Archives: Services

Welcome to our comprehensive guide on the Skilled Independent Visa Subclass 189, your ultimate pathway to achieving immigration excellence in Australia. At Eduaid, we are committed to providing you with the most up-to-date and accurate information to help you navigate the complexities of the visa application process and increase your chances of success.

Understanding the Skilled Independent Visa Subclass 189

The Skilled Independent Visa Subclass 189 is a highly sought-after visa category designed for skilled professionals who possess qualifications and work experience in occupations that are in high demand in Australia. This visa offers numerous benefits, including permanent residency, the freedom to live and work anywhere in Australia, access to Medicare (Australia’s public healthcare system), and eligibility to apply for Australian citizenship.

How do I get this Skilled Independent Visa (189 Visa)? 

You must be invited to apply for this visa. To be considered for an invitation, you must first submit an Expression of Interest (EOI).

To be eligible to submit an EOI:

• You must be under 45 years of age (and still be when you receive your invitation).
• Your occupation must be on the Skilled Independent visa (subclass 189) – Points-tested stream Skilled Occupations list.
• You must pass a Skills Assessment to prove you are genuinely qualified and experienced in that occupation.
• You must attain a points score of 65 or above (and retain this score until you receive your invitation). Your points score is determined by several factors including your English level, employment skills and history, qualifications and education.
• You must have passed an approved English language test no more than three years before receiving your invitation, or by being a citizen (or hold a valid passport) of Canada, New Zealand, the Republic of Ireland, the United Kingdom, or the United States.
• You must meet health and character requirements.
• You must not have outstanding debts to the Australian government.
• You must not have had a visa refused or cancelled previously. If so, you may not be able to apply.

What is the application process?

Your EOI is not a visa application; it a request to be considered for a visa. The Australian government may offer you an invitation to apply at any time within two years of your EOI submission. Once invited, you must apply for the visa within 60 calendar days. It usually takes between 8 to 10 months to process your application.

The registered migration agents at Eduaid can help you determine your eligibility, prepare your EOI and apply for your visa!

Benefits of the Skilled Independent Visa Subclass 189

Obtaining the Skilled Independent Visa Subclass 189 offers a wide range of advantages, making it an attractive option for skilled professionals worldwide. Let’s explore some of the key benefits:

1. Permanent Residency: This visa grants you permanent residency status in Australia, allowing you to live, work, and study without any restrictions.
2. Flexibility: Unlike employer-sponsored visas, the Skilled Independent Visa Subclass 189 does not require a job offer from an Australian employer. You have the freedom to choose where you want to work and pursue employment opportunities that align with your skills and interests.
3. Access to Medicare: As a visa holder, you and your family members can access Medicare, Australia’s public healthcare system, providing you with affordable and comprehensive medical services.
4. Pathway to Citizenship: After holding the visa for a specific period, you become eligible to apply for Australian citizenship, enjoying the full rights and privileges of being an Australian citizen.
5. Inclusion of Family Members: You can include eligible family members in your visa application, allowing them to join you in Australia.

How to Increase Your Chances of Success

Securing the Skilled Independent Visa Subclass 189 requires thorough preparation and attention to detail. Here are some strategies to enhance your chances of a successful visa application:

1. Skills Assessment: Ensure that your skills assessment is conducted by a recognized assessing authority and that it accurately reflects your qualifications and work experience.
2. English Language Proficiency: Achieve the highest possible score in an approved English language test, such as the International English Language Testing System (IELTS), as it contributes significantly to your points score.
3. Gaining More Points: Explore opportunities to boost your points score by pursuing additional qualifications, obtaining higher levels of work experience, and meeting other relevant eligibility criteria.
4. Documentation Accuracy: Pay meticulous attention to detail when preparing your application, ensuring that all supporting documents are complete, authentic, and aligned with the requirements set by the Department of Home Affairs.
5. Seek Professional Assistance: Consider engaging the services of a registered migration agent or immigration lawyer who specializes in Australian visas. Their expertise can significantly improve the quality and accuracy of your application.

