Newland Chase is dedicated to providing businesses and individuals with expert advice in all areas of immigration. We invest in the best talent to bring you immigration solutions customised to your needs across a variety of visa types, with our immigration consultants providing clear and practical solutions in Australia and globally through our 60+ offices around the world.
Newland Chase for Individuals
In today’s global marketplace, many individuals see the benefits of immigration and relocation overseas for themselves and their families. Getting the right advice, guidance, and assistance is vital to ensure a successful and pain-free relocation process. We have significant expertise in global immigration solutions for individuals, and we can support clients through the entire immigration process.
Newland Chase for Businesses
Our objective is to assist clients effectively move people into Australia and around the world. We combine this with a focus on reducing any risks of non-compliance and being flexible enough to meet business objectives and assignee needs. Our consultants provide exceptional support and guidance on the most complex of immigration matters by focusing on the following:
- Acting as a trusted business advisor to minimise your organisation’s exposure to financial penalties;
- Reducing the inconvenience and time spent transferring your assignees;
- Keeping your HR/Mobility teams fully informed at each stage of the process from initiation of a case to completion and being on hand for any follow-up queries once the assignee arrives in the host country; and
- Providing timely visa expiration reminders.
Newland Chase offers bespoke migration services to clients wherever in the world they are. Our services include:
In today’s economy, the global movement of employees has become an essential part of any business – thereby making migration compliance a top priority. Companies must maintain robust processes and systems to manage their migration and ensure compliance with the law. We can assist with the following:
Most companies and their staff are not prepared or trained for the array of issues that can arise as a result of international migration. We support our clients – from small business to large multinationals – in developing a comprehensive migration policy which clearly defines processes for employees and identifies the risks of non-compliance.
We will work with your HR and mobility team to understand the specific nature of your business and develop a management policy and training program that is efficient, consistent, and robust. The benefits of an effective corporate migration policy include:
- Assurance that your company has carried out the due diligence to ensure compliance with Australian migration laws;
- Streamlined processes resulting in faster visa applications; and
- Improved communication within the company and clear understanding of expectations from all parts of the business.
From reviewing policies already in place and making recommendations for improvements, to developing and implementing a complete management policy and training program, we will tailor our services to your requirements.
Immigration laws and policies around the world are constantly changing. The consequences of non-compliance or being in breach of immigration laws can include formal warnings, fines, suspensions or bars on sponsoring workers, cancellation of existing sponsorships, and reputational damage to the business as a whole.
The most common occurrences leading to non-compliance are simply not properly checking visa conditions and limitations for employees in Australia or sending workers to Australia with an incorrect visa type – both of which can have disastrous effects on the business and the employee.
In addition, if your business is a Standard Business Sponsor for working visas, there are a number of sponsorship obligations which must be met. The Department of Home Affairs, Border Force, and Fair Work Australia have the power to monitor SBS compliance during and up to five years after sponsorship. Monitoring can be undertaken through several methods – including formal written requests, site visits to the workplace with or without notice, and the sharing of information between government bodies.
Authorities have recently announced that they will “…proactively prosecute and name and shame offenders exploiting overseas workers and misusing the program“. Thus, it is critical that Sponsors ensure their compliance with their sponsorship obligations, including accurate reporting and record keeping. Due to the complexities of sponsorship requirements, it is imperative that employers have experienced and professional guidance. Newland Chase specialises in these services and has successfully guided thousands of businesses through these challenges.
Newland Chase Australia has access to a network of staff, expertise, and on-the-ground resources in 60+ offices in more than 20 countries – providing a truly global service for tourist and business visas to more than 130 countries.
Ensuring staff are able to travel on business where and when they are needed is key to running an efficient global business. Although the process of acquiring a visa in many foreign destinations may appear straightforward, there can be numerous unapparent pitfalls of which employees and businesses may be unaware. Whether tackling challenging local jurisdictions, or the unique particulars of an applicant, our experts identify and overcome potential obstacles. They can also provide experienced guidance on the often confusing question of what constitutes business travel as opposed to work in different jurisdictions – ensuring compliance with the immigration laws in the multiple countries where you may do business.
We provide services to corporate and institutional clients in the areas of skilled and professional permanent migration and long-stay temporary residence visas for employment in Australia. Our clients come from all industry sectors, from ICT to mining, and include Australian government authorities and educational institutions.
The TSS (Subclass 482) visa program has been in place since March 2018 (replacing the 457 visa program) and enables skilled foreign nationals to work in Australia for periods of up to two (2) or up to four (4) years, depending on the occupation.
There are three steps involved in the visa application under this program:
- The business applies to become a Standard Business Sponsor.
- The business nominates a position and names the person they intend to employ.
- The employee/applicant lodges a visa application demonstrating they have the skills for the nominated position.
Step 1: Standard Business Sponsorship (SBS)
In order to be approved as a sponsor, the business will need to first demonstrate that it is actively and lawfully operating, and that no adverse information is known about the business.
A Standard Business Sponsorship is valid for 5 years from the date of approval. Once approved, the business is then eligible to nominate an unlimited number of applicants until the SBS expires.
As an approved sponsor, the business is obliged to abide by the relevant sponsorship requirements. These sponsor obligations are wide reaching and aim to ensure that overseas workers are not disadvantaged.
