Up to 3 years waiting to get their permanent residency approved!!
This is a true story that many of skilled migrants for General Skilled migration scheme have been waiting for ages just only to get their Permanent Residency and coming back to Australia to work.
Reporting from ABC news, Huang Yiwen has been waiting for her skilled visa 190 Approved for just over two years. As an immigration company, we are having a lot of questions from skilled migrants or Skilled workers about the processing time which is not in line with the information provided by the department of home Affairs.
"I have always taken Australia as my home" Ms Huang said. Back to the time when she was in Adelaide, South AUstralia, she was a part-time teacher for a primary school and has herself lodged application for the 190/491 skilled nominated visa. She returned to China in 2019 and is being stucked in China since then, even when the border is fully open on the 15 December 2021 for fully vaccinated temporary work visa holder. But she does not have her own temporary visa and she is waiting for her Permanent Residency approved to travel back to work in Australia.
The Global Talent Independent Visa is a hot new initiative by the Australian government to encourage highly skilled workers to migrate to Australia. We are seeing great interest in this visa from skilled professionals in Australia and around the world.
If you think you are eligible to apply for a Global Talent Visa, take 5 minutes to complete our free online Global Talent assessment form. Our lawyers and registered migration agents will assess your eligibility and get back to you.
Australian permanent visa processing times can often be more than 12 months, sometimes up to almost 2 years. The GTI visa has one of the fastest processing times of all Australian permanent visas.
At the Law Council's Immigration Law Conference on 20 March 2020, respresentatives from the Department of Home Affairs stated that applications under the GTI program are being given priority processing. Processing times vary from 2 day to 2 months with many being decided in one to two weeks!
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs David Coleman has also signed Ministerial Direction no 85 in November 2019. Direction no. 85 enables the Department of Home Affairs to give priority processing for the Distinguished Talent cohort (subclasses 124 and 858) to “support the responsive processing of applicants that are identified as highly desirable by Government.”
The GTI program uses the Distinguished Talent subclass 858 and subclass 124 visas, but provides a new pathway to these by invitation.
Global Talent Post-Coronavirus
The recent Coronavirus (COVID-19) pandemic has shown how important Australian permanent residency visa status can be for receiving support in difficult times and the right to enter Australia. The GTI program allows for the grant of a permanent visa in what is likely to be the fastest time of any program.
Acting Immigration Minister Alan Tudge has hinted at the potential development of the GTI program as an integral part of the Australian migration program for the 2020-21 migration year, post-pandemic.
The Australian Government is keen to ensure its 5,000 spots are filled in the 2019/20 migration program year, which ends on 30 June 2020, so it is important that you get into the program while you can.
If you are interested in coming to live in Australia and meet the high income threshold, the Global Talent Independent Visa Program is a great opportunity for highly skilled individuals to migrate to Australia. It’s easy to see why the program is so hot right now!
The application process and processing times for the Australian Offshore Partner visa 309/100, Prospective Marriage Visa 300, and Onshore Partner Visa 820/801 can be very long. To be eligible for a Partner Visa you must be legally married to, or in a de facto relationship (common law), with an Australian citizen or permanent resident.
1. Apply for The Right Partner Visa
Although this may seem straightforward it depends on your eligibility and whether there is enough evidence to support the visa application and whether your visa conditions allow you to apply for another visa. Migration Agents can assist in the application process by informing you on the correct Partner, Marriage, or Spousal Visa you should apply for.
There are three types of partner visas that you may be eligible for:
Prospective Marriage Visa (subclass 300)
The Prospective Marriage Visa subclass 300 also known as the Fiancé visa, as it allows a person to come to Australia and marry their fiancé within 9 months of being granted.
You then apply for the combined temporary and permanent partner visa 820/801 in Australia after marriage and within the 9-month period of the visa.
