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Law Articles and Ezines
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376. COMPELLING NEED TO WORK
April 24, 2018
The applicant applying for the work right must prove to the immigration department that he/ she have compelling need to work. Financial hardship and nomination are contents of the compelling need to work. Financial hardship does not have a legal definition in the immigration department. Immigration department defines compelling need to work as the cost of the reasonable living expenses that exceed the ability to pay for all of them. You are required to include every evidence of your income, the savings in your application form. The day to day expenses must also be included on the applica... (read more)
Author: Alice Ken
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377. SUBCLASS 139
April 24, 2018
The subclass 139 visa is no longer issued and was to repealed in July 2012. The visa was set that there will be no points which will be tested. The subclass 139 visa is referred to as skilled designated area sponsored visa. The subclass 139 visa was to be replaced by two-stage visa. For you to be eligible for subclass 139 visa you need to be under 45 years of age, have the recent work experience, must be sponsored by eligible Australian citizen and have skilled qualifications that must be assessed by relevant authorities. Applicants must comply with the conditions that are stated in the vi... (read more)
Author: Alice Ken
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378. BRIDGING C (CLASS WC)
April 24, 2018
Bridging C (class WC) visa is a temporary type of visa. It can be granted to an applicant who lodges the application of the Australia substantive visa and who do not hold any substantive visa. Bridging C( class WC) visa allows the applicant to stay lawfully in Australia until the decision is made of their substantive visa. Bridging C (class WC) visa allows you to stay in Australia the new substantive visa is been processed. You can automatically apply for bridging C (class WC) visa even if you have a substantive visa. Bridging C (class WC) visa is granted to the applicant who do not hold a ... (read more)
Author: Alice Ken
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379. ELIGIBLE NON-CITIZEN (ACT, S 72)
April 24, 2018
An eligible noncitizen is found in section 72 of the migration regulations of 1994 that deals with the persons who are eligible to be granted the bridging visa. The sub-regulation 2 of the Eligible non-citizen Act, S72 applies to the non-citizens before September 1994 was in a custody under the Division 4B of part 2 of the Act, was released from the custody on the expiry of the period referred in the subsection 54Q of the Act, had not departed Australia after being released from the custody and has not been granted visa or the entry permit. The sub-regulation 3 of section 72 applies to the... (read more)
Author: Alice Ken
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380. BRIDGING R (CLASS WR) VISAS
April 24, 2018
Bridging R (class WR) visa is not very common Australia. Bridging R (class WR) visa can also be called removal pending visa. The bridging visa helps the applicant to stay in Australia legally. Bridging visas are not granted automatically and it depends on the circumstances that are included in the next visa. Some of the bridging visas may give directions like appearing before the department and specifies the time to leave from Australia. Failure to adhere to conditions listed in the bridging visa may lead to a negative income of the next visa applied or even limit the return to Australia in... (read more)
Author: Alice Ken
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381. STATUTORY DECLARATION BY ALLEGED VICTIM
April 24, 2018
The statutory declaration by alleged victim is made by the spouse or the de facto partner of the alleged perpetrator. A partner can mean the spouse or same-sex partners. The victim must set the allegations out and the person who is alleged must have committed the family violence. The family violence can be physical, financial or psychological abuse. Family violence is a crime which is not acceptable in Australia. In case you have applied for a permanent residence, you are not supposed to live in abusive relationship. The provision of family violence allows one to continue with the applicat... (read more)
Author: Alice Ken
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382. SPONSORSHIP UNDERTAKINGS
April 24, 2018
Under the subsection 140H (1) of the Migration Act of 1994 of Australia Constitution, thesponsorship undertaking is well elaborated.The applicant must make the undertakings for the approval of the business sponsor. The applicant must make sure that the cost of the return travel by the sponsored person is fully met. The Act requires the applicant not to use a person who is in a breach of Australia immigration laws. The Acts also recommends that the applicant must comply with the responsibilities stated in the Australia immigration Act. The applicant is required by the Act to tell the respons... (read more)
Author: Alice Ken
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383. 2 YEAR STUDY REQUIREMENT
April 24, 2018
The basic need for students who wish to apply subclass 485 visa that is a temporary graduate visa must meet the2-year study requirement. Subclass 485 visa allows students stay in Australia after the completion of the studies and to improve the permanent residence eligibility. Application of subclass 485 visa is lodged six months after the date of completion. To meet the 2 year study need, you must have either a degree, diploma or trade qualification of the Australia education system, the completed course must be in approved courses of the international students, the visa must be in complianc... (read more)
Author: Alice Ken
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384. DISCLOSURE OF PERSONAL INFORMATION
April 24, 2018
