457ADVICE & PREPARATION
The most common program for employers to sponsor overseas workers to work in Australia on a temporary basis. Employers can be either Australian or oversea businesses.
The validity period of the:
- Business sponsorship is three years.
- Nominated position is 12 months.
- Employee’s application is between one day and four years.
EMPLOYER NOMINATION SCHEME (ENS)
The Employer Nomination Scheme (ENS) is a commonly-used pathway for 457 visa holders to move onto a permanent visa. The ENS enables employers to sponsor employees to fill vacancies in their business. The employee can be recruited either from overseas, or from people temporarily in Australia. It allows employers to "sponsor" employees for permanent residence (PR).
The offshore ENS is for people who are outside Australia. An applicant who does not hold a qualifying visa can apply for the offshore ENS, and lodge their application in Australia. However, they must be outside Australia at the time of grant.
REGIONAL SPONSORED MIGRATION SCHEME (RSMS)
The Regional Sponsored Migration Scheme (RSMS) allows employers in regional or low population growth areas of Australia, to sponsor people who are from overseas or a temporary resident in Australia for a permanent visa to work in Australia.
People who are currently living and/or working in Australia on a qualifying visa can apply onshore. If the applicant does not hold a qualifying visa, they may still be eligible to apply in Australia if they last held a qualifying visa no more than 28 days prior to lodgment.
The offshore RSMS is for people who are outside Australia. An applicant who does not hold a qualifying visa can apply for the offshore RSMS, and lodge their application in Australia. However, they must be outside Australia at the time of grant.
BUSINESS MIGRATION
Business or skilled business people can apply for this category to establish or manage a new or existing business, to invest in Australia, or to conduct short business visits.
This category is also for business people to visit Australia for business purposes, for example, to attend a conference or training session, to conduct business with an Australia-based organisation, to conduct business negotiations or for an exploratory business visit.
All categories except the Investor Retirement visa offers a pathway to permanent residence (PR). These are known as Business Skills visas, and are for people who have established the required level of business in Australia while holding a provisional visa. A direct permanent residence (PR) visa is also available for high-calibre business people.
So if you have a background in business management or a high level investment activities and are interested in investing in Australia, or starting up a new business in Australia, or purchase an ownership interest in an existing Australian business, you and your family may be eligible for permanent residence (PR) status under Australia's business migration program.
PARTNER & FAMILY MIGRATION
There are a number of migration options for fiancés, partners, children, parents and other family members of Australian citizens, Australian permanent residents, and eligible New Zealand citizens.
Partners and fiancés of Australian citizens, Australian permanent residents, and eligible New Zealand citizens may enter and/or remain permanently in Australia.
Parents may be able to migrate to Australia if they have a child in Australia who is an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen.
This is applicable to Dependent Children, Orphan Relatives or Adopted Children of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
An Aged Dependent Relative, a Remaining Relative, or a Carer of an Australian citizens, Australian permanent residents, or eligible New Zealand citizens may apply for Australian permanent residency.
Immediate family members of people granted any permanent humanitarian visa (including Protection and Resolution of Status visas) in the last five years that where declared at the time of application may be eligible for entry to Australia through the offshore Humanitarian Program.
STUDENT VISAS
The following is available to students wanting to study in Australia:
- English Language programmes
- Primary & High School studies
- Foundation studies
- Bridging courses
- Certificate & Diploma courses
- University Degrees & Masters programmes
- Renew a Student Visa in Australia
If you have received a "Section 20 Notice" please contact William immediately.
GENERAL SKILLED MIGRATION (GSM)
This program is available for Skilled Workers and their dependant family members who wish to immigrate to Australia either as a temporary or permanent residents. This option is for people who are not sponsored by an employer and who have the skills in a particular nominated occupation required in Australia.
This category leads to permanent residency, it has a pass mark and pool mark, and a sponsorship by a relative, or a state/territory government could assist your matter.
MRT, RRT, AAT, APPEALS
The Migration Review Tribunal (MRT) and the Refugee Review Tribunal (RRT) provides an independent and final merits review of decisions made in relation to visas, to travel to, enter or stay in Australia. The MRT reviews decisions made in respect of general visas (e.g. visitor, student, partner, family, business, skilled visas) and the RRT deals with decisions made in respect of protection (refugee) visas.
A review can be made at the Administrative Appeals Tribunal (AAT), where a decision by the Department of Immigration was made based on not meeting the character requirements (criminal conduct) and the decision has been made to refuse, or cancel a visa.
Please contact William about a refusal, cancellation, or to review your matter.
MINISTERIAL INTERVENTION
A ministerial intervention may be applicable if a decision has been made by a 'review tribunal'. This is because the minister’s public interest powers requires a review tribunal decision to have existed before the Minister can intervene. A ‘review tribunal’ means the Refugee Review Tribunal (RRT), the Migration Review Tribunal (MRT) or, in certain circumstances, the Administrative Appeals Tribunal (AAT).
Please contact William for 'ministerial intervention' matters.
AUSTRALIAN CITIZENSHIP ADVICE & APPLICATION
Australian citizenship is an important step in your migration story to the land down under. By becoming an Australian citizen means that you are making an ongoing commitment to and all that this country Australia stands for. It is also the beginning of your formal membership of the Australian community. It is the step that will enable you to say ‘I am Australian’.
Australian citizenship is a privilege that offers enormous rewards. By becoming an Australian citizen, you are joining a unique national community. Australia has been built on the combined contributions of our Indigenous people and those who came later from all over the world.
CONTACT - BY APPOINTMENT ONLY
WILLIAM E DIEZ
BLJS MA
GradDipLaw
GradCertAustImmigLaw
MARN 0958792
PHONE: (02) 9550 3029
MOBILE: 0459 172 522
EMAIL: wed@williamdiez.com.au
SKYPE: williamsmigration
CODE OF CONDUCT: www.mara.gov.au
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