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New immigration law


HadEnoughofJuju

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This was posted by sn agent on Aussikanners. Maybe one of the agents here can ratify this.

[26/10/2013 13:37] Police checks: if you do not have the actual certificate at time of lodging your visa application, you MUST attach evidence that it has been requested, otherwise the time of application criteria is not satisfied & your visa can be refused. Federal court decision of Anand v Minister for Immigration & Citizenship [2013] FCA 1050 (16 October 2013)

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I saw that too, Joey Barnard posted it, she is an agent on that page. She also posted about immigration now accepting that grandparents can provide unpaid childcare services whilst visiting their kids in Australia.......previously there was some confusion as to if it would be classed as work, which would not be allowed on a tourist/visitors visa.

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If you want to apply for Australian citizenship, youll be required to live in Australia as a permanent resident for a total of 3 years in the 5 years before making the Australian citizenship application. This includes a period of 1 year in the 2 years before the Australian citizenship application is made.

That's what I read on ixp visas. I know they not the most reliable but according to them its 3 years now

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This was posted by sn agent on Aussikanners. Maybe one of the agents here can ratify this.

[26/10/2013 13:37] Police checks: if you do not have the actual certificate at time of lodging your visa application, you MUST attach evidence that it has been requested, otherwise the time of application criteria is not satisfied & your visa can be refused. Federal court decision of Anand v Minister for Immigration & Citizenship [2013] FCA 1050 (16 October 2013)

This was in relation to a 487 visa (no longer open to new applications - since Dec 2012), where one of the time of application was that evidence that the applicant had applied for a PCC must "accompany" the application.

Mr Anand / his agent ticked 'no' in the box asking whether he had applied for PCCs, and did not attach any evidence. He then still did not provide evidence of this when later requested to by the case officer before the case officer made their decision.

The migration review tribunal, and later court case, revolved around the fact that he had in fact applied for PCCs, but not provided evidence of this, and how the law/policy had been interpreted.

The character requirement for e.g. the skilled visas is not a time of application requirement.

Tee

Edited by TeeTMI
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I saw the post on Aussiekaners and it is incorrect, due to it bringing the reader under the impression that it is applicable to all visa sub-classes and all PCCs, which it is not!

The Anand case that was referred to in the post, as TeeTMI has correctly pointed out, only dealt with the 487 visa. The 487 visa had a "time of application" requirement that evidence of applying for the AFP PCCs needed to accompany the visa application, which was not done.

The case is only of importance to those visa sub-classes which have a similar requirement and most of the visas discussed on this forum do not have this requirement.

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