by adminQLD – Fee waivers for dependent students of Temporary Visa holders
This column will look at the tuition fee exemptions for eligible dependent students of temporary visa holders.
Among the many reasons for coming to Australia, the biggest reason is children’s education. And If you are a temporary visa holder with children, many people are curious about the tuition exemption for their children.
This is critical information because if your child does not receive a tuition waiver or discount, the tuition for primary school students is $14,192 (Tuition Fee for 2023), which can be a big burden. While not all temporary visas get exempt, most public schools offer tuition exemptions or reduced tuition for private schools.
However, it is essential to look at each State’s education website as there are differences in tuition fees and visas.
Tuition exemption visas for under-age children of the main application are as follows:
| Subclass | Visa Title |
| 159 | Provisional Resident Return |
| 173 | Contributory Parent |
| 188 | Business Innovation and Investment (Provisional) |
| 300 | Prospective Marriage |
| 309 | Partner (Provisional) |
| 400 | Temporary Work (Short Stay Activity) |
| 403 | Temporary Work (International Relation) |
| 407 | Training |
| 408 | Temporary Activity |
| 444 | Special Category Visa |
| 445 | Dependent Child |
| 449 | Humanitarian Stay (Temporary) |
| 461 | New Zealand Citizen Family Responsibility (Temporary) |
| 476 | Skilled – Recognised Graduate |
| 482 | Temporary Skill Shortage (previously 457) |
| 485 | Temporary Graduate |
| 489 | Skilled Regional (Provisional) |
| 491 | Skilled Regional (Provisional) |
| 494 | Skilled Employer Sponsored Regional (Provisional) |
| 500 | Student (Primary visa holder = parent) |
| 500 | Student (exchange student) |
| 785 | Temporary Protection Visa |
| 786 | Temporary (Humanitarian Concern) |
| 790 | Safe Haven Enterprise |
| 820 | Partner |
| 870 | Sponsored Parent (Temporary) |
Other visa exemptions include:
- New Zealand citizens settling in Australia
- The child of the main application who is doing the doctoral program
- Child of a Masters by Research main application at a University in Regional Queensland
More information can be found at the site below.
DE International schedule of visa subclasses and enrolment conditions (qed.qld.gov.au)
by adminEligibility to access Medicare
In this column, we will look at the temporary visas that can apply for the Australian medical system, Medicare.
Medicare is a health care service for Australians that provides free treatment and hospitalization in public hospitals, low-cost medicines and free or low-cost care from doctors and other health professionals.
It is operated by the Australian Government, and Australian citizens and permanent residents can use free medical services.
There are many people who would like to receive the Medicare benefits. This is because those who hold a student visa or other temporary visas in Australia are required to purchase a medical insurance so that it meets the visa conditions. Medical insurances are quite expensive, ranging from about $100 to more than $300 per month for individuals, depending on the insurance benefits.
The following temporary visas are eligible for Australia’s Medicare services from the date of application.
- Temporary Partner Visa (subclass 820, 309)
- Skilled Work Regional Provisional visa (subclass 491)
- Skilled Employer Sponsored Regional Provisional visa (subclass 494)
- Witness Protection (Trafficking) Temporary visa (subclass 787)
- Support for Victims of People Trafficking Program
- Temporary Humanitarian Concern visa (subclass 786)
- Temporary or Permanent Parent Contributor Visa (subclasses 173, 143, 884, 864)
- Temporary Protection visa (subclass 785)
- Removal Pending Bridging visa (subclass 070)
- Unauthorised maritime arrivals holding a Bridging E (Class WE) visa
- Humanitarian Stay (temporary) visa (subclass 449), Ukraine nationals can read about Ukraine visa support on the Department of Home Affairs website
- Secondary Movement Offshore Entry visa XB (subclass 447)
- Safe Haven Enterprise visa (subclass 790)
All you need to prepare for Medicare enrolment is the Medicare enrolment form (MS004), a copy of your passport, and your current visa approval letter (or bridging visa approval letter)
For more information please visit:
by adminTemporary Activities 407 Sponsor Obligations
This column will look at the obligations the employer (sponsor) must comply with for the Training visa, subclass 407.
