Guide to Travel Movement Record Requests

Do you need to request your travel movements for a visa application? You COULD search backwards through your email inbox to retrieve your flight confirmations, as well as search through your online frequent flyer statements. However, most countries keep records of arrivals and departures and those records can be requested.

You can request travel records to know your movements in and out of Australia and other countries as they no longer stamp your passports. You can request through e-mail or go to the nearest Embassy.

Arrival and departure records of travels to and from Australia dating from 1981, are contained within the Movements Reconstruction database. These ‘movement records’ may include the traveller’s name, date of birth, gender and relationship status, country of birth, departure and/or arrival date, travel document number and country, port code and flight/vessel details, visa subclass and expiry date, and the number of movements.

If you have traveled from 2000 to the present, this post can assist you. When a visa application requests travel movement, the application will usually ask for travel outside of Australia for the last ten years. The Department of Home Affairs is in charge of recent travel records, for applications looking for lifetime of travel movements specifically if you need travels before 1981, contact the National Australian Archives.

We have compiled a list of links for different countries that may assist you in requesting your travel records. We suggest requesting from the country of your passport and Australia to start to put together your travel records.

How to request movement records from the following countries:

Australia movement records – https://immi.homeaffairs.gov.au/entering-leaving-subsite/Pages/Requesting-travel-records.aspx

Canada movement records – https://www.cbsa-asfc.gc.ca/agency-agence/reports-rapports/pia-efvp/atip-aiprp/thr-rav-eng.html

Hong Kong movement records – https://www.immd.gov.hk/eng/forms/forms/id697.html

Philippines Travel Records – https://immigration.gov.ph/services/certification/travel-records-certification

New Zealand movement records – https://www.customs.govt.nz/about-us/travel-movements-request/

South Korea movement records – http://www.djjunggu.go.kr/html/en/service/service_050201.html

Taiwan movement records – https://www.immigration.gov.tw/5475/5478/141465/141808/180164/

Turkey movement records – https://www.egm.gov.tr/hudutkapilari/yurda-giriscikis-belgessi

United Kingdom Movement records – https://www.gov.uk/government/publications/requests-for-personal-data-uk-visas-and-immigration/request-personal-information-held-by-uk-visas-and-immigration

United States of America movement records – https://www.cbp.gov/site-policy-notices/foia/records

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What to Do if my Australian Visa has Expired?

Ultimate Guide to Navigating an Expired Visa

Have you become unlawful in Australia because your visa expired? Do you feel unsettled? Are you looking for answers for what can be done? Also, what you should not do?

If you are unlawful, it is important that you know your options to resolve your situation and also what should not be done (without specific advice from a Registered Migration Agent).

Part 1 – Assessing your situation

If you are in country unlawfully because your visa has expired, there are a few factors to consider to choose the pathway that is available to become lawful:

• Did your most recent visa have a “no further stay” condition?

Was your visa granted with a Condition 8503 – No further stay? If the visa was granted with this condition, it will need to be waived by the Department of Home Affairs before another visa can be granted while you are onshore. Waivers are granted only in very limited circumstances.

• How long ago did your visa expire?

If it was been less than 28 days since your visa expired, you have different options than if it was been longer than 28 days. The department gives a ‘grace period’ of 28 days, during this period you can generally apply for another type of visa without being subject to the 3 year exclusion period. Meaning you cannot apply for any Australian visa for 3 years once you have left the country.

• Whether or not you have applied for and been refused another visa

If you are currently unlawful and have already applied for, and been refused another visa since arriving in Australia or had your visa cancelled, you may be subject to what is known as the Section 48 bar. Section 48 of the Migration Act 1958 (Cth) bars applicants who have been refused or had their visa cancelled from applying for a new visa whilst in the Australia unless the visa is listed as an exception in Regulation 2.12(1). There are curtain Visa types which are excepted from Section 48, these include partner visas, child visas and protection visas. In addition to those, there are a few other very specific and temporary visa types.

Part 2 – Getting a Bridging Visa E (BVE)

When you apply for a new visa or you present yourself to the Department of Home Affairs you will be granted a Bridging Visa E for the remainder of your stay in Australia. There are times when the Department may detain you, this does happen in limited circumstances.

