Australians Marriage Overseas - General Requirements

The Department of Foreign Affairs and Trade cannot advise on the specific requirements which may need to be met in order for a marriage to be legal in a particular country.  However, as a general guide only, the following information may be of assistance.

Certificates of No Impediment to Marriage

Certificates of No Impediment to Marriage are issued by the Department of Foreign Affairs and Trade through overseas missions and state and territory offices to Australian citizens seeking to marry overseas.  Certificates of No Impediment to Marriage are not a requirement of Australian law.  They are issued purely at the request of overseas countries seeking to ensure that a marriage involving one or two Australian citizens, celebrated in that overseas country, will also be recognised as a valid marriage by Australian authorities. 

• Application form for Certificates of No Impediment to Marriage for use in Poland, Portugal and Turkey (pdf) 
• Application form for all other countries (pdf)

The forms are also available from any state or territory office of the Department of Foreign Affairs and Trade.
Some countries will only accept Certificates of No Impediment issued by the local Australian Embassy or Consulate in the country in which the marriage is to take place.  However, if authorities of the country in which the marriage is to take place have advised that they will accept a Certificate of No Impediment issued in Australia, you should complete the applicable application form for a Certificate of No Impediment to Marriage and return it to your state or territory office of the Department of Foreign Affairs and Trade.   The Consular Fee for a Certificate of No Impediment to Marriage is $90.
Please ensure that you bring your passport when presenting the Certificate of No Impediment to be witnessed by us. We may need to sight documentary evidence of your date of birth, nationality and Australian residency.
In addition to the Certificate of No Impediment to Marriage, the Department of Foreign Affairs and Trade can provide general advice on the requirements which may need to be met in order for a marriage to be legal in a particular country.  For exact details of what requirements will need to be met, persons wishing to marry overseas should contact the embassy or consulate of the country in which they would like to marry.  The following general information may be of assistance.
Overseas marriage authorities often require evidence that the party is free to marry.  Such evidence may be a statement from the Registry of Births, Deaths and Marriages that there is no record of the person having been previously married.  Authorities may also require divorce papers/death certificate of a former spouse in the case of being divorced or widowed.  Overseas marriage authorities generally will also want to sight an original birth certificate and the person’s passport.  Foreign marriage authorities may have further additional requirements e.g. a requirement to reside for a length of time in a country prior to a marriage taking place in that country.

Recognition of Overseas Marriages

The Attorney-General’s Department has responsibility for developing policy about issues relating to family law and marriage, including who can get married, who can perform marriage ceremonies and the validity of overseas marriages.  The rules governing whether or not a marriage is valid under Australian law are to be found in the Commonwealth Marriage Act 1961.
There are currently no Australian diplomatic or consular officers appointed to solemnise marriages overseas under Australian law.
Marriages entered into overseas are generally recognised as valid in Australia

• if the marriage was recognised as valid under the law of the country in which it was entered into, at the time when it was entered into, and
• providing the marriage would have been recognised as being legal under Australian law if the marriage had taken place in Australia.

There is no requirement to register a marriage in Australia which takes place overseas.  The foreign marriage certificate is prima facie evidence in Australia of the occurrence and validity of the marriage.
Marriage to an Australian citizen does not automatically guarantee entry of a citizen of another country to Australia.  The Department of Immigration and Citizenship (DIAC) can advise on immigration to Australia.
You should consult a legal practitioner if you need advice on whether a marriage which has taken place overseas is recognised as being legal in Australia.
The basic rule of recognising foreign marriages is subject to a number of exceptions including:

• where one of the parties was already married to someone else;
• where one of the parties was under marriageable age (i.e. under 18 years of age) and either of the parties was domiciled in Australia at the time of the wedding  under Australian law, exceptions to the requirement that both parties be 18 or older can only be authorised by a judge of magistrate, and then only in respect of a marriage between a person aged 16 or 17 and a particular person aged 18 or over.  An Australian court order only has effect in Australia for the purposes of the recognition of the marriage in Australia;
• where the parties are too closely related under Australian law (including relationships traced through adoption) i.e. either as ancestor and descendant, or as brother and sister (including half-brother and half-sister);
• where parties to the marriage are both of the same sex;
• where the consent of one of the parties was not a real consent due to duress or fraud, mistake, or mental incapacity;
• where a persons overseas divorce is not recognised in Australia.
  (Parties should consult a solicitor if unsure as to whether their marriage will be recognised in Australia, including if there is doubt about an overseas divorce being recognised by Australian authorities.)

Where can I return my application form?

• Adelaide, South Australia
• Brisbane, Queensland
• Canberra, Australian Capital Territory
• Darwin, Northern Territory
• Hobart, Tasmania
• Melbourne, Victoria
• Perth, Western Australia
• Sydney Passports Office, New South Wales

 Source:http://www.smartraveller.gov.au/marriage_os.html

Important facts for Sri Lankans living in overseas

Question:I am a Sri Lankan citizen and my fiance is an Australian citizen. We want to get married in Sri Lanka. Could you please let us know what documents my fiance need in order to marry in Sri Lanka?. Also is there a specified time period that has to stay before we gets married in Sri Lanka?
Answer:

• Marriage can be registered after 4 days of arrival to Sri Lanka.
• Please contact the Additional District Registrar in the relevant Divisional Secretariat Office or the Marriage Registrar within the area you are temporary residing in Sri Lanka.
• Your fiance may bring the following documents.