Sponsorship obligations are different for all visas.
For example, the TSS Visa Subclass 482 which also requires a sponsorship, is for the Standard Business Sponsorship (SBS).
On the other hand, The Training visa subclass 407 is for the Temporary Activity Sponsorship. Therefore obligations for the employer are applied differently.
You can see from the table below that the obligations are slightly different depending on the visa subclass.
407 Sponsorship Obligations
2.78 Cooperating with Inspectors
Employers are required to cooperate with Workplace Inspectors. The inspector powers set out in Subdivision F of Division 3A of Part 2 of the Migration act are to:
- Enter business premises or other paces
- Inspect any work, process or object
- Interview any person at an entered premises or place
- Access and make copies of records and document that are kept in premise
- Request for evidence for correctness
2.81 Costs to Commonwealth – To locate and remove an unlawful non-citizen
This obligation is to pay costs incurred by the commonwealth if the 407-visa holder overstays their visa. It only covers costs incurred when the person becomes illegal. A maximum limit of $10,000 is applicable for this obligation.
2.82 Maintenance of records
The employer is obliged to keep certain records for 5 years.
This obligation ends 2 years after the first day on which each of the following occurs:
- The person ceases to be an approved work sponsor or party to a work agreement
- There are no primary sponsored persons employed by the sponsor
- Request for payment of return travel costs
- Details of payment of return travel costs – date, who for, amount
- Details of how the sponsor complied with the requests
- The sponsor ceases to hold the required licence referred
2.83 Provide records and information to the Minister
An authorised departmental officer (as the Minister’s delegate) can request the following information:
- Records that the person is required to be kept under a law of the Commonwealth or State or Territory
- Records required to be kept under regulation
- Work agreement, records or information related to the administration of the work agreement.
2.84 Provide information to the Immigration, Department of Home Affairs
The employer must notify the Department of Home Affairs of certain events:
- Changes to the legal structure of the employer
- If the primary sponsored person fails to participate in the activity which their visa was granted
- the primary sponsored person ceases participation
- Payment of return travel costs of the primary sponsored person
- Cessation or expected cessation of primary sponsored person
2.85 Secure an offer of a reasonable standard of accommodation (In relation to a volunteer role only)
The employer must provide the following to the sponsored person:
- A reasonable standard of accommodation
- Ensure that the sponsored person has accommodation in Australia
Volunteer role, according to sub-regulation 2.57(5) is the following:
- Not receive remuneration for performing the duties of the position other than:
- Reimbursement for reasonable expenses incurred by the person in performing the duties
- Prize Money
- An Australian worker would not otherwise carry out the duties in return for wages.
2.86 Ensure that the primary sponsored person work or participates in the activity in relation to which the visa was granted
2.87 Not to recover, transfer or take actions resulting in another person paying for certain costs.
The employer must not seek to recover or have another person pay for the cost of:
- Obtaining sponsorship approval
- Recruitment of the primary sponsored person
by adminTemporary Sponsored Parent (subclass 870) Visa Conditions
In this column, we will look at the visa conditions for the Temporary Sponsored Parent visa.
The Temporary Sponsored Parent visa was introduced in 2019 and is a visa where parents of Australian Permanent Residents or citizens can legally stay in Australia for a certain period.
We also happen to have a temporary parent visa approval today, just in time to introduce the visa conditions.
If you look at the Visa approval letter from the Department of Home Affairs, the visa period is stated on page 1, and pages 2 to 5 are where the conditions are announced.
It is essential to read the conditions carefully in order not to cause problems with the visa.
Temporary Sponsored Parent (subclass 870) Visa Conditions
▶No work (visa condition 8103)
This condition means that you are not allowed to undertake work in Australia.
However, you can apply for a Tax File Number (TFN) as you are considered a tax resident.
▶ Activity limitation (visa condition 8303)
This condition means that you must not become involved in activities disruptive to, or violence threatening harm to the Australian community or a group within the community.
