Training Plans for 407 Training Visa

In a collaboration with Sponsor-connect, we offer comprehensive Training Plans for 407 Training Visa.

 

Training Plan for Training Visa 407 Training visa 407 is for ‘on the job’ or classroom based training and skills development. Companies and government departments, Australian and international, are eligible to nominate trainees.

There are 3 types of nomination for Training Visa 407:

  • Type 1: Training for professional or trade registration
  • Type 2: Workplace training for skill development
  • Type 3: Training for capacity building overseas (3 subcategories):
    • overseas qualification (subcategory a)
    • government support (subcategory b)
    • professional development (subcategory c)

As an employer considering Training Visa 407, training needs analysis is recommended.

Training should be structured to the training needs of the nominee. Training needs analysis and program proposal should be prepared for nomination application.

Program Proposal should include:

  • Objectives, tasks and timeframes;
  • Delineate practical work activities and instruction and/or observation;
  • Assessment of nominated trainee’s present skill level;
  • Definition of milestones and target skill development;
  • Provide details of appropriately qualified and experienced supervisors (trainers, assessors, etc);
  • Anticipated skills development for the Training Visa 407 holder.

The tasks actually performed should be consistent with program objectives.

The timeframes for completion of tasks needs to be clear. However, it is advisable to indicate an increase in difficulty and complexity over time.

Show in particular who the trainee will progress to a higher level skills capability.

 

 

0

BOOST YOUR BAND SCORES IN IELTS, PTE ETC WITH COLLOQUIAL EXPRESSIONS

IELTS is regarded as the most effective English language tests. Above two million candidates undertake this exam yearly. This is one of the pioneers that has happened to be enacting four-skills English language examination for at least quarter of a century before now. It still continue to set the standard for English language testing at present. International English Language Testing System is founded jointly. The founders are British Council, Cambridge English Language Assessment, IELTS Australia. Opting for this test can bring you a good opportunity to reside, read and even work around the entire world. It is approved by a minimum of 9000 organizations around the world. Academic tests are for candidates that are prepared to study in an English-speaking terrain. The General Training Tests are for those willing to run working experience, training programs, college or migrate to an English – speaking terrain. Both types possess similar listening as well as speaking tests, however totally different writing and reading tests.
The Program provides evaluation of listening, reading, writing and speaking skills. The process does not take beyond 3 hours. Candidates can not ask for their score by email or phone. You get a score for each aspect of test as well as mean overall mark for the examination. The IELTS results of the test are valid for two years. There is definitely not a pass or fail in IELTS. You will be scored based on your own performance in the test, making use of scores from 1–9 for every single aspect of the test: Listening, Reading, Writing and Speaking. Fifty percent band score implies an impressive performance at a certain band level. For instance, if you should get an overall band score of 6.5, you have performed highly within the Band six level.
Colloquial expressions are informal terms, words, and also sentences that are in general more suitable for chitchat rather than for written essays. They tell us about how exactly individuals really talk in their real life. In the IELTS speaking test they can actually help boost your score, if used properly, nevertheless, they can also reduce your score, if you don’t make use of them properly. This is one of the most common mistakes in the IELTS speaking test. Lots of students assume that simply mastering a bunch of colloquial expressions and then utilizing them in the test will assist them get an excellent score. In reality, the opposite is really true. Examiners are properly trained to spot individuals attempting to use expressions which are inappropriate. It entirely depends upon the context if you don’t make use of them the right way, they will sound coerced as well as artificial. If you can, get an indigenous speaker or English teacher to listen to you and then let you know when you are using them appropriately.
In the IELTS speaking test, using idioms, metaphors and common expressions can certainly help boost your score, when put to use accurately,This article will reveal to you how colloquial expressions can be made the most of in the Speaking Tests. To grasp colloquial expressions really requires to understand them intellectually (perhaps by initial studying) as well as to hear them put to use properly by indigenous speakers (or nearby indigenous speakers) of English.Learning certain fundamental colloquial expressions and their applications can help your score in IELTS writing and speaking tasks. It is suggested that you should not use as much as 2 colloquial expressions in an essay with 250 words. Although, this is a really difficult statement to make with authority, since a number colloquial expressions are used so commonly that we tend not to recognize them as such, so they really are not likely counted as such by an examiner. A colloquial expression could be so frequently used that it just looks like a second definition to you as well as the indigenous speaker.Do not ever attempt to use a colloquial expressions in an IELTS task unless you understand it and can use it appropriately. When making use of it in the IELTS speaking test, you ought to be able to use it with the appropriate inflection (pitch , modulation). It is very important to think of the context of to whom as well as what exactly is directed towards.
Examples of colloquial expressions which are more frequently used in business or educational contexts, and would therefore be more suitable for an IELTS task. Examples of colloquial expression with a W, this implies we feel it is formal enough to utilize in your writing tasks. All can be utilized in the speaking tasks, even if they do not have the W,
on the dot – W – happens at a particular time, exact time, exactly time.
==>The course will start at 7:00 a.m. on the dot, therefore don’t be late!

