One of the most popular countries for people wanting to emigrate to is Australia. There are several ways of emigrating to Australia, depending on the type of visa the applicant wants and is eligible for. Some people plan to go and live there permanently while others just need a temporary long-term stay for business or study reasons. Regardless of the purpose and length of stay, almost everyone who enters Australia needs a visa. Australian visas are known worldwide as notoriously difficult to acquire, but in truth this is not the case. The working holiday visa has very simple criteria and, provided that they can be met, is not difficult to receive. However, with regards to the stability of actual emigration a working holiday visa is very limited. Most serious career-minded emigrants need to acquire an Australian business visa which requires sponsorship from the employer and rather more paperwork. One of the most popular variants of the business visas in Australia is the subclass 457. 

To acquire a subclass 457 Australian visa one has two distinct options; doing it yourself, and employing the services of a law firm or legal office. Although many people are often untrusting of solicitors and lawyers, or scared of potential and hidden costs, the overall experience can be considerably worthwhile.

Admittedly, the client must find a reputable law firm with an experienced team of honest, diligent and trustworthy staff. Next they must agree a schedule and price and decide which responsibilities are whose. After that, the bulk of the work is done by the experienced experts and the client just needs to wait, and possibly supply an extra document or two. In contrast to this simple process, applicants can attempt to save a few dollars and apply for themselves. They will still need to interact with their sponsor, who has certain responsibilities, and also deal with the immigration department. However, easy they believe the process to be and however much research and preparation they do, there are still tricks and obscure loopholes which are only known from experience. Applying for one’s first visa, be it a subclass 457 or other, will not afford this experience and could lead to delays, additional unforeseen costs, and the possibility of having a negative effect on the outcome of the visa decision.

In conclusion, there is nothing to stop a potential emigrant to Australia applying for a visa by themselves, but for anything other than a very simple visa application should at least be looked at by a legal firm or experienced lawyer.

One of the most popular destinations on the world for people wanting to start a new life is Australia. It’s a multi-cultural nation that offers excellent opportunities of a good-quality lifestyle for people from all cultures and walks of life. One might then think that with Australia being so large that anyone is welcome to go and live there either on a long-term temporary basis or permanently. Several decades ago this was the case. However, the only truly habitable areas are around the east coast, the ‘bite’ in the south and some parts of the western coastal regions. The huge expanse of land in the centre is okay for mining or other industry, but is far from ideal for successful communities. It is now not as easy as it once was to enter the country and those from most countries must make an Australian visa application in order to get the necessary clearance to visit.

The reasons for the recent tightening of regulations are open to debate. However, people from certain nations appear to be favoured, while those from certain other parts of the world are seen to be less welcome. This, however, is not clearly evident on the streets of Australia’s cities. One can see people of all colours, cultures and religions enjoying life in this great country. Some were born in Australia, others have family members who came before them and even a few are refugees. Possibly the greatest percentage of foreigners living and working in Australia are the on some kind of business visa, usually sponsored by an employer prior to entering the country or beginning work. This is a popular and relatively straightforward process of making a 457 visa application with the local immigration office. If all documents are in order, the process does not take long and the applicant’s family members can be included. Making this kind of Australian visa application can be done by the individual but must include quite a lot of support from the sponsor/employer. Many applications are processed by some kind of law firm or legal office, as these professionals are familiar with the loopholes, procedures, and processing times and requirements. For people who are successful in securing this kind of sponsorship Australia has plenty to offer them once they (and maybe their families) arrive in the country.

Once receiving a visa Australia is usually enjoyed by all who visit. Naturally, there will be those who have some kind of negative experiences, but on the whole, the country has a wonderful balance of climate, society, living costs and a lack of corruption.

All applicants for an Australian visa should at least take an initial consultation with specialist Australian immigration lawyers, such as Turner Coulson Immigration Lawyers, to understand the strategies available to them and the strengths and weaknesses of their own specific circumstances. This will ensure that when the application is lodged it is given the strongest possible chances of success.

