Immigration Law
We pride ourselves on our in-depth understanding of the Australian Immigration Framework. As an Accredited Immigration Lawyer specialist with the Law Institute of Victoria, we are able to guide clients through the entire range of immigration matters, from visa application stage to appealing of visa decisions at the Administrative Appeals Tribunal (previously called the MRT) . Our multi-lingual and culturally diverse team is experienced in assisting clients all over the world, from the Asia Pacific region to Europe and the Americas.
We are driven to deliver our services different from others, our lawyers can provide advice on all facets of Immigration law. Our immigration solutions include, but are not limited to:
Demand is high for skilled and qualified overseas employees in Australia. Whether you are an employee or an employer, there is a range of Temporary and Permanent Employer Sponsor Visas available. These visas allow the applicant to be sponsored by an employer to work in Australia.
The application process can often be very complicated and confusing. However, we are able to advise, plan and assist you through the entire process. Our client base ranges from large multinational companies to small start-ups and our vast experience will ensure that you receive the best advice to suit your needs. We focus on providing a solution based approach as each application is unique.
Some of the Employer Sponsor Visa options include:
457 Visa
The 457 visa is a temporary work visa that allows the applicant to work for up to 4 years in Australia. The employer must firstly obtain a sponsorship status to be able to nominate a position and fulfil various sponsorship obligations. Generally, the application process only takes a couple of months, providing an efficient way to manage a business’s human capital.
186 – Employer Nomination Scheme (Permanent)
The 186 visa is a permanent work visa and once granted, will allow the visa applicant to become an Australian permanent resident. There are two streams to qualify for this visa application (temporary residence transition stream or direct entry stream) and an eligible employer may sponsor an employee through either stream. The application processing time is generally longer than the 457 visa but this visa is permanent once granted. The 186 visa is a very popular permanent visa.
187 – Regional Sponsorship Migration Scheme (Permanent)
The 187 visa is a regional sponsored visa and is available for employment in regional Australia. Similar to the 186 visa, it is a permanent visa and the applicant requires a sponsor (employer). To be eligible for a 187 visa, the application must be approved and supported by a regional certifying body. The processing for this visa is generally fast.
402 – Training and Research Visa
The 402 visa is a short, temporary term visa generally for between 6 to 24 months, which allows an employer to provide structured, workplace-based training to an employee. This is a temporary visa that is suited to employees seeking to obtain further training in their particular field.
There are a variety of business visa options for those who wish to invest, purchase, establish, manage and/or conduct businesses in Australia. These are available on both a short-term and long-term basis, and will provide prospective migrants with the right to live and work in Australia. In most cases, business visas may assist in establishing a pathway to permanent residency.
Tan & Tan’s team of expert lawyers can advise and assist in selecting and obtaining the best business visa to suit your requirements. Many factors will be considered, such as the type of business activity, type of investment and intended length of stay. Contact one of our Immigration Specialists today to determine which business subclass is the most applicable to your needs.
188 Significant Investor Visa (SIV)
The Significant Investor Visa is a specific type of Business Innovation and Investment visa which is targeted at allowing high net-worth individuals to migrate to Australia. Nomination by a State or Territory Government is essential.
We can advise clients on how best to achieve government nomination and approval, as well as the specific requirements that will need to be met. These include the prescribed types of investment and the conditions necessary to subsequently qualify for a permanent residency visa. Our migration lawyers will tailor each application to your specific needs.
888 Significant Investor Visa (SIV)
A permanent visa, this visa can be applied only if you are a holder of a visa 188 SIV and have met certain conditions as stipulated by the Immigration.
The requirements ranges from the level of investments that you have held to the the number of days you have been in Australia.
188/888 Business innovation and investment Visa
This visa is specially designed for people with proven business skills who want to establish and run a business in Australia or for investors who wish to invest in Australia. The 188 visa is a temporary visa for up to 4 years with an option to renew. This is a recognised pathway for a permanent 888 visa upon satisfying certain requirements.
132 Business Talent Visa
The 132 visa allows you to establish or develop a new business in Australia. Designed to promote business in Australia, there are two streams. Below are the general requirements for the specific visas.
Significant Business History
- Ownership of a business with a turnover of at least AUD 3 Million
- Net Assets of at least AUD 1.5 Million
Venture Capital Entrepreneur
- Received funding of at least AUD 1 Million by a member of the Australia Venture Capital Association Limited (AVCAL)
Spouse & Partner
A range of partner visas is available for applicants who wish to migrate to be with their Australian spouse. These include the Prospective Spouse Visa, Temporary Partner Visa and Permanent Partner Visa. Different criteria will apply depending on the particular category. De facto and same sex partners are eligible to apply for this scheme.
Partner Visa Permanent & Temporary
The temporary and permanent partner visa scheme is available to eligible de facto and married couples. There are essential criteria which must be met before this visa will be granted. If applied for in Australia, this visa allows the applicant to work and live in Australia with their partner or spouse.
It is the general practice of the Department of Immigration to firstly grant a two year temporary visa before assessing the permanent stage. However, under certain circumstances you may be eligible to be directly granted a permanent partner visa. Our immigration specialist lawyers will endeavour to obtain the permanent partner visa at first instance.
We specialise in obtaining visas for same-sex couples and applicants who do not have a current visa (expired or cancelled visas). We will specifically tailor a legal submission to accompany your visa application. We understand that each relationship is special in and of itself and our skilled lawyers will help you to assemble your evidence and complete your application.
Prospective spouse
This visa is available for those who are intending to get married in Australia. The sponsor must either be an Australian citizen, Australian Permanent resident or eligible New Zealand citizen. This is a temporary visa that provides you and your partner with a pathway to apply for a spouse or partner visa. The applicant is required to be outside of Australia when applying for this visa.
