Dear Reader

We would like to provide our view on the current changes of 457 visas and the Citizenship.

The new Law have not been passed in parliament. The proposed changes (Bill) by Malcolm Turnbull and Peter Dutton cannot replace the current legislation until it is approved by the Senate and signed off by the Governor General. The move is more a political rather than solving any issue.

Therefore Malcolm Turnbull and Peter Dutton do not have the authority to stop anyone from making applications under the current legislation, until the new Law is passed and has replaced the old Law. The Government is currently stating that any new applications lodged after 20 April will be subject to the new rules, however legally this cannot be the case as the Laws have not passed yet.

It is our view, that the following more likely happen:

  • New law will not pass until early 2018
  • CSOL / SOL will be replaced and used to prevent certain applications
  • The Government will use internal policy to return or refuse as many visas as possible
  • The rule of meeting requirements at the time of application and time of decision may affect some applicants if the Law have passed

What to do:

  • Make sure that you have a valid substantive visa for a minimum 6 months or extend where possible
  • Lodge an application for 457 or Citizenship now but obviously there is some risk in doing so if the government are acting under their own policy in relation to the proposed amendments
  • Be prepared to challenge possible refusal at a review tribunal
  • Make sure that you prepare your application ready for approval

Remember, the principle of the rule of law is, that no person or group, including this Government, is above the Law.

Please make appointment if you wish to discuss your visa situation and future application with our team.

Sincerely

Migration Services