For advice and assistance with your visa application, visa refusal / cancellation or other immigration issues

call us on  +61 2 9264 4654 or email sc@tcilawyers.com.au ;info@tcilawyers.com.au

Nowadays, the majority of people who want to immigrate to Australia are doing so as some kind of skilled worker, be it manual or clerical. There are still plenty of tourists coming to the country, and those who are eligible for a Working Holiday Visa, but to stay there for a proper length of time one must make a proper Australian visa application for the correct category, usually supported by funds, documents and an Australian-based sponsor. However, while there are plenty of single applicants, who only need to take care of themselves in this new land and society, it is fair to say that many will also be already married. In this case, it is still possible to bring along your husband or wife on a spouse visa Australia makes available to those who meet the criteria. If you are able to do this, the process is relatively quick and painless, but it is recommended that those doing this for the first time consult professionals, at least for some advice if not to take over the application.

Applying for an Australian spouse visa usually needs to be done at the same time as the sponsored working visa is applied for by the main applicant. However, it is still possible to add one’s spouse during or after the main application. The immigration department of the Australian government will simply check the Australian visa status of the main applicant and try to add the spouse. Contrary to popular belief, they are not monsters. They are real people who follow the rules and offer as much help and advice as they are permitted.

To grant a spouse visa Australia immigration needs to ascertain that both the main applicant and his or her spouse are respectable individuals who will benefit the country and not overstay or attempt to claim refugee status or any benefits which they are not due. Once immigration are confident that all the criteria have been met, they will grant the visa for either the main applicant and spouse to enter the country together or separately at the dozens of Australia immigration points at air and sea ports.

To summarize, applying for and being granted a spouse visa for Australia should not be a daunting task with hurdles and unhelpful or greedy people making it more difficult. It can easily be done with the help of a visa law firm or done by the applicant themselves.

All applicants for an Australian visa should at least take an initial consultation with specialist Australian immigration lawyers, such as Turner Coulson Immigration Lawyers, to understand the strategies available to them and the strengths and weaknesses of their own specific circumstances. This will ensure that when the application is lodged it is given the strongest possible chances of success.

For advice and assistance with your visa application, visa refusal / cancellation or other immigration issues

call us on  +61 2 9264 4654 or email sc@tcilawyers.com.au ;info@tcilawyers.com.au

Despite the economic downturn and rumours of difficulties in getting visas, Australia is still right up there among the most popular countries in the world that people choose to migrate to. Canada and the USA are also hugely popular, but there is something about Australia that makes it special. Young and old people from all over the world aspire to go to live and work or study there, mainly due to its easy-going lifestyle, inexpensive cost of living and warm climate.

However, the main obstacle for those who wish to spend more than a vacation in Australia is the visa. There are dozens of different kinds of visa Australia offer people to apply for, but they have their own different uses and advantages. Other than the common Young Persons’ Working Holiday visa, the 457 visa is one of the next most popular choices. This is because this particular visa offers lengthy stays for skilled people and their families. The visa needs to be applied for by the applicant who needs to be sponsored by their prospective or present employer. Providing that the sponsor and applicant meet the requirements of the visa, it is a rather simple process to follow and can easily lead to the start of new and wonderful life experiences in a large and cosmopolitan country.

It is generally accepted that Australia is a better place to live in than those the many immigrants come from, however, being so far and so different from many people’s homelands can also lead to several problems such as homesickness. Most people want, and choose, to stay as long as possible, but some opt to return home earlier than planned. Australian visa cancellations are not uncommon, nor are they in any way a black mark on one’s travel record or passport. One of the most common reasons is homesickness or some personal difficulties, but another is also disillusionment with one’s employment. As mentioned above, the 457 visa application is made through the sponsorship of a potential employer and the conditions of work in this new country and workplace may be less desirable than the applicant had expected, leading to resignation. For this particular visa subclass the cancellation needs to done correctly and in time. The sponsor or employer cannot cancel the applicant’s visa, but should notify the immigration department after employment ceases. In addition, like most Australian visa cancellations the applicant has 28 days to leave the country or acquire another or different Aus visa allowing them to stay.

