Immigration Lawyer Sydney

Australia is Popular for Immigration

While Australia may not be quite the most popular immigration destination it is still rated quite highly. Surveys show that those who immigrated to Australia gave a good report across several aspects of their experience in the country.

  • Australia was rated highly for employment prospects. Many people entered the country on Visas designed to encourage employment, or require the immigrant to already have employment sponsorship.
  • About 62% of those entering the country were happy with the local job market in Australia. The global average is below 50%.
  • Working hours in Australia average 35.9 hours. The global average is about 40 hours. This was felt to be a good work-life balance.
  • Many feel that the Australian business culture supports flexibility, independence, creativity, and innovation. Most employees felt salaries were quite fair.
  • Australian weather and environment were rated highly. This depends on which part of the country we live in, but the majority of the people live on the coast, which was considered pleasant and stable.
  • The country was considered easy to settle into. Local people accommodating and the culture was easy to adapt to.

There were some complaints. The cost of housing and the cost of living were considered higher than expected.

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Australia is popular for immigration. There are several visas available, many encouraging employment. Ask an Immigration Lawyer Sydney

Disclaimer: The information in this article is provided for informational purposes only. It does not constitute legal advice and should not be relied upon as such. No individual should take, or refrain from taking, any action solely based on the material contained in this article. While we aim to offer accurate and timely information, we cannot guarantee its accuracy on the date of receipt or in the future. If you require more information or seek relevant legal advice specific to your circumstances, please contact our office.

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Permanent Residency

Many people who study or work in Australia like the option of becoming Permanent Residents. Individuals on Study Visas, Employer Sponsored Visas, a General Skills visa, or anybody working as a doctor or nurse can usually apply for a Permanent Residency visa, at least after some time in the country.

An Australian Permanent Resident is not a citizen, but actually, a non-citizen who holds a Permanent Visa. This grants them many of the rights and entitlements of actual citizenship.

Permanent Residents (PR) have access to Medicare, and after spending two years in the country they are eligible for Social Security benefits. They can live, work and travel in Australia as they choose. They can hold most Government jobs. If studying they may be eligible for some (not all) education loans.

Children born in Australia to Permanent Residents will automatically acquire full Australian Citizenship. Relatives of the Permanent Resident who are overseas can often be sponsored for an Australian Visa.

A PR Visa is applicable for 5 years. After this time it must be renewed. But it is a simple matter to renew this while remaining in the country. And it is still possible to have a new PR visa granted even if you are overseas when the precious visa expires. PR Visa can be renewed an infinite number of times.

Circumstances When Individuals May Apply For PR?

Overseas students studying in Australia often apply when they graduate. Language (IELTS) and skill assessments will apply.

Individuals can improve their chances of gaining PR if they improve their English language skills (IELTS of 6 is the minimum) and increase their work experience. Increased education (perhaps a more advanced degree) or other qualification increase is also an advantage.

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Are you eligible for Permanent Residency or Australian Citizenship? Our immigration lawyers can advise the best Visa application path.

Disclaimer: The information in this article is provided for informational purposes only. It does not constitute legal advice and should not be relied upon as such. No individual should take, or refrain from taking, any action solely based on the material contained in this article. While we aim to offer accurate and timely information, we cannot guarantee its accuracy on the date of receipt or in the future. If you require more information or seek relevant legal advice specific to your circumstances, please contact our office.

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Is the Training Visa Appropriate?

Among other options, Australia has a training Visa, the 407. This allows a suitable applicant to complete a workplace-based training program (actual hands-on experience) or a professional development program (tertiary study or on-the-job training).

The visa costs $325.oo and allows a 2-year stay in Australia. It requires the individual to be sponsored by an Australian company or invited by a commonwealth government agency.

There are some restrictions:

  • You must only work in the training area applicable to the Visa.
  • You can change employers if the new employer nominates you and offers the same type of work.
  • There is a maximum of 40 hours of work per week.
  • You must have adequate health insurance.
  • You must be able to support yourself financially, either through savings or your paid work.
  • You can leave and enter the country as you require.
  • You must leave on or before the date when the visa expires.
  • If you hold the 407 Visa you generally won’t be able to apply for another Visa, except a protection Visa where applicable.

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In some cases, the 407 Visa was not granted to an applicant because they were already qualified in that particular area of work. The Visa aims to train new people or train partially experienced individuals to a higher level. It is not a means of extending employment.

A few individuals who have worked In Australia under a student Visa found that they were not approved for a 407 while continuing in the same line of work. But these same individuals often had a good chance of approval for a 482 (Temporary Skills Shortage) Visa, which allowed a 2 to 4-year stay.