Onshore Partner visa (subclass 820/801)
The Onshore Partner Visa subclass 820/801 is an application for visa applicants to make while they are physically in Australia. Visa applicants must check their current visa conditions to ensure that they are eligible to apply for the Partner visa application as well as providing the minimum criteria
Offshore Partner visa (subclass 309/100)
The Offshore Partner Visa subclass 309/100 is an application for visa applicants who are physically outside of Australia and is granted when the applicant is outside of Australia. Applicant should check other eligibility criteria before applying for the Partner visa application as well as providing the minimum criteria
2. Certified Documents & Translated Into English
The Partner Visa is a combined application for permanent residency. The Department must be satisfied with your identity. Therefore, before you apply for the visa, ensure that you have already had your identity documents certified as true copies and if they are not in English, have the documents translated by an accredited NAATI translator.
3. Meet the Partner Visa Criteria - Demonstrate Good Evidence from Early On
You probably did not think about applying for a partner visa when you first met your soul-mate, but as time goes on, you think to yourself that being separated from each one another is simply not an option. You want to see each other every day for the rest of your lives but demonstrating that your relationship meets the criteria for a Partner Visa is a different story.
Your number one aim is to get a successful partner visa through fast. To do this you need to demonstrate that you and your partner have been together for the period you say. For de facto partner visas, demonstrate that you have lived together for at least 12 months (subject to exemptions). For married couples, you must demonstrate that you have a genuine and continuing relationship from at least the time of marriage or better if you had met and courted each other for a period before marriage. Each relationship should demonstrate a reasonable amount of evidence taken from the beginning of the relationship up to the period of lodgement demonstrating that your relationship is genuine and continuing to the exclusion of all others. You need to meet the definition of De facto or the definition of a Spouse.
What is special about your relationship that the Department should grant the visa without delay?
All relationships are different and unique; there is no doubt that your relationship is genuine and continuing. If you have a hard time demonstrating good evidence from early on, chat to us – we can give you the advice you need to overcome the ambiguity of demonstrating a genuine relationship.
4. Demonstrate You & Your Sponsor Are People of Good Character
You will be required to provide police checks from the country you came from and any other country you have spent 12 months or more in the past 10 years.
You may be thinking that that minor traffic offense does not need to be declared. It does. All applicants are rigorously tested against the Australian Government’s character test. By not declaring any minor infringements with the law you may be providing false and misleading information to the Department that could result in the Partner Visa refusal and a 3-year ban on applying for any further visas in Australia.
If you or your sponsor have convictions, you will need to explain to some degree why you are a person of good character. If you have concerns about your background and whether you need to declare any previous convictions or the impact of your convictions then contact us immediately for a confidential discussion.
5. Update the Department on Your Relationship/ Respond Immediately to Requests for Information
The long processing times illustrate that many Partner Visas are being lodged; this means that your partner application must stand out from the crowd and effectively, make it easy for the case officer to make an assessment. By meeting the minimum criteria in a Partner visa you are ensuring that you have made an application for a valid visa but go one step further and strengthen your application with overwhelming evidence that your relationship is genuine and continuing to the exclusion of all others
6. Demonstrate That You Will Be an Asset to Australia
You are more than your relationship. You have hopes and dreams to build your future not only with your partner but to do so in Australia. What will your contribution be? Perhaps you are a teacher? A nurse or have skills that the Australian economy values. Have you built ties to Australia through community and friendships? Your contribution to Australia can be more than being the life partner of an Australian Citizen or Permanent Resident sponsor.
7. Get Advice Before It Is Too Late
It is never too late to get advice, especially before you lodge the Partner Visa application. Planning for the application is the best way to get your Partner Visa lodged correctly and meeting the criteria for it to be a successful application.
Your circumstances are different from anyone you know, it is not advisable to rely on their experience, particularly if you have a complicated matter. Our Registered Migration Agents supply tailored advice to your circumstances – we have expertise in this area and understand that this highly stressful and daunting situation can cloud your judgment.
How to Put Together a Good Quality Partner Visa Application
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 Partner Visas, Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.
Contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. or +61 8 8351 9956
In 2018, the Australian Government passed the Migration Amendment (Family Violence and Other Measures) Act 2018. This new legislation changes the way partner visas are processed and may significantly prolong the processing times for Partner Visas in Australia. Although the Department has not yet confirmed a start date, the 13th of November 2021 has been suggested and looks like a likely time for the changes to be implemented. So what does this all mean for you and what should you do about it?
