Australian Immigration Lawyers Sydney Burwood

Subclass 309/100 Partner Visa (Offshore)

ABOUT THIS VISA

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This 2-stage visa allows partners of Australian citizens, permanent residents or eligible New Zealand citizens to permanently live in Australia. For this visa, you apply for the temporary Partner (Provisional) Visa (Subclass 309) and Partner (Permanent) Visa (Subclass 100) visa at the same time. You apply for this visa if you are NOT in Australia.

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PARTNER (PROVISIONAL) VISA (SUBCLASS 309)

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The Partner (Provisional) Visa (Subclass 309) The first stage of this visa allows a de facto or spouse live temporarily in Australia temporarily with their partner. You must be outside Australia when you apply and the visa is granted. Getting this visa is the first step towards a permanent Partner (Permanent) Visa (Subclass 100). It allows you to stay in Australia temporarily until the Australian government has decided on the outcome of the permanent stage Partner (Permanent) Visa (Subclass 100) of the visa. This visa currently costs $8850AUD and has a typical processing time of between 14 - 20 months.

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To be eligible for this visa, you will need to be:

• Outside      Australia at the time of applying.
• Be in a      genuine relationship with an Australian citizen, permanent resident or      eligible NZ citizen who is willing to sponsor you.
• Over 18      years of age (except in particular circumstances)
• Meet the      character requirements.
• Have no      outstanding debts to the Australian government.
• NOT had a      visa cancelled or application refused.
• Meet the      requirements for a "de facto" partner, if you are not married.

PARTNER (PERMANENT) VISA (SUBCLASS 100)

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This is the second stage of the visa application process. This permanent visa is granted to people who hold a Partner (Provisional) Visa (Subclass 309) visa and who are still in an ongoing relationship with their partner who sponsored them for the Partner (Provisional) Visa (Subclass 309) visa. It lets you stay, work and study in Australia and live here indefinitely, sponsor eligible family members, and in time apply for Australian citizenship. There is no cost for this visa as costs were covered when you applied for the Partner (Provisional) Visa (Subclass 309) visa.

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SPONSOR REQUIREMENTS

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Sponsors are required to provide the visa applicant (their partner) with accommodation, financial support and other support such as child care etc. To be a sponsor you will need to be an Australian citizen, Permanent Resident or eligible NZ citizen. You need to be in a genuine relationship such as marriage or de facto partner with the visa applicant and be over 18 years of age.

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DIFFERENT BETWEEN THE PARTNER (PROVISIONAL) VISA (SUBCLASS 309) & PARTNER (PERMANENT) VISA (SUBCLASS 100)

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The main differences between these two visas is that the Partner (Provisional) Visa (Subclass 309) is temporary and allows you to live in Australia for a certain period of time where the Partner (Permanent) Visa (Subclass 100) is a visa that allows you to live in Australia permanently. The Partner (Provisional) Visa (Subclass 309) is the first step of getting the Partner (Permanent) Visa (Subclass 100).

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WHO IS THIS VISA SUITABLE FOR

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This visa is suitable for for those who are legally married, intend to get married (but one partner is overseas) or have been in a defacto relationship for 12 months immediately prior to the visa application. This visa may also be suitable for people who have met online or having a long distance relationship with an Australian provided they are legally married or can meet the requirements of a "de facto" relationship.

​OTHER IMPORTANT POINTS TO NOTE

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You only pay a single charge for this visa however the application for both visas is processed in two stages. Stage 1 is for the Partner (Provisional) Visa (Subclass 309) which allows you to temporarily live in Australia. After two years, you can be inside or outside Australia when you apply for the Stage 2 Partner (Permanent) Visa (Subclass 100). You must be outside Australia when you apply for this visa. This visa is primarily designed for partners of Australian citizens, permanent residents or eligible NZ citizens who are currently OUTSIDE Australia looking to move to Australia to live with their partner.