Does Australia Owe Me Protection if I am in Australia?

A refugee is a person who is outside of their country of origin and who is not willing to or not able to return because of their  fear of persecution due to their race, religion, nationality, political opinion or membership of a particular social group.

For people who are in Australia and are refugees, Australia is obliged to, under the Refugees Convention, to provide you protection and to ensure you are not returned home, or to any other place, to face persecution for one of the 5 Refugee Convention grounds. 

Therefore, the visa granted to refugees in Australia is called a protection visa - Protection Visa (Class XA)(Subclass 866). Applications for the protection visa subclass 866 are first lodged by paper application with the Australian Department of Immigration and Citizenship which will test the claim to protection stringently. 

A large percentage of subclass 886 protection visas are refused at first instance as the claims for protection are simply not plausible, are often unsupported or unverified or the persecution or harm feared is not linked to one of the 5 convention reasons which are set out above in the first paragraph.

If the application for protection is refused by the Australian Department of Immigration & Citizenship, this decision can be appealed by application to the Refugee Review Tribunal, also known as the RRT. The Refugee Review Tribunal, in the conduct of the appeal, will invite the applicant for protection to a hearing and give the protection visa applicant an opportunity to put their claim for protection by Australia to the RRT again. 

This hearing may be conducted on a limited part of the claim to protection or may be a review of the whole claim and evidence so far provided. The applicant will also have the opportunity to provide further evidence in support of their claim to protection and the Tribunal Member, the person who conducts the hearing of the Refugee Review Tribunal, will test the protection visa applicant’s story, often very rigorously scrutinizing the claims and evidence before it in great detail.

Refugee visa applicants can often find this hearing very confronting and emotionally upsetting having to relive traumatic life events in a formal environment where it appears their stories of hardship, torture and trauma are not believed or accepted by the Tribunal Member.

If the RRT does not accept the applicant’s claim to protection, they will affirm the decision of the Minister of Immigration, the applicant is therefore, not a refugee under Australian law, and the Australian government does not owe them protection. In this event, it may be possible to appeal the refusal of the RRT the Federal Magistrates Court if the RRT has made a ‘jurisdictional error’ of law in its decision making but often the person is left with no option other than to depart Australia.

The onshore protection visa regime should not be confused with offshore processing regime for ‘Irregular Maritime Arrivals’ processing regime, that is those refugees arriving unlawfully by boat who are intercepted and removed to Christmas island. The IMR processing regime is established under different provisions off the Australian Migration Act 1958 (Cth) and is not considered in this article.

If you are a refugee in Australia, fear you will be persecuted if you return home or have had your subclass 866 protection visa application or your appeal to the Refugee Review Tribunal refused, then immediately contact Ray Turner or Stewart Coulson on 9264 4654 or email info@tcilawyers.com.au for a confidential discussion on what options may be open to you in Australia. 

This article should not be taken as legal advice and cannot be relied upon as a complete or accurate representation of the law. It is meant to be indicative only and should be seen as a general informative guide to Australian immigration law principles.

More Work Rights – Less Automatic Student Visa Cancellations

The overseas student sector of Australian education is one of Australia’s largest export sectors, worth AUD 16.4 billion dollars in 2010-11. The benefits this sector provides to Australia are enormous, contributing a large source of income to Australian education institutions and local communities from money spent on accommodation and other living costs by overseas students who have been granted a student visa.

In recognition of the importance of international students to businesses and local communities the Australian government will be implementing the recommendations of the Knight Review (www.immigov.au/students/knight/) to enable Australian Educational institutions to remain competitive in the international market.

The earliest changes will commence on 5 November 2011, under stage 1 of the Knight Review changes. A significant benefit to many international students will be a reduction in the financial requirements that must be established making education in Australia far more accessible for overseas students from higher risk countries such as India, Bangladesh and China, to be granted a student visa.