Welcome to 2018! The year of 2017 had the most changes and announcements on Immigration Policy that I can remember. Here is our recap of the significant changes to the migration programme for Australia in 2017 and some of the discussions and ongoing developments for 2018.
The Immigration News in 2017 has been dominated by the announcements in April 2017 regarding the 457 and skilled occupation list changes and the proposed changes to Australian Citizenship application requirements.
The planning levels for permanent visas continue to be significant, at 190,000 permanent visas to be granted. The planning levels control the numbers of Australian permanent visas that are granted each year. If application numbers exceed planning levels, expect a longer processing time for your visa application.
I am going to make comments below about news in relation to a wide range of visas including business, skilled, visitor and family visas.
Australia partner visa applications allow an Australian citizen or permanent resident to sponsor a partner from overseas or a partner on a temporary visa in Australia. Partner visas can be lodged offshore (the applicant is not in Australia at the time of application) or onshore (applicant is in Australia at the time of application).
The Director for the Onshore Partner Migration management team has issued a letter announcing new processing arrangements for onshore partner visa application (subclass 820 / 801 /100). The letter states:
This year the Department is facing a particularly difficult resourcing environment with pressure to decrease staff numbers in line with the Government’s wider plans to reduce public sector expenditure. In the Partner Migration programme this is occurring in an environment of continued high application rates, growing pipelines onshore, and significant fraudulent activity.
Updated numbers for occupation ceilings under the SkillSelect Programme!
Every year the Australian migration programme sets an occupation ceiling for each skilled occupation on the Skilled Occupation List (SOL). The occupation ceiling limits the number of invitations (Invitation to Apply) which can be issued to a particular occupation under the SkillSelect programme.
As of 31 March 2017 two groups of occupations have met their respective occupation ceilings and will no longer receive further invitations for this programme year. The two groups of occupations are:
·Other Engineering Professionals (ANZSCO Group 2339)
·Computer Network Professional (ANZSCO Group 2631)
If your nominated occupation is from the ANZSCO Group above, you will not receive an Invitation to Apply (ITA) until the invitation rounds from 1 July 2017 onwards.
The occupation ceilings apply to the subclass 189 Skilled Independent Visa and subclass 489 Skilled Regional Sponsored Visa (Relative) categories. State or Territory Nominated visas (subclass 190 and 489), Employer Sponsored (subclass 457, ENS 186 and RSMS 187) or Business Innovation and Investment visa subclasses are not subject to the occupation ceilings.
Key terms: Visa processing times – citizenship processing times –
The Department of Immigration and Border Protection (DIBP) has announced a new update to the visa processing times for all visa applications. The new schedule of processing times – “Global visa and citizenship processing times”, will be updated monthly and do not include:
·visa subclasses closed to new entrants
·visa subclasses capped and queued
The new visa schedule does not differentiate applications from low-risk or high-risk countries, but instead publishes two different processing times for 75% and 90% of ongoing applications. Here are some of the current processing times listed:
2018 Partner Visa Australian Processing Times For The 801 Visa. Refusals For Partner And Spouse 801 and 820 Visas Increasing. Why Your Partner/Spouse/Family Visa Is Taking A Long Time.
Australia Partner Visas continue to face long processing times and increased scrutiny by the DIBP
A recent query to the Department of Immigration and Border Protection (DIBP) in relation to a 2nd stage Partner visa (subclass 801) application has resulted in the following response:
“The current processing time for Permanent Partner (subclass 801) visas is 12 to 18 months from your eligibility date.”
The processing times for the Temporary Partner (subclass 820) visas are also listed as 12 to 18 months on the DIBP website.
The eligibility date refers to the date you become eligible for processing of the permanent partner visa, which is usually just before two years after you lodged your initial partner visa application. You can find out if you are eligible by using the DIBP Partner (Permanent) Calculator.
