We are passionate about Australia and have a deep understanding of immigration laws and processes. These laws and policies are constantly evolving, so getting the right advice from the outset is critical to avoid costly mistakes and delays (or worse, rejections) in processing your visa application.
If your partner is not an Australian citizen, you may be able to apply for a partner visa which will allow them to remain in or enter Australia if you can show that you are in a ‘genuine relationship’.
There are a number of subclasses of visas which may apply to your particular relationship, including applications made offshore or in anticipation of marriage (a Prospective Marriage Visa).
If you are seeking to sponsor your parents to live in Australia permanently, or for a short period, you will be required to meet the ‘balance of family test’. This test can be met if:
Again, there are various subclasses of these visas, some of which are vastly expensive. Legal advice should be sought in relation to which visa subclasses are suitable to your situation.
Your employer may intend to sponsor you as an overseas national. It is essential that the correct visa for your stay in Australia matches your qualifications and the work you intend to carry out.
A common form of employer sponsorship is by way of a Temporary Skill Shortage Visa, which was previously known as a 457 visa. The duration of this visa depends on the work you will be completing. Occupations deemed to have a long-term skills shortage may allow a period of up to 4 years, while those with a shorter-term skills shortage may only allow a period of 2 years.
A Temporary Skill Shortage Visa may also require that a labour market test be completed to prove that the occupation you intend to undertake actually requires your labour. This may not be required if you are a citizen of a certain country, so you should seek legal advice in this regard.
Other employer sponsored visas include a training visa, which allows businesses to sponsor you while providing you with training, or a visa via the Employer Nomination Scheme, which is for skilled workers that have already established permanent positions in Australia.
We can assist if you are being sponsored by an employer in Australia or are looking to obtain a Temporary Skill Shortage Visa. We can also assist you if you are an employer looking to sponsor an overseas national.
If your visa application has been refused, you may wish to have the decision reviewed by the Administrative Appeals Tribunal (AAT).
A merits review conducted by the AAT can set aside, vary, or affirm the previous refusal but can only be brought on certain grounds. Legal advice should be obtained to see if your decision can be reviewed.
In certain circumstances, the legality of the AAT’s decision can also be put forward for judicial review. This is only the case if a ‘jurisdictional error’ has occurred in the decision-making process. For example, this may include the AAT not taking into account all necessary considerations in making their decision.
Having a decision reviewed is a difficult process, so it is important to get legal advice to avoid wasting excessive time and money.
There is no other country like Australia – having immigrated in 1987 as a four-year old, our Principal, Jan Domantay is in the best position to discuss with you the wealth of opportunities Australia can offer. Nick Katsis is our resident migration guru who has been a Registered Migration Agent (Migration Agent Registration Number 0746696) for over a decade and is bound by the Code of Conduct for registered migration agents.
