It is never pleasant for visa applicants to receive a refusal notification from the Department, especially for onshore applicants who might be faced with having to leave Australia and return to their home country. Your Options If Refused When your visa application is refused, you may have a range of options which can include: Submitting an AAT review Submitting a judicial review Request for ministerial intervention Submitting a new visa application If you submit a review application on time, you may be able to hold a bridging visa to remain in Australia, while you wait for the Tribunal hearing date. Factors When Submitting an Appeal There are a few factors which you must consider when submitting an appeal, such as: The time limit for you to submit a review application Who is the person or organisation eligible to submit the review application? Do you have a strong case for the review? How Mckkr’s can help with your appeal Mckkr’s provides assistance with your review application by: Advising you on your review rights Assessing if you have a reasonable prospect of success at the Tribunal Advising you on further supporting documents that you can supply Attending the AAT hearing with you Providing any further submissions required after the hearing Our team of migration agents and lawyers will prepare evidence and provide a written submission to the Tribunal. As we near your Tribunal hearing date, we will help you understand the Tribunal hearing process to ensure that you are not nervous when facing the Tribunal member. The Judicial Review Process If the review application at the Tribunal results in a negative decision, the migration lawyers at Mckrr’s will be able to assist with judicial reviews with the courts. To apply for judicial review you must be able to prove there has been jurisdictional error. Having attended the hearing with you, we are able to identify potential jurisdictional errors as they occur and prepare for judicial review should it be necessary. We can review your case to determine if there is a jurisdictional error, to form grounds for a judicial review. There are a number of circumstances where a decision may be appealed directly to the courts without going through the AAT. Ministerial Intervention For Ministerial Intervention, your case must have been considered by the AAT. You will also need to meet unique or exceptional circumstances as described by the Minister, for your case to be considered. The acceptable circumstances are usually compassionate grounds, or exceptional benefits to Australia. We can assess your case and provide advice on the prospects of ministerial intervention. We can also help you to prepare written submissions and arrange supporting documents to show the minister that they should intervene in your matter. Alternative Options Applications other than visa applications can be reviewed as well. This includes employer sponsorship and nomination applications, as well as citizenship applications. For some, the most efficient way towards a positive outcome, is to submit a new application altogether. Review applications can take time and the results may be uncertain. Submitting a new and correct application can save money and time in the long-run. If submitting a new application is more appropriate in your case, we will advise you during our initial consultation. Please note: The circumstances leading to a refusal of the visa application are different for each applicant and a new visa application may not be possible, especially if your visa is refused for genuine reasons. Conclusion Receiving a refusal notification regarding your visa or appeal can be extremely stressful and costly, but it is not the end of the world. If you have received a refusal, it is important to find out what your options are immediately. Once you have reviewed your options, you should act accordingly and quickly. With that being said, it is important that you choose the pathway right for you. To do this, you must understand what appeal process you are eligible for, if it is the most efficient pathway, and whether it is cost effective. The most effective action you can take towards a positive and efficient outcome is to use a Migration Agent. As mentioned, Migration Agents will be able to not only provide you with all the information needed but also act on your behalf while guiding you through the entire process. At Mckrr’s we are experienced in assisting applicants in all matters relating to Australian visa applications, including sponsorship applications. If you require further information regarding your Australia visa options you can contact us through our website or call us on 02 46261002 or email us at admin@mckkrs.com.au.
