Sunday Times (Sri Lanka)

Good Strategy necessary when seeking Australian Visa, says Immigratio­n Lawyer

- Sadisha Saparamadu

He also warned prospectiv­e students on selecting the University or Educationa­l Institute they plan on pursuing their studies in, noting that while Australia has world-class Higher Education Institutes, an unrecognis­ed University may adversely affect a student’s chances when obtaining a Visa, while providing insecurity in their future of the course they study in if the Educationa­l institute becomes bankrupt.

He also said that all occupation­s in the Australian Skilled Occupation List have potential for Permanent Residence, however it may depend on demand for occupation and area of work. He noted that many occupation­s, not just highly-skilled jobs, have potential to be accepted for Permanent Residence depending on demand.

Mr Dinesh Iriyagolla Weerakkody, Solicitor and Barrister and Immigratio­n Lawyer working in Australia spoke to The Sunday Times on the process of obtaining an Australian Visa and requiremen­ts for a prospectiv­e Visa Applicant.

Mr Weerakkody, who studied at Deakin University and then admitted to the Supreme Court of Victoria, strongly recommends any visa applicant to plan ahead and map a strategy for immigratin­g to Australia, preferably with guidance from a qualified Immigratio­n Lawyer or registered Visa Agency.

Noting that Australian Immigratio­n Law is complex and may vary for different States, occupation­s or visa types, he says it is important to consider where the applicant would plan to study and work and whether they fulfill the necessary requiremen­ts for the Visa they seek.

While there are many Visa agencies that offer assistance to get an Australian Visa, Mr Weerakkody warned applicants to check if the agencies are qualified and registered, stating that in

Australia 70% of Visa Agencies do not renew their registrati­ons while the number of Visa agencies continue to rise. He recommende­d a qualified Immigratio­n Lawyer, who would have more knowledge about Australian Immigratio­n Law and Policy.

Explaining the process for obtaining a student visa, he says that students will have to write a statement for the Genuine Temporary Entrant Requiremen­t, that will evaluate if the student has a genuine interest to study the intended course and whether they will genuinely stay in Australia temporaril­y.

He noted that job experience or additional qualificat­ions in the intended stream of study would better a students chances to be considered a Genuine Student, while also helping them receive the Confirmati­on of Enrollment (CoE) from the University they plan to study in.

He also warned prospectiv­e students on selecting the University or Educationa­l Institute they plan on pursuing their studies in, noting that while Australia has world-class Higher Education Institutes, an unrecognis­ed University may adversely affect a student’s chances when obtaining a Visa, while providing insecurity in their future of the course they study in if the Educationa­l institute becomes bankrupt.

When considerin­g Permanent Residency Status, a concern for many prospectiv­e Sri lankan Visa applicants, he says it is important to consider where you study and work, which may give more points towards Permanent Residency. Working or studying in Designated Regional Areas, a specific term in Australian Law, can contribute more points, but he advises to cross-check with the postcodes of the place you live in to ensure it is designated as a regional area.

He also said that all occupation­s in the Australian Skilled Occupation List have potential for Permanent Residence, however it may depend on demand for occupation and area of work. He noted that many occupation­s, not just highly-skilled jobs, have potential to be accepted for Permanent Residence depending on demand.

Finally, Mr Weerakkody advises successful Visa Applicants to research on Australian Criminal Law and Traffic laws, which are often very different to those in Sri Lanka. Being charged with a criminal offense may affect your Visa status and your position in the Educationa­l Institute you study in or Employer you work in. A criminal record would also make it much more difficult to pass the Citizenry Assessment if you seek to become an Australian Citizen, he says.

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