Immigration Lawyer Sydney

The criteria for immigration have constantly changed, even more so during and after Covid lockdowns. This seeks to improve Australia’s longer term national interests across a range of economic, social and demographic areas.

Eligible graduate students will have a two-year extension for post-graduate work rights, and they will be able to work up to 48 hours per fortnight. This change will be effective in the next financial year, from 1 July 2023.

Teachers and healthcare workers will receive priority visa processing, as the country needs people with these qualifications. Previously, under Covid restrictions, priority was given to other occupations that were needed at the time.

South Australia has allocated 8,000 places for visas in the 190 (skilled nominated), 191 (skilled regional) and 188 (business innovation) subclasses.

NSW has reduced the work experience and point score requirements for 190 (skilled nominated) visas due to the greater availability of the 189 (skilled independent) visa.

195,000 places have been allocated for permanent skilled migration, an increase from the previously expected 160,000 places.

Covid travel restrictions have been removed, and travellers no longer need to declare Covid-19 vaccination status.

Subclass 457 visa holders no longer have an age limit when applying for temporary residence transition under the 186 visa.

Individual under a Section 48, a previously cancelled visa, can now still apply for a 491, 190 or 494 visa.

Immigration Lawyer Sydney

Hope Immigration is about finding the best legal method for immigration into Australia. The visa categories and rules have recently changed, more than usual, after the removal of Covid restrictions. Individuals who previously were not eligible, or who had a visa cancelled, may now have a reasonably good chance of finding a way to move to Australia.

Immigration Lawyer Sydney – Bridging Visa E

During the COVID-19 Lockdown some foreigners in Australia applied for the Bridging Visa type E. This Bridging Visa allows an individual to legally stay in the country while either making departure arrangements or while waiting on their government decision for a more long-term Visa application. These people preferred bridging Visa E because it has no application fee.

An alternative to the bridging Visa E was the onshore tourist Visa (600). This has an application fee of at least $365, sometimes $1065. Obviously people prefer the Visa with no application fee, but there are some potential disadvantages.

If, having been granted the free bridging Visa E, the individual leaves the country they will trigger an enquiry. This is a section 4014. They must demonstrate a valid reason for leaving. People who have been unlawfully in the country for more than 28 days will suffer the same enquiry, and also need to show a valid reason for their actions/situation.

Problems can occur with future Visa application if there has been a 4014 enquiry. A 3-year ban may be imposed if the Individual did not have an acceptable reason for leaving the country, or an acceptable reason for unlawfully staying for more than 28 days. This makes acceptance of future Visa applications unlikely, or will at least result in much longer processing times.

Preferred Visa Option – Immigration Lawyer Sydney

A Subclass 408 Temporary Activity Visa (Australian Government Endorsed Events – COVID-19 Stream) is an alternative for individuals who cannot leave Australia during the COVID-19 pandemic. It also has a zero-application fee. This Visa may be refused, but this refusal will not have any impact when for future Visa application.

An Onshore tourist Visa or a Subclass 408 Temporary Activity Visa will not entail the potential risks that a Bridging Visa E may cause for future Visa applications.

Please ensure that all Visa application information is completely honest and as accurate as possible. Mistakes or dishonesty badly affect the possibility of success on future Visa applications.

Immigration Lawyer Sydney

Bridging Visas and alternatives can affect acceptance on future Visa applications. Talk to our Immigration Lawyer Sydney for advice.

Individuals with useful skills can apply for and often be granted a skilled Visa to live and work in Australia. This type of Visa was designed to fill skill shortages in Australia; individuals will need to have an employment skill that is presently in demand in the country. They will also need to show that they have a reasonable combination of language ability, qualifications, and education.

Benefits of an Australian Skilled Visa, depending on the Visa subcategory.

• Stay in Australia long term, perhaps permanently.
• Work, study and live anywhere in the country.
• Full use of the Health Care system.
• Sponsor relatives for permanent residence.
• In some cases, apply for Australian Citizenship.

Some different types of immigration Visas include.

189 Visa – Points tested, not sponsored by an Australian employer or government.
190 Visa – Points tested Visa, sponsored by an Australian State of Territory.
491 Visa – family sponsored for specified regional work for up to 5 years.
Employer Sponsored Visa – Live and work in Australia for a nominating employer.
New Zealand – Have worked in in Australia an NZ citizen can apply for Permanent residency, and aft er I year citizenship.

To apply for a skilled immigration Visa the individual must have an occupation on the skill shortage list, must have relevant skills and qualifications, and must satisfy the General Skilled Migration test.
test.

