ARE YOU DECISION READY?

 

When processing visa applications the Department of Immigration makes it clear that it prefers to see them "decision ready". This means that applicants need to be aware of all the criteria needed to satisfy the visa which has been applied for and then turn their minds to presenting evidence which  will support their case. 

The rationale behind the decision ready concept is obvious - the better prepared the application is, the quicker it can be processed - thereby leading to a "win win" for both the applicant and the Department.

However,  "decision ready" does not mean that an applicant should burden the Department with every bit of paper they come across in the mistaken belief that " more is better". Rather, what is necessary is to have a clear understanding of what it is necessary to show in order to establish that the applicant is entitled to a visa grant, and from there identify what evidence exists to support the claims. Sometimes it may be necessary to prepare a document summarizing the evidence which has been presented and pointing out how it satisfies the visa criteria.

Remember, the better an application is prepared, the more likely it is to obtain a quick decision and one that is in your favour.

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DIBP Credit Card Surcharge Fees Now in Effect

The Department of Immigration and Border Protection (DIBP) credit card surcharge fees now in effect from 19 April 2014.

The purpose of the surcharge fees enables DIBP to recover credit card merchant fees from applicants using credit card payments with the exception of payments made in Singapore or New Zealand.

This surcharge will apply to all clients (both in Australia and outside Australia) who pay by credit card for any Australian visa application charge and other related DIBP fees both online and at a departmental office.

Any additional information regarding credit card surcharge fees will be published once made available by DIBP.

If you are interested in Australian visas, contact our immigration team for more information and advice on which visa is best suited to you. 

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Australian Bureau of Statistics - March key figures

MARCH KEY POINTS
TREND ESTIMATES (MONTHLY CHANGE)

• Employment increased to 11,531,600.
• Unemployment increased to 730,400 from a revised February 2014 estimate.
• Unemployment rate increased by less than 0.1 pts to 6.0%.
• Participation rate remained steady at 64.7%.
• Aggregate monthly hours worked increased 2.8 million hours (0.2%) to 1,615.6 million hours.

SEASONALLY ADJUSTED ESTIMATES (MONTHLY CHANGE)

• Employment increased 18,100 to 11,553,200. Full-time employment decreased 22,100 to 8,029,100 and part-time employment increased 40,200 to 3,524,000.
• Unemployment decreased 29,900 (4.0%) to 713,200. The number of unemployed persons looking for full-time work decreased 16,700 to 509,800 and the number of unemployed persons only looking for part-time work decreased 13,300 to 203,400.
• The unemployment rate decreased 0.2 pts to 5.8%, based on unrounded estimates.
• Participation rate decreased 0.2 pts to 64.7%.
• Aggregate monthly hours worked increased 8.0 million hours (0.5%) to 1,617.2 million hours.

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PUBLIC INTEREST Criteria 4020 - PIC 4020

In a recent online student visa application the provision of in advertent incorrect information, which represented a mere typographical error, has incurred not only a refusal but also a three year re-entry ban in light of PIC 4020.

This highlights the importance of PIC 4020 which now applies to the following visa categories:

• skilled migration
• business
• temporary visas
• student visas
• family visas

The unreasonableness of the decision has prompted a request to vacate it. Watch this space for updates on this issue.

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SkillSelect

SkillSelect is the Australian Government’s online system for administering key visas in its skilled migration program. SkillSelect was introduced on 1 July 2012.

The system requires people who want to migrate to Australia under the Skill Stream of Australia's migration program to submit an Expression of Interest (EOI) via SkillSelect. Intending migrants can also use SkillSelect to express interest in finding an employer who will sponsor them.

SkillSelect regularly (approximately monthly) invites eligible intending migrants who have submitted an EOI to lodge a visa application. Intending migrants cannot lodge a visa applicaton without receiving an invitation.

Employers and state/territory governments are also able to review EOIs via SkillSelect and find candidates that they wish to sponsor or nominate.

Connecting employers with skilled workers

SkillSelect provides a new way for employers to source overseas talent to fill vacancies for skilled positions.

Employers can use SkillSelect to search for prospective employees with specific occupations.

Employers can also search for key selection criteria such as experience, qualifications, English language skills and willingness to work in regional areas.

Employers can use the online system to identify and contact prospective employees and discuss possible employment and sponsorship opportunities. If sponsorship arrangements are established, the skilled worker’s EOI details can be transferred from SkillSelect to an employer sponsorship application if required.

