The Most Crucial Changes to Immigration Law in Australia in 2019

A fact that we all are aware of is that there are often and frequent changes in immigration law of Australia and that too without any prior notification. While there were major changes implemented in March 2018, there are some new major changes that have been recently announced and hence need to be checked.

These changes are in context to Australian Migration programs. While some of them had been just implemented, others are anticipated to come into effect soon.

 

1. New Law in Australia’s Partner Visa

 

A major highlight that took everyone’s attention was the ‘Migration Amendment (Family Violence and Other Measures) Bill 2016 that was passed on 28th November 2018. The bill is still awaiting the royal permission to become a legal law.

Though the final version of this bill is still not available, it is known that if this novel law comes into effect, it will need a Partner sponsor application for approval before the visa applicant lodges its Partner visa application.

What will be the Effect of New Partner Visa Law?

Though there are no clear updates on the exact effect of this law. But there is some clarity revealed on a few of the aspects.

  • For people who hold a valid Australian visa, but that one is going o expire soon, you will not be able to file a valid application for Partner Visa till you get an approval for your sponsor’s application. There is no clarity on how long the processing time will be, but it could be a few days or a couple of months.

 

  • Secondly, if you are unable to lodge a proper Partner visa application, you will then not be able to avail a bridging visa to stay in Australia. This implies you need to leave Australia till you receive approval for the Partner visa sponsor application.

If you belong from a country involving low-risk like the USA or the UK, you can conveniently get an ETA to return back to Australia to file an onshore Partner visa. But, if you belong to a high-risk country such as Brazil or Thailand, it would be quite difficult to get a Visitor visa to Australia. If you are not able to receive a visitor visa, you need to then apply for an offshore Partner visa and wait for some time till you are granted the permission for a Partner visa.

  • If your sponsor visa has a major criminal record or has been condemned of some major offenses, then it will be a compulsory refusal to the sponsorship application.
  • Further, this new change is expected to highlight all sponsors to barring and cancellation of sponsoring their respective partners in the future.
  • Finally, the Department has been offered authority to share personal details with agencies within your home country as well as agencies in Australia. These agencies include security office, tax office, national scheme, and more.

 

 

2. Changes to the Temporary Sponsored Parent Visa

 

Another bill passed on 28th November 2018 in the Senate was the ‘Migration Amendment (Family Violence and Other Measures) Bill 2016. Besides others, the bill included a novel temporary sponsored parent visa that will enable grandparents and parents to unify with their families in Australia.

With the new amendments, it would be possible for parents as well as grandparents to frequently visit their families in the country for duration of up to 5 years.

As confirmed by the Minister of Immigration, Citizenship and Multicultural Affairs, the applications for new Temporary Sponsored Parent visa will be available from the first half of 2019.

 

3. New Changes to the Program of Working Holiday Visa

 

Further, there have been some major changes announced to the Working Holiday Visa Program on 5th November 2018.

These changes focus mainly on meeting the supply shortage of farmers in Australia. It gives immediate access to Australian farmers to work in prominent regional areas of the country.

In addition to this, holders of working holiday visa including subclass 462 and subclass 417 are also provided the option to apply for a 3rd-year visa. Such applicants are eligible to do this after July 1, 2019, after they have completed 6 months of mentioned work in a particular regional area during their second semester.

 

4. Partnering of ATO with the Department

 

The ATO will now partner with the department. This partnering will allow ATO to check whether an employer-sponsored visa holder is paid accurately on the basis of the nominated salary. In addition to this, ATO can even check whether they are paying the correct sum of tax and whether they are obtaining the correct sum of superannuation.

This novel change targets visa holders of subclass 457 and 482 for the year 2018-2020 income years. This change will ensure that the employer as well as employee complies with the visa guidelines.

 

5. Visa for New Entrepreneur in South Australia

 

With the introduction of the new Business visa in South Australia, the State Government will partner with business entrepreneurs to drive in more foreign entrepreneurs to Australia. It is announced that this new visa will be applied in South Australia before the rollout of 2019.

This initiative has been released by the Minister of Home Affairs. Under this, the foreign investors and entrepreneurs having an innovative idea along with an assuring business plan can apply for a temporary business visa in the country. This will be a great opportunity for such investors to take forward their business venture in the country.

South Australia’s New Business Visa aims to:

  • Generate multiple job opportunities
  • Attract lucrative business investments in the country to reinvigorate the economy of South Australia
  • Boost business growth as well as investment
  • Upsurge living standard in South Australia

As per this visa, entrepreneurs who will be able to successfully establish their business venture in the country will be eligible to apply for Permanent Residence.

What You Must Do?

If in case you are interested in any of the visas in Australia or want to know more details about these newly announced amendments, you just have to contact Debika Migration Services. We can guide you through the complete visa application procedure and ensure that all your documents meet the requirements before your application is lodged.

You just have to book a consultation with us, and we will offer you complete support from beginning to the end and tailor your application in accordance with the circumstances.

By |2019-03-04T22:34:48+00:00March 4th, 2019|

About the Author:

Amitava Deb
Amitava Deb is an Australian citizen. His tryst with Australia started more than 25 years ago. A long-lasting relationship with Australia made him realise how so many people across the world are keen to migrate and settle in Australia! Driven by his innate understanding of Australia and passion to help people settle in Australia, he started DMS (Debika Migration Services) in 2004. Since then, he has successfully helped more than 2000 migrants settle in Australia.A MARA (Migrations Agents Registration Authority) Registered Migration Agent, Amitava Deb confidently wears his decade plus (and continuing!) experience in assisting aspiring migrants to comfortably settle in Australia.

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