Medical Treatment Visa (Subclass 602)

Medical Treatment Visa (Subclass 602)

The Medical Treatment visa is for non-citizens to enter or remain in Australia for the purposes of seeking medical treatment. To be eligible, the applicant must meet one of the following criteria:

− Obtain medical treatment

– The applicant seeks to enter Australia to obtain medical treatment other than for surrogate motherhood, they are free from disease that could threaten the Australian community, and arrangements have been made for the costs of the treatment. If the treatment is for an organ transplant, the donor is accompanying the applicant or appropriate arrangements have been made for the donation to be concluded in Australia.

− Organ donor to applicant

– The applicant is an organ donor to an applicant who meets the above criteria, the applicant has undergone the required medical assessments, and arrangements have been made for the costs of the treatment.

− Emotional or other support to applicant

– The applicant seeks to provide emotional or other support to an applicant who meets one of the abovementioned criteria, or an applicant who meets the requirements in subclause 675.212(2) or (3), or 685.212(2) or (3), and the applicant has undergone the required medical assessment. Visa subclasses 675 and 685 are no longer available to new applicants.

− Citizen of Papua New Guinea

– The applicant is a citizen of Papua New Guinea, resides in the Western Province of Papua New Guinea and the Queensland government department that is approved as responsible for health has approved the medical evacuation of the applicant to, or the treatment of the applicant in, a hospital in Queensland.

− Medically unfit to depart

– The applicant is 50 or over, in Australia and has been refused a permanent visa due to public interest criteria, and is medically unfit to depart.

 − The applicant meets one of the above criteria, is in Australia as the holder of a medical treatment visa and is suffering from financial hardship, has undergone relevant medical assessment, and has compelling personal reasons to work in Australia.

 − The applicant meets one of the abovementioned criteria, is in Australia, has compelling reasons for grant, and has undergone relevant medical assessment.

Unless the applicant is unfit to depart, the grant of their visa cannot disadvantage an Australian citizen or permanent resident in obtaining medical treatment or consultation. The applicant must also be able to support themselves during their stay unless financial hardship is demonstrated and must genuinely intend to stay in Australia temporarily.

Why Choose Aries Lawyers?

The whole ‘lawful visa acquisition’ process can be one lengthy and paperwork intensive task. Our Immigration Lawyers are well versed with the varied requisites and provisions and have helped over a thousand people across a wide range of work profiles and family status. Aries Lawyers focuses on making the whole process easy and swift while you can concentrate on other important business. Head over to our Enquiry page by clicking on the button below, take a short and interactive visa interview therein for FREE and our team gets back to you in a jiffy.

Read about other Australian Visa Categories

Carer Visa (Subclass 116 & 836)

Carer Visa 116 and 836

This is a permanent residency visa allowing for someone to move to Australia to provide care for an Australian relative who has a long-term or permanent medical condition or to assist a relative who is providing care to a member of the family with a long-term or permanent medical condition.

Subclass 116 is for visa applicants who are outside Australia at the time of lodgement and subclass 836 is for visa applicants who are in Australia at the time of lodgement.

A carer is defined by r 1.15AA as:

