IMMIGRATION ANNOUNCES CONCESSIONS FOR TERMPORARY PARENT VISIT VISAS

IMMIGRATION ANNOUNCES CONCESSIONS FOR TERMPORARY PARENT VISIT VISAS

On 1st July 2019, the new 870 Parent Visas will be available.

Sponsors may apply after 17th April 2019. This visa will be under subclass 800 series.

The most beneficial aspect of the 870 Visa is that there is no Balance of Family Test which requires the parent being sponsored to have at least half of their eligible children residing in Australia (i.e. for parents with three children, at least two of them must be eligible ‘Australian citizens OR Australian permanent residents/NZ citizens resident in Australia).

A parent who is the biological, adoptive, or step-parent of the sponsor (Australian citizen/permanent resident or eligible NZ citizen) is eligible for this visa.

This visa can be a significant benefit to families with children who need the grandparents to be in Australia to assist parents who are working. Given that childcare costs are prohibitive, grandparents can fulfil their role.

This visa also addresses concerns about the limited number of Parent visas and associated lengthy waiting periods.

This visa can allow existing Parent visa applicants to visit Australia to spend time with their family while their permanent Parent visa application is being processed.

There is no need to leave Australia for six months in an 18 month period. In fact, there is no need to be offshore and parents can stay in Australia for up to 5 years continuously. There can be a significant saving on the cost of airfares that would be incurred over this period if they were required to depart and re-enter Australia. Sponsors can re-apply for an extension which allows their parents to stay in Australia for a total of 10 years.

Only two parents per household can be sponsored for the visa at a time.

Sponsors can still sponsor other visas such as a Temporary Skill Shortage visa or a Sponsored Family Visitor visa if they meet the requirements of those sponsorships.

What are the downsides?

This visa allows parents to stay in Australia for significantly longer period than a visitor visa. However it is still a temporary visa which does not allow permanent residence. There is no access to Medicare or permission to work. Therefore, this visa is most appropriate for parents who wish to temporarily reunite with their children and grandchildren in Australia.

The process of gaining sponsorship approval may be complex. The parents will need to show a genuine need for family purposes.

Processing times depend on a number of factors such as whether an applicant provides all information with their application and the number of applications lodged.

Up to 15,000 New Parent Visas can be granted each year. If the cap is reached, further visas will not be granted until the next year (A year runs from 1 July to 30 June). So, you must act fast if you want to sponsor your parents or grandparents. Legal Migration Services is here to help and make the process as easy as possible.

A LONG WAIT IN THE ADMINISTRATIVE APPEALS TRIBUNL (AAT)

 

The AAT has just released its Annual Report for the year ending 2018.


Here is a useful summary of some interesting statistics:

 

  • 17, 960 appeals (45%) were finalised during this period but a further 44,436 still await review.

 

  • A caseload increase of 42 percent with 30 fewer members since inception is no doubt the reason for the chronic backlog.

 

  • Only 3.1% of AAT decisions were upended on further review in the courts.

 

We thankfully acknowledge the Migration Institute of Australia for this summary.

Avoid the Immigration Assessment Authority (IAA)

GET IT RIGHT AT INTERVIEW STAGE

&

AVOID THE IMMIGRATION ASSESSMENT AUTHORITY (IAA)


  • Only 11% of IAA decisions were remitted to the Department for further processing.

 

  • Only 19% succeeded in the Federal Circuit Court.

 

  • Try to avoid the IAA with a quality application to the Department.


 We thankfully acknowledge the Migration Institute of Australia for this summary.

FEDERAL COURT MAY SAVE YOU!

FEDERAL COURT MAY SAVE YOU!

In 2017, The Full Federal Court held that the Administrative Appeals Tribunal is bound to consider all of the matters set out in the migration regulations under Regulation 1.15A in determining whether a spousal relationship exists for migration purposes.

 

The Tribunal is required to bring an active intellectual process and to give genuine and realistic consideration to each of the matters listed in the “regulations”, and that failure by the Tribunal to make reference to a finding concerning matters set out in The Regulations, may give rise to an inference that the tribunal did not make any finding with respects to that matter and thereby committed jurisdictional error.

 

This principal had previously been held by the High Court in Craig v South Australia when the Tribunal failed to consider matters set forth in Statutory Declarations.

In the High Court decision The Federal Court held that a number of matters specified in Regulation 1.15A had not been the subject of findings concerning ‘The nature of the persons commitment to each other’, for example, living together since fiancé (300) visa, saving to purchase a house, support for family matters of the applicant.

