Art Liew Australian RMA

06/10/2026

As of 2 October 2026, changes to the Subclass 500 Student Visas and 590 Student Guardian Visas announced last week take effect. Firstly though, if you have already lodged a visa application before this date, these changes are not retroactive and will not affect your application. However, if you are onshore and intend to but have not yet lodged a student or guardian visa application, then these changes may affect your ability to so. There are many changes that were made, but are the essential points:

1. Most temporary visa holders in Australia may no longer lodge a student or student guardian visa application (whilst they are onshore), subject to some exceptions. However current subclass 590 Student Guardian visa holders in Australia may lodge a further Student Guardian visa while in Australia. Some exemptions are available, such as sponsored DFAT students, PhD students, primary or secondary school students, students progressing to a higher AQF level course offered by a higher education provider or students who cannot continue their course because the education provider has defaulted.

2. Student visa applicants may no longer add family members as secondary applicants, even if they are offshore, subject to some exceptions. Students may be able to include family members when applying for a Student visa if they are:

- Studying a PhD
- Sponsored by DFAT or Defence
- Receiving a foreign government scholarship
- An eligible student from a Pacific country or ASEAN member country

Current student visa holders can no longer add family members as subsequent entrants effective immediately with no exceptions.

3. A longer specific list of certain types of visa holders in Australia can no longer lodge an application for student visa with no exceptions. These include the following subclasses (all streams):
- 400 Temporary Work
- 403 Temp Work (International Relations) – domestic worker stream only
- 407 Training
- 408 Temp Activity
- 417 Working Holiday
- 462 Work and Holiday
- 482 Skills in Demand
- 485 Temp Graduate
- 600 Visitor
- 601 ETA
- 602 Medical Treatment
- 651 eVisitor
- 771 Transit
- 988 Maritime Crew
- 995 Diplomatic

So, applicants planning to go from, say, a 417 Working Holiday visa to a Student Visa, this is now something that will not be possible whilst you are onshore. If you are unsure of where you stand with these new changes, contact us for a consultation.

Send a message to learn more

25/08/2026

Meet up in Singapore!

Hope Earle is excited to announce that we will be in Singapore on 22 September 2026, to meet and greet anyone interested to find out more about migration and other legal services to Australia (e.g. clients, employers, HR managers). It will be a casual meet up over some alcohol and light bites. Please refer to the attached flyer for details, and RSVP at https://luma.com/uxdcfd34

Capacity is limited so please respond ASAP if you can make it.

Join us for an evening of conversation and connection with professionals from across the legal and business communities. Hear practical insights on migration…

04/08/2026

The Minister of Immigration has issued a new direction under Ministerial Direction 119, to prioritise processing of visa nominations and applications in a certain order. With effect from 25 July 2026, the following are the processing priorities for nominations and visa applications (listed in order from highest to least):

1. Law enforcement or defence - onshore nominees/applicants
2. Law enforcement or defence - offshore nominees/applicants
3. Healthcare, teaching or construction occupations - onshore nominees/applicants
4. All other onshore nominees/applicants
5. All other offshore nominees/applicants

This direction applies to the processing of employer sponsored visas (subclass 482, 494, 186 and 187) as well as skilled migration visas (189, 190, 491, 494), legacy SIV 888 and 489/887 visas.

The message is clear, the Department wants to prioritise applicants who are already onshore, with employment in defence/law enforcement, healthcare, teaching or construction sectors. Offshore applicants have the lowest priority, which will translate to longer waiting periods. The previous direction focuses on regional/healthcare-teaching/ accredited sponsor priority framework, whereas this direction focuses on an occupation-location framework. MD 119 also brings the 482 SID visa into the priority framework and removes regional location and Accredited Sponsor status as standalone priority factors.

Contact me if you need more information.

17/07/2026

At Hope Earle Lawyers, we offer a comprehensive range of Australian immigration advisory services, from visitor visas for domestic helpers to complex s501(3A) visa cancellations that can significantly impact lives. Our clients span various backgrounds, including young individuals seeking to study in Australia and international fashion houses conducting business meetings in their Melbourne boutiques.

Navigating the complexities and rising costs of applying for an Australian visa can be overwhelming. However, my experience indicates that if you present a genuine case supported by strong documentation, your application is more likely to be approved. Carelessness in the application process can lead to many pitfalls, resulting in costly mistakes that waste both time and money.

Let us alleviate the anxiety and apprehension associated with the visa application process through professional guidance, backed by experience and honest opinions. Unlike larger firms, we prioritize individualized, tailored advice to meet the unique needs of each client.

#𝘀𝗸𝗶𝗹𝗹𝗲𝗱𝗺𝗶𝗴𝗿𝗮𝘁𝗶𝗼𝗻

28/05/2026

Partner Visas in Australia

A Practical Guide for Couples
Applying for a partner visa is one of the most important — and often stressful — migration steps a couple can take. In 2026, partner visa applications are assessed under increased scrutiny, with decision-makers focusing closely on credibility, consistency and evidence quality.

This guide explains what couples should know before starting the process, and why careful preparation matters.

What Is a Partner Visa?
A partner visa allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia. Applications are assessed in stages and require applicants to demonstrate that their relationship is:
• Genuine
• Continuing
• Exclusive
• Legally recognised (or meets de facto requirements)

Why Partner Visas Are More Complex Than Many Expect
Partner visas are not simply about proving love or commitment. Decision-makers assess relationships against legal criteria and review evidence carefully.
Common challenges include:
• Inconsistent information across documents
• Gaps in shared financial or household arrangements
• Prior visa history that does not align with current claims
• Generic or poorly prepared relationship statements
Even genuine relationships can be refused if evidence is unclear, contradictory or poorly structured.

