Newland Chase provides clients with a deep expertise in all areas of Australian Migration as well as effective advice wherever in the world our clients undertake their business. We invest in the best talent to bring you immigration solutions customised to your business needs including Temporary and Permanent Sponsored Visas. Our immigration consultants provide clear and practical solutions in Australia and globally through our 60+ offices around the world.
At Newland Chase, our objective is to assist you to effectively move people into Australia and around the world. We combine this with a focus on reducing your exposure to any risk of non-compliance and being flexible enough to meet your business and assignee’s needs.
Our consultants provide exceptional support and guidance on the most complex of migration 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.
- Providing timely visa expiration reminders
All of our Australian consultants are members of the Migration Institute of Australia (MIA) and registered with the Migration Agents Registration Authority (MARA). The Office of the Migration Agents Registration Authority (OMARA) regulates the conduct of Registered Migration Agents Australia wide. As Registered Migration Agents, our Consultants are bound by the Code of Conduct for registered migration agents. Our Consultants are members of the Migration Institute of Australia (MIA), the leading professional association for migration agents in Australia.
Newland Chase offers bespoke migration services to clients wherever in the world they undertake their business. 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 number one priority. Companies need to maintain robust processes and systems to manage their migration and demonstrate they are compliant with the law. We can assist with the following:
We provide Australian migration consultation and training services to both small businesses and large multinationals. The global mobility of talent is an essential part of most successful organisations. As a result, maintaining migration compliance has become a number one priority.
Your company needs to maintain robust processes and systems to manage the migration of your employees and demonstrate you are compliant with migration law. We provide the following consultation and training services to assist you in this.
Strategic Analysis
A successful global mobility strategy requires strong leadership and a clear direction to be communicated across the company. There are considerable benefits to implementing a centralised approach in terms of standardising procedures but this requires substantial buy-in from the wider business. We will work with you to understand your migration challenges and provide advice and support in developing a strategy that works for your business.
Migration Consulting
Most employers and their staff are not prepared or trained for the array of issues that can arise as a result of migration. We support our clients in developing a well-rounded migration policy which clearly defines the process for employees and outlines the risks of non-compliance for their organisation.
We will work with your HR teams around the world 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 legislation
- Streamlined processes resulting in faster visa grants
- 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.
Migration policies around the world are constantly changing. The consequences of non-compliance or being in breach of migration conditions can lead to fines, entry bans for employees and reputational damage to the business as a whole.
When employees go abroad, not only in traditional expatriation but also on short term assignments and business travel, multinational companies face significant hidden risks with migration rules and regulations.
The most common risk of non-compliance that business managers experience is when migration authorities turn their people away at the border, prohibiting the employee from entering the country they intend to visit or work in.
By identifying and prioritising risks, applying resources and an effective compliance program to control them and monitoring the exposure on an on-going basis, we can help you to effectively manage these risks.
Newland Chase Migration Audits
Migration authorities monitor and enforce compliance. An organisation’s framework for ensuring compliance after the grant of a visa will be subject to scrutiny. Often this will take the form of an audit, and can be announced or unannounced.
It is challenging for businesses to keep up with the pace of changes to migration law and policy, let alone to adapt their own internal company processes to accommodate these changes. This is particularly so in the case of larger corporates where any changes to company process may need to undergo a series of approvals before being implemented across the wider business.
Your organisation needs to know what your compliance obligations are and identify any areas of risk and non-compliance that may be affecting your business, before working to address these through corrective or pre-emptive actions.
To assist your organisation to maintain compliance, we provide the following services:
- Mock audit of your systems and processes to identify areas of risk and non-compliance
- Audit of personnel files to identify missing documentation
- Comprehensive audit reports with recommendations for addressing the above
- Checklists and materials to support you in this process
We find solutions to complex migration problems for businesses and individuals, making the visa process as straightforward and efficient as possible for you. We will lead you through the visa process, providing guidance each step of the way. This is the personalised service that our clients are accustomed to receiving.
See our FAQs below which provide an introductory guide to relevant migration procedures for specific Australian visa categories.
Employer Sponsored Visas
Sponsorship options for Australian Employers and visa options for prospective employees
What are the sponsorship options for Australian employers and visa options for prospective employees? There are three employer sponsored visa subclass:
- Temporary Skill Shortage Visa (subclass 482)
- Employer Nomination Scheme (ENS) visa (subclass 186)
- Regional Sponsored Migration Scheme (RSMS) visa (subclass 187)
What corporate visa services does Newland Chase provide and in what industry sectors? 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.
What type of visa is required for long-stay temporary employment in Australia? The Temporary Skill Shortage Visa (subclass 482) permits employment in Australia for periods up to 2 or 4 years. The 482 visa requires the sponsoring company to first be approved as a Standard Business Sponsor. The company then nominates a position to be filled. The role and experience/skills required to perform the nominated position must correlate with an occupation that is listed on either the Medium to Long Term Skills Shortage List (MLTSSL) or the Short Term Skilled Occupation List (STSOL). Once the nomination application is approved, the prospective employee may be considered for grant of the 482 visa.
What information needs to be provided with company sponsored applications? A range of company documentation is required to obtain Standard Business Sponsor approval and for the process of nominating positions to be filled by foreign nationals. We will let you know what documentation is required at the start of the process. Ultimately, our job is to ensure that the information presented to the Department of Home Affairs is of the highest quality and that it properly represents and projects your company’s corporate profile. Company documentation is of course handled with the utmost confidentiality.
How long does it take for the visa process to be completed? The processing time will vary depending on the visa type you are applying for. The Department of Home Affairs provides service standards and current processing times guidelines on their website. Processing times will ultimately depend on the complexity of the specific case.
Can I enter Australia on a Business or Tourist stream Visitor visa before the grant of my 482 visa? We generally recommend that prospective employees do not enter Australia on a Business or Tourist visa to wait onshore for the grant of their 482 visa. The risks are too great. If there is an urgent need for the applicant to be in Australia for business reasons (i.e. to attend meetings or conferences) prior to the grant of the 482 visa please discuss this with us during our consultation and we can determine the best strategy for you.
Can Newland Chase assist with obtaining Australian permanent residence or Australian citizenship? There are a number of visa classes available for skilled employees to become permanent residents of Australia. The Employer Nomination Scheme (ENS) allows Australian employers to sponsor employees who are foreign nationals for a permanent residence visa to work in Australia. We have considerable experience in this area. We are also able to assist with General Skilled Migration (GSM), Resident Return visa (RRV) and Australian citizenship applications
How can I be sure about business confidentiality and professional conduct? The Office of the Migration Agents Registration Authority (OMARA) regulates the conduct of Registered Migration Agents Australia wide. As Registered Migration Agents, our Consultants are bound by the Code of Conduct for registered migration agents.
