Australian Visa Information

Those who previously applied for other Australian Visa but failed may also re apply under the new points test provided they are able to pass the character test and are within the age limits.
Tradespersons, like carpenters, stonemasons, communications linemen, auto mechanics, panel beaters, fitters, refrigeration and air-con mechanics, metal machinists, plumbers, carpenters, electricians, stonemasons, tilers, bricklayers, painters, jewellers, and many others now have a better chance of succeeding. Before 1 July 1999 these occupations were allocated only 25 points for the skills qualification but now they are allocated 60 points, which is the maximum points for the skills qualification.

Changes to Permanent Resident Applications under the General Skilled Migration
Scheme
On 1 November 2001, further changes were made to the Migration Regulations. All
points tested applications for permanent residence under the General Skilled Migration
Scheme are now to be filed in Australia. This applies to all applicants worldwide. The
application form 47SK (as revised) must be sent to the Department of Immigration and
Multicultural Affairs (DIMA) Processing Centre in Adelaide, Australia by mail or by
courier. Payments for the visa application fee must be made either by credit card or by
bank cheque drawn on a bank in Australia.

What is Skilled Migration?
The skilled migration scheme is a class of permanent resident visas which are granted on the basis of skills or qualifications, (including employment experience), age and language ability.
Other permanent visas are based on spouse or family relationship. In skilled migration, sponsorship due to family relationship entitles the applicant to additional 15 points but the applicant must pass first the skills or qualifications, (including employment experience), age and language ability before the sponsorship can be counted.

Major changes to the General Skilled Migration which took effect on 1 July 1999, introduced the new points system for all applications made on or after that date. Two new categories were created- The Skilled-Independent and Skilled-Australian Sponsored categories, (which includes Skilled-Australian Sponsored and Skilled-Regional Sponsored visas).
Applications filed before 1 July 1999 continue to be considered on the basis of the
criteria in place before that date under the Independent and Skilled Australian-Linked
(SAL) categories.

CONTINUE NEXT WEEK

Australian Visa Services Links :
National Visas - Visa application and processing. Offers cost effective and simplified Australian
Immigration Services.

Offers Visa Processing :
Skilled Visas
* Skilled Visas Free Online Assest
* Skilled visa requirements
* Points test
* Visa Entitlements
* Visa Application Costs
* Visa Processing Time
* Eligible Skilled Occupations (SOL)
* Bonus Point Occupations (MODL)

Partner Visas
* Partner Free Online Assessment
* Visa Requirements - Spouse / De facto
* Visa Requirements - Interdependent
* Visa Requirements - Prospective Spouse (fiancé)
* Visa Entitlements
* Visa Application Costs
* Visa Processing Time

Business Visas
* Business Free Online Assessment
* Visa Requirements - Business Owner
* Visa Requirements - Senior Executive
* Visa Requirements - Investor
* Visa Requirements - Established Business Owner
* Visa Entitlements
* Visa Application Costs
* Visa Processing Time

Employer Sponsored Visas
* Employer Sponsored Free Online Assessment
* Visa Requirements - 457
* Visa Requirements - ENS
* Visa Entitlements
* Visa Application costs
* Visa Processing Time
* eligible 457 visa occupations

Student Visas
* Student Free Online Assessment
* Visa Requirements
* Assessment Levels
* Visa Entitlements
* Visa Application Costs
* Visa Processing Time

Parent Visas
* Parent Free Online Assessment
* Visa Requirements - Working Aged Parent
* Visa Requirements - Aged Parent
* Visa Requirements - Contributory Parent
* Visa Requirements - Remaining Relative
* Visa Entitlements
* Visa Application Costs
* Visa Processing Time

Retirement Visas
* Retirement Free Online Assessment
* Visa Requirements
* Visa Entitlements
* Visa Application Costs
* Visa Processing Time

Working Holiday Visas
* Working Holiday Free Online Assessment
* Visa Requirements
* Visa Entitlements
* Visa Application Costs
* Visa Processing Time

Visitor Visas
* Visitor Free Online Assessment
* Visa Requirements
* Visa Entitlements
* Visa Application Costs
* Visa Processing Time

Applications for permanent residence continue to increase as growing financial hardship in the Philippines become apparent even to the landed and the business owners.
There are free information kits published by the Department of Immigration, Multicultural and Indigenous Affairs (DIMIA) which can be downloaded from the internet. However, there are some basic errors and are under review. Some migration agents and solicitors also fail to check the latest amendments of the Migration Regulations before giving advice or writing an article of common interest. For this reason that we have been writing articles in this column, conducting regular information seminars, and pre-assessing intending applicants through our website or in our office to avoid costly mistakes.

Two of the common basic requirements of an application for permanent residence under the skilled migration scheme which continue to be overlooked are:

1. The visa applicant (or spouse if the assessment of spouse is being relied upon) must have a nominated occupation in the skilled occupations list (SOL) and

2. The visa applicant (or spouse, if the assessment of spouse is being relied upon) must be working in occupation which is also in the SOL for a period of not less than 6/12/24 months, as applicable, before filing the application for permanent residence.

