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.




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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.

 




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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.

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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.

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ATO Data Matching Temporary Visa Holders Beware




ATO Data Matching Temporary Visa Holders Beware

The Australian Taxation Office (ATO) has recently published new protocols on data matching between Commonwealth Departments and Agencies.

ATO data matchingIntroduction of the new protocols is expected to dramatically increase fraud detection.

Possible non-compliance and fraudulent activities of up to 1 million temporary visa holders are to be scrutinized.

The period of review will cover successive financial years from 2013 and will continue to the end of 2016-17 financial year.

Details of data matching protocols for temporary visa holders available here.

Details of ATO protocols and procedures available here.




Sanctions and penalties for individuals and organisations found to be involved in activities defrauding the Commonwealth are to include visa cancellations, fines and possible jail sentences.

Information will be collected from an estimated 1 million visa holders and is likely to include:

  • Address history for visa applicants and sponsors
  • Contact history for visa applicants and sponsors
  • All visa grants
  • Visa grant status by point in time
  • Migration agents (visa application preparer who assisted or facilitated the processing of the visa)
  • Address history for migration agents
  • Contact history for migration agents
  • All international travel movements undertaken by visa holders (arrivals and departures)
  • Sponsor details (457 visa)
  • Education providers (educational institution where the student visa holder intends to undertake their study)
  • Visa subclass name.

This information will used to improve the integrity of visa program and compliance with migration and taxation laws. Efforts are expected to greatly reduce immigration fraud and assist in developing strategies to address effective operation and compliance.

If you are concerned about possible non compliance, contact us for a confidential, obligation free consultation.




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10 year ban on re-applying for Australian visas now in place

Stronger measures to crack down on identity fraud have recently come into force in Australia’s immigration system.

From 22 March 2014, penalties under the so called Public Interest Criteria (PIC) 4020 were increased from 3 years to 10 years. Applicants will not be able to make application for an Australian visa with PIC 4020 requirement for 10 years if there were found to have provided false information about their identity.

This restriction will also apply to individuals found to have committed identity fraud when applying for a visa previously when they are included as secondary applicants on a visa application.

The one-fails-all-fails principle will thus apply so it is essential that members of the same family unit making combined applications for a visa were not previously found to have committed identity fraud. If so, the entire family unit will be barred from making application.

The 10 year ban applies only to refusals made under the new identity requirements, not to refusals made under pre-March 22 regulations.

The 10 year period operates concurrently and not cumulatively, so that persons banned under former arrangements (3 years) will be facing 3 and 10 year bans concurrently.

As a further sign of the government’s intent to crack down on identity fraud in Australia’s visa and immigration system, the power of the Minister to waive the restrictions (either for compelling or compassionate reasons) have now been removed. The Minister will no longer have the power to waive the restrictions.

The purpose of the new arrangement is to strengthen the integrity of the migration program and deter identity fraud by introducing strict consequences where a visa application is refused because the applicant, or a member of their family unit, knowingly attempted to gain entry to Australia with fake identification.

WARNING: If you have made application for Australian visa with PIC 4020 requirement but that application has not been finally determined, and you believe you may be at risk of PIC 4020 10 year ban on reapplying for another visa, you will need to submit a correction of information form to the Department.

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WARNING: UNAUTHORISED IMMIGRATION WEBSITE

WARNING: UNAUTHORISED IMMIGRATION WEBSITE FOUND TO BE DEFRAUDING CLIENTS

The Department of Immigration and Border Protection (DIBP) recently warned of false and unauthorised websites attempting to defraud would be migrants of money and identities.

One website in particular, www.immigovau.co, mimics the current departmental website in appearance and layout, particularly when using certain browsers.

A departmental spokesman said it was a well-camouflaged fake which should be avoided. All Australian Government websites end with the country code gov.au.

“While there is no evidence that the department’s own web presence has been compromised, we advise web users who are looking for information on the department to make sure they visit the department’s official site at www.immi.gov.au,” the spokesman said.

“This issue is not unique to our department and is a common issue for companies and organisations which use websites to communicate information to their clients.”

Web users should ensure they have the www.immi.gov.au address in their browser when they are looking for information on the department and avoid this unauthorised website.

Consumers need also be care of other types of migration fraud, namely:

– Fraudulent phone calls from persons claiming to be a case officer from the DIBP, requesting credit card payments over the phone — NOTE: DIBP NEVER CALL TO REQUEST PAYMENTS OVER THE PHONE FROM CLIENTS. PAYMENTS TO DIBP ARE HANDLED BY A COMPLETELY DIFFERENT SECTION TO DEPARTMENTAL UNITS WHERE CASE OFFICERS WORK. 

