Australian Immigration Daily News

Suppose the sponsor for a partner visa is suffering from a litany of health issues.

Does that necessarily mean that the applicant will be able to get a waiver of Schedule 3 criteria to enable her/him to remain in Australia while a partner visa application is being processed?

A recent decision by Judge Baird of the Federal Circuit Court in the case of Mensah v Minister for Home Affairs & Anor (2018) FCCA 1204 (10 May 2018) indicated that “it ain’t necessarily so”!

Do you remember the curious and unusual case of Guder v Minister for Immigration and Border Protection (2017) FCCA 626?

That was a case that highlighted an unusual aspect of the regulations relating to the now-repealed 457 visa program: namely, that the legislative instrument relevant to the English language proficiency requirement for the grant of 457 visas, IMMI 15/028, was written in terms that provided that an applicant had 3 years from the date of the lodgment of the application to satisfy the requirement.

The legislative instrument struck me as being somewhat “counter-intuitive”, in that one would have thought that having a satisfactory level of proficiency in English would be a “time of application” requirement.

About ImmiSys

ImmiSys is a cloud based, purpose built client management system, integrating immigration and education.

It is highly automated and extremely easy to use. ImmiSys is the only truly cloud based workflow and client management system purposely designed for the Australian immigration and education industry. ImmiSys are confident that their system will transform your business so you need only focus on your migration clients. Everything else will be taken care of by the system. Greater efficiency will be achieved and customer satisfaction will be improved. You can now say good bye to all those cumbersome spreadsheets. ImmiSys also seamlessly integrates your email system and billing system. With ImmiSys, you have a 360 degree view of your overall business at any point of time.  Check out the people who sit behind ImmiSys: http://immisys.com.au/our-team/ 

On 8 May 2018, the legislation that will introduce changes to the "training contributions" that employers who sponsor visas for skilled workers - the "Migration Amendment (Skilling Australians Fund) Charges Bill 2017 - finally passed both houses of Parliament. 

The legislation will come into force on a day that it receives "royal assent" - presumably very soon!

The text of the legislation can be read by clicking here.