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York Immigration Services Australia in Sydney, Australia | Lawyer & law firm



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York Immigration Services Australia

Locality: Sydney, Australia

Phone: +61 2 9283 5290



Address: Suite 301, level 3 507 Kent Street 2000 Sydney, NSW, Australia

Website: http://www.yorkimmigration.com

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25.01.2022 Corona Virus Outbreak in Iran Death Toll Figures The Iranian Government have reported 429 deaths and 10,075 confirmed cases, but health officials inside Iran have alleged that the true numbers were much higher than were being reported. Civilians inside Iran, who did not want to be named, told the ABC the death toll was numbering in the thousands and hospitals were so full that other public buildings were being used to house those infected.... Statistics provided by the Iranian Government is not reliable. Australian Government's actions to restrict movement from Iran is justified. For further information please refer to the link: https://www.abc.net.au//satellite-images-could-sh/12053030



24.01.2022 A migrant, who obtained Australian Citizenship in 2014, has had his citizenship revoked. According to the article below, the man provided a fake Afghan driver's licence to obtain a licence in Australia. A key condition for Australian citizenship is that the applicant is of 'good character'. This means they must uphold and obey the laws of Australia. This story highlights the importance of providing reliable and valid documents, and remaining frank and honest with the Departm...ent. If you require legal advice in relation to your migration matters, contact us today on (02) 9283 5290.

23.01.2022 NEW PRIORITY MIGRATION SKILLED OCCUPATION LIST Earlier today the Department of Home Affairs released a new Priority Migration Skilled Occupation List (PMSOL) identifying 17 occupations which fill critical skills needs to support the Australian recovery from the Covid-19 pandemic. Employer sponsored nomination and visa applications with an occupation on the PMSOL list will be given priority processing, although all other skilled occupation lists will still remain active. The ...occupations on the PMSOL list are: Chief Executive or Managing Director (111111) Construction Project Manager (133111) Mechanical Engineer (233512) General Practitioner (253111) Resident Medical Officer (253112) Psychiatrist (253411) Medical Practitioner nec (253999) Midwife (254111) Registered Nurse (Aged Care) (254412) Registered Nurse (Critical Care and Emergency) (254415) Registered Nurse (Medical) (254418) Registered Nurse (Mental Health) (254422) Registered Nurse (Perioperative) (254423) Registered Nurses nec (254499) Developer Programmer (261312) Software Engineer (261313) Maintenance Planner (312911) Visa holders who have been sponsored by an Australian business in a PMSOL occupation are able to request an exemption from Australia's travel restrictions, but will still be subject to the strict 14 day quarantine upon arrival at their own expense. If you or a family member require assistance with a visa application or an appeal, contact us now at [email protected] to find out more or to book an appointment.

23.01.2022 UPDATED EXEMPT PERSONS LIST FOR TRAVEL TO AUSTRALIA The Department has updated their travel restrictions to allow additional categories of persons to be exempted from travel restrictions. These people may enter Australia without obtaining an individual travel exemption: -an Australian citizen -a permanent resident of Australia... -an immediate family member of an Australian citizen or permanent resident* -a New Zealand citizen usually resident in Australia and their immediate family members -a diplomat accredited to Australia (holding a subclass 995 visa) -a traveller transiting Australia for 72 hours or less -airline crew -maritime crew including marine pilots -recruited under the Government approved Seasonal Worker Program or Pacific Labour Scheme -holder of a Business Innovation and Investment (subclass 188) visa * certain immediate family members who hold a temporary visa or do not hold a valid visa must apply for an exemption before travelling to Australia If you require help with a visa application please contact our friendly team at [email protected]



21.01.2022 Did you know? Simply residing in Australia for 4 years does not guarantee you citizenship. You must also be a person of 'good character'. In a recent Tribunal decision, a person was refused citizenship because they did not satisfy this requirement. Generally, a person with a history of criminal offences may not meet the good character requirement if the offending was recent and/or serious. In this case, the Applicant was recently convicted of an alcohol-related driving offenc...e and was assessed by ASIO for his involvement in smuggling activities. The Tribunal was concerned the Applicant might reoffend, and therefore not of 'good character'. In these situations, Applicants have an opportunity to respond to the Tribunal's decision. VFWQ and Minister for Home Affairs (Citizenship) [2019] AATA 1096 (31 May 2019).