  1. An applicant for a visa is a carer of a person who is an Australian citizen usually resident in Australia, an Australian permanent resident or an eligible New Zealand citizen (the resident) if:
    • (a) the applicant is a relative of the resident; and
    • (b) according to a certificate that meets the requirements of sub-regulation
    • (i) a person (being the resident or a member of the family unit of the resident) has a medical condition; and
    • (ii) the medical condition is causing physical, intellectual or sensory impairment of the ability of that person to attend to the practical aspects of daily life; and
    • (iii) the impairment has, under the Impairment Tables (within the meaning of subsection 23(1) of the Social Security Act 1991), the rating that is specified in the certificate; and
    • (iv) because of the medical condition, the person has, and will continue for at least 2 years to have, a need for direct assistance in attending to the practical aspects of daily life; and
    • (ba) the person mentioned in subparagraph
    • (b)(i) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
    • (c) the rating mentioned in subparagraph (b)(iii) is equal to, or exceeds, the impairment rating specified in a legislative instrument made by the Minister for this paragraph; and
    • (d) if the person to whom the certificate relates is not the resident, the resident has a permanent or long-term need for assistance in providing the direct assistance mentioned in subparagraph (b)(iv); and
    • (e) the assistance cannot reasonably be: (i) provided by any other relative of the resident, being a relative who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; or (ii) obtained from welfare, hospital, nursing or community services in Australia; and
    • (f) the applicant is willing and able to provide to the resident substantial and continuing assistance of the kind needed under subparagraph (b)(iv) or paragraph (d), as the case requires.
  2. A certificate meets the requirements of this sub-regulation if:
    • (a) it is a certificate: (i) in relation to a medical assessment carried out on behalf of a health service provider specified by the Minister in an instrument in writing; and (ii) signed by the medical adviser who carried it out; or
    • (b) it is a certificate issued by a health service provider specified by the Minister in an instrument in writing in relation to a review of an opinion in a certificate mentioned in paragraph (a), that was carried out by the health services provider in accordance with its procedures.
  3. The Minister is to take the opinion in a certificate that meets the requirements of subregulation (2) on a matter mentioned in paragraph (1)(b) to be correct for the purposes of deciding whether an applicant satisfies a criterion that the applicant is a carer.

The sponsor must be the relative for whom the applicant is providing care or the spouse of that relative. The Australian relative in need of care must be assessed by Bupa Medical Visa Services as per legislative instrument IMMI 14/085.

To sponsor someone as a carer Form 40 – Sponsorship for migration to Australia must be completed and lodged alongside the visa application. The sponsor must arrange for adequate accommodation for the applicant.

Partners, children, step-children or partner’s step-children can be included in the visa application at the time of lodging. Documentary evidence of their relationship to the applicant must be provided.

This category of visa applications is subject to capping and queuing, and current planning advice suggests that carer visa applications that are queued are likely to take approximately four and a half years before final processing.

Why Choose Aries?

The whole ‘lawful visa acquisition’ process can be one lengthy and paperwork intensive task. Our Immigration Lawyers are well versed with the varied requisites and provisions and have helped over a thousand people across a wide range of work profiles and family status. Aries Lawers focuses on making the whole process easy and swift while you can concentrate on other important business. Head over to our Enquiry page by clicking on the button below, take a short and interactive visa interview therein for FREE and our team gets back to you in a jiffy.

Read about other Australian Visa Categories

Divorce Property Settlement Examples In Australia

43.48% of Australian couples end up getting divorced, and one of the major issues besides the mental side of things are property disputes that occur between the former couple. We have provided you with 3 examples to help you get an idea of what actually happens in a property settlement. If you have any queries regarding your case after reading three examples, please feel free to reach out to us.

Case 1: Mr Field And Mrs Basson

Mr Field, aged 58 married to Mrs Basson, aged 57, got married In the year 1984 and got separated in 2009.

Assets Currently Present With the Couple:

1 . 6 Properties (5 On Mrs Basson’s Name and 1 on Mr Field)

2. 2 Cars (1 On Mrs Basson’s name and the other on Mr Fields)

3. Cash

4. Superannuation of $2000 in the name of Mr Field.

5. A business that the two of them started together, but got shut down in 2011.

Magistrate Orders:

In March 2012, the Federal Magistrate gave orders for a property settlement. All the assets and liabilities of the couple were calculated. Their assets included the business, their debts (Mortgage) and all the properties that the two of them owned. The Magistrate also took into consideration the contribution the two of them had financially and non-financially. Besides these, the amount the two of them earned were also taken into account.

After reading and analysing all the papers, the Federal Magistrate decided that Mrs Basson should receive 87.5% of the net assets with the remaining going to the Mr Field. Since Mrs Basson did not want to sell any of her properties, the Judge decided that the business stocks and 1 of the vehicles (Jeep) should be transferred to Mr Field while Mrs Basson would retain her property and her debt.

Case 2: Sam And Joanne

Sam And Joanne had been married for 5 years and got divorced on the 2nd of August 2017.

