16
THE MESSAGE. BRINGING INTO FOCUS FILIPINO PRESENCE IN AUSTRALIA
www.kalatas.com.au | Volume 6 Number 10 | JULY 2016
IMMIGRATION
Student Visa Changes from 1 July 2016
F
rom 1 July 2016,
a student visa
applicant will
now lodge online
single student
visa (subclass 590) under
the simplified student visa
framework (SSVF). This
requires an immigration
account created by the
applicant or through a
registered migration agent
who has an account with the
Department of Immigration
and Border Protection when
the student applies.
The funds required for
single applicant is $60,000
and $70,000 for student with
family members. Applicant
with a child who is six years
old must also be enrolled
in school in Australia.
The financial capacity
requirements will cover 12
months of course fees, living
and schooling costs and air
fare. The living cost for 12
months has been increased
as follows:
• Student/guardian
AUD 19,830
• Partner/spouse
AUD 6,940
• Child
AUD 2,290
Another change in the
regulation is that only the
applicant or their spouse
or the parents can provide
the evidence of funds. The
requirement for cash or loan
from a financial institution
remains the same. Under
the old regulation, the aunt
or uncle who is an Australian
citizen or Australian
permanent resident can
provide the funds.
The minimum English
test score has been
modified as follows:
• IELTS with overall
band score of 5.5; or
• IELTS with overall
band score of 5 when
packaged with at least
10 weeks of ELICOS
course; or
• IELTS with overall
band score of 4.5
when packaged with
at least 20 weeks of
ELICOS course.
There are other
English test providers
now acceptable to the
Department of Immigration
such as TOEFL; Pearson
Test of English Academic;
Cambridge English
Advanced and Occupation
English Test and it is
advised that the applicant
will check the test score
equivalent of these
providers.
Another change is for
the student applicant to
submit a Confirmation of
Enrolment (CoE) when
the applicant is outside
Australia. This means that
first tuition shall be paid.
Applicant in Australia can
provide letter of offer on
lodgment of the application
but a CoE shall be provided
before the grant of the visa.
Transfer from one
course to the other under
the new legislation is
The right travel preparation can
save you thousands
WITH the number of
Australians travelling
overseas increasing each
year, it is more important
than ever to have the right
travel insurance for your
trip.
Many travellers forget that the
unexpected can happen – even in a
familiar location – and that without travel
insurance they will be personally liable
for all costs in the event of an unexpected
medical emergency, loss or theft.
Australian health cover won’t cover
you while you are overseas. Out of pocket
expenses like hospital fees, alternative
accommodation or travel arrangements,
or even a medical evacuation in the worst
situation, could require upfront payment
and run into hundreds of thousands of
dollars.
In a recent case, a traveller visiting
their home country fell and was badly
injured. They required a medical
evacuation to Australia for treatment.
Luckily their travel insurance covered the
expenses, or their family would have had
to pay up to $50,000 in costs.
To avoid this heartache and financial
pain, the Department of Foreign Affairs
and Trade advises travellers to always
be informed and prepared for the
unexpected, whether travelling to a new
destination or the familiarity of ’home.’
When buying travel insurance,
it’s important to look carefully at the
inclusions and limitations, as the level
of cover can differ amongst providers.
Pre-existing medical conditions need to
be disclosed and there may be general
exclusions which void the insurance,
perhaps if you sustain injury during
activities considered high risk or illegal
by the insurer.
Travellers who are relying on the
travel insurance offered by their credit
card should carefully check the minimum
spend required and other conditions of the
insurance cover.
To save money and buy the right
travel insurance for you, use some of the
following tips:
•
Shop around and compare travel
insurance providers.
•
Consider buying online – some
policies offer online discounts.
•
Look at a multi-trip package if
you travel overseas several times a year
•
Buy your policy early – you
only pay for the period you are travelling,
but you will be covered from the moment
you buy your policy. This means you’ll
be covered for any events that may impact
your trip before you travel.
•
Take advantage of health
insurance member discounts. Some
funds offer between 10-15% discount to
members.
•
Check all the terms and
conditions carefully to save you in the
long run if you do need to make a claim.
For or all travellers, the message is
clear - if you can afford to travel overseas,
you can afford travel insurance. And it’s
worth it when you consider how much
it can save you and your family, if the
unexpected happens.
For more tips on how to buy the
right travel insurance policy for you,
visit smartraveller.gov.au/insurance and
smartraveller.gov.au/philippines page
Cigarette smugglers charged
Last month, Australian
Border Force (ABF) officers
targeted 11 pallets containing
100 boxes that arrived from
Korea and were inspected
by ABF officers. The boxes,
labelled as air fresheners
contained over 1.5 million
sticks of ‘Otto’ brand
cigarettes.