read my/your/his mind – W – refers to the fact that thoughts are known by another.
==>I was astonished he knew what I had been planning, like he can read my mind.

before long W – a rather short period of time.
==>I will probably be gone before long, still I really hope you learn a lot
the bottom line W – most important number or information.
==>My bottom line to accomplish this job is the need for freedom from meddling!
Don’t give me the details of what the client said regarding the bid, just tell me his
bottom line.
Set in their ways – not planning to change
==>My parents are very traditional and also set in their ways

change one’s mind W – to change a verdict or even opinion. =>Nothing you might have explained incites me to change my mind.
catch your/my/his eye W – something or somebody that has a visual appeal for you,

==>His instructing process is on the cutting edge. This new PC is cutting edge
technology.
white elephant W – an unprofitable investment, something that is large and unwieldy
and is a nuisance and/or costly to maintain.
==>That new motorbike I purchased is really a white elephant, it is expensive and too big
for these roads.

0

English Test Scores Comparison Table – Skilled Migration

The English Test Scores Comparison Table shows the scores required for Australian migration and study.

The language tests are universally accepted in Australian education and career fields.

The five language testing systems accredited by the Australian government include:

  • IELTS English Test Scores Comparison Table
  • TOEFL English Test Scores Comparison Table
  • PTE English Test Scores Comparison Table
  • CAE English Test Scores Comparison Table
  • OET English Test Scores Comparison Table

The benchmark score levels range from Functional through to Superior.

Download (PDF, 587KB)

TOEFL TEACHERS NEEDED
0

签证到期/取消/拒绝/移民拘留

签证到期/取消/拒绝/移民拘留

签证过期了吗?

警告:移民官员和警察使用的新技术可以更有效地逮捕没有签证的人。

如果您的签证已经过期或即将到期,我们会协助办理临时签证申请,以维护您的合法身份。

取消/拒绝签证

我们在AAT(上诉法庭)上诉取消和拒绝签证方面拥有丰富的经验。将您的决定记录发送给我们,免费评估您的案例前景。

我们对取消撤销请求也非常有经验。

移民拘留

我们协助某些客户采取法律措施解除移民拘留。

注意:非注册代理人提供的咨询和协助是非法的,最高罚款20万美元或2年监禁。

其他签证和移民协助

– 雇主赞助的签证

– 家庭签证

– 难民签证

有关更多信息,请联系Joy Chen女士,微信: fatcat522

0

How can I get a person released from Australian immigration detention?

Released from Australian Immigration Detention – A Complex Migration Matter

We often have enquiries asking, “How can I get a person released from Australian immigration detention?”

The short answer is that it is not easy. BUT, it is also not impossible. immigration detention Australia

There are different reasons people are taken in to immigration detention. 

To arrange for temporary or longer term release, it is first necessary to know why they are there at all. 

On a basic level, people are taken in to immigration detention for these reasons. 

  • overstaying /unlawful visa status;
  • breach of visa conditions;
  • character or criminal grounds pending removal after cancellation. 

For certain cases, options as to further review or fresh application are available. 

In others, baseless or erroneous grounds for detention are uncovered. If this is the case, we then seek release for the detainee. 

In other cases, options for detainees are exhausted. However, we are at least in an option to pursue temporary release on ‘departure grounds’.

This allows for the individual to be released to tidy up matters, such as financial and liquidation of assets, before leaving the country.

In this case, we can also provide planning for future applications to return to Australia. 

As you will note, ‘How can I get a person released from Australian immigration detention?’ is not easily answered. 

NOTE:

  • The Australian government is fast tracking deportation for detainees.
  • For us to assist you or a loved one it is important to contact us urgently. Strict time restrictions apply under Australian Migration law. 
  • Call or TXT ‘IMMIGRATION DETENTION’ to 0400 804 087. We will respond immediately. 

SOME RECENT SUCCESSES – Client cases of release from Immigration Detention

Over the past 12 months, VISAFAQ, and in particular Principal Mr Paul Sadler, has been instrumental in securing release of detainees from onshore detention centres in a number of locations across Australia. 

  • August 2017: Mr Nguyen, a Vietnamese national, released after 4 weeks in Villawood Detention Centre; Mr Nguyen’s case still under management and Mr Nguyen remains onshore. 
  • August 2017: Mr Van de Roost, a South African national, released after 6 weeks in Curtin Detention Centre; Mr Van de Roost was released temporarily for affairs to be managed and preparation of offshore visa application to which his is eligible and not affected by time in detention. 
  • December 2017: Mr Singh, an Indian national, released after 5 and a half weeks in detention; Mr Singh has an ongoing matter with the department and remains onshore and in the community. 
  • January 2017: Mr Hoang, Vietnamese national, released after 2 and half weeks in Marybrynong Detention Centre; Mr Hoang is presently preparing a new matter with the department and remains on release from detention. 
  • October 2017: Ms Lee, a South Korean national, released after 6 nights in Villawood Detention Centre.  Ms Lee’s case is still under management. 

