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MAJORITY OF AUSTRALIANS SUPPORT IMMIGRATION: POLL

A slight majority of voters believe immigration has made Australia a better place, an SBS-commissioned Essential Media poll has revealed. The poll found 51 per cent of respondents thought immigration was “generally positive” for the country, 35 per cent believed it was “generally negative” and 14 per cent were unsure. The top reason respondents gave for supporting immigration was “it creates economic growth”. The top reason people gave for opposing immigration was “new immigrants often fail to assimilate with the rest of the population”. Only 13 per cent of people said they opposed immigration due to overcrowding. The poll was conducted online from 24 April to 29 April and is based on 1,010 respondents.

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TRADES RECOGNITION AUSTRALIA (TRA) – UPDATE

The ongoing high demand for Provisional Skills Assessments (PSA) has caused an increase in the time it takes to complete PSA application assessments, currently around 90 days. Processing time can be reduced by ensuring that all applications are submitted ‘decision ready’ which means all necessary documentation is included. The evidence required in the application should clearly support: The applicant’s qualification or work experience claim; and, Employment information includes supervisor or employer contact details that can be clearly associated with the business. Incomplete or unclear information is a primary reason for delays and may result in an application being made unsuccessful. Supplementary information will be requested if needed for clarification but reducing the need for multiple exchanges will assist to speed up the process. Processing timeframes are also affected by a large number of general enquiries, particularly those simply seeking a status update. Applications are processed in order of receipt and TRA will not consider any requests to expedite the processing of an application. The high volume of general enquiries has a net effect of slowing assessments down. There has recently been a change in the time allowed by TRA for application documents to be submitted to the Department after the applicant has registered and paid online. From 1 April 2019, the period has been reduced to 14 days to align TRA timelines with the requirements of the Department.

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SUBCLASS 485 (TEMPORARY GRADUATE) – GRADUATE WORK STREAM (GWS) UPDATE

The Department is currently experiencing a significant increase in Temporary Graduate visa applications and is focused on managing the biggest peak for this program. The Department can make a decision on a Temporary Graduate visa application with the information provided without requesting further documentation. It is important to remember there are stringent time of application documentation that must be provided when lodging a GWS application. Temporary Graduate visa applicants must provide evidence of: Meeting the Australian Study Requirement (https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa- listing/temporary-graduate-485/australian-study-requirement); Undertaking an eligible English language test in the three years prior to lodgement or hold an eligible passport; Applying for an Australian Federal Police check during the 12 months immediately before the day the application is made. This requirement also applies to any dependant applicant included in the application who are over the age of 16; Adequate health insurance for all applicants; and Applying for a skills assessment for their nominated occupation with the relevant assessing authority. The Departmental website provides information about the program, including statistics, visa requirements, and average global processing times. See: https://immi.homeaffairs.gov.au/visas/getting-a- visa/visa-listing/temporary-graduate-485

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LATE LODGEMENT OF STUDENT VISAS

Recently the Department has noted a high volume of student visa applications that have been lodged within days of the course commence date. This includes some cases where the CoE has been issued within two days of course commencement. The Department note that processing delays may occur if an application is not lodged at least six weeks prior to course commencement and the application is ‘complete’ minimising processing delays. A complete application means that all the questions in the form are answered correctly including questions relating to previous travel, visa refusals and cancellations (for other countries) for both the applicant and their family members. The required health and character checks must also have been completed before the application is lodged, and all relevant documentation uploaded at the time the application is lodged.

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VET SECTOR UPDATE- NEPALESE STUDENT VISA COHORT

From 1 May 2019, all Nepalese citizens (both inside and outside Australia) applying for a Student visa in the Vocational Education and Training (VET) sector will be required to provide evidentiary documentation of English and Financial capacity irrespective of the education provider. This means a ‘Streamlined’ student visa applicant from Nepal wishing to study a VET sector course in Australia will need to submit documents that prove their English language ability and financial capacity to pay for their studies, living expenses and dependents (if any) at the time they lodge their visa application. The requirement to provide documentation may not yet be reflected in the Department of Home Affairs’ (the Department) online Document Checklist Tool. However, VET sector applicants are advised to submit the required documentation to lodge a complete application in addition to meeting all other visa requirements. Where this documentation is not provided with the visa application, the Department will request it. This may delay the processing of visa applications. This requirement will apply for the foreseeable future.