Evidence: Quality Matters More Than Quantity
Providing more documents does not necessarily improve an application. What matters is relevance, clarity and consistency.
Evidence typically falls into four categories:

1. Financial aspects – shared expenses, assets, or financial support
2. Nature of the household – living arrangements and responsibilities
3. Social aspects – recognition by friends, family and community
4. Commitment – plans for the future and long-term intentions

Well-prepared applications clearly explain how the evidence demonstrates these elements, rather than leaving decision-makers to infer it themselves.

Your Visa History Still Matters
Partner visa applications are assessed in light of an applicant’s entire immigration history. Statements made in earlier visas — sometimes many years ago — are routinely reviewed.
Inconsistencies between past and present applications can raise credibility concerns, even where there is no intention to mislead. This is why strategic review of prior visa history is critical before lodging a partner visa application.

What Happens If Circumstances Change?
Life does not pause during visa processing. Changes such as:
• Relationship strain or separation
• Pregnancy or children
• Travel needs
• Work or study changes
can affect visa status and options. Early advice is essential in these situations, particularly where lawful status may be at risk.

Why a Careful, Legal Approach Matters
Partner visas involve significant discretion. Low-cost or templated services often focus on form completion rather than legal strategy, leaving couples exposed if issues arise.
At Hope Earle Lawyers, partner visa matters are approached as legal cases, not administrative tasks — with careful review of prior visa history, tailored evidence strategy, and long-term planning. Me and my dedicated team work with couples to:
• Assess eligibility and timing
• Identify risks before lodgement
• Prepare clear, structured applications
• Support clients through lengthy processing periods

Our focus is on quality, clarity and long-term outcomes, not speed or volume. Investing in careful preparation and experienced guidance can make a meaningful difference to both the process and the outcome.

06/05/2026

Australian Work Visa Pathways for Skilled Applicants

There are many options available to a skilled worker looking to work in Australia. However, the pathways can be confusing for potential applicants. Hence, it is important to speak to a migration professional when planning so that money, and importantly, time is not wasted. This article focuses on two broad categories of visas available to a skilled applicant – the General Skilled Migration pathway and the Employer Sponsored pathway. These programs allow a skilled worker to live and work in Australia with a pathway to permanent residency.

Skilled migration program

The skilled migration program is a points-based system where an applicant needs to score a minimum of 65 points to be eligible. This pathway may either require a State to sponsor the applicant (subclass 491 or 190) or may be independent (subclass 189) of State sponsorship but require the applicant to have an occupation and relevant qualifications on a prescribed list. Points are awarded according to several categories such as age, qualification attained, work experience, etc. A positive skill assessment is necessary, and the client must have competent English, meet health and character requirements and be under 45 years old at the time of invitation. The first step in this process is to determine the level of English proficiency by taking an English language test such as IELTS or PTE Academic. This allows the applicant to better gauge their points score. The second step would be to have their skills assessed. Applicants then need to lodge an Expression of Interest (EOI) via the Skillselect portal. Some states like Victoria require a separate application for state nomination. It is essential that the EOI is done correctly as overclaiming points could lead to a refusal at a later stage if the applicant is invited and applies for a visa. An EOI is valid for 2 years from the date of submission and needs to be updated periodically if the applicant’s circumstances change before they are invited to apply for the visa.

The 491 visa is a temporary visa that allows a State or Territory to sponsor an applicant who is interested in living and working in a regional area of Australia, which is pretty much anywhere outside of metropolitan Sydney, Melbourne or Brisbane. The applicant is required to have an occupation in the prescribed lists. This pathway allows a holder to obtain permanent residency via the 191 visa after a period of 3 years living and working in a designated regional area. The 190 visa is a permanent visa, as is the 189 visa. The 190 requires sponsorship by a State or Territory and an occupation that is listed on the STSOL or MLTSSL list, whereas the 189 visa may be applied for independently of any sponsorship but requires an occupation listed only on the MLTSSL.

Employer Sponsored Program

This program allows Australian employers to sponsor workers to fill positions in their business where there is a genuine shortage of labour. The common visas in this program are the 482 Skills In Demand visa, and the 494 Skilled Employer Sponsored Regional visa.
Both the 482 and 494 are temporary visas with pathways to permanent residency via the 186 Transition Stream or 191 visa. These visas involve three stages:
i. The employer getting approved as a business sponsor
ii. The employer nominating the applicant and position to be filled
iii. The applicant lodging the visa application

Applicants must have suitable skills and qualification, meet English language, health and character requirements, and the position must be listed in an occupation list. The applicant must be offered a salary that meets the market salary rate or an income threshold that is revised on an annual basis.

Contact us for more information!

06/05/2026

It's coming to the time of the year where, in Singapore, the mid year school holidays will be upon us. Many families travel to Australia, and some may want to bring their domestic helper. If this is you, your helper will need a visa to accompany the family. I have experience in many such applications, and know the threshold for types of evidence you need to provide the Department of Home Affairs to get the visa. Contact me for more information on this. Do this ASAP if you are planning on visiting Australia in June, as it may take several weeks to get the visa.