Australian Immigration laws are constantly changing and can be very confusing. As a reputed migration agent in Adelaide, we are experts in the field, we remain up to date regarding all developments and changes. When you are a client of FEN LAW, you can best be assured and have peace of mind that you are receiving the most accurate and up-to-date information, advice and assistance for all Australian visa applications.

We at FEN Law, understand that issues surrounding immigration are often stressful and can cause frustration. As your Immigration agent, we are committed to providing not only the best advice and assistance but, also act as your support during the process treating you with the utmost respect and professional care.

We offer a Free Initial Consultation to all our new clients for all matters of immigration, including: Skilled Migration visa, Employer Sponsored Visa, Partner Visa or Visa refusals & cancellations.

We are here to provide you with practical solutions, examine your case and advise you about your best options. Based on your personal circumstances, we take a proactive and holistic approach. Look at each case on its merit and provide you with the best possible visa options and alternatives to increase your chances of success.

This means that communications between a Migration Consultant and client are confidential and protected.

At FEN LAW, we provide advice and assist in compiling your entire application from scratch up until a decision is made. These includes initial advice, application assistance, Forms preparation, collating of documentation, preparation and submission and other correspondence with Immigration department. Once you become a client of FEN Law, our unwavering commitment to you transcends merely a contractual agreement to assist you to get your visa. It is our passion to ensure that all our clients get positive results and outcomes.

At FEN LAW & MIGRATION ASSOCIATES, we specialize in all areas of migration to Australia and offer assistance whether you are in Australia or overseas. Our services include:

• Visa Applications
• Skilled Migration Visas (onshore & offshore)
• Student visas & Occupational Trainee Visas
• Spouse & Partner visas
• Business Migration visas
• Refugee & Humanitarian visas
• citizenship
• Employer Nomination Scheme Visas (including 457 visas)
• Regional Sponsored Migration Scheme Visas
• Other Family visa types (Child, Children, Adoption, Carer and Parent reunification visas).
• Illegal immigrants & Health waivers
• Matters concerning visa refusals, visa cancellation, deportation, Ministerial Intervention.
• Review applications including (Migration Review Tribunal (MRT), Refugee Review Tribunal (RRT), Administrative Appeals Tribunal (AAT).

Skilled Migration Visa

Are you a Skilled Person and/or have qualifications, and want to live and work in Australia?

The skilled migration visas are targeted at skilled workers wishing to immigrate to Australia. The application is a two stage process:

• Skilled Select Scheme-Since 1 July 2012, applications for skilled migration to Australia are made under the Skilled Select Scheme. Under Skilled Select, intending skilled migrants are now required to first submit an online Expression of Interest (EOI) where applicants must first submit an expression of interest (EOI) and then be invited to submit a visa application.

• Points Test. Applicants are also required for many skilled visas, to meet the minimum point of 60 marks.

When applicants submit an EOI and meet the points test, they may then receive an invitation from DIBP to proceed with the visa application process.

If you are a skilled worker, you may apply for the various options of visas available under the skilled migration program. These include the General Skilled Migration (GMS) scheme, and other types of permanent and temporary visas options. Applicants must also have skills and qualifications for an occupation listed on either the Australia’s Consolidated Skilled Occupation Lists (CSOL) and/or the Skilled Occupation Lists (SOL).

To be eligible for a visa in any of the skilled migration program, a combination of many factors are taking into consideration including:

• Obtaining a Positive Skills assessment in your nominated occupation

• Passing a points test

• Sponsorship by a State or Territory government or an eligible family member of an applicant

• English language capabilities (Complete an IELTS English Test)

• Work experience (Australian and overseas)

• Health and Character checks

• Age restrictions (Applicant must be under 50 years of age)

• Australian study and Qualifications.

Skilled migration visa options:

1. General Skilled Migration (GSM)

The GSM visa program is for people who are not sponsored by an employer and have skills in particular occupation required in Australia. Applicants must have an occupation listed on either the Skilled Occupations List (SOL) or Consolidated Skilled Occupation Lists (CSOL). Most GSM visas are points tested. Applicants must meet the minimum point of 60 before they can apply for, or be invited to apply. Skilled applicants must also first submit an EOI through Skill Select. There are two types of GSM visas:

a. (Skilled Independent) (Subclass 189) Visa

The GSM (189) is a skilled independent visa. It is a permanent visa and is for people who are not sponsored by an employer and who have skills in particular occupations required in Australia.