The ANZSCO (Australian and New Zealand Standard Classification of Occupations) is structured in five hierarchical levels i.e. major group, sub-major group, minor group, unit group and occupation. The most detailed level of the classification is called occupation which is denoted by 6 digits, e.g. 142111 Retail Manager. A set of occupations are aggregated together to form a unit group, e.g. 1421 Retail Managers. Each unit group has a description of the nature of the occupations, a summary of the main activities of occupations that form part of that unit group and a detailed list of duties that would generally apply to all or most of the occupations in that unit group. For each skill level, ANZSCO outlines the level of relevant formal qualification, the amount of relevant work experience and/or on-the-job training that may be required for an individual to competently carry out the tasks and duties of an occupation. For most occupations, work experience may substitute the qualification listed. However, in some instances, work experience and/or on-the job training may be required in addition to the required qualification. Registration or licensing may also be required for certain occupations. The concept of skill level In ANZSCO, skill level is defined as the range and complexity of the set of tasks performed in a particular occupation. The greater the range and complexity of the set of tasks, the greater the skill level of an occupation. Skill level is measured by: the level or amount of formal education and training the amount of previous experience in a related occupation, and the amount of on-the-job training In general, the greater the range and complexity of the tasks, the greater the amount of formal education and training, previous experience and on-the-job training required. Formal education and training refers to the level and amount of education and training required for competent performance of the tasks required in an occupation. It is measured in terms of educational qualifications as set out in the Australian Qualifications Framework (AQF) and the New Zealand Register of Quality Assured Qualifications (NZ Register). Previous experience refers to the time spent gaining work experience in related occupations. On-the-job training refers to the amount of training required after commencing work in an occupation for competent performance of the tasks in that occupation. It is measured in months or years, and may be undertaken at the same time as formal training. ANZSCO does not measure the skill level of an individual, rather it refers to the level of skill that is typically required to competently perform the tasks of a particular occupation. Skill level is an attribute of occupations, and it is irrelevant whether a particular individual working in a job in a particular occupation has a certain amount of training or a particular level of competence or not. The determination of boundaries between skill levels is based on the following definitions. SKILL LEVEL 1 Occupations at Skill Level 1 have a level of skill commensurate with a bachelor degree or higher qualification. At least five years of relevant experience may substitute for the formal qualification. In some instances relevant experience and/or on-the-job-training may be required in addition to the formal qualification. SKILL LEVEL 2 Occupations at Skill Level 2 have a level of skill commensurate with one of the following: NZ Register Diploma or AQF Associate Degree, Advanced Diploma or Diploma. At least three years of relevant experience may substitute for the formal qualifications listed above. In some instances relevant experience and/or on-the-job-training may be required in addition to the formal qualification. SKILL LEVEL 3 Occupations at Skill Level 3 have a level of skill commensurate with one of the following: NZ Register Level 4 qualification AQF Certificate IV or AQF Certificate III including at least two years of on-the job training. At least three years of relevant experience may substitute for the formal qualifications listed above. In some instances relevant experience and/or on-the-job-training may be required in addition to the formal qualification. SKILL LEVEL 4 Occupations at Skill Level 4 have a level of skill commensurate with one of the following: NZ Register Level 2 or 3 qualification or AQF Certificate II or III. At least one year of relevant experience may substitute for the formal qualifications listed above. In some instances relevant experience may be required in addition to the formal qualification. SKILL LEVEL 5 Occupations at Skill Level 5 have a level of skill commensurate with one of the following: NZ Register Level 1 qualification AQF Certificate I or compulsory secondary education. For some occupations a short period of on-the-job training may be required in addition to or instead of the formal qualification. In some instances, no formal qualification or on-the-job training may be required. At Migration Centre of Australia, 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.
Purpose The 407 Training Visa is a visa introduced to promote international goodwill by allowing Australian businesses to sponsor people to travel to and stay in Australia for workplace occupational training. There are three types of occupational training covered under this subclass: Workplace-based training required for registration Structured workplace-based training to enhance skills in an eligible occupation Training that promotes capacity building overseas This is a sponsored visa. If the organisation has applied for approval as a training and research or professional development sponsor and is approved as a sponsor of this type, it will be able to sponsor a Training Visa (Subclass 407) applicant. The organisation will need to be approved as temporary activities sponsor which is approved for a period of 5 years commencing from the date of approval. The approved sponsor can also nominate any number of applicants. Members of a family unit can also apply. This visa is not intended to fill labour shortages, therefore it is not a Visa for people whose sole purpose is to work in Australia. The visa allows applicants to work in Australia for a maximum of 2 years but it can be renewed at the end of the training period as many times as needed. Visa holders have restricted work rights. They can only perform work or a training activity that was specified in the applicant’s nomination or visa application. If applicants underwork work or