Jessie Icao Solicitors in Parramatta, New South Wales | Lawyer & law firm

Jessie Icao Solicitors

Locality: Parramatta, New South Wales

Phone: +61 2 9635 6500

Address: Suite 59, 48 George Street 2150 Parramatta, NSW, Australia

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25.01.2022 Update for Filipino Travellers to Australia Community quarantine: Philippines President Rodrigo Duterte announced on 12 March 2020 that the entire Metro Manila will be under ‘community quarantine’ starting 15 March 2020 until 14 April 2020 and no travel is allowed to and from Manila either by land, domestic flight, domestic sea travel to prevent the spread of COVID-19.... What happens if you travel to Australia after 15 March 2020: If you are not an Australian citizen or permanent resident and you cannot travel to Australia because of domestic travel restrictions, you need to re-book your flight with your airline free of charge. What restrictions are imposed for travellers to Australia: Filipino citizens are not allowed to travel to Australia if you transited or recently left from China, Daegu in South Korea, Iran and Italy within the last 14 days from arrival to Australia. I have a pending application in Australia and I will travel to the Philippines on Bridging B visa: Bridging B visa is like an entry visa which allows you to travel overseas and return to Australia for a specific period. If your Bridging B visa expired because of travel restrictions, you need to apply for another visa other Bridging B visa as this visa cannot be applied while you are outside Australia. It will jeopardise your application if you cannot return especially if you have an on-shore visa application. What will I do if my visitor’s visa expired because of travel restrictions: You have to apply for another visa to enable you to travel to Australia. How to prevent travel restrictions to Australia: Avoid getting a transit flight to Korea, China, Iran or Italy and do not make these countries as your point of departure. Can I return to Australia if I am an Australian citizen or permanent resident: Yes. Travel restrictions does not include Australian citizen and permanent resident but you are still subject to self-quarantine for 14 days if you transited or left in those countries mentioned. You will have to notify the Philippines government if you have flue like symptoms or visited a place in the Philippines where there are reported of COVID-19 cases. The same rule applies upon arrival in Australia so that property test and isolation will be afforded to you. Source: Department of Home Affairs and Philippines Department of Health

24.01.2022 Update 20/03/2020 am The Australian government has relaxed the work restrictions for international nursing students to support the overstretched health care sector in minimising the spread of Covid-19. This will mean that they can work more than 40 hours a fortnight during school. I envisage that a new migration regulation for this rule will come out shortly. They will assist on non-registered works such as taking temperature, bathing and staffing fever clinics so that regist...ered nurses can focus on skilled tasks. There is also an indefinite ban for Australian citizen and permanent resident not to travel overseas. As Prime Minister Scott Morrison said "do not travel overseas as the government is aware that biggest incidents of Covid-19 came from Australian returning overseas". Mr. Jessie Icao Australian Immigration lawyer Registered Migration Agent [9367993]

23.01.2022 Ken Becker Quiles appreciates your comments ‘thanks so much for keeping my dream alive’. You have all the options to work and live in the regional area as a registered nurse. Thank you for entrusting your immigration requirements to our firm.

22.01.2022 GOING THROUGH A STUDENT VISA MAZE (Ang Kalatas March 2019 article by Atty. Jess Icao) A STUDENT visa is a temporary visa which allows a student to attend a course in Australia with the intention of returning to his home country upon completion of the course....Continue reading

