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Tuesday, July 31, 2007

Canada immigration



Canada is one of the few countries in the Western World that is actively looking for immigrants. Not only is it easier to emigrate to Canada than to other lands of opportunity, it is also probably one of the most attractive countries in which to live. The United Nations recently named Canada one of best places to live in the World. The Economist has ranked Vancouver as the best city to live in four years in a row.

What makes Canada so attractive?

  • Canada has one of the highest life expectancies in the world.
  • It is a safe place to live.
  • It is very prosperous.
  • It has wide open spaces and spectacular scenery.
  • There is an excellent health care system.

Opportunities abound for those who wish to make their home in Canada. If you have something to offer to Canada, our expert consultants will do everything in their power to help you emigrate there. Independent immigration to Canada through the points system is relatively straightforward.

In this section, you'll find:

US visas for siblings (brothers and sisters)

If you are a US citizen and at least 21 years old, you are eligible to petition for a visa for your brother or sister to live and work permanently in the United States.

If you are a lawful permanent resident, you are not eligible to apply to bring your brother or sister to live and work permanently in the United States.

For those who are eligible to bring their sibling to the US, you will have to do the following:

  • Get birth certificates for both of you and be prepared to prove that you are related through at least one parent.
  • File form I-130, Petition for Alien Relative at the USCIS.
  • Wait for approval notification from USCIS.
  • After approval, the State Department will issue a visa-number. Your brother or sister will receive a priority date and must wait until that date becomes current before filing the application for the Green Card.
  • If your siblings live outside the US, they must go to the local US consulate to complete the process for an immigrant visa.
  • If they live inside the US, they have to file form I-485 (Application to Register Permanent Residence or Adjust Status). They are eligible for a work permit, Form I-765.
  • If your siblings live outside the US: they will receive a stamp in their passport upon arrival in the US. Until their Green Card card is issued, this stamp proves that they are allowed to work.

US Visas for Spouses

Getting your spouse a US visa

American citizens have two means of bringing their foreign husbands or wives to the US to live (if you are not yet married, please visit our section for fiancé(e) visas).

  • You can "sponsor" your spouse's immigrant visa for entry to the United States. If you follow this process, your foreign spouse will complete the visa process completely outside the US, and then arrive in the US and obtain permanent residency status immediately. You will need to submit an immigrant Petition for Alien Relative, Form I-130. After USCIS, the National Visa Center and the US Embassy complete all the necessary administrative processing your spouse will be granted an immigrant visa. Your spouse will receive an IR1 or a CR1 visa.

(Note: An IR-1 (IR stands for "Immediate Relative") visa allows your spouse to immigrate to the U.S. A CR1 Visa (CR stands for "Conditional Residency") will be given to you if your marriage is less than 2 years old. It is conditional for two years.

  • You can obtain a K-3 visa. The K3 visa is a non-immigrant visa for the US. K3 visas are granted normally within a few months. You should use the K3 visa to start the process outside of the US, then travel to the US to complete the immigration process. Please note that in this case, the application must be made in the country where the marriage took place. If your marriage took place in the US, your spouse must apply for a K3 visa through the US Embassy in the country of his/her residence. Furthermore, and somewhat confusing – the applicant needs to have form I-129F (called "petition for alien fiancé(e)) also filed on his/her behalf. Since K-3 is a relatively new visa category, USCIS continues to be using the Form I-129F and it is still called a "petition for alien fiancé (e)" rather than a "petition for alien spouse". After the visa has been issued, the spouse can travel to the US.

To obtain either visa, you must meet the following requirements:

  • You must be legally married. Merely living together does not qualify a marriage for immigration Unmarried partners are ineligible to sponsor visas to the United Stated.
  • In most cases you must have a residence in the US to apply. If you live outside the US, see the next section below.
  • You must be 18 years old before you can sign the Affidavit of Support, which is a form that will be required later in the process.

If you live outside the US

If you want to bring your foreign spouse to the US, but you are currently living outside the US, you must submit a visa petition (form I-130) to either your local US Citizenship and Immigration Services (USCIS) office or directly to the US Embassy where your foreign spouse resides. Please check first if the US Embassy accepts Immigrant Visa Petitions.

Once the visa petition is approved, the foreign-born spouse will receive a packet from the National Visa Center (NVC), which is located in Portsmouth, New Hampshire. The packet informs your foreign spouse of the various documents which must be presented at the immigrant visa interview abroad (e.g., passport, police clearances, results of medical examinations, etc.). The packet includes certain documents requesting biographic data that must be completed, signed and forwarded to the U.S. Embassy or Consulate abroad. Usually, the foreign-born spouse is interviewed and granted an immigrant visa within three to six months.

If you and your spouse are planning to remain outside the US indefinitely, it is not recommended that you apply for a Green Card. The Green Card could be cancelled at the Port of Entry to the US if you have spent more than six months outside of the US. The Immigration Officer at the Port of Entry will have to determine if the US is your main home, so be prepared for a lot of questions.

If you both already live in the US

The U.S. citizen must submit a Petition for Alien Relative (form I-130) to appropriate US Citizenship and Immigration Services (USCIS) office to prove that the marriage is genuine.

Attached to the visa petition are the following items:

  • Biographical forms (forms G-325A) for both the husband and the wife with photos attached.
  • Proof of the petitioner's citizenship. This can take the form of a U.S. Passport, a Certificate of Naturalization or Citizenship or a certified copy of the citizen's birth certificate.
  • A certified copy of the marriage certificate.
  • Certified copies of the documents that terminated any previous marriages of the husband or wife, including final divorce decrees, and certificates of annulment or death.

At the same time, the foreign-born spouse, assuming he or she entered the U.S. lawfully, should submit an application for adjustment of status (form I-485), which is an application for a green card. Normally you will also have to submit form I-485 along with green card photographs, an affidavit of support from the spouse, an application for employment authorization, an application for a travel permit (known as "advanced parole") - assuming the non-citizen spouse has not been in the U.S. unlawfully for 180 days or more - and numerous other USCIS forms.

Frequently Asked Questions

We don't want to be apart for so long. What can we do to avoid this?

