(Copyright
2008)
Edition
Number 115
Monday 21st
January 2008
Hiya
All
Happy
new year to you and I hope that 2008 brings you good health and success in your
quests. (also that it is a purple Freo
Dockers year, but then I have been hoping for that for our entire 13 year
existence !!).
This
newsletter is free and will keep you regularly updated with news on
Has been a
fairly quiet month in immigration news due I guess to the Christmas and New Years
holidays so let’s see what I can come up …
Contents:
1 Citizenship Test to be Reviewed
2)
Suspension of Parent Visa places
3)
The $100,000 investment in the points test
4) Your permanent visa and period you need to
live in
5) English Language requirement for 457 visa holders
changing sponsors
6) The New Immigration Minister
NEW: Link of the
Month
1 Citizenship Test to be Reviewed
Citizenship test
arrangements currently in place would be reviewed as part of the usual process
an incoming government undertakes upon taking office, Senator Chris Evans,
Minister for Immigration and Citizenship, said today.
'The Government
supports the citizenship test, however a review of portfolio programs and
undertakings – including the content of the test and the support services provided
with it – is the normal process of any new government,' the minister said. 'If
there are ways to improve service delivery or client interaction, we will
consider them.'
The minister's
comments follow the release of statistics which show 10 725 citizenship tests
have been completed from October 1 (when the new procedure was introduced) to
December 31. 'That figure represents the number of tests – and not the number
of applicants sitting the tests,' Senator Evans said. 'In fact 8402 people have
sat the test, some more than once if their first attempt was not successful. Of
that total, about 90 per cent passed on their first or subsequent attempt.
'The important
message for me from these figures is that people are continuing to apply to
take out Australian citizenship, a substantial proportion of them are passing,
and that if there is room for improvement, it may well be around the support
resources and materials we provide to applicants.
'If people are
not succeeding, we need to find out why, and how we
can help to support them better. It's all about making the process work better
for all concerned. 'I am awaiting advice from my department on the next batch
of draft questions to be added to the bank of questions randomly posed when
applicants complete the 20–question test.
'Australian
citizenship is a very important step which thousands of migrants take every
year, and my message to them is to encourage them to become Australian
citizens.
'Part of that
process requires that they learn about
Citizenship
testing is undertaken at departmental offices, as well as at selected Centrelink and Medicare
(Source: DIAC
Minister)
2)
Suspension of Parent Visa places
The following information
relates to the allocation of visa numbers for the Parent visa category ..
“..I have checked the
situation with DIAC's National Office and been
advised that processing in POPC is continuing but that the 2007-08 program
allocation for the Contributory Parent category has been met. A
Submission has been made to the Minister for Immigration and Citizenship on the
matter but the grant of further Contributory Parent visas will be dependent
upon the Minister's decision..”
(Source: MIA)
3)
The $100,000 investment in the points test
This issue is still in limbo as we speak. We received the following advise from DIAC recently ..
The Department is
investigating available options. Unfortunately, we are unable to provide you
with any further information at this point in time until we have received a
response from the Minister. You will be advised once we have some further
information to provide.”
We believe that a number of alternatives have been put to the immigration minister, Mr Chris Evans, and it may still take several weeks to come up with a step forward in this.
(Source: DIAC)
4) Your permanent visa and period you need to
live in
We often are requested to explain what the permanent visa a person is granted really means, and how or when it needs to be renewed. So here goes ..
A migrant visa and a permanent visa are generally the same
thing. A migrant visa is granted whilst a person is overseas and they then need
to “migrate” to
A permanent visa on the other hand is normally granted
whilst a person is actually in
So we will call both types permanent visas to make it simpler. Examples of permanent visas are subclass 100,121,127,131,132,136,138,139,175,176,801,880,881,885,886 etc There are many others but we won’t go through them all.
There is also a travel component attached to all these
visas, normally for 5 years from the date of visa grant. This is because
Let’s say that a person is granted a permanent visa on 21st
January 2008, and it allows multiple travel up until
21st January 2013. This person could depart
Upon a return to
The issue becomes then what about if they want to travel overseas and return to Australia, and the date of return is AFTER 21 January 2013 (ie when their travel visa finishes) ?
They then need to think will they qualify for another 5 year travel facility (called a Resident Return Visa or RRV). The criteria for this at present is that they need to meet one of the following requirements on the DAY they apply for a new RRV:
1) In the 5 years prior they need to have lived in Australia for an accumulated period of at least 2 years as a permanent resident; OR
2) They have strong
ties to
If they meet one of these they will be granted a further 5 year RRV. Of course the first option is less subjective and
is always a safer option. If they do not meet either, it does not mean they
have lost their permanent residence (if you are in Australia), but rather DIAC
are not going to give you a 5 year RRV until you meet one of these two options.
In that case you may still qualify for a 3 month RRV to undertake your purpose
of travel overseas. And on return to
So in figures a person :
21/01/2008 Granted a permanent visa (with travel permission until 21/01/2013)
28/01/2008 Departs
21/01/2013 Returns to
10/06/2013 Wants to depart
They have done nothing wrong here as they returned within
the travel period of their permanent visa so they are still a permanent
resident. However when they apply for travel on 10th June 2013, DIAC
will likely say you have not lived in
A person would then have to show substantial reasons for travel in order to get a 3 month RRV instead. And then only be able to use this kind of facility until a date in the future they do meet the requirements for a 5 year RRV.
Of course if a person at anytime did go overseas and not return within the travel period of their RRV or first permanent visa, and was not able to meet any of the requirements mentioned here, then .. they have lost their permanent residence.
Hope this all makes sense !!
(Source: Iscah)
5) English Language requirement for 457 visa holders
changing sponsors
As many would know, any tradesperson or lower skilled worker who applies for a 457 visa AFTER 1st July 2007 either needs to meet a waiver requirement, or , in many cases, undertake an IELTS test.
Just a note to say that if you are affected by this, but you already hold a 457 visa granted before 1st July 2007, and you wish to change to a new sponsoring company and so lodge an application after 10th September 2007, and you only want the “same” period on your visa as your initial visa… then you can avoid the IELTS test by asking for this “same” period on your second visa.
If you are affected and want this explained more, please drop us a line to migration@iscah.com
(Source: DIAC)
6) The New Immigration Minister
After the Labor party won the election a couple of months ago a new Immigration Minister was appointed, Mr Chris Evans.
Early indications are refreshing. He has moved to clean up some of the more messy court cases left from the previous minister, made a commitment to improving the manner that DIAC deal with their clients, and even suggested (okay maybe just rumoured from a local radio station) that he was of the view that there should be a pathway for a permanent visa for all long term people in Australia. This may open up an avenue for the 410 retiree visas.
He has a lot on his plate at the moment, including the $100,000 investment mess, but early signs are good.
Oh yes, nearly forgot according to his website he passionately supports the Fremantle Dockers as well. That had nothing to do with my opinion …. Honest !
(Source: Iscah)
Link of the Month :
https://jobsearch.gov.au/joboutlook/default.aspx?PageId=AlphaSearch
A great link (as you would
expect being our first ever !) on the job outlook for
100s of occupations in
Okay folks that is all for another month. Be good and see you all on Monday 18th February.
Cheers
Steven O’Neil
Iscah Migration