Disclosure of personal information may be done to the approved professional development sponsor and to the former approved development sponsor. The subsection53.30 of the Privacy Act of the Australia constitution restrict the disclosure of personal information. The Act focuses on regulating the activity of the credit in reporting agencies, the credit providers and any other agency that is entitled to set rules. The Act prohibits the access to credit by unauthorized people. Personal information may include the IP address, telephone number, birth date, the email address, the employment infor... (read more)
Author: Alice Ken
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385. ETA-ELIGIBLE PASSPORT
April 24, 2018
This type of visa allows the applicant to visit Australia for business purposes as many time as possible and one can stay for three months in each visit. One can be eligible for this passport if outside Australia and if one is a holder of a passport of a certain country. A passport is said to be ETA-eligible passport if it is valid as specified in the Gazette Notice and if the conditions in the Gazette Notice are satisfied with the application. According to an ETA-eligible passport, a person is a member of the family if the person is a spouse to a family head or if a dependent child of the ... (read more)
Author: Alice Ken
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386. CONCESSIONAL COMPETENT ENGLISH
April 24, 2018
The requirements of English language for the provisional regional visa applicant who usually claims the concessional competent English is going to raise from the average of 5.5 to 6.0. This change applies to the applicants of the subclass 475 and subclass 487. In concessional competent English, you must have the basic competence in the English language through your skills may not be consistent in reading, writing, speaking and listening. In case you have applied for skilled- regional sponsored visa, then you are in a place to claim for points in concessional competent English. The applica... (read more)
Author: Alice Ken
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387. WAIVING A BAR
April 24, 2018
The subsection 400 (2) of the Migration Act states that the minister may waive a bar that is placed on standard business if the person has made a request to the minister to waive that bar. The subsection 1400 (3) has the criteria that should be taken into the account by a minister in waiving a bar. The minister should decide whether Australia’s interest will be affected or not, whether the trade opportunity would be lost, whether there would detriment to the Australian community and if the person’s inability to standard sponsor would damage Australia’s relation with other countries. The minis... (read more)
Author: Alice Ken
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388. REVOCATION OF DECISIONS BY MINISTER
April 24, 2018
The Canadian government passed the Act to amend the Citizenship Act and also to make consequential amendments to other Acts to bring significant changes in Canada’s citizenship revocation laws. As a result of the revocation of decisions by the minister, the citizenship revocation proceedings do not apply to the dual citizens who are living in Canada and who have been convicted of the treason, terrorism and spying offenses. The officials are supposed to use the Canadian criminal justice system. The minister may revoke the citizenship on the ground that the person obtained it in a false repre... (read more)
Author: Alice Ken
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389. PROFICIENT ENGLISH
April 24, 2018
You must provide evidence of your ability in the English language if at all you are applying for a skilled migration. Proficient English can be defined as the ability of one to speak and do in language. The required English level depends on the type of visa to be applied. The timing of English depends on the type of visa applied. If you prove proficient English you are in a place to meet 10 points in the English language ability. If you claim to have proficient English you must score about 7 points in the four tests that are writing, listening, reading and speaking that are components of ... (read more)
Author: Alice Ken
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390. REFUSAL OR CANCELLATION OF VISA
April 24, 2018
If you want to apply for a visa, you must make sure that you satisfy the character test that is defined in the Migration Act. If your visa is either refused or canceled, you have limited time to decide the next step and it is very important to get the right advice from right people. The refusal or cancellation of visa may result if the applicant did not pass the character test that was set. The grounds for the refusal or cancellation of visa are set under section 501 of the Migration Act. Visa canceled is automatic if the visa applicant is sentenced to imprisonment of 12 months or more. ... (read more)
Author: Alice Ken
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391. CANCELLATION OF BUSINESS VISAS
April 24, 2018
Visas can be canceled by the department of immigration under certain circumstances. Section 134 of the Australia Migration Act sets out the grounds in which business visa can be canceled. The power of visa cancellation applies to all visas with the words Business Skills. The applicants are advised to understand clearly the circumstances that may lead to the cancellation of business visas and the consequences that follow. The cancellation of visa can either be revoked or avoided. In cancellation of the business visa process, one is expected to have the relevant form that you must fill it by... (read more)
Author: Alice Ken
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392. SUBCLASS 861
April 24, 2018
The subclass 861 is known as skilled-onshore independent New Zealand citizen. The applicant of this subclass of visa must be under 45 years and must have nominated skilled occupation in the application. The subclass 861 applicant can prove that was employed in the skilled occupation if 60 points have been specified in the Gazette Notice. The skills of the applicant must be assessed by the relevant authority before subclass 861 visa is granted. The applicant must have the requirements set out in the subdivision B of the Act. When applying for subclass 861 visa, the applicant must have voca... (read more)