21.01.2022 CHANGES TO TRAVEL RESTRICTIONS FOR AUSTRALIAN CITIZENS AND PERMANENT RESIDENTS With the ongoing COVID-19 situation constantly changing, the Department of Home Affairs has changed the requirements for Australians and permanent residents seeking to leave Australia. If you are seeking to leave Australia, you must apply for a travel exemption and meet the necessary criteria and provide evidence to support your claims for travel. All evidence provided must be officially translated into English and you should apply for an exemption at least two weeks but not more than three months before you plan to travel. For more details on the requirements and evidence necessary, please see the Department of Home Affairs website: https://covid19.homeaffairs.gov.au/leaving-australia

21.01.2022 The Department of Home Affairs COVID 19 (Novel Coronavirus) Travel Restrictions The Department of Foreign Affairs and Trade have enhanced public safety measures that will apply to those seeking to enter Australia as well as transit through Australia en route to another Country. The Department of Foreign Affairs and Trade has raised its travel advisories for the following Countries - advised DO NOT TRAVEL: ... China Iran Daegu, Republic of Korea Foreign Nationals (excluding permanent residents of Australia) who have been to the following countries will not be allowed to enter Australia for 14 days from the time they have left or transited through: Mainland China Iran Republic of Korea In addition, travellers from Italy will be subject to enhanced border screening processes. Further information can be found here: https://www.homeaffairs.gov.au//current-/novel-coronavirus



20.01.2022 Migrants experience a new life in Regional Areas of Australia It seems that the type of connection regional areas provide can be stronger than the kind found in capital cities. These applicants have expressed their sense of belonging since arriving in a regional area of Australia. ... https://www.abc.net.au//what-moving-to-regional-a/12044386 Our office may be able to assist you in your application for a visa to work and/or study in Australias Regional Areas. Please contact us on (02) 9283 5290.

19.01.2022 1 July marks the new financial year, however in Migration Law, it's also when new regulations take effect and visa application charges are increased. Amongst others, some of the key changes this year are: 1. The permanent independent skilled migration annual cap has been reduced to 160,000 - 23,000 of which will be reserved for regional schemes. 2. The new subclass 870 Sponsored Parent (temporary) visa is now open to new applicants. This is a 5 years visa renewable to up to... 10 years. 3. Base Visa Application Charges have increased by 5.5% for most subclasses. Contact the team at York Immigration Services to enquire about your migration matter today! https://www.sbs.com.au//australian-visas-whats-changing-1s

18.01.2022 Mixed heritage is a common and celebrated attribute of the Australian community but how would does our Constitution consider a person with Indigenous heritage, claim to native title but no citizenship? The High Court of Australia is currently considering a landmark case which will determine whether non-citizen Indigenous Australians fall under the definition of 'aliens' in the Australian Constitution and consequently be subject to the government's deportation powers. https://www.sbs.com.au//aboriginal-aliens-case-begins-high

17.01.2022 VETASSESS has decided to cancel offshore assessments. Professional occupations are not affected by this, however planned offshore assessment for trades are. These trades include: South Africa Electrical, Air conditioning Refrigeration Mechanic and Plumbing (General)... Philippines Automotive and Engineering Trades, Mechanical Engineering United Kingdom Electrician (General), Air conditioning and Refrigeration Mechanic India Electrician (General) Trades Recognition has been advised and will be informed when offshore assessments can resume. For further information, please refer here: https://www.vetassess.com.au/home

16.01.2022 The Government is setting aside 5,000 places within the 70,000 skilled migration cap for the new Global Talent - Independent program. The program will focus on recruiting highly skilled individuals in 5-6 key industries in the Australian market. Successful applicants are expected to receive permanent residency visas within a few weeks as opposed to the extensive processing period of standard Skilled Migration visas. https://www.afr.com//government-offers-visa-fast-track-to-



16.01.2022 The Minister of Immigration has powers to intervene and replace the decision of the Administrative Appeals Tribunal (AAT) where it would be in the public interest to do so. In this case, a family's permanent residency application was refused by the AAT on the basis that their deaf son did not meet the health requirements and thus, would be a burden on Australia's health system. An online petition was launched with an overwhelming amount of support for the family. The Minister utilised his powers, and the family was subsequently granted permanent residency.

16.01.2022 Planning to travel to the United States any time soon? You may want to reconsider. The Trump administration has introduced a requirement that nearly all applicants for US visas, whether migrant or non-migrant, submit social media usernames, previous email addresses and phone numbers within the last 5 years for screening. Numerous social media platforms are listed, including: Facebook, Instagram, Twitter, Reddit, Youtube and Weibo.