You can apply to sponsor the migration of eligible relatives to join you in Australia

Who is Distinguished Talent Visa for?

This visa is applicable for those individuals who are perceived internationally for extraordinary and exceptional accomplishment which includes the arts, academia and research, a profession or a sport.

How do I get Distinguished Talent Visa?

In order to get this visa,

•  You must be able to demonstrate extraordinary and remarkable achievements superior to others in your field.
•  Your record of achievements must be sustainable in the future.
•  You need to show that you are an asset to the Australian community, economy, society, and culture.
•  You must have a sponsorship from an Australian University if you applying under the category of academia and research.
•  You must be nominated by a well-known and recognised organisation or individual who is a citizen of Australia, or a citizen of New Zealand.
•  You are required to have the necessary qualifications and/or awards which you have received from institutions that are internationally recognised.

Are there any other conditions?

•  You must be in Australia when you are applying for the visa.
•  You are required to fulfil the English Language requirements.
•  You must meet the health and character requirements.
•  You should not have any debts to the government of Australia.
•  You will not receive the visa is you are holder of any of the following visa types:
  1. Electronic Travel Authority (Subclass 601)
  2. Maritime Crew Visa (Subclass 988)
  3. Superyacht Crew visa (subclass 488)
  4. Temporary Work visa (Subclass 400)
  5. Tourist visa (Subclass 676)
  6. E-Visitor (Subclass 651)
  7. Visitor visa (Subclass 600)
  8. Special purpose visa
  9. Business (Short Stay) visa (Subclass 456)

How do I apply for this visa?

You must be present in Australia when you apply for this visa. You need to fill out the relevant visa forms, include all necessary paperwork and pay the application charge before lodging your visa

application at the Adelaide office in South Australia. eduaid can assist you further in this regard.

What are the features and benefits of Distinguished Talent Visa?

•  This is a permanent visa and grants you residence in Australia for an indefinite amount of time.
•  You can apply for citizenship in Australia.
•  You can sponsor eligible relatives for permanent residence in Australia.
•  You can work and study in Australia.
•  You can enrol in Australia’s Medicare health scheme.
•  You will be allowed to travel freely for five years to and from Australia from the day your visa is issued.

Who is Distinguished Talent visa for?

Distinguished Talent visa is a permanent visa which is applicable for those individuals who are perceived internationally for extraordinary and exceptional accomplishment in the arts, academia and research, a profession or a sport.

How do I get Distinguished Talent visa?

•  You are required to be perceived as an asset to Australia and must be still undertaking in the talent you possess.
•  You must be nominated by a well-known and recognised organisation or individual in Australia.
•  You are required to have the necessary qualifications or/ and awards which you have received by institutions that are internationally recognised.

Are there any other conditions?

•  You must be overseas when you are applying for Distinguished Talent visa.
•  You are required to fulfil the English Language requirements.
•  You should not have any debts to the government of Australia and also must have arranged for the same, if any.
•  Moreover, you must meet both health and character requirements.

How do I apply for Distinguished Talent visa?

You can send your visa application via courier or post. Along with the necessary documents, you are required to send the Form 47SV – Application for Special Migration to Australia, while the nominator must complete the Form 1000 – Nomination for Distinguished Talent. You must also include a completed Nomination Form and other Nomination supporting documents when lodging your visa application.

Eduaid can help you with every detail associated with the application process.

What are the features and benefits of Distinguished Talent visa?

•  This visa grants you permanent residence in Australia for an indefinite amount of time.
•  You can apply for citizenship in Australia.
•  You can enrol in the Medicare healthcare-scheme in Australia.
•  You will be allowed to travel for five years from the day your visa is issued.
•  You can sponsor your family members for this visa, and they can enjoy the same benefits as you.

Australia, known for its stunning landscapes, vibrant cities, and diverse culture, has long attracted individuals from around the world who seek new opportunities and experiences. The Distinguished Talent Visa in Australia serves as a gateway for exceptional individuals with outstanding achievements to settle and contribute to the country’s growth. This article delves into the intricacies of this visa category, providing you with valuable insights and answers to your queries.

