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

The post What are my visa options during COVID-19? appeared first on Summit Migration.

The Travel Ban – Coming To Australia

On 20 March 2020, Australia put in place its travel ban, preventing all but Australian citizens and permanent residents from entering the country.

Applying for an Exemption

Currently, in order to travel to Australia, you must meet one of the existing exemptions.

• You are an immediate family member (spouse, de facto partners, dependent child or legal guardian) of an Australian citizen or permanent resident and you need to travel to Australia now
• You have a compassionate and compelling need to travel urgently
• You need urgent medical treatment/medical evacuation
• You have a critical skill

In order to apply for an exemption, you will either need to hold or have applied for an Australian visa.

Generally, if you have applied for a visa, you should apply for an exemption once your ImmiAccount indicate the visa is subject to ‘Further Assessment’. Having said that, an exemption can be applied for at any time once your visa application is lodged.

If you currently hold a visa, then you should apply at your soonest convenience.

We note that some applicants are finding that their exemption requests are only being considered in the third or fourth attempt, so it is worth applying a few times. There is no fee to apply and you can improve your argument each time. We have had some examples of requests being granted on the tenth request.

If you meet one of the above grounds but are unsure how to provide the appropriate evidence, then you should contact our office for advice. Particularly, if you are seeking to satisfy the criteria of being a ‘de facto’ partner of an Australian citizen or permanent resident as the evidence requirement is quite strict.

Applying for an Exemption – a compassionate and compelling need to travel urgently

There are a number of possible grounds that can meet this criteria:

• You have a pregnant family member in Australia with no other carer
• You hold a temporary visa, are pregnant and the father is an Australian citizen or permanent resident
• You have a family member in Australia with an urgent need for care or support
• You have applied for a permanent visa (eg. 820 or 309) but are offshore and your partner is onshore

If any of these categories are relevant, then you should contact our office for further advice.

Future Pathways – Students

Currently the South Australian government is discussing pilot programs to bring specific student cohorts onshore (See: https://www.abc.net.au/news/2020-08-17/return-of-international-students-amid-coronavirus-defended/12564432). It’s unclear whether these are university or vocational students.

This is an encouraging sign as it suggests that State governments are actively looking at further options to expand the existing exemptions to students. This is entirely an economic decision as states are reliant on the income from student fees.  

Accordingly, it may be worth considering a short course in order to avail yourself of this likely exemption. Generally, the shortest course you can select to be eligible for a student visa is nine months. We set out a list of possible vocational courses that may be worth considering.

• Cert III in Individual Support
• Cert Iv in Individual support
• Certificate III in Fitness
• Certificate IV in Fitness
• Certificate IV in Yoga Teaching
• Diploma of Yoga Teaching
• Diploma of Sports and Recreation Management
• Certificate IV in Massage Therapy
• Diploma of Remedial Massage
• Certificate IV in Dance Teaching and Management
• Diploma in Early Childhood Education and Care
• Certificate III in Individual Support
• Certificate IV in Aged Support
• Diploma of Mental Health
• Diploma of Counselling
• Cert III and IV in Automotive
• Hospitality – Cert III and Cert IV in commercial cookery
• Diploma of hospitality management
• Diploma of leadership and management
• Diploma of business
• Diploma of IT
• Diploma of Tourism
• Telecommunications
• Cert IV – accounting

If this pathway is of interest to you, please contact us and well will provide you with a free consultation with one of our education agents.

Future Pathways – Fiancés and fiancées

We anticipate that the ‘immediate family’ exemption will eventually be broadened to include fiancés and fiancées of Australian citizens or permanent residents.

If you are in this category, we strongly recommend you contact your local federal member and request that they advocate for the exemption criteria to be expanded.

The following link allows you to find your local member. You should let them know that you or your partner are currently subject to the travel ban and that it is affecting you adversely.

https://www.aph.gov.au/Senators_and_Members/Members

What if my ‘Must Arrive By’ Date is approaching?

If you currently hold a visa with a ‘Must arrive By’ date, you can contact the Department and have this date extended.

Our office would be happy to assist visa holders in requesting that this visa requirement be waived.   

Further Assistance

Summit Migration provides a free fifteen-minute consolation to all potential applicants. Please feel free to contact us on the number on the top of the webpage to discuss your options moving forwards.