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We have the best chance of immigration if we apply for the right Visa. Get up-to-date information from Immigration Lawyers in Sydney

Disclaimer: The information in this article is provided for informational purposes only. It does not constitute legal advice and should not be relied upon as such. No individual should take, or refrain from taking, any action solely based on the material contained in this article. While we aim to offer accurate and timely information, we cannot guarantee its accuracy on the date of receipt or in the future. If you require more information or seek relevant legal advice specific to your circumstances, please contact our office.

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Student Visas for Australia

Immigration Lawyers Sydney to apply for Student Visas

There are many people who choose to study in Australia. This can be at any level of education, from primary to university level.

Permanent residents can usually study in Australia without restriction. The children of permanent residents have the same access to education. But other visitors to Australia require a Visa to study at an Australian Institution.

The student Visa is the Subclass 500. The details are as follows:

  • The individual must be over 6 years of age. There is no upper age limit.
  • The individual may stay up to 5 years in Australia, in line with the course of study. After this, they may stay longer with a Graduate Skilled Post Study Work Visa.
  • Normally students can work part-time while they study. This means 20 hours per week (actually 40 hours over two-week intervals). This has been temporarily changed to allow unlimited hours.
  • Members of the immediate family (spouse and dependent children) can accompany the student.
  • Family members may also work for 40 hours for each two-week period.
  • The student and their family may travel to and from Australia as often as required.

The Subclass 500 Visa requires:

  • Enrollment in an eligible Australian Education institute.
  • A genuine intent to study in the country on a temporary basis.
  • Higher education often requires an IELTS language test or equivalent. The required IELTS result varies with the level of study.
  • Be covered by Overseas Student Health Cover for the full length of their stay.
  • Sufficient funds to cover airfares, tuition fees, and other general living costs.

The student Visa is for those who have a genuine desire to study in Australia, and perhaps apply for permanent residency when they have graduated. It is not intended for individuals who are only trying to extend their stay in Australia.

The course of study undertaken should match the applicant’s educational background and employment situation. This will require documentation including a written statement by the individual applicant.

Disclaimer: The information in this article is provided for informational purposes only. It does not constitute legal advice and should not be relied upon as such. No individual should take, or refrain from taking, any action solely based on the material contained in this article. While we aim to offer accurate and timely information, we cannot guarantee its accuracy on the date of receipt or in the future. If you require more information or seek relevant legal advice specific to your circumstances, please contact our office.

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Immigration and Skill Shortage

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Many people who immigrate to Australia were granted a Visa because of their abilities. They had a profession or set of skills needed in the country at the time. This is a good option. If you have the qualifications to work in a profession that Australia presently needs you to have a good chance of obtaining at least a temporary Visa. The chances improve if you are willing to work in regional areas where the shortage of qualified people is greatest.

As of June 2022, there are an estimated 423, 000 job vacancies in Australia.
This is significantly high, almost double the number of vacancies recorded in early 2020. As we might expect from these numbers the unemployment rate is fairly low. In fact, at less than 5.6% it is the lowest it has been in 14 years. So if these jobs are to be filled they will require some skilled immigrants along with qualified locals.

The Skills most presently in demand Include:

  • IT Project Managers
  • Civil Project Engineer
  • Payroll Officers
  • Heavy Diesel Filler/Mechanic, especially in Mining sectors.
  • Software Developers
  • Executive and Personal Assistants, especially in financial and technology.
  • Communication Specialists, especially in Media and marketing.
  • Mine Engineers
  • Boilermakers and Welders
  • Clinical Research, especially in response to Covid-19
  • Forklift and Crane Operators and Truck Drivers
  • High School Physics and Math teachers.

There are a few Visa paths to working in Australia. One is to be sponsored by an Australian employer. Another is to apply for a General Skilled Migration Visa, such as the 189 or 190 Visas. These are permanent Visas. An alternative is the 491, which allows the individual to work for 5 years, and apply for a permanent Visa once they are living and working in the country.

Visas require both qualifications and Experience, supported with documented evidence.

Skill shortages in Australia open the path for Temporary and Permanent Visas. Consult an Immigration Lawyer Sydney for up-to-date advice.

Disclaimer: The information in this article is provided for informational purposes only. It does not constitute legal advice and should not be relied upon as such. No individual should take, or refrain from taking, any action solely based on the material contained in this article. While we aim to offer accurate and timely information, we cannot guarantee its accuracy on the date of receipt or in the future. If you require more information or seek relevant legal advice specific to your circumstances, please contact our office.

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Cost of Immigration

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The cost of migrating to Australia is considerable. There are three main categories to consider, which are unavoidable. There can also be the further cost of an immigration lawyer.

