Non-Genuine Student?

Being a genuine temporary entrant (GTE) for any temporary visa is an important requirement and no less so when applying for your Student visa (subclass 500).

Non genuine student

A student visa holder may be considered a non genuine student if it appears that their primary intention is not, or not likely to be, to undertake study. The following are some situations in which the DOHA is likely to consider one a non genuine student:

• There is evidence that the student visa holder is not attending their course (for example, they are located working in another State/Territory while their course is in session) even if they are complying with condition 8202 (see below).
• The student visa holder is enrolled but has large periods without actual study (for example, if they are enrolled in a future course but have an unreasonable period without actual study).
• The student visa holder is unaware of the details of their course or the location of their education provider.
• The student visa holder has arranged for another person to attend many classes or exams on their behalf.
• The student visa holder admits at interview that the primary purpose of their travel to, or stay in, Australia is to work.
• There is evidence that the student visa holder has been in Australia for a significant period of time but has not completed any course of study and is not demonstrating a pathway to an educational qualification or outcome.
• There is evidence that a deferral was granted by an education provider for non genuine reasons, such as the student claiming that a family member has taken ill or passes away, and this is proven to be false, or that the student was granted a deferral to leave Australia for personal reasons and never left.
• The student has been deferred or temporarily suspended from their course of study by the education provider due to the student’s misbehaviour.
• The student has been deferred or temporarily suspended from their course of study by the education provider for reasons that are not compassionate or compelling or beyond the student’s control, such as to allow them to work.
• The student has been deferred or temporarily suspended from their course of study by the education provider for legitimate reasons, such as a personal illness, and the student has recovered and is fully able to resume studies but has not done so.
• The student has requested deferral or temporary suspension of their course of study from their education provider granted based on fraudulent or misleading documents or evidence.
• There is evidence, such as a statement made by the visa holder, that the visa holder’s primary intention for travelling to Australia is for purposes other than study.

Condition 8202

Condition 8202 is mandatory for all student visas:

1. You must remain enrolled in a registered course (unless you are a Foreign Affairs of Defence sponsored student or secondary exchange student in which case you must maintain full-time enrolment in your course of study or training).
2. You must maintain enrolment in a registered course that is the same level as, or at a higher level than, the registered course for which you were granted a visa.
3. You must maintain satisfactory attendance in your course.
4. You must maintain satisfactory course progress for each study period as required by your education provider.

Note: A registered course is one that is on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).

Conduct not contemplated by the visa

Conduct not contemplated by the visa refers generally to academic misconduct. Examples of this include and are not limited to:

• A student visa holder is found to be selling essays on campus.
• A student visa holder is found to be engaging in academic misconduct such as repeatedly cheating in exams .
• A student visa holder is found to be involved in serious plagiarism.
• A student visa holder is found to be receiving payment to attend classes or exams on another student’s behalf.
• A student visa holder is found to be using their provider’s resources for private or business purposes.

Of course, not being a genuine student is only one of the reasons for which a student visa holder may face cancellation of their student visa. Not adhering to the conditions on their visa naturally will endanger any visa holder’s visa, or engaging in criminal conduct and so forth. However we feel that it is important to cover how one might be taken to be a non genuine student; as you can see, some of the above situations can arise even when a student is genuinely in Australia to study and has no ulterior motive, but may perhaps an individual who is not very hardworking or trying to lubricate their academic life through selling essays or cheating.

When deferral or suspension of studies is acceptable

There will be situations in which one might find that they need to defer or temporarily suspend their studies and this is not considered unacceptable where compassionate or compelling reasons exist.

Compelling and compassionate circumstances are taken to be those that are beyond the control of the student and which impact upon the student’s course progress or wellbeing. Examples of such circumstances include and are not limited to:

• Serious illness or injury, where a medical certificate states that the student was unable to attend classes.
• Bereavement of close family members such as parents or grandparents (where possible a death certificate should be provided).
• Major political upheaval or natural disaster in the home country requiring emergency travel and this has impacted on the student’s studies.
• A traumatic experience, which could include:
  • involvement in, or witnessing of a serious accident or
  • witnessing or being the victim of a serious crime

and this has impacted on the student (these cases should be supported by police or psychologist’s reports).