Business Innovation, investment and Business Talent Visa
Visa options for establishing buisness people including business owners and investors
What are the visa options for established business people including business owners and investors?
- There are four Business Innovation and Investment (Provisional) visa (subclass 188) streams:
- Business Innovation stream
- State Sponsored Investor stream
- Significant Investor stream
- Premium Investor stream
- There are also two Business Talent (Permanent) visa (subclass 1-tertiary32) streams:
- Significant Business History stream
- Venture Capital Entrepreneur stream
Do I need a provisional Business Innovation and Investment visa before I can get a permanent residence Business Innovation and Investment visa? Yes. If you are applying under the Business Innovation stream, Investor stream, Significant Investor stream or Premium Investor stream you will initially enter Australia on a provisional visa, which is valid for four years.
The Department of Immigration has set specified levels of business or investment activity which need to be met before you are eligible to apply for permanent residence. The Business Innovation and Investment program is structured in this way to ensure the development and management of genuine business activity and investment in Australia.
The exception to this is the Business Talent visa which allows high caliber business people to obtain permanent residence, without the need to first apply for a provisional visa. In order to qualify for a Business Talent visa, applicants must meet a number of requirements including significant business experience and ownership of significant assets as well as sponsorship by an Australian state or territory government agency.
How does State sponsorship work? All applicants under both the Business Innovation and Investment program and the Business Talent program must be sponsored by an Australian state or territory government. In order to obtain state government sponsorship an application must be lodged with the relevant state or territory authority. These authorities have their own criteria for deciding who they will sponsor. We are experienced in working with all Australian State and Territory authorities and will manage this part of the application process for you.
Can my family accompany me to Australia? Your spouse and dependent children are able to accompany you to Australia on both the provisional Business Innovation and Investment visa and the permanent Business Talent visa as long as they meet the requirements for secondary applicants. These requirements include meeting the necessary health and character criteria.
What benefits does holding Australian permanent residence entitle me to?
- Being an Australian permanent resident permits you to reside permanently in Australia. Further benefits of permanent resident status include:
- No restrictions on employment in Australia
- Access to Australian education entitlements, including the right to enrol in publicly funded schools, vocational training, universities and other public or state education institutions
- The right to access medical and social security benefits (subject to a two year waiting period for certain social security benefits)
- The right to sponsor relatives for particular temporary and permanent residence visas
- The right to apply for Australian citizenship.
Please note: While permanent residence gives the visa holder the right to reside in Australia indefinitely, it only gives the visa holder permission to travel into and out of Australia any number of times for a period of five years from the date it is granted. Once this re-entry facility expires, if the permanent resident wishes to continue to travel to and from Australia, they must obtain a Resident Return visa (RRV) or become an Australian citizen.
How can I be sure about business confidentiality and professional conduct? The Office of the Migration Agents Registration Authority (OMARA) regulates the conduct of Registered Migration Agents Australia wide. As Registered Migration Agents, our Consultants are bound by the Code of Conduct for registered migration agents.
Family and Skilled Migration
Visa options for spouses and partners, fiancés, parents, other family members and both independent and sponsored skilled migration applications
Visa options for spouses and partners, fiancés, parents, other family members and both independent skilled and sponsored skilled migration applications
What types of family stream visas are available?
- The main family sponsored migration visas are:
- Onshore Partner visas (subclass 820/801)
- Offshore Partner visas (subclass 309/100)
- Prospective Marriage (Fiancé) visa (subclass 300)
- Contributory Parent visa (subclass 143)
- Child visas (including subclasses 802 and 101)
What types of Skilled Migration visas are available?
- The options for independent and state sponsored Skilled Migration include:
- Skilled Independent visa (subclass 189)
- Skilled Nominated visa (subclass 190)
- Skilled Regional (Provisional) visa (subclass 489)
- Skilled Regional visa (subclass 887)
- Graduate Temporary visa (subclass 485)
How can I find out which visa is most appropriate for me and my family members? There are a range of visa options which are subject to different requirements, conditions and validity periods. Trying to determine which visa is most suitable to your circumstances can be very time consuming and frustrating. Our Consultants are happy to talk to you about your migration plans. All Newland Chase consultants are registered Migration Agents with the Office of the Migration Agents Registration Authority (MARA) and members of the Migration Institute of Australia (MIA).
I have a family member in Australia, are they eligible to sponsor my visa? All family stream applicants must be sponsored by a close family relative, partner or fiancé. The sponsor must be an Australian citizen, permanent resident or an Eligible New Zealand citizen and must be at least 18 years old.
- The sponsors that are required for different types of family visas are listed below:
- Partner and Prospective Marriage visa applicants must be sponsored by their spouse or fiancé(e)
- Child category applicants must be sponsored by a parent or step-parent
- Parent applicants are usually sponsored by their child or stepchild, but they may also be sponsored by their child’s partner.
What is an Assurance of Support (AoS)? An AoS is a legal commitment by an Australian resident to repay the Australian Government for certain welfare payments claimed by new residents during the period in which their AoS is in force. Generally an AoS is in force for a period of two years. Welfare payments that are recoverable by Centrelink include, among others, the Newstart Allowance, Austudy, and Special Benefits.
Some family stream applicants, such as Parent applicants, are subject to a mandatory AoS. Other applicants may be subject to a discretionary AoS if they are assessed as being at risk of becoming a burden on Australia’s welfare system.
Can my family accompany me to Australia? Your spouse and dependent children are able to accompany you to Australia on family stream visas as long as they meet the requirements for secondary applicants. These requirements include meeting the necessary health and character criteria.
What benefits does holding Australian permanent residence entitle me to?
- Being an Australian permanent resident permits you to reside permanently in Australia. Further benefits of permanent resident status include:
- No restrictions on employment in Australia
- Access to Australian education entitlements, including the right to enrol in publicly funded schools, vocational training, universities and other public or state education institutions
- The right to access medical and social security benefits (subject to a two year waiting period for certain social security benefits)
- The right to sponsor relatives for particular temporary and permanent residence visas
- The right to apply for Australian citizenship.
Please note: While permanent residence gives the visa holder the right to reside in Australia indefinitely, it only gives the visa holder permission to travel into and out of Australia any number of times for a period of five years from the date it is granted. Once this re-entry facility expires, if the permanent resident wishes to continue to travel to and from Australia, they must obtain a Resident Return visa (RRV) or become an Australian citizen.
