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Immigration – update on Partner Visas

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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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On a Visa and Employed? Know your rights

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On a Visa and Employed? Know your rights Working in a foreign country can be a confusing obstacle course of unscrupulous bosses, unfamiliar law and no fall-back plan. If you are paying tax and earning your living working for Australian employers, your boss might be relying on the idea that you don’t know exactly what you are entitled to. You may be here as a skilled worker or as a backpacker looking for entry-level employment, but no matter your knowledge of your particular area of expertise, you are still in a country with unfamiliar laws. Any visa conditions placed on you aside, when you...

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Sponsorship by Australian Citizens

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Sponsorship by Australian Citizens The Migration Act 1958 (Cth) allows Australian citizens to bring eligible family members or partners to live in Australia, through the family migration stream. Eligible applicants include spouses, a fiancé, de facto partners (including same-sex partners), children, parents and, in some circumstances, other relatives. There is no automatic entitlement for Australian citizens to bring family members into Australia. Sponsorship is fundamental to the family migration stream. A sponsor must satisfy certain eligibility requirements according to the visa type, provide undertakings, and follow the prescribed approval process. Visa applicants and their family members must also meet specific criteria. This article...

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Why you should use an Immigration Lawyer

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Why you should use an Immigration Lawyer Applying for a visa can be a daunting and anxiety-provoking task. Though applying for some visas can be relatively straight forward, such as a holiday visa, other visa applications can be very complicated and require an in-depth knowledge of the specific country’s laws and visa processes. Obtaining professional immigration advice before applying for a visa helps to ensure the most appropriate pathway is chosen, and a decision-ready application is made. This may limit assessment and processing times; key factors that are sometimes the cause of unnecessary anxiety. Save time and money By working with an immigration lawyer,...

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The Northern Territory Has A New Migration Program!

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Skilled and Semi-Skilled Migrants For Labour Shortage. Designated Area Migration Agreement (DAMA) The Designated Area Migration Agreement (DAMA) was created by the Department of Home Affairs to facilitate a flexible approach to hiring migrants in industries experiencing skill and labour shortages. The DAMA program is currently only available in the Northern Territory. Under the DAMA program, employers can sponsor skilled and semi-skilled migrant workers where workers are unable to be sourced within the local market. This program acts as an agreement-based framework with certain employers who apply to sponsor a migrant under the DAMA program. The difference between the DAMA program and other employer-sponsored visa programs (such as the...

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When can you lose your Australian citizenship?

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Australian citizenship gives people the right to remain in and return to Australian territory. It is possible to hold citizenship of two or more countries if the law of those countries so allows. This is known as dual (or multiple) citizenship. Many Australian citizens are not aware that they can lose their Australian citizenship. You can lose your Australian citizenship in the circumstances set out below. Renounce your citizenship voluntarily You can lose Australian citizenship if you take steps to renounce it. You may decide to do this because you are a citizen of another country, or you are entitled to become a citizen of...

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Capital gains tax rules for foreign investors

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Legislative provisions which impose foreign resident capital gains withholding payments in regard to property acquisitions came into effect in July 2016. An updated rate and threshold now applies to contracts entered into after 1 July 2017. From 1 July 2017 the threshold to withhold has been reduced from $2 million to $750,000 and the withholding rate has been increased from 10% to 12.5%. Although these provisions are designed to impose withholding payments liability on foreign residents, they effectively impose important obligations on all purchasers and vendors where the transaction is over the threshold amount. The ATO has said that voluntary compliance with Australia's...

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Long-term residency no bar to deportation

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The Minister for Immigration has the power under s.501 of the Migration Act 1958 to cancel a person’s visa (including a permanent resident visa) if that person fails to satisfy the Minister that they pass the “character test”. In certain circumstances, a person’s visa will be automatically cancelled. Between the 2013-2014 and 2014-2015 financial years, the number of visa cancellations on character grounds increased fivefold. Visa cancellations can have enormously serious consequences. The person affected may be separated from loved ones and friends for a long period of time. They may be held involuntarily at an immigration detention center, removed and effectively excluded...

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Important things to consider when buying a business

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If you are considering buying a business there are many things you need to do from a legal, financial and general business perspective. Getting the right advice from the start is important. The structure of and issues involved in the sale are quite different if you are buying the business assets only, compared with the shares in the company that owns the business. This article highlights some of the key issues to consider. Making sure you follow the right process before signing any documents is a key component of a successful business purchase. The main things to do before signing a contract are: •...

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