Services Archive

If you are currently in Australia and have a visa expiring in the next 1-3 months, you should immediately consult a professional on what your options are.

A visa expiring imminently can increase stress on yourself and your legal representative. Your options may also be limited the closer you get to the visa expiry date.

Usually, once you are in Australia, the options available to renew your visa whether temporarily or permanently are immense. Some options you may not even know about.

Do not leave this till last minute. If you know your visa will be expiring soon, you should immediately consult a lawyer.

Depending on what you intend to do in Australia, our team can assess you against the visa categories:

If you are unsure whether you qualify, you should book in a consultation with us to discover more.

The business visa category allows individuals with investment or business experience to migrate to Australia to do business or invest in Australia.

There is a clear pathway to permanent residency provided business or investment requirements are met upon arrival in Australia.

From 01 July 2021, the business and investment visa program was simplified from nine streams to 4 visa streams with increased requirements for some existing streams as well.

If you wish to participate in any of the following streams then you should lodge an application before 01 July 2021:

Business Innovation and Investment visa (Subclass 188D) – Premium Investor Stream
Business Talent visa (Subclass 132) – Significant Business History
Business Talent visa (Subclass 132) – Venture Capital Entrepreneur

The other key changes to the remaining streams are:

Business Innovation Visa (Subclass 188A)

Increased net personal and business asset value threshold to $1.25 million (increased from $800,000)
Increased annual turnover threshold to $750,000 (increased from $500,000)

Entrepreneur Visa (Subclass 188E)

The $200,000 funding threshold will be removed.
Applicants will now need to be endorsed by a State or Territory government

All streams

Eligible for permanent residence (Subclass 188) after 3 years
Provisional visa will be granted for 5 years

The visas available for you after 01 July 2021 include:

For all streams (whether you wish to do business or invest), you must be invited by an Australian state or territory in order to be eligible to lodge a visa application. Each state or territory may also have its own guidelines in selecting candidates to invite to their state.

Therefore, it is important to receive full consultation before lodging an expression of interest to maximise your chances of success.

You will generally be assessed against several factors:

Age
Business Turnover value or Investment value
Educational qualifications
English language requirements
Total net personal and business asset value

Has your visa been refused or cancelled?

‘Natural Justice’ is a concept which is instilled within the legal and administrative processes of Australia.

If a visa has been refused or cancelled, in Australia, it is subject to natural justice and procedural fairness.

Essentially the fundamental concept of natural justice is that everyone is entitled to：

A right to respond to negative allegations or comments
A right to be heard by an independent and impartial tribunal
A decision that is impartial and unbiased

The aim is to ensure that all decision-making is fair.

If you have received a negative decision from the Department (i.e. a visa refusal or a decision to cancel your visa) you will almost always have a right to appeal this decision for reconsideration by the Administrative Appeals Tribunal.

There are, however, certain circumstances where this is not possible, such as if you are not in Australia, if you did not appeal within the specified timeframe, or if you are not the correct person to be lodging the appeal etc.

Even if you are unable to appeal to the Administrative Appeals Tribunal, you may still have an opportunity to appeal to the legal forums of Australia such as the Federal Circuit Court of Australia or Federal Court of Australia.

Once you enter the space of appeals, we would strongly recommend that a lawyer is consulted as there are very specific legal requirements and procedures that you need to go through to ensure a successful case.

The further you go down the chain of appeal, the more costly it will be because it will become more and more difficult to win.

Please send your refusal or cancellation decision to us at [email protected] or book in a consultation to ensure you know all the options you have.

If you have a partner, spouse or other family residing in Australia

There are many visa options that may be available for you to join him or her in Australia. It will depend on a number of factors:

Do you want to visit Australia temporarily or do you want to migrate to Australia permanently?
Are you currently in Australia or outside Australia?
What is your relationship with the family member in Australia?
Is that family member an Australian citizen or family member?
How old are you?

You can see below and explore all the visa options (temporary and permanent) in which family member is an Australian citizen or an Australian permanent resident.

