Other Legal Services

The Department has strict criteria to be eligible for a partner visa. Firstly, you must be in a genuine and continuing relationship. Secondly, if it’s a defacto relationship your relationship should have been ongoing for 12 months before you apply for the visa, or you should be in a registered relationship. The partner visa application is a very complex and time-consuming process. We recommend that you seek adequate migration advice and we are available to assist you.

When your partner visa application has been refused, your letter of refusal will detail the reasons for refusal, and the time limit within which to appeal that decision. It’s important that you seek advice as soon as possible after a visa application refusal. It’s important that you also file an appeal within the time limit. We are available to provide advice to you regarding this.

Right now Australia has very strict border measures in place to protect the health of the Australian community. An individual, or a person cannot come to Australia unless they are in in an exempt category, or they have been granted an exemption to the current travel restrictions.

Some of those in the exempt category include Australian citizens, permanent residents, an immediate family member of an Australian citizen or permanent resident, a New Zealand citizen who usually lives in Australia, a person travelling through Australia for 72 hours or less, a person recruited under the government-approved seasonal worker program, or Pacific Islander scheme, or a person who holds a Business Innovation and Investment Visa.

If you are not part of this group you will need to apply for an individual travel exemption to enter Australia. If your worker is not part of the group above they will need to apply for an exemption to enter Australia.

Your employee should have a critical skill or be coming into Australia to work in a critical sector. An example would be providing specialist medical services. It could be maintaining the supply of essential goods and services such as medical technology, critical infrastructure, telecommunications, working in the agricultural sector. As long as your employee is coming in to do any of those roles they are eligible to apply for an exemption to come into Australia.

No. Your new worker cannot be made to pay for your migration expenses such as any levies, fees paid to the Department of Immigration and fees which are paid to a Migration Agent, or the Skilling Australia Fund Levy. It is illegal to ask your worker to reimburse you for migration expenses, however, you do not need to pay for your worker’s visa application costs. The visa application fee for your migrant worker is their responsibility.

If you have employed a new overseas worker and you have technically informed the Department of Immigration that you have a new employee and that you are sponsoring that person, if there are any changes, including the fact that they aren’t coming to work, or if the employee/employer worker relationship is terminated for any reason, you are obliged to inform the Department of Home Affairs. It is one of your obligations as a sponsor to keep the Department of Home Affairs updated regarding your relationship with the worker.

Before you can sponsor a skilled overseas worker in your business there are a few steps you need to follow. First and foremost it is important to demonstrate that you are unable to attract and retain an Australian Citizen or permanent resident to do the work. And there are ways to show that you have made genuine attempts to hire an Australian Citizen. Secondly, you need to be aware of your obligations as a sponsor. So, if you determine that you are not able to find an Australian citizen to do the work you have to become a standard business sponsor, and you need to be aware of your obligations as a sponsor. And, if you go through those steps, CA Legal & Migration is available to talk you through what the process is and to assess your eligibility to sponsor a skilled overseas worker for your business.