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Attention students:
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Has your education provider sent you a notice of breach under section 20 of the E.S.O.S. Act?
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Has your education provider told you your visa might be cancelled?
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Was your application to revoke the cancellation refused?
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Is your application to revoke the cancellation still pending?
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Has DIMIA given you notice of intention to cancel your visa?
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Has your student visa already been cancelled?
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Have you had a new visa application rejected
due to a previous student visa cancellation?
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Is your case now in the MRT or the courts?
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Do you want a second opinion?
Parish Patience Immigration won an important test case (Uddin v Minister for Immigration) about the validity of notices under section 20 of the E.S.O.S. Act. This important victory may help thousands of overseas students across Australia who have received such a notice since the year 2000.
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"The most important stage of your visa cancellation process is the initial response to the notice. When your whole future is at stake, don't wait until it's too late to get quality legal advice." | | | | -- Nigel Dobbie, Special Counsel at Parish Patience Immigration
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Students who have answered 'yes' to any of the above questions are invited to contact
Nigel Dobbie, Special Counsel & Registered Migration Agent (MARN 9370721), or phone (02) 9286 8700 for an appointment.
Parish Patience Immigration will give a free initial consultation for all section 20 E.S.O.S. Act cases, to determine if your section 20 notice is or was valid. For advice about all other immigration matters, a consultation fee will apply.
Additional information:
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A new "Specification of Regional and Low Population Growth Metropolian Areas for Purposes of Items 6A1001 and 6A1002 of Schedule 6A to the Migration Regulations 1994" became effective on 14 April 2005.
The Specification comprises a list of universities, TAFE colleges and other institutions where applicants may be able to study in order to qualify for 5 extra points under the General Points Test.
The General Points Test applies to former student applicants for a permanent visa under the skilled migration program.
The document may be found on the
Federal Register of Legislative Instruments (ComLaw).
For additional information about permanent residence for international students,
we invite you to contact Diana Tong or Nigel Dobbie.
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From 1 April 2005, it will be easier for applicants from certain countries to obtain Student Visas. The English language and financial test for student visa applicants from certain countries will become lower (easier).
"Student visa changes for 1 April 2005," Information for Education Providers, 13 January 2005 (includes link to table showing the changes)
"Student visa reform success," Media Release VPS 016/2005, 12 January 2005
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The Australian Institute of Medical Scientists (AIMS) is the body that assesses applicants wishing to migrate to Australia as medical scientists or medical laboratory technical officers. There are twelve medical laboratory science courses that have been accredited by AIMS; these are listed on the AIMS website
www.aims.org.au. Graduates of these courses are assessed as medical scientists on graduation.
Graduates of other courses, whether in Australia or overseas, are required to have a minimum of two years postgraduate experience, in addition to a relevant degree, and must then pass the AIMS professional examination before being assessed as a medical scientist.
According to a January 2005 media release, AIMS is concerned that many students come to Australia and study general science or medical science courses that are not accredited by AIMS. Most of these students are disappointed when their qualifications do not make them eligible to be assessed as a medical scientist and gain that magic 60 points.
For additional information, please visit the AIMS website
www.aims.org.au.
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by Sharon McCabe
Changes to the Skilled Migration program will take effect from 1 July
2003. These changes will result in many people no longer being eligible
for the "work experience" exemption, currently available to them
following recent completion of a degree, diploma or trade qualification in
Australia; unless they meet the new stricter threshold requirement.
Who is Adversely Affected?
Whilst the Regulations have yet to be gazetted, and we therefore are
unable to confirm the precise format they will take, we believe that the
changes will impact greatest on those people who are currently studying
for a one year or one and a half year degree or post graduate diploma,
with the intention of applying for skilled migration upon completion.
After 1 July 2003 they will no longer be eligible to apply for skilled
migration essentially because the Minister has increased the required
period of study in Australia from one year to two years.
A further change is that study must have been at one institution only,
unless the applicant met the requirements for the award of a degree,
diploma or trade qualification before commencing study at the second
institution. The study must be relevant to the nominated occupation.
The precise impact of this requirement will only be known when the
Regulations are published, in mid-June.
Who will Benefit?
Applications already lodged and currently being processed will not be
adversely affected by these changes. In fact, in some instances applicants
may benefit from these changes. The Minister will allocate a further 5
bonus points where the applicant has lived and studied in regional
Australia or a low population growth metropolitan area. Excluded areas are
Sydney, Newcastle, the NSW Central Coast, Wollongong, Melbourne, Brisbane,
the Gold Coast, Perth and the Australian Capital Territory.
Further, occupations on the MODL will receive an additional 5 points
under the new Regulations, being 10 points instead of 5 for being on the
MODL, and 15 points instead of 10 with a job offer (from an acceptable
company).
Pre-1 July 2003 Applications
Applications lodged before 1 July 2003 will remain valid applications
and be processed as before. They will still be eligible for the allocation
of 5 bonus points for Australian qualifications.
Applications that are lodged after 1 July 2003, but where a valid
application for a subclass 497 Graduate-Skilled (Temporary) visa was
lodged before 1 July 2003, will be considered under pre-1 July 2003
criteria and therefore will only require 1 year of full time study.
Similarly, they will still be eligible for the allocation of 5 bonus
points for Australian qualifications.
Bonus Points – Australian Qualification
Applications lodged after 1 July 2003 must have completed at least two
years of study for the award of the degree, diploma or trade
qualifications to be entitled to 5 bonus points for Australian
qualification (as required to make a valid application after 1 July 2003).
An additional 5 points will be awarded to applicants who have completed
an Australian doctorate as the result of at least 2 years of full time
study (15 points instead of 10 points).
Applicants who have completed an Australian bachelor degree as a result
of at least 1 year of full time study, followed by an Australian masters
degree or honours degree (at least upper second class), with a total of
two years of full time study, is eligible for the award of 10 points.
As noted above, the Regulations implementing these changes have not yet
been gazetted and are therefore not currently available to us in their
Regulatory format. When the gazetted Regulations are available we will
able to provide updated information.
Meanwhile, we encourage students and others interested in the skilled
migration category to read the Department's Skilled
Migration Update, which includes a summary of the planned changes,
link to the Minister's announcement and a link to a series of questions
and answers.
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