To be eligible to apply for GSM visa, applicants must be over 18 years and under 50 years old at the time of lodgment; send an EOI through Skill Select, have good English language ability; obtain a positive skill assessment and have recent skilled work experience unless, they recently completed an eligible Australian qualification of two years. Both onshore and offshore applicants can submit an EOI. Applicants are required to meet the relevant criteria and required pass mark in the ‘point’s tests’ (obtain a minimum of 60 points). An applicant must be able to demonstrate that they have a qualification and/or skills in an occupation listed on the Skilled Occupation List (SOL).

b. Skilled–Sponsored (Migrant) Visa (Subclass 190)

Under the Skilled Sponsored (Nominated) visa; the Commonwealth and State governments have developed this type of visa to address skill shortages within their States and Territories, attract overseas businesses to establish new or joint ventures in their States or Territories.

This is a permanent work visa that allows skilled workers to apply for permanent residence through state and territory nomination. Applicants must be under 50 years of age and be able to demonstrate that they have a qualification or the skills. The Nominated occupation must be on the applicable Consolidated Sponsored Occupation List (CSOL) and skills assessed by relevant assessing authority. You must first submit an EOI via Skilled Select. You can do this in or outside Australia. You must be invited to apply and have at least competent English.

To be nominated by a State or Territory government, applicants must satisfy specific criteria, as set by the Particular State or Territory. These includes:

• Having an occupation on the skills shortage list in that State/Territory;

• Demonstrate specialized skills in a particular region of that State/ Territory.

2. Skilled Regional (Provisional) Visa (Subclass 489)

This is a provisional work visa that allows skills workers to live and work in specified regional areas in Australia for up to four years with a pathway to permanent residence.

To apply for this visa, you must initially submit an EOI and are invited to apply. The applicant is not required to meet the points based test. You must have been nominated by an Australian State or Territory government agency or sponsored by an eligible relative living in a designated regional area. Your nominated occupation must be on the applicable Skilled Occupation List (SOL) and skills assessed by relevant assessing authority. You must be prepared to live for two years and work for at least twelve months in a specific regional area of Australia. Holders of the 489 visa may be eligible to apply for the Skilled Regional (Residence) (Subclass 889) visa. This is the permanent stage of the 489 visa. To qualify, the visa holder must have lived in the required region in Australia for 2 years and, work full-time for 12 months.

3. Skilled Temporary Graduate Visa (Subclass 485)

If you are studying in Australia and want to stay in Australia after you graduate, you may be eligible to apply for the 485 visa. This visa is not points tested. This Skilled Graduate Visa is a temporary work visa for international students to stay in Australia after the completion of their 2 year study.

There are two streams for the Temporary Graduate Visa:

• Graduate Work Stream, which is valid for 18 months

• Post-study Work Stream which is valid for either two or four years, depending on the qualification completed. Within this stream, your first student visa to Australia was lodged on or after 5 November 2011. You must have completed either a Bachelor’s degree, Master’s degree or Doctorate (PhD).

Applicants must meet other requirements including:

• Must be younger than 50 years of age at time of application;

• You must hold an eligible visa at the time you apply

• You must have met the two-year Australian study requirement in the past six months; this is 2 academic years with at least a total of 92 weeks being the duration of one or more courses.

• Provide evidence that you have at least competent English, which is an IELTS test result with at least 6 in each band.

• You must have acceptable health insurance and meet Australian health and character requirements.

• Each degree, diploma or trade qualification used to meet the study requirement is closely related to your nominated skilled occupation.

• Provide evidence that your nominated occupation is on the Skilled Occupation Lists (SOL) and your skills have been assessed by a relevant assessing authority as suitable for your nominated skilled occupation.

4. Skilled-Recognized Graduate (Subclass 476) Visa.

This is a temporary residence visa that allows recent graduates of selected overseas Universities to gain up to 18 months of skilled work experience in occupations in demand in Australia. This visa is not points tested but, applicants must meet age and English language requirements.

Employer Sponsored Visas

Do you want to be sponsored for a Temporary Work Visa, OR Do you want to be nominated for a Permanent Visa? Consult our expert work visa lawyers in Adelaide.

