OUR SERVICES

LEGAL AND MIGRATION SERVICES

General Migration Services

• We can provide an initial assessment (at a FIXED FEE) on which visa is appropriate for you. If you aren’t eligible for a visa we will provide you with information and strategies which may help improve your chances of being eligible;
• We provide you with a list of the documents, supporting material and evidence needed and how to obtain them. For businesses, we work alongside your accountant and business adviser to ensure that the information they provide meets the Department’s strict requirements;
• We complete your application forms;
• We draft comprehensive legal submissions that set out how you meet the criteria as prescribed by the Migration Act and Migration Regulations. We have subscription access to the latest developments and changes which ensures that what goes into your application is what DIAC wants and needs to see;
• We lodge the application and liaise with DIAC until a decision is made;
• We will advise what to expect at interviews with DIAC and we will attend interviews with you if appropriate;
• We keep you up to date with the progress of your application.

Australian Visa Applications

We have experience in providing advice and assistance with most types of Australian Visa applications to the Department of Immigration and Citizenship (DIAC) including:

• Business
• Skilled (including overseas students graduating in Australia)
• Fiancé / Spouse / De Facto / Same Sex Relationships
• Employer Nomination / Sponsorship
• Subclass 457 Visas
• Family, Children and Parent reunification
• Citizenship
• Adoption
• Resident Return (if you previously held Citizenship or Permanent Residency)
• Retirement
• Refugee / Humanitarian
• Medical Treatment

Migration Services for Businesses

We provide advice and assistance in all aspects of sponsoring and employing non Australian staff. We assist and advise businesses on:

• How to sponsor overseas staff members for temporary and permanent migration to Australia;
• How to prepare employment contracts which comply with the Migration Legislation;
• The rights and obligations of businesses when employing non Australian staff;
• The rights and obligations of businesses in the event that the employment of a non Australian staff member comes to an end;
• Monitoring and investigation of businesses by the Department of Immigration and Citizenship.

It is also a fact in the current economic climate that some businesses will experience fiscal problems and may be faced with Administration and/or Liquidation. If the business also employs non Australian staff there are a number of obligations imposed by the Migration Legislation that can have a significant effect on the final outcome for Administrators, Liquidators, Creditors and Investors.   As M. Rothstein & Co are Lawyers and Registered Migration Agents experienced in the areas of Insolvency, Corporations Law and Migration Law, we can advise businesses, Directors, Administrators, Liquidators, Creditors and Investors of the impact of the Migration Legislation on corporate affairs.

Refusals & Cancellations & Appeals

Unfortunately, each year the Department of Immigration and Citizenship cancels or refuses numerous visas and visa applications. Many of these occur because people have simply not known the correct way to do things or because of health or character issues.

We prepare and conduct appeals to the:

• Migration Review Tribunal;
• Administrative Appeals Tribunal;
• Refugee Review Tribunal;
• Federal Court of Australia;
• Full Federal Court of Australia;
• High Court of Australia;
• Minister of Immigration and Multicultural Affairs.

We can assist you by reviewing your case and advising you what your rights and options are. We can also provide you with legal representation every step of the way.

Notice of Intention to Consider Cancellation of a Visa

The Australian Migration Act gives the Department of Immigration and Citizenship the power to cancel a visa for a number of reasons. Cancellation is generally a two-step process. The first step involves sending the visa holder a Notice of Intent to Consider Cancellation. This gives the holder an opportunity to put forward reasons why their visa should not be cancelled. If you ever receive a Notice of Intention to Consider Cancellation of your visa, it is very important that you deal it with thoroughly and as a matter of urgency. It is strongly recommended that you seek professional advice. We can provide detailed replies to a Notice of Intention to Consider Cancellation issued for the following reasons:

• Breaching a Visa Condition (Section 116);
• Ceasing employment with a Sponsor (Section 116);
• Where grounds no longer exist for the holding of a visa (Section 116) such as the breakdown of a relationship whilst holding a provisional spouse visa;
• Providing incorrect information (Section 109);
• Business Visa Holders failing to abide by the conditions of their visa (Section 137);
• Consequential cancellations (Section 140);
• Failing to pass the character test due to a substantial criminal record; an association with a person, group or organisation involved in criminal activity; or as a result past and present criminal or general conduct (Section 501);

Failing to appropriately respond to a Notice of Intention to Consider Cancellation can prejudice a visa holder’s position and may result in the cancellation of their visa.

Commercial Legal Services

As Commercial Lawyers we provide advice in the following areas:

• Commercial / Business;
• Business Sales, Purchase and Formation;
• Commercial Contracts;
• Employment Agreements;
• Franchising;
• Loan Agreements, Mortgages and Caveats;
• Partnerships / Trusts / Companies;
• Restraints (Future Competition and Intellectual Property);
• Retail and Commercial Leases.
• Insolvency;
• Commercial Litigation;
• Wills, Probate and Enduring Powers of Attorney.

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