▶ Maintain health insurance (visa condition 8501)
This condition means that you must maintain adequate health insurance in Australia.
Health insurance depends on personal health conditions and different insurance companies but is generally from $230 a month.
▶ Must leave before visa expiry (visa condition 8531)
This condition means that you are not allowed to stay in Australia beyond the period of stay permitted by your visa.
▶ Must not engage in criminal conduct (visa condition 8564)
This condition means that you must not engage in criminal conduct during your stay in Australia.
▶ Notify new details (visa condition 8609)
This condition means that you must notify us within 14 days after any change to your personal or contact details (name, address, phone number, email address, passport). You must do this in writing and can use Form 1022 Notification of changes in circumstances (Section 104 of the Migration Act 1958), which is available at Overview (homeaffairs.gov.au)
Let’s look at the visa application process, cost and processing times.
Visa Application Process
There are two processes for the Temporary Sponsored Parent visa.
Step 1: Sponsorship Application
A child who is an Australian Citizen or a permanent resident applies for a sponsorship application.
Step 2: Parents apply for the Temporary Sponsored Parent visa subclass 870
Both sponsor/ visa applicants must meet the eligibility criteria to apply.
Visa Cost
- Sponsorship Application – $420
- Temporary parent visa up to 3 years – $5,090
- Temporary parent visa up to 5 years – $10,000
The visa application charge is payable in two instalments, with one payment at the time of application and the remainder paid prior to visa grant.
(As of August 12, 2022)
Processing times
As for visa processing times, it may take a minimum of 3 months to complete the visa process after receiving the sponsorship approval.
This is the current visa processing period listed in the Department of Home Affairs.
According to the announcement in August 2022, unlike the Contributory Parent visa and Parent visa, which can take from 40 months to a maximum of 30 years, the Temporary Sponsored Parent (subclass 870) visa has the advantage of faster visa processing. It allows you to stay in Australia for up to 10 years, with the requirements not being too strict.
Moreover, sponsors do not require Family Balance Test condition when applying for a Temporary sponsored parent visa. Regardless of the number of siblings, just at least one child must be living in Australia after obtaining permanent residence or citizenship, with a minimum income of AUD 83,454.80 (standard set by the Ministry of Immigration, as of August 12, 2022,), can apply for sponsorship.
If you have any further questions about the temporary parent invitation visa requirements or would like to consult, please contact Mosaic Migration.
by adminHow long do I have to wait for a Parent Visa?
This column will be about the new announcement of visa processing times for Parent visas.
According to the Department of Home Affairs, due to the COVID-19 Pandemic, visa processing has been significantly delayed.
Even in our clients’ case, as there were travel restrictions after the COVID-19 Pandemic, there were many inquiries about Parent visas to invite them to Australia. Due to COVID, many people in Australia cannot meet their parents abroad for at least 2-3 years.
The summary of the announcement is as follows.
As of 30 April 2022, they have released for final processing:
- Contributory Parent visa applications with a queue date up to July 2016
- Parent visa applications with a queue date up to October 2010
- Aged Parent visa applications with a queue date up to December 2012
The Department is required to process Parent and Contributory Parent applications in date order and within annual limits. The current onshore and offshore processing times in both Parent and Contributory Parent categories are very different, and the Department has announced that it is taking action to correct them.
→ Onshore Contributory Parent (Subclass 884 and Subclass 864) visa subclasses have been assessed up to February 2017. Onshore Contributory Parent visas lodged from February 2017 onwards will likely take longer to process to bring the offshore applications back to parity.
→ Onshore Aged Parent (Subclass 804) visas have been assessed up to Queued Date of December 2012. Onshore Aged Parent applications with a Queued Date of December 2012 are likely to take longer to process to bring the offshore applications back to parity.
→ All Contributory Parent visa applications lodged before 1 June 2018 have been given a queue date of the application lodgment date, and applications lodged on or after 1 June 2018 are assessed and given a queue date when it meets the initial visa criteria.
Processing times
- New Contributory Parent visa applications lodged that meet the criteria to be queued are likely to take at least 67 months to be released for final processing.
