Immigration News

Compiled by C K Prasad, LL.B.(Hons)(London), Barrister &
Solicitor, Registered Migration Agent 9474820
02 6296 2966 or 0406 377 518
ck@gatewaylegal.com.au
http://www.gatewaylegal.com.au

Vulnerable children and the Subclass 802 (Child) visa
From 26 April 2008, the Migration Regulations 1994 are amended to provide that certain on-citizen non-permanent resident children in the care of a State or Territory government welfare authority are eligible for the grant of a permanent residence visa.
These children are required to be supported by a State or Territory government welfare authority. This amendment applies only in relation to the permanent residence visa, Subclass 802 (Child) visa.
Work rights on all initial student visa grants
From 26 April 2008, the Migration Regulations 1994 are amended to:
• include work rights on all initial student visa grants thus removing the need for student visa holders to make a separate application for permission to work
• prevent students and their family members from undertaking work until the student has commenced their course of study or training by amending student visa work conditions
• define the term 'week' as it applies to student visa work conditions
Changes to the Migration Occupations in Demand List (MODL) – 17 May 2008
08Twelve occupations have been added to the MODL, including five Computing Professional specialisations, Electronics Engineer, Optometrist and Dental Technician, as well as the trade occupations of Binder and Finisher, Landscape Gardener and Tree Surgeon.
Computing Professional – specialising in Sybase SQL Server has been removed from the MODL.
See DIAC link: Is your occupation in demand?
Changes to the Skilled Occupations List (SOL) – 26 April 2008
Seven trade supervisor occupations have been included in the offshore skills assessment regime being conducted by Vocational Education and Training Assessment Services (VETASSESS).
The occupation of Seafarer – Ship's Surveyor (ASCO 2542–17) has been removed from the Skilled Occupations List (SOL).
See DIAC link: Australian Skills Recognition Information
Capital Investment Scheme for pre-1 September GSM visa applications
Prior to 1 September 2007 GSM visa applicants could earn 5 bonus points if they deposited at least $100,000 in a designated security for a term of not less than 12 months. The NSW, Queensland and NT Treasury Corporations and the SA Government Financing Authority had been State and Territory authorities participating in these arrangements (the Western Australia Government withdrew from 1 July 2007).
Each of the participating States and Territories have notified the department of their withdrawal of support for the use of treasury bonds for this purpose. This means that no State or Territory will issue a security in which an investment is a ‘designated security’.
There is no compulsion on States or Territories to participate in the scheme. Whether the State or Territory government authorities actually issue a security is ultimately a matter for them to determine.
The new visa arrangements for the GSM Program introduced from 1 September 2007 did not include the provisions for the lodgement of designated securities. The closure of the arrangements will only affect visa applications lodged before 1 September 2007.
Changes introduced on 1 September 2007
Changes to the General Skilled Migration program were introduced on 1 September 2007. People who made an application for a skilled visa on or before 31 August 2007 will not be affected by the changes.
See DIAC link: Changes to the General Skilled Migration Program
Changes to the work requirement for SIR visas
Recent changes allow SIR (Skilled Independent Regional (Provisional) subclass 495) visa holders to fulfil the 12 months (35 hours a week) full-time requirement by working up to 2 concurrent part-time jobs, provided that the work is in regional Australia or a low population growth metropolitan area.
Automatic cancellation of student visas
The Department of Immigration and Citizenship has reversed the automatic cancellation of student visas under s.137J of the Migration Act 1958 that occurred between 17 August 2005 and 3 February 2007 inclusive. These cancellations occurred because the students were reported by their education providers for breaching Visa Condition 8202 (failing to achieve attendance or academic requirements regarding their studies). The cancellations have been reversed because the department has determined that the approved proforma notice that was sent to students, which resulted in the automatic cancellation of their student visas, was invalid. The effect of this is that the department considers that these student visas were not cancelled by operation of law.
The department has written to all students affected by the reversal of the automatic cancellation of their visas at their last known address available to the department. In the letter, students have been urgently requested to contact the department as soon as possible to enable the alleged breach of the student visa condition and any related issues to be determined.
Advice for students who think they might be affected
Any students affected by automatic cancellation under s.137J of the Migration Act 1958 that occurred between 17 August 2005 and 3 February 2007 inclusive should make contact with the department.
See DIAC Link: Contact Us. Each client whose visa cancellation was reversed has a Client of Interest note in the department's computer systems to allow staff to identify them.