Tuesday 29 November 2016

How To Apply for Visa Police Clearances

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Depending on the Australian visa which you are applying for, you may be required to provide police clearances to demonstrate that you are of good character. This is otherwise referred to as the 'character test' and is described in law here.

Importantly, applicants over the age of 16 may be required to provide a police clearance from any country they have lived in for 12 months or more (cumulatively) within the last 10 years (including Australia). For example, if you lived in Italy for 3 months between 2013-2014, and then another 9 months between 2015-2016, then you would have lived in Italy cumulatively for 12 months and be required to provide a police clearance from that  country.

Accordingly, please see below for a step-by-step breakdown on how to obtain police clearances from each respective country.

Step 1: Visit the DIBP Website

In order to determine the steps involved for each respective country, first click on this link

Step 2: Locate The Specific Country

You will then need to scroll down and locate the country you are intending to apply for a police clearance from. In the example below, we are looking for 'Italy'.
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Step 3: Police Check Sub-Section

You then need to scroll down to the sub-section titlted 'Police Check'. Click on this to expand that section.
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Step 4: Read and Follow the Instructions

The sub-section will contain the process involved in obtaining the police clearance from that specific country. Keep in mind that each country will have different processes, so please read carefully!
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Australian Police Clearances

If you have been in Australia for longer than 12 months (at the time that your visa is eventually assessed by the DIBP), then you may also be required to provide an AFP National Police Check.

​To arrange this clearance, you can apply online here. 

Please note the following:
  1. Fingerprints are not required
  2. The type of clearance you are required to obtain is a full/complete disclosure document
  3. It must contain all your current and previously known names (i.e maiden names)
  4. If requested to provide a code, you should select '33'

If you require the representation of a Migration Lawyer in Brisbane today, then get in contact on 1300 644 788 or send your enquiry here.

Also, click here for more informative blogs by our Immigration Lawyers.

Otherwise you can find us at the following address:

Salvo Migration
320 Adelaide St
Brisbane QLD 4000
https://goo.gl/Bao5ma  


Originally Published here: How To Apply for Visa Police Clearances

Sunday 20 November 2016

Proposed 457 Occupation List Changes

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The recent scrunity on the Subclass 457 visa  does not seem to showing any signs of slowing with recent comments by Minister for Immigration, Peter Dutton, suggesting that the list of jobs eligible to be sponsored under the visa may soon be reduced. Currently, employers looking to sponsor skilled foreign workers are limited to those occupations on the Consolidated Sponsored Occupation List with certain occupations also requiring that the employers demonstrate 'labour market testing' (i.e advertising locally) before being eligible to nominate a foreign worker for the 457 visa. 

When or what these changes will be to the list remains to be seen, however once again, the Subclass 457 visa seems to be at the forefront of political debate accross the country. 

If you require the representation of a Migration Lawyer in Brisbane City today, then feel free to contact us on 1300 644 788 or send your questions here.

Also, click here for more useful blogs by our Migration Agents.

Otherwise you can contact us at the following address:

Salvo Migration
320 Adelaide St
Brisbane QLD 4000
https://goo.gl/Bao5ma  

​Original story here.


Originally Published here: Proposed 457 Occupation List Changes

Sunday 13 November 2016

457 Standard Business Sponsorship Obligations

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Standard Business Sponsors, or otherwise referred to as Subclass 457 Sponsors, must adhere to certain sponsorship obligations for each year that they are an approved 457 sponsor. Failure to adhere to these sponsorship obligations can lead to a variety of sanctions including:

Administrative Sanctions


  • cancelling the sponsor’s approval as a sponsor
  • barring the sponsor, for a specified period, from sponsoring more people under the terms of one or more existing specified approvals for different kinds of visa (however described)
  • barring the sponsor, for a specified period, from making future applications for approval as a sponsor in relation to one or more classes

Enforceable Undertaking

You could be invited to enter into an enforceable undertaking.  Enforceable undertakings require you to promise, in writing, to undertake to complete certain actions to demonstrate that the failures have been rectified and won’t happen again. 

Civil

The DIBP can issue an infringement notice of up to AUD 10,200 for a body corporate and AUD 2,040 for an individual for each failure. The DIBP can also apply to a court for a civil penalty order of up to AUD 51,000 for a corporation and AUD 10,200 for an individual for each failure.

Accordingly, 457 sponsors must:
  • cooperate with inspectors
  • ensure equivalent terms and conditions of employment
  • keep records
  • provide records and information to the Minister
  • tell us when certain events occur
  • ensure  the visa holder  participates in the nominated occupation, program or activity
  • not recover from, transfer or charge certain costs to another person
  • pay travel costs to enable sponsored people to leave Australia
  • pay costs  to remove unlawful non-citizens
  • provide training to Australians and permanent residents
  • not engage in discriminatory recruitment practices.

For more information, download our 457 Sponsor Obligation PDF Handout here.

If you require the assistance of a Immigration Lawyer in Brisbane today, then give us a call on 1300 644 788 or leave your enquiry here.

Also, click here for more useful blogs by our Migration Lawyers.

Otherwise you can contact us at the following address:

Salvo Migration
320 Adelaide St
Brisbane QLD 4000
https://goo.gl/Bao5ma  

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Originally Published here: 457 Standard Business Sponsorship Obligations

Thursday 3 November 2016

Immigration Changes - 457 Visa Condition Amendment & Work and Holiday 2nd Year Visas Soon To Be Available! 

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Important changes to both the Subclass 457 and Subclass 462 (Work and Holiday) visa streams are set to be implemented from the 19 November 2016.

With regards to the Subclass 457 visa scheme, changes will be made to the maximum amount of days a Subclass 457 visa holder can go without working for an approved sponsor from 90 days to 60 days. Essentially, this means that any 457 visa holder who ceases to work for their approved sponsor (including leaving voluntarily or having their employment terminated), must find a new employer and apply to transfer their 457 visa, or apply for another visa, within 60 days or risk having their Subclass 457 visa cancelled due to being in breach of Condition 8107. 

On a more positive note, Subclass 462 (Work and Holiday) visa holders will now be eligible for a second year visa if they complete 'specified work' in regions spanning Northern Australia. The specified work is intended to be work undertaken in the agriculture, forestry, fisheries, tourism and hospitality industries in the Northern Territory and northern parts of Western Australia and Queensland. Although this is not exactly in line or as flexible with similar provisions allowing Working Holiday (Subclass 417) visa holders to obtain a second year visa, it does at least provide an option for 462 visa holders looking to secure another year in the country without needing to apply for a Student or some other type of temporary visa.

If you require the help of a Migration Lawyer in Brisbane City today, then give us a call on 1300 644 788 or send your enquiry here.

Also, click here for more informative blogs by our Immigration Lawyers.

Otherwise you can contact us at the following address:

Salvo Migration
320 Adelaide St
Brisbane QLD 4000
https://goo.gl/Bao5ma  

Enjoyed the Blog? Subscribe Below



Originally Published here: Immigration Changes - 457 Visa Condition Amendment & Work and Holiday 2nd Year Visas Soon To Be Available!