This blog post does not constitute legal advice but is general information only.

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Can you pass the Australian citizenship test?

Get ready for the Australian Citizenship Test Online with our free practice tests. Take the test as many times as you like. Increase your learning with detailed answers. Get immediate results and tailored feedback.

In order to participate in the Australian Citizenship ceremonies and become a new citizen, you need to take the Australian citizenship test.

The age of most applicants is between 18 and 59 years old when the application is submitted, these applicants need to sit the citizenship test. If the applicant is under the age of 17 or over the age of 60 when the application is submitted, they do not need to sit the test.

This test contains questions from all 3 testable sections. Questions in the test are based on the following three topics:

–          Australia and its people

–          Australia’s democratic beliefs, rights and liberties

–          Government and the law in Australia.

The Australian citizenship test is a computer-based multiple-choice test in English and consists of 20 questions drawn randomly from a pool of questions. You need to answer at least 15 questions correctly to pass the test.

We strongly recommend that you take the time to practice. In addition to these the practice tests provided by Summit Migration, be sure to view the Department of Home Affair’s resource; Australian Citizenship: Our Common Bond. This document is available in many different language options for download.

Take the Summit Migration Practice Tests:

–          Australian Citizenship Practice Test 1

–          Australian Citizenship Practice Test 2

–          Australian Citizenship Practice Test 3

These are our closest versions of the actual Australian Citizenship Test – it contains the same passing score and the same number of questions as the real test.

What to expect on the day of the Australian citizenship test?

After the application is submitted, an appointment is created after the department assesses the application. The applicant is given a date, time, and place for the appointment in writing through your listed method of communication. Instructions to reschedule are given in the submitted letter. You can find the nearest testing centre by following this link.

The day of the test be sure to arrive on time or early. At the testing centre, a staff member will interview the applicant, verify the identity of the test taker, check the original documents, take a photo of the applicant, and confirm the test is ready to be taken.

Be sure to arrange childcare ahead of time, as no children are allowed in the test centre.

The applicant will use a computer at the testing centre and the results of the test will show straight after it is completed. Be sure to inform a member of staff if the computer screen is not readable or have difficulty using a computer mouse. Test resource materials are not to be brought into the testing venue and place personal belongings under the desk during the test.

If you do not follow the test rules the staff will ask rule breakers to leave.

–          Turn off mobile phones and put them away

–          Do not talk to other people

–          Do not use any books, paper or other material to help with the test

–          Do not copy answers from anyone

–          Complete the test within 45 minutes

–          A raise of a hand will get help from a staff member if help is needed with the computer

–          Taking the test alone is mandatory, the only exception is receiving help from the staff

Any test taker that has low computer skills can request help from the staff.

If an applicant has poor English skills, there are options for assistance. An applicant is not allowed to bring anyone with them to help with the test. If the applicant cannot read English, listening to the questions is an option, ask the staff for assistance. The department may offer an assisted test if the applicant has asked for it in your application, completed at least 400 hours of English language tuition under the Adult Migrant English Program (AMEP), and been assessed by the AMEP provider as not having the reading skills needed to take the test without help. A longer time limit is given to applicants with the assisted test, 90 minutes to complete the assisted test.

If the applicant passes the test, processing of their application will continue and the department will write to you when a decision has been made on your application.

If you fail the test, the applicant can, retake the test on the same day if possible or re-book the test for another time, especially if more time is needed to prepare.

There is no charge you for taking the test again and failing the test does not affect a permanent visa or stop the applicant from living in Australia.

Summit Migration provides a cost effective, online, representation and assistance in applying for Citizenship by Conferral. Find out more here.

If your application for citizenship has been refused, Summit Migration can assist with you an application for review.

Our Immigration Lawyers can advise you on which Citizenship Pathway is most appropriate for you. Please contact us today for further information and advice.

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Cancellation or Refusal on Character Grounds

Summit Migration regularly assists visa holders who have had their visas cancelled or refused if the Minister or delegate of the Minister is not satisfied that the visa applicant passes the character test.

