Academic appointments at Universities are highly competitive, and presume a very high level of competence. But if an individual who does obtain such an academic position has an advantage – they can be immediately sponsored for permanent residency.

Foreign Individuals with Academic positions is Australia can be sponsored immediately under the employer Nomination Scheme (ENS) (subclass 186) Visa.
This comprises both a Nomination from the Employer (the University or institution), and the Individual’s Visa Application.

There are two main stream for ENS 186 Visa.

1 – The Temporary Residence Transition (TRT) Stream – This is for individuals who have worked 3 years in an area that is under the Temporary Skills Shortage.
2 – Direst Entry (DE) Stream – This is for individuals who have a skill assessment and 3 years of more relevant work experience.

An Academic Applicant may be exempt from the 3 years experience and skills assessment is they are nominated by an Australian University and are undertaking either lecturer or post- doctoral research positions.

Got a question? Ask our immigration lawyer in Sydney

There are several legal paths to Immigration and permanent residency. Our immigration lawyer in Sydney can show the best path for each individual.

Immigration Lawyer Sydney

Many people try to become Australian Citizens, preferring this to Permanent Residency. We will explain the advantages.

Advantages of Citizenship:

You can stay in the country indefinitely, or travel in and out of the country as you see fit. A permanent resident can stay indefinitely in the country but needs to apply for a resident return Visa every five years for travel.

Citizens have a faster means of passing through airports when returning to Australia. Residents need to queue at airport immigration.

Australian Citizens get a high level of consular support if there is an incident while they travel overseas.

Some jobs, notably in the military, federal police, government, or department of foreign affairs, require citizenship.

Citizens can vote.

Citizens can get visa-free travel to most (not all) countries.

Australian Citizens get education benefits such as reduced fees and student loans.

Citizens will never be deported. Permanent residents might be deported under some circumstances.

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Immigration Lawyer Sydney Who can become an Australian Citizen:

Children born in Australia to a citizen or permanent resident automatically become Australian Citizen.

Children born overseas to an Australian citizen can register for Citizenship. This is regarded as equivalent to a child born in Australia.

Anybody who has been living in Australia as a permanent resident for four years or more can apply for citizenship.

Anybody married to an Australian Citizen or permanent resident can apply for citizenship, though they may need a Partner Visa first. The process may take several years.

Applicants for citizenship will need to:

• Be a permanent resident first
• Pass a citizenship test
• Meet good character requirements.
• Not be absent from the country for more than a year.
• May require an IELTS English test.

Immigration Lawyer Sydney

Immigration laws and citizenship laws are complex and often change. Immigration Lawyers offer the best chance for legal immigration and citizenship.

Immigration Lawyers Sydney

A qualified immigration lawyer gives you the best chance of legal immigration into Australia. The laws and requirements for immigration and Australian Citizenship are complex and constantly changing. It is unrealistic to think that an unqualified individual can understand all these details or find the right legal path for immigration.

Many Immigration lawyers are in this line of legal work because they have a genuine concern for the individuals who want to move to Australia. They could potentially make more money in other areas of law, but they choose immigration because of personal interest, or because they see that it is important.

Immigration deals with a lot of bureaucracy, which is all the more complex in this time of Covid-19. Delays and frustrations are inevitable.

Qualified Immigration Lawyers Sydney

What to look for in an immigration Lawyer:

• Avoid so-called lawyers who approach you in immigration offices or who try to solicit business. These are often unqualified or inexperienced individuals who cannot do a reliable job. Most qualified lawyers already have more work than they can deal with, and do not seek out more customers.
• Use a real lawyer, not a ‘Petition Preparer’ or a ‘Visa Consultant’. Only a qualified lawyer can provide reliable service.
• Never follow unethical or illegal advice. This almost always backfires and will disqualify you from further applications. You may be barred from further applications for 10 years if you lie on an official immigration form.
• Do not believe in unrealistic promises about high success rates or quick results. Immigration can be difficult, and waiting periods of 18 months or more are common. Any decent lawyer will advise you of this.

Immigration Lawyers Sydney

Legal immigration to Australia has several paths, but all are complex and involve delays. Have the matter dealt with by a professional Immigration lawyer.

There are different paths to becoming an Australian Citizen.

The number of applicants for citizenship had increased around 2011, but it decreased again around 2018. The reasons for these changes is not certain, but the proposed increase in English ability to university level (which was never approved) and the additional security checks were probably contributing factors. The fact that permanent residents are granted most of the benefits of citizenship is also a factor. Many individuals are quite happy to be permanent residents in Australia.

Who can become Australian Citizen?

Foreign individuals can become citizens by three main paths.

