Last updated 2 months ago
Migration cases can hold many implications for the individual, from the right to reside to impacting other areas of the legal system, like tax and employment law. An accredited specialist immigration lawyer can offer you representation and a helping hand through the complex area of Australian migration law.
What is an accredited specialist migration lawyer?
An accredited specialist immigration lawyer is a legal practitioner with a high level of experience and knowledge of immigration law, who has passed extra exams. You may have heard of immigration agents, lawyers and specialists, but an accredited specialist immigration lawyer is different to all of these.
There aren’t many accredited specialist immigration lawyers in Australia so if you want to be sure you are dealing with a genuine, accredited specialist, check with the Law Society in your area.
Why choose an accredited specialist migration lawyer?
Even though some migration agents are highly experienced professionals, accredited specialists have the knowledge that can make all the difference when it comes to arranging your migration.
Australian migration law is complex and spans many different areas, from criminal and employment law to tax and family law so it makes sense to deal with an accredited specialist migration lawyer who is aware of the far reaching implications.
Brett Slater has over 20 years experience and is a registered and accredited Migration Lawyer since 1995. You want an expert why settle for less? Call Brett Slater on 02 8999 7608
Last updated 2 months ago
If you’re on a 417 Australian working holiday visa then you are entitled to live in the country for a period of 12 months. If you fancy staying longer, investigate the possibility of extending your visa for another year and find out exactly what you need to do. A migration lawyer can help you along the way, as well as offer advice and guidance on all other types of Australian visas.
Working Holiday Visa
A 417 working holiday visa entitles the bearer to live in Australia for up to 12 months. Casual employment can be carried out but under this type of visa, it is not usually possible to work for the same employer for more than six months.
A working holiday is straightforward to apply for: you can apply online and most visas are issued within 48 hours so if you hold an eligible passport, you can start planning your trip straightaway.
You must start your Australian adventure within a specified period, sometimes 12 months, of the issue date of your visa and a 417 visa usually expires 12 months following initial entry to the country. After you’ve arrived in Australia, you may leave and re-enter the country as many times as you like, but you’re still only entitled to be in Australia 12 months from your initial entry date.
Extending a 417 Visa
If a year just isn’t enough, it is possible to extend your original visa for another 12 months. To be eligible, you must spend at least 88 days, or three months full time, working a specified job in a designated regional area of the country.
A specified job, previously referred to as a seasonal job, can range from mining and pearling to plant and animal cultivation. There are numerous ways to find regional work, from employment pages in newspapers to specialist websites and portals.
If you’re considering a move to Australia and need the help of accredited immigration lawyer, get in touch with Brett Slater Solicitors on 02 8999 7608.
Last updated 2 months ago
On 24 March 2012 Australia will relax the requirements for international students wishing to obtain student visas.
The new rules will only affect applications which are made on or after 24 March 2012. As such, this could be a reason for some visa applicants to postpone lodging their student visa applications until at least that date.
The new rules do not affect all student applicants, only those from certain countries enrolling in certain courses. An example is South Korea. Korean students in Australian English language courses or Australian vocational courses will have an easier pathway to obtaining their student visas.
Using an immigration lawyer
Immigration lawyers specialise in many types of visa situations, whether people have lost their current visas or are struggling to obtain new visas for working, studying or living in Australia. If you or your family members have lost your visa, immigration lawyers can represent you as well as offer advice on the best course of action to obtain a new visa.
Migration lawyers in Sydney
Brett Slater Solicitors helps people from all backgrounds to get work visas, spouse visas and de facto visas in Sydney. Call 02 8999 7608 if you've lost your visa, or for more information.
Last updated 2 months ago
A shock wave has hit sectors of Australia’s immigrant community this month with the release of a strict new departmental policy.
The effect of the new policy is that permanent residents who are seeking resident return (155) visas on concessional grounds (in effect, seeking a waiver) will have much more limited rights. They will no longer be able to obtain subclass 155 visas for a five year period; the period on each grant will be restricted to one year.
The usual rule when applying for a 155 visa is that the person must have been present in Australia as a permanent resident for at least two years out of the five years immediately preceding the new visa application.
However, there are special provisions which allow certain people to get around that rule. Immigration has long recognised that there are all sorts of reasons why some people need to be out of Australia, either for work or personal reasons, for extended periods of time.
The regulations permit such people to get around the “two year out of five year” rule if they can show that they have sufficiently strong ties to Australia. Such ties could be business ties, personal ties, cultural ties or employment ties. However, they must be strong and they must be regarded as being beneficial to Australia.
In the past, it has been a relatively common event that an applicant who has not been able to achieve the two year point could still get another five year resident year return visa, relying on the concessional grounds.
The regulations themselves have not been changed, but Immigration’s policy on this point has been changed in February 2012. Assuming that Immigration applies the policy (which can only be expected), concessional applicants who succeed will now only get a further one year period, rather than the five year period which applied before.
The “one year period” is of course only a reference to the re-entry right. A person granted a 155 visa with a one year re-entry right can still stay in Australia permanently under that visa. The problem arises (depending on the timing) when they need to leave Australia, even if it is only for a few days.
To take an example, if a person was granted a one year 155 visa in March 2012, and then remained fully in Australia until April 2013, the one year “re-entry right” would have already expired. If that person then left Australia they would not have a visa entitling them to re-enter Australia. In effect, their permanent residence would be gone.
The question then rises, what does such a person do before leaving Australia? The answer will be to apply for yet another one year 155 resident return visa. Until they have reached the “two year point”, they will only be able to obtain one year visas – one year at a time. For a person who travels from time to time, whether for business or for holidays, the situation may well arise where they need to obtain a series of one year 155 visas merely in order to eventually become eligible to obtain a five year re-entry visa. Each time they apply for a further one year visa, they will have to once again “run the gauntlet”, demonstrating that their ties to Australia are sufficiently strong.
It is likely that these stricter rules will bring about a fair level of anxiety for permanent visa holders who do not currently satisfy the two year rule, and who are either currently living offshore, or needing to spend time offshore in the future. Such persons should consider seeking advice about their circumstances and future strategies.
For more information, please visit the Brett Slater Solicitor's website or call us on 02 8999 7608.
The information contained on this website and websites linked to this website (Brett Slater Solictors) does not constitute or comprise legal advice. You should seek legal advice from a solicitor before acting or relying on the Information.
Last updated 2 months ago
on Brett Slater Website
“During a period of eight years working in China we met and began a relationship with ten year-old orphan Wang Xiang (later named Deborah Ann Dousset). Deborah had been abandoned to the Chinese welfare system at three weeks of age. We began fostering Deborah in November 2005, a day after her 14th birthday.
Following two failed...
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Ray & Suzanne Dousset
