This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

What is the Australian Permanent Parent Visa?

As an Australian permanent resident or citizen, one of the most cherished desires is to have our parents close by, sharing in the joy of our lives. The current visa system has provisions where some Australian citizens and permanent residents can sponsor their parents for Australian permanent residency. However, recent announcements and latest news coming from Home Affairs Minister Clare O’Neill indicates significant changes on the horizon for the permanent parent visa offerings. Note no changes have yet been legislated, thus the specifics remain unclear, but the possibility of introducing a lottery system has been mentioned. If you’ve been contemplating lodging a parent visa application, it’s crucial to act promptly as the current avenues may not be available in the foreseeable future.

The Current Scenario

There are different types of Australian parent visa options. The existing permanent parent visa options require that the applicant’s meet the balance of family test. That means, from the number of children the visa applicant(s) have, at least half of those children need to be Australian permanent residents / citizens for a permanent parent visa to be possible. Other criteria include health, character and assurance of support. 

Upcoming Changes

While the Home Affairs Minister has expressed intentions to reform the current parent visa offerings, exact details regarding the nature and timeline of these new changes have not been disclosed. This potential shift might have significant implications for parents seeking to join their loved ones in Australia on a permanent basis.

Uncertainty Looms

As the proposed changes to the parent visa system remain ambiguous, it is crucial for those considering lodging a parent visa application to act promptly. The uncertainty surrounding future visa options could lead to a situation where current pathways may be limited or even discontinued. Consequently, applicants might face challenges in permanently reuniting with their families in Australia if they delay their applications.

Secure Your Options Today Navigating the complexities of the Australian visa system can be challenging, especially when facing potential changes. Our team of experienced immigration lawyers/registered migration agents is here to assist you with your parent visa journey. We understand the importance of family and the desire to bring your parents closer to you. Contact us today for a free initial assessment of your options. Our experts will guide you through the process, ensuring you take advantage of the current visa pathways while they are still available if you are indeed eligible.

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

Queensland Civil Partnership Registration is done through Registry of Births, Deaths and Marriages.

Please note that registering a relationship with Births, Deaths and Marriages has a similar legal affect to marriage, and you should get independent legal advice about registering a relationship. A link to their website with further information can be found here.

The process of registering your civil partnership is free, however there is a cost for the issuance of a civil partnership certificate which is required by the department. The registry does not automatically issue a certificate, you must apply and pay for one separately (can be requested at the time of registration). Currently the fee for a Standard Civil Partnership Certificate is $54.40 (as of July ’24). There is also an urgent application fee of $32.20 which may be applicable in some cases.

You can apply for your Civil Partnership Certificate either by post or in person. If you need your certificate urgently it is best to apply in person to avoid delays.

The process for registering your civil partnership:

1. Complete the online registration form here
2. Choose how you want to pay for your certificate.
3. Review your details on the application form once completed. You will then be sent an email with details on how to finalise your application.
4. Download and print the form and collect copies of your proof of ID and supporting documents along with the originals ready to get them certified.
5. Have all documents witness and certified by a JP
6. Post in your application and proof of payment OR go in person to submit and pay for your certificate (see below for further details).

Registering in Person (Urgent Application):

1. Your application can be lodged at the Brisbane registry customer service centre at Level 32, 180 Ann Street, Brisbane, you will need to use their self-serve kiosk. If you ordered and paid online bring your order receipt number. You will also need to show your original proof of ID and other supporting documents (if needed).
2. If you live outside the Brisbane city area, bring your order receipt number (if you paid online) or a completed application form with your proof of ID and other supporting documents (if needed) to one of the agents at a Queensland Magistrates Court or Queensland Government Agent Program (QGAP) office (except the Brisbane Magistrates Court). Best to phone ahead to ensure you do not need an appointment and double check you have all necessary paperwork prepared to bring with you.
3. If only one of you can make it to the Magistrates Office, then you will need to take the forms, proof of ID and supporting documents (copies and originals) to a JP (Justice of the Peace) who can complete the necessary statutory declaration and witness all the documents with you both. Alternatively, if you can both make it to the office you can take the originals with you straight to the Magistrates Office without seeing a JP first.
4. When presenting your paperwork to the attendant at the Magistrates Office, ensure that you request a Standard Partnership Certificate and pay the fee (currently $54.40) if you haven’t prepaid online.
5. Once payment is made you should receive a receipt. You can use this receipt to submit with your application while you await the certificate to come in the mail.

Mailing your Application Form (Non-Urgent Application):

1. Once you have all certified copies and witnessed paperwork together, visit the link here: certificate order form. Complete the order form (when it asks Is your civil partnership registered in Queensland? select YES) and make payment for the relationship certificate via the online payment portal.
2. Print the proof of payment and attach to your application.
3. Ensure you mail all required paperwork and proof of payment to:

Registry of Births, Deaths and Marriages
PO Box 15188
CITY EAST   QLD  4002

Turn around for mailing in your application can take over 1 month.

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

If you have family living in a regional area and a skills assessment for a long-term list occupation (MLTSSL) you may be a candidate for the 491 Skilled Work – Regional (Family Sponsored) Visa.

