Immigration Lawyers and Migration Agents

Your Australian Visa Our Focus

Welcome to our Australian Immigration News – December 2023! In this blog, we will discuss the conclusion of Covid concessions, alterations in the Temporary Graduate Visa, positive reforms affecting Partner Visas, the opportunity for permanent residency for 482 and 457 visa holders, the replacement of a top bureaucrat, international student news, and the upcoming Government Implementation Plan.

End of the Covid Concessions

The Covid era for Australian Immigration is officially over. The concessions introduced during the pandemic to address travel challenges and support temporary workers in Australia have concluded as of November 25, 2023. Notably, periods of reduced work due to Covid-19 will no longer count towards meeting work experience requirements for new ENS/RSMS TRT stream nomination applications.

Changes in the Temporary Graduate Visa Program

Starting November 25, 2023, all applications for any stream of the Temporary Graduate Visa program must be lodged in Australia.

Positive Reforms for Partner Visas

Exciting reforms have been introduced for Partner Subclasses 309 and 820 visas. Applicants can now receive grants whether they are inside or outside Australia at the time of visa approval. Moreover, Subclass 309 Partner visa applicants can apply for merits review independently, no longer relying solely on the sponsor. This change enhances accessibility for family violence victims.

PR for 482 and 457 Visa Holders

Individuals holding 482 and 457 visas for at least 2 years may be eligible to apply for permanent residency. Those with occupations listed on the Medium or Short-term Skilled Occupation List can apply for the 186 PR Visa, meeting criteria such as Competent English and being under the age of 45, unless specific narrow exemptions apply. Read more here.

Home Affairs Public Servant Replaced – Michael Pezzullo

The governor-general terminated the appointment of Michael Pezzullo, head of the Department of Home Affairs, due to breaches of the Australian Public Service Code of Conduct. The hope is for a more accessible and efficient standalone Department of Immigration.

End of Indefinite Detention

The High Court's decision in NZYQ brings an end to indefinite detention for those unable to return to their original country of passport. Legislation imposing tough conditions on those released is expected to face a high court challenge.

International Student News

Plans are underway to impose caps and potential taxes on international students, likely in response to housing shortages and a rental crisis. As international education is a key industry, there is expected pushback.

Upcoming Government Implementation Plan

Stay tuned for the awaited release of the Government's implementation plan for migration reforms. The Parkinson report hints at significant changes, including point-based visa reforms, Business Visa changes, and the end of Student Visas needing to meet GTE.

Sources

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1147

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-graduate-485

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1136

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1057

https://www.pm.gov.au/media/secretary-department-home-affairs

https://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2023/37.html

How can Work Visa Lawyers help?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your potential application(s).

Based in Adelaide, South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

The Genuine Temporary Entrant (GTE) is a requirement almost all migrants will have to pass in the process of immigrating to Australia. Failing the GTE requirement can result in a devastating visa refusal. Here is what you need to know about the GTE criteria so you don’t receive a visa refusal notification.

1. What Is The GTE?
2. How To Meet The GTE Criterion?
   1. What Factors Do The DoHA Look At? 
   2. Your Immigration History? 
   3. If You Are A Student
   4. Supporting Your Claims
3. Does Every Visa Have The GTE Criterion? 

What Is The GTE?

GTE is short for Genuine Temporary Entrant. Based on the documents provided by the applicant, the Department of Home Affairs (DHA) will determine whether the applicant has a true purpose of temporary stay and the intention to stay in Australia for the time being. 

The DHA will consider the applicant's background in their home country, the immigration history, the incentive to stay in Australia or return home. If you do receive a GTE visa refusal you may have the option to appeal and review the decision.

How to Meet GTE Criterion?

What Factors Do the DoHA Look At?

DoHA looks at factors which might make you wish to not return to your home country:

• Political or civil unrest
• Military service commitments
• Your financial circumstances in your home country

The DoHA will also look at factors which would encourage you to return home such as, if you have a job back home, and have approved study leave. Another example would be if you have a business or personal assets in your home country, or close family members this may also be considered.

Your Immigration History

DoHA checks your immigration history as well:

• If you have spent a long time in Australia, DoHA may consider that you are seeking to extend your stay in Australia and work here.

• If you have had previous visa refusals/cancellations

• Any previous issues with visa compliance - for example not completing studies on previous student visas, working in excess of work conditions, overstaying your visa

If You Are A Student

Some visas may require more information, take Student visa subclass 500 for example. You will have to provide all the mandatory information but you may also need to explain how the proposed course will assist you in your future career.