The SkillSelect service is free and employers are not obliged to sponsor an intending migrant found through the system. To search for potential employees, employers must register to use SkillSelect.

If you have any questions or require advice, please contact Ryan Curtis-Griffiths at Nevett Ford Lawyers Melbourne by telephone: +61 3 9614 7111 or by email: rcurtisgriffiths@nevettford.com.au or any other member of the immigration law team.

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Sponsoring a Child to Australia - adoption visa, child visa, orphan visa

If an Australian or New Zealand citizen, or permanent resident wishes to make a migration application for a dependent child, stepchild, or orphaned relative – or is submitting a visa application on behalf of a child whom a person has adopted from overseas – certain requirements must be met in order for the child’s visa to be approved. Depending on the status of the relationship between the parent and the child, an application for the right visa subclass must be submitted in order to ensure the visa application has every chance for success.

Making an application
Irrespective of the type of subclass visa that is applied for the child who is migrating, only an Australian or New Zealand citizen, or permanent resident can bring a child into Australia. In addition, all requested documentation and appropriate fees must be paid as required by the Department of Immigration and Border Protection (DIBP).

In regards to a child who is under the age of 18, if another party who can make a determination on where the child shall reside – but is not the sponsor – then permission from that person must also be sought in order for the child to migrate. Although in certain instances, the Court can issue an order to allow the child to migrate to Australia in specific circumstances.
 
Finally, like all other visa applications made to enter into Australia, the child must meet the health and character requirements.

Applications for a Child visa (subclass 802, 101)
An application made for the visa subclass 802 and 101, the child who is subject to the application must be under the age of 25 years.

However, keep in mind that a child who is 18 years of age or older, must be a full-time student, and financially dependent on the sponsoring parent in order to meet the requirements of the subclass 802 or 101 visa if they are of legal age. On the other hand, if the child has a disability which prevents them from gaining employment, and medical evidence can be provided proving the disability, then the requirements may not be applicable.

It’s important to be aware, that a child who is applying for the subclass 802 or 101 visa, must never have been married, engaged to be married, or is part of a de facto coupling, if they are 18 years of age or older.

Applications for an Orphan Relative visa (subclass 837 or 117)
The overarching requirement for a child who is applying for an Orphan Relative visa, is that the parents of the applicant must have either passed away, be incapacitated, or their whereabouts are unknown – and there is no one else to care for the child.

Similar to the other child migration visas, the child must not be married or in a de facto relationship when making a subclass 837 or 117 visa. However, unlike the Child visa, an applicant for an Orphan Relative visa must be under the age of 18.

An applicant for the Orphan Relative visa must have an Australian relative who can either be a sibling, aunty, uncle, niece, nephew or grandparent, who is able to sponsor the child. Additionally, a spouse of an eligible relation can also submit an Orphan Relative visa.

Applications for an Adoption visa (subclass 102)
Generally speaking, it is the State and Territory adoption agency that is responsible for inter-country adoptions. Like the Orphan Relative visa, the child who is subject to the Adoption visa must be under the age of 18 when the application has been finalised while also residing overseas.

If you have any questions or require advice, please contact Ryan Curtis-Griffiths at Nevett Ford Lawyers Melbourne by telephone: +61 3 9614 7111 or by email: rcurtisgriffiths@nevettford.com.au or any of the other immigration lawyers in the team.

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457 Sponsor Monitoring & Audits

The experienced team of immigration lawyers at Nevett Ford can assist and advise your business about the minefield of obligations and undertakings associated with sponsoring an overseas worker on a subclass 457 visa.  

Once a candidate moves into a business on a 457 visa, we can guide you throughout the length of the sponsorship to ensure that your business fulfils its duties as required by the Department of Immigration & Border Protection (DIBP) and the Australian Federal Government. We can assist with managing the workforce and advise on immigration in terms of hiring and terminating, when the business requires.

If you have any questions or require advice about sponsoring an overseas worker, please contact Ryan Curtis-Griffiths at Nevett Ford Lawyers Melbourne by telephone: +61 3 9614 7111 or by email: rcurtisgriffiths@nevettford.com.au or any other member of the immigration law team.

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Stop Attacking Skilled Migration - Minister for Australian Immigration, Scott Morrison MP

DIBP Minister, Scott Morrison, has called on the Labor Party to stop attacking skilled migration, following a recent change to the sponsoring of 457 visa holders.

