Welcome to Parish Patience Immigration Lawyers
Australia's premier immigration law
specialists
Parish Patience Immigration provide a full range of immigration and visa services.
Managing partner David Bitel is
accredited as Specialists in Immigration Law by the Law
Society of New South Wales.
Our professionals provide expert assistance with:
- Onshore & offshore applications
- Temporary & permanent residence
- Skilled, employment & business
- Students, visitors, holidaymakers
- Family, partner & spouse
- Sportspersons & distinguished talent
- Refugees & asylum seekers
- Visa cancellation
- Detention & deportation
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- Health or character matters
- Migration Review Tribunal (MRT)
- Refugee Review Tribunal (RRT)
- Administrative Appeals Tribunal (AAT)
- Appeals to Federal Magistrates Service, Federal Court & High
Court
- Citizenship
- All other visas & immigration related matters
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What's New
Other than New South Wales, all states and territories in Australia have now released their State Migration Plan (SMP).
The Plans aim to provide the states and territories with flexibility in tailoring their individual labour market needs and addressing specific skill shortages to each jurisdiction. The program is in line with the government’s initiative in a demand- focused general skilled migration program.
Applicants who apply under the new SMP will receive second level priority processing, after those applications for the Employer Nomination Scheme and Regional Sponsored Migration Scheme. Existing state sponsored applicants whose nominated occupation also falls under the new SMP will also be processed under the new SMP.
Currently there are about 23,000 places allocated to the total SMP 2010-2011 program by the Minister. Under the agreement, the number of the skilled migrants that each of the governments can sponsor is limited to the number of applicants in each occupation on that Government’s SMP and by overall quota for the planning year.
The occupations on the SMP from the Schedule 4 of the new Skilled Occupation List, the number of occupations and requirements for each occupation and for each state and territory vary significantly. Most occupations have much higher requirements than the DIAC’s standard requirements.
For further information see:http://www.immi.gov.au/skilled/general-skilled-migration/pdf/statmig-fs.pdf
and contact Jack Li of our office.
Last update: 3 February 2011
The High Court Declares Offshore Processing Invalid
The High Court of Australia has unanimously held that Australia's offshore processing regime is invalid. Effectively the Federal Government can no longer refuse to allow the courts to review decisions processed offshore.
Today the High Court declared that two Sri Lankan citizens who arrived at Christmas Island by boat were denied procedural fairness in the review of the assessment of their refugee claims. The Court held that it was an error of law for a person conducting a review of a refugees claim as part of the offshore processing regime not to treat provisions under the Migration Act 1958 and the Australian courts decisions as binding.
This is welcome news for all offshore refugee applicants in detention where they should be treated equally to other refugee applicants under the Australian Law.
Please refer to the High Court decision for details:
Last update: 11 November 2010
The Minister is scheduled to announce imporant changes to the Point Test System on the 10 November 2010.
The Immigration Minister is scheduled to announce major changes to the point test system under the general skills migration program tomorrow, addressing some of the issues with the current point test system.
Some major changes according to the Migration Institute of Australia include:
- The bundling of qualifications and work experience to achieve the majority of points;
- An increased of the GSM age limit to 50 years of age;
- The inclusion of two additional recognised English language tests;
- The degree of relationship between sponsor and applicant now determining points awarded for sponsorship;
- Sponsors now must be Australian citizens of at least five years and resident of at least the two years immediately prior to application; and
- Regional family sponsors now must be residents of a designated area for at least two years immediately prior to application.
Last update: 9 November 2010
ACT Releases Its State Migration Plan
Following the recent release of the SMP by Victoria, the ACT government releases its SMP today.
The list of occupations is argubly the most comprehensive ACT sponsorship list to date, including popular occupations such as business professionals such as accountants, marketing and HR professionals, managers; science and IT professionals, engineers; to social and welfare workers; to popular trade occupations such bankers, cooks, pastry cooks, hairdressors; and other occupations which were not on the Skilled Occupations List before 1 July 2010.
We note the following basic requirement for the ACT government sponsorship.