Individuals should check the site on the Home Affairs page to see if they have an skill that is present needed:

https://immi.homeaffairs.gov.au/visas/working-in-australia/skill-occupation-list

The General Skilled Migration test requires a score of 65 or better. Points are given for:

• Age, the optimal age being 25 – 40 years old (up to 30 points)
• English ability (up to 20 points)
• Work experience in or out of Australia (up to 20 points)
• Australian Education, university level (5 points)
• Education Bachelor to Doctorate (15 to 20 points)
• A partner’s skill will also be taken into account (up to 10 points)

Individuals may apply for an immigration visa from inside the country or from overseas. If already inside the country, they must hold a bridging visa. It is not possible to apply for the visa whilst in Immigration clearance.

Immigration Lawyer Sydney

There are several paths to Australian immigration. Qualified individuals can be granted a skilled immigration visa.

The department of Immigration might cancel your Visa. In some cases, you will be informed beforehand of the impending cancellation, which allows some time to lodge an appeal. In other cases, the department of immigration will inform you that the Visa has already been cancelled. Cancelled visas can may be appealed under some circumstances.

Reasons for Visa Cancellation

• False or misleading information or bogus documents on the visa application (section 109)
• Failure to meet the character test.
• Visa Holder has been put in jail.
• Cancellation of a Business Visa if the individual is not applying their skills.
• Emergency cancellation on Security Grounds
• Cancellation of Regional migration Visa type. This includes family members on the Visa.

This list is far from exhaustive.

What To Consider Before a Visa is Cancelled.

• On what grounds was the Visa cancelled? Is this appropriate?
• Did the department of immigration use the correct power to make the cancellation?
• Has the department followed the correct procedure?
• Is the cancellation power, mandatory or discretionary? This might be challenged.
• Is there a time limit to respond? Can this time be extended?
• What relevant information does the department of immigration possess?

What To Consider If the Visa has already been Cancelled.

• What are the consequences of the cancellation?
• Can you appeal the decision. Are there time limits?
• Are you barred from applying for another visa.
• If you are barred, does the three-year exclusion period apply?
• What happens to your family members.

What To Do

• Prepare all evidence to support your case
• Find out if the department of immigration followed correct procedure.
• Has the immigration department made a mistake?
• Does the Immigration case officer have the necessary powers to consider cancellation
• Consult the immigration lawyer

Immigration Lawyer Sydney

Visa and immigration law is complex and subject to change. Consult an immigration lawyer for the best chance of success.

Protection Visa – Immigration Lawyer Sydney

There are two types of protection Visa.

• Permanent Protection Visa – subclass 866
• Temporary Protection Visa – subclass 785

Permanent Visa subclass 866

The permanent protection Visa is for foreign individuals who arrive in Australia on a valid visa and need to seek asylum.
This permanent visa allows the holder to live and work in Australia as a permanent resident, with access to Medicare Heath care and Centrelink services.

To be eligible for the Permanent Visa:

• You arrived in Australia on a valid visa, not through any illegal travel.
• You are appealing to Australia for protection and to meet the obligations.
• You have evidence of being a refugee.
• You meet health and character requirements.
• You have not been barricaded from lodging a Visa application.
• The minister is satisfied that granting your Visa works in the national interest.

A spouse and children (and sometimes other dependant relatives) may be included in the Protection Visa application.

The successful applicant may:

• Live permanently in Australia, and work or study.
• Make use of Medicare and Centrelink
• Sponsor family members and some relatives.
• Attended Free English classes, under some circumstances.
• Travel in and out of the country for 5 years
• In some cases apply for Australian citizenship

If this Visa is refused or cancelled the individual becomes an unlawful non-citizen, and will be placed in immigration detention. From here they may apply and perhaps be granted protection or removal pending Visa in the future, or they may be deported.

The cost of this Visa (866) is $40 Australian.

Temporary Visa subclass 785

The temporary Protection Visa maybe granted to those who arrive in Australia without a Visa.

This allows a foreign individual to stay in Australia for a limited prespecified period of time, with a maximum of three years. Often the specified period is shorter. During this time they may work or study and access Centerlink and Medicare, though this access may have restrictions.

Individuals on a Temporary Protection Visa may not return to their country of origin, and can only travel to other countries if granted written permission by the Home affairs Office. They cannot sponsor other individuals for Visas.

The cost of this Temporary Protection Visa (785) is $40 Australian

If the temporary Visa is due to expire the individual may apply for another Temporary Protection Visa (785) or in some rare cases a Safe Haven Visa (790). They are not permitted to apply for any other type of Visa.