Australian-based employers (and in some cases, overseas organizations) may be able to sponsor and employ people to work and live in Australia. There are a number of permanent and temporary visas available to lawfully operating Australian and Overseas employers to employ approved skilled workers for vacancies in particular occupations required in Australia. You must have a recognized qualification and skill, or experience in particular occupations in Australia.

We assist corporate clients with employer sponsored visas who are looking to employ skilled workers from overseas. Our work visa consultants & lawyer also assist skilled migrants looking to be employed in Australia on a temporary or permanent basis by their employer.

Need more information and assistance? Call (+618) 8212-3593. We specialise in employer sponsored visas and work visas.

There are three main visas in this category including:

Business (Long Stay) visa-Standard Business Sponsorship (‘SBS’) (Subclass 457).

The 457 visa is a temporary work visa for skilled workers from outside Australia who have been sponsored and nominated by a business to work in Australia. It is a visa for employers (Australian businesses or overseas businesses) who want to sponsor overseas workers to work in nominated skilled positions in Australia. This visa is currently the most common pathway of business sponsorship for overseas workers. It allows the applicant to work for up to 4 years in Australia. Work experience gained in Australia on this visa may lead to permanent residence either through sponsorship by an eligible employer or the skilled migration program.

This visa category has a minimum salary level for employees. Employers can be either Australian businesses or overseas businesses to make an application. The employee can only work for the sponsored employer.

With this type of visa, Australian businesses often sponsor overseas employees if they are skilled workers within their particular industry. Employers must meet specific sponsorship and nomination steps before the prospective employee can apply for a 457 visa. The position to be filled must require skills and/or knowledge and the applicant must be able to show that they have the education and/or work experience to occupy the position.

The application involves a three-step process:

Step 1: Sponsorship

• The employer applies for approval as a “standard business sponsor”. To meet the sponsorship criteria, the employer is required to present documents such as financial statements, Investment in training of its employees, marketing material, company registration, organizational chart and other identifying details about the company/business. The training benchmark that the Australian businesses has to reach is either 1% of payroll in the last 12 months prior to lodging the application or 2% paid to an industry training fund. A business sponsorship if approved,  is valid for three years and the employer can nominate as many employees as it wants to sponsor during this period. Employers can acquire sponsorship accreditation (valid for six years). Sponsors can apply for accreditation provided that the business has an extensive history of good track record dealing with the department of Immigration and meet the requirements.

Step 2: Nomination

• The employer nominates an occupation for a prospective or existing 457 visa holder;

• The position that the company requires the overseas applicant to work in has to be selected from an occupation on a Government Gazette Notice, usually referred to as Consolidated Skilled Occupation List (CSOL).

• Each occupation on the list is coded according to the Australia and NZ Standard Classification of Occupation (ANZCO).

• Provide the name of the person who will work in the nominated position and the location of their work in Australia;

• The employer/sponsor must comply with sponsorship obligations;

• Meet the Temporary Skilled Migration Income Threshold (TSMIT). The Government Gazette notice states the minimum salary payable under this visa category. At present, the minimum salary is $53,900 plus 9.25% superannuation.

Step 3: Visa Applicant

• The visa applicant lodges an application;

• Present evidence that they have sufficient skills acquired through recognized qualifications, training or experience.

• Work in the skilled position;

• Must have IELTS at least 5 points in each of the 4 test components (with some exceptions for those from UK, Ireland; USA; Canada; NZ);

• The applicant may be required to undertake a skills assessment if the nominated position is a trade occupation.

• Satisfy certain health and character requirements.

Employer Nomination Scheme (ENS) (Subclass 186).

The 186 visa is a permanent work visa, once granted the visa holder will be a permanent residence. The ENS visa allows Australian employers to fill highly skilled positions in Australia by sponsoring employees who are foreign nationals on a permanent basis. The employee can be either a highly skilled worker from overseas or a highly skilled temporary resident in Australia. The position to be filled must require skills and/or knowledge and the applicant must be able to show that they have the education and/or work experience to fill the position.

Within the ENS subclass 186 there are three streams:

(1) Temporary Residence Transition (TRT) Stream

Is for subclass 457 visa holders who have worked for two years and the employer intends to offer them a permanent position. Must have at least vocational English and be under 50 years of age unless exempt. There is no requirement to have your skills and qualifications assessed.

