Best Immigration Lawyers In Brisbane | Aylward Game Solicitors

ONCE UPON A TIME IN AUSTRALIA

There was a country, and then there were people. I saw it on the map, I went there, and I stayed. These phrases are probably used and owned by the majority of migrants who made Australia their home. But, what is it that attracts most people to Australia as we speak?

Well, it is the question of fact that every one of us needs to have a decent life, have freedom of expression, love our neighbor and be loved by them, be safe, be prosperous, and the list continues.

Given the possible political, economic and social unrest in the World today, Australia is ahead by far and has a better economy, higher job prospects and more free trade processes than most developed countries.

So, the question is not if but when do you intend to migrate to Australia? This question is gripping most migrant communities who have some knowledge about Immigration Australia.

First, we need to address the lack of adequate information out there as far as knowing how and what to choose as the best pathway to migrate to Australia. We at Aylward Game Solicitors team of immigration lawyers can answer many of your questions, and become your guidepost throughout the journey. Aylward Game Solicitors team of immigration lawyers have a single-line commitment toward keeping you Ahead of the Game.

We are a team of dedicated Brisbane legal professionals, as well as genuine, down-to-earth people with a passion for making a real difference.

Contact us today at Aylward Game Solicitors on 1800 217 217 for a 20 minutes free case consultation.

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VISA CATEGORIES

• Family & Partner Visas
• Working & Skilled Visas
• Bridging Visa BVB

FAMILY & PARTNER VISAS

• Prospective Marriage Visa (Subclass 300)
• Partner Provisional Visa (Subclasses 100 and 309)

PROSPECTIVE MARRIAGE VISA (SUBCLASS 300)

This visa allows you to come to Australia and marry your intended spouse. You may then apply for a Partner visa.

When you and your future prospective partner/spouse are decided on applying for the Prospective Marriage Visa (subclass 300), there are a few critical points that you best consider before lodging your application.

To begin with, it is one of the golden rules that in any type of visa application you contemplate to lodge, you want to get the application right the first time. This mostly requires diligence and legal advice so you have your way navigated in accordance with the current rules and practices. It is one thing to think that you know something, or you read something, it is another if that something that you just read is still valid, or more importantly, if you have used the right interpretation for what you have just read. Remember, an application that is lodged incomplete, or an application with no valid supporting documents, not only may risk the application get refused but also it can cause a delay in the process of your application.

In addition to the above, any incomplete application that attracts negative outcome from the Department of Home Affairs (DHA) may put the applicant and anyone affected by that application, among other things, into unnecessary financial costs which can be avoided if prudent legal advice is sought prior to lodging your application. The rationale of understanding this is very simple; your immigration lawyers who are about to take on a rejected application will now need to review your previous application before assisting you with the preparation of your new application and supporting documents. So you are paying for two fees now, one; reviewing the previous application to see what DHA’s concerns were, and the other, for preparing a completely new application.

Practically, apart from other requirements, when you are to lodge this application, your prospective future partner or spouse, must be outside Australia, be 18 years old or older, and both have the intention to marry each other within 9 months from the date of grant of the visa. This visa allows the person who has been granted the visa to work in Australia and at his/her own expense study in Australia as well.

PARTNER PROVISIONAL VISA (SUBCLASSES 100 AND 309)

This visa allows the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia.

To lodge this application, the qualified candidate would need to apply this in the sequence as provided under the rules. That is to say, the first stage is a temporary visa, and the second one once approved leads to a permanent visa to reside in Australia. The candidate must be outside Australia when he/she applies for this visa

You may ask yourself “why do I need Immigration Lawyers?”

Immigration law is very complex and many applicants require professional assistance in addition to what you may find, read and understand. As the rules keep evolving, it is essential that you seek the right legal advice from experienced immigration Lawyers.

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Contact us today at Aylward Game Solicitors for a 20 minute Immigration Law free case consultation.

WORKING & SKILLED VISAS

• Employer Nomination Scheme Visa (Subclass 186)
• Skilled Independent Visa (Subclass 189) Point-Tested Stream
• Business Talent (Permanent) Visa – Subclass 132 Significant Business History Stream
• Distinguished Talent Visa – Subclass 124

EMPLOYER NOMINATION SCHEME VISA (SUBCLASS 186)

This visa allows skilled workers who are nominated by an employer to live and work in Australia permanently. If you are granted this visa, you can also sponsor eligible family members to come to Australia, and ultimately if eligible, apply for Australian citizenship.

To begin with, you must have an occupation that is on the list of eligible skilled occupations, have at least 3 years of relevant work experience, and have a positive skills assessment unless you are exempt.

SKILLED INDEPENDENT VISA (SUBCLASS 189) POINT-TESTED STREAM

This visa allows invited workers with skills Australia needs to live and work permanently anywhere in Australia. If you are granted this visa, you can also sponsor eligible family members for permanent residence, and ultimately if eligible, to apply for Australian citizenship.