Under Section 501(3A) of the Migration Act 1958 (Cth), the Minister or the delegate must cancel a visa that has been granted if:

(a) the Minister is satisfied that the person does not pass the character test because of the operation of:

(i) the person has a substantial criminal record (i.e. sentenced to a term of 12 months imprisonment or more); or

(ii) the person is convicted of one or more sexually based offences involving a child; and

(b) the person is serving a sentence of imprisonment, on a full-time basis in a custodial institution, for an offence against a law of the Commonwealth, State or a Territory.

While unfortunately there isn’t any possibility for review of this mandatory cancellation obligation the Migration Act 1958 (Cth) provides under section 501CA a power to revoke this decision.

Visa holders who have had their visa cancelled under Section 501 will receive a letter from the Department of Home Affairs advising you that their visa is cancelled. 

This letter provides strict time limits to apply for revocation to the Administrative Appeals Tribunal. Specifically, the letter notes you have

• 28 days if a staff member from the Department handed you the letter; or
• 35 days if the Department posted you the visa cancellation letter.

If you don’t apply before the deadline, then you will not be eligible to apply for revocation of the visa cancellation decision. This is a firm limitation date. If you miss it you will be deported once your custodial sentence has finished.

The Department of Home Affairs still has the power to cancel your visa on ‘character grounds’ and if the Department of Home Affairs chooses to use this power, you may receive a letter called a ‘Notice of Intention to Consider Cancelling your Visa’.

Even if you apply for a revocation of the decision, you still have two options available to you.  These options are:

• Applying to the AAT within 9 days of the Department denying your revocation request; or
• appeal the Minister’s decision in the Federal Court of Australia, but you must have the grounds to do so.

However, if it was the Minister who directly made the decision, you are barred from going to the AAT and then your only option is to appeal directly to the Federal Court.

If you are in Immigration Detention or Custody and you suspect your visa has been cancelled, you should contact an Immigration Lawyer immediately to assist.

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Valuable Insight for the TR Visa in Australia

Australia is an attractive destination for many reasons. A large number of students select Australia for further studies and many other reasons as well. At the same time, Australia also makes it easy for students to apply for their visas and to further extend it once they have completed their studies.

One such visa is the temporary graduate visa (TR Visa – subclass 485) which allows the applicant to remain in Australia on a temporary basis. On successful application of this visa one can one live, pursue further studies and also work. This type of visa is most suitable for students who wish to stay for longer in Australia but have recently completed their studies and their student visa is expiring soon. This article goes on to provide vital information regarding the TR Visa (subclass 485). It is a must-read for those seeking information regarding the TR Visa in Australia.

Important Facts on TR Visa

• It is necessary for the applicant to be under the age of 50 years

• Evidence of English proficiency is necessary, and if there is a lack of such evidence one might need to take the IELTS (International English Language Testing System) to qualify for this visa.

• The applicant must have a health cover (overseas student health cover) prior to applying for the TR subclass 485 visa.
• The application process for this visa can be made online at the Department of Home Affairs. One must be prepared with all the necessary documents while making the application.
• It is essential for the applicant to have completed a CRICOS registered course to be eligible for this visa.
• There is a special list of occupations that the applicant will be eligible to take up once they successfully apply for this visa. The occupation should be present on the Australian Government Immigration skilled list.

• There are two types of TR visa (subclass 485), the graduate work stream visa and the post-study work stream visa.

• The cost of this visa is Australian $1650 and the visa processing time can range from 2 to 5 months.

Eligibility Requirements for TR – 485 Visa

There is a strict criterion for one to be eligible to apply for the temporary visa as listed here:

• The applicant must hold a valid visa and be currently residing in Australia.
• The age of the applicant must be less than 50.
• It is necessary to have recently completed a CRICOS registered course.
• The applicant is also required to have a police clearance, evidence that they are proficient in English, and an overseas student health cover.
• The application for this visa needs to be made within 6 months of having completed your course.

Benefits of Applying for this Visa

The TR 485 visa has several features however it is important to select the correct stream first. There are two streams, the graduate and postgraduate stream. The Graduate Work Stream is for international students who have graduated with skills and qualifications relevant to the occupation listed on the skilled occupation list. While the Post-Study Work Stream is for international students who have graduated with a bachelor’s, master or doctoral degree from an Australian education provider.

