Skilled, Work and Business Visas
Are you an Australian employer experiencing a skills shortage in your business?
Or perhaps you are a person with skills in short supply in Australia?
We can help.
We provide assistance with:
- Temporary employer-sponsored visas (subclass 457)
- Permanent employer-sponsored visas (subclass 186 – Employer Nomination Scheme & 187 –
Regional Sponsored Migration Scheme)
- General Skilled Migration (subclass 189)
- State Nominated and Skilled Regional visas (subclass 190 & 489)
- Temporary Graduate visa (subclass 485)
- Training visas (subclass 407)
- Temporary Activity and Temporary Work visas (subclass 408 & 400)
- Skills assessment applications
- Managing an employer’s sponsorship compliance and monitoring by the Department of
Immigration and Border Protection and the Fair Work Ombudsman.
- Permanent and provisional business skills visas
- Fiancé , spouse, partner, de facto, same sex
- Employer Nomination Scheme visas
- Regional Sponsored Migration Scheme and Subclass 457 visas
- Work visas
- Skilled visas,
- Family, children, adoption and parent reunification visas
- Resident return if you previously held citizenship or permanent residency
- Refugee and humanitarian visas
- Retirement Visas
Visa Application Refusals and Appeals to the Administrtive Appeals Tribunal or Federal/High Court
The Department of Immigration and Border Protection cancels or refuses numerous visas and visa applications. We assist with appeals to the:
- Administrative Appeals Tribunal
- Federal Courts
- Minister of Immigration and Border Protection to intervene if it is in the public interest to do so.
Please contact us to arrange for an initial assessment of your situation.
Visa Cancellations/ Unlawful Residence Status
Sanctions and Investigations
- How to sponsor overseas staff members for temporary and permanent migration to Australia
- How to prepare employment contracts that comply with migration legislation
- The rights and obligations of businesses when employing non-Australian staff or in the event that their employment ends
- Monitoring and investigation or assisting businesses reply to a request for information issued by businesses by the Department of Immigration and Border Protection
Visa Condition Breaches
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)
- 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 (Section 501).
Abolishing 457 Work Visa
On 18 April 2017 the Prime Minister announced that the Government intends to abolish the subclass 457 visa programme and replace it with a new temporary work programme with stricter eligibility requirements. While these changes will be implemented in stages and the subclass 457 visa will not be abolished until March 2018, a number of changes have come into effect on 19 April 2017 that have substantially changed the landscape of the 457 visa programme.
Update on RSMS regional certification
Crackdown on “genuineness” of 457 visa position
Obligations on Employers Who Sponsor Skilled Workers for Subclass 457 Visas.
There are 10 obligations:
- Obligation to cooperate with inspectors
- Obligation to ensure equivalent terms and conditions of employment
- Obligation to pay travel costs
- Obligation to pay location and removal costs
- Obligation to keep records
- Obligation to provide records and information
- Obligation to provide information when certain events occur
- Obligation to ensure primary sponsored person works or participates in nominated occupation, program or activity
- Obligation not to recover, transfer or take actions that would result in another person paying for certain costs
- Obligation to provide trainingA detailed description of each obligation can be found at the DIBP website:https://www.border.gov.au/Trav/Visa-1/457-Failure to comply with these obligations can lead to significant consequences, including fines, cancellation of business sponsorship and bars on sponsoring skilled workers for temporary visas. Furthermore, this can result in an “adverse finding” which needs to be overcome in new subclass 457 visa and Permanent Employer Sponsored visa applications.Rothstein Lawyers has substantial experience in this area.
Updated August 2016
Court Decision Changes Approach to 457 Visa Applicant Appeals
In Ahmad v Minister for Immigration and Border Protection  FCAFC 182, 16 December 2015, the court overturned prior rulings that a 457 visa applicant could not appeal a visa refusal if the nomination were refused.
Therefore, notices informing 457 visa applicants that they could not appeal are probably invalid. Invalid notices could mean that no notice was given and that the 457 visa applicants may even now have a right of appeal.
Rothstein Lawyers in Perth and Joondalup can assess your eligibility.
Article uploaded on 23 December 2015.
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