Appeal cases
for professionals

To work in Australia, you can either be
sponsored or apply on your own merits.

If you are looking to sponsor an overseas worker on either a short or long-term basis to fill a position in your business, our team of experienced Immigration Lawyers and Registered Migration Agents can assist you. We will be able to assess the eligibility of your business, provide strategic advice to obtain a successful outcome and facilitate the application process for you.

There are several factors to consider when deciding the most suitable visa category to sponsor an overseas worker, including:

  • the size, structure, and nature of your business or company

  • the urgency in filling the position in your business

  • the nature of the position to be filled by the overseas worker

  • the qualifications and experience of the overseas worker

  • the region where the overseas worker will be employed.

 
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Appeal Cases

  • Our experienced immigration lawyers are trained to deal with complex issues and cases. We have experience in representing other migration agencies in their clients’ appeal matters.If you require any assistance with your review application (merits review or judicial review), we are able to help. Alternatively, if you have a client who has received a negative decision and you are unsure whether they have any grounds for appeal, you can contact our experienced immigration lawyers for further legal advice.

  •  For more information on appeals – click here


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Registered Migration Agents

  • If you are an RMA who is subject to disciplinary proceedings by Office of the Migration Agents Registration Authority (OMARA) and require assistance, please contact our experienced immigration lawyers immediately.


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ASQA Complaints

  • Australian Skills Quality Authority (ASQA) is the national regulator for training providers. https://www.asqa.gov.au/about/agency-overviewConsumers are entitled to lodge complaints to ASQA regarding a training provider. As ASQA is the national regulator, they must acknowledge receipt of this complaint and investigate the matter. Although sometimes ASQA decides not to take action, whether or not action is taken depends on the severity and potential impact of the circumstances.Actions which ASQA may take include:

    • Writing to the Training Provider reminding them of their obligations’

    • Requiring the provider to correct its practices

    • Requiring the provider to take action in relation to past or current students to rectify consequences of non-compliant practices

    • Suspend, cancel or place conditions on the training provider’s registration

    Instead of taking the risk of suspension, cancellation or restriction upon your registration, we advise that you obtain extensive legal advice on how you might act upon notices of investigation. You may contact our experienced lawyers for more information.


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Temporary Activity visa (subclass 408)

This visa allows people who want to come to Australia on a temporary basis under one of the 10 streams:

  • Special Programmes – participate in activities at the invitation of an Australian Organisation

  • Exchange stream – work in a skilled position under a staff exchange arrangement

  • Research Activities- participate in an Australian Research project

  • Sport stream – participate in high-level sports competitions

  • Religious Worker stream – do full-time religious work

  • Entertainment Activities – work in entertainment industry

  • Social / Cultural Activity – programmes approved programmes that provides youth, cultural or community benefits

  • Australian Government Endorsed Events – participate in Government endorsed events

  • Superyacht Crew – employed as a crew member

  • Domestic Worker (Executive) stream – do full-time domestic work in the household of certain senior foreign executives

This visa will generally allow the holder to be in Australia for 2 years. If it is participating in Australian government activities then the visa can last for up to 4 years. If it is to participate in a specific event held by an organisation then it will only be available for 3 months.


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Employer Nomination Scheme (subclass 186)

This visa is for skilled workers who want to work in Australia. This visa is a permanent residence visa.
This visa has 3 streams:

  • Temporary Residence Transition stream– for subclass 457/482 visa holders who have worked for two years in the same occupation with their nominating employer

  • Direct Entry stream – for people who have been nominated by their employer under this stream, people who have never, or only briefly, worked in Australia, or people who do not qualify for the Temporary Residence Transition stream

  • Agreement stream – for people sponsored by an employer through a labour agreement


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Regional Sponsored Migration Scheme visa (subclass 187) Permanent Visa

This visa is for skilled workers who want to work in regional Australia. The visa is a permanent resident visa.
This visa has 3 streams:

  • Temporary Residence Transition stream– for subclass 457/482 visa holders who have worked for two years in the same occupation with their nominating employer

  • Direct Entry stream – for people who have been nominated by their employer under this stream, people who have never, or only briefly, worked in Australia, or people who do not qualify for the Temporary Residence Transition stream


 

General Skilled Migration Program

The GSM Program has several specific features including:

  • It is a points-based system; and

  • You have to be invited to apply for a visa.

 
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Points-based system

In order to be eligible for a skilled migration visa, you must have an occupation that is on a particular list of skilled occupations, and you must satisfy the Skilled Migration Points Test for the occupation.

The minimum pass mark across all occupations is 65 points, with points awarded based on factors such as your:

  • Age

  • English language ability

  • Qualifications

  • Employment experience

  • Partner’s skills


    If you do not have enough points to meet the pass mark for your occupation, you can obtain extra points if you are eligible to be nominated by a State or Territory Government.


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Invited to apply – SkillSelect

The GSM Program is run through the SkillSelect service. Under SkillSelect, you must first lodge an Expression of Interest (EOI) with the Department of Home Affairs. Based on your points test score, the Department will then invite you to apply for a skilled migration visa.

Australia’s General Skilled Migration (GSM) Program is intended to attract highly skilled people who are less than 50 years of age to migrate to Australia. Most skilled migration visas offer permanent residency to successful applicants and so the GSM Program is an attractive option if you a highly skilled person looking to migrate to Australia permanently. The available visas for you are:

  • Skilled Independent visa (subclass 189)

  • Skilled Nominated visa (subclass 190)

  • Skilled Regional (Provisional) visa (subclass 489)

  • Skilled Regional (Residence) visa (subclass 887)

  • Graduate Temporary Visa (Subclass 485)

To learn about the specific requirements for each visa, and to find out which one is most suitable for you, contact us or fill out our form here.