Student

 

TABLE OF CONTENTS

Introduction

Check List Using The Regulations As A Template eg - Spouse Visa

Get Enough Sleep

Visa Application And Associated Costs

Preserving Records

Record Keeping And Management - How Long Do Documents Have To Be Kept?

Initial Requirements Regarding Accepting A Retainer

Failure Of Proper File Management Can Lead To Suspension As A Migration Agent

Interpreters

Confidentiality & Notifying The Client Of Complaint Procedure

Give Your Client A Copy Of Everything

Give Your Client The Bad News Immediately

Take Care While On Holidays

Clients & English

Check Special Requirements For Offshore Visas With The Embassy's Or Consulate's Website

Don't Accept Immigration's Assertion That Decisions Have Been Made Properly

Have No Fear Of Appeals

Never Advise Your Client To Make Life Changing Decisions Prior To The Grant Of A Visa & Trust Your Instincts

Before You Set The Fee With Your Client And Before You File A Visa Application

Oral Instructions

What Can Go Wrong If You Don't Record Your Mail Properly

Application Fee For A Visa

Communications

Checklists

Prepare Your Client For The Oath

Client Dress

Policy VS Law

Ideas For Chronologies For Client Files

Immigration Goes Into Hibernation On 30 June Each Year

Australia Closes Down Between Christmas & New Year

Have An Industrial Strength Office Set Up At The Office And At Home

What Is A Permanent Residence Visa?

Note Taking

Translating Documents

General Issues

Practice Together Or Practice In Groups

Time Limits

A Proper Email Account And Email Management

Undercharging And Undercutting On Fees

Tourist Visas

Positioning And Pathways And Fees (Putting All One's Eggs In One Basket)

Email & Fax Communication & Errors With Credit Cards Emerge As Troubling Issues

Preparing A Client For Merit Review Hearings Or Interviews With DIBP

Accountants And Migration Law

Passport

Berenguel - Sometimes Time Of Application Criteria Can Be Met At Time Of Decision

Bare Faced Liars & The Fraudsters

Everyone's Doing It

Bridging Visas

Visas Remain Current Until Midnight

Immigration Closes At 4pm

Looking After Secondary Visa Holders In A Visa Cancellation Process

Applying As A Secondary Visa Applicant Onshore When The Primary Visa Applicant Is Offshore

Being Illegal

Essential Prerequisites For A Ministerial Discretion Application

Last Lunge Applications

State And Territory Sponsorship

Addresses

Believing The Client

Follow Up

Make Peace With The Tax Office

No Obligation On Immigration To Chase Up Information Or Documents From Migration Agents Or Lawyers Representing A Client

Errors In Visa Applications

Spouse Visas - Unexplained Large Deposits of Money

Managing No. 8503 On Tourist Visas

Medical Consent

Statutory Declarations

Merit Review

Tax Deductibility of Migration Advice

LEGENDcom

Dates On Documents And Names On Documents

Breaking Up Is Hard To Do

Take A Statement

Case Management Software

Work Rights

Student

Check All Past Visa Applications

Revealing Convictions

Visa Holders Being On Their Best Behaviour

Email Communication With Immigration - Delete All Strings

No Without Prejudice Conversations With Immigration

Accounts Managements

What Is A Secondary Visa?

Identify Australian Citizens Who Support An Applicant

Communications

Schedule 1 Criteria

Second Thing To Do On Starting A File - Download The Relevant Part Of The Law

First Thing To Do When Starting Any File - Identify Any 'Rights Destroying' Deadlines

Lodging Paper Applications

Social Media & Smart Phones

References

Disputes About Parentage And Children

Helping People Pass The English Tests

Managing Emails

What Is The Pomodoro Technique?

Immigration Telephones Client

When Is A Visa Application Made In Australia

Apply For A Visa In Australia

No Visa Application Is An Island

The Hammock Principle

 

Always have your client in a situation where the student is always enrolled in a course. There are sometimes gaps in a student study pathway when a student finishes one course and moves onto another but the enrolment in the second course should be done as quickly as possible to ensure that the student is always enrolled. The student may have a gap in actual study time where no courses are scheduled for that student. But a student is still enrolled even if not actually studying during that period. Of course the gap of no study should never exceed a semester.

Here is what condition 8202 says :

[8202] (2)   A holder meets the requirements of this subclause if:

(a)      the holder is enrolled in a registered course; or

Under s 116 of the Migration Act a visa may be cancelled if a condition is breached :

S 116(1) (b)      its holder has not complied with a condition of the visa; or

 

Failure to be enrolled in a course could enliven a separate head of cancellation power :

(fa)      in the case of a student visa:

(i)      its holder is not, or is likely not to be, a genuine student; or

(ii)      its holder has engaged, is engaging, or is likely to engage, while in Australia, in conduct (including omissions) not contemplated by the visa;

Students are in Australia to study and once they have a big gap in enrolment or study, compliance will inevitably come knocking on the student visa holder’s door.

Barbara Davidson