How can I be sure about confidentiality and professional conduct? The Office of the Migration Agents Registration Authority (OMARA) regulates the conduct of Registered Migration Agents Australia wide. As Registered Migration Agents, our Consultants are bound by the Code of Conduct for registered migration agents.
Resident Return Visas and Australian Citizenship
Resident Return visas (RRVs) and pathways to Australian citizenship
Resident Return visas (RRVs) and pathways to Australian citizenship
What types of Resident Return visa are there? There are two types of RRVs, the subclass 155 RRV and the subclass 157 RRV.
What is a Resident Return visa? Once the travel facility of 5 years expires on your initial permanent residency visa, you will require a Resident Return visa (RRV) to continue traveling in and out of Australia.
How does the Resident Return visa work? RRVs provide a travel facility and allow visa holders to retain or regain Australian permanent residence status on the basis that they are settled in Australia or can demonstrate they have substantial business, cultural, employment or personal ties of benefit to Australia.
Which Resident Return visa should I apply for?
- You should apply for the subclass 155 RRV if you:
- Have spent more than 2 years in the previous 5 years in Australia as a permanent resident; or
- Have not spent two of the last five years in Australia as a permanent resident but have substantial business, cultural, employment or personal ties of benefit to Australia, and can show compelling reasons for any continuous absence from Australia of more than five years.
- You should apply for the subclass 157 RRV if you:
- have lawfully spent at least one day in the past five years in Australia
- have spent less than two years in the past five years in Australia
- have been a permanent resident for the entire period spent in Australia
- can show a compelling and compassionate reason for having to leave Australia or, if you are outside Australia, for leaving when you did.
If you have been living outside Australia for more than three continuous months immediately before applying, you must also show that you were absent for a compelling and compassionate reason.
We recommend talking to us first in order to ascertain your eligibility for an RRV.
How long is the Resident Return visa valid for? If you have lived in Australia for at least two years of the past five years your subclass 155 RRV will have a five year travel facility from date of grant.
If you are granted a subclass 155 RRV on the basis of your substantial ties of benefit to Australia, then your travel facility will only be 12 months from the date of grant.
If you are granted a subclass 157 RRV visa the travel facility will be for 3 months from date of grant.
What are the main pathways to Australian citizenship?
- Australian citizenship by conferral
- Australian citizenship by descent
- Australian citizenship by adoption
What does Australian citizenship entitle me to?
- The primary benefits of Australian citizenship are as follows:
- The right to apply for an Australian passport and re-enter Australia freely
- The right to register children born overseas as Australian citizens by descent.
- The right to seek help from an Australian consular official while travelling on an Australian passport overseas
- The right to vote in federal and state or territory elections, and in a referendum
- The right to work for the Australian Public Service or the Australian Defence Force.
How can I be sure about confidentiality and professional conduct? The Office of the Migration Agents Registration Authority (OMARA) regulates the conduct of Registered Migration Agents Australia wide. As Registered Migration Agents, our Consultants are bound by the Code of Conduct for registered migration agents.
Merits Review and Ministerial Interventions
Appeal options for visa refusals or visa cancellations by the Department of Immigration and Border Protection (DIBP)
Appeal options for visa refusals or visa cancellations by the Department of Immigration and Border Protection (DIBP)
What is the AAT? The AAT is the Administrative Appeals Tribunal. It conducts independent merits review of administrative decisions made under Commonwealth laws. It reviews decisions made by Australian Government ministers, departments and agencies and, in limited circumstances, decisions made by state government and non-government bodies. On 1 July 2015 the Migration Review Tribunal, Refugee Review Tribunal and Social Security Appeals Tribunal were merged with the AAT.
What is the difference between merits review and judicial review? The AAT reviews applications ‘de novo’ which means the AAT can begin at the beginning and have a fresh look at the facts, law and policy relating to the decision and arrive at its own decision. The AAT must make the legally correct decision or, where there can be more than one correct decision, the decision preferable to the applicant.
- The AAT 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.
This is very different to judicial review where only a jurisdictional or legal error can be bought before the courts and the courts must decide if the Tribunal, for instance, made a legal error in any part of their decision making or reasoning. The courts cannot look again at all the facts of the case.
The AAT provides an opportunity to those who have had a refusal or cancellation of their visa to bring all the facts again before the AAT and supplement what they had lodged before with fresh supporting evidence.
What is the timeframe for appeal to the AAT?
- It is very important for a visa applicant to read their notification of refusal or cancellation very carefully as the timeframes for cancellation are generally set out in the notification letter.
- If a matter is refused by DIBP, there are only 21 days within which to lodge a review application.
- If a visa has been cancelled under S.501 of the Migration Act there are only 9 days to lodge a review application.
- If the person is offshore and has the right to review the period allowed is generally 70 days.
The time limits do vary depending on the nature of the decision, where the application for review is being made and where the applicant is. The time limit starts to run from the time the applicant is notified of the decision. In the case of merits review, it is generally not possible to have the time limit extended.
Newland Chase’s expertise in AAT Appeals We have successfully managed many AAT appeals and understand the procedures and processes of the AAT. We can guide you through the steps you have to take to lodge the most appropriate documentation for the hearing of your case. We will also assist you in preparing for a hearing if the AAT requires your attendance to present your case before it.
Newland Chase’s expertise in Ministerial Intervention Applications Newland Chase has many years’ experience lodging Ministerial Intervention applications with much success over the years. In March 2016 the Minister changed the Ministerial Guidelines to limit the type and number to be put before him/her. Many applications are no longer being put before the Minister and are refused. Applying to the Minister is a last resort.
We can provide you with advice on whether this is a suitable pathway for your situation and assess your eligibility to make such an application before the Minster.
Our Newland Chase Australia Outbound team has access to staff, expertise and on the ground resources in 50 offices across 15 countries providing a truly global service for tourist and business visas.
Our ultimate goal is to get your people in the right place at the right time combined with a flexible approach to meet both your business and employee needs.
Ensuring your staff are able to travel on business where they are needed is key to running an efficient global business. Although the process of acquiring a visa may appear straight forward, there are many pitfalls the employee should be aware of. Whether it is the particulars of the local jurisdiction or the track record of the applicant, we can identify and overcome potential obstacles. We will also provide guidance on what constitutes business travel, as opposed to work, ensuring you and your employees remain compliant.