Distinguished Talent Visa in Australia: A Path to Excellence

The Distinguished Talent Visa in Australia is a highly sought-after immigration pathway for individuals who have demonstrated exceptional talent, achievements, or skills in specific fields. This visa category, also known as the Subclass 858 visa, enables successful applicants to live, work, and study in Australia permanently.

Eligibility Criteria: Standing out from the Crowd

To qualify for the Distinguished Talent Visa in Australia, individuals must meet specific criteria that highlight their exceptional abilities. The following requirements are essential:

1. International Recognition: You must have a record of exceptional and internationally recognized achievements in a profession, sport, the arts, or academia.
2. Outstanding Reputation: Your reputation in the field must be outstanding, and you should have the potential to contribute significantly to Australia’s cultural, economic, or social fabric.
3. Nomination or Invitation: A relevant Australian organization, government agency, or individual must nominate or invite you to apply for this visa.

Application Process: Paving the Way to Australia

Applying for the Distinguished Talent Visa in Australia involves a step-by-step process. Here’s an overview of the key stages:

Stage 1: Expression of Interest (EOI)

The initial step is to submit an Expression of Interest (EOI) through SkillSelect, Australia’s online immigration portal. This allows you to showcase your skills, qualifications, and achievements, demonstrating your suitability for the Distinguished Talent Visa.

Stage 2: Nomination or Invitation

Once your EOI is lodged, you await nomination or invitation from an eligible Australian organization, government agency, or individual. This endorsement serves as a testament to your exceptional talents and confirms your eligibility to proceed with the visa application.

Stage 3: Visa Application

After receiving the nomination or invitation, you can submit your visa application. This stage involves providing detailed documentation to support your claims of outstanding achievements, reputation, and potential contributions to Australia.

Stage 4: Assessment and Decision

The Department of Home Affairs assesses your visa application thoroughly. This process involves verifying your credentials, conducting background checks, and evaluating your eligibility based on the criteria outlined for the Distinguished Talent Visa in Australia.

Stage 5: Visa Grant

Upon a successful assessment, you receive a visa grant, allowing you to enter Australia and enjoy the privileges associated with permanent residency.

Who is Resident Return Visa in Australia for?

This visa is applicable for those who are permanent residents of Australia, were former permanent residents of Australia and those who were former citizens of Australia.

How do I get Resident Return Visa in Australia?

To be granted either of the subclass 155 or 157 visas, you must hold a valid passport and meet the character requirement.

You may be granted the subclass 155 visa if:

•  You have spent at least 2 of the last 5 years as a permanent resident or as a citizen in Australia.
•  You are applying for the visa while you are in Australia, or,
•  You are applying from overseas but you were a citizen or permanent resident of Australia when you last departed the country.
•  You have business, cultural, employment, or personal ties of benefit to Australia.
•  You are a family member of a current Resident Return visa holder.

To be granted the subclass 157 visa:

•  You must have spent a minimum of one day and a maximum of 2 years in Australia in the past 5 years.
•  You must have been a permanent resident or a citizen of Australia the entire time you spent in Australia.
•  You must provide a convincing reason as to why you left Australia previously.

There are also some factors you need to avoid, such as:

•  You must not be a former citizen of Australia who has lost or repudiated citizenship.
•  You must be a former permanent resident of Australia where your last permanent visa was not cancelled.

Are there any other conditions?

In case you have been living overseas for more than three months, then you will be required to provide a convincing reason as to why you were not present in the country for that duration.

How do I apply for this visa?

You will need to complete either the subclass 155 or 157 application form and lodge your application online along with the necessary documents. Eduaid can provide you with the best assistance in this regard.

Benefits of a Resident Return Visa

•  Both of these visas are permanent visas.
•  Both visas enable you to study and work in Australia indefinitely.
•  You can travel freely to and from Australia.
•  You can apply for Australian citizenship, if eligible.
•  You can sponsor eligible relatives for permanent residence in Australia.
•  The subclass 155 visa lasts for up to 5 years from the date of grant.
•  The subclass 157 visa lasts for 3 months from the date of grant.
•  You will enjoy all the benefits of Medicare, Australia’s health-care scheme.

