Immigration Law Expert
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- 482 TEMPORARY SKILL SHORTAGE (TSS)
- EMPLOYER NOMINATION SCHEME (ENS)
- REGIONAL SPONSORED MIGRATION SCHEME (RSMS)
- 407 TRAINING VISA
- PARTNER AND FAMILY MIGRATION
- STUDENT MIGRATION
- GENERAL SKILLED MIGRATION (GSM)
- TEMPORARY WORK VISA 400
- TEMPORARY ACTIVITY VISA 408
- TEMPORARY WORK (INTERNATIONAL RELATIONS) VISA 403
- PROTECTION, REFUGEE & HUMANITARIAN VISAS
- BUSINESS INNOVATION & INVESTMENT MIGRATION
- INTENTION TO CONSIDER CANCELLATION
- CHARACTER & PUBLIC INTEREST ISSUES
- UNLAWFUL, REMOVAL, CANCELLATION, DEPORTATION
- MINISTERIAL INTERVENTION
- ADMINISTRATIVE APPEALS TRIBUNAL (AAT)
- AUSTRALIAN CITIZENSHIP ADVICE & REPRESENTATION
- LABOUR AGREEMENTS
482 TEMPORARY SKILL SHORTAGE (TSS)
The 482 is the most common program for employers to sponsor overseas workers to work in Australia on a temporary basis. Employers can be either an Australian company or overseas company.
The validity period:
- Business sponsorship up to five years.
- Nominated position is 12 months.
- Employee’s visa 2 years (Short -Term) or 4 years (Medium-Term).
William provides advice, assistance and representation in all aspects of the 482 sponsorship in employing non Australian staff. He can assist and advise companies and businesses on the following:
- How to sponsor overseas staff for temporary and permanent migration to Australia;
- How to prepare employment contracts which comply with the Migration Legislation, and relevant workplace legislations;
- The rights and obligations of the company/business when employing non Australian staff;
- The rights and obligations of the company/business in the event that the employment of a non Australian staff member comes to an end;
- Monitoring and investigation of a company/business by the Department of Home Affairs monitoring unit.
Williams Compliance Section
It is vital that employers sponsoring workers under the 482 program are aware of their obligations, are active in maintaining the necessary records and informed about the conditions and validity of the visas that their employees hold.
In the event that your company/business is already employing overseas workers, we can conduct a full, confidential audit in order to assess the status of those currently working under the 482 business sponsored program. We will ensure that your business is fully complying with the sponsorship obligations under the migration laws.
For 482 Sponsorship or compliance issues contact William immediately.
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 foreign employee can be recruited, and may either apply from overseas or inside Australia. It allows employers to 'sponsor' employees for permanent residence (PR). The three stream available are as follows: 1. Temporary Residence Transition Stream, 2. Direct Entry Stream, and 3. Agreement Stream.
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 inside Australia for a permanent residency to work in Australia. The foreign employee can be recruited, and may either apply from overseas or inside Australia. However, they must be outside Australia at the time of grant. The three stream available are as follows: 1. Temporary Residence Transition Stream, 2. Direct Entry Stream, and 3. Agreement Stream.
407 TRAINING VISA
This program has two streams. 1. Occupational Trainee: a high portion of workplace-based training is on the job. 2. Professional Development stream: for professionals, managers or government officials invited to participate in a program in Australia to undertake mainly classroom-based training with an Australian organisation.
PARTNER AND 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.
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.
The following study programmes are available to students wanting to study in Australia:
- English studies
- Primary & High School studies
- Foundation studies
- Bridging courses
- Certificate & Diploma courses
- University Degrees, Masters & PHD
If you received a 'Notice of Intention to Consider Cancellation' contact William immediately.
GENERAL SKILLED MIGRATION (GSM)
This program is available for Skilled Workers and their dependent 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 are highly skills in a particular nominated occupation required in Australia. This category leads to permanent residency, it has a point system, and a sponsorship by a relative, or a state/territory government could assist your matter.
PROTECTION, REFUGEE & HUMANITARIAN VISAS
The Refugee and Humanitarian program aims to provide options for people who are in Australia and wish to apply for protection or asylum. The Refugee visa is also for people who are experiencing persecution in their home country, who are outside that country and in need of resettlement. Under Australian law, a person is a refugee if:
- If they have a nationality: they are outside their country of nationality and, owing to a well-founded fear of persecution, are unable or unwilling to avail themselves of the protection of that country.