• Where the education provider was unable to offer a pre-requisite unit.
• The inability to begin studying on the course commencement date due to delay in receiving a student visa.

In such situations the DOHA may request evidence from education providers. The DOHA would ask that education providers provide copies of the evidence provided by the student to support their request for deferral or temporary suspension.

Perth Is a Cool Place to Live in Australia

Perth, located in Western Australia, is for sure one of the coolest places to live in Australia. It is a long way from just about everything, but the remote location makes it even more appealing. “Perthites” have long called their city “a hidden travel gem,” but it is coming into its own. Qantas has now made Perth a hub for their nonstop Dreamliner flights from Europe, which is bringing thousands of new visitors to the area. With the strong economy, high quality of life, and multicultural society, thousands of people from around the globe apply for Australian immigration annually. Key2Visas has a team of experts to guide you through the entire immigration process. You can receive personalized immigration services for a smooth experience.

There are so many impressive features to enjoy when living in Perth. One is the bar and nightlife scene which has exploded over the past few years. There are over 30 small bars located in the city with a thriving festival and art scene. Wolf Lane is home to street art by worldwide artists invited to the city by the City Council. Highlights such as indigenous Australian art, Argentinian artist Pastel’s work, and Stormie Mills, a local, are found here. Rottnest Island, named for the quokka found there, has white sand beaches, fantastic snorkeling, and bike trails across the island. Visitors can experience the annual humpback whale migration between September and early December. Living in Australia can be a dream come true with the help of Key2visas. Contact us today!

Canberra Named #1 City to Visit in Australia

Melbourne and Sydney must step aside as Canberra knocked both cities off of their top spot to now be ranked the number one city in Australia for travel in 2018 and also one of the top ten cities in the world. Reaching the number three spot on Lonely Planet’s ‘Best in Travel-Top Cities’ list, it is the lone Aussie city ranked in the top ten and the highest any Australian city has ever reached on the highly contested list. If you desire to live and work in this top country, contact Key2Visas. They will guide you through the immigration process.

The city of Canberra received outstanding scores received from Lonely Planet’s travel experts in excitement, x-factor, and topicality. They were only outscored by Seville, Spain, and Detroit, USA. Lonely Planet’s Chris Zeiher gives credit to Canberra’s new precincts, Braddon and NewActon, national treasures, cultural offerings, and gastronomic experiences. The newly decorated Hotel Hotel in NewActon is the epitome of new Canberra taste, using materials like reclaimed wood matching the Australian landscape.

A.Baker has its home in NewActon, where a perfect array of locally sourced wine and produce is offered. “This is the first year that Canberra’s picturesque Manuka Oval will host an International Test cricket match, providing sporting fans the perfect excuse to visit Australia’s federal capital,” said Zeiher. He mentioned that later in 2018, the Australian War Memorial would host the 100th anniversary of the WWI Armistice. Key2Visas offers their services to skilled immigrants who want to live and work in Australia.

Employer Sponsorship Visa Options

A number of visa options exist for employer-sponsored visas. You must have an employer to sponsor you. *Please note, it is not possible to sponsor yourself unless you have an active trading business and can show strong financials and the ability to employ at least 3-5 full-time Australian citizen employees.

Please refer to the list below regarding the main requirements for employer-sponsored visas. Please keep in mind that apart from these visa options you may qualify for a number of other visas which include work rights. Please note, skilled occupation lists changed recently, several occupation lists now exist for each visa subclass including extra requirements for many occupations. To ensure you obtain precise info for your specific situation it is best that you arrange a full migration assessment to confirm the best visa option for your situation.

