Frequently Asked Questions about Immigration Law

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If you are considering migrating to Australia, it is important to have all the facts and to do your research beforehand. The Australian Government Department of Immigration and Citizenship aims to contribute to the future of all Australians by managing migration and promoting Australian citizenship for a multicultural Australia.  

In the following blog series, we will explore what essential information you will need to know to successfully migrate to Australia. Continue reading this post to understand the most frequently asked questions about migrating to Australia.    

Australian Visas

All migrant applications are assessed against the Australian Migration Act [1958] . There are more than 100 different types of Australian Visas, which can be incredibly confronting and confusing at first glance.

Properly understanding the correct visa for you is critical to secure your future in Australia. Whichever visa is right for you will depend on your circumstances at the time in which you apply.

If you are looking for the right visa, consider the following:

    • The purpose for your migration – be it for work, study, a business trip, or an extended holiday.
    • The length of your stay – both temporary and permanent visas are available, so it is important to disclose if you are looking to stay in Australia for one or two years, or if you plan to stay for the foreseeable.
    • Skillset – skilled worker are always in demand in Australia
    • Sponsorship – if a company in Australia is willing to sponsor you to work for them, you’ll qualify for a specific sponsored/nominated visa
  • Citizenship – Australia holds visa relationships with certain countries – particularly Commonwealth nations, and some Asia Pacific countries. If you are a citizen with a dual-visa relationship with Australia, this will open up many different visa options.   

Immigration and the Law

Legislation about immigration is constantly changing and updating, so it is worthwhile speaking to a lawyer who knows about immigration law and is regularly checking the Australian Government Department of Immigration and Citizenship for any changes made to the law.

Australia has a non-discriminatory immigration policy, so anyone can apply to migrate to Australia from any country. Processing arrangements for migration applications will vary depending on your situation, so it pays to do your research beforehand to ensure that migrating to Australia is the correct choice and fit for you.

If you are interested in migrating to Australia you will need to make an Australian Immigration Visa Application. There is a significant amount of paperwork involved during the immigration process and to avoid making any errors, we recommend contacting one of our Immigration Lawyers to assist you with this process.

What can Owen Hodge Lawyers do to help?

We can offer assistance in the two main streams of immigration law. These areas are as follows;

Skilled Migration

The purpose of the skilled migration program is to attract highly employable people for migration to Australia. It is the most common form of migration to Australia, and is one of Owen Hodge Lawyers key area of immigration law.

There are a variety of skilled migration sub classes;

  • Skilled Independent Subclass 189 – A sponsorship by a relative or state/territory government is not required with this permanent visa option
  • Skilled Nominated Subclass 190 – Nomination by an Australian state or territory is required for this permanent visa option
  • Skilled Regional Provisional Subclass 489 – A sponsorship by an Australian relative living in a designated area or by a state or territory government is needed for this 4-year provisional visa which allows holders to live only in certain designated areas of Australia
  • Skilled Regional Subclass 887 – To qualify for this permanent stage Skilled Regional Provisional visa, you must reside for 2 years and work full time for 12 months in the required region of Australia
  • Graduate Temporary Subclass 485 – International students who have completed the required qualification of taking 2 years of study in Australia are eligible for the Graduate Temporary Work Visa.

Family & Partner Migration

With Family and Partner Migration you can sponsor Australian residents, Australian permanent residents and New Zealand residents for permanent residence or migration purposes to Australia.

We can assist in the following areas of family and partner migration;

  • Partner Visas – there are generally three different visa types under the category of ‘partner visa’ these are the partner visa itself, the prospective marriage visa and the interdependency visa. All of which require the applicant to be married, engaged to, or living in de facto with an Australian citizen, permanent resident or eligible New Zealand Citizen.
  • Parent Visas Subclass 103 – This visa lets parents live in Australia if their child is an Australian citizen, permanent resident or eligible New Zealand citizen who is settled in Australia.
  • General Skilled Migration – If you are a skilled worker and you have relatives in Australia, they may be able to sponsor you for a general skilled visa.
  • Carer Visa – If you need to care for or assist a relative in Australia with a long-term permanent medical condition
  • Child Visa – This visa lets an eligible parent sponsor their child to live in Australia indefinitely.
  • Aged Visa – This visa allows older parents live in Australia if their child is an Australian citizen, permanent resident or eligible New Zealand citizen who is settled in Australia
  • Remaining Relative Visa – This visa allows someone in Australia whose only near relatives are living in Australia to remain in Australia as a permanent resident.   

We at Owen Hodge Lawyers believe that no one immigration case is the same, and we will ensure to provide you and your family with the best legal advice available. We can help guide you through this complex and challenging process with minimal fuss, with the hope to give you the best chance of a positive outcome to your visa application. Contact us today on 1800 770 780.

Are you looking to move your overseas business to Australia and want to bring your trusted workers with you? Learn all about employing overseas workers on the Owen Hodge blog today.

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