Services provided:
- Initial consultation on eligibility and requirements
- Advice, even if a visa is not required, on crossing the border on business travel
- Overview of process, timescales and documents required
- Review of all supporting documentation
- Fast and secure processing of document legalisation services
In today’s global marketplace, many individuals see the benefits of migration and relocation overseas for personal benefits and to help their businesses thrive. Getting the right advice, guidance and assistance is vital to ensure a successful and pain-free relocation process. We have significant expertise in global migration solutions for individuals and we can support clients through the entire migration process.
What types of family stream visas are available?
The main family sponsored migration visas are:
- Onshore Partner visas (subclass 820/801)
- Offshore Partner visas (subclass 309/100)
- Prospective Marriage (Fiancé) visa (subclass 300)
- Contributory Parent visa (subclass 143)
- Child visas (including subclasses 802 and 101)
What types of Skilled Migration visas are available?
The options for independent and state sponsored Skilled Migration include:
- Skilled Independent visa (subclass 189)
- Skilled Nominated visa (subclass 190)
- Skilled Regional (Provisional) visa (subclass 489)
- Skilled Regional visa (subclass 887)
- Graduate Temporary visa (subclass 485)
How can I find out which visa is most appropriate for me and my family members? There are a range of visa options which are subject to different requirements, conditions and validity periods. Trying to determine which visa is most suitable to your circumstances can be very time consuming and frustrating. Our Consultants are happy to talk to you about your migration plans. All Newland Chase consultants are registered Migration Agents with the Office of the Migration Agents Registration Authority (MARA) and members of the Migration Institute of Australia (MIA).
I have a family member in Australia, are they eligible to sponsor my visa? All family stream applicants must be sponsored by a close family relative, partner or fiancé. The sponsor must be an Australian citizen, permanent resident or an Eligible New Zealand citizen and must be at least 18 years old.
The sponsors that are required for different types of family visas are listed below:
- Partner and Prospective Marriage visa applicants must be sponsored by their spouse or fiancé(e)
- Child category applicants must be sponsored by a parent or step-parent
- Parent applicants are usually sponsored by their child or stepchild, but they may also be sponsored by their child’s partner.
What is an Assurance of Support (AoS)? An AoS is a legal commitment by an Australian resident to repay the Australian Government for certain welfare payments claimed by new residents during the period in which their AoS is in force. Generally an AoS is in force for a period of two years. Welfare payments that are recoverable by Centrelink include, among others, the Newstart Allowance, Austudy, and Special Benefits.
Some family stream applicants, such as Parent applicants, are subject to a mandatory AoS. Other applicants may be subject to a discretionary AoS if they are assessed as being at risk of becoming a burden on Australia’s welfare system.
Can my family accompany me to Australia? Your spouse and dependent children are able to accompany you to Australia on family stream visas as long as they meet the requirements for secondary applicants. These requirements include meeting the necessary health and character criteria.
What benefits does holding Australian permanent residence entitle me to?
Being an Australian permanent resident permits you to reside permanently in Australia. Further benefits of permanent resident status include:
- No restrictions on employment in Australia
- Access to Australian education entitlements, including the right to enrol in publicly funded schools, vocational training, universities and other public or state education institutions
- The right to access medical and social security benefits (subject to a two year waiting period for certain social security benefits)
- The right to sponsor relatives for particular temporary and permanent residence visas
- The right to apply for Australian citizenship.
Please note: While permanent residence gives the visa holder the right to reside in Australia indefinitely, it only gives the visa holder permission to travel into and out of Australia any number of times for a period of five years from the date it is granted. Once this re-entry facility expires, if the permanent resident wishes to continue to travel to and from Australia, they must obtain a Resident Return visa (RRV) or become an Australian citizen.
How can I be sure about confidentiality and professional conduct? The Office of the Migration Agents Registration Authority (OMARA) regulates the conduct of Registered Migration Agents Australia wide. As Registered Migration Agents, our Consultants are bound by the Code of Conduct for registered migration agents.
What types of Resident Return visa are there? There are two types of RRVs, the subclass 155 RRV and the subclass 157 RRV.
What is a Resident Return visa? Once the travel facility of 5 years expires on your initial permanent residency visa, you will require a Resident Return visa (RRV) to continue traveling in and out of Australia.
How does the Resident Return visa work? RRVs provide a travel facility and allow visa holders to retain or regain Australian permanent residence status on the basis that they are settled in Australia or can demonstrate they have substantial business, cultural, employment or personal ties of benefit to Australia.
Which Resident Return visa should I apply for?
You should apply for the subclass 155 RRV if you:
- Have spent more than 2 years in the previous 5 years in Australia as a permanent resident; or
- Have not spent two of the last five years in Australia as a permanent resident but have substantial business, cultural, employment or personal ties of benefit to Australia, and can show compelling reasons for any continuous absence from Australia of more than five years.
You should apply for the subclass 157 RRV if you:
- have lawfully spent at least one day in the past five years in Australia
- have spent less than two years in the past five years in Australia
- have been a permanent resident for the entire period spent in Australia
- can show a compelling and compassionate reason for having to leave Australia or, if you are outside Australia, for leaving when you did.
If you have been living outside Australia for more than three continuous months immediately before applying, you must also show that you were absent for a compelling and compassionate reason.
We recommend talking to us first in order to ascertain your eligibility for an RRV.How long is the Resident Return visa valid for? If you have lived in Australia for at least two years of the past five years your subclass 155 RRV will have a five year travel facility from date of grant.
If you are granted a subclass 155 RRV on the basis of your substantial ties of benefit to Australia, then your travel facility will only be 12 months from the date of grant.
If you are granted a subclass 157 RRV visa the travel facility will be for 3 months from date of grant.
What are the main pathways to Australian citizenship?
- Australian citizenship by conferral
- Australian citizenship by descent
- Australian citizenship by adoption
What does Australian citizenship entitle me to?
The primary benefits of Australian citizenship are as follows:
- The right to apply for an Australian passport and re-enter Australia freely
- The right to register children born overseas as Australian citizens by descent.
- The right to seek help from an Australian consular official while travelling on an Australian passport overseas
- The right to vote in federal and state or territory elections, and in a referendum
- The right to work for the Australian Public Service or the Australian Defence Force.
How can I be sure about confidentiality and professional conduct? The Office of the Migration Agents Registration Authority (OMARA) regulates the conduct of Registered Migration Agents Australia wide. As Registered Migration Agents, our Consultants are bound by the Code of Conduct for registered migration agents.
