Student visa checks strengthened

The Department of Immigration and Citizenship is strengthening checks on student visa applications to stamp out fraud and ensure students have the financial capacity to live and study in Australia.

The Minister for Immigration and Citizenship, Senator Chris Evans said today that applications for student visas grew by 20 per cent to 362 193 in 2008-09, with almost 28 000 student visas refused, an increase of 68 per cent on the number of refusals in 2007-08.

‘While overall student visa compliance rates remain high, there are elements of concern within this large caseload,’ the minister said.

The targeted measures will address the potential for document fraud and other issues around financial capacity, identification and bona fides in some parts of the student caseload. The measures implemented with immediate effect include:

• upgrading the interview program to build a strong evidence base around fraud;
• removing or restricting eVisa access for some agents where there is evidence of fraud or inactivity, and
• restricting access to eVisa for some segments of the caseload if analysis demonstrates restricted access would allow for better control of fraud.

The measures will target parts of the student visa caseload in India, Mauritius, Nepal, Brazil, Zimbabwe and Pakistan.

‘These measures are consistent with those used by other countries that receive large numbers of student visa applications, such as the United States,’ Senator Evans said.

‘Australia’s student visa program supports the entry of genuine international students. For those students, the department provides a convenient, efficient service.

‘The message is clear: genuine international students remain welcome in Australia, but we will not tolerate fraud in the student visa program.’

The measures are part of the Government’s ongoing response to any changes in risk in visa programs and will build on work already conducted across the student visa program to combat fraud as it emerges. Similar arrangements are already in place for students from other countries, such as Sri Lanka and Vietnam.

‘Student visa requirements are aligned to the immigration risk presented by an applicant. The greater the risk identified, the more evidence required to be granted a student visa. Risk is determined by an objective analysis of visa compliance,’ Senator Evans said.

The next formal review of student visa risk framework is scheduled for 2010. The data obtained from the enhanced checking of student visa applications will help inform future reviews.

Source  :  http://www.minister.immi.gov.au/media/media-releases/2009/ce09075.htm

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Foreign students could be forced to leave – Research your migration agent first

SCORES of foreign students, suspected of using bogus documents to support permanent residency applications, have been discovered by Federal Government migration fraud investigators.

More than 60 students, whose documents were initially accepted as genuine by the Government, will be forced to leave Australia if they are unable to prove their documents are authentic.

It is the latest indication that rorting in the lucrative $15.5 billion international education industry — the nation’s third-biggest export earner — is a serious problem, which could undermine the integrity of Australia’s education and immigration systems.

The students are suspected of using fake references from employers, which claim to show they have 900 hours’ work experience in a job related to their area of study.

Foreign students are required to provide evidence of 900 hours’ work experience to support their applications for permanent residency.

Sources in the international education industry have told The Age some students pay up to $20,000 to rogue college operators or middlemen, such as unscrupulous migration agents or education agents, to obtain fake paperwork.

Trades Recognition Australia (TRA) is the body nominated by the Department of Immigration and Citizenship to assess skills, including those of foreign students. Under the Australian migration system, a successful skills assessment by TRA can be used by foreign students to support their permanent residency applications.

In the last financial year, TRA received 34,180 applications for skills assessment, about 10,000 of which were from foreign students. TRA initially accepted the documents of the students in question as genuine. But after the Federal Government received information suggesting their paperwork could be bogus, it sent letters to the students threatening to revoke their successful skills assessments if they did not prove their documents were authentic within 28 days.

More than 60 such letters have been sent to foreign students since the start of the year, with 48 sent last month alone.

The Department of Education, Employment and Workplace Relations, which investigates matters relating to international education refuses to say how many students have already had successful skills assessments revoked.

“Disclosing departmental actions as part of quality control and fraud measure could adversely impact on the administration of the program,” the department said in a statement to The Age.

The students are believed to be either close to the expiry of their student visas or on bridging visas. Either way, they will be expected to leave the country within 28 days if they are unable to prove their documents are genuine.

The identification of students suspected of using bogus documents follows the discovery of an alleged racket uncovered by the Department of Immigration and Citizenship in March.

Three migration agents were allegedly providing fake documentation to support permanent residency applications for foreign students based on their claimed skills in a number of occupations, including cooking, hairdressing, horticulture work and car mechanics.

Investigations are continuing into possible offences relating to forgery and migration fraud, which carry penalties of up to 10 years’ imprisonment.

Source  :  www.theage.com.au

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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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