Accredited Sponsorship Status
Sponsors who qualify for accredited status will receive priority processing of all TSS nomination and visa applications. In addition to application for sponsorship in order to qualify as an accredited sponsor the business must show that they meet additional requirements relating to the percentage of Australian employees in its workforce, turnover, usage of the 457/TSS program, and that they have wages set in accordance with an Enterprise Agreement or an internal salary table that reflects the current market salary rates
Step 2: Nomination
In this second step, the business nominates the position being offered, identifying an occupation from one of the skilled occupation lists. The nominated position must align with the ANZSCO description of the occupation, meet any ‘inapplicability’ conditions or caveats, and be evidenced as genuine within the business. The nomination application also requires that the sponsoring business has tested the Australian labour market (see Labour Market Testing section below) to demonstrate that a suitable Australian citizen or permanent resident is not available to fill the position. The annual earnings (excluding superannuation) to be paid for the nominated position must be at least equivalent to the Annual Market Salary Rate (AMSR), and no less than the Temporary Skilled Migration Income Threshold (TSMIT) of currently $53,900 annually.
Labour Market Testing
Standard Business Sponsors are expected to have tested the Australian labour market by advertising the position being offered through a number of nationally recognised media. At least two separate advertisements – either in two different medium or the same medium with two different time periods – must have been ‘live’ for at least four (4) weeks within the four (4) months immediately prior to lodging the nomination. The ads must contain the position title, a description of the role, and the salary or salary range for the position. Note that there are some exemptions to Labour Market Testing based on International Trade Obligations, and in some limited cases, ‘alternative evidence’ may be suitable to fulfill this requirement.
Skilling Australians Fund
A Skilling Australians Fund (SAF) levy is payable for each nomination under the TSS program in the amounts as follows:
- For businesses with an annual turnover of less than AUD 10 million, an upfront payment of AUD 1,200 per nominee, per year of intended employment; or
- For businesses with an annual turnover of more than AUD 10 million, an upfront payment of AUD 1,800 per nominee, per year of intended employment.
The revenue raised from these payments will go towards the training of Australian workers. Please note the SAF levy has replaced the previous training obligation for Standard Business Sponsors.
There are two relevant occupation lists for 482 visas:
- Medium- Long Term Strategic Skills List (MLTSSL) – Allows for a maximum of a four (4) year visa, with multiple renewals and a pathway to permanent residency; and
- Short-Term Skills Occupation List (STSOL) – Allows for a maximum of a two (2) year visa, with one onshore renewal and no pathway to permanent residency.
The selected occupation affects the ‘stream’ in which the visa applicant applies, and sets the length of the visa that can be granted. It will also set the Skilling Australian Fund levy amount to be paid by the nominating business.
Step 3: Visa Application
The third and final step in the application process is the completion of the visa application on behalf of the employee. All visa applicants must be able to demonstrate that they have the skills, qualifications, and/or employment experience to perform the nominated position – as well as meet additional criteria, including:
- At least two (2) years of recent work experience in the nominated occupation or a related field;
- English language proficiency;
- Health and Character requirements; and
- For the Short-term stream (occupations on the STSOL) – demonstrating that they are a ‘genuine temporary entrant’ only intending to stay in Australia on a temporary basis.
Employer Nomination Scheme (ENS) visas and Regional Skilled Migration Scheme (RSMS) visas allow Australian employers to fill skilled positions with skilled overseas workers on a permanent basis where they cannot fill the skilled vacancies from the Australian labour market. Both ENS and RSMS applications require nomination by the sponsoring business and a visa application by the nominee proposed to fill the position.
The nomination application is lodged by the sponsoring employer and requires evidence to illustrate that the business is actively and lawfully operating and is financially viable enough to employ the nominee for at least two (2) years on a permanent basis. The nominated position must be a genuine position within the business, be on the Medium-Long Term Strategic Skills List (MLTSSL), and must be paid a suitable ‘market rate’ not less than the Temporary Skilled Migration Income Threshold (TSMIT) of currently AUD$53,900 annually.
Two main streams are offered under the ENS and RSMS visas:
- Temporary Residence Transitional (TRT) – is available where the nominated occupation is on the Medium-Long Term Strategic Skills List (MLTSSL) and the applicant has worked with a sponsoring employer in their nominated occupation under a 457/TSS visa for at least 3 years**; or
- Direct Entry is available where the nominated occupation is on the Medium-Long Term Strategic Skills List (MLTSSL) and the applicant has not necessarily worked in Australia already.
** 457 Visa Grandfathering Provisions: There are special transitional or ‘grandfathering’ provisions for applicants who held or had applied for and subsequently received the former 457 visa as of 18 April 2017. Applicatns in this cohort are able to apply for an ENS or RSMS visa through the TRT stream after 2 years with their nominating employer up until their 50th birthday. This special provision is only available until March 2022.
Skilling Australians Fund
A Skilling Australians Fund (SAF) levy is payable for each nomination under the ENS program in the amounts as follows:
- For businesses with an annual turnover of less than AUD 10 million, an upfront, one-time payment of AUD 3,000 per nomination; or
- For businesses with an annual turnover of more than AUD 10 million, an upfront, one-time payment of AUD 5,000 per nomination.