(i) Passport

(ii) If she has married earlier either the divorce certificate or decree absolute issued by the court of law
(iii) If she has married earlier and if her spouse is dead, the death certificate of her spouse
(iv) Unmarried certificate

Question:Is it possible for my brother who is living abroad to obtain certified translations of his birth and marriage certificates
Answer:
Yes it is possible.
Visit the Registrar General's Department Head Office at Battaramulla with the original birth and marriage certificates of your brother.
Fee for an English translated certificate is Rs. 100/=

Question:What are the documents have to submit when foreigners get married in Sri lanka.
Answer:
Marriage can be registered after 4 days of arrival to Sri lanka. Please contact the relevant Additional District Registrar at Divisional Secretariat office within the area you are temporary residing in Sri lanka.

You may bring the following documents.

1) Passports
2) If you have married earlier, either divorce certificate or decree of absolute issued by the court of law.
3) If you have married earlier and if your spouse is dead, the death certificate of your spouse.
4) Unmarried certificate.

Question:A citizen of another country has given a power of attorney to two people in sri lanka to start a business ,how can we register it.
Answer:
Please visit the Registrar General's Department Head Office at Battaramulla with the following documents.
Bring the original power of attorney with the additional true copy attested by a notary of public and also the affidavit.
Registration fee is SL Rs. 3.75

Question:I am a Sri Lankan & my husband is a Bangladesh. We married in Saudi Arabia. How do I register our marriage in Sri Lanka?
Answer:
If your marriage has been registered in the Embassy of Sri lanka in Saudi Arabia, it is same as your marriage is registered in Sri Lanka. The Embassy in your country will sends a copy of your marriage certificate to Sri Lanka to be stored in the Central Record Room.

Send an application to the Central Record Room in Colombo to obtain certified copies of your marriage certificate.

Question:I am living in UK.I need to request the birth certificate of my grandfather who was born in colombo.
Answer:Please download the correct birth certificate application form from our web-site,(WWW.rgd.gov.lk) and send it to the relevant divisional secretariat office where his birth has registered.(with stamps as mentioned in the application).

Question:parents are srilankan citizen by decent, while they were in Italy with work permit the child was born and parents have registered child birth through srilankan embassy in Italy. so can the child be a citizen of srilanka by decent ?
Answer:Yes. He is a citizen of sri lanka by decent.

Question:I have An power Attorney of my Mother,signed at the embassy of Sri Lanka in Beirut, Lebanon. How I register it in Sri Lanka
Answer:You have to have a photo copy of power of Attorney which should be certified by a sri lankan notary,and you have to get prepared an affidavit to say that your document is genuine and still in force.These documents must be sent to the head office of the R.G.D or to the relevant Zonal office for registration.Stamps to the value of rupees is 3.75. should be affixed on the photo copy as the registration fee.

Question:I am a foreigner I have misplaced my birth certificate .How Can I apply for a copy of the birth certificate from here. (USA)
Answer:
Download the application for Birth Certificate from
http://www.rgd.gov.lk/download_file/application_for_birth_certificate_b63.pdf

Fill the form and send it to the below mentioned address.
Fee for certified copies of Birth Certificates are ,
(i) If the registered number and the date of Birth is known - 25 SL Rupees per each copy
(ii) If don't know the registered number, but the date of Birth is known, for 3 month search of registry - 50 SL Rupees per each copy
(iii) if you know only the year of birth, for 2 year search of registry, 100 SL Rupees per each copy

* You may pay the fee for a copy of the certificate together with the returning stamp fee in favor of the Registrar General by an international money order .

Address :
Assistant Registrar General
Central Record Room
Maligawatta
Colombo 10
Sri Lanka

Question:I am a Sri lankan citizen living in Australia. I need to obtain my Birth Certificate. Please Advise me.
Answer:
Download the application for Birth Certificate from
http://www.rgd.gov.lk/download_file/application_for_birth_certificate_b63.pdf

Fill the form and send it to the below mentioned address.
Fee for certified copies of Birth Certificates are ,
(i) If the registered number and the date of Birth is known - 25 SL Rupees per each copy
(ii) If don't know the registered number, but the date of Birth is known, for 3 month search of registry - 50 SL Rupees per each copy
(iii) if you know only the year of birth, for 2 year search of registry, 100 SL Rupees per each copy

* You may pay the fee for a copy of the certificate together with the returning stamp fee in favor of the Registrar General by an international money order .
Address :
Assistant Registrar General
Central Record Room
Maligawatta
Colombo 10
Sri Lanka

Source:Registrar General's Department Sri Lanka

Tough sentences for visa test cam welcomed

The Immigration department has welcomed the "tough" sentences given to nine men involved in a scam to falsify English language test scores to obtain visas.

Over the past fortnight in the Perth District Court, nine people have been jailed or received suspended sentences over a scam at Curtin University's English Language Centre, where tests were administered for the International English Testing System (IELTS).

Under the system, applicants for permanent residency and work or student visas must prove their competence in English by achieving an average score of seven.

A spokesman for the Department of Immigration and Citizenship (DIAC) said the sentences should serve as a reminder to the community that the authorities would act swiftly against those who attempt to defraud Australia's migration programs.