(2) Direct Entry Stream

It is for visa applicant who has never, or only briefly worked in the Australian labour market. The visa applicant must be applying directly from outside Australia or, if in Australia, you have held a subclass 457 visa for at least the last two years with the same employer. The applicant will need to provide a skills assessment and have at least three years of relevant work experience, acquired either overseas or in Australia. Applicant must be under 50 years and possess competent English (IELTS) test with a score of 6 in each of the four bands).

• The employer must make sure the business is actively and lawfully operating in Australia;

• The position is full-time and available for two years;

• The nominated occupation is on the Consolidated skilled occupation list (CSOL);

• The employee must be paid the ‘market rate’. That is, at least as much as an Australian employed in the same position in the same location.

(3) Agreement stream

This is for those who were sponsored by an employer through a labour or regional migration agreement.

The ENS visa application process is made up of two important stages:

Stage 1-Nomination by the Employer

o The Australian employer must obtain sponsorship status. This is done by demonstrating that they are actively and lawfully operating in Australia; o Have commitment to training existing employees o The position must be full-time for at least 3 years and be on the gazette list of approved occupations for this category.

Stage 2-Visa Applicant

o Visa application to be lodged once nomination has been approved o Be younger than 50 years of age o Meet English language requirements. (5.0 in each of the four components of IELTS tests. o The occupation must be on the Consolidated Sponsored Occupation List. o Application to be lodged at the same Business Centre of DIBP as the nomination o Meet health and character requirements.

NB There are exemptions relating to age, skills and English language ability. These depends on your nominated occupation, salary and past work experience.

If you do not have an employer who will nominate you, you can lodge an Expression of Interest (EOI) through Skill Select. Employers and State and Territory governments can then view your details and decide whether to nominate you for skilled migration.

Regional Sponsored Migration Scheme (RSMS) (Subclass 187).

The 187 visa is a regional sponsored visa and is available for employment in regional Australia. The RSMS visa allows Australian employers in regional or low population areas of Australia to fill skilled positions or sponsor highly skilled workers either from overseas, or from people temporarily in Australia to fill skilled vacancies on a permanent basis. The state capital cities Perth (WA), Adelaide (SA); Hobart (Tasmania) and Darwin (NT) are classified as regional or low populated growth areas.

To be eligible for this visa, the application must be approved and supported by a regional certifying body. Applicant must have a relevant Australian or overseas qualifications, or relevant experience occupation. Trade occupations will require a Skills Assessment if they do not hold an Australian qualification. Applicants can apply in or outside Australia.

The employer must ensure:

• the business is actively and lawfully operating in Regional Australia;

• The position is full time and available for two years,

• The position has been certified by a Regional Certifying Body, unless the applicant has been employed by the employer in that position for two years under a 457 visa

• The nominated position is classified as being a skill level 1-3 occupation in ANZSCO and does not have to be from a specific immigration occupation list,

• The prospective migrant will be paid the market rate. That is, the nominee will be paid at least as much as an Australian employed in similar position.

The RSMS application is in three stages:

• Stage 1-By Employer

o Nominates the position (s) that they wish to fill o Arrange certification by the Regional Certifying Body o Seeks approval of the nomination from the Department o Recruits the overseas worker(s) to fill the nominated position.

• Stage2-Regional Certifying Bodies (RCB)

o Assists employers to fill vacancies in regional Australia. o Assess whether the position is genuinely vacant and unable to be filled by an Australian employee. o If above requirements are met, certifies the position.

• Stage 3-Employee

o Accepts the offer of employment from the nominating employer o Applies for a visa o Meets the conditions attached to the visa.

Sports and Entertainment Visas (Temporary Work) (Subclasses 401 & 420):

(a). Temporary Work (Long Stay Sports) (Subclass 401 Visa

This Sport stream visa is for applicants who want to come to Australia on a temporary basis to improve the quality of sports in Australia through participation in high-level competitions with Australian citizens or residents. The Sport stream visa allows the holder to:

• Participate in a specific event or series of events as an individual or as part of a team.

• To play, coach or instruct for an Australian sporting team or organization;

• Judge or adjudicate a sporting competition or show. For sports people or coaches wishing to participate in a sport for longer period of time there are other options available such as the 457 program.