The revenue raised from these payments will go towards the training of Australian workers. Please note the SAF has replaced the previous SBS obligation to meet training benchmarks.
The visa applications for ENS and RSMS assess the applicant’s qualifications and work experience against the relevant criteria. While criteria for both streams (TRT or Direct Entry) differ, the common criteria include:
- Main applicant is less than 45 years of age;
- English language proficiency; and
- Health, and Character requirements.
Direct Entry stream applicants additionally must have a positive skill assessment for the nominated occupation and at least a minimum of three (3) years work experience in the nominated occupation. However, there are limited exemptions from these requirements. Among them are:
- Holders of a Subclass 444 Special Category visa or Subclass 461 NZ Citizen Family Relationship visa can access a skill waiver through the Direct Entry stream if they have worked for their nominating employer for at least 2 years in their nominated occupation.
- There are also some exemptions to the skill and age requirements available under the Direct Entry stream for certain occupations.
- Note that health requirement waivers are not available via this stream.
Temporary Residence Transition stream applicants additionally must have worked for their nominating employer for a minimum of three (3) years on a 457 or TSS visa in the nominated occupation. However, there are limited exemptions from these requirements. Among them are:
- There are some exemptions to the age and English language proficiency requirements available in certain circumstances.
- Note that health requirement waivers are available via this stream.
The Subclass 400 visa is available for highly skilled individuals to work in Australia for up to three (3) months or six (6) months. The work to be undertaken must be short term only and require highly specialised skills not generally available in Australia. The Subclass 400 visa can assist Australian employers to mobilise overseas skills with relative speed in order to leverage global knowledge and facilitate the delivery of business objectives.
The applicant must be outside Australia at the time that the application is made and decided, must be invited by an Australian business to undertake the specialised work in Australia. The applicant must provide evidence of their specialist skills and employment in their home country and meet all biometric, health, and character requirements.
General Skilled Migration visas provide pathways for skilled people to apply for migration to Australia without the sponsorship of an employer or close family members. Finding the right pathway can be complex and mistakes in the application process can be both costly and stressful. Our immigration specialists have the expertise to provide an assessment of your options and to steer you through the process of obtaining your visa and a new life in Australia.
There are three basic streams under the General Skilled Migration program. These three streams include:
- Skilled Independent (Subclass 189);
- Skilled Sponsored (Subclasses 190 and 489); and
- Graduate (Subclass 485).
This visa is a permanent visa for skilled people under 45 years of age and who are not sponsored by a family member, employer, or state or territory government. To apply for this visa, applicants must receive an invitation to lodge a visa application, have a positive skills assessment for an occupation on the Medium and Long Term Skills Shortage List (MLTSSL), and score at least 65 points on a points test. Points can be given for:
- English language proficiency;
- Qualifications and work experience;
- Study in Australia or completion of a professional year in Australia in certain occupations;
- Partners who are also skilled; and
- Skills translating another language into English.
The application process starts with gathering the documentation to show that you meet the points test. Next you need to lodge an Expression of Interest (EOI) online and wait for an invitation to apply for a visa. Invitation rounds are held once each month in which people are selected based on their points, occupation, and time the EOI was lodged. These rounds are computer generated; there is no in-depth assessment of your claims for points until after the application is lodged.
If you are invited to apply for a subclass 189 visa, you will have 60 days to lodge the application. Applicants cannot change any information they provided in the EOI after they have been invited. Therefore, it is important to ensure that you have the evidence to support your claims for the points you have been allocated.
There is also a designated pathway for New Zealand citizens living in Australia to apply for a Subclass 189 visa. NZ citizens already living in Australia have no age limit, no requirement to lodge an EOI, and no points test. As an invitation is not required, the visa can be applied for without need of first lodging an EOI. To qualify under this pathway, the NZ citizen must have been usually resident in Australia for a continuous period of five (5) years immediately prior to the date of application and must have commenced that period of usual residence on or before 19 February 2016. Applicants must also have tax assessment notices that shows a taxable income of at least a specified amount in the five (5) years immediately prior to the date of application.
Subclass 190 visas are permanent visas for skilled people under 45 years of age and who are sponsored by a State or Territory of Australia. To apply for this visa, applicants must be nominated by a state or territory to receive an invitation to lodge a visa application. You must have a positive skills assessment for an occupation on the either the Medium and Long Term Skills Shortage List (MLTSSL) or the Short Term Skilled Occupation List (STSOL), and your occupation needs to be on the particular State or Territory list of needed occupations from which you are seeking nomination. There may also be additional State or Territory specific requirements needed to receive the nomination.
Similar to the Subclass 189 visa, applicants must score at least 65 points on a points test. In addition to the points criteria listed above for the Subclass 189 visa, applicants can receive an additional five (5) points for the State nomination.
Subclass 489 visas are State nominated temporary visas. This visa is valid for four (4) years and requires that you live in a certain region of Australia for at least two (2) years and work full time in the region for at least twelve (12) months during those two years. Once applicants meet these criteria, there is a pathway to a permanent visa under Subclass 887.
The application process and requirements for the State nominated subclass 489 visa are similar to those for the Subclass 190 visa, including the points test, but you can receive an additional ten (10) points for the State nomination.