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Occupations in-demand that may assist with permanent residency in Australia

Many dream of migrating to another country to fulfil their dreams for better careers, for a different lifestyle for their family, or just for a new adventure. According to Culture Trip, Australia is a particularly popular destination to move abroad, because of its reputation for an excellent quality of life. Australia has one of the biggest immigration programs in the world.  Due to growing interest and migration to Australia in 2017-2018, in the 2019 budget the Australian Government has capped migration to 160,000 places for 2019-20.  The Skilled streams have been allocated 108,682 places, the family streams has been allocated 47,732 places and the special eligibility has 236 places. Of 108,682 places allocated for the skilled streams in 2019-20, only 18,652 places have been allocated to Skilled Independent visas which allow migrants to settle anywhere in Australia. This means that a major chunk of skilled migrants will settle in regional Australia, with 23,000 places allocated for regional visas. Of the 24,968 visas allocated for State/Territory nominations, a significant number of people nominated for them will be required to live outside Sydney, Melbourne, Perth, Brisbane and the Gold Coast. Occupations in Demand Based on the skills and qualifications demonstrated in the Expression of Interest submitted by a prospective visa applicant, the Department of Home Affairs invites the visa applicant to submit a visa application. As per research and data available the top 5 occupations have been: Health and social assistance occupations. In the year 2018-2019, Australia has reserved over 17,300 places for registered nurses under the Skilled stream. Nurses (Enrolled, registered, Midwife), Physiotherapist, sonographer optometrist, hospital/retail pharmacist, occupational therapist are all growing occupation with particular demand in rural and regional areas. Accountant (General). Employers in Victoria, South Australia and the Northern Territory experience difficulty in filling their vacancies for accountants. A majority of accounting graduates reported finding work within four months after graduation. Secondary school Teacher / Special Needs Teacher / Early Childhood (Pre-primary School) Teacher. The minimum points required to apply is 65 points under the Skilled Independent stream. There is a healthy market for teaching positions in Australia both in rural and metro regions. Software and Applications Programmers. This in-demand occupation attracts a very high number of applicants and the quota is exhausted quickly. Cooks. Hospitality is a fast growing industry in Australia, which means that cooks have increased chances of employment. There are also many visa pathways to Australia leading to permanent residency. The Australian Government is focused in addressing skills gaps in the economy and there is a push for more settlement in regional areas to ease population pressure in Melbourne and Sydney.  The Federal Government has introduced new pathways to migrate to Australia and live in regional Australia for 5 years. Getting Assistance If you have any questions or would like us to assist you with your migration queries to Australia, contact us without delay. At McKkr’s, we are well-trained to handle highly complex matters. Book one of our agents for professional advice by calling 02 4626 1002 or email us to book in a time at corporate@mckkrs.com.au. We also speak fluent Hindi, Nepalese, Punjabi, Turkish, Tamil, Portuguese and Marathi. If one of these isn’t your language, we can also help you arrange an interpreter.

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Common Reasons for Refusal of an Australian Citizenship Application

So you’ve been an Australian permanent resident for a while now and you’re thinking of making the next big leap… citizenship. It’s a big decision, but you’ll have to consider more than just whether you can stand to live in Australia’s perfect climate forever.  A total of 4,151 applications for citizenship by conferral were refused in 2016-17. We’re going to break down for you why that happens, so you can avoid it when you decide to apply for your Australian citizenship.   In 2017-18, a total of 80,649 people become Australian citizens by conferral from at least 180 different countries. There are many benefits of becoming an Australian citizen: making use of consulate services if one is experiencing difficulties while abroad. travelling in out of Australia without the burden of a costly Resident Return visa. an entitlement to vote. accessing certain student loans and medical facilities. applying for jobs in the Defence Forces and the Public Service. The most common reasons for refusal of Australian citizenship are outlined below.   Failing the citizenship test Although the majority of applicants do pass the citizenship test on the first attempt, a major reason for a citizenship application refusal is not passing the citizenship test. This accounted for around 1,800 of applications denied in 2016/17. So, study up!   Failure to prove identity The Department needs to be able to verify your identity for your citizenship application to be processed. As part of the process, you need to provide a photograph and a completed identity declaration signed by an existing Australian citizen who is not related to the applicant and who meets other eligibility criteria. Other verifying documents you provide need to be accurate and genuine, and align in terms of address details, spelling of names and the like.   Failure to meet character requirements To get Australian citizenship, you must satisfy the Department that you are of good character. This is evidenced by providing a clear National Police Check, or overseas penal clearance certificate from countries you have spent time in, or declaration of any convictions. It is a requirement to provide to the Department whether you’ve has been convicted of a criminal offence or received a fine, suspended sentence or a period of imprisonment. Citizenship can denied if a serious offence is deemed to have been committed.   Even minor traffic offences can impact a citizenship application if there are multiple driving offences or if you have outstanding fines.   Non-disclosure of any convictions may indicate to the Department a deliberate ‘pattern of dishonesty.’ The Department may also check against any involvement in overseas extremist organisations.   Failure to meet residency requirements Are you eligible to apply for citizenship?  An Australian permanent resident is only eligible to apply for citizenship after four years. You must also generally be onshore when making a citizenship application and genuinely want to call Australia home, and continue to build a life here. Other ways to be eligible include: living in Australia on a valid visa for the past 4 years being a permanent resident or eligible New Zealand citizen for the past 12 months being away from Australia for no more than 12 months in total in the past 4 years, including no more than 90 days in total in the past 12 months A citizenship application may be refused if the Department isn’t convinced of your intention to build a life in Australia, or maintain a close and continuing association to Australia. If you have significant business or family outside of Australia that requires you to spend a significant amount of time overseas, it may affect your Australian citizenship application.   Review Rights   If your citizenship has been refused, you can request for it to be reviewed by the Administrative Appeals Tribunal (AAT). Our professionals can assist you with all steps along the way to either lodging an Australian citizenship application, or requesting and preparing for an AAT review of a refusal of a citizenship application. At Mckkrs, we are well-trained to handle highly complex matters. Book one of our agents for professional advice by calling 02 4626 1002 or email us to book in a time at admin@mckkrs.com.au. We also speak fluent Hindi, Nepalese, Punjabi, Turkish, Tamil, Portuguese and Marathi . If one of these isn’t your language, we can also help you arrange an interpreter. Statistics for Australian citizenship refusal for 2017-18 are not available from the Department of Home Affairs.