21.01.2022 Your visa and Covid-19 updated 15/03/2020 In view of community quarantine in Metro Manila where it prevents people from entering and leaving the place and the announcement of the Australian government that starting midnight of 15/03/2020 all international travellers will self-quarantine, I share some questions I received from our community and suggested answers: I am in Australia on visitor’s visa from Davao City and I am supposed to return to the Philippines on March 30 wh...ich is the expiry of my visa but my domestic travel is cancelled, what will I do? I suggest that you apply for extension of your visitor’s visa in Australia as while international travel to the Philippines is not yet restricted, you cannot make a connecting flight to Davao City as there is no domestic flight to and from Manila commencing 15 March 2020. Even sea or land travel is restricted to prevent the surge of Covid-19. Another option is to return to the Philippines and stay in Manila until 14 April 2020 as lockdown is in place in Metro Manila is only until 14/04/2020. It is suggested that you apply for visitor’s visa extension through the website of the Department of Home Affairs at: www.homeaffairs.gov.au using an immi account or seek professional help from a registered migration agent. I’m scheduled to travel to Australia as visitor on 1 April 2020, is there any restriction for my travel? Scott Morrison, the Prime Minister of Australia announced on 15/03/2020 that from midnight of March 15, 2020 anyone arriving in Australia will go on self-isolation for 14 days. This will mean that upon arrival in Australia, you are required to stay in your hotel or with your relatives or friends without going out for 14 days. This will defeat the purpose of your being a tourist. It is therefore suggested that you postpone your travel until the restriction is lifted by the Australian government. You will avoid cost and possible fine and jail if you violate the orders by going out during the self-isolation period. Anyway, visitor’s visa is usually valid 1 year from date of the grant. In New South Wales, people who refused orders to self -isolate could face a fine of $11,000 and six months jail. I want to extend my visitor’s visa but it has a ‘no further stay’ condition? No further stay condition means that you cannot make another application while in Australia. You have to request a waiver of the ‘no further stay’ and if granted, lodge an extension of your visitor’s visa before it expires. Mr. Jessie Icao is an immigration lawyer in Australia and registered migration agent [MARN9367993].

20.01.2022 Q & A on PAL repatriation flight from Manila to Australia as of 14/04/2020 Flight from Manila to Melbourne is available on Saturday, 18 April 2020.... Where to register: Register for a flight by 15 April 2020 at: mypal.vip/url/AuMelRepatFlight Include in your ticket domestic pick-up points from the following airports: Bacolod, Cagayan de Oro, Caticlan, Cebu, Davao, Dumaguete, Iloilo City, Puerto Princesa, Siargao, Tacloban and Tagbilaran, Bohol. Payment for domestic and international flight is your responsibility. You will then arrange with the border control in Melbourne for inward travel to your final destination after 14 days of quarantine which according to the latest information will be paid by the Australian government. What if you do not have any money to pay for your ticket: You may email the Australian Embassy in Manila at: [email protected] or ring consular assistance at: +61 2 6261 3305 and mention your hardship. If the Embassy will pay for your ticket, you have to repay later. Documents to keep during your travel: Your passport must have at least 6 months expiry and your own mask. The Australian Embassy advised that you need to print the hardcopy of your ticket to get through the checkpoints as e-copy might not be enough.

20.01.2022 LIVING AT YOUR OWN HOME IS NOT AS EASY AS SOME PEOPLE THINK By Atty Jessie Icao (Courtesy of Ang Kalatas News Magazine, Sydney February 2020) SHOULDN'T a Tribunal, a doctor, or social worker take into consideration the wishes of a 90-year-old woman to be cared for by her only son who came all the way from the Philippines to Australia to be her carer?... This is a story of Leonila Lipio, born in Surigao City, Philippines, and now an Australian Citizen. For so many years, she lived alone in a housing accommodation in Blacktown NSW. In an incident one day, Mrs Lipio forgot to turn off her stove and was taken to Blacktown Hospital at the aged care Unit of Blacktown City Hospital for assessment. It was reported that her social worker and consultant recommended that Mrs Lipio be moved to a nursing home. But her only son, Francis Pormento, arrived in Australia from the Philippines on tourist to look after her mother. Pormento was prepared to provide full-time care for his mother, who also indicated in clear statement that she wanted to sponsor her only son as she did not want to live in a nursing home. Mrs Lipio said that if the Tribunal or hospital would send her to a nursing home she would decline the offer and rather return to the Philippines so her son could look after her. Unfortunatly for her, because the Tribunal had already decided to manage the accommodation and financial affairs of Mrs Lipio, it would now be difficult for the Pormento to have an assessment on the suitability of Mrs Lipio to be cared for by her son at her present accommodation. Leonila Lipio is only one of the growing number of old-age people expressing their wish to stay at home and be looked after by relatives. This comes after continuing news reports over the years about aged care patients being shabbily treated by some nursing home workers. Mr Jessie Icao is a practising lawyer in Australia and a registered migration agent (MARN 9367993).