- have an occupation on the ACT SMP Occupation List;
- have skills and experience that will be of benefit to the ACT economy;
- have sufficient English language ability which will provide reasonable employment opportunities in the current Canberra labour market;
- have an occupation with sufficient employment opportunities in an industry relevant to the ACT at time of lodgement;
- meet the minimum English ability criteria:
- for ANZSCO Major Group 1 – hold a current IELTS result with a score 7 in each band (regardless of passport held);
- for all other ANZSCO Major Groups (2, 3, 4, 5, 6 or 7), either:
- hold a passport from the United Kingdom; Canada; New Zealand; United States of America; Republic of Ireland; or
- hold an IELTS result with a minimum score of 7 in speaking and 7 overall.
- meet the following work experience criteria:
- Occupations which with Limited number requires IELTS speaking of 8.0 and 8.0 overall.
- higher English requirements for some occupations
- Skilled-Sponsored Subclass 176 applicants must have at least 3 years recent, full time work experience in the nominated occupation. The work experience must be relevant to the ACT;
- Skilled-Sponsored Subclass 886 applicants:
- Canberra graduates must have at least six months, post graduate, full time, ACT work experience in a skilled occupation;
- Interstate graduates must have at least nine months, full time, ACT work experience in the nominated occupation.
- have sufficient financial resources to settle in Canberra while seeking employment;
- have a demonstrated genuine commitment to working in Canberra for at least 2 years from visa grant; and
- meet all visa requirements for General Skilled Migration see www.immi.gov.au.
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For further information please visit the ACT Government website.
Please contact Jack Li in our office should you require further assistance.
Last update: 8 November 2010
State Migration Plans and the Effect to the Processing Arrangement on Existing GSM Visa Applications
Following the recent release of the Victorian State Migrations Plan (SMP), other states are expected to soon follow. The department released important announcement on the processing arrangement to current GSM visa applications:
Existing State Sponsored Applications Under Processing
If the applicant’s nominated occupation is on the SMP of the respective nominating state or territory, the application will be processed under category 2 of priority processing per the Ministerial Direction 48 made on the 14 July 2010. For details, please refer to DIAC website.
If the applicant’s nominated occupation is not on the nominating state’s or territory’s SMP, the application will not be processed under category 2 of the priority processing arrangement.
If the applicant’s nominated occupation is not on the SMP of the nominating state or territory, the applicant may apply for nomination to a different state or territory and receive priority processing under category 2.
Applications for Permanent Visa (175, 176 family sponsored, 885 and 886 family sponsored) Lodged before 1 July 2010
Applicants are able to seek nomination under the SMP and receive priority processing under category 2 if nominated by a state or territory government.
Applications for Permanent Visa (175, 176 family sponsored, 885 and 886 family sponsored) Lodged after 1 July 2010
Applications can not be assessed under the SMP. To receive priority processing under the SMP a new visa application is required.
Applications for Provisional Visa (475 and 487 family sponsored)
Applications can not be assessed under the SMP. To receive priority processing under the SMP a new visa application is required.
For details, please refer to DIAC website or contact Jack Li in our office.
Last update: 4 November 2010
Victorian Government Releases Its State Migration Plan
Victoria is the first state to implement the State Migration Plan (SMP) since the major reform in the General Skills Migration Program on 1st July 2010, ending the long and anxious wait for many potential GSM visa applicants.
Under the Victorian SMP, a total of 4500 places is available for visa grants in the 2010-11 financial year. This includes the primary visa applicants and their accompanying family members.
To be eligible, applicants generally need to satisfy the basic DIAC visa requirements, as well as additional criteria for the Victorian government sponsorship.
Applicants are generally required to nominate an occupation on the eligibility list, minimum two years or more of post qualification work experience, score competent English or above. Many occupations such as accountants and engineers have higher English requirements where proficient English is required. Victorian government does not participate in the concessional English program.
Subclass 475 and 487 sponsorship applicants are required to have offer of employment by a Victorian employer in an occupation on the eligibility list.
Subclass 886 sponsorship applicants may be required to have an offer of employment or minimum number of years of experience in the nominated occupation.
Though there is no strict job offer requirement for subclass 176 sponsorship applications, a minimum number of years of experience in the nominated occupation or minimum English language standards may be required.
Current students studying in Victoria may apply for subclass 176 sponsorship. They must have worked in their nominated occupation within the past twelve months.
For further information please visit the Victorian Government website.
Please contact Jack Li in our office should you require further assistance.