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Blogs

Increasing number of migration agents facing disciplinary actions in Australia

The Office of the Migration Agents Registration Authority (OMARA) has sanctioned 12 migration agents in the last 6 months for violating their Code of Conduct. Of these, 4 registrations were cancelled, 5 were suspended and 3 were barred. What is the role of OMARA? OMARA registers and regulates migration agents, and provides practice guides to assist registered migration agents in meeting their obligations under the Code of Conduct. What obligations must the migration agents follow? In Australia, migration agents must be registered and they must obey a Code of Conduct in order to provide proper immigration assistance or professional services. Under the Code, migration agents have to cover several obligations, in the following (but not limited to): Interactions with the clients; Fees and charges, record keeping and financial management; Responsibilities towards other agents; Must respond if a complaint is made against them; Prominently display the Code in their office and client waiting area. What if migration agent(s) are found in breach of their code of conduct? OMARA will conduct investigations, and if found in breach of the conduct, the migration agents will be subject to a disciplinary decision which will also be made public. Recent disciplinary decisions A recent prominent decision held on 14 February 2019 involves a cancellation of a migration agent’s registration for a period of 5 years for the following grounds: The agent submitted no less than 5 fraudulent documents to the Department and had encouraged his client to be complicit in this; The agent repeatedly and knowingly provided statements to the Authority that were false and/or misleading when responding to the complaints; The agent failed to issue Service Agreements and Statement of Services to clients, despite withdrawing client monies from his business accounts; The agent failed to maintain proper and accurate client records. Another sanction decision held on 28 February 2019 involves a less harsh penalties which involves a suspension of the registration of a migration agent for a period of 3 months, on the following grounds: The agent accessed the personal and immigration information of a person who was not her client, without their knowledge or permission, using the Department of Home Affair’s Visa Entitlement Verification Online (VEVO) system; The agent withheld documents from the Authority during investigation, in order to conceal her unauthorised access of information using VEVO. For both above decisions, the Authority held that the migration agents demonstrated a blatant disregard for the law, and was not held a person of integrity, or otherwise not a fit and proper person to give immigration advice. Getting Assistance It is paramount that all migration agents familiarise themselves with the Code of Conduct on a regular basis. If you need immigration advice and/or assistance, please ensure you speak to OMARA, or you can contact us with your query. At McKkrs, we provide CPD classes for RMAs and lawyers practicing migration law and would be happy to assist you where possible. Please contact us on (02) 4626 1002 or simply email us at admin@mckkrs.com.au.

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News

IT System outage at Australian Airports

SmartGate passport control machines, which work with e-passports and use facial recognition technology to check travellers’ identities, have malfunctioned, requiring passports to be checked manually. The Australian Border Force (ABF) said it was working with the Department of Home Affairs to resolve the outage, which is affecting the processing of inbound and outbound passengers. “A number of ABF and Department of Home Affairs IT systems impacted by an earlier outage have now been restored,” a spokesman said on Monday afternoon. “The Department is continuing work to bring all systems back online, ensure the integrity of the systems and resolve any ongoing issues.”

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April 2019 Skillselect

The April 2019 SkillSelect invitation round information has been released by the Department of Home Affairs (Home Affairs). Invitation quotas have dropped significantly in a lead up to the May 2019 Federal Election and the end of the financial year. The figures provided by Home Affairs indicate that since the last round information: The number of invitations for the Subclass 189 (Skilled Independent) visa has been substantially reduced from 1,490 to 100. The minimum points score for a 189 visa invitation is currently 80 points, with a one month processing time Expression of Interest (EOI) at this score. The number of invitations for the Subclass 489 Skilled Regional (Provisional) remained the same at 10, requiring a minimum point score of 80. Processing times are around 5 months from lodgement of an EOI. The minimum points score for pro-rata occupations, or those classified as occupations for which there is more demand for places, are as follows: Accountants: 90 Auditors, Company Secretaries and Corporate Treasurers: 85 Electronics Engineer: 80 Industrial, Mechanical and Production Engineers: 80 Other Engineering Professionals: 80 ICT Business and System Analyst: 85 Software and Applications Programmers: 80 Computer Network Professionals: 80