U.S. Consulates and Continuing Delays in Visa Processing

If you are waiting for a U.S. visa to be issued, you may be experiencing ongoing delays.  For an update see:

http://travel.state.gov/content/travel/english/news/ccd-performance-issues.html

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Additional countries able to apply online for Subclass 600 visas (Tourist, Sponsored Family or Business visitor stream)

The Migration Regulations have been amended so the classes of people eligible to make online applications for Subclass 600 (Visitor) visas in the Tourist, Sponsored Family or Business visitor stream.

The additional countries able to make online applications are Angola, Anguilla, Armenia, Benin, Bermuda, Bosnia and Herzegovina, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, the Cayman Islands, the Central African Republic, Chad, Comoros, the Democratic Republic of the Congo, the Republic of the Congo, Côte d’Ivoire, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, the Falkland Islands, Gabon, Gambia, Ghana, Gibraltar, Guinea, Guinea-Bissau, Kenya, Kosovo, Kyrgyzstan, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mauritius, Montserrat, Mozambique, Namibia, New Zealand, Niger, Nigeria, the Philippines, the Pitcairn Islands, Rwanda, Saint Helena, Ascension and Tristan da Cunha, Sao Tome and Principe, Senegal, the Seychelles, Sierra Leone, South Africa, the Republic of South Sudan, Swaziland, Tajikistan, Tanzania, Togo, Turkmenistan, the Turks and Caicos Islands, Uganda, Uzbekistan, the Virgin Islands, Zambia, and Zimbabwe.

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Carmichael Coal Mine and Rail project - 457 visas?

Adani (an India based company) is set to develop a 60 million tonne (product) per annum (Mtpa) thermal coal mine in the north Galilee Basin approximately 160 kilometres (km) north-west of the town of Clermont, Central Queensland. All coal will be railed via a privately owned rail line connecting to the existing Aurizon rail infrastructure near Moranbah, and shipped through coal terminal facilities at the Port of Abbot Point and/or the Port of Hay Point (Dudgeon Point expansion). The Carmichael Coal Mine and Rail Project (the Project) will have an operating life of approximately 90 years.

The Project is comprised of two major components:

• A green field coal mine over EPC1690 and the eastern part of EPC1080, which includes both open cut and underground mining, on mine infrastructure and associated mine processing facilities (the Mine) and offsite infrastructure.

• A green field rail line connecting the Mine to the existing Goonyella Rail System to provide for export of coal via the Port of Abbot Point and/or the Port of Hay Point (Dudgeon Point expansion).

Export coal from this project will predominantly service the Indian market.

Only time will tell whether the project requires the recruitment of skilled workers via the subclass 457 visa program but based on other similar projects it seems highly likely.

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Validity of skills assessments - subclass 190 visa applications

The Department of Immigration & Border Protection (DIBP) has provided the following advice on the validity of renewed skills assessments for SC 190 visa applications.

If an applicant's skills assessment has or is about to expire under the new 3 year validity policy, some skills assessing authorities are renewing skills assessments where the applicant continues to be skilled in the relevant occupation.

The three year validity of these renewed skills assessments will commence on their date of 're-issue' by the skills authority.

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CARER visa update

If you lodged your application for a Carer (subclass 116 or subclass 836) visa prior to 2 June 2014, it can only be accepted by the department if you provided evidence that you or your relative had arranged to start the Medibank Health Solutions assessment process. This meant providing, with your application, the letter from MHS acknowledging your request for a care assessment. As noted on the department's website, the eligibility criteria for this visa is that your relative had 'arranged an assessment' to be done with MHS.

All applications lodged with the department before the repeal date will continue to be queued and processed in accordance with existing legislation, policy and Processing Directions.

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I Want a Green Card! How Do I get One?

Firstly, are you sure you want a green card?  Before embarking on the journey of obtaining a green card, you need to be sure it is the best option for you. The best way to determine this is to consult with an immigration attorney, however, reading this article is a good first step.

There are four ways to get a green card:

• Family relationship
• Employment
• Investment
• Green card lottery

Family Relationship

If your spouse, sibling, or parent is a US citizen, they can petition for a green card on your behalf and you will not have to wait in any “visa queues” (although you will need to wait for the standard processing times).  

Other relationships may qualify, but there will be visa queues, anywhere from 1.5 to 23 years (currently).

