Always use a Registered Migration Agent. Our agents are Registered with the OMARA - Office of the Migration Agents Registration Authority.
Registered Agents are bound by a Code of Conduct to protect your rights as a client. Principal Migration Agent Emily Surina MARN 2318036 Consumer Guide & Code of Conduct: Consumer guide English (mara.gov.au) | Code of Conduct March 2022 (mara.gov.au) |
Vertical Divider
|
What visas are available to Children?
You would think the answer to this question would be straightforward – the Child Visa! But actually, it’s a little more complicated. This is because there are also the Dependent Child Visa and possibly even a Subsequent Entrant visa that is more appropriate.
So which visa do I apply for?
To determine which visa is the best to apply for, there are a number of questions that need to be asked first:
Age and Dependency
As a parent, and by nature of the family tree – a child is a person who is connected to their parent and will remain this way for all time. But by law, there is an age when a child becomes an adult and has their own identity as such. In Australia it is generally recognized that a child has changed their status to an adult at the age of 18 years. It is at this age that the person is now permitted to hold a full drivers license, drink alcohol legally and vote in elections.
For the purposes of a Child Visa – most applicants will be under the age of 18 years. However, for many 18 year olds, they may not be completely independent from their parents as yet. This is especially true for a child who has continued studying beyond the age of 18 years; seeking further education at trade school or university. They have not entered the workforce as full-time workers and are still dependent on their parents to provide many things for them. Most notably the essentials such as their living arrangements, transport, clothing and meals. The visa criteria does accommodate for this scenario and allows for this category of child to still be eligible to apply for the visa until they are 25 years of age. What about the child who is dependent on their parent for other reasons - not because of being a student?
It is understandable that not all children leave the nest to create their own lives after their studies are complete. This is where the reason for the child’s dependency on their parent is taken into consideration also. The visa criteria also allows for the child that is dependent on their parent due to an ongoing disability. In this case the age and schooling criteria are no longer factored.
The Parents’ Visa or Citizenship StatuS
Not all migration pathways are straight-forward where the family applies for the visa all at the same time. There are times when a parent will lodge for their own visa process without including their child. This could be because there are legal issues still being considered about custody of the child; the child-parent relationship was unknown until later in life; or initially the parent was the only person travelling to Australia temporarily and now wants to be joined by their other family members.
The visa or citizenship status of the parent and at which processing stage will determine which Visa is most suitable. ChildREN VISA OPTIONS1. Child Visa
This is a Permanent Residency visa for a Child that can be applied for within Australia or from overseas. The sponsoring parent must be an Australian citizen, permanent resident or eligible New Zealander.
Why wouldn’t a child who has an Australian parent or Permanent Resident parent be deemed Australian automatically? An example where this is not the case is when a child is born outside of Australia whilst their parent was holding a permanent resident visa. A child can only claim Australian Citizenship by Descent if their parent was an Australia citizen at the time of their birth overseas; or in reverse where a child can only obtain Australian citizenship by birth to permanent resident parents is if they were born in Australia. Other reasons could be that there is no biological connection between the parent and the child such as a step-child or through adoption. 2. Dependent Child Visa
This visa is applied for a child who was not initially included on their parent’s Partner Visa application. The parent will need to have been granted their first stage temporary Partner Visa before they can apply for this child visa. The purpose of this visa is to have the child join their parent in Australia and be added on to the Partner Visa for the second stage permanent residency.
The sponsor to the child will be the same person who sponsored for the Partner Visa, not their actual parent. The child will still need to be under 18 years of age; or if over 18 years of age they will need to show their financial dependency on their actual parent (not the sponsor); or their level of disability. 3. Subsequent Entrant Visa
This visa does not have a specific subclass like those mentioned above. They are reliant on which temporary visa the parent is holding.
Common subsequent entry visas are for the Student Visa; the TSS 482 work sponsored visa and regional 2 stage PR visas such as Regional Employer Sponsor Visa and the Skilled Work Regional visa. Basically, most visas that are temporary will allow for family members to be added afterwards, however the threshold for the age and dependency of the child on their parent will vary.
If you find that your family is separated, it is highly recommended you have a consultation with a registered migration agent to determine your best migration pathway to reuniting you with your children.
We are here to discuss your situation and the best steps forward… Why might the Department Cancel my Visa?
First some statistics:
Last financial year, the Department cancelled just over 15,000 visas for non-character issues. The main reasons for cancellation (pretty obvious if you ask me…) -
Who can cancel my visa?