What is the AAT? The AAT is the Administrative Appeals Tribunal. It conducts independent merits review of administrative decisions made under Commonwealth laws. It reviews decisions made by Australian Government ministers, departments and agencies and, in limited circumstances, decisions made by state government and non-government bodies. On 1 July 2015 the Migration Review Tribunal, Refugee Review Tribunal and Social Security Appeals Tribunal were merged with the AAT.
What is the difference between merits review and judicial review? The AAT reviews applications ‘de novo’ which means the AAT can begin at the beginning and have a fresh look at the facts, law and policy relating to the decision and arrive at its own decision. The AAT must make the legally correct decision or, where there can be more than one correct decision, the decision preferable to the applicant.
The AAT 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.
This is very different to judicial review where only a jurisdictional or legal error can be bought before the courts and the courts must decide if the Tribunal, for instance, made a legal error in any part of their decision making or reasoning. The courts cannot look again at all the facts of the case.
The AAT provides an opportunity to those who have had a refusal or cancellation of their visa to bring all the facts again before the AAT and supplement what they had lodged before with fresh supporting evidence.
What is the timeframe for appeal to the AAT?
It is very important for a visa applicant to read their notification of refusal or cancellation very carefully as the timeframes for cancellation are generally set out in the notification letter.
- If a matter is refused by DIBP, there are only 21 days within which to lodge a review application.
- If a visa has been cancelled under S.501 of the Migration Act there are only 9 days to lodge a review application.
- If the person is offshore and has the right to review the period allowed is generally 70 days.
The time limits do vary depending on the nature of the decision, where the application for review is being made and where the applicant is. The time limit starts to run from the time the applicant is notified of the decision. In the case of merits review, it is generally not possible to have the time limit extended.
Newland Chase’s expertise in AAT Appeals We have successfully managed many AAT appeals and understand the procedures and processes of the AAT. We can guide you through the steps you have to take to lodge the most appropriate documentation for the hearing of your case. We will also assist you in preparing for a hearing if the AAT requires your attendance to present your case before it.
Newland Chase’s expertise in Ministerial Intervention Applications Newland Chase has many years’ experience lodging Ministerial Intervention applications with much success over the years. In March 2016 the Minister changed the Ministerial Guidelines to limit the type and number to be put before him/her. Many applications are no longer being put before the Minister and are refused. Applying to the Minister is a last resort.
We can provide you with advice on whether this is a suitable pathway for your situation and assess your eligibility to make such an application before the Minster.
We have 50 offices in 15 countries across the world. Our team of investment migration experts can provide a personalised approach to your needs and offer local, practical advice covering opportunities in Australia and other countries in the region.
Visa options for establishing buisness people including business owners and investors
What are the visa options for established business people including business owners and investors?
- There are four Business Innovation and Investment (Provisional) visa (subclass 188) streams:
- Business Innovation stream
- State Sponsored Investor stream
- Significant Investor stream
- Premium Investor stream
- There are also two Business Talent (Permanent) visa (subclass 132) streams:
- Significant Business History stream
- Venture Capital Entrepreneur stream
Do I need a provisional Business Innovation and Investment visa before I can get a permanent residence Business Innovation and Investment visa? Yes. If you are applying under the Business Innovation stream, Investor stream, Significant Investor stream or Premium Investor stream you will initially enter Australia on a provisional visa, which is valid for four years.
The Department of Immigration has set specified levels of business or investment activity which need to be met before you are eligible to apply for permanent residence. The Business Innovation and Investment program is structured in this way to ensure the development and management of genuine business activity and investment in Australia.
The exception to this is the Business Talent visa which allows high caliber business people to obtain permanent residence, without the need to first apply for a provisional visa. In order to qualify for a Business Talent visa, applicants must meet a number of requirements including significant business experience and ownership of significant assets as well as sponsorship by an Australian state or territory government agency.
How does State sponsorship work? All applicants under both the Business Innovation and Investment program and the Business Talent program must be sponsored by an Australian state or territory government. In order to obtain state government sponsorship an application must be lodged with the relevant state or territory authority. These authorities have their own criteria for deciding who they will sponsor. We are experienced in working with all Australian State and Territory authorities and will manage this part of the application process for you.
Can my family accompany me to Australia? Your spouse and dependent children are able to accompany you to Australia on both the provisional Business Innovation and Investment visa and the permanent Business Talent visa as long as they meet the requirements for secondary applicants. These requirements include meeting the necessary health and character criteria.
What benefits does holding Australian permanent residence entitle me to?
- Being an Australian permanent resident permits you to reside permanently in Australia. Further benefits of permanent resident status include:
- No restrictions on employment in Australia
- Access to Australian education entitlements, including the right to enrol in publicly funded schools, vocational training, universities and other public or state education institutions
- The right to access medical and social security benefits (subject to a two year waiting period for certain social security benefits)
- The right to sponsor relatives for particular temporary and permanent residence visas
- The right to apply for Australian citizenship.
Please note: While permanent residence gives the visa holder the right to reside in Australia indefinitely, it only gives the visa holder permission to travel into and out of Australia any number of times for a period of five years from the date it is granted. Once this re-entry facility expires, if the permanent resident wishes to continue to travel to and from Australia, they must obtain a Resident Return visa (RRV) or become an Australian citizen.
How can I be sure about business confidentiality and professional conduct? The Office of the Migration Agents Registration Authority (OMARA) regulates the conduct of Registered Migration Agents Australia wide. As Registered Migration Agents, our Consultants are bound by the Code of Conduct for registered migration agents.
For migration advice and support contact us at one of our office locations or send us an email by clicking on the button below.
Our People
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
Michael Wall
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.
Jacinta Tangey
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.
Helen Duncan
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 serves 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
Bongkosh “Bec” Baird
Immigration Consultant
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.
Seán Clancey
Senior Immigration Consultant
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.
Philip Duncan
Senior Immigration Consultant
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).
Hamish Martin
Senior Immigration Consultant
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.
Tali Nassau
Senior Immigration Consultant
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.
Caroline Nguyen
Senior Immigration Consultant
As Senior Immigration Consultant, Caroline Nguyen specialises in Business Sponsorships, Employer Sponsored visas, Temporary Work (Short Stay Specialist) visas, Temporary Activity visas, compliance management, and legal research. A Registered Migration Agent now for more than a decade, Caroline manages many of the high volume temporary and permanent employer sponsored visa programs for our major corporate clients. She is a graduate of St. Aloysius College and holds a Post Graduate Certificate in Migration Law from Victoria University, an Advanced Diploma of Business Legal Practice from RMIT University, and a Certificate in Conveyancing from Melbourne Polytechnic. Caroline is fluent in both English and Vietnamese.
Ben Reid
Senior Immigration Consultant
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.