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1. Temporary Skill Shortage visa (subclass 482)
2. Employer Nomination Scheme (subclass 186)
3. Skilled Independent visa (subclass 189) 
4. Skilled Nominated visa (subclass 190) 
5. Skilled Work Regional (Provisional) visa (subclass 491)
6. Skilled Employer Sponsored Regional (provisional) visa (subclass 494)
7. Permanent Residence (Skilled Regional) visa (subclass 191)
8. Temporary Graduate visa (subclass 485)
9. Temporary Activity visa (subclass 408)
10. Temporary Work (Short Stay Specialist) visa (subclass 400)
11. Global Talent visa (subclass 858)

• Skilled Independent (subclass 189) visa – no nomination needed.
• Skilled Nominated (subclass 190) visa – requires nomination by a state or territory government.
• Skilled Work Regional (Provisional) (subclass 491) visa – requires nomination by a state or territory government or sponsorship by an eligible relative.
• The Skilled Independent (subclass 189) and Skilled Nominated (subclass 190) visas grant permanent residency. If you opt for the Skilled Work Regional (Provisional) (subclass 491) visa, you are eligible to pursue permanent residency after three years.

Before submitting your EOI, you must ensure that:

• Your occupation is listed on the skilled occupation list, which varies with different visas.
• You meet the minimum points score of 65, calculable through the points calculator.
• You have secured an evaluation of your professional qualifications by an authorized Australian assessment authority, to verify your skills and credentials.
• You meet the competent English requirements. ( If your application includes your partner or any dependent children over the age of 18, they must also demonstrate at least functional English).
• 
  

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Book an appointment with VISAS TO AUSTRALIA today by calling us on 

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1.  BUSINESS INNOVATION STREAM VISA SUBCLASS 188A)
2.  SIGNIFICANT INVESTOR STREAM VISA(SUBCLASS 188C)
3. SIGNIFICANT INVESTOR STREAM VISA
   (SUBCLASS 188C)
4.  PREMIUM INVESTOR STREAM VISA (SUBCLASS 188D)
5.  ENTREPRENEUR STREAM VISA (SUBCLASS 188E)

Business Innovation and Investment (Provisional) Visa (Subclass 188) 

This is a temporary visa for successful business innovators and investors who intend to: 

• Start a business, operate an existing one, or invest in a business in Australia.
• Contribute to the country’s economic development.
• Capitalise on Australia’s highly desirable and economically prosperous environment.

• Demonstrated experience and success in business or investments.
• A genuine intent to actively manage or invest in a business in Australia.
• Securing a nomination from an Australian state government or Austrade after submitting an Expression of Interest through SkillSelect.

• Business Innovation Stream: Tailored for experienced business owners wishing to start or expand businesses in Australia with the endorsement of a state government.
• Investor Stream: Designed for medium-scale investors willing to invest a minimum of AUD $1.5 million with the support of a state government.
• Significant Investor Stream: Catered to those investing AUD $5 million, with the endorsement of a state or Austrade.
• Premium Investor Stream: Exclusively for grand-scale AUD $15 million projects that have garnered the endorsement of Austrade.

Holding this visa is the first stage before becoming eligible to qualify for a Business Innovation and Investment (Permanent) visa (subclass 888).

The journey begins with the submission of an Expression of Interest via SkillSelect. Post this, obtaining a nomination from either a state government or Austrade is crucial. Once these prerequisites are fulfilled, you can proceed with the visa application.

The processing timeline for the Subclass 188 Visa typically ranges between 8 and 9 months, contingent on the strength of the application and alignment with the visa’s prerequisites.

This permanent visa is granted after meeting the conditions of the provisional visa. It gives residents indefinite rights to continue their business operations in Australia. Obtaining the provisional visa first is a required stepping stone toward eligibility for the permanent Visa. 

• Unlimited rights to live, work, and conduct business in Australia.
• Opportunity to contribute further to Australia’s economic landscape and consolidate one’s business or investment standing.
• Access to all benefits and privileges that come with permanent residency, including healthcare and educational opportunities.

To pursue the Subclass 888 Visa, one must first hold the provisional Business Innovation and Investment visa and satisfy its conditions. Only after fulfilling these prerequisites can an individual apply for the permanent Subclass 888 Visa, showcasing their achievements and commitment to Australia’s economic progress.

The processing time for the Subclass 888 Visa can vary depending on various factors, including the applicant’s adherence to the requirements and the comprehensive nature of the provided documentation. However, having a well-prepared application, backed by substantial evidence of fulfilling the provisional visa’s conditions, can expedite the process.

