Visa Lawyer Blog

As part of our commitment to our international clients, we also provide global Immigration services in many cases. In this article, we will cover the Australian Same Sex Immigration options. Unlike the united States, Australia offers many benefits to same sex couples.

Australia now has two different partner visa subclasses: the spouse visa and prospective marriage (fiancée) visa. The spouse visa subclass is available to couples who are married and to couples who are in a de facto relationship. Couples who are in a de facto relationship include same sex partners. This change occurred in 2009.

Because of this change, same sex partners in a de facto relationship can enter and remain permanently in Australia. Of great note, U.S. immigration law does not afford similar rights to same sex partners of U.S. citizens and permanent residents immigrating to the U.S.

Overview Of De Facto Partner Visa

A de facto partner visa applicant must be sponsored (nominated) by his or her de facto partner who must be either an Australian citizen, permanent resident or eligible New Zealand citizen. The Partner Migration Booklet (hereinafter “Booklet”), which can be found on the Australian government website, www.immi.gov.au, defines de facto partner as a partner “… of another person (whether of the same sex or a different sex) if the person is in a de facto relationship with the other person.” The Booklet further widens the definition to cover people in a de facto relationship with another if:

• They are not in a married relationship;
• They are not related by family;
• They both must be 18 years or older at the time the application is made;
• They have a mutual commitment to a shared life to the exclusion of all others;
• The relationship between them is genuine and continuing;
• They live together or do not live separately and apart on a permanent basis; and
• The relationship has continued for the period of twelve months immediately preceding the date of application.

Applications can be lodged outside of Australia or within Australia. However, not all Australian consulates in the U.S. process the partner visa applications. There are some restrictions in place on an Australian citizen, permanent resident or eligible New Zealand citizen, i.e., how many times they can nominate a partner, and a time gap between the nominations.

There are certain restrictions as to the applicant’s health requirements. But the Minister of the Australian Department of Immigration and Citizenship has the power to waive the health requirements for the applicant so long as he or she determines that there will not be an undue financial burden on the Australian government and/or local community to provide the necessary healthcare for that particular applicant.

While it is unclear whether an applicant who is HIV-positive will face denial of his or her application for a partner visa, the Booklet states that, “A positive HIV or other test result will not necessarily lead to a visa being refused. However, your result(s) may be disclosed to the relevant Commonwealth and state or territory health agencies in Australia.” Id, p. 20. (Emphasis added by author.)

The sponsor must be willing to financially support the applicant for a period of two years, if the applicant will be unable to find employment in Australia during this period.

Upon the approval of the application for a partner visa, the applicant will receive the temporary (provisional) partner visa within 6 months after submitting his/her application. And after the lapse of two years, he or she will be granted a permanent partner visa.

If you are interested in applying for an Australian Partner visa or have further questions, you are welcome to send your inquiries to our office.

Expatriate workers who have received a six-month ban on leaving their jobs recently will be able to obtain new work permits from January 1, if they have completed two years with their former employers, a senior official from the Ministry of Labour said.

Humaid Bin Deemas, Acting Director-General at the Ministry, said these workers will be issued new work permits from January even if they have not served the full six-month ban.
Following the implementation of the new rules by the Ministry of Labour, expatriate workers who have completed two years with their employers can change jobs without serving the ban.
He said sponsors cannot force employees to continue to work for them if the workers do not wish to do so. If workers have quit before the completion of two years then they will not be issued labour cards until the two-year period is over.

The official said if a worker, who has cancelled his residence visa, returns to the UAE on a visit visa, he will not get a work permit before the expiry of the two-year period. Bin Deemas said the relationship between a sponsor and a worker will end with the expiry of the labour card, which is limited to two years. “Skilled and unskilled workers who end their contracts legally will get a labour permit,” he said.

Greek Culture and Tourism Deputy Minister George Nikitiades, who visited Russia recently, stated that the General Consulate of Russia to Greece announced a 52% increase of Russian tourists in Greece. Nikitiades also discussed with touristic agents, who seem to be optimistic and believe that the touristic action of Russians to Greece will increase next year too.

The Minister Mr. Nikitiades felicitated Greece’s ambassador to Moscow, Mr. Spinellis and the General Consul, Mr. Plotas. He also approved the incentive of the Russian President, Dimitri Medvedef, for visa abolition. He underlined that Greece and the Minister of Foreign Affairs Droutsas, supports this action.

Kuwait's Labour Ministry has submitted three proposals to the government to help put an end to the controversial sponsorship system.

The proposals are based on studies and recommendations prepared by the ministry, the Arab Labour Organisation and the International Labour Organisation, a source from the ministry has said.

"The ministry took into consideration the specifics of the Kuwaiti labour market as well as the recommendations of international organisations on labour and human rights," the unnamed source told Kuwaiti daily Al Anbaa on Thursday.

The first proposal recommends setting up a government company tasked with hiring employees and labourers. The company will be the sponsor of all foreigners working in Kuwait, both in public and private sectors.