This principal may be applied to a variety of cases if the Tribunal did not make specific findings on each and every matter in Regulation 1.15A.

 

The Federal Court recently applied this assessment of jurisdictional error in Nguyen v Minister for Immigration and Border Protection(2018) FCA 1374 when the Tribunal did not make reference to two statutory declarations submitted which spoke about observations by the declarants that the parties were living together as a married couple.

 

Justice White concluded that Reg. 1,15A (3)(C)  makes it mandatory to consider whether the parties represent themselves as being married to each other. Failure by the Tribunal not to have regard to the statutory declarations amount to jurisdictional error.

 

A close examination of the Tribunal’s specific examination of ALL regulations may throw you a lifeline!

~

WILL YOUR SKILLS LEAD TO AN INVITATION FOR PERMANENT RESIDENCY??

 The NSW Priority Skilled Occupation List for 2018-19 (Subclass 190 visa) has now been published on website. Click on the link below:

THE NEW OCCUPATION LIST

 

The Skilled Nominated Visa is a Permanent Visa.

 

NSW runs the skilled nominated migration program in order to attract highly skilled people in a range of occupations to contribute to NSW skills shortages. In recognition of ongoing high demand and to ensure that places allocated under the program are aligned to the skill needs of the state's economy, NSW has a selection-based invitation process for the subclass 190 program.

 

Under this process, NSW selects and invites the most suitable candidates from SkillSelect to apply for a NSW nomination.

 

Invitations for candidates depend on a number of factors, including:

-          scores and claims of other candidates in SkillSelect at the time the invitation is issued;

-          the number of invitations being issued in a selection round. Please note, there are no specific dates when invitation rounds are conducted.

 

It is important to note that this program year, there will be no ‘Stream Two’ invitations.

 

NSW selection and invitation process ensures that places allocated under the NSW program are aligned to the skills needs of NSW.

 

The key steps involved for NSW nomination for a 190 visa are detailed in how to apply fact sheet. Click on the link below:

THE FACT SHEET

 

As soon as The Department receives a complete application for nomination, they will aim to finalise it within six weeks.

IS YOUR POSITION TRULY VACANT?

MEETING THE 'GENUINE NEED' REQUIREMENT


Are you applying for any of the following Employer Sponsored Visas?

  • Temporary Skill Shortage (TSS) (subclass 482)
  • Employer Nomination Scheme (ENS) visa (subclass 186)
  • Regional Sponsored Migration Scheme (RSMS) visa (subclass 187)

 

It is a discretionary power of case officers to re-assess the genuine position and genuine need criteria for subclass 186/187 visa applications for cases where the visa applicant currently holds a 457 or TSS visa. An assessment that a position is “genuine” made during the course of a 457 or TSS nomination is not binding upon a future subclass 186/187 nomination.

 

Supporting documentation must identify and justify a continued and genuine need for the sponsor company to employ the Applicant in the nominated ANZSCO position.

 

The role the Applicant will carry out must closely correspond to the nominated occupation.

 

The supporting documents can determine if this genuine need requirement is met, if they evidence that the position is required to be filled in order for the company to increase and expand future business activity.

 

Types of this evidence may include:

o   An Organisational Chart;

o   Detailed and quantifiable plans for future expansion;

 

If the Department is not satisfied that nominated position does not genuinely fit the ongoing business activity of the employer, they may investigate!!

 

The Department may ask questions such as:

Is the sponsoring business’s industry not doing well?

 Has there been any retrenchment over the last twelve (12) months of other employees, including Australian workers in the nominated occupation or similar occupation?

 Has there been a reduction in the hours or pay or conditions during the last 12 months for other employees, including Australian workers, in the nominated or similar position?

 

 If you are considering making an employer sponsored visa application, Legal Migration Services are highly knowledgeable in giving advice to ensure the Sponsor Company supplies the necessary supporting documentation to meet the Genuine Need Requirement.

 

Contact one of our highly experienced and successful Registered Migration agents on 9261 1388 or email us at info@legalmigrationservices.com

STUDENT VISA NEWS!

STUDENT VISA NEWS!

TOEFL – Paper based English tests can no longer be used in the Australian Student Visas Program.

OET English test pass marks are changed!


 From the 5th of June 2016 the paper based TOEFL English Test is no longer accepted by Immigration for student visas.