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• Prospective Marriage visa (subclass 300)
• Partner (Provisional and Migrant) visa (subclass 309 100)
• Partner visa (subclass 820 801)
• New Zealand Citizen Family Relationship (temporary) visa (subclass 461)
• Parent visa (subclass 103) 
• Aged Parent visa (subclass 804)
• Contributory Parent (Temporary) visa (subclass 173)
• Contributory Parent visa (subclass 143)
• Contributory Aged Parent (Temporary) visa (subclass 884)
• Contributory Aged Parent visa (subclass 864)
• Sponsored Parent (Temporary) visa (subclass 870)
• Child visa (subclass 101)
• Child visa (subclass 802)
• Dependent Child visa (subclass 445)
• Adoption visa (subclass 102)
• Carer visa (subclass 836)
• Carer visa (subclass 116)

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BOOK AN APPOINTMENT TODAY

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Book an appointment with VISAS TO AUSTRALIA today by calling us on 

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Subclass 820

Partner visa (Temporary)

This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia temporarily. Getting this visa is the first step towards a permanent Partner visa (subclass 801).

· ​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​This is a temporary visa

· This leads directly to the permanent Partner visa

· You must be in Australia when you apply

 

Stay

Temporarily until your permanent Partner visa (subclass 801) application is finalised or you withdraw your application.

Cost

From AUD8,850.00 for most applicants.

From AUD1,475 for Prospective Marriage visa (subclass 300) holders. 

Processing Time

For an indication of processing times for this visa, use the visa processing time guide tool. This will show the processing times for recently decided applications. It is a guide only and not specific to your application.

To convey a realistic processing time for on-hand and new applications, processing time data does not include applications previously impacted by Ministerial Direction 80. Applicants impacted by this now superseded Ministerial Direction have been individually contacted and their applications are now being processed.

Details Subclass 801

Partner visa (Permanent)

This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia permanently. It is usually only for people who currently hold a temporary Partner visa (subclass 820).

· ​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​This is a permanent visa

· You must hold a temporary Partner visa (subclass 820)

Stay

Permanently.

Cost

You paid for this visa when you made your combined application for the temporary and permanent partner visas.

Processing Time

For an indication of processing times for this visa, use the visa processing time guide tool. This will show the processing times for recently decided applications. It is a guide only and not specific to your application.

To convey a realistic processing time for on-hand and new applications, processing time data does not include applications previously impacted by Ministerial Direction 80. Applicants impacted by this now superseded Ministerial Direction have been individually contacted and their applications are now being processed.

The processing time for a permanent Partner visa starts from the date of eligibility. This is 2 years after you applied for the combined temporary and permanent partner visas.

We update processing times regularly. We assess all applications on a case by case basis. Complex cases may take longer to process. You should use published processing times as a guideline only. You cannot influence these timeframes.

Your application can take longer to process if:

· you do not fill it in correctly

· you don't include all required documents or we need more information from you

· it takes time to verify your information.

Contact AUSTRALIAN VISA EXPERTS to help you apply for this visa.

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BOOK AN APPOINTMENT TODAY

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Book an appointment with VISAS TO AUSTRALIA today by calling us on 

(02) 9715 4739 or send us an email info@kjvlawyers.com.au

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Australian Immigration Law Services

Student Visa

Subclass 500

The applicant who wants to apply for a student visa must:

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• be enrolled in a course of study in Australia;
• hold Overseas Student Health Cover (OSHC), or fall in one of the exemption         categories;
• must be 6 years or older;
• if the applicant is under 18, welfare arrangement must be provided;
• have sufficient fund to finance his/her school fees and living expenses;
• be a genuine temporary entrant; 
• if aged 16 and over, meet character requirements;
• meet health requirements; and
• may need to meet English requirements  

The student visa holder can only work up to 40 hours in a fortnight. A fortnight means the period of 14 days starting on a Monday. The member of the family unit of a primary student visa holder, must not work in Australia until the primary visa holder started his course. Family members of students studying a masters or a doctorate degree can work unrestricted hours once the primary student visa holder has started his course.

New funds evidence for Australia student visa as from 1 October 2023

The Australian government has announced new requirements for funds evidence for student visa applications from 1 October 2023. The new requirements are designed to ensure that international students have sufficient financial resources to support themselves during their stay in Australia.