"The department works constantly to ensure the integrity of our migration and visa systems," he said.
"Anyone found to have obtained a visa based on fraudulent information can expect to face visa refusal or cancellation and prosecution."
DIAC is now investigating all visa applications related to the fraud, with visa refusal and cancellation processes likely.
The spokesman said the government had cracked down on migration fraud, with the introduction of a new fraud provision earlier this year.
"The new fraud provision allows applications to be refused where false or misleading information is provided to the department in association with a visa application," he said.
Prior to the change, when fraudulent information was provided, it was possible for the applicant to later provide non-fraudulent information to meet requirements.
The men were charged following an investigation by Western Australia's Corruption and Crime Commission (CCC).
Former university staffer Kok Keith Low, 32, pleaded guilty to 15 counts of accepting bribes as a public officer over a 10-month period in 2009-10, and was sentenced to two years in prison.
Abdul Kader, 27, who was considered one of the key players in the scam, was jailed for 18 months after pleading guilty to 14 counts of bribery and pocketing thousands of dollars as an intermediary.
Several others involved in the scam received suspended prison sentences.

Source:http://news.ninemsn.com.au/national/8287609/tough-sentences-for-visa-test-cam-welcomed

State premiers look at plan to give foreign students special visas

FOREIGN students who graduate with a university degree or equivalent vocational qualification could be offered three-year work visas to stay in Australia, under a proposal by the states and territories put forward at yesterday's Council of Australian Governments meeting.

The three-year visa would apply to graduates in areas where skills shortages exist.
The Premier, Barry O'Farrell, supported the idea, saying, for example, it would help alleviate chronic shortages of doctors in some regions.

Yesterday's COAG was the first attended by Mr O'Farrell and while there was agreement on mental health, a national disability insurance scheme and the harmonisation of transport regulations, it ended with the four most powerful states - Queensland, NSW, Victoria and Western Australia - still opposed outright to the carbon tax.
Despite a presentation by the Prime Minister, Julia Gillard, which sources said Mr O'Farrell had asked for but arrived late, no one changed their view.

''The Prime Minister's views weren't changed by our presentation,'' the Victorian Liberal Premier, Ted Baillieu, snapped.
Mr O'Farrell, who claims the carbon tax will have an impact on NSW jobs, its economy and coal-fired electricity generators, said he had given up trying to convince Ms Gillard to change her mind. ''This woman's not for turning and that was perfectly clear,'' he said.
Queensland's Anna Bligh, the sole Labor Premier with concerns, said: ''There are some parts of this package that fall disproportionately on states that have a high level of public ownership of generators.
''I certainly felt I got a good hearing but I don't think I have persuaded her yet - but I don't believe the conversation is over.''
However, long-term plans to develop a National Disability Insurance Scheme were given a lift when the erstwhile critic, the Western Australian Premier, Colin Barnett, gave his in-principle acceptance for the proposal.
A joint federal-state council of ministers is to begin work immediately on the ''foundations'' of the disability scheme, which will require a new tax expected to begin in 2017.
Leaders also agreed to develop a 10-year ''roadmap'' to reform mental health services but stopped short of committing to ensuring access to mental health care is equivalent to that for treatment of physical ills.
Mental health campaigners urged the leaders to end the discrimination against mental health funding, highlighting their case with an apartheid-era ''whites only'' sign contained in their submission.
In a rare address by non-officials to a COAG meeting, a deputation, including leading psychiatrist Patrick McGorry, presented evidence showing mental disorders to be the most dominant cause of ill health among young people and called for equity of access to care for the mentally-ill.
The leaders agreed to commence work on the shared development of partnership agreement to focus on issues including accommodation and support, major hospital emergency services and support services.
The COAG communique stated that by addressing priority service gaps in the system, a national partnership ''will help move Australia's mental health system away from crisis-driven activity towards prevention, early intervention and care in the community''.

Read more: http://www.smh.com.au/national/education/state-premiers-look-at-plan-to-give-foreign-students-special-visas-20110819-1j2d0.html#ixzz1VcLn1uHa

Push for new three year working visa

The states and territories want a new three-year working visa in areas of skill shortage for international graduates.

Queensland Premier Anna Bligh said she put the issue on the agenda at Friday's Council of Australian Governments meeting in Canberra and was successful in getting the support from the states and territories.
She said the move would help stop the recent decline in international student numbers and would also prepare the nation for the next mining boom.
"Australia is on the cusp of a resources boom and we are facing a looming skills crisis," Ms Bligh said in a statement.
"We shouldn't be discouraging young, enthusiastic workers who are keen to fill these roles."
The resources sector alone is expected to generate 38,000 jobs in the next few years.

Source:http://news.ninemsn.com.au/national/8287754/push-for-new-three-year-working-visa

Proposed Skilled Migrant Selection Register (SkillSelect)

The following information relates to the government's decision to implement a new skilled migrant selection register based on an Expression of Interest (EOI) and invitation to apply. The proposal is in an early stage of development and consultation. Although the key features are settled, further changes are possible and the following must not be taken as a final description of how the new selection register will operate. In particular, no action of any kind should be taken on the basis that this will be the final register. The minister may recommend to the Governor-General in-Council amendments to the Migration Regulations 1994 to give effect to the final register.

The Skilled Migrant Selection Register

The Australian Government has decided on a major reform in the way Australia selects skilled migrants, the Skilled Migrant Selection Register (SkillSelect). SkillSelect will build upon and draw together the suite of reforms to the skilled migration program over the past three years. In doing so it will deliver the skills Australia needs by matching the best and brightest migrants to the available places in the migration program.
SkillSelect will be an electronic system based upon a two-stage process. Prospective applicants first submit claims for skilled migration through an online EOI and subsequently may be invited to make a visa application. This is a significant change from the current situation, as applicants for independent or state or territory sponsored migration will be required to receive an invitation in order to lodge a visa application.
Once invited, SkillSelect will ensure a match between the number of applicants and the number of available program places. This will result in streamlined processing times.