Who is Former Resident Visa for?

Former Resident Visa is applicable for those who were previously permanent residents of Australia and those who want to live in Australia as permanent residents after serving in the Australian Defence Force.

How do I get Former Resident Visa ?

•  You must be below 45 years of age.
•  You must never have been a citizen of Australia.
•  You must have spent at least 9 years as a permanent resident in Australia before you reached 18 years of age.
•  You must have perpetuated business, personal or cultural ties with Australia – such as being an owner of a property in Australia – whilst living abroad.

There are also some factors you need to avoid, such as:

•  You must have previously served in the Australian Defence Force for at least 3 months before 19 January 1981.
•  You must meet the health and character requirements.

Are there any other conditions?

You should not have any debts to the government of Australia or have arranged to pay any debts before this visa is granted. You will need to pay the costs of the various assessments and tests when applying for the visa.

How do I apply for Former Resident Visa?

You will need to complete the Subclass 151 application form and lodge your application along with the necessary documents. Contact eduaid for more information regarding lodging a successful visa application.

What are the features and benefits of Former Resident Visa?

•  The visa enables you to both study and work in Australia.
•  You will benefit from Australia’s globally renowned Medicare system.
•  You can include your partner and/or your child in your visa application.
•  You will be eligible for the Australian citizenship.

The Employer Nomination Scheme Visa (ENS 186) allows skilled employees to be sponsored by Australian employers to live and work in Australia permanently.

How do I get Employer Nomination Scheme Visa? 

There are three streams for this visa; The Temporary Residence Transition stream, the Direct Entry stream, and the Labour Agreement stream. Your employer will nominate you under the appropriate stream, which will enable you to apply under that stream. Once the nomination is approved, you will have six months to apply for the proper visa.

eduaid can help you determine your eligibility and help you prepare your application!

All three streams require that:

• You have an Australian employer who will sponsor your permanent migration for working in a specific job in Australia.
• You are younger than 45 when you apply (although there are exemptions in certain circumstances).
• You have appropriate English language skills.
• You have certain qualifications and skills to undertake the job your sponsor nominated you for.
• You meet health and character requirements.

For the Temporary Residence Transition stream, you must also:

• Possess a Temporary Skill Shortage (TSS) visa (subclass 482) or a Temporary Work (Skilled) visa (subclass 457) (not granted under labour agreement arrangements) or a related associated Bridging visa.
• Have been employed in the nominated position by the sponsoring employer for a certain number of years, dependant on your current visa.

If you do not meet these requirements, your employer may still be able to nominate you under one of the other two streams. For example, your employer may have entered into an arrangement with the Department of Home Affairs, which will allow them to nominate you under the Labour Agreement stream!

What are the features and benefits of Employer Nomination Scheme Visa?

For you:

• It is a permanent visa to live, work and study in Australia indefinitely.
• You are entitled to access Medicare, Australia’s subsidised universal health care scheme.
• You can travel freely to and from Australia for up to 5 years, after which you will need a Resident Return visa (RRV) to re-enter Australia.
• You may be eligible to apply for citizenship.

For your family:

• Your immediate family members, including your partner and your or your partner’s child or step-child, will enjoy precisely the same benefits and rights as you do.
• Your children are entitled to free primary and secondary education.
• You can apply to sponsor the migration of eligible relatives to join you in Australia.

Who is Temporary Skill Shortage Visa for?

The Temporary Skill Shortage Visa also referred to as the TSS visa, is for skilled workers who want to work in Australia temporarily.

How do I get Temporary Skill Shortage Visa?

There are three streams under this visa: Short-term stream, Medium-term stream, and Labour agreement stream. Before you can apply for this visa, however, your proposed employer will need to lodge a nomination application for you.

Eligibility for all streams requires you to:

• Be nominated for a position by an approved sponsor, and the approval of that nomination.
• Meet any required skills and qualifications requirements.
• Meet English language requirements.
• Hold a substantive visa, a subclass 010 (Bridging A) visa, a subclass 020 (Bridging B) visa or a subclass 030 (Bridging C) visa, if in Australia.
• Have complied with any conditions that apply or applied to your last visa.
• Meet health and character requirements.
• Meet the requirements of the stream in which you apply.