The second suggestion calls for easing the movement of expatriates within the labour market. Under the plan, an employee or labourer will have the right to switch jobs after three years or at the end of his or her public service contract.

The third plan puts an independent manpower authority in charge of all the expatriates in public and private sectors. Under the proposal, an expatriate is given a work permit that allows him or her to work anywhere in Kuwait.

However, the authority will keep the passport of the expatriate as a guarantee for the employer that he or she will not run away or switch jobs, and will hand him or her a special employment card. The expatriate can retrieve the passport every time he presents evidence from his company that he is allowed to travel outside the country.

However, the ministry warned that the third proposal will wade into controversy, especially that international human rights covenants consider that passports are a personal property and keeping them, regardless of the motive, would amount to a violation of personal rights.

Kuwait has pledged to put an end to the harsh sponsorship system in 2011 despite strong opposition from the business community. Bahrain in August 2009 scrapped the system and allowed foreigners to switch jobs more easily.

Majeed Al Alawi, Bahrain's labour minister, has likened the system to modern-day slavery and spearheaded a drive within the Gulf to do away with the sponsorship system despite the formidable opposition from those who benefited from it. Gulf and international rights groups have repeatedly called for the elimination of the system.

The number of American students studying in Zimbabwe increased by 200 percent in 2009-10 to a total of 27. During the same period, the number of Zimbabwean students enrolled in U.S. institutions of higher education decreased by 8.7 percent from 1,269 to 1,159, most likely due to economic challenges in Zimbabwe making it difficult for families to pay for fees and tuitions. Open Doors 2010, the annual report on international academic mobility published by the Institute of International Education (IIE) with support from the U.S. Department of State, released these statistics on Monday to mark the beginning of International Education Week.

The number of Zimbabwean students in the U.S. peaked in 2002-03 at 2,186. Today, Zimbabwe is among the top 10 sending countries in Africa, ranking seventh after Nigeria, Kenya, Ghana, Cameroon, South Africa, and Ethiopia. In 2009, the US Embassy in Harare issued 400 new F-1 student visas.

U.S. Embassy Educational Advisor Rebecca Zeigler Mano attributes the decline to the economic crisis and political instability in Zimbabwe, as well as teacher strikes, inconsistent examination results, election related violence and hyperinflation during the 2007-08 academic years. Parents who previously could fund part or all of their children’s US education through Reserve Bank educational forex allowances and local salaries, could no longer do so during those years. Despite the decline last year, the number of Zimbabweans studying in the U.S. remains high in large part due to the U.S. Embassy educational advising services in Harare and in Bulawayo, as well as a big increase over the last 5 years in the number of Zimbabweans receiving scholarships to study in the US.

“We expect to see the number of Zimbabwean students studying in the US increase in the coming years as the Zimbabwean economy recovers with dollarization and an increasing number of parents can afford international educational options. Despite enduring a difficult period in its economy, Zimbabwe still boasts a strong education system with students from a wide variety of socioeconomic and geographic backgrounds who excel in academics, sport and co-curricular activities at top American colleges and universities,” stated Zeigler Mano.

“The youth are Zimbabwe’s most precious natural resources. It is crucial that Zimbabwe retains top teachers and improve upon the standards and resources in its private, mission and government schools and universities. The exposure that international education affords is crucial for preparing the country’s future leaders in all professions. A highly educated youth can help rebuild the county’s infrastructure and pave the way for a prosperous future for Zimbabwe,” she continued.

Interest in U.S. education has increased markedly this past year, as evidenced by the over 35,000 contacts the U.S. Embassy’s Educational Advising Center had in 2009-10 with Zimbabwean students, teachers and parents. American universities also remain very interested in recruiting top Zimbabwean students to join their campuses. Over 830 high school students in Harare attended the recent CIS Universities and Colleges Fair organized by the U.S. and Canadian Embassies in early November.

Open Doors also reported that 27 American students studied or researched in Zimbabwe in the 2008/09 academic year, an increase of 200 % from the previous academic year. This increase contrasts with the worldwide decline of 0.8%, with 260,327 American students studying abroad for academic credit during the academic year 2008/09. This increase in scholarly activity in Zimbabwe is a welcome addition to the international exchange landscape, signaling the confidence of American university students and academics in re-engaging with Zimbabwean higher education.

This year’s Open Doors report reveals that the total number of international students at colleges and universities in the United States increased by 3% to 690,923 during the 2009/10 academic year, a record high number of international students in the United States, making the U.S. the number one study destination for international students worldwide. This year’s growth was primarily driven by a 30% increase in Chinese student enrollment in the United States to a total of nearly 128,000 students, or more than 18% of the total international student population, making China the leading sending country. Indian students represent 15% of all international students in U.S. higher education with all African students representing 17% of international students.

The United States has one of the best and most comprehensive systems of higher education in the world. It boasts over 4,000 accredited and internationally recognized institutions of higher education, which welcome the diversity brought by international students on campuses. A significant number of American institutions offer need- and merit-based financial assistance to both undergraduate and graduate international students.