In all cases, it was essential that detainees, their loved ones or concerned third parties contact us immediately to consult for assistance and intervention. 

 

 

WARNING: 'Artificial Intelligence' increasingly used to detect fraud – Unlawful non-citizens may also be easily detected

In a recent article, it was revealed how new technologies are being used by the Department. The technology is to be used to assess visa applications. It will also be used to monitor visa holders for compliance with conditions. 

For unlawful non-citizens, that is, individuals with no visa, will face higher risk of arrest. The risks of detection, location and arrest will increase over time, leading to more traffic through the detention centres. 

The technology is to be implemented over time. This will lead to increasing sophistication of Departmental handling and detection of cases. 

 

 

Statutory Time Frames to Note

Australian migration law sets out statutory time limits. 

The detainee is required to be informed of consequences of detention (s.194). The grounds for detention and the reasons for which the person is deemed to be an unlawful non citizen is to be explained. 

Application for a visa can be made, however within 2 working days after they were informed of s.194 grounds above. 

If unable to make application, then request for extension of 5 working days can be made (s.195).

Residence determinations can also be exercised at this time.

Application is to be made formally however the decision to grant is discretionary

How can I get a person released from Australian immigration detention?

In taking the above points into consideration, the answer is not a simple one. 

Most importantly, when trying to assist a detainee, you need to act fast. Time is not on your side. 

The longer the detainee is not accessing assistance, the fewer options become available. 

 

0

Temporary Skill Shortage (TSS) visa

Temporary Skill Shortage (TSS) visa is to commence in March 2018.

TSS is the replacement visa scheme of 457 visa program, splitting the 457 program into short and long term visas.

Occupations lists

Risks to application

  • Streamlined processing – risk of early refusal
  • Greater emphasis on genuine position
  • Labour market testing tightening – specific measures yet to be published
0

Sponsored Jobs Australia

Sponsored jobs Australia can be accessed through affiliate site Sponsor-Connect.

This website for sponsored jobs Australia is an online database featuring ONLY sponsoring employers.

Employers can browse resumes for free.

It is also free for employers to contact sponsored work seekers directly.

Recruiters are also able to use the online services for free.

Employers can post jobs for free.

Employers seeking skilled workers can access the following visa subclasses.

  • Short term work – sc 400/407/408 visas – 3 to 6 months.
  • Temporary work – sc 457/TSS visa – 1-2 years.
  • Temporary work – sc 457/LMT visa – 2-4 years.
  • Permanent work – sc 186ENS/187RSMS visa.

Employers in regional areas or requiring urgent teams of temporary workers can post projects.

Sponsor-Connect is promoted Australia wide and internationally.

 

The features and benefits of the site can be summarised as follows.

 

For Employers

  • Free account registration.
  • Simple or detailed registration.
  • Free job posting.
  • Option to turn on or off ‘apply’ function.
  • Option to tun on or off appearing in search function.
  • Outreach to skilled workers in and outside of Australia.
  • Short term (400/407/408), medium term/temporary (457/TSS) and permanent sponsored (ENS/RSMS) visas scoped.

For Sponsored Jobs seekers

  • Free account registration.
  • Free online resume creation and resume upload.
  • Fully searchable by Australian employers nation wide.
  • Ability to nominate cities for relocation.
  • Free access to listed jobs*.

 

* Note: Not all employers post jobs on Sponsor-Connect. Many registered employers prefer to search for candidates directly.

 

0

Visa Cancellation Australia

Visa Cancellation Australia – Things to know

Visa cancellationVisa cancellation under Australian immigration law can be initiated by the Department of Immigration and Border Protection (DIBP) for the following reasons:

  • Discovery of false, misleading or ‘bogus’ information during applicaiton;
  • Discovery of fake documents supplied as evidence during application;
  • Character grounds for criminal convictions or, in some cases, associating with known criminal groups;
  • Failure to pass genuine visa holder test – most commonly associated with student visas;
  • Anonymous tip offs and information provided to BIBP anyonmous tip off line that a person is acting in breach of visa conditions;
  • Breach of visa conditions.

Steps of cancellation process

The DIBP will receive adverse information about a visa holder. In the case of student visas, this is most often from the institution in which the visa holder is enrolled.

The Department then investigates the claim, or information recieved.

If satisfied that grounds for cancellation exist, a the visa holder is issued with a Notice of Intention to Consider Cancellation (NOICC).

Contact us immediately if you receive a Notice of Intention to Consider Cancellation. Send email with a copy of the Notice attached. We will then contact you for a no-obligation, confidential discussion of how we can assist. Email our migration professionals at info@visafaq.com.au

Emergency consult visa problemsThis is also known as ‘natural justice’ letter, for it provides opportunity for the visa holder to give their side of the story before cancellation proceeds.