The subclass 489 visa also has a family sponsored pathway if the applicant has a family member living in a designated area of Australia. Family members can include first cousins, aunts, and uncles. You must have an occupation on the MLTSSL to apply, and like the Subclass 189 visa, you need to receive an invitation as part of the monthly invitation rounds before applying for this visa.
This visa is for international students who have recently graduated from an Australian education institution. The 4856 visa allows you to live, work, and study in Australia temporarily after you have finished your studies. There are two streams under this visa – (1) a Graduate Work Stream (valid for 18 months) and (2) a Post Study Work Stream (valid for 2 to 4 years, depending on your course of study).
There are common application requirements for both streams as well as some requirements that are specific to each stream. The common criteria are that you are already in Australia and:
- Younger than 50 years of age;
- Held an eligible student visa within the last 6 months;
- Meet the Australian study requirement;
- Meet the English language requirement; and
- Have adequate health insurance.
In addition to the common criteria, under the Graduate Work Stream, you must have:
- Applied for a skills assessment of an occupation that is on the Medium and Long Term Skills Shortage List (MLTSSL) at the time of application; and
- Undertaken study in Australia that is relevant to your nominated occupation.
In addition to the common criteria, under the Post Study Work Stream, you must have:
- Undertaken study in Australia at least a Bachelor Degree level; and
- Applied for your first student visa after 5 November 2011.
There are a range of Family visa options which are subject to different requirements, conditions, and validity periods. Many find trying to determine which visa is most suitable to their circumstances to be time consuming and frustrating. Our immigration specialists discuss your migration plans and help determine the best way to unite or reunite you with family in Australia.
Partner visas allow individuals in relationships with Australian Citizens, Australian Permanent Residents, or Eligible New Zealand Citizens to be sponsored for a visa to live in Australia. There are three different types of Partner visas:
- Partner (Marriage) visas– Where the applicant is legally married to the sponsor;
- Partner (De Facto) visas – Where the applicant is in a de facto relationship with the sponsor – i.e. living together like a married couple for a period of at least twelve (12) months immediately prior to lodging the application. (Note that this twelve month period may be waived if the relationship has been registered as a Civil Union or Partnership – currently recognised in Queensland, Australian Capital Territory, New South Wales, Victoria, and Tasmania only); and
- Prospective Marriage (Fiancé) visas – Where the applicant is engaged to be married to their sponsor, have personally met once they both are over 18 years of age, and are legally able to marry.
Note that same-sex marriage is now recognised in Australia, and same-sex couples are able to apply for Partner (Marriage) and Prospective Marriage (Fiancé) visas.
Partner applications esstentially follow a two stages process:
- A temporary visa is granted first, with full work and travel rights and access to Medicare.
- Two years after applying for the temporary visa, a Permanent Residency visa is processed (unless special circumstances apply). If the relationship ends before the two years, the permanent application may not be approved unless certain circumstances apply.
Note that Fiancé visas have an extra stage where the first application is lodged outside Australia. Once granted, applicants have nine (9) months to enter Australia, marry their sponsor, and then lodge the Partner (Marriage) visa application.
All partner applications are judged on the ‘genuineness’ of the relationship. Applicants are required to prove that they are in a long term, committed relationship with their sponsor. This is done by providing documentation showing that they have a shared life and mutual commitment, covering four areas of assessment:
- Financial aspects of relationship – i.e. sharing of funds and assets;
- Shared household – i.e. living together;
- Social aspects – i.e. family and friends recognising the applicant and sponsor as a couple; and
- Nature of the commitment – i.e. how the couple view the relationship and their plans for the future.
Note that Fiancé visa applicants are not expected to show evidence of a shared household but any documentation they have would strengthen an application.
Parent visas are for parents who wish to migrate to Australia to be with their children. The application must be sponsored by one of their children, and the child must be an Australian citizen or permanent resident who is settled in Australia. To be eligible for a Parent visa, applicants must meet what is called the ‘Balance of Family‘ (BOF) test. This means applicants must have:
- At least half of their children living in Australia as Permanent Residents or Australian Citizens; or
- More of their children living in Australia as Permanent Residents or Australian Citizens than living in any other single country.
In calculating an applicants’ total number of children, all children of the applicants are counted, including children of previous relationships of either applicant.
There are two pathways to apply for a Parent visa;
- Standard Parent (non-contributory) – This pathway has a low second Visa Application Charge but has long application processing times.
- Contributory Parent – This pathway has a high second Visa Application Charge but has shorter application processing times
Retirement Visa Holder Pathway
From 17 November 2018, the Government implemented a new pathway to permanent residency for certain Subclass 410 Retirement Visa and Subclass 405 Investor Retirement visa holders. This is through the Parent visa streams, and does not require applicants to meet the BOF test or to have an Australian sponsor. Applicants must still meet the standard health and character requirements, and the second Visa Application Charge is still payable.
Child and Adoption visas allow parents to sponsor their child for a permanent visa. This usually occurs when a child is born overseas or adopted overseas by an Australian permanent resident.
Orphan Relative visas allow eligible relatives in Australia to sponsor children who have no parents or their parents are unable to care for them.
New Zealand Citizen Family Relationship visas allow New Zealand Citizens in Australia to sponsor their partners and family members.