For internationals students in Australia that graduate in bachelors, masters and PhD courses form Australian universities, the Australian immigration department also plans to create a 4 year post graduation working visa pathway which, should give international students meaningful opportunities to obtain employment and develop Australian permanent residence pathways also.

Plans by the government to enable university graduates in under a student visa access to a post-study work visa that will allow them to remain and work in Australia for up to four years after graduation, More flexible work entitlements are also proposed which will permit to work up to 40 hours per fortnight as opposed to the current 20 hours a week limitation

Another beneficial proposed change is the abolishment of automatic visa cancellation. This represents a significant change in the Australian government’s attitude towards, and treatment of, international students in Australia. As previously commented on, the automatic cancellation process of student visa for international students in Australia is unfair and draconian. This change is expected to be implemented early 2012 and is welcomed.

The Australian newspaper, The Daily Telegraph, recently reported that over 15,000 Australian international student visas were cancelled last year alone and over 3,000 international students in Australia currently face deportation. Many international students are also returning to Australia after holidays abroad only to find out that their student visa was cancelled without notice while out of the country. These students are denied entry to Australia and sent back to their country of origin.

If an international student has their Australian visa cancelled the consequences include potential detention, deportation, loss of work rights, denial of further study in their degree programmes and loss of Australian permanent residence and citizenship pathways.

If your student visa is at risk of cancellation, or you require Australian immigration information or assistance related to your study in Australia please contact either Stewart Coulson or Ray Turner by phoning +61 (0)2 9264 4654 or emailing us at info@tcilawyers.com.au

This article should not be taken as legal advice and cannot be relied upon as a complete or accurate representation of the law. It is meant to be indicative only and should be seen as a general informative guide to the visa application processes.

One of the most hated professions (especially in North America) is that of the lawyer. These guys (and ladies) get a hard time because they’re dedicated, successful and are able to wriggle their way into, or out of, almost anything they like just by using clever words. However, when we want something, like a service that they provide, all of a sudden they are our best friends, and akin to doctors or magicians. Take, for example, someone who would like to immigrate to Australia and needs 457 visas for themselves and/or their families. It is in situations like this when lawyers come into their own.

When helping with any kind of form or red tape connected to immigration Australia , or another popular yet difficult to enter state, lawyers are not fighting good versus bad, or trying to prove a parent shouldn’t get custody of their own child. All they are doing is using their experience, hard-earned knowledge, and expertise to find a way through what appears to be a deliberately confusing system. We use Australia as an example purely because it has become so popular over the past three or four decades and more recently become even harder to go and live in. 

Emigrating to Australia first became popular in the 1960s and 1970s with the ten-pound ticket, which was the country’s attempt to bring in quality people to help support society and the GDP. However, things have turned around somewhat and there are Westerners who go there on an easy-to-get working holiday visa and will then do anything to stay. In addition, there have been lots of immigrants from Asia and Africa, some even claiming asylum or refugee status. The government also had a very socialist attitude for a number of years which only exacerbated the situation.

Nowadays, in the twenty-first century, it is still possible to get into Australia and stay there, although being qualified and able to bring benefits to the country, and not just the immigrant, is necessary. There are hundreds of companies who have vacancies for sponsored jobs in Australia and they can most often take care of the dreaded 457 visas and all the accompanied paperwork. However, the Human Resource departments are not expert enough to get everyone through smoothly. Many of the wiser department heads will call on the services of a lawyer, or even employ one full-time and in-house.

These lawyers should be thoroughly familiar with sponsorship Australia paperwork and even (or especially) the loopholes. In the country’s biggest city, they should also be a regular visitor of the well-known immigration office Sydney has. Any lawyer claiming to be able to get 457 visas or similar granted smoothly and quickly must be able to prove his or her worth with references and a satisfied customer database. Remember, the Australia 457 visa and similar emigration requirements are becoming harder to obtain. Don’t hate lawyers, use them. And get your money’s worth.

For advice and assistance with your visa application, visa refusal / cancellation or other immigration issues call us on +61 2 9264 4654 or email sc@tcilawyers.com.au ;info@tcilawyers.com.au