Assets Currently Present With The Couple

1 Property (Marital home) worth 1,000,000 which also had a mortgage of 800,000. Therefore, the total value is 1,800,000.

2. A Ford Falcon car that was worth $20,000.

3. Joanne’s Superannuation, worth 10,000

4. Sam’s Superannuation, Worth $30,000

Magistrate Orders:

The Federal Magistrate Gave orders for a property settlement in November 2019. All the assets and liabilities present with the couple were calculated. The two of them held a property, a car and superannuation. The contribution the two of them had financially or non-financially were also taken into consideration by the Magistrate.

After thinking about it, the Federal Magistrate declared that Joanne would get 70% of the Net Assets while Sam would get 30% of it. The percentages were based on their contribution and future needs. To divide their assets into equal proportions, it was decided that Joanne would keep the car while both of them got to keep their superannuation. The Magistrate said that Sam would have to refinance the home and pay Joanne a sum of money to buy out her share.

Case 3: Josh And Katie Stewart

Josh and Katie had been married for 15 years before their divorce in April 2015.

Assets Present With The Couple

1. 2 Properties worth 1.4 Million and 815,000 each. For reference, we are going to name these properties P and N, respectively.

Magistrate Orders:

Mrs Katie sought an order that Josh would pay her a sum of money and in case if he did not, that she would be appointed as the trustee to sell house P. Mr Josh sought an order he was to be declared the sole owner of house P and would buy Katie’s share of the house. Josh also wanted Katie to pay him a sum of money, and if she failed to do so, Josh would be allowed to sell house N.

In June 2018, the Magistrate learned that Katie did not have the funds available to pay for the ongoing proceeding. It was later decided that house N would be sold. They later formalised that Katie was allowed to sell Property N.

Their results were announced, taking into consideration the financial and non-financial contribution the two of them had.

Divorce Property Settlement Guidelines.

Here is a list of things you should do to get the best possible property settlement.

  • Make a list of all the assets, liabilities and debts that were accumulated during the marriage.
  • It is essential to inform your former partner in case you decide to sell a property.
  • Consider other alternatives before going to court. This will make it faster and cheaper.
    • Mediation:  A professional will guide you with the communication process; if you and your former partner agree on a settlement, it can late be formalised. 
    • Arbitration: Arbitration is very similar to a court. In this process, you will be required to have an arbitrator as the arbitral award is registered with the court when both the parties can come to an agreement. 
  • In case it is decided that you have to sell a property, it is best to hire a real estate lawyer to help you get the best price possible for the property. 

There are also a few things that you should not do during this procedure;

  • It would help if you did not ask for a property settlement for the last minute. 
  • NEVER try to hide a property or an asset. Doing this will reflect poorly on you and can affect the outcome of the property settlement. 

Why Choose Aries?

Going through a divorce can be painful and heart-breaking. The situation brings enough stress as it is with complications like child custody and property/financial division. Emotions may get the best of you at times like these. 

Our lawyers at Aries will guide you through the intensive procedures of a property settlement or any other family situations that need to be settled at court.  

Section 186 Visa – ENS Visa

Section 186 Visa in Melbourne Australia

Employer Nomination Scheme Visa is the section 186 Visa. This permanent residency visa is for applicants who are nominated by an Australian business for an eligible occupation. The three different streams under this visa are: 

  1. Temporary Residence Transition stream; 
  2. Direct Entry stream; 
  3. and Labour Agreement stream. 

Along with being nominated by an Australian employer, an applicant must meet the skills, qualifications and English language requirements of the position, and must also meet all other requirements of one of the streams of this visa. 

The application has two stages: 

  1. Nomination; 
  2. and Application. 

Different Visa Streams

Temporary Residence Transition stream 

The Temporary Residence Transition (TRT) stream is for applicants who hold either of the following:

 – Temporary Skill Shortage (TSS) visa (subclass 482) in the medium-term stream unless transitional arrangements apply;

 – Temporary Work (Skilled) visa (subclass 457) not granted under labour agreement arrangements; or

– related associated Bridging visa;

and have worked for the employer full-time in Australia on their subclass 457 and/or TSS visa(s) for at least:

− three out of the previous four years before the nomination is made; or 

− two out of the previous three years before the nomination is made if transitional arrangements apply because on 18 April 2017 the applicant either held a subclass 457 visa, or was an applicant for a 457 visa which was subsequently granted, in the same position as the nominated position.

