Immigration to Australia

It's foreign students no-more as an immigration policy declared a cut to Brisbane's student immigration to Australia. The country's two parties, Labor and Liberal National Party, have been arguing over which factors greatly affects the continuous increase in Australia's migration. After a long road of talk, they end up with a conclusion stating that the number of international students entering the country is the largest contributor to net overseas migration.

It is a fact that Brisbane holds 80% of Queensland's $2.7 billion international student industry which is a part of an international education sector that generated $18.6 billion in the 2009 export earnings. If we'll look into it, it's Queensland that sets the high jump in overseas students since 2004 – showing a number of Immigration Department figures of more than doubled from 25,231 to 52,347 in 2009.

However, some sources reported that as the number of overseas university students grow up, foreign students heading for TAFE colleges had been "tanked". In year 2008-2009, the total number of Australian student visa holders had decreased from 320,368 to 269,826 in 2009-2010. While enrollments on higher education dropped from 133,990 to 118,541. According to Glenn Withers, the chief executive of Universities Australia, the issue of international students' slowing number had already been experienced before. He then advised the two major parties to be more careful in their plan of cutting the number of foreign students.

"A severe drop in international student numbers would cost many Australians their jobs," He said. "For example, according to Access Economics estimates, a 50 percent drop in international student numbers represents 62,000 jobs gone - and this process is already happening. Many of these jobs are in marginal and regional seats where universities and colleges are a major community presence," Withers explained. Aside from this, the Australian Tourism Export Council has also cautioned the two parties to consider the economic consequences, especially if they wish to continue the cut to international student visa numbers.

As stated by ATEC managing director Matt Hingerty, more than 80% of all foreign students attract at least one other overseas visitor during their stay to Australia. "Any changes to international student visa numbers need to be made with the knowledge of the flow-on effects this will have on other sectors of the economy," he uttered in a statement. But it seems that the opposition group is still on their way to continue the plan. Opposition Leader Tony Abbott announced that there will be no cuts to Australian skilled  migration categories, only to overseas student immigrants. He recently introduced a plan stating that they will reduce Australia's net overseas migration to 170,000 people each year by 2013.

Along with Abbott, Tony Burke, government's Minister for Sustainable Population, also unveiled a cut to foreign students, especially on hairdressing and chef courses. This is due to an evidence explaining that some overseas students used student visas just to have a permanent citizenship. "Some of them weren't being used to fill work shortages, they were being used to get cheaper workers. There were some overseas students coming, not for the purpose of getting an Australian education, but as a pathway for permanent residency," Mr. Burke explained.

Why do I need an Australian immigration lawyer when all I want is a visa? As specialist Australian Immigration Lawyers right here in Sydney, Australia, we are often asked ‘why does a person need an immigration lawyer when all they want is a visa?’ which, can be done by a Migration Agent.

The answer is a simple one: With Australian immigration law being as strict as it is, it costs more to fix an incorrect Australian visa application than it does to do it right the first time. In a visa application every question and answer matters and are all vital for visa in Australia being accepted. The quality and strength of submissions, evidence and documents put in support of a visa application, can be the difference between being granted a visa for Australia or being refused one.

 An Australian visa subclass is a creature of law, knowing that immigration law for the specific country (in this case Australia) and how it applies to a client’s factual situation is the key to making a strong and appropriate visa application. If a client is truly confident and feels they can trust and rely on their lawyer, they are more comfortable to tell the full and true story. It is only then the immigration lawyer or migration agent can advise accurately as to the appropriate application, the next best step or strategy or application to the court. Of course the knowledge of immigration law, professionalism and expertise that an accredited specialist has is the cornerstone.

We know people that have wasted thousands of dollars pursing useless actions in courts or that have been forced to leave Australia when, if advised correctly and followed the right strategy, they could have been granted a visa and ultimately gained permanent residence and Australian citizenship.  What is why the Migration Agents Registration Authority is advertising in community newspapers, advising people that they should always get a second opinion, to make sure they have explored all the available options and been given the best immigration advice and corrective visa strategy.

