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Australian Study Requirements – Subclass 485 Visa
Malaysia
While applying for a Temporary Graduate visa may seem simple, there are several requirements that must be met. Read about the experience of Amir from Malaysia and how Migration Affairs assisted him to gain a visa by taking a different approach.
Amir had completed a Bachelor’s degree from an Australian institution. He was given credit for a Diploma previously studied in his home country reducing the course from 3 to 2 years. The first 3 semesters were fulfilled in Australia but then he revisited his home country and studied online. On his return to Australia, he completed his final semester.
However, there was a problem. One of the necessities for the 485 visa is to meet the ‘Australian Study Requirement’. A person is considered to satisfy the Australian study requirement if they have gained a qualification from an Australian educational institution as a result of a course or courses:
that are registered (Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) courses; and
that was completed in a total of at least 16 calendar months; and
that were completed as a result of a total of at least 2 academic years study; and
for which all instruction was conducted in English; and
that the applicant undertook while in Australia as the holder of a visa authorising the applicant to study.
In this instance Amir met the first four requirements but as a result of the semester he spent overseas, he had only spent 1.5 academic years of study in Australia. The COVID-19 concessions did not apply to his situation and consequently, he was not eligible for the 485 Visa.
Migration Affairs explored a different pathway for Amir and we‘re pleased to report that he is now in Australia under an employer sponsored visa.
To find out more on how Migration Affairs can assist you with your needs, contact us.
Relationship Breakdown while on a Partner Visa – Subclass 820/801 Visa
France
Sometimes things don’t work out as planned when organising a visa. Read how Adrienne from France was assisted by Migration Affairs to restore her partner visa status.
Adrienne’s relationship with her original sponsoring partner had broken down and she was now in a new relationship with another partner. The problem was that her original partner visa application was still being processed leaving her on a bridging visa.
If your relationship breaks down while you are on your temporary partner visa or you have applied for a partner visa, there are 3 circumstances when you can still be granted permanent residency
1. If you have experienced family violence from your sponsor during your relationship; or
2. If you have a child of the relationship; or
3. If your sponsor has died.
In this instance the first relationship did not meet any of the above criteria. This meant that Adrienne would have to withdraw the first partner visa application and start again with her second partner as the sponsor.
This is where it became complicated. Adrienne was now on a bridging visa which is not a substantive visa. There are only 28 days to submit a partner visa and she had been on her bridging visa beyond that time. The new partner visa application would have the Schedule 3 issue.
Schedule 3 Criteria
If you are not on a substantive visa (a Bridging Visa is not a substantive visa) at the time of your application, you must demonstrate that there are compelling reasons to waive Schedule 3 criteria. Migration regulations do not prescribe specific examples of ‘compelling reasons.’ Factors that may assist in demonstrating ‘compelling’ reasons are:
• young biological child of the relationship
• Australian sponsor is suffering from severe illness/injury
• an inability to attain regularise your status due to reasons outside your control e.g., severe illness or incapacity
Migration Affairs advised Adrienne that there might be an opportunity to find ways to satisfy Schedule 3 after assessing her circumstance. While the team at Migration Affairs was working on the application and the Schedule 3 submission, Adrienne has announced her good news of pregnancy which helped strengthen her case.
To find out more on how Migration Affairs can assist you with your needs, contact us.
Global Talent Visa Success – Subclass 858 Visa
Chile
In November 2019 the Australian Government opened its Global Talent Program to attract highly skilled and talented individuals to work in Australia. Read how Antonella from Chile was able to overcome obstacles in her work application process thanks to help from Migration Affairs.
Antonella, a qualified obstetrician, was a dependent to a Temporary Skill Shortage Visa (subclass 482) holder in preparation for the Employer Nomination Scheme (subclass 186) visa. Her husband was the main applicant who was being sponsored by his employer.
Unfortunately, their divorce meant that the original employer sponsorship arrangement was no longer recognised for Antonella. She then applied through her current employer, but the process was slow.
When Antonella described her situation to Migration Affairs they suggested she take another pathway to permanent residency, the Global Talent Program.
However, her situation did not exactly meet the criteria for Global Talent – her work was not nationally recognised. To overcome this barrier Migration Affairs assisted her in providing proof of publications, records of employment in Australia, outlining her specific skills set in her field and by collecting supporting statements from colleagues. More importantly, how her skills and expertise would benefit Australia.
Antonella is now happily an Australian permanent resident. She has sped through the fastest processing time ever experienced by Migration Affairs!
To find out more on how Migration Affairs can assist you with your needs, contact us.
Revoking Permanent Residency Cancellation - Administrative Appeals Tribunal - General Division
Australia
When a client is already in detention being held over for deportation, there is great urgency and fear for the detainee and family/friends.
The Minister or a delegate of the Minister can grant, refuse or cancel a visa. The reasons for revoking a visa include but are not limited to:
- non-compliance with visa conditions
- not meeting character requirements
- provision of false information on the visa application
He had been held in various detention centres for several months when in desperation, his family mother contacted Migration Affairs seeking advice and support.
His situation was complex. Born overseas, his mother had brought him to Australia as a baby. He claimed that he always assumed he was an Australian Citizen; however, this point was debatable as a previous notice of intention to consider cancellation (NOIC) had at some stage been issued by the Department of Foreign Affairs.
Initial consultation and assessment via Migration Affairs revealed that this case had several grave matters to defend. Tom had spent time in jail; he was a single man aged 52 and was not employed. Research on similar cases did not lead to optimism. The defence could argue that he was a risk to the Australian community. Not losing hope, the Migration Affairs team decided to contend his case from a perspective not usually taken.
They argued that the impact on the Australian community would be considerable if Tom was removed. Supporting statements and
documents were gathered. Further, a forensic psychological assessment was organised to demonstrate his traumatic upbringing and his associated mental health issues.
A lengthy submission was prepared for the tribunal. The online hearing lasted three days with the Migration Affairs team presenting
arguments to the Member and panel, and questioning witnesses.
When news of the successful outcome was conveyed, Tom and his family were elated! Tears of joy and messages of thanks were shared:
“ I just want to thank you for the time, and
work you put in when representing our son, Tom which resulted in a successful appeal. I feel indebted to you. Words don’t seem adequate enough but thank you so much. I’m absolutely ecstatic, Can’t wait to see him again. “
Tom was immediately released from detention on Christmas Island and settled with his family and friends in an Australian regional location. He is committed to leading a life that adds value to himself and others.
To find out more on how Migration Affairs can assist you with your needs, contact us.