The US Embassy locally joins Embassies worldwide this week in celebrating International Education Week. As part of his proclamation for the week, President Obama stated, “All of us share this world for but a brief moment in time. The question is whether we spend that time focused on what pushes us apart, or whether we commit ourselves to an effort – a sustained effort – to find common ground, to focus on the future we seek for our children and to respect the dignity of all human beings.”

Zimbabweans wishing to pursue studies in the U.S. can visit the EducationUSA Advising Center based at the U.S. Embassy’s Public Affairs Section in Eastgate Building in Harare or at the EducationUSA Advising Center based at the Bulawayo Public Library. Outside of the two main cities, students can visit the satellite advising center collections at Gweru Memorial Library, Turner Memorial Library and Africa University Libraries in Mutare and Mucheke Public Library in Masvingo.

The Bulgarian Foreign Ministry proposes the closing of 7 diplomatic missions abroad, Minister Nikolay Mladenov announced. For the very first time, Mladenov mentioned the names of the countries, in which the Bulgarian embassies will be proposed for closing to the Bulgarian Council of Ministers. They are: Sudan, Angola, Zimbabwe, Cambodia, Thailand, Mexico and Tunisia.

In order for the closing process to go smoothly enough, the Bulgarian Foreign Ministry considers temporarily sending additional diplomats in the neighboring countries of those mentioned. The choice is based on a scrutinizing financial analysis and on the necessity to optimize the system, according to the Bulgarian Foreign Ministry.

"The closings should not be read as a negative evaluation about the mutual relations between Bulgaria and those nations.", Minister Mladenov affirmed. "Some 15 employees will return", the Foreign Ministry spokesperson, Vesela Cherneva, clarified.

As a part of the optimization strategy, an additional 101 Bulgarian employees in foreign diplomatic missions will return to Bulgaria. Among these, 21 are diplomats. In June 2010, it was reported that Bulgaria considers closing a total of 30 of its diplomatic missions abroad. Currently, Bulgaria has 83 embassies, 6 permanent representations, 20 consular offices, and 2 diplomatic bureaus.

From 31 July 2009, migrants who applied for a Certificate of Approval between 2005 and 2009 have been able to apply for their fee to be repaid. They were required to show that paying the fee caused them real financial hardship at the time of payment. The advertised repayment scheme came to an end on 31 July 2010.

Since 31 July, the UK Border Agency has accepted some adhoc applications for a repayment of the COA fee. The Agency accepted such applications in the interests of ensuring that all those who may have suffered real financial hardship as a result of the COA fee had an adequate opportunity to apply for a repayment. From 1 December, however, the UK Border Agency will no longer accept such applications.

Those wishing to make an ad hoc application for repayment of the COA fee before the repayment scheme finally ends should use the Repayment of Certificate of Approval fee request form COAFR by visiting following link:http://webarchive.nationalarchives.gov.uk/20100503160445/http://www.ukba.homeoffice.gov.uk/sitecontent/documents/partners-other-family/coa-refund-form

Application forms should be sent by 30 November to the address below:-
UK Border Agency,
COA Ad Hoc Repayment Scheme,
NCC1,
Lunar House (9th floor),
40 Wellesley Road,
Croydon
CR9 2BY

All requests for repayment received by 30 November will be processed under the terms of the scheme. Applications made after 30 November will not be accepted and will be returned without processing. There will be no further extensions to this scheme.

U.K. Prime Minister David Cameron said Monday his government would do everything possible to prevent a planned immigration cap from depriving U.K. companies of skilled workers from overseas. In a speech to the Confederation of British Industry on Monday, Mr. Cameron signaled the government was rethinking how the cap on non-European Union migrants might work. "As we control our borders and bring immigration to a manageable level, we will not impede you from attracting the best talent from around the world," Mr. Cameron said.

However, a spokeswoman for the prime minister said the government had always said it wanted its new immigration cap to ensure businesses could attract skilled workers. Business Secretary Vince Cable, who has been critical of the immigration cap, said "there's no change" in policy and that the government had always said it would create a flexible system. "There's a common view that we have to have a cap on non-European Union immigration.

The government has said it will announce the new cap-and how it will operate-next spring. Businesses have been pressing for the system to be flexibly designed to ensure businesses don't face obstacles in filling key posts. In a speech that focused on shifting the government's message from austerity measures to growth and job creation, Mr. Cameron on Monday outlined initiatives to boost enterprise. These included a £200 million ($313.6 million) investment in technology and innovation hubs, and the government's national infrastructure plan.

Mr. Cameron's comments on boosting growth came as the U.K. is set to report third-quarter figures Tuesday that are expected to show growth slowed significantly from the strong expansion shown between April and June. Mr. Cameron also spoke about developing a program that would give unemployed people money to start a new business. "We are pushing forward a scheme where you will be able to roll up some of your benefits and borrow some additional money to set up a new firm," he said.