Esther Taft
Senior Immigration Consultant
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.
Our Experience
Australia’s migration laws are complex and constantly changing. With our unmatched experience, knowledge and know-how we will guide you through the entire process, simplifying each step of the way. At the core of our business are several former senior managers and officers of the Australian Department of Immigration, with experience across operational, policy and secretariat areas of the Department.
All of our consultants are registered with the Migration Agents Registration Authority (MARA) and are members of the Migration Institute of Australia (MIA). You will deal only with our accredited, professional and experienced consultants.
We offer clients a range of bespoke migration services which you can review below
We provide Australian migration consultation and training services to both small businesses and large multinationals. The global mobility of talent is an essential part of most successful organisations. As a result, maintaining migration compliance has become a number one priority.
Your company needs to maintain robust processes and systems to manage the migration of your employees and demonstrate you are compliant with migration law. We provide the following consultation and training services to assist you in this.
Strategic Analysis
A successful global mobility strategy requires strong leadership and a clear direction to be communicated across the company. There are considerable benefits to implementing a centralised approach in terms of standardising procedures but this requires substantial buy-in from the wider business. We will work with you to understand your migration challenges and provide advice and support in developing a strategy that works for your business.
Migration Consulting
Most employers and their staff are not prepared or trained for the array of issues that can arise as a result of migration. We support our clients in developing a well-rounded migration policy which clearly defines the process for employees and outlines the risks of non-compliance for their organisation.
We will work with your HR teams around the world 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 legislation
- Streamlined processes resulting in faster visa grants
- 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.
Migration policies around the world are constantly changing. The consequences of non-compliance or being in breach of migration conditions can lead to fines, entry bans for employees and reputational damage to the business as a whole.
When employees go abroad, not only in traditional expatriation but also on short term assignments and business travel, multinational companies face significant hidden risks with migration rules and regulations.
The most common risk of non-compliance that business managers experience is when migration authorities turn their people away at the border, prohibiting the employee from entering the country they intend to visit or work in.
By identifying and prioritising risks, applying resources and an effective compliance program to control them and monitoring the exposure on an on-going basis, we can help you to effectively manage these risks.
Newland Chase Migration Audits
Migration authorities monitor and enforce compliance. An organisation’s framework for ensuring compliance after the grant of a visa will be subject to scrutiny. Often this will take the form of an audit, and can be announced or unannounced.
It is challenging for businesses to keep up with the pace of changes to migration law and policy, let alone to adapt their own internal company processes to accommodate these changes. This is particularly so in the case of larger corporates where any changes to company process may need to undergo a series of approvals before being implemented across the wider business.
Your organisation needs to know what your compliance obligations are and identify any areas of risk and non-compliance that may be affecting your business, before working to address these through corrective or pre-emptive actions.
To assist your organisation to maintain compliance, we provide the following services:
- Mock audit of your systems and processes to identify areas of risk and non-compliance
- Audit of personnel files to identify missing documentation
- Comprehensive audit reports with recommendations for addressing the above
- Checklists and materials to support you in this process
We find solutions to complex migration problems for businesses and individuals, making the visa process as straightforward and efficient as possible for you. We will lead you through the visa process, providing guidance each step of the way. This is the personalised service that our clients are accustomed to receiving.
See our FAQs below which provide an introductory guide to relevant migration procedures for specific Australian visa categories.
Employer Sponsored Visas
Sponsorship options for Australian Employers and visa options for prospective employees
What are the sponsorship options for Australian employers and visa options for prospective employees? There are three employer sponsored visa subclass:
- Temporary Work (Skilled) visa (subclass TSS(482))
- Employer Nomination Scheme (ENS) visa (subclass 186)
- Regional Sponsored Migration Scheme (RSMS) visa (subclass 187)
What corporate visa services does Newland Chase provide and in what industry sectors? 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.
What type of visa is required for long-stay temporary employment in Australia? The Temporary Work (Skilled) (subclass TSS(482)) visa, commonly known as simply the 482 visa, permits employment in Australia for periods up to 4 years. The 482 visa requires the sponsoring company to first be approved as a Standard Business Sponsor. The company then nominates a position to be filled. The role and experience/skills required to perform the nominated position must correlate with an occupation that is listed on the Consolidated Sponsored Occupation List (CSOL). Once the nomination application is approved, the prospective employee may be considered for grant of the 482 visa.
What information needs to be provided with company sponsored applications? A range of company documentation is required to obtain Standard Business Sponsor approval and for the process of nominating positions to be filled by foreign nationals. We will let you know what documentation is required at the start of the process. Ultimately, our job is to ensure that the information presented to the Department of Immigration is of the highest quality and that it properly represents and projects your company’s corporate profile. Company documentation is of course handled with the utmost confidentiality.
How long does it take for the visa process to be completed? The processing time will vary depending on the visa type you are applying for. The Department of Immigration provides service standards and current processing times guidelines on their website. Processing times will ultimately depend on the complexity of the specific case.
Can I enter Australia on a Business or Tourist stream Visitor visa before the grant of my 482 visa? We generally recommend that prospective employees do not enter Australia on a Business or Tourist visa to wait onshore for the grant of their TSS(482). The risks are too great. If there is an urgent need for the applicant to be in Australia for business reasons (i.e. to attend meetings or conferences) prior to the grant of the 482 visa please discuss this with us during our consultation and we can determine the best strategy for you.
Can Newland Chase assist with obtaining Australian permanent residence or Australian citizenship? There are a number of visa classes available for skilled employees to become permanent residents of Australia. The Employer Nomination Scheme (ENS) allows Australian employers to sponsor employees who are foreign nationals for a permanent residence visa to work in Australia. We have considerable experience in this area. We are also able to assist with General Skilled Migration (GSM), Resident Return visa (RRV) and Australian citizenship applications.
How can I be sure about business confidentiality and professional conduct? Newland Chase employs Consultants who are Registered Migration Agents (RMA) with the Office of the Migration Agents Registration Authority (MARA), a government body that oversees the conduct of RMAs Australia wide. RMAs are bound by a Code of Conduct which is available at the MARA website.
Business Innovation, investment and Business Talent Visa
Visa options for establishing buisness people including business owners and investors
What are the visa options for established business people including business owners and investors?