activities that are not directly relevant to the nominated work or activity, the applicant’s visa may be cancelled. Stages of Application An application for a 407 Training visa requires a Sponsorship and Nomination application. A lawfully operating Australian organisation, government agency or foreign government agency in Australia can apply to be a sponsor and then nominate the applicant for the proposed occupation training. If the sponsor is not a Commonwealth agency, the application process has three stages: Sponsorship – Nomination – Visa Sponsorship Application – must be lodged by the Sponsoring organisation to become a temporary activities sponsor Nomination Application – must be lodged by the Sponsoring organisation to nominate the applicant for the training program Visa Application – must be lodged by the applicant If the sponsor is a Commonwealth agency, then the application process will have only two stages: Sponsorship application and Visa Application. Commonwealth agencies, as approved sponsors, do not need to lodge a nomination. If the sponsor is a Commonwealth agency and has been approved as a sponsor, then there should be an invitation letter to the applicant which includes the information regarding the duration and dates of the training and a brief explanation of the training program. For the visa application, the applicant must provide a copy of the invitation letter from the common wealth agency. Changing sponsors If the applicant wishes to change the organisation and training is to be organised by a different approved sponsor, then the applicant has to lodge a new nomination application and the training can commence only after the approval of the nomination. If the applicant continues the training with the same sponsor but decides to change the occupation, then a new nomination and visa application must be lodged and the training must commence only after the nomination application has been approved. Nomination Type 2: Most common Occupational training is for applicants with recent and suitable experience in the nominated occupation, who are seeking to undertake a structured workplace-based training programme in relation to an occupation specified in the list of eligible occupations. For the nomination to be considered under the type 2 it must be: Workplace based training programme specifically, structured for the nominated person as per the training needs The occupation should be in relation to the 6-digit code mentioned in the ANZSCO The nominee should have at least 12-months full time experience in the occupation to which the training relates in the 24 months immediately preceding the time of nomination. Training Program The training should include an assessment of the nominated trainee’s current level of skill in the chosen occupation, a skills assessment, and details of supervisors, trainers and assessors, including their qualifications and experience, planned learning outcomes and how they will be monitored and assessed. The training programme should be specifically tailored to the training needs of the nominee. The programme should: clearly differentiate between periods of practical work experience and periods of instruction and/or observation outline the objectives, tasks and timeframes describe nominated trainee’s current level of skills and outline the additional or enhanced skills the applicant is aiming to gain. The tasks to be completed and outcomes to be achieved should increase in difficulty and complexity over the course of the training program to allow the trainee to progress to a higher-level capability. The training will include supervision by appropriately qualified and experienced supervisors. The program should comprise at least 30 hours a week of training and at least 70 percent of that training must be conducted in the workplace. (i.e. not in a classroom or similar teaching environment). Nomination decision If the nomination is approved, then the Department will send a letter with: the nomination identification number the date the nomination ceases This letter is required for the visa applications of the applicant. If the nomination is not approved, then the Department will send the letter with: the reason for the refusal of the nomination if there are any rights for the merit reviews of the application and also, the time limits to apply for review of the application Visa Application Primary criteria: Age: Applicant must have turned 18 at the time of the application Functional English: Must meet the requirements for Functional English Nomination: At the time of the decision for the approval of the visa there should already be an approved nomination Opportunities for Australian residents: The applicant does not intend to engage in activities that will have an adverse consequence for Australian citizens or permanent residents Health insurance: must have adequate arrangements for health insurance Genuine temporary entry: officer must be satisfied that
With the unveiling of the Budget this year came the announcement of two new regional provisional visas, and one new regional permanent residency visa to come into effect in November 2019. Skilled provisional visa subclasses 491 and 494 will supersede respectively the current 489 and 187 subclasses, while the 191 will function similarly to the current permanent 887 visa. So what are the changes that you need to know about? As part of a push to drive industry in regional Australia and lessen the population burden in metro areas, the Government has increased the time required to stay in a regional area from two years to three years in order to be eligible for permanent residency. However, the length of the visa will also increase from four years to five. More occupations will become eligible, and opportunities in regional Australia will increase— and for this visa, “regional” refers to any part of Australia outside of Sydney, Melbourne, Perth, Brisbane and the Gold Coast. Details on current minimum taxable incomes are yet to be released, and it is likely that more information about other aspects of the visa will become clearer as we get closer to its release date. This visa will also be affected by the general changes to Points Test for skilled migration which come into effect from November 2019. Getting Assistance 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 RMA’s and Lawyers practicing migration law and would be happy to assist you. Please contact us on (02) 4626 1002 or simply email us at admin@mckkrs.com.au.