 The applicant must also be under the age of 45 and have competent English unless they are a person specified by the Minister under legislative instrument IMMI 17/058. However, applicants over 45 but under 50 may still be able to apply under this visa if transitional arrangements apply because on 18 April 2017 the applicant either held a subclass 457 visa, or was an applicant for a 457 visa which was subsequently granted.

Labour Agreement stream 

The Labour Agreement stream is for applicants who are nominated by an Australian organisation through a formal labour agreement that provides for a permanent residence pathway. The applicant must demonstrate they have the qualifications, skills and experience relevant to fulfil the requirements of the position. 

The applicant must also be under the age of 45 unless the Minister has agreed that a person who has turned 45 may be employed in the relevant labour agreement. 

Direct Entry stream 

This stream is for applicants who do not meet the requirements under the TRT stream but have been nominated by an employer under this stream, with the nomination having been approved by the Regional Certifying Body as per r 5.19(4). The applicant must also be under the age of 45 and have competent English, unless they are a person specified by the Minister under legislative instrument IMMI 17/058. The Medium and Long-term Strategic Skills List applies. Employers must pay the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold. See Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018. At least three years work experience relevant to the particular occupation is required.

The Direct Entry (DE) stream is for applicants who are nominated by an Australian business and who either do not meet the minimum time requirement for the TRT stream or have never worked in Australia. To be eligible for a DE stream visa the applicant must have successfully completed a skills assessment by the relevant authority specified in legislative instrument IMMI 17/040.

The applicant must also be under the age of 45 for this stream unless a person of a class specified in legislative instrument IMMI 17/058. The applicant must also demonstrate they have competent English, or higher, if required by the relevant assessment authority.

The Medium and Long-term Strategic Skills List applies and applicants must have skills which are included on the list.

Employers must pay the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold requirements as set out in legislative instrument IMMI 18/033.

At least three years of work experience relevant to the particular occupation is required. This must be full-time and at the same level as the nomination occupation. Experience gained as a trainee cannot be counted. 

FAQs

How Long Can I Stay With The 186 Visa (Employer Nomination Visa)?

The 186 Visa is a permanent visa that allows you to stay in Australia for as long as you like. 

186 Visa Processing Time (Employer Nomination Visa)

The average time taken for the 186 Visa is 7-15 months. 

Why Choose Aries?

The whole ‘lawful visa acquisition’ process can be one lengthy and paperwork intensive task. Our Immigration Lawyers are well versed with the varied requisites and provisions and have helped over a thousand people across a wide range of work profiles and family status. Aries Lawers focuses on making the whole process easy and swift while you can concentrate on other important business. Head over to our Enquiry page by clicking on the button below, take a short and interactive visa interview therein for FREE and our team gets back to you in a jiffy.

Read about other Australian Visa Categories

888 Visa – Business Innovation and Investment (Permanent) Visa

visa 888 for Business Innovation

This is a permanent resident visa for subclass 188 visa holders who are nominated by a state or territory government in the same stream as the subclass 188 visa held. Special Category (subclass 444) visa holders are also eligible for this visa.

This visa has the same streams as the subclass 188 visas, with the exception of the extension streams which are to extend temporary visas. Common criteria for this visa include:

− The applicant and the applicant’s spouse or de facto partner do not have a history of involvement in activities that are not acceptable in Australia;

− The applicant must have a genuine commitment to maintaining a business or investment in Australia;

− The applicant and the applicant’s spouse or de facto partner must have a satisfactory record of compliance with Australian laws.