Foundations and benefits of SkillSelect

The fundamental principle underpinning SkillSelect is that the skilled migration program is determined by the economic needs of Australia. As such, it is necessary for the Australian government to manage who is able to apply for skilled migration, when they are able to apply and in what numbers, on the basis of this need. It is proposed that SkillSelect will allocate all places in the independent skilled migration program to the prospective migrants, those who score highest on the points test, in each eligible occupational group.
A key benefit of SkillSelect is the ability to address regional skill shortages. SkillSelect allows prospective migrants to nominate their willingness to live and work in regional Australia. This will be of particular benefit to employers experiencing regional skills shortages and state and territory governments attempting to settle migrants in regional Australia.
SkillSelect will connect state and territory governments and Australian employers with potential skilled workers through a central database of prospective skilled migrants. This will help state and territory governments maximise the benefit derived from their state and territory Migration Plans. From the perspective of employers, SkillSelect will assist in the resolution of skills shortages through quick and easy identification of prospective workers with the requisite skills and attributes, reducing advertising and recruitment costs to businesses.

Implementation of SkillSelect

SkillSelect is proposed to commence on 1 July 2012. As of this date, new applicants for independent, family or state/territory sponsored migration would need to submit an EOI and be issued with an invitation before lodging a visa application, unless eligible for transitional arrangements. The first round of invitations is expected to occur in January 2013.
Transitional arrangements currently apply to certain people who, on 8 February 2010, held or had applied for a Skilled – Graduate (subclass 485) visa. This group is able to apply for a permanent skilled visa under the previous system, until the end of 2012. There are no additional transitional arrangements in relation to SkillSelect.

Visa subclasses affected by SkillSelect

The visa subclasses which will be affected by SkillSelect are:

• Skilled – Independent (Migrant) subclass 175
• Skilled – Sponsored (Migrant) subclass 176
• Skilled – Independent (Residence) subclass 885
• Skilled – Sponsored (Residence) subclass 886
• Skilled – Regional Sponsored (Provisional) subclass 475
• Skilled – Regional Sponsored (Provisional) subclass 487.

All prospective applicants for these visas will need to submit an EOI and receive an invitation before they can apply.
Prospective applicants interested in employer sponsorship would not be required to submit an EOI if they already have a sponsor. However, submitting an EOI allows employers to view their details and contact prospective applicants to discuss sponsorship opportunities. It would also allow prospective migrants who are sponsored on a temporary basis to be invited for either independent skilled migration or state/territory sponsored migration if eligible.
For those who have already lodged a visa application prior to the implementation of SkillSelect and are pending processing, the department would process this application in accordance with any priority processing direction in effect at that time. A prospective migrant who has already lodged a visa application may want to submit an EOI in order to be connected to an employer or state or territory government.

For up to date information:http://www.immi.gov.au/skilled/general-skilled-migration/skillselect.htm

 

Priority Processing for Skilled Migration Visas

The Minister for Immigration and Citizenship, Chris Bowen, has set new priority processing arrangements for certain skilled migration visas. These arrangements will give effect to the minister's announcement on 10 May 2011 that regional visas will be given the highest processing priority.
Priority processing refers to the order in which the department considers skilled migration applications. The minister is able to consider and finalise visa applications in an order of priority that the minister considers appropriate. The changes to priority processing do not change visa eligibility criteria.
The new priority processing arrangements apply to the following visas:

• Employer Nomination Scheme (ENS)
• Regional Sponsored Migration Scheme (RSMS)
• certain General Skilled Migration (GSM).

See: Fact Sheet 24 – Overview of Skilled Migration to Australia
From 1 July 2011, processing priorities (with highest priority listed first) are:

1. applications from people who are employer sponsored under the RSMS program or who have applied for a Skilled – Regional (subclass 887) visa
2. applications from people who are applying under the ENS program
3. applications from people who are nominated by a state or territory government agency for an occupation specified on that agency's state migration plan
4. applications from people who have nominated an occupation on the Skilled Occupation List (SOL) – Schedule 1 in effect from 1 July 2011
   See: Annual Update of Skilled Occupation List (111KB PDF file)
5. all other applications.

Priority processing arrangements have been designed to complement other recent changes to skilled migration to ensure that the economy gets the skills it needs now. They help to better address the needs of industry by targeting skills in demand across a number of sectors, and help ensure that the skilled migration program is responsive to the current economic climate and the needs of the Australian economy. Priority processing arrangements are subject to further change in response to the economic climate and the demand for particular skills in the Australian economy.
Priority processing arrangements apply to current applications, including those in the final stages of processing. Departmental case officers must follow the direction made by the minister about priority processing. Case officers are not able to respond to requests to process individual applications outside of the order set out in these processing priority arrangements. Refunds of costs incurred during processing are not available for delays in processing.

