Australia is one of the most amazing countries in the world. Every year we welcome many visitors to our country. To study, work, re-unite with family members, and many other reasons. You may wish to come to Australia for a short period to undertake studies at one of our universities or colleges, or perhaps you are looking to expand your horizons at work.
Obtaining a visa or applying for permanent residency can be a complicated process. That's where we can help - Smith & Associates have assisted many skilled and business professionals that desire to migrate to Australia, but wanting to reduce the time, confusion and frustration so often associated with the application process.
Our team is experienced in migration law, and can assist with both visa and general migration issues including:
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- Bridging Visas |
- Citizenship |
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- Business Owners |
- Deportation/Detention |
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- Employer Sponsorships |
- Long Term Overstayers |
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- Independent Executives |
- Marriage/De Facto |
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- Investment-Linked Visas |
- Parents/Children Relatives |
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- Retirees |
- Skilled migration |
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- Senior Executives |
- Tribunal Hearings |
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- Temporary Specialists |
All advice and guidance provided by our Migration Agents is tailored to your specific circumstances based upon the information you provide in the Visa Eligibility Assessment and further interviews with you.
If you are a business owner looking to attract overseas employees to your company, there are a number of requirements that a potential candidate must meet (and some that your company needs to comply with). We can assist you with both developing plans for seeking offshore business people, and the requirements for employing such people.
Our professional team can also assist migration clients with any of the following matters:
Our registered migration agent operates in compliance with the Migration Agents Code of Conduct, and we pride ourselves on our professional and ethical approach to this important area of practice. We are also a Member of the Migration Institute of Australia (MIA), and employ a certified Immigration Lawyer registered with the Queensland Law Society. Therefore, you can rest assured the advice you receive is lawful, thorough and up-to-date, especially where current policy issues affecting your application are concerned.
Business Skilled Migration
The Australian government is dedicated both on a National and State level to attract Business Owner and Investor migrants to Australia.
The majority of business skills migrants will enter Australia initially on a provisional (temporary) visa for 4 years and, after satisfactory evidence of a specified level of business or investment activity, may apply for permanent residence.
The pathway to permanent residence is designed to give clarity and certainty to provisional business migrants and relies upon the establishment and successful management of genuine business activity in Australia. Applicants for these visas are expected to, after a period of time in Australia, provide valuable input to the Australian economy by becoming actively involved as owners or part owners at a senior level in a business.
The business must fulfill one of the following:
In order to meet the obligations of this visa category, the applicant must have a Designated Investment for a period of 4 years. It is necessary for the applicant to demonstrate an overall successful record of eligible investment or qualifying business activity.
This visa allows high caliber business migrants to obtain up-front direct permanent residence in Australia if they have high-level business attributes and are sponsored by a state or territory. An overall successful business career and a commitment to establishing or participating in a qualifying business in Australia are also prerequisites to the grant of this visa.
Eligible Occupations for Skilled Visa
The Skilled Occupation List (SOL) is drafted by the Australian Government to address specific skill shortages in Australia by attracting migrants with the requisite qualifications and work experience.
The SOL lists occupations alphabetically in accordance with their title in the Australian Standard Classification of Occupations (ASCO) dictionary for each of the major group headings of:
Each occupation is assessed by a different assessing authority, which sets down its own guidelines for approval. Certain occupations require higher English language requirements, registration with a regulatory body and/or lengthy periods of work experience.
General Skilled Migration
The General Skilled Migration Program targets people who are highly skilled, under 45 years of age, have a high level of English language ability and who will quickly make a contribution to the Australian economy.
General Skilled Visas are divided into the following categories:
Within these three categories, there are the following types of visas:
Australian sponsored - for those who have a sponsor and assurer, but the sponsor either lives outside a designated area or lives in a selected area (varies from state to state).
To satisfy the eligibility criteria in these categories you will need to:
If you decide to apply for a sponsored visa or state or territory nominated visa you will usually be required to meet a less stringent points test but may be restricted with regard to the type of skills you must have. Many state and territory nominated visas require that you are skilled in an occupation that is on a specific state or territory Skills in Demand list.
Visitor's Visa
Obtaining an Australian visitors visa is not easy for intended visitors from some countries. The emphasis in granting this visa is the applicant's "genuine" desire to come to Australia as a visitor.
There are number of issues that would need to be addressed in making an application under this category, and we recommend that you contact us so that we can discuss the requirements in greater detail with you.
