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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