Key terms: Visa cancellation – Migration Act 1958, s501 – Migration Act 1958, s116 – character issues – criminal charges – Commonwealth Ombudsman

The Commonwealth Ombudsman is the organisation responsible for handling complaints about Commonwealth Government departments and agencies. The Department of Immigration and Border Protection (DIBP) is one of the Government departments monitored by the Ombudsman.

In December 2016 the Ombudsman published two reports involving the DIBP, namely:

1. Administration of section 501 (hereafter the “section 501 report”)
2. The administration of people in immigration detention who have had their Bridging visa cancelled due to criminal charges or convictions (hereafter the “bridging visa cancellation report”)

Both reports identified shortcomings and issues with the DIBP process of cancelling long term Australian visas and bridging visas.

The section 501 Report

In the section 501 report it was noted that a similar investigation was carried out in 2006, which was critical of the then Department of Immigration and Multicultural Affairs (DIMA) for not “always provide(sic) the minister with all relevant information, especially mitigating information, about long term Australian residents when considering the cancellation of their visa”.

The US and the UK are tightening their immigration policies. President Trump implemented a travel ban and has repeatedly emphasised that he will be evaluating the country’s immigration policy and introduce tougher screening of visa applicants. While the travel ban has been removed by the US Federal court there is no stopping the President from giving out another executive order of similar nature. In the UK there has also been a stir up as the British government looks to cap the number of international students to the UK. The trend in the development of immigration policies in these two countries has startled migrants and temporary-stay workers and students, who now ponder their future in the US or the UK.

This presents Australia with an opportunity to attract genuine skilled professionals, aspiring students and potentially business and investor migrants to Australia. The US and the UK have long benefited from their preferred migrant destination status for many years, with many entrepreneurs, technology innovators and brilliant scientists settling down in the US or UK. Now Australia may stand to gain from opening its borders to attract talent, skills and investment from overseas.

What are the visa options available for Australia?

Accounting & ICT Professionals need more than 60 points

The SkillSelect invitation round results has been released on 18 January 2017. Based on the result, we can see that the majority invitations by points score are given to the Skilled - Independent (subclass 189) visa applicants. Whilst the Skilled - Regional Provisional (subclass 489) visa requires the same minimum point score of 60 as the 189 visa, it is evident that 189 visa applications gets the priority invitation.

In the last invitation round, Accountants require 70 points score while ICT Professional requires 65 points. The list of ICT Professional are as follows:

• 225211 - ICT Account Manager
• 261111 - ICT Business Analyst
• 225212 - ICT Business Development Manager
• 313112 - ICT Customer Support Officer
• 135199 - ICT Managers nec
• 135112 - ICT Project Manager
• 263211 - ICT Quality Assurance Engineer
• 621211 - ICT Sales Assistant
• 225213 - ICT Sales Representative
• 262112 - ICT Security Specialist
• 263299 - ICT Support and Test Engineers nec
• 263212 - ICT Support Engineer
• 313199 - ICT Support Technicians nec
• 263213 - ICT Systems Test Engineer
• 223211 - ICT Trainer

Read more on the current crisis for Accountant looking to apply for skilled migration  or find out more on the requirements of 70 points to receive an invitation to apply.

The Chinese New Year is being celebrated across the globe with hundreds of millions of people gathering with their friends and family to welcome the Year of the Rooster.

According to the Chinese zodiac, people born in the Year of the Rooster are brave, responsible and punctual.

The Lunar New Year, which officially starts on 28 January 2016 is traditionally marked by riotous displays of fireworks and countless firecrackers. The celebration lasts for 15 days.

The Lantern Festival which is celebrated on the 15th day of the first month in the Chinese celendar also marks the final day of the traditional Chinese New Year celebrations.

Here at Work Visa Lawyers, we would like to wish all our Chinese clients，friends and colleagues a good health and fortune in the Year of the Rooster

May the Year of the Rooster brings you abundance of happiness and success.

恭祝大家新春愉快！祝大家在新的一年里身体健康，万事顺心，合家欢乐

Source:

http://www.abc.net.au/news/2017-01-28/lunar-new-year-rooster-celebrations-kick-off-around-asia/8219002

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

The Minister of Immigration has announced his intentions to make test tougher

In a Radio interview with 2GB on 2nd January, the Minister for Immigration, Peter Dutton said:

“The question we face is whether or not we have the right test, the right questions ... whether or not people know Don Bradman’s batting average is a true test of whether or not somebody shares an Australian value,”

He went on to say:

“The vast majority of people who want to become an Australian citizen embrace these ­values, but under the current ­arrangements people who don’t can still end up with the same valued prize of citizenship."

