NEWSLETTER No. 44 – March 2014

Welcome to the Commonwealth Immigration Newsletter.
One visa subclass for Australia that is often overlooked by applicants is that of subclass 489, Skilled Nominated or Sponsored (Provisional).
This is a 4 year visa which allows the applicant to apply for permanent residence after living in designated area of Australia for 2 years and working for 1 year.
Applicants can be sponsored by a state government or by a relative living in a designated area.
One crucial difference is that the applicant does not need to work in an occupation on the Skilled Occupation List but instead occupations on the much broader Consolidated Sponsored Occupations List (CSOL) can be included.
Your relative must live in a designated area of Australia which includes all of the following states / territories; Western Australia, South Australia, ACT, Tasmania, Northern Territory, Victoria.
New South Wales is included apart from Sydney, Wollongong and Newcastle.
Queensland is included apart from the Brisbane metropolitan area.
The following relatives are eligible to sponsor for this subclass;
  • Parents
  • Brothers and Sisters
  • Uncles and Aunts
  • Nephews and Nieces
  • First Cousins
  • Grandparents
If you are interested in applying for migration to Australia, then please contact us so that we can check your eligibility.
Australia info page;
There have been several recent developments in UK immigration law as follows;
  • An increase in the level of maintenance funds required for applicants and dependants in Points Based applications such as Tier 1 and Tier 2.
  • The government deciding to close the Tier 1 General extension category in 2015 and close Indefinite Leave to Remain for Tier 1 General applicants in 2018.
  • Tier 2 visas will be able to be issued for up to 5 years
  • New visa application centres are being introduced outside the UK to facilitate those applying for UK visas. These new centres are being introduced in the following countries; Australia, South Africa, India, Bangladesh, Hong Kong, Italy, Egypt, Jordan, Canada and Fiji.
  • The Court of Appeal has been hearing the MM case on the legality of the UK spouse minimum income rules. This important case will have a huge bearing on UK family migration applications. However, judgement is not expected for up to 3 months.
UK – British citizens using EEA law
Recent cases held in the European Court of Justice (ECJ) have reaffirmed the rights of British citizens to use EEA law to bring a family member back to the UK. This type of application is commonly referred to a “Surinder Singh” application, after the case that established this. The recent ECJ cases have stated clearly that this route is open where the British citizen moves to another EU member state to exercise their EU Treaty Rights.
The key development in these recent cases is that this can include any exercise of EU Treaty Rights and is not limited to working or being self-employed. So, studying and being a self-sufficient person would also fall under this ruling.
We will wait to see if the UK government amend their regulations to reflect this new ruling.

If you wish to make any type of EEA application, then please complete this form on our website;

This should give us all the information we need to give you the correct advice. We can then review in full and get back to you.


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