15.01.2022 Holding an Australian passport does not equal automatic citizenship Being born in Australia does not automatically result in Australian citizenship. In Australia this automatic birth right ended on August 19, 1986 under s 12 of the Australian Citizenship Act 2007. From this date on, children born in Australia are only Australian citizens by birth if at least one of their parents is an Australian citizen or permanent resident. If this requirement is met, they can then obtain ...a passport. However, in some instances Home Affairs has the power to request without no explanation that further evidence is given to prove a childs citizenship. This may even be done through DNA testing. Citizenship may be revoked due to insufficient evidence and there has been an increase in cases where the citizenship status of a child passport holder has been challenged if the childs mother is a temporary resident. The following article further outlines situations where a child might be asked to provide further evidence to justify their citizenship. For any further enquiries regarding citizenship rights contact our team of lawyers at York Immigration Services. http://theconversation.com/yes-you-can-hold-an-australian-p

14.01.2022 The South Australian Government has entered into a Designated Area Migration Agreement (DAMA) with the Federal Government. South Australia will have two DAMAs - an Adelaide Metropolitan Region and a South Australian Workforce Agreement which will have a total of 174 approved occupations. The Agreement is intended to support the growth of these regions, and assist businesses and employers in finding skilled overseas workers for occupations which are facing labour shortages in the State. To find out more about your eligibility, please contact our knowledgeable team at York Immigration Services Australia today!

14.01.2022 SOCIAL MEDIA AND VISA APPLICATIONS The Department of Home Affairs routinely use social media posts when deciding a visa application, especially in protection visa cases. The Department of Home Affairs officials have instructions and guidelines on how to scrutinise Facebook in protection visa cases. Facebook posts can create crediblity issues and can undermine claims, despite the fact that those seeking asylum may never describe the reality of their suffering or persecution on...line. Case officers have been instructed to use Facebook as a way to verify someone's identity or claim for a protection visa, as a way to provide insight into the applicant's relationships, memberships, locations and other information. However, case officers are warned to not assume social media is accurate and reliable, although they are permitted to use the information in planning interview lines of questioning. There is an issue that case officers may not understand how the mechanisms of Facebook and social media in general, and that people are trying to portray and image of themselves that they want people to see, rather than an accurate one. There are concerns that those applying for protection visas are not sufficiently warned that their social media may come under scrutiny, raising issues of procedural fairness. Individuals applying for visas should be wary that their social media may be scrutinised, and may not be viewed in context. Applicants should be careful about information in their social media profiles. Please contact our office on (02) 9283 5290 for further assistance.

14.01.2022 Rejection of the Privatisation of Australias visa processing system Due to the outbreak of COVID-19, the proposal to privatise Australias visa processing system has been rejected. This current outbreak has reminded people of the importance of Australias ability to retain control of its borders and visa processing. The government is now trying to introduce a broad new policy approach which aims to change how it acquires and delivers workflow processing capabilities within... the Department. During a review by the Senate Legal and Constitutional Affairs References Committee, the Department of Home Affairs said the private provider would not contribute any involvement in considering visa applications. However, the committee rejected this proposal as it was decided that privatising the visa system would create a tension between integrity and profit and overall undermine Australias national security. https://www.zdnet.com//plans-to-privatise-australias-visa/ For any further visa application queries please contact our friendly team of lawyers at York Immigration by calling (02) 9283 5290.

14.01.2022 COVID-19: FINANCIAL ASSISTANCE FOR OVERSEAS AUSTRALIANS Australian citizens and in some circumstances, Australian permanent residents, who have been unable to return to Australia due to COVID-19 restrictions and are suffering from financial hardship may be eligible to access financial support from the Australian government. The financial support comes in the form of loans and grants, and is aimed at covering living costs and/or a flight back to Australia. You can apply if you...: -are an Australian citizen If youre an Australian permanent resident, you may be eligible to receive funding if an immediate family member who is an Australian citizen applies on your behalf. If the only Australian citizen in the family is a child, other links to Australia will need to be identified before a loan can be approved (e.g. Australian residential property). -are at least 18 years of age -have made all reasonable efforts to seek financial assistance through other means. Youll need to provide evidence of this. See examples of documentation under The application process section. -In addition, you and/or the immediate family member over 18 years of age youre applying on behalf of, need to meet one or more of the following criteria. You: -are overseas temporarily and want to return to Australia urgently for medical or other reasons -are in financial distress as a result of the travel disruptions caused by COVID-19 -require financial assistance to shelter in place until you can secure a seat, or purchase a ticket to return to Australia -are in a location with restricted or no available commercial airlines operating.