The visa holder is given 28 days from date of NOICC letter to provide a response.

If the case holder is not satisfied with the response, and therefore believes cancellation should proceed, the visa cancellation will take place.

The visa holder will be notified of cancellation by post or email. The notice will provide information about leaving Australia and date of cessation of visa.

Can the decision to cancel a visa be reversed?

In many cases, yes. In some, no.

There are different avenues available for former visa holders who have had their visas cancelled. These include:

  • Request for Revocation;
  • Merits review through the Administrative Appeals Tribunal (AAT);
  • Judicial review through the Federal Circuit Court (FCC);
  • Formerly, Ministerial Intervention requests were possible, but access to the Minister is now restricted, however in some cases, appeal to the Minister can be allowed.

The avenue of appeal depends on the type of cancellation, the grounds of cancellation, where the visa holder is at time of cancellation (onshore or offshore); extent of breach, types of breach and many others.

Avenues of appeal can be complex, so please feel free to contact us visa email with as much detail on your case as possible. We will review and contact you back by return email or phone.

0

457 to 186 Permanent Visa Pathway – Where is it at?

457 to 186 Permanent Visa Pathway

Changes to 457 to 186 permanent visa pathway from April 2017 to March 2018 have continued as planned by the Australian government.

However, a number of important questions are yet to be resolved.

One issue creating confusion is eligibility for existing 457 visa holders and applicants to transition to permanent residency.

Questions remain as to who remains eligible and when is the effective cut off date for eligibility.

Confusion surrounding 457 to 186 permanent visa pathway caused many applicants to withdraw applications or employers to cancel hiring plans.

For some, this may have been premature. So called ‘grandfathering provisions’ allow for a transition period.

Grandfathering, for those readers unaware of the phrase, refers to a transition period where the old rules remain in force whilst new rules apply to future cases from a set date.

In the 457 to 186 permanent visa pathway legislative change, it remains unclear as to when an absolute cut off date for the grandfathering will be.

Genuine Position Writing Service – ENS, RSMS, 457 Nominations

The planned March 2018 abolition of 457 visa, to be replaced by short term strategic and long term visas will certainly see the restriction of permanent visa pathway for many applicants, but the details on this are yet to be fully released as well.

During this transition period, existing 457 visa holders and applicants may still be eligible up until March 2018, however this is likely to impact 457 visa holders who have changed nominating employers.

As the reader can see, the only certainty in all this is the lack of certainty.

To reduce risk of refusal in nomination and visa application under the transition stream of 457 to 186 permanent visa pathway, is essential to ensure your representative reviews regulation and legislative instruments at the time of lodging.

Where greater uncertainty exists, it is also advisable to seek Departmental guidance through the agents portal. Consult your representative or contact us if you require assistance.

 

0

ENS Nomination Refusal

ENS Nomination Refusal  — How to Manage the Risk for Visa Applicant

Applications for Employer Nomination Scheme (ENS) visas (186) are subject to requirements to demonstrate a genuine need for the position being nominated. ENS nomination refusal is largely due to inadequacy of statement of genuine need.

The requirement to provide evidence of genuine need of position was introduced into the Migration Regulations in July 2016. However, case officers are now under strict policy instruction to scrutinize applications for genuineness of position criteria.

July 1, 2017 changes to Regulation 5.19(3)(i), state the nominator must show how the position is a paid one and under the nominator’s direct control. The interpretation of the meaning of under direct control is yet to be fully explained by the department and has raised concerns that this vague terminology can be grounds for refusals.

To strengthen applications, there are a number of important things to consider when drafting the statement of genuine need.

  • The position fits the scope of the activities of the business.
  • The business can provide evidence demonstrating need for the position (whether new or existing).
  • The tasks of the nominated role are detailed in the employment contract and ‘substantially’ align with tasks on the ANZSCO occupation description for the nominated role.
  • The inability to hire a suitable employee for the nominated occupation from the local labor force.
  • Reasons why the nominated employee is selected as the best and most appropriate nominee.

 

Genuine Position Writing Service – ENS, RSMS, 457 Nominations

When making nomination application, consider the following issues that can be grounds for application refusals.

  • Broader economic factors surrounding the business, such as whether the industry in which it operates is in decline.
  • Average or above-average unemployment in the nominated occupation.
  • The business has recently laid off employees in the nominated or similar roles.
  • The business has recently reduced hours of operations.
  • Other employees in the business have experienced a reduction in pay and conditions (note, the ATO and DIBP databases are increasingly linked to cross check business activities).
  • The business is small and employs a number of 457 visa holders or other temporary visa holders, and there are no, or few, Australian employees.
  • Management positions nominated at the lower end of the market salary rate according to industry standards.
  • The nominated occupation is generic in nature (the department identifies Marketing Specialist, Program or Project Administrator, Specialist Manager NEC).
  • The business is an overseas entity sponsoring a visa holder through an associated entity.
  • The business sponsor is an overseas entity with newly established branch in Australia but nominated role is not suited to establishing the Australian business and to be responsible for operations of the business in the short to medium term.
  • Inconsistent information about tasks performed in the role and those on the nominated occupation as defined by ANZSCO description.
  • The list of tasks provided in the application form has been substantially copied from the ANZSCO dictionary into the application form or job description.
  • The business wishes to nominate a General Manager and is an import/export business with no employers other than directors.
  • The business relies on rental income from domestic properties (for example, renting rooms to overseas students).