20.01.2022 Kudos to Atty Alex Icao, Senior lawyer of the firm and registered migration for successfully assisting a Filipino whose student visa application was denied because she came to Australia as tourist and applied for student visa. The applicant was denied both by the Immigration and the Tribunal but Alex appealed the case to the Federal Circuit Court of Australia. The Minister’s solicitor consented not to defend the case and the case was sent back to the Tribunal for further hearing. Last Friday, 12 June 2020 the Tribunal after hearing and written submissions by Alex, remitted the matter to the Immigration with a direction that the applicant satisfied the genuine entrant criteria for student visa. Icao

19.01.2022 Visa update to Australia I propose to answer some questions by our community on the announcement of Prime Minister Scott Morrison on 19/03/2020 that bans non-resident and non-Australian from travel to Australia effective 9:00 pm on 20 March 2020 to slow the spread of Covid-19. I have a visitor’s visa granted, can I use the visa when the travel ban is lifted?... Yes, provided your visa is still valid. Usually visitor’s visa is valid one (1) year from visa grant. I am presently in the Philippines as holder of spouse temporary visa, can I return to Australia using the visa? No, as you are not a holder of permanent resident visa. You have to wait when the travel ban is lifted. I have been granted a working visa (subclass 482 or 494) can I travel to Australia on this visa? At this time no, as you are not a permanent resident. Working visas are usually temporary visa. What will happen to my student visa if I cannot travel at this time? You have to make arrangement with your school to defer your studies to another school term as while you have been granted a student visa, the government banned travel at this time. Can the spouse or children of Australian citizen or permanent resident return to Australia? Yes, the ban covers holder of temporary visa only. How long will the travel ban last? There is no policy on the time limit of the ban. Prime Minister Morrison indicated ‘six months’ as general guide and the government will from time to time update us with any development. Mr. Jessie Icao Australian Immigration lawyer Registered Migration Agent [9367993]

18.01.2022 IT'S THE LAW Points to a visitor's visa By Atty Jessie Icao, Courtesy of Ang Kalatas News Magazine November 2018 edition)...Continue reading

17.01.2022 Q & A for Australian residents stranded in the Philippines as of 12 April 2020 What is the effect of lockdown in Manila? Community quarantine or lockdown has been extended by the Philippine government until 30 April 2020 to stop the surge of corona virus. It means that during this time you cannot depart Manila unless arranged by Australia and agreed by the Philippine government... What will I do now? Email the Australian Embassy in Manila at: [email protected] and provide the following: (a) copy of your passport (b) email address (c) contact telephone number (d) your present location or details of where you are staying and (e) accompanying traveller if any. This is important so you will receive updated information as the Australian Department of Foreign Affairs is in consultation with commercial airlines and the Philippine government on repatriation. For urgent consular assistance contact: +61 2 6261 3305 It is also important that you have funds ready for airline ticket as it is your responsibility to purchase ticket when flight is available. Can I travel to Australia via Hongkong? No. The current advise from Hongkong is that foreign nationals will not be allowed to transit its airport.

13.01.2022 Home Builder Scheme Are you planning to buy a property for residence or renovate your existing property, now is the time to kickstart that plan as the Australian Federal government is giving a tax free cash incentive of $25,000 to boost the Australian economy and support jobs in the construction sector. Eligibility criteria: (i) Australian citizen; (ii) natural person; (iii) 18 years of age or over; (iv) income of single applicant is less than $125,000 and couple is less tha...n $200,000; (v) value of new home is less $750,000.00 (vi) value of renovation is between $150,000 to $750,000 on a property valued less than $1.5 M and (vii) the contract must be exchanged from 4 June 2020 to 31 December 2020. Who are excluded from the grant: - Renovation does not include putting a garage, granny flat, tennis court, shed, swimming pool or sauna but includes renovation of kitchen and bathroom to make it liveable and safe. - Company, trust, property developer and property investor cannot access the grant. - An Australian citizen buying with a permanent resident does not qualify for the grant. - Not licenced builder or not licenced renovator cannot claim the grant.