GSM visas affected

The following GSM visas are affected by priority processing:

• Skilled – Independent subclass 175
• Skilled – Sponsored subclass 176
• Skilled – Regional Sponsored subclass 475
• Skilled – Regional Sponsored subclass 487
• Skilled – Independent Regional subclass 495
• Skilled – Designated Area-sponsored (Provisional) subclass 496
• Graduate – Skilled subclass 497
• Skilled – Onshore Independent New Zealand Citizen subclass 861
• Skilled – Onshore Australian-sponsored New Zealand Citizen subclass 862
• Skilled – Onshore Designated Area-sponsored New Zealand Citizen subclass 863
• Skilled – Independent Overseas Student subclass 880
• Skilled – Australian-sponsored subclass 881
• Skilled – Designated Area-sponsored Overseas Student subclass 882
• Skilled – Independent subclass 885
• Skilled – Sponsored subclass 886
• Skilled – Regional subclass 887

GSM visas exempt

The following visa subclasses are exempt from priority processing and will be processed in the order in which they are received:

• Skilled – Recognised Graduate subclass 476
• Skilled – Graduate subclass 485
• Skilled – Designated Area – Sponsored (Residence) subclass 883

The following situations are also exempt from priority processing and will be processed in the order in which they are received:

• applications that are remitted to the department by the Migration Review Tribunal (MRT)
• applications where it is readily apparent that the criteria for grant of a visa would not be satisfied
• applications from subsequent entrants.

RSMS, ENS and state migration plans–priority groups 1, 2 and 3

Applications from people who are applying under the RSMS are processed as priority group 1. Those applying under the ENS are processed as priority group 2.
Applications from people who are nominated by a state or territory government agency with a nominated occupation that is specified on the state or territory's state migration plan receive the third highest level of priority processing. State migration plans are developed by state or territory governments in consultation with the department. They include occupations that are in demand in each individual state and territory.
As a transitional arrangement, applicants who were nominated by a state or territory government for an 'off-list' occupation prior to the implementation of state migration plans will also receive processing under priority group 3.

Occupations on the SOL–Schedule 1 in effect at 1 July 2011–priority group 4

All applicants with a nominated occupation on the SOL–Schedule 1 are included in priority group 4. This includes both independent applicants and applicants sponsored by an Australian family member.

All other applications–priority group 5

Applicants with a nominated occupation that is not on the SOL–Schedule 1 in effect at 1 July 2011 and who are not employer sponsored or nominated by a state or territory government under a state migration plan, will be processed under priority group 5.
Applicants with a nominated occupation that is not on the SOL–Schedule 1 in effect at 1 July 2011 can only move into a higher priority group by lodging a new application with an employer sponsorship or a state or territory government nomination in an occupation specified under a state migration plan. Alternatively, applicants can only nominate a different occupation that is on the SOL–Schedule 1 by lodging a new application. It is not possible to change a nominated occupation or to change to an employer sponsored or state nominated visa category, unless a new application is lodged. A new application would require the payment of a new Visa Application Charge.
Applicants should not contact the department to request that their application be exempt from the priority processing direction. Case officers do not have discretion to exempt applications.

Options available to applicants in priority group 5

Applicants with nominated occupations in priority group 5 should note that these changes are designed to facilitate priority processing of group 1. Group 5 will however still have a long wait for visa processing. The options available are as follows.
For applicants who were outside Australia when they made their application:

• continue to await a decision on their visa application
• consider eligibility for an employer sponsored visa, which would require a new visa application
• consider eligibility for nomination by a state or territory government under a state migration plan, which may require a new visa application
• withdraw their application.

For applicants who were in Australia when they made their application:

• continue to live and work in Australia (if their visa permits) while awaiting a decision on their visa application
• consider eligibility for an employer sponsored visa, which would require a new visa application
• consider eligibility for nomination by a state and territory government under a state migration plan, which may require a new visa application
• apply for another substantive visa
• withdraw their application and depart Australia.

Note: Applicants are not entitled to a refund of their Visa Application Charge or compensation for other costs incurred in making an application.
Applicants who are in Australia and need to travel overseas while waiting for their application to be processed should approach their local office of the Department of Immigration and Citizenship to discuss an application for a Bridging visa B. Bridging visa B is generally not issued for greater than three months. Applicants should not contact the visa processing centre where they lodged their application to request a Bridging visa B.
Bridging visa C holders who want to apply for work rights should contact the visa processing centre where they lodged their application.

Processing times

Estimates of processing times that may apply to different types of applicants are provided as a guide only. As processing times are dependent on a range of factors, individual processing times may vary considerably from the published estimates. Estimates are subject to change in response to changes in application rates and skilled migration policy.
Information on estimated processing times is available in the Client Services Charter.
See: Skilled Migration Visa Processing Times
Further information is available on the department's website.
See: www.immi.gov.au
The department also operates a national general enquiries line.
Telephone: 131 881
Hours of operation: Monday to Friday from 8.30 am to 4.30 pm (recorded information is available outside these hours).

For up to date information: http://www.immi.gov.au/media/fact-sheets/24apriority_skilled.htm

Employers avoid fines despite visa abuse sanctions

NOT ONE employer of foreign workers under the 457 visa scheme has faced civil penalties despite more than 100 being formally reprimanded by immigration authorities over the past year, the Herald can reveal.
In 2010-2011, 137 sponsors of workers employed under the scheme were ''formally sanctioned'', which includes banning them, at least 50 of which were in NSW.

Despite the government trumpeting the introduction of civil penalties in September 2009 of up to $6600 for individual employers and $33,000 for companies abusing the 457 visa scheme, no one has ever been prosecuted under the laws.

Further, the department has issued just five infringement notices since then.
The notices are an alternative to the civil penalties but the amount can be no more than one-fifth of the civil penalties.

