From 1 May 2019, all Nepalese citizens (both inside and outside Australia) applying for a Student visa in the Vocational Education and Training (VET) sector will be required to provide evidentiary documentation of English and Financial capacity irrespective of the education provider. This means a ‘Streamlined’ student visa applicant from Nepal wishing to study a VET sector course in Australia will need to submit documents that prove their English language ability and financial capacity to pay for their studies, living expenses and dependents (if any) at the time they lodge their visa application. The requirement to provide documentation may not yet be reflected in the Department of Home Affairs’ (the Department) online Document Checklist Tool. However, VET sector applicants are advised to submit the required documentation to lodge a complete application in addition to meeting all other visa requirements. Where this documentation is not provided with the visa application, the Department will request it. This may delay the processing of visa applications. This requirement will apply for the foreseeable future.
Many dream of migrating to another country to fulfil their dreams for better careers, for a different lifestyle for their family, or just for a new adventure. According to Culture Trip, Australia is a particularly popular destination to move abroad, because of its reputation for an excellent quality of life. Australia has one of the biggest immigration programs in the world. Due to growing interest and migration to Australia in 2017-2018, in the 2019 budget the Australian Government has capped migration to 160,000 places for 2019-20. The Skilled streams have been allocated 108,682 places, the family streams has been allocated 47,732 places and the special eligibility has 236 places. Of 108,682 places allocated for the skilled streams in 2019-20, only 18,652 places have been allocated to Skilled Independent visas which allow migrants to settle anywhere in Australia. This means that a major chunk of skilled migrants will settle in regional Australia, with 23,000 places allocated for regional visas. Of the 24,968 visas allocated for State/Territory nominations, a significant number of people nominated for them will be required to live outside Sydney, Melbourne, Perth, Brisbane and the Gold Coast. Occupations in Demand Based on the skills and qualifications demonstrated in the Expression of Interest submitted by a prospective visa applicant, the Department of Home Affairs invites the visa applicant to submit a visa application. As per research and data available the top 5 occupations have been: Health and social assistance occupations. In the year 2018-2019, Australia has reserved over 17,300 places for registered nurses under the Skilled stream. Nurses (Enrolled, registered, Midwife), Physiotherapist, sonographer optometrist, hospital/retail pharmacist, occupational therapist are all growing occupation with particular demand in rural and regional areas. Accountant (General). Employers in Victoria, South Australia and the Northern Territory experience difficulty in filling their vacancies for accountants. A majority of accounting graduates reported finding work within four months after graduation. Secondary school Teacher / Special Needs Teacher / Early Childhood (Pre-primary School) Teacher. The minimum points required to apply is 65 points under the Skilled Independent stream. There is a healthy market for teaching positions in Australia both in rural and metro regions. Software and Applications Programmers. This in-demand occupation attracts a very high number of applicants and the quota is exhausted quickly. Cooks. Hospitality is a fast growing industry in Australia, which means that cooks have increased chances of employment. There are also many visa pathways to Australia leading to permanent residency. The Australian Government is focused in addressing skills gaps in the economy and there is a push for more settlement in regional areas to ease population pressure in Melbourne and Sydney. The Federal Government has introduced new pathways to migrate to Australia and live in regional Australia for 5 years. Getting Assistance If you have any questions or would like us to assist you with your migration queries to Australia, contact us without delay. At McKkr’s, we are well-trained to handle highly complex matters. Book one of our agents for professional advice by calling 02 4626 1002 or email us to book in a time at corporate@mckkrs.com.au. We also speak fluent Hindi, Nepalese, Punjabi, Turkish, Tamil, Portuguese and Marathi. If one of these isn’t your language, we can also help you arrange an interpreter.
