Author Archives: Jag Khairra

30 Jan 2020

7 triggers for further investigation into your visa application

Categories Australia, GSM, Investigation, State Nomination, Visa

When you apply for a visa, you obviously want things to go smooth with minimum delays. You hope that your application isn’t picked for some random investigation or further scrutiny checks.

The department has ways to identify certain visa applications that trigger further investigations. What are those triggers? Let’s find out!

According to the Policy Advice Manual (PAM) used by the department, the following seven scenarios illustrate where further investigation of an applicant’s claims may be warranted. The scenarios below are examples only, and are not intended to limit the extent of investigation that should be undertaken if the delegate suspects that the visa applicant has given the department false or misleading information and/or a bogus document/s in relation to the application under consideration:

  • The applicant has previously withdrawn an application after being asked to provide comment on the suspected genuineness of a document given to the Department.
  • The applicant continues to request extensions of time in response to requests for further information by the Department without providing an acceptable reason.
  • The applicant has been assisted in their application by a person who is known to the Department as having previously been associated with known or suspected fraudulent activity.
  • The applicant has an immigration history that suggests they have provided false or misleading information and/or bogus documents in relation to previous visa applications.
  • Allegation/s have been received concerning the applicant’s identity or claims in relation to the criteria for a visa.
  • The applicant’s movements in and out of Australia while holding a temporary work visa suggest that further investigation is warranted regarding their genuine intention to undertake the employment relevant to their visa.
  • The applicant’s claims are inconsistent with claims made previously by themselves and/or their sponsor in relation to their immigration history.
 
A recent case (true story)

We came across a visa applicant, who applied for state nominated (subclass 190) after a successful nomination by Victoria. Apparently, he was assisted by a Registered Migration Agent on behalf of a very popular migration agency. Since the nominated occupation was an ICT occupation, Victoria required minimum 3 years of work experience. The applicant only had 2 years work experience related to the nominated occupation. According to the applicant, the agent assured applicant that the agent can get the nomination from Victoria granted as his agency had “special contacts” and had helped other clients previously. The applicant believed the Agent as he had also heard that many people had gotten their PRs through the agency.

What the applicant didn’t know was that the Agent had used a fake employment letter of a fake IT company in Australia to fill the gap, so that the 3 year work experience requirement can be met. Apparently, the state authority didn’t verify the work experience and the nomination was successful and an invitation to apply for the subclass 190 was received.  The applicant was obviously very happy and referred more friends to the agency.
The applicant applied for subclass 190 through the same agent and hoped for the visa to be granted sooner. The agent obviously didn’t provide the fake work experience information in the visa application to avoid any such verification.

Unbeknown to the applicant and the agent, the department had started collected information from state authorities. A request for further information was sent to the agent where the department specifically asked for supporting documents to prove the 12 months work experience from the IT company in Australia. The IT company does not exist and the applicant or the agent has no supporting documents.
The hopes and dreams of an applicant shattered! All because of wrong advice and unethical practice of an agent.

Now the applicant was looking at a possible refusal and decided to withdraw the PR visa application. The applicant planned to apply for a student visa to maintain further stay in Australia.

Important thing to remember, however, is that the department may have evidence that the employment given to state government was bogus. And if someone is withdrawing a PR visa application after further information is requested by the department, then this could trigger further investigations in future visa applications lodged by the visa applicant.

How to stay alert and avoid falling prey to such agents? Click here to read about tips to ensure that you have a good agent on your side!

 
Interested to know more?

Click here to book a FREE 15 minute phone call with one of our friendly consultants. You may also fill out the Online Assessment Form for a free assessment to know your eligibility for a visa to Australia.

 

Disclaimer

The above article constitutes only generic information on migration issues, and does not constitute specific migration advice to any entity or individual.

07 Jan 2020

[UPDATE] – Claiming Points for Work Experience

Categories Australia, GSM, State Nomination, Visa

DHA has recently made changes to the way work experience points will be claimed for some occupations. Work experience points are claimed for various GSM visas, like subclass 189, 190, 491 visas.

Work experience points for certain occupations (ICT occupations assessed by ACS or professional occupations assessed by VETASSESS) used to be based on the assessment of work experience by skills assessing authorities. These authorities would confirm a “deeming date” for the work experience, which was used to calculate work experience assessed for meeting assessment requirements. Any work experience after the “deeming date” would be used as the skilled work, therefore, eligible for points.

