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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More students eligible for simpler, faster visas

Posted on June 25, 2014 by Azhar

For the first time students enrolled in advanced diploma level courses at low immigration risk providers will be able to access streamlined visa processing (SVP) arrangements.
SVP will benefit eligible students through simpler and faster visa processing.

It will make study in Australia even more attractive to overseas students, while at the same time ensuring that immigration risk is appropriately managed.
These changes will benefit Australia’s vocational education and training (VET) and higher education sectors, supporting the sustainable growth of international education in Australia and boosting the economy.

It is expected that the extension of SVP to low immigration risk providers offering advanced diploma courses will commence in early 2015, pending legislative changes.

For more information see:
www.stallionimmigration.com

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Skilled migration helping regional businesses

Posted on August 8, 2012 by Azhar

A medium-sized steel fabrication business in Broome, servicing the vast Pilbara and Kimberly regions in Western Australia, faced a challenge not unfamiliar to many regional employers around Australia—recruiting and retaining skilled workers to help the business grow and meet its customers’ needs.
In the shadow of the resources boom, the company also experienced competition for workers with nearby mining projects

.
Alongside investing in training and development for local workers, including building opportunities for local Indigenous workers, the 457 program helped the company grow while building a culturally diverse and inclusive workforce.
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Employer sponsored visa categories,

including the 457 visa program, have the highest processing priority, which means skilled workers can be deployed more quickly into the Australian workforce where they are most needed. Access to skilled workers is critical for regional businesses to prosper, which in turn supports the local community and economy.
The 457 program enables Australian employers in both regional and metropolitan areas to sponsor overseas skilled workers for temporary residence in Australia for a period of up to four years, filling skilled vacancies in their business where the local labour market cannot meet demand.

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Skills for the mining boom – Enterprise Migration Agreements

Posted on June 7, 2011 by Azhar

Mining boom Mark II brings an unprecedented level of investment and opportunity to Australia. The National Resources Sector Employment Taskforce conducted extensive research and consultation finding that there will be serious skills shortages in the resource industry.
The simple fact is this: there will simply not be enough Australian workers to get the job done. For example, there is $380 billion of new investment planned for resource projects – this is projected to lead to a shortage of 36 000 tradespeople by 2015. This impact will not just be felt in the outback of Western Australia and Queensland but also in our major cities as workers are attracted to jobs in mining.

To meet this important challenge, the government will implement all of the recommendations of the National Resources Sector Employment Taskforce report. One of these 31 recommendations is to introduce Enterprise Migration Agreements (EMAs).
These agreements will be one way to help the resource sector meet its skills needs in the coming years. EMAs are not a new visa, but an umbrella agreement to bring in temporary skilled workers from overseas. These agreements will include:
• Training measures to reduce the reliance on overseas workers, and increase the skills of the Australian workforce.

• Evidence that there are genuine skills shortages in the local area.
• Demonstrated efforts to use Australian workers first.
EMAs will be for ‘mega’ projects only. These projects will need to cost at least $2 billion to build and employ more than 1500 workers. It is crucial that construction on these projects is not delayed due to the lack of key skilled workers. This is because each additional job in the resources sector may lead to a further three jobs in other industries. Skills shortages in the resources sector can quickly spread to our major cities.

Access to overseas workers under EMAs will help to ensure the workforce needs of these projects are met, ensuring economic and employment benefits for all Australians can be realised. This will be done without undercutting local wages.
This is because all overseas workers employed under EMAs will be on 457 visas. The 457 program is efficient for business without undermining local opportunities. Subclass 457 visa holders must be paid at least as well as an Australian doing the same job.
The average salary for a 457 visa holder working in the mining industry is $122 000.

This does not take into account any allowances or bonuses. Subclass 457 visa holders must be paid superannuation.
Each EMA project owner will also have to demonstrate the genuine need for overseas workers. However, requiring each and every contractor to repeat this process would be a waste of time and create unnecessary red tape.



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Subclass 457 changes: a labour agreements perspective

Posted on August 21, 2013 by Azhar

It has been a year of change for the subclass 457 visa program. In our previous blog post about the 457 program in July, Kate wrote about the changes to the subclass 457 visa and how they will affect Australian businesses. In this blog post we will review the changes from a labour agreements perspective.

While the majority of changes to the subclass 457 visa will affect sponsors under the standard business sponsorship program, there are some changes that will apply to new and existing labour agreements.
About three per cent of all subclass 457 visas are granted under labour agreements. At June 2013 there were 162 labour agreements in effect and a further 71 under negotiation.
Some of the legislative changes that affect both labour agreement sponsors

and their sponsored workers include:

• Commencement of work—sponsored 457 visa holders must commence work with their sponsor within 90 days of arriving in Australia.
• Finding a new sponsor—subclass 457 visa holders who cease employment with their sponsoring employer have 90 days to find a new sponsor or depart Australia.
• English language requirement—occupational English test score of ‘B’ in each of the four test components is now accepted for 457 visa applications, bringing this element of the subclass 457 program into alignment with the Employer Nomination Scheme.
• English exemptions—-occupation based exemptions to the English language requirement have been removed, with the assessment of generalist occupations strengthened.
  