Partner Visa Consultants & Lawyers –  Adelaide

Partner/Spouse Visa Experts

Are you in Australia or Overseas and want to bring your ‘Partner’ into Australia?

Partners of Australian citizens, Australian permanent residence or eligible New Zealand citizens may apply to enter and/or remain permanently in Australia with the partner visa.

Partners include (married partners, people intending to get married/engaged, de facto partners, interdependent partners (including those in same sex relationships).

There are a series of documents and information that applicants should provide to Immigration when making these applications. Partner visas include:

Partner Visa (Temporary & Permanent) (Subclass 309/100)

If you are offshore (outside) Australia and have a spouse/partner in Australia who is an Australian citizen, Australian permanent residence or, eligible New Zealand citizen, you may be eligible to apply for this partner visa. After 2 years from applying if your relationship is ongoing and deemed genuine, you may be granted a permanent visa (subclass 100). To be eligible for this visa you must be sponsored by your partner who must be at least 18 years of age, is an Australian citizen or Australian permanent residence or, eligible NZ citizen.

Partner Visa (Temporary & Permanent) (Subclass 820/801)

If both of you are already in Australia (onshore) and are in a de facto relationship or, got married while here and, one of you is an Australian citizen, Australian permanent residence or Eligible New Zealand citizen, you may be eligible to apply for this visa. After two years from applying, if your relationship is ongoing and deemed to be genuine, you may be granted a permanent visa (subclass 801). The onshore applicant is required to hold a valid substantial visa and be in Australia at the time that the visa is granted.

Prospective Marriage Visa (Subclass 300)

If you are oversea and wish to enter Australia to marry your spouse/partner who is an Australian citizen, Australian permanent residence or eligible New Zealand citizen, you may be eligible to apply for the spouse visa (Subclass 300). This is a temporary visa valid for 9 months that enables fiancé(s) of Australian citizens, Australian permanent residents or eligible New Zealand citizens to enter Australia and, as a couple, get married within 9 months of entering Australia. This visa can only be applied for offshore and applicant is required to be outside of Australia at the time that the visa is granted.

After getting married within the specific period, you can then apply for an Australian spouse visa if you wish to remain in Australia permanently with your spouse.

Student Visa

Do you want to study in Australia and/or, Are you studying in Australia and, want to stay after your Graduate?

Australia is often referred to as the ‘Lucky Country” and is a very popular destination for study, as it is internationally recognized as providing high quality education at all levels. Australia has ‘world class’ educational institutions which offer a variety of student visas for different levels of education and qualifications.

The Student visa is processed by the Type of Course you study and the Assessment Level of your country. Seeking advice from a specialists prior to lodging a student visa either in Australia or Overseas is of great assistance, and, can provide significant peace of mind that your choice of course is the right one for you.

At FEN LAW, we provide you with the best advice and guide you as to the type of evidence required, as well as provide independent advice as to whether the course is appropriate. This is very important when applying for student visa, as nearly all student visas have conditions placed on them which do not allow for a student to change educational providers in the first year of course (unless exceptional reasons warrant the change).

The different types of Student visas include:

Subclass 570 (ELICOS) English Language Intensive Courses for Overseas Students

This is a stand-alone English language course that leads to a Certificate 1. II. III or IV with no formal Australian award.

Subclass 571 (Primary/ Secondary School Sector Course)

This visa is for applicants who wish to pursue studies in primary, junior or senior secondary school courses and, approved school exchange programs.

Subclass 572 (Vocational Education and Training) (VET)

This visa applies to those applicants who want to undertake full-time studies leading to Certificate I, II, III, or IV (except ELICOS), VET diploma, VET advanced diploma and Vocational Graduate Certificate.

Subclass 573 (Higher Education Sector)

The 573 visa is for those applicants entering higher education institutions with courses leading to a Bachelor degree, Associate degree, Graduate Certificate, Graduate Diploma.

Subclass 574 (Postgraduate Student visa)

This is a visa for those applicants seeking postgraduate studies whether by research or, both research and coursework. It includes Masters and PhD degrees.

Subclass 575 (Non-Award)

It includes foundation, bridging or other courses that do not lead to a degree, diploma or other formal award. Example: If you plan to complete a three –month non-award foundation studies course before starting a Bachelor of Arts degree, you must apply for the Higher Education Sector visa.