- There are four Business Innovation and Investment (Provisional) visa (subclass 188) streams:
- Business Innovation stream
- State Sponsored Investor stream
- Significant Investor stream
- Premium Investor stream
- There are also two Business Talent (Permanent) visa (subclass 132) streams:
- Significant Business History stream
- Venture Capital Entrepreneur stream
Do I need a provisional Business Innovation and Investment visa before I can get a permanent residence Business Innovation and Investment visa? Yes. If you are applying under the Business Innovation stream, Investor stream, Significant Investor stream or Premium Investor stream you will initially enter Australia on a provisional visa, which is valid for four years.
The Department of Immigration has set specified levels of business or investment activity which need to be met before you are eligible to apply for permanent residence. The Business Innovation and Investment program is structured in this way to ensure the development and management of genuine business activity and investment in Australia.
The exception to this is the Business Talent visa which allows high caliber business people to obtain permanent residence, without the need to first apply for a provisional visa. In order to qualify for a Business Talent visa, applicants must meet a number of requirements including significant business experience and ownership of significant assets as well as sponsorship by an Australian state or territory government agency.
How does State sponsorship work? All applicants under both the Business Innovation and Investment program and the Business Talent program must be sponsored by an Australian state or territory government. In order to obtain state government sponsorship an application must be lodged with the relevant state or territory authority. These authorities have their own criteria for deciding who they will sponsor. We are experienced in working with all Australian State and Territory authorities and will manage this part of the application process for you.
Can my family accompany me to Australia? Your spouse and dependent children are able to accompany you to Australia on both the provisional Business Innovation and Investment visa and the permanent Business Talent visa as long as they meet the requirements for secondary applicants. These requirements include meeting the necessary health and character criteria.
What benefits does holding Australian permanent residence entitle me to?
- Being an Australian permanent resident permits you to reside permanently in Australia. Further benefits of permanent resident status include:
- No restrictions on employment in Australia
- Access to Australian education entitlements, including the right to enrol in publicly funded schools, vocational training, universities and other public or state education institutions
- The right to access medical and social security benefits (subject to a two year waiting period for certain social security benefits)
- The right to sponsor relatives for particular temporary and permanent residence visas
- The right to apply for Australian citizenship.
Please note: While permanent residence gives the visa holder the right to reside in Australia indefinitely, it only gives the visa holder permission to travel into and out of Australia any number of times for a period of five years from the date it is granted. Once this re-entry facility expires, if the permanent resident wishes to continue to travel to and from Australia, they must obtain a Resident Return visa (RRV) or become an Australian citizen.
How can I be sure about business confidentiality and professional conduct? Newland Chase employs Consultants who are Registered Migration Agents (RMA) with the Office of the Migration Agents Registration Authority (MARA), a government body that oversees the conduct of RMAs Australia wide. RMAs are bound by a Code of Conduct which is available at the MARA website.
Family and Skilled Migration
Visa options for spouses and partners, fiancés, parents, other family members and both independent and sponsored skilled migration applications
Visa options for spouses and partners, fiancés, parents, other family members and both independent skilled and sponsored skilled migration applications
What types of family stream visas are available?
- The main family sponsored migration visas are:
- Onshore Partner visas (subclass 820/801)
- Offshore Partner visas (subclass 309/100)
- Prospective Marriage (Fiancé) visa (subclass 300)
- Contributory Parent visa (subclass 143)
- Child visas (including subclasses 802 and 101)
What types of Skilled Migration visas are available?
- The options for independent and state sponsored Skilled Migration include:
- Skilled Independent visa (subclass 189)
- Skilled Nominated visa (subclass 190)
- Skilled Regional (Provisional) visa (subclass 489)
- Skilled Regional visa (subclass 887)
- Graduate Temporary visa (subclass 485)
How can I find out which visa is most appropriate for me and my family members? There are a range of visa options which are subject to different requirements, conditions and validity periods. Trying to determine which visa is most suitable to your circumstances can be very time consuming and frustrating. Our Consultants are happy to talk to you about your migration plans. All Newland Chase consultants are registered Migration Agents with the Office of the Migration Agents Registration Authority (MARA) and members of the Migration Institute of Australia (MIA).
I have a family member in Australia, are they eligible to sponsor my visa? All family stream applicants must be sponsored by a close family relative, partner or fiancé. The sponsor must be an Australian citizen, permanent resident or an Eligible New Zealand citizen and must be at least 18 years old.
- The sponsors that are required for different types of family visas are listed below:
- Partner and Prospective Marriage visa applicants must be sponsored by their spouse or fiancé(e)
- Child category applicants must be sponsored by a parent or step-parent
- Parent applicants are usually sponsored by their child or stepchild, but they may also be sponsored by their child’s partner.
What is an Assurance of Support (AoS)? An AoS is a legal commitment by an Australian resident to repay the Australian Government for certain welfare payments claimed by new residents during the period in which their AoS is in force. Generally an AoS is in force for a period of two years. Welfare payments that are recoverable by Centrelink include, among others, the Newstart Allowance, Austudy, and Special Benefits.
Some family stream applicants, such as Parent applicants, are subject to a mandatory AoS. Other applicants may be subject to a discretionary AoS if they are assessed as being at risk of becoming a burden on Australia’s welfare system.
Can my family accompany me to Australia? Your spouse and dependent children are able to accompany you to Australia on family stream visas as long as they meet the requirements for secondary applicants. These requirements include meeting the necessary health and character criteria.
What benefits does holding Australian permanent residence entitle me to?
- Being an Australian permanent resident permits you to reside permanently in Australia. Further benefits of permanent resident status include:
- No restrictions on employment in Australia
- Access to Australian education entitlements, including the right to enrol in publicly funded schools, vocational training, universities and other public or state education institutions
- The right to access medical and social security benefits (subject to a two year waiting period for certain social security benefits)
- The right to sponsor relatives for particular temporary and permanent residence visas
- The right to apply for Australian citizenship.
Please note: While permanent residence gives the visa holder the right to reside in Australia indefinitely, it only gives the visa holder permission to travel into and out of Australia any number of times for a period of five years from the date it is granted. Once this re-entry facility expires, if the permanent resident wishes to continue to travel to and from Australia, they must obtain a Resident Return visa (RRV) or become an Australian citizen.
How can I be sure about confidentiality and professional conduct? Newland Chase employs Consultants who are Registered Migration Agents (RMA) with the Office of the Migration Agents Registration Authority (MARA), a government body that oversees the conduct of RMAs Australia wide. RMAs are bound by a Code of Conduct which is available at the MARA website.
Resident Return Visas and Australian Citizenship
Resident Return visas (RRVs) and pathways to Australian citizenship
Resident Return visas (RRVs) and pathways to Australian citizenship
What types of Resident Return visa are there? There are two types of RRVs, the subclass 155 RRV and the subclass 157 RRV.