Some of the main benefits of this visa include:

• The applicant can live, study, and work in Australia for the duration of the visa.
• It also allows the applicant to bring their family members.
• The duration of the stay can be anywhere between 18 months to 4 years.
• This visa makes it easier for one to obtain PR.

With the team of expert immigration consultants. Summit Migration provides the best services to its clients with extensive experience we’ve serviced a range of clients with a different type of visa inquiries and can advise you on the best pathway towards permanent residency. Why not visit Summit Migration and have an assessment of your eligibility on many types of visas.   

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Can I Retain My Citizenship if I Obtain Australian Citizenship?

Australia allows multiple Citizenship and does not require new citizens to renounce their previous nationalities. However, once you obtain Australian Citizenship, you may automatically lose the Citizenship of your previous country.

This article sets out the consequences of obtaining Australian citizenship for the original citizenship of your migrating country.

Can I retain Canadian Citizenship if I obtain Australian Citizenship?

As a Canadian, you can possess both Canadian and Australian Citizenship. Due to its proximity to the USA, some Canadians were actually born in the United States and don’t know they hold a second nationality. Canada does suggest to enter the country of your second citizenship using your Canadian passport, though, which may not be allowed under the second country’s rules.

Can I retain Chinese Citizenship if I obtain Australian Citizenship?

Mainland China: Dual citizenship is not recognized in China, although enforcement of this regulation is poor. Chinese law states nationality is automatically revoked when persons from mainland China who reside abroad voluntarily acquire foreign nationality. Article 3 of The People’s Republic of China Nationality Law does not recognize dual nationality.

Hong Kong and Macau residents: Hong Kong and Macau residents who become foreign citizens continue to be Chinese nationals unless they make an explicit declaration of nationality change to their territorial immigration authorities.

Taiwan: Taiwan allows its citizens to hold dual citizenship, but such citizens are prohibited from holding most public offices in the country. Naturalized citizens, however, are required to give up all other nationalities.

Can I retain German Citizenship if I obtain Australian Citizenship?

Germany does generally NOT allow dual citizenship, so they will ask you to resign the Australian citizenship first.

However, the German cabinet just gave the go-ahead to allow Germans to maintain dual citizenship. However, there is a catch. This draft law, which has yet to pass into law, will apply only to young people. Historically, those with foreign-born parents had to choose between their parents’ nationality and German nationality once they became an adult. The law proposes to change that.

Can I retain French Citizenship if I obtain Australian Citizenship?

French citizens are entitled to hold dual or multiple citizenship and have been for several decades. In addition, France denounced a Council of Europe proposal that attempted to reduce cases of multiple nationalities.

Can I retain Indian Citizenship if I obtain Australian Citizenship?

One has to renounce Indian citizenship when one becomes an Australian citizen or a citizen of another country.

Can I retain Indonesia Citizenship if I obtain Australia Citizenship? 

Indonesia does not permit dual citizenship. Those who gain foreign citizenship at birth are allowed to maintain both nationalities but will have to renounce one at the age of 18.

Can I retain Italian Citizenship if I obtain Australian Citizenship?

Dual citizenship is allowed in Italy, which considers anyone with Italian ancestry an Italian citizen and thereby eligible to apply for an ancestral passport. Both naturalized citizens and those holding an ancestral passport are not required to relinquish other citizenships.

Can I retain Japanese Citizenship if I obtain Australian Citizenship?

Japan does not allow citizens to maintain other allegiances and forces children who hold more than one passport to choose which one they wish to retain once they become adults.

Can I retain Malaysian Citizenship if I obtain Australian Citizenship?

Anyone holding Malaysian citizenship is disallowed from holding any other citizenship.

Can I retain Peruvian Citizenship if I obtain Australian Citizenship? 

Peru allows those from other Latin American countries and Spain to retain their nationality upon receiving Peruvian citizenship. In practice, dual citizenship is also permitted in most cases.

Can I retain Nepali Citizenship if I obtain Australian Citizenship? 

Dual citizenship is not permitted in Nepal. There is a total prohibition on dual nationality in Nepal. To lawfully be issued a citizenship certificate, a person must have no other allegiances. If a Nepal citizenship certificate holder, at any time, possesses any other nationality or citizenship the Nepal citizenship certificate issued to him automatically becomes invalid or void.