For the 491 Visa you can live anywhere classified as regional within Australia. Your family sponsoring you must also live in a regional area of Australia. However, you do not have to be settled in the same regional area.

Where is regional?

 All of SA, NT, ACT, and WA are considered regional. Eligible postcodes in the other states are:

Sponsors are considered family if they are your:

• Parent
• Child or step child
• Brother or sister (including step, half or adoptive)
• Aunt / uncle including step / adoptive
• Nephew / niece including step / adoptive
• Grandparent; or
• First cousin

The current trends show you need at least 95 points to secure a 491 (Family Sponsored) Visa. So how can you achieve these points? Well, here is an example:

Those 15 points from your Family Sponsorship sure go A LONG way to helping you achieve your 95 points and reach your PR goal!

Want an assessment of your eligibility for the 491 Skilled Work – Regional (Family Sponsored) Visa?

Contact us today at info@condormigration.com or by completing the enquiry form here

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

We were contacted by a distraught family. Parents and husband were in Australia but wife was overseas and just had a visitor visa refused. Other agents told her another visitor visa application was the best option but immediately we disagreed.

If you have been unlawful in Australia for more than 28 days (like our client was), you need exceptional circumstances for a tourist visa to be granted. The client was pregnant with no support in her home country so the circumstances were exceptional but there were so many factors against the grant of a tourist visa such as: little incentive to return to her home country, previous visa non-compliance, the fact that she had been in Australia for more than 12 month which triggers concerns of DeFacto residency plus we couldn’t exactly say she just wanted to come for a holiday if we wanted to rely on her pregnancy.

Bianca Chisari, Director and Senior Migration Lawyer/Agent MARN1573911 of Condor Migration right away prepared to lodge a medical treatment visa for the client. We can never guarantee the outcome of any visa, but we were confident.

The visa was lodged 19 June and granted on 16 July without any no further stay condition (8503). A huge relief for our client who can give birth in Australia next to her husband and with the support of her parents. On her tourist visa she can also lodge a partner visa so she can become an Australian permanent resident.

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

Medicare, Australia’s ‘free’ health care system, is just one of the things that makes Australia such an attractive migration option. Having a Medicare card allows access to a range of medical services, low-cost prescriptions and free care as a patient in a public hospital. The good news is, even if you are not yet an Australian permanent resident, you may be eligible to receive these benefits. Why is this eligibility during this waiting period so important?

The remaining relative visa, in particular, has a tremendously long waiting period. DIBP have calculated that 835 visas lodged in 2014 are likely to take approximately 50​ years to be processed. So, if you are considering this option make sure to talk to Medicare about your Medicare Entitlements.

Currently, In accordance with the Health Insurance Act 1973, to get Medicare, you will need to demonstrate that:

(a)  You are the holder of a temporary bridging visa and;

(b)  You have applied for a permanent visa (this doesn’t include applying for a parent visa) and;

(c)  You have current authority to work in Australia or;

(d)  Your parent, spouse or child is an Australian citizen or holds an Australian permanent resident visa.

So, most (but not all) remaining relative and carer visa applicants who are in Australia should have access to free health care. The laws change frequently so be sure to talk directly to Medicare about your eligibility as information in this blog is of a general nature only and should not be relied upon for any decision making.

If you aren’t eligible for Medicare based on the above definition don’t forget to read up on Reciprocal Health Care Agreements where limited Medicare access is available to nationals of

• Belgium
• France
• Italy (don’t need to have been living in Italy, but you must be an Italian citizen and meet the other agreement conditions)
• Malta
• Netherlands
• New Zealand
• Norway
• Ireland
• Slovenia
• Sweden; and
• United Kingdom

Each countries RHCA has different terms and conditions so be sure to get advice directly from Centrelink before relying on any third-party information. This link here may help: https://www.humanservices.gov.au/individuals/services/medicare/medicare-card#group-120

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

Typically, if you are in Australia and have lodged an application for a permanent visa you are able to access Australia’s ‘free’ health care system, Medicare.

Unfortunately, as with most things in life there is an exception to almost every rule.

In accordance with the Health Insurance Act 1973, those applying for permanent residency under a parent visa are not entitled to Medicare for the entire period that they are waiting for the decision of their visa application. Eligibility for Medicare occurs only after the parent visa is granted and when the parent is residing in Australia (can’t just fly over for medical treatment and live elsewhere permanently).

Of course, there is even an exception to that rule too! Certain parent visa applicants in Australia who are citizens of a country that has a reciprocal health care agreement (RHCA) with Australia may have limited access to Medicare services.  These countries are listed below and the RHCAs can also be accessed by people in Australia who are not applying for a parent visa.

• Belgium
• France
• Italy (don’t need to have been living in Italy, but you must be an Italian citizen and meet the other agreement conditions)
• Malta
• Netherlands
• New Zealand
• Norway
• Ireland
• Slovenia
• Sweden
• United Kingdom

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

Centrelink is Australia’s welfare system. Quite a generous system many would say. First things first, Centrelink is the only Centrelink expert, and you should only rely on information that you get from them not from third parties (even us). That said, we understand that Centrelink entitlements are an important aspect in making migration decision, so we want to point you in the right direction.

