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Immigration Lawyers Sydney Blog

Brett Slater Solicitors > Immigration Lawyers Sydney Blog (Page 2)

Subclass 491 Visa – New Regional Visa

Free Information - Subclass 491 Skilled Work Regional (Provisional) Visa   Legislation has not yet been formally introduced for the new subclass 491 visa but is expected to happen after the 16, November 2019. This being said, talk around town about this Regional Visa, has already begun.   Read more… The subclass 491 Visa (Skilled Work Regional (Provisional) will replace the subclass 489 (Skilled Regional (Provisional) visa – first provisional stream and will enable Applicants (eligible skilled workers) and their families to live, work and study in designated regional areas of Australia. Period of Eligibility   The subclass 491 visa has a period of 5-years but after...

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Australian Visa Application Mistakes – Top 5

Australian Visa Application Mistakes - what are they? Australian Visa mistakes can be avoided if an applicant can meet the prescribed eligibility criteria for the relevant subclass and submit a valid and correct Visa application. This should be done in accordance with Australia's immigration laws, policies and procedures. Avoiding any Australian visa application mistakes is extremely crucial. Invalid applications cannot be considered and will be returned by the Department of Home Affairs to the applicant (or representative), even if that person would otherwise meet the required criteria. Submission of incorrect Visa applications can waste thousands in preparation costs, extend wait times by...

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Is your Visa being cancelled? What can you do?

Visa Cancellation - Know What You Can Do Today.   The Department of Home Affairs’ Annual Report 2017-2018 revealed that 57,440 Visas were cancelled during the prior financial year, of which 900 were on character grounds. To be clear, the cancellation of a Visa is a very serious matter. If a Visa is cancelled, a person becomes an 'unlawful non-citizen’ and may be placed into immigration detention. He or she may be forced to leave Australia and prevented from re-entering for a specified period of time, or indefinitely. This can have a devastating effect on the Visa holder and the family and friends...

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Business Innovation and Investment Visa – why using an immigration lawyer makes sense

Business Innovation and Investment Visa - Use An Expert! Business Innovation and Investment Visas are complex areas of Australian Immigration Legislation. It is important to get expert advice. Australia’s immigration legislation provides opportunities for eligible business-minded people to visit or reside in Australia. Different streams under the Business Innovation and Investment (Provisional) Visa (subclass 188) allow Visa holders to live in Australia for up to four years, with potential extensions and permanent residency available for some Visa types, based on eligibility. Overseas entrepreneurs or investors may be interested in the: Business Innovation stream;Investor stream;Significant Investor stream;Premium Investor stream; orEntrepreneur stream. These types of...

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What can you do if your visa application is refused?

Having a visa application refused can be extremely disappointing. After spending considerable time completing forms, gathering documents and having paid the relevant fee - which is generally only refundable in limited circumstances - receiving a visa refusal can be a serious set-back. Visa applications in Australia are processed and considered by the Department of Home Affairs. A decision to issue a visa refusal may be made for a number of reasons including (but not limited to): applying for the wrong visa type (surprisingly common so get legal assistance and good advice); failing to meet the conditions required of a previous or existing visa; failing...

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The meaning of “good character” in your visa application

To be granted temporary or permanent entry to Australia, whether you are the main applicant or an additional applicant on a visa application, you will need to pass the character test set out in the Migration Act 1958 (Cth). The character requirement forms part of the Public Interest Criterion (PIC) conditions which must be fulfilled prior to being granted entry. All visa applicants must demonstrate that they are of good character. The need for good character reflects ongoing national security concerns and aims to protect all citizens and residents of Australia. Applicants who fail the character test may have their visa refused...

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Innovation and Investment visas – Business

The Business Innovation and Investment (Provisional) visa (subclass 188) forms part of the Business Innovation and Investment Program, introduced to attract entrepreneurs and investors to Australia. If you have business skills, sufficient assets, and wish to establish and operate a business in Australia, or are willing to invest in complying investments, you may be eligible for the grant of a visa. This may allow you to live in Australia for up to four years. Additionally, extensions and permanent residency may also be available in some circumstances. The Business Innovation and Investment subclass visa has five streams. However, unlike many other visas allowing...

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What happens if you commit a crime whilst on a visa?

Commit a crime on a visa? Know your rights and what to do.     The Migration Act 1958 (Cth) (the ‘Act’) sanctions the removal of unlawful non-citizens who enter Australia. An unlawful, non-citizen, includes persons who commit a crime or: enters Australia by deception, misrepresentation or without a visa; breaches the conditions of their visa, for example, by overstaying their visit on a temporary visa or working without the appropriate visa type; and does not pass the ‘good character’ test. Persons must be of good character to enter and remain in Australia. Essential to the character test is a person’s past and present...

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Domestic Violence and Visas

Domestic Violence and Visas - Your rights  Domestic violence is not acceptable or tolerated in Australia. If you are living in Australia on a visa and experiencing family and domestic violence you will likely be very concerned, not only about your wellbeing but the future of your residency here. If you are on a temporary partner visa or you married whilst on a prospective marriage visa and you or your dependents have experienced abuse, the family violence provisions provide that the grant of a permanent visa may still be considered, despite the breakdown of your relationship. In other words, you should not be prevented...

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Immigration – update on Partner Visas

Update on Partner Visas and Same-Sex Marriages The Migration Act 1958 (Cth) allows Australian citizens to bring eligible family members to live in Australia through the family migration stream. Eligible applicants include spouses, a fiancé, de facto partners, children, parents and sometimes other relatives. Previously, same-sex partners were generally required to apply under an interdependency visa which had stricter criteria than other partner visa or spousal visas. Australia’s new marriage laws provide that the right for couples to marry is no longer restricted by sex or gender. Same-sex marriages that have been solemnised and are valid in a foreign jurisdiction are now...

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