we-are-one-immigration

Australia relaxes border restrictions

ebony.makwana@weareoneimmigration.com.au (Ebony Makwana) — Mon, 22 Nov 2021 07:57:48 GMT

AUSTRALIA RELAXES BORDER RESTRICTIONS: STUDENTS AND SKILLED MIGRANTS UPDATE!

From 1st December, fully vaccinated eligible visa holders will be allowed to travel to Australia without applying for an Inbound Exemption.

This includes skilled migrants, international students – as well as humanitarian and refugee visa holders.

Prime minister Scott Morrison made the announcements today, Monday 22nd November 2021, almost 2 years after borders closed to the world – and people are getting excited!

What visa subclasses must you hold?

The changes also include a wide range of refugee and humanitarian visas, and the Maritime Crew visa. The department also states additional visa subclasses may be added over time.

Does the department consider me “Fully vaccinated”?

You are considered to be fully vaccinated if you have completed a course of a Therapeutic Goods Administration (TGA) approved or recognised vaccine. According to the department, this includes mixed doses and the following are considered accepted current vaccines and dosages for the purposes of travel:

Two doses at least 14 days apart of:
AstraZeneca Vaxzevria
AstraZeneca Covishield
Pfizer/Biontech Comirnaty
Moderna Spikevax
Sinovac Coronavac
Bharat Biotech Covaxin
Sinopharm BBIBP-CorV (for 18-60 year olds).
Or one dose of:
Johnson & Johnson/ Janssen-Cilag COVID Vaccine.

Those who are medically exempt from being able to have the vaccine or are under 12 years of age can also travel according to the Department.

If I hold one of the above visas, and are considered fully vaccinated, do I still need to undergo Hotel Quarantine?

Quarantine rules are determined by each independent state and territory. Before travelling, you should confirm the hotel quarantine requirements for the state you intend to enter.

In short, travellers returning to Australia and entering or travelling between between NSW, Victoria and the ACT may do so without quarantining.

Do I still need an inbound exemption if I hold one of the above visas?

If you hold one of the above visas, and are considered fully vaccinated, the answer is No – you do not need to apply for an Inbound Exemption. You can, after much awaited anticipation, travel to Australia on the first available flight from 1st December 2021.

You may still need an inbound exemption if:

You are not fully vaccinated with one of the above TGA approved or recognised vaccines
If you are fully vaccinated but do not hold one of the above visa subclasses
If you have applied for one of the above visas, but it is not yet granted

What if I have an inbound exemption and hold an eligible visa but are not ‘fully vaccinated'?

If you have been granted an inbound exemption to enter Australia and hold an eligible visa, but are not considered fully vaccinated, you can still enter Australia! You may however need to undergo hotel quarantine, and flights may be difficult due to still being subject to flight caps.

I hold a subclass 300, do I still need to wait 12 months from first applying before I can enter Australia?

If you hold a Subclass 300 visa, you no longer have to wait until 12 months have passed since you first applied for it (as previously required). You can travel to Australia from the 1st of December without obtaining an exemption.

I hold one of the listed skilled migration visas, do I still have to prove I work in a critical industry and get an exemption?

No, provided you hold the above named visa and are considered fully vaccinated, you no longer need an exemption or prove what industry you work in to be able to travel to Australia.

I have applied for one of the above visas, can I now expect it to be granted soon?

Only time will tell, however, now that obtaining an inbound exemption is no longer required for the above visas, we do expect to see a reduction in processing times for specified visas, such as Work and Holiday and Graduate visas. We are mindful that the department will have a significant backlog of visas to process – so applicants may still need to wait some time. There is of course, always the risk the department will refuse a visa for various reasons, so its time to ensure any existing application meets the required criteria.

Still have questions?

Reach out to one of our specialists who can help answer any questions you may have. We look forward to your arrival, and for those not included in the above and still waiting for news you can travel without an exemption, we will keep you informed as to any further updates.

Sources:

https://covid19.homeaffairs.gov.au/vaccinated-travellers#toc-7

https://www.australia.gov.au/states

3 New Skilled Visa Subclasses Soon Exempt from Section 48 Bar

Wed, 03 Nov 2021 02:45:01 GMT

If you have had a visa refused or cancelled in Australia, you may be affected by Section 48 of the Migration Act 1958 (Cth).

This section prevents certain applicants who have had a visa refused or cancelled in Australia from applying for a further visa from within the country. There are however some visa subclasses which are exempt from the s48 bar. This means that persons affected by an s48 bar can still apply for those prescribed visa subclasses.

Until now, there were no visas in the skilled visa category persons affected by Section 48 bar were able to apply for.

This is set to change from the 13 ^th November 2021 when 3 new visa subclasses will be added to the prescribed list.

Skilled Nominated visa (subclass 190)
Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)
Skilled Work Regional (Provisional) visa (subclass 491)

This is welcome news for persons onshore affected by Section 48 who were prevented from applying for the above 3 visas, even though they may otherwise be eligible. The COVID-19 pandemic and hard border closure stance taken by the Federal government has prevented Australia from being able to fill critical skills gaps in our market, and this is likely to be one of the key contributing factors in expanding the list of exempt visas to include a number of skilled work visas.