What is the cost of hiring an Immigration Lawyer?

The next important question is cost. When hiring an immigration lawyer, you and the lawyer agree a price up front and the immigration lawyer sticks to that price! There are no hidden costs, no surprises and definitely no tricks. More importantly, if you get it right first time, you avoid spending thousands of dollars just any problems that will occur with an incorrect visa application.  Getting the appropriate visa or subclass and avoiding refusal or deportation is essential to continuing or starting your life in Australia. 

Having your matter dealt with by specialists is to ensure that you that you obtain the best and desired out come and don’t waste money on unwarranted, unnecessary or unattainable applications. Your future in Australia depends on the quality of the migration advice and assistance you receive. By using an Australian Immigration Lawyer you are assured of ethical, professional accurate and up-to-date Australian immigration advice.

The levels of Immigration in Australia have, over the past 15 years, increased dramatically. Did you know that, for example, the number of migrants who successfully immigrated to Australia in the years of 92 and 93 was around thirty thousand, whereas more recently in the years of 2006 and 2007, this number has increased to almost two hundred thousand? That is an increase of seven hundred percent! It is not anticipated that the rate of increase will slow down either – it is anticipated that another three hundred thousand immigrants will have joined us here by the end of 2009.

With sunny weather, friendly people, and abounding opportunities, it is no surprise that Australia is and always has been a popular destination for migrants and the proliferation of Immigration in Australia stands as a testament to this. A large part of Australian history is based on Immigration in Australia, and it is no huge stretch to make the assumption that it will still be in the future.

Most of the time, the first visa anyone will see Australia on is a temporary visa. This could be a tourist visa, simply for the purpose of checking out the country for a couple of months, or a working holiday visa, which allows the holder to live and work in Australia on a restricted basis for a period of 12 months. It is also possible to gain temporary entry into the country on an Australian student visa, which can allow you to stay for a longer period of time in order to study. So how do people move on to more permanent categories of visa?

Moving From Temporary To Permanent
For the purpose of this section, let us look at the situation of a non-Australian who has been studying in Australia on an Australian student visa. They are restricted in the amount of work they can do in order to earn money, and they are not entitled to social benefits. They have just finished a course and have graduated. But will they want to come home? University is a formative experience in anybodys life, and it is not a massive leap if one were to suggest that maybe the student may not want to leave what has become their home, their friends, and their life in Australia.

There is a solution! If the student has been studying in an area or trade in which Australia has a lack of skilled individuals, the student may be able to apply for a skilled migration visa, which will allow them a much more permanent type of residency then their Australian student visa, with a lot more freedom for employment and a lot more chance of eventually attaining permanent residency. The skilled migrant visa has been a clever development on Australias part – by encouraging workers who are trained in occupations in which Australia does not have enough skilled individuals, they are making sure that migrants will be contributing to the productivity of the nation as a whole – for example, if a hairdresser applied at a time when there were not enough qualified hairdressers in Australia, their application would likely be approved.

As mentioned previously, the skilled migrant visa is a window to a world of even more permanent visas. The three years one is entitled to stay in Australia on a skilled migrant visa can be used to count towards the total number of years it is necessary to have lived in Australia in order to be eligible for permanent residency, and to enjoy all of the social benefits and rights which come along with this.

New Wave Or Constant Tide?
The number of immigrants to Australia has been steadily increasing over the last fifteen years. The quantity of immigrants from New Zealand and the United Kingdom has been steadily increasing, along with the amounts of migrants from formerly eastern block countries – as these countries became more developed, more people found themselves in a position to contemplate such a big move. There is a new wave of migrants to Australia every year, but this is more of a continuation of a larger phenomenon than a phenomenon in itself.

Main Visa Options for Working Holiday Makers in Australia - subclass 417 visas

This article sets out in simple terms the main Australian visas that are available to a working holiday traveller in Australia. This is not meant to be an exhaustive list but a useful summary giving guidance on some key visa options .

Understanding your options
The first step is to categorise each visa. Determine whether the visa is an independent visa option, obtainable by the applicant alone? Or does the visa require the sponsorship of an employer, spouse, family member or state body for the visa to be granted? Then work out whether the visa is a visa to remain in Australia permanently or temporarily.