A Bridging Visa E is only a temporary, short term visa. This visa is granted so you have time to resolve your immigration matter or alternatively make arrangements to leave Australia. This type of bridging visa generally comes with a short-term fixed expiry date or remains valid until 35 days after a decision is made on a visa application. This visa is not granted for you to stay long-term in country, however it here to give you time to sort out what to do next.

You do have some rights on a Bridging Visa E. The ability to work depends on your circumstance. If you have compelling reasons and can prove those reason, you may be able to gain work rights. You cannot travel on this visa and cannot apply to travel. If you leave the country on a BVE, the exclusion ban preventing you from applying for a substantive visa for 3 years will come into effect.

Part 3 – What are your options?

If your preference is to stay in Australia, then you will have to apply for a new visa. If this is the pathway you want to pursue, then hiring a registered migration agent is advised. Immigration officers working for the Department of Home Affairs are not qualified to provide you with visa advice and once you are unlawful, it is recommended to not negotiate the visa application system on your own. When you are unlawful, your matter has become more complex and ensuring you take the proper pathway is important.

Summit Migration can assist you in your pathway towards becoming lawful in Australia. Summit Migration provides free 15-minute general information assistance to all callers. Claim your free telephone consultation today! Call us on: (07) 3177 7609

If your visa has expired and you have made travel arrangements to leave the country, you will not be detained at the airport but immigration officers may speak with you prior to your departure. If you want to leave the country but do not have the money to purchase a ticket, the Department of Home Affairs expects you to make arrangements to pay for a ticket home which may involve asking for help from family or friends. If you are not able to raise the funds for a ticket on your own, you may be eligible to receive assistance from the International Organization for Migration (IOM).

If you are thinking of unlawfully staying in Australia, this is illegal and we do not recommend hiding in country and living illegally. Deciding to stay in country with an expired visa and not reporting your status to the Department of Home Affairs, will make you an unlawful non-citizen. Police or Border Protection Officers may arrest you and detain you if they suspect you are an unlawful non-citizen. If they do, you will be held in immigration detention until it is practical for you to be deported. You or your sponsor will most likely be made to pay the costs associated with locating and removing you (up to a maximum of AUD$10,000) and you will be barred from applying for a visa and re-entering Australia for at least 3 years. Whilst you are in immigration detention, you do still have the right to request legal and migration advice but unless your circumstances are extraordinary, you are unlikely to be granted another visa at this stage. It is always better to apply for a visa before you are caught by immigration so exploring your options before you get to this point is always preferable. The only way you may be released from immigration detention is if you make a valid application for another visa or agree to depart Australia voluntarily.

Part 4 – The bottom line

If you are currently living in Australia with an expired visa and you wish to remain here in country, please choose to do so legally. There are different legal pathways for you to take to stay in country. Summit Migration will help you explore your options and hopefully find a visa pathway that enables you to stay in the country. Do not let more time pass by as this could make your visa process more difficult. Summit Migration provides free 15-minute general information assistance to all callers. Claim your free telephone consultation today! Call us on: (07) 3177 7609 and allow us to assist you.

Additional Information to help

If you are not sure of your current visa status or when it expires, you can check this information yourself. Checking your visa status is easy and can be done online or even via an app. Go to the Visa Entitlement Verification Online (VEVO) or download the myVEVO app to gain access to all your visa details and conditions.

If your visa is close to expiring and you want to stay in Australia, do not wait until you are unlawful, let us at Summit Migration help you today. Extending your current Australian visa is not an option. All visas have a date of expiration and they cannot be extended. To stay in country, you will need to apply for a new visa. We can help by discussing your visa options. If you are on a valid substantive visa in Australia there are far more visa pathways available to you. Get in touch with us to find out which visa pathway would best suit your circumstances.

If you are at all unsure about your visa options or an application, we recommend talking things over with a registered migration agent. Summit Migration can assist you in your pathway towards becoming lawful in Australia. Summit Migration provides free 15-minute general information assistance to all callers. Claim your free telephone consultation today! Call us on: (07) 3177 7609

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[UPDATE] Changes To The Partner Visa Program For 2021

Following the 2020 Budget released on 6 October 2020, there are big changes set to impact the Australian Partner Visa program in 2021.