• Skills assessments—applicants nominated in a generalist occupation, such asprogram and project administrator and specialist manager not elsewhere classified, must now undertake a formal skills assessment.

More information about the 1 July subclass 457 visa reforms is available on our website.
Existing and prospective labour agreement sponsors should also note that the temporary skilled migration income threshold increased from $51 400 to $53 900 on 1 July 2013.
For more information about labour agreements, visit the department’s website or email the specialist team for your industry:

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Changes to the subclass 457 visa

Posted on July 3, 2013 by Azhar

Reforms to the subclass 457 visa commenced on 1 July.

How will the changes affect Australian businesses?
The changes will not adversely affect the majority of employers who are using the program appropriately. The changes will, however, strengthen the government’s capacity to identify and prevent employer practices that are not in keeping with the purpose of the subclass 457 program.
If the department has any concerns that an employer is not committed to training Australians, or a nominated position may not be genuine, then they may be requested to provide additional justification before a sponsorship or nomination can be approved.

 
Sponsors are also required to understand their new obligations.
How will the changes affect current subclass 457 visa holders?
There will be no adverse effects on existing visa holders. However, visa holders should note the changes to the English language and skills requirements if they plan to change employment, change their occupation or seek a further subclass 457 visa.
How will the changes affect subclass 457 visa applicants?
All subclass 457 visa applications lodged before 1 July 2013 but not finalised, will be subject to the new visa requirements. Your case officer will request further information if required.
All subclass 457 visa applications that are lodged after 1 July 2013 will be subject to the new visa requirements. The majority of subclass 457 visa applicants

will not be affected by the changes.
In some circumstances further evidence to demonstrate claims for a subclass 457 visa may be required. Visa applicants should note the changes to the English language and skills requirements.
Are there changes to how subclass 457 applications can be lodged?
All subclass 457 sponsorship, nomination and visa applications must now be lodged online. Paper applications are no longer accepted.

For more information on the changes please visit the department’s website.


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Dispelling the myths on EMAs

Posted on September 12, 2012 by Azhar

It would be hard to have missed the commentary that has followed the minister’s recent announcement of an Enterprise Migration Agreement (EMA) for the Roy Hill Project in Western Australia. It is important to understand the facts of the EMA program and why it was introduced.
In a previous post, the rationale for EMAs was outlined in detail. A report from the National Resources Sector Employment Taskforce in July 2010 recommended their introduction. Additional evidence has also pointed to the need for a migration option which guarantees large mining projects have the workers to proceed—for example, the Skills Australia interim report of 2011 on resources sector skill needs indicated that by 2016, Australia will have a shortfall of 89 000 skilled workers in the resources sector.

Let’s address the most commonly raised concerns about EMAs.
‘EMAs and the negotiations around them are secretive’
An EMA is a contract between the Australian Government and the project owner. A contract like this cannot be fully disclosed because it contains commercially-sensitive information. The EMA guidelines require that extensive consultation must occur with all key stakeholders before an EMA can be agreed. The department will publish projects which have an active EMA.
‘EMAs will take away Australian jobs’
This is untrue. The government’s priority is to ensure suitably qualified Australian job seekers have every opportunity to find work in the resources sector. To assist, a Resources Sector Jobs Board was created to help Australians find employment opportunities offered by the mining boom.

However, there is a large body of evidence that points to significant skills shortages in the resources sector over the coming years. This shortfall suitably skilled workers is compounded by the unprecedented demand for Australian minerals and resources and the high levels of capital expenditure that are flowing into the country.
The EMA program aims to lock in these large mining projects to ensure their viability. This helps secure Australian jobs and supports future Australian workers entering into the sector through training and apprenticeships, which are an integral part of all EMAs.
‘EMAs will undermine Australian working conditions and wages’
This is untrue. The Worker Protection Act 2008, introduced in September 2009, requires overseas skilled workers

be paid the market salary rate and provided with the same terms and conditions of employment as an Australian worker doing the same job at the same place. This ensures two things—that the employment conditions of Australian workers are maintained and not undercut; and that overseas workers are treated fairly in the workplace.
Sponsorship obligations also require employers to pay the travel costs to enable 457 workers to leave Australia. There is, therefore, no incentive for businesses to reduce costs by employing overseas workers through the skilled program—skilled migrants supplement the Australian labour force, not supplant it.

‘EMAs will result in overwhelming numbers of overseas workers’
This is untrue. Let’s put the numbers in perspective here—the minister has approved up to 1715 overseas workers for the Roy Hill Project. Comparatively, there were around  91 000 subclass 457 visa holders in Australia at 30 June 2012. Overseas workers under this EMA, therefore, represent less than 2 per cent of the overall 457 program.

Further information on EMAs can be found here.
The EMA submission guidelines are located here. 


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