Meanwhile, the department has quietly halved its monitoring of sponsors.
Along with a 52 per cent drop in the number of 457 sponsors ''monitored'' by the department, there has also been a 29 per cent drop in the number of sites visited by immigration since 2007-2008, according to a Herald analysis of the department's figures.

Yesterday, the Herald revealed that dozens of Sydney construction companies routinely exploit foreign labour to keep costs down.
Construction has the second-highest growth in 457 visa holders, with 5920 granted in 2010-2011 - a massive 78 per cent jump from the previous year.

The CFMEU NSW is negotiating a claim with a construction company which hired dozens of workers, mostly on 457 visas, and paid them a flat rate with no entitlements for up to 60 hours' work a week.
''If the workers complain about this treatment they are threatened with the sack, which means they have four weeks to find new employment or they are deported,'' a CFMEU NSW spokesman said.
The federal government announced $10 million of additional funding for the 457 program and aims to halve the processing time from the current median of 22 days.

A spokeswoman for the Department of Immigration said among the most ''common reasons'' for sanctions was failing to pay employees properly, but she defended the lack of civil prosecutions.
''No civil prosecutions have been made before the courts. To date, the department has determined that administrative action [i.e. bar or cancellation action] and/or the issuing of an infringement notice, has been the most appropriate sanction,'' she said in a statement.

Sanctions include barring the sponsor from sponsoring more people or cancelling the approval of the sponsor, serving infringement notices or applying for a civil penalty order through the Federal Court.
The reduction in monitoring was because the new laws ''have created better defined and enforceable sponsorship obligations for employers'', the spokeswoman said. ''This has resulted in an overall increase in sponsorship compliance.''

The Department of Immigration has refused to say who the sanctioned employers are..
Professor Mary Crock, from the University of Sydney law faculty, said ''the whole area of immigration is totally driven by politics, polls and an agenda that is totally opaque''.
''They're playing to the public that's why and they want to make it look like they're being tough [by introducing penalties] but they don't want to offend the employers,'' she said.
The director of employment, education and training at the Australian Chamber of Commerce and Industry, Jenny Lambert, said that was simply not true.
''It creates unfair competition, so the employer community do not support or wish to sanction illegal practice,'' Ms Lambert said.

Read more: http://www.smh.com.au/nsw/employers-avoid-fines-despite-visa-abuse-sanctions-20110725-1hx98.html#ixzz1Um1PDsgl

Highest Number of 457 Visa Applications Since 2008

An influx of workers to fill large skill gaps in Australia has seen the highest number of 457 Visa applications and grants since 2008.

According to the Department of Immigration and Citizenship, the visa subclass has seen a 38.3% increase in applications for the 11 months to the end of May. The mining and construction sectors accounted for the largest number of these applications at around 20%.

Over the last 11 months mining and construction jobs in Western Australia have seen a dramatic increase with the latter seeing a double in the number of applications. Both industries also doubled in Queensland and with several large contracts in the pipelines these numbers are expected to increase.

As one of the largest industries in Australia, the mining industry relies on large numbers of skilled migrants to keep it functioning effectively and often looks at attracting highly qualified migrants from right around the world, including here in the UK.

Source:http://www.emigrationgroup.co.uk/331/Highest-Number-of-457-Visa-Applications-Since-2008

NZ simplifying visa process for China

New Zealand is taking steps to simplify the visa process for Chinese nationals with a new joint immigration New Zealand (INZ) and Tourism New Zealand office in Shanghai. New Zealand immigration minister Jonathan Coleman said the office is an important development in assisting Chinese visitors to New Zealand, a market which is worth around USD$318million. “We are seeing more tourists and business visitors from China, Chinese tourism in New Zealand is booming with 131,000 visitors in the year to June 2011an increase of 25 percent,” Mr Coleman said. Business travel has also increased by 10 per cent, and Chinese students account for a quarter of the 90,000 international students who study in New Zealand each year. The immigration New Zealand (INZ) is now issuing multiple entry visas for Chinese citizens as standard practice allowing holders to enter New Zealand as many times as they like for a maximum stay of six months. “This will remove a real source of frustration for Chinese who wish to visit New Zealand regularly at short notice,” Dr Coleman said. INZ has announced its plans to open visa applications centres in Shanghai, Beijing, Guangzhou and Hong Kong, which will make the process easier and less time consuming. “What this also highlights is the important link between immigration and tourism and how better collaborations between both sectors can help boost New Zealand’s tourism industry.” Dr Coleman said.

Source:http://www.etravelblackboard.com/article/121968/nz-simplifying-visa-process-for-china

Chinese migrants top Britons for first time

For the first time in its 223-year history, Australia has accepted more Chinese than British immigrants as the nation strengthens ties to the world's fastest-growing major economy.
Australia took in 29,547 migrants from China, or 17.5 per cent of the total migration program in the year to June 30, compared with 23,931 from the UK and 21,768 from India, Immigration Minister Chris Bowen said today.
“Skilled migrants deliver significant benefits to the Australian economy as their employment contributes to economic growth and their relative youth offsets some of the impacts of the aging labor force,” Mr Bowen said.

