Immigration Law Newsletters

457 program under review
Immigration Minister Chris Evans has released a discussion paper seeking stakeholder feedback on proposed reforms to the 457-visa program, which he says will help prevent the exploitation of temporary skilled foreign workers.
Date: Jul 02, 2008

A brief explanation of the new points test for Certain Skilled Migration Visas
On 1 July 2011, the Australian Government introduced a new points test for certain skilled migration visas, in which a comprehensive assessment of the attributes of an applicant is made, taking into account the applicant’s English capabilities, skills, qualifications, and the age of the parties who are applying for skilled migration visas. Applicants must meet the requisite number of points in order for their visa to be successful.
Date: Nov 02, 2011

A Guide on Getting your Permanent Residency (PR) for International Students in Australia
Many international students studying in Australia aspire to become a permanent resident and stay in Australia for good. The most common route to permanent residence is for students to apply for general skilled migration after completing their studies.
Date: Aug 03, 2009

Abroad and fraud: avoiding migration scams
Fraud is a criminal offence in Australia, and that includes the migration process. Migration fraud includes document fraud, where visa applicants are responsible for the information contained within, even if someone completes it for you.
Date: Jul 05, 2011

Australian Working Holiday Visas
This article considers the key considerations in obtaining an Australian working holiday visa. Living and working in a new country can be a great experience and the working holiday visa program is a fantastic way to see Australia (while helping to meet the generally higher costs of travelling around the country).
Date: Oct 07, 2010

Baird Review welcomed by Immigration Minister
On 9 March 2010, the Minister for Immigration and Citizenship, Senator Chris Evans, welcomed the final report of the Baird Review on the legislation governing international education. It is titled “Stronger, Simpler, Smarter ESOS; A Review of the Education Services for Overseas Students Act. It was also greeted favourably by the Deputy Prime minister, Julia Gillard and comes in conjunction with the changes made to the skilled migration program in February, 2010.
Date: Apr 03, 2010

Changes to the Australian Working Holiday Visas commence from 1st July, 2008
On the 1st July, 2008 the Migration Regulations 1994 ("the Regulations") were amended to expand the concession for a second Working Holiday visa for those who undertake three months' work in regional Australia to include work in the construction industry in regional Australia.
Date: Aug 04, 2008

Detention Reforms
The Minister for Immigration and Citizenship recently announced additional reforms to Australia’s immigration system. These reforms are in addition to the changes sought to be introduced by the Migration Legislation Amendment Bill (No. 1) 2008 which is currently before Parliament. That Bill, among other things, would streamline tribunal procedures and amend time limits for applying to the court for judicial review of migration decisions.
Date: Sep 01, 2008

Ease-a visa cancellation
The process of obtaining a visa is lengthy, as is the process of cancellation. Having your visa cancelled, either by request or involuntarily by the Department of Immigration and Citizenship, is serious as it can mean detention and removal from Australia. So what does it mean when your visa is cancelled?
Date: Apr 01, 2011

Family ties & Migrating to Australia
Under the Australian Migration Program, people can apply for visas under the family stream component
Date: Sep 02, 2009

Fraudulent Migration
In September 2008 Mr. George Ling, a Sydney businessman, was sentenced in the District Court to five years and five months imprisonment in relation to his involvement in a criminal conspiracy to defraud the Commonwealth. The charges related to an immigration conspiracy which resulted in 110 foreign nationals being granted Australian citizenship where they did not meet the criteria.
Date: Oct 02, 2008

From Permanent Residence to Australian Citizenship
If you are a permanent resident and wish to become an Australian citizen, you need to determine whether you meet the eligibility requirements, allowing you to become a citizen.
Date: Oct 05, 2011

Get in the loop about off shore refugee visas
Australia’s humanitarian program consists of two streams, one offshore and one onshore, and is designed to enable resettlement of overseas people in Australia who have humanitarian needs. It also allows Australia to protect those already in the country who are seeking refugee status under the UN Convention. This article will focus on the offshore program.
Date: Aug 02, 2011

Government Introduces Changes to the Skilled Migration Program
As of 1 January 2009, the Commonwealth Government made changes to the skilled migration program. The new measures were the result of Australia's changing economic needs, including forecasts for higher unemployment, and were designed to ensure that the skilled migration stream continued to meet the needs of industry in the new economic climate.
Date: Apr 02, 2009