It is now understood that the major Sponsorship changes will be set to commence in April 2021. With this in mind it is recommended that potential visa applicants consider their options moving forwards.

Commencement of the Sponsorship Scheme

While legislation was passed a few years ago, the government has now formally indicated that the family sponsorship framework will be applied to Partner visas.

The sponsorship framework will mandate character checks and the sharing of personal information as part of a mandatory sponsorship application, and subject the sponsor to enforceable sponsorship obligations. These changes will complement existing family violence provisions within the Partner visa program.

This change will:

• separate sponsorship assessment from the visa application process for family
• sponsored visas;
• require the approval of persons as family sponsors before any relevant visa
• applications are made;
• impose statutory obligations on persons who are or were approved as family sponsors;
• provide for sanctions if such obligations are not satisfied;
• facilitate the sharing of personal information between a range of parties associated with the program; and
• improve the management of family violence in the delivery of the program by
• allowing the refusal of a sponsorship application; and cancellation and / or barring of a family sponsor where inappropriate use of the program or serious offences are detected – especially those involving family violence

In practical terms, the changes under the Partner visa program will require an additional application process for the sponsoring party to be approved (“the sponsorship application”) prior to the visa applicant becoming eligible to apply for their partner visa (“the visa application”).

It is unclear the length of time that the sponsorship application will take to be processed. It is anticipated there will be an additional charge attached to the sponsorship application of around AUD300-400.

It is anticipated that, once the changes have commenced, this new process will lengthen the overall application time for both onshore and offshore visa applications by adding the additional process of the sponsorship application.

If you have the opportunity to apply prior to the changes, this may mean that the overall processing time of your Partner visa is reduced.

The changes will substantively affect you, however, in the following cases:

• if you are progressing a pathway onshore with a substantive visa that is due to expire within the next six to nine months and have not yet applied for a Partner Visa.

If the sponsorship application should turn out to be lengthy process, this may pose concerns for the period of stay for potential visa applicants under their current or proposed visa.

If you are in a position to expedite your visa application, we suggest it may be in your interest to do so. It is now understood these changes will commence in April 2021.

English Language Requirements

The Government will introduce English language requirements for Partner visa applicants and their permanent resident sponsors. These changes will help support English language acquisition and enhance social cohesion and economic participation outcomes.

At this point, it has not been stated what level of English will be required. We anticipate that the Department will require functional English. It is expected that these changes will commence in late 2021.

If you are considering applying for a Partner Visa and your partner does not speak fluent English, you should consider applying at your soonest convenience before the changes commence.

Onshore Grants For Subclass 309 Applicants

Applicants for Subclass 309 visas are normally required to be outside Australia at the time of both application lodgement and visa grant. Ordinarily, applicants who are in Australia on temporary visas can leave and return to the country relatively easily in order to meet this requirement.

Disruptions to international air travel, and border restrictions implemented as a result of COVID-19, have however created considerable difficulties for affected individuals. A
significant number of people – recognised as the partner of an Australian citizen or permanent resident – have been onshore since the onset of the pandemic, and unable to
leave the country in order to have their visa granted as required. With limitations on airline passenger numbers, and caps on international arrival numbers in Australia, tickets are extremely expensive and flights unreliable. Inward travellers, except those arriving on a quarantine-free flight from New Zealand, must also quarantine at a designated facility for 14 days on arrival, usually at their own expense.

As a result the government is proposing the grant of Subclass 309 visas onshore on a temporary basis, throughout 2021 only, after which time the current processing requirements would resume. This Bill has currently yet to pass parliament.

How Can We Help

Summit Migration provides free 15-minute, telephone no-obligation consultation. Claim your free telephone consultation today. Call us on (07) 31777609 to speak to a Registered Migration Agent about your matter.

The post [UPDATE] Changes To The Partner Visa Program For 2021 appeared first on Summit Migration.

The post [UPDATE] Changes To The Partner Visa Program For 2021 appeared first on Summit Migration.

Changes To The Partner Visa Program [2020 Budget]

Following the 2020 Budget released on 6 October 2020, the Australian Government last night released important details about changes coming to the Partner visa program. This post sets out everything we know so far about the key changes.

