Migration Centre of Australia

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  • August 6, 2020

Salary requirements for nominated workers

Did you know that any employer who wishes to nominate workers for subclass 482, 186 and 187 must meet certain salary and employment condition requirements? These requirements will help to ensure that: overseas workers are paid no less than an Australian worker would doing the same work in the same location, that is, the ‘annual market salary rate (AMSR)’ these visa programs are not used to undercut the Australian labour market And, if the overseas worker will be paid an annual salary less than AUD250,000 you need to show: you have determined the AMSR correctly the overseas worker will not be paid less than the AMSR, that is, less than an Australian worker would be paid both the AMSR and what the overseas worker will be paid, excluding any non-monetary benefits in both cases, is no less than the Temporary Skilled Migration Income Threshold (TSMIT). Temporary Skilled Migration Income Threshold In Australia, the Temporary Skilled Migration Income Threshold (TSMIT) is currently AUD53,900. Both the AMSR for the nominated occupation and the guaranteed annual earnings you will pay to the worker must be at least as much as the current TSMIT. The TSMIT does not include non-monetary benefits such as accommodation or a car. Such benefits must be paid in addition to the TSMIT. Annual market salary rate The Annual market salary rate (AMSR) is determined by looking at what you would pay equivalent Australian workers, enterprise agreements or industrial awards, job outlook information, advertisements for the last 6 months in the same location, remuneration survey or advice from unions or employer associations. Determining the AMSR If there is an equivalent Australian worker then… The AMSR is what you are paying this worker. If the worker’s salary is based on an enterprise agreement or industrial award, you provide: the name of the agreement or award as recorded by the Fair Work Commission, where applicable the salary level or occupation group that applies to the nomination However, if there is no relevant agreement or award, or you are paying your Australian employees above the award rate, you must provide copies of relevant employment contracts and pay slips for this employee. Some important facts that you should know: An Australian worker who is more or less experienced than the nominee and does similar work at a different pay grade is not considered equivalent to the nominee. If the nominated overseas worker will be paid less than the equivalent Australian worker, the Department will refuse the nomination. If you provide only generic market salary data or salary surveys, the Department will refuse the nomination. If there is no equivalent worker but there is an enterprise agreement or industrial award then… You must provide: the name of the agreement or award as recorded by the Fair Work Commission, where applicable the salary level or occupation group that applies to the nomination Or if there is no equivalent worker, agreement or award then… You must determine and then show us what the AMSR is. You must also be able to explain how you used relevant information to determine what the equivalent worker will be paid. The type of relevant information could include at least two of the following: Job Outlook information advertisements from the last six months for equivalent positions in the same location (e.g. state, urban vs regional area) remuneration surveys completed by a reputable organisation written advice from unions or employer associations But please note: You must provide sufficient evidence. As a general rule if you do not provide at least 2 independent sources of information in determining the AMSR the Department is likely to consider the requirement not met If you provide vague, unlabelled salary surveys and do not explain how you have determined the AMSR, the Department might refuse your nomination application. If the market salary rate determined is a ‘range’, explain and provide specific details regarding why you selected that AMSR. Our Registered Migration Agents at Migration Centre of Australia have been in the migration industry for many years and have helped thousands of clients onshore and offshore. We are trained professionals in Australian Migration Law and we are trusted providers in the industry for our services. If you want to know more about the salary requirements for skilled employees, the process of nominating a skilled worker, or your rights and responsibilities as a skilled worker in Australia, whether you are on a subclass 482, 186 or 197 visa, contact us today on (02) 4626 1002 or send us an email at info@migrationcentreofaustralia.com.au and one of my registered migration agents will be ready to help you.
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  • August 6, 2020