 

The OET minimum test score has been changed from “pass mark” to a score of a minimum mark B for EACH component of the OET.

 

Some exemptions apply. Please contact our office if you may be affected by the test.


DO YOU PASS THE CHARACTER TEST?

THE IMPORTANCE OF DISCLOSING ANY PAST CRIMINAL OFFENCE WHETHER CONVICTED OR NOT

One of the most important things to remember when applying for your Australian visa is to disclose your criminal record honestly and accurately. Providing false, inaccurate, misleading or bogus information on your visa application can result in severe penalties such as a three year re-entry ban.

Common questions asked when completing your visa application include, but are not limited to:

·      Has any applicant included in this application been charged with any offence that is currently awaiting legal action?

·      Has any applicant included in this application been convicted of an offence in any country (including any conviction which is now removed from official records)?

It is important to disclose ALL previous criminal convictions, arrest warrants, court appearances and pending charges even if they were not substantial and occurred over 10 years ago. It is at the discretion of the Department of Home Affairs as to whether or not they will grant your visa and will depend on the seriousness of such convictions.


The Character Requirement

Anyone who wants to stay or enter Australia must satisfy the character requirement as per Section 501 of the Migration Act 1958. It is also a requirement for current visa holders to continue to satisfy the character requirement. You will not pass the character test if you have a substantial criminal record or engage in criminal activity in Australia. However it is up to the Minister or his delegate to decide whether or not to cancel a visa or to refuse a visa application or sponsorship by considering various factors. Some of these factors include the impact a visa cancellation or refusal would have on a person’s family in Australia and the protection of the Australian community.

For further information regarding the character requirement please see the Department of Home Affairs website:

CHARACTER REQUIREMENT

 


WHAT IS A SUBSTANTIAL CRIMINAL RECORD?

According to the Department of Home Affairs you will be deemed to have a substantial criminal record if you have been:

·         Sentenced to death or life imprisonment;

·         Sentenced to prison for more than 12 months;

·         Sentenced to two or more terms of imprisonment, where the total of those terms is 12 months or more (this includes all terms of imprisonment, including suspended sentences and those that are to be served concurrently);

·         Acquitted of an offence on the grounds of unsoundness of mind or insanity and, as a result, been detained in a facility or institution;

·         Found by a court not to be fit to plead in relation to offence but found to have committed the offence and as a result detained in a facility or institution.

You will automatically fail the character test if you have a substantial criminal record as defined above. Department officials do not have any discretion with respect to the imposition of the character test, however they do have discretion to take into consideration any good behaviour since your criminal conviction. The Department of Home Affairs Character Section will consider your past and present conduct, how much time has passed since your last conviction, how serious the conviction was and whether any good behaviour demonstrated since your criminal conviction can outweigh your previous criminal conduct. Your visa may be granted if you are able to prove your character has genuinely reformed. The Department will refuse your visa application or cancel your visa if they consider you a risk to the Australian community.

For further information regarding what a substantial record is please see the Department of Home Affairs website:

SUBSTANTIAL CRIMINAL RECORD

 


WHAT TO DO IF YOU HAVE A CRIMINAL RECORD

If you have had a prior brush with the law or have a substantial criminal record we recommend that you see an experienced migration agent to help you with your visa application to make sure you have the best chance of getting your visa granted.

Please contact one of our highly experienced migration agents at Legal Migration Services if you would like further advice regarding your visa application.

 

PARENT VISAS – HOW MANY for next financial year???

Minister for Citizenship and Multicultural Affairs - the Hon Alan Tudge MP on 31st of May 2018 announced visa numbers allocated for granting of Contributory Parent, Parent and Other Family Visas in the 2017/2018 Financial Year.


CONTRIBUTORY VISAS

The combined maximum number of contributory parent visas that may be granted in the financial year 1 July 2017 to 30 June 2018 is 7175.

This number includes numbers allocated for the following type of contributory parent visas:

  • Contributory Parent (Migrant) (Class CA) visas;
  • Contributory Aged Parent (Residence) (Class DG) visas;
  • Contributory Parent (Temporary) (Class UT) visas; and
  • Contributory Aged Parent (Temporary) (Class UU) visas.

PARENT VISAS

The combined maximum number of parent visas that may be granted in the financial year 1 July 2017 to 30 June 2018 is 1500.

This number includes numbers allocated for the following type of parent visas:

  • Parent (Migrant) (Class AX) visas; and
  • Aged Parent (Residence) (Class BP) visas.