The Department of Immigration has announced 160,000 overall permanent migration places in the 2020-2021 migration year. This maintains the usual migration intake and is encouraging news as it suggests that the Federal government is aware of the important role that immigration will play in the COVID19 recovery.

For potential partner visa applicants there are dramatic changes coming to the program. While there is no fixed date for these changes to commence, we anticipate that all the changes will commence in the next six months.

Increased Program Caps

The government has increased the number of yearly places allocated to Partner Visa Applicants. While the government has long denied that the Partner visa program is capped, the number of Partner Visa grants has remained fixed over the past few years at around 40,000 while the backlog of undetermined applications has increased to 100,000.

Following the budget, the government has announced that 72,300 of the 77,300 proposed places in the family stream will be allocated to partner applicants. This means that processing delays might not be as common moving forwards.

No Increase in Visa Application Fees

Unexpectedly, there was no increase in the Partner Visa Application Charge announced. It may be that further Partner Visa Application Charge increases will be forthcoming next financial year.

Prioritisation of Regional Applicants

Budget papers indicate that where the relevant sponsor resides in a designated regional area, the application will receive priority processing. The usual definition of ‘designated regional area’ is all areas outside of Brisbane, Sydney and Melbourne. (However, it is worth noting that the definition of a ‘Designated Regional Area’ for partner visa prioritisation may differ from the usual definition.)

This isn’t a very significant benefit as it primarily benefits individuals who are already settled onshore. However, it may represent a faster pathway to Permanent Residency.

Commencement of the Sponsorship Scheme

While legislation was passed a few years ago, the government has now formally indicated that the family sponsorship framework will be applied to Partner visas.

The sponsorship framework will mandate character checks and the sharing of personal information as part of a mandatory sponsorship application, and subject the sponsor to enforceable sponsorship obligations. These changes will complement existing family violence provisions within the Partner visa program.

This change will:

• separate sponsorship assessment from the visa application process for family
• sponsored visas;
• require the approval of persons as family sponsors before any relevant visa
• applications are made;
• impose statutory obligations on persons who are or were approved as family sponsors;
• provide for sanctions if such obligations are not satisfied;
• facilitate the sharing of personal information between a range of parties associated with the program; and
• improve the management of family violence in the delivery of the program by
• allowing the refusal of a sponsorship application; and cancellation and / or barring of a family sponsor where inappropriate use of the program or serious offences are detected – especially those involving family violence

In practical terms, the changes under the Partner visa program will require an additional application process for the sponsoring party to be approved (“the sponsorship application”) prior to the visa applicant becoming eligible to apply for their partner visa (“the visa application”).

It is unclear the length of time that the sponsorship application will take to be processed. It is anticipated there will be an additional charge attached to the sponsorship application of around AUD300-400.

It is anticipated that, once the changes have commenced, this new process will lengthen the overall application time for both onshore and offshore visa applications by adding the additional process of the sponsorship application.

If you have the opportunity to apply prior to the changes, this may mean that the overall processing time of your Partner visa is reduced.

The changes will substantively affect you, however, in the following cases:

• if you are progressing a pathway onshore with a substantive visa that is due to expire within the next six to nine months and have not yet applied for a Partner Visa.

If the sponsorship application should turn out to be lengthy process, this may pose concerns for the period of stay for potential visa applicants under their current or proposed visa.

If you are in a position to expedite your visa application, we suggest it may be in your interest to do so. Given the law has already commenced for this change, the Department may implement it at any point.

English Language Requirements

The Government will introduce English language requirements for Partner visa applicants and their permanent resident sponsors. These changes will help support English language acquisition and enhance social cohesion and economic participation outcomes.

At this point, it has not been stated what level of English will be required. We anticipate that the Department will require functional English.

If you are considering applying for a Partner Visa and your partner does not speak fluent English, you should consider applying at your soonest convenience before the changes commence.

COVID-19 Related Visa Application Refunds

Prospective Marriage visa holders will be able to access a VAC refund. Temporary skilled workers and visitor visa holders will be eligible to have the VAC for a subsequent visa application waived, to allow them to return to Australia once travel restrictions are lifted.

The provision of a refund mechanism for Prospective Marriage visa applicants is strongly suggestive that the government will not extend travel exemptions to Prospective Marriage visa holders. At this stage, there are only limited circumstances where applying for a Prospective Marriage visa will have merit.