“My view is people who don’t embrace these tangible values shouldn’t expect automatic citizenship.” (source, The Australian, 3 January 2017, Joe Kelly)

It seems that the Minister for Immigration is planning to make the Australian Citizenship test more difficult. At the present time there is no details on what changes are being planned.

The White Australia Policy and what we can learn from it

The residence requirements in applying for Australian Citizenship

Work Visa Lawyers has advised many people who cannot meet the residence requirements, due to having gone overseas for an extended period, to look after a sick and often terminally ill parents.

If someone spends more than one year outside of Australia in the last four, then they will not meet the residence requirements to be able to apply for Australian Citizenship.

There are a number of exemptions and discretions in relation to the residence requirement including where:

• Administrative error led to you becoming unlawful or not becoming a permanent resident.

• You would suffer significant hardship if a period of temporary residence is not counted as a period of   permanent residence.

• You are a spouse, widow or widower of an Australian citizen, were a permanent resident, and maintained a close and continuing association with Australia during the relevant period.

• You have been engaged in activities of special benefit to Australia or work that required regular travel.

• You have completed the required amount of Defence services.

There is currently no discretion or exemption to allow persons to go overseas to care for sick parents, and still be able to apply for Australian Citizenship.

1. How to become an Australian Citizenship? What are the criteria for applying for Citizenship by conferral?

The relevant legislation is provided in the Australian Citizenship Act.

Birth -The most common way to become an Australian Citizenship, it to be born in Australia to one or more Australian parents.

Conferral - Outside of birth, another common way is to apply to become an Australian Citizen by conferral. This is when a person is an Australian permanent resident and applies to become a Citizen.

The basic requirements for Citizenship by conferral include:

• The residence requirements
  • Have been an Australian resident for at least 4 years (Absences of 12 months or less are permissible in this period)
  • Have been a permanent resident for at least one year (Cannot be overseas for more than 90 days in last year prior to the application.)

• The applicant must have a genuine intention to live in Australia following becoming an Australian Citizen.

• Be of good character.
  • The character requirements under the Citizenship Act are broader than under the Migration Act. For example, repeated driving offences can lead to a refusal of a Citizenship Application. 

It has been reported that four of the Melbourne’s Apex gang members will be deported after Australian authorities cancelled their visas. Victorian Police have been targeting the Apex gang which is a major factor in Victoria’s youth crime, cancelling the visas for the members who are engage in criminal activity.

Source:
http://www.msn.com/en-au/news/australia/australia-is-deporting-members-of-melbournes-apex-gang/ar-AAm0qD3?li=AAavLaF&ocid=spartanntp

The Australian Federal Government will no longer be lowering the cost of applying for a working holiday visa. This means that backpackers will still have to pay a $440 application fee, instead of the promised reduced fee of $390. Farm and tourism operators are very disappointed, saying that this will result in lower numbers of backpackers visiting and working in Australia.The Australian Government is hoping that the higher fee will lead to more unemployed young Australians gaining employment in the fruit picking industry.

Source:
http://www.abc.net.au/news/2016-12-20/government-about-face-on-backpacker-visa-fees/8135514

Many overseas students who aim to pursue their dream to come to Australia for further studies have lost the money they provided to Tu Futuro. They were shocked to realise that recently Brisbane based Education Agency – Tu Futuro have disappeared with the money that the students have paid for their tuition and accommodation.

The fraud has been reported to involve approximately 100 young foreigners who have allegedly lost up to $1 million. The students, who were from developing countries, mainly Brazil, were disappointed when they are were able to get in touch with the agency after realising that not all of the providers had been paid by the agency. For many of these students, this education fund represented their life savings or that of their parents.

The Overseas Students Ombudsman had received more than 40 complaints and is currently working with the Government agencies to ensure affected students were assisted in every possible manner. Brazil’s honorary consul in Brisbane has called for an investigation and compensation for the victims. Queensland Police is currently assessing the matter with the other government agencies.

Applicants applying for the General Skilled Migration (GSM) visas – subclass 189 Skilled Independent, subclass 190 Skilled Nominated and subclass 489 Skilled Regional Sponsored visas, will need to meet points test requirements to be eligible to receive an Invitation to Apply. Applicants applying for Employer-Sponsored visas such as the 457 visa, RSMS 187 visa and the ENS 186 visa may also need to meet English testing requirements to successfully obtain a work visa.

There are many types of English tests which you can take to demonstrate your English ability, but the IETLS and TOEFL English exams have been the traditional English tests for Australian visas. Many prospective visa applicants face difficulties with their English exams because of various reasons:

• English not being the first language or mother tongue

• Not familiar with the exam format and time limits

• Not practicing with specimen materials before attempting the exams