The most common visa in the family category is the Partner visa but this does not mean you cannot join your parents, children, siblings etc. in Australia too. If your family member is not your partner/spouse then you can take a look at the Other Family visa types.

If your family member is not an Australian citizen or an Australian permanent resident but instead holds a temporary visa in Australia. The chances are you may be able to include yourself as their dependent. You will need to look into the requirements of the specific visa he or she is holding. You can find more information from Our Services page.

If you are unsure whether you qualify, you should book in a consultation with us to discover more.

To be eligible to work in Australia, you must have a visa which provides you with work permission.

Australia offers a variety of work visas for individuals both within and outside of Australia who wish to work in the country. Whether you want to work in Australia temporarily or plan to stay long-term, there are visa options to suit your needs.

Australian work visas can generally be categorised into two main types: Independent Work Visas and Employer Sponsored Visas.

Skilled Independent Visas

Skilled independent visas are for individuals with exceptional skills or qualifications who can obtain a work visa without the need for sponsorship by a company or support from a government/region. These visas include (but are not limited to):

Temporary Graduate Visa (Subclass 485)
- For international students who have completed their studies in Australia, allowing them to gain work experience in Australia.
Skilled Independent Visa (Subclass 189)
- For highly skilled workers in skilled occupations, requiring no sponsorship.
Global Talent Visa (Subclass 858)
- For individuals with exceptional achievements and international recognition in specific fields.
Skilled Nominated Visa (Subclass 190)
- Requires nomination by a state or territory government and is suitable for workers with specific skills.
Skilled Work Regional (Provisional) visa (Subclass 491)
- The 491 visa is a 5-year provisional visa that allows you to live and work in a designated regional area of Australia.
Working Holiday visa (subclass 417)

Employer Sponsored Visas

Employer sponsored visas require an established Australian company (or an overseas entity) to sponsor you for certain positions within the company. These visas include (but are not limited to):

Training Visa (Subclass 407)
- Intended for individuals coming to Australia to undertake professional training or participate in professional development courses.
Temporary Skill Shortage Visa (Subclass 482)
- Suitable for temporarily filling skill shortages, allowing the holder to work in Australia for up to four years.
Employer Nomination Scheme (Subclass 186)
- Allows workers nominated for specific positions to obtain permanent residency.
Regional Sponsored Migration Scheme visa (Subclass 187)
- Applicants who previously held a 457 visa and have worked for their current employer in the nominated occupation for more than two years, with the employer willing to offer a permanent position.
Skilled Employer Sponsored Regional (Provisional) Visa (Subclass 494)
- Allows workers to obtain temporary residency while working in regional areas, with a pathway to permanent residency.

Basic Requirements for Applying for the Work Visa

Employer Sponsorship Eligibility
- The employer must be an Australian company that is actively and lawfully operating or an eligible overseas company.
- The employer needs to provide evidence demonstrating its eligibility to sponsor.
Occupation List
- The nominated occupation must be on the Skilled Occupation List, which specifies eligible occupations and related visa types.
Labor Market Testing
- Provide evidence showing that the employer was unable to find a suitable candidate through the Labour Market Testing process in Australia and has made genuine efforts to recruit locally.
Health and Character Requirements
- The applicant must meet Australia’s health and character requirements, including undergoing necessary medical examinations and providing police clearance certificates.

Our Service Process and Timeline

Consultation and Assessment Phase (1-2 weeks)
- Initial consultation to understand your circumstances and assess your eligibility.
- Provide a document checklist and guidance as to the information and documents required to support the application.
Document Preparation Phase (2-4 weeks)
- Assist in preparing and collating all application materials.
- Review information and supporting documents to ensure legal requirements are met.
Application Submission Phase (1 week)
- Draft, review and submit visa application.
- Ensure complete and accurate information and documents are provided with the application.
Processing Phase
- Employer-Sponsored Visas: 1-18 months
  - Monitor the application progress and provide real-time feedback.
  - Assist with any further requests from the immigration department.
- Independent Visas: 1-18 months
  - Monitor the application progress and provide real-time feedback.
  - Assist with any further requests from the immigration department.
Post-Visa Approval
- Provide ongoing support and consulting services to help you adapt to life in Australia.

