Petty Sampson

07/12/2024

Update from Department of Home Affairs

"Frequent Traveller Stream (FTS) visa eligibility has expanded!

From today, eligible passport-holders from Association of Southeast Asian Nations (ASEAN) Member States and Timor-Leste can apply for a FTS visa.
The Frequent Traveller Stream of the Visitor (subclass 600) visa allows for stays up to three months over grant periods up to 10 years. All applicants will need to meet the relevant criteria and will be assessed on a case-by-case basis."

This visa lets you:
cruise or have a holiday
visit family or friends
undertake business visitor activities
study for up to 3 months

Contact me for more details.

07/12/2024

Information from Department of Home Australian Department of Home Affairs website - 7 December 2024

Smoother Road to PERMANENT RESIDENCE for
skilled sponsored workers

Skilled migrants in occupations of national shortage now have a smoother path to stay in Australia permanently.

From 7 December 2024, changes have been made to the Employer Nomination Scheme (subclass 186) visa.

The changes relate to the Employer Nomination Scheme (ENS) Temporary Residence Transition (TRT) and Direct Entry (DE) streams. They deliver on the Government’s commitment to offer clearer pathways to permanent residence, as outlined in the Migration Strategy.

Changes to Temporary Residence Transition stream

Applicants can count all periods of sponsored employment towards their 2-year work experience requirement. This does not just apply to employment with their sponsor.

Applicants who have been employed in a related field or received a promotion can count this work towards the work experience requirement.

Applicants are required to provide evidence they meet the work experience requirement, rather than the nominating employer.

The Core Skills Income Threshold (CSIT) replaces the Temporary Skilled Migration Income Threshold (TSMIT). This is the same amount of AUD73,150, indexed annually.

Age exemptions under the Temporary Skill Shortage visa still apply under the Skills in Demand visa. These include exemptions for regional medical practitioners and high-income applicants. Without an exemption, applicants need to be younger than 45 at the time of application.

Changes to the Temporary Residence Transition stream do not extend to the Regional Sponsored Migration Scheme (subclass 187). This visa closed in 2019, except for certain transitional groups who can access the program in limited circumstances. This access continues for those eligible.

Changes to Direct Entry stream

A modernised single Core Skills Occupation List (CSOL) applies to this stream:

https://immi.homeaffairs.gov.au/Documents/core-sol.pdf

This replaces the Medium- and Long-Term Strategic Skills List. The CSOL is based on labour market analysis and Jobs and Skills Australia stakeholder consultation. It includes occupations in sectors such as:

construction
cyber security
agriculture
health and education.

The CSIT also applies to this stream. It will replace the TSMIT at the same amount of AUD73,150, indexed annually.

28/10/2024

Bringing minors to Australia to play professional sport

There is an increasing trend around the world for minors to be contracted as professional sports players, particularly in the very lucrative market of soccer. Securing and nurturing talent is a key component to a club's success. Signing a non-citizen player is something that some clubs don't want to venture into as they think the process is too hard or not achievable. It is not. With the right advice from me it can be very successful for the player and the club.

Australian migration legislation ensures that the best interest of the child is protected and that minors do not face risks of child labour, forced migration and other exploitative practices. The checks and balances in place offer a high level of safety for not only the minor but for the sponsoring club.

Getting a relevant visa for these minors to come to Australia involves a number of issues to consider and certain requirements to be met:

Does the law of the home country allow them to leave?

Will they be accompanied by a parent/ guardian?

If not, who will they stay with in Australia? A non-relative? Will this person be responsible for the support and general welfare of the minor during his/her stay?

What visas are available for the parent/guardian to travel to Australia?

If you are considering offering a sports contract to a non-citizen minor, please reach out to me for clarification on the requirements.

16/10/2024

The peril of not providing relevant documents for a Visitor visa application

The 'humble' Visitor (Subclass 600) visa is one of the most refused applications for failure to satisfy regulation 600.211, namely

The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regard to:
(a) whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
(b) whether the applicant intends to comply with the conditions to which the Subclass 600 visa would be subject; and
(c) any other relevant matter.