To begin with, you must have an occupation on the relevant skilled occupation list, have a suitable skills assessment for the occupation, be invited to apply for this visa and finally satisfy the points test.

BUSINESS TALENT (PERMANENT) VISA (SUBCLASS 132) SIGNIFICANT BUSINESS HISTORY STREAM

This visa allows experienced business owners, to operate a new or existing business in Australia.

To begin with, you must have a net value of at least AUD1.5 million (lawfully acquired), an annual business turnover of at least AUD3 million for at least 2 of the 4 years immediately before you are invited to apply.

In addition, you need to demonstrate a total net asset of at least AUD400,000 as the ownership interest in one or more qualifying businesses for at least 2 of the 4 fiscal years immediately before you are invited to apply.

DISTINGUISHED TALENT VISA (SUBCLASS 124)

This visa allows an applicant with an internationally recognised record of exceptional and outstanding achievement to work, study and permanently reside in Australia. The recognised record must be related to a profession, a sport, the arts or academic and research.

You need a nomination by an Australian citizen, Australian permanent resident, eligible New Zealand citizen, or Australian organisation with a national reputation in relation to your area of talent.

BRIDGING VISA BVB (SUBCLASS 020)

This visa allows you to stay lawfully in Australia until your substantive visa application is finally determined. If granted, you can leave and return to Australia within the defined travel period while your request for a substantive visa is being processed. Work is subject to the conditions of your BVB.

This visa is temporary. A separate application for a BVB may be necessary where you have applied for judicial review. You can’t use a bridging permit while you are waiting for the outcome of your citizenship application.

 

Main Article: Immigration Australia

Traveling to Australia? It Pays To Read This!!

 

The COVID-19 pandemic has changed everything and affected every immigration process and the way things we used to be. Anyone who is thinking of traveling to Australia for whatever purposes, must read and absorb the following:

Is traveling to Australia “business as usual”?

Unfortunately not. As of 20 March 2020 you can only travel to Australia if you are either;

(a) An Australian citizen;

(b) An Australian permanent resident;

(c) A New Zealand citizen usually residing in Australia; and

(d) An immediate family member of an Australian citizen or permanent resident or a New Zealand citizen usually resident in Australia

 

Who can be considered immediate family members of Australian citizens and permanent residents?

For this category, an immediate family member only refers to: Spouses, dependent children, and legal guardians.

Am I required to go through a quarantine process when arrived in Australia?

The Australian Government has directed that from 28 March 2020, all travelers entering Australia are required to undertake their mandatory 14-day self-isolation at designated facilities. These facilities will be determined by each state and territory and maybe hotels.

Can I interact with my family in Australia after I arrived?

No. As long as the above restriction is in place, when you set your foot in Australia you must not attempt to join your family or friends who may be coming to receive you. You need to do your 14-day self-isolation process first and if during the 14-day self-isolation you come to contact with any family or friend, that individual will also have to complete 14 days of quarantine.

Am I able to travel from Australia to overseas?

If you are Australian citizens and Australian permanent resident you are restricted from traveling to Australia overseas from 25 March 2020, unless you fall within the exemption categories as follows: The list is not exhaustive:

(a) You are ordinarily a resident of another country other than Australia;

(b) You work with an airline, or you are a maritime crew, or you are associated with safety workers;

(c) You are a New Zealand citizen holding a Special Category (Subclass 444) Visa. However, if you are a New Zealand citizen who is a permanent resident in Australia you may apply for a Commissioner’s discretion.

(d) You are someone who is engaged in the day to day conduct of outbound or inbound freight;

(e) You are someone whose travel is associated with essential work at offshore facilities; and

(f) You are traveling on official government business, including members of the Australian Defence Force.

How do I apply for the exemption to travel from Australia?

You can apply online to the Commissioner of the ABF preferably at least 12 hours before your intended departure time. If you are granted an exemption, you must take evidence of that
exemption to the airport.

What are the subclasses visa holders who can come to Australia and are they still required to undertake a mandatory 14-day quarantine?

Partner (subclasses 100, 309, 801, 820) and Child (subclasses 101, 102, 445) visa holders can come to Australia without having to request an exemption., however, they will be required to undertake a mandatory 14-day quarantine at designated facilities such as a hotel in their port of arrival.

What subclass visa holders can’t come to Australia at the moment?

Prospective Marriage (subclass 300) visa holders.

Article Source: Traveling to Australia? It Pays To Read This!!

Australia Takes on Migration Again Highlights of 2021-2022 Federal Budget Review

Whether it can be treated in the midst of COVID-19 recovery or post-COVID-19 recovery, Australia’s 2021- 2022 Federal budget Review includes a range of economic and social outcomes touching on the migration program in order to address skill shortages in the labour market and attract overseas businesses. This synopsis aims to highlight the latest government plans to boost various sectors connected to, or affected by, the migration program.