If you are requested to provide how the course will assist you, it would be very helpful to:

• Relate the new course to what you have previously studied
• Relate the new course to what you are currently doing in your work
• Relate the new course to your career plan

In your explanation, try to answer the following questions:

• Why you chose Australia to study instead of in your home country?
• Why did you choose the courses?
• What is the value of your course to your future?
• What is your plan after graduation?

One of the more important categories DoHA will question you about is the value of the course to your future. DoHA will consider:

• if the course is consistent with your current level of education
• if the course is relevant to past or proposed future employment in your home country or a third country
• expected salary and other benefits in your home country or a third country with your qualifications from the proposed course

When drafting your GTE statements, it is important that you pay very close attention to all the requirements if you fall under one or more of these categories:

• Student visa applicants over 30 years old
• Applicants who have not completed their studies and need to transfer to another school
• Applicants who have applied for a degree lower than their highest academic level
• People who have applied for a student visa in Australia many times
• Applicants who are not related to the previous education situation

Supporting Your Claims

Evidence documents to support the facts you listed in your statement should be provided at the time of application as well.

For example, if the applicant mentions that his future goal is to return home and open a restaurant, he can explain it in his GTE and prepare a corresponding business plan for opening a restaurant. However, if an applicant only said in his GTE statement, “I applied because I like it very much.” Such claim is not convincing and will not meet the GTE requirements.

Below is a real example of a refusal that a client received before consulting with Work Visa Lawyers.

Please note that it is common for a case officer to call you and ask you questions about your reasons for study in Australia. You may not receive any notice of this, so it is very important that you are prepared to discuss your case.

 Does Every Visa Have the GTE Criterion?

In short, no, but the majority of visas do use GTE requirements. The GTE is important because it applies to all Visitor Visas and some of the Temporary Visas. To put this in perspective, the Australian Bureau of Statistics recorded 780,500 Visitor visa movements in September 2018. Keeping the same amount of movements per month, in a year there would be 9,366,000 Visitor Visa movements. This means that nearly 10 million people would have had to pass the GTE requirements.

Some of the most common Temporary Visas that have the GTE criterion are:

• Student visa subclass 500  Recently released migration system review report has suggested that the GTE criteria for Student visa subclass 500 applications be replaced with something called Genuine student test, which will be focused on assessing whether the student has genuine studying intentions as compared to GTE where focus is on assessing whether the student is coming to Australia on a temporary basis and will not live here permanently.
• Visitor visa subclass 600
• Temporary work visa subclass 400
• Temporary Activity​ subclass 408
• ​Training subclass 407
• Work and Holiday visa subclass 462
• Working holiday subclass 417
• Medical treatment subclass 602
• Short-term stream subclass 482

It is important to remember that the GTE is often not the only criteria you will have to meet. For example, the Short-term stream subclass 482 which replaced the popular subclass 457 recently, has many requirements including IELTS and other skills assessments.

It is also important to show a range of documents to demonstrate an incentive to return home.
These could include:
- Employment to return to in home country.
- Close family ties and responsibilities in the home country - for example, if you are married and your partner is staying in home country during the visit, this is a positive GTE factor.
- Ownership of property or businesses in home country

Do you need help with an Australian visa application?

Lawyers and Registered Migration Agents from Work Visa Lawyers have rich experience in drafting GTE statements. If you need any assistance, please feel free to contact our team.

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications, including state sponsorship applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

Sources

http://www.abs.gov.au/ausstats/[email protected]/mf/3401.0/

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-590/genuine-temporary-entrant

https://www.workvisalawyers.com.au/news/all/australian-visa-refusal-notification-options-for-the-appeal-review-process-tribunal-ministerial-review.html

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-500

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/visitor-600

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-work-400

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-activity-408

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/training-407

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/work-holiday-462

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/work-holiday-417

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-skill-shortage-482

https://www.workvisalawyers.com.au/news/all/top-10-facts-you-need-to-know-about-the-new-482-visa-1.html#Skills

https://www.workvisalawyers.com.au/news/all/ielts-now-offering-computer-delivered-english-tests-for-visa-applicants-in-australia.html

https://www.workvisalawyers.com.au/news/all/skills-assessments-occupation-lists-for-australian-tss-482-and-employer-sponsored-permanent-resident-visas.html

The ACT 190

After several months the ACT 190 nomination program will reopen on 29 November 2018 with a new nomination process.

