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Saturday 3rd December 2011
Volume 207

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In This Issue
The big freeze is over
New Working visas
Dear students, 

 

Welcome to the latest edition of IMMIGRATION NEWS and to the new subscribers. This free service is brought to you by Australian Immigration Law Services. You can subscribe by using the link on the right hand side or by visiting our web site. Please feel free to forward this email to any of your friends.
  
Today we provide the news of the new future working visas and the processing of Priority Group 5 begins (at last).
  
The big freeze is over! PG5 processing has begun.                                     
A PG5 GSM applicant waits for the big thaw to start

 

Last Friday DIAC announced that processing had begun on the backlog of Priority Group 5 (PG5) applications. Hooray!

 

However before all you poor ex students who have been waiting for DIAC to do anything resembling the processing of your application, don't be booking your airline tickets back home just yet.

 

It is yet to be seen how many applicants they will begin to process as you must remember that DIAC still has the obligation under the Ministers Direction, that Groups 1, 2, 3 and 4 still have priority over you. This means if some group 4 applicant lodges their visa, yours gets put on hold until they have finished with his.

 

Giving a degree of credit it should be noted that migration agents were not expecting any processing to begin on PG5 applicants until January according to the speeches of senior GSM processing mangers earlier this year.

 

So starting earlier than projected is a great event and there is light at the end of the tunnel.

 

Please keep in mind there are still hundreds of PG5's applicants who lodged in 2007 who are first in the queue. I wonder how many of the case officers were even working at that time to be familiar with the laws and guidelines of the day. On Friday I had one young girl from DIAC call my office asking one of my clients report to DIAC to be assessed for a Bridging visa E. When I pointed out to her that no, my client was eligible for a Bridging visa C and wouldn't be reporting to any DIAC office, she didn't know what the requirements of a Bridging C were. Hmmmm. I told her to call me back when she found out.

 

Bearing this in mind, I can see my office getting many request letters asking for information which has nothing to do with their files and relate to current day applicants, not the historical artefacts who have fossilized on stone rock beds while waiting for some action from DAIC.

 

Still with today's amazing technology hopefully these fossilised PG5 hopefuls can be brought back to life by the fresh breath of permanent residency and make a valid contribution to society rather than a possible museum exhibit.

 

I would expect that if you are lucky, those PG5's who applied in 2007 and 2008 may have their visas granted before the end of the financial year. Those who applied in 2009 have their visas granted by the end of 2012 and those who applied afterwards, 2013 sometime. Patience please everyone.

 

This is just my prediction, lets hope I'm wrong and DIAC will clean you out of the system at least at the same speed the boat people get their visas.

 

You can read more by visiting DIAC's web site;

 

http://www.immi.gov.au/skilled/general-skilled-migration/gsm-priority5-processing.htm

 

  

 

 

New Working Visas Details                                       

 

Just in time for a new batch of eager students to hit our shores next year, DIAC has hung out the carrots to tempt international students to choose Australia rather than anywhere else to study.

 

We have to admit they are a sizeable enticement, enough to make any young entrepreneur have visions of permanent residency in Australia after they have finished. Oh I forgot, nobody comes to study in Australia desiring permanent residency, do they?

 

The new visas will be for;

 

Graduates who complete their Bachelor degrees after at least two academic years' study in Australia will be eligible for a two year stay;

 

Graduates who complete their Masters degrees after at least two academic years' study in Australia will be eligible for a three year stay; and

 

Graduates who complete their Ph.D. after at least two academic years' study in Australia will be eligible for a four year stay.

 

The 18 month 485 visa will still continue to exist for those of you who have already started your course or just completing it.

 

These visas will apply to all graduates of degree level qualifications in Australia and not only those who study at universities.

 

More details on these visas as the come to hand.

  

 


Some light reading?                                       

Have a few spare minutes and nothing to do? Try reading one of our riveting historical newsletters to give you a buzz.

Won't exactly blow your mind but might rattle loose a fillings.

For our older newsletters they can be found on our web site through the following link;

 

http://www.australiavisa.com/english/new_newsletter.htm

 

 

For the recent ones using the new newsletter format, they can be found here;

 

http://archive.constantcontact.com/fs092/1106091886176/archive/1107439026932.html

 




 

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Kind regards,

 

Karl Konrad: Managing Director and

Jee Eun HAN, Executive Manager     

Australian Immigration Law Services
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EDITORIAL

 

  

So now the big freeze is over all PG5's can celebrate that there is at least a light at the end of the tunnel, even if still a little dim. 

 

Don't forget many of these former international students have had to endure years of hardship separated from their spouses who are regularly denied tourist visas so they can visit their husbands. There are also many have not been able to return home so they can marry and start a family life. Not forgetting the applicants have been forced to work on a  casual basis since they cannot land jobs in their professions without being permanent residents.

 

I mention spouses visiting husbands since the majority of PG5's would have to be single males who have finished their courses, lodged their GSM application and been placed on bridging visas remaining patiently for some action to occur. They have then at some point returned home and married but had to leave their beloved's behind.

 

One of these poor souls came to visit me yesterday and showed me a rejection letter his wife received from the Australian High Commission in India for her second tourist visa application. They stated they believed tourist visas cannot be used so partners can cohabitate in Australia. 

 

How ridiculous.

 

Partners are entitled to come to Australia and enjoy this country just as much as anyone, what possible difference can it make just because they will be doing this with their husbands who are already here.

 

Perhaps not all decision makers at the High Commission will have the same opinion but I have seen enough rejection letters lately to develop the picture. There is no reasonable reason to make such negative decisions for those who obtain the 3 month tourist visa from India normally have the condition 8503 imposed, No Further Stay. This means they cannot apply for another visa while they remain in Australia anyway, so what are they worried about at the Australian High Commission.

 

They can try and raise the argument there is not enough reason the applicant may return to Australia but that is not the reality. Any GSM applicant isn't about to have their wife stay unlawfully in Australia since they want to sponsor them lawfully when their PR is granted in the near future.

 

GSM applicants have been waiting responsibly, working hard and paying their taxes like every other resident. There has been no burning cars in the street nor any defecation on the steps of parliament. This is to their credit for I am sure they all feel like doing so.

 

Does DIAC think their spouses are all of a sudden jump ship and remain here unlawfully? No of course they don't, only an idiot would think that and the staff there are unlikely to fall into that category.

 

These decisions from the Australian high Commission in India seem to be more about making sure PG5 applicants suffer as much as possible so they may cave in under the stress, withdraw their files and return to India.

 

We strongly condemn this tactic, which causes great distress to be kept apart from the one you love. Given the majority of PG5 applicants would most likely be from India we are talking about thousands of people who can directly relate to what I am saying.

 

Over the past few months many PG5's told me about how they may have to return to their country, giving up hope on their GSM applications.  I tell them to hand in there and not to give up hope but you can see their heart is not in it anymore to stay here. The stress of being apart from their loved ones has been too much to endure.

 

For those immigration officers cuddling up to their spouses and children tonight, please keep this in mind.

 

 

 

Karl Konrad

Managing Director 

Karl Konrad

 

 

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Executive Manager

Jee Eun HAN

Australian Immigration Law Services  

phone: 61 2 92791991 | fax: 61 2 9279 1994
email: 
sydney@australiavisa.com | website: www.australiavisa.com 

 

 Level 13, 37 York Street Sydney NSW 2000

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