11.01.2022 Pitfalls of student visa application. Can an international student in Australia change a course different from a course originally applied in his home country or can a student continuously enrol in any course just to stay legally in the country? The above are some questions litigated in the recent case of Singh v Minister for Immigration & Anor [2020] FCCA 1268 (22 May 2020) which serves as important guides on how the Australian government evaluates the genuine temporary en...Continue reading

09.01.2022 Visa and Corona virus for Filipinos (interview of Jessie Icao by Louie Tolentino of SBS Radio Australia 11/03/2020) On 5 March 2020, the Australian government has announced that foreign nationals including Filipinos are not allowed to enter Australia within 14 days from the time they transited or left China, Iran and Daegu in South Korea.... Filipinos who are now Australian citizens or Australian permanent residents are allowed to enter Australia but they will be subject to strict screening including medical test, self-isolation or undergo home quarantine for 14 days if they have transited or left in those countries mentioned. Students or people with pending visa applications in Australia and who travel to the Philippines on Bridging B visa (or re-entry visa) who transited or stayed in those countries mentioned above are not allowed to enter Australia even if they have been issued with Bridging B visa. It is therefore advisable for temporary visa holders not to travel overseas as aside from travel restrictions in those countries for those who transited or left, if they have COVID-19 symptoms, their Bridging B visa is deemed cancelled and they have to apply for another visa if their bridging visa expires. On 9 March 2020, the Philippine government has declared a State of Public Emergency in response to COVID-19. What it means is that Filipino travellers to Australia are subject to strict screening at the point of departure in the Philippines.

09.01.2022 I thank the Lord Almighty for answered prayer Permanent Resident of Australia on 19/03/2019 I share this to my deceased partner Reg McCarthy Big thanks to the law office of JESS Icao in Australia for handling a difficult case of being granted spouse visa without my partner already

08.01.2022 Worth reading to our prospective migrants

07.01.2022 SUPPORT TO INTERNATIONAL STUDENTS Recognising the contribution of international students to the Australian economy and assist them with the impact of Covid-19 pandemic, the Acting Minister for Immigration Alan Tudge recently announced changes to the student visa programme: = The government is again accepting student visa application and those with approved visa will be allowed to travel to Australia when its borders re-open.... = Students who are unable to complete their studies within the visa grant time due to Covid- 19 can apply for extension of their student free of visa application charge. = Present students stranded overseas and doing course on-line due to Covid-19 can still count their study towards study requirement when they apply for post- study work visa. Under the old rules, only those attending a course in Australia for at least 16 calendar months can claim the study requirement and apply for the graduate visa. = Graduates who complete the course can apply for post- study visa outside Australia if they are unable to return because of Covid-19. = Additional time will be given to student visa applicants to provide English language result in situation where they cannot submit on time because of disrupted access to these services. For international students who work in aged care, the present arrangement of working only 40 hours each fortnight has been relaxed and they can now work more 40 hours a fortnight and this applies only to existing workers in their existing roles.

06.01.2022 As of 26 June 2020 Australian citizen and permanent resident is still banned from travelling overseas due to Covid 19 restrictions. If you travel on exceptional circumstances you need to apply on-line for travel exemption from the Commissioner of the Australian Border Force at least one week before the planned travel. But it seems that exceptional circumstances is interpreted strictly by the government and any application is doomed to fail. In a recent case decided only on 1...5/06/2020 the Federal Court of Australia case of Baker affirmed the decision of the Border Force not to allow a mother to attend the wedding of her son in New Jersey even citing that being a Jewish requires her to attend because of cultural and religious tradition. In dismissing the appeal Justice Mortimer held that a permissible consideration is what the risk the Australian citizen or permanent resident might pose to the community on return to Australia. See more