The Skilled Occupations List (SOL) which is about 10 pages is not the same and must not be confused with the Australian Standard classification of Occupations (ASCO) Group 1 to 4.

The task list of all occupations in the SOL can be found in the ASCO dictionary but not all occupations listed in the ASCO are in the SOL. For example, importers, farmers and commissioned police officers are in Group1, medical practitioners are in Group 2, sports coaches in Group 3 and travel agents in Group 4 but these occupations are not in the SOL and therefore, will not meet the requirements for skilled migration stated above.

The Migration Occupations in Demand List (MODL) is yet another list which entitles the visa applicant whose occupation is in the list to additional 10 to 15 points depending on certain circumstances. Registered nurses, chefs and hairdressers have been in the list for sometime now.

Registered nurses are so much in demand in New South Wales that an employer is now offering to finance the English test review, English test, the theoretical, clinical nursing review and assessment, nursing registration and airfare, and a 4 year employment contract.


By Atty. Imelda Argel, Bachelor of Laws (UP), Master of Laws (University of Sydney)


Skilled Visas
* Skilled Visas Free Online Assestment
* Skilled visa requirements
* Points test
* Visa Entitlements
* Visa Application Costs
* Visa Processing Time
* Eligible Skilled Occupations (SOL)
* Bonus Point Occupations (MODL)

Partner Visas
* Partner Free Online Assessment
* Visa Requirements - Spouse / De facto
* Visa Requirements - Interdependent
* Visa Requirements - Prospective Spouse (fiancé)
* Visa Entitlements
* Visa Application Costs
* Visa Processing Time

Business Visas
* Business Free Online Assessment
* Visa Requirements - Business Owner
* Visa Requirements - Senior Executive
* Visa Requirements - Investor
* Visa Requirements - Established Business Owner
* Visa Entitlements
* Visa Application Costs
* Visa Processing Time

Employer Sponsored Visas
* Employer Sponsored Free Online Assessment
* Visa Requirements - 457
* Visa Requirements - ENS
* Visa Entitlements
* Visa Application costs
* Visa Processing Time
* eligible 457 visa occupations

Student Visas
* Student Free Online Assessment
* Visa Requirements
* Assessment Levels
* Visa Entitlements
* Visa Application Costs
* Visa Processing Time

Parent Visas
* Parent Free Online Assessment
* Visa Requirements - Working Aged Parent
* Visa Requirements - Aged Parent
* Visa Requirements - Contributory Parent
* Visa Requirements - Remaining Relative
* Visa Entitlements
* Visa Application Costs
* Visa Processing Time

Retirement Visas
* Retirement Free Online Assessment
* Visa Requirements
* Visa Entitlements
* Visa Application Costs
* Visa Processing Time

Working Holiday Visas
* Working Holiday Free Online Assessment
* Visa Requirements
* Visa Entitlements
* Visa Application Costs
* Visa Processing Time

Visitor Visas
* Visitor Free Online Assessment
* Visa Requirements
* Visa Entitlements
* Visa Application Costs
* Visa Processing Time

Most visas, permanent or temporary resident visa, can be cancelled under certain grounds. A common ground for cancellation is a breach of visa condition, such as working where there is a condition of “no work” for tourist visa holders or working for over 20 hours per week during sessions where there is a condition of “work limitation” for student visa holders, change of employer under certain circumstances for sponsored overseas employees. The range goes through to the more complex issues of character (providing false, misleading information or honest errors) and national security.

The effects of having a visa cancelled can include restriction on further visa applications lodged within Australia or outside Australia, difficulty in obtaining future visas and deportation. The power to cancel a visa is derived from the Migration Act 1958 and there are a number of sections within the Act authorising visa cancellation. In this paper, our discussion will be limited to Section 116, the general power to cancel.

The Migration Act requires that where grounds for cancellation appear to exist, the visa holder must be given notice of the Department’s intent to consider visa cancellation and an opportunity to respond. This notice may be oral but will normally be in writing.

Particulars of the grounds and of the information which suggests that grounds for cancellation exist must be provided in the notice. Time limits apply to the period to respond and the timeframe must also be identified in the notice. Response to the notice of intent to cancel is subject to strict time limits. It is therefore vital that the response be prompt and that it addresses in detail not only the alleged ground for cancellation but also all aspects of the visa holder’s circumstances.

The delegate of the Minister of Immigration, Multicultural and Indigenous Affairs will determine if a ground for cancellation validly exists. This will involve consideration not only of information already held by the Department but also any information put forward by the visa holder in response to the notice of intent. It could be the only opportunity to influence the decision maker.

Cancellation could be either discretionary or mandatory. If it is decided that a ground for cancellation exists, but cancellation is discretionary, the visa holder’s particular circumstances must be put forward for consideration by the decision maker when exercising discretion whether or not to cancel the visa.