OTHER FAMILY VISAS

The combined maximum number of other family visas that may be granted in the financial year 1 July 2017 to 30 June 2018 is 500.

 This number includes numbers allocated for the following type of other family visas:

  • Other Family (Migrant) (Class BO) visas; and
  • Other Family (Residence) (Class BU) visas.

 


 IS YOUR SKILLED OCCUPATION READY TO BE REMOVED FROM THE LIST?

IS YOUR SKILLED OCCUPATION READY TO BE REMOVED FROM THE LIST?

DON’T WAIT ANY LONGER - GET YOUR

APPLICATION IN NOW!!

 

The Department of Jobs and Small Business (the Department) is responsible for regularly reviewing the skilled migration occupation lists to ensure they meet Australia’s labour market needs.

 

To support this, the Department consults with industry, employers, unions and individuals in developing advice for the Australian Government on the occupations required to meet the labour market needs of the Australian economy.

 

Below is the information about occupations which may face changes.

 


THE OCCUPATIONS FROM STSOL WHICH MAY BE REMOVED:

Occupation  / ANZSCO** code

Insurance Loss Adjuster / 599612

Residential Care Officer / 411715

Library Technician / 399312

Chemical Plant Operator / 399211

Telecommunications Linesworker / 342413

Cabler (Data and Telecommunications) / 342411

Watch and Clock Maker and Repairer /323316

Textile, Clothing and Footwear Mechanic / 323215

Middle School Teacher / 241311

Video Producer / 212318

Technical Director / 212317

Stage Manager / 212316

Program Director / 212315

Film and Video Editor / 212314

Director (Film, Television, Radio or Stage) / 212312

Visual Arts and Crafts Professionals / 211499

Manufacturer / 133411


Occupations which may move from STSOL* to Regional Occupations List (ROL):

Occupation / ANZSCO** code

Dentist / 252312

Anaesthetist / 253211


 Occupations which may move from STSOL* to MLTSSL*** :

Occupation  / ANZSCO** code

Footballer / 452411


 

Occupations which may move from MLTSSL***to STSOL:

Occupation  / ANZSCO** code

Management Accountant / 221112

Agricultural Consultant / 234111

Civil Engineering Technician / 312212


INDEX

STSOL* - Short Term Skilled Occupations List

ANZSCO** - Australian and New Zealand Standard Classification of Occupations

MLTSSL*** - Medium and Long-term Strategic Skills List

 


ARE YOU ELIGIBLE FOR AN INVITATION TO WORK IN AUSTRALIA??

ARE YOU ELIGIBLE FOR AN INVITATION TO WORK IN AUSTRALIA??

OCCUPATION CEILINGS ON THE SKILLED INDEPENDENT POINTS-TESTED VISA PROGRAMMES


 

Taken from The Department of Home Affairs, “DHA”, 29 May 2010

 

Occupation ceilings were introduced on 1 July 2012 allowing the Government to invite a limited number of applicants for the following two (2) points-tested visas:

o   Skilled Independent (subclass 189)

o   Skilled Regional (Provisional) (subclass 498)

 

Occupation ceilings are currently calculated by applying the agreed ‘multiplier’ to stock employment figures.

The agreed multiplier is 6% for most occupations.

However, there is a reduced ceiling for some occupations that, by nature, if the government issued enough invitations to reach this 6% ceiling – would dominate the programme.  Namely, Engineers, Accountants, IT professionals and Chefs.

For example, two reduced occupation ceilings are:

o   Chefs  -  3%

o   Accountants  - 2.5%

The occupations that are subject to a significantly reduced ceiling must be pro-rated over the course of the year.

 

In general, visa places are limited and for certain occupations, the chances of receiving an invitation to migrate to Australia are particularly difficult.

Required points needed for pro rata occupation invitations have known to be very high (70 or 75 points).

This encourages certain occupations to seek other avenues to gain permanent residence, such as the Employer Sponsored programme.

 

The minimum ceiling level for all occupations is 1000 invitations.

Applicants have a transparent view of the number of occupations left for their particular occupation.

 

Occupation ceilings ensure the skilled migration programme is not dominated by a narrow group of occupations. No invitations will be sent for the occupations that reach 100% of their ceiling.

The ceiling will reset to zero on 1st of July every year.

 


Please contact one of our highly experienced Migration Agents at Legal Migration Services if you would like further advice regarding YOUR ELIGIBILITY for an Invitation.