Temporary Skill Shortage (Subclass 482) visa

Basic business requirements and facts:

• More than 500 occupations to choose from
• Occupation must be listed on relevant skilled occupation list for this subclass
• Visa duration 2-4 years initially depending on occupation and contract
• Business sponsorship approval valid for 5 years
• No age limit for worker
• Registered and lawfully operating business either established or start-up
• Sufficient funds required for business expenses and employee salaries including foreign worker/s
• Applicant must have appropriate skills and/or qualifications related to the skilled occupation – at least 2 years of work experience, exemptions apply in some cases
• Applicant must have an equivalent English IELTS score of 5 average with a minimum score of 4.5 in each component -or- equivalent IELTS 5 in each component depending on your occupation *exemptions apply in some cases eg if you are an eligible passport holder
• A skills assessment is required for some occupations
• An employer must pay market salary rate for full-time employment, 38 hours per week
• Salary must not be less than $53,900 + superannuation, overtime additional
• An employer must provide evidence of training expenses – 1-2% of total payroll or contribution to industry training fund depending on whether business employs Australian citizens or permanent residents. This requirement can be met in different ways. *This is currently not required until the new Skilling fund comes into effect
• An employer must provide evidence of genuine need in most cases – our office will provide assistance including detailed guidelines and confirm whether this is required in your case
• A business plan or organizational chart may be required in some cases
• Advertising of the position is required in some cases
• Additional information may be required depending on each particular case

Process

Stage 1 Standard Business Sponsorship (SBS) application
Approval required for an employer to sponsor foreign workers. More than one worker can be sponsored. Sponsorship approval will be valid for 5 years.

Stage 2 Nomination applicationEmployer nomination required for the proposed worker (including family) and skilled occupation.

Stage 3 Visa applicationPersonal details of worker required including medical and character information. Worker requires appropriate qualifications and/or skills for nominated skilled occupation as well as relevant English score.

Transition to Employer-Sponsored Permanent residency available for specific skilled occupations and for those with at least 3 years of experience, other requirements also apply. For those who held a 457 before 18 March 2018, only 2 years of work experience may be required to obtain permanent residency including other requirements as per old regulations.

Employer Nomination Scheme (Subclass 186) visa 
Temporary Residence Transition streamPermanent Residency

*For those who held a 457 before 18 March 2018, only 2 years of work experience may be required to obtain permanent residency including other requirements as per old regulations.

• Occupation must be listed on relevant skilled occupation list for this subclass
• Applicant must have held 482 visas for 3 years in nominated occupation however old regulations apply in some cases
• An employer must have complied with 482 sponsorship obligations
• Max age 45
• Sufficient funds required for business expenses and employee salaries including foreign worker/s
• Applicant must have appropriate skills and/or qualifications related to skilled occupation
• Applicant must have an English IELTS score of at least 6 in each band, 
• An employer must pay market salary rate for full-time employment, 38 hours per week
• An employer must provide evidence of training expenses – 1-2% of total payroll for last 12 months or contribution to industry training fund depending on whether business employs Australian citizens or permanent residents. This requirement can be met in different ways.
• Additional information may be required depending on each particular case

*For regional areas, the RSMS187TRT applies
Employer Nomination Scheme (Subclass 186) visa
Direct Entry streamPermanent Residency

• Occupation must be listed on relevant skilled occupation list for this subclass
• A 482 is not required for this option
• Applicant must have appropriate skills and/or qualifications related to skilled occupation
• Applicant must prove 3 years of work experience
• Applicant must obtain positive skills assessment for the skilled occupation
• English IELTS score of 6 is required in each band,
• Max age 45
• Applicant and employer must declare that employment will last for at least 2 years
• An employer must pay market salary rate for full-time employment, 38 hours per week
• An employer must provide evidence of training expenses – 1-2% of total payroll for last 12 months or contribution to industry training fund depending on whether business employs Australian citizens or permanent residents. This requirement can be met in different ways.
• Additional information may be required depending on each particular case

Regional Sponsored Migration Scheme (Subclass 187) visa
Temporary Residency and Direct Entry streamPermanent Residency

• Occupation must be listed on relevant skilled occupation list for this subclass
• Applicant must have held the 482 visa for a specific period of time to qualify for the temporary residency stream; the 482 is not required for the Direct Entry stream
• An employer must be based in a regional area
• Applicant must have appropriate skills and/or qualifications related to skilled occupation
• English IELTS score of 6 is required in each band, 
• Max age 45
• An employer must pay market salary rate for full-time employment, 38 hours per week
• An applicant may need to prove residency in the regional area in some cases
• Additional information may be required depending on each particular case

Please note, your employer will also need to be assessed to ensure the company meets all requirements for sponsorship. To ensure you obtain precise information for your specific situation please arrange an appointment with our Migration Specialist. Our Migration Specialist will conduct a full migration assessment and advise which visa option or pathway is best for you. 