Other visas in this category include Carer visas, Aged Dependent Relative visas, and Remaining Relative visas.
In today’s global marketplace, many individuals are increasingly discovering the benefits of migration and relocation overseas for personal and business goals. Getting the right advice, guidance, and assistance is key to ensuring a successful and pain-free relocation process. Our immigration specialists have significant expertise in global migration solutions for business people and investors, and we can support clients through the entire migration process.
This visa is a provisional visa that allows people to move to Australia to engage in a business or investment activities in Australia.
There are five different streams under the Subclass 188 visa program, commonly referred to using a letter after the subclass number. These five streams include:
- Business Innovation Stream (188A):
- Investor Stream (188B):
- Significant Investor Stream (188C):
- Premium Investor Stream (188D); and
- Entrepreneur Stream (188E).
There are also two extension streams for the 188A and 188C visas that allow the visa holder to extend the time on the provisional visa before they are required to meet the criteria for the permanent visa.
To apply for one of these visas, applicants must lodge an Expression of Interest (EOI) and receive a nomination by a State or Territory government (or by Austrade for the 188C or 188D) before an application for the visa may be lodged. In addition to the standard criteria, the nominating body may have additional requirements that must be met before they are willing to nominate you.
Business Innovation Stream visas allow applicants to hold provisional visas for four (4) years and progress to a permanent visa (Subclass 888) after two (2) years of managing a business in Australia. During the two years, the applicant must spend at least 12 months in Australia. The standard criteria for the Subclass 188A visa include:
- Applicant must be less than 55 years of age (unless the requirement is waived by the nominating state or territory);
- Score of at least 65 points in the Business Skills points test;
- Ownership interest in, and direct management of, one or two businesses that have at least an annual turnover of AUD 500,000 for two of the last four years;
- Personal and business assets totalling at least AUD 800,000; and
- Intention to hold an ownership interest and be involved in the management of a business in Australia.
Business Investor Stream visas allow applicants to hold provisional visas for four (4) years before the applicant can progress to a permanent visa (Subclass 888). During the four years, the applicant must spend at least two (2) years in Australia. The standard criteria for the Subclass 188B visa include:
- Applicant must be less than 55 years of age (unless the required is waived by the nominating state or territory);
- Score of at least 65 points in the Business Skills points test;
- Applicant is a successful business owner or investor;
- At least 3 years’ experience managing eligible investments or businesses;
- At least 10% ownership in a business or have at least AUD 1.5 million in eligible investments for one year out of the past five years;
- Net business and personal assets of AUD 2.25 million for the last two years; and
- Investment in state or territory government bonds of AUD 1.5 million for 4 years.
Business Significant Investor Stream visas allow applicants to hold provisional visas for 4 years before the applicant can progress to a permanent visa (Subclass 888). During the four years, the applicant must spend at least 40 days in Australia. The standard criteria for the Subclass 188C visa include:
- Net assets of at least AUD 5 million and evidence that the funds are lawfully acquired and are able to be transferred; and
- Complying investment in Australia of at least AUD 5 million for four (4) years. That investment must consist of:
- AUD 500,000 in venture capital funds;
- AUD 1.5 million in emerging company investments; and
- AUD 3 million in other managed investment funds (no more than 10% of which can be in residential property).
Business Premium Investor Stream visas allow applicants to hold provisional visas for 12 months before the applicant can progress to a permanent visa (Subclass 888). The standard criteria for the Subclass 188D visa include:
- Net assets of at least AUD 15 million and evidence that the funds are lawfully acquired and are able to be transferred;
- Complying investment in Australia of at least AUD 15 million for four (4) years. That investment must consist of:
- Australian stocks;
- Australian government bonds;
- Corporate bonds;
- Property (excluding residential property); and
- Government approved charity contribution.
Entrepreneur Stream visas allow applicants to hold provisional visas for four (4) years before the applicant can progress to a permanent visa (Subclass 888). The standard crietia for the Subclass 188E visa include:
- Applicant must be less than 55 years of age (unless a state or territory determines the applicant’s activity will have exceptional economic benefit to the state or territory);
- Competent English language fluency;
- Undertaking or proposing to undertake a complying entrepreneur activity (defined as an innovative idea for a product or service that will be developed and commercialised in Australia);
- At least AUD 200,000 in funding from a specific entity under a legally binding agreement (at the time of the agreement, the applicant must hold at least 30% interest in the activity); and
- Business plan in place detailing how the idea will lead to the development of the product or service in Australia.
This is a permanent visa that can be applied for upfront without having to spend time in Australia on a provisional visa. It requires applicants to first be nominated by a state or territory government before being invited to apply for the visa. There are two streams to the Business Talent Visa – (1) the Significant Business History Stream and (2) the Venture Capital Entrepreneur Stream.
To apply for the Significant Business History Stream, you must:
- Have an ownership interest in a business that for two (2) of the last four (4) years had an annual turnover of at least AUD3 million;
- Be 55 years of age or less (unless nominating state or territory determines exceptional economic benefit);
- Have net assets in a business totalling at least AUD 400,000;
- Have net personal and business assets of at least AUD 1.5 million; and
- Have the genuine intention to establish or participate in a business activity in Australia.