Can I retain Papua New Guinean Citizenship if I obtain Australian Citizenship?

Papua New Guinea does not recognize dual citizenship, and minor citizens who acquire another nationality at birth are required to choose which citizenship to retain at the age of 19.

Can I retain Philippine Citizenship if I obtain Australian Citizenship? 

Dual citizenship is recognized in the Philippines, though it is almost impossible for foreigners to obtain citizenship. However, Filipinos who get second citizenship will not lose their Philippine nationality, and if they do, they may apply to have it reinstated.

Can I retain Singaporean Citizenship if I obtain Australian Citizenship? 

Singapore does not permit dual citizenship, and those who intentionally take up citizenship in another country may lose their Singapore passports. Naturalized citizens and those claiming citizenship by descent are also required to give up all other nationalities. However, foreign nationals who are also Singapore citizens by birth may be allowed to hold on to dual citizenship, as long as they do not exercise their foreign citizenship rights.

Can I retain South African Citizenship if I obtain Australian Citizenship?

All South African citizens, aged 18 years or older, must apply and be granted permission to retain their South African citizenship before they obtain citizenship from another country. If prior permission is not gained, they will automatically lose their South African citizenship on voluntary acquisition of another citizenship.

Can I retain South Korean Citizenship if I obtain Australian Citizenship?

South Korea recognizes dual citizenship, but only for those who received their second nationality at birth and had before the age of 22 declared their intention to remain South Korean. The country does not permit adults to acquire other citizenships. However, foreigners who become South Korean citizens under its immigrant investor program can keep their birth citizenship. Also, ex-pats who have lived in the country for five years, or two years, if married to a South Korean, are allowed to maintain dual nationalities.

Can I retain Spanish Citizenship if I obtain Australian Citizenship?

Dual citizenship is permitted in Spain, but citizens who acquire a second nationality are required to inform the government of their intention to remain a Spanish national within three years. Natural citizens of Iberoamerican countries, Andorra, the Philippines, Equatorial Guinea, and Portugal are exempted from this requirement. Naturalized citizens, however, are required to renounce all other nationalities, unless they are natural-born citizens of an Iberoamerican country, Andorra, the Philippines, Equatorial Guinea or Portugal.

Can I retain Thai Citizenship if I obtain Australian Citizenship?

Thailand does not accept dual citizenship. Minor citizens who gain a second passport at birth are allowed to maintain both nationalities but must relinquish one by the age of 18. Female citizens who take up the nationality of their foreign spouse will lose their Thai citizenship, but they may regain it if their marriage ends in death or divorce.

Can I retain United Arab Emirates if I obtain Australian Citizenship?

A citizen of the United Arab Emirates is forbidden to have multiple. The only exception is in cases when an individual holds another citizenship from birth but also has a father who is a UAE national and who confers citizenship upon him or her.

Can I retain UK Citizenship if I obtain Australian Citizenship?

The United Kingdom allows for multiple citizenships. You don’t need to give up your British citizen when you apply to become an Australian Citizen, and holding other citizenships won’t affect your British citizenship.

Can I retain US Citizenship if I obtain Australian Citizenship?

The United States allows for multiple citizenships. You don’t need to give up your US citizenship when you apply to become an Australian Citizen, and holding other citizenships won’t affect your US citizenship.

Can I retain Venezuelan Citizenship if I obtain Australian Citizenship?

Venezuela does not allow dual citizenship. Those who become citizens of another country at birth may keep both passports until the age of 25, upon which they must lose their foreign nationality or they will lose Venezuelan citizenship.

Summit Migration can assist you through every step of the citizenship application process. We have some of the most experienced migration agents in South Brisbane and we can also assist you with your Partner Visa, Parent Visa, Student Visa, Short Term Work Visa, Skilled Visa, or any other Migration Visa.

Call us today for advice, or for an assessment on your matter.

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What is Condition 8607 for the Temporary Skill Shortage [Subclass 482]?

In March 2018 the Temporary Skill Shortage [TSS Visa] [Subclass 482] came into effect replacing the previous subclass 457. The subclass 482 includes a mandatory condition 8607, which requires the holder to be employed in a nominated occupation.