- New Parent and Aged Parent visa applications lodged that meet the criteria to be queued are likely to take at least 30 years for final processing.
According to the announcement, people feel inconvenienced and dissatisfied because even though the Contributory Parent Visa requires a contribution of $50,000, it takes 5-6 years. And the Parent Visa takes up to 30 years.
Regarding visa processing time, the new Temporary Parent Visa (subclass 870) introduced in 2019 may be a better option. The Temporary invitation visa allows you to stay in Australia for up to 10 years.
A temporary Parent Visa (subclass 870) has different requirements from Parent Visas, so if you have any questions regarding the temporary parent visa, please get in touch with Mosaic Migration & Education. We will guide you in detail.
by adminPartner Visa: Important Points
This column will learn about the Partner Visa subclass 820/801 (onshore) and 309/100 (offshore).
Subclass 820/801 (Onshore) – Applying in Australia
Subclass 309/100 (Offshore) – Applying outside Australia
Partner visa number changes depending on the location of the applicant when applying for a visa, and there are pros and cons in the two visa types.
If applying within Australia (onshore), the applicant must hold a substantive visa at the time of application.
*Substantive visas are all visas except bridging visa, criminal justice visa and enforcement visa*
For onshore applications, a bridging visa is issued, and even before a permanent residency is granted, they can receive Australian Medicare benefits while waiting for the visa grant.
A partner visa requires the applicant to have a genuine relationship with an Australian citizen, permanent resident, or an eligible New Zealand citizen. The relationship must continue until the date the visa is granted.
*Exceptions apply (Domestic Violence, Partner passed away etc.)*
So, what is a Partner relationship, and how do we prove it?
The Australian Immigration law divides partner relationships into Spouse and De Facto relationships.
A spouse Relationship is when you are legally married and,
A De Facto Relationship is a Common-law relationship and generally requires that you have lived together for at least 12 months and maintained an exclusive relationship.
For a De Facto relationship, a Civil Partnership Registration Certificate is often used as an alternative to the 12-month residency requirement.
It would be nice if a Marriage Certificate or a Civil Partnership Registration Certificate could prove a Partner relationship. Still, as required by the Australian Immigration Law, you must submit sufficient supporting documents for the four types below to prove a genuine relationship.
- Financial Aspects of the relationship
- Nature of Household
- Social Aspect of Relationship
- Nature of commitment to each other
There are cases in which the visa examination is delayed or rejected if there are insufficient supporting documents for the four types.
Examples of specific evidence for the four types are:
| Financial aspects of the relations | · Joint mortgage or lease documents · Joint loan documents for major assets like homes, cars, or major appliances · Joint bank accounts Statements · Household bills in both names |
| Nature of Household | · Household bills in both names · Mail or emails addressed to you both · Documents that show joint responsibility for children · Documents that prove your living arrangements |
| Social Aspect of Relationship | · Joint invitations or evidence you go out together · Proof you have friends in common (group photos) · Proof you have told government, public or commercial bodies about your relationship · Proof you do joint sporting, cultural or social activities together · Proof you travel together |
| Nature of commitment to each other | · Proof you have knowledge of each other’s background, family situation or other personal details. · Proof you have combined your personal matters · The terms of your wills · Proof you stay in touch when apart |
Other evidence includes a statement of relationship, Form 888 (from two or more people who are Australian citizens or permanent residents), photos and travel records.
The Partner visa is not a simple visa that can be granted just with the fact that the applicant and sponsor is married or in a Common-law marriage.
Please contact us if you are preparing for a partner visa and need professional advice.
In the next column, we will take a closer look at the points to be aware of when applying for a partner visa through real cases in which the partnership was maintained, but the visa was rejected.
by adminAustralian Visa Application Charge to increase by 3% from 1 July 2022
From July 1st, 2022, it has been announced that the Australian Visa application fee will be increased by 3% roughly reflecting the CPI index.
The changed application fee will be effective from July 1, 2022.