This means that a typical partner visa applicant will have to:
wait 12 to 18 months before the temporary partner (subclass 820) visa is granted
wait another 6 to 12 months before you can apply for a permanent partner (subclass 801) visa
wait another 12 to 18 months before you receive your permanent partner (subclass 801) visa
You will only receive a permanent partner (subclass 801) visa after 36 to 42 months’ (3 to 3.5 years) time!
Tougher vetting imposed by Home Affairs Minister Peter Dutton has led migration to plummet to its lowest since 2007. As reported by the Department of Home Affairs, actual intake fell from 183,608 in 2016-2017 to a staggering 162,417 for the 2017-2018 financial year. Read More.
How long does a 457, ENS or RSMS visa take to process?
It has been noted that the processing times for the Temporary Work (Skilled) (subclass 457) visa, Employer Nomination Scheme (ENS) (subclass 186) visa, and the Regional Sponsored Migration Scheme (RSMS) (subclass 187) visa have been getting longer in recent times. While the current Department of Immigration and Border Protection (DIBP) service standards list 2 to 3 months processing time for 75% of applications received, the actual processing times for most cases are around 5 months (based on recently submitted applications and comments by business sponsors and visa applicants in forums).
Why is the processing getting slower?
While there is no official explanation for the delay, the slower processing times might be due to increased screening of applications submitted by sponsors and visa applicants. Since the Independent Review report of the integrity in the Subclass 457 Programme released in September 2014, the Department has been stepping up integrity checks and controls for the majority of applications, especially those with the following characteristics:
high risk occupations such as Café and Restaurant Managers, Customer Service Managers, Project or Programme Administrators, Retail Manager, etc.
the applicant is related to the business owner as a family member or relative
an unusually high salary for a low position to claim English Language Exemption
the business has a low profit or is making a loss, and yet seeks to employ more people
The Department is definitely concerned with the findings of the Independent Review about the integrity of employer sponsors and employee visa applicants for the employer-sponsored visas. In addition to the slower and more meticulous screening of applications submitted, the Department has also introduced related policy such as the “Payment for Visas Conduct”, which prohibits overseas worker to pay businesses in return for sponsorship, or businesses deducting salaries from the sponsored worker to recover sponsorship costs. You can read more about this in our previous article.
Concerns with Genuine Position for Nominated Occupation in 457, ENS and RSMS visa applications
Applications with the above scenarios are likely to be asked for further information by the Department to ensure that the vacant position is genuine and the applicant meets the requirements for the position with the business. Applications that are asked to provide more documents or information will be assessed more thoroughly by the Department and hence there will be a delay to the processing times with the back and forth of submitting information and douments.
The rise in requests to provide further information are also causing assessment officers to spend more time per application, hence affecting applications that are straightforward genuine and complete when submitted.
What does this mean for the business sponsor and visa applicant?
With the expected delays the business sponsor and visa applicant need to consider the extended processing times to avoid any ill effects to the business operations (urgent need for the sponsored worker) or the visa applicant (leaving current employment too early). Additionally the business sponsor and visa applicant need to cross check before submitting the application to ensure all requirements are met for sponsorship, nomination and visa application. A strong application should be prepared with good supporting documents before submitting to the Department for processing.
Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers
While the 457 visa programme has been in the limelight for the wrong reasons and being tightened in recent times, the employer sponsored programme is still an integral part to many businesses in Australia. Australian employers have a genuine need to employ skilled overseas workers to meet business needs to maintain or grow the Australian economy.
With the increased international mobility among skilled workers globally, it is important that the 457 visa programme remains responsive to Australian businesses’ needs and enable efficient operations.
The Department’s commitment to checking and ensuring that the 457 visa applications received are genuine makes sense to avoid abuse of the programme. However the downside of slower processing times may hurt Australian businesses that already show that they genuinely need an employee who has been identified with the right skills and experience to help meet business operational needs. The Department will need to strike a delicate balance between enforcement and delivering a visa application outcome in time for the Australian businesses.
If you have any questions about the 457 visa sponsorship, nomination and visa application, please contact Work Visa Lawyers to ensure your applications are prepared well before applying.
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.