The requirement to show that the applicant genuinely intends to stay temporarily in Australia requires evidence that the applicant has a reason to return home. It is not sufficient to simply offer up employment, ownership of assets or family responsibilities as a significant reason.

An Employment Contract shows that you are employed but does not show that the employer expects you to return to your job after your holiday in Australia. Assets that can be disbursed of whilst you are offshore do not demonstrate the need to return. Having an elderly parent who needs care does not mean that you must be physically present. It's really important to think very carefully about the type of documents you are providing and how they provide evidence that you will return to your home country.

One of the additional documents I provide in support of employment is a current letter from the employer stating that the employee is currently employed and is approved to take leave for the relevant dates and is expected to return to work at the end of the vacation. The employer can also add that he/she is aware that the employee is travelling to Australia.

Providing the appropriate documents gives you the best chance of having the visa granted. Always seek advice.

20/08/2024

It is critical for the future of international students in Australia that the Education Services for Overseas Students Amendment (Quality and Integrity) Bill 2024 being debated in the Senate addresses the real problems in the current system and not punish those innocent students who genuinely want to come here to study as a pathway to their future - not simply as a pathway to permanent residency. Those institutions that encourage course hopping with no concern for the long-term impact on the industry need to be held accountable for the appalling immigration legal advice they give to students. I witness first-hand the devastating effects of this when, yet another client sits across from me, in tears, and tells their story of the litany of mistakes made which leave them with little to no future visa options. Afraid to tell parents of the utter mess they are in and with no chance of getting a permanent visa after many years in Australia, they have no choice but to leave Australia and face the shame in their home country. Stating the process again offshore was once an option but now this too is taken away from them. Too many successive governments have turned a blind eye to the rorting of the system by greedy and unscrupulous providers, and whose immigration legal advice on how to remain in Australia (apply for another student visa) only serves their coffers.

26/01/2023

Today is the day that our First Nation's people became displaced people on their own land and have suffered the indignity ever since. Many people are choosing not to celebrate today as their way to show their support. We should not have to suffer the sins of our forefathers who made the cruellest decision to deem this land as Terra nullius (nobody's land). It was some body's land, and still is. Perhaps we could celebrate today as a commitment of what still needs to be done to show respect to our First Nation's people. To all the migrants who are receiving their citizenship certificates on this day, and may feel guilty. Don't. It's not your fault that a day of huge significance to you is held on a day of extreme distress to others. I hope our Government will consider moving the ceremony from this day and find a more respectful way to welcome our wonderful migrants to our beautiful shore.

22/12/2022

Migration Planning level numbers released:

The Migration Program is set annually and is designed to achieve a range of economic and social outcomes. See how many places are available for this year

25/08/2022

My daughter, Ellen. We are very proud parents. She is so dedicated to her sport and works tirelessly to improve. Her tenancity and resilience is really inspiring.

Walford Year 9 student and sailing sensation Ellen travelled to The Hague, Netherlands to represent Australia at the 2022 Youth Sailing World Championships. Competing in the Female Two Person Dinghy event, Ellen and her crew finished in 20th place - a stellar achievement against the world’s best crews. The Youth Sailing World Championships is an under-19 event and in 2022 welcomed over 400 sailors from 67 nations across the globe, and the Australian team finished in 10th place overall. The trip was a fantastic opportunity for Ellen to test her skills against some of the best youth crews worldwide, and now she has her sights set on competing at the 2023 International 420 Australian Championship in January. Walford is so proud of Ellen’s hard work and determination, and we can’t wait to see what lies ahead in her sailing future!

25/11/2021

HELP please. Can any kind soul out there please tell me how I can post on another business page as my page, and not as my FB profile? I'm completely bamboozled! Everytime I go to another business page and try and leave a comment it does so as my personal profile, and not as PS.

Simplified instructions for a tech challenged me are really, really appreciated. I know I don't need to throw my laptop through the window but geez, it's getting close - either that or me 🤓🤓🤓🤓

THANK YOU.

22/11/2021