While this will bring some much needed relief to so many onshore prospective applicants, those wishing to apply for the Subclass 189 or Subclass 186 will unfortunately have to find alternative options, with those visa subclasses remaining impacted by Section 48.

If you are wishing to apply for the Subclass 190, 494 or 491, or are seeking to identify an alternative pathway to permanent residency, contact us today to discuss how we can assist. We Are One Immigration Services is located in Ballarat, Regional Victoria – and assist applicants and employers locally, nationally and globally.

PM Announces changes to Australias International Travel Restrictions

ebony.makwana@weareoneimmigration.com.au (Ebony Makwana) — Fri, 01 Oct 2021 04:58:54 GMT

PM announces changes to Australia's International Border Restrictions, Quarantine Arrangements and Flight Caps

In a Joint Media statement, Prime Minster Scott Morrison has announced changes to international travel over the coming months.

With vaccination rates edging closer to 70 per cent double vaccination in some jurisdictions over the next week, the government is finalising plans for Australian families to be reunited.

For Australian Citizens and Permanent Residents

Once home quarantine pilots in New South Wales and South Australia are complete, it is anticipated states and territories will be ready to roll out:

7-day home quarantine for Australian citizens and Permanent Residents who are fully vaccinated with a Therapeutic Goods Administration (TGA Approved Vaccine). Travel caps for this cohort will be removed.

14-day Hotel quarantine and travel caps will remain for anyone who is not double vaccinated with a vaccine approved or recognised by the TGA.

Exemptions for those who are unable to be vaccinated due to age or a medical condition will be treated the same as those who are fully vaccinated.

While the system is set to commence in November, the above program may occur at different times for different states and territories based on their individual vaccination rates.

Recognition of Covishield/Coronavac, Quarantine-Free Travel and Vaccination proof:

In addition, the following has been announced to support the opening of restrictions:

Quarantine free travel for certain countries, such as New Zealand, will be considered when it is safe to do so. While there was no specific mention of other countries, it is expected these will be named as and when agreements are under consideration.

Testing is expected to continue to be required for international travel.

Internationally recognised proof of vaccination will be accessible to Australians travelling abroad via a globally accepted QR Code.

To assist the large number of Australians who can return, flights into any state or territory that agrees to 7-day home quarantine will be facilitated.

The TGA has published its initial assessment of the data on the protection offered by common vaccines around the world – particularly in India and Asia.

The TGA are set to ‘recognise’ a number of these vaccines, including Coronavac (Sinovac) and Covishield (AstraZeneca/Serum Institute of India).

What does this mean for non-Australian Citizens and Permanent Residences?

Much to the dissappointment of students, skilled migrants, and those desperate to reunite with the Australian partners, children and families, the joint statement released did not mention travel changes for non Australian Citizens/Permanent Residents.

In a press conference today, 01 OCT 2021, Prime Minister Morrison verbally stated that it is expected students and skilled migrants will take next priority, and can look forward to travelling to Australia ‘next year’. Exactly when remains to be seen, however we do anticipate announcements in the coming months.

While the above may not be the welcome news many temporary visa holders and prospective applicants had hoped for, it is a step forward in Australia’s National Plan to Get Australia back to normal. We look forward to bringing you more good news over the coming months, and seeing so many of you being able to move forward with your life in Australia.

Source: Joint media statement – Next Steps to Reopen to the World

Four Pillars: Evidence of a Genuine and Continuing Relationship

Wed, 22 Sep 2021 01:24:24 GMT

THE FOUR PILLARS OF RELATIONSHIP EVIDENCE

When applying for a Partner Visa, you must provide evidence that your relationship with your spouse or de facto partner is 'genuine and continuing' and that you are committed to a 'shared life to the exclusion of all others'. As part of the assessment process, the Department of Home Affairs (the Department) will review certain aspects of your relationship, commonly known as “the four pillars”

The four pillars the department will assess are the financial aspects of your relationship, the nature of your household, the Social aspects of your relationship, and the nature of your commitment to each other.

So lets dive in and take a closer look at these four pillars.

FINANCIAL ASPECTS OF YOUR RELATIONSHIP

In assessing the financial aspects of your relationship, the Department will look at how you manage your finances as a couple. Examples of strong evidence include having a joint bank account used for daily spending or having each other listed as additional card holders on a credit card account. But it can also be helpful to show how you divide expenses; perhaps rental costs come out of one bank account while utility bills come out of the other. Or it could be that while one of you pay for flights, the other pays for the accommodation when you travel together.

It may be difficult to show that you share finances as a couple if one of you is overseas, you’ve spent a signigicant portion of your relationship as long distance, or are still living apart.

THE NATURE OF YOUR HOUSEHOLD

Strong evidence can include sharing a lease, and having mail sent to both of you at a shared address. We can also look at this pillar like a 'day in the life of'. When you think about what a regular day or week looks like for you and your partner, you start to understand how your household runs. Perhaps one of you cooks, takes the children to school and keeps the garden under control.