Employment

If you can demonstrate “extraordinary ability” in your field, then you may qualify for an employment-based green card under the EB-1-1 category.  If you are a high-level manager at a company that wishes to transfer you to their US office, you may qualify for a green card under the EB-1-3 category.  There are other employment-based categories for professionals, but usually a lengthy “labor certification” process will be required whereby your sponsoring employer will need to prove that they could not find any US citizens or permanent residents to fill your role.

Investment

The general requirement for the investment green card, the EB-5, is to invest at least $1 million into a business whereby that cash influx will generate at least 10 new full-time jobs for Americans. However, this threshold is reduced to $500,000 if the business in which you are investing is located in an area of high-unemployment, or a rural area.

Green Card Lottery

If you are from an eligible country (Australia generally is an eligible country), and you want a green card, you may wish to enter the “Diversity Visa Program,” known as the green card lottery. the lottery is open in October every year. We recommend to enter the lottery, through the official government website:  http://travel.state.gov (Look for “Diversity Visa Program.”)

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Poliovirus - Public Health Emergency of International Concern

The Australian Department of Immigration & Border Protection (DIBP) is introducing protective measures in response to the WHO declaration that wild poliovirus transmission is a Public Health Emergency of International Concern.

Visa applicants applying from outside Australia and those who have spent a period of 28 days or longer on or after 5 May 2014 in Afghanistan, Cameroon, Equatorial Guinea, Ethiopia, Iraq, Israel, Nigeria, Pakistan, Somalia or Syria, or in any combination of these countries, should be vaccinated against polio prior to their departure.

Applicants lodging new applications should provide this at the time of lodgement. Applicants attending a medical appointment with a panel physician should take their certificate to the medical appointment.

If the applicant does not provide the vaccination certificate at the time they apply, or at the time they undertake their medical appointment, their case officer may request evidence of polio immunisation status and this could delay the visa application.

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Onshore medical checks

In July 2014 the department will change to a new migration medical services provider.

The current Onshore Medical Services Contract between the Department of Immigration and Border Protection (DIBP) and the current service provider Medibank Health Solutions (MHS) will expire on 25 July.

From 28 July the provision of visa medical examinations and assessments to clients in Australia will commence with Bupa Medical Visa Services.

The department of immigration has stated that they believe that the change to the new service provider will bring a number of significant client service enhancements that will result in the delivery of high quality and efficient services to meet the required client service standards. The scope of the contract will include onshore visa and migration medical services currently undertaken by MHS, as well as other visa and migration services currently undertaken by the department.

As a result, those clients seeking health examinations in Australia in July may be impacted.

· If you are booking an appointment on behalf of a client prior to 28 July you must continue to contact MHS to organise the appointment.

· From 28 July you are required to contact Bupa Medical Visa Services for any new onshore health assessments or reviews of past Medical Officer of the Commonwealth opinions.

· For clients who have lodged an assessment with MHS prior to 25 July you are advised to contact Bupa Medical Visa Services on 1300 794 919 to enable the medical assessments to be finalised.

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Validity of skills assessments

Following amendments to the Migration Regulations 1994, from 1 July 2014, if a skills assessment is mandatory as part of a visa application, it will only be valid for a period of 3 years from the date of issue, unless a shorter validity period is specified on the assessment.

A skills assessment must be valid at the time of lodgement for the following visas:

• Direct Entry stream of the Employer Nominated Scheme (subclass 186) visa;
• Direct Entry stream of the Regional Sponsored Migration Scheme (subclass 187) visa; and
• Graduate Work stream of the Temporary Graduate (subclass 485) visa.

These changes do not affect the Temporary Work (Skilled)(subclass 457) visa.

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User pays for all biometrics at all AVACs

From 1 July 2014, the Department of Immigration and Border Protection is moving to a full user-pays model at all biometric Australian Visa Application Centres (AVACs). This means that service providers will charge clients a service fee for visa application lodgement and biometric collection. This is in addition to visa application charges.

Biometrics are collected at AVACs, Australian Biometrics Collection Centres (ABCCs) or at Australian Missions using a quick, discreet and non-intrusive process that captures a facial image with a digital camera and a 10-digit fingerprint scan with a digital finger scanner.

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Subclass 190 Anomaly - English at time of invitation and application

An anomaly has been identified in the SC 190 regulations. Reg 190.213 requires the applicant to have Competent English at the time of INVITATION. However, the definition of Competent English at Reg 1.15C requires the applicant to also have a valid English language test result at time of APPLICATION.

If the validity of an applicant's test result expires between the time of invitation and the time of application lodgement, they will not meet the requirement for Competent English and the visa will be refused.

The Department is aware of the anomaly and are moving to rectify it, but this will take some time.

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