Minister announces new immigration advisory council

The Minister for Immigration and Citizenship, Senator Chris Evans, today announced the establishment of the Council for Immigration Services and Status Resolution.

The council will provide independent advice on the implementation of measures associated with the government’s immigration policy initiatives including New Directions in Detention and the national rollout of the Community Status Resolution Service.

‘The Government’s focus is on resolving the immigration status of people quickly and fairly while ensuring they are treated humanely and with dignity and respect,’ Senator Evans said.

‘The council will provide independent advice on policies, services and programs to achieve timely, fair and effective resolution of immigration status for people seeking asylum or other migration outcomes in Australia.

‘The terms of reference and membership of the council reflects the range of expertise required to implement the Government’s New Directions in Detention policy.’

The council, which succeeds the Immigration Detention Advisory Group, will meet for the first time on October 21 to identify priority issues to be addressed over the next two years. The IDAG provided valuable advice on the adequacy of detention services, accommodation and facilities at immigration detention centres around Australia.

The new council will also advise on the suitability of facilities and service delivery arrangements but its major focus will be on assisting the department with strategies to resolve a person’s immigration status in a community setting rather than in a detention centre provided they pose no risk to the community.

The council will be chaired by Paris Aristotle AM, director of the Victorian Foundation for Survivors of Torture and a former member of Immigration Detention Advisory Group with more than 25 years’ experience in the field.

Other members will include:

Air Marshal Ray Funnell AC (Retd) – former Chief of Air Force and a former member of IDAG, Air Marshal Funnell will serve as the deputy chair for the group

Ms Kerrin Benson – chief executive officer of the Multicultural Development Association

Mr Noel Clement – general manager of domestic operations for the Australian Red Cross

Ms Caz Coleman – project director of the Hotham Mission asylum seeker project

Ms Libby Lloyd AM – chair of the former National Council to Reduce Violence Against Women and was recently appointed to chair the Violence Against Women Advisory Group

Dr Maryanne Loughry – associate director of Jesuit Refugee Service–Australia. Dr Loughry is a psychologist, a research scholar at Boston College and the University of Oxford and a member of the Governing Council of the International Catholic Migration Commission

Associate Professor Harry Minas – director of the Centre for International Mental Health, University of Melbourne and the Victorian Transcultural Psychiatry Unit, he is a former member of IDAG and chair of the Detention Health Advisory Group (DeHAG)

Associate Professor Nicholas Procter – Associate Professor, school of nursing and midwifery, University of South Australia

Dr Jamal Rifi – Dr Rifi is the 2009 NSW Local Hero of the Year and Recipient of 2007 Human Rights and Equal Opportunities Commission Award. He is a former Commissioner for the Community Relations Commission for a Multicultural NSW, a general practitioner and an active community volunteer

Professor Samina Yasmeen – director of the Centre for Muslim States and Societies at the University of Western Australia and a current member of the Australian Multicultural Advisory Council (AMAC).

‘I believe the new group will provide valuable perspectives and their community links will help to strengthen the provision of community services to immigration clients in support of timely case resolution,’ the minister said.

The minister acknowledged the work of members of the previous Immigration Detention Advisory Group.

‘I’d like to acknowledge and thank the valuable and long–standing contribution of members of the Immigration Detention Advisory Group since its establishment in 2001,’ Senator Evans said.

‘Their independent expert advice provided to the previous and current government has been greatly appreciated.’

Information about the Council for Immigration Services and Staus Resolution (CISSR) – Terms of Reference is available on the Department of Immigration and Citizenship’s website.
See: Council for Immigration Services and Staus Resolution (CISSR) – Terms of Reference

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Contributory Parent Visas – the end of the split family loophole

DIAC have just announced that the anyone obtaining their Contributory Parent Visa after 1 July and then planning to sponsor an existing partner will be faced with a potential 5 year wait. What this means, as an initial response, is that people going down that route who have not included an existing spouse in the application should be doing so immediately.

This is the text of the announcement:

Amendments to the Migration Regulations 1994 in relation to Contributory Parent visas and split applications

1 July 2009 Legislation Change

Client summary

From 1 July 2009, the Migration Regulations 1994 (the ‘Regulations’) are amended to prevent persons who are granted a permanent Contributory Parent category visa (Subclasses 143 and 864) from sponsoring their partner or fiancé for a Partner or Prospective Marriage visa for five years from the day of their visa grant, if they:

* were granted their permanent Contributory Parent category visa on or after 1 July 2009; and
* were in a spouse or de facto partner or fiancé relationship on or before the date their permanent Contributory Parent category visa was granted and now wish to sponsor that partner or fiancé.

This limitation may not apply in compelling circumstances which are not financially related.

Additional information:
There have been a number of instances in which couples seeking to migrate under the Contributory Parent category visa provisions have resorted to the split application strategy, whereby:

* only one member of a parent couple applies for and is granted a permanent Contributory Parent category visa; and
* once eligible (usually after two years of being lawfully resident in Australia), this parent subsequently sponsors their spouse (the other parent) under the partner visa category which has a much smaller Visa Application Charge (VAC).

Up until 1 July 2009, this strategy is not prohibited by migration legislation and it is being used in order to reduce the costs associated with migration under Contributory Parent category visa. However, it clearly undermines the Government’s policy intent of ensuring that those parents who migrate under the Contributory Parent visa category make a contribution by means of the VAC to partially offset the significant costs of parent migration to the broader community. Contributory Parent migrants are also subject to the provision of a ten year Assurance of Support (AoS) and payment of a bond.

Furthermore, those who lodge a split application benefit by by-passing the ten year waiting period for parent visa holders to access Government benefits and assistance, whilst spouse visa holders are able to access such benefits within two years of visa grant.

