“Your truest friends are the ones who will stand by you in your darkest moments--because they're willing to brave the shadows with you--and in your greatest moments--because they're not afraid to let you shine.”
― Nicole Yatsonsky

I write this article in defence of my good and loyal friend Kurt Kraues, who recently graduated with a Masters in Immigration Law (see picture).

By now all of you would have seen the article from the Hon Senator Cash's office dated Friday the 14th November 2014.  If you haven't, then here it is:

Migration Agent cancelled over fees from PNG miners

Streamlined visa processing arrangements will be extended to eligible advanced diploma level students with 55 new SVP providers commencing from 23 November 2014. These institutions are considered ‘low- risk providers’ and the list has been specified in the the latest instrument Migration Regulations 1994 - Specification of Eligible Education Providers and Educational Business Partners - IMMI 14/075 found here: http://www.comlaw.gov.au/Details/F2014L01511

Minister Morrison announced the intention to allow SVP to these new providers earlier this year saying that it, “will enable eligible education providers in the Vocational Education and Training (VET) sector and higher education sector to directly access SVP. This will make study in Australia even more attractive to overseas students, while at the same time ensuring that immigration risk is appropriately managed.

Education Minister Chris Pyne added that these changes will substantially benefit Australia's high-quality VET and higher education sectors, supporting the sustainable growth of Australia's international education industry while providing a vital boost to the economy.

'The number of international students seeking to study in Australia continues to rebound positively, with an increase of over 27 per cent in the number of visas granted to offshore applicants in the 2013-14 programme year,' Minister Pyne said.

'Extending SVP arrangements will help capitalise on these trends, reducing red tape and helping to attract further students from overseas.'

The Western Australian state government has made further amendments to its decision to charge a $4,000 public school fee for families on 457 visas, after community backlash resulted in multiple delays. Under the new provisions to the school fees, families on 457 visas who are earning $75,000 or less per year will not have to pay the $4,000 per annum fee for their children who are enrolled in a public school, according a report in the ABC.

The report states that the exemptions were revealed as the State Government announced its long-awaited hardship provisions for the more than 3,300 families affected by the new charges from next year. Under the hardship arrangements, families earning less than $75,000 a year will not have to pay.

More than 2,600 families are expected to pay the new fee, delivering about $10 million into the Government's coffers.Education Minister Peter Collier said, "There are around 3,305 families at this stage that will be captured by the school fees. Of that, around 750 will be exempt."

Families can also seek relief from the fees due to exceptional circumstances, such as illness or unemployment. They will be required to approach the Department of Training and Workforce Development to seek an exemption.

According to a parliamentary guide, states and territories may charge fees for the children of workers on subclass 457 visas to attend public schools. New South Wales (NSW) charges $4,500 for kindergarten, $4,500 for junior high schooling and $5,500 for senior high schooling of subclass 457 visa holders. The Australian Capital Territory charges $9,320, $12,500 and $13,900 respectively, although subclass 457 visa holders can apply for an education fee waiver if they are involved in a job that appears on the Skilled Occupation Lists. In 2013, Western Australia announced a $4,000 per year public school tuition fee for children of subclass 457 visa holders but reports suggest this has been revised down to $2,000 for each additional child from the same family, with implementation postponed until 2015. Subclass 457 visa holders in other states and the Northern Territory are exempt from international student fees, but may contribute minor administrative fees as do domestic students.

Working as a Registered Migration Agent can mean assisting clients in making one of the most important decisions of their lives: helping them migrate to Australia.

Do I really need Professional Indemnity Cover?

Taking out Professional Indemnity cover is not only the most sensible professional decision you can make, it’s also a legal requirement. Migration agents are required under the Migration Act to hold a Professional Indemnity policy which features at least $250,000 in coverage. Why? Because it protects you against claims from clients who allege you or your business did something wrong or failed to do what it said it would. You might have made a genuine mistake or you might have done nothing at all, but either way you could be facing a big bill. You will have to hire lawyers and your business might be forced to pay your client compensation and its legal fees if you lose or settle the case.

A lawsuit is incredibly stressful and very time consuming to deal with. The future of a small Migration Agency accused of negligence can hang in the balance. If its reputation is badly damaged by a lawsuit then clients may not want to do business with it again. That’s where Professional Indemnity Insurance can be a real lifesaver for a small business. If your business is sued then your insurer would step in and effectively act like your company’s in-house legal team to help you deal with the situation.

What is 'complete' and what is an 'incomplete' application for the 457 in the eyes of the case officer?

Even though RMAs can think that they are submitting a 'complete' application, any DIBP case officer can ask questions about the 'genuineness' of any part (nomination, 457 visa) of an application. This is despite the application/s being lodged in complete form, online. 

Migration Agents (registered ones) report repeatedly receiving requests for further information, which  have already been attached to the online application.  Case officers often don't look at or read the information which has been submitted by an agent.  If a case officer neglects or forgets to look at what has been lodged, and then requests further information that is already available to them, does this trigger a 'incomplete application' in the DIBP system and go towards the 60% of 'incomplete' applications?

Has the DIBP considered auditing the accuracy and performance levels of its own staff first, by creating statistics on the rate at which DIBP officers make 'requests for information already on file'?

The checklists for 457 visa applications on the DIBP website are incomplete if one considers what a complete application 'might be' in practical reality.