After this change, it will be possible to claim work experience points after obtaining the qualification or initial work experience (as determined by the ANZSCO).

DHA have now CHANGED this policy and instead will allow any work experience that takes place after obtaining the qualifications/work experience (as determined by ANZSCO) to count for points.

As per this policy, when assessing skilled employment period, following will be taken into account:

  • Opinion of the skills assessing authority (deeming date); and
  • ANZSCO requirement relating to qualifications and work experience requirement for the occupation
  • Any other information, such as, employment records and references

The most beneficial outcome will be applicable when awarding points for work experience. If the skills assessing authority’s opinion awards less points, then the department would consider ANZSCO information and apply the outcome awarding more points.

 
EXAMPLE 1

If an applicant has completed a degree in Advertising or Marketing, and has 12 months of Australian work experience after completing the degree, then VETASSESS would assess both the degree and work experience for skills assessment purpose and would deem the person skilled on or after 12 months of work experience. The application could not claim points for these 12 months of work experience even though ANZSCO only mentions Bachelor degree or higher qualification as the requirement.

Under new policy, the applicant could claim 5 points for 12 months of work experience in Australia.

 
EXAMPLE 2

An overseas IT graduate completes Bachelor of IT, has 4 years of work experience as a Business Analyst. Currently, ACS would use the first 2 years for skills assessment. Remaining 2 years will be useless because the applicant needs minimum 3 years to claim 5 points for overseas work experience. ANZSCO, on the other hand is silent on the work experience requirement and only requires a bachelor degree or higher qualification.

Under new policy, the applicant could claim 5 points for 3 years of overseas work experience

These changes should be welcomed with open arms as they will allow many applicants to claim extra points for work experience towards their GSM visas.

Please refer below the screenshot of the policy from LegendCom (professional library for immigration regulations).

 
Interested to know more?

Click here to book a FREE 15 minute phone call with one of our friendly consultants. You may also fill out the Online Assessment Form for a free assessment to know your eligibility for a visa to Australia.

 

Disclaimer

The above article constitutes only generic information on migration issues, and does not constitute specific migration advice to any entity or individual.

02 Jan 2020

Canberra (ACT) opens Nominations for 491 and 190 visas

Categories Australia, GSM, State Nomination, Visa

The Australian Capital Territory (ACT) now offers Territory nomination for following visas:

  • Skilled Regional (provisional) subclass 491 visa.
  • Skilled Nominated (permanent) subclass 190 visa.

Applying for ACT nomination is a two stage process:

  1. You must formally express an interest in applying for ACT nomination. You can do so by completing a score-based ‘Canberra Matrix’ where you are allocated points against demonstrated economic contribution or benefit and/or a genuine commitment to be part of the ACT community. You can select either ACT 491 nomination or ACT 190 nomination.  The highest ranked candidates in each stream will then be selected and invited to apply for ACT nomination.
  2. If you are invited to apply for ACT nomination, you must complete and submit the online application (and pay the service fee) within 14 days. You must attach the required documents to evidence your eligibility and Matrix score claimed at the date of Matrix submission.

You must read the ACT nomination guidelines carefully to ensure that you are eligible to complete the Canberra Matrix for ACT 491 / 190 nomination. If you are invited to apply for ACT nomination, your supporting documentation must evidence that you met the eligibility criteria and Matrix score claimed at the date you submitted the Matrix.
Check out the updated Occupation List for ACT nominations: http://www.canberrayourfuture.com.au/portal/migrating/article/act-occupation-list/
Check out the updated Guidelines for ACT nominations: http://www.canberrayourfuture.com.au/workspace/uploads/documents/491-190-nomination-guidelines-1-jan-2020.pdf
Source: http://www.canberrayourfuture.com.au/portal/migrating/article/skilled-visa-act-nomination

 

Disclaimer

The above article constitutes only generic information on migration issues, and does not constitute specific migration advice to any entity or individual.

 
Interested to know more?

Click here to book a FREE 15 minute phone call with one of our friendly consultants. You may also fill out the Online Assessment Form for a free assessment to know your eligibility for a visa to Australia.