To be eligible for a student visa, you must:

• Be a Genuine Temporary Entrant. The main purpose of your stay in Australia is to receive education

• Be enrolled to study full-time with an education provider registered with the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). An Electronic Confirmation of Enrolment (CoE) has to be provided alongside with your visa application.

• Demonstrate that you have sufficient financial support to pay for your ongoing tuition fees, provide for your living costs and travel return costs.

• You have an Overseas Student Health Cover (OSHC) for yourself and your accompanying family members.

• Demonstrate your English proficiency. Must meet Australian health and character requirements.

All student visas have various conditions attached to them including work limitations and a requirement to maintain an acceptable attendance level and/or results. It is very important that students are aware of these conditions as a breach of a condition can result in visa cancellations.

It is also very important to seek advice immediately if your student visa is a subject of cancellation or you become aware of breaching a condition attached to your student visa.

Family Visas

Do you want to bring your Parents, Relatives & Other family members into Australia?

Australian citizens, Permanent residence and Eligible New Zealand citizens are able to bring their family members to Australia. Visas in this category include (Partner/Spouse visas, Fiancé or Prospective Marriage visas; Parent visas (including Contributory Parent visas); Remaining Relative visas; Child & Other family member visas; Carer visas.

Parent

There are a range of parent visa categories which include:
• Parent visa (Non-Contributory) and Contributory Parent Visa;
• Aged Parent Visa (Non Contributory) and, Contributory Aged Parent. (Including: Aged Parent (Residence, Subclass 804; Contributory Aged Parent (Residence-Subclass 864); Contributory Aged Parent (Temporary-Subclass 884); Contributory Parent (Temporary-Subclass 143); Contributory Parent (Migrant-Subclass 173);
• Parent (Migrant) (Class AX) (Subclass 103).

Parent Visa (Non- Contributory & Contributory) (Subclass 864)

Applicants in the parent and Aged parent, Contributory parent and Contributory Aged Parent visas are required to meet the Balance of Family Test (BFT).

The Balance of Family Test means that all applicants for this visa must have at least half of their children living lawfully & permanently in Australia or, more children living lawfully and permanently in Australia than in any other single overseas country.

Example: If a parent (applicant) has three children and two live permanently in Australia, the applicant will pass the Balance of Family Test. On the other hand, if only one child lives permanently in Australia and two live overseas, the parent (applicant) will fail the test.

An assurance of support must be paid for in relation to all applicants. All applicants must also meet health and character requirements. The processing time for this type of visa is estimated to be over ten years. Parent visas are subject to quotas in relation to the number of visas granted per financial year.

The Contributory Parent visa has a shorter processing time. It is subject to an additional ‘contribution’ which is the second instalment paid to Immigration prior to the visa grant. This 2nd instalment is a significant amount of money.

Aged Parent visa (Contributory & Non Contributory) (Subclass 804)

Contributory Aged parent visa requires that the visa applicant be an aged parent.
The definition of aged parent for men is 65 years or over. For women, the age requirement is between 63.5 and 65 years depending on the year in which the woman was born. This visa also requires to meet the “BFT” test. And all other requirements of the parent visa.
The Non- Contributory Aged Parent visa requires that the visa applicant be an aged parent with the same variations as in the Contributory Aged Parent category.

Child Visas (Subclasses 101 & 802)

The Child visa (802) is for children who are in Australia, sponsored by an eligible parent. It lets an eligible parent sponsor their children to live in Australia permanently. The eligible parent can apply on behalf of a child younger than 18 years of age. The child must be in Australia when the application is lodged and when it is granted.

The 101 is an offshore visa. This is a permanent visa for children from overseas who are natural, adopted or step children of an Australian citizen, Australian permanent residence or, eligible New Zealand citizens. The child must be under 25 years of age, a full-time student and dependent on their sponsored parent.

Orphan Relative Visas (Subclasses 117 & 837)

The Orphaned Relative 837 visa is an onshore visa and, the 117 is an offshore visa. Both visas are for children in Australia or overseas whose parents are deceased, permanently incapacitated, or whose whereabouts are unknown and, who have an eligible sponsor. The Australian relative must be either the child’s brother, sister, grand parent, aunt, uncle, niece or nephew. The child must be under 18 years old, not married.