Australia is undergoing a surge in resource investment as mining and energy firms boost output to meet demand from China and India. Reserve Bank governor Glenn Stevens faces a developed-world rarity: wage pressure in an economy near full employment.
Economists predict tomorrow's data will show that the jobless rate held at 4.9 per cent in July, staying under 5 per cent for a fifth straight month.
Treasury Secretary Martin Parkinson, the Treasury's top bureaucrat, said in a May 17 speech that Australia will feel a “significant” impact from the emergence of India and China, two economies that account for more than a third of the world's population and are growing rapidly.
Skilled labor
A Chinese embassy official said last month Australia needs to address its shortage of skilled labor and infrastructure bottlenecks to maximise China's investment in the country.
“Chinese enterprises have experienced difficulties during their investment and operation in Australia,” Ouyang Cheng, second secretary for economic and commercial affairs of the Chinese Embassy in Australia, said in a speech in Adelaide.
Australia operated a discriminatory immigration program, known as the White Australia policy, that was only completely dismantled in 1973. As late as 1988, John Howard, who went on to become Australia's second-longest serving prime minister, called for reduced Asian immigration for the sake of “social cohesion”.
Bloomberg

Read more: http://www.smh.com.au/business/chinese-migrants-top-britons-for-first-time-20110810-1imgi.html#ixzz1UfpLWPbx

Australian migrants 'in limbo' over visa applications

Updated August 9, 2011 14:37:58

Asylum seekers detained on Christmas Island are not the only group waiting to know what the future holds.

Tens of thousands of applicants for permanent residency in Australia have been warned that they will have "a long wait for visa processing".

Many of the applicants are international student graduates; some have PhDs and some have been living in Australia for almost a decade.

Presenter: Peter Mares
Speaker: Dr Gerhard Hoffstaedter, researcher at Latrobe University; Mark Webster, immigration agent and New South Wales president of the Migration Institute of Australia

Listen

Student Visa Applications From India Drop 63% In Australia

MELBOURNE – Australia has recorded a drop of almost 63 per cent in offshore international student visa applications from India in the last financial year, according to latest official data.
The figures also show an overall drop of 20 per cent in the offshore international student visa applications, media reports said on Wednesday.

The Indian market has been the hardest hit by the fall in offshore applications with a drop of 63 per cent.
The June month Immigration Department’s quarterly report on the student visa programme revealed that the number of offshore applicants from India dropped from 18,514 in the 2009-10 financial year to just 6875 in the 2010-11 financial year.

Apart from this even applications from China, Australia’s largest source country for international students, also dropped 24.3 per cent.Melbourne University higher education expert Simon Marginson said the drop showed the sector was still a way off from a recovery.

“[There is] no sign that we have yet reached the bottom of the curve,” he said.
Marginson said the steep drop-off in offshore applications was largely because of federal government changes to the visa criteria and skilled migration list.

“Demand for Australian education in India always was relatively soft and the elimination of the migration-related industry run through education agents, plus the image problems triggered by the violence, has permanently depressed the prospects of recruitment in that country,” he said.
Professor Marginson said the drop in applications from Vietnam – down 31 per cent – and China was of greater concern.

“China and south-east Asia are our core markets [and] far more worrying is the defection of part of the student market in China and Vietnam, where demand is more education-centred, and the quality of students coming to Australia has been higher than those coming from India,” he said.

Source:http://thelinkpaper.ca/?p=8829

High Australian dollar, visa rules push foreign students to Canada

FOREIGN students are turning away from Australia and flocking to Canada as uncertainty intensifies over visa regulations and the high Australian dollar. 

"Canada is inundated by international students and numbers are getting out of control," said Rod Jones, chief executive of education provider Navitas."Canada is benefiting from students who are turning away from Australia and the UK because of government changes in visa policy for foreign students.

"We are also seeing a pull-back of overseas students from China and Vietnam, who are not coming to Australia."
Enrolment fell 14 per cent in Navitas colleges in Australia during the last June/July semester, while numbers decreased 16 per cent in Britain.Mr Jones saihttp://www.blogger.com/post-create.g?blogID=8518259646624533808d the pull-back was driven by uncertainty over government policy, which is "making it harder for students to study in Australia".

The high Australian dollar has also not helped.Mr Jones made the comments as the company reported a 20 per cent rise in after-tax net profit to $77.4 million.Navitas also reported a 25 per cent lift in earnings before interest, tax, depreciation and amortisation to $121.1m.Group revenue was up 16 per cent to $643.8m.
Navitas shares fell 7 cents to $3.78 in early trading at the sharemarket.

The Perth-based Navitas has a total enrolment of 14,600 students, of which 9700 are in Australia, 1400 in Canada and the US, 1250 in the UK and 2200 in Asia.

Source:http://www.theaustralian.com.au/business/high-australian-dollar-visa-rules-push-foreign-students-to-canada/story-e6frg8zx-1226106795248

Former Curtin University staffer jailed over visa scam

A former staff member at Curtin University in Perth has been sentenced to two years' jail for taking bribes to falsify English test results for foreign students.Keith Low received about $25,000 over a one-year period to change the test results of about 20 students.The results were then used by the students in their applications for permanent residency and citizenship in Australia.

His lawyer told the District Court that Low, 32, had no need for the money and his greed had simply got the better of him.He was paid by a number of middle-men who collected up to $81,000 to liaise between Low and the students.A total of nine men were charged over the scam after an investigation by the state's Corruption and Crime Commission.

Its investigator Trevor Wynn says Low's crimes were particularly serious."He preyed on vulnerable people and we know from the news people will do almost anything to come and live in Australia," he said."He preyed on people who paid money for that opportunity."Judge Michael Bowden said Low's crimes had eroded public confidence in the system.
Low will have to serve 12 months before he can be released.Three of the middle-men have received sentences of between 12 months jail and a seven month suspended term.