So you’ve been an Australian permanent resident for a while now and you’re thinking of making the next big leap… citizenship. It’s a big decision, but you’ll have to consider more than just whether you can stand to live in Australia’s perfect climate forever. A total of 4,151 applications for citizenship by conferral were refused in 2016-17. We’re going to break down for you why that happens, so you can avoid it when you decide to apply for your Australian citizenship. In 2017-18, a total of 80,649 people become Australian citizens by conferral from at least 180 different countries. There are many benefits of becoming an Australian citizen: making use of consulate services if one is experiencing difficulties while abroad. travelling in out of Australia without the burden of a costly Resident Return visa. an entitlement to vote. accessing certain student loans and medical facilities. applying for jobs in the Defence Forces and the Public Service. The most common reasons for refusal of Australian citizenship are outlined below. Failing the citizenship test Although the majority of applicants do pass the citizenship test on the first attempt, a major reason for a citizenship application refusal is not passing the citizenship test. This accounted for around 1,800 of applications denied in 2016/17. So, study up! Failure to prove identity The Department needs to be able to verify your identity for your citizenship application to be processed. As part of the process, you need to provide a photograph and a completed identity declaration signed by an existing Australian citizen who is not related to the applicant and who meets other eligibility criteria. Other verifying documents you provide need to be accurate and genuine, and align in terms of address details, spelling of names and the like. Failure to meet character requirements To get Australian citizenship, you must satisfy the Department that you are of good character. This is evidenced by providing a clear National Police Check, or overseas penal clearance certificate from countries you have spent time in, or declaration of any convictions. It is a requirement to provide to the Department whether you’ve has been convicted of a criminal offence or received a fine, suspended sentence or a period of imprisonment. Citizenship can denied if a serious offence is deemed to have been committed. Even minor traffic offences can impact a citizenship application if there are multiple driving offences or if you have outstanding fines. Non-disclosure of any convictions may indicate to the Department a deliberate ‘pattern of dishonesty.’ The Department may also check against any involvement in overseas extremist organisations. Failure to meet residency requirements Are you eligible to apply for citizenship? An Australian permanent resident is only eligible to apply for citizenship after four years. You must also generally be onshore when making a citizenship application and genuinely want to call Australia home, and continue to build a life here. Other ways to be eligible include: living in Australia on a valid visa for the past 4 years being a permanent resident or eligible New Zealand citizen for the past 12 months being away from Australia for no more than 12 months in total in the past 4 years, including no more than 90 days in total in the past 12 months A citizenship application may be refused if the Department isn’t convinced of your intention to build a life in Australia, or maintain a close and continuing association to Australia. If you have significant business or family outside of Australia that requires you to spend a significant amount of time overseas, it may affect your Australian citizenship application. Review Rights If your citizenship has been refused, you can request for it to be reviewed by the Administrative Appeals Tribunal (AAT). Our professionals can assist you with all steps along the way to either lodging an Australian citizenship application, or requesting and preparing for an AAT review of a refusal of a citizenship application. At Mckkrs, we are well-trained to handle highly complex matters. Book one of our agents for professional advice by calling 02 4626 1002 or email us to book in a time at admin@mckkrs.com.au. We also speak fluent Hindi, Nepalese, Punjabi, Turkish, Tamil, Portuguese and Marathi . If one of these isn’t your language, we can also help you arrange an interpreter. Statistics for Australian citizenship refusal for 2017-18 are not available from the Department of Home Affairs.
The Office of the Migration Agents Registration Authority (OMARA) has sanctioned 12 migration agents in the last 6 months for violating their Code of Conduct. Of these, 4 registrations were cancelled, 5 were suspended and 3 were barred. What is the role of OMARA? OMARA registers and regulates migration agents, and provides practice guides to assist registered migration agents in meeting their obligations under the Code of Conduct. What obligations must the migration agents follow? In Australia, migration agents must be registered and they must obey a Code of Conduct in order to provide proper immigration assistance or professional services. Under the Code, migration agents have to cover several obligations, in the following (but not limited to): Interactions with the clients; Fees and charges, record keeping and financial management; Responsibilities towards other agents; Must respond if a complaint is made against them; Prominently display the Code in their office and client waiting area. What if migration agent(s) are found in breach of their code of conduct? OMARA will conduct investigations, and if found in breach of the conduct, the migration agents will be subject to a disciplinary decision which will also be made public. Recent disciplinary decisions A recent prominent decision held on 14 February 2019 involves a cancellation of a migration agent’s registration for a period of 5 years for the following grounds: The agent submitted no less than 5 fraudulent documents to the Department and had encouraged his client to be complicit in this; The agent repeatedly and knowingly provided statements to the Authority that were false and/or misleading when responding to the complaints; The agent failed to issue Service Agreements and Statement of Services to clients, despite withdrawing client monies from his business accounts; The agent failed to maintain proper and accurate client records. Another sanction decision held on 28 February 2019 involves a less harsh penalties which involves a suspension of the registration of a migration agent for a period of 3 months, on the following grounds: The agent accessed the personal and immigration information of a person who was not her client, without their knowledge or permission, using the Department of Home Affair’s Visa Entitlement Verification Online (VEVO) system; The agent withheld documents from the Authority during investigation, in order to conceal her unauthorised access of information using VEVO. For both above decisions, the Authority held that the migration agents demonstrated a blatant disregard for the law, and was not held a person of integrity, or otherwise not a fit and proper person to give immigration advice. Getting Assistance It is paramount that all migration agents familiarise themselves with the Code of Conduct on a regular basis. If you need immigration advice and/or assistance, please ensure you speak to OMARA, or you can contact us with your query. At McKkrs, we provide CPD classes for RMAs and lawyers practicing migration law and would be happy to assist you where possible. Please contact us on (02) 4626 1002 or simply email us at admin@mckkrs.com.au.
