Inadvertently breached your student visa conditions

Inadvertently breached your student visa conditions?

Posted on May 14, 2014 by Azhar

If you wish to apply for a student visa in Australia and have previously breached a visa condition, you are now able to be granted a student visa in Australia if that breach was the result of exceptional circumstances.
We recognise on some occasions a visa holder may inadvertently breach their visa conditions due to exceptional circumstances outside of their control.
Legislative change has recently been introduced which provides flexibility to take into account these exceptional circumstances. As a result, prospective student visa applicants may no longer need to leave Australia to apply for a new student visa if they have unintentionally breached a visa condition.
They will however, need to provide evidence the breach resulted from exceptional circumstances and they must satisfy all the criteria for grant of the student visa.

 The following fictional scenario is provided as an example of circumstances that may be considered exceptional.
Bernard is studying a Bachelor of Journalism on a Higher Education Sector visa (subclass 573). He is a good student and is determined to gain a qualification that will enhance his prospects of employment in his home country. Partway through his second semester he suddenly falls ill and is taken to hospital.

Due to the severity of his illness, Bernard spends the rest of the semester in hospital recovering from his illness and is unable to notify his education provider to request a deferral from his studies. As the education provider is unable to contact Bernard, he is eventually reported for failing to achieve satisfactory course progress and attendance. Bernard has inadvertently breached visa condition 8202.
Bernard returns to his course and provides a medical certificate to his education provider who retroactively grants him a deferral for his absence. He is now required to study for an extra semester to complete his course and will need to apply for a new student visa.

Due to the legislative change, Bernard can remain in Australia and lodge an application for a new subclass 573 student visa while he continues his studies. When he lodges his student visa application, he includes a declaration outlining the exceptional circumstances that led to him breaching the condition on his visa and provides evidence of his hospitalisation.
The department is satisfied the breach was the result of exceptional circumstances and is also satisfied Bernard meets all the criteria for grant of the student visa including the genuine temporary entrant and genuine student requirements. Bernard is granted a new student visa and is able to complete the final semester of his course in Australia.

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New Identity Requirements in Public Interest Criterion (PIC) 4020

Posted on May 5, 2014 by Azhar

New identity requirements were introduced for Public Interest Criterion (PIC) 4020 from 22 March 2014.
PIC 4020 is a criterion that attaches to a number of visa subclasses. If PIC 4020 is part of the criteria for the particular skilled migration, student, business skills, family or temporary visa you have applied for, you must satisfy PIC 4020 in order to be granted your visa.

Since 2011, PIC 4020 has enabled refusal of a visa if an applicant provides a bogus document or information that is false or misleading in relation to their application.
The new identity requirements mean that as part of your visa application you must now satisfy the Minister of your identity. If you are refused a visa because you are unable to satisfy the Minister of your identity, you will not be granted a visa for a period of 10 years after refusal.

You won’t be able to provide reasons to waive these new requirements, as they are not subject to a waiver.
If your visa is refused because you did not satisfy the Minister of your identity, anyone who is listed as a member of their family unit will also be refused. These family members will also be prevented from being granted another visa (where the visa requires you to satisfy PIC 4020 as part of the visa criteria) for 10 years.
The other criteria of the PIC remain the same and you are still required to satisfy them in order to be granted a visa

.
Visa applicants must not provide bogus documents or false or misleading information in support of their visa application. If your visa application is refused because you or any of the members of your family unit provide bogus documents or information that is false or misleading in relation to your application, you might be prevented from being granted a visa for three years.
Find out more at: www.stallionimmigration.com

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visas for 51 more nations

Posted on May 9, 2014 by Azhar

Fifty one countries and regions have been added to the eligibility list for electronic lodgement of Visitor visa (subclass 600) applications from 9 May 2014.
Citizens from 124 countries can now benefit from lodging online to holiday in or visit Australia.
For those who are eligible, travellers to Australia will find the process of applying for a Visitor visa

faster than ever. Online access to these visas is being progressively expanded to all countries.
To check if your country is on the eligibility list, or for more information about online lodgement arrangements for the Visitor visa (subclass 600), see our Visitor visa page:www.stallionimmigration.com

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Changes to Other Family and Non-Contributory Parent visas

Posted on June 3, 2014 by Azhar

On 2 June 2014 the government repealed the following visas:
Parent (non-contributory) visas:

• subclass 103 (Parent)
• subclass 804 (Aged Parent)

Other Family visas:

• subclasses 114 and 838 (Aged Dependent Relative)
• subclasses 115 and 835 (Remaining Relative) and
• subclasses 116 and 836 (Carer)

Why is the Government ceasing new applications for these visas?
The focus of family migration is on the reunion of close family members, who are the partners, children and contributory parents of Australian citizens and permanent residents. Closure of the Parent (non-contributory) and Other Family visas will help free up places in the Family Stream for the migration of close family members.

The visas being repealed have long processing queues. Based on current planning levels, an applicant for a Parent (non-contributory) visa can expect to wait about 13 years before being considered for the grant of a visa after being allocated a queue date. An applicant for an Other Family visa can expect a waiting time of between four years (for a Carer visa) and 16 years (for a Remaining Relative and Aged Dependent Relative visa). These waiting periods reflect the significant number of visa

applications in comparison to the limited number of visa places available each Migration Programme year.

What other options will parents have to migrate to Australia?
Parents will continue to have the option of applying for a permanent Contributory Parent visa, either subclass 143 (Parent) for parents outside Australia or subclass 864 (Aged Parent) for parents in Australia. Under these visas, applicants are required to pay a higher Visa Application Charge (VAC) and Assurance of Support bond than the Non-contributory parent visa. It is possible to stagger the costs by first applying for a temporary Contributory Parent visa and then for the permanent Contributory Parent visa. The temporary Contributory Parent visas include the Contributory Parent (subclass 173) visa for parents outside Australia and the Contributory Aged Parent (subclass 884) visa for parents in Australia.

