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.
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 and either engage in a business or invest 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;
- Either a successful business owner or an 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;
- 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 real 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;
- Real 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.
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.
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:
- your age;
- your fluency with English;
- your qualifications and work experience;
- your study in Australia or completion of a professional year in Australia in certain occupations;
- your partner, if they are also skilled; and
- your 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. New Zealand 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 New Zealand 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 a tax assessment notice 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. This 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.
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.
Catherine Thomas
National Client Services Manager / 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.
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 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
Seán Clancey
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.
Philip Duncan
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).
Hamish Martin
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.
Tali Nassau
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.
Ben Reid
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.
Esther Taft
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.
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.
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
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Haymarket, Sydney NSW 2000
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Melbourne
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South Melbourne VIC 3205
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Perth
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Perth WA 6000
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Brisbane
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Brisbane QLD 4000
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