Partner Migration
The purpose of this visa category is to bring together genuine couples who wish to live together in Australia. The Partner Migration Program enables Australian citizens and permanent residents, and Eligible New Zealand citizens to sponsor their partner (spouse, fiancé or defacto partner) to migrate to Australia.
To be eligible for Partner Migration, you must either be married, engaged to, or in a defacto (common law) relationship with an Australian citizen, permanent resident or eligible New Zealand citizen. If your application for an interdependent partner or spouse visa is successful, you will be granted a provisional visa for two years.After this period, you will be assessed for permanent residency in Australia.
Prospective Marriage visa
A Prospective Marriage visa is a temporary visa that is valid for 9 months. If you are granted a Prospective Marriage visa you must enter and marry your sponsor within the validity of the visa. Once married you must apply for a Spouse visa in Australia within the 9 month period.
Spouse visa
To apply for a spouse visa you must be married or in a de facto spouse relationship with your partner at the time of application. This is a 2 - stage process and you are applying for a provisional and a permanent visa at the same time. The provisional visa is issued for a period of 2 years. At the end of this period a decision is made on the permanent visa application based on meeting the requirements of the provisional visa.
Provisional visa
It is a 2 - stage process and you are applying for both a provisional visa and a permanent visa at the same time. The provisional visa remains valid for a period of 2 years, at which time a decision is made on the permanent visa application based on meeting the requirements of the provisional visa. This visa category is sensitive and requires a more personal touch.
Family Migration
The family migration program has been implemented to give a family member with specific needs the opportunity to join their family in Australia. Applications are carefully assessed to ensure the system isn't being misused and therefore it is important to get the application right the first time.
There are a range of visas available under this category:
Aged dependant relative
An aged dependant relative is a person who is of the age to be granted an aged pension in Australia, and who is single, widowed, divorced or formally separated. The aged dependent relative must have been dependent on the relative in Australia for at least the past of 3 years. Proof will be required that you are now single, the relationship to your relative in Australia and the dependency on your relative in Australia.
Australian Spouse/Partner Visa
To be eligible to apply for a Spouse Visa you must be able to demonstrate you:
An application for the spouse visa is in two stages (temporary and permanent), and an applicant actually applies for both visas using one single application form and paying only one application fee. These temporary visas, once granted, are valid for two (2) years from date of application, and then if the relationship is assessed to be still genuine and ongoing at the end of the two years, applicants will be granted a permanent visa.
The Spouse Visa may be applied for from inside or outside Australia. If you are applying while you are in Australia you must also hold a valid substantive visa and be in Australia at the time the visa is granted. If you are applying from outside Australia then you must also be outside of Australia at the time the visa is granted.
Interdependent Visa to Australia
In cases of 'same sex' marriages and relationships, provisions exist for the non-Australian partner to still apply for permanent settlement on the basis of that relationship. This is achievable through the Interdependency visas. To apply for an Interdependent visa you must be able to demonstrate you:
An application for the interdependency visa is in two stages (temporary and permanent), and you would apply for both visas using one single application form and paying only one application fee. After lodging an application for the visas, you would be assessed for the first (temporary) visa. These temporary visas, once granted, are valid for two (2) years from date of application, and then if the relationship is assessed to be still genuine and ongoing at the end of the two years, applicants will be granted a permanent visa without having to make a further application.
The Interdependent Visa may be applied for from inside or outside Australia. If you are applying while you are in Australia you must hold a valid substantive visa.
Prospective Marriage visa
Fiancé(e)s of Australian citizens or permanent residents can apply for the prospective marriage visa which, if granted, will be valid for nine (9) months. The applicant must enter Australia, marry their sponsor and apply for the spouse visa all within this nine-month period. This visa, commonly known as the fiancé(e) visa, is for persons wishing to come to Australia to marry their sponsor.
To be eligible to apply for a Prospective Marriage visa you must demonstrate you:
The Prospective Marriage Visa must be applied for from outside Australia and the applicant must be outside Australia at the time the visa is granted.
Parent Visa
In order to apply as a parent, applicants must pass the "balance of family" test. In addition, all parent migrants must be sponsored by their child who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
Applications for the Working Age parent visa must be lodged outside Australia. However, applications for the Aged parent visa can be made in Australia. An aged parent is one who is old enough to be granted an Australian age pension. For male applicants, the qualifying age is 65 and for female applicants the qualifying age is gradually being increased from 60 to 65.