Sometimes in order to avoid a lengthy separation, the couple returns to the U.S. immediately after the marriage (using a visitor visa) and proceeds to file the necessary applications once they are both in the U.S. Often the USCIS does not like this, and it is not uncommon for the USCIS to stop the foreign-born spouse at the Port of Entry and exclude him or her from the U.S. as an intending immigrant. However, if the foreign-born spouse manages to enter the US, USCIS will not deny his or her application for a green card solely because he or she entered the U.S. on a temporary visa when their real intent was to remain permanently in the U.S. You should instead apply for the K-3 visa in order to work and live legally in the US, while waiting your permanent residence.

What about my foreign spouse's children?

Spouses of U.S. citizens, and the spouse's children, can come to the United States on nonimmigrant visas (K-4 visas) and wait in the United States to complete the immigration process. Before a K-4 visa can be issued to a child, the parent must have a K-3 visa.

We haven't been married very long. Does that matter?

If the marriage is less than two years old when the foreign-born spouse becomes a permanent resident, the green card will expire after a two-year period. Both spouses must submit a joint petition (form I-751) to remove the two-year condition. You should do this 90 days before the Green Card expires.

Our marriage has ended. Can I stay in the US?

If the marriage has ended because you got divorced, your US citizen spouse has died, or due to abuse in the marriage, the foreign-born spouse may eligible to apply for a waiver of the joint petition requirement. However, these waivers are very difficult to get

Fiance(e) visa K-1 visa

Bringing your Fiance(e) to the US

If you are a US citizen planning to marry someone who is not a US citizen in the United States, your fiancé(e) will need a visa to enter the United States. Specifically, you will need a K-1 visa, which will allow you to get married and then pursue permanent residency. Please read our Frequently Asked Questions section for additional information.

K-1 visa

To apply for the K-1 visa, the procedure is as follows:

  • Form I-129F Petition for Alien Fiancé(e) should be submitted to USCIS. If your fiancé(e) has unmarried children who are under 21, they are eligible to accompany your fiancé(e), but only if they are listed on this form. See our section on obtaining a visa for minor children.
  • Show proof of your U.S. citizenship.
  • Submit 2 Form G-325A Biographic Data Sheets (one for you and one for your fiancé(e)) plus color photos of each of you.
  • A copy of any divorce decrees, death certificates, or annulment decrees if either of you were previously married.
  • Proof of permission to marry if you or your fiancé(e) are subject to any age restrictions (age restrictions vary from state to state).

You and your fiancé(e) must fulfill several requirements in order to be considered for the K-1 visa, such as:

  • You must both be free to marry (ie both of you are single, divorced, etc)
  • You must have met your fiancé(e) in person at least one time in the past two years. You can prove this by showing photographs of the two of you together, airline tickets, etc. This can be waived if you can prove that meeting would have created hardship, or meeting would have gone against traditional or cultural custom in your fiancé(e)'s home country.
  • It is important to note that if your fiancé(e) is given the visa, you must get married within 90 of his or her arrival in the US, or your fiancé(e) will have to leave. Your fiancé(e) may not be given another US visa if this happens. The visa cannot be extended beyond 90 days. Your fiancé(e) also must marry the K-1 petitioner (you) and no one else in order to remain in the US.

If you require assistance in obtaining a visa for your fiancé(e) workpermit.com can help you.

Frequently Asked Questions

After we get married, will my spouse be allowed to work in the US?

After you get married, you must apply for an Adjustment of Status, Form I-485, to become a permanent resident. You will also need to apply for an Employment Authorization Document (EAD).

Can my fiancé(e) work after arriving in the US but before we get married?

After arriving in the United States, your fiancé(e) may apply for an employment authorization using Form I-765. However, the employment authorization may not be processed within the 90-day time limit for you to get married. If your fiancé(e) applies for adjustment to permanent resident status, your fiancé(e) must re-apply for a new employment authorization after the marriage.

If we don't get married, can my fiancé(e) remain in the US?

You must get married within 90 of his or her arrival in the US, or your fiancé(e) will have to leave. Your fiancé(e) may not be given another US visa if this happens. The visa cannot be extended beyond 90 days. Your fiancé(e) also must marry the K-1 petitioner (you) and no one else in order to remain in the US.

After my fiancé(e) arrives in the US, how long do we have before we have to get married?

You must get married within 90 days.

Our petition for a visa was denied. What can we do to appeal the decision?

Usually you have 33 days to appeal once you have received the decision by mail. The appeal must be filed with the office that made the decision.

Australian Citizenship Act 2007 and the Australian Citizenship (Transitionals and Consequentials) Act 2007

The Australian Citizenship Act 2007 (the new Act) replaces the Australian Citizenship Act 1948 (the old Act).

The purpose of the new Act is to set out how a person may become an Australian citizen, how citizenship may be evidenced and how a person may cease to be a citizen.

In particular, the new Act:

  • includes simplified outlines to assist readers to understand the new Act
  • sets out the circumstances in which people automatically become Australian citizens
  • sets out the eligibility requirements for the acquisition of Australian citizenship by descent, adoption, conferral or resumption
  • changes the residence requirement for most citizenship applicants to four years lawful residence immediately before making an application
  • allows the permanent resident spouse or interdependent partner of Australian citizens to have their residence outside Australia taken to be residence in Australia in certain circumstances
  • provides for the acquisition of citizenship by people born in Papua prior to 1975 to an Australian citizen parent born in Australia as currently defined
  • allows children who were born after a parent ceased being an Australian citizen upon acquiring the citizenship of another country to become Australian citizens
  • prohibits the approval of citizenship for people, other than certain stateless people, who are assessed as being a risk to Australia's security
  • prohibits the approval of citizenship for certain stateless people who have been convicted of national security offences or other offences for which a sentence of imprisonment of at least five years has been imposed
  • prohibits approval of citizenship by conferral during any period in which there is pending action that could be taken in respect of the person under a law of the Commonwealth, a State or Territory, any periods in prison and certain periods following imprisonment
  • removes the age limit for former Australian citizens, who renounced their citizenship to become citizens of another country to avoid suffering significant hardship or disadvantage, to resume Australian citizenship
  • provides for the collection, use, storage and destruction of personal identifiers
  • extends the provisions for revocation of Australian citizenship to include serious criminal offences committed at any time prior to acquisition of citizenship, and third party fraud
    and
  • provides the discretion to revoke a child's citizenship if the child's only Australian citizen responsible parent ceases to be an Australian citizen.