Short-term stream 

• Have worked in your nominated occupation, or a related field, for at least two years.
• Are a genuine applicant who will comply with all the conditions of the short term visa.
• Will be working directly either for your sponsor or for any entity associated with your sponsor.

Medium-term stream 

• You might be able to get a visa under this stream if you:
• Have worked in your nominated occupation, or a related field, for at least two years.
• Will be working either directly for your sponsor or an entity associated with your sponsor.

Labour-agreement stream

• You might be granted the visa under this stream if you:
• Are nominated in an occupation included in a labour agreement that your employer has entered into with the Department.
• Have worked directly in – or in a related field of – your nominated occupation, for at least two years.

How do I apply for Temporary Skill Shortage Visa?

Your proposed employer must apply for you, and declare the need of your skills for that particular position. eduaid can help you with the entire procedure.

What are the features and benefits of Temporary Skill Shortage Visa?

This visa enables employers to address labour shortages by bringing in skilled workers from overseas. It allows you to travel to and from Australia as you please for the duration of your visa.

• It lets you work in Australia in your nominated occupation for an approved sponsor.
• You can include family members in your application and have them accompany you in Australia.
• Your family members can enjoy the same benefits as you from their stay in Australia.
• Your family members can work and study in Australia.
• The nomination is generally valid for up to 12 months from the approval date.
• The sponsorship is valid for five years from the date it is approved.

From time to time, there are cases where hopeful migrants have their visa applications refused. This deals a significant blow to their aspirations. However, many are unaware of their claim to ask for a review of their visa application. If you find yourself in a similar situation, then start making preparations to lodge an AAT Merits Review application instead of losing hope!

The AAT Merits Review is conducted by the Administrative Appeals Tribunal (AAT), which is an independent Australian tribunal tasked with reviewing administrative decisions made by the Australian government under Commonwealth laws. Decisions made by Australian government ministers, departments, and agencies – as well as state government and non-government bodies – are all reviewed by the AAT.

What is an AAT Merits Review?

The AAT Merits Review allows you to apply for a review of your visa application in the hope of having an unfavourable decision reversed. For example, if you had a visa application rejected, you can request for an AAT Merits Review for a re-examination of your visa application – provided you apply for the review.

However, it would be best not to take for granted that your visa application will be accepted. The AAT only reverses an original decision only if it sees fit to do so. The decisions the AAT can reach include:

• Affirming the original decision.
• Varying the original decision.
• Substituting in a new decision in place of the original decision.

Resending the matter to the Department of Immigration to be decided again with specific instructions and recommendations.

How does an AAT Merits Review work?

The AAT Merits Review is conducted by the AAT taking a fresh look at the law, policy, and facts relating to the original decision, and arriving at its own conclusion. You can request for an AAT Merits Review if you qualify for the right to apply. You will be invited to attend a hearing and present your case, answer questions, and make written submissions to the Tribunal. There is no exact timeframe for the Tribunal to give a verdict, as each visa application requires a different review process – some reviews can take as long as three months!

Once your case gets allocated to a Member, you might have to:

• Present more information
• Comment on any information which could be the reason for not changing the original decision
• Present arguments for your case
• Nominate someone other than you to provide evidence
• Suggest additional evidence related to the review.

Who can apply for an AAT Merits Review?

There are no iron-clad set of requirements for an AAT Merits Review. When you get the letter informing you of the decision on your visa application, it will be mentioned in that letter whether or not you can apply for a review. So once you get the response letter, you can act accordingly.

What can I request an AAT Merits Review for?

