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.

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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.

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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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Partner Visas (Subclass 300/309/820)

How to get Partner Visa in Australia

A partner visa is for the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia, and if the applicant holds a prospective marriage visa, the partner visa fees are reduced.

‘Spouse’ is defined in s 5F of the Migration Act 1958:

  1. For the purposes of this Act, a person is the spouse of another person (whether of the same sex or a different sex) if, under subsection.(2), the 2 persons are in a married relationship.
  2. For the purposes of subsection (1), persons are in a married relationship if:
    • (a) they are married to each other under a marriage that is valid for the purposes of this Act; and
    • (b) they have a mutual commitment to a shared life as a married couple to the exclusion of all others; and
    • (c) the relationship between them is genuine and continuing; and
    • (d) they:
      1. live together; or
      2. do not live separately and apart on a permanent basis.
  3. The regulations may make provision in relation to the determination of whether one or more of the conditions in paragraphs (2)(a), (b), (c) and (d) exist. The regulations may make different provision in relation to the determination for different purposes whether one or more of those conditions exist.

Note: On 9 December 2017 the Migration Act 1958 was amended by the Marriage Amendment (Definition and Religious Freedoms) Act 2017.

‘De facto partner’ and ‘de facto relationship’ are defined in s 5CB of the Act:

De facto partners

  • (1) For the purposes of this Act, a person is the de facto partner of another person (whether of the same sex or a different sex) if, under subsection (2), the person is in a de facto relationship with the other person.

De facto relationship

  • (2) For the purposes of subsection (1), a person is in a de facto relationship with another person if they are not in a married relationship (for the purposes of section 5F) with each other but:
    • (a) they have a mutual commitment to a shared life to the exclusion of all others; and
    • (b) the relationship between them is genuine and continuing; and
    • (c) they:
      • (i) live together; or
      • (ii) do not live separately and apart on a permanent basis; and
    • (d) they are not related by family (see subsection (4)). 
  • (3) The regulations may make provision in relation to the determination of whether one or more of the conditions in paragraphs (2)(a), (b), (c) and (d) exist. The regulations may make different provision in relation to the determination for different purposes whether one or more of those conditions exist.

Definition

  • (4) For the purposes of paragraph (2)(d), 2 persons are related by family if:
    • (a) one is the child (including an adopted child) of the other; or
    • (b) one is another descendant of the other (even if the relationship between them is traced through an adoptive parent); or
    • (c) they have a parent in common (who may be an adoptive parent of either or both of them).

For this purpose, disregard whether an adoption is declared void or has ceased to have effect.

To be eligible for a Partner visa the applicant must be sponsored by an Australian citizen, permanent resident or eligible New Zealand citizen and must demonstrate that they are in a genuine and continuing relationship, that they have been living together, or not separately, on a permanent basis since they committed to a shared life together to the mutual exclusion of all others.

In order to do this it is important to assemble the various documents that show shared financial responsibilities such as bank statements, household bills and the like. A statement should also be prepared outlining details about the relationship itself and how household responsibilities are dealt with. Proof of mutual friendships and joint activities is also useful. See the Proof of Relationship Statement on the matter plan.

When assessing whether the relationship is genuine and continuing, the Department of Home Affair’s case officer must consider the following five main categories:

  1. The history of the relationship;
  2. The financial aspects of a relationship;
  3. The nature of the household;
  4. The social aspects of a relationship; and
  5. The nature of the commitment.

It is worth noting however that it would be an error of law if a refusal decision was based, or partly based, on a delegate of the Minister for Immigration’s assessment that one or more of the above matters was not met.

When considering a couple’s living situation, in relation to a de facto relationship as defined in s 5CB of the Act, Procedures Advice Manual 3 (PAM3) refers to the judgment of the Federal Court of Australia Full Court in SZOXP v Minister for Immigration and Border Protection [2015] FCAFC 69. The court’s judgment in this case means that a delegate of the Minister for Immigration cannot find that an applicant does not meet s 5CB(2)(c) solely on the basis that the applicant and their claimed de facto partner: −

  1. Never lived together before the visa application was made
  2. Were not living together at the time the application was made, that is, at the time of application; or
  3. Were not living together at the time the application is decided, that is, at the time of decision

Prospective marriage visa (subclass 300)

This is a temporary visa granted for nine months, allowing the visa holder to marry their partner in Australia. Once the visa holder has married the applicant is then eligible to lodge a Partner visa (subclasses 820/801) application. Additional fees are associated with the partner visa application however these are reduced if the applicant is the holder of a subclass 300 visa.

Partner visa (subclasses 309/100)

Offshore visa applicants Subclasses 309/100 are for offshore visa applicants. When applying for this visa the applicant applies for two separate visas at the same time: a provisional visa (subclass 309) and permanent visa (subclass 100). If the applicant is granted a subclass 309 visa two years from date of lodging the application, they will be invited to provide further information for the granting of a subclass 100 visa.

Partner visa (subclasses 820/801)

Onshore visa applicants Subclasses 820/801 operate similarly to the above subclasses. However, this option is for applicants who are applying onshore. Otherwise, the process is the same, with subclass 820 being a provisional visa and subclass 801 being a permanent residency visa.

Offshore and onshore applicants – Second stage partner visa

Two years after first applying for a partner visa subclass 309/100 or subclass 820/801 visa, the applicant and sponsor are invited to give further information prior to being assessed for permanent residency. This is not a new visa application, but rather known as the second stage of the partner visa application.

To satisfy the criteria for permanent residency the applicant and sponsor must demonstrate that they continue to be in a genuine relationship, again assessed against the five main categories outlined above. If the relationship has ended the applicant may still be eligible for a permanent residency visa through their original nomination under the following exceptions:

The sponsor has died: regulations 801.221(3), 801.221(5).

Family violence has been committed by the sponsor: regulations 100.221(3), 100.221(4), 100.221(4)(c)(i), 801.221(4), 801.221(6)(c)(i). See the Department of Home Affairs page on Family violence and your visa for further information on this exception.

The applicant is given shared custody or access rights to a child, where the sponsor also has rights and responsibilities towards that child: regulations 100.221(4)(c)(ii), 801.221(6)(c)(ii). See Schedule 2 of the Migration Regulations 1994.

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. Aries 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.

Read about other Australian Visa Categories

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