Month: February 2017

Why Should You Use An Immigration Lawyer?

Anyone who has applied for even a simple visa to a country like Australia or the USA will know what a hassle it can be. With endless paperwork to fill out, difficult documents to obtain, and a feeling that you never quite have it right, it is not surprising that people don’t enjoy visa applications. If you think a simple visa is hard, then think about how difficult it is going to be to apply for an immigration visa. Employing the services of an immigration lawyer can be extremely useful as they will allow you to rest easy in the knowledge that your application is complete and done correctly. This will maximise your chance of having your visa approved and of being able to immigrate. Some reasons that you should use the services of an immigration lawyer include:

They know the process inside out:

Any good quality immigration lawyer would have been through the visa application process countless times. They will know exactly what is required, what you have to do, and what paperwork you need to provide to support your visa application. This will save you countless hours of worry, and will make your life so much easier during the sometimes stressful process of trying to immigrate.

They are respected professionals:

When the immigration department looks at your visa application, they will immediately recognise that it has been compiled by an immigration lawyer. This will instantly improve your standing in their eyes, and will immensely boost your chances of having your application approved.

They will take care of the entire process, including any problems:

An immigration lawyer will take care of any issues that may arise during the visa application process without you having to worry. During the application process there will be questions thrown back and forwards between you and the immigration department, requests for additional documents or evidence supporting your application, and many other queries that need to be dealt with. An immigration lawyer will deal with all of these quickly and professionally! This means that you really have nothing to worry about once you have lodged your application.

They can simplify the complexities of immigration law:

Since immigration law is so complex, it can often be extremely hard for the average person to understand exactly what they need to do. An immigration lawyer will simplify this for you, answering any questions that you may have while ensuring that you are left feeling comfortable and understanding the entire process.

 

The Importance Of Using A High-Quality Lawyer

While many people – especially those who don’t earn a big salary or who feel they can’t afford a big bill – use the cheapest lawyer they can get, this can actually be counterproductive and a stupid thing to do. The point of getting a lawyer is to win your case in court, receive compensation from an employer or insurance company, or resolve some other legal matter. It is logical that a higher quality lawyer will do a better job than a cheap, under skilled one. Some of the main reasons that you should always spend a little more to ensure that you have a good lawyer include:

They will be very good at negotiating:

A good lawyer ALWAYS knows how to negotiate deals, reduce penalties, and manipulate the other side to benefit you. They do this by making the other party feel satisfied and think that they have done well, even though you have clearly won the case. Not only will a lawyer who is good at negotiating give you a better outcome, they will also end up costing less in the long run. Even though they may cost more per hour, they will be able to resolve a case much quicker, and will therefore cost you less in total.

They will have experience relevant to your case:

It is important to hire an experienced lawyer who has experience in the field you need them for. It would be silly to hire a lawyer who didn’t specialise in anything, because they obviously wouldn’t be as good as the one who specialises in the area you want.

A good lawyer is always available and will be happy to help:

One of the best qualities of a good lawyer is their willingness to help you when you need help. Maybe you need advice at a strange time of the day or urgently. In this case, a high-quality lawyer should be happy to help. They should be willing to go out of their way to ensure that you have a good experience – something a cheaper one may not do.

They will be organised and very good at presenting:

This speaks for itself. Having a lawyer who is organised will save both them and you time, will help your case, and will make things run much smoother. It is simply not worth employing a sub-par lawyer just because they charge less. If you are really serious about resolving your problem quickly and easily, then you need to spend a little more and engage the services of a real pro.

Understanding Law: What Does Family Law Cover?

Family legal disputes are some of the hardest to resolve as all people involved are extremely stressed and emotional. Therefore, the assistance of a qualified lawyer in these matters is extremely important. When you face any problem relating to this branch of law, you should seek professional representation right away as the majority of these issues can be resolved through mediation. However, to understand when exactly an attorney can help, you need to know what family law covers exactly.