Last update: 2 November 2010
The long waited new SOL list was finally released by DIAC on 1 July 2010. The new list is based on the new Australian and New Zealand Standard Classification of Occupations (ANZSCO) replacing the Australian Standard of Classification of Occupations (ASCO) previously used. Readers should be aware there are significant changes in the classifications of occupations and criteria in the ANZSCO compared to ASCO. For instance, Accountants are subdivided into Accountant (general), Management Accountant and Taxation Accountant. Compulsory registration or licensing is required for Accountants.
State and Territory governments may also sponsor applicants with occupations not on the new SOL under the new state/territory migration plans which are expected to be implemented in the second half of 2010.
For assessment of eligibility to apply for a general skilled visa, please contact our office for individual advice.
For detailed summary of recent changes to the General Skills Migration Program, please refer to the DIAC website.
You may have already been aware of the recent changes on 08 February 2010 in the General Skilled Migration Program announced by the Minister for Immigration and Citizenship, Chris Evans. We now summarise for your information the further advice from the Migration Institute of Australia (MIA) in relation to these changes:
All OFFSHORE GSM applications lodged before 1 September 2007 cancelled
All OFFSHORE GSM applications lodged before 1 September 2007 will be withdrawn from processing and the applicants will have their visa application charge refunded. This does not apply to onshore pre 1 September 2007 GSM applicants.
This will affect about 20,000 applicants.
Offshore GSM applications made before 1 September 2007 and which are currently at the Migration Review Tribunal will be subject to this change.
The Migration Review Tribunal is considering its refund policy in relation to these cases and we will advise you we hear further if you have a pending application for review with the MRT.
Removal of MODL
The Migration Occupation in Demand List (MODL) has been revoked.
The revocation of the current MODL will not affect those who at 8 February 2010:
- hold a Skilled—Graduate (subclass 485) visa, or have a pending subclass 485 visa application and are yet to apply for a permanent or provisional General Skilled Migration (GSM) visa, or
- have a pending GSM visa application.
Applicants who lodged a GSM application before 8 February 2010 are not affected by the revocation of MODL.
The legislative instrument specifies a new Migration Occupation in Demand List which is for applicants for Subclass 885 Skilled – Independent, Subclass 886 Skilled – Sponsored and Subclass 487 Skilled – Regional Sponsored visas who:
- held a Subclass 485 Skilled – Graduate visa at the date of commencement of this instrument; or
- had made an application for a Subclass 485 Skilled – Graduate visa that is not finally determined at the date of commencement of this instrument;
- and who made their application on or before 31 December 2012.
This new MODL has the same occupations listed as the previous MODL.
It is, of course, still possible to lodge a GSM application now, but MODL points are not now available for new applications.
New Skilled Occupation List second half of 2010
A new SOL will come into effect from mid-2010 for all GSM applications lodged on or after that mid-2010 date, except GSM applicants who at the date of announcement ( 8 February 2010):
- hold a Skilled—Graduate (subclass 485) visa, or had a pending subclass 485 visa application and had not yet lodged an application for a provisional or permanent GSM visa and who make an application by 31 December 2012, or
- have a pending GSM visa application.
The new SOL will not apply to people applying for a Skilled—Graduate (subclass 485) visa who at 8 February 2010 held a:
- Vocational Education and Training Sector (subclass 572) visa
- Higher Education Sector (subclass 573) visa
- Postgraduate Research Sector (subclass 574) visa.
However these student visa holders will be required to have an occupation on the new SOL to apply for a permanent GSM visa.
Current DIAC information suggests that applications lodged between 08 February 2010 and Mid 2010 will be assessed on the Skilled Occupation List at the time the application was lodged. However, there is still no information about this. We will advise when we hear further.
State and Territory governments may be able to offer nomination to GSM applicants with occupations not on the SOL if it is in accordance with “a state migration plan approved by the Minister”.
We assume that the Minister will give prospective migrants a couple of months before the new Skilled Occupations List takes effect. We will advise once this has been confirmed.
The new Skilled Occupation List will be determined by Skills Australia, which is an independent statutory body.
Changes to Priority Processing from 8 February 2010
The new priorities groups are:
- ENS and RSMS applications (highest priority)
- Applications nominated by a state/territory government “under a state migration plan agree to by the Minister”
- Applications nominated by a state/territory government and nominated occupation is on the CSL
- Applications not sponsored or state/territory nominated, with nominated occupation is on the CSL, but not in groups 1, 2 or 3
- Applications nominated by a state/territory government and nominated occupation is not on the CSL
- Applications with nominated occupation on the MODL
- All other applications processed in the order they are received
Priority processing applies to the following visa sub-classes:
- 134, 136, 137, 138, 139, 175, 176, 475, 487, 495, 496, 497, 861, 862, 863, 880, 881, 882, 885, 886.