17 Nov 2019

Further Changes – From 16th November 2019

Categories Australia, GSM, Skills Assessment, Visa

Occupations for Subclass 494 visas
The occupation lists for the SC 494 are comprised of the Medium and Long-term Strategic Skills List (MLTSSL), and the Regional Occupation List (ROL).
There are a total of 650 occupations available for the Subclass 494 with 216 occupations available on the MLTSSL and 434 occupations available on the ROL. You can check the list of eligible occupations here:

Legislative Instrument F2019L01403-LIN 19/219:Occupations for Subclass 494 Visas Instrument 2019

 
Exemptions from English Language Requirements for SC 186 and SC 187

English language exemption- The exemption to English for a person that has completed at least 5 years of full-time study in a secondary or higher education institution where all tuition was delivered in English will be removed as an exemption for the subclass 186 in the Temporary Residence Transition stream. From 16 November 2019 the exemption will only apply to subclass 187 in the Temporary Residence Transition Stream.

 

Subclass 494- Employer sponsored stream Exemptions

Age exemptions
Applicants are not required to be under 45 for the subclass 494 in the Employer Sponsored stream if they are:
a) academic applicants
b) regional medical practitioner applicants
c) science applicants
d) Subclass 444/461 workers
e) Subclass 457/482 workers
Skills and Employment History exemptions
Applicants for the subclass 494 in the employer sponsored stream are exempt from skills assessment requirements if they are:
a) academic applicants
b) 444/461 workers
Applicants for the subclass 494 in the employer sponsored stream are exempt from having to be employed in the nominated occupation for at least 3 years on a full-time basis and at the level of skill required for the occupation if they are:
a) academic applicants;
b) 444/461 workers

 

Occupations and Assessing Authorities for Subclass 491

From 16 November 2019

  • The assessing authority for Child Care Centre Manager changed from TRA to ACECQA for subclass 491, subclass 189, subclass 190 and subclass 485 visa applications made after 16 November 2019
  • The assessing authority for Podiatrist changed from ANZPAC to PodBA for subclass 491, subclass 189, subclass 190 and subclass 485 visa applications made after 16 November 2019
  • The assessing authorities for the occupations of Child Care Centre Manager and Podiatrist will remain TRA and ANZPAC respectively for skills assessments that occur prior to 16 November 2019. These skills assessment will be valid for the purpose of Subclass 494 visa.
  • The Assessing authority for physicist (234914) is VETASSESS except for a Medical Physicist which is ACPSEM

Read more about benefits of living, studying and working in regional areas here.

 

Disclaimer

The above article constitutes only generic information on migration issues, and does not constitute specific migration advice to any entity or individual.

 
Interested to know more?

Click here to book a FREE 15 minute phone call with one of our friendly consultants. You may also fill out the Online Assessment Form for a free assessment to know your eligibility for a visa to Australia.

01 Nov 2019

Meeting the Australian Study Requirement

Categories Australia, Courses for PR, GSM, Visa

When applying for the Temporary Graduate visa (subclass 485), Skilled Independent visa (subclass 189) Points-tested, the Skilled Nominated visa (subclass 190) or the Skilled Work Regional (Provisional) visa (subclass 491), to meet the Australian study requirement, you must have completed either:

  • a single eligible qualification that requires at least 2 academic years study, or
  • more than 1 qualification that results in a total of at least 2 academic years study resulting in an eligible qualification

You must have completed your study in Australia, in a total of no less than 16 calendar months, while you held a visa authorising you to study.
Your course, or courses, resulting in the award of an eligible degree, diploma or trade qualification, must be registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) and instruction must be completed in English.

Note: if applying for a Temporary Graduate visa (subclass 485), you must have completed your study in the 6 months immediately before making an application.

 

Course requirements

Each qualification you have completed and are relying on to meet this requirement must:

  • be either a bachelors degree or higher, a diploma, an advanced diploma, or a trade qualification
  • have been undertaken at an Australian educational institution in Australia
  • have been taught in English
  • be registered on CRICOS
  • have been undertaken while you held a visa authorising you to study

Note: You cannot use English language proficiency courses or enabling programs to meet the Australian study requirement.

