Thanks to the Korean Community of SA for a Great Day!

We would like to thank the organisers and volunteers from the South Australian Korean Community for putting together the Korean Culture and Food Festival .

It was great to speak with members of the Korean Community, local politicians and the general public about Australian Visas.

People wanted to know about a range of visas including Partner Visas, 457 visa, skilled visas for accountant and student visas.

We enjoyed the food and performances and look forward to next year.

Here are some photos of the day, taken on the 14 November 2015:

 Children dancing in traditional Costumes

 Chris and Christine with the President of the Korean Community of SA,Mr Jae Heon Ham.

The Taekwondo demonstration. 

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 7225 5091 or +61 8 7225 5091

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

In support of the local cultural community Work Visa Lawyers is once again participating in the annual Korean Culture and Food Festival in Adelaide! This will mark our third consecutive year of participation. Here are the details of the event:

Date:     14^th November 2015, Saturday
Time:     10 a.m. to 4 p.m.
Venue:   Rundle Park / Kadlitpina (corner of East Terrace and Rundle Road)

What’s there at the event?

The Culture and Food Festival showcases some of the food and traditional arts of Korea and provides a day of fun-filled activities for kids and the family. You can watch the Credit Union Christmas Pageant in the morning and come on over for some awesome food and shows on the same day!

Meet with Work Visa Lawyers, for FREE!

Principal Migration Lawyer and Agent Chris Johnston, along with Senior Migration Agent Christine Lee (who can provide migration advice in Korean) will be at the event to meet people with Australian visa or migration enquiries. Visit our booth to receive a brief, complimentary consultation in relation to Australian visa matters. You will also receive a $50 voucher that can be redeemed when you make an appointment to see us at our office (Normal fee is $200 an hour).

We look forward to seeing you at the Korean Culture and Food Festival on the 14^th!

올해로세번째연속으로 Work Visa Lawyer가독립부스로한국문화축제에참여합니다. 아침에크리스마스페젼트행렬을보시고, 오후에음식과볼거리가풍부한한국문화축제로오세요. Work Visa Lawyer부스로오시면, Principal Lawyer이자 Migration Agent이신 Mr Chris Johnston과한국인 Agent인Christine Lee를만나실수있습니다. 그동안궁금했던호주이민에대한간단한답변을무료로들을수있고, 만약이후에저희에게정식으로한시간상담을받으신다면, 그때사용할수있는 50불할인권도드립니다 (상담비는한시간에 200불입니다). 

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

It is always a pleasure to connect with the international community in Adelaide. The Korean Culture and Food Festival brings a nice group of people together and provides great food for the day as well (hence our third consecutive year of participation). On a serious note we are happy to help the international community with visa questions or issues, ensuring that a family’s visa application is done correctly and on time to avoid future visa problems.

And of course our wonderful migration agent Christine Lee is a native Korean speaker and has helped many Koreans over the years in relation to Australia migration.

See you all at the festival!

한국음식문화축제를통해애들레이드에있는다문화여러분과소통하고, 호주이민에대한궁금한점이나문제점이있다면도와드릴수있기를희망합니다. 행사장에서만나요.

This information is accurate on 28 October 2015

Sources:

1. http://www.multicultural.sa.gov.au/events/events/november/11th-korean-culture-and-food-festival

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 7225 5091 or +61 8 7225 5091

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

Accountants have traditionally formed a large part of the Australia skilled migration numbers. The ANZSCO Unit Group 2211 includes:

• 221111 Accountant (General)
• 221112 Management Accountant
• 221113 Taxation Accountant

2018 UPDATE:  Accountants -  How to Increase Your Points for Employer Sponsored (RSMS 187, ENS 186), Independent (189, 489), and State Nomination (190) Skilled Visas

In previous years planning numbers allocated to accountants were approximately 5000 per programme year. However this was reduced by approximately 54% in the 2015-16 migration programme to 2525 places.

As a result places for accountants were quickly filled and the Department of Immigration and Border Protection (DIBP) announced that invitations to accountants will be issued in a pro rata arrangement.

The Points Required for Accountants are Going UP!

