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Showing posts with label temporary visa. Show all posts
Showing posts with label temporary visa. Show all posts

Thursday, 7 September 2017

Australia may introduce ‘mandatory’ provisional visas before permanent residency

Migrants coming to Australia may have to spend a certain period of time on mandatory provisional visas before they are granted a permanent residency. The Immigration Department is exploring this possibility in a visa transformation discussion paper by inviting submissions from the public.
 
The number of persons in Australia applying for permanent residence has grown substantially over the last two decades. In 2015-16, around half of all permanent visas were granted to people already in Australia on a temporary visa.  This means that temporary residence is increasingly becoming the first step to living in Australia permanently.
 
It has also been argued that it’s in the national interest to facilitate a pathway to permanent residence for the “best and the brightest” international students and “skilled workers” and that some permanent visas include mandatory provisional visa stages.
 
However, under most of the permanent visa categories, migrants do not have to spend any time in Australia before they are granted permanent residency, which the discussion paper says is inconsistent with “like-minded countries”, such as the UK, the Netherlands and the US that have a more formal assessment process and period for evaluating those who seek to stay permanently.”
 
Though introducing such a probationary period for permanent migrants is likely to deliver budget savings, concerns have been raised that it could create a divide in the Australian society. The proposed reforms could undermine Australia's social cohesion and potentially increase the risk factors that may lead to violent extremism by creating a two-tier society where migrants are treated substantially differently to Australian citizens.
 
Major changes being discussed include slashing the number of visa categories from 99 to about 10 and making the visa system flexible so the government can respond more quickly to local and global trends.
 
Would you like to know your eligibility for a visa or seeking permanent residence? Call our office today on +61 3 9614 7111.

Sunday, 6 December 2015

Breaking a Nut with a Sledgehammer – the use and abuse of PIC 4020


Public interest criteria (‘PIC’) 4020 was first introduced in April 2011 as a measure to attempt to reduce fraud in visa applications. Originally the provision only applied to General skilled migration and employer sponsored visa applications, however now, if any of the following visas are applied for, it is necessary to satisfy PIC 4020:
  • skilled migration visas
  • business visas
  • temporary visas
  • student visas
  • family visas.
In summary, the impact of PIC 4020 is that a visa can be refused if an applicant provides a bogus document or information that is false or misleading in relation to the application, or if the Minister is not satisfied of an applicant’s identity. Refusal is possible even if an applicant did not knowingly provide false or misleading information with the application. Apart from having a visa refused, an applicant is also subject to a three-year ban period in respect of any visa application for a visa which is subject to PIC 4020 – these days, most visas!
While no one would argue that the objective of maintaining integrity within our visa system is of paramount importance, there is great concern within the migration industry that PIC 4020 is being used in a manner which could not possibly have been intended when first introduced into legislation. Examples of refusal situations and consequent three-year bans include:
  • poorly completed applications which do not have all the questions answered, leaving case officers to allege that the application is ‘misleading’,
  • persons obtaining police clearances in respect of visa applications and then discovering minor convictions entered against them in their absence and without their knowledge which of themselves would not have precluded them from eligibility for migration,
  • persons receiving notices of intention to cancel because of incorrect or inconsistent spelling of names in application forms,
  • references from employers containing incorrect information regarding the applicant.
It is possible to obtain a waiver of a PIC 4020 determination if the applicant can show that the grant of the visa would be in the interests of Australia, or that there are compelling and compassionate circumstances affecting the interest of an Australian citizen, an Australian permanent resident or eligible New Zealand citizen.
It is obvious that when preparing a visa application applicants must take care to ensure that all information which is provided is accurate. Sometimes however it is not possible to know with absolute certainty that everything which has been provided is 100% correct. As soon as it becomes apparent that there may be a problem with information contained in a visa application, urgent steps should be taken to ensure that the correct information is provided to the Department with an explanation setting out the circumstances which gave rise to the situation.

Wednesday, 21 January 2015