The AAT Merits Review is not limited to just visa application refusals. You can also challenge a decision made on:

• Australian citizenship
• Cancellation of a visa
• Registering – or refusing to register – a person as a migration agent
• Deregistering – or refusing to deregister – a person as a migration agent
• Cancellation or suspension of a person’s registration as a migration agent
• Child support
• Commonwealth workers’ compensation
• Family assistance
• Paid parental leave
• Social security
• Student assistance
• Taxation
• Bankruptcy
• Civil aviation
• Corporations and financial services regulation
• Customs
• Freedom of information
• Passports
• Security assessments by the Australian Security Intelligence Organisation.

How to apply for an AAT Merits Review

You can lodge your AAT Merits Review application either online, in person, through the post, or by fax. For migration related refusals, you can fill out the following forms:

M1 – Application form for persons not in immigration detention

M2 – Application form for persons in immigration detention

Do I have to attend the hearing on my own?

No! You can select a representative to attend the hearing – and make your case – on your behalf! In such cases, the best option for you would be to consult eduaid. We are globally a renowned migration agent with almost 20 years’ worth of experience in helping clients achieve their dream of moving to Australia. We specialise in matters relating to visa applications and will expertly handle your AAT Merits Review procedure for you!

The judicial review of a migration decision is a procedure to appeal an erroneous migration decision. This review consists of a federal court analysing the legality of a migration decision made by the decision-maker, generally the Administrative Appeals Tribunal (AAT).

However, provided that the court finds fault in the decision-making process, it will not reverse the decision, as the judicial review does not grant the court the authority to do that. Instead, the court will return the faulty decision to the original decision maker in order to be reconsidered, with the error specified.

Be noted though – not all migration decisions can be appealed against with a judicial review. Only decisions that have been made with an error of a legal nature can be challenged by a judicial review.

Before choosing on whether to provide the judicial review, the court focuses on the strategies practised by the administration office or division in order to make a choice and decides if:

• those strategies were predictable with normal equity or procedural decency
• the variables considered by the decision-making individual were right under the legislation
• the individual acted within the boundaries of the legislation.

The court does not survey the real choice on its benefits. However, it chooses whether it was appropriately made. It is conceivable that a similar choice will be made by the government the next time, entirely adhering to the guidelines of the court about what is legal.

Grounds of a Judicial review

In general, the statutory grounds which allow for a decision to be judicially reviewed consist of the following:

• there has been a misuse or breach of the natural justice rules in the making of the decision
• the procedures that should have been maintained during the making of the decision were not observed
• the decision was made by an individual who did not have the jurisdiction to make that decision
• the decision was not authorised by the Act it was under
• the decision involved an error of law, whether or not that error appears in the records
• fraudulent activity was involved in the decision-making
• the making of the decision as unjustified
• the decision was otherwise contrary to law

How does a Judicial review work?

The judicial review consists of a court examining the way in which the decision was made, and is commonly used to rectify the errors of law which influence the authority of the individual to make the choice. It enables the courts to administer the Tribunal and lower courts and ensure against these bodies forming decisions outside of their authority.

If you are looking for a judicial review on a Commonwealth Government decision you are not satisfied with, you must sue the government in the High Court of Australia, or the Federal Court of Australia. If your case is situated in South Australia, then you must lodge your application to the Supreme Court of South Australia.

When does a Judicial review end?

Usually, a case is resolved when:

• Either the applicant or the Minister withdraws from the case before the hearing, or
• The court refers the decision to the original decision-maker in order to be reconsidered (in other words, a successful review application), or
• The court dismisses the application (an unsuccessful review application), or
• The court declares that there indeed is an error of law in the decision.

How do I apply for a Judicial review?

If you are seeking a judicial review, you need to fill out the relevant forms and file the necessary documents in the High Court of Australia, Federal Court of Australia, or the Supreme Court of South Australia (if your decision relates to South Australia).

Is there a time frame within which I need to challenge my decision?

Yes. It is best if you challenge your decision as soon as practicable (no later than 6 months) after the grounds for the review are activated.

Who do I contact for lodging my Judicial review application?

For the best kind of assistance in filing for a judicial review, you can contact eduaid. We are the undisputed leaders in the industry and have been so for almost two decades. Our expertise in all things related to migrating to Australia, as well as our dedicated and highly qualified team of migration agents and consultants, guarantees you unparalleled counsel and service.