What is a bridging visa? Bridging Visas are simply transitory visas which permit the applicant to remain in Australia for a certain period of time and follow the expiration of the applicant’s current substantive visa while waiting for an application for another substantive visa to be processed. How are they granted? The applicant is onshore and has lodged a new application with Department of Home Affairs; The applicant has applied to the AAT for a decision on a visa refusal or cancellation; There is a court appeal and the applicant is awaiting on a decision on the visa; The applicant has requested for a Ministerial Intervention; or The applicant has been an unlawful non-citizen and is making arrangements to depart Australia voluntarily. Types of Bridging Visas There are six bridging visa types which all have slightly different entitlements attached to them. Bridging Visa A subclass 010 (BVA) The Bridging Visa A is granted when the applicant applies for a visa while they are onshore and is the holder of a valid visa. The BVA allows the applicant to remain in Australia after the expiry of his substantive visa while he waits for a decision on his pending visa application. If an applicant holds a BVA and his visa application has been refused, the applicant has 28 days to depart Australia. The applicant can appeal the decision to the AAT. The BVA will be automatically extend to allow the Tribunal to make a decision. Under the Migration Act 1958 and the Migration Regulations 1994, the BVA entitles the applicant to travel within Australia, but he is not permitted to return to Australia if he has departed the country. If the applicant intends to return to Australia after his travel overseas while waiting for a decision on his visa application, he should apply for a Bridging Visa B. The BVA also allows the holder work and study permissions based upon the substantive visa they previously held. Bridging Visa B subclass 020 (BVB) The Bridging Visa B grants the holder a right to travel and return with a ‘travel authority’ and ‘travel period’ which means the applicant has permission to travel overseas and return to Australia. The Bridging Visa B will continue to be in effect until a decision on the visa application is finalised (or a Bridging Visa A is reinstated). The BVB can be applied online using Immi Account if the applicant has applied for substantive visa through ImmiAccount and a decision has not yet been made on that application. Bridging Visa C subclass 030 (BVC) A Bridging Visa C is available when the applicant lodges an application for a substantive visa while he is unlawfully in Australia. This type of bridging visa is granted if an applicant does not hold a substantive visa and has subsequently become unlawful before applying for a new visa. BVC’s are granted upon the Department of Home Affairs receiving a valid application for a visa while the applicant is unlawfully in Australia, as there was a period of time between the applicant’s visa expiring and applying for a new visa. Under the Migration Act 1958 and Migration Regulations 1994, the Bridging Visa C does not permit the applicant to return to Australia if he decides to depart the country before the decision of his substantive visa application is made. The applicant cannot apply for a Bridging Visa B for permission to travel if he holds a Bridging Visa C. A holder of Bridging Visa C with a condition that prohibits him from working, can apply to have this condition removed. Because there are no avenues to appeal a decision granting a bridging visa with unfavourable conditions, they are required to apply for a new Bridging Visa C without the work prohibition attached to it. Bridging (Prospective Applicant) Visas subclasses 040 and 041 (BVD) Bridging (Prospective Applicant) Visas are granted when the applicant is about to become unlawful and has attempted to lodge an invalid substantive visa application. This Bridging Visa does not come with work entitlements and cannot be applied for permission to travel. The applicant cannot apply for a BVB for travel overseas. To be eligible for a BVD the applicant must be an unlawful non-citizen or will become unlawful within three business days of his application for the bridging visa, and also he has made a genuine attempt to make a valid application for a substantive visa and he will be able to lodge a valid application for a substantive visa within five working days. Bridging Visa E subclass 050 and 051 (BVE) Bridging Visas E are generally granted to non-citizens to allow them to remain in Australia lawfully and to provide them with time to depart Australia voluntarily. This usually occurs when a decision has been made to cancel a visa under section 116 of the Migration Act 1958. Bridging Visas E are also granted as a way to remain in Australia while applying for a substantive visa, wait for a decision by a court on an appeal, or wait for Ministerial Intervention to grant a visa. Bridging Visas E are also granted if an applicant has applied for a protection visa. Bridging Visas E are granted in circumstances where a non-citizen is unlawful either through their visa expiring or it being cancelled and will allow them to remain in Australia to make arrangements to return their country of origin or to finalise any outstanding migration matters. A Bridging Visa E comes with very specific conditions, such as reporting conditions, requiring the visa holder to report to a Department of Home Affairs’ office periodically, and ‘no work’ and ‘no study’ conditions. These conditions can be removed if accompanied with submissions explaining why work or study rights should be granted. Bridging Visa F subclass 060 (BVF) A Bridging Visa F can be granted if a non-citizen is a person of interest to police in Australia concerning serious commonwealth offences involving trafficking, sexual servitude, or deceptive recruiting. This visa will allow the unlawful non-citizen to