Summary of new funds evidence requirements for student visa applications from 1 October 2023

Regulated students and streamlined students who are asked to provide funds by a case officer:

• Primary applicant: AUD      24,505
• Spouse: AUD 8,574      (35%)
• Child: AUD 3,670 (15%)
• School fees
• Course fees for the      first 12 months less any fees already paid
• Travel expenses

Steps to check if you need to provide funds:

1. Use the Document      Checklist tool on the Immigration website to check if you are required to      provide financial evidence: https://immi.homeaffairs.gov.au/visas/web-evidentiary-tool
2. If you are required to      provide financial evidence, you are a regulated student and you must      provide evidence of funds as calculated above.
3. If you are not      required to provide financial evidence, you are a streamlined student.
4. However, a case      officer may still ask you to provide funds, even if you are a streamlined      student. If this happens, you must provide evidence of funds as calculated      above.

Acceptable sources of funds:

• Bank statements
• Bank certificates
• Bank fixed deposits
• Education loans
• Business loans (if      evidence of disbursement is provided)

What is the new funds evidence requirement for Australia student visa?

From 1 October 2023, student visa applicants will need to show that they have at least AUD 24,505 in savings to cover their annual living expenses in Australia. This is an increase from the current requirement of AUD 21,041.

What are the acceptable sources of funds for student visa funds evidence?

The following sources of funds are acceptable for student visa funds evidence:

• Bank statements      showing that you have at least AUD 24,505 in savings in      your own name or in the name of your parents or guardians.
• Scholarship or      sponsorship letters from recognized organizations.
• Letters from your      parents or guardians stating that they will support you financially while      you are in Australia.
• Evidence of employment      income, such as pay slips or tax returns.
• Evidence of other      assets, such as property or investments.

What documents do I need to submit as proof of funds?

The specific documents that you need to submit will vary depending on your individual circumstances. However, you will typically need to submit the following:

• A bank statement      showing that you have at least AUD 24,505 in savings in your own name or      in the name of your parents or guardians.
• If you are sponsored      by a scholarship or organization, you will need to submit a copy of the      scholarship or sponsorship letter.
• If your parents or      guardians are supporting you financially, you will need to submit a letter      from them stating that they will support you financially while you are in      Australia.
• If you have employment      income, you will need to submit pay slips or tax returns for the past six      months.
• If you have other      assets, such as property or investments, you will need to submit evidence      of this.

How do I submit my funds evidence?

You will need to submit your funds evidence with your student visa application. You can do this online through the ImmiAccount website or by mail.

What happens if I do not meet the new funds evidence requirement?

If you do not meet the new funds evidence requirement, your student visa application may be refused. You may be able to appeal the decision, but you will need to provide additional evidence to support your appeal.

Tips for submitting strong funds evidence

Here are some tips for submitting strong funds evidence for your student visa application:

• Make sure that your      funds evidence is recent. The Australian government recommends that you      submit funds evidence that is no more than six months old.
• If you are submitting      bank statements, make sure that they show a consistent pattern of savings.
• If you are submitting      a scholarship or sponsorship letter, make sure that it is from a      recognized organization.
• If you are submitting      a letter from your parents or guardians, make sure that it is on their      official letterhead and that it is signed by both parents or guardians.
• If you are submitting      pay slips or tax returns, make sure that they are from a legitimate      employer.
• If you are submitting      evidence of other assets, such as property or investments, make sure that      it is accurate and up-to-date.

If you are unsure about whether you need to provide funds for your student visa application, or if you need help providing evidence of funds, you should consult us KJV LAWYERS – BURWOOD.

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Book an appointment with VISAS TO AUSTRALIA today by calling us on 

(02) 9715 4739 or send us an email info@kjvlawyers.com.au

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Training Visa

Subclass 407

This is a temporary visa which could be granted up to a maximum stay for 2 years.

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Training visa allows applicant to: 

• visit Australia to complete a workplace-based training (to improve the applicant’s skills of his current occupation, area of tertiary study or field of expertise), or

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• a professional development training program

There are 3 types of occupational training covered by this visa:

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• Occupational training required for registration;
• Occupational training to improve skills in an eligible occupation; and
• Occupational training for capacity building overseas. This includes overseas qualification, government support or professional.

The applicant must

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• be sponsored
• be nominated (unless the  sponsor is a Commonwealth Government agency)
• be invited (if the sponsor is a Commonwealth Government agency)

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Nomination is the stage where the sponsor provides details about the nominee (intended trainee), the purpose or type of training and how and where the training will be provided.

The applicant can include members of the family unit at time of application and could also add family members to the application after submission of the visa but before DOHA makes decision on the visa.

All applicants must meet the health and character requirements.