How to Prepare for your Australian Citizenship Ceremony

G’day! Getting your Australian Citizenship can be the happiest life-changing moment of your life and what better way to celebrate this than by acknowledging you and your family at the Australian Citizenship Ceremony! Did you know that you will not become an Australian citizen until you have attended your ceremony and made the pledge? So what should you expect? Firstly, you will be invited to attend your ceremony about 4 weeks before the event. You will receive a letter of invitation from either your local council or from the Department. The invitation will show the date, time and place of the ceremony. Unfortunately, you cannot choose where and when to attend your ceremony. And usually, your Local councils arrange the ceremonies. Who should attend You need to attend a citizenship ceremony if you: were 16 years or more when you applied do not have a permanent and enduring incapacity If you do not attend a ceremony within 12 months of your approval, the Department can review and cancel your approval. The Department might also make an exception if you have an acceptable reason for not attending within that time. Not required to attend You may not be required to attend a citizenship ceremony and make the pledge if you: are a child under 16 years are granted Australian citizenship by descent or adoption are resuming your Australian citizenship have a permanent or enduring physical or mental incapacity were born in Papua before 16 September 1975 to an Australian citizen were born to a former Australian citizen were stateless when born in Australia Any child under 16 who is included on your application will become a citizen at the same time as you. Children under 16 do not have to attend the ceremony and make the pledge, but they are welcome to do so. Unable to attend If you cannot attend your citizenship ceremony, follow the instructions in your invitation letter. If you miss your ceremony, you will receive another invitation from the Department. Guests The invitation will tell you how many guests you can invite. Your guests might have to sit apart from you during the ceremony. And make sure any children are well supervised. What happens on the day Make sure that you allow at least 2 hours for a citizenship ceremony. You should arrive about 30 minutes before the ceremony so you can register and find your seat. The ceremony itself may take about 1 hour. Most ceremonies follow a similar order of proceedings. After you are seated, there will be: a formal introduction speeches an address to participants the pledge National Anthem The presiding officer will then ask you to repeat the Australian citizenship pledge out loud. You will become an Australian citizen after you make the pledge. Congratulations! Citizenship certificate After you have made the pledge, you should receive your citizenship certificate. If your certificate is not ready at the ceremony, don’t fret, the Department will post it to you! You will still become a citizen when you make the pledge. But remember, your citizenship certificate is an important legal document! You will need it when you apply for an Australian passport. You may need it to apply for a job or join the Australian Defence Force. Keep it safe! Enrolling to vote in elections At the ceremony, you can enroll to vote in our compulsory elections. You may: complete an enrollment form at the ceremony, or take it home to complete later What to bring to the ceremony You need to bring your invitation to the ceremony and one form of photo identification: driver’s license passport, or an official document with a photograph If you do not have photo identification, then bring at least 3 documents showing your name, address and signature: bank statements utility bills, or credit card statements If you are under 16, you do not need to bring photo identification. If you want to make the Australian citizenship pledge on a holy book, bring the book with you to the ceremony. Our Registered Migration Agents at Migration Centre of Australia have been in the migration industry for many years and have helped thousands of clients onshore and offshore. We are trained professionals in Australian Migration Law and we are trusted providers in the industry for our services. If you want to know more about applying for Australian Citizenship, whether you are in  Australia or overseas, if you have applied and you have been affected by the current pandemic, or if you have any questions about your upcoming Citizenship ceremony, contact us today on (02) 4626 1002 or send us an email at info@migrationcentreofaustralia.com.au and one of my registered migration agents will be ready to help you.
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  • August 3, 2020

What is ImmiCard?

An ImmiCard is an official travel document that allows certain visa holders to travel to Australia and enter the country for the first time. It is issued to eligible visa holders who do not have and cannot obtain a passport recognised by the Australian Government. In other words, it assists visa holders to provide evidence of their (COI) Commencement of Identity in Australia and permits access to government services for certain visa holders. Two Types of ImmiCards: Evidence of Immigration Status ImmiCard Australian Migration Status ImmiCard Eligibility for Evidence of Immigration Status ImmiCard You must: Be in Australia, AND Be a holder of one of the following visas – Bridging (Removal Pending) Visa (Subclass 070) Bridging (Trafficking) Visa (Subclass 060) Bridging Visa E (Subclass 050 or 051) granted to illegal maritime arrivals Humanitarian Stay (Temporary) Visa (Subclass 449) Permanent Protection Visa (Subclass 866) Safe Haven Enterprise Visa (Subclass 790) Temporary (Humanitarian Concern) Visa (Subclass 786) Temporary Protection Visa (Subclass 785), OR Be a holder of a Document for Travel to Australia or Visa Evidence and are replacing it, OR Be an undocumented immigration detainee without a visa, OR Be a permanent resident who arrived in Australia before 1990, who does not have, or cannot obtain a passport and are unable to use Visa Entitlement Verification Online system (VEVO) Eligibility for Australian Migration Status ImmiCard You must: Be outside Australia Be a holder of Refugee visa or Special Humanitarian Programme visa To apply for an ImmiCard as a holder of Permanent Protection Visa (Subclass 866), Safe Haven Enterprise Visa (Subclass 790), and Temporary Protection Visa (Subclass 785) granted in the last 3 months, submit your visa grant letter and most recent photo identification. After you complete and submit the online application, the Department usually takes 14 days to process your application. There is no fee for issuing ImmiCards to new humanitarian and protection visa holders if issued within 3 months from the grant of the visa. For other visa holders, there is a fee of AUD $100 for issuing a new or replacing the ImmiCard. The fee for replacing an ImmiCard due to loss, damage or expiry is AUD $30. For more information or any migration assistance, Get In Touch with us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents.
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  • July 30, 2020