Matters are considered by decision makers include:
􀂷 the purpose of the visa holder’s travel to and stay in Australia;
􀂷 any hardship which would result from cancellation;
􀂷 the circumstances in which the ground for cancellation arose;
􀂷 the visa holder’s behavior in relation to the Department;
􀂷 the level of non-compliance with visa conditions

It is advisable that anyone receiving a notice of intent to consider cancellation of their visa contact a competent Registered Migration Agent immediately for advice. The notice must be checked for any errors at law and if the Delegate of the Minister decides to cancel the visa, appeal rights must be canvassed. A very good knowledge of the cancellation provisions and policy regarding notice of intent to cancel, cancellation and appeal would be necessary to avoid disaster.

It is quite possible that notwithstanding efforts to put forward mitigating circumstances, the delegate of the Minister of Immigration decides to cancel the visa anyway. If this happens the decision can be appealed to the Migration Review Tribunal, provided the former visa holder is in Australia. Waiver of “no work” and “no study” while on appeal should be considered.
A good example of a case where the MRT has set aside the decision of DIMIA to cancel
the business long stay visa of the review applicant is Galletes v DIMIA (MRT
N04/02375) 25 August 2004. The MRT decided that the visa not be cancelled. We acted
for the review applicant in this case.


By Atty. Imelda Argel
Bachelor of Laws (UP), Master of Laws (University of Sydney)

Australian Visa Services Links :
National Visas - Visa application and processing. Offers cost effective and simplified Australian
Immigration Services.

Offers Visa Processing :
Skilled Visas
* Skilled Visas Free Online Assest
* Skilled visa requirements
* Points test
* Visa Entitlements
* Visa Application Costs
* Visa Processing Time
* Eligible Skilled Occupations (SOL)
* Bonus Point Occupations (MODL)

Partner Visas
* Partner Free Online Assessment
* Visa Requirements - Spouse / De facto
* Visa Requirements - Interdependent
* Visa Requirements - Prospective Spouse (fiancé)
* Visa Entitlements
* Visa Application Costs
* Visa Processing Time

Business Visas
* Business Free Online Assessment
* Visa Requirements - Business Owner
* Visa Requirements - Senior Executive
* Visa Requirements - Investor
* Visa Requirements - Established Business Owner
* Visa Entitlements
* Visa Application Costs
* Visa Processing Time

Employer Sponsored Visas
* Employer Sponsored Free Online Assessment
* Visa Requirements - 457
* Visa Requirements - ENS
* Visa Entitlements
* Visa Application costs
* Visa Processing Time
* eligible 457 visa occupations

Student Visas
* Student Free Online Assessment
* Visa Requirements
* Assessment Levels
* Visa Entitlements
* Visa Application Costs
* Visa Processing Time

Parent Visas
* Parent Free Online Assessment
* Visa Requirements - Working Aged Parent
* Visa Requirements - Aged Parent
* Visa Requirements - Contributory Parent
* Visa Requirements - Remaining Relative
* Visa Entitlements
* Visa Application Costs
* Visa Processing Time

Retirement Visas
* Retirement Free Online Assessment
* Visa Requirements
* Visa Entitlements
* Visa Application Costs
* Visa Processing Time

Working Holiday Visas
* Working Holiday Free Online Assessment
* Visa Requirements
* Visa Entitlements
* Visa Application Costs
* Visa Processing Time

Visitor Visas
* Visitor Free Online Assessment
* Visa Requirements
* Visa Entitlements
* Visa Application Costs
* Visa Processing Time

National Visas Resources

TERMS USED IN VISA APPLICATIONS

• Sponsor The Australian citizen, Australian permanent Sponsors and Australian visa applicants completing visa application forms without the assistance of a Registered Migration Agent must ensure that information given in response to the questions in the visa application forms are correct and accurate. Incorrect or incomplete information even if unintentional could be a ground for visa refusal or even visa cancellation after the visa is granted.

They should also take responsibility for the (a) selection of the appropriate visa class,
(b) completion of the correct application form for the particular subclass visa and (c)
payment of the correct visa charge at the time of application, to ensure that the visa
application is valid.

It is essential that an applicant has a clear understanding of the various terms used by
the Department of Immigration & Multicultural & Indigenous Affairs (DIMIA) in the
application forms. Below are meanings of some terms which you may find useful,
more will be included with succeeding articles each month:

• Primary applicant(s) The principal person applying for a visa to Australia
who must meet the primary criteria for the visa.

• Secondary applicant(s) Dependents or members of the family of the main applicant included in the visa application who must meet the secondary criteria.Resident or eligible New Zealand citizen who undertakes sponsorship obligations

• Assurer An Australian citizen, Australian permanent resident or eligible New Zealand citizen usually living in Australia who need not be the sponsor nor be related
to the visa applicant and undertakes to reimburse the Commonwealth with any money covered by the assurance if the visa applicant or dependents receive a recoverable benefit during the AoS.

• Australian Citizen A person who holds Australian citizenship

• Permanent Resident A person who holds a permanentvisa and is usually resident in Australia

• Partner A person who is in a married or in a de facto relationship, or the prospective spouse of the sponsor or a same sex partner as to the other.

Australian Visa Assistance :
Australian Visa
Skilled Visas
Partner Visas
Business Visas
Employer Sponsored Visas
Student Visas
Parent Visas
Retirement Visas
Working Holiday Visas
Visitor Visas
National Visas Resources