How Can We Help

Summit Migration provides free 15-minute, telephone no-obligation consultation. Claim your free telephone consultation today. Call us on (07) 31777609 to speak to a Registered Migration Agent about your matter.

The post Changes To The Partner Visa Program [2020 Budget] appeared first on Summit Migration.

AAT Processing Times

If you’ve had the misfortune of having a visa application refused or visa cancellation from the Department of Home Affairs, and as a consequence, you’ve lodged and application in the administrative appeals tribunal it’s probably of interest to you how long it would take until there is a hearing for your matter. The wait time to have your matter heard by the tribunal can be an agonizing period of time because due to the fact that not knowing the outcome of your visa can create emotional and financial stresses. The length of time that you wait for a hearing depends on the range of different factors.

Notably, whether there’s cancellation or refusal, the subclass of the visa and the availability of decision makers and the current case load of the tribunal. The AAT recently published processing times for decisions made over the last 6 months. According to the statistics, it appears that partner visa decisions take around 483 days on average and decisions related to temporary skills shortage work visa take around 400 days. Most decisions for other subclasses take a similar indicative period of time. However, bridging visa and visitor visa decisions are usually made within 40 and 264 days respectively.

The process of the administrative appeals tribunal is to first allocate your case to a decision-maker before the hearing date can be set. Cases are allocated to members of the tribunal in a priority and date order. Although from time to time, the tribunal can take a strategic and targeted approach and identify specific batches of visas for early review. Specifically, cases that involve immigration detention have historically been given a priority. Other high priority matters include specific protection visas and visa cancellation cases. For instance, protection visa appeals that stemmed from the protection visa caseload in 2016 were given priority by the administrative appeals tribunal.

The number of applications for review lodged with the tribunal has steeply increasing over the past years as a consequence of the increase in visa refusal and visa cancellations. During the first quarter of 2018 and 2019 financial year over 15,800 new applications were lodged with the tribunal bringing present number of cases on hand the tribunal to over 60,000. This is a substantial and sharp increase in tribunal processing times especially keeping in mind that 3 years ago the number stood at only 22,000. A number of strategies being implemented by the tribunal to curb the backlog and improve the processing times. This is causing efficiency improvements and specific changes to the way cases managed.

It is the hope of the whole team at Summit Migration that these changes will have a substantial impact in the near future and the caseload of the tribunal will return back to 2058 levels. If you’re considering lodging an application for review with the tribunal, there are specific and stringent time limitations. You should consider the time is of the essence once you have received a refusal or cancellation. Contact the registered migration agents at Summit Migration today for a full assessment of your prospects at the tribunal. Summit Migration provides free 15-minute general information assistance to all callers. Claim your free telephone consultation today! Call us on (07) 31777609

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What Are the Benefits of Australian Permanent Residency

While there are number of compelling reasons why people can choose Australia as a destination to migrate from, many people ask why should they seek Australian permanent residency and what does that permanent residency allow you to do. This article will go through some of the benefits that Australian permanent residents receive.