Suspension of General Skilled Migration Applications in Australia

According to SBS News Australia, States and territories across the country have temporarily suspended the nomination program for the General Skilled Migration Program (GSM) while they await the federal government’s allocation of state nomination places for the program year 2020-21. The General Skilled Migration Program (GSM) is aimed at overseas skilled workers who have the skills needed to fulfill occupations in Australia that is otherwise not fillable by an Australian citizen. Each year, every state receive quotas from the government, based on which states and territories nominate skilled and business migrants for Skilled Nom­inated Subclass 190 and the Skilled Regional Sponsored Subclass 491 visa categories. SBS News Australia reports that this year the Department of Home Affairs has advised the states and territories to put their programs on hold until further notice. The Department further stated that the ongoing impacts of the pandemic worldwide, both medically, socially and economically, will have a “significant influence on the shape of Australia’s Migration Program going forward”. Victoria: State nomination program remains temporarily closed. But applicants can still lodge an EOI through the Department of Home Affairs SkillSelect system. New South Wales: NSW is currently closed to applications for nomination under the Business Innovation and Investment Program (BIIP) and the Skilled Work Regional (Provisional) visa (subclass 491). The state will open to new nominations once they receive their quota for the current financial year. South Australia: The state’s business and skilled migration programs are scheduled to re-open from early August. Queensland: Business and Skilled Migration Queensland (BSMQ) has also announced that its state nomination program will remain closed until further notice. The state has declared that it will not be accepting any EOIs. The state is now awaiting advice from the Department of Home Affairs with regards to its nomination allocation for the financial year 2020-21. Tasmania: Applications remain open and will continue to be considered, but no nominations can be made until the state receives its allocation for the program year. Northern Territory: NT Government has also declared that it is currently unable to issue nominations under the skilled and business migration programs. Western Australia & the Australian Capital Territory: No update is available for Western Australia and the Australian Capital Territory. What is important to take away from this change is to know that skilled migration is integral to Australia’s migration program and economic growth, so rest assured that it will not be suspended forever! Our Registered Migration Agents at Migration Centre of Australia have been in the migration industry for many years and have helped thousands of clients onshore and offshore. We are trained professionals in Australian Migration Law and we are trusted providers in the industry for our services. If you want to know more about general skilled migration, the skilled nominated subclass 190, skilled regional sponsored subclass 491, or working in Australia in general, contact us today on (02) 4626 1002 or send us an email at info@migrationcentreofaustralia.com.au and one of my registered migration agents will be ready to help you.
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  • July 29, 2020