Permanent resident or New Zealand Resident.

– A person aged 59 or younger can apply for citizenship if they have been a permanent resident for several years, or are presently a citizen of New Zealand.
– The individual must be in Australia when the application is decided.
– The individual must intent to stay in Australia, or maintain a connection to the country when overseas.
– The individual must have no serious criminal record.
– The individual must pass a language (IELTS) test
– The individual must past a citizenship test.
– A child aged 15 years or under who is also a permanent resident or New Zealand citizen may be included with a parent application for free.
– There is a fee of AUD285. This may be reduced in some exceptional cases.

Applicants aged 60 or over.

– A person aged 60 or over can apply for citizenship if they have been a permanent resident for several years, or are presently a citizen of New Zealand.
– The individual must be in Australia when the application is decided.
– The individual must intent to stay in Australia, or maintain a connection to the country when overseas.
– The individual must have no serious criminal record.
– A child aged 15 years or under who is also a permanent resident or New Zealand citizen may be included with a parent application for free.
– There is usually a fee of AUD180. Some concession holders may pay just AUD 20.

There is no citizenship test for individuals 60 or over.

Child of an Australian Citizen.

Individuals born outside of Australia to a Parent who was an Australian citizen at the time of birth. They must fulfil basic character requirement and have no serious criminal record.

There is a fee of AUD230, with each additional sibling costing AUD95, providing all apply at the same time.

Additionally, for a Child 15 years or younger.

Either living with an Australian citizen parent or be a resident with a parent who is a permanent resident.

This has a fee of AUD180.

It may take about 18 months, after application, for approval for citizenship. Children of Australian Citizen usually have a much shorter processing time, perhaps 9 months.

In many cases the child should apply with a parent who also wishes to become a citizen.

Consult with Immigration Lawyers Sydney

Immigration and citizenship laws are complex. An Immigration Lawyer Sydney can find the best path for staying in the country.

It is quite difficult to move to Australia without some skills or relevant professional experience. And the skills that the country needs will change quite quickly.

We need to look at the skills that are presently needed, the age of the applicant, and at the time frame.

Australia generally takes skilled immigrants under the age of 45 for certain skilled positions that are presently needed. If you already have one of those skill sets, and a few years experience in that field, you have a reasonable chance of approval for immigration. But if you try to acquire those skills as a path to immigration you may be caught out. It takes several years to acquire skills and qualifications, and a few years to gain experience. By the time you acquire the skills the relevant position may no longer be open. There is also a chance you may no longer fit the age criteria, as this can also change over the space of a few years.

People over 45 may apply for temporary employer sponsored visas, usually in outback areas. But these are not permanent. You will have to leave the country ad return home when the job is complete, usually after a year or two.

Business practitioners with several millions dollars in capital might be able to move to Australia if they demonstrate the ability and willingness to operate a profitable business in the country. But even this is far from certain. Money alone is not enough.

Australia operates its immigration criteria on a point system. It is very hard to immigrate unless you fulfill enough points to qualify and find a sponsored employer. Even if you qualify there are many other applicants and only a limited number of places.

Ask an immigration lawyers

Legal immigration is complex and the criteria changes over time. An immigration Lawyer knows the best current means for legal immigration.

COVID Restrictions in Australia

Australia presently has restrictions on people entering the country, or moving between some states. There are relatively few flights in or out of the country, and individuals who may travel must be within one of the exempt categories, or obtain individual exemption.

Exempt Categories:

• Australian citizens returning to their country
• A permanent resident of Australia
• Immediate family members of Australian citizens or permanent residents. You will need to provide documentary evidence of your family connection.
• A individual who has spend the last 14 days or more in New Zealand.
• Diplomats accredited to Australia and their immediate family if they hold a 995 Visa.
• Individuals with a Business innovation and Investment Visa (subclass 188).
• Airline and maritime crews.
• Individuals who is transiting the country for 72 hours or less.
• Individuals recruited under the seasonal workers program.

Even individuals within the exempt categories must stay in quarantine for 14 days. A few select flights from New Zealand are the only exception.

Individual Exemptions

Individuals who are seeking exception for other reason may be granted entry if:

• They are assisting with the COVID situation in a medical, scientific or administrative capacity.
• Medical students in their final years.
• They are needed for their critical skills.
• They are on a vessel that requires re-provisioning. They will be limited to the closest port, and only be allowed a brief stay.
• A student completing the final two years of high school, with the relevant government support.
• Travel for compassionate reasons.

Any application for exemption must be made two weeks before travel. But not more than two months. Documentation of the exemption must be show before boarding any flight to Australia.

How Can the 408 Visa Help During Lockdown?