Dependent Child (Subclass 445) Visa

This is a visa for children whose parents hold a temporary partner visa and is in progress of obtaining a permanent partner visa.

Remaining Relative (Subclasses 115 & 835) Visas

This visa is for people to join their brothers, sisters or parents who are the only near family members. To be eligible for this visa you must have either a brother, sister, parent (or step) who is usually resident in Australia and is settled in Australia and is either an Australian citizen, an Australian Permanent residence or New Zealand citizen.

Aged Dependent Relative (Subclasses 114 & 838) Visas

This is a permanent visa for an aged person who rely on a relative in Australia for all, or most of their living costs. The applicant must have been reliant on the relative in Australia for at least 3 years prior to making the application.

Carer (Subclasses 116 & 836) Visas

This visa is for people needed to care for an Australian relative or a member of their family unit who has a medical condition. A formal medical assessment must first be undertaken by the Australian relative or member of the family unit to determine the level of medical condition and whether assistance is required. Sponsors who are holders of refugee or protection visas may also be able to sponsor partners and children under the split family, refugee visa categories. The relationship must have existed and been declared to immigration at the time of the sponsor’s own refugee application.

Visitor Visas

Do you just want to visit and enjoy the beauty of Australia?

Tourists & Visitor visas

These visas are suitable for people who wish to visit Australia for holiday, sightseeing, social or recreational reasons, to visit family and friends, or for other short-term non-work reasons.

Options

Working Holiday (Subclass 417) Visa

Australia has agreements with some countries (UK, Canada, Belgium; France, Germany, Ireland, Cyprus, Denmark, Estonia, Finland, Hong-Kong, Italy, Japan, Korea, Malta, Netherland, Norway, Sweden, Taiwan) which give a number of its citizens every year the right to come to Australia for holidays and at the same time be able to work legally. This is a visa for people between the ages of 18-30 years old to holiday and work in Australia and to supplement their travel funds through incidental employment from gazette countries.

It allows a holder to work for up to 6 months with the same employer. There are options for extending a working holiday visa if work has been undertaken in the regional areas of Australia.

Work & Holiday (Subclass 462) Visa

This visa is suitable for applicants from certain countries (Bangladesh, Chile, Indonesia, Iran, Malaysia, Thailand, Turkey and the USA).

eVisitor (Subclass 651) Visa

This visa is suitable for passport holders from EU and a number of other European countries, who are outside Australia. This is an electronically stored visa which allows the holder to enter and visit Australia for tourism or business purposes for a period of up to 3 months.

Visitor Visa (Subclass 600) Visa

This temporary visa allows visitors to stay in Australia for up to 3 or 6 or 12 months. Applicants can apply from both onshore and offshore. Some tourists or business visitors are eligible to lodge an online application for an e600 Tourist visa.

Sponsored Family Visitor (Subclass 679) Visa 

This visa closed to new applicants since 23/3/2013. It is a temporary visa suitable for people seeking to visit families living in Australia. It allows the holder to stay in Australia for a period of up to 12months. An applicant for this visa is required to be formally sponsored by an Australian citizen, Australian permanent residence or eligible NZ citizen. Applicants could be eligible to apply for this visa under the Subclass 600 visa.

Business Visitor Visas

The Business visitor visas are suitable for business people who want to visit Australia for business purposes for a period of up to 3 months. They may wish to attend an Australian conference, training season, conduct business with an Australian based organization or for an exploratory business visit. Also available for people to establish, manage or develop a new or existing business or, invest in Australia. The Business visitor visas include (ETA (Business Entrant) (Subclasses 977 &956; Business (Short-Stay) (subclass 456) visa; Sponsored Business Visitor (Short-Stay) (subclass 459) visa.

Event Organizers & Participants Visas/ Special Activities Visas

The Event visa is for people planning events and participating (including participants). Includes conferences, meetings, special events etc. The Special Activities visa is for people to participate in specific professional, cultural or social activities or to receive medical treatment.

 

Business Migration

Do you want to establish a Business or Invest in Australia?

This type of visa is designed to attract applicants to Australia who have the skills to enhance the Australian economy. The aim is to develop links with the international markets; facilitate the creation and maintenance of employment in Australia; increase the export of Australian goods and services etc.