Your guide to the Australian Citizenship Interview and Test

Have you ever wondered what happens if you apply for Australian Citizenship? Two important components to your application will include an interview and a test! Here’s what you need to know: Interview All applicants who are required to sit the test will have an interview first. Most applicants aged between 18 and 59 at the time of application have to sit the test. Applicants aged 16 or 17 years and some applicants who are 60 and over, are also required to have an interview. If you have children included in your application they do not need to attend the appointment. For applicants required to sit the test Before you sit the test, the Department will: check your original documents confirm your identity confirm you are eligible to sit the test Applicants aged 16 and 17 years old At your interview, the Department will check: your original documents that you have a basic knowledge of English that you understand what becoming an Australian citizen means that you understand the responsibilities and privileges of Australian citizenship Applicants aged 60 years old and over The Department will check: your original documents that you understand what becoming an Australian citizen means that you understand the responsibilities and privileges of Australian citizenship What to bring to the interview At your interview, it is important that you bring the original documents for the copies that you lodged with your application, all of your original identity documents, and any other documents that you have been asked to bring. If you don’t bring all the documents your interview will be changed to a later date and the Department does not accept certified copies. Citizenship test The citizenship test is also part of the application process for most applicants for Australian citizenship by conferral. You need to pass the citizenship test to show that you have: a basic knowledge of the English language an understanding of what it means to become an Australian citizen an adequate knowledge of Australia and the responsibilities and privileges of citizenship Who sits the test Generally, if you are between 18 and 59 years old you must sit the test. You will have the opportunity to sit the test after the Department has checked your eligibility and verified your identity at your interview. Who doesn’t sit the test If you are applying for Australian citizenship by conferral, you do not need to sit the test if you: are under 18 years old at the time you apply for citizenship are aged 60 or over at the time you apply for citizenship were born to a former Australian citizen who automatically lost Australian citizenship because they become a citizen of another country when they were an adult were born in Papua before 16 September 1975 to an Australian citizen born in Australia (as Australia is now) were stateless when born in Australia and are not entitled to the citizenship of another country have a substantial impairment to or permanent loss of hearing, speech or sight have a permanent or enduring mental or physical incapacity, that means that you cannot: understand the nature of your application show that you have a basic knowledge of English show that you have an adequate knowledge of Australia and the responsibilities and privileges of citizenship Time and location An appointment will be created for you after application has been assessed. You will be notified of the date, time and place of your appointment. The time you have to wait from when you apply to your appointment date will vary. Usually if you have to sit the citizenship test, this will be organised for you t after your interview. Cost Free! You will not be charged to sit the citizenship test. The citizenship application fee that you paid covers the cost. What happens on the day? 1. Arrive on time. 2. At the test centre, a staff member will: interview you verify your identity check your original documents take your photo confirm if you can take the test 3. You will use a computer to take the test, and your result will show straight after you complete it. What happens if you pass the test? Good news! The processing of your application will continue! The Department will write to you when a decision has been made on your application. If your application is approved and you are required to attend a citizenship ceremony, you will receive a letter of invitation to attend the ceremony from either your local council or us. Generally, your ceremony will be held within 6 months from the time your application has been approved. Although waiting times can vary, especially now during the coronavirus restrictions. What happens if you fail the test? You can: retake the test on the same day if possible re-book the test for another time, especially if you need more time to prepare. You will not be charged for taking the test again. Failing the test does not affect your permanent visa or stop you from living in Australia. So never stop trying! Our Registered Migration Agents at Migration Centre of Australia have been in the migration industry for many years and have helped thousands of clients onshore and offshore. We are trained professionals in Australian Migration Law and we are trusted providers in the industry for our services. If you want to know more about applying for Australian Citizenship, whether you are in  Australia or overseas, or if you have applied and you have been affected by the current pandemic, contact us today on (02) 4626 1002 or send us an email at info@migrationcentreofaustralia.com.au and one of my registered migration agents will be ready to help you.
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  • July 27, 2020

Special Visa Arrangements for Hong Kong

Australia is offering new and extended visa options to students and skilled workers from Hong Kong, including pathways to permanent residency, amidst China’s decision to go ahead with the controversial security law in Hong Kong. In addition, Australia is also drafting plans to offer safe haven visas to Hong Kong residents living in Australia. The Safe Haven Enterprise Visa (Class XE) (Subclass 790) is a protection visa for refugees which requires you to be in Australia; be a refugee or engage in Australia’s protection obligations; and meet all other requirements for the visa. Currently, it is estimated that there are about 20,000 Hong Kong residents living in Australia who do not want to return home. Section 5H(1)(a) of the Migration Act defines a refugee as, “in a case where the person has a nationality – is outside the country of his or her nationality and, owing to a well-founded fear of persecution, is unable or unwilling to avail himself or herself of the protection of that country”. Special Visa Arrangements The special visa arrangements are aimed at attracting talent to Australia and creating more job opportunities and include: Additional five years of work rights to temporary graduate and skilled workers, with a pathway to permanent residency Five year graduate visa to students, with a pathway to permanent residency, and Five year visa for temporary skilled visas applicants if they meet the updated occupational skills lists and Labour Market Testing requirements, or qualify through the Global Talent temporary visa scheme (Subclass 124 or Subclass 858) where the candidates attract a salary at or above the Fair Work High Income Threshold of AUD $153,600. Further, for the applicants who study and work in regional areas currently, the existing arrangement will continue which already includes a pathway to permanent residency after 3 years. Furthermore, there will be enhanced efforts to attract export-oriented businesses from Hong Kong to relocate to Australia. The Hon Alan Tudge MP, Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs in a Joint statement with the Hon Scott Morrison MP, Prime Minister said that the special arrangement will benefit 10,000 existing temporary skilled, temporary graduate and student visa holders in Australia, with a further 2,500 outside Australia and 1,250 current applicants. If you want to know more about these special visa arrangements, Get In Touch with us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents to discuss your situation.
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  • July 25, 2020

