June, 2011

Does bankruptcy affect your Australian Visa application?

Tuesday, June 28th, 2011

From time to time we receive questions from people, who are currently applying or thinking of applying for different types of Australian visas, asking if bankruptcy would affect their visa application. The general answer would be a classical “No, but”. Bankruptcy is not a criminal offence and does not affect the eligibility for any visa except for business visas (subclass 160, 163, 161, 164, 162, 165, 132, 890, 892, 845, 846, 891, 893). For a business visa, the Department of Immigration and Citizenship policy states:

In any assessment of the applicant’s business career, the performance of businesses in which the applicant has had a management role is a relevant factor.

Under policy, this criterion generally should not be considered satisfied if:

  • the applicant has been declared bankrupt in the last 5 years or
  • the applicant is (or has been) actively involved in a business that is (or has been) subject to insolvency, receivership or liquidation or
  • the business has suffered recent trading losses and the business is considered unlikely to be successful in the longer term and this can be attributed to the applicant’s role and decision making in the business. (That is, it is not intended that an applicant fail this criterion if the business is likely to be successful in the longer term despite trading losses resulting from external factors such as those listed above).

Officers should take into account:

  • the applicant’s level of decision making and responsibility in the failed business
  • external economic factors outside the control of the applicant
  • how many times the applicant has experienced bankruptcy or been involved in a failed business and
  • the applicant’s history in business since any bankruptcy, insolvency, receivership or liquidation.

Case officer can take into account external factors in their assessment of an applicant’s overall successful business career and we would advise you contact our migration team for a further in-depth assessment if any of these factors relate to your personal circumstances.

Also, for further information check out our Migration Fact Finders or give us a call on +61 (07) 5443 6600.


KEY ISSUES TO INCLUDE IN YOUR WILL

Monday, June 27th, 2011

In our blog Australian Estate Law Today, Byron wrote an interesting article about which important factors should be taken into account when considering your Will. Especially aspects such as executors, tax,  superannuation and family provision will be highlighted. We hope you enjoy reading the full article on his blog.

Read the full article on Byrons Blog.


Important changes to the Job Ready Program from 1 July 2011

Thursday, June 23rd, 2011

As part of continuous improvement, Trades Recognition Australia (TRA) is introducing changes to evidence requirements and to its processes for the Job Ready Program (JRP). The JRP provides international graduates who have obtained an Australian qualification in Australia relevant to an occupation assessed by TRA, with an opportunity to demonstrate their ’job readiness’through employment in their chosen occupation before applying for permanent residency.

From 1 July 2011, the following changes will apply to JRP applications:

1.  Applications for a Provisional Skill Assessment must be decision ready. Applicants seeking a Provisional Skills Assessment have one opportunity to supply TRA with all their supporting hard copy information and evidence. TRA has previously accepted additional evidence where applicants have failed to provide sufficient information in the first instance. From 1 July 2011, applicants who do not provide all the required documentation with their printed PSA summary page should expect an unsuccessful outcome.

2. Provisional Skills Assessment applicants will no longer submit a certified copy of their International English Language Testing System (IELTS) result. Applicants will be required to enter their valid IELTS Test Report Form (TRF) number in the on-line application form.

3. Provisional Skills Assessment applicants will be required to supply additional evidence to support claims of time spent in work.

For any employment claimed as time spent in work and undertaken in Australia after 1 July 2011, TRA will require:

  • an employer statement for each period of employment claimed detailing the work undertaken, the period of employment, the location of the workplace and contact details of the employer; and
  • verifiable evidence of time spent in employment, such as pay slips, group certificates, payroll printouts, time sheets, and/or bank statements.

For any vocational placements claimed as time spent in work and undertaken in Australia after 1 July 2011, TRA will require a letter of confirmation from the relevant Registered Training Organisation that:

  • confirms the vocational placement has been undertaken as a requirement of their training course;
  • details exact dates, hours and location of the vocational placement;
  • includes a description of the nature and content of the work undertaken (note: this description may be supplied by the Registered Training Organisation or the approved work placement supervisor).

4. The earliest date Job Ready Employment can commence will be the date TRA acknowledges receipt of the Employment Registration Form. As a transitional arrangement, TRA has allowed participants to claim up to three months work before the date of their Job Ready Employment registration towards their 12 months of Job Ready Employment.  This interim arrangement was in place so as not to disadvantage potential participants who were not yet familiar with the new program requirements.

However, as the JRP has been in place for almost 18 months, this interim arrangement will end on 30 June 2011.

If you have any questions, please email traenquiries@deewr.gov.au


Why every property owner needs a Will

Sunday, June 19th, 2011

Our director Byron Cannon was recently interviewed by Jemma Pearson of My Property Preview where she published an article entitled “Get it Write”.

The article highlights the importance of reviewing your Wills when you purchase or sell property. Byron has highlighted in this post some of the important issues covered in the article.

Read the full article on Byrons Blog.


Codicil or New Will?

Tuesday, June 7th, 2011

A codicil amends, rather than replaces, a previously executed will. Such amendments may add or revoke small provisions of the will, or may completely change the majority, or all, of the gifts under the will.

Historically, the concept of a codicil arose as a time saving exercise given the expectations that legal documents were to be completed in original ink in the same hand. With the electronic document production technology available to modern legal practices however, a new will can be quite easily prepared and as such will in most cases be preferable to a codicil.

Read the full article on Byrons Blog.