The following people may be eligible for the Business Skill visas:
• Successful business people who own or part own a business or businesses;
• Senior executive or major businesses who can utilize their skills to establish or be involved in a business activity in Australia;
• Successful business people or investors who would prefer to invest substantial sums of money into Government backed funds for fixed period of four years;
• Certain business people who have established successful businesses in Australia and are the holders of qualifying visas.

To be eligible, applicants must submit a detailed business proposal via Skill Select and demonstrate that they have sufficient assets to settle in Australia.

Business Visas categories options include:

Business Innovation and Investment (Provisional) Visa (Subclass 188)

These visas are for business people to establish a business in Australia, manage a new or existing business in Australia or invest in any state or territories of Australia. It is a 4 years provisional visa available to business owners and investors.

There are a number of stages for this visa:

Stage 1. Expression of Interest (EOI). An EOI must be submitted to DIBP, to be invited to make a visa application. You will be requested to provide a myriad of information and documentation. The quality and content of your documentary evidence will determine whether or not you are invited to make a visa application.

Stage 2: This stage is an application for nomination by a State or Territory Government. Your application will be assessed on the basis of the economic benefit to the State/Territory and for the Significant Investor Stream, whether your investment proposal is compliant.

Stage 3: This stage is to lodge a visa application following an invitation by DIBP.

This visa category has three streams:

• The Business Innovative Stream – For applicants who wish to own and manage a new or existing business in Australia. This stream is points tested.

• The Investor Stream – For applicants who wish to make a designated investment in an Australian state or territory and want to maintain business and investment activity in Australia after the original investment has matured. This stream is points tested.

• The Significant Investor (SIV) Stream – For eligible applicants who are willing to invest at least AUD$5 million into complying investments in Australia. The SIV is a specific type of visa which is targeted at allowing high net-worth individuals to migrate to Australia. Nomination by a State or Territory government is essential.

Business Innovation and Investment (Permanent) visa (Subclass 888)

There is a two-step process involved with Business Innovation and Investment visa. The process commence with the grant of a provisional visa (188) which later follows the grant of a permanent visa (888) if the applicant meets the ongoing obligations. The 888 visa are for people who have established the required level of business in Australia while holding a provisional 188 visa.

Business Talent (Permanent) Visa (Subclass 132)

This visa is granted to people with an overall successful business career as the owner of a business or, people with Venture capital funding in Australia. Holder of this visa is allowed to establish a new or develop an existing business in Australia. Note that to apply for this visa, you must be nominated by a State/Territory Government.

This visa has Two Streams:

• Significant Business History Stream-Suitable for high caliber business owners or part-owners who want to do business in Australia.

• Venture Capital Entrepreneur Stream-This visa is for applicants who have sourced venture capital funding from a member of the Australian Venture Capital Association Limited (AVCAL).

Refugees and Humanitarian Visas

Do you have a Well-founded fear of persecution and need a Refugee or Protection Visa?

Australia is a signatory to the 1951 United Nations Convention Relating to Refugees and, the 1967 Protocol on the Status of Refugees.

To be granted a Protection visa you will need to be found to be a refugee as defined by the 1951 UN Convention Relating to Refugees and the 1967 Protocol.

A Refugee according to the 1951 Convention and 1967 Protocol is anyone who:

• Is outside the country of their nationality or habitual residence;
• Is unable to seek or is fearful of seeking protection in that country or is fearful of returning to their country.
• Has a well- founded fear of persecution and the fear of persecution is based on one or more of the following grounds:

o Race
o Religion
o Nationality
o Membership of a particular social group, or,
o Political Opinion and;

• Is unable to seek or is fearful of seeking protection in that country or is fearful of returning to their country.

In Australia, there are nine (9) different types of visas that apply to persons who claim to be refugees and asylum seekers. If an asylum seeker is found to be a refugee, Australia is obliged under International law to offer protection and to ensure that the person is not sent back unwillingly to their country of origin.

Applications can be made either inside or outside of Australia. Those who are in Australia can apply for a Protection visa, subclass 866. Those outside Australia must be registered with the UNHCR and it is for the UN to refer such persons to Australian High Commissions for settlement purposes.

If you are applying for any of these visas, contact FEN Law and Migration Associates for best advice and assistance with your application.