Service Category: Strategy

Litigation Law, Dispute Resolution

Our Litigation Lawyers approach conflict with an eye for resolution. We believe in handling conflicts constructively and in a cost effective manner. Our lawyers will guide you regarding the best course of action and make the process of court proceedings hassle free.

When the gloves are removed, our team can provide you with confident and clear advice on the most difficult and specialised litigation, drawing on a wealth of litigation experience in all courts, specialist tribunals, and countries to advocate for and best protect your economic interests.It is our business to keep your company safe.

Our conflict resolution experience includes the following:

  • e-discovery and complex disputes
  • Contractual and commercial disputes
  • Disputes involving businesses, partnerships, and trusts
  • construction and building disputes
  • bankruptcy and corporate insolvency
  • conflict in the workplace
  • Disputes involving real estate, owners corporations, and leasing
  • claims based on competition and consumer law, as well as claims based on product and professional liability
  • Contamination and environmental issues
  • trademarks, patents, and intellectual property

Energy & Renewables

Law Practices

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Energy & Renewables

Law Practices

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Some Answered and Questions

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It is a long established fact that a reader will be distracted by the readable content of a page when looking at its layout.

It is a long established fact that a reader will be distracted by the readable content of a page when looking at its layout.

It is a long established fact that a reader will be distracted by the readable content of a page when looking at its layout.

Specializing Attorneys

Melena Marshall

Melena Marshall

FAMILY LAWYER
Peter Thomas

Peter Thomas

CRIMINAL LAWYER
Richard Smith

Richard Smith

CIVIL LAWYER

Immigration Law

We have built a strong practice and delivered thousands successful visa applications. We can provide advise on a variety of immigration matters, including the making of visa applications, changing pathways, defending any letters of intention to refuse/reject visas. We often represent clients at AAT and Federal Circuit Court.

Services

DAMA is a formal agreement between the state, regional, or territory authority and the Australian Government which provides access to more overseas workers. DAMA labor agreements are generally in effects for 5 years.

Currently, there are seven DAMAs in Place:

  • Northern Territory: Northern Territory Designated Area Migration Agreement
  • The Goldfields, WA: City of Kalgoorlie Boulder
  • Great South Coast, VIC: Warrnambool City Council
  • Adelaide City and Regional SA: Immigration South Australia
  • Orana, NSW: Regional Development Australia – Orana, NSW
  • Far North Queensland: Cairns Chamber of Commerce DAMA – Cairns Chamber of Commerce, FNQ

Overview: Under the circumstances of visa refusal or unsuccessful at the review tribunals, The Minister has powers to intervene in your case under the Migration Act 1958. A key factor in this intervention is the preparation of your submission package to the Minister. We will help you to prepare such complete submission package.

Overview: AAT stands for Administrative Appeal Tribunal. Applicants can apply for the review of their visa cancellation or refusal to AAT. AAT is the independent body from the Department of Home Affairs. AAT has power to consider the applicant’s migration matter on merit grounds and can remit/affirm the original decision made by the DHA.

In case your visa has been refused, the AAT reconsiders your case, reviewing the facts, documents and evidences provided based on laws relating to your specific immigration application. They arrive at a new independent decision.

If you have officially received a notification from The Department of Home Affairs of canceling/refusing your visa application, do not be disheartened. We will help you find a way forward! Possible reasons for refusal of visa application

Not limiting to but following might be the reasons for the refusal of your visa:

  • Failing to provide details of financial capacity
  • Imperfect, incomplete or incorrect information
  • Sponsor of the applicant unable to meet the eligibility criteria
  • Applicant’s inability to provide evidence of solid future plans and leaving the country
  • Inaccuracy in Points calculation
  • Fake/ faulty Documents
  • Application in the wrong type of visa category

In majority of these cases, the applicant may still be able to acquire a valid visa by approaching Administrative Appeal Tribunal. Worry not! Our consultants at Vision Overseas Australia will guide to make your application for AAT review.