For more information visit:
Migration Amendment (Visa Application Charges) Regulations 2022 (legislation.gov.au)
by adminWhat is Subclass 407 visa?
In this column, we will look at the subclass 407 training visa.
The 407 visa, commonly referred to as a Training visa, is a visa that allows people with limited skills to reside in Australia for the purpose of training under an employer sponsored visa.
The 407 Training Visa has 3 streams:
1. Workplace-based training
2. Structured workplace-based training
3. Training that promotes capacity building overseas
From the 3 streams, we will take a close look at the most applied Structed workplace-based training stream.
This stream provides up to two years of work experience in Australia. Those who lack more than two years of work experience, normally required for a Subclass 482 Temporary Skill Shortage (TSS) visa, can go through the training period of a 407 visa to satisfy career requirements.
Advantages of 407 Visa
- No Skilled Assessment Required
- Low requirement for English Score
- Live in Australia for up to 2 years
- Bring eligible family members (such as partner and children)
- Apply both onshore or offshore
General visa requirements for 407 Visa
- Be 18years or older
- Must be sponsored
- Functional English Skills – IELTS 4.5 or higher
- Skill Included in the list of occupational groups applying for 407 visas
- Are able to support themselves (and accompanying family members) financially
- Meet health and character requirements
The 407 visa process generally involves of 3 stages:
- Sponsorship application
The sponsoring organisation must meet the qualifications for issuing a visa and become an approved ‘Temporary Activities Sponsor’.
It must also be an organisation or company legally operating in Australia and capable of providing relevant work for at least 30 hours per weeks.
- Nomination application
A Nomination is required to be lodged by a sponsoring organization (unless where the sponsoring organisation is a Commonwealth agency) and the requirement differs based on the nomination eligibility types.
For Occupational Training To Enhance Skills stream, only the occupation specified on the Skilled Occupation List are eligible for occupational training are eligible for training. The training program must be strucuted to meet the specific training requirements and must include a minimum of 30 hours of training per week of which at least 70% must be conducted in the workplace. Applicant’s prior or related experience may be considered prior to approving the Nomination.
- Visa application
In the visa application, the applicant need to demonstrate that they satisfy the visa criteria, including age, skill, English Languagae competency, health and character.
For more information, please contact us.
In the next column, we will look how to prepare for Partner Visa through partner visa refusal cases.
by adminWhy Timing Matters when Applying for State Sponsorship
In this column, we will look at the number of migrants allocated to the State by the Australian Federal Government every fiscal year and the importance of timing when applying for a State Sponsorship.
According to our previous column, ‘2023 Federal Prospects Budget’ uploaded on April 20, 2022, we can see that the number of the Business Investment visa was decreased by 4,000 more from the previous year, 13,500 places, with 9,500 places now.
My L, planning to immigrate to Australia on a 188 Business Visa from Korea, read our columns and had his first consultation with us through Kakao Talk on March 28.
During the consultation, due to time constraints such as preparing documents, we expected to apply after July 1, 2022, when the next fiscal year starts. However, After the announcement of the 2023 Federal Budget on March 30, of 4,000 places decreasing in the 188 Business Visa, our Mosaic Team strongly recommended Mr L to apply before the end of this fiscal year 2022 despite the short time frame. Based on Mosaic Migration’s long experience and belief in putting customers as our top priority, Mr L accepted our proposal. On April 14, we signed a 188-business visa client service agreement and officially started filling out questionnaires and preparing documents.
Mr L, who actively prepared for the EOI application in a short time, submitted his EOI (Expression of Interest) on May 4, and the Queensland State Government accepted the Initial Invitation on May 10. The Nomination was approved two weeks after the Invitation to lodge on May 23 without any further questions or additional document requests. The case has been processed very quickly and receiving a nomination after 5 weeks of signing the Client agreement is rare.
During the whole period of receiving the Nomination and signing the Client Agreement Contract on May 23, 2022, we could never have face-to-face consultation because Mr L was in Korea. But thanks to trusting in our company and actively following our suggestions, we were able to get good results in a short amount of time.
