Other Visas

Other Visas

It is not a rumour that the Australian immigration system is very complex and confusing. It is so complex due its diverse visa programs and the way each visa criteria is described in the Australian Migration Act.

In this site we have covered the most common visa types that one can apply for to migration to Australia. However, there remain more visa options for one to be assessed against and consider in applying for such as:

  • Business Innovation and Investment Visa Program
  • Temporary Activities Visa (403,407,408)
  • New Zealand Family Relationship Visa (461)
  • Refugee and Humanitarian Visas
  • Medical Treatment visas
  • Air and Sea Crew Visas
  • Working Holidays Visas
  • Global Talent Visas

If you are already confused and in need for a streamlined visa assessment contact us in making your Australian immigration journey a simplified one.

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Compliance

Compliance

It is critical when your business sponsors overseas workers that you are aware of the business sponsorship and position obligations. Breaches of these obligations can result in substantial fines and sponsorship cancellations. Some obligations even apply beyond the term of sponsorship approval.

The main purpose of these obligations is to help protect overseas skilled workers from exploitation. The obligations also ensure the program is being used to meet genuine skills shortages, and not to undercut local labour wages and conditions.

At IMMIGATE we provide free legal advice and information on these obligations as soon as your business is approved as a sponsor. We also offer guidelines and assistance if your business is going through any monitoring activities by the DOHA to ensure that you are compliant with the sponsorship undertakings as per your approved agreement.

Please contact us if you would like to discuss any compliance issues and questions you may have.

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ENS – RSMS

 

Highly Recommended Employer Sponsored Visa Lawyer in Sydney

The Employer Nomination Scheme (ENS) and Regional Sponsored Migration Scheme (RSMS) allow you to sponsor highly skilled workers on a permanent term to fill skilled vacancies within your business. The vacancies can be filled by either skilled workers from overseas or temporary residents who are already living and working in Australia such as 457/482 visa holders.

To nominate an overseas worker for a permanent appointment you must meet the following:
  • Be an actively and lawfully operating business in Australia,
  • Have a genuine need for a paid employee to fill a skilled position without discriminating against Australian workers,
  • Offer a skilled position in the nominated employee’s field that is full time and ongoing for at least two years and pay a market salary rate,
  • Comply with Australian immigration and workplace relations laws, and
  • There is no adverse information known about your business.
You must also nominate the overseas worker in one of the following three streams and meet the requirements for each stream:
  1. Temporary Residence Transition Stream: For employees who are existing 457/482 visa holders and have worked within your business for at least two years in the same nominated position as sponsored under the 457 visa or for at least three years under the 482 visas.
  2. Direct Entry Stream: For highly skilled overseas workers, who are either from Australia or overseas who are in need to fill a position for a permanent appointment.
  3. Agreement Stream: For employees who are sponsored under an approved labour hire agreement through your business and a permanent appointment is available for them to fill.
For further information on how to apply for an ENS or RSMS contact us for a free consultation with a highly competent lawyer or agent from our team. We provide services all over the major regions in Australia including Sydney, Melbourne, Brisbane, Perth etc.

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Decision Appeals

Decision Appeals

When your visa application has been refused or cancelled by the the Department of Home Affairs (DOHA) , you may be eligible to lodge an application for review to the Administrative Appeals Tribunal (AAT).

These reviews are conducted independently from the DOHA and often present a second opportunity to argue your case and win the right to stay either temporary or permanently.

You will therefore require a highly experienced professional to present your case in the most logical manner covering all aspects of the regulations and policies for a higher chance of a positive outcome.

To determine whether you may have an opportunity for a positive outcome through a Tribunal contact us for a free assessment.

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482 Sponsorship Agreements

482 Sponsorship Agreements

The business sponsorship agreement application process is not a “one size fits all” procedure for employers. While IMMIGATE cannot make hiring an overseas national as quick and easy as hiring an Australian citizen, we can promise to make it a simple, straightforward and painless experience.

To qualify for a standard business sponsorship agreement you must be able to meet the following:

  1. Prove that you are an actively operating business in Australia,
  2. Declare that you have a strong record of, or demonstrated commitment to non- discriminatory work practices, and
  3. Have no adverse information regarding your business.

Once you are approved as a sponsor you can nominate an overseas worker to fill the nominated position consistent with the approved list of occupations by the DOHA.

For an approved nomination you must meet the following criteria:

  1. Show evidence that you have tested the market before nominating an overseas worker (for the majority of occupations),
  2. Offer the overseas staff a minimum salary base that is no less favourable to an Australian employee and that is higher than the Temporary Skilled Migrant Income Threshold (TSMIT) that is currently set at $53,900, and
  3. Demonstrate that the nominated position is genuine.