New Working Holiday Subclass 417/426 Visa Policy Encourages Regional Work, Extends Visa lengths, and Raises Maximum Age For Canadians and Irish

Alan Tudge Speech On Australian Immigration and Regional Visa Policy Aimed to Promote Regional Migration in An Attempt to Solve the Population Problem in Sydney, Melbourne, & Southeast Queensland

The Re-Shuffle & Announcing David Coleman As New Immigration Minister

Prior to the recent spill, Dutton was the Home Affairs Minister as well as the Minister for Immigration and Border Protection. This left Dutton responsible for an extremely large portfolio which included immigration, citizenship, and Australia’s security and intelligence agencies. While Dutton will keep control of the Australian Border Force, the Morrison government has taken a new approach by appointing David Coleman as the Minister for Immigration, Citizenship and Multicultural Affairs.

“David has a keen understanding of the many different backgrounds and the many different issues that need to be managed to ensure that Australians who have come from so many backgrounds get that fair go I spoke of,” (abc) Morrison said when he announced his new team.

This seems like an enormous step in the right direction for the immigration sector as Coleman celebrates diversity and understands the pain of exclusion. Australia has made its “national foundations stronger by allowing more people to build upon them,” (InsideStory) Coleman noted in his inaugural speech to parliament.

What to Expect from the New Minister of Immigration

When anticipating what’s to come it is important to remember that Scott Morrison, having been the treasurer, has previously made comment on the valuable contribution that immigration mikes to the budget. Therefore, there is some hope that the new direction for the immigration portfolio may include revisiting the planning level of 190,000 permanent migrants for the 2019 year. In the 2018 migration year the number of grants was below the planning level at 162,000.

Furthermore, immigration finally has its own dedicated Minister. It is hopeful that the separation of immigration from the Home Affairs Minister may help the long processing times visa applicants are currently seeing. Read more about the current long processing times and low approvals here.

“We need a strong focus on our immigration program so it brings the skills and the harmony and the unity that we want from the program.” (InsideStory) – Scott Morrison on removing immigration from direct responsibility of the home affairs portfolio.

Much is still to be revealed in terms of the direction that the new minister for immigration, my take, there are some significant changes which can already be observed. The first is that the word multiculturalism has made a welcome return to the portfolio. The term multiculturalism has been very useful in promoting tolerance of different cultures and has been embraced by much of the Australian community. It is more welcoming and softer then the combination of home affairs and border protection which have been the main terms used in association with immigration recently.

The second terminology change is that the word immigration has re-emerged as a usable term. Up until recently we were in the awkward position where it was Home Affairs which was in charge of immigration and the word immigration was not anywhere to be found. This lead to mass confusion amongst clients and was generally unnerving giving the feeling that the term immigration is too politically difficult to actually use.

New Regional Visa in Review

According to an article from 29 August in The Australian, a proposed 5-year reginal visa currently in review. The new visa aims to encourage migrants to settle in regional Australia. In fact, the benchmark of the new visa is the requirement that migrants will locate in reginal or capital cities other than Melbourne or Sydney. In the past financial year out of the 112,000 skilled migrants who arrived, 87 per cent had settled permanently in Sydney or Melbourne.

“If the population was distributed more evenly, there would not be the congestion pressures that we have today in Melbourne and Sydney,” (TheAustralian) Mr Tudge told a forum in Melbourne.

This new reginal visa seems to be a healthy alternative to former Prime Minister Tony Abbott’s call for migration intake to be cut to 80,000 a year until infrastructure caught up.

It is believed the new visa class would apply to certain categories of new arrivals under the skilled and family migration program but in some cases could also apply to refugees.

Summary

Prime Minister Scott Morrison re-shuffles cabinet, and removes immigration and citizenship from the Home Affairs portfolio. Morrison hopes this will allow immigration to get the focus the program needs.

Morrisons new direction may help processing times and could include the revisiting of the planning level of 190,000 permanent migrants for the 2019 year. Also, it is hopeful that the inclusion of the words immigration and multiculturalism in the ministerial title will be a sign that there is a more friendly and less militaristic and punitive approach to immigration.

Lastly, there is a new reginal visa that has been proposed and is currently being reviewed. The new visa would allow new arrivals under the skilled and family migration program to come to Australia for 5 years on the basis they do not locate in Melbourne or Sydney.

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

We not own the rights to the picture above and no copyright infringement is intended.