Australian Citizenship (Transitionals and Consequentials) Act 2007

The Australian Citizenship (Transitionals and Consequentials) Act 2007 was passed by Parliament along with the new Act and makes transitional arrangements and consequential amendments to various Acts which are necessary for the implementation of the new Act.

Consequential amendments made by the Australian Citizenship (Transitionals and Consequentials) Act 2007 include:

  • substituting references to the old Act with new references to the short title of the new Act, that is ‘the Australian Citizenship Act 2007
  • removing references to ‘Australian protected persons’, an expression which is not used in the new Act or any other Act or delegated legislation
  • amending the Commonwealth Electoral Act 1918 and Higher Education Funding Act 1988 to update references to the manner in which citizenship acquisition is amended by the new Act
    and
  • amending the Electronic Transactions Act 1999 in relation to exempt citizenship documents.

The Australian Citizenship (Transitionals and Consequentials) Act 2007 provides various application and transitional provisions relating to the new Act including:

  • deeming that persons who were Australian citizens under the old Act are Australian citizens under the new Act
  • expanding the meaning of certain terms used in the new Act
  • making clear the application of the new Act to the acquisition of citizenship by birth, descent or conferral, and the revocation of citizenship by conferral
  • deeming old applications and declarations made under the old Act and which are undecided immediately before the commencement of the new Act be applications under the new Act
  • arrangements for persons who were granted a certificate of citizenship under the old Act but have not become Australian citizens immediately before the commencement of the new Act
  • providing that persons granted permanent residence before the date of commencement of the new Act need only meet the residential requirements in the old Act if they apply before 1 July 2010
  • providing that provisions in the new Act allowing for registration of people adopted by an Australian citizen in accordance with the Hague Convention, applies to people adopted before or after the commencement of the new Act
  • transitional and application provisions relating to the consequential amendments specified above.

Technical details

The structure of the new Act is as follows:

Part 1 – Preliminary

Part 2 – Australian citizenship

  • Division 1 – Automatic acquisition of Australian citizenship
  • Division 2 – Acquisition of Australian citizenship by application
    • Subdivision A – Citizenship by descent
    • Subdivision AA – Citizenship for persons adopted in accordance with the Hague Convention on Intercountry Adoption
    • Subdivision B – Citizenship by conferral
    • Subdivision C – Resuming citizenship
  • Division 3 – Cessation of Australian citizenship
  • Division 4 – Evidence of Australian citizenship
  • Division 5 – Personal identifiers
    • Subdivision A – Obtaining personal identifiers
    • Subdivision B – Obligations relating to identifying information

Part 3 – Other matters

Schedule 1 – Pledge of commitment as a citizen of the Commonwealth of Australia.

Additional information: Detailed information can be found on the Citizenship website.
See: www.citizenship.gov.au

Related amendments:

The Australian Citizenship Regulations 2007 will commence on 1 July 2007 and prescribe various matters under the new Act. Please see the Notice of Legislative Change relating to the Australian Citizenship Regulations 2007 for further information.
See: Australian Citizenship Regulations 2007

Application of the new provisions:

Please refer to the notes relating to the Australian Citizenship (Transitionals and Consequentials) Act 2007 above.

Forms: The following application forms have been updated in accordance with the new Act:

Form 118 Application for Australian citizenship by descent
Form 119 Application for evidence of Australian citizenship
Form 124 Application for conferral of Australian citizenship
Form 128 Application for renunciation of Australian citizenship
Form 132 Application to resume Australian citizenship
Form 1195 Proof of Identity for applications made online for conferral of Australian citizenship

A new Form 1272 Application for Australian citizenship for children adopted under full and permanent Hague Convention arrangements has been developed to support the new provisions in the Act.

The information Form 1027i How to apply for conferral of Australian citizenship has also been updated.

The following Forms have been withdrawn:

Form 975i Australian citizenship – citizenship by birth in Australia
Form 1037 Declaration of a New Zealand citizen parent of an Australian born child
Form 1014i Australian citizenship – British and Maltese former child migrants
Form 1063i Becoming a citizen – what you should know
Form 1113i Deprivation of Australian citizenship
Form 1114i Australian citizens who acquired another citizenship prior to 4 April 2002
Form 1184 Application for an evidentiary certificate
Form 1185 Evidentiary certificate

Instructions:

The Australian Citizenship Instructions (ACIs) have been rewritten to support the new Act. The ACIs will also continue to be available on Legendcom. Parts of the ACIs will be publicly available on the Citizenship website.
See: www.citizenship.gov.au.

Effect on delegations:

All the existing delegations and authorisations under the old Act and old regulations have been repealed. New delegations and authorisations, that are consistent with those under the old Act, have been made.

Effect on systems: Departmental systems have been updated to support the new Act.

Visa application charges on Tourist (Class TR) visa and Temporary Business Entry (Class UC) (Subclass 456) visa. Studying on Subclass 676

From 01 July 2007 the Migration Regulations 1994 (‘the regulations’) are amended to prescribe a nil visa application charge (VAC) to:

  • nationals of EU member states outside Australia who apply online for a Tourist (Class TR) visa for up to three months stay in Australia
  • nationals of EU member states applying for a Temporary Business Entry (Class UC) (subclass 456) visa
    and
  • individuals specified by the minister in a legislative instrument for whom a nil VAC will be prescribed under Classes TR and UC, including those attending a special event and those whose home country is in a state of emergency/humanitarian crisis.

Subclass 676 will also be amended to allow non-student visa holders to be granted (if in Australia when they apply) a subclass 676 for the purposes of studying. Student visa holders will also be able to be granted a subclass 676 in Australia for the purposes of studying provided that they are not:

  • commencing a CRICOS registered course
    or
  • continuing or completing a CRICOS registered course in which they are enrolled.

Technical details

The following provisions of the Regulations are amended:
Schedule 1,
subparagraph 1218(2)(a)(i)
subparagraph 1218(3)(e)(i)
subparagraph 1223A(2)(a)(viii)

Schedule 2,
subparagraph 676.221(2)(c)(ii)
paragraph 676.221(2)(e)
clause 676.212(appearing after clause 676.611)

Additional information:
The amendments provide flexibility for the Minister to exercise the discretion to specify in a legislative instrument classes of applicants in certain circumstances for a nil visa application charge. The amendments will also enable persons who are seeking to study in Australia in certain circumstances to apply in Australia for a Tourist (Class TR) visa. A number of minor technical amendments to the criteria will also be made.