July 2020 changes to Australian Migration

In response to the growing pandemic being faced by all of us at home and internationally, the Australian Government has set up some new changes that will affect the growth of Australian Migration as we enter the new financial year according to SBS News Australia. Changes across the country: Victoria The state government will start accepting new applications for the Skilled Nominated (Permanent) visa (subclass 190) and the Skilled Work Regional (Provisional) visa (subclass 491) in the financial year 2020-2021, subject to an announcement. With this said, priority will be given to occupations in sectors critical to the coronavirus response, such as medicine, infrastructure and trade. New South Wales In a significant development for visa hopefuls, NSW opened its Skilled Work Regional (Provisional) visa (subclass 491) – applications for which closed on June 26, 2020. The state relaxed the 12-month living and removed the working requirement paving another pathway for skilled migrants planning to work and live in the state. South Australia The state has said it will reopen its nomination application system for 190/491 in early August, subject to an announcement. Western Australia The WA government made changes to their occupation list on 16 June 2020, removing Registered Nurse (Mental Health) (254422) and adding Nuclear Medicine Technologist (251213) and Physicist (234914) – with the specialisation of Medical Physicist. Queensland Business and Skilled Migration Queensland (BSMQ) has also closed its state nomination program. The state is now awaiting advice from the Department of Home Affairs with regards to its nomination allocation for the financial year 2020-21. Northern Territory The NT program remains closed to offshore applicants at this stage. New eligibility requirements for all nominations will apply as of 1 July 2020. It is said that international students living in the territory will have a higher chance to be considered for the permanent residency visa nomination. Australian Capital Territory In Australian Capital Territory, only 81 invitations were issued for subclass 190 in the latest round on June 3, as compared 485 in the previous round. Whereas, no invitations were issued for subclass 491 owing to “sufficient applications in the queue,” as per information available on the state website. The next invitation round is due on or before 15 July, subject to an announcement. Tasmania Tasmania has allowed some flexibility for some applicants affected by COVID-19 who are trying to meet the requirements for state nomination. As of 20 March 2020, 491 applications have been temporarily restricted until further notice to occupations listed in the ‘high demand’ section of the Tasmanian Skilled Occupation List (TSOL). Processing times Unfortunately, due to the international lockdowns, visa processing times have been greatly affected leading to ‘significant’ processing delays due unavailability of key assessment services and the consequent inability of applicants to meet visa criteria. According to SBS News Australia, a spokesperson for the Department of Home Affairs earlier said: “Visas continue to be processed during the coronavirus pandemic, though some applications may take longer as international shutdowns have made it difficult to source supplementary information like health and character checks.” It looks like it will be a long road ahead for now until everything returns to normal… Our Registered Migration Agents at Migration Centre of Australia have been in the migration industry for many years and have helped thousands of clients onshore and offshore. We are trained professionals in Australian Migration Law and we are trusted providers in the industry for our services. If you want to know more about applying for an Australian visa, whether you are in Australia or overseas, or if you are currently a visa holder who has been affected by the current pandemic, contact us today on (02) 4626 1002 or send us an email at info@migrationcentreofaustralia.com.au and one of my registered migration agents will be ready to help you.
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  • July 23, 2020