Following the approval of a nomination application the DOHA can assess the overseas worker’s visa application in which he/she must meet certain criteria to be eligible.

For further information on how to follow a three stages process for becoming an approved sponsor, nominate a position, and apply for a 482 visa application for your nominated overseas employee contact us for a free assessment.

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General Skilled Migration

General Skilled Migration

Although Australia is enjoying relative prosperity in a context of global economic uncertainty, the Australian Government has made a number of recent changes to the number of people that can enter Australia under the General Skilled Migration program and to way applications are prioritised for processing.

There are a number of different visas in the Skilled Migration program. Most applications in this category are assessed against a ‘points test’ and require lodgment of an expression of interest application.  You can accrue points based on your age, English language ability, qualifications, work experience, nominated occupation, nomination by an Australian State or Territory government agency, or sponsorship by an Australian relative.

Independent migrants are selected on the basis of their skills, attributes and suitability for employment so they are in a position to contribute quickly to the Australian economy.

There are 5 different visa options under this point-test program:

  1. Skilled Independent Visa – 189 (permanent visa)
  2. Skilled Nominated Visa – 190 (permanent visa)
  3. Skilled Regional Visa – 887 (permanent visa)
  4. Skilled Recognised Graduate Visa – 476 (Temporary visa 18 months)
  5. Skilled Temporary Regional Visa – 489 (Temporary visa 4 years)

IMMIGATE can provide you with detailed and professional advice aimed at guiding you towards any of the above visa pathways through the General Skilled Migration program and you can contact us for a free assessment.

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Family & Tourist Visas

Family & Tourist Visas

Qualified Partner Visa and Defacto Lawyers in Sydney

Family Visas

The Australian government is committed to helping families to reunite. As a result, a large proportion of the visas offered by the Australian Government are allocated to the Family Migration Program and all must be sponsored by an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

There are several visa options that fall under this program and the main categories are:

  • Parent Visas,
  • Partner Visa,
  • Child Visas,
  • Carer Visas, and
  • Remaining Relatives.

Sponsoring a family member to Australia is often more difficult than people expect because there is no statutory right to bring a family member to Australia. Each application to bring a family member or a partner with whom you share a de facto relationship is unique and requires a case to be developed.

In some cases, you can apply first for a temporary visa, and after receiving it and entering Australia, you can apply for permanent family visa. Most Family visa applications can be lodged in or out of Australia.

At IMMIGATE we have assisted many migrants in their applications for temporary and permanent visas through the family stream. Every lawyer and agent of our team is an expert in providing solutions to complex immigration matters and have helped many families reunite with relatives from overseas.

Tourist Visas

Australia has become a very popular tourist destination and a place to meet family members and friends or to attend business conferences.

To visit Australia for a short period of stay (for up to three, six, or 12 months) you can apply through any of the below categories:

  • eVisitor – Subclass 651: Available to applicants who hold a passport from an eligible country and the applicant must be outside of Australia at the time of application.
  • Tourist Visa / Subclass 600: This visa stream is for people wishing to for a holiday, recreation or to visit family and friends and for other purposes not related to business or medical treatment. You must be able to meet the “Genuine Tourist” criteria.
  • Electronic Travel Authority – Subclass 601: Only certain passport holders can apply for this visa type online and you must be outside Australia at the time of application and decision. You can stay up to three months at a time as a tourist or for restricted business activities.

The Department of Home Affairs (DOHA) would normally impose common conditions on all Tourist Visas such as work and study restrictions and “no further stay” meaning that you cannot apply for any further applications during your period of stay in Australia.

Contact us if you wish to find out what is the most suitable Tourist Visa option for you and to take over in applying on your behalf with the DOHA.

We provide services all over the major regions in Australia including Sydney, Melbourne, Brisbane, Perth etc.

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Labour Agreements

Labour Agreements

Assured Labour Hire Agreement

Labour agreements enable approved businesses to sponsor skilled overseas workers when the need for workers cannot be met in the Australian labour market and standard temporary or permanent visa programs are not available. They are generally in effect for five years and are granted under either the Temporary Skill Shortage (TSS) visa (subclass482) and/or the Employer Nomination Scheme visa (subclass 186).

There are 5 types of labour agreements and we can advise and facilitate all five of these heavily regulated employment options:

  • Company specific labour agreements
  • Designated area migration agreements (DAMA)
  • Global Talent Scheme agreements (GTS)
  • Industry labour agreements (such as on-hire, meat, restaurant, pork, fishing, dairy,minister of religion and advertising)
  • Project agreements

Labour agreements are therefore challenging and heavily regulated instruments that require experience and knowledge to secure. Whilst there are a number of companies who can tell you what type of labour agreements exist, very few really understand them,and fewer still boast our experience. Immigate has negotiated, contracted and administered a diverse and sizeable number of approved labour agreements with the Department of Home Affairs, including acting for publicly-listed company Robert Walters.