The deadline for State Sponsorships for each visa may vary as each State receives a State Quota from the Federal Government and must exhaust all places within the Fiscal Year. For example, on May 6, 2022, the State of QLD announced that they would no longer accept EOI (Expression of Interest) for Provisional Skilled Immigration Programs (subclass 190 and subclass 491). However, since the Business and Investment visas did not meet their allotted amount this year, Mr L could get State Sponsorship on May 10.
For reference, Victoria has no longer received applications after 5 pm April 29. And In the case of South Australia, they announced on June 7 that they would no longer accept applications for state Sponsorship of the fiscal Year 2022 on these dates for the following visas.
- Business Visa until June 9, 2022, 4:00 pm
- Investment Visa and Large investment visas until June 2, 2022, 4:00 pm
- Offshore Sponsorship for Independent Skills Immigration until June 9, 2022, 4:00 pm
- Onshore applications until June 23, 2022, 4:00 pm
As such, each State may not receive an invitation for EOI (Expression of Interest) and State Sponsorship for that Fiscal Year at any time, even before the end of the fiscal year, if the allotted places are met. Therefore, when preparing for visas that need State Sponsorship like the subclass 188 Business and Innovation Visa, the timing of submitting the EOI (Expression of Interest is also very important.
The new Fiscal Year begins on July 1, 2023 but given the past three years that States have started accepting letters EOIs in October and November, we are not sure when the State will begin receiving EOI in the new Fiscal Year 2023. A few states are still accepting EOI in fiscal 2022 for Business investment visas, so we hope those who wish to file in the fiscal year 2022, with about a month left, do as soon as possible.
In the next column, we will discuss the 407 visa.
by adminCase Study – 188 Investor Visa Application by changing State
This column will look at a visa application case made possible by changing the State for State Government Sponsorship.
Our Client, Mr R, applied for the State Sponsorship before the new 188 Business and Investment visa conditions were announced on July 1, 2021. However, because of the new requirements from July 1, 2021, he had to change the State for State Government Sponsorship to apply for the 188 Investor Visa.
Mr R, wanted to apply for an investment visa through the New South Wales sponsorship and signed the first contract in December 2020. After preparing for about 2 to 3 months, he applied for the State sponsorship. However, they did not receive State sponsorship until June 30, the end of the fiscal year 2021, and had to submit a new letter of intent under the terms and conditions changed after July 1, 2021.
The Australian 188 Business Investment visa eligibility requirements generally described in our column are conditions that 188 visa applications must meet under the requirements of the Australian Federal Government. However, a State Sponsorship must be obtained to apply for the visa. Each State often has additional requirements to select the most suitable applicants. For example, immigrants who wish to do business or live in urban areas such as Sydney, Brisbane, or Melbourne, require a higher application score and higher investment requirements and assets than immigrants who settle and plan to do business or investment in rural areas.
Even under the conditions raised after July 1, 2021, Mr R could obtain enough points to submit a letter of intent. However, because NSW changed its age qualifications to under 50, Mr R, who was 54, could not receive a state sponsorship because of age restrictions.
While preparing for the visa together, we suggested changing the State government to Queensland, considering his plans, business tendencies and lifestyle. Mr R positively accepted our suggestion, received the letter of intent within 1 week, and successfully applied for the 188 Investor visa.
After receiving the Queensland Government Sponsorship successfully, he was able to lodge his 188-visa application. Mr R, who was 54 at the time of application, may not have been able to apply for the 188 Investor Visa if he had not fully understood the different requirements of each State’s visa and had not trusted us and accepted the offer positively. Moreover, because of the age limit, he may not have expected to apply for the 188-investment visa.
Compared to the past, each State government has more stringent and specific requirements when selecting suitable immigrants for the development direction of the State Government. It is essential to take the advice of a migration agent who clearly understands the basic business investment visa requirements and the State requirements to which you wish to immigrate before making your immigration plan.
In the next column, we will examine the correlation between the number of immigrants allocated by the federal government to the State and the timing of application through the case of Mr L, who obtained state sponsorship in May 2022.