Alternatively, parents can apply for a long stay Visitor visa which allows eligible parents to visit their children in Australia for regular periods of up to 12 months at a time over an extended validity period. For many families, temporary stay provides greater flexibility without the need to wait in a queue for years for a permanent visa.
What options do other family relatives have to migrate to Australia once these visas are closed?
Relatives of Australian citizens and permanent residents other than partners, children and contributory parents who wish to migrate to Australia will need to satisfy requirements for entry as a skilled migrant. All intending migrants interested in the points based skilled migration or business investment and innovation visa programs

are required to submit an Expression of Interest (EOI) using the SkillSelect online service and receive an invitation in order to lodge a visa application.
I have already applied for a visa. What happens to my application?
If you have already applied for an Other Family or Non-Contributory Parent visa your application will continue to be processed under existing regulations and policy. Please note that the Parent (non-contributory) and Other Family visas are subject to annual planning levels. In 2014-15, 1500 places have been allocated to Parent (non-contributory) and 500 places to Other Family. Based on 2014-15 planning levels, you can expect to wait up to 13 years for a Parent (non-contributory) visa, four years for an Other Family (Carer) visa and up to 16 years for an Other Family (Aged Dependent Relative) or Other Family (Remaining Relative) visa.

I want to add a dependent family member to my existing application. Am I able to do this?
Eligible dependent family members, such as a partner or dependent children, are able to be added to an application after the date of repeal. You will need to provide evidence of the relationship, including dependency, in submitting this application.
I have an ongoing need for assistance due to a disability and had intended to sponsor my relative to migrate to Australia as a Carer to look after me. What options would I have to bring my relative to Australia if the Carer visa is closed to new applications?
Relatives other than the partners, children and contributory parents of Australian citizens and permanent residents who wish to migrate to Australia will need to satisfy requirements for entry as a skilled migrant.

Alternatively, your relative may be eligible for a longer stay Visitor visa. Eligible applicants are able to stay in Australia for a longer stay period than would otherwise be provided on a Visitor visa, where they can show that the purpose of their visit is to assist with the short-term care needs of a seriously ill relative who is an Australian citizen or permanent resident. Normal visitor visa requirements apply including the requirement that the applicant genuinely intends only a temporary stay in Australia.

What alternatives are there for me to migrate to Australia as a remaining relative or aged dependant relative if these visas are closed?
Relatives other than the partners, children and parents of Australian citizens and permanent residents who wish to migrate to Australia will need to satisfy the requirements for entry as a skilled migrant.
For more information see:
www.stallionimmigration.com


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More choice in English language testing

Posted on May 23, 2014 by Azhar

Applicants for a number of visas are being given more choice in English language testing.
From November this year, people applying for Temporary Graduate, Skilled, Work and Holiday and Former Resident visas will be able to provide the department with a test score from the Test of English as a Foreign Language internet-based test (TOEFL iBT) or the Pearson Test of English Academic. These tests are in addition to the International English Language Testing System (IELTS) and the Occupational English Test currently used.

A final implementation date in November will be published on the department’s website later this year.
Scores from these additional tests will be benchmarked against the IELTS equivalency. A list of the visa subclasses accepting scores from the alternative tests and a summary of test score equivalencies is available on our website at www.stallionimmigration.com

The department will also be able to accept scores from the Cambridge English: Advanced (CAE) test from early 2015, and later in the year we will publish more about this test on our website. Scores from a Cambridge English: Advanced (CAE) test taken before the 2015 implementation date will not be accepted by the department.
We understand that people will be interested in whether the subclass 457 visa will be able to accept these alternative tests. At this stage, we cannot confirm that applicants for the 457 visa will be able to provide us with scores from these alternative tests, because the subclass 457 programme is being independently reviewed.

The review is expected to report to government by mid-2014.


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Working while studying in Australia

Posted on June 5, 2014 by Azhar

If you are an international student working in Australia, it is important you know your rights, entitlements and protections in the work place.
Do you know:

• it is illegal for an employer to treat you any differently to other workers based on your gender, religion, culture or nationality?
  
• you may be entitled to higher pay for working at night, on the weekend or on a public holiday?
• your employer is not allowed to fire you if you are away from work temporarily because you were sick?

The Fair Work Ombudsman provides a free service to all people working in Australia. contacted for assistance if you have any concerns about your treatment at work.

They have a range of information available on their website to help you understand your work conditions, and can be


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Latest visitor visa statistics now available

Posted on June 20, 2014 by Azhar

Australia continues to draw high levels of interest from international visitors according to the latest departmental report.
The department has granted more than 3.1 million visitor visas this financial year to 31 March 2014, which is nearly 6 per cent higher than last year.
Interest from Asia continues to rise significantly with tourism visa applications from China up 22 per cent (to more than 380 000 applications),

Malaysia up nearly 26 per cent (to more than 187 000 applications) and applications from India up 19 per cent (to more than 102 000 applications).
The report also outlines some key initiatives of the Visitor visa programme including the introduction of a three-year validity, multiple entry visa for Chinese business visitors to enable them to engage in important bilateral trade and investment activities along with the opening of new Australian Visa

Application Centre (AVAC) in additional countries, including India in June 2014.
Visitor visa quarterly reports are located on the department’s website at: www.stallionimmigration.com. These results aren’t unexpected as changes were made to the Visitor visa programme last year to make it easier to apply. Also the expansion of online visitor visa applications in May 2014 means it is now possible for visitors from an additional 51 countries and regions to apply for their visitor visa online.

Watch this space for further posts about the Visitor visa programme.

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