In the rare event that an individual has been granted a Safe Haven Visa they may latter apply for some other types of Visa when this Safe Haven Visa is due to expire.

Immigration Lawyer Sydney

Permanent or Temporary Protection Visas allow individuals to stay in Australia, but may limit other Visa options in the future.

Student Visas and Work – Immigration Lawyer Sydney

Immigrants on Student Visas will now be allowed to work a greater number of hours. This is to help with the workplace shortages.

These extended work hours are a temporary measure, planned to extend to the end of June 2023. Individuals on a study Visa will now be permitted to work for more than 40 hours per fortnight in any area where they are suitable qualified. They may also work during the waiting period before their course of study commences.

This temporary removal of the previous 40-hour cap is not meant to compromise study commitments. Students must be responsible and maintain the course enrolment, attendance and achieve satisfactory progress.

Any student visa holder who cancels their study will be seen as in breach of their visa conditions.

Employers and Students – Immigration Lawyer Sydney

While foreign students on study visas may now work longer hours the work conditions are otherwise unaffected. International students and overseas workers have the same rights as local employees.

Under a student Visa you may:

• Enrol and participate in an eligible course of study
• Stay up to 5 years, according to the length of your course.
• Bring family members to Australia while you are studying.
• Work to support yourself (the 40 hour per fortnight cap applies after June 2023).
• You must hold Overseas student Health cover.
• Those under 18 years of age must have a welfare arrangement.
• The minimum age for a student visa is 6

Immigration Lawyer Sydney

With the lifting of Covid restriction the economy and immigration rules have changed. Talk to us about the new immigration situation.

Immigration Lawyer Sydney

The Australian Government has a series of formal agreements with various states, regions, and territories to provide access to more overseas workers. This goes beyond the standard skill migration program both in flexibility of employment and the number of people brought into the country. The idea is to find qualified/skilled people from overseas and bring them into positions where they are needed. The obvious advantages are twofold: Australia fills the jobs where we are short staffed; overseas people will have an opportunity to work in the country doing a job they are qualified for.

The limit to these agreements is that while paid employment is provided for eligible applicants, those individuals will be required to live and work in a specified area. These are often outback country areas, but some smaller cities are also in the program. This is simply because these specific areas are where the work is needed the most.

The Designated Area Migration Agreement is generally in effect for 5 years. And it will use the either the subclass 482 Temporary Skills shortage Visa, 492 Skilled Employer Sponsored Regional Visa or the 186 Employer Nominated Scheme Visa Program.

There are about a dozen areas in the program. This may vary as different job are required, or if different areas find themselves understaffed.

• Adelaide City Technology, SA
• South Australia Regional, SA
• Pilbara, WA
• East Kimberley, WA
• Pilbara, WA
• South West, WA
• The Goldfields, WA
• Townsville, QLD
• Far North Queensland, QLD (Cairns)
• Goulburn Valley, VIC
• Great South Coast, VIC
• Northern Territory, NT
• Orana, NSW
• Townsville, QLD

Employers in the above areas must be apply for and be granted endorsement from the Designated Area Representative before nominating skilled and semi-skilled overseas workers. Employers should offer positions to Citizens and permanent residents of Australia before seeking overseas workers.

Individuals interested in migration should consult an Immigration Lawyer Sydney about this Designated Area Visa program, or one of the other immigration possibilites. This can also be a pathway to permanent residency.

Immigration Lawyer Sydney

Immigration is subject to complex, changing laws. There are presently positions for qualified individuals in regions areas.

IELTS Language – Immigration Lawyer Sydney

IELTS (International English Language Testing System) is a test to measure an individual’s ability with English language. A migrant has to achieve a certain level of competency, as measured by the IELTS, to be eligible for study or work in Australia. Even if a migrant does not work or study the IELTS test can still be important, as it counts towards the point they need for immigration.

There are two main variations of the IELTS test, general and academic. Those who want a student VISA should look at the academic test.

The IELTS test has 4 sections. Candidates must perform reasonably well on all sections. A high result in one section will only be of limited benefit, and not really compensate for a poor performance in other sections.

The sections are:

• Speaking – Answering oral questions, including the reasons for taking IELTS, and responding to an interview. Approx. 15 minutes.
• Listening – required to answer questions to show their level of comprehension. The questions are set first, so the candidate knows what to listen for.
• Writing – A one hour test with two sections. Answers must be complete (structured and ending with a conclusion) and exceed a minimum word count of 150 and 250 words.
• Reading – Answer 40 questions from a text of over 2000 words. Approx. 1 hour.