Mr. Cameron's comments develop a concept that Work and Pensions Secretary Iain Duncan Smith outlined this month at the Conservative Party conference in Birmingham. Mr. Duncan Smith said the government planned to launch a program to give eligible unemployed people £2,000 each to start a small business, adding that the plan aimed to establish 10,000 new small businesses by next year.

Mr. Cameron also said Monday that the government will invest £60 million to meet the needs of offshore wind infrastructure at U.K. ports. Following the announcement, General Electric Co. reaffirmed its plan to invest £100 million in the U.K.'s offshore wind sector. The move could create up to 1,900 jobs in the U.K. by 2020, the company said.

Ed Miliband, leader of the opposition Labour Party, Monday cautioned that focusing entirely on reducing the budget deficit would stifle economic growth. During his address to the conference, Mr. Miliband said the government must be open to changing its strategy if economic conditions worsen. Mr. Miliband said his party would be selective about which spending cuts it would oppose and which it would support.

Speaking at the CBI conference later, Danny Alexander, the No. 2 in the government's Treasury team, defended the cuts as "the only way to prevent higher interest rates, rising inflation and more taxes." He also said the tough decisions of recent weeks showed the coalition government of Mr. Cameron's Conservatives and his Liberal Democrats party was working.

"Of course, it's still early days. But after five months in office and some of the most difficult decisions any modern government has had to make, those doubts have been laid to rest, because coalition is the right form of government for these times, and our two parties can be proud of the way we've made it work," Mr. Alexander was due to say, according to extracts of his remarks provided by the Treasury.

The Immigration Act 2009 comes into effect from 29 November 2010. Until then the Immigration Act 1987 applies. The key changes factsheet is a good place to start. It gives an overview of what's happening, and gives an introduction to the other factsheets, which include:

* New terminology and concepts – outlines, for example, how we will no longer use the word 'permit' and instead use the word 'visa', and that the terms ‘residence permits’, ‘residence visas’ and ‘returning resident’s visas will be replaced by ‘resident visas’ and ‘permanent resident visas’ – but there is no change to existing categories for people wishing to settle in New Zealand.
* Residence – explains how people granted residence in New Zealand will be granted 'resident visas' with 'travel conditions', or 'permanent resident visas', and what these things mean.
* Sponsorship – shows how family and friends sponsorship criteria and obligations are being strengthened, and that organisations will be able to act as sponsors in some situations.
* IPT – talks about the introduction of the independent Immigration and Protection Tribunal.
* Employer obligations – explains new obligations for employers and how Immigration New Zealand is helping them meet these.
* Education providers – outlines new provisions for education providers.

People who hold a visa or permit, or have applied for a visa or permit, do not need to reapply.The key changes are:

* The visa and permit framework has been simplified to just ‘visa’.
* The process at the border which allows non-New Zealand citizens entry to New Zealand is called ‘entry permission’.
* A new concept of ‘deeming’ has been introduced.

While some of the terms used to describe immigration processes will change, the actual process of applying to travel to, enter, or stay in New Zealand will remain the same.

The new visa framework

Under the Immigration Act 2009 (the new Act), a visa is an authority for an individual to travel to, or stay in New Zealand (under the Immigration Act 1987 a visa only allowed you to travel to New Zealand and a permit allowed you to stay).

Just as it does now, a visa will have conditions that indicate what the holder of the visa may do. For example, for workers, the right to work in a specific occupation for a specified employer, or for students, the ability study at a particular educational institute.

The new Act allows for the following types of visas:

* Residence class visas
- Resident visas – holders will be entitled to travel to New Zealand and stay indefinitely, but only enter New Zealand in line with their ‘travel conditions’. Resident visas may also be subject to other conditions, such as a requirement to invest a certain amount of money in New Zealand within a certain timeframe (for people approved under the Investor Category).
- Permanent resident visas – holders will be entitled to travel to New Zealand at any time and stay indefinitely without conditions.
* Temporary entry class visas
- Temporary visas – there will be a variety of temporary visas, for example, visitor visas, student visas and work visas (similar to the current temporary entry visas).
- Limited visas – may be granted to people who wish to come to New Zealand for an express purpose (similar to the current Limited Purpose visa).
- Interim visas – may be granted for the purpose of maintaining lawful status in New Zealand when an individual has applied for a further temporary visa and his or her application is being considered. Interim visas will come into effect in early 2011.
- Transit visas – allows a passenger to remain in transit if he or she is traveling through New Zealand to another destination. There is no change to the requirements for obtaining a transit visa under the new Act.

Entry permission:

Under the 1987 Act, visa holders applied for a ‘permit’ to enter and stay in New Zealand when they arrived by completing an arrival card. Under the 2009 Act, visa holders instead apply for ‘entry permission’ using the arrival card. Normally, a person holding a visa will be granted ‘entry permission’ to allow him or her to enter and stay in New Zealand for the time period allowed by their visa. However, in some cases people may be denied entry permission, for example, if:

* They are carrying prohibited goods or substances into New Zealand.
* Adverse information about them has come to light since their visa application was approved.
* They have obtained their visa by fraudulent means or by making a false declaration.