In simple terms, family law consists of several pieces of legislation that regulate family relationships. This includes but isn’t limited to:

  • De facto relationships
  • Marriage contracts
  • Child custody
  • Consent orders
  • Domestic violence
  • Property financial statements
  • Children relocation
  • Spouse maintenance
  • Divorce

Please note that de facto relationships aren’t recognized outside of Australia. Therefore, if a de facto couple moves out of the country, they automatically fall under the laws of the state they are in.

As gay marriages aren’t currently recognized in Australia, all gay couples are treated as de facto relationships according to Family Law.

Family Law Concerning Children

The main stipulation of the laws related to children in Australia is the focus on the child’s best interests. Child protection is mostly dealt with by the state legislation, but it’s also mentioned in the Family Law Act of 1975. This act regulates the parenting arrangements in case of separation or divorce.

The Australian Child Support Scheme allows parents to reach a private agreement regarding this issue. The assistance of a lawyer is essential when dealing with these matters not only because this professional will protect yours and your child’s best interests. Most importantly, they will be able to mediate and reduce the stress of the whole process so that your kids don’t have to be dragged through a lengthy and stressful court case.

In 2006 (May 22nd) the Family Law Act of 1975 was amended to ensure that the welfare of the child is a paramount consideration in any case that involves children and that both parents are given a chance to play a meaningful role in their lives.

Australia is a part of the Hague Convention. Therefore, any child abduction cases are dealt under the guidelines of this agreement.

Property Outcomes in Divorce Cases

Under the current Australian laws, property and finances aren’t shared 50/50 between ex-spouses. The court has a vast amount of power in determining the ‘just and equitable’ division of assets. This process gets a lot of criticism, and a family lawyer’s skill and experience matter greatly in the outcome of the case.

How Can an Immigration lawyer Speed Up the Process?

Immigration is a stressful process for everyone, and it can turn into a mess real fast if you don’t have a legal professional to guide you through it. An immigration lawyer can be a great help as they will not only advise you on the best visa option but also deal with the paperwork and other legal issues pertaining to your change of residence.

Some of the matters covered by these legal experts include:

  • Visa options
  • Permanent residency
  • Sponsor migrants

Why Do You Need an Immigration Lawyer in Australia?

While not mandatory, using the assistance of a specialized legal professional when dealing with any immigration issues in Australia is the best course of action. The main reason for this is the complexity of the local immigration law.

You also need to bear in mind that this branch of legislation is highly dynamic. Therefore, it’s almost impossible for a non-professional to stay informed of all the changes and adapt to them accordingly. An immigration lawyer will act in your best interests and use every opportunity presented by the law to help you get everything you require.

Please note that an immigration lawyer is very different from an agent. While both experts offer advice on all matters, agents cannot actually take part in the legal proceedings. They won’t be able to represent you in court, should the need arise.

It’s in cases like this that you need professional assistance most of all, and if you hire a lawyer from the start, you will be 100% covered in case of any difficulties.

Can an Immigration Lawyer Help Me Get a Visa Faster?

The exact timeline of getting a visa is regulated by the law. However, a lawyer can make sure that all the proceedings and paperwork are handled perfectly. This will allow you to get the visa as quickly as possible and save you from any potential problems and delays caused by mistakes.

An attorney can also file specific requests with the relevant government agencies to find out whether something is hindering the process in your particular case. They will be able to resolve the issue, thus speeding up your visa in general.

The most important benefit of hiring a good legal expert to guide you through immigration is that they can explain the complex immigration laws in simple terms. They will take you through every step of the process and ensure you understand all your options exactly and can choose what’s best depending on both your current situation and future plans.

