Visadvice Blog
Current severe restrictions and tightening of visa regulations to migrate to Australia are affecting hundreds of thousands of people, who would like to emigrate to our lucky country.
Let me deviate to explain one thing first. People often ask why is your web site themed in black and white? Because that is the style of migration advice we give - plain and forthright. VISAdvice will tell you your visa options to migrate to Australia or obtain residence in the lucky country, or tell you if pathways are not open to you at all. The Code of Conduct for Migration Agents is quite clear about that, and we make every attempt to comply. We are obliged to tell you the plain truth about your chances, even when you may not want to hear.
Our clients provide the colour. The colour comes from some of those we have been in contact with, and who have inspired this blog.
For right or for wrong, the Australian Government has acted very harshly to many students who have been studying in Australia, heading down a pathway (they thought) towards permanent residence, by studying and obtaining qualifications here. Because of higher English requirements, and restrictions to general skilled migration, many students now have little option but to return to their home land when they graduate.
But for students whose families have gone deep into debt to finance study in Australia (it is expensive), the shame of, and sense of failure in returning home is a heavy burden. No wonder then we are seeing a range of behaviors for trying to remain in Australia, which inspired this blog - SHAMS, SCAMS, CONS & Other Ways to Lose Your Money. The title was becoming a little long, or we could have added .... and be refused a visa.
As Migration Agents, we usually hear about these things AFTER all has gone wrong.
Such as when recent graduates buy a business, to try an alternative pathway to PR (permanent residence). Coffee Lounges and Cafes seem to be favourites. After asking mum and dad (back home) for an additional couple of hundred thousand dollars to purchase a business, they come to us and say, "we are not making a profit; please help us". These are the CONS, where a desperate intending migrant pays an outrageously high price for a small business, and the projections and dreams of profits and migration all wash away with the reality that small business is very hard in Australia. Rents are high. Wages are high, and under new Fair Work legislation, serious penalties apply to under paying staff. The Employer even has to pay Superannuation on top of wages. Often the employees make more money than the boss. Particularly when the owner is from another culture, and has little previous business experience, and no experience whatever in trading conditions here, it can be extremely difficult. In these situations, not only do they fail to obtain a visa, but also family savings are lost when the business collapses, or is later sold at a loss.
Another favourite with the females is fashion retailing. Desperate to obtain a visa, some applicants are even tempted to cook the books and pay tax on dreamt up profits to match visa eligibility criteria. Ghost employees are paid to meet the criteria to employ Australian workers. These are the SCAMS. Under new rules for business skills, this is never going to succeed, and the penalties for being caught are very harsh. We have advised several clients NOT to be tempted into these spurious practices. But of course we have no idea what they do afterwards, because our professional links are immediately severed with such clients.
Then there are the SHAMS, the relationships of convenience. Would you believe that some people will even consider living with a person they do not love, to obtain a visa? A client was recently telling me of her experiences. This was in England actually, but the situation still involved a sham marriage. Migration officials knocked at the door one day and carted her "husband" off to jail. He was prosecuted and then deported. Years later she still wears the emotional scares, and laughs nervously as she tells the tale of being young, and very stupid. That is precisely why the evidence threshold of spouse visas is so high. Even legitimate couples sometimes scratch their heads to provide evidence of the social, emotional and financial support they provide to each other, and how to provide documents to evidence their mutual dependency and the genuine nature of their relationship.
Migration Agents are professionals of the highest integrity. So why publish SHAMS, SCAMS and CONS? Will it not provide ideas to desperate people? We think not. It is a measure of how desperate some are becoming to migrate to Australia, and to live in our lucky country. But no, when we have become aware of such schemes, the thoughts are all those of prospective migrants who have been caught in the plight of tighter migration rules, and lower migration quota. Depressing? Also no, most clients who come to us are wonderful people, who are totally sincere and genuine. Australia is lucky and privileged for such talented and genuine people who want to come here to live, and to raise their families here. It is the people of Australia who make this such a great country to live in ... and almost half the population here was either born overseas, or their parents migrated here from another country. We (Australia) do indeed need you, if you match the criteria for a visa, and it would be our pleasure to assist you professionally to gain your visa grant. But a message to others, to those who inspire this blog - please do not apply.
From "The Age" Newspaper, Melbourne.
Visa cut angers refugee activists
Kirsty Needham
February 1, 2012
TENS of thousands of residents trying to bring persecuted family members to Australia on special humanitarian visas stand almost no chance of success this year, with the program cut to just 750 places.
Only 149 places are left for the next six months, despite a backlog of 20,500 people with family links to Australia, including 12,000 husbands, wives or children seeking resettlement.
The dramatic cut in special humanitarian places, compared with 3000 visas granted last year, and 9000 in 2003, has been linked directly to the increase in boat arrivals by the federal government.
But the Refugee Council of Australia wants the government to scrap its controversial linking of the two programs, whereby each visa granted to a boat arrival causes one place to be lost from the special humanitarian program.
In a submission to a government review of the refugee intake, the council says drastic cuts to the visa class designed to bring close family of refugees to Australia is creating increased ''tensions and frustrations'' between community groups, and greater hostility towards boat arrivals seen as ''taking places'' from people trying to sponsor family.
The council has documented separated families facing financial distress, ''survivor guilt'', and in some cases resorting to encouraging those left behind in dire circumstances to make the journey by boat.
''If there is no way we can reunite with our family, we have little choice but to help our family come by boat,'' said one Burmese refugee living in Bendigo.
An African community leader in NSW said if Australia committed to bring in refugees it should ''finish the job'' - ''We would have fewer cases of people going for counselling if families were here.''
The Immigration Department, in a briefing paper, has warned the special humanitarian program ''is facing the greatest pressure since its inception'' and this year is ''likely to be the smallest program in 30 years''.
The federal government is considering introducing private sponsorship to expand the places available without hitting the federal budget.
Refugee council chief executive Paul Power said few refugee families could afford to bear the full cost.
He said Australia was the only country in the world that limited its humanitarian intake by creating a numerical link with asylum seekers arriving. ''It is a peculiarly Australian debate,'' he said.
The council's submission said the significant number of unaccompanied minors who had arrived by boat this year meant applications for family reunion under the humanitarian visa class would skyrocket in coming years and the program had become unviable.