Our expertise, experience and reputation stand us apart from our competitors and ensure that we are best equipped to help companies – including labour hire/payroll agencies – take advantage of all the benefits of a labour agreement (on-hire) by becoming and approved party to.

As part of this service, our team will work closely with clients to:

  • Conduct a company assessment to check eligibility and suitability for a Labour Agreement,
  • Recommend and assist in implementing the required steps to meet the criteria, including, labour market testing; business profiling; consultation with stakeholders and unions; and related business terms and conditions,
  • Assist in collating the required reports and all associated documents and information,
  • Administer and coordinate the lodgement of visa applications with the DOHA post-approval, and
  • Manage all compliance obligations and monitoring reports with the DOHA post-approval including renewals.

If you are a company with a genuine skills shortage and unsure of how to fill the void, please contact us to discuss your needs so that we can expedite the process for you and save you time, money and headaches.

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Student Visas

Student Visas

Student Visa Lawyers in Sydney, NSW

The student visa option is for people wishing to undertake various levels of educational studies in Australia. Generally, those with student visas can enter Australia and study various levels of programs from English studies, trade or other vocational studies as well as degrees and post-graduate studies.

To be eligible for a student visa you must meet the following general criteria:

  • Be accepted in a selected course with a registered educational provider
  • Be able to financially cover the tuition fees, travel costs to and from Australia, and general living costs throughout your stay in Australia
  • Pass a general English test depending on which country you come from and the type of course you choose
  • Demonstrate that you are a genuine student

At IMMIGATE we can assist you in choosing the right course of study as a starting lead to increase your chances in gaining permanent residency after finishing your studies in Australia. Each lawyer and agent of our team is an expert and we specialise in providing services all over the major regions in Australia including Sydney, Melbourne, Brisbane, Perth etc. Contact us for a free assessment.

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Sponsored Working Visas

Sponsored Working Visas

Sponsored working visas are one of the most favoured visa programs to win the right to work temporarily or permanently in Australia. They are the most streamlined visa options and easiest to apply for if you are skilled, have competent English Language ability and have an Australian employer that is willing to sponsor you in a suitable position.

The two most common sponsored visa programs are the 482 (previously called 457) temporary working visa and the ENS/RSMS visa programs.

482 Working Visa

To be eligible for a 482 visa you must meet the following:

  • Be nominated to work in an approved occupation on The Skilled Occupation Lists
  • Meet the skill requirements for the nominated occupation,
  • Have been nominated by an approved business, and
  • Have the appropriate English language skills.

You can be in or outside Australia when you lodge your application and include your family member in the application. The processing time frame for this application can range between 4 to 8 weeks. If approved the visa will be valid for a period up to 4 years and you may be eligible to apply for a permanent residency after 3 years.

As part of the visa conditions you must comply with the following:

  • Maintain health insurance for your and any including family members throughout the duration of the visa,
  • Work in the same nominated occupation for the same sponsor unless you transfer your visa over to another employer, and
  • If you cease employment you must find another employer to sponsor you within 60 days, apply for a different visa category or make arrangements to leave Australia.

ENS/RSMS

The Employer Nomination Scheme (ENS) or the Regional Sponsored Migration Scheme (RSMS) are two permanent visa programs available to those who are highly skilled and are offered a permanent position by an Australian employer located either in the metropolitan areas (for ENS) or regional areas (for RSMS).

These visa programs involve a two-step process; firstly, be nominated by an approved Australian employer and then lodging a visa application under one of the three nominated streams:

  1. Temporary Residence Transition Stream: You can apply through this stream if you have worked in the nominated occupation under the 457/482 visa for at least three years with the same sponsor/employer.
  2. Direct Entry Stream: You can apply for this stream if you are highly skilled (with an approved skills assessment if you are applying for the ENS) and have at least three years full time work experience.
  3. Agreement Stream: You can apply for this stream if you are sponsored by an Australian employer that has access to an approved labour hire agreement by the government and offer you a permanent position to fill.

In addition, to be eligible you must meet the following general criteria:

  • Be under the age of 45,
  • Have the required skills and qualifications for the nominated position provided in the Skilled Occupation Lists,
  • Have the appropriate English language skills,
  • Meet the health and character requirements, and
  • Be willing to live for at least two years if nominated by a regional employer.

The processing time frame for these types of visa programs normally take between 4 to 12 months and for any further information on these types of visas contact us for a free assessment.

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