WHAT IS GLOBAL TALENT SCHEME?

Minister for Citizenship and Multicultural Affairs, Alan Tudge, introduced Global Talent Scheme.

It is a new visa scheme to attract highly skilled global talent and deliver innovation to Australia, targeted mostly toward tech industry

It will commence in July 2018 on a trial basis of 12 months.

With the end of subclass 457 visa (that halved the number of visa grants from 130,000 to 70,000) and tech community’s concern is that Temporary Skilled Shortage TSS visa won’t cover the ever-widening gap of tech jobs that need to be fulfilled in Australia.

The so-called Global Talent Scheme is set to be the solution for what the tech industry doesn’t find in TSS visa.

WHAT IS GLOBAL TALENT SCHEME?

In the ministerial press release, this initiative was driven by the acknowledgment that the Government recognizes there is fierce competition globally for high-tech skills and talent, and that attracting these people helps to transfer skills to Australian workers and grow Australian-based businesses.

Or, as Minister Tudge said:

“This is part of the ongoing reforms to our skilled visa programs to ensure that Australians have priority for Australian jobs, but acknowledge that there are times when the skills are not available in the country.”

VISA STREAMS

Global Talent Scheme consists of two streams, namely the established business streams and the start-up streams.

As the name suggests, the established business stream is aimed at publicly listed companies or those with two consecutive annual turnovers north of $ 4 Million. The nominated position must also have minimum annual earnings of $180,000.

The start-up stream, meanwhile, is aimed at newly-established companies with STEM-related fields (science, technology, engineering, and math) background, including but not limited to agricultural tech, medical tech and so on and so forth.

The minimum annual earning of the nominated position can’t be less than the Temporary Skilled Migration Income Threshold which currently stands at $53,900. This can include equity (which is a common offering in start-up payment package) but it has to incorporate cash components as well.

Both streams require the sponsoring businesses to conduct Labour Market Testing on available positions.

WHAT ARE THE HIGHLIGHTS OF THIS VISA SCHEME?

According to the Fact Sheet, successful applicants will have access to a 4-years stream (mid-term) TSS visa and certain age cap concession. But not just that! The pathway to permanent residency will also be available for them after 3 years. The latter, of course, is the most welcome features for Australian visa applicants.

WHO’S SUITABLE TO APPLY FOR GLOBAL TALENT SCHEME VISA?

Global Talent Scheme will be attractive both to individuals in, and businesses in need of, middle-to-high level (possibly C-level execs) position related to the tech industry.  It will also be relevant to people whose job titles didn’t exist 5-10 years ago.

As emphasized by the co-initiator, Minister for Jobs and Innovation Michaelia Cash, those individuals–skilled and experienced as they are–are likely to become job multipliers, who, by transferring their skills, knowledge, and expertise, will benefit Australians in the long run.

“We want to ensure that Australian businesses can access the best talent in the world because this will underpin business growth, skills transfer, and job creation.”

WHEN WILL IT START? WHAT’S THE TIMELINE?

This pilot visa scheme is projected to commence in July 2018. The trial will last for 12 months until June 2019. The Government will use the time remaining to refine its implementation. For example, the entity of “start-up authorities”–which can be anything from influential incubators/accelerators to the collective group of similar start-ups –whose endorsement is needed by companies nominating a position in the start-up stream, are yet to be decided. The Government will do it primarily by consulting with stakeholders and industry leaders.

HOW CAN I APPLY FOR GLOBAL TALENT SCHEME?