14.01.2022 A 93-year-old great-grandmother is facing deportation due to ill health. It can take up to 30 years for an Aged Parent Visa to be processed. In this time, a person who once passed the health criteria may ultimately fail to become eligible at the time of decision by the Department due to their age. In such circumstances, there is an option for Ministerial Intervention. If you need assistance in your immigration matters, contact the team at York Immigration Services on (02) 9283 5290.

14.01.2022 Should your English proficiency determine whether you are eligible to apply for Australian Citizenship? In October 2017, the Government attempted to toughen the English language requirements for migrants seeking Australian citizenship by requiring migrants to obtain a minimum score of 6.0 across the four testing components in the IELTS exams. While this was unsuccessful, the requirement was scaled down to a "more moderate" 5.0 in each component, and received much backlash fr...om the Australian migrant community. However, there are reports that the Government may abandon this requirement. It remains to be seen whether this is the case. Please contact our knowledgeable team today for further information!

12.01.2022 On 17 April 2019, Australia updated bio-security and immigration laws to allow authorities to shorten or cancel a visitor visa, and in some circumstances, bar a visitor for up to 3 years from entry for failing to declare the carriage of prohibited items. https://www.sbs.com.au//new-rules-about-what-you-can-and-c

11.01.2022 Good news, Citizenship approvals have almost doubled in the last 2018-2019 financial year! The Department has also been working to decrease processing times following an overwhelming backlog and spike in applications in 2017-2018. https://www.sbs.com.au//australian-citizenship-approvals-s

11.01.2022 In 2014, the Government had tightened the character test so that non-citizens who have served at least 12 months in jail for their crime could be deported. A new Bill is now being considered in Parliament to further tighten this. This will permit the deportation of non-citizens who have committed a crime that carries a legislative maximum sentence of at least 2 years of imprisonment - regardless of whether one has actually been sentenced. Should the Bill (as it currently re...ads) pass, it will apply retrospectively, and will likely result in a greater number of non-citizens having their permanent visas revoked. https://www.sbs.com.au//plans-to-tighten-character-test-pu

11.01.2022 NEW TRAVEL RESTRICTION EXEMPTION PORTAL The Department of Home Affairs has released a new Portal for people who meet the following criteria and want to travel into or out of Australia during the current COVID-19 travel restrictions: are an immediate family member of an Australian citizen or permanent resident (being spouses, de facto partners, dependent children and legal guardians) are a New Zealand citizen who is usually resident in Australia have a compelling or com...passionate reason to travel to Australia urgently, including critical skills and medical emergencies believe you meet a departure travel restriction exemption. Please note that requests should be submitted at least 4 weeks, but not more than 3 months, prior to travel. It is best to check the Department of Home Affairs website regularly as the travel restrictions may change at any time. https://travel-exemptions.homeaffairs.gov.au/tep

09.01.2022 Tough laws on Australian-born children ! In Australia, the automatic birthright to citizenship ended by s 12 of Australian Citizenship Act 2007. Children born in Australia are only Australian Citizens if at the time of their birth, at least one parents was an Australian Citizen or Permanent Resident. It was recently found in cases that Home Affairs requested DNA testing to prove the relationship between the parent and child. The decision to cancel the childs passport and re...ject citizenship was turned down with evidence of the childs birth certificate. https://www.abc.net.au//you-can-hold-an-australia/11477618

09.01.2022 Earlier this month, we posted an article about a 93 years old grandmother who after living here for 11 years, was facing deportation as she did not meet the prerequisite health requirements for grant of an Australian permanent visa. That grandmother has now sadly passed away. It is reported that the Minister had intervened in this matter after her story gained traction in the media and informed the family that she would not be deported.... However, the family has attributed the quick deterioration in her condition to the emotional and physical stresses of the situation and having to undergo several medical tests - tests which she would clearly not satisfy. There are a number of Aged Parent Visa applicants who face similar circumstances. We're often told by clients that at that stage, the grant of their visa is the least of their concerns, but rather they just want their loved ones to be comfortable and looked after in their last days. If you have concerns in relation to your migration matter, contact the team at York Immigration with your enquiry today. https://www.sbs.com.au//perth-grandmother-threatened-with-

07.01.2022 US President Donald Trump is proposing immigration reforms that will favour skilled, English-speakers migrating to the United States. He plans to increase skilled migration numbers from 12% to 57%. This proposal reflects the current merits-based model used in Australia. In Australia, around 70 per cent of migrants are skilled migrants, while the remaining proportion comes through family Visa streams. Similar to the Australian model, Trump also plans on introducing a requirement for skilled migrants to learn English before approval. In Australia, the basic requirement for skilled migration includes a working proficiency in the English language.