A large portion of the test is handwritten. It is quite possible for poor handwriting to compromise the result of the IELTs test.

Different areas of study in Australian Universities require different IELTS results. This depends on the both the institution and the area of study. Often an individual will be eligible for some areas of study with an IELTS of 6.5 minimum more in all 4 sections. Some universities require 7.0 or more averaged over all 4 sections. More advanced areas of study, or areas more focused on English language, may require higher scores.

The minimum IELTS result for academic study in an area and the minimum IELTS result for practicing in that same area may be different. You may need a result of 6.5 to study dentistry, and later need a result of 7.0 to be a practicing dentist.

Some alternatives to the IELTS test are:

• TOEFL (Test of English As a Foreign Language)
• The DET (Duolingo English Test)
• PTE (Pearson Test of English)

Some of these tests are computer based rather than handwritten. Individuals with good typing skills might perform better on these computer-based tests, some or which can be performed at home with online internet/skype monitoring. Otherwise, IELTS is considered slightly easier than TOEFL.

The IELTS test will cost about AUD$400.oo, as of 2022. Other tests are similar in cost.

Immigration Lawyer Sydney

Immigration for work or study will usually require proof of language skill. Talk to us about legal Visa advice.

Budget and Immigration Lawyer Sydney

As we might expect, a new Federal budget means some changes to immigration. The fact that the previous immigration policies were orientated around COVID lockdown, which has now been relaxed, also leads us to expect changes.

Immigration policies over the past few years have been restricting, as nobody wanted to spread the pandemic further by moving people around. Concurrent with this were policies that encouraged immigration for medical staff who might fight the pandemic, and skilled workers who could fill positions left short-handed by the pandemic’s effect on the economy. These were valid policies at the time, but that time has changed.

2022 Budget Changes and Immigration Lawyer Sydney

Over the next 4 years there will be an extra $576 million dollars provided to the department of Home affairs. This goes towards Visa processing (including offshore processing) and supporting refugees. This increase has to be seen in light of the $875 reduction made last March under the Previous (Morrison) government. The total amount going to the Department of Home affairs is presently still lower than the amount received in recent years.

There will be an increase in the number of visas for parent/family and skilled workers. In both cases the amount will nearly double. The number of Parent Visas will increase from 4500 (last financial year) to 8500 (this financial year). Worker Visas will increase from 79,600 to 142,400 places.

Some Visa quotas, or lack or, will remain unchanged. Partner and child Visas will have no set quota, being based on demand and eligibility. Humanitarian Visa remain at 13,750 places, though there will be an addition 16,500 places for Afghan refugees.

Tax revenue from those coming in through this expanded immigration program is expected to increase by $935,000. About half of this amount will be needed to increase services for these same people, with extra school places and language programs.

General Immigration Lawyer Sydney

All areas of the law are complex. Immigration law is both complex and constantly changing. There were many changes made during the height of the Covid Pandemic, and further changes made to help recovery after the pandemic started to subside. This means it is essential to get up-to-date advice from a lawyer.

Visas and Immigration Lawyer Sydney

There are various visas, each with different purposes and application criteria. A study Visa requires the individual to have been accepted and enrolled with an Australian school or university. Similarly, a work Visa requires the individual to be employed, perhaps being sponsored by an employer, perhaps entering Australia because of an in demand skill.

Visas with specific criteria expect the individual to continue to fulfil those criteria. If the individual loses their job or ceases to be a student, then they will probably lose their Visa, and may face deportation.

Some of the present Visas include:

• Visitor or Tourism Visa
• Study Visa
• Employer nominated Work Visa
• Skilled Employer Sponsorship
• Skilled independent Visa
• Medical Treatment Visa
• Business Investment and Business owner Visas
• Permanent Residency Visa’s
• Stay Longer in Australia Visa’s
• Refugee and Humanitarian Visa’s
• Join Partner or Family Visa
• Aged Parent Visa
• Adoption Visa

Services – Immigration Lawyer Sydney

An immigration lawyer should be registered. This ensures that they are up-to-date with changing immigration laws.

Our Immigration Lawyers will:

• Help to prepare the Application for a Visa
• Advise about the application.
• Advice and help prepare the relevant documents for the Visa.
• Advise the Sponsor (perhaps the employer) of the applicant.
• Prepare for a court appearance, merits tribunal or appeal tribune hearing. Representing somebody at these proceedings.
• Help to prepare a request to a minister to exercise certain powers in some visa application.

The immigration Lawyers cannot speed up the application process, and they cannot guarantee or influence the outcome. But they can advise the best possible means of application, giving the best chance of a favourable outcome.