To apply for the Venture Capital Entrepreneur Stream, you must:
- Have obtained AUD 1 million in venture capital funding do develop a business idea;
- Have entered into a formal agreement with a venture capital firm and meet the requirements of the agreement once you have entered Australia; and
- Have a genuine interest in developing and maintaining the business or investment.
Permanent resident visa holders have the option to ‘extend’ their residency through a Resident Return Visa (RRV) or to apply for Australian Citizenship. It is also possible to apply for Citizenship by decent for children of Australian citizens who are born overseas.
Permanent Residency is a status that entitles a person to remain in Australia indefinitely. The Permanent Residency visa is simply a travel authority that allows the holder to travel in and out of Australia for up to five years. If the holder is in Australia when the Permanent Residency visa expires, they are still permanent residents. If they never left Australia, they would never need another visa.
However, if the holder of a Permanent Resident visa is overseas when the visa expires, their permanent residency has ceased. Therefore, if they want to continue to travel overseas as an Australian permanent resident after their visa expires, they must apply for a Resident Return Visa (RRV).
To qualify for a five (5) year RRV, applicants must have been physically in Australia for at least two (2) years of the five (5) years immediately before applying. Note that the time spent in Australia is cumulative – i.e. multiple stays equalling two years is sufficient.
However, if applicants cannot show a full two years of residence, they may be eligible to apply for a one (1) year RRV if they can demonstrate that they have ‘substantial ties’ to Australia. Substantial ties can include family, property ownership, employment, friends, and business connections in Australia. Applicants must also demonstrate that they have spent some time in Australia since the grant of their permanent residency – ideally, at least a few months of residence.
In order to be eligible for Australian Citizenship, applicants must:
- Be permanent residents at the time of application and at the time of decision;
- Meet the in-country residence requirements (see below);
- Satisfy authorities that they are of good character;
- Have a basic knowledge of the English language, tested through interview or by the Citizenship test;
- Have an adequate knowledge of the responsibilities and privileges of Australian citizenship; and
- Intend to reside in or maintain a close and continuing association with Australia.
Applicants are required to meet a number of residence requirements, including;
- Twelve (12) months as a permanent resident; and
- Being lawfully resident in Australia for four (4) years immediately prior to lodgement; and
- Cumulative absences from Australia being no more than a total of twelve (12) months in the last four years and not more than 90 days in the twelve (12) months immediately before applying.
For the purposes of calculating the time in residence, time spent on temporary visas (i.e. Student, Working Holiday, Tourist, Bridging Visa) prior to grant of permanent residency is counted. Note also that there are very limited discretions whereby periods of residence not usually counted due to administrative error, service in the military, or elite sporting organisations may be counted toward the residency requirement.
In the event that a visa application is refused or a visa cancelled, there may be options to review and appeal the decision by way of the Administrative Appeals Tribunal and Ministerial Intervention, or by applying for revocation of the cancellation.
Newland Chase has successfully appealed hundreds of applications and understands the procedures and processes of the tribunal and Minister. We guide clients through the steps to lodge their appeals and submit the most appropriate documentation for their case. We also assist our clients in preparing for a hearing if required.
The Administrative Appeals Tribunal (AAT) has now assumed the functions of the previous Migration Review Tribunal, Refugee Review Tribunal, and Social Security Appeals Tribunals. It conducts independent reviews of the merits of administrative decisions made under Commonwealth law. It reviews decisions made by Australian Government ministers, departments, and agencies and, in limited circumstances, decisions made by state government and non-government bodies. The AAT takes a fresh look at all of the facts, law, and policy relating to the decision and arrives at its own decision. To this end, it has the power to:
- Affirm a decision;
- Vary a decision;
- Set aside a decision, and substitute a new decision; or
- Remit a decision to the decision-maker for reconsideration.
If the AAT affirms the decision that a visa application was rightfully refused, then there may be the option to appeal directly to the Minister of Immigration to intervene in a case. If the Minister chooses to intervene, they have discretion to grant any visa they see fit.
If a visa has been cancelled by authorities while you are in Australia, you may be able to apply for revocation of this decision. However, strict timeframes apply. It is imperative that an application is made within 28 days of a cancellation decision. Once this period has elapsed, there are few options available after. Note that revocation applications require detailed legal submissions and supporting documentation, so it is critical to engage a representative that has experience in this area for assistance.
The Office of the Migration Agents Registration Authority (OMARA) regulates the conduct of Registered Migration Agents Australia wide. All of our Australian consultants are registered with the Migration Agents Registration Authority (MARA) and are bound by the agent’s Code of Conduct. Our Consultants are also members of the Migration Institute of Australia (MIA), the leading professional association for migration agents in Australia.
Our team of 30 Australian immigration consultants have both in-house and client advisory experience and come from a combination of backgrounds including consulting firms, ex-Government and industry as well as private practice. We provide clients with a dedicated core team with in-depth technical skills and knowledge to cover the area of expertise required for their business.
Consultants You Can Trust
The foundation of our practice is built on our responsiveness, our comprehensive advice and the high touch service we provide to our clients. Every Newland Chase Australia Consultant is a registered Migration Agent with the Office of the Migration Agents Registration Authority (MARA) and is a member of the Migration Institute of Australia (MIA).
