-3

Hi Jo. The DIBP website is ridiculously difficult to interpret when it comes to fees and charges for Parent visas. The following is the total payment for Contributory Parent visas - both if you pay up front or split it across 2 years. Offshore: Total Subclass 143 = AUD 47 295 Total Subclass 173 + subsequent Subclass 143 = AUD 51 365 Onshore: Total Subclass 864 = AUD 47 295 Total Subclass 884 + subsequent Subclass 864 = AUD 52 570 The initial payment on lodgement of a 143 or 864 visa is AUD 3695 (one payment only), followed by a payment of AUD 43 600 per applicant. The second instalment is payable before visa grant. The initial payment on lodgement of an offshore 173 visa is AUD 2490 (one only), followed by a payment of AUD 29 130 for each applicant. Two years later a fee is payable on lodgement of the 143 visa of AUD 325 followed by a 2nd instalment of AUD 19 420 per applicant. The initial payment on lodgement of an onshore 884 visa is AUD 3695 (one only), followed by a payment of AUD 29 130 for each applicant. Two years later a fee is payable on lodgement of the 864 visa of AUD 325 followed by a 2nd instalment of AUD 19 420 per applicant. Hope this helps.