Deemed visas:

Visa or entry permission may be ‘deemed’ for certain specific classes of people where it is not possible or appropriate to physically grant a visa. In these situations there will be no physical record and no electronic record of the visa. Deemed visas are limited to classes of people determined by Immigration New Zealand and cannot be applied for. They are most commonly used for cruise ship passengers and travelers to the Ross Dependency in Antarctica, and in relation to members of visiting armed forces.

Deemed visas will also be used for people who have a valid permit or visa when the new Act comes into force. On 29 November 2010, those existing visas and permits will be deemed to be a visa of the corresponding type under the new Act. People will not need to apply for a new visa until their current visa or permit approaches its expiry date.

Applications that are lodged before 29 November 2010 but considered on and after 29 November 2010 will continue to be assessed using the same criteria that applied on the day the application was accepted. If the application is approved, the visa granted will have the same entitlement as any visa or permit that would have otherwise been granted under the 1987 Act, but the visa labels will use the new format to display those entitlements.

Singaporeans who are successful in their application for a passport will have the option of collecting their passports from selected Singapore Post Limited (SingPost) outlets from October 15, 2010 onwards. Eligible passport applicants will be informed through the passport collection notification card or by email if they apply for a passport through APPLES, the online passport application system. Those who wish to enjoy the service offered by SingPost can select the preferred venue for collection via the Immigration and Checkpoints Authority’s (ICA) e-Appointment system which is available through the ICA website at www.ica.gov.sg.

The ICA has collaborated with SingPost to bring greater convenience to Singaporeans without compromising on security. In addition to the option of applying for passports at SingPost since 2008, Singaporeans may now also collect passports from selected SingPost outlets. SingPost was chosen to offer this service to Singaporeans after a rigorous tender process. ICA is also satisfied SingPost has put together a robust and stringent process to ensure the secure delivery, custody and collection of the Singapore passport at its outlets.

Singaporeans who are eligible for this service will be able to enjoy the convenience of collecting their passports from SingPost’s wide network of outlets strategically located across the island. There will be a service fee payable to SingPost for the successful collection of each ICA document at designated SingPost outlets. There are 20 designated SingPost outlets selected to offer this service to ICA customers. As an added advantage, some SingPost outlets have extended operating hours up till 8pm and are open on weekends and public holidays.

This new service complements ICA’s existing efforts to help Singaporeans plan and better manage their time and offers Singaporeans flexibility, ease and convenience. Singaporeans who choose to collect their passport at a SingPost outlet should refer to SingPost’s promotional materials for the fees levied as it would be a commercial arrangement between SingPost and the individual concerned. Singaporeans who do not wish to collect at the alternate site can continue to collect their passports at the ICA Building. Those who prefer to collect at the ICA Building are encouraged to use the ICA’s e-Appointment system for better time management.

UK is getting lot more protests from various quarters. In a rare intervention, eight British Nobel Laureates, including Russian-born Andre Geim and Konstantin Novoselov who share this year’s Nobel Prize for Physics, have warned that the Government’s plans to put an annual cap on immigration from outside the European Union would deprive Britain of international scientific talent and “isolate” it from the “increasingly globalized world of research”.

Sir Harry Kroto, who got the Nobel Prize for Chemistry in 1996, cited the case of Prashant Jain, an Indian material scientist from the Florida State University, who was offered a fellowship by Cambridge University. But he was refused a visa because he was not able to secure enough points under the points-based immigration system to be eligible for a work permit. He is a researcher who is very clearly going places. It’s an amazing loss to the country. He will probably now stay here in the U.S. when he was quite keen to work in the U.K.. It is a very good example of the problems that immigration (policy) is causing in science. Dr. Jain (28) said he was very keen to work at Cambridge which he described as a “wonderful place” but said he now saw his future in America.

In a joint letter the Nobel Laureates said that Britain’s reputation as a global center of research excellence would be damaged if a rigid cap on immigration made it difficult for universities to recruit the best talent from abroad.

Pointing out that Nobel prize-winners in science such as Professor Venki Ramakrishnan had been “enriching and enhancing British science and society for decades”. They add to our store of knowledge, and inspire countless young researchers to follow in their footsteps. These benefits are jeopardized by the Government’s plan to cap migration to the U.K. It would damage our ability to recruit the brightest young talent, as well as distinguished scientists, into our universities and industries. The U.K. must not isolate itself from the increasingly globalized world of research — British science depends on it’’, the scientists added.

Signatories to the letters include Sir Martin Evans (Medicine, 2007), Andre Geim and Konstantin Novoselov (Physics, 2010) and Sir Tim Hunt and Sir Paul Nurse (Medicine 2001). Their intervention follows warning by leading British businesses and universities that the proposed cap, set to come into force next year, would make Britain less attractive besides affecting its relations with emerging economies such as India and China.

The UAE’s Ministry of Labor announced plans to use online filing system to speed up the application process for work permits across the country.