Only the Department can do this. Even if someone says they will cancel your visa (like a disgruntled employer or ex-partner), the only thing they can do is report the issue and it is up to the Department to take action. Generally, the Department will provide you warning that this is their intention via a letter (Notice of Intention to Consider Cancellation - NOICC) – that’s why you must always provide them with your most recent address and check your emails (especially your junk or spam folder). Saying you didn’t receive the notice will not be an excuse for a non-reply and the cancellation will go ahead regardless.
Notice of Intention to Consider Cancellation (NOICC)
If you receive a NOICC it is best you take immediate action. The Notice will give you the opportunity to reply with your circumstances and reasons why your visa shouldn’t be cancelled.
If you respond to the Notice and the Department accepts your response, you will continue to hold your visa and consider it a warning to come back onto track or depart Australia if you are not able to maintain the conditions or purpose of your visa. Your visa can still be cancelled in the future if you are found to do the wrong things again. If the Department does not accept your response or you fail to respond to them; then you will receive a formal Notice of Cancellation letter and your visa will be cancelled at this time. This will be sent to you either by post, email or given to you in person. The letter will indicate your next steps such as a time period in which you need to depart or seek review of the decision if applicable. You should also look to obtaining a new visa to stay lawful in the country until you have made your next decision. Failure to take action can mean that you could be detained for being in the country unlawfully and placed into immigration detention. what should I do and what else should I know?
Understandably receiving a letter like this will cause you stress, so seeking the right advice and support is essential at this time.
What are Character Issues?
“Character” at a simplistic level is ‘what kind of person are you’? Have you had issues with the law in Australia. If the answer to this is Yes, then there is a section of the migration law that states mandatory cancellation of a granted visa must occur. The basics to fail the Character Test within Australia and so must have your visa cancelled are if you:
Do you want to report someone who is doing the wrong thing?
As mentioned previously, a member of the public can’t cancel a visa, but they can report any suspicious or wrong activity. This is best done online and can be anonymously.
If you have trouble completing the form, you can also call 1800 009 623. Once you have provided the information, you will not be able to make any enquiries or be told of an outcome due to Privacy Laws.
If you are encountering issues with complying with your visa, before you even receive a a letter from the Department, please make contact with us.
Emily was a Status Resolution Team Leader for over 10 years and she will give you the best advise specifically for your case. You may not like what you hear, but you will have peace of mind knowing what your migration future will likely be. Being proactive and having the right information is the key! Contact us today to book your online video consultation! The Working Holiday 462 visa ballotUpdates and more information about the Working Holiday Maker Visa (WHMV) program
There are a number of additional bits and pieces to know about the program that aren’t all that well known. You may come to know about it sitting around a hostel lounge or doing some decent online migration research. Hopefully this information blog helps clear it all up for you…
Does everyone who applies for a working holiday visa have it granted?
This can be a yes or no answer – and that all depends on the country passport you hold and how many people are applying. The Department has put an annual limit or 'cap' on the number of first Work and Holiday (subclass 462) visas that can be granted each financial year (1 July to 30 June).
Once the number of allocated visas for that country has been granted, then the program is closed for that financial year. This means that no more applications can be lodged or granted until the next program year. You can check your country for their visa limits and whether the program is still open for this financial year through this link. New 462 visa ballot for China, Vietnam and IndiA
In the 2024-2025 program year, the Government have decided to implement a new visa pre-application (ballot) process for some high demand Work and Holiday countries.
The new pre-application process will introduce ballots for first Work and Holiday (subclass 462) visa applicants from China, Vietnam and India only. Does the ballot or cap apply to 2nd or 3rd WHM visa applications?
No. It is only for 1st WHM visa applications and only for Chinese, Vietnamese and Indian passport holders.
Once you have been granted the 1st visa, you are open to applying for the 2nd or 3rd visa online through ImmiAccount at any time, provided you meet the requirements. The ballot process
The ballot process will have a $25 AUD registration fee.
This process will mean that there will be a random selection of applicants and everyone will have an equal chance due to the high volume of applicants seeking this great visa… it takes away the “first in, first serve” rush. Once open, registrations will take place through ImmiAccount. Legislation for the fee and ballot process come into effect on Monday 16/09/2024 however ballot registrations for the first Work and Holiday (subclass 462) visa ballots is still to be confirmed. Is the ballot fee included in the visa application fee?
No, the registration fee is $25 AUD is to enter into the ballot only. If you are selected, you will need to ensure that you have all your documents ready to make your application as you will only have a limited time to apply. The full application fee $650 AUD will requirement payment at this time also.
