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ADOPTION VISA – Australia (Subclass 102 visa)

The Australian Adoption visa (subclass 102) lets a child come to Australia to live with their adoptive parent. The child can already be adopted or be in the process of being adopted. The adoptive parent sponsors the child for this visa and usually applies on their behalf.

This is a permanent residence visa. If the adoption is through a State or Territory adoption authority, you can lodge the application before the adoption is finalised.

To apply for the Adoption Visa (Permanent) (Subclass 102), the child must be:

  • outside Australia when applying for the visa
  • adopted:

- with the involvement of an Australian State or Territory adoption authority (either under the Hague Adoption Convention, a bilateral adoption with a competent authority of another country, or another adoption agreement)
- under the laws of a country other than Australia and their sponsor or their sponsor's partner has and been living outside Australia for the 12 months before the child applies for the visa

  • sponsored by their adoptive parent or their adoptive parent's partner
  • under 18 years of age when the application is lodged and when it is decided.

The child must also be sponsored by an adoptive parent who is:

  • an Australian citizen; or
  • the holder of an Australian permanent resident visa; or
  • an eligible New Zealand citizen.

What this visa lets the child do

It allows the child to:

  • travel to and stay in Australia indefinitely
  • work and study in Australia
  • enrol in Medicare, Australia’s scheme for health-related care and expenses
  • apply for Australian citizenship (if they are eligible)
  • sponsor eligible relatives for permanent residence
  • travel to and from Australia for five years from the date the visa is granted – after that time they will need another visa to enter Australia

Guardianship of children adopted from overseas

  •  If an adoption is not finalised or if it is not recognised by a state or territory adoption authority when the child enters Australia, the Minister for Immigration and Border Protection will be the guardian of the child. The guardianship powers are delegated to state and territory welfare authorities.
  • The minister stops being the guardian if any of the following occur:

- the child becomes an Australian citizen
- the child turns 18 years of age
- an Australian adoption order is made for the child

Adoptive parents living in Australia

Your relevant Australian State or Territory Central Adoption Authority (STCAA) must be involved in managing the adoption process with the country where the child is living.

If you are considering adopting a child from outside Australia, you should contact the central adoption authority in your State or Territory.

Privately arranged adoptions

Australian STCAAs do not generally support privately arranged adoptions either from in or outside Australia, including the adoption of children who are relatives. They are not able to help children or sponsors to meet the eligibility requirements for granting a visa to an adopted child.

Important: If you want to proceed with an adoption from outside Australia, which has not been arranged by your STCAA, it is strongly recommended you first seek legal advice both in Australia and in the country where the child lives.

Adoptive parents living outside Australia

Adoptions that are undertaken by Australian citizens, permanent residents or eligible New Zealand citizens who usually live in countries other than Australia, and that are arranged without the assistance of an Australian STCAA, are known as expatriate adoptions.

It is important to obtain appropriate advice before embarking on the adoption process.  Nevett Ford Lawyers has expertise in all aspects of the adoption visa process and can provide advice and assistance.

Please contact us today for further information:

Telephone: +61 3 9614 7111

Email: melbourne@nevettford.com.au

Global Talent Visa

On Sunday 18th March 2018 the subclass 457 visa was abolished and immediately replaced with the Temporary Skilled Shortage Visa (TSS visa).  Against the backdrop of this well publicised reform, The Minister for Citizenship and Multicultural Affairs, The Hon Alan Tudge MP announced a further expansion of this program, unveiled as the Global Talent Visa.  The Global Talent Visa will in effect be a new stream of the TSS program that will apply in two different scenarios:

1.       Established business wanting to employ high income earners from abroad with salaries of AUD$180,000 and above; or

2.       For proposed employees of “approved” start-up entities which operates within STEM fields. 

Prior to its abolition, there was widespread criticism that the 457 visa program was no longer fit for purpose and this served as a significant driver for its reform and ultimate replacement with the TSS visa.  So far a lot of focus of the TSS visa has been on the occupation lists and the restrictions in this area however, the mechanics of the TSS visa limit not just the types of roles which are permitted to be filled by overseas nationals, but also to limit the types of businesses that are permitted to use this program.  For many occupations, minimum turnover and minimum existing employee head counts are required before the business can access the TSS program.

These additional limitations can dramatically reduce the options available for start-ups.  Under the Global Talent Visa pathway, there will be no specific occupation limitations however, under both streams, the business will be required to demonstrate that the appointment will have the capacity to pass on skills or to develop other Australian employees.  

The 12-month trial, if successful will allow the visa holders to access Permanent residency in ways that mirror the existing Permanent Residency pathways for TSS visa holders with occupations on the Medium to Long Term visa.  Like all TSS visas, the applicants will be required to meet health and character and have the skills and experience necessary to perform the role. 

Should you have any questions about the above information or if you want to discuss how your business can access these arrangements in more detail please do not hesitate to contact us for a confidential discussion on (03) 9614 7111 on send us an on-line enquiry.

Temporary Skill Shortage visa (TSS Visa) and Skilled Occupation Lists (SOL)

The Skilled Occupation List (SOL) is a list of skilled occupations that are in demand.

Occupations on the SOL List are assessed on an ongoing basis with new roles being included and removed from time to time (Immigration has confirmed that the list will be revised every 6 months).

The new Temporary Skill Shortage (TSS) visa (subclass 482) will come into effect in March and will replace the 457 program.

The TSS visa will still allow skilled workers to come to Australia to help fill a legitimate skills shortage. But this new type of visa will have fewer eligible skilled occupations than the 457 visa.

The Short-Term stream of the TSS visa will allowing an individual a stay of up to two years, and a Medium-Term stream will allow a stay of up to four years. The occupations will now be divided into the Short Term Skilled Occupations List (STSOL) for those applying under the Short-Term stream and the Medium and Long-term Strategic Skills Occupation List (MTSOL) for those applying under the Medium-Term Stream.

These new occupation lists for the new Temporary Skills Shortage (TSS) visa, along with the Employer Nomination Scheme (ENS) 186 visa and Regional Sponsored Migration Scheme (RSMS) 187 visa will be published in March 2018.

The Short-Term stream visa is renewable only once in Australia. 

The Medium-Stream visa holders may renew their visas onshore and may apply for permanent residence pathway after working for three years in Australia.

Tighter regulations

These new visa streams will have stricter requirements attached to them, and this includes higher English language capability, work experience requirements, additional character, anti-discrimination and training requirements and salary rates in line with current Australian market rate salaries. There will also be strict Labour Market Testing (LMT) requirements which means business sponsors will have to test the local labour market before taking someone from overseas.

If you require further information or advice please contact the experienced team at Nevett Ford Lawyers.