WORKING HOLIDAY SUBCLASS 417

Working Holiday Subclass 417

The Working Holiday Visa is for persons, aged between 18 and 30 and from a country with which Australia has a Working Holiday arrangement, who want to holiday and work in Australia for up to 12 months. The applicant for this visa cannot include a dependent child on their application and a partner will need to apply for their own visa. The best part is that thevisacan be extended from up to 24 months provided the visa holder undertook 3 months of seasonal work in regional Australia while holding a first Working Holiday visa.

This visa lets you:

  1. live in Australia for up to 24 months
  2. work for up to 6 months with each employer
  3. engage in any studies or training in Australia for up to 4 months
  4. leave and re-enter Australia on multiple occasions for 12 months from the date of visa grant

Eligibility criteria – First Working Holiday visa

The applicant must:

  • Be a passport holderof a countrywhich has a Working Holiday arrangement with Australia:
    • Belgium
    • Canada
    • Cyprus
    • Denmark
    • Estonia
    • Finland
    • France
    • Germany
    • Hong Kong
    • Ireland
    • Italy
    • Japan
    • South Korea
    • Malta
    • Netherlands
    • Norway
    • Sweden
    • Taiwan
    • United Kingdom
  • Be aged between 18 and 30
  • Be a genuine visitor and have not been in Australia on a Working Holiday visa
  • Be able to demonstrate that they have adequate means to support themselves for the duration of their stay in Australia and a return airfare

Eligibility criteria – Second Working Holiday visa

The applicant must:

  • Be able to demonstrate substantial compliance with the visa conditions of the first Working Holiday visa
  • Have not entered Australia on more than one Working Holiday visa
  • Have undertaken 3 months of seasonal work in regional Australia while holding a first Working Holiday visa

For more information on the 417 visaor to book a consultation with our Registered Migration Agent, please call us on the given numbers.

TEMPORARY WORK (SHORT STAY ACTIVITY) SUBCLASS 400

The Short Stay Activity Visa allows applicants like highly skilled professionals, sports persons, entertainers, journalists, motivational speakers, guest celebrities, ministers, or artists to visit Australia for short term periods ranging from 1 week to 3 months. The visa also allows the applicant to apply for family members and relatives to come to Australia as dependents by including them in the visa application.

The process for the grant of a 400 visa does not require the applicant to be sponsored or nominated.The applicant must, however, be able to demonstrate that they have been invited by an organisation that is lawfully operating in Australia or have the support of their proposed employer in Australia, as the case may be. In general, applicants for this visa are not able to receive salary, wages or other remuneration for participation in an event from a party in Australia other than the reimbursement of reasonable expenses, appearance fees, or prize money. However, the prohibition on receiving remuneration in Australia does not preclude a 400 visa holder from being paid by their overseas employer while undertaking the activity in Australia.

Eligibility Requirements

The applicant must

  • Be invited by an organization that is lawfully operating in Australia
  • Be invited to perform work that is highly skilled or otherwise highly specialised and non-ongoing
  • Be invited to participate in non-ongoing cultural, sports, or social activities which are concluded within the period of stay requested
  • Have highly specialised skills, knowledge or experience that can assist Australian business and cannot reasonably be found in the Australian labour market
  • Not receive salary or wages in Australia unless under the Highly Specialised Work stream
  • Be able to demonstrate that they have adequate means to support themselves or access to adequate means of support for the duration of their stay in Australia
  • Not exceed 3 months of stay in Australia unless the Department of Immigration determines the purpose of stay warrants a longer period

Eligible Categories of applicant

  • Highly specialised workers who cannot reasonably be sourced in Australia
  • Sports persons participating in specific events or touring as part of a sports team
  • Entertainers attending specific promotional events
  • Journalists(photo-journalists), correspondents or reporters covering specific event(s) i.e. cricket series or G20, for news organisations
  • Academics seeking to undertake research, guest lectures or motivational speakers
  • Ministers conducting a religious service or other religious activities
  • Artists holding exhibitions of their work in Australia

For more information on the 400 visa, or to book a consultation with our Registered Migration Agent, please call us on the given numbers

