A Model Citizen?

The Citizenship Act forms an important part of a Migration Agent's knowledge base.

Sure, we don't get hundreds of citizenship enquiries - I don't think it's a huge money spinner for anyone, but it is still vital that agents possess a good knowledge of how citizenship works.

Today I advised a client about their citizenship options. They have never lived in Australia, are citizens of a South-East Asian nation, and want to send their kids to school here.

So how could they be eligible for citizenship?

It transpired that my client's mother was an Australian citizen back in the mid-Twentieth century and though there is still an issue as to when the mother ceased (or in fact if she did cease) to be a citizen, we have been able to collect evidence that she was definitely a citizen when my client was born.

The result, under s16 of the Citizenship Act 2007, is that my client might just meet the criteria for citizenship. It's not easy though, and there are still a number of hurdles to jump.

So, what did I learn from this? Knowledge of the Citizenship Act is almost as important as knowledge of the Migration Act. It's a complex maze of "ifs" and "buts" so a great outcome for my client, may not have been if they hadn't sought advice...

Success!

There's no feeling like the joy of ringing a client to tell them their visa has been approved. This is especially so when their case was one of high risk or possible hurdles.

Today I finished reporting to a client whose permanent spouse visa was approved - an outcome that appeared to be against the odds but, thanks to some clever submissions and careful application of the Migration Regs, we were able to get her over the line.

What was so special about this case? My client had been unlawfully in Australia for almost a decade - so by all rights, one would think the only visa she'd be eligible for would be one that enables her to leave the country.

The Regs, however, allow for an onshore application despite even a ten year period of unlawfulness in compelling or compassionate circumstances. Of course, it took some arguing to prove those circumstances existed here.

This is why seeking proper advice about a migration application can be so vital - we can't always find the right answer, but when a solution is there, you can be sure we'll help you find your way!

I love this job.

July 1 = changes galore

The visa system has undergone one of its usual tidy-ups overnight with DIAC releasing a raft of legislative changes today.

This includes the usual increase in fees and charges (although quite a steep increase this year I think), changes to forms (waaaay too many changes to forms) and a number of minor tweaks to the legislation.

This effects applicants for remaining relative visas, the balance of family test, some bridging visas and new rights for people of same-sex relationships to be granted visas as secondary applicants.

Check out DIAC's change notification here: http://www.immi.gov.au/legislation/amendments/

Such a hodge-podge of changes leads me to think, as I so often do: why don't we scrap the whole lot and start again? Surely we could make more sense of this beast that is "migration" if we weren't trying to hold the system together with band-aids?

Maybe one day...........

A change in store for Migration Agents

Most people will know by now that the MARA (the regulatory body for Agents) is moving from an independent authority to the DIAC tomorrow.

What exactly this will mean for agents is unclear, and it is likely we'll be waiting a while to see where this leads us.

In the meantime, the Migration Institute of Australia has released a report following a mini-workshop of agents to respond to stakeholder perceptions of agents. Noticeably, clients were not one of the stakeholders whose perceptions were canvassed, but the report is still an interesting read. See it here:
http://mia.org.au/latest-news/Migration-profession-s-opportunity-for-change-Report-released-200.html

I was one of the participants in the workshop which, I think, produced some interesting discussion points for taking the profession forward.

I would welcome any comments or opinions.

Migratory Patterns - launch

Welcome to my latest blogspot.

There is so much happening in Australia right now in relation to migration. Law and policy, as well as the ever-fickle public opinion, are constantly changing.

For that reason, I have decided to start a blog to help you (and me) keep on top of the ever-changing world of Australian migration.

I welcome all feedback and comments!

Cheers,
Nick