Traveling on a Bridging Visa

If you are waiting for your visa application to be processed and you wish to leave Australia while you wait, you can! As you may not already know, a bridging visa is a temporary visa we might grant you in certain circumstances. Bridging visas let you stay in Australia lawfully while your immigration status is resolved. And the type of bridging visa we might grant you depends on your circumstances. While bridging visas let you remain in Australia lawfully, only a Bridging visa B (BVB) will let you leave and re-enter Australia while you wait for a decision. You might be eligible for a BVB if any of the following circumstances apply to you: you hold a BVA or BVB you are awaiting a decision on an application that is not yet finally determined or is at judicial review you have a good reason for leaving and returning to Australia while you wait for the outcome of your visa application A BVB lets you remain in Australia while we process your substantive visa application, or if you await a judicial or merits review. It will also have a defined travel period. So, you can leave Australia and re-enter on a BVB within this defined travel period. If you are in Australia when the travel period ends and you need to travel outside Australia again, you can apply for another BVB. When the Department determines the BVB travel period they will consider why you want to travel and the period of time it takes to likely make a decision on your substantive visa application If you want to apply for a BVB, you will need to: provide evidence of your reason for travel outside Australia let the Department know when you intend to travel As always, your visa grant notice will clearly define the travel period of your BVB if it is granted. Unfortunately, the Department can’t change or extend the BVB travel period after it is granted. You should consider applying for a BVB no more than 3 months and no less than 2 weeks before you want to travel. Did you know that you can hold a substantive visa and a BVB at the same time? If you still hold a substantive visa that lets you leave Australia and return, but you think it might expire before you re-enter Australia, you might still choose to apply for a BVB and wait until it is granted before you travel. As long as you return to Australia within the BVB travel period, you can stay in Australia on the BVB while you wait for our decision on your visa application. You will be notified of the specified travel period of the BVB in your visa grant notice if you are granted the visa. You can’t re-enter Australia on a BVB after the travel period ends. And, if you are outside Australia when the travel period ends, you will need to apply for and be granted another visa before you can re-enter. If you are in Australia when the travel period ends and you need to travel outside Australia again, you will need to apply for another BVB. Your BVB ends if: you are granted the substantive visa you applied for you are granted another bridging visa the Department cancels your BVB or the substantive visa you held when you were granted the BVB you are outside Australia when the travel period ends you leave Australia after the travel period ends Our Registered Migration Agents at Migration Centre of Australia have been in the migration industry for many years and have helped thousands of clients onshore and offshore. We are trained professionals in Australian Migration Law and we are trusted providers in the industry for our services. If you want to know more about traveling and applying for a Bridging Visa B (BVB), contact us today on (02) 4626 1002 or send us an email at info@migrationcentreofaustralia.com.au and one of my registered migration agents will be ready to help you.
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  • July 20, 2020

Meeting the Character Requirements for Visas

Most of the Australian visas have an eligibility criteria that the applicant must meet the character requirements. If you do not meet these requirements, the Department may refuse your application or subsequently cancel your visa if you do not remain of good character. Section 501(6) of the Migration Act 1958 (Cth) outlines the character requirements. Accordingly, the Department may refuse to grant your visa if you do not pass the character test, determined by the following: Having a substantial criminal record Having been convicted of escaping from immigration detention, or convicted for an offense that you committed in that regard Being or having been a member of a group or organization, or been associated with such groups that are reasonably suspects of being involved in criminal conduct Having been involved in people smuggling, people trafficking, genocide, a war crime, a crime against humanity, a crime involving torture or slavery, or a crime of serious international concern, where reasonable suspected Having criminal or general conduct showing that you are not of good character There is a risk that you would: engage in criminal conduct harass, molest, intimidate or stalk another person vilify a segment of the Australian community incite discord in the Australian community be a danger to the Australian community, While you are in Australia Having been convicted, found guilty or had a charge proven for, one or more sexually based offenses involving a child Being subject to adverse security assessment by the Australian Security Intelligence Organization Being subject to an Interpol notice, where it is reasonable suspected that you are a risk to the Australian community Being or having been convicted of a domestic violence offense. While lodging your visa application, you must answer all the questions correctly and declare all your criminal conduct, if any. The Department considers all circumstances of a case to decide whether the visa is to be granted, even if you do not meet the character requirements, including: Protection of the Australian community Best interests of children Australia’s International legal commitments Impact of visa refusal or visa cancellation on your family Impact on Australian businesses and the Australian community If you do not declare your criminal history completely and correctly, the Department may refuse your visa application. The graph below shows number of visa refusals and visa cancellations by the Department from 2012 to 2019.   *Source: Department of Home Affairs In certain cases, you may appeal the decision of visa cancellation or refusal to the Administrative Appeals Tribunal (AAT) for failing to meet character requirements. If you are facing any such difficulty or need migration assistance, Contact Us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents in Sydney to discuss your situation.
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  • July 16, 2020

What Happens When your Visa is Cancelled?