These changes apply to all applications in the pipeline and to applications lodged after 8 February 2010.
Priority processing does NOT apply to: 476, 485, 883, 887
Applications with the MRT are not subject to priority processing if they are remitted to DIAC
Critical Skills List and Priority Processing
The Critical Skills List (CSL) will be abolished when the new Skilled Occupation List comes into place in mid-2010.
Priority processing arrangements using the CSL will continue for permanent skilled migration until they are reviewed in 2010.
State migrant plan
State migration plans are to be developed by the state and territory governments and will included occupations that are in demand for each state or territory. They have to be approved by the Minister for Immigration and Citizenship. None has yet been approved.
Review of GSM Points Test
There will be a review of the GSM Points Test in the first half of 2010.
The Minster said in his speech that the review would consider:
- should some occupations warrant more points than others?
- are the points for age properly calibrated?
- should points be awarded for qualifications acquired overseas from prestigious universities?
- are sufficient points awarded for experience?
- should more points be awarded for excellence in English?
Advice for onshore international students
Given the current and future changes to the GSM program, many international students will have concerns and questions about their future options.
However, students must also be advised that until details of a new SOL or any changes to the Points Test are announced, there can be no certainty.
Skills assessment for GSM applicants nominating a trade occupation
DIAC has provided some clarification of skills assessment requirements for GSM applicants from 1 January 2010 who nominate a trade occupation.
The amendments introduced on 1 January 2010 require applicant who nominate a trade occupation to provide a skills assessment dated on or after 1 January 2010.
DIAC now says that those people will be able to use an existing (that is, pre- 1 January 2010) skills assessment.
It is intended that in the future, applicants nominating a trade occupation for permanent migration will be able to provide an existing skills assessment when applying. This includes assessments predating 1 January 2010 and will mean that applicants will no longer be required to obtain a further skills assessment. It is intended that these arrangements commence in the first quarter of 2010.
We are awaiting further advice about how and when this will be announced or come into effect.
GSM Applicants who nominate a trade occupation and who do not have a pre-1 January 2010 skills assessment will have to satisfy the Job Ready Program (JRP) skills assessment requirements.
In the future
The Minster intends to amend the Migration Act to give him powers to set the maximum number of visas that may be granted to applicants in any one occupation.
Minister has asked DIAC to explore the feasibility of introducing a new system where applicants initially put forward their claim for skilled migration, and are then selected as candidates by employers, State and Territory governments, or by the Commonwealth.
Top priority will continue to be given to employer sponsored migration. As there is a fixed number of places for all skilled migration, as the number of employer sponsored migrants increases, the number of independent skilled migrants will decrease.
In addition you will be aware that significant changes took place on 01 January 2010 and we provide the following links to the DIAC website which contain summaries of the major changes relating to:
If your wish to discuss the impact of these changes on your case please make an appointment to meet our Mr David Bitel, Accredited Specialist in Immigration Law, MARN 9255523 or one of the other migration agents in our office. A consultation fee will apply (Please understand that we are now receiving a large number of enquiries daily and are in consequence heavily booked for several weeks. We are not able to provide detailed client specific advice by email, because of the need to tailor the advice to each individual case. If you wish an appointment please contact us to arrange it.
Visa application charge exemptions for students affected by an education provider closure
On 9 November 2009, the Minister for Immigration and Citizenship announced that under new changes, international students affected by the closure of their education provider in 2009 will be eligible to apply for a refund of their visa application charge. The new changes will apply to affected students who need to apply for a further Student visa to complete their studies at a new institution.
It is also proposed to introduce a visa application charge exemption for students affected by the closure of their education provider from 1 January 2010.
Proposed changes to student visa living costs and evidence of funds
The Government has also announced that Regulation changes are being proposed to increase the living cost requirement from $12,000 per year to $18,000 per year for the Student and for family members. There will also be other significant changes. Subject to approval by Parliament and the Governor-General, these changes will come into effect from 1 January 2010.
See the following for more information:
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