3 Immigration Law Updates 2019 – Parents Visa/ Partner Visa/ South Australia

We write this short but comprehensive blog article to update you about some of the important Australian immigration law changes.

1. 5 Year Temporary Parent Visa Announced 

The Australian Minister for Immigration David Coleman announced the commencement of the Sponsored Parent Temporary Visa (Subclass 870).

The Visa will be available parents and step parents of an Australian Citizen, Permanent Resident holder or eligible New Zealand Citizens.

No balance test will be required for the Subclass 870.

The cost will be $5,000 AUD per parent for a three year visa and $10,000 AUD per parent for a 5 year visa.

A holder of a Subclass 870 will not be able to work as part of the visa conditions.

The sponsor will be required to show financial capacity.

It has been reported that the Sponsored Parents Visa is to start from the 17th April 2019.

15,000 quota has been set for July 2019 to June 2020.

2.Partner Visa Processing Changes

The Migration Amendments (Family Violence and Other Measures) Bill 2016 was passed by the lower house on 28th November 2018.

The Bill is aimed at safeguarding vulnerable family members and married partners from violent sponsors.

The result of the the Bill is that sponsorship applications will have to be approved by DHA before partner visa applications can be lodged.

The changes are expected to delay the already long processing times for partner visa applications.

The changes are expected to come into effect in the next few months.

It may be in a prospective applicant’s interest to lodge before the changes are in effect.

3.South Australia Announcements

The South Australian Government has eased requirements for migration to its state.

Some of these include:

Immigration SA will offer state nomination for the Provisional 489 visa to any applicant who:

  • Is a current or former international student residing in South Australia; AND
  • Has resided continually in South Australia since March 2012 or earlier and continues to reside in South Australia; AND
  • Is currently:
    • working in South Australia in any occupation (does not have to be at a skilled level) for at least the last 3 months (minimum of 40 hours per fortnight); OR
    • studying a course with a minimum duration of one academic year in South Australia.

State nomination may be offered to the international students who are “able to obtain a skills assessment where they can meet the high performing graduate settings, even if they do not have experience. However, the work experience waiver requires a minimum grade point average (GPA) of 6.0”.

The chain migration pathway offers access to occupations on the Supplementary Skilled List, but since its introduction, this required a minimum bachelor’s degree or higher. This bachelor’s degree requirement has now been removed, meaning access to a range of trade occupations that are not on the State Nominated Occupation List is now possible for those with eligible family in South Australia.
Written by the team at RSG Lawyers.

Footnotes are available upon request.

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