Transitional arrangements:
The amendments apply to applications made on or after 1 July 2007.

Forms: Forms 990i, 456 and 48R (Internet) have been updated to reflect the nil VAC changes, and will be effective from 1 July 2007. Form 999i Visiting Australia – Study Options will be withdrawn from 1 July 2007. The website will however be updated to reflect those legislative changes.

Instructions: GenGuide H will be amended to reflect these legislative amendments of 1 July 2007.Note GenGuide H is due back with Instructions & Legend on 31 July 2007.

Effect on delegations: Nil

Effect on systems: ICSE (including e676) and IRIS have been amended to reflect the legislative amendments with effect from 1 July 2007.

Migration Amendment (Border Integrity) Act 2007

The Migration Amendment (Border Integrity) Act 2007 (the Border Integrity Act) amends the Migration Act 1958 (the Migration Act). The Border Integrity Act received royal assent on 15 April 2007 and commences on proclamation. Proclamation is on 1 July 2007.

The Border Integrity Act amends the Migration Act to:

  • provide that a special purpose visa may cease at a time specified by the Minister where the Minister has made a declaration under subsection 33(9) of the Migration Act that it is undesirable for that special purpose visa holder, or class of special visa holders, to travel to and enter or remain in, Australia
  • enable citizens and selected non-citizens in immigration clearance, who are arriving and departing Australia, to have their identity and their Australian citizenship status or visa verified by an automated system instead of by an officer
  • provide that the evidence required to be presented (that is, shown but not for the purposes of collection) by non-citizens as proof of their identity, their visa that is in effect and their lawful status, may include a ‘personal identifier’ for the purposes of the Migration Act
  • provide that other information that may be required to be provided (ie for collection) by the Migration Act or the Migration Regulations 1994 may include a signature but not any other personal identifier
    and
  • enable certain New Zealand citizens arriving in Australia to be granted a special category visa in immigration clearance by an automated system, instead of an officer.

Technical details

Schedule 1 of the Border Integrity Act amends the following provisions of the Migration Act:

  • Subparagraph 33(5)(a)(iii)
  • Subparagraph 33(5)(b)(v)
  • Creates new subsection 33(5A)

Schedule 2 of the Border Integrity Act amends the following provisions of the Migration Act:

  • Subsection 5(1)
  • Creates new subsection 5(1B)
  • Paragraph 5B(c)
  • Section 165
  • Section 166
  • Paragraph 167(3)(b)
  • Paragraphs 170(1)(a) and (b)
  • Subsection 170(2)
  • Subsection 170(2A)
  • Subsection 170(3)
  • Paragraph 171(a)
  • Subparagraphs 172(1)(a)(iii) and (b)(iii)
  • Paragraph 172(2)(a)
  • Paragraph 172(3)(b)
  • Paragraphs 175(1)(a) and (b)
  • Subsection 175(2)
  • Creates new subsection 175(2AA)
  • Subsection 175(2A)
  • Subsection 175(3)
  • Creates new section 175A
  • Paragraphs 188(1)(a) and (b)
  • Subsection 188(4)
  • Subsection 188(4A)
  • Subsection 188(5)
  • Subparagraphs 190(1)(b)(ii) to (iii)
  • Subparagraph 191(1)(c)(i)
  • Subsection 258C(1)

Schedule 3 of the Border Integrity Act amends the following provisions of the Migration Act:

  • Subparagraph 32(2)(a)(i)
  • Creates new subsection 32(3)
  • Section 99
  • Section 100
  • Section 101
  • Paragraph 101(b)
  • Section 103
  • Paragraph 105(1)(a)
  • Subsection 105(1)

Additional information: Nil

Related amendments to the Migration Regulations 1994 (the Regulations):

The Regulations will be amended in relation to special category visas for certain New Zealand citizens, and in relation to immigration clearance. The amended Regulations are proposed to commence on 1 July 2007.

Application of the new provisions:

  • Schedule 1 of the Border Integrity Act applies to declarations made under subsection 33(9) of the Act on or after 1 July 2007.
  • Schedule 2 of the Border Integrity Act applies to the following people :
    • persons who enter Australia on or after 1 July 2007
    • persons who go outside the migration zone on or after 1 July 2007
    • persons who travel, or appear to intend to travel, from a port on or after 1 July 2007
    • persons who are on board, or about to board, vessels that are to leave Australia (whether or not after calling at places in Australia ) on or after 1 July 2007.
  • As there is no express provision relating to the application of Schedule 3, it applies to applications for a special category visa made by eligible New Zealand citizens on or after 1 July 2007.

Forms: Policy forms V10 & V14 – These forms allow the delegated officer to cease and revoke a subsection 33(9) declaration respectively. They are amended to specify a time in the declaration as the time at which the declaration comes into effect.

Instructions: PAM3 Special Purpose Visas, MSI 399 Immigration clearance, and MSI 383 Passenger Cards, are amended to reflect these legislative amendments from 1 July 2007.

Effect on delegations: Nil

Effect on systems: Nil

Changes to the General Skilled Migration Programme

Changes to the General Skilled Migration programme (GSM) will be introduced on 1 September 2007. People who have made an application for a skilled visa on or before 31 August 2007 will not be affected by the changes.

Changes will include:

  • increasing the English language threshold for GSM visa applicants
  • rewarding GSM visa applicants who have very good English language proficiency
  • greater emphasis on skilled work experience
  • introduction of a new temporary work visa for graduates
  • simplifying the GSM visa structure.

The threshold level of English language proficiency will be raised from an International English Language Testing System (IELTS) score of 5 (vocational) to 6 (competent) on all four components. However, applicants applying for trade occupations will be required to meet the current threshold of an IELTS score of 5.

Under the points test system, bonus points will be given to applicants who achieve English language scores above the threshold level and additional points will be allocated for skilled work experience in Australia.
Note: Migration Occupation in Demand List (MODL) points will only be awarded to applicants with at least 12 months experience in their nominated occupation or one that is closely related.

To ensure skilled migrants have the skills Australian employers need, there will be tighter requirements on links between study, work experience and nominated occupation.