In the existing system, a representative from the company must go to the ministry’s physical location to apply for a work permit, a process that unnecessarily consumes time. The new system, on the other hand, will enable applicants to submit all documents electronically. Moreover, companies will be able to process the work permits through a software that they can buy, or use at selected service centers.

Humaid bin Deemas, the executive director for Labour Affairs at the ministry, said we want to make sure that procedures will not form obstacles for any future changes in the criteria for the work permit and this move will work towards that end. It will also enable the ministry to concentrate more on formulating policies rather than spending time on mere procedures.

The system has been already introduced to companies that have more than fifty employees since the beginning of last year. However, the ministry plans to do a nationwide roll-out in the next period. Bin Deemas said in a press conference that the overall number of permits issued electronically until the end of August 2010 was 530,000 and the number of establishments that benefited from the service was 111,000. According to the Ministry of Labor, the move to an electronic system will reduce the time it takes to receive a primary application response from four days to four hours.

Australian Immigration Minister Chris Evans announced recently a new agreement between Australia and New Zealand to improve identity checks and border security. Australia and New Zealand recently signed a memorandum of understanding [MoU] to share biometric data, an agreement that will further strengthen our nations' border security. Biometrics is widely used in the international community as an effective tool to manage visa and immigration processes, improve identity management and combat fraud.

At the Five Countries Conference (FCC) in London a memorandum of understanding was signed between Australia and New Zealand. The Conference enables Five data sharing Countries to exchange information and agree a way forward to improve border security. FCC data-sharing helps to establish the true identity of people whose identities or nationalities were previously unknown or uncertain, and has been used in Australia to check the identities of irregular maritime arrivals, other people in immigration detention and illegal foreign fishers. Since 2006, more than 100 000 fingerprint records have been exchanged, helping Australia and FCC partner countries to establish the true identities and immigration histories of people whose identities were unknown or uncertain. Collection and sharing of biometric data is a proven tool in the fight against identity fraud and can prevent unlawful entrants' efforts to thwart Australia's border and visa processes.

Canadian Immigration Minister Kenney said that Canadian citizenship is more than a legal status, more than a passport. We expect citizens to have an ongoing commitment, connection and loyalty to Canada while introducing a new changes in Canadian Immigrant norms. The main motive behind these changes to prevent citizenship fraud. As promised in the Speech from the Throne, these amendments will streamline the process to take citizenship away from those who have acquired it by fraud, including by concealment of their war crimes. And it would take decision-making away from politicians and give it to the courts.
The proposals in the Strengthening the Value of Canadian Citizenship Act are as follows:

- There are likely to be tough new regulations covering citizenship consultants and tougher measures taken against those who gain Canadian Citizenship fraudulently. This follows on from proposed amendments to the Immigration and Refugee Protection Act relating to immigration consultants – The Cracking Down on Crooked Consultants Act.

- The penalties for citizenship fraud are likely to be increased to a maximum of $100,000 or up to five years in prison or both.

- The intention is to increase the residence requirements so that to gain Canadian citizenship you will have to be physically present in Canada for three of the previous four years.

- In future criminals including violent foreign criminals will be prevented from becoming Canadian citizens.

- The process for revoking citizenship and the removal process will be speeded up. In future decisions on revocations will be made by the Federal Court instead of the Governor in Council.

- Making sure that Canadian law fully implements the first generation limit to passing on citizenship. Generally, Canadians living abroad will only be able to pass on citizenship to one generation. If living abroad the second generation will not normally be able to pass on citizenship to their children. The exception to this will be children of parents who are working for the Canadian Government or a Canadian Province or in the Canadian armed forces.

Today is the first day that employers may file H1B petitions for FY 2011. We certainly released our cases on time yesterday, and are still open to new cases as long as the H1B cap will remain open.

Under current law, an alien can be in H-1B status for a maximum period of six years at a time. After that time an alien must remain outside the United States for one year before another H-1B petition can be approved. Certain aliens working on Defense Department projects may remain in H-1B status for 10 years. In addition, certain aliens may obtain an extension of H-1B status beyond the 6-year maximum period.

The current law limits the cap of H1Bs to 65,000 as the number of aliens who may be issued an H1B visa or otherwise provided H-1B status. In addition, all H-1B non-immigrants who work at (but not necessarily for) universities and non-profit research facilities are excluded from the numerical cap. This means that contractors working at, but not directly employed by the institution may be exempt from the cap.

H1B Visa renewals and Extensions of stay however do not count towards the annual limits. Transfers of H1B visas among employers only count when changing jobs from an employer exempt from the limits (academia or research) to one that is not exempt. Therefore, despite the numerical limitations we can prepare and file your case for an extension of stay provided the maximum 6 year has not yet been fulfilled.

What other situations will allow a petition to avoid the H1B Cap? How to ensure ensure that an H-1B petition will be accepted for filing and not be counted against the cap in the following situations. What boxes on Form I-129, Part 2 and Supplement I-129 Part C should be marked?