Sources:

http://www.abc.net.au/news/2018-08-26/scott-morrison-announces-new-cabinet-after-julie-bishop-quits/10166300

https://www.smh.com.au/politics/federal/turnbull-to-quit-parliament-as-liberals-race-to-replace-former-prime-minister-20180827-p50047.html

https://www.sbs.com.au/news/peter-dutton-to-retain-border-force-when-immigration-handed-to-new-minister

https://www.sbs.com.au/news/scott-morrison-will-be-the-next-australian-prime-minister

https://www.governmentnews.com.au/pm-changes-incredibly-disruptive-to-progress/

https://www.theguardian.com/australia-news/2018/aug/26/cabinet-reshuffle-full-list-of-scott-morrisons-new-ministry

https://insidestory.org.au/where-to-now-for-immigration-policy/

https://insidestory.org.au/who-is-david-coleman/

https://www.theaustralian.com.au/national-affairs/cities-fix-pms-plan-to-send-migrants-to-regions-for-five-years/news-story/c8573e68a1438295818d5aab9de5471b

Prime Minister Malcolm Turnbulls victory leads to the resignation of Peter Dutton.

In a Liberal party room meeting, Peter Dutton challenged Malcolm Turnbull for the Liberal party leadership, losing 48-35 after the prime minister called a spill. Peter Dutton has resigned from his Cabinet position, and will now sit on the backbench.

"He said to me he doesn't feel he can remain in the Cabinet having challenged me for the leadership of the party, and so he is resigning." – Mr. Turnbull on Mr. Duttons resignation.

Treasurer Scott Morrison will serve as interim Home Affairs Minister “pending other arrangements,” Mr. Turnbull announced. Julie Bishop was also appointed the deputy position after running unopposed.

The narrow victory has left plenty of room for ongoing discussion concerning the possibility of Mr. Dutton of challenging Mr. Turnbull for Prime Minister. This morning’s vote confirms that Mr. Dutton has a significant conservative backing to replace Mr. Turnbull as PM.

We have been urged to expect more resignations, possibly form other frontbenchers, adding to the current but temporary sense of chaos within the government.

What Does This Mean for Australia’s Migrants

Prior to his resignation today, Peter Dutton was the Minister for Home Affairs and The Minister for Immigration and Border Protection. Mr. Dutton has been responsible for a number of changes within Australian migration since being sworn in December 2017, including the tougher vetting procedures we have seen. Click here read more about Mr. Duttons migration impact.

Responsibilities for the position of Minister for Home Affairs and The Minister for Immigration and Border Protection are not limited to but include:

• Overall strategic management of the portfolio, its agencies and budget
• Counter terrorism and organized crime strategy
• Counter espionage and foreign interference
• Migration and refugee/humanitarian programme settings
• Portfolio intelligence arrangements (Including visa risk assessment system)
• Visa cancellations for very serious offenders, national security, and exceptional cases

After winning the vote, Mr. Turnbull resigned as leader at the start of the meeting to prompt a vote to test the support of his opponent. Scott Morrison has been selected to act as interim Minister for Home Affairs and The Minister for Immigration and Border Protection in Mr. Duttons absence.

Mr. Morrison has held the role of Minister for Immigration and Border Protection having previously been appointed in 2013, where he was responsible for implementing Operation Sovereign Boarders.

Keep in mind that this may also lead to more responsibility for Alex Hawke and Alan Tudge. Mr. Hawke has served as the Assistant Minister of Home Affairs since December 2017. Mr. Tudge is the Minister for Citizenship and Multicultural Affairs and has been one of the more active members within the migration sector.

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

Sources

We do not own the rights to the picture above.

https://www.homeaffairs.gov.au/about/corporate/ministers

https://minister.homeaffairs.gov.au/peterdutton/pages/welcome.aspx

http://www.abc.net.au/news/2018-08-21/politics-live-malcolm-turnbull-sees-off-peter-dutton-challenge/10146280

https://www.westernadvocate.com.au/story/5597429/malcolm-turnbull-wins-ballot-in-leadership-spill-julie-bishop-to-retain-deputy/

https://www.theguardian.com/australia-news/2018/aug/21/malcolm-turnbull-survives-leadership-contest-peter-dutton

https://www.theguardian.com/australia-news/malcolm-turnbull

https://www.theguardian.com/australia-news/live/2018/aug/21/liberal-leadership-dutton-turnbull-energy

http://www.abc.net.au/news/2018-08-21/malcolm-turnbull-survives-leadership-challenge-from-peter-dutton/10146574

https://www.news.com.au/national/politics/who-are-the-35-people-who-turned-on-malcolm-turnbull-and-voted-for-peter-dutton/news-story/c9b94f7f10d46e8b955b157668f0650c

https://www.workvisalawyers.com.au/news/all/20-000-less-skilled-rsms-and-partner-visas-granted-due-to-new-integrity-measures-from-australian-immigration-department.html