Condition 8607 has 4 parts to be aware of:

1. The Visa holder must only work in the nominated occupation in which they were granted their visa.

For the short or medium term, the Visa holder must only work in their nominated occupation for the sponsoring employer or any associated entity.

There are some exemptions that do apply to specific occupations namely, managing director, general manager, chief executive, and other medical occupations. In the case of an overseas business-sponsored or a sponsor under the labor agreement stream, the visa holder must only work for their sponsoring employer.

If the visa holder wishes to change their occupation, generally a new subclass 482 Visa application is required to do so. Once, a new subclass 482 Visa has been granted, the applicant can end any contractual obligation with the previous employer.

2. The Visa holder must commence work within 90 days the day visa being granted or from when they arrived in Australia whichever is the latest.

If the visa holder is outside Australia at the time of the Visa grant, they are required to start work with the relevant employer in the nominated occupation within the required 90 days. When the visa holder is outside Australia the applicant must commence their work within 90 days upon arrival their in Australia. The Sponsoring Employer is required is under active obligation to advise the Department of Foreign Affairs if the subclass 482 Visa holder does not commence work within the required time limit.

3. The Visa holder must not end employment or suspend employment for more than 60 consecutive days.

If the visa holder’s Sponsoring Employer decides either unilaterally or by agreement to terminate the employment contract, the subclass 482 visa holder, will need to find another employer within the mandated period of 60 days. Alternatively, they will need to arrange for another visa or leave Australia within 60 days of their end date. In some cases, 90 days are allowed.

An extended period of unpaid leave may be taken with the original sponsoring employer. This may be permitted for compelling in compassionate circumstances or exceptional circumstances. Some examples of these are: leave for study, sabbatical leave, recreational holiday leave with no pay, sick leave without pay, or maternity, paternity, or care leave.

4. The Visa holder must obtain and hold any relevant and necessary work-related licenses, registrations, and memberships.

The subclass 482 visa holder must acquire and hold any required and relevant licenses, registration, and memberships to perform the task under their nominated occupation in the jurisdiction of their employment within the following time frame. It is a requirement to inform immigration in writing if an application for a license or registration is rejected, revoked, or canceled.

The process of migrating to Australia can take up to around a year. The earlier you start, the easier the process. Summit Migration has extensive experience in applying for subclass 482. Consulting a registered migration agent is a valuable decision to help you in this process. You may contact Summit Migration to talk with a registered migration agent today. One of our registered migration agents can conduct a full assessment and advise which visa pathway is best suited for you.

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Top 5 Courses That Will Assist You in Obtaining Permanent Residency in Australia

Australia is a desirable place to migrate due to its strong economy, great lifestyle, world-renowned universities, beautiful flora and fauna, and pleasing weather. With this in mind, it’s not surprising that Australia has become the destination for over 300,000 international students to migrate permanently to Australia and to commence living here. Every year, changes are made to the skilled occupation list by the Australian Department of Home Affairs. If you’re considering studying in Australia or looking at the potential for a pathway to permanent residency, it’s important to consider the types of occupations that are in demand in Australia before you finalize your plan and apply for your visa.

This shortlist will set out some of the highly demanded occupations in Australia as determined by the Australian Government. International students who have completed these courses will have a higher chance of obtaining permanent residency. While the dynamic nature of this list makes it difficult for international students to choose a particular course, some occupations are consistently the most favorable in the consolidated skilled occupation list. It would be wise to carefully consider this list that shows courses that lead to higher permanent residency prospects in Australia.

1.       Engineering

Australia always faces huge demand for engineers in a range of fields including aeronautical engineering, agricultural engineering, software engineering, structural engineering, mechanical engineering, chemical engineering, civil engineering, production or plant engineering, biomedical engineering, environmental engineering. Consequently, international engineering students will have strong prospects of obtaining employment in the Australian Labor Market. The [inaudible] university’s guide recently indicated that engineering graduates in Australia earned upwards of 65,000 AUD per annum on average which is one of the highest salaries on a skilled occupation list. There is significant demand for engineers in Australia and this is unlikely to change in the coming years.