All visa applicants are assessed against health and character requirements.

Health and character requirements are known as the public interest criteria in a visa application. These requirements are imposed on every visa applicant whether they want to enter Australia temporarily or migrate to Australia permanently to ensure that the interests of the Australian community are protected.

Character requirements refers to the ‘character’ or ‘reputation’ of the visa applicant. They must ensure that a visa applicant is a person of good character and would not present any threat or danger to the public community. Health requirement is similar where they must ensure that the person is free of any disease which may be a threat to the Australian community. They will also ensure protecting the Australian’s access to medical access and community services because some medical conditions may require very special types of care or require medical treatment which is short of supply in Australia.

To get expert guidance and support for your visa or immigration issues, we invite you to schedule a consultation with our team. Here’s what to expect during your consultation:

Detailed Assessment: We will conduct a thorough review of your personal history, visa status, and any relevant details to fully understand your situation.
Customized Advice: Based on our assessment, we will develop a tailored strategy to address your specific needs, including recommendations for actions to take and potential solutions.
Compliance and Requirements: We will ensure you understand all legal requirements and compliance issues, helping you to navigate the complexities of immigration laws and avoid common pitfalls.
Action Plan: We will create a clear, actionable plan outlining the steps you need to take, deadlines, and any additional documentation required to support your application or appeal.
Ongoing Support: We provide continuous support throughout the consultation, answering your questions, addressing concerns, and making adjustments to your strategy as needed.

Our goal is to provide you with the clarity and confidence needed to move forward with your visa or immigration matter successfully.

We serve clients all across Australia and internationally so we have different methods in conducting the consultation. You can even sit in the comfort of your house to meet with us.

Videoconference
Face to Face
Teleconference

You can book in your consultation with us by filling in the contact us form, calling us or emailing us at [email protected]

The initial consultation fee is $400+GST. Please let us know at least 24 hours in advance should you wish to reschedule. We will try our best to accommodate your time.

If you are currently in Australia and have a visa expiring in the next 1-3 months, you should immediately consult a professional on what your options are.

Tell us about your issue, we are here to help you

The business visa category allows individuals with investment or business experience to migrate to Australia to do business or invest in Australia.

Tell us about your issue, we are here to help you

Has your visa been refused or cancelled?

‘Natural Justice’ is a concept which is instilled within the legal and administrative processes of Australia.

Tell us about your issue, we are here to help you

If you have a partner, spouse or other family residing in Australia

Tell us about your issue, we are here to help you

To be eligible to work in Australia, you must have a visa which provides you with work permission.

Tell us about your issue, we are here to help you

Skilled Independent Visas

Employer Sponsored Visas

Basic Requirements for Applying for the Work Visa

Our Service Process and Timeline

All visa applicants are assessed against health and character requirements.

Tell us about your issue, we are here to help you

To get expert guidance and support for your visa or immigration issues, we invite you to schedule a consultation with our team. Here’s what to expect during your consultation:

Tell us about your issue, we are here to help you

Our expert lawyers who will help you

Mei Guo

Need to consult with us? Book an appointment today.

Our team will give you expert advice that has been specifically tailored to your case.

How we will help

Free Assessment

Consultation

Developing and Managing a Strategy

Tell us about your issue, we are here to help you

Why Choose Us?

Successful Cases

Overcoming Adversity: How Expert Legal Advocacy Secured Justice in a Complex Character-Based Visa Appeal

Turning the Tide: Tribunal Overturns Visa Refusal, Unlocking New Opportunities for a Genuine Student

A Single Domestic Incident, a Two-Year Bond and a Critical Visa Decision: Will Discretion Be Granted?

Bridging The Gap: Bridging Visa B Granted on Day of Submission

Third Time’s the Charm: Brightstone Secures Visa After Two Previous Refusals

Domestic Violence: Passed character requirements/VACCU

Need to consult with us? Book an appointment today.

Our team will give you expert advice that has been specifically tailored to your case.

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