Business Innovation stream

This stream requires the applicant to have been in Australia as a holder of a subclass 188 Business Innovation stream visa for at least one year in the two years immediately before applying. The applicant must have an ownership interest for the two years immediately before applying in an actively operating business in Australia with an annual turnover of at least AUD$300,000 in the 12 months immediately before applying. Further to this, unless exceptional circumstances apply for granting nomination, at least two of the following criteria must be met:

− The applicant and/or the applicant’s spouse or de facto partner must have personal assets for the 12 months immediately prior to applying of at least AUD$200,000;

− In the 12 months immediately prior to applying, the applicant’s main business must have provided the equivalent of full-time employment to two Australian citizens, permanent residents or holders of a valid New Zealand passport;

− Combined business and personal assets of the applicant and/or the applicant’s spouse or de facto partner of at least AUD$600,000 in the 12 months immediately before applying.

Investor stream

This stream requires the applicant to have been in Australia as the holder of a subclass 188 Investor stream visa for at least two years in the four years immediately before applying.

The applicant and/or the applicant’s spouse or de facto partner must have continuously held the designated investment for 3 years and 11 months if the subclass 188 visa application was made before 1 July 2015 or 4 years if the subclass 188 visa application was made on or after this date.

Significant Investor stream

This stream requires the applicant to have held a subclass 188 Significant Investment Extension stream visa for a continuous period of four years at the time of application, or 3 years and 11 months if the subclass 188 visa was granted before 1 July 2015.

The applicant must also meet one of the following criteria:

− For the whole period of the subclass 188 visa the applicant held a complying investment as described in r 5.19B Migration Regulations 1994 if the subclass 188 visa was granted based on a visa application lodged before 1 July 2015 supported by an approved Form 1413 – Declaration in relation to managed funds;

− For the whole period of the subclass 188 visa the applicant held a complying

investment as described in r 5.19C if the subclass 188 visa was granted based on a visa application lodged on or after 1 July 2015 supported by evidence that demonstrates the applicant meets this requirement; or

− If the applicant was unable to hold a qualifying business for the above period, the applicant must demonstrate a genuine attempt to operate a qualifying business.

The applicant must meet one of the following residence requirements:

1. The applicant has been in Australia for at least the number of days worked out by adding the following calculations:

(a) 40 multiplied by the number of years in the period which the applicant has held a subclass 188 visa in the Significant Investor stream; and

(b) 40 multiplied by the number of years (where part of a year rounds up to one year) in the period which the applicant held a subclass 188 visa in the Significant Investor Extension stream; or

2. The applicant’s spouse or de facto partner has been in Australia on the applicant’s subclass 188 visa for at least the number of days worked out by adding the results of the following calculations:

(a) 180 multiplied by the number of complete years in the period in which the applicant held a subclass 188 visa in the Significant Investor stream; and

(b) 180 multiplied by the number of years (where part of a year rounds up to one year) in which the applicant held a subclass 188 visa in the Significant Investor Extension stream.

Premium Investor stream

This stream is for applicants who have held a subclass 188 Premium Investment stream visa

for a continuous period of at least 12 months prior to applying.

Unless the Minister is satisfied that a genuine attempt was made to maintain a complying

investment, the applicant must demonstrate that they have held a complying investment as

per r 5.19D for at least 12 months prior to applying.

Entrepreneur stream

This stream is for applicants who hold a subclass 188 Entrepreneur stream visa for a period

of at least four years and have resided in Australia for at least two of those four years.

The applicant has demonstrated an overall successful record of business activities of an

entrepreneurial nature in Australia while holding the subclass 188 visa.

The success of the applicant’s record is measured against the following criteria:

− The number of Australian citizens and permanent residents that are employed in

relation to the entrepreneurial activities;

− The level and nature and ongoing funding of, or investment in, the activities; and

− The annual turnover of business in relation to the activities.

Why Choose Aries?

The whole ‘lawful visa acquisition’ process can be one lengthy and paperwork intensive task. Our Immigration Lawyers have helped over a thousand people with their immigration cases and know exactly what is required to get the immigration process done smoothly.  Ariel Lawers will make the whole process easy and comfortable for you. You would only have to answer a few simple questions on our Immigration page, and we will get back to you.

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