International students who are unable to meet the new requirements for a permanent skilled visa will have an opportunity to apply for an 18 month Skilled-Graduate (subclass 485) to build on their skills and work experience. This visa will have unrestricted work rights.

The changes aim to ensure that overseas students who decide to stay on in Australia after completing their studies have a much better chance of competing for jobs in their chosen vocation.

There are currently 15 GSM visa subclasses available to people onshore and offshore, who are wishing to apply to migrate to Australia. Under the new visa structure, this will be reduced to nine visa subclasses - four offshore and five onshore. This new structure enables applicants to more easily identify the visa subclass best suited to their circumstances.

Monday, July 30, 2007

Protection of migrant workers at 12th ASEAN Summit

Protection of migrant workers, biodiversity and energy cooperation will be on top of the list of topics to be discussed when the Philippines hosts the 12th Association of Southeast Asian Nations (ASEAN) Summit in December, President Gloria Macapagal-Arroyo said today.

In her speech at the celebration of the 39th founding anniversary of ASEAN (ASEAN Day) at Malacañang this morning, the President also called on the other ASEAN member countries to join the Philippines in calling for the cessation of hostilities between Israeli and Hezbollah forces in Lebanon.

"We will work for the protection of the right of migrant workers in all corners of the earth. There are many Asian workers in the Middle East, including two million Filipinos of whom 30,000 are in Lebanon," the President said.

"In this time of crisis, we will share with our ASEAN neighbors our government apparatus that keeps track of our overseas workers and takes care of their needs. We have moved thousands of our people to relative safety from the most harmful areas of south Lebanon," she added.

"We ask our ASEAN neighbors to join us in calling for peace in the Middle East and the cessation of violence by all parties," the President said.

The President also made a pitch for the biodiversity program which the Philippines, represented by Foreign Affairs Secretary Alberto Romulo, and the ASEAN Center for Biodiversity, represented by the chairman of the ACB governing council, Haji Mohd POKPS DP Haj Hashim, signed under a Host Country Agreement in Malacanang also this morning.

Under the agreement, the Philippines will host the ACB in Los Baños, Laguna beginning today.

The ACB’s mandate is to promote conservation and sustainable use of biodiversity in the region. It will help ASEAN meet the standards of the World Summit on Sustainable Development to significantly reduce biodiversity loss by 2010.

"Starting today, the Philippines will host the ASEAN Center for Biodiversity in Los Baños. It is only fitting as our Sulu Sea is the biodiversity hot spot of the world and we are one of the 17 mega-diverse countries that account for the most of the terrestrial fresh water and marine species on earth," the President said.

On energy security, she said that a joint energy project between Indonesia and southern Mindanao is in the offing to ensure that both archipelagos will be energy efficient for a long time.

"We will push for greater cooperation in energy security, including a joint energy project with our neighbor Indonesia in the southern Mindanao-Sulawesi border," the President said.

The President also said that a "counterterrorism convention" would be pushed to "advance team work in the fight against evil."

"Peace and security is at the center of the ASEAN regional forum. Only peace and security can enable free and fair trade on sea and land inhabited by almost 600 million people producing almost US$1 trillion," the President said.

In her speech, President Arroyo also said she hoped that the holding of the 12th ASEAN Summit would bring ASEAN closer to the "apex of our dream" of finally achieving an ASEAN Charter that will give the organization "legality with a juridical personality bound by institutional rules and standards empowered to engage the world in more constructive and powerful ways."

The President likewise called on every Filipino to join her and make the country’s hosting of the 12th ASEAN Summit a success.

"Ladies and gentlemen, brothers and sisters in ASEAN, let us work together. Fellow Filipinos, to make the country’s leadership of ASEAN this year a success, let us help make our dream of one caring and sharing community come true," the President said.

Philippine Visa

A Philippine Visa is an endorsement made on a travel document by a consular officer at a Philippine Embassy or Consulate abroad denoting that the visa application has been properly examined and that the bearer is permitted to proceed to the Philippines and request permission from the Philippine Immigration authorities at the ports of entries to enter the country. The visa thus issued is not a guarantee that the holder will be automatically admitted into the country, because the admission of foreign nationals into the Philippines is a function of the immigration authorities at the port of entry.
  • Guidelines on the Entry of Temporary Visitors to the Philippines

    1. Nationals from countries listed below who are traveling to the Philippines for business and tourism purposes are allowed to enter the Philippines without visas for a stay not exceeding twenty-one (21) days, provided they hold valid tickets for their return journey to port of origin or next port of destination and their passports valid for a period of at least six (6) months beyond the contemplated period of stay. However, Immigration Officers at ports of entry may exercise their discretion to admit holders of passports valid for at least sixty (60) days beyond the intended period of stay.