(1) H-1B Beneficiary is abroad holding a USCIS H-1B Approval notice with start date of Oct 1, 2009. The H-1B Beneficiary's current petitioner has indicated that they will not be bringing alien on until late 2010. A second employer seeks to file a petition requesting concurrent employment for this Beneficiary which will enable Beneficiary to come into the country on Oct 1, 2010.

(2) H-1B Beneficiary is abroad holding a USCIS H-1B Approval notice with start date of Oct 1, 2009. The H-1B Beneficiary's current petitioner has not ever brought this beneficiary into the U.S. A new employer now wishes to file a petition requesting a change of employer for this Beneficiary which will enable Beneficiary to begin working immediately.

(3) H-1B Beneficiary is abroad holding a USCIS Approval notice & H-1B Visa with start date of Oct 1, 2009. Beneficiary's current employer does not seem willing to commit to a definite start date. A new employer wishes to file a petition requesting a change of employer for the beneficiary.

INA 214(g)(7) states that any alien who has already been counted within the 6 years prior to the approval of an H petition toward the numerical limitations shall not again be counted towards those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed.

8 CFR 214(h)(13)(iii)(A) also states that an H1B alien who has spent 6 years in the US as an H1B visa holder may not seek extension, change status or be readmitted unless the alien has resided and been physically present outside the US for the immediate prior year. If these are read in conjunction, the alien has already been counted against the cap when he was first petitioned and approved for H1B status.

Alien would not be eligible for another full 6 years since alien has not been admitted to the US and then left and resided abroad for 1 year. Alien has never been admitted so the allowance of 8 CFR 214(h)(13)(iii)(A) for a renewed 6 years would not apply to alien.

USCIS will take into consideration whether an H-1B visa number has already been counted against the cap based on a previous H-1B approval if the forms are clearly marked with this request. USCIS advises that the open space in Part 2 of Form I-129 can be used to make a note such as “Not Subject to H-1B cap; previous H-1B approved SRC # ________” or something similar. The same should be clearly marked on the Form H-1B Data Collection Supplement at Part C. Furthermore, a copy of the previous H-1B visa I-797 approval notice should be enclosed and an explanation of why the H-1B should not be counted against the cap can also be stated on the Employer cover letter.

The H1B Petition process is complicated, make sure to consult an experienced Attorney when attempting to file for your workers.

When faced with trying to have a U.S. citizen, legal permanent resident, or nonimmigrant visa holder perform services in Mexico, it is critical to analyze the following issues first:

· Does the company have any operating entities in Mexico?

If so, some Mexican consulates will indicate that FM-3 visa applications should be made through Instituto Nacional de Migracion (INM).

· What services/duties will the person perform in Mexico?

Certain managerial, executive, and technical duties will force the use of the application process through INM versus Secretaria de Relaciones Exteriores (SRE). INM documentation requirements are always more demanding.

· How often will the person need to be in Mexico and where in Mexico over what period of time?

Business visitors must typically consider 30-day or one-year visas allowing certain business activities.

· Is the person from a restricted nationality country under Mexican law?

If so, plan ahead for two- to six-week delays for review of the visa application by INM in Mexico City. This comment includes someone who is from a restricted nationality, but who possesses a valid U.S. nonimmigrant visa.

· How will the person be compensated for services/duties performed in Mexico?

If the applicant will be paid by a Mexican source, the application must be reviewed by INM first before approval by SRE.

· Will the person reside in Mexico or the U.S. side of the border as to border zone assignments?

If the applicant will reside in Mexico, INM must review the application before the issuance of any visa by SRE.

· Will the person have signatory authority to bind the U.S. or Mexican company?

In this situation, it is important to have the FM-3 visa annotated to reflect this authority, which is often called "poder" authority.

· If the person possesses technical expertise, do they have a degree (for that matter a copy of the degree and curriculum vitae)?

The INM documentation requirements normally include providing an apostilled letter from the employer as well as an apostilled copy of a degree or an apostilled letter from the company confirming expertise for those not possessing a degree. Some INM offices will accept just an apostilled letter confirming experience as well as any degree versus reviewing the original degree.

· Has the person ever had a Mexican visa before, if so, what type? Did the person cancel prior Mexican visas?

Most INM and SRE offices will require proof of timely cancellation of the prior visa and payment of any required penalties before issuance of a new visa. This can become costly for those who have forgotten to do so for months and then need to be re-admitted. Although the penalty is set by a formula, it is possible to request a reduction in the amount based on circumstances of merit (e.g., first FM-3, illness, or other emergency).

The Mexican immigration alternatives are constantly changing, as are those for the United States. It is important to consult with legal counsel before choosing any particular options. It is also important to make sure that support letters as to activities in the United States do not contradict representations made concerning a U.S. nonimmigrant visa holder’s status in the United States. In addition, pre-planning regarding the documentation necessary for INM versus SRE applications for FM-3 status is critical.

The Government of India has stated that educational cooperation is an "important facet" of Indo-UK ties. They will be in contact with the British High Commission to "better understand the reasons" for the temporary freeze on UK student visa applications by those based in Northern India.