The ABF subsequently
led an operation codenamed Operation Wamble,
to investigate the criminal
group behind this large scale
importation. The cargo
containers were delivered
to a self-storage unit in
Homebush as part of this
operation.
The ABF officers arrested
the suspects and conducted
search warrants on two
residential properties linked
to the four arrested males.
The men were charged
with:
• Convey or possess
of tobacco under section
233BABAB of the Customs
Act 1901 and;
• Smuggling tobacco
under section 233BABAD of
the Customs Act 1901.
ATTY. JESSIE
ICAO
[email protected]
accepted only when the
student transfer to the
same level of course. For
example, if the student
is enrolled in Bachelor’s
degree, he/she cannot
transfer to the lower course
like Certificate of Diploma
course. It is suggested that
intending student must
assess their capability to
pursue the course they
intend to enroll.
Student guardian from
overseas or a suitable
relative is Australia is
required for student
applicant under 18 years
old and the guardian must
complete form 157N.
Jessie Icao
(jessieicao1@ gmail.com)
is a practicing lawyer in the
State of New South Wales
and registered migration
agent since 1993 [MARN
9367993]. The information
provided is of general nature
and cannot be relied in its
entirety. I suggest that you
consult the relevant law or a
registered migration agent.
‘DON’T PAY FOR WORK VISAS’
POEA reminds OFWS
hoping to work in Oz
THE Philippine
Overseas
Employment
Agencies reminded
Filipino workers
seeking placements
in Australia not to
engage in paying for
or offering benefits
for their work visas.
BORDER PROTECTION
FOUR Korean
nationals faced
Burwood Local Court
recently charged
with importing
approximately 2.5
tonnes of cigarettes,
with a potential
street value of up to
$1 million and up to
$830,000 duty evaded.
IMMIGRATION
A/g ABF Commander
Immigration and Customs
Enforcement, Craig Palmer,
said this seizure and the
arrest is the culmination of
a sophisticated and resource
intensive operation where
ABF officers have worked
tirelessly to ensure those
responsible are stopped
from causing harm to the
Australian public.
"The ABF will actively
investigate and work
to dismantle tobacco
smuggling at the border," A/g
Commander Palmer said.
"This seizure sends a
strong message to anyone
who thinks they can smuggle
cigarettes into Australia – you
will be caught and you will
face the full force of the law."
Australia prohibits
asking for, offering or receiving ‘benefit’ for visa sponsorship
under a new legislation. It is unlawful for a person to ask for,
receive, offer or provide payment or other benefits in return for
a range of sponsorship-related events.
In an advisory issued recently, the POEA advised
prospective applicants to be cautious of any job offer that
requires upfront payment of work or sponsorship visas.
POEA administrator Hans Leo J. Cacdac said the Migration
Amendment (Charging for a Migration Outcome) Act 2015
which took effect on 14 December 2015 seeks to penalise the
sponsor, visa applicant or other third party who benefit from
visa sponsorship or employment of a foreign worker.
These sanctions are not limited to the 457 work visa
program but also include other temporary an d permanent
skilled visa programs where there is potential for ‘payment for
visas’ activity to occur.
The law defines ‘benefit’ as a payment or other valuable
consideration, a deduction of an amount, any kind of real or
personal property, an advantage, a service, or a gift.
Australia’s Department of Immigration and Border
Protection listed the benefits as including one-off lump sum
payment, on-going regular payments, underpayment of a visa
holder’s wages and salary, repayment of a visa holder’s wage
and salary, unpaid work, being paid as hourly wage which is
less than the guaranteed annual earning, and payment for goods
and services.
A sponsorship-related event generally involves a
sponsorship arrangement between a sponsor and a visa
holder and may include (1) nominating to sponsor a person
(2) becoming an approved sponsor (3) threatening to
dismiss someone, affecting the person’s visa status, and (4)
withdrawing a nomination application.
As a criminal offense, benefiting from a sponsorship
related event will be punishable by a maximum of 2 years
imprisonment or a fine equivalent to $64,000 for an individual
or $324,000 for a company or organization.
Civil penalties are set at $43,000 for an individual or
$216,000 for a company or organisation.
The Australian government was given discretionary power
to consider cancelation of a temporary visa or permanent visa
issued to any person who has engaged in ‘payment for visas’
activity.
The law, however, allows payment of a reasonable amount
for professional fees to registered migration agents for services
such as preparing, lodging and advising of an outcome on an
immigration application.
Cacdac advised prospective applicants to be cautious of any
job offer that requires upfront payment of work or sponsorship
visas.
For more information, visit www.poea.gov.au or www.
border.gov.au.suspicious behaviours.