According to the latest invitation round (7 September 2015) results, accountants are only receiving Invitations to Apply (ITA) if:

• The application scored 70 points or more (65 points required in the previous round), and
• The application was lodged in August 2015 or earlier

Occupations in ANZSCO group 2212 – Auditors, Company Secretaries and Corporate Treasurers will no longer receive ITAs in this programme year as the occupational ceiling has been met. This means that applicants within this group of nominated occupations will have to wait until at least next year to receive an ITA. A reminder to all that the Expression of Interest (EOI) will only be stored on the DIBP Skill Select system for 2 years. Will accountants get the same treatment?

What Can You Do if You are Migrating as an Accountant?

The main strategy will be to obtain as many points as possible to receive an ITA. There are a few ways to increase your points, such as:

• Taking English exams to achieve Superior English
• Completing a Professional Year in Australia
• Obtaining Australian Work Experience
• Completing a tertiary course from an institute that qualifies for Regional Study Points
• Obtaining State Sponsorship

Superior English

Achieving English exam results at a Superior level will allow you to claim 20 points, versus 10 points for Proficient English. With the availability of other English exams (visit our blog here for all the options), you might be able to improve your English scores and meet Superior English requirements. To achieve Superior English you need to achieve the following:

Professional Year

An additional 5 points are available if you completed a Professional Year in Australia. These Professional Year courses are offered by the following organisations:

• Australian Computer Society
• CPA Australia
• Institute of Chartered Accountants of Australia
• Institute of Public Accountants (formerly the National Institute of Accountants)
• Engineers Australia

You can find out more about the Professional Year at the organisations’ website

Australian Work Experience

If you have work experience in Australia you stand to gain 5 more points as compared to any overseas work experience that you are claiming, i.e. 3 years of work experience from overseas will give you 5 points, whereas 3 years of work experience in Australia will give you 10 points. This will be helpful if you are thinking about working in Australia under a temporary work visa and then consider General Skilled Migration at a later stage.

Regional Study Points

You can claim an additional 5 points (on top of the 5 points awarded for Australian studies) if your campus was located in a regional postcode. A list of regional Australia postcodes is available on the DIBP website (link). A note is that you must meet the Australian Study requirements to claim these points.

Applying for State Sponsorship

There has been a rush for state sponsorship or nomination to increase the points of an accountant’s application and gain a higher possibility to receive an ITA. The increased demand for state sponsorship has made state authorities increase the requirements for accountants to receive state sponsorship. Examples of such increased requirements include:

• In-field work experience
• The applicant was a graduate from the state/territory that is sponsoring, etc.

It is important to note that if you applied for a 489 Regional State Sponsorship you will receive 10 points in comparison to 5 points for a 190 State Sponsorship. It may be worth considering going Regional to obtain an ITA.

In summary accountants are looking at a longer timeframe before receiving an ITA to proceed with a visa application. If you are a student currently enrolled in an accounting course the pathway to a permanent visa after graduation looks to be increasingly difficult.

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

The points score required for accountants increased from 65 points in the earlier invitation round to 70 points in the last round. This means that accountants who have submitted an EOI are getting higher point scores either by scoring higher English test scores, or obtaining regional state sponsorship. This may be a good strategy for now but that will eventually increase the points score required to receive an ITA.

Other pathways?

An alternative would be to consider other visa pathways such as employer sponsored visas (457, 186, 187) instead of waiting to receive an ITA under General Skilled Migration. A practical step would be to take up an internship or work experience during your studies for the following reasons:

• You gain local Australian work experience, which will help you in your job search when you graduate
• You expose yourself to Australian businesses that may be willing to sponsor you for a position when you complete your studies

What If I am planning to study in Australia now?

For students thinking about permanent residency after the completion of studies it may be better to study in a field other than accounting. Other industries to consider include Engineering  or Nursing.

This information is accurate on 23 October 2015

Source:

1. http://www.border.gov.au/WorkinginAustralia/Pages/SkillSelect-7-September-2015-Round-Results.aspx

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications, including state sponsorship applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 7225 5091 or +61 8 7225 5091

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

Are you asking yourself the questions, which is the Best English Test to take?

