Australian Migration & Visa Lawyers
Migration Newsletter
November 2010

  In this Edition:

    New Points Test for General Skilled Migration Announced 

    Due to come into effect on 1 July, 2011 – the new Points Test is designed to complement the recent Skilled Occupation List (SOL) that was released on 1 July, 2010.

    While there have been some major changes, the new points test will continue to award points for study in Australia, including regional study, community languages, partner skills and completing an approved Professional Year. Points will no longer be awarded on the basis of an applicant’s occupation, but all applicants must still nominate an occupation on the applicable Skilled Occupation List.

    Click here to read the fact sheet released by the Department of Immigration & Citizenship (DIAC).

    If you have any questions, feel welcome to contact us to chat to one of our Registered Migration Agents.



    Latest News from DIAC on State Migration Plans & Processing Times 

    Australian Migration & Visa Lawyers attended a function today where DIAC were in attendance – the FACTS:

    • DIAC has around 3 weeks of Group 2 applications left to process.
    • Once the applications that are under Group 2 have been processed they will process applications in Group 3 again.
    • DIAC have confirmed (finally!) that they would expect ALL State Migration Plans to be released in the next 2 weeks.
    • They will then expect to process Group 2 applications that fall under the States until about May 2011.

    Keep an eye on our website for all the lastest news.


     Victoria State Migration Plan Released 

     

    After a very long and much anticipated wait, Victoria has been the first state to release its State Migration Plan. Victorian’s SMP will play a critical part in the future of the regions Skilled Migration (GSM) program.

    The SMP is designed to encourage migrants with the right skills set to live and work in the State or Territory that needs them the most. In return for sponsorship for the visa application, the relevant State or Territory want the applicant to make a commitment to live and work in that State or Territory for the first two years that they are a permanent resident. An applicant is a permanent resident as soon as their visa is granted with the rights and entitlements that provides.

    AMVL can advise if you are eligible to make an application for State or Territory sponsorship. There is a restricted number of sponsorships available for each occupation in each State or Territory. There is also an overall restriction on the total number of sponsorships on offer. Victoria has advised that they have a total of 4500 sponsorship available for this financial year.

    Visit our website for more information or contact us directly.


    ACT State Migration Plan Released

    The Australian Capital Territory (ACT) was the second to announce their State Migration Plan (SMP).

    The ACT’s list of occupations in shortage is extensive. There are general occupations from the Skilled Occupation List such as IT professionals, engineers, health professionals and trades. Considering the changes made to the General Skilled Migration program over the past 18 months it is surprising to see occupations such as sports coaches, librarians, musicians and journalists also included on the list.

    The comprehensive nature of the latest SMP to be announced reflects the fact that the ACT has the lowest unemployment rate among all Australian States and Territories at 3%.

    Visit our website for more information or contact us directly.


    Thinking of Moving to Western Australia 

    The office of Multicultural Interests in Western Australia has released a fantastic Directory of Services. The website is easy to use and offers information on different services (both government and non-government agencies) ranging from education to housing, employment and sport and recreation in Western Australia. Click here to check it out.

    For other information about living in Australia, we also suggest you check out the booklet recently published on the Department of Immigration & Citizenship (DIAC) website called “Beginning a Life in Australia”. This booklet has some great tips about public transport, healthcare, the law and social services. Click here to read a copy.


    Another A Helpful Introduction to Partner Visas 

    There are two types of ‘spouse’ visas to consider when migrating to Australia. They are the Partner Visas, which includes both married partner and those in a de facto relationship (including same sex partners), or Prospective Marriage (Fiancé) Visa.

    Most partner applications work in two stages and unless you have been in a de facto relationship or married for 3 years, or for 2 years and you have children together, the initial visa granted is a "temporary" or "provisional" visa only.

    The initial Partner Visa will be valid until such time as a decision is reached on the permanent visa (this must be at least 2 years from the date of your initial application). At this time applicants go through second stage processing which is when the permanent visa is granted.

    Fiancé Visas go through a three step process – the first part is lodged offshore and once granted the applicant must make an entry to Australia and will have a set period of time (usually 9 months) to marry their sponsor. On the Fiancé visa, the applicant will be entitled to work in Australia and will have multiple travel rights, but will not be entitled to Medicare until the Partner visa has been lodged. Once they are married and before the Fiancé Visa expires, the Partner Visa must be lodged.

    At Australian Migration & Visa Lawyers we have a team dedicated to Partner Visas. Feel welcome to visit our website or contact us for more information or to discuss your options.


    Lucky's Angels - A Great Migration Story from an AMVL Client 

    “I would like to take this time to officially take my hat off and salute AMVL for a wonderful achievement that my family and I have received by being granted Permanent Residency. This event is something that we will never forget as it is a milestone reached in our stay in this beautiful country of Australia. Friends indicated to me that it will take a while before the status is granted which didn’t give me much confidence however an email from Amanda Skeen gave me hope that it would take around 14 weeks for a response. Then came the two beautiful crafted hands and minds of both Sian and Heidi who took it from there and kept me on my toes. It was emails, phone calls etc... requesting this that and so forth in meeting the requirements. An unexpected call from Sian in September breaking the good news was so beautiful that it took me couple of days to absorb it. Hey girls my family is so happy for the wonderful work. In the end it is all about teamwork that produced the result. Thank you girls and continue shining as you are my angels and not Charlies."
    Lucky and Family. Subclass 887 visa approved 2nd of September 2010

    The above is a testimonial that we received from a client who had been assisted by Heidi and Sian in the preparation, lodgement and subsequent visa approval of a Subclass 887. Suffice to say Lucky was extremely excited about the news that he had been granted permanent residence and both Heidi and Sian were over the moon with the reaction to this news. It is always such joy to hear the genuine appreciation in our client’s words of thanks and it is testimonials like those above that make the staff of Australian Migration and Visa Lawyers conscious of the important work that they do each day.

    Six weeks after Lucky’s visa was approved he surprised both Sian and Heidi by turning up at the Brisbane office and whisking them off to lunch as a show of his appreciation for the service that he had received. Whilst the lunch was very much appreciated the real reward for us was the feeling that we had assisted a family to achieve a dream! Lucky and his family are happily living in Cairns in far North Queensland and both Heidi and Sian are looking forward to the next time that Lucky is in town for business and are hopeful of another unannounced visit.

    We at AMVL are thrilled about the addition of Lucky and his family to “the Lucky Country” and we wish them a wonderful life!


    Don't Be Tempted! 

    Immigration has been cracking down on Working Holiday Makers lately, as they identify people attempting to scam the system.

    In order to obtain their second working holiday visa, many people are relying on false claims that they have worked for three months picking fruit in rural areas. The claims are widespread, as misinformation spread through the Working Holiday Maker community, suggesting that it was easy and commonplace.

    Those chickens are coming home to roost now, with hundred of claims of seasonal work being examined by Immigration and found to be fraudulent.

    The result is many WHV holders being told their visas are being cancelled. The effects are serious. If your visa is cancelled you become unlawful in Australia, and liable to detention. You will need to seek a bridging visa while you make arrangements to apply for review, apply for an extremely limited list of alternative visas, or leave Australia. Re-entry bans may exclude you from Australia for 3 years in some circumstances.

    False claims on a visa application can have very serious consequences. Don’t be tempted.


    Festive Season Office Hours 

     

    Our offices will be closed from 12:00pm Friday 24th December, 2010 to 8:30am Tuesday 4th January, 2011.  

    If you have an urgent query during this time, please email amanda@australianmigrations.com and include your full name and the name of the agent handling your file (if applicable) with your query.

    We wish you all the best for the festive season.