- If they do not have a nationality: they are outside the country of their former habitual residence and, owing to a well-founded fear of persecution, are unable or unwilling to return to that country.
INTENTION TO CONSIDER CANCELLATION
The Migration Act 1958 gives the Department of Home Affairs the power to cancel a visa for a number of reasons. It is strongly recommended that you seek professional advice.
William can provide you with the advise needed if you have received a 'Notice of Intention to Consider Cancellation' for the following reasons:
- Breaching a Condition (Section 116);
- Ceasing employment with a Sponsor (Section 116);
- Grounds no longer exist for the person (Section 116) such as the breakdown of a relationship whilst holding a provisional spouse;
- Providing incorrect information (Section 109);
- Business migrants failing to abide by conditions (Section 137);
- Consequential cancellations (Section 140);
- Failing to pass the character test due to a substantial criminal record; an association with a person, group or organisation involved in criminal activity, organised crime; or as a result past and present criminal or general conduct (Section 501);
This should be treated seriously and a failure to appropriately respond to a 'Notice of Intention to Consider Cancellation' can prejudice your position and may result in the cancellation of your visa, leaving you unlawfully in Australia.
If you received a 'Notice of Intention to Consider Cancellation' contact William immediately.
The character test requirement is a set of conditions that is used to decide if you are of a good character. Character concerns such as criminal conduct, a substantial criminal record or involvement in criminal activities etc, may result in a refusal or cancellation and affect your immigration process. As you consider immigration to Australia, you may wish to use the information below to consider:
- The circumstances in which character checks are required
- The procedures for such checks
- When such checks are not required and why that is so
- The avenues of review or appeal of decisions on character requirements
The character test will not be meet if:
- you have a substantial criminal record
- you had or have an association with a person, group or organisation that the Minister for Immigration reasonably suspects of criminal conduct
- your past or present criminal or general conduct shows that you are not of good character
- there is a significant risk that while you are in Australia you would:
- engage in criminal conduct
- harass, molest, intimidate or stalk another person
- vilify a segment of the Australian community
- incite discord in the Australian community or in a part of it
- be a danger to the Australian community or a part of it.
- you have been convicted of escaping from immigration detention, or convicted for an offence that you committed:
- while you were in immigration detention
- during an escape from immigration detention
- after an escape, but before you were taken into immigration detention again.
Contact William for advice on your options and rights.
UNLAWFUL IN AUSTRALIA, REMOVAL, CANCELLATION, DEPORTATION
Unlawful non-citizens have no legal right to be in Australia. Their activities are quite restricted, including their ability to apply for visas. They can even be detained and removed from Australia. After leaving Australia, they may also face restrictions on their ability to return. There are different reasons for those that overstay in Australia.
If you are convicted of an offence and sentenced to imprisonment for twelve months or longer, the Minister may sign a deportation order for been convicted of a crime. The person has a right to appeal the decision ti the Administrative Appeals Tribunal (AAT).
Contact William immediately for advice on your options and rights.
ADMINISTRATIVE APPEALS TRIBUNAL (AAT)
The tribunal provides an independent and final merits review of decisions made by the Department of Home Affairs, to travel to, enter or stay in Australia. The tribunal reviews decisions made by the Department of Home Affairs (e.g. visitor, student, partner, family, business, skilled visas) and with decisions made in respect of protection (refugee) matters. A review can also be made, where a decision by the department of Home Affairs was made based on not meeting the character requirements (criminal conduct) and the decision has been made to refuse, or cancel a visa.
If you received a refusal or cancellation notice contact William immediately.
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 Administrative Appeals Tribunal (AAT). Ministerial intervention can be sought for an initial request for the Minister to intervene and a current appeal of the review tribunal decision has been made through the courts.
Contact William immediately 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 later migrated from all over the world.
Contact William for any other immigration matters or concerns you may have.
William E Diez (Principal)
LLB, BLJS (SCU), GDLP (ANU)
For an Appointment contact William Diez
Level 17, Suite 31, 327 - 329 Pitt Street Sydney, NSW 2000 AUSTRALIA
Telephone: 02 9550 3029
Mobile: 0459 172 522
Outside Australia: +61 2 9550 3029