06.01.2022 Interview with Jessie Icao on changes to migration program in Australia. Courtesy of SBS Radio Australia.

04.01.2022 SPOUSE APPLICANT WITH EXPIRED VISA (Ang Kalatas January 2019 article by Atty. Jess Icao) CAN you file a spouse application in Australia with expired visa? ... The answer is it depends on your circumstances and the situation of your sponsoring partner. A person who is not a holder of what the Migration Regulations call a ‘substantive visa’ must satisfy schedule 3 criteria unless the case officer is satisfied that there are compelling and compassionate reasons for not applying the strict criteria mentioned in that schedule. As a rule it is expected that you have to depart Australia and file your spouse application in your country if you have overstayed your visa. The applicant is however allowed to file the application on-shore with a chance of getting an approval if there are ‘compelling reasons’ for granting the visa. Aside from the required forms, police and medical checks, it is strongly suggested that the applicant will take into consideration the following circumstances: + If your partner has medical or psychological conditions and you are the primary carer as there are no relatives who can assist the sponsor, the applicant shall submit a medical certificate from the GP or specialist doctor on the sponsor’s medical problems and diagnosis and a medical opinion why assistance is required. + If your partner has psychiatric or psychological issues, for example anxiety and depression it is suggested that the sponsor shall have an assessment from the psychiatrist or psychologist and attach to the application. + Hardship that the parties will suffer if separated and the difficulty of living alone without physical and emotional support from the applicant has to be mentioned in a Statutory Declaration including the ongoing and continuous assistance by the applicant to the sponsor. + The applicant will outline the hardship of living overseas if the applicant will depart Australia to file the application overseas. This includes peace and order in that country, whether the health service is readily available and affordable in that country. Another important consideration is that the medical or psychological problems of the sponsor shall exist at the time of filing the spouse sponsorship although the recent case of Waensila v Minister for Immigration and Border Protection [2016] FCAFC 32 the Full Court through Griffiths J held that the decision maker can take into account strongly compassionate circumstances which exist when consideration is given to whether or not to exercise the waiver power, if those circumstances or compelling reasons post-date the time of application. Mr. Jessie Icao is a practising solicitor in NSW and registered migration agent [MARN 9367992]. The information provided is a general information and should not be relied as definite legal advice.

04.01.2022 Changes to Australian citizenship questions The acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alan Tudge recently announced that starting 15 November 2020, those sitting for Australian citizenship test will answer 5 additional questions about Australian values such as the freedom of the speech, mutual respect, equal opportunity, the importance of democracy and the rule of law. According to Minister Tudge, our Australian values are... important and they help shaped our country and they are the reason why so many people want to become Australian citizens. There were 85,000 conferred Australian citizens as of 31 March 2020 and about 159,846 Australian citizenship applicants as of August 31, 2020. The additional questions include: (a) example of freedom of speech; (b) whether men and women have equal rights; (c) a statement that best demonstrates Australian values about freedom of the expression; (d) whether people in Australia should make an effort to learn English; and (e) that use of violence against a person or group of people is against Australian values and the rule of law. The test comprises of 20 multiple choice questions and it is required that the applicant will have 75 per overall pass mark with all correct answers for 5 questions relating Australian values. Applicant for Australian citizenship by conferral must sit for the test if they are between 18 and 59 years old. applicant who are 60 years or over is exempt from sitting the test. Visa fee as of this writing is $285.00 and $20.00 for concession.

01.01.2022 Q&A ON TRAVEL RESTRICTION UPDATE TO AUSTRALIA AS OF 10 AUGUST 2020 A foreigner is still not allowed to travel to Australia to protect the health of the Australian community. Is there an exemption?... You might be exempted from travelling to Australia even if you are a foreign national if you are seeking travel because of compassionate and compelling reasons like death or critical illness of a close family member. What will I do to apply? First: apply for a visa as all travellers are required to have a valid visa for travel to Australia. Second: you have to apply for exemption with the Australian Border Force at least 2 weeks before your planned travel website: www.homeaffairs.gov.au. You have to include (i) details of the traveller with copy of passport (ii) proposed residential address and phone number in Australia and (iii) supporting statement why you are exempted from travel. Third: prepare for 14 days quarantine at a designated hotel at your cost upon your arrival to Australia. What other exemptions for travel by non-citizen to Australia? = travelling at the invitation of the Australian government or state or territory for the purpose of assisting Covid-19 response. = providing critical or special medical services if you work in air ambulance, medical evacuations and delivery of critical medical needs. = you have critical skills required to maintain the support of essential goods and services (such as in medical technology, critical infrastructure, telecommunication, engineering and mining, supply chain logistics, agricultural technology, food production and maritime industry). = delivering services in sector critical to Australia’s economic recovery (such as technology, large scale manufacturing, film and television production and emerging technology) where no Australian worker is available. = whose entry would be in Australia’s national interest. Application for exemption to the Australian Border Force can be made by the individual or by the business on behalf of the individual. Mr. Jessie Icao is an Australian immigration lawyer and a registered migration agent since 1994 [MARN 9367993]. He provides free initial consultation and he can be contacted on 0412 269 439.

01.01.2022 Thank you Dexter Reolizo for entrusting your Employer Sponsorship (Permanent Residence) visa application to our Immigration lawyers Jessie Icao, Tom Baena and Alex Icao. A difficult case but successful with the joint efforts of your employer, yourself and our team of lawyers.