The Newland Chase Australia Team
Managing Director, Australia / RMA: 9576974
As Managing Director of Australia, Michael Wall leads the firm’s business development, client management and service delivery in Australia. A highly sought-after proven leader in the specialty immigration industry, Michael has over 15 years in leadership roles within the immigration practices of the Big Four accounting firms. His most recent role saw him lead the national practice of a Big Four accounting firm where he oversaw a significant restructure of their practice and successfully led and won some of Australia’s largest immigration tenders. In each of his leadership tenures, he successfully increased revenue and performance of top industry firms. A Registered Migration Agent, Michael has been in the immigration industry for more than 20 years, taking his first position out of university as a corporate immigration consultant. He graduated from the University of Western Sydney, Macarthur with a Bachelors of Business in Economics and Finance.
National Client Services Manager, Australia / RMA: 0534021
As a Client Services Manager, Catherine excels in building strong client relationships and developing a strategic approach to support their needs. Catherine is an experienced Australian corporate immigration professional who began her career with the Australian Immigration Department in the UK. Prior to joining Newland Chase, she worked as an Australian immigration advisor for a number of top tier global immigration firms, assisting and providing expert advice and strategy to some of Australia’s largest businesses and institutions. With over 18 years’ experience, Catherine has a passion for helping clients of all sizes to navigate the complexities of immigration law. Cath holds a Bachelors (Honours) in Communication Studies from The University of Glamorgan.
Director, Operations / RMA: 9902581
Jacinta manages the Newland Chase Melbourne office. She leads a team of 20 multinational immigration consultants working with an international customer base including some of Australia’s largest businesses, educational institutions, and government departments as well as individual clients. Jacinta is a renowned expert with particular expertise in migration legislation and she manages and advises some of the company’s largest clients. Her expertise covers temporary and permanent visa programs including Temporary Work (Skilled) visa (subclass TSS(482)), Occupational Trainee, Employer Nomination Scheme, Skills Select and Family Migration with a particular focus on parent visas. Jacinta provides effective leadership to the rest of the Melbourne team to ensure effective communication between the client, visa applicant and the Newland Chase team. Jacinta joined the team in 1998 and is an economics graduate of La Trobe University.
Immigration Director, Australia / RMA: 0003187
As Immigration Director of Australia, Helen Duncan leads the firm’s extensive corporate immigration practice in Australia. With more than 30 years’ experience, Helen is a recognized expert on corporate immigration in Australia and consults with many of the world’s largest corporations on their Australia operations. After beginning her career in the Australian Immigration Department, Helen founded a successful migration consultancy which was eventually acquired by Newland Chase. In addition to her position as Director, Helen served as a Lecturer in the Graduate Certificate of Migration Law and Practice program at the Australian National University of Law. She is a graduate of The University of Queensland with dual Bachelors in Geography and Mathematics and Demography and Population
Senior Immigration Consultant / RMA: 0634959
As an Immigration Consultant, Seán Clancey specialises in all categories of Australian visas, including: Employer Sponsored Visas (permanent and temporary), Business and Visitor Visas, Student Visas, Family and Skilled (GSM) Visas – including Skills Assessment, State Sponsorship, and Expression of Interest (Eol). A Registered Migration Agent for almost 25 years, Seán has also handled a range of Administrative Appeals Tribunal (AAT) Review Applications. He is a frequent expert speaker on Australian migration, having presented seminars in China and at numerous universities in Australia. Seán is a graduate of The University of Melbourne with a Bachelors (Hons.) in Political Science.
Senior Immigration Consultant / RMA: 0427769
As Senior Immigration Consultant, Philip Duncan specialises in all aspects of Australian corporate immigration for large corporation employee migration programs – including labour agreements, compliance, and complex reviews. A Registered Migration Agent for 15 years, Philip also previously practiced as a Barrister. Prior to joining the company, he served as Director of Immigration Services for the Brisbane office of one of the “Big Four” accounting firms. His international business career also includes serving in Canada, United States, and Chile as Australian Trade Commissioner. Philip lectured in the Graduate Diploma in Migration Law and Masters of Law programs for the Australian National University and is a frequent presenter in professional development courses for migration agents and lawyers. He is a graduate of The University of Queensland with a Bachelors of Law (LLB) and Bachelor of Economics (B.Econ).
Senior Immigration Consultant / RMA: 1462173
As Senior Immigration Consultant, Hamish Martin specialises in Employer Sponsored Visas (temporary and permanent), Standard Business Sponsorship, Labour Agreements, and business sponsorship requirements and compliance. Both a lawyer and a Registered Migration Agent, Hamish has a wide range of experience handling and providing consultation on temporary and permanent employment-based immigration solutions for company workforce needs. Hamish was admitted to the bar of the Supreme Court of Queensland in 2013. He is a graduate of the University of Southern Queensland with a Bachelors of Laws (LLB), with a Graduate Diploma of Legal Practice from The Australian National University.
