The Department of Home Affairs would be responsible for all visa applications to Australia.
Australian migration law is a type of administrative law, with sources such as the Migration Act, Regulations, Policies and court decisions. Main categories of visas in Australia would include permanent resident visa (PR), temporary resident visa (TR, such as student visa or worker visa), and bridging visa (BV).
Prudentia Legal has extensive experience in advice and service on migration-related issues and practitioners with almost 20 years’ experience specialising in migration law.
Prudentia Legal advises and provides services on:
Family Migration:
Skill Migration and Visas
TR Visas
Migration Appeals
If you are looking to establish or develop a business in Australia or to invest in Australia, you may be able to obtain a visa to live in and manage your business or investment in Australia on a temporary or permanent basis. Business Migration includes:
Before applying for Government sponsorship or nomination for a business visa, we are able to assess whether the potential applicants’ personal circumstance against the visa options and eligibility criteria of DIBP in order to ensure the success of visa application.
You need to understand that migration policy changes frequently and in general it is becoming more and more difficult to migrate to popular countries such as Australia. If you are interested in move to Australia on the basis of business migration, please come talk to us at earliest possibility in order to ensure your best chance.
From July 2012, a total new skilled migration system has been introduced.
Before this new system, all visa applicants would be assessed whether the criteria of such visa application have been met. And as long as the criteria are met, the DIBP (then was DIAC) is obliged to grant such visa.
The new Skill Select System significantly changed the procedure – the potential visa applicant must lodge a EOI (Expression of Interest) and DIBP will decide whether this applicant is capable to lodge a suitable visa application. If the DIBP agrees with the EOI, an invitation will be issued to the potential visa applicant, and then a valid visa application may be able to made.
It means the whole visa application would be in total control of the government.
Prudentia Legal is able to help to make initial assessment, apply for skill migration, prepare EOI, obtain state government’s nomination, and lodge the visa application.
Family migration is one of most important categories of migration program in Australia. Normally family migration needs a family member who is permanent resident or Australian citizen to provide sponsorship for the visa applicant. Depending upon different relationship between the sponsor and the visa applicant, the visa application visas types would differ，including parents, spouse/partner, child, carer, remaining relative and other family visas.
Each family visa type has its own criteria and Prudentia Legal has helped lots of visa applicants come to Australia under family visa scheme.
As the requirements of general and business skill migration schemes become tougher and tougher, and the number control of the family migration and skill migration, the benefit of the unlimited quoted employer sponsored visa become more and more obvious. Meanwhile, the employer sponsored visa applicants prove their work ability by getting the job and also show their income and self-support, so that it would significantly reduce the pressure on the Australian government to settle the new migrants and also the worries new migrants would apply and obtain the limited social benefits. In addition, according to migration law, the business sponsor must satisfy the requirement to provide training to the local Australians, in order to improve the local Australians’ employment skills and chances. Hence, the Australian government would encourage the employer sponsored visa scheme which could be the best options for lot of visa applicants.
There are three complicated steps for the Employer Sponsored Visa. The first step is for a business to apply to the Department of Immigration and Border Protection (DIBP) to be approved as a business sponsor. If approved, the business may nominate an overseas or onshore employee to work in the skilled occupation that is required by the business. The final step is the applying for the visa applicant who is nominated and if applicable with their dependents and family.
Subclass 457 visa is kind of temporary visa, leading to permanent visa after the subclass 457 visa holder meets certain requirements for a certain period.
There are many different types of visas in Australia for different groups and different needs, some of which may have never been heard or thought of for some people, but may be most suitable one. Based on years of migration law experience and solid migration law knowledge, Prudentia Legal could help you to decide which type of visa most suitable for your special needs. Please come talk to our experienced lawyer to obtain effective migration legal advice.
If you have had a visa application cancelled or refused, regardless of the visa subclass, in most cases you may have appeal rights. Appealing a decision to refuse or cancel a visa can only be made by applicants in Australia at the time the decision was received.
The recent restructure of the Migration Review Tribunal now allows appeals to be heard at the AAT under the Migration and Refugee Division.
As strict time restrictions apply for appeals, it is prudent that you contact Prudentia Legal as soon as you receive the decision.
