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IMMIGRATION LAW

WHAT WE DO

  • Business immigration and facilitation of international mobility including formulation of policy, recruitment programs, and liaison with associates internationally
  • Employer sponsored - short term and long term visas
  • Permanent residence
  • Employer nomination residence
  • Permission to work
  • Character and health criteria
  • De facto and marriage spouse residence
  • Migration Review Tribunal, Administrative Appeals Tribunal and court reviews
  • Exceptional talent visas
  • Family reunion visas
  • Investor visas
  • Issues of compliance

IN BRIEF

Australia’s migrant intake is at 190,000 per annum, but this figure is deceptive because it does not take into account temporary but long stay residents such as working holidaymakers, students and 457 visa holders. These people equally work and create infrastructure needs. Including all these, the figure moves to in excess of 350,000 every year.

Australia’s low unemployment and need for unskilled and skilled labour allow for benefits to flow to Australia, and to attract these workers.

Immigration is tied to employment. The easiest and most attractive form of immigration is the 2 step employment sponsorship by an employer – first for up to 4 years on a 457 visa and then sponsored to permanent resident by the employer / sponsor after 2 years on a 457 visa.

There is always the option of being sponsored by a family member or most frequently, by an Australian resident partner (opposite or same sex).

Immigration law is an area that touches on fundamental issues for clients including, not least, their happiness and that of their family. These very human issues make this an area about which we are passionate and determined to succeed for our clients.

Work sponsored visas:

The fast route is as follows:

  1. A person comes to Australia on a working holiday visa (see www.immi.gov for eligible passport holders) or as a student. Providing:
    • the employer demonstrates ability to qualify as a sponsor by virtue of turnover;
    • compliance with training requirements for existing employees, or future program (for Australian businesses only);
    • the candidate has qualifications and experience in a job set out in the Classified Skills Occupation List: and
    • a salary is to be paid at market rate and in excess of prescribed minimum;
    • the sponsorship and nomination will be approved and 457 visa will be granted.
  2. While working for an employer in Australia, the person is sponsored by an employer for a 457 visa, or the candidate arrives on a 457 visa sponsored by an Australian or overseas business, the candidate can stay or move employment in Australia provided that the new employer is or becomes a sponsor approved by the Department of Immigration and Citizenship.
  3. After 2 years with the then current employer the candidate can be sponsored for permanent residence by that employer / sponsor.
  4. This sponsorship for permanent residence does not oblige the employer to retain or the employee to remain in employment with the sponsor.

Relationship based sponsorship:

  1. This is also a 2 year process.
  2. The applicant must be married to the sponsor or in a de facto (opposite or same sex) relationship.
  3. For a de facto relationship there needs to be 12 months established cohabitation, or less with registration of the relationship with a state or territory government.
  4. The visa then granted is provisional for 2 years, and after that, if it is established that the marriage or relationship still exists, then the candidate becomes a permanent resident.

Citizenship:

After 4 years in Australia, including the last year as a permanent resident, a person is eligible to obtain Australian nationality.