 

Nomination applications exposed to any of the risks above will not automatically be refused. Rather, a robust defence of the requirement for the nominated role to be approved is even more essential.

0

Genuine Position 457

The author has recently encountered an increase in the number of clients seeking assistance with refusals for 457 nominations on the grounds of failing the ‘genuine position 457’ test.

The genuine position test is applied to nomination applications under Regulation 2.72(10)(f) of the Migration Regulation 1994.

The test states that an application must pass the genuine position test I order to be considered a bona fide position. This is as opposed to one that is simply created to achieve a migration outcome.

There are a number of triggers that departmental case officers observe when they are applying the test. These include such things as whether the visa applicant is a relative of the sponsoring business’ management, a misfit of the role to the business and discrepancies in pay for work performed.

Genuine Position Writing Service – ENS, RSMS, 457 Nominations

Other ways in which the genuine position test is applied is in the emergence of the need for the role in the timeline of the business’ operations. For example, a position that is automatically required that is inconsistent with trading patterns or business history will be flagged for closer attention.

In order to minimise the risk of refusal, an application should be accompanied with a fair depth of supporting evidence of operational requirements for the role. This may include such things as evidence of increased work hours by existing staff or new contractual obligations with new or existing clients.

Nominating employers also need to be careful of incorrect occupation nominations. A genuine role in the business may attract a refusal when the role nominated has tasks and duties that apply to a different occupation classification.

The genuine position test may also risk the success of the nomination application where employment patterns of the business have changed in recent times. For example, retrenchments, changes to working hours and reduction in pay may cause a case officer to arrive at a conclusion that the position is not a genuine one.

If you have any doubts or concerns about the risks posed to your application through the application of the genuine position test, contact us to discuss your matter further.

0

Training Benchmark Changes 2018

Training Benchmark Changes for Employer Sponsors from August 12 2018

Training benchmarks were relevant for applications for TSS/457, Employer Nomination Scheme (ENS) and Regional Sponsored Migration Scheme (RSMS).

On August 12 2018, critical changes were made to rules surrounding training benchmarks with the Skilling Australia Fund.

Skilling Australia Fund Nomination Applications

In a move that has radically simplified the training fund commitment by sponsors and nominators for TSS, ENS, RSMS visas, the Skilling Australia Fund commences 12 August 2018.
The change represents a welcome simplification of the benchmark system, a system that was increased risk of application refusal and was complex in administration.
The SAF charge to be levied on nomination applications at time of writing are as follows (be sure to ensure that the following rates are correct for you at time of application): Skilling Australia Fund Nomination Applications:

  • Temporary sponsored visas $1,200 per year of the proposed visa period for businesses with an annual turnover of less than $10 million;
  • Temporary sponsored visas $1,800 per year of the proposed visa period for businesses with an annual turnover of at least $10 million per year of the proposed visa period;
  • Nominations that relate to permanent visas (RSMS, ENS) incur a once only charge of $3,000 for businesses with an annual turnover of less than $10 million;
  • Nominations that relate to permanent visas (RSMS, ENS) incur a once only charge of $5,000 for businesses with an annual turnover of at least $10 million.

Exceptions are available in the following situations only:

If nomination is made under a labour agreement providing for the nomination of the occupation of Minister of Religion or Religious Assistant..
SAF replaces the Training Benchmarks A and B system that was clunky and complex in calculation where spending on training was diffuse, with some expenditures falling outside of eligiblity.

NOTE: THERE ARE SEPARATE RULES FOR TRAINING OBLIGATION FOR 186 DIRECT ENTRY, AND 457, 186 TEMPORARY RESIDENCE TRANSITION STREAMS. 

Please note the following information is legacy and not applicable to new applications. 
Benchmark A – Payments to a Training Fund
Benchmark A requires 2% of payroll to be paid into an industry training fund. Since the changes were introduced, employers now need to demonstrate:

Industry training fund
Fund managed by recognised Industry Body
Scholarship fund operated by Australian TAFE or University
Expenditures previously accepted that are now removed include:

Funds operated by RTOs or private individuals
Funds paying commissions or offering refunds if application fails
Private training providers can not longer accept payments for Benchmark.

Benchmark B – Expenditure on Training Australians in the Business
Benchmark B involves 1% of payroll to be paid on training Australian employees in the business.