What if I applied for my 1st (or 2nd) Working Holiday (subclass 417) visa using a different nationality passport
If you have obtained your UK citizenship and passport after already being granted the 417 visa with a non-UK passport, that’s still OK. You can apply for the next visas with your new UK passport and you do not need to meet the specified work process. However you can't switch from a 462 to a 417 visa.
Does that mean I can have 3 WHM visas with one non-UK passport, and then another 3 WHM visas using my UK passport?
No – there is a maximum of 3 visas total granted to you – as a person. The passport simply assists you in making further applications without the need to complete the specified work process.
Are you an Australian wanting to do a Working Holiday overseas?
Australians have the opportunity to travel and work overseas in over 40 different programs. Generally, the stay is for up to 12 months and allows for short-term work to supplement your travels along with limited study rights.
You will need to look into each countries program requirements directly – here’s the starting point.
Great Australian Migration is here to assist with all your on and offshore WHM visa applications.
We offer a service to check over your eligible work, hours and location for a minimal fee… or we can take care of the whole application process. Contact us today, we are ready to help you. 'Skills in Demand' Visa… replacing the 482 TSS visa
The current 482 Temporary Skill Shortage (TSS) visa is expected to be stopped with a new Skills in Demand (SID) visa set to replace it.
When is this new 482 visa expected to start?
Per the Migration Strategy this is to come into effect towards the end of 2024. This is only 3-4 months away and still no further information has yet been released about this visa. As this is such an important and vital visa for workers in Australia, I welcome any delays to this release date if it means that the visa will have a better and robust eligibility framework. Perhaps this change would be better commenced toward the new financial year, July 2025?
The New 482 visa will have 3 pathways1. Specialist Pathway:
Recognises highly skilled migrants are hugely beneficial to Australia’s national productivity, including through their support of critical sovereign capabilities and potential to grow the skills and expertise of the Australian workforce. Applicants can be in any occupation except trades workers, machinery operators and drivers, and labourers who are earning at least $135,000 (indexed annually) and no less than Australian workers in the same occupation.
2. Core Skills Pathway:
Designed to bring in the skilled employees Australia needs now and into the future to ensure that we are able to provide ourselves with the goods and services we need to support our way of life. This will include trades workers, machinery operators and drivers, and labourers even if they earn over the $135K.
Applicants will need to meet one of the occupations on the CSOL and will be earning the minimum amount legislated by the Government. As of today it is $73,150 – but will be indexed with the change of financial year. 3. Essential Skills Pathway:
This visa will be sector specific, capped, have minimum standards and embedded with stronger regulation as these skills are in high-demand (such as aged-care workers) however generally not meeting the minimum pay required to meet the Core Skills Pathway.
Will there be changes to the Occupations available for Sponsorship Nomination?
The new occupation list – Core Skills Occupation List (CSOL) – will be the core criteria for the SID visa and will target the core skills Australia’s workforce needs. The CSOL will operate in a similar manner to the current Skilled Occupation Lists (STSOL & MTLSSL) for the 482 TSS visa.
A draft CSOL is being formed based on labour market analysis for ANZSCO Skill Level 1 to 3 occupations. These skill levels have been selected as they (for the most part) meet the objective of ensuring that Australia’s skilled visa addresses Australia’s current, future and emerging workforce needs. Although the list is not set through legislation as yet, there has been a draft proposal showing 3 lists – definitely ON the list; OFF the list; and IN CONSULTATION (so in other words – may be on the list, may be not). Note though that those occupations that are OFF the list, could end up on the list – so don’t organise your migration pathways just yet. Make sure you speak with a registered migration agent who can give you advice and assistance. on the list...
There are over 180 skilled occupations that are already deemed to make it onto the list - some of these are:
off the list...
Some skills are just not seen as necessary (at the moment) as they can be filled by the local market. Some of these are:
still in consultation...
There are an abundance of skills that there is still ongoing decisions to be made. Perhaps this is why we are yet to have any more juicier information about this visa:
There is still much to be considered for this visa, but this is why choosing your area of study and work experience is important. Reviewing this future visa skills list in conjunction with the current list can help you start on the right path. Talk to us if you are looking for more guidance... we are ready to help you!
|
Details
AuthorAs the principal Registered Migration Agent for Great Australian Migration, Emily Surina (MARN 2318036) wants to empower people to make their own migration journey's easier. Hopefully reading this blog will help you feel more in control and with the right support, make your Great Australian Migration a reality! Archives
November 2024
Categories |