The Department of Immigration and Border Protection (DIBP) introduced additional English exams for visa applications in late 2014. Many applicants have been able to try the different English exams available and many have provided feedback that the PTE Academic exam has been a more manageable experience for them.

Work Visa Lawyers recently met with Joe Hernandez, Key Account Manager for Pearson Australia to discuss in detail the key features of the PTE Academic exam and how it can help visa applicants in the visa application process.

Joe Hernandez (centre) from Pearson Australia, with Chris Johnston (right) and Sean Choong (left) from Work Visa Lawyers

From our discussion here are a few key features of the PTE Academic exam that we feel are beneficial to visa applicants:

• The entire exam is completed in approximately 3 hours (versus half a day or 2 days for IELTS)
• The entire exam is conducted electronically – writing and speaking are done via computers
• Results in 5 business days
• Practice exam available online at $40.00 to familiarise yourself with the exam format and to roughly check your strengths and weaknesses

The exam candidate will definitely feel less tired taking the PTE Academic compared to the IELTS, as the entire exam is completed in 3 hours. An IELTS exam will take up half a day on weekends, or require you to return to the test centre during mid-week for the speaking component. Additionally the speaking module for PTE Academic is done speaking into a computer microphone (likened to speaking to family on Skype) while the traditional IELTS speaking component puts you face-to-face with an examiner who may cause uneasiness among candidates (likened to a nerve-wracking job interview).

Being able to obtain your results in 5 days will be very helpful for visa applicants facing an urgent deadline to lodge a visa application. Joe explains that the centralised, electronic marking system provides a fast turnaround for candidates to obtain results. The marking system also means that assessment levels and integrity are constant for all candidates.

There are also other considerations unique to the PTE Academic exam:

• It is better to re-take the exam than to re-mark since the same centralised marking system is used for the re-mark
• Certain skills assessment authorities like Engineers Australia (might change soon), ANMAC and AITSL currently does not accept PTE Academic exam results as part of the skills assessment criteria

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

The PTE Academic exam is definitely an attractive alternative to the IELTS exam for visa applicants. As mentioned in our earlier blog there have been clients who were able to obtain better results with the PTE Academic exam. If you are interested in taking the PTE Academic exam, you may want to consider booking in advance, as there may be an increase in demand for the exam, resulting in a long wait to take the exam. Joe has mentioned that Pearson Australia is working to increase the availability of the exam in Australia to cope with the increased demand.

Work Visa Lawyers thanks Joe and Pearson Australia for spending time with us sharing the information that we think is important for migrants who are required to take English exams for their visa application. We also remind visa applicants that English is only one part of the visa application requirements. Always check with a Registered Migration Agent for all relevant requirements before applying for a visa.

This information is accurate on 19 October 2015.

Sources:

• http://pearsonpte.com/
• https://ptepractice.com/

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 7225 5091 or +61 8 7225 5091

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

Work Visa Lawyers is pleased to host a complimentary English exam Q&A session with private English tutor, Susan Taylor. Susan has many years of private english tutoring experience and holds a Graduate Diploma in Education. She will be providing tips and advice on taking English exams including IELTS (Academic or General Training), OET and the PTE Academic Exam. Here are the details:

Venue:

Work Visa Lawyers office

230 Henley Beach Road

Torrensville 5031 SA

Date: Friday, 23 October 2015

Time: 2 p.m - 3 p.m.

This FREE session is available to all but priority will given to existing clients of Work Visa Lawyers. Places are limited so please email to confirm your attendance. Send your confirmation to This email address is being protected from spambots. You need JavaScript enabled to view it.

We hope that all aspiring migrants will take advantage of this unique opportunity to improve your chances at getting the required results for the English exams. See you at the session!

Work Visa Lawyers is pleased to bring you the latest update to the Australian migration programme. The videos below will cover topics such as:

• Visa options for 457 visa holders whose contract was not renewed or terminated early due to downturn in the industry, e.g. mining
• New Occupation List for the Regional Sponsored Migration Scheme (RSMS) Subclass 187 Direct Entry visa applications
• Supplementary Occupation List for South Australia State Sponsorship
• Client feedback about the Pearson PTE Academic Exam
• Changes to eligible complying investments for the Significant Investor Subclass 188C visa
• Recap of Work Visa Lawyers in China as part of the Shandong-South Australia Cooperation and Development Forum in May 2015

We hope you find the news video informative. Remember that you should seek advice of a Registered Migration Agent to find out your specific options. The situation and scenario of each individual may mean different visa application pathways.

