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Law Articles and Ezines

Law

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Showing 151 to 175 of 500 Articles in Law.
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151. SUBCLASS 888
April 25, 2018


There are many classes of visas. Subclass 888 visa is one type of visa. It is a permanent visa that belongs to business innovation and investment. The subclass 888 visa allows the applicant to continue to manage and own a business in Australia, to continue with the business and the investment activities in Australia and allows the applicant to continue with the entrepreneurial activities. For you to be eligible for subclass 888 visa , you must be a holder of the primary visa of the provisional business innovation and the investment visa and primary visa must have met the requirements highli... (read more)

Author: Alice Ken

152. STATUTORY DECLARATION OR STATEMENT NOT ADMISSIBLE IN EVIDENCE
April 25, 2018


The alleged matter of the fact of the investigation is proved or disproved through producing of evidence. The evidence that is relevant is referred to as admissible while the evidence that is not relevant is referred to a statement not admissible in evidence. When submitting the documentary evidence, the offeror is required to give the judge with a certain amount of the evidence that is tangible. In some cases, the judge can dismiss any evidence that lack identification. The statutory declaration has the witness’ written statements. The main reason for the witness’ written statement is a w... (read more)

Author: Alice Ken

153. SUBCLASS 573
April 25, 2018


Subclass 573 visa is a higher education sector visa. If you wish to study in Australia, then subclass 573 visa is the main route to the entry of Australian institutions. Applicants are required to confirm the place first in the Australia University before making an application. Applicants may study the associates degree, diploma, certificate, master degree, higher diploma and bachelor’s degree. The applicants must give a proof they are eligible for a course in Australia University. The applicants must have enough money to pay for the travel, tuition, and maintenance. To be eligible for su... (read more)

Author: Alice Ken

154. SUBCLASS 485
April 25, 2018


Subclass 485 visa is also referred to as temporary graduate visa. Subclass 485 visa is a visa meant for international students who have graduated from Australian institution recently. Subclass 485 visa helps the applicant to live, study and work in Australia temporary after completing the studies. The subclass 485 visa has two streams namely the graduate work stream and post-study work stream. It takes 4- 5 months for the visa to be processed the graduate work stream while it takes 39- 78 days for the post-study work stream. The applicant is supposed to be Australia when applying for the ... (read more)

Author: Alice Ken

155. SUBCLASS 476
April 25, 2018


The subclass 476 visa is referred to as skilled- recognized graduate visa. Subclass 476 visa allows the graduates who have graduated in engineering course from a recognized university to gain the experience of the skilled work for 18 months. The applicant must be 31 years of age, an applicant must complete the engineering course at a recognized institution and must have a primary visa of subclass 476 of subclass 485. The applicants must prove their English language ability and the applicant must meet health requirements. Health requirements depend on personal circumstances, citizenship and t... (read more)

Author: Alice Ken

156. SAFE THIRD COUNTRY AND PRESCRIBED CONNECTION
April 25, 2018


The safe third country is a concept for a ground inadmissibility. The country is considered as the safe third country when the life and the liberty of the applicant are not in one way or another threatened for reasons of the race, religion, political opinion or the social group. The applicant is not subjected to risk of suffering from the recast qualifications directive. The country does not allow the removal of the applicant to the country where he/she is likely to suffer and be tortured. If the applicant is recognized as a refugee, she/he must receive protection as highlighted in the Ref... (read more)

Author: Alice Ken

157. PERMANENT EMPLOYER SPONSORSHIP OPTIONS
April 25, 2018


The permanent employer sponsorship options are found in the Employer Nomination Scheme of Australia which is referred to subclass 186. The Employer Nomination Scheme allows the employers to fill the highly skilled positions in Australia with non- Australian citizens. The subclass 186 visa is a permanent visa meant for the skilled workers. The subclass 186 allows one to work in Australia under the direct entry stream, the labor agreement stream and temporary residence transition stream. For you to be eligible for subclass 186 visa, you must be below 45 years of age, be nominated by the Aust... (read more)

Author: Alice Ken

158. TEMPORARY SPONSORSHIP OPTIONS
April 25, 2018


The Australian business that does not meet the needed skills can sponsor a people for the overseas on a temporary basis for a least of 4 years. The sponsorship, the visa application, and nomination are the three major steps in the application process of bringing the overseas staff. The business that needs to bring the temporary oversea staff must seek the approval as a sponsor. This is by demonstrating that the business is of a good stand and should highlight the benefits of the overseas staff. The business must meet some undertakings in relation to the sponsored employee. The business mus... (read more)

Author: Alice Ken

159. REGIONAL HEADQUARTERS AGREEMENTS
April 24, 2018


If the organization’s head office is outside Australia and it wishes to set up the regional headquarter in Australia, then the minister and the industry minister are required to enter into an agreement with the organization. The agreement will give entry to Australia. The regional headquarter agreements play a key role in the international organization. The regional headquarters agreements help the organizations to make the provisions of specific issues. In case the problem arises, these agreements are able to deal with it so. It is important to specify the limits of the application to the ... (read more)

Author: Alice Ken

160. 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

161. 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

162. 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

163. 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

164. 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

165. 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

166. 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

167. 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

168. 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

169. 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

170. 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

171. 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

172. 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

173. 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

174. 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

175. 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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