Guarding the guardians: student visa subclass 580
International students under 18 years of age studying in Australia on a student visa may require a guardian. There may also be exceptional circumstances where a student over 18 years of age may need a guardian for religious or cultural reasons.
Date: Jun 06, 2011

How to board the Australia Citizen Ship
There are many vessels in which you can become an Australian citizen. Your rite of passage to either apply or be automatically granted citizenship depends on your circumstances. So which option applies to you?
Date: Jul 02, 2009

Immigration Update
Over the past few months the Commonwealth Government has made a number of amendments to the migration legislation. These changes impact a wide range of visas and highlight the need to keep abreast of changes to immigration law.
Date: Jan 03, 2009

Immigration Update: General Skilled Migration
In 2010, the Commonwealth Government announced significant changes impacting general skilled migration, with further changes taking place later this year. If you have applied for or are thinking of applying for general skilled migration, it is imperative to seek advice and understand how the changes may impact your application.
Date: May 02, 2010

International Students and Permanent Residency
In 2008-08, the Commonwealth Government granted a total of 320,368 student visas. Many of these international students are interested in becoming permanent residents in Australia. In most cases, students apply for general skilled migration upon the completion of their studies. In 2008-09, the Commonwealth Government granted 69,153 permanent resident visas through the general skilled migration program.
Date: Dec 02, 2009

Maintain your status quo
Visa status is hard to maintain, especially when travelling in and out of several countries. If you’re an Australian permanent resident who wants to travel, and wish to keep your status, you should consider a Five Year Resident Return Visa (subclass 155).
Date: Mar 01, 2010

Migrant intake cut
Due to the global financial crisis and amid fears the economy will slow, Australia’s intake of migrants will be significantly cut next year.
Date: Nov 02, 2008

More Changes for Skilled Workers on The 457 Visa
The 457 temporary business (long stay) visa plays an important role in the Australian economy. This visa enables employers to fill skilled positions with an overseas worker where they have been unable to find a local candidate. The program allows overseas workers to remain in Australia for a period between three months and four years.
Date: May 02, 2009

More to be done on skills crisis, says Evans
Immigration Minister, Chris Evans, has welcomed an interim report from a group of industry experts on Australia's temporary skilled migration program, which coincided with figures that showed record arrivals of skilled workers helped immigration become the leading element in Australian population growth last year.
Date: Apr 04, 2008

New Priority Processing Arrangements for General Skilled Migration Applications
The Migration Act 1958 (Cth) provides the Minister for Immigration and Citizenship with the authority to set the order of priority for considering and finalising visa applications. The Minister recently set new priority processing arrangements for certain skilled migration visas.
Date: Nov 01, 2009

Overseas Marriage, Children and Dual Citizenship
Dual citizenship occurs where two or more countries deem an individual to be a citizen of that country. While most people are aware that they are a citizen of a particular country (e.g. they were born there or became naturalised), it is possible to be a dual citizen without realising it. This issue is of particular interest for people who have parents who immigrated to Australia, or were born to (or adopted by) a couple that had different national backgrounds.
Date: Sep 02, 2010

Overstaying your Visa
In order to enter Australia lawfully, it is necessary for non-citizens to obtain a visa. The requirement to obtain a visa applies to everyone, regardless of whether the purpose of the visit is tourism, study, work or migration. However, there are many different types of visas each with specific conditions regarding study, work and duration.
Date: Aug 03, 2010

Partner Visa Options
There are a number of visa options for partners of Australian citizens, Australian permanent residents or eligible New Zealand citizens to enter and/or permanently remain in Australia. The specific subclass of visa is dependent upon the nature of the relationship and whether the applicant is inside or outside Australia.
Date: May 06, 2008

Population Flows – A Statistical Overview of Australian Migration
In March 2008, the Department of Immigration and Citizenship released Population Flows: Immigration Aspects. This report provides an array of information about Australian migration in the 2006-07 fiscal year.
Date: Jun 01, 2008

Report commissions new Immigration Policy
The Human Rights Commission slammed the Government's immigration detention policy last week, following the release of the Commission's 2008 immigration detention report.
Date: Mar 02, 2009

Report commissions new Immigration Policy
The Human Rights Commission slammed the Government's immigration detention policy last week, following the release of the Commission's 2008 immigration detention report.
Date: Feb 02, 2009