Contact us today to find out more! Remember to subscribe and follow Work Visa Lawyers on YouTube, Facebook and Twitter to get immediate updates about the Australia migration programme.

Starting on 21 September 2015, young Chinese nationals will be able to apply for the Work and Holiday (462) visas and Working Holiday (417) visas to Australia as part of improved visa facilities under the recently concluded China-Australia Free Trade Agreement (ChAFTA). This is the first stage where 1,500 places in the Working and Holiday Visa program are going to be open for application, with more places to be released in further stages until the programme reaches its annual cap of 5,000 places.

To apply for this visa, applicants must take note of the following:

• Hold a valid passport issues by the People's Republic of China
• Age 18-30 at the time of lodging the application
• Will not be with a dependent child while you are in Australia
• Have enough money to support yourself on a working holiday (about AUD 5000)
• Have enough money to buy a return or onward travel ticket at the end of your stay
• Have not previously entered Australia on a Working Holiday visa (subclass 417)
• Meet the educational requirements – usually completing a tertiary qualification
• Have functional English
• Meet character and health requirements
• Holders of Chinese passports are not required to provide evidence of Government support for the grant of the visa
• Chinese applications cannot be lodged by post, and instead must be made by appointment and in person at one of the three addresses provided in either Beijing, Guangzhou or Shanghai

So take advantage of this unique Australian visa that will allow you to visit and work in Australia at the same time! The limited places mean that not everyone in the populous country will be able to obtain this visa so act now and apply! Check with Work Visa Lawyers for your eligibility before applying.

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

The Work and Holiday visa programme is a great platform for overseas visitors to experience living in Australia for an extended period of time (up to 12 months). The ability to work also means that visa holders can experience the Australian work culture and meet potential employers who might be willing to offer a permanent position if the visa holder impresses. The wages from work done will also allow travellers to see more of Australia during the 12 months of stay.

A word of caution though is that Work and Holiday visa holders need to be aware of employment laws and regulations in Australia so that they are not abused in any way. A good source for that information is FairWork.gov.au and I recommend that all Work and Holiday visa holders refer to the website to understand the employment conditions in Australia.

This information is accurate on 18 September 2015

Sources:

1. https://www.comlaw.gov.au/Details/F2015L01437/Explanatory%20Statement/Text
2. http://www.border.gov.au/Trav/Visa-1/462-
3. http://english.cri.cn/12394/2015/07/02/3742s885455.htm
4. http://www.fairwork.gov.au/

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 7225 5091 or +61 8 7225 5091

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

From the Independent Review of the integrity of the subclass 457 visa programme completed in March this year, it has been discovered that there are employees and employers who are engaged in a “Payment for Visas” arrangement. Typically what happens is that employers are offered a payment in return for agreeing to sponsor an overseas worker to obtain a 457 work visa to enter Australia.

The Migration Amendment (Charging for a Migration Outcome) Bill 2015 will introduce fines or imprisonment for such offenders. It will become a criminal offence for a sponsor or a third party to ask for or receive a benefit from a visa sponsorship. The punishment is set to be a maximum of 2 years imprisonment or a fine equivalent to $64,000 for an individual or $324,000 for a corporate body.

In addition to criminal charges, civil penalties will also be applicable to the sponsor, visa applicant or any third party who received or provided payments or benefits in relation to a sponsorship for a 457 visa. Fines are set at $43,200 for individuals and $216,000 for corporate bodies.

The negative consequence for the visa applicant is that their 457 visas can be cancelled based on discretionary powers introduced by the amendment to consider cancellation of visas. Therefore as long as you are involved in a “Payment for Visas” scheme your visa may be cancelled and you will be asked to leave Australia.

On a separate note the government has introduced more measures to educate temporary visa workers about fair working conditions and protection from abuse in Australia. Assistant Minister for Immigration and Protection, Senator the Hon Michaelia Cash issued a statement announcing the measures and also the need for overseas temporary workers to identify unfair employment conditions such as low wages, discrimination, bullying and harassment.