2.       Computer and Information Technology (IT)

IT is in demand for a range of industries in the Australian Labor Market. The booming economy in Australia means that IT professionals within the qualifications from an Australian University or have a clear history of IT skills will remain in significant demand. Due to the importance of IT, this is an occupation that is unlikely to drop from the consolidated skill occupations list anytime soon. International students studying IT in Australia who wish to settle in Australia temporarily or permanently stand a substantial chance of strong prospects of having their visa successfully granted under one of the permanent residency pathways.

3.       Accountancy

Accountancy is one of the fastest-growing occupations in Australia. As an accountant, there is a great range of employment opportunities available in organizations as they need their taxation, corporation, and record-keeping, compliance requirements. Reconsider the candidates who hold a master’s in professional accounting (MPA) will have strong and improving job prospects in the coming years. The number of International Students who have pursued Accounting in Australia grew by 500% between 2001 and 2014.

4.       Education and Teaching

Australia is making significant investments in its education sector. International students who obtain teaching or education degrees have significantly higher prospects for applying for permanent residency once they have finished their studies. These courses lead occupations like vocation education teachers, teachers for English as a second language, primary and secondary teacher, pre-primary teacher, special needs teacher, or you may get a job as a university lecturer.

5.       Nursing

Australia has one of the strongest growing healthcare industries in the world. Healthcare and associated services are highly paid careers and occupations in significant demand in Australia. There is a range of undergraduate research and postgraduate programs in health, nursing, and midwifery that will significantly strengthen your prospects of employment in Australia. You could choose any course which is suitable for your preferences such as a community health nurse, medical practice nurse, child and family health nurse, mental health nurse, surgical nurse, or a pediatric nurse.

With the team of expert immigration consultants. Summit Migration provides the best services to its clients with extensive experience we’ve serviced a range of clients with permanent residents and can advise you on the best pathway towards permanent residency. Why not visit Summit Migration and have an assessment of your eligibility on anyone of the above streams.   

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How Protection Visa Applicants Can Improve Their Chance of Success

Protection Visa Applicants with a lawyer or migration agent representing them are seven times more likely to have a successful outcome at the Administrative Appeals Tribunal.

This and other factors are the result of a meta study of information, received from a Freedom of information Request, across 18,196 cases reviewed and decided by the AAT between January 2015 and December 2019 for Protection Visa Applicants who arrived by plane.

An initial decision on a Protection Visa Application is made by a delegate at the Department of Home Affairs. If the decision is refused, a fresh hearing assessing the merits of their claim for protection is allowed at the Administrative Appeals Tribunal.

The review found that Protection visa applicants at the AAT received favourable outcomes in just 13% of cases. In the remaining 87% of cases, the original decision by the Department was upheld.

This suggests that there are a number of strategies that Potential Protection Visa review applicants should consider if their protection visa is refused.

1. Legal Representation – Protection Visa Refused

The review concluded that only 4% of applicants without a lawyer or migration agent were successful at the AAT. This rose to 28% when the protection visa review applicant had representation.

The report found that just over half (at around 52%) of review applicants did not have representation at the Tribunal.

The number one strategy that can boost your prospects of success is to have strong legal representation.

• Country of Origin – Protection Visa Tribunal

The study also found that certain countries were significantly more likely to have a successful outcomes at review. Particularly applicants from Libya (91%), Afghanistan (76%), Ethiopia (61%), stateless individuals (43%), Iraq (53%) and Iran (47%) saw the most chance of success with their reviews.

This suggests that the Department of Home Affairs is making the wrong decision for applicants from these groups more than half the time. 

Conversely, applicant from some certain countries simply had no prospects upon review. Specifically, Ireland and Tonga saw success rates at 0%, followed by Taiwan and South Korea (1%) and Malaysia (3%).

In the period reviewed, Malaysian Applicants made up 6,488 applications, which suggests there is a high population of Malaysian applicants on pathways that are highly likely to be unsuccessful. This is such a large number that when the Malaysian applications were taken away, the success rate for all protection visa applicants at review increased from 13% to 19%.

• Which Member You Draw – Protection Visa Review

The research also indicated that certain members were significantly more  likely to given negative decisions and others were more likely to give positive decisions.

Of the members reviewed, two did not find in favour of a protection visa review applicant, and another sixteen had approval rates of less than 5%. Conversely, one member decided in favour of the review applicant in a whopping 86% of cases, while another three members had approval rates over 40%.

