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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The National Careers & Employment Expo

19 – 20 June 2009

The Perth Convention Exhibition Centre                                                          

The National Careers & Employment Expo brings careers, employment and training opportunities to the general public by connecting organisations with thousands of career minded individuals. The Expo provides a non-threatening environment which enables employers, education and training providers to communicate directly with potential candidates. Operating in regional & metropolitan areas throughout Australia, the Expo also focuses on the broader aspects of ‘living, learning and working’ in Australia.

Through the continued support of State and Federal Government, leading organisations and major media groups, the National Careers & Employment Expo has become the largest careers & employment event in Australia. 

With free career advice, real jobs on offer and an abundance of information available, this event is not to be missed, and best of all admission is FREE. 

For more  information please visit our website www.pcec.com.au  or 

 CALL  1300 66 71 21.

 

 

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Troy Buswell delivers $647m surplus to WA

WESTERN Australia’s Liberal Government has handed down its first Budget, delivering a $647 million surplus but warning the state will be in deficit by 2012.

Treasurer Troy Buswell today delivered his first Budget since the Liberal Government came to power last year.

He said the 2008/09 surplus of $647 million would shrink to $409 million in 2009/10, and just $23 million the following year.

By 2011/12 the state will be in deficit to the tune of $513 million.

“Over the past months, as the global economy has been in decline, the state has been hit by large downward revisions to projected taxation revenue, GST grants from the Commonwealth and mining royalties,” Mr Buswell told parliament.

“Since the mid-year review, the Budget has lost a massive $4 billion in forecast revenue from these sources.”

Last year, then treasurer Eric Ripper delivered a surplus of more than $2 billion on the back of a booming commodities sector.

Economic growth remained high at 8 per cent for the 2008/09 financial year.

But forecasts predicted growth would fall into negative territory in 2009/10, with unemployment expected to peak, and business investment to fall by 17.5 per cent.

Mr Buswell said the Government would provide a one-year payroll tax rebate to small businesses with payrolls of up to $3.2 million to help protect jobs.

“Some 6,700 small businesses will be eligible for this payroll tax rebate, which will fully offset payroll tax for around 68,000 employees,” he said.

“The cost of this rebate is estimated at $100 million.”

A $47 million jobs training and skills package, and a $8.3 billion spend on infrastructure in the next financial year are key components of the Budget.
Mr Buswell said law and order were also strong focuses, in line with the Government’s election promises to boost funding for police and pump more money into prisons

Mr Buswell said the Government’s election promise to toughen up sentencing laws and introduce mandatory sentencing for people who assault police was underpinned in the Budget by a significant investment in prison capacity.

 

A total of $655 million will be invested in 2012/13 to create an extra 1657 prison beds across the state.

A record $5.1 billion spend on health services in the next year – rising 5.9 per cent, or $282 million from last year – will include the fast tracking of forward works for a new children’s hospital, the construction stage of the Fiona Stanley Hospital, and new hospitals in two regional centres.

Mr Buswell said the Government would push ahead with public sector reforms in a bid to achieve improved performance and efficiency.

The first stage of the economic audit committee promised by the Government during the last election was complete and a range of hard decisions had delivered $7.6 billion over the forward estimates, Mr Buswell said.

“I am looking forward to the second stage of the economic audit to identify strategies for broader reform over the longer term, so we can ensure the budget stays in surplus,” he said.

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Australian share market opens higher

THE share market has opened marginally stronger the morning after the federal budget was handed down, and following a mixed lead from Wall Street.
At 10.15am (AEST), the benchmark S&P/ASX200 was up 12.1 points, or 0.31 per cent, at 3889.3, while the broader All Ordinaries gained 8.7 points, or 0.23 per cent, to 3872.3.

The four major banks were mostly higher at the open.

ANZ gained 4cents to $16.01, NAB was up 14 cents at $22.00 and Westpac was up 10 cents at $20.48.

The Commonwealth Bank, which reported cash earnings for the March quarter of about $1.15 billion, generating a cash return on equity of over 15 per cent, was down 20 cents at $36.40.

Resources weren’t as lucky, opening lower in morning trade.

Mining giant BHP was down five cents at $34.26, while rival Rio Tinto lost 4.41 per cent to $65.46.

Wall Street wobbled to a mixed finish on Tuesday as investors paused to assess gains from a long rally and mulled the new efforts to raise capital by banks and other firms.

The markets also digested better-than-expected data on the US trade deficit and reassuring comments from Federal Reserve chairman, Ben Bernanke, about the health of the banking system.

The Dow Jones Industrial Average was up 50.34 points, or 0.60 per cent, to settle at 8,469.11.
The tech-dominated Nasdaq dropped 15.32 points, or 0.88 per cent, to 1715.92 while the broad-market Standard & Poor’s 500 index lost 0.89 point, or 0.1 per cent, to settle at 908.35.

On the Sydney Futures Exchange, the June share price index contract was trading 17 points higher at 3885 on volume of 4900 contracts.
www.news.com.au

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