IT'S THE LAW
Points to a visitor's visa
JESSIE ICAO is a
practising solicitor in
NSW and registered
migration agent
(MARN 9367993).
The information
provided is of a
general nature and
cannot be relied
as a definite legal
advice. The reader
should seek advice
from a registered
migration agent if
it applies to their
situation.
WITH the coming Christmas and New
Year, many families in Australia are now
planning to invite their relatives overseas
to celebrate the holiday season with
them.
Often they are frustrated as a relative is
denied a visitor’s visa to Australia.
Invitation by a relative will assist in
the application but the visa applicant
will be assessed according to their
own circumstances and in accordance
with subclass 600 of the Migration
Regulations 1994.
GENUINE INTENTION TO STAY
TEMPORARILY
The applicant must satisfy the case
officer that the visa applicant genuinely
intends to stay temporarily in Australia
for the purpose which the visa is granted
as provided by clause 600.211 of the
Regulations.
For the applicant to have a good
prospect of success it is suggested to
submit an employment certificate if the
applicant is working which contains
By JESSIE ICAO
an additional statement that the job
is still available upon his return to the
Philippines.
It is further suggested that the applicant
will not apply for a longer visa as the
case officer might form a view that the
family visit is not genuine especially if
the funds submitted is not adequate to
support himself during his intended stay
in Australia.
Previous travel history to Australia and
to other countries is a strong indicator
that the applicant will abide the condition
of the visa if granted if the applicant did
not overstay in any country he visited.
Clause 600.211 (a) of the Migration
Regulations 1994 requires consideration
of whether he or she has complied
substantially with the conditions of the
last substantive visa held.
SIGNIFICANT TIES
The visa applicant is encouraged to
submit evidence that would induce him
to return to his home country at the end
of the proposed visit. For example, if the
applicant is married with children, it is
suggested to attach the marriage and
birth certificates of the children.
If the applicant has business interest
in his home country, evidence will be
provided as this is a strong incentive that
he will return on or before the expiry of
his authorised stay because of business
interest.
What is critical is that the applicant must
show that his intended stay in Australia is
temporary and he will return to his home
country.
In one case [AAT 2018 2433], the
Administrative Appeals Tribunal (AAT)
affirmed the decision of the Department
of Home Affairs that notwithstanding
that the applicant will visit his two sons,
his daughter-in-law, his sister-in-law
and her children and it concluded that
the ‘applicant’s incentives to remain in
Australia outweighed his incentive to
depart Australia’.
This illustrates that having children in
Australia is not a guarantee of visitor visa
approval.
INVITATION OF THE SPONSOR
While visitor’s visa application does
not require a sponsor, it will assist in the
application if the relative or a family friend
will provide an invitation on the purpose
of the visit, outline the proposed itinerary,
undertaking to provide accommodation
and statement of financial support if the
applicant is not totally dependent on
his own funds, employment certificate
and bank deposit as proof of capacity to
provide the support.
OTHER RELEVANT MATTERS
Visa application of more than three
months will require medical assessment
by the panel doctor in the Philippines.
It is advisable to get medical insurance
for the applicant either in his home
country or upon the applicant’s arrival in
Australia as medical services in Australia
is costly.
The visa applicant should be aware
that they have to comply with following
conditions: (1) 8101 – must not work in
Australia, (2) 8201 – must not engage in
study or training in Australia for more than
3 months
It is suggested that will many applicants
for the coming holiday, filing the
application which is now through on-line
using an Immi account will have to made
early with the above documents to have a
good chance of being approved.
Disclaimer: the information is of a general
nature and not intended as specific legal
advice. Those who wants to apply this visa
is advised to consult a legal practitioner or a
registered migration agent.
n CONTINUED FROM PAGE 6
Give us this day...
Suddenly the tribe’s faglong and tananggong musical instruments pierce the air, reverberating off the hills. When
the song is over, the Baranganian tribe’s men, women and children walk to the front and start their own tune. They
dance. They kick their legs backwards and wave their hands above their heads as they tilt to the side. The rest of
the people clap.
We remain still, lying in the mud. I breathe in between my underarm and my chest, filling my lungs with the muddy
smell. I have never felt this close to the earth. I hear the thudding of people’s feet; muddy water splatters onto my
cheek and drips down onto my lips. I watch Sister Mary smudging her white habit with mud. Her veil is still nowhere
to be seen. She lies at the end of our line, lays her cheek on the ground and closes her eyes. I close my eyes, too,
and try to feel the closeness people have to the earth.
Eventually bystanders pull us up and we slowly stand and join the dancing crowd. The police stand agape in front
of us as Mr Smith leaves the stage, shaking his head. With red teeth and mouths, the old Baranganian ladies grin
to each other, dancing, bending, waving, turning and yodelling.
An eagle flies above us. The crowd looks up and waves. n
12
November
OCTOBER 2018
2018 |
AK NewsMagazine, Vol 9 No 1 2
www.kalatas.com.au