What is a Section 48 Bar? Section 48 of the Migration Act 1958 imposes limitations if the applicant’s substantive visa has been refused or cancelled while in Australia or the applicant does not currently hold a substantive visa. This provision (the s48 bar) prevents them from applying for most other Australian visas while in Australia and can have ramifications on their ability to remain in Australia legally. Section 48| Migration Act 1958 Section 48 Non-citizen refused a visa or whose visa is cancelled may only apply for particular visas (1) A non-citizen in the migration zone who: (a) does not hold a substantive visa; and (b) after last entering Australia: (i) was refused a visa, other than a refusal of a bridging visa or a refusal under section 501, 501A or 501B, for which the non-citizen had applied (whether or not the application has been finally determined); or (ii) held a visa that was cancelled under section 109 (incorrect information), 116 (general power to cancel), 133A (Minister’s personal powers to cancel visas on section 109 grounds), 133C (Minister’s personal powers to cancel visas on section 116 grounds), 134 (business visas), 137J (student visas) or 137Q(regional sponsored employment visas); may, subject to the regulations, apply for a visa of a class prescribed for the purposes of this section or have an application for such a visa made on his or her behalf, but not for a visa of any other class. The s48 bar is only imposed when the applicant is in Australia. If the applicant is subject to the s48 bar, they can still apply for a limited number of substantive visas while onshore. These include: Child visas Partner visas Protection, Territorial Asylum or Border visas Medical treatment visas Bridging visas Resolution of Status visas The s48 bar will not apply if the applicant applies for a visa, does not meet the valid visa application criteria for whatever reason and the visa application is subsequently not considered or invalid. For eg. An incorrect departmental fee has been paid. Bridging Visa B If the applicant is on a Bridging Visa B and the Department of Home Affairs (the Department) has refused the substantive visa application, the applicant will not be able to get around the section 48 bar by leaving and re-entering Australia and making a new substantive visa application when they intend to return. The Department considers the applicant to be continuously residing in Australia despite any international travel. Review Rights If the government has refused or cancelled the visa and section 48 applies, the applicant may be able to appeal the decision in the Administrative Appeals Tribunal. The s48 bar does not prevent the applicant from departing Australia and applying for a subsequent visa. Getting Assistance 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.
Public interest criterion 4020 (“PIC 4020”) is particularly important for migration agents to understand. This visa criterion aims to prevent applicants providing false, misleading or fraudulent information in the process of applying for a visa. This does not necessarily have to be intentional; you could violate this criterion without meaning to. PIC 4020 can also impact the lodgement of future visa applications, so a risky move or a mistake may have serious, ongoing implications— whether you are an applicant or an agent. What visas are affected? PIC 4020 is a criterion which applies to most Australian visas including skilled, business, temporary, family and student visas. But it doesn’t just apply to the particular visa you are applying for at the time: it may apply in relation to a visa application or a visa that the applicant has held in the period of 12 months before the visa application is made. What is false and misleading information? If you submit information as part of a visa application, it will only be deemed false and misleading if it is false at the time it was given, and not if events transpire such that it later becomes false. It must also be information relevant to the making of the decision—whether or not the decision actually turns on that information. Examples of false or misleading information include: False or inaccurate statements, such as falsified work references; Omission of facts, such as not disclosing that a sponsor for a work visa is a relative; or Supplying false statements or information when asked to clarify information or omitting relevant information in a way that misrepresents facts, such as deliberately answering questions from the Department of Home Affairs incorrectly. What is a bogus document? A bogus document is one which has been altered form the original issued version, fraudulent, or obtained under false pretences. Examples of bogus documents may include: fake passports; fake birth certificates; doctored academic transcripts; or photo shopped images. Not being able to provide sufficient, valid supporting documentation can be a reason for a refusal of the lodged visa. Waiver There is an option for to apply for a waiver of this criterion, if you believe the applicant may not be able to satisfy the Department of you identity or if there have been ineligible documents submitted with their application. However, the Department will only grant a waiver in compelling or compassionate circumstances which affects Australian citizens or eligible New Zealanders. Non-grant periods A refusal under PIC 4020 grounds can have serious implications for the applicant and his family. If the visa is refused on these grounds, the applicant may be barred from re-entry to Australia on a visa for which PIC 4020 is a criterion for three years. If the applicant then fails to satisfy an officer of his identity, this may increase to ten years. What’s more, anyone listed as a member of the family unit may also be refused a visa. You as an agent may face these consequences if you submit bogus or misleading documents on behalf of the applicant to help his case. Getting Assistance 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.
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.