Overview: Tourist visa is a subclass of the visitor visa category. Tourist visa holders allows individuals to visit Australia to see their family or visit places, monuments and/or buildings.

Types of Tourist visa:

  • Tourist stream (Onshore Stream)
  • Tourist stream (Offshore Stream)
  • Sponsored family stream
  • Business visitor stream
  • Approved Destination status stream
  • Frequent traveler stream

Eligibility:

Offshore subclass – 600

  • When applying applicant must be outside of Australia
  • Applicant must only want to visit Australia
  • Demonstrate sufficient resources to fund his stay in Australia
  • Acquire health insurance
  • Meet health and character requirements

On shore subclass – 600

  • When applying the applicant must be inside Australia for this visa type
  • Applicant must only want to visit Australia
  • Demonstrate sufficient resources to fund his stay in Australia
  • Acquire health insurance
  • Meet health and character requirements

Subclass 407 – Training Visa

Overview: This is a temporary visa that allows individuals to come to Australia to engage in occupational training activities for the purpose of licensing, capacity building and skill improvement. You can acquire this visa to improve your expertise in your field of profession. On training visa, the visa holder can take a work based (on the job) training program or enroll in a complete separate professional training program.

Eligibility:

  • Applicant must be sponsored by an approved sponsor organization.
  • In case the sponsor is not an Australian common wealth government agency, the applicant must be nominated for the training program.
  • Applicant must be at least 18 years of age
  • Applicant must possess functional English
  • Applicant must meet the character and health standards

Overview: Individuals residing in Australia who want their parents to come and live with them. This visa allows parents to join their children. Parent visa has following subclasses:

Subclass 103 – Parent Visa

This visa type can take up to 30 years.

Eligibility

The parents must:

  • Have children who are Australian citizens or Australian permanent resident
  • Qualify for Balance of Family Test that requires 50% of your children must be the citizen, permanent resident of Australia or eligible New Zealand citizen. Or
  • Prove that more than 50 percent of the children are residing in Australia than in any other country.

Subclass 804 – Aged Parent Visa

This permanent visa lets an aged parent of a settle Australian citizen, Australian permanent resident or eligible New Zealand citizen stay in Australia. This visa type can take up to 30 years.

Eligibility

  • Be in Australia, but not in immigration clearance, when you apply for the visa and when we decide on your application
  • Have an eligible child who is a settled Australian citizen, Australian permanent resident or eligible New Zealand citizen
  • Be old enough to receive the age pension in Australia
  • Not have a Sponsored Parent (Temporary) (Subclass 870) visa when applying for this visa
  • Qualify for Balance of Family Test that requires 50% of your children must be the citizen, permanent resident of Australia or eligible New Zealand citizen. Or
  • Prove that more than 50 percent of the children are residing in Australia than in any other country.

Contributory Parent Visas

The contributory Parent visa category holds more visa places in each Migration Program every year. Applying under this category can avoid long waiting periods for you which maybe applicable to Parent Visa (non-contributory) applicants. However, you must be willing to make substantially higher contribution to health and welfare costs in Australia. For further assistance and details regarding this, please contact us.

There are four subclasses of contributory parent visa with little differences relating to age, temporary/ permanent residence etc.

  • Subclass 143 – Contributory Parent (Migrant) (permanent visa)
  • Subclass 173 – Contributory Parent (Temporary) (temporary visa)
  • Subclass 864 – Contributory Aged Parent (Residence) (permanent visa)
  • Subclass 884 – Contributory Aged Parent (Temporary) (temporary visa)

Subclass 408 – Temporary Activity Visa

This visa allows you to come to Australia to do specific types of work on short-term, temporary basis. Each activity under this subclass has its own criteria to be satisfied. Please contact us for detailed information about each activity. Activities under which subclass 408 can be applied are as follows:

  • Australian Government Endorsed Events (COVID-19 effected applicants can apply under this activity)
  • Special Program
  • Religious Work
  • Research activities
  • Invited for other social and cultural activity (Invited Participant)
  • Sporting Activities
  • Entertainment Activities
  • Superyacht Crew
  • Exchange Arrangements
  • Domestic work for executives

Overview: The working holiday visa is a special visa specifically for individuals from countries involved in the “working holiday program’ with Australia. This visa enables people to work and take a holiday in Australia at the same time, for up to a year.

