Australian visa lawyers are legal professionals who help people acquire their visas to live, work, or travel in Australia. While it may seem exciting for foreigners to move into Australia, immigration law is too vast, and it can be complicated without proper legal guidance. In fact, even Australians who are sponsoring someone’s Australian visa may have a hard time with the Australian immigration procedure.
Foreigners will need a valid Australian visa to enter the country unless they are Australian citizens. Passport holders from New Zealand can apply for a visa upon arrival in the country. All other passport holders, regardless of age, must obtain a visa before departing. Foreigners who want to migrate may apply for visas at the Australian Department of Home Affairs.
Handling immigration applications and learning about their laws is a difficult and time-consuming task. Australia’s migration laws are complex and frequently change due to various visa requirements, updates, and obligations. So, some people may have their visas denied if they do not follow proper immigration procedures. This article will discuss the importance of Australian visa lawyers.
Benefits of Hiring Immigration/Visa Lawyers
1. Knowledge of the Immigration Process
As mentioned, the immigration process contains many steps and documents that will require careful planning. Australian visa lawyers are the most qualified people for immigration matters since they are knowledgeable about all legal implications and requirements. These lawyers will ensure that applications adhere to the four main categories under the Migration Program. These are:
- General Skilled Migration – This is for skilled workers who do not have an employer to sponsor their migration. Migrants under this category are selected based on their occupation, age, skills, qualifications, English language ability, and employability.
- Employer Nomination – This is for migrants who have an employer who can sponsor them.
- Business Skills Migration – This encourages successful businessmen and businesswomen to settle in Australia to find new business opportunities.
- Distinguished Talent – Migrants under this category are the ones who have special or unique talents. This may include internationally acclaimed athletes, musicians, artists, designers, etc.
2. Explain Legal Jargon
A visa application is a complicated legal process. This means that some Australian visas may contain language that applicants or sponsors are unfamiliar with. Applicants and sponsors must not make hasty assumptions about legal terminologies and proceed with submitting visa proposals. Again, visa applications that are not properly drafted face the risk of being denied. This also results in great financial losses.
Legal documents are difficult to comprehend. Australian visa lawyers are educated in the interpretation of legislation and its application to visa applications. This understanding is useful when it comes to writing submissions. Lawyers understand Australian immigration law thoroughly, are familiar with all application criteria, and can appropriately highlight their cases.
Unlike a migration agent, lawyers have the ability to also help applicants to protect their legal rights. While migration agents charge less, clients may face legal implications during the immigration process, requiring them to ultimately hire lawyers. Both registered migration agents and immigration lawyers must operate in accordance with the Code of Conduct. This is issued by the Office of the Migration Agents Registration Authority.
3. Professional Standards
Australian visa lawyers have professional standards when it comes to helping clients with visa applications. Lawyers with professional standards can be held accountable for what they do. As a result, these lawyers will act in their client’s best interests while charging, for instance, fixed fees for their services.
4. Aid in Making Decisions for Their Clients
Applicants face different circumstances even if they have the same type of visa that they are applying for. Lawyers may examine a visa applicant’s case and lay out different visa options for them so they can have a smooth immigration process. Applicants may seek immigration assistance from lawyers if they:
- Have crimes committed in their resident country
- Have visa applications that were previously turned down
- Are restricted from entering Australia for any other reason
- Are facing deportation issues
- Have trouble filing their visa application
- Committed fraud in the migration process
- Want their visa approved quickly
- Have falsified documents without their knowledge
- Any other relevant matter that may arise during the migration process.
Types of Permanent and Temporary Visas
1. Short Stay Work Visas
1. Short Stay Work Visas
| Short Stay Visas for Specialist Work (400) | This visa is granted to people who have highly specialised skills that are not available in Australia. If approved, these people will undertake highly specialised work in Australia for a short timeframe. |
| Temporary Activity Visa (407) | This visa is issued to individuals who wish to improve their skills through a structured workplace training programme. The applicant must have 12 months of experience in the last 24 months in the occupation in which they wish to be trained. The employer must sponsor and provide a relevant and detailed structured training plan for the overseas employee. |
| Temporary Activity Visa (408) | This visa is for people who need to visit Australia for a short period of time due to short-term activities like: 1. Events (weddings and/or parties) 2. Entertainment 3. Film or stage performance 4. Religious work 5. Domestic work 6. Sports training 7. Youth exchange 8. Research Note: It’s important to seek advice from Australian visa lawyers if applicants are unsure if their visit qualifies as a short-term activity. |
2. Partner or Parent Visa
| Partner Visas (820/801, 309 and 100, and 300) | This visa is for an Australian citizen or permanent resident’s spouse, de facto partner, or fiance. A partner visa lodged onshore is subclass 820/801, while an offshore lodgement is subclass 309 and 100. A 300 visa is a prospective (fiance) partner visa that only applies when the overseas applicant is already in the country. |
| Parent Visas: Contributory – 143 (offshore) and 864 (onshore) Non-contributory – 103 (offshore) and 804 (onshore) | There are two types of parent visas that lead to Permanent Residence. These are contributory parent visas and non-contributory parent visas. Applicants may either lodge contributory or non-contributory parent visas in or out of Australia. A parent visa applicant must pass the balance of family test. This means that at least 50% of the applicant’s children are: – Australian citizens; or – More children are Australian citizens or permanent residents in Australia than in any other country |
3. Business Visa
Business Innovation and Investment Program (BIIP)(188) is divided into four visa streams. The BIIP visas provide a direct route to permanent residence after three years, subject to certain residency and investment or business turnover requirements. These 4 streams of business visas are the:
4. Skilled Person Visa
It’s important to seek legal advice from Australian visa lawyers if you want to qualify for a skilled person visa. The subclasses for this visa are 189 (Skilled Independent Visa), 190 (Skilled Nominated Visa), and 491 (Skilled Work Regional).
A skilled visa may be granted to skilled individuals who qualify for the General Skilled Migration Program and are professionals or trades workers. The basic requirement including having 65 points in the points test score.
5. Employer Sponsorship Visa
This visa is for employers who want to sponsor a skilled overseas worker on a temporary or permanent basis. Overseas skilled workers should have skills and relevant work experience and an employer in Australia that is interested in sponsoring them. Here are the visa subclasses:
- Temporary Skill Shortage (482)
- Employer Nomination Scheme (186)
- Skilled Employer Regional (494)
- Regional Sponsored Migration Scheme (187)
6. Student or Graduate Visa
Australian visa lawyers may also help students migrate to Australia in order to enrol in their preferred universities/schools. The education provider and the country of citizenship determine student visa requirements. Here are the visa subclasses:
Importance of Seeking Legal Advice
JB Solicitors can aid applicants and sponsors to go through the immigration procedures effectively and with ease. We know that the visa application process is never easy to understand at first.
However, our legal knowledge and legal services can help applicants understand the complicated jargon regarding immigration laws and regulations. Do you need help with lodging visa applications? What about assistance in legal matters?
Message an immigration lawyer today for migration and immigration advice.