    2. Nationals from the following countries are allowed to enter the Philippines without a visa for a period of stay of twenty-one (21) days of less:
      1. Andorra
      2. Angola
      3. Antigua and Barbuda
      4. Argentina
      5. Australia
      6. Austria
      7. Bahamas
      8. Bahrain
      9. Barbados
      10. Belgium
      11. Benin
      12. Bhutan
      13. Bolivia
      14. Botswana
      15. Brazil*
      16. Brunei Darussalam
      17. Bulgaria
      18. Burkina Faso
      19. Burundi
      20. Cambodia
      21. Cameroon
      22. Canada
      23. Cape Verde
      24. Central African Republic
      25. Chad
      26. Chile
      27. Colombia
      28. Comoros
      29. Congo
      30. Costa Rica
      31. Cote d’Ivoire
      32. Cyprus
      33. Czech Republic
      34. Democratic Republic of the Congo
      35. Denmark
      36. Djibouti
      37. Dominica
      38. Dominican Republic
      39. Ecuador
      40. El Salvador
      41. Equatorial Guinea
      42. Eritrea
      43. Ethiopia
      44. Fiji
      45. Finland
      46. France
      47. Gabon
      48. Gambia
      49. Germany
      50. Ghana
      51. Gibraltar
      52. Greece
      53. Grenada
      54. Guatemala
      55. Guinea
      56. Guinea Bissau
      57. Guyana
      58. Haiti
      59. Honduras
      60. Hungary
      61. Iceland
      62. Indonesia
      63. Ireland
      64. Israel*
      65. Italy
      66. Jamaica
      67. Japan
      68. Kenya
      69. Kiribati
      70. Kuwait
      71. Lao People’s Democratic Republic
      72. Lesotho
      73. Liberia
      74. Liechtenstein
      75. Luxembourg
      76. Madagascar
      77. Malawi
      78. Malaysia
      79. Maldives
      80. Mali
      81. Malta
      82. Marshall Islands
      83. Mauritania
      84. Mauritius
      85. Mexico
      86. Micronesia
      87. Monaco
      88. Mongolia
      89. Morocco
      90. Mozambique
      91. Myanmar
      92. Namibia
      93. Nepal
      94. Netherlands
      95. New Zealand
      96. . Nicaragua
      97. Niger
      98. Norway
      99. Oman
      100. Palau
      101. Panama
      102. Papua New Guinea
      103. Paraguay
      104. Peru
      105. Poland
      106. Portugal
      107. Qatar
      108. Republic of Korea
      109. Romania
      110. Rwanda
      111. Saint Kitts and Nevis
      112. Saint Lucia
      113. Saint Vincent and the Grenadines
      114. Samoa
      115. San Marino
      116. Sao Tome and Principe
      117. Saudi Arabia
      118. Senegal
      119. Seychelles
      120. Singapore
      121. Slovakia
      122. Solomon Islands
      123. Somalia
      124. South Africa
      125. Spain
      126. Suriname
      127. Swaziland
      128. Sweden
      129. Switzerland
      130. Thailand
      131. Togo
      132. Trinidad and Tobago
      133. Tunisia
      134. Turkey
      135. Tuvalu
      136. Uganda
      137. United Arab Emirates
      138. United Kingdom of Great Britain and Northern Ireland
      139. United Republic of Tanzania
      140. United States of America
      141. Uruguay
      142. Venezuela
      143. Vietnam
      144. Zambia
      145. Zimbabwe

    3. The following are allowed to enter the Philippines without a visa for a stay not exceeding fifty-nine (59) days:
      1. Holders of Brazil passports; and
      2. Holders of Israel passports

    4. The following nationals are allowed to enter the Philippines without a visa for a stay not exceeding seven (7) days.
      1. Holders of Hong Kong Special Administrative Region (SAR) passports.
      2. Holders of British National Overseas (BNO) passports.
      3. Holders of Portuguese Passports issued in Macao
      4. Holders of Macau Special Administrative Region (SAR) passports

IMPORTANT NOTE:

Nationals who are subjects of deportation/blacklist orders of the Department and the Bureau of Immigration shall not be admitted to the Philippines. Further inquiries may be addressed to the Visa Division (Telephone numbers: 834-4854, 834-3707, and 834-4810), Department of Foreign Affairs, 2330 Roxas Boulevard, Pasay City or to any Philippine Embassy or Consulate abroad.

How would I extend my visa?

You may get an application form from the Visa Extension Section located at the ground floor Annex building, Bureau of Immigration.

Fill up the form, provide a photocopy of your passport, visa, latest arrival card, valid extension of stay, if any and other pertinent documents which will support your application.

How long will it take me to extend my visa?

For non-restricted citizens, one (1) day using the express processing lane and one (1) week using the regular processing lane.

For restricted nationals, it will take three (3) days using the express processing lane and one (1) week using the regular processing lane.

What is the maximum extension of stay that can be granted to me?

For non-restricted nationals, the Chief of Visa Extension Section may grant you two (2) months for every extension but not to exceed the maximum period of one year.

For restricted nationals, the Chief of Visa Extension Section may grant one (1) month for every extension but not to exceed a maximum period of six (6) months.

For restricted nationals, the Commissioner and the Associate Commissioners have the right to approve the length of stay based on the merits of your application.

After a year of stay in the country, the Commissioner and the Associate Commissioners will again be the ones to approve your stay based on the merits on your application.

Will it be necessary for me to appear personally for the extension of my visa?

You may or may not appear provided, you will ask assistance from any of the accredited travel agencies or law firms of the Bureau.

But if it is necessary, you will appear before the Chief of Visa Extension section or any of the Commissioners for the clarification of your application.

How many days should I allot for the filing of my extension to avoid overstaying?

You should file your application seven (7) days before the expiration of your approved stay

Student Visa (Sweden and Australia)

If you want to study in Sweden you need a permit before entering Sweden. The Migration Board has to stop the possibility to apply for residence permits for studies via its website form 1 July owing to a technical check-up of the system. Instead the applicants has had to hand in their applications at embassies or consulates. This only applies to first-time applications, it will still be possible to prolong a student residence permit via the Board’s website.

Applications for residence permits for studies have increased enormously, especially in the last year, as have even the number of electronic applications.

The present technical capacity for electronic applications along with the present administrative resources are not sufficient to deal with the increase. In consequence, we cannot fulfil the purpose of electronic applications, which is to simplify and shorten the application process.

Various problems with the system

There are various problems with the system for electronic applications. The applicants have for example difficulties attaching the necessary appendices and paying their application fees. This makes the applicants uncertain whether they have sent in a complete application or not, and therefore many send in their applications several times. This means extra administration which results in longer waiting times.


Stop on 1 July
The handling of the electronic applications takes at present a great deal of resources, which affects the waiting-time for all applicants, also those applying at embassies and consulates. The Migration Board has therefore decided to stop the possibility to apply electronically for studies from 1 July while we overhaul the system. This can be carried out this autumn at the earliest. Instead we will concentrate our resources on the handling of the applications from the embassies and consulates. The applications for studies have top priority and our goal is that applicants will receive decisions before the start of their studies.


Source : http://www.migrationsverket.se/english.jsp



WHAT's NEW on AUSTRALIAN STUDENT VISA


International Students who had their student visas automatically cancelled between 17 August 2005 and 3 February 2007

The Department of Immigration and Citizenship (DIAC) has reversed the automatic cancellation of student visas under s.137J of the Migration Act 1958 that occurred between 17 August 2005 and 3 February 2007 inclusive.
See: Automatic cancellation of student visas

1 July 2007

Amendments to the Migration Regulations

Under 18 year old students

From 1 July 2007 under Standard 5 of the National Code 2007 education providers who approve welfare arrangements for under 18 year old students will be able to nominate the period for which they will approve the arrangements. As a result, there will be several amendments to the Migration Regulations.
See: Changes to the Migration Regulations relating to under 18 year old students (91KB PDF file)

More information on Standard 5 of the National Code 2007 is available on the DEST ESOS website.
See: DEST ESOS website

Change of provider

Student visa condition 8206, which restricts student visa holders from changing education provider within the first 12 months of their principal course of study, will have no effect after 1 July 2007.