The Indian Government is trying to help genuine students planning to study in the UK who have been affected by the temporary ban on student visa applications made at UK Visa application centers in New Delhi, Chandigarh and Jalandhar from 1 February 2010. An Indian official said, "Student exchanges form a vital component of this cooperation. We would remain in touch with the BHC (British High Commission) on this matter."

The Ministry of External Affairs has been in touch with the British High Commission on this matter to better understand the reasons behind this decision and also to ensure that genuine Indian students planning to go to the UK for studies are not adversely impacted. It is also interesting to note that the UK Border Agency is investigating a number of UK education providers. This week approximately 60 education providers in the UK were suspended from the sponsors' register.

The UK Border Agency on 31 January 2010 announced the temporary ban on UK Tier 4 student visa applications at the three Visa Application Centres in India and at Visa Application Centres in Bangladesh and Nepal. There was a huge increase in the number of UK student Tier 4 visa applications made in Northern India in the last three months of 2009. The temporary ban was introduced as UKBA was concerned that many of these student visa applications were not genuine.

Australian immigration will soon start implementation of biometric checks for Australian visa applications in ten Countries. $69 million Australian dollars will be invested over four years. The Australian Government had the following to say about the new Australian visa biometric requirements.

* If you apply for an Australian visa in any of the ten Countries you will need to also submit your fingerprints and facial images This biometric data is unique to a particular individual and will enable the Australian Government to confirm the true identity of visa applicants.
* Checks will be made in databases for known terrorists and criminals and other people of concern.
* Australia shares biometric data with the United Kingdom and Canada. The United States and New Zealand will join the data-sharing arrangement this year.
* The Australian Government is working closely with the UK Government, which already has experience in this area.

The 10 locations for the scheme have been selected on the basis of National security and fraud risks, locations where the Australian Government can use British biometric collection centers, and Broad geographic coverage of the scheme. The authorities here says that the use of biometrics will help in keeping Australia's borders secure and maintaining the integrity of our migration program.

Mexico’s National Migration Institute published its Manual of Criteria and Migration Procedures. The Manual will be enforced as of 5/1/10 throughout the 32 delegations of the National Migration Institute in Mexico. Courtesy of AILA member Enrique Arellano.

The intention of the National Migration Institute is to clarify, streamline and simplify
processing requirements for each immigration category. Applications currently being
processed and those filed before May 1, 2010 will be analyzed and processed based on
current policies, practices and procedures.

Some of the most relevant aspects of the Manual are the following:

• All migratory forms for tourists, business visitors and technical visitors with
lucrative activities, who intend to stay in Mexico for up to 180 days, will be
replaced by a single “FMM” form (“Forma Migratoria Múltiple”).
The FMM willserve as evidence of the foreign national’s immigration status while in Mexico;

• The business visitor criteria are clearly defined; This new FMM form has an option
for choosing the purpose of the visit as business (negocios), which once the foreign
national enters Mexico, the immigration officer will grant a 180 days stay.

• There are 3 different options that the immigration officer might mark and that will
grant the foreign national 180 days: a) Business (Visitante Persona de Negocios), b)
Visitor with Lucrative Activities (Visitante con Actividades Lucrativas) and c)
Visitor with Non Lucrative Activities (Visitante con Actividades No Lucrativas).
Any of the previous allow the foreign national to visit Mexico for business, either
for working purposes or only for meetings

• In case the purpose of the business visit extends more than 180 days, the foreign
national will have to file for a change of Immigration status to obtain the
correspondent FM3.

• The ABTC (Asia-Pacific Economic Cooperation business travel card) criteria are
clearly defined;

• In the following weeks, the National Migration Institute will publish the formats of
the new migration cards that will replace the FM2 and FM3 booklets. Changes of
activity, domicile, marital status, etc. will no longer have to be annotated on the
migratory document, thereby allowing the foreign national the ability to travel in
and out of the country while a change of status/conditions application is in process
without having to request an exit and re-entry permit;

• Consular Posts will no longer issue FM2 or FM3 booklets. Instead, the Consular
Post will place a visa sticker on the foreign national’s passport, upon receipt of the
petition’s approval from the National Migration institute. The sticker will allow
entry into Mexico within 365 days of issuance. Upon entry, the foreign national
must obtain the new FM2 or FM3 migration card within 30 days.

As security at International airports tightens, we remind our readers about ESTA. On the one-year anniversary of implementing the Electronic System for Travel Authorization, the Department of Homeland Security’s U.S. Customs and Border Protection reminds U.S.-bound travelers from Visa Waiver Program countries of the ESTA requirement. Beginning January 20, CBP will initiate a 60-day transition to enforced ESTA compliance for air carriers; VWP travelers without an
approved ESTA may not be allowed to board a U.S.-bound plane.

ESTA is an electronic travel authorization that all citizens of VWP countries must obtain prior to boarding a carrier to travel by air or sea to the United States under the VWP. ESTA has been mandatory since Jan. 12, 2009 for all nationals of VWP countries traveling to the U.S under the VWP.

More from the CBP here