Author: Alice Ken
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393. SUBCLASS 496
April 24, 2018
Subclass 496 is a type of visa that is known as skilled designated area sponsored visa. Subclass 496 visa allows the applicant to work, live and study in Australia and the applicant is eligible to apply for a permanent residence. For you to qualify for subclass 496 visa you must be under 45 years of age, have excellent English skills, recent skilled working experience, be sponsored by an eligible relative who lives in designated areas in Australia have your skills must be assessed by the relevant authority. The subclass 496 visa closed new application in 2007 but you might be in a place... (read more)
Author: Alice Ken
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394. COMPETENT ENGLISH
April 24, 2018
You must provide evidence of your English language if at all you are interested in applying skilled migration. Competent English is a general requirement for someone who intends to apply for general skilled migration and for the employer-sponsored visas. Before you apply for the visa you must do the set visa criteria. The applicants must prove that they have competent English for them to qualify for the specified type of visa instead of demonstrating the basic knowledge of the language this is done by undertaking and passing the English language tests that are accepted by the Department of ... (read more)
Author: Alice Ken
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395. You May Need Help with Social Security Disability Insurance Law
April 09, 2018
Social Security Disability Insurance (SSDI), in simpler terms, is a system that offers disability benefits to people, if they cannot work due to a disability. In most cases, these benefits are offered for physical disabilities. Below are some of the other things you should know about SSDI. Who can qualify for SSDI?
Social Security Administration (SSA) has rules for people seeking benefits under the system.
- They must have a physical/mental condition, which prevents them from engaging in substantial gainful activities.
- The disability is expected to last for at least a year,... (read more)
Author: Simonds Lee
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396. Opt for The Finest Skilled Law Practice Software Service-provider!
April 07, 2018
Ostensibly, law Practice management software is software by that lawyers have the ability to deal with their consumer information, the event information and business things, readily. Nevertheless it includes several benefits, but today, you can find a number of attorneys readily available who failed to use this specific particular tool. But now, you can find a number of medium and large size attorneys decide on this software since it's decreasing their job heaps. Now you need to analysis after which should select a website. You will find a lot of matters you need to think about before picking ... (read more)
Author: Mark Well
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397. Anti-Gun Marchers a Generation Long Product of liberalism
March 31, 2018
Anti-Gun Marchers a Generation Long Product of liberalism
It would seem that a Christian writer would be bound to say what is said here, but I would argue it only takes someone with their eyes wide open, no more, and no less.
The first thing we look for when someone does some desperate act against humanity is the facts and details of their background. Oddly, we never think to look at our own collective behavior and background in order to trace the development of our own decline and or demise. That takes honesty that an angry crowd rarely possesses.
How far back are we willing t... (read more)
Author: Michael Bresciani
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398. GROUNDS FOR CANCELLATION OF VISA
March 28, 2018
In the grounds for cancellation of a visa , there are two stages of making a decision that must be passed for you to be allowed to cancel the visa. The minister must make sure that the person passes the character test which is referred to as threshold test. The threshold test is set in subsection 501(6) under section 501. The migration Act states someone does not pass character test if he/ she has a substantial criminal record, it has been convicted with the immigration detention offenses and if has been seeing associating with the person known to have either past or present criminal conduct... (read more)
Author: Alice Ken
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399. SUBCLASS 836
March 28, 2018
Subclass 836 is a type of visa for somebody in Australia who needs care for relative living in Australia with a permanent medical condition or somebody who want to aid the relative in providing care to the family member with a permanent health condition. For you to be eligible for subclass 836, you must be fully willing to give any real or continued care for your relative. For your relative to be eligible for subclass 836, the relative must have been assessed by the designated health service provider, the relative should not get care from another source in Australia and the relative must be ... (read more)
Author: Alice Ken
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400. SUB CLASS 863
March 28, 2018
Subclass 863 visa is a type of visa which is mainly for skilled- onshore designated area sponsored New Zealand citizen. The application must be made before September 2007. The applicant must have attained 18 years and above, the applicant must be an Australian citizen, must be Australian permanent resident or eligible New Zealand citizen. The applicant of subclass 863 must be either the parent, sister, brother, aunt, niece, uncle, nephew or a child either adopted and who is not a dependent of the sponsor. The applicant must be sponsored by a sponsor, where the sponsor must be a resident in t... (read more)
Author: Alice Ken
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