Perhaps your partner is the tidy one who likes to make sure all the beds are made in the morning and everything is in its place.

Who takes the bins out? Who checks and sorts the incoming mail and household bills? Are there things you both prefer to do together such as grocery shopping or taking pets to their vet visits? This can also be a good opportunity to talk about how COVID has changed the dynamics of your household.

SOCIAL ASPECTS OF YOUR RELATIONSHIP

Globe-trotting adventurous couples who have an abundance of social media posts, photos, travel tickets and are invited to family gatherings every other week likely have this pillar sorted! But if you don't have social media accounts, are camera shy, or don't like to leave the comfort of your own home often, you will still likely have some evidence in the social arena.

Perhaps you are both members of the same gym, social or gaming club or have a hidden web of online gaming evidence you probably haven't thought of. Simple things such as texts to your family and friends where you talk about your relationship can all go towards your social evidence. And remember, you will need to call on a few friends, family members and colleagues to write witness statements in support of your application.

Ultimately, the department wants to see your relationship is known to your family and friends, and you are socially accepted as being in a genuine relationship.

THE NATURE OF YOUR COMMITMENT

This pillar looks at your commitment to one another. If you have spent time apart, its important to show how you have maintained contact with your partner – your chat logs, phone calls, emails and other forms of communication can all evidence this.

You can also show your commitment to one another in other ways. Perhaps you're engaged, married, or planning a wedding, have children, or you have pets. You may have even tried to learn your partners language and culture. If you've been through any rough patches, it can also be good evidence to show how you've supported each other through these times.

If you are not married, you may choose to register your relationship with the relevant state or territory. This not only removes the need to prove your de facto relationship has existed for at least 12 months, but will also act as evidence of your commitment to each other.

So what if you don't have a joint bank account or own shared assets? Perhaps you both enjoy your privacy and don't have social media accounts or go out a lot with friends? And maybe you have been in a long-distance relationship which means you don't have a lot of household evidence. Its important to look at all areas of your relationship and understand where your strengths are.

HOW ARE ALL FOUR PILLARS ASSESSED?

Lacking evidence (or even having no evidence) in one or more pillars is not an automatic reason for refusal. Its natural for couples to be stronger in some areas than they are in others. Think of the pillars as a set of scales. Having very strong evidence in 3 pillars can outweigh the fact you are weak in the remaining pillar.

This means if you do not have a joint bank account or any assets, and do not have a lot of finance evidence, you may still be eligible for the partner visa if you have alot of commitment, social and household evidence. Likewise, if you have spent significant periods apart or have not lived together, you may still be eligible if you have strong finances, social and household evidence.

But if you are lacking in one or more areas, it is essential you get advice from a Registered Migration Agent who understands how department policy guidelines are used by the decision makers in assessing the four pillars.

HOW MUCH EVIDENCE IS ENOUGH?

There is no easy answer. Every relationship is unique and every application is assessed individually.

If there are areas where you feel you lack evidence, now is the time to strategise how you can strengthen them. This doesn't mean doing things that you’re not comfortable with or that don't fit within the realms of your relationship simply to get your visa.

We encourage couples to have a good balance of evidence across all of the pillars. If you’re not sure how to strengthen your evidence, or are concerned you may not have enough, get in touch. We can help assess your overall prospects of a successful outcome and help you devise a plan to increase your chances of your visa being granted.

The Federal Government announce big changes to Partner Visas in 2021

Wed, 30 Jun 2021 04:36:30 GMT

The Federal Government has announced new partner visa changes that will take effect towards the end of 2021. These changes impact the sponsorship element of the partner visa and introduce never before seen English Language requirements for visa applicants.

Sponsorship Approval before visa application lodgement

Sponsors wishing to sponsor their spouse or partner for a partner visa will soon need to apply and be approved for sponsorship before the applicant can lodge their visa.

These changes will require Australian citizens, Permanent Residents and Eligible New Zealand Citizens to undergo a police check. Any adverse results will need to be released to their spouse or partner before their sponsorship is approved.

Lodging a sponsorship application is assumed to come at a cost, and will possibly extend overall partner visa processing times. While processing times for the sponsorship approval are unclear, the Federal Government expects approximately six weeks. This will likely impact applicants whose current visa is set to expire and cannot lodge the partner visa application due to there being no sponsorship approved. They will either need to leave Australia to lodge an offshore application or apply for another substantive visa to remain in Australia long enough to lodge their onshore application.

English language requirements for applicants

New changes will also require partner visa applicants to show they have a functional level of English or have made a reasonable attempt to learn English to be eligible for the permanent stage partner visa. The Federal Government claim these changes will assist new migrants to fully participate in Australian culture and assist them in communicating with important organisations such as emergency services and being confident to seek help if they are the victim of a crime, including domestic violence.

Free English language classes will be available through the Adult Migration English Program (AMEP) to study English while applicants are waiting to be eligible for the permanent stage of their visa.

If you are considering applying for a partner visa and are concerned about how these changes impact you, our registered migration agents can help.