Having your Visa cancelled can be the most distressing and stressful experience. But what is behind a visa cancellation? For a visa to be cancelled, only the Minister or a delegate of the Minister can grant, refuse or cancel a visa which can be discretionary, mandatory or by operation of law. In some circumstances, you can ask the Department to cancel your visa! However, cancelling any visa is at the discretion of the Department. Unfortunately, if your visa is cancelled, the Department may also cancel the visas held by any of your family members. Your employer, a sponsor or family member cannot cancel your visa. However, a person with parental responsibility can request us to cancel the visa of a person under 18 years old. There are many reasons why your visa may be cancelled. Some reasons can be if: you were non-compliant with visa conditions you did not meet our character requirements you provided false information on your visa application Did you know, that the Minister has the power to refuse or cancel your visa if you do not pass our character test? If you have had a visa refused or cancelled on character grounds since you last arrived in Australia the only visa you can apply for is a Protection visa. If you are removed from Australia on character grounds, you may have difficulty satisfying the character test when applying for another visa to re-enter Australia. In cases where you appear to fail the character requirements, you will be given an opportunity to put forward reasons why your visa should not be cancelled before the Department cancels your visa. Your visa might also be cancelled if you are involved in paying for visa sponsorship. This means if you initiated or were complicit in the paying for sponsorship or your intent in coming forward (whistle-blower, actively providing us with information) for such a matter. Your student visa can also be subject to cancellation if you are no longer enrolled in a registered course. Your enrollment ends when you complete the course, even if this is earlier than the end date on your Confirmation of Enrollment. What you must do after you complete your course depends on your enrollment arrangement. If you complete the course for which your visa was granted, you will have 3 months to depart Australia or apply for another visa. So it’s important to always keep on track of things! Other reasons why your student visa may be cancelled include: you complete the course for which we granted your student visa and you do not leave Australia or apply for a new visa within 3 months. you have changed courses since we granted your student visa and your new Confirmation of Enrolment for your principal course has an earlier end date and you do not leave Australia or apply for a new visa within 28 days of completing the course. you are studying more than one course on your visa (course packaging) and you finish a course early and have a gap between courses of more than 2 months (except if this gap occurs between the end of an academic year and the beginning of a new academic year). Another reason why your visa can be cancelled is if you contravene Bio security Laws. It is important to declare certain food, plant material and animal items from overseas as these items may: introduce serious pests and diseases into Australia devastate our valuable agriculture and tourism industries and our unique environment The Minister has the power to cancel your visitor visa in immigration clearance if you: fail to meet the requirements to answer questions about goods do not follow directions given by a Bio security officer in relation to goods or baggage provide false or misleading information or documents to a Bio security officer The Minister has the power to cancel a temporary visa if you import objectionable goods and materials without permission. If your visa is cancelled and you attempt to make another visa application while you are in Australia, you may be granted a Bridging Visa A (BVA) or other Bridging visa. The bridging visa comes in to effect when your current visa ceases. You need to comply with the conditions of your current visa until the bridging visa comes into effect. Cancelling your visa will cause your Bridging Visa A to cease at the same time. If your current visa is cancelled, you will need to apply for is a Bridging Visa E. This will not affect your current visa application, however, you will have limited visa options if your current visa application is not granted. However, if the Department refuse or cancel your visa, you might be able to request a review of the decision. You cannot appeal a decision if it was made by the minister personally. The independent Administrative Appeals Tribunal (AAT) is responsible for reviewing departmental decisions including visa cancellation decisions.  To seek a review by the AAT, you must lodge your application by the date specified in your decision notification letter. Our Registered Migration Agents at Migration Centre of Australia have been in the migration industry for many years and have helped thousands of clients onshore and offshore. We are trained professionals in Australian Migration Law and we are trusted providers in the industry for our services. If you want to know more about the visa cancellations, or you wish to speak to us directly about applying for a visa in Australia or having your visa cancellation or refusal reviewed, contact us today on (02) 4626 1002 or send us an email at info@migrationcentreofaustralia.com.au and one of my registered migration agents will be ready to help you.
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