Therefore, from 1 July 2007, student visa holders will no longer be required to lodge a change of provider application with the department.

Students intending to change education provider should contact their current education provider for information. In most circumstances the new education provider will be restricted from enrolling a student if they have not completed 6 months of their main course of study for which the visa was granted.
See: Changing courses or education providers

Course progress and attendance

Student visa condition 8202 has been amended to reflect changes to the monitoring of attendance and course progress requirements under Standards 10 and 11 of the National Code 2007. More information on the National Code 2007 is available on the AEI ESOS website.
See: AEI ESOS website

Students will now be required to achieve satisfactory attendance and course progress as determined by their Education Provider.
See: Changes to the Migration Regulations:overseas students who are reported for failing to maintain course progress or attendance (95KB PDF File)

Family members (INF 6) (UK)

Can I go to live with my parents in the UK as a child?
You can apply to join your parents in the UK if:

For all of the above, ‘parent’ includes a step-parent where the father or mother is dead, either the father or mother of an illegitimate child and, in certain circumstances, an adoptive parent.

How can I qualify to join my parents in the UK?
You, or your parent, must show that you:

A child cannot normally go to live in the UK if one parent is living abroad, unless the parent in the UK has sole responsibility for the child, or if there are special reasons why the child should be allowed to join the parent in the UK.

You must get a visa before you travel to the UK.

Can an adopted child go to the UK?

You can get information on how an adopted child can go to the UK in our Adopted children (INF 7) guidance note.

Can parents, grandparents and other dependent relatives go to live in the UK?

If you are a widowed parent or grandparent aged 65 or over, or parents or grandparents travelling together and one of you is 65 or over, you may qualify if:

If you are a parent or grandparent under the age of 65, you may qualify if:

If you are over 18 and have a parent settled in the UK, or if you are a sister, brother, aunt, uncle or any other relative of a person settled in the UK, you may qualify if you meet the conditions listed in the previous paragraph and you are living alone in the most exceptional compassionate circumstances.

What if my relative has been recognised as a refugee or has been granted exceptional leave to live in the UK?


If you are the wife, husband, civil partner, unmarried or same-sex partner of a person granted refugee status in the UK, you and your dependent children under 18 may qualify for entry clearance under ‘Family reunion’. (Family reunion is the term used where a person applies to join someone already in the United Kingdom who has been granted refugee status or humanitarian protection as their husband, wife, civil partner, unmarried or same-sex partner, or child under 18.)

You and your dependent child under 18 may qualify for entry clearance under 'Family reunion' if:

If your wife, husband or civil partner has been granted refugee status or humanitarian protection in the UK after 30 August 2005, they will not need to show that they can support you and pay for your living arrangements.

Other dependent relatives (such as parents) do not qualify for entry clearance under ‘Family reunion’ but we may allow them to join their relative if there are exceptional compassionate circumstances.

Saturday, July 28, 2007

US Visa Appointments

1. Request for Early US Visa Appointment:

If you need an early US visa appointment please give us a call immediately. Please ask for the visa department in our firm: 1-866-760-2623.


2. Regular appointment

Timelines for obtaining a visa appointment in all major cities in Canada.

Location of US consulates and embassy Time lines in obtaining a US visa appointment
US Consulate Toronto 8-10 weeks for a regular appointment*
US Embassy in Ottawa 7-8 weeks for a regular appointment*
US Consulate Montreal 5-6 weeks for a regular appointment*
US Consulate Vancouver 8-9 weeks for a regular appointment*
US Consulate in Calgary 3-4 weeks for a regular appointment*
US Consulate in Quebec 3-4 weeks for a regular appointment*
US Consulate in Halifax 2-3 weeks for a regular appointment*

*All timelines are just an estimate and can change without notice.

There are four steps when applying for a US visa:

STEP 1: Please fill out the form below and give us a call between 9am and 5pm EST, Monday – Friday, or visit in person one of our offices in Toronto or Montreal.

WHEN CALLING WE WILL NEED THE FOLLOWING INFORMATION FROM YOU

  1. What city you live in (for example: Ottawa)
  2. Are you travelling on business or is it a pleasure trip
  3. When are you traveling – in 5 days, in 10 days, in 30 days, etc.

FILL OUT THE ONLINE REQUEST FORM
AND GIVE US A CALL AFTER SUBMITING IT AT
TOLL FREE 1-866-760-2623

OR

DOWNLOAD THE APPLICATION FORM
AND FAX TO US AT 416-234-1960


STEP 2: One of our representatives will call you with further information once we receive the form.
STEP 3: Once your appointment has been obtained we will require you to provide us with further information (DS-157 and DS-158 forms) to finish the visa application preparation. For applicants who prefer to visit our office in person – please complete the forms and bring them with you at the time of your visit. We will also help you with the interview process and the supportive documentation that you will require for your interview.
STEP 4: Your personal appearance will be required at the US Embassy or Consulate at which your appointment has been scheduled.


If you do not have a Permanent Resident Card, which is required for all permanent residents traveling abroad, please speak with one of our representatives to get information on how to obtain a PR Card on regular or urgent basis.

We offer ALL CANADIAN IMMIGRATION services

Click here to see US Visa Documents Requirements

Click here to see US Consulates and Embassy

Click here to see Visa exempt


U.S. Embassy in Canada

An embassy, also known as a diplomatic mission, is a group of people from one state or country – the United States in this case – headed by an ambassador and representing their state or country inside the borders of another state or country. An embassy is usually a permanent office of a country's diplomatic representatives in the capital city of another country. An embassy’s territory, staff, and even vehicles are generally afforded diplomatic immunity from most laws of the host country.

The U.S. Embassy in Canada is located in Canada’s capitol city, Ottawa, at 490 Sussex Drive, in the Consular Section.

