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Genuine Position TSS 482, ENS 186, RSMS 187

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

sponsor connect

Training Plans for 407 Training Visa

The Training Plan is the single most important document in Training Visa application process. Lodged with Nomination applicaiton, the Training Plan MUST BE CUSTOMISED to the trainee and in response to clearly defined and articulated training competencies. The Training Plan must also be customised to the training context of the sponsor and the type and[…]

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[…]

TOEFL TEACHERS NEEDED

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[…]

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[…]

Visa cancellation

Visa Cancellation Australia

Visa Cancellation Australia – Things to know Visa 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[…]

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[…]

No further stay condition

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[…]

Visa cancellation

Visa Cancellation on the Rise

Visa Cancellation is a growing trend Australian government reporting in the Senate in late 2015 has shown a dramatic increase in visa cancellation. The introduction of data matching systems across government departments, including state and federal jurisdictions, has allowed compliance monitors to identify breaches of conditions by visa holders. Student visas in particular have seen[…]

Visa Refusal and Rules of Evidence – The fine line between visa grant and refusal

Visa Refusal and Rules of Evidence – The fine line between visa grant and refusal A recent client case has come across my desk and has reminded me of how a genuine visa applicant can be refused by the Department of Immigration and Border Protection because of a simple lack of evidence to support their[…]

Visa application fee refunds – Not what they seem

In all my years of dealing with the Department of Immigration and Border Protection there is one thing I have learned. THEY DON’T LIKE GIVING MONEY BACK! Visa application fee refunds are available to visa applicants on a limited set of circumstances. The Department assessing requests for visa application fee refunds against relevant provisions in the[…]

Fraud detection

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. Introduction 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[…]

Delays to 457 visa processing

Delays in 457 visa processing

Delays in 457 visa processing are being experienced, according to industry analysts. Delays in 457 visa processing are a result of combined factors of changes to 457 visa program and internal reorganisation. The Department is restructuring in readiness for the abolition of the 457 visa to be replaced by the short term and medium term[…]

Skilled visa applicants beware IELTS requirement

IELTS Skilled Visa A number of review cases through the MIGRATION REVIEW TRIBUNAL (MRT) for skilled visa applicants, whose visa applications had been refused by DIBP, indicated that many applicants do not pay sufficient attention to the IELTS requirement in their applications. [callout1]Now that English language testing has been expanded to cover 5 testing systems,[…]

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[…]

Where can I check for current Skills in Demand across all Australian states and territories?

The Commonwealth Government has recently implemented its Labour Market Information Portal (LMIP). As a work in progress, the information portal is still being consolidated with latest Australian Bureau of Statistics (ABS) data and should be fully operational by late March 2014. The primary objective of the LMIP is to improve reporting on skills shortage by industry[…]

What will happen to my (Skilled) visa application when the annual cap is reached?

Skilled visas are allocated each financial year by a system of quotas. This is to allow the government to manage visa places annually in accordance with economic and social priorities. Quotas for the 2012/2013 financial year were recently published by the Australian Department of Immigration and Border Protection. The system of allocating visas to visa[…]

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[…]

Beware ‘bogus documentation’ when applying for a visa to travel to or remain in Australia (Part 3)

HOW DO DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION CASE OFFICERS ASSESS FOR BOGUS DOCUMENTS? All forms of correspondence such as email,text messaging, blogging, letters, postcards and the like are used extensively by departmental case officers to corroborate stories, accounts, claims made in applications, etc. It is important when compiling such material as documentary evidence, such[…]

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