Individuals must carry a working passport from any of the countries, which are in collaboration with the working holiday program. Here is a list of the eligible countries.

Belgium
Canada
Cyprus
Denmark
Estonia
Finland
France
Germany
Hong Kong SAR china
Italy
Japan
Malta
Norway
Republic of Korea
Republic of Ireland Netherlands
Sweden
Taiwan
United Kingdom
 

 

Basic Eligibility:

  • An applicant must be in between 18 to 30 years old, or 18 to 35 for Canadian, French and Irish citizens.
  • Holding passport of an eligible country.
  • He/She must not be accompanied by dependent children.

Overview: Australian standard of education and their pursuit of excellence in the education sector is world-renowned. This visa is designed to provide an opportunity to international students to come and study in Australia. The immigration law for students from the globe is open and welcoming. Moreover, students studying in Australia can later apply for temporary and permanent residential visas. Australian study visas also allow students to work.

Study visa has the following subclasses:

Subclass 500 – Student Visa
Subclass 590 – Student Guardian Visa

General Criteria

  • Enrolment in a course of study (eCOE)
  • Proof of English language proficiency
  • Evidence of financial ability to cover course fees, international travel costs and living costs associated with the applicants’ stay in Australia (including funds for any family unit members)
  • Acquiring health insurance (OSHC) overseas student’s health cover

Financial Expense:

The visa cost fees is $620 AUD for the main applicant. However, the expense includes health insurance, tuition fees, living expense, police check, biometrics & health check-ups which varies individual to individual.

Each student visa stream has individual visa requirements.

Overview: Australia’s temporary residence facilitates the entry, on a temporary basis, of people who can contribute to the economic, cultural and social development of the Australian community under the migration act 1958. Temporary residence visas allow people to live and work in Australia for a limited time.

Subclass 485 – Temporary Graduate Visa

The subclass 485 visa can be applied under following 2 streams:

1) Graduate Work Stream

This visa is for international students who have recently graduated with skills and qualifications that are relevant to specific occupations Australia needs. It lets you live, study and work in Australia temporarily.

Eligibility

  • Must be under 50 years of age
  • You can work in Australia
  • Have a qualification on Medium and Long-term Strategic Skills List
  • You can bring your family with you
  • Usually up to 18 months. Hong Kong passport holders may stay for 5 years

2) Post Study Work Stream

This visa is for international students who have recently graduated with a degree from an Australian institution. It lets you live, work and study in Australia, temporarily.

Eligibility

  • Must be under 50 years of age
  • You can work in Australia
  • You can bring your family with you
  • You need a recent degree
  • Usually between 2 and 4 years, depending on your qualification.
  • Hong Kong passport holders may stay for 5 years.

Subclass 476 – Skilled-Recognized Graduate Visa

This visa allows recent engineering graduates to live, work or study in Australia for up to 18 months. You must have completed a degree or higher qualification from a specified institution within the past 2 years.

Eligibility

  • be under 31 years of age
  • have completed an engineering degree at a specified educational institution in the past 2 years
  • not have previously been the primary visa holder of a subclass 476 or 485 visa

Overview: Australia Family Migration permits partners of an Australian citizen, Australian permanent resident to live and work in Australia.

Subclass 820/801- Onshore partner visa

Initial application for partner visa is considered as the together application for both subclasses.

Eligibility

  • The age of applicants must be 18 years or older.
  • Applicants must be residing in Australia
  • Applicants must be married to with an Australian citizen
  • Health & Character requirements should be made.

Benefits:

  • With this visa, you can live, work, and study in Australia.
  • You can also