The report did suggest this could be because some members had expertise in particular countries, not because they were specifically biased.

This is an insightful study and strongly suggests that legal representation is the number one factor in whether your protection visa application will be successful.

The team at Summit Migration are experts in Protection Visa review applications. Give your application the edge it deserves. Contact us today for a free assessment of your rights to a protection visa merits review application.

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Partner Visa Interview Questions

If you’ve lodged a Partner Visa Application, it’s possible that the Australian Department of Home Affairs (DHA) may require a meeting either face to face or by telephone. The meeting is intended to investigate the applicant and sponsor with the purpose to assist in deciding if a relationship is authentic.

Below is an example rundown of a portion of the potential inquiries that may be asked in a meeting. Please remember that this rundown is just an example and DHA may inquire into whatever topic is needed to satisfy the decisionmaker. On the off chance that you consider a question is unseemly, particularly on the chance that it includes intimate or personal details of your relationship, you hold the prerogative to politely decline to answer.

About Meeting Your Partner and Your Relationship

When did you meet?

Where did you meet?

What did you find attractive about your partner at first?

What do you (now) find attractive about your partner?

When did you start your relationship together?

When did you fall in love with your partner?

When did you consider yourselves “in a relationship”?

What’s the last thing each of you gave the other as a gift?

About You (the applicant)

How are you paying your bills and supporting yourself now?

How do you and your partner stay in contact? How often? What method(s) of communications?

What will you do when you come to Australia?

How much time have you spent with your partner’s family?

How much time has your partner spent with your family?

Why did you and your partner decide to apply for an Australian partner visa instead of a visa in your home country?

About Your Marriage

When did you decide to get married?

When did you officially become engaged?

Where were you when you became engaged?

Why are you getting married?

Where was the marriage?

What was the name of the church you were married at?

How many people attended your marriage ceremony and reception?

What restaurant did you use for the food for your marriage?

Which of your family attended the marriage ceremony?

Which of your partner’s family attended the marriage ceremony?

Before you were married, how often did you date?

About Your Defacto Relationship

How long have you and your partner lived together?

Have you and your partner lived apart during the last 12 months? If so, please provide details.

What addresses have you and your partner lived at together, and for how long?

When and Why did your previous defacto relationship end? (if applicable)

About Your Partner

What is your partner’s address?

When was your partner born?

Does your partner have a degree? If so, what type and from what school?

What year did your partner graduate from college? (if applicable)

What does your partner do for work?

Where does your partner work?

Is your partner at work now?

How does your partner get to and from work?

What is your partner’s income?

What hours does your partner work? Any overtime?

What size clothes does your partner wear?

What are your partner’s favourite foods?

What are your partner’s hobbies?

What does your partner do in his/her spare time?

What are your partner’s parents’ names?

What do you call your partner’s parents (nicknames, their first names, etc)?

What does your partner’s father do for work? Where is he employed?

What are the names of your partner’s brothers and sisters?

What do your partner’s brothers/sisters do for work? Where are they employed?

What is your partner’s parents’ address?

What are the name(s) of any previous wives of your partner?

Where is your partner’s child now (if partner has a child)?

What do you love about your partner?

About Traveling

What visits has your partner made to come to see you?

What visits have you made to go see your partner?

Where do you go out to visit when you go out together?

About Living Together With Your Partner

Do any others live in the home you share with your partner? If so, who?

Why do you allow others to live in the house with your partner?

What side of the bed does your partner sleep on?

What religion do you practice in your home?

If you and your partner are from different religions, how will you handle that with your kids?

Please describe your home (that you share with your partner).

Please describe the bedroom you sleep in your home.

Do you have any pets?

What colour are the curtains or blinds in the bedroom?

Have you and your partner made any major financial purchases together?

Have you and your partner made any major financial commitments (leases, etc) together?

What’s the last film you saw together with your partner?

(referencing a photo) Who is this person in the photo of you two (describes photo)?

What will you do if this visa application is refused?

Do you plan to have children with your partner?

Summit Migration offers visa assessments and has a strong record of success with Partner Visa Applications. Contact us today to get a full assessment of your prospects under the Partner Visa Program.

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