A new "Contributory Parent" category was introduced on 5 March 2003, aimed at speeding up the processing time for parents. The changes enable applicants to take up one of the following options:
Remaining relative
A person with all relatives settled in Australia may be considered for the "remaining relative" visa in Australia. To be eligible to apply for a Remaining Relative visa you must be able to demonstrate:
The Remaining Relative Visa may be applied for from inside or outside Australia. If you are applying while you are inside Australia you must also hold a valid substantive visa and be in Australia at the time the visa is granted.
Carer
An Australian citizen, Australian permanent resident or eligible New Zealand citizen may sponsor a member of their immediate family who is willing and able to give substantial and continuing assistance where a medical condition is causing physical, intellectual or sensory impairment of the ability to attend to the practical aspects of daily life. The assistance must be required for at least 2 years. Medical assessment of the person needing care must be undertaken by Health Services Australia (HSA).
Business Sponsored Visa
Australia has one of the strongest and most stable economies in the Asia-Pacific region. The business visa program is here to assist Australian businesses grow by obtaining knowledge and skills from overseas which they have not been able to obtain in the local market.
Business visitors (Short Stay) visas
Visitor visas for business purposes are intended for genuine business visitors seeking short-term entry to Australia for a stay of up to 3 months to undertake business activites such as official visits, meetings, training, building inspections or equipment installation. The applicant's spouse and dependents may also visit Australia with the applicant. This visa does not permit the applicant to engage in work that might otherwise be carried out by an Australian citizen or permanent resident.
Temporary business sponsorship (Long Term) visa
This visa category has two parts, the business sponsorship application and the sponsored employee application. Business sponsorship allows employers to sponsor a specified number of temporary business entrants within a two year period. Employers must demonstrate to the department that they can satisfy the sponsorship criteria, including their ability to comply with undertakings in relation to the approved number of sponsored employees. A business sponsorship is valid for either two years or until the approved number of positions is filled, whichever occurs earlier. Sponsored employees may stay in Australia for the length of the visa validity period which cannot exceed four years. The applicant's spouse and dependents may also accompany the applicant to Australia for the period of employment. The temporary employee's visa does not expire when the business sponsorship expires.
Overseas business sponsorship (long term) visa
Businesses which do not have a formal operating base or representation in Australia may apply to bring employees to Australia to establish subsidiary branches in Australia, agency distributorships or a joint venture. Employees may also come to Australia to fulfil obligations relating to a contract or other business activity in Australia. This visa class is similar to the temporary business sponsorship (long term) visa. The overseas employer, or a person with legal authority to act on their behalf, must complete the business sponsorship application and must make sponsorship undertakings. An employee nomination application is also required. The business sponsorship is valid for two years or until the requested number of employees nominations are filled.
Student Visa - Overview
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The Australian Government operates an overseas student program (OSP) that allows people who are not Australian citizens or Australian permanent residents to study in Australia. A person who would like to study under this program must obtain a Student Visa before they can commence a course of study in Australia. To be granted a Student Visa you must undertake a registered course on a full-time basis.
You can be granted a student visa only if you wish to undertake a registered course or part of a registered course on a full-time basis. A registered course is an education or training course offered by an Australian education provider who is registered with the Australian Government to offer courses to overseas students. For more details visit the Australian Government register of courses and institutions for overseas students.
Student visas are granted when a student applicant can prove that they have adequate funds to support themselves and dependent family members, they are of good health and are of good character without a criminal record. The applicant's English skills must be of a level to participate and understand the selected course. If the applicant's English skills are not of the required level, the applicant will be encouraged to enroll in the English Language Intensive Courses for Overseas Students (ELICOS).
You may undertake any course of study for less than three months on a visitor visa or working holiday visa. If you intend to study for more than three months, you must apply for a student visa. There are advantages to applying for a student visa. If you are studying on a student visa you:
Students wanting to study in Australia can apply for a student visa after they have received a letter of offer or electronic confirmation of enrolment (eCoE) in relation to one or more full-time courses of study. However, it is recommended that you do not enrol in your course or obtain an electronic Confirmation of Enrolment (eCoE) until you have been advised to do so by your local Australian Government office.
Depending on your country of nationality and your principal course of study you may have to undergo an initial assessment before an Electronic Confirmation of Enrolment (eCoE) is issued by your Australian education provider.
Generally, an international student is issued with a multiple entry visa for the duration of their study course in Australia. This allows you to travel backwards and forwards to Australia within the period for which it has been granted. Members of your immediate family (spouse and unmarried dependent children under 18 years of age) may accompany you to Australia and will be considered in the same visa class as yourself. If you wish to extend your stay in Australia for further study you will need to lodge an application for a further visa.