  • The cost of Submitting a Visa
  • The cost of transport to Australia, including personal possessions
  • The cost of settling in Australia

Visa Application Cost

  • The cost of a visa application will include, but not be limited to:
  • Permanent residency Visa Application Charge: $3,670
  • Skills Assessment Application Fee: $300 – $1,050
  • IELTS or PTE (language test) approx $400 (costs vary)
  • Medical Exam: Varies
  • Police Clearance Certificate Fee: approx $20
  • Document Translation and Certification: up to $500

Moving and Transport to Australia

  • Airfares
  • You may need to visit the country for visa validation, and then return to take up residency within 3-5 months.
  • Transporting household contents costs between $5,000 to $10,000 for an average household.

Settling In Australia

An individual would expect to pay $15,000 to $20,000 per year to live in Australia. This means accommodation rent, food, bills, and basic transport.
A family can expect to pay $30,000 to $50,000 per year.

Cost of an Immigration Lawyer Sydney

An immigration agent/lawyer might be needed if you are wanting a certain type of Visa, or if there are difficulties in proving your eligibility. Else, you might need a lawyer if you are bringing in a partner or family member. The cost of the lawyer varies according to the time required for the individual situation.

Many individuals choose to have an initial consultation with an Immigration lawyer, to check that they have a valid claim for a Visa. This is recommended and can prevent wasted time and money. An immigration lawyer can advise an individual against making a Visa application if it has little chance of success. Or they may recommend making changes, or simply waiting for a better opportunity.

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A consultation with an immigration lawyer means expert advice on the best legal means of migration to Australia.

Disclaimer: The information in this article is provided for informational purposes only. It does not constitute legal advice and should not be relied upon as such. No individual should take, or refrain from taking, any action solely based on the material contained in this article. While we aim to offer accurate and timely information, we cannot guarantee its accuracy on the date of receipt or in the future. If you require more information or seek relevant legal advice specific to your circumstances, please contact our office.

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Probable Changes to Immigration

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It seems likely that there will be a significant overhaul to the Australian immigration system. For one thing, the country needs immigrants to fill major gaps in employment. For another thing the new Labour government that came into office last May has a different policy, a different set of representatives, and a different Immigration minister.

The new immigration minister is Andrew Giles. Previously she was an immigration lawyer and has also worked in humanitarian cases. He has shown compassion towards refugees and asylum seekers in the past and represented the infamous Norwegian freighter MV Tampa case in 2001. This strongly suggests a policy to support refugees and increase immigration.

There was virtually no political discussion of immigration leading up to the recent May 2022 election. But the topic is important, due to the greatly reduced immigration during the Covid-19 restrictions. Before the Covid pandemic, Australia’s population growth was largely due to immigration. The lack of population growth over the last three years has meant a lack of economic growth. We need both solid working individuals with useful skills and talented business administrators and entrepreneurs to progress economically.

Two of the areas most in need of workers are healthcare and agriculture. The government has also planned to add 20 000 university places focusing on areas presently suffering a skills shortage. These tertiary sources may be filled by student visa immigrants who then stay in Australia under working Visas.

Compassion, Refugee, Humanitarian, and Temporary Protection Visas look to be increased. Temporary protection Visas look to have a much-improved chance of being granted permanent residency.

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The Covid Situation has greatly impacted Australian migration. Talk to an Immigration Lawyer Sydney side for reliable advice.

Disclaimer: The information in this article is provided for informational purposes only. It does not constitute legal advice and should not be relied upon as such. No individual should take, or refrain from taking, any action solely based on the material contained in this article. While we aim to offer accurate and timely information, we cannot guarantee its accuracy on the date of receipt or in the future. If you require more information or seek relevant legal advice specific to your circumstances, please contact our office.

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Accurate Application Assesment

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Official forms expect both accuracy and honesty. This is especially applicable to immigration and Visa applications. If any information on the application form or accompanying documentation is dishonest or intentionally misleading the consequences are severe.

There is an important distinction between dishonesty and an honest mistake. Dishonesty means deliberately attempting to deceive the officials. This is a serious offense, and will invoke a penalty. Honest mistakes do sometimes occur. If this is set straight as soon as realistically possible, by advising the immigration officials, there should be no penalty, though it may cause a delay.

What qualifies as false information:

  • Not mentioning conviction of any offense, whether a minor legal offense or a serious criminal offense.
  • Identity fraud – pretending to be another person.
  • Fraudulent claims of family connections. This includes claiming adopted parents are biological parents.
  • Altered documents of any kind.
  • Fake documents of any kind, including passport, birth certificate, marriage license
  • Digitally altered photos of any kind.
  • Fraudulent claims about skills, education, qualifications, or experience.
  • Submission of the training certificate from a non-registered organization.
  • Any false claims about custody of children or dependency on relatives.
  • Not mentioning a medical condition.
  • Omitting any relevant information.

When false (or possibly false) information is detected on an application the applicant will be given a chance to explain the situation to the immigration officials. While they will take the severity and the reasons for the deception into account there is a minimal chance that false information will be tolerated.