Training benchmark changes now include the following:

Formal courses of study + associated costs (eg travel)
RTOs delivering face-to-face training which contributes to formal qualification
eLearning or training software
Apprentices, trainees or recent graduates
Training officers – must be sole role
Attending conferences for CPD
The following expenditures are no longer acceptable:

On-the-job training – previously, structured on-the-job training could be counted in some circumstances
Training not relevant to business’ industry – it is not clear how closely related the training must be to the industry
Training of principals or family members – previously, training of family members could be counted providing it was also made available to other employees
Induction training
Salaries of staff attending training
Membership fees – previously allowable
Books, journals or magazine subscriptions – previously allowable
Conferences for purposes other than CPD
Hiring a booth at trade show, conference or expo
The above changes to Benchmark B will affect many employers in ways that had not previously impacted.

For expenditures made to external providers, payments are only eligible where the program or course leads to a formal qualification. This is likely to impact most businesses that previously relied on a wide range of in house and external training for meeting the benchmark requirement.

Calculation of Payroll
Payroll generally includes:

wages and salaries as per state payroll legislation, and
payments made to contractors or subcontractors if the work completed is related to services or products provided by sponsor
In the absence of payroll figures, directors’ fees, salaries and profits of the business can be used.

Timing of Training Activities
Payroll and training expenditure must be made in the period.

Previously, businesses operating for 12 months or more were required to demonstrate this expenditure in the 12 month period prior to lodgement. From July 2017, this expenditure may be for the 12 months prior to lodgement, or previous full financial year – this should help employers to gather relevant information and documentation.

Start-up businesses operating for less than 12 months are required to provide an auditable training plan to meet these benchmarks.

NOTE: There are changes to the occupation lists that will adversely impact a significant number of nominations.

0

Work Rights Bridging Visa




Work rights bridging visas are  possible through application, as under a number of conditions, work rights are not automatically granted.

Bridging visas are granted to provide interim residence status.

The status is required when applications are made for visas from within Australia.

Bridging visas are not granted for applications made outside of Australia.

Bridging visas are granted for a range of reasons and in a range of scenarios. Detailed information is available on the Department’s website.

Work rights on bridging visa A are granted when valid application is made from another substantive visa. (Note, a substantive visa is a typical visa with exception of bridging visas and special purpose visas).

The work rights will carry on from the previous substantive visa held.

Bridging visa C may be granted work rights. This will depend on the visa conditions of the last substantive visa held.

For bridging visa C holders without work rights, application will need to be made. This is called Permission to Work application.

Permission to WorkThe same will apply for bridging visa E holders.

Bridging visa E is the least favoured bridging visa. This means it has the most restrictions of the bridging visas (no work, travel or study rights).

To change this, application also needs to be made.

Work rights on bridging visa E are usually difficult to obtain. To be successful in application, there will need to be ‘grounds’ for applying. That is, you will need a good reason to be making the application.

It is only natural that you need to work to support yourself. However, the Department sees this differently.

The Department operates on the principle, that if you are on a ‘least favoured’ bridging visa, your migration history has had some problems. These problems may be your doing, or may be simple administrative error.

Writing your Permission to Work Application 

If you need to make application for your work rights on a bridging visa, consider the following.

  • Address reasons you are on a bridging visa.
  • Describe your financial support scenario prior to this application.
  • Describe your current financial hardship.
  • Describe how you intend to support yourself with work rights.
  • Provide a time frame you expect to need the work rights.
  • Provide as much supporting evidence with your application as possible.

Feel free to contact us and request our Permission To Work application service. We charge $99 and will draft a comprehensive permission to work application to reflect your personal situation. We will guide you through the application and strive to get the outcome you desire.




0

Genuine Temporary Entrant requirement Student Visas

Student Visa Refusal #1 Genuine Temporary Entrant Requirement

 

Genuine Temporary Entrant requirement student visas- What is it?

The Genuine Temporary Entrant (GTE) Requirement is defined by the administrative guideline called Direction Number 69.

The Direction is a rule book for case officers deciding on student visa applications.

Continue Reading →

0

Student Visa Cancellation





Student visa cancellationStudent Visa Cancellation is highly distressing for people involved. Even worse, it is often very sudden. 

If you receive a NOTICE OF INTENTION TO CONSIDER CANCELLATION (NOICC), or notice of AUTOMATIC CANCELLATION you need to act fast. Note the  following.

  • Note the time to response. The statutory time frame is usually 28 days.
  • The type of decision to cancel will be MANDATORY or DISCRETIONARY.
  • The decision to cancel is most often due to breach of visa conditions.
  • Conditions such as 8202 are discretionary and can be REVOKED.
  • Other conditions, such as breach of work restrictions, are mandatory and cannot be revoked. (There may be avenues of appeal depending on individual circumstances.)
  • Student visa cancellations can either be revoked or reviewed, such as by merits review (Tribunal) or judicial review (the courts).
  • Revocation is most often easier and the most appropriate response to NOICC.
  • Judicial review needs a clear error in law to succeed. Revocation can take into consideration compassionate grounds that tribunals and courts cannot.
  • Migration law provides for revocation requests to be made whilst the visa holder is off shore, or onshore BUT NOT IN IMMIGRATION CLEARANCE (that is, not once you pass out through customs and prior to departure from Australia).

