Australian immigration

‘It will destroy us’, family speaks out about son’s imminent deportation

The Irish family of a former Bandidos bikie is despairing at their son’s imminent deportation from Australia under a controversial policy.

Paul Pennie, 46, is awaiting a Federal Court appeal hearing to determine if he will be sent back to a country he barely knows after being sentenced to prison on charges including possession of methylamphetamine with intent to supply.

The Pennie family migrated to Australia in 1980 when Paul was only six. His father Gerry is worried his son’s deportation will have a devastating effect on the close-knit family.

“It would destroy us,” he said.

“He doesn’t know anyone in Ireland.”

Earlier Story: Irish-born ex-bikie faces deportation under controversial policy

Mr Pennie said his son’s battles, which ultimately led to his visa being cancelled in 2016, stemmed from the sudden death of his younger brother and a workplace injury that left him unable to continue his job as a security guard.

The Australian government deported more than 1,000 people between 2016 and 2018 on character grounds, a policy recently criticised by New Zealand Prime Minister Jacinda Ardern.

Home Affairs Minister Peter Dutton has cancelled thousands of visas on ‘character’ grounds.

Home Affairs Minister Peter Dutton has cancelled thousands of visas on ‘character’ grounds.

The issue was having a “corrosive” impact on Australia’s relationship” with New Zealand, Ms Ardern said. She argued that deportations should not be enforced after an individual has lived in a country for 10 years.

Gerry Pennie emphasised that his son had never been charged with or engaged in violent crime, and had severed ties with the Bandidos bikie club.

“I know him as my son. He has never laid a hand on anybody. Never,” Mr Pennie said.

His son was allegedly nearly bashed to death by fellow bikie-connected inmates in prison after he refused to participate in a stabbing, his father said.

The Irish-Australian suffers from both mental health issues and heart disease, and is concerned about his ability to access and afford treatment should he be deported.

During Mr Pennie’s 2018 Federal Court hearing, the then Minister for Immigration and Border Protection, Petter Dutton, said he accepted that Mr Pennie’s deportation would potentially exacerbate his psychological conditions “given his history of depression and suicidal ideation”, but that he would likely be able to access health support in Ireland as a habitual resident.

The Pennie family. (From left) Paul, who is facing deportation, his mum Evelyn Pennie, sister Clare Flint, dad Gerry, sister Karen Derrick and brother Keith.

The Pennie family. (From left) Paul, who is facing deportation, his mum Evelyn Pennie, sister Clare Flint, dad Gerry, sister Karen Derrick and brother Keith.

It is uncertain if Mr Pennie would satisfy the conditions necessary to be eligible for social assistance, because factors considered by Ireland’s Department of Employment Affairs and Social Protection include the applicant’s intention to live in Ireland for the foreseeable future.

Mr Pennie has no desire to live in Ireland, where he has no ties, and his family is concerned he would not be able to independently establish a new life or find accommodation having been either incarcerated or in a detention centre since 2015.

Paul Pennie has guaranteed work with a friend’s lawn-mowing business if he is allowed to stay in Australia, the family said.

His sister Clare Flint accepted some Australians would believe deportation was necessary as part of a tough stance on crime, but she emphasised that other foreign criminals had avoided expulsion after being sentenced for more serious, violent crimes.

Early this year it was revealed that hundreds of immigrants who had their visas cancelled after committing crimes in Australia have been spared deportation, including a drug trafficker who had spent more than 10 years in prison.

“Put your feet in our shoes,” his sister says. “Everyone’s made mistakes, but Paul’s paying the ultimate price in losing his family.”

Skilled migrants facing tougher path to residency

Australia’s political leaders are nervous about immigration levels.

Australia’s political leaders are nervous about immigration levels.

Skilled workers looking to get sponsored by Australian companies face a more treacherous path to permanent residency no matter who gets elected this weekend.

Both Labor and the Coalition are promising further restrictions to temporary skilled visa holders and stricter rules for businesses looking to sponsor foreign workers.

Labor are under pressure from the union movement to protect Aussie jobs. The coalition has linked congestion problems in Australia’s biggest cities to high immigration numbers.

Labor has pledged to increase the minimum pay rate for foreign workers on skilled visas from $53,900 to $65,000 “to ensure it is not cheaper to bring in an overseas worker than pay a local worker.”

Immigration expert John McQuaid said this measure would hit workers in the hospitality industry hardest.

He said: “Unsurprisingly, the parties are not pandering to those on temporary visas because they can’t vote.