The change in question, described by Minister Morrison as being “quite minor”, involves approved sponsors of 457 visas having to fill out less paperwork when they have reached a certain number of employees, and instead, every 457 employee must satisfy the current tests required when finding an Australian to do the job first. His defence of such a change was that it will save the time of busy employers by removing additional paperwork in order to find an overseas worker to do the job available that could not be filled by an Australian resident.

With unemployment rising, the unions and the Labor Party haven’t taken the change well, with leader Bill Shorten attacking skilled migration. Meanwhile, Morrison claimed that “there should be a unity ticket on skilled migration in this country, but clearly there isn’t, the Labor Party is still going to oppose it.”

If you have any questions or require advice about your eligibility to apply for Australian permanent residence or a temporary skilled visa, please contact Ryan Curtis-Griffiths at Nevett Ford Lawyers Melbourne by telephone: +61 3 9614 7111 or by email: rcurtisgriffiths@nevettford.com.au or any other member of the immigration law team.

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Investigation into the 457 Visa Program announced by minister of Australian Immigration, Scott Morrison MP

The assistant to the minister of Australian Immigration, Michaelia Cash, announced the start of the 457 temporary work visa investigation, and had began a public inquiry which is going to delve into the abuse and ‘rorting’ of the 457 visa.

It will also determine whether the labour market testing (LMO) requirement should be terminated. The previous Labor government introduced LMO to reduce abuse of the 457 visa program.
Australian businesses are required to advertise available positions in the media before they can nominate an international worker to fill the role and be provided with a 457 visa, because of LMO.

The panel will investigate if ‘rorting’ is really being done on a large scale. Should the panel discover that abuse is a rare matter after all, then it can recommend the LMO be discarded. Businesses in Australia claim that there is no abuse happening, and therefore are behind the investigation.

However, if the panel was able to prove abuse is vehement, then it will recommend LMO should stay put. Because of this, it is important who is chosen to be part of the inquiry panel. Australian unions have openly criticized the fact that they did not have representation on the panel, & that most panel members openly oppose LMO.

Senior figures from the business community of Australia had been handpicked by Ms. Cash to be part of the panel. The chairperson would be Australian National University’s Professor Peter MacDonald.

The unions are protesting the panel’s composition, as it means their conclusion is already a given. According to Scott McDine from the Australian Workers’ Union, the outcome is already predetermined judging by the members of the panel, and that it will hurt workers in Australia.

The unions argue that the 457 visa has been abused by Australian employers on numerous occasions so they can import foreign workers with cheaper wages, even if there were Australian workers who can do the job. In 2013, the LMO was introduced by the Labor Government.

Employers, in the meantime, argue that the claims made by the unions were completely exaggerated. They complained that it would cost them thousands of dollars to comply to the LMO, and that it would just be a complete waste of funds which could potentially harm their business and their competitiveness.

The unions were also against the decision of Scott Morrison, the immigration minister, when he stated on the 12^th of March, 2014 that the inquiry has already been made to get rid of union red tape which was made by the previous government.

An official complaint made by the Australian Council of Trade was forwarded to Ms. Cash regarding the lack of union representation. Ms. Cash had responded with this statement:
“The government respects the important role unions play in the community.”

This however, did not appear to change Ms. Cash’s stance regarding the matter as there was no offer to choose a representative from the unions.

The 457 visa, or more formally known as the temporary work visa enables skilled foreign workers to live and work in Australia up to 4 years. For them to be eligible of the position, they must have a sponsorship provided by an Australian business.

With the 457 visa, workers can bring with them their family. This includes their spouse and all their dependent children. They have the freedom to enter and leave the country as many times as they can as long as their visas are active.

If you have any questions or require advice about sponsoring an overseas worker, please contact Ryan Curtis-Griffiths at Nevett Ford Lawyers Melbourne by telephone: +61 3 9614 7111 or by email: rcurtisgriffiths@nevettford.com.au or any other member of the immigration law team.

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Nurses - Australia needs you

Sitting high up on the Australian Skilled Occupation List (SOL), nursing is high in demand across Australia.

With Registered Nurse positions needed in the fields of Mental Health, Surgical, Paediatric, Child and Family Health, Community Health, Critical Care and Emergency and Disability and Rehabilitation, there are many more fields that are in demand in Australia.

Nursing salaries in Australia generally sit between $AUD75,000 – $AUD85,000 – (higher than the UK average salary within the nursing field). Throughout the medical field there is also a high demand for surgeons, as well as Neurosurgeons, Orthopaedic Surgeons, Plastic and Reconstructive Surgeons, Urologists, Dermatologists, Obstetricians and Gynaecologists.