Amendments are being made to information products affected by this legislative change.

Source  :  http://britishexpats.com/forum/showthread.php?t=616147

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Skilled Migration: Dispelling the Myths

Source  :  Alan Collet   www.gomatilda.com

Since Australia’s Immigration Minister announced changes to the skilled migration program at the end of last year there has been a lot of misunderstanding among intending skilled migrants. In this article we try to dispel some of the myths.

In no particular order, here are some of the comments we have heard in recent months:

Australia has stopped accepting skilled migrants

Nothing could be further from the truth. In fact, Australia’s skilled migration program (the amount of visas the Immigration Minister requires his Department to grant annually) is the highest on record this year, with a planned 115,000 skilled visas to be granted in the year to 30th of June, 2009.

The skilled program for 2009/10 is planned to be 108,100, which is the third highest program on record.

By way of comparison the skilled program in the last few years has delivered the following outcomes:

 
2007/08: 108,540
– 2006/07: 97,920
– 2005/06: 97,340
– 2004/05: 77,880

My occupation is not on the Critical Skills List and I can’t be sponsored by a State or Territory Government. That means I will never get a visa.

It is true to say that the Minister’s announcements have impacted quite significantly on the processing of skilled visas, with occupations on the CSL and State/Territory Sponsored skilled visa applications being the only offshore skilled visa applications that are being processed to a decision at the moment.

However, there will come a time (we anticipate in the next 3 to 4 months) when Department of Immigration case officers will have to move onto the next category on the Minister’s priority list, namely applications where an occupation on the Migration Occupations in Demand List (or MODL) is nominated.

We anticipate that many applicants with MODL occupations will have sought sponsorship from a State or Territory Government (as MODL occupations have tended to be included on their Wanted Skills Lists) and as such we think it likely that remaining skilled visa applications will start to be looked at with a view to visas being granted during the.

It should also be remembered that when the total skilled migration program was in the region of 70,000 annually processing times were typically 9 to 12 months – even allowing for heightened demand in recent years the large program total that is now available should allow visa application processing times to be closer to 12 months over the next year to 18 months.

And as ever, the sooner a visa application is lodged the sooner a visa will be granted.

I won’t be able to obtain sponsorship from a State or Territory Government

To a verying degree all of the States and Territories in Australia are sponsoring skilled individuals for the grant of visas. Some are sponsoring for the grant of provisional subclass 475 visas (which provide for permanent residency via a second visa application once subclass 475 visaholders have been residing and working in a regional area for the required period), while others are sponsoring for subclass 176 permanent residency visas.

The key question for intending skilled migrants is therefore which States and Territories are sponsoring my occupation, and for what subclass of visa.

If I am sponsored by a State or Territory Government I will have to live there while I remain in Australia

Technically, that is not the case. If applying to a State or Territory Government for sponsorship you will be asked to provide information that demonstrates you are genuine in your intentions to reside in that State or Territory.

Indeed, in most cases you will be asked to sign an undertaking to reside in the sponsoring State/Territory for at least 2 years.

We would add that when applying for sponsorship you should be completing the application in good faith, with a genuine intention to reside in the State or Territory to which you are applying.

Note also that if applying for sponsorship of a subclass 475 (provisional) visa you will be subject to a visa condition that requires you to live and work in a regional area of Australia, and that you can anticipate that this will be checked when you apply for permanent residency in due course. 

Employers are no longer able to sponsor individuals for skilled visas

This comment is typically heard in the context of subclass 457 visas – which is the long term temporary residency visa.

It is fair to say that Australia’s Immigration Minister has sought to change 457 visa sentiment amongst employers by issuing “clarification” in the last few months in the form of policy guidance to his Department. This has included (amongst other things) requiring employers to more clearly demonstrate the benefit to Australia arising as a consequence of the employment of the nominated individual following the grant of a 457 visa.

However, this amendment of policy settings has not caused a cessation of 457 visa grants – far from it. Indeed, Go Matilda has had many 457 visas granted in the last few months.

Even if I obtain a visa, the global economic crisis means I won’t be able to get a job when I move to Australia

The Australian economy has held up remarkably well in comparison with other first world countries, and indeed has thus far avoided a technical recession. This is quite possibly due to its closer associations economically with South East Asia and China, and the financial boost associated with a growth in population, most notably through the large migration programs of the last few years.

By contrast the UK has found itself more closely aligned with the fortunes of the US, and with the collapse of wealth through banking and housing failures.

No-one can say that any one individual will be certain to secure employment when they move to Australia. However, the prospects for work are generally considered to be brighter in Australia than in the UK, US, etc, which should augur well for intending migrants.

I won’t be able to sell my house and the GBP – AUD exchange rate is awful

Yes, the economies of the world are in a dreadful state at the moment, and the bottom has fallen out of the housing market in the UK.

However, there is no requirement for you to move to Australia as soon as your visa is granted – permanent skilled visas require you to enter Australia by an initial entry date, which is usually 12 months from the earlier of the date of police clearance certificates and the date medical examinations were attended.

That required initial entry can be on a holiday, and the permanent move can be a few years later – at any time up to 5 years after visa grant – by which time we suggest the economies of the world and the currency exchange rate will be somewhat different, most probably better than they are today.

This means that applying for a skilled visa now rather than waiting could actually mean that you find yourself migrating at a better time than those who have been granted their visas in the last 12 months.

If you are a skilled individual and are contemplating a move to Australia some of the above issues might have crossed your mind.
If you would like to talk about your concerns and to discuss the migration process more fully please contact us.
Go Matilda has many years of experience assisting with Australian visa applications, and we will be pleased to have a free initial discussion about your situation, your visa strategy, and how we might help, after which we can send you a no obligation proposal as to our fees.

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