Parents
The Parents visa scheme allows an eligible person to sponsor their parents to Australia. This visa allows parents to live in Australia permanently with their child and be eligible to receive certain government benefits such as Medicare. In order to apply for this visa, the applicant must pass the “Balance of family test” and your parents are required to be above a certain age. There are two types of parent visas – the Parents Contributory visa and Parents non-contributory visa.
Parents Contributory visa
- Faster processing period
- Higher Applicant fees
Parents non-contributory visa
- Slower processing period
- Lower Applicant fees
Child
A child visa allows an eligible parent to sponsor their child to lice in Australia permanently. Generally the child should be below 18 years of age but there are exceptions. If you are looking to obtain a visa for your child, do not hesitate to contact us as they many options available.
We are proud of the fact that we have had a very high success rate when applying for family scheme visas.
Australia is one of the top destinations for international students to further their studies. Australia provides high-quality education, a balanced lifestyle and many other great benefits. In order to study in Australia, you must have a student visa. There are a number of student visa subclasses for the different sectors of education and with it are a number of evidentiary requirements. These include English proficiency and access to funds, among others. Certain education providers may be eligible for a streamlined visa processing which means that there is a reduced evidentiary requirement for the visa applicant.
- Subclass 570 ELICOS (as a course on its own)
- Subclass 571 Schools (Primary/Secondary schools)
- Subclass 572 Vocational Education and Training
- Subclass 573 Higher Education (Bachelor, Post Graduate, Masters
- Subclass 574 Post Graduate research
- Subclass 575 Non award (includes foundation, bridging or other courses that do not lead to a degree, diploma or other formal award)
The skilled migration visas are targeted at skilled workers wishing to immigrate to Australia. The application is a two stage process where applicants must firstly submit an expression of interest for skilled migration and then be invited to submit a visa application. There are a range of different criteria that must be met, including having an occupation that is on the skilled occupation list and achieving the relevant score on the points test.
As there are a number of skilled migration visas available, our team of lawyers can advise you on the subclass that is best suited to your circumstances and assist you through every step of the application process.
189 – Skilled Independent Permanent Visa
The most popular Skill Migration visa. This is a permanent visa that allows you and your family to live and work anywhere in Australia. This visa does not require a sponsor but there are still a number of application requirements, including having suitable skills and meeting the English language requirements. We can provide you with advice on all of this.
190- Skilled Sponsored Permanent Visa
A permanent visa for skilled workers who are nominated by an Australian state or territory. We can advise you on the basic requirements that must be met for this visa, as well as the employment obligations that come with it. These include staying in the state or territory that nominated you for at least two years.
489- Skilled Regional Sponsored Permanent Visa
The 489 visa is available for skilled workers who are nominated by a state or territory or are sponsored by an eligible relative. The sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen and must be related to you. This visa is valid for four years and if sponsored by a relative, the visa holder must live and work in a designated area. Eligible family members can also be included in the application.
485- Graduate Temporary Visa
The 485 visa is a popular option for applicants looking to gain working experience in Australia whilst accumulating sufficient points for a permanent visa or sponsored visa. While it is relatively cheaper than other visas, the 485 visa may allow you to stay in Australia with work rights for up to 4 years, depending on your qualification.
600 – Visitor
The 600 visa is the standard visa that allows you to come to Australia to visit or for business visitor purposes. It is valid for up to three, six or 12 months. However, depending on your passport, you may be eligible for one of the cheaper visas.
651 – eVisitor Visa
The 651 visa is a free visa which lets you to visit Australia for up to three months at a time within a 12 month period. To be eligible, you must be a passport holder of a certain country and be outside of Australia when you apply.
601 – Electronic Travel Authority Visa
The 601 visa allows you to visit Australia as many times as you want for up to year and stay for up to three months for each visit. You must be a passport holder of a certain country and be outside of Australia when you apply. If you already hold an Australian visa, the 601 visa could affect the conditions on that. We encourage you to seek our expert immigration advice.
Visa refused of cancelled?
A negative decision by the Department of Immigration is often reviewable by a separate body to ensure that all decisions made are fair. If you have received a refusal notification or a decision to cancel a visa, you have limited time to seek a review of the decision. Often the first step is an appeal to the Migration Review Tribunal and if unsuccessful, there are still options to apply to the court or the Minister.
Administrative Appeals Tribunal (AAT) (formerly known as MRT/RRT)
An application to the AAT is based on merits. The AAT member will consider the visa application afresh and has the power to make a more favourable decision or overturn a decision. Going to the AAT should not be a stressful process and AAT appeals are one of our areas of expertise. Our Accredited Immigration Specialists Lawyer has represented and appeared in hundreds of AAT hearings with a very high success rate. Our professional and experienced Immigration Lawyers are able to advise, assist and represent you in a AAT appeal.
Federal Circuit Court
An application to the Federal Circuit Court can only be done where there is an error of law. This is a very complex area and is not based on merits. Any application to this court should have proper legal advice as the cost for applicants can be very high. Our lawyers have extensive experience in appearing and managing cases to the Federal Circuit Court.
Ministerial Intervention
A ministerial intervention is an application made to the Minister of Immigration to have your case reconsidered on discretionary grounds. In order to access this, you must have had an unsuccessful MRT appeal. It is considered on a case by case basis and the Minister will only exercise their discretion in unique and exceptional circumstances. Our lawyers will be able to advise you on your case and help you to assemble the required evidence and submissions for the Minister.
Please feel free to contact us for a consultation, so that we can better assess and service your needs.