There have been some additions for the 408 Visa during lockdown, effective from the 7th of September 2020.

Immigration Lawyer Sydney on The 408 Visa

The 408 Visa is a Temporary activity Visa. It allows individuals to come to the country on a temporary basis if they are involved with some certain forms of work.

Normally you might be eligible for the 408 Visa if:

– You participate in activities at the invitation of an Australian Organization.
– You participate in an Australian research Project, even as an observer.
– You are a skilled worker in a staff exchange program.
– You are involved in a cultural, community or youth work program.
– You participate in a government endorsed event.
– You work in the entertainment industry.
– You work in Sports training or high end sports events.
– You do full time religious work.
– You do domestic work for certain senior foreign executives.

You must be sponsored/invited by an Australian organization to get this Visa. You must also be skill in the area where you will work.
The length of the stay varies.
– If an organization invites you for an event the stay is up to 3 months.
– Government activities allow a stay of up to 4 years.
– Most other activities limit the stay, up to two years.

Processing time for this Visa ranges from 21 days to 3 months.

The 408 Visa during Corona Virus Lockdown – Immigration Lawyers Sydney

Critical Work Areas
Foreigners who work in a critical sector during Corona Virus restrictions might be able to extend their stay with a 408 Visa.

Critical Sectors at this time include:

– Agriculture
– Food processing
– Health care
– Aged care
– Disability care
– Childcare

Foreigners Stuck in Australia
Individuals presently stuck in the country due to the Lockdown, who find it difficult to return to their home country can also apply for the 408 Visa. This can extend the stay in Australia for up to 6 months, allowing the individuals to arrange passage to their home country.

Immigration Lawyer Sydney

The present Visa situation is complex due to the Corona Virus lockdown. Talk to our lawyers who understand the rapidly changing legal situation.

What should I do if my visa is expiring during this pandemic?

Individuals on temporary Visas in Australia, such as study Visas, face an uncertain future if their Visa is about to expire.

Is is essential to obtain professional advice if you Visa is about to expire while you are sill in the country. We understand that simply returning to your home country is not always an option during Corona Virus Lockdown. But there maybe an option to apply for another Visa to keep you legally in Australia for the short term future.

If the Visa has already expired you must apply for a Bridging Visa (BVE) if you are to legally remain in the country. You need to do this even is you are already making arrangements to leave.

You should apply for the BVE bridging Visa within 28 days of you previous Visa expiring.

If the 28 day period has already expired then you need immediate legal advice from the Status Resolution Service (SRS).

The Department of Home affairs realizes that overseas travel is presently difficult to obtain, and often quite costly. A few options for individuals presently stuck in Australia are presented.

Some subclass 408 Visa (temporary Visa) allow you to either remain in Australia if you are unable to depart, and to transfer your work to critical areas, such as agriculture and aged care, whilst remaining in the country.

You can remain in your present occupation if it is in a critical area, and if the position cannot be filled by an Australian Citizen or permanent resident.

Visa holders are expected to maintain adequate health insurance during their stay in Australia.

Our Immigration Lawyer Can Help

Corona Virus lockdown affects many Visa holders. Talk to an immigration Lawyer about your options, extending your stay, or changing you Visa.

You need to find a good immigration lawyer

It has not been easy to immigrate to Australia in the last few years. About 70% of the individuals initially try either give up or are not accepted.

One disadvantage of initially not being accepted for immigration is the time you must wait before reapplying. During the waiting period the VISA rules may change, a previously approved occupation may no longer be favoured, or you may become to old to apply for some VISAs. So there is more at stake than just time, you may have less chance on a second application.

There is no guaranteed way to enter the country. The country of Australia must want you and your skills. But if you have a useful skill set and reasonable case there are ways to increase your chances.

Many VISA sub-classes close after you reach the age of 45. You either need to apply before this if you are looking at skilled migration. Or you might consider study VISAs or Australian Investor VISAs.
Being the partner of an Australian Citizen or Permanent resident is one method of gaining entry.
A former resident of Australia can often get back in on a resident return VISA. But act quickly.

Any work VISA will require an skills assessment. It is misleading to think that this skills assessment is straightforward. But it is a long and technical process, requiring either thorough knowledge of the written guideline or advice from an immigration lawyer. The Skills assessment authorities give no personal advice, they only direct you to the general written advice.

After a skills assessment you will need to complete an expression of interest. this presents you and your skill to the federal and state/territory governments, where you are assessed against other similar applicants.

A VISA will also require police and medical checks.

Our Immigration Lawyer Can Help

An immigration expert greatly increases the chance of legal entry into the country. And it makes the process less confusing. Take you case to the immigration experts.