 

Recent Trends

There has been a sharp increase in the number of student visa cancellation enquiries at VISAFAQ.Trend in student visa cancellations

This fits with departmental statistics which show a growth trend in recent times.

The statistics do not show cancellations that were revoked.

According to Australian immigration law, revocations are as though cancellation never took place. Thus, there is no long term effect on the visa holder.

Our Successful Approach

Our success in assisting many clients to achieve revocation of cancellation is in application of Notice 61 provisions of the Migration Act.

Notice 61 provides for grounds to argue that the breach did not occur, or that it occurred for reasons exceptional or beyond one’s control.

Other grounds for successful revocation are able to be applied under Notice 61, for example, issues with defective monitoring, complaints handling, notification, counselling and appeals.




No two cases are identical, so the key to successful revocation is pin pointing the correct avenue of request.

 

Visa cancellation affecting you? For a quick assessment (within 24 hours), email your information, together with correspondence from the Department as an attachment, to info@visafaq.com.au. 

 

Note also that decision-makers must consider all of the facts in a revocation request.

This makes the process highly subjective.

The subjectivity means that some case officers are easily satisfied that the request has merit.

Others will require considerable convincing with solid arguments, law based appeals to reason and merit, and plenty of objective evidence.

Whichever case officer allocated to your request, is difficult to know whether they are easily satisfied of the merits of the case or not.

It is the luck of the draw.

As a final word of caution, it is better to win at the NOICC stage than to seek a revocation request.

It is better to win at revocation request stage than to seek remedy in the courts. To win in the courts, the error in law by the Department must be demonstrated. In most cases this is impossible.

 




0

Partner Visa Interview: Extensive list of questions a case officer is likely to ask

Partner visa interview questionsPartner visa interview prepartion MUST HAVE!

The Partner Visa Interview Preparation Guide includes an extensive list of questions likely to be asked by case officers during phone or face to face interview for partner visas. Including onshore 820/801; offshore 309/100 or prospective marriage 309.

This list is extensive and exhaustive. Quite often questions will be asked in relation to statements made by yourself, your partner or witness/reference statements. A case officer may also ask general questions that are completely unexpected.

The objective of case officers conducting interviews in the way they do is to test the accuracy, reliability and credibility of your application and the claims and statements made in them.

 

More than half of Partner Visa cases lodged with Administrative Appeals Tribunal (AAT) are the direct result of information provided during case officer interviews (phone and face to face).*

 

The list featured in the Partner Visa Interview Preparation Guide is a reflection of the way interviews are conducted. A case officer may ask some questions, such as in relation to family members then switch to something completely different, then soon after switch back to asking questions about family members.

Partner Visa Interview Preparation GuideCase officer are always looking out for evidence of fake or ‘sham’ marriages that are arranged for migration purposes. This is technically termed a ‘contrivance’ and case officers seek to compile a list of anything that hints of a contrivance. This will prompt further investigation, leading case officers to assess the application as grant or refusal.

To avoid the pitfalls, be adequately prepared. Download your Partner Visa Interview Preparation Guide for only $7AUD.





* 2008 Parliamentary review into merits review process of failed partner visa applications.

0

Partner Visa Refusal

Partner Visa RefusalPartner visa refusal is on the increase according to migration industry insiders.

Australian Immigration Department crackdown on fake or ‘sham’ marriages and ‘contrived relationships’ has resulted in some innocent and genuine couples being caught up in the drag net.

This is a deeply troubling consequence of recently implemented measures to clamp down on migration fraud involving de facto and spousal sponsorship for partner visas.

The three types of partner visa to Australia are Onshore (combined subclass 820/801); Offshore (combined subclass 309/100); and Prospective Marriage (subclass 309).

Across all three subclass of partner visa refusal is on the rise. Although there are different grounds for refusal for each of the three types of Partner Visa, a consistent trend across all three is lack of satisfactory evidence of relationship.Emergency consult visa problems

The primary reason for partner visa refusal is inadequate evidence of genuine relationship and long term commitment.

Typically in the past, evidence of shared utility bills, lease agreements, phone records and photographs, etc, would suffice. Nowadays, these forms of evidence are increasingly viewed as easy to manufacture for a contrived relationship.

Unfortunately, because of the sheer numbers of contrived relationships, otherwise known as ‘sham marriages’, the departmental officers now require a more broad-based, holistic approach to reviewing evidence. This means that traditional forms of evidence that once would have been enough to guarantee a successful grant of Partner visa, now this is less the case.

Naturally, there are exceptions to this trend. Some applicants can still see a successful grant of Partner visa on the basis of a collection of traditional documentary evidence, such as photographs, signed statements, phone bills, etc.