Once you have categorised the visas in this way you can then look at the rights that attach to each visa to see whether the visa will help you achieve your goals in coming to or remaining in Australia, e.g. does the visa allow me to work, part time or full time, for who, doing what? Can I study? Can I live anywhere etc? Categorising visas in this way will allow you to work out the best visa option for you depending on your goals and personal circumstances. What options are then available will vary depending on your skills, work experience, qualifications, financial resources and / or whether you are able to gain the support of a sponsor to back you in your application.

Independent Permanent Migration - subclass 175

General skilled Migration – The points test.

A permanent residency (permanent residency) visa is the most beneficial visa to apply for as it allows you to remain permanently in Australia to live, work and study and to gain Australian citizenship. To be eligible for permanent residence you will need to have formal qualifications and at least 12 months work experience in your trade or profession in the 24 months immediately before your application is lodged. Before you lodge your application you will need to have your qualifications and / or skills positively assessed by a designated assessing body and achieve 120 points to satisfy the points test for this visa.

Points are awarded to an applicant on the basis of, among other things, professional qualifications, work experience, age, English language ability and time working in Australia. Calculating your points accurately and categorising your occupation correctly is the key to successfully applying for this visa. An error in either of these areas often leads to the visa being refused and the applicant, rather than gaining permanent residency, having to leave Australia.

With this visa you can live and work anywhere in Australia and are not tied to a sponsor or employer. If you seek permanent residency and do not score sufficient points to emigrate independently, then regional sponsored migration may be an option that you explore after your working holiday visa expires.

Sponsored Permanent Migration

General Skilled Migration with Sponsorship - subclass 176 visa and subclass 475 visa

Again, you must have qualifications and work experience to be eligible for permanent sponsored migration on the basis of points. However, you will either need less points, or gain points for being sponsored, to achieve permanent residency through this visa stream. Being sponsored usually means you have to live and work for 2 years (as a standard rule) in an area related to your sponsor. For example if you are sponsored by a family member, you will have to live in the town or city they live, if you are sponsored by a state government, you will have to live in that state.

Remember parts of regional Australia are some of the most beautiful parts of Australia and offer great lifestyles and opportunities for people that emigrate through this visa stream. Your immigration lawyer or migration agent should be able to assist in obtaining state sponsorship or you can apply directly to each state usually through their websites. After you have spent the 2 years working and living in the designated area, you will then be able to gain an unconditional permanent residence visa to move and live anywhere you wish in Australia.

Sponsored Temporary

Sponsored Working Visa - Subclass 457 visa

If permanent residency is not available to you at this stage, then a temporary working visa may allow you to live and work in Australia until another permanent residence option opens up for you. If you can’t satisfy the points test but have qualifications, work experience and an employer willing to sponsor you, then this may be the most suitable visa for you. If granted this visa, you will have to work for the sponsoring employer for the period of the visa (usually 4 years) or until the employer ends your employment or withdraws their sponsorship or both. If this occurs, then you will usually be given some time to find new employment and a new sponsor to support you to apply for a new subclass 457 visa. However, without a sponsor you will not be able to remain in Australia on this visa.

There are two distinct stages to this visa application. Firstly, the employer applies for approval as a sponsor and when approved, nominates your for the visa. You then make an application for the visa in the nominated occupation. To be eligible you must have qualifications and work experience relevant to the occupation in which you have been nominated. You must also satisfy the relevant English language requirement - either by being from an English speaking country or sitting an IELTS exam.

For your employer to be approved as a sponsor they must employ Australian citizens or permanent residents (at least 2 as a general rule), have good financials and be able to prove it and a good training record or commitment to training, Very new businesses will find it a little more difficult to gain approval to sponsor employees but certainly not impossible with a well drafted and complete application. There are a number of benefits that flow from being sponsored on a temporary working visa, subclass 457.