– Promises made by unregistered (and therefore NON-REGULATED) migration agents promising Permanent Residence or making claims that they know people inside DIBP and can guarantee a positive result. NOTE: DIBP employees are carefully monitored and scrutinised for signs of corruption or bribery. Heavy sentences and lengthy jail terms are imposed on government employees found to be involved in such criminal and illegal activities. Always ask for the migration agent’s Migration Agent’s Registration Number and check it for currency against the OMARA website at www.mara.gov.au.

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Beware ‘bogus documentation’ when applying for a visa to travel to or remain in Australia (Part 2)

HOW DO DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION CASE OFFICERS ASSESS FOR BOGUS DOCUMENTS?

cancelAs Mentioned in Part 1 of this series, heavy penalties are now being introduced by DIBP for people found to have submitted — knowingly or otherwise — false or misleading documents or proven to have filled in forms with incorrect information. PIC 4020 rules now allow for restrictions on making further visa applications of up to 10 years to be applied to individuals caught out submitting false or fraudulent — and in some cases just plain wrong — information and documentation.

The following are insights into how departmental case officers assess documents and information for falseness.

Documents such as Notice of Intended Marriage (NOIM) and Statutory Declarations are used extensively in partner visa applications in particular. These are legal documents so they need to be treated carefully and with a view to ensuring that no false or misleading information is contained within. Signatures are rigorously checked by assessing officers and cross matched with databases within the DIBP and in some cases cross departmental databases in Australia and overseas.

Forms are also checked for how many different hands have written information into individual questions. Recurring signatories are flagged for further investigation and could be the trigger for an eventual refusal.

Registraiton of notaries are also checked for current status ‘at time of application’. Unregistered notaries, agents or service providers, such as Marriage Celebrants, could render the document INVALID.

Be sure to check the current state of registration of any service provider you engage for your visa application.

If unsure, as always, seek professional migration advice from a MARA registered migration agent.

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Beware of ‘bogus documentation’ when applying for a visa to travel to or remain in Australia (Part 1)

HOW DO DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION CASE OFFICERS ASSESS FOR BOGUS DOCUMENTS?

cancelBogus documentation is dealt with in s97 of the Migration Act (1954). Bogus documents are defined as being false in a material particular, which basically means documentation that is telling a lie or hiding the truth.

The Act defines a bogus document thus

‘in relation to a person, means a document that the Minister reasonably suspects is a document that:

(a) purports to have been, but was not, issued in respect of the person; or

(b) is counterfeit or has been altered by a person who does not have authority to do so; or

(c) was obtained because of a false or misleading statement, whether or not made knowingly’

The Australian government is presently stepping up efforts to crackdown on all types of migration fraud, such as fake passports and personal identification documents. Cutting edge fraud detection technology and data matching across government departments and with international agencies is further assisting the Department with this aim of reducing, if not eliminating, all forms of migration fraud.

Aside from measures to detect fraudulent visa applications, the Australian government also announced recently the increase in penalties for persons found to be submitting bogus documentation (under the PIC 4020 rule) to dis-allow an individual from applying for another substantive visa for 10 years.

It is also important to note, that ignorance is no protection under the law.

Whether you knowingly or unwittingly submitted information or documents that were false, you can still be liable for this 10 year exclusion penalty.

It is therefore CRITICAL that when you are making application for an Australian visa that all documents (including questions you answer on application forms) submitted to the Department in support of applications are true, genuine and accurate.

If you are not sure, consult a professional migration agent or lawyer.

The following are some simple insights into the way DIBP officers deal with supporting documents and evidence when reviewing your application.

NOTE: Recent MSI (Migration Series Instruction) 292 states that there is no power in migration legislation to refuse an application because the applicant ‘may not be who they say they are or may have presented a bogus document’.

1. Rules in preparing and handling official documents – Birth, Death, Marriage Divorce Certificates – There are local ideosyncrasies and peculiarities with uch official documents. When submitting your application it will help to point this out and explain the differences that may exist. This will help to remove doubts about authenticity of documents and avoid suspicion that you are giving ‘a bogus document’.

Think of other corroborating evidence such as baptismal certificates, local religious or government registries. Be aware that the Department is aware that corruption is a problem in many local official offices. There are limits upon case officers over how deeply they can delve into your past, so if you feel the Department is breaching your privacy rights, consult a legal professional.

Like with any type of visa application, and more generally in your dealings with the Department, it is important to think outside the box and to try to pre-empt the moves of the case officer before they make a decision not favorable to you. It is a good idea to consult with a good migration agent or lawyer on this point if you do not already have an appointed representative.

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