SmartGate passport control machines, which work with e-passports and use facial recognition technology to check travellers’ identities, have malfunctioned, requiring passports to be checked manually. The Australian Border Force (ABF) said it was working with the Department of Home Affairs to resolve the outage, which is affecting the processing of inbound and outbound passengers. “A number of ABF and Department of Home Affairs IT systems impacted by an earlier outage have now been restored,” a spokesman said on Monday afternoon. “The Department is continuing work to bring all systems back online, ensure the integrity of the systems and resolve any ongoing issues.”
The April 2019 SkillSelect invitation round information has been released by the Department of Home Affairs (Home Affairs). Invitation quotas have dropped significantly in a lead up to the May 2019 Federal Election and the end of the financial year. The figures provided by Home Affairs indicate that since the last round information: The number of invitations for the Subclass 189 (Skilled Independent) visa has been substantially reduced from 1,490 to 100. The minimum points score for a 189 visa invitation is currently 80 points, with a one month processing time Expression of Interest (EOI) at this score. The number of invitations for the Subclass 489 Skilled Regional (Provisional) remained the same at 10, requiring a minimum point score of 80. Processing times are around 5 months from lodgement of an EOI. The minimum points score for pro-rata occupations, or those classified as occupations for which there is more demand for places, are as follows: Accountants: 90 Auditors, Company Secretaries and Corporate Treasurers: 85 Electronics Engineer: 80 Industrial, Mechanical and Production Engineers: 80 Other Engineering Professionals: 80 ICT Business and System Analyst: 85 Software and Applications Programmers: 80 Computer Network Professionals: 80
Training Benchmarks were abolished from 12 August 2018 with the introduction of the Skilling Australia Fund (SAF) levy. However, sponsoring employers may still need to meet Training Benchmark obligations. This means that: Please note that Training Benchmarks still apply to all sc457 Sponsors who have or had sc457 visa holders working for them. The Skilling Australia Fund (SAF) Levy applies to new nominations made after 12th August 2018 only on sc482, sc186 and sc187 visas. sc457 sponsor companies who wish to nominate workers on sc482 and sc186/ sc187 visas will need to provide evidence of having met their Training Benchmark obligations. Please also note that sc482 sponsors who had nominated workers after the implementation of sc482 but before the implementation of SAF on 12th August 2018 also will need to meet their Training Benchmark obligations.
Business and Skilled Migration Queensland has received additional quota for the skilled program and is re-opening the ‘Working in Queensland, ‘Masters’ and ‘PhD’ Queensland Skilled Occupation Lists (the Lists) from 18 April 2019. Once this quota has been filled the program will close again until July 2019. The Lists have recently been amended with occupations added and removed so will need to reviewed by the applicant before lodgment of an EOI. The Lists are available at: https://migration.qld.gov.au/skilled-occupation-lists/ Only EOI’s submitted from 18 April 2019 will be picked up via Skill Select. This means that if an applicant has lodged an EOI prior to this date and not received an invitation a new EOI will need to be submitted. Applicants must be onshore only and meet the onshore criteria for working in Queensland, including being employed for 6 months in the nominated occupation before submitting an EOI and have an ongoing job offer for at least a year. Queensland Masters graduates must be currently working in the nominated occupation and have continual ongoing employment for at least 12 months. PhD graduates are not required to have a job, however there is an exception for the occupation of University Lecturer. PhD applicants applying under the occupation of University Lecturer (ANZSCO code 242111), must meet working in Queensland criteria including having been employed for six months in their nominated occupation and have continual ongoing employment for at least 12 months. Invitations to suitable candidates will commence from 24 April 2019.
The Federal Government is launching a new tourism campaign aimed at backpackers from the United Kingdom, France and Germany to lure more working holiday makers and boost the Australian economy. The number of backpackers arriving in the country has stagnated. A campaign video launched on 20 April 2019 will run in the United Kingdom, France and Germany and will re-engage young foreigners on the benefits of working while holidaying in Australia. Quarterly figures from the Department of Home Affairs shows there were 145,479 working holiday makers as at December 2018, compared to 146,431 in the same period last year, December 2017. However, the numbers dropped substantially between March 2017 and September 2017 when it went from 150,059 to 136,925, during which the backpacker tax came into effect. This is one of a range of measures introduced to promote the working holiday visas. The Government last year also announced it would ease time limit restrictions on working holiday makers allowing them to spend more time in Australia. The changes allow backpackers to stay with one employer for up to a year, rather than six months as well as being allowed to renew their visas for a second year, and sometimes a third.
Please note changes to electronic application form introduced on 17th April 2019. You may need to start a new application for an incomplete application. A new electronic application form was introduced for the Working Holiday visa on 17 April 2019. Any partially completed, ‘saved’ or, ‘in progress’ Working Holiday visa application forms that were not submitted by 16 April 2019 will be set to a status of ‘discontinued’ within ImmiAccount. Applicants will need to start a new Working Holiday visa application form to continue the visa application process.