With jobs available throughout the medical field in Australia, you could be on your way to securing a permanent Australian visa and a whole new lifestyle.

If you have any questions or require advice, please contact Ryan Curtis-Griffiths at Nevett Ford Lawyers Melbourne by telephone: +61 3 9614 7111 or by email: rcurtisgriffiths@nevettford.com.au

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Visa appeals - challenging a negative decision

Usually people can challenge decisions that are made by the Department of Immigration * Border Protection (DIBP) to refuse a visa application or cancel an existing visa.

The government has established a number of specialist Tribunals which are responsible for reconsidering negative decisions made by the DIBP.

Applications are usually refused or visas cancelled because:

• the application raises one or more complex legal or factual issues which are decided against the applicant
• insufficient evidence is presented to the Department of Immigration
• the case wasn't properly explained to the Department of immigration
• the claims of the applicant were not believed, or
• a combination of all of these factors.

Cases where a visa application is refused or a visa is cancelled because an applicant does not pass the health or character requirements are particularly difficult.

If you have received a negative decision from a Tribunal, and in certain circumstances the Department, you can apply to a Court to consider whether the decision was made lawfully – in accordance with the rules. You can ask the Minister to let you stay in Australia even though you have received a negative decision.

If you have any questions or require advice, please contact Ryan Curtis-Griffiths at Nevett Ford Lawyers Melbourne by telephone: +61 3 9614 7111 or by email: rcurtisgriffiths@nevettford.com.au

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Religious Worker Visa Australia

Religious worker visas are available to people who are satisfy the requirements of the Department of Immigration in relation to their qualifications to work in Australia as ministers, priests and spiritual leaders.

If you plan to come to Australia to work for a religious organisation but lack the necessary qualifications to satisfy the requirements for this visa, other visa options may be available to you. Our expert immigration lawyers will be able to advise you about other visa options available to religious workers and students whose qualifications are not recognised.

Before applying for a religious worker visa, you must first secure sponsorship from an eligible religious institution. There are strict rules around the types of religious organisations that can sponsor people. It is very important that you get advice about whether your organisation can sponsor you before proceeding with your visa application.

There are a series of eligibility requirements, including financial requirements and health insurance requirements that must be met to establish eligibility for a religious worker visa. If your application is approved, you will be required to meet a number of ongoing obligations whilst residing in Australia.

If you have any questions or require advice, please contact Ryan Curtis-Griffiths at Nevett Ford Lawyers Melbourne by telephone: +61 3 9614 7111 or by email: rcurtisgriffiths@nevettford.com.au

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Visiting Academic visa - Australia

Visiting academic visas are available to professional academics to participate in research projects conducted by Australian tertiary and/or research institutions. It is usually not appropriate for academics who will receive remuneration in Australia or who will be teaching or lecturing.

To be eligible for a visiting academic visa, you must demonstrate - amongst other things – a significant record of achievement in your field. Just holding a PhD may not be sufficient.

If you do not appear to satisfy the requirements, our expert immigration lawyers can advise you of more appropriate visa options that may be open to you.

Before applying for a visiting academic visa, you must first secure sponsorship from an approved academic sponsor and be nominated by the sponsor.

Academic visas are usually subject to work restrictions that limit what you can do in Australia. It is very important that you understand these restrictions before applying for a visa.

Obligations are also imposed on the sponsoring organisation. Non-compliance with these obligations can result in the organisation being fined or having restrictions placed on its ability to sponsorship people in the future.

If you have any questions or require advice, please contact Ryan Curtis-Griffiths at Nevett Ford Lawyers Melbourne by telephone: +61 3 9614 7111 or by email: rcurtisgriffiths@nevettford.com.au

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Contributory parent visa application fees increase

There has been an increase in both the first instalment and second instalment of the Visa Application Charge (VAC) for Contributory Parents. This affects offshore (Subclass 143) as well as onshore (Subclass 864) applicants.

The first instalment has gone up from $2,060 to $3,520 and the second instalment from $42,220 to $43,600 effective from 22 March 2014.

The new fees were originally to be implemented as from 1 September 2013 but the amounts were found to exceed the maximum limit under the Migration (Visa Application) Charge Act 1997 (the VAC Act) and could not be applied.

This issue has now been corrected and the VAC increases intended for 1 September 2013 have taken effect as from 22 March 2014.

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