“With the raising of income on 457-styles visa, areas like hospitality and the service industry would be hurt most because they’ve been historically lower paid.  Café and restaurant staff and managers will find it tougher to get sponsored if this happens.”

The number of Irish workers applying for skilled visas in Australia is falling.

The number of Irish workers applying for skilled visas in Australia is falling.

A tightening of immigration rules and the ending of the 457 visa programme last year has made it more difficult for skilled workers to get sponsored by employers.

Figures from the Department of Home Affairs show 1,470 primary applications for a skilled visa were granted to Irish people up to June 30, 2018.

This was a 22 per cent fall on the previous year when 1,900 Irish people were granted a skilled visa.

The coalition government introduced Labor Market Testing to ensure Australians are always given priority for local jobs.  Employers can only bring in overseas workers if they can not find a suitable local candidate.

Businesses who hire a foreign worker must also pay upwards of $1,200 into a training fund for Australian workers.

If elected, Labor says it will clampdown on employers who “artificially inflate salaries” by offering foreign workers substandard accommodation and inflated overtime hours.

It also plans to “restrict temporary work visas to jobs where there is a genuine skills shortage” and to introduce what it calls the Australian Jobs Test to prevent labour agreements from being entered into unless they create jobs for local workers.

It will also crack down on “unqualified temporary workers” with mandatory off-shore testing of foreign workers skills before a visa can be issued.

Extra funds will be used to increase workplace inspections and investigate employers who breach work visa regulations.

Would-be migrants prepared to live and work in rural areas for three years have a more linear path towards permanent residency.

Would-be migrants prepared to live and work in rural areas for three years have a more linear path towards permanent residency.

While these measures will make it more challenging to get sponsored, a new regional visa programme offers new opportunities for Irish people willing to move to rural areas.

Unveiled by the Liberal government in March, the new scheme offers 23,000 visas for skilled workers who are willing to live and work in regional Australia.

After three years of regional work, visa holders can apply for permanent residency.

Skilled migrants will be priority processed and can access a larger pool of jobs on the eligible occupation lists compared to those who live in major cities.

John McQuaid said the regional visas, which will be available from November 2019, offer new opportunities for Irish people who are willing to look beyond the big cities.

“There’s going to be additional occupations on the list for people willing to apply for regional visas. It will open up options for some people who previously didn’t qualify,” he explained.

“It could also be an attractive option for Irish people who grew up in rural Ireland who are much more at home in rural Australia than in the big cities and there’s plenty of promise in regional locations.”

While the regional visas offer a possible new pathway in, the Liberals have reduced the permanent migration cap by 15 per cent from 190,000 to 160,000 for the next four years.

Labor also believes an intake of 160,000 permanent migrants each year is “about right”.

Scott Morrison also hopes to attract more students to study in regional Australia with $15,000 scholarships being offered to 1,000 domestic and international students.

International students who study at regional universities can apply for an additional year in Australia on a post-study work visa.

Doubts cast on Morrison government's 'bush visas' plan

Australia’s skilled immigration system is facing another shake-up.

Australia’s skilled immigration system is facing another shake-up.

Doubt has been cast on whether the Morrison government’s plan to compel large numbers of would-be skilled migrants to regional areas will work.

Under new plans aimed at easing congestion in the major cities released on March 19, as many as 9,000 skilled migrants each year will have to live and work in rural or regional parts of Australia for a period of three years if they want to apply for permanent residency.

These designated areas essentially includes everywhere except Sydney, Melbourne, Perth and south-east Queensland but does include the cities of Adelaide, Darwin, Hobart and Newcastle.

The new Skilled Regional Provisional visas, along with other incentives such as priority processing, will enhance opportunities for regional Australia, the government says. 

“They will enable regional businesses to fill vacant jobs faster and encourage skilled migrants and their families to settle and remain in regional areas,” the announcement said. “There will be greater incentives for regional employers to nominate skilled workers, including access to additional regional occupations and priority processing of regional visa applications.’

“We’re only talking about people going into places where there are jobs and opportunities,” the Prime Minister said at a press conference in Canberra announcing the plan. “We have a lot of shires around the country saying to us ‘we want people’.”

Prime Minister Scott Morrison wants more skilled immigrants to live and work in regional Australia.

Prime Minister Scott Morrison wants more skilled immigrants to live and work in regional Australia.

But immigration experts have claimed that demand for existing regional visas is actually falling and have cast doubt on the PM’s claims just months before an anticipated federal election in May.