The Pay and Conditions Tool (PACT) is available at calculate.fairwork.gov.au and all workers can check their pay using the tool.

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

The 457 and other work visa programmes such as the Regional Sponsored Migration Scheme (RSMS) subclass 187 visa and the Employer Nomination Scheme (ENS) subclass 186 visa have had problems such as:

• sponsorship by the employers were not genuine
• employers and/or employees did not fulfil the obligations as stipulated in the sponsorship

Such cases used to have the Department of Immigration and Border Protection monitor and sanction the sponsoring business if they are found guilty of not fulfilling the sponsorship obligations, including offences such as deducting pay from employees for the sponsorship. With the new and tougher punishments, employers will now need to ensure that they are not abusing the system to make unlawful gains for sponsoring an overseas worker to come to Australia.

Sponsored employees should also not partake in such “Payment for Visas” arrangement as they can now be fined and have their visas cancelled by the Department. If you are caught in such a situation you need to check with a Registered Migration agent about the visa conditions and obligations you need to fulfil.

This information is accurate on 18 September 2015

Sources:

1. http://www.minister.border.gov.au/michaeliacash/2015/Pages/legislation-outlaws-payment.aspx
2. http://www.minister.border.gov.au/michaeliacash/2015/Pages/know-your-work-rights.aspx
3. http://www.mia.org.au/documents/item/750
4. https://calculate.fairwork.gov.au/

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 7225 5091 or +61 8 7225 5091

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

Most Australian temporary and permanent residence visa applications require applicants to meet English language requirements. Currently there are FIVE different English exams that are accepted by the Department of Immigration and Border Protection:

• IELTS – International English Language Testing System (Academic or General Module)
• OET – Occupational English Test
• TOEFL iBT – Test of English as a Foreign Language (internet-based test)
• PTE – Pearson Test of English (Academic)
• CAE – Cambridge English: Advanced

While there are different English exams available the requirements thresholds remain the same as Functional, Vocational, Competent, Proficient and Superior. Here are the equivalents across the five different exams:

Fees and Time Taken for Results

The following are fees for the exams in Australia:

IELTS – A$ 330
Results available 13 calendar days after the test

OET – A$ 587 including A$ 7 booking fee
Results available 16 business days after the test (add 7 to 10 business days for post)

TOEFL iBT – US$ 300
Results available 10 calendar days after the test (add 4 to 6 weeks for post)

PTE – A$ 330
Results available 5 business days after the test

CAE – A$ 280
Results available 4-6 weeks after the test (2 weeks for computer-based exams)

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

The availability of different English exams is a great advantage for visa applicants for the following reasons:

• Applicants can now take English exams of a different format, e.g. computer-based exams
• Applicants who are facing time constraints or deadlines to submit a visa application with an English exam result now have more options to obtain an English exam result faster

Work Visa Lawyers advises that applicants do not wait until the last minute before submitting a visa application. Occasionally circumstances may force applicants to have a very short window to submit a visa application. Applicants can now check with different English exam providers to see which can provide the English exams results in time for their visa application.

Now that the new English exams have been introduced for quite some time, I can provide you with some feedback from my clients:

• Many clients are preferring the PTE Academic exam as they find that they can get better results compared to the IELTS
• This means that exam places for the PTE Academic exam may be booked up as more visa applicants choose to take the PTE exam
• Book your English exams as early as possible to avoid a long wait for the exam date

This information is accurate on 28 August 2015

Sources:

1. IELTS
   https://ielts.com.au/
2. OET
   https://www.occupationalenglishtest.org/
3. TOEFL
   https://www.ets.org/toefl/ibt/about/
4. PTE
   http://pearsonpte.com/
5. CAE
   http://www.cambridgeenglish.org/exams/advanced/

Links to previous blogs about English requirements:

• http://www.workvisalawyers.com.au/news/entry/australia-migration-updates-video-update-by-registered-migration-agent-chris-johnston.html
• http://www.workvisalawyers.com.au/news/entry/changes-announced-for-the-457-visa-lower-english-requirements.html
• http://www.workvisalawyers.com.au/news/entry/changes-announced-for-the-476-and-485-visa-lower-english-requirements.html
• http://www.workvisalawyers.com.au/news/entry/australian-immigration-news-for-september-2014-new-english-tests-and-partner-visa-fees-up.html
• http://www.workvisalawyers.com.au/news/entry/which-english-test-is-the-best-for-australian-migration.html
• http://www.workvisalawyers.com.au/news/entry/five-tips-for-the-ielts-test-by-english-tutor-fran-reid.html

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 7225 5091 or +61 8 7225 5091

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

News streams were flooded with the arrest of 3 individuals running a student visa and employment scam in Melbourne, Victoria. The individuals owned and managed a college, St Stephens Institute in Reservoir and an institute, Symbiosis Institute of Technical Education. The individuals worked with unscrupulous migration agents and applied student visas for applicants who paid up to AUD 10,000 for "enrolment" in the college or institute. There were no classes for students to attend but instead the students were arranged to work as posties or delivery personnel. The work was arranged via one of the individual's business which was a labour hire contractor for the Australian Post. The "students" were underpaid and received no benefits whatsoever but continued working as they were promised a work or residence visa at the end of their student visa.

Another institute that has come under scrutiny is TK Melbourne Education and Training College which allegedly has been issuing fake and back-dated certificates to international students. The Australian Skills Quality Authority (ASQA) has issued a “critical non-compliance” label to the institute for failing to meet with national Registered Training Organisation standards. If students used the fake qualifications to enrol in a separate higher learning course, or to apply for a skilled migration visa, the fake qualification may be overturned and the students will then be refused admission or a visa application.

Don’t get caught up in a scam!

While the government bodies involved – Australia Post, Australian Skills Quality Authority (ASQA) and the new Department of Immigration and Border Protection (DIBP) perform the necessary internal review to prevent such cases from repeating, Work Visa Lawyers would like to educate and remind international students, current or prospective to be fully aware of the objective and obligations of the student visa programme in Australia. Students involved in unlawful and unethical arrangements as above suffer financial loss as well as potentially a negative record on their Australia visa history, which may affect future Australia visa applications.

It is important for international students in Australia to check:

• They are enrolled in the correct education course and institute
• The obligations and conditions for the student visa held, such as work restrictions or education provider restrictions (e.g. streamlined education providers)
• Actual study was conducted before the qualification is deemed complete before a certificate is issued

Student visa holders also need to know that there is no guarantee of a visa at the end of the study duration even though they may be promised so. Student visa holders should always check with the DIBP or other Registered Migration Agents if they suspect that something is amiss with their education courses or permitted employment.

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

The DIBP has the power to cancel a visa in a number of scenarios such as the ones listed below:

• if an applicant has provided:
  • “a bogus document or information that is false and misleading in  material particular in relation to:
    1. the application for the visa; or
    2. a visa that the applicant held in the period of 12 months before the application was made”

From Public Interest Criteria 4020

This includes the situation where the applicant did not knowingly provide the false or misleading information with their application.

• if a visa holder violated the visa conditions and obligations (such as working when not allowed to)
• if a visa holder has committed criminal offences that are harmful to the Australian society and its values. The recent focus on cancelling visas of convicted criminals (see our earlier news entry here) is one such example.

Work Visa Lawyers advises all Australian visa holders to:

• Stay away from scams and criminal activities
• Always be aware of your visa conditions and make sure you meet the visa obligations
• Always check with a trusted authority such as the DIBP or Registered Migration Agents in Australia if there is something suspicious in relation to your student or work visa

This information is accurate on 7 August 2015

Source:

1. http://www.smh.com.au/national/australia-post-link-to-visa-crime-racket-claim-20150804-girbiw.html
2. http://www.smh.com.au/national/cash-for-visas-international-colleges-fake-qualifications-in-migration-rackets-20150805-gis11z.html
3. http://www.brisbanetimes.com.au/national/nonsensical-essay-answers-shine-a-light-on-australias-educational-visa-farms-20150805-gis8po.html
4. http://newsroom.border.gov.au/releases/three-charged-and-millions-of-assets-seized-in-joint-agency-investigation

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications, including state sponsorship applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

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