06.01.2022 Victorian Government Nomination Criteria has recently changed! Changes made to the minimum eligibility criteria includes: At least 80 points test in SkillSelect (not including state/territory nomination points)... 188 Innovation nomination applicants must agree to employ at least one (1) full time employee in their main business Applicants proposing to engage in export activity must not longer demonstrate that they will export 100% Victorian manufactured products only but demonstrate how the proposed activity will provide a direct contribution to the Victorian Economy. 188 Investor applicants must agree to make a minimum additional investment of at least A$500,000 in Victoria during the provisional visa period. The investment must be held for no less than 12 consecutive months immediately preceding the Business Innovation and Investment (Permanent) visa (subclass 888) Investor Stream nomination application 188 Investor and Significant Investor applicants will be required to have A$200,000 available for migration purposes (consistent with 188 Innovation stream requirements) Please note that existing visa holders and applicants who have applied for nomination before 22 July 2019 will not be subject to these changes. https://liveinmelbourne.vic.gov.au//188-business-innovatio Our friendly staff can assist you with your application for a Business Innovation and Investment Program Visa. Please call us on (02) 9283 5290.

05.01.2022 Rejection of the Privatisation of Australia’s visa processing system Due to the outbreak of COVID-19, the proposal to privatise Australia’s visa processing system has been rejected. This current outbreak has reminded people of the importance of Australia’s ability to retain control of its borders and visa processing. The government is now trying to introduce a broad new policy approach which aims to change how it acquires and delivers workflow processing capabilities within... the Department. During a review by the Senate Legal and Constitutional Affairs References Committee, the Department of Home Affairs said the private provider would not contribute any involvement in considering visa applications. However, the committee rejected this proposal as it was decided that privatising the visa system would create a tension between integrity and profit and overall undermine Australia’s national security. https://www.zdnet.com//plans-to-privatise-australias-visa/ For any further visa application queries please contact our friendly team of lawyers at York Immigration by calling (02) 9283 5290.

04.01.2022 Regional Australia is implementing a new plan to attract skilled migrants to the outback. According to the Regional Australia Institute (RAI), there are 44,600 job vacancies in rural Australia that need to be filled, primarily in the transport and agriculture industries. In addition to finding employment, the RAI is focused on helping migrants secure affordable housing and fostering a cohesive community culture. If you are interested in obtaining a skilled visa, or are looking to sponsor a skilled migrant, contact York Immigration Services today. You can find us at www.yorkimmigration.com/contact-us.

03.01.2022 COVID-19 impact on temporary tourist and working visas. Due to the new travel bans put in place, there has been a high volume of tourist visa holders moving on to bridging visas to avoid being in breach of conditions and becoming unlawful, while many other visa holders find themselves in strife as they are unable to meet work requirements. The Migration Council of Australia has raised their concerns for those who are impacted by unemployment and inability to have access to ...Centrelink as the closure of businesses continue to rise. Labor further raised their concerns for temporary visa holders who have families, children, rental payments and cannot get financial support or medical treatments. As such, could be left with no choice and forced to keep working or seeking work. The Department has said that applications for new visas should be made before a current visa expires, and if a current visa holder had a no further stay condition, then a request to waive this condition must be made. Please refer here for more information: https://www.theguardian.com//two-million-temporary-visa-ho

02.01.2022 One of the eligibility requirements for the new parent sponsor visa is the requirement that sponsors have a minimum income taxable income of $83,454.80. The Sponsor must be approved before the visa application can be lodged, with visa applications expected to be open from 1 July 2019. To ascertain your eligibility for the parent sponsor visa, contact our team today who will happily assist you with any of your enquiries!

01.01.2022 The Far North Queensland DAMA is now in effect and are accepting 70 occupations for the program. The list of occupations can be found here: https://www.cairnschamber.com.au//FNQ-DAMA---Occupation-Li https://www.sbs.com.au//regional-queensland-opens-its-door

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