Note: The Au​stralian Government has in place COVID-19 travel restrictions regarding coming to, staying in, and leaving Australia. Go to the COVID-19 and the border page for further information and updates to Australia's immigration and border arrangements during the COVID-19 (Coronavirus) pandemic in a range of languages.

 

The Australian immigration process is often an emotional and difficult journey.

 

At Gerard Kell & Co, we can provide advice in a range of temporary and permanent visas, the general requirements of each visa, assess your eligibility to apply and assistance to prepare and lodge your visa application, work rights application, Administrative Appeals Tribunal submissions and Ministerial Interventions.

 

Why do people want to migrate to Australia?

 

Australian citizens have an absolute right to enter and remain in Australia while New Zealander and all other non-citizens require a visa to travel to enter and remain in Australia.

 

There are many reasons why so many people want to immigrate to Australia:

• Job offer/job opportunities

• Romance/marriage

• Family purposes

• Study/education

• Stay in Australia longer than their visa allows (whether that be work-related or not)

 

What is Australian migration law?

 

Australia's migration law is governed by the Commonwealth Migration Act 1958, the Migration Regulations 1994, various Legislative Instruments and Ministerial Directions.

 

The focus of Australian migration law has evolved from focussing on attracting migrants for the purpose of increasing Australia's population, to a focus on business migration - attracting migrants with the skills to meet the skilled labour needs of the Australian economy, family migration -  partner, children, parents and other family members, and refugee programs to address Australia’s various humanitarian and commitments.

 

Why should you use migration lawyer?

 

Migration lawyers benefit their clients and the public interest for several reasons:

• Qualifications - migration lawyers must meet minimum levels of legal education and typically have post graduate qualifications in migration law.

• Professionalism - migration lawyers are officers of the court and must meet legislative professional standards and participate in continuing legal education (CLE) programs.

• Legal professional privilege – clients using a migration lawyer are protected by legal professional privilege (confidentiality/non-disclosure) subject to a few exceptions.

• Specialisation - The law in this area is complex and changes often and requires specialist knowledge and attention to navigate through Australia's migration system.

• Compliance – like all lawyers, migration lawyers are subject to strong oversight by the Law Society of NSW,  have indemnity insurance and have access to a mechanism for redressing complaints.

 

Applying for a visa

 

The Migration Act and Regulations sets out the requirements for valid applications for visa. Essentially people will need to apply for the right type of visa, using the approved forms and method – electronically or paper-based, and pay the appropriate fee.

 

The application is then assessed against the individual essential elements, points test requirements if applicable and additional public interest criteria, such as character and health, requirements for the visa. You should take care not to provide misleading information in relation to any information you provide in support of your application. Processing time will be determined by factors such as quotas, quality of the application and staffing resources.

 

The Australian immigration process is often an emotional and difficult journey and the common reasons to seek advice from a migration lawyer include:

 

• What is a visa [More ...]

 

• Family violence [More ...]

 

• Character test (PIC 4001) [More ...]

 

• Health requirement  (PIC 4005, 4007) [More ...]

 

• Reviewing and appealing a decision [More ...]

 

• Citizenship [More ...]

 

At Gerard Kell & Co we can provide advice and assistance in a range of temporary and permanent visas, the general requirements of each visa, assess your eligibility to apply and assist you to prepare your application and ensure you have included all necessary documentation and then lodge your visa application.

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Additionally, if require the assistance because of situations such as a criminal record  in your home country, you are subject to immigration deportation proceedings, you are inadmissible for any other reason or just  encountering application delays, we can help you preparing submissions for Administrative Appeals Tribunal and Ministerial Interventions.

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If you or someone you know wants more information, help or advice on their family law concerns, please contact Gerard Kell & Co on 0412 4242 38 or email us at gerard@kellcolegal.com.au.