Employers who may qualify for the Global Talent Scheme should stay tuned for further details before and during the twelve-month pilot.

For advice and information on immigration to Australia in general, please email us at key2visas@gmail.com

The Solution To IELTS Fear

We are human beings and we feel relaxed and comfortable only with the familiar. What scares us is the shadow of the unknown but still, we should try to remain calm and composed so that the irrational fear vanishes in no time and the doorway to our success remain clear and intact.

The majority of people dislike tests and examinations because they could be anxious and uncomfortable. Students’ self-confidence could deteriorate due to the high stress and in most of the extreme cases, people simply fear and lose the ability to think clearly.

IELTS is also one of the English tests that could be a big problem for many people all around the globe. There are many parts of IELTS that can be intimidating unless you know how to handle them. The actual way out is to get acquainted with all the frightening facets of the IELTS exam. These fears and uncertainties will certainly cease to exist if you take the element of surprise out of IELTS.

Please note, the IELTS exam may not be the only option for you. You may qualify to sit a different English exam. Read more about English exam options. This article is useful in any case for all English exams.

Here are the 5 things people are afraid of the most about IELTS:

1. What if I miss the answers in the Listening module?
One could lose attention and concentration when it comes to listening. If you ask any IELTS candidate what they fear regarding Listening module, most of the reply will come this way: “I am afraid to miss answers. I am afraid that I won’t be able to follow the recording”.

Practice and more practice is only the key to the solution. Practicing boosts confidence and gradually you will learn how to recover or progress even if you’ve missed a couple of questions; how to move on and get all the rest done. The weaknesses within you are revealed through the practice, the most difficult task start turning easy for you, and you will start gaining more points. If you devote yourself more to that task, it will certainly spring out the best result. The dedication will help you improve the overall band score.

2. What if I don’t have enough time?

The most common fear in the Reading and Writing sections is to not finish on time. People are often seen complaining about the shortness of time-length. The best way to deal with this fear is to take control of the time and manage it carefully. The students are given several passages but they should balance the limitation of time and carry on with calm and relaxed mind and make sure one passage doesn’t eat up all the time.

“Divide and Conquer” is one of the best time management method or technique. Before you start working on each passage, divide the given period of time in the very beginning of the test. No matter what, you should stick to the self-made rule of time-division. Even if you have questions unanswered, move on to the next passage. Consider this a damage control system – it will make sure that even if some questions were missed, most of the questions will be answered.

3. What if I have nothing to write about?

Many students feel that they have nothing to say or they don’t even have the ounce of knowledge regarding the particular topic. Reading a lot of essays on different topics is one of the easiest ways to get over it. Try to absorb other people’s notions and ideas. The truth is that IELTS examiners don’t care about the source of the information; what really matters is the way or a manner in which an essay is written.

4. What if I say the wrong thing?

The fear of conveying the “inappropriate” ideas is always hovering all around one’s mind. The concept of right or wrong ideas is nothing more than a mere thinking emerging out of mind as a result of fear and suspicion. As long as the student is speaking on topic and expressing their thoughts in a logical way, no idea can harm their score.

5. What if I have nothing to say?

Since there is always a shortage of time, the Speaking module often makes people feel uncomfortable. A fear of interaction with the examiner is always present and there is little time to think and speak out. What if they ask me a question and my mind goes blank, nothing to say at all? To make this anxiety exit the mind, people need to build up confidence. Who says wonders won’t happen? Indeed it will if you practice speaking for a couple of weeks with a list of topics; after you’ve proven the ability to speak to yourself, it becomes much easier to make it evident to the examiner.

Some students get nervous about being recorded. Surprisingly the reason for this procedure is to evaluate the examiner, not the examinee. There are cases when students are not happy with their score and demand re-assessment, which can only be done if there is a recording of the exam.

Please note: Migration laws are complex and continuously changing. A migration assessment with a registered Australian Immigration Specialist is a very important and worthwhile part of the migration process as it will allow you to obtain precise information for your situation based on updated legislation. Contact us today....

Article contributed by Simone Braverman, IELTS-Blog.com

Source: examenglish