What is a Resident Return visa? Once the travel facility of 5 years expires on your initial permanent residency visa, you will require a Resident Return visa (RRV) to continue traveling in and out of Australia.
How does the Resident Return visa work? RRVs provide a travel facility and allow visa holders to retain or regain Australian permanent residence status on the basis that they are settled in Australia or can demonstrate they have substantial business, cultural, employment or personal ties of benefit to Australia.
Which Resident Return visa should I apply for?
- You should apply for the subclass 155 RRV if you:
- Have spent more than 2 years in the previous 5 years in Australia as a permanent resident; or
- Have not spent two of the last five years in Australia as a permanent resident but have substantial business, cultural, employment or personal ties of benefit to Australia, and can show compelling reasons for any continuous absence from Australia of more than five years.
- You should apply for the subclass 157 RRV if you:
- have lawfully spent at least one day in the past five years in Australia
- have spent less than two years in the past five years in Australia
- have been a permanent resident for the entire period spent in Australia
- can show a compelling and compassionate reason for having to leave Australia or, if you are outside Australia, for leaving when you did.
If you have been living outside Australia for more than three continuous months immediately before applying, you must also show that you were absent for a compelling and compassionate reason.
We recommend talking to us first in order to ascertain your eligibility for an RRV.
How long is the Resident Return visa valid for? If you have lived in Australia for at least two years of the past five years your subclass 155 RRV will have a five year travel facility from date of grant.
If you are granted a subclass 155 RRV on the basis of your substantial ties of benefit to Australia, then your travel facility will only be 12 months from the date of grant.
If you are granted a subclass 157 RRV visa the travel facility will be for 3 months from date of grant.
What are the main pathways to Australian citizenship?
- Australian citizenship by conferral
- Australian citizenship by descent
- Australian citizenship by adoption
What does Australian citizenship entitle me to?
- The primary benefits of Australian citizenship are as follows:
- The right to apply for an Australian passport and re-enter Australia freely
- The right to register children born overseas as Australian citizens by descent.
- The right to seek help from an Australian consular official while travelling on an Australian passport overseas
- The right to vote in federal and state or territory elections, and in a referendum
- The right to work for the Australian Public Service or the Australian Defence Force.
How can I be sure about confidentiality and professional conduct? Newland Chase employs Consultants who are Registered Migration Agents (RMA) with the Office of the Migration Agents Registration Authority (MARA), a government body that oversees the conduct of RMAs Australia wide. RMAs are bound by a Code of Conduct which is available at the MARA website.
Merits Review and Ministerial Interventions
Appeal options for visa refusals or visa cancellations by the Department of Immigration and Border Protection (DIBP)
Appeal options for visa refusals or visa cancellations by the Department of Immigration and Border Protection (DIBP)
What is the AAT? The AAT is the Administrative Appeals Tribunal. It conducts independent merits review of administrative decisions made under Commonwealth laws. It reviews decisions made by Australian Government ministers, departments and agencies and, in limited circumstances, decisions made by state government and non-government bodies. On 1 July 2015 the Migration Review Tribunal, Refugee Review Tribunal and Social Security Appeals Tribunal were merged with the AAT.
What is the difference between merits review and judicial review? The AAT reviews applications ‘de novo’ which means the AAT can begin at the beginning and have a fresh look at the facts, law and policy relating to the decision and arrive at its own decision. The AAT must make the legally correct decision or, where there can be more than one correct decision, the decision preferable to the applicant.
- The AAT 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.
This is very different to judicial review where only a jurisdictional or legal error can be bought before the courts and the courts must decide if the Tribunal, for instance, made a legal error in any part of their decision making or reasoning. The courts cannot look again at all the facts of the case.
The AAT provides an opportunity to those who have had a refusal or cancellation of their visa to bring all the facts again before the AAT and supplement what they had lodged before with fresh supporting evidence.
What is the timeframe for appeal to the AAT?
- It is very important for a visa applicant to read their notification of refusal or cancellation very carefully as the timeframes for cancellation are generally set out in the notification letter.
- If a matter is refused by DIBP, there are only 21 days within which to lodge a review application.
- If a visa has been cancelled under S.501 of the Migration Act there are only 9 days to lodge a review application.
- If the person is offshore and has the right to review the period allowed is generally 70 days.
The time limits do vary depending on the nature of the decision, where the application for review is being made and where the applicant is. The time limit starts to run from the time the applicant is notified of the decision. In the case of merits review, it is generally not possible to have the time limit extended.
Newland Chase’s expertise in AAT Appeals We have successfully managed many AAT appeals and understand the procedures and processes of the AAT. We can guide you through the steps you have to take to lodge the most appropriate documentation for the hearing of your case. We will also assist you in preparing for a hearing if the AAT requires your attendance to present your case before it.
Newland Chase’s expertise in Ministerial Intervention Applications Newland Chase has many years’ experience lodging Ministerial Intervention applications with much success over the years. In March 2016 the Minister changed the Ministerial Guidelines to limit the type and number to be put before him/her. Many applications are no longer being put before the Minister and are refused. Applying to the Minister is a last resort.
We can provide you with advice on whether this is a suitable pathway for your situation and assess your eligibility to make such an application before the Minster.
Our Newland Chase Australia Outbound team has access to staff, expertise and on the ground resources in 50 offices across 15 countries providing a truly global service for tourist and business visas.
Our ultimate goal is to get your people in the right place at the right time combined with a flexible approach to meet both your business and employee needs.
Ensuring your staff are able to travel on business where they are needed is key to running an efficient global business. Although the process of acquiring a visa may appear straight forward, there are many pitfalls the employee should be aware of. Whether it is the particulars of the local jurisdiction or the track record of the applicant, we can identify and overcome potential obstacles. We will also provide guidance on what constitutes business travel, as opposed to work, ensuring you and your employees remain compliant.
Services provided:
- Initial consultation on eligibility and requirements
- Advice, even if a visa is not required, on crossing the border on business travel
- Overview of process, timescales and documents required
- Review of all supporting documentation
- Fast and secure processing of document legalisation services
Sydney
Suite 2002B, Level 20323 Castlereagh Street
Haymarket, Sydney NSW 2000
+61 (0)2 9499 3011
Melbourne
Level 3100 Dorcas Street
South Melbourne VIC 3205
+61(0)3 9804 8887
Perth
Suite 180, Level 5580 Hay Street
Perth WA 6000
+61(0)8 6557 8780
Brisbane
Level 3127 Creek St
Brisbane QLD 4000
+61 (0)7 32122200
