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Ruslan-Ahmadzai

Ruslan-Ahmadzai

Solicitor specialising in corporate immigration.Registered Migration AgentSpecialities: Migration Law, Employer Compliance in Immigration, Business Stream Visas, Family and Partner Visas, CPD Training. Contact me on ross@visacorp.com.au or call +61 2 9283 6500.

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We are mere 5 days away from 1 July and the changes to immigration requirements are becoming clearer.  Here is a summary update in relation to some of the changes announced recently:

 

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Bill concerning changes to the Australian Citizenship Act has been released.   Below is a summary of the proposed changes which are currently debated at second reading in parliament.

Section 2A

Provides examples of where it is appropriate for the minister to revoke citizenship

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Historically speaking, changes to Australian immigration requirements often results in increased number of refusals of applications.  There are reasons for increased refusals.  These reasons include stricter enforcement of regulations, increased scrutiny by case officers or unfair and harsh interpretation of the policy.

Where your application is refused, it is important to consider the next step in your immigration strategy.  It is also important to remember that time is something which is critical and each subsequent step needs will have consequences for your chances to remain in Australia. For example, it may be appropriate to re-submit the application and address areas of concerns raised at the original application.  However, there are instances where it is appropriate to appeal a decision.

Administrative Appeals Tribunal (AAT) – what you need to know: 

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July 1 is important date in Australian immigration.  This is due to the fact that a number of legislative requirements (new or previously announced) come into effect.  As we are just weeks away from this significant date, below is a number of useful hints and tips to assist you to be as ready and prepared to lodge as visa application as you can be.

  1. Do you know your visa expiry date?

July 1 generally creates traffic in all aspects when it comes to applying for an Australian visa.  For example, it may be more difficult to secure an appointment to complete health checks or undertake the English language exam.  Historically the number of applications lodged with the Department of Immigration and Border Protection is at its highest in June and December.  Accordingly, it is important to be prepared and not leave anything till the last day to avoid being stuck in an unfavourable situation.  Check the expiry of your visa and aim to submit your application (or instruct your agent to do so) well before expiry of your current visa.  Keep in mind that frequent system outages are to be expected.

  1. Time of application Criteria

Many Australian visas have “time of application” criteria which may include age, English or skills requirement.  It is important to be fully across time of application requirements applicable to the visa subclass you are making an application for.  If the time of application criteria is not met, your application may be refused which in turn can create restrictions on the types of subsequent visas you may be able to apply for whilst in Australia.

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On Friday, the Government released new Legislative Instrument revising the age requirement for Points Tested Subclass 189 visa.  The same instrument also clarifies GSM Pathway for NZ Citizens on the basis of residing in Australia for a period of five years.  The paradoxical nature of this announcement is unfortunate. On one hand, this is unwelcome news for applicants who are 45 or over as they will no longer be able to meet the associated age requirement.  On the other, NZ citizens may apply for GSM with lesser restrictions.

Applicants who are 45 and over

The Instrument confirms that applicants for a 189 visa assessed from 1 July 2017 must be under 45 years of age at the time of receiving an invitation to apply.  No doubt, this is placing further restrictions on permanent visa options (or lack of) which are currently available to skilled migrants wanting to migrate to Australia.  Subclass 189 applicants who have lodged an Expression of Interest and are/will be 45 or over at the time of Invitation, will no longer be able to meet the age requirement for this visa.  Applicants who are impacted may be eligible for another visa including State Nominated permanent residence or permanent residence via the Employer Nomination Scheme.

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