U.S. Consulate in Toronto

The term Consulate refers to the office or term (either individually or collectively) of an official Consul. A Consul is an official representative of a state, who works outside of his/her territory, looking after that territories interest and those of the territories subjects and enterprises.
A consulate provides many of the same functions as an embassy.
The U.S. Consulate in Toronto is located at 360 University Avenue, which is between Dundas and Queen Streets, and between the St. Patrick and Osgoode subway stations.
The Non-Immigrant visa entrance is at 225 Simcoe Street, directly behind the University Avenue entrance.
The consulate is open weekdays from 8:30AM to 1PM.
For Visa services, the U.S. Consulate in Toronto is open weekdays from 8:15AM to 3PM - except on Wednesdays when the office closes at 11AM.
All non immigrant visa applicants must obtain an appointment for an interview.

LPN possibility is an option that we can adopt through legislation and policy action for our nursing exam flunkers and as a new career choice

PHILIPPINES

Labor and Employment Secretary Arturo D. Brion on Wednesday said that the Licensed Practical Nursing (LPN) possibility is an option that we should now actively explore, not only for our nursing flunkers, but as a career choice for those who do not want the longer course and the heavier Registered Nursing (RN) degree that our Nursing Act provides. .

Brion said the idea came up when he met recently with Senator Edgardo Angara to discuss the employment situation in the country, including the matter involving the country's nurses.

"This is a policy issue that we will look at together with the stakeholders, particularly the Professional Regulation Commission (PRC) and the Commission on Higher Education (CHED), and even the TESDA," Brion said. "We will have to find out what we can do for those who will not make it in the licensure examination and those who want to make the shorter LPN route their career choice."

He said that of the 78,000 who took the examination last June, a significant portion will fail based on the records of the previous nursing exams. Only about 40,000 may pass if we are to be guided by the passing rates in previous exams.

"The problem we cannot close our eyes to is what to do with those who will flunk. Many of them can retake the exam but still many do not pass after retakes. We should provide them an option they can handle. This is where the stakeholders can come in by starting a debate on the issue," he said.

Practical nurses perform simple medical tasks, mostly dealing with patient medication and care, under the direction of a full nurse or a physician.

We do not license practical nurses in the Philippines, but they are recognized and licensed in the United States and Canada , Brion said.

"This can be a sunrise opportunity that we should look at and explore with those engaged in education and training, particularly the PRC, TESDA and CHED. We can forward our findings to our legislators if legislation would be necessary," the labor secretary said.

He said that he is very happy that the media has aired his idea since this can be the start of a discussion and debate on the issue. "Our nurses and their organizations, together with the academe should be heard in this debate," he added.

He said that the Board of Nursing expects to come out with the June 2007 nursing licensure exam results possibly by mid-August.

END

Applications for residence and work permits (Swedish Embassy)

Who can submit an application?

An application for a residence and work permit has normally to be submitted by the applicant in person to the Embassy. The applicant pays an application fee of SYP 3,200 (at the current exchange rate) for an adult and half that amount for each child.

If the applicant is not able to visit the Embassy in person to submit an application for a residence and work permit, the reference person (husband/wife, etc.) can submit the application and pay any application fee.

Asylum

Only asylum seekers who are physically present in Sweden may have their grounds considered by the Swedish Migration Board. Sweden’s missions abroad are obliged to accept asylum applications but it should be emphasised that such applications are always rejected by the Swedish Migration Board since the applicant is not physically present in Sweden.

How to submit an application for a residence and work permit

In order to submit an application for a residence and work permit at the Embassy in Damascus, the prospective applicant or the reference person in Sweden (e.g. husband/wife) must make an appointment. Appointments can be made either by fax or by e-mail. When the appointment is made, the name of the applicant must be provided, as well as the applicants nationality and telephone no.

At present there is a waiting time of approximately 11 months to submit an application and to be interviewed at the Embassy.

As of 1 July 2007 the Embassy only accepts prebookings (for visa and residance permit) via e-mail.

Appointments can be made by email at the following address: ambassaden.damaskus-bokning-tillstand@foreign.ministry.se

For persons wishing to apply for a visa or a residence permit at the Embassy of Sweden in Damascus

To provide better service to clients, the Visa Section of the Swedish Embassy implements an appointment system. This means without an appointment, clients will not be admitted to the Visa Section. Either the applicant or the referee in Sweden can request the appointment. The applicant's full name has to be given directly to the Embassy when making the appointment. The system and the rules have been introduced due to misuse of appointments during the autumn of 2006.

Please note that your identification card and passport will be compared to the appointment list. If your name does not appear in the list you will NOT be allowed to apply. The Visa Section representative outside the premises can NOT make any changes in the list.

Oral investigation with the applicant

Please note that submitting the application and the oral interview will be done at the same date and must be prebooked as mentioned above.

Oral investigation with the reference person in Sweden

The oral investigation with the reference person is carried out by the Swedish Migration Board in Sweden. The Embassy in Damascus only carries out oral investigations with reference persons who have been legally resident in Syria for more than 12 months.

Documents that must be submitted to the Embassy for each applicant and each application at the same time as the application is submitted.

Please note that two application forms must be submitted for each person and that the Embassy will not give an appointment for an interview until the application is complete.

  • copy of national passport or other travel document

  • new colour photograph (not more than two months old)

  • copy of identity card for each person, translated Into English

  • copy of marriage certificate, translated into English

  • death certificate where relevant concerning husband/wife and children

  • population registration certificate (not more than three months old) for the reference person in Sweden (note that citizenship, civil status and address must be stated)

  • when an application concerns family reunification the decision of the Swedish Migration Board concerning the reference person showing the grounds for granting the residence permit must be enclosed.

All documents enclosed with the application must be in A4 format.

Application fee

As of 15 July 2001 the Embassy charges an application fee for applications for residence and work permits. It is up to the person submitting the application to the Embassy to pay the application fee when the application is made or to show that the applicant is exempt from the fee.

The Embassy in Damascus only accepts payment in local currency, i.e. Syrian pounds (SYP).

If the application fee is not paid the application may be rejected by the Embassy.

Application forms, etc.

Application forms can be obtained from the Embassy and are also available on the Swedish Migration Board’s website:
> www.migrationsverket.se

The Swedish Migration Board’s website also provides more information about what rules are applicable to people who intend to visit or settle in Sweden.

Granted visa and residence permits can be collected Mondays and Wednesdays.

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