After 2 years on this visa and 12 months with an employer, your employer can nominate you directly for permanent residence - subclass 856 visa. Once granted, you have no obligation to remain with the employer and can move on to work anywhere. This is why employers often prefer to keep employees on a subclass 457 visa to retain control of their services, rather than helping them get permanent residence and losing them to another employer offering more money or better conditions.

Also, after working in Australia full time on this visa for at least 12 months, you will be eligible for 10 Australian work experience points, which may give you enough points to apply for permanent residency independently. You may also gain points in other areas due to the passage of time and changes in your circumstances.

Independent Temporary

Student Visas – Rights to Study Full Time and Work Part Time.

If you have no skills or qualifications, or can’t find an employer sponsor, or wish to strive for a new career, student visas are a very good, and may be your only, visa option to consider if you are on a working holiday subclass 417 visa. Student visas are a good option because international students, after satisfying the ‘2-year Australian study’ requirement, are eligible to apply for permanent residence. They will still have to satisfy the points test but if they do not have enough points, they are able to apply for a temporary 18-month work visa for the goal of gaining further points from Australian work experience, then pass the points test and ultimately apply for permanent residence.

UK, Ireland, Canada and USA passport holders, which are all level 1 countries, can apply for a student visa in Australia while on a working holiday visa whereas most other passport holders will have to leave Australia to apply. Countries are given a level (or grading) according to the perceived risk a prospective student from a particular country has of breaching student visa conditions. A student visa allows you to study full time and work 20 hours per week during semester, 40 hours per week during holiday periods and term breaks. The key to this visa option is, if your goal is permanent residence, to pick a course of study that when completed allows you to apply for a permanent visa with an occupational qualification that will –

a) Give you enough points in your circumstances to satisfy the relevant points test, and

b) Offers strong employment opportunities either in Australia or your home country or both.

Any good Australian immigration lawyer should be able to give you this kind of direction when choosing your course of study.

Spouse Visas - Sponsored Temporary to Permanent

Married, De facto and Same Sex Couples - subclass 820 / 801 visa, subclass 826 / 814

If you have been in a relationship with an Australian citizen, permanent resident or eligible New Zealander, and have lived with them for at least 12 months then you will be eligible to apply for a spouse visa on the basis of your de facto relationship. Same sex couples can also apply for an interdependency visa. The Department of Immigration is very inflexible on this point and if you do not have 12 months living together as de facto partners then you will not be eligible.

If you are married, you can apply on the basis of being married. If granted the visa, you will initially be given a 2-year temporary visa. After 2 years, if the relationship is still ongoing and your partner still sponsors you, you will be eligible for a permanent residence visa.

The challenge to successfully applying for this visa is being able to prove your relationship is genuine and that you have lived together for at least 12 months immediately before the date of your application. This is best achieved by providing a large bundle of documents as evidence including, phone records, emails, leases, household bills, photos, etc. This can be hard if you have been travelling all over Australia, living in variety of places and arrangements, paying cash for everything with very little by way of a paper trail. Without this paper trail, you stand little chance of success.

In this case, and if you have no other options, you can consider applying for a prospective marriage visa (sublcass 300) or getting married. Remember though, simply being married does not guarantee you that the visa will be granted. The ultimate problem with spouse visas is if the relationship ends before you gain permanent residency so does your right to hold the visa and remain in Australia on the basis of your de facto or spouse relationship. Extending your work holiday visa by 12 months - second subclass 417 working holiday visa. Most working holidaymakers are eligible to extend their visa for a further 12-month stay in Australia.

This is achieved by working for 3 months (88 days) in regional Australia (designated post code areas) in a specified occupation or employment. It is now wrong now to use the term ‘seasonal work’ as the list of occupations available to work in to be eligible for extending your visa is now far broader. The great benefit from achieving the 12-month extension, apart from seeing more of Australia, is that it gives you further time to develop other visa options to stay in Australia. Remember though, if you want to extend, don’t leave it to late. You must find work, allow for periods where you can’t work of can’t find work and you must complete your 3-months and apply for your extension of your working holiday visa before your first subclass 417 visa expires. Otherwise, the opportunity to get the 2nd year on your visa is lost.