Applicants are expected to know what information is required. Ignorance of the requirements is not seen as a satisfactory excuse.

Penalties for submitting false or misleading information:

  • Banned for 3 to 10 years from further visa applications if caught.
  • The good character reference will be permanently tarnished.
  • There can be a jail sentence in some cases.
  • Citizenship can be revoked, even if the individual has been in the country for many years.

Honest immigration applications have a far better track record of being accepted. A dishonest application will probably ruin any future chances of a successful application.

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Immigration laws are complex, especially after the Covid lockdown restrictions. Use an Immigration Lawyer in Sydney for the best chance of success.

Disclaimer: The information in this article is provided for informational purposes only. It does not constitute legal advice and should not be relied upon as such. No individual should take, or refrain from taking, any action solely based on the material contained in this article. While we aim to offer accurate and timely information, we cannot guarantee its accuracy on the date of receipt or in the future. If you require more information or seek relevant legal advice specific to your circumstances, please contact our office.

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Increasing Age of Immigration

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An odd and overlooked aspect of the Covid-19 lockdown Era is how the average age of immigrants increased. This is very unusual. In fact, it has never before occurred in the history of the country.

So how does this happen?

Up until 2019, the immigration intake into Australia has kept the average age of people in the country slightly lower. This was simply because the incoming immigrants tended to be slightly younger than average, with at least some Visas setting an age limit of about 44. This abruptly changed from 2018 to 2019.

In 2019 the number of over 65 immigrants entering the country increased from 2 500 to 17 000. The number of immigrants between 60 and 64 increased from around 2 000 to 13 000.

By September 2021 there were 13 000 temporary entrants to Australia applying for Permanent Parent Visas. They held bridging Visas while waiting on the results of their permanent Visa applications. These people can neither work nor access Medicare. This will mean increasing debt for the various state governments as the elderly immigrants use hospitals and other medical services.

There was a Temporary Parent Visa introduced in 2019. This allowed Australian citizens or permanent residents to bring their parents to Australia for up to two years. These often elderly parents were not required to pass health or character tests. However, they were at least permitted to work.

This visa, which had an application fee of $31 980, never proved popular. Less than 3000 individuals obtained the Visa in 2019. Instead, elderly parents immigrate long-term on other (less expensive) visa programs.

The increase in elderly immigrants who cannot contribute to the economy (as their Visas do not allow it) is an issue. This situation might be helped if the goal of the 2019 Permanent Parent Visa was achieved – bringing in older people who can contribute to the economy by working. The problem is this Visa is extremely expensive, and there is no guarantee that the individuals are healthy enough to actually hold a job.

The position of the government parties on this is not clear. It should be an issue in the May Federal election.

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The immigration situation is constantly changing. An immigration lawyer offers the best chance of legal entry.

Disclaimer: The information in this article is provided for informational purposes only. It does not constitute legal advice and should not be relied upon as such. No individual should take, or refrain from taking, any action solely based on the material contained in this article. While we aim to offer accurate and timely information, we cannot guarantee its accuracy on the date of receipt or in the future. If you require more information or seek relevant legal advice specific to your circumstances, please contact our office.

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Planned Immigration Levels Update 2022

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Planned immigration intake for Australia is tied to the Budget. Both of these are announced in May in anticipation of the July 1st to June 30th financial year. Bringing in workers with the required skills benefits the economy. This is one connection between immigration and planning the budget. Another is that the incoming Visa holders will have access to Medicare, public education, and other government benefits. This needs to be included in budget calculations.

Of course, the migration numbers to Australia have greatly reduced during the last 2 years of the Covid-19 pandemic. This is changing now that vaccines have become commonplace. The government is returning the total number of Visas to pre- pandemic levels. There will, however, be some redistribution amid the different Visa categories.

Skilled Visas will now account for 70% of the program. Family Visas will account for the remaining 30%.

Skilled Visas:

Employer-sponsored Visas 30 000
Skilled Independent Visa 16 652
State/Territory Nominated Visa 20 000
Regional Visas 25 000
Business/ Investment 9 500
Global Talent 8 488
Distinguished Talent 300

Family Visas:

Partner: 40 500
Parent 6000
Other Family 500
Special eligibility 100

Child Family Visas are not subject to any restriction. Estimated numbers this year are 3000.

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Immigration intake has changed now that Covid restrictions are relaxed. There are places for skilled workers and some family Visas. Talk to an immigration Lawyer for the best means of legal immigration.

Disclaimer: The information in this article is provided for informational purposes only. It does not constitute legal advice and should not be relied upon as such. No individual should take, or refrain from taking, any action solely based on the material contained in this article. While we aim to offer accurate and timely information, we cannot guarantee its accuracy on the date of receipt or in the future. If you require more information or seek relevant legal advice specific to your circumstances, please contact our office.