Curtin University has now closed its International English Language Test service.The groups which run the IELT system around Australia and in several countries have welcomed today's sentence.They say any attempt to cheat the system will be identified and sanctions imposed.The IELT is used by more than 6,000 organisations around the world.

Source:http://www.abc.net.au/news/2011-08-09/former-curtin-staffer-jailed-over-visa-scam/2831476

Immigration and the resources boom

New research from Monash University has found that Australia’s population circumstances demand an immigration program which addresses problems of sustainability, particularly as they affect the quality of urban life in the big cities.

Dr Bob Birrell from the Centre for Population and Urban research at Monash and co-author of the research paper Immigration and the Resources Boom Mark 2, launched today, said that population growth is not compatible with resolving sustainability problems.

“The Labor Government’s current immigration target of 180,000 people per year means that Australia’s population will grow from approximately 22 million to 36 million or more by 2050.“Industry is claiming that, unless overseas migration is kept at 180,000 people or higher, there will not be enough skilled workers to meet employer requirements and to sustain aggregate economic growth,” said Dr Birrell.

But the report challenged many of the assumptions reinforcing the arguments for continued high levels of immigration. It showed that with overseas migration at 90,000 people a year, and labour force participation rates unchanged, the workforce will expand by 1 million people between 2011 and 2021.“We found that if these participation rates increase, as they have over the past decade, workforce growth will be nearer to 1.7 million people over this period.

“Australia needs a lower, but better-targeted immigration program. The bulk of current migration has little to do with providing scarce skills to the resource industries,” said Dr Birrell.The research findings showed that current migration is delivering two major streams: a predominantly professional flow to the big cities where immigrants are being employed in people-servicing industries such as health and welfare; and a mass of people on temporary visas such as students and working holidaymakers.

“As is now widely recognised, the resources boom will lead to the contraction of some metropolitan-based industries, mainly because of the appreciation of the Australian dollar. In this context, it makes little sense to pursue a high immigration policy which promotes rapid metropolitan population growth,” said Dr Birrell.
The report has been co-authored by Bob Birrell, Ernest Healy, Research Fellow with the Centre for Population and Urban Research, Katharine Betts, Associate Professor of Sociology at Swinburne University of Technology and Fred T. Smith, Professorial Fellow with the Centre for Population and Urban Research.

The full report can be found at
http://arts.monash.edu.au/cpur/publications/documents/immigration-policy-13-july-2011.pdf

Medical staff shortage creates new Australian immigration opportunities

New reports have revealed that rural South Australia will need more doctors due to approximately 25 per cent of doctors set to retire in the next five years. As a result, the President of the Australian Medical Association SA is calling on the South Australia government to fund new internship and training places and it is likely that any skilled medical professionals emigrating to Australia could be in high demand.

Speaking on the situation, Australian Medical Association SA president Peter Sharley made the following comments:  "We have been falling behind for a very long time.... the State Government here has guaranteed intern positions for the next couple of years, but after that students graduating don't have that assurance.
Current figures show that approx. 245 medical students are expected to graduate in 2011. Of those, 207 are permanent residents while 38 are international students.

The increasing number of medical staff arriving via Australia immigration could alleviate shortages that currently face Australia nationwide. Now is a good time for Australian visa holders to find work in the medical professions, as demand is high and professionals are much sought after to fill skills gaps.
Many medical professionals look to migrate to Australia due to the opportunities available, as well as the cost of living being much lower than other countries. Additionally, the basic working week usually is approx. 38-40 hours, with any additional time typically paid at overtime rates making the move even more lucrative to new migrants.

Source:http://www.visabureau.com/australia/news/28-07-2011/medical-staff-shortage-creates-new-australian-immigration-opportunities.aspx

Offshore applications still spiralling out of control

Offshore student visa applications tumbled 20 per cent in 2010-11 in worrying market signal. But applications from international students who are currently in Australia have helped contain the total fall to a more modest 5 per cent. 
 
Offshore applications are a key indicator of future demand.Total visa applications, which include onshore applications, were down 5 per cent, compared with a 19 per cent fall in 2009-10.

In its June quarter summary the Department of Immigration said the fall in applications appeared to be stabilising. It noted that monthly applications so far this year have been higher than last year in every month except April. But that is largely due to higher numbers of onshore applications reflecting churn in existing students rather than new growth.

Nevertheless, offshore applications for June of 16,873 was up slightly from 16,798 in June 2010.
The Indian market has been the hardest hit by the fall in offshore applications, with applications free-falling 63 per cent. The Indian market had driven the previous boom that had been stoked by demand from students seeking immigration opportunities. The market was punctured in 2009 by some highly publicised assaults on Indian students, a crack down on immigration rorts, tighter immigration rules, and a strong Australian dollar.

Worryingly, offshore applications from China, Australia's largest international student market, were down 24 per cent.Offshore higher education visa applications were down 17 per cent, while total applications were down 3 per cent.Offshore applications for vocational education and training tumbled 44 per cent, but higher onshore applications meant total applications were down 5 per cent.Offshore applications for English language student visas were down 15 per cent, while total applications were down 13 per cent.Separately, Australian Education International has released data showing international student commencements are down 6.8 per cent in the year to June.

Higher education commencements, which mainly reflects universities, were down 0.9 per cent. However VET was down 4.1 per cent and the English language sector was down 16 per cent. Both these sectors are key feeders into universities.

Source:http://www.theaustralian.com.au/higher-education/offshore-applications-still-spiralling-out-of-control/story-e6frgcjx-1226106148900