1. Buy residential property. In most states in Australia, buying residential property that is not new can only be performed by citizens or permanent residents. This is a local policy that was enacted to protect the local housing market from foreign nationals bringing funds into the country and acquiring large tracks of existing housing and at sometimes even entire neighborhoods which would have the effect of pressuring local residents further away from the CBD. These rules stipulate that international purchasers need to buy brand new residential houses or apartments and also be subject to specific tax surcharges which necessarily drive the market price higher than what the local residents would have to pay. Consequentially, once you become a permanent resident, one, you no longer incur any tax surcharge for the purchase of property. Two, can buy second-hand residential property, and three, if your purchasing your first home in Australia, you may even qualify for specific tax incentives.
2. Own restricted work rights. In Australia, there is no work permit, or generic work visa, but in fact, a complex regime of different visas of varying lengths that can restrict you to only work in a given occupation. However, once you become a permanent resident, in most cases you seize being subject to work restrictions and can find a job in any occupation. Additionally, most Australian based organizations hire permanent residents on an almost exclusive basis. In some instances, they may not even consider your CV unless you indicate that you are a permanent resident in Australia.
3. A permanent resident can send their child to a public education system for a subsidized or free right.
4.  A permanent can start a business.
5. Child care rights. In Australia, The child care industry is very much in demand and parents can reserve places in child care several years in advance. Consequentially, per price of child care can be quite inflated specifically in high-density areas, and far for types of care and for particular care, high care environments. However, once you become an Australian permanent resident, you become eligible for child care rebates under Australia’s social entitlement system. A child care rebate assist with the cost of the child care fees and in some cases, can cover for up to 50% of your expenses for child care up to an annual of to be confirmed per child. There are another range for child care rebates as well including the child care benefit which is a direct cash payment to help with child care cost. Once you are settled in Australia, if you meet the income test, you will qualify these benefits immediately.
6. Enroll in Medicare. Like the British health service, Australia has a world class medical health care system. This is under pinned by the Medicare program which is a socialized health care system run and controlled by the federal government across the country. The Medicare system allows for free public hospital care and a range of rebates for particular medical services and certain prescription medications. The vast majority of medical clinics in Australia provide a rebate through Medicare or fully free consultation. Other practices bulk bill in [inaudible]. I higher tiered medical health clinics, there may be a gap between the fee you are required to pay and the level of rebates provided through Medicare. Additionally, under the Medicare program, mandatory immunization is provided free of charge and is mandatory for every resident. Once PR is approved, or alternatively, in certain cases once you have applied for permanent residency, you will be eligible for enrollment into the Medicare system. If your eligibility for social security benefits, if your living in Australia and your permanent resident, it is quite possible that you may be eligible for social security payments. In some cases, you may need to beat a qualifying resident’s period or a newly arrived residence period before you can apply for social security payments. If you are unemployed, or below a certain or failed the means tests or failed to meet the means threshold, you ay be eligible for social security payments. If you have a family with small children, or if you have a disability, or if you are in a special circumstance like a specific crisis, or if you need assistance, then you may be eligible for support payments.

Summit Migration can assist you in your pathway towards permanent residency in Australia. Summit Migration provides free 15 minute general information assistance to all callers. Claim your free telephone consultation today! Call us on (07) 31777609

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What are my visa options during COVID-19?

What should I Do if my visa is nearing expiry?

If you have a visa that is nearing expiry, it is important that you understand your options.

Becoming unlawful or applying for the wrong visa could affect your rights to re-enter Australia or apply for permanent residency at a later date.

We recommend that your discuss your matter with a Migration Agent who could form a strategy to assist you.

Some of the choices could include:

• COVID19 visa (with work rights)
• Temporary Graduate Visa
• Another Student Visa
• Working holiday Visa
• Partner visa

What should I do if my visa is on the verge of expiring and I don’t have any options?

The Department introduced a new sub stream under the subclass 408 visa in response to the Pandemic to permit the extended stay of temporary visas holders in Australia until the outbreak has subsided.

The criteria for the Subclass 408 (COVID19) is the following:

• in Australia at the time of application; and
• unable to depart Australia due to the Covid-19 Pandemic; and
• either:

• the holder of a temporary visa that is 28 days or less from expiring; or
• the holder of a temporary visa that expired no more than 28 days before making an application for a subclass 408 visa; and
• unable to make a valid application or meet the criteria for:

• the same subclass of visa they currently hold; or
• a temporary visa of any other subclass other than a subclass 408 visa

If you are able to provide a letter from an employer in a critical sector you will be granted work rights but a restriction to work with that employer. Critical sectors include medicine, healthcare, disability and aged care, childcare and agriculture sector.

If you are not able to provide such a letter, the Subclass 408 visa will not provide you with work rights.

What should I do if my visa has accidentally expired?

Firstly, don’t panic! It is important that you discuss your options with a migration agent. If your visa has only just expired, you may be able to apply for another visa if you’re within the required window.

If however, you have missed it entirely and it’s been a few weeks since your visa expired, then you will need to apply for a Bridging Visa E. If you don’t apply the Australian government may detain you. Regardless, this may affect your rights to re-enter Australia at a later date.

How we can Help?

Summit Migration provides free 15 minute general information assistance to all callers. Claim your free telephone consultation today! Call us on (07) 31777609

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