Retirement requirements and immigration
Thinking about your retirement can be daunting, even though we are constantly reminded since the start of our careers to think about it. Did you know there are Retirement Visas for older people who want to retire in Australia? There are certain requirements that need to be satisfied, and different visa options depending on your circumstances – it is always recommended to speak to your lawyer to know which visa is suitable to you and before going through any application process.
Date: Mar 02, 2011

Return of the prodigal resident: resident return visas subclass 155
Are you a current or former Australian permanent resident whose travel validity period of your permanent visa has expired or is about to expire? The Five Year Resident Return Visa (Subclass 155) is for you.
Date: Sep 05, 2011

Skills Assessment for Migrants
The most common form of migration to Australia is the General Skilled Migration program. The aim of the program is to attract skilled, experienced and therefore employable people for migration to Australia.
Date: Feb 02, 2010

Sponsoring a Partner and Domestic Violence
Australian citizens, Australian permanent residents or eligible New Zealand citizens may sponsor their partner to enter and/or remain permanently in Australia. Different visa categories apply, depending upon whether the visa applicant is overseas or already in Australia.
Date: Dec 03, 2008

Staying on After your Working Holiday
Are you in Australia on a working holiday visa and interested in staying on after your visa expires? There are a few different visa options if you would like to extend your stay.
Date: Jan 02, 2010

Sweeping Changes to 457 Program Effective 14 September 2009
The Commonwealth Government introduced a number of changes to the sponsorship regime for temporary workers in Australia on subclass 457 visas. These changes came into effect on 14 September 2009.
Date: Oct 03, 2009

The new post-study visa rules for international graduates
More international students will be eligible to work in Australia following an extension to the post-study work visa scheme announced in November, 2011. Under the new arrangements graduates of a Bachelor, Masters Degree or a PhD from a recognised education provider, will be eligible to work in Australia upon the completion of their course. The new laws will allow graduates who complete their degrees after at least two academic years of study in Australia to access post-study work from 2013. These new arrangements will apply irrespective of the field of study and would not be tied to any particular occupation.
Date: Feb 03, 2012

Using a Migration Agent
A migration agent is a person registered with the Office of the Migration Agents Registration Authority (MARA), who offers to assist people with applying for visas and citizenship in Australia. This article examines some important considerations in using the services of a migration agent and what you should expect to receive for their assistance.
Date: Jul 02, 2010

Visa Applications into Australia: the Character Test Requirements
Australia, like many other nations, requires that visitors and people who are wishing to migrate are of good character as outlined in the Department of Immigration (the Department) policies. In making a determination on whether a person is fit for entry into the country, the Department applies a ‘character test’ which ultimately decides whether or not a person is granted permission to enter Australia.
Date: Dec 01, 2011

Visa Options for Nurses
Australia has a shortage of qualified nurses. The demand for experienced nurses is particularly acute in regional areas of Australia. As such, an experienced registered nurse may have a number of different visa options for living and working in Australia. There may also be other options open to nurses undertaking study prior to full qualification.
Date: Feb 03, 2011

When does a person entering Australia required to undergo a health undertaking?
Migrants wishing to reside in Australia must meet the necessary health requirements, which are essential in order to protect the wider population from potential health and safety risks. Of particular concern to the Department of Immigration and Citizenship (the Department) in regards to prospective migrants are instances where a person has an active case of tuberculosis (TB). Any person who is found to have an active case of TB, will be unable to obtain a visa until the Medical Officer of the Commonwealth declares a person free from the disease. Alternatively, a potential migrant who is found to have an inactive case of TB, may still be required to meet the health requirement or alternatively, may have to sign a health undertaking.
Date: Jan 03, 2012

Who is a Refugee?
« Back to FindLaw Legal Content Services Who is a Refugee? The legal status of refugees in Australia is a contentious and frequently misunderstood matter. Unlike many developing countries, where the United Nations High Commissioner for Refugees will make a determination of a person's refugee status, Australia has a formal administrative process for assessing refugee claims.
Date: Jun 04, 2010

Working in Australia with the Business Long Stay Visa
If you are interested in working in Australia on a temporary basis, one of the most common programs is the 457 business visa. This program enables businesses to employ an overseas worker for up to four years. The worker can bring other eligible secondary applicants with them to Australia. Secondary applicants can also work and study.
Date: Nov 02, 2010

Your strength of character in Immigration
Australian migration laws require all applicants to satisfy a "character test" before approving a visa. This is known as the public interest criteria, and it can be difficult to understand its requirements.
Date: Jun 02, 2009


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