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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.
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.
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.
Each year, the Department of Immigration and Border Protection updates their fees and charges. These fees and charges are published on the Department’s website. Whilst this may sound obvious, it is important to budget for visa applications fees especially visas which higher lodgement fees such as partner or parent. Incorrect fee will result in an invalid application being made.
July 1 changes often result in new or additional requirements for certain visa subclasses. It is important to stay across these requirements whilst preparing your visa application. For example, certain visa subclasses that require evidence of English will require even higher test scores from 1 July. Accordingly, an English test result which may meet the requirements at present, may be considered insufficient from 1 July. There may be certain concessions or exemptions that are removed. Many applicants unfortunately get caught out by these changes usually due to the fact that they had relied on outdated information or were not aware of the incoming changes.
In the everchanging landscape of Australian immigration, it is paramount to seek professional advice and assistance from a Registered Agent or an Immigration Lawyer. Whilst there is a perception that lodging a visa application is largely “form filling”, you are also paying your agent for advice, strategy, quality assurance and a peace of mind. Form filling probably makes less than 10% of the entire process.
Lodging an application for a visa to Australia can seem as somewhat of a scary experience. However, preparation is key and being fully across the visa requirements is vital.
Even the Department is not clear on the implication on the interpretation of the new legislation.
For example, the statutory requirements for sc 457 for a company operating in Australia as that of a company operating outside Australia is unclear on caveats, LMT and annual fees for Training.
It has become one heck of a night mare reading through the legislation and interpreting with its applicability to the two different types of sponsors.
Robert K Chelliah