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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.

Posted by on in General
Under policy, work experience must be undertaken on a full time basis (or part time equivalent) at the required skill level.  Whether an applicant is "employed" bears little relevance.  The case officers are interested in actual work performed (work is defined as any activity which would ordinarily attract remuneration) and whether this work is at the required skill level.
 
See below the relevant extract: 
  • Experience gained as part of a Masters and/or PhD may be considered as work experience for relevant occupations, such as medical and research occupations.
  • Experience gained whilst studying, through a formal arrangement (for example, a clinical/industry placement, internship or apprenticeship) that is undertaken as part of a CRICOS registered course of study, may be considered as work experience where it is relevant to the occupation. This includes, but is not limited to:
    • for medical practitioners, experience gained through internships or the final year medical training, including periods of clinical placements; and.
    • the internship component of the Professional Year Program.
  • Experience gained whilst studying, through a formal arrangement (for example, a clinical/industry placement, internship or apprenticeship) outside of a CRICOS registered course of study, must be undertaken at the skill level of the relevant occupation to be considered as work experience.

Accordingly, a combination of "employment" and "internship" will meet the two year work requirement assuming this was performed at the right skill level which I understand is the case here.

There has been some ambiguity in relation to how many hours is full time work for the purposes of ENS.

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It has been widely reported by a number of media outlets that Australia is granting citizenships at record numbers which means the backlog of applications is hoping to be cleared by the end of 2020 (an ambitious but not an unrealistic goal).  The help of online ceremonies made the process more seamless and allowed more permanent residents to call Australia home during the pandemic.

Applicants beware!

To become an Australian Citizen, one must pass the character test.  In my previous post, I discuss the mechanics of character provisions under the Migration Act of 1958.  Here we are looking at completely different set of Rules and Regulations.  Starting with the Australian Citizenship Act 2007. The Act states that an applicant must demonstrate they are of good character, namely, that the applicant shows enduring moral qualities of a person at the time of a decision and an indication of whether the applicant is likely to uphold and obey laws of Australia, and the other commitments made through the Pledge, should they be approved for Citizenship.

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The Department of Home Affairs may refuse or cancel a visa if the visa applicant/holder does not pass the character test.  The Minister for Home Affairs, the Minister for Immigration Citizenship and Multicultural Affairs or one of their delegates, can make this decision. 

As per the AAT guidelines, a person whose visa has been refused or cancelled by a delegate under section 501 can apply to the AAT to have this decision changed.  The Administrative Appeals Tribunal (AAT) cannot review decisions made by the Minister personally, only decisions made by delegates.

Section 501 of the Migration Act 1958 lists a variety of reasons why someone may not pass the character test. Subsection(6) of section 501 has the full list of reasons, but examples include:

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National Cabinet agreed that all international passenger flight arrivals will be coordinated by the Commonwealth Government. This means, the number of arrivals at each international airport will be subject to caps agreed upon between federal and all state and territory governments. 

As part of this national coordinated approach, all international passenger flights into Victoria have been cancelled until further notice. 

In addition, all international cruise ships are banned from sailing into or out of Australian ports.

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Australia continues to maintain strict border measures in place to protect the health of the Australian community. At present very limited flights are currently available to and from Australia.

Travellers arriving in Australia, including Australian citizens, are subject to mandatory quarantine for 14 days at a designated facility, such as a hotel, in their port of arrival. Different States impose different rules regarding payment related to quarantine.

Critical Skills

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