 

The 2 academic years study requirement

Two academic years of study equals 92 weeks that contribute towards 1 or more acceptable qualification.

What is meant by 2 academic years study?
Two academic years study, or 92 weeks of registered study, is based on the duration of the course as registered by CRICOS.
You can take longer to complete your course, but you will only be credited with the number of weeks that CRICOS determines as the standard duration. For example, if you take 92 weeks to successfully complete a course that CRICOS says should take 78 weeks, you will only receive credit for 78 weeks only.
Only study successfully completed count towards the 2 academic years. You cannot include failed subjects.

Credits and exemptions
Credit for prior learning may reduce the amount of study undertaken.

Minimum of 16 months study in Australia
The Australian study requirement cannot be met in less than 16 calendar months.
This period begins when the course commences (generally from the start of lectures and excluding orientation periods) to the date at when all academic requirements have been completed

Example: If your course is CRICOS registered for 92 weeks (2 years) and you received credit based on study in another course also registered with CRICOS, then you could use these credits towards meeting the Australian study requirement even if you did not receive a qualification for this other course. The actual period of study on which the credits were based may also be used to meet the 16 month requirement.
However, if your study credits shorten the amount of time you physically studied your course in Australia to less than 16 calendar months, then, you may not meet the Australian study requirement.
If this happens you have several options, including:

  • have the university cancel the credits and complete these subjects for your qualification
  • complete extra units, such as elective units, that the university accepts as award units for the qualification

You may wish to complete an extra eligible qualification that can be used together to meet the Australian study requirement. Your extra qualification must be of sufficient CRICOS-registered duration to make up for the credited units from your course (or courses), bringing the total to at least 92 weeks.

 
Overlap of qualifications

You can undertake overlapping qualifications. For example, students applying under the Graduate Work stream of the subclass 485 visa could complete a Diploma in Finance and then a Diploma in Accounting where 2 units in the last qualification were granted as credit from the earlier qualification.
Where qualifications overlap, you can’t count the period of study more than once.
If you complete more than one qualification but use only the most recent qualification to meet the Australian study requirement, any credit you receive in the most recent qualification from the previous qualification counts towards meeting the Australian study requirement.
The actual period of study within the previous qualification can also be used to meet the 16-month requirement.

 
Study outside Australia

You can still meet the Australian study requirement if your course included study overseas, provided you complete at least 2 academic years of study in no less than 16 months in Australia in a CRICOS registered  course.
Example: You would have completed 2 academic years study in Australia if you undertook a 3-year, 6-semester bachelor degree as follows:

  • semester 1 – outside Australia
  • semester 2 – in Australia
  • semester 3 – in Australia
  • semester 4 – in Australia
  • semester 5 – outside Australia
  • semester 6 – in Australia

The pattern of study does not matter as long as the Australian study requirement is met.
You must complete at least 16 months of study while you are physically present in Australia.
You will not have met the Australian study requirements if you:

  • have studied solely at an overseas campus of an Australian educational institution, or
  • studied online or by correspondence with an Australian educational institution while outside Australia.
 
Evidence to attach to your application

Provide a certified copy of the completion letter from your education provider that shows:

  • the date the course started and ended
  • whether you did any distance learning
  • certified copies of course transcripts
  • the date of course completion
  • the location of the campus where you studied
  • whether you studied full-time or part-time
  • the language in which you received instruction

If you received credit for a course that you intend to use, to show that you have met the conditions of the Australian study requirement, the completion letter must state as such.

 
Completion date

Applications for a subclass 485 visa must be made within six months of the date of course completion.
The date of course completion is the date you first met the academic requirement for the award or your degree, diploma or trade qualification and were advised in writing by:

  • letter
  • publication in a newspaper
  • publication on the internet
  • email
  • bulletin board at the tertiary institution.

This date should not be confused with the date of conferral of award. The date of conferral is the date that the student actually receives their qualification, for example, at a graduation ceremony.

Source: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-graduate-485/australian-study-requirement

 
Interested to know more?

Click here to book a FREE 15 minute phone call with one of our friendly consultants. You may also fill out the Online Assessment Form for a free assessment to know your eligibility for a visa to Australia.
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Disclaimer

The above article constitutes only generic information on migration issues, and does not constitute specific migration advice to any entity or individual.

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