Senior Immigration Consultant / RMA: 1278722
As Senior Immigration Consultant, Tali Nassau specialises in Australian corporate immigration services, managing the employer sponsored visas cases for corporate clients in such varied industry sectors as recruitment, education and research, information technology and engineering. Prior to joining the company, Tali worked in various HR roles in industry and academia. She brings that strong grasp of real world business workforce challenges and internal compliance processes to advising companies on best practices for their foreign employees. Tali is a graduate of La Trobe University with a Bachelors in Behavioural Science, a Graduate Diploma in Business Studies (Human Resource Management) from La Trobe University, and a Graduate Certificate in Australian Migration Law and Practice from Victoria university.
Senior Immigration Consultant / RMA: 1460786
As Senior Immigration Consultant, Ben Reid specialises in all aspects of Australian corporate immigration for some of the company’s largest corporate clients in a variety of industries. Ben advises clients across various employer sponsored visa programs, including: Employer Nomination Scheme, Regional Sponsored Migration Scheme, Labor Agreements, Standard Business Sponsorship, and Temporary Activity Sponsorship. He is a Registered Migration Agent with now more than a decade of experience in Australian immigration. Ben is a graduate of Deakin University with a Bachelors in Commerce and a Graduate Certificate in Immigration Law from Victoria University.
Senior Immigration Consultant / RMA: 1276126
As a Senior Immigration Consultant, Esther Taft specialises in Employer Sponsored visa categories, including Temporary Skills Shortage visas (subclass 482) and the Employer Nomination Scheme (subclass 186). A Registered Migration Agent now for seven years, Esther also has extensive experience in General Skilled Migration and the Partner, Parent, and Visitor visa subclasses. Prior to joining the company, she had more than a decade of corporate HR administration experience across a variety of functions, including financial services, sales, marketing, manufacturing, and distribution. Esther is a graduate of the University of Melbourne with a Bachelors in Criminology and Politics, a Diploma in Business (HR Management), and a Graduate Certificate in Migration Law.
Migration Consultant / RMA: 1790465
As a Migration Consultant for Newland Chase, Rajveer Kaur is an Australian Regulated Migration Advisor (RMA 1790465) with extensive case processing and management experience. Rajveer has over 10 years’ experience in the Australian Vocational Education Training (VET) and Higher Education sector. Prior to joining the company, she worked as a qualified vocational trainer and assessor and successfully managed a team of 20 trainers, assessors, and administrative staff as a Training Coordinator. Rajveer holds a Masters of Business in Hospitality Management from Victoria University and a Bachelors of Hospitality and Hotel Administration from the Institute of Hotel Management, as well as a Graduate Certificate in Australian Migration and Practice from Victoria University.
Jessie (Yijia) Xu
Migration Consultant / RMA: 1575062
As a Migration Consultant for Newland Chase, Jessie Xu is an Australian Registered Migration Agent (RMA 1575062) supporting corporate and business clients to fill skill shortages and introduce new talent to Australia. Since beginning work in the migration industry in 2014, Jessie has continually expanded her skill set into multiple visa classes. Her fluency in English and Mandarin Chinese allows her to assist a broad range of companies and assignees. Jessie is a graduate of the University of Melbourne with a Bachelors of Commerce and holds a Graduate Certificate in Australian Migration Law and Practice from Victoria University.
Bongkosh “Bec” Baird
Immigration Consultant / RMA: 1801878
As an Immigration Consultant, Bec Baird specialises in managing Australian Family Visa cases. Bec also assists with submissions for character and AAT appeals. A lawyer by profession, she served as legal counsel to government agencies and private corporations in the communications, technology, and banking sectors in Thailand and Singapore for almost two decades before joining Newland Chase. Bec is a Registered Migration Agent in Australia. She is a graduate of King’s College, University of London with a Master of Laws (International Business) and Thammasat University with a Bachelors of Laws. Additionally, Bec holds Graduate Certificates in Australian Migration Law from Australian National University, Canberra and in Applied Finance from Queensland University of Technology.
Australia’s migration laws are complex and constantly changing. With our unmatched experience, knowledge, and know-how we will guide clients through the entire process – supporting companies and individuals each step of the way.
At the core of our leadership team are several former senior managers and officers of the Australian Department of Immigration with experience across the operational, policy, and secretariat areas of the Department.
Our team members bring a wealth of knowledge from backgrounds outside of immigration as well – with real world experience in such diverse areas as hospitality, law, economics and commerce, human resources, manufacturing and distribution, and education. This experience allows us to better understand our clients’ needs and provide relevant advice and support for businesses. In addition, many of our team members are migrants themselves and truly empathise with the immigration experience.
In addition to English, a number of our team members can communicate with clients in their native languages – such as Mandarin, Thai, Italian, Spanish, Russian, Urdu, and Hindi.
Every member of our Australian team has a commitment to the Migration Agents Registration Authority (MARA) Code of Conduct, which forms the professional and ethical standards required of our consultants and employees. We are also members of the Migration Institute of Australia (MIA), a body of Registered Migration Agents who aspire to the highest level of ethics and participate in all matters to do with the migration industry in Australia. Our consultants are actively involved in the MIA, including serving as elected representatives on their relevant State’s committees.
Our commitment to continuous learning and training means that our consultants can provide expert advice and assistance with up-to-date knowledge and skills. In recognition of our strong training programs and skilled educators, we have been authorised as a Continuing Professional Development training provider for Migration Agents.
We are passionate about our core values of Expertise, Service Excellence, Integrity, Teamwork, and Global Diversity.
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