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Migration

Immigration law is complex and fast changing. Immigration lawyers in Australia may specialize in the different avenues.

Immigration lawyers need to be familiar with a range of laws including the Australian Migration Act 1958 (almost 800 pages), Migration Regulations (around 1,900 pages including schedule one and two criteria) and the Policy Advice Manual (PAM)(almost 16,000!!! pages). This is in addition to the plethora of policy guidelines, Ministerial Directions, Court judgments of the Migration Review Tribunal, Refugee Review Tribunal and the Administrative Appeals Tribunal and High Court Decisions.

 

There are Agents (non lawyers) & Migration Lawyers. Many illegal agents operate in and outside Australia. Unprofessional or unethical behaviour by agents can seriously impact on the lives of people using their services and bring the profession into disrepute.

 

Please see How to choose a migration agent and Agent or a Lawyer?


We are not just Migration Agents. We are also Qualified Australian Lawyers & members of the Law Institute of Victoria (LIV). So even after you migrate we are happy to extend our friendly services, for e.g. when buying property, finance, certifying documents and other legal work.


Contacts for consultations:  This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 

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  • Skilled Regional Sponsored visa 487   ( 0 Articles )

    This visa is a three year provisional visa for overseas students and certain visa holders who are unable to meet the criteria for a permanent skilled visa. You will have the opportunity to apply for permanent residency after you have lived for two years, and worked at least 12 months, in a Specified Regional Area of Australia. 
    Consult us for more information on Specified regional areas

    This visa requires you to be either:

    • nominated by a participating State or Territory government agency
      or
    • sponsored by an eligible relative living in a designated area of Australia.

    This visa uses a points test to select visa applicants with characteristics needed in the Australian labour market.

    Who is this visa for?

    This visa is for you if you are in Australia and you are one of the following:

    • an overseas student or former overseas student
    • a holder of a Skilled – Graduate visa (subclass 485) or a Skilled – Recognised Graduate visa (subclass 476)
    • a holder of a Trade Skills Training visa (subclass 471)
    • a holder of a Working Holiday visa (subclass 417)
    • a holder of an Occupational Trainee visa (subclass 442)

    This visa is also for existing holders of a provisional skilled visa who have abided by the conditions on their visa and who need further time to meet the residence and/or employment criteria to apply for a permanent visa. 
    Consult us for more information on options for: Existing provisional visa holders

    You must:

    • be under 45 years of age
    • have good English language skills
    • have the skills and qualifications that meet the Australian standard for an occupation on the Skilled Occupation List (SOL) and your nominated occupation is classified as either:
      • a 60 point occupation 
        or
      • a 50 point occupation

    The SOL is a list of skilled occupations that are in need in Australia. Each occupation listed on the SOL is allocated a points value for use in the visa assessment process.

    What does this visa let me do?

    This visa:

    • allows you to remain in Australia for up to three years and requires you to live and work in a Specified Regional Area in Australia
    • allows accompanying secondary applicants to work and study, but only in a Specified Regional Area of Australia
    • provides a pathway to permanent residence.

     

    Source: DIAC

    Disclaimer Important

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  • Australian Regional Sponsored Visa Eligibility   ( 0 Articles )

    Related Links

    Regional Sponsored Migration Scheme (subclass 119/857)

    Decision Ready (DRC) Australian Visas Processing Priority

    Workers VISA


    Eligibility

    • Employer
    • Employee
    • Family Member

    Employer Eligibility

    Eligibility for certification of the position

    The Regional Certifying Body (RCB) responsible for the area will assess the nomination to fill a position against the following criteria.

    Criteria

    Requirement

    The business must be actively and lawfully operating in regional Australia.

    • there must be a need for a paid employee
    • the employer's business must be established and actively engaged in the activity for which it is registered in the regional area all areas of Australia except for, Brisbane, Gold Coast, Newcastle, Sydney, Wollongong, Melbourne or Perth.

    The position must be full time and available for 2 years.

    • the position is a genuine full-time vacancy
    • the position is available for at least 2 consecutive years.

    The business requires a person with diploma level qualifications or higher.

    • the position requires a person with at least an Australian equivalent trade, diploma or higher qualification (unless exceptional circumstances apply)

    Eligibility for nomination

    In addition to the above, the department will also assess the application against the following criteria:

    • the nomination has been approved by the relevant Regional Certifying Body
    • the business follows all relevant Australian laws and has a satisfactory record of meeting immigration laws (if applicable)
    • the nominated position is in a business operated by the employer
    • the position is being remunerated in accordance with relevant workplace legislation and awards.

    Employee Eligibility

    If you are applying from within Australia and you hold a qualifying visa
    This part outlines the eligibility requirements for the Regional Sponsored Migration Scheme (subclass 857) visa.

    • Eligibility requirements
    • Exemption from eligibility requirements
    • Health and character requirements
    • Limitation of applications
    • Australian Values Statement

    Eligibility requirements

    To be eligible for permanent residency under this visa, you must meet the following requirements at the time of lodging an application:

    • hold a qualifying visa

    • have the relevant qualifications for the nominated position, which has an Australian equivalent trade, diploma or higher qualification
    • meet any mandatory licensing, registration or professional membership requirements which allow you to work unsupervised and without further training
    • have been offered a full time position for a fixed term of at least two years (supported by evidence of a contract or letter of appointment signed by both the employer and the employee)
    • be under 45 years old
    • have Functional English language ability

    Functional English Language Requirement

    Applicants for the Regional Sponsored Migration Scheme must demonstrate they have functional English.

    Some of the methods to demonstrate functional English language ability include:

    • evidence of an International English Language Testing System (IELTS) score of at least an average 4.5 for the four test components (speaking, reading, listening and writing)
    • evidence of an Occupational English Test score which is at least equivalent to IELTS 4.5 and the test was relevant to the nominated occupation
    • the main applicant’s first language is English and they have a current passport from the United Kingdom, United States, Canada, New Zealand or the Republic of Ireland
    • evidence that the applicant has been assessed by an AMEP service provider in Australia as having functional English
    • evidence the applicant holds a trade, diploma or higher qualification awarded by an institution in or outside Australia which required at least two years full-time study and all instruction was undertaken in English
    • evidence the applicant has successfully completed at least one year full-time or equivalent study in Australia for a diploma or higher qualification and all instruction was undertaken in English.

    If the applicant does not have functional English, they will need to apply for an exemption from eligibility requirements based on exceptional circumstances. 

    Source: DIAC

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