TEMPORARY WORK (ENTERTAINMENT) SUBCLASS 420

The Entertainment Visa is for persons sponsored by an Australian organisation, government agency, foreign government agency or eligible individual to work in the entertainment industry, including:

  • performers and support personnel for film, television, opera, ballet and circuses whether intending to perform commercially or in non-profit engagements
  • non-performing production or technical personnel for concerts or recordings to be performed in Australia
  • television or film crew, including actors, production and support staff
  • still-photographers for all advertisements, including travel or food photography
  • persons involved in the production of documentary programs or commercials

The visa also allows the applicanttoapply forfamily members and relatives to come to Australia as dependents by including them in the visa application.

This visa lets you:

  1. stay in Australia to work in the entertainment industry forup to2 years
  2. bring eligible family members with you to Australia
  3. enter and leave Australia as many times as you want while your visa is valid

Eligibility criteria for the applicant

The applicant must:

  • Be nominated by an approved entertainment sponsor or a person who has applied for approval as an entertainment sponsor but whose application has not yet been decided
  • Have the experience or skills needed for the nominated position
  • Have adequate means, or access to adequate means, to support themselves for the duration of stay in Australia
  • Have adequate arrangements in Australia for health insurance during the period of intended stay
  • Meet health and character requirements

Eligibility criteria for the sponsor

  • an Australian organisation that is lawfully operating in Australia
  • an agency of the Australian Government or an Australian state or territory government
  • a foreign government agency operating in Australia
  • an Australian citizen or permanent resident or an eligible New Zealand citizen who is usually resident in Australia
  • no adverse information about the sponsor or a person associated with the sponsor
  • satisfactory record of compliance with sponsorship obligations and with all Australian laws if a previous sponsor of overseas workers to Australia

For more information on the 420 visa, or to book a consultation with our Registered Migration Agent, please call us on the given numbers.

Training and Research Subclass 402

The Training and Research visa aims to promote international goodwill by allowing Australian organisations to sponsor persons to travel to Australia to participate in occupational training, research or professional development activities. This visa is not designed to fill labour shortages and not appropriate for persons whose sole intention is to undertake work on a full-time or a part-time basis.

This visa provides three streams of entry:
Occupational Trainee stream – for persons who want to improve their occupational skills through participation in workplace-based training in Australia
Professional Development stream – for professionals, managers or government officials from overseas who are sponsored to undertake professional development training to enhance their professional or managerial skills
Research stream– for academics invited to participate in a collaborative Australian research project by an Australian tertiary or research institution
The visa also allows the applicanttoapply forfamily members and relatives to come to Australia as dependents by including them in the visa application.

This visa lets you:

stay in Australia from 12 months to 2 years depending on the stream of entry
bring eligible family members with you to Australia
enter and leave Australia as many times as you want while your visa is valid

Eligibility criteria for the applicant

The applicant must:
Have turned 18, or if not and the applicant is participating in an occupational training program relating to sport
Be sponsored by an approved sponsor, or a person who has applied to be an approved sponsor
Have appropriate skills, relevant qualifications, and acceptable English language skills to undertake the training program
Have managerial or professional skills, work experience, and English language proficiencyfor undertaking the professional development program
Be employed or previously employed as an academic at a tertiary or research institution andhas a significant record of achievement in the field
Have adequate means, or access to adequate means, to support themselves for the duration of stay in Australia
Have adequate arrangements in Australia for health insurance during the period of intended stay
Meet health and character requirements

Eligibility criteria for the sponsor

an Australian organisation that is lawfully operating in Australia
an agency of the Australian Government
a foreign government agency
no adverse information known to the Department of Immigration about the sponsor or a person associated with them
have the capacity to comply with their sponsorship obligations- for example, ensuring that the visa holder participates in the nominated activity
For more information on the 402 visa, or to book a consultation with our Registered Migration Agent, please call us on the given numbers.