One migration agent said the new ‘three years in the bush’ provision would “be a turn-off for many”.

“A larger number of the visas available will require migrants to first take a provisional visa to live in a regional area and then, after proving they have lived there for three years have the opportunity to apply for permanent residence,” he said. “This will suit some but will be a major turn-off for many.”

Minister for Immigration David Coleman said permanent residency would be the carrot for new migrants to ‘go bush’.

“For people who emigrate to Australia, permanent residency is at the top of their priority list,” he said.

“It means that you can stay in the country and plan your future in this nation. So by linking the requirement that a person stays in a regional area for three years to their permanent residency, we will see a very, very high level of compliance with that requirement.”

Minister Coleman said if applicants did not comply “they won't get permanent residency and they will not be allowed to settle in Australia”.

Millions of dollars have been allocated to monitor compliance within the scheme. After three years applicants must prove they have lived and worked in the regions but Prime Minister Morrison played down fears of a ‘big brother’ approach by his government.

[If applicants do not stay in regional areas for three years] they won’t get permanent residency and they will not be allowed to settle in Australia
— Minister for Immigration David Coleman

“There is a strong self-assessment process to this because people need to demonstrate where they have been. Through people’s own records, where their addresses have been and where their power bills are, their employment records, their tax file numbers - all these sorts of things - we have a pretty reasonable understanding of where people have been and where they've been living.

“[But] the suggestion of some sort of walking the beat enforcement arrangement here is obviously ridiculous.”

The Irish Echo has confirmed however that if applicants for the Skilled Regional Provisional visas are made redundant during the qualification period, it will be up to them to find another job or their dreams of residency may vanish.

The latest statistics show that demand for regional visas (the current 187 employer sponsored visa) has actually fallen from 10,198 places in 2016/17 to 6221 places in 2017/18, a 39 per cent drop.










Can I sponsor my elderly parents to come to Australia?

John McQuaid answers your visa questions.

John McQuaid answers your visa questions.

Hi John, I am a permanent resident in Australia for 10 years. We are looking for options for my parents to move to Australia. We have looked at the parent visa but don’t think they qualify because they don’t meet the balance of family test? I’m one of three brothers, the other two are still living in Ireland, though one is thinking of making the move out here. What can we do? TJ

Dear TJ , It seems at the present time your parents don’t currently meet the “the balance of family test” for the permanent parent visa options. This test means that more of your parents’ children must be living in Australia than in any other country. You can access a table to check this out (immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/contributory-parent-143/balance-of-family-test)

However , there are some alternatives to consider .

On March 1, 2019, the immigration minister announced that applications to sponsor a parent for an 870 parent temporary visa will open on April 17.

This visa option will not have a balance of family test .

Once the sponsors application is approved, your parent(s) will be able to apply for the visa.

Applications for the 870 visas are intended to open from July 1, 2019.

The visa allows parents to remain in Australia for up to five years at a time without departing. A further five-year visa can be applied for after leaving Australia for at least three months .

To be eligible for the visa a parent must be the biological, adoptive, or step-parent of the sponsor, who must be an Australian citizen or Australian permanent resident. A cap of 15,000 sponsored parent 870 visas will be granted each year. Expect queues to form very quickly. The fee for the sponsorship application will be $420.

The 870 visa application fees are listed at $5,000 for three-year visa or $10,000 for five years

The visa fees will be payable in two instalments, one at time of application and the remainder paid before the visa is granted. The 870 visas do not confer work rights . Applicants will be expected to be able to show source of funds to support themselves and have high-level health insurance.

The full rules and regulations have yet to be released.

There is also low-cost, longer-validity visitor visa available for parents of Australian permanent residents and citizens. Fees start at $140.

These longer visitor visas can only be applied for while you are outside Australia.

These 600 visas allow a maximum stay of 12 months in any 18-month period. For instance, if you have just spent 12 months in Australia, you would need to spend at least the next six months outside Australia. Otherwise, Immigration may deem you are trying to take up residence and possibly cancel the visa.

If you are not in the parent queue, you can still get a longer stay visitor visa. The duration of the visa will depend on whether you have had a history of travelling to Australia previously and leaving within your visa period. Three-year visas are given to people with a good history of visa compliance.

If it’s your first visa to Australia it may only be granted for 18 months.

For these longer-term visitor visas you will need high-level private health coverage. Immigration is likely to ask for evidence of insurance.

John McQuaid is an Irish-born registered migration agent. Send him your questions here.