Highlight 1 – Migration Program Ceiling

• The Ceiling will be maintained at 160,000 places. This includes 79,600 Skill and 77,300 Family stream places.

Highlight 2 – Incentives to hospitality and tourism sector

• The Government will increase flexibility for student visa holders to work beyond the current 40 hours per fortnight limit in the hospitality and tourism sectors.

Highlight 3 – Incentives for Sponsored Parent (Temporary) visas

• The Government will extend the validity period for Sponsored Parent (Temporary) visas by 18 months for individuals who are unable to use their visas due to COVID-19 travel restrictions.

Highlight 4 – Migrant Worker Protection

• The Government will strengthen migrant worker protection in response to recommendations of the Report of the Migrant Workers’ Taskforce.

Highlight 5- Enhancing Migration Litigation Merits Review

• The Government will enhance migration litigation and merits review by funding additional finalizations in the Migration and Refugee Division of the Administrative Appeals Tribunal and providing an additional judge in the Federal Circuit Court in 2021-2022, and a second judge in 2022-2023.

Highlight 6- Australia’s Humanitarian Program 

• The Humanitarian Program for resettlement will have 13,750 places in 2021-2022 to maintain Australia’s long-term commitment to humanitarian resettlement.

Having considered the above, and as general guidelines only, we make the following observations about Parent visas—

• Parent visas

Based on the Government’s announcement, Australia’s international border is likely to be closed until sometime in the middle of 2022. Considering the estimate provided for processing new eligible Contributory Parent visa applications (i.e. approximately 58 months), we recommend that such application be lodged now. You may contact us to see if you are eligible to apply for this visa category. When the border opens, you may then apply for a temporary 3 or 5-year temporary parent visa to remain onshore while the other application is processing.

Aylward Game Solicitors, Brisbane Lawyers, keeping you ahead of the Game with offices now in Brisbane, Gold Coast & Sunshine Coast.

We would be happy to assist you.

Source excluding the Parent visas observations: Funding a safer Australia to secure our future – Department of Home Affairs 

Article Source: Australian Federal Budget

No Further Stay Waiver Request Is This For Me?

Does your visa have a “No Further Stay” condition attached to it, and if so, what does it actually mean? Below we attempt to clarify this and how it is dealt with:

No further stay

There are many temporary visa holders in Australia who have got their visa conditioned as “no further stay.” The conditions include 8503, 8534, and 8535. This means unless there are specific

circumstances such as protection visa consideration, the holder upon expiry of his/her visa must leave Australia and will not able to apply for another visa.

My visa is attached with 8503 conditions, how can I avoid leaving Australia?

You can request the Department of Home Affairs to waive the condition attached to your visa but it must fall under either of the following categories;

(a) If you are unable to leave Australia due to medical reason;

(b) If there is a natural disaster in your home country;

(c) If there is a death or serious illness within your close family;

(d) There is a war or civil unrest in your home country; and

(e) The school in which you have registered cannot provide the course that you were approved for.

You cannot request the waiver simply because of the occurrence of a marriage or de facto relationship with an Australian citizen or permanent resident. Additionally, you cannot request the waiver simply because of pregnancy, unless your doctor advised you not to travel.

What happens when the condition of my visa is waived?

If and when, a “no further stay” condition of your visa is waived, you may apply for another visa without having to leave Australia. You need to be mindful, however, that there is no guarantee that

another visa is granted to you as it depends on the type of visa you apply for, and you must meet the requirements of that visa.

How long does it take to process my waiver request and how do I lodge my application?

You need to be mindful that the waiver is not automatic and it all depends if you have provided all the required documents. Under normal circumstances, it takes around 28 days to receive an outcome on your waiver request. However, a delay may be experienced if your provided information is deemed incomplete. As far as the form, you need to complete the Form 1447 ‘No Further Stay’ waiver request and provide a certified copy of the bio page of your passport and all documentary evidence in support of your waiver request. The information then should be emailed to NoFurtherStayWaiverRequest@homeaffairs.gov.au

Read More: Immigration Law

What if I request for a waiver of the “No Further Stay” condition after my visa is expired?

If you stay in Australia after your visa expires, you have breached condition 8531 which states: “You must leave before visa expiry.” This means even if your No Further Stay condition is waived and you are granted another visa, your sponsor will be penalized and any security bond lodged in support of that visitor visa or professional development visa application might also be forfeited.

 

What if my request for a waiver of the “No Further Stay” condition is refused? Can I appeal the decision?

No. The Department of Home Affair’s decision in respect to your waiver request is final and the decision cannot be reviewed by the Administrative Appeals Tribunal or by another Department. The
Minister also does not have any power to intervene.

Can you assist me to lodge my waiver request application from A-Z?

Yes, we can. It always pays to seek qualified immigration advice to ensure your application and documents are in order. In addition, you need to be mindful that you want to get your application
right first. We are happy to assist you.

By Abolfazl Moghadam

Article Source: 8503 No Further Stay