However, anecdotal evidence from migration industry forums of migration agents and lawyers confirm a growing trend of Partner visa refusals, even where on the the surface the applicants having a seemingly strong case.

The key thing to remember when lodging partner visa applications, is that each case is unique and individual. Case officers are also individuals so what will work for one application will not necessarily be the same for another application.

When gathering evidence of relationship, try think as broadly as possible to document the relationship from multiple angles. The key is to think outside the box.

For advice or assistance, contact us or call us on the phone number on the home page of our website.

0

Family Violence Partner Visa Rules




Family Violence Partner Visa Rules

Provisions in law for family violence applies to partner visas where a relationship has ended, or is ongoing, but is subject to domestic violence. However, there are specific rules governing the process of applying for visa grant on the grounds of domestic violence (otherwise known as ‘family violence’).

family violence visaThe rules govern the type of evidence to be submitted to the department when claims are made of violence by a sponsoring partner. The law also provides for dependents of a sponsored partner who have been victims of violence by a sponsor to be granted full permanent residence together with the sponsored parent.

The type of violence considered under Australian immigration law is confined largely to physical forms of violence, however, in some cases other forms of violence may be considered by the Department.

Evidence Requirement

The types of evidence required to be submitted with application for grant under domestic violence provisions include judicially or non-judicially determined evidence.

Judicially Determined Evidence 

  • court injunctions under the Family Law Act 1975;
  • court orders issued under Australian state or territory law;
  • a registered conviction (or recorded finding of guilt) for violence perpetrated the sponsored partner and/or dependants.

It is important to note that evidence needs to show the domestic violence had occured whilst the relationship was ongoing and not after the relationship had already broken down and both parties separated.




Non-Judicially Determined Evidence 

  • A joint statement made in a court by the victim and the abusive sponsor declaring that an act of violence against the partner has taken place. The statement must set out details of alleged violence, by whom, against whom and circumstances before, during and after the events took place;
  • Statutory declaration using Form 1410. As above, the statutory declaration sets out the allegation of family violence and names the person alleged to have committed it;
  • at least two documents from an acceptable the list of evidence specified by the Department (in the relevant legislative instrument – Contact Us for the current list if required).

Be aware that if evidence of family violence is insufficient there is still a chance to avoid visa refusal or cancellation. We have proven expertise in assisting clients who have suffered domestic violence and are facing visa refusal or cancellation. For a no obligation consultation contact us to find out how we can help.

0

Family Sponsored Visa Composition of Family




Family sponsored visas for Australia include Parent and Child visas.

For secondary applicants as family members, there are varying definitions of composition of family. This can vary by visa category.

For certain family sponsorship, the definition of a family member will determine the applicant’s eligibility. The following relationships usually apply:

 

Close Relative a spouse, de facto partner, child, step-child, adopted child, parent, step-parent, brother, sister, step-brother, step-sister, adoptive brother or adoptive sister.
Relative Close relatives + grandparent, step-grandparent, grandchild, step-grandchild, aunt, uncle, step-aunt, step-uncle, niece, nephew, step-niece or step-nephew
Skilled regional or sponsored All relatives + first cousin
Refugee or humanitarian All relatives + First or Second cousin
Child Can be child by birth, adoption or step child (however certain Regulations will limit secondary applications for some child types under certain conditions)
Dependent Child – Child or step child not yet 18 years of age- Child or step child not yet 25, unmarried and not engaged, who is dependent upon the applicant or not able to work due to mental or physical incapacity.
Stepchild – Child of current spouse or de facto partner or- Child of former spouse or de facto but now under guardianship or custodial care by law.




0

No Further Stay Condition




No Further Stay Condition – 8503

No Further Stay condition is applied to some but not all visas.

Information on No Further Stay condition can be found on the Australian Immigration website.

When applying for a waiver to the condition, it is important to understand whether the condition applied to your visa is mandatory or discretionary one.

Mandatory simply means it MUST be applied, irrespective of the applicant and the country of application.

Discretionary means it can be applied by a case officer if they believe the visa applicant is at risk of overstaying their visa.

Waiver Request

The Australian Immigration Department’s website at the link above provides grounds for requesting a waiver.

A waiver means the applicant is given permission to make an application to remain in Australia.

The Department must approve this request before the application can be made.

It is also important to remember that bridging visas are not issued against waiver requests.

If you need to remain in Australia and need to make a waiver request to remove condition 8503 from your visa, be sure to make arrangements to have your bridging visa for the time your request is with the Department.

We can help you with this.

A waiver request must also be accompanied with adequate support documentation. Strong arguments with little or no (or incorrect) documentary evidence will fail.

Finally, it deserves note that a large number of waiver requests fail. Some have zero chance of success. Others have some chance of success but may be poorly or incorrectly written. Inadequate evidence in support of arguments is also another factor why so many waiver requests fail.

 




0
Page 1 of 3 123