Immigration Debate

Sameen* is a citizen of Iran, but has been living and studying in Australia for nearly 3 years. She presently has a student visa, and is aged 27. Unless Sameen can obtain permanent residency, she will need to leave Australia when her studies are completed. However, having recently converted to Christianity while in Australia, Sameen is concerned that she will be discriminated against if she returns to Iran. She therefore wants to stay and live permanently in Australia. (* name changed)

One option which may be available to Sameen is to make an application for protection (refugee status), which can be made while she is in Australia, but the outcome will depend on whether Sameen meets the definition of a refugee, as per the United Nations 1951 Convention that Australia has signed. The Convention defines refugees as people who:

(a) are outside their country of nationality or their usual country of residence,
(b) are unable or unwilling to return to their home country, or to seek the protection of that country, due to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and
(c) are not war criminals or people who have committed serious non-political crimes.

As Sameen is living outside her home country, and does not have any criminal convictions or history, she may only need to show that her conversion to Christianity means she would be persecuted in Iran. However, “persecuted” may mean more than just discrimination, so it will depend on whether the Australian Department of Immigration and Citizenship believes that forcing Sameen to return to Iran would result in her suffering serious punishment or penalty, or some significant detriment or disadvantage. The decision-maker in the Australian Department of Immigration and Citizenship would also have to be satisfied that Sameen’s conversion to Christianity was genuine, and that she could not easily re-integrate into Iranian society due to her new faith.

During the 2007-08 year, people born in Iran were one of the ten largest groups granted offshore visa grants by the Australian Government, which may be an indication that the Australian Government recognizes Iran as a country where people are persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion. The top ten birth countries in the 2007-08 report were (in order of the number of offshore visa grants): Burma/Myanmar, Iraq, Afghanistan, Sudan, Liberia, Congo (DRC), Burundi, Iran, Sierra Leone, and Sri Lanka.

If Sameen is refused a protection visa, she cannot usually apply again. Moreover, she may be refused any other kind of visa while she remains in Australia, and it may be necessary for her to return home to Iran even if she intends to apply for permanent residency on some other basis.

Sameen might also investigate the visa options for employer sponsored workers (who must have qualifications and skills/or experience in particular occupations required in Australia), regional employment programmes (which aim to attract young - below age 45 - skilled migrants to areas of Australia where they are most needed), or visa options for family migration (if she has family members in Australia, or has an Australian fiance or partner). Although it is not necessary to use a migration agent to apply for a visa in Australia, a migration agent can advise regarding all visa options. Migration agents operating in Australia, who offer immigration assistance services, must be registered with the Office of Migration Agents Registration Authority. Migration agents operating outside Australia may be registered with the Office of Migration Agents Registration Authority, and must also comply with relevant laws in their country of operation.

If you are contemplating immigration to Canada, there are a number of things which you need to consider.

Why Do You Want to Immigrate to Canada?
Canada, as with most countries, has strict guidelines as to who can immigrate there. If you employ the services of an immigration consultant to help you with the application process, they will ask you this question in order to establish which class you are eligible for.

Which Immigration Class Are You Eligible For?
There are four main visa classes under which you can apply for immigration to Canada. Skilled Worker, Family, Business and Temporary classes are all options, each having different requirements and regulations.

What Are The Time Frames?
If you are thinking that you can move to Canada within a couple of months of deciding to do so, you are quite wrong. Whilst, each application is different and processing times differ depending on the type of visa you are applying for, you can expect to have to wait 12 to 26 months (plus) to receive a decision on your visa application.

After that, for the majority of classes, if your application is accepted, you must arrive in Canada within one year from the date of your medical tests. You should keep in mind, that if your application is declined and you wish to re-apply this will add on further time.

Who Will Process Your Application?
Do you plan on filing your application yourself? If you do, you need to make sure that you have it all filled out correctly and provide all of the required information. The last thing you want to do is create further delays. The other option is to use a visa / immigration consultant, this can make your application process a lot smoother.

Once you have considered the above basics, you can proceed to the more in-depth part of your Canada immigration and start to fill out the application form.

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There are many foreign-born people who want to work in the United States and there are many employers who have a need for hiring foreigners. While there are needs on both sides, it can be very difficult to get a work visa. Here is an overview of two kinds of work visas available for applicants.

H1B Visa Program–the primary visa for professionals and students from all over the world who work in specialty occupations. The visa is valid for up to 6 years, employer transferable and dual intent (can apply for Green Card).

Requirements include:
- Bachelor’s degree or higher or foreign equivalent,
- OR at least 12 years work experience in a specialty occupation,
- OR a mix of further education and work experience to total 12 years.
- Specialty Occupations that qualify:
- IT, Computing, Networking, Telecoms,
- Finance, Accounting, Banking,
- Marketing, Advertising, PR, Sales, Recruiting, Business Management,
- Engineering (all types),
- Teaching,
- HealthCare/Medical,
- Legal, Lawyers

H2B Visa Program–a temporary visa for short-term “seasonal” work in the hospitality and tourist industries.

- Requirements include:
- No degree required,
- You must find a job with an offer from a US employer
- Type of jobs:
- Hospitality, hotel/motels, resorts, ski resorts, security
- Cruise ships, restaurants and bars,
- Construction jobs, landscaping, golf courses, maintenance, janitorial,
- Ticket sakes, water parks, ride operators,
- Retail stores.

There are other specific visas for specific programs. It is best to consult with an immigration attorney in your area. An immigration lawyer can go over the various visa programs to see where your skills might fit.

John C. Nelson, Attorney at Law (http://www.immigrationlaws.com) is a immigration lawyer Anaheim, CA. Ryan Coisson is a freelance writer. Article Source: http://EzineArticles.com/?expert=Ryan_Coisson

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