Typically. newly arrived residents will need to wait 104 weeks before they are entitled to receive payments or use services from Centrelink. Centrelink also has Job Search facilities which may have no waiting period. The residency waiting period is calculated on how much time you have physically been living in Australia for.

However, there are many exceptions. You will not typically need to wait if you are:

• An Australian citizen
• Arriving as part of a refugee or humanitarian program
• A family member of a refugee or humanitarian migrant
• A holder of a specific visa subclass and claiming certain payments (specifically 852, 104, 116, 806, 836, 060, 070, 449, 785, 786, 790)
• Seeking specific family assistance payments such as Family Tax Benefit, Child Care Benefit and Child Care Rebate.

Additionally, if seeking an Australian pension (Age pension, Disability Support pension or Carer payment), you may not need to fulfill the residence time requirement if you lived in a country that has a social security agreement with Australia. These countries are listed below.

• Austria
• Belgium
• Canada
• Chile
• Croatia
• Cyprus
• Czech Republic
• Denmark
• Finland
• Germany
• Greece
• Hungary
• India
• Ireland
• Italy
• Japan
• Korea
• Latvia
• The former Yugoslav Republic of Macedonia
• Malta
• The Netherlands
• New Zealand
• Norway
• Poland
• Portugal
• Slovak Republic
• Slovenia
• Spain
• Switzerland
• United States of America

 Please speak with Centrelink for their confirmation and do not make any decisions based on this overview.

Earlier this year it was announced that from 1 July this year 2017, the Department would require that before a partner visa can be lodged, the sponsor had to first go through an application and approval process. This change is quite drastic as it would impact applicants looking at lodging Partner visa applications onshore, where their current visa will soon expire and they need their bridging visa issued ASAP. Recently the Department did a backflip and decided that this change would not be implemented as announced, or at least it will be implemented, they just haven’t announced a specific date. Whilst this is a good thing for applicants, making it easier to get bridging visas, it is a further example of just how complicated dealing with the Department is and how laws can be one way today and completely different tomorrow.

What is concerning is that not all migration agents / lawyers knew about this announced change at all! When choosing a migration agent make sure they are on top of their game, don’t leave your life in the hands of a non-expert. Unfortunately, registration alone does not guarantee quality representation.

The Bill proposing the new regulations is currently before the Senate and as such has not been enacted. It is likely to not come into effect until 2018. It will allow the Department to introduce enforceable sponsorship undertakings and gives the ability to refuse sponsorships based on criminal history or failure to comply with the requirements. The new process will make it mandatory for sponsors to provide police clearance certificates when the sponsorship is lodged.

It is recommended to take advantage of the deferral of these changes and to lodge your partner visa application as soon as you are eligible (hopefully prior to 2018). Here’s an insider tip, there isn’t actually a 12 month relationship requirement like the Department’s website makes it sound like.

Thinking of applying for a Partner Visa? Want more information about your eligibility? Book a free consultation with Cornerstone Migration to check your eligibility. Call 07 3062 0961 or Skype/email:
info@condormigration.com.

Are you in a relationship with a Kiwi?

The New Zealand Citizen Family Relationship visa is intended for family of New Zealand citizens staying outside geographical territory of New Zealand and living in Australia. It is a five-year temporary visa that allows someone who is not a New Zealand citizen to study, work and live in Australia with a family member who is a New Zealand citizen who either holds or is eligible to hold a Special Category subclass 444 visa.

Relationship Matters

Let us identify first based on the checklist below:

Evidence of your relationship with the New Zealand citizen.

• Certified copies of birth certificates for each person claiming a relationship with the New Zealand citizen
• Marriage certificates
• Death certificates
• Adoption certificates
• Family status certificates or family books (if these documents are officially issued and maintained)

Evidence that the New Zealand citizen holds or is eligible for a Special Category visa (subclass 444)

• Certified copy of the New Zealand citizen’s birth certificate
• New Zealand passport

Eligibility

Now let’s move on to know if you are eligible or not. You might be able to get this visa if:

• You are not a New Zealand citizen
• You are a member of the family unit of a New Zealand citizen
• Your New Zealand citizen family member is not an Eligible New Zealand Citizen
• Your New Zealand citizen family member is living in Australia on a Special Category visa (subclass 444) or will be travelling with you to Australia and will be granted a Special Category visa (subclass 444) on arrival

It is highly noted to also consider the following:

• Health examinations which will depend on your personal circumstances, including your period of stay, country of citizenship, time spent in another country during the last five years and your intended activities in Australia. The results of your health examinations are generally valid for 12 months.
• You will need to provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age, as part of character requirements.
• No outstanding debts to the Australian Government or have arranged to repay any outstanding debts to the Australian Government for this visa can be granted.

We can assist you with the preparation of the documents for lodgement of the application. Should you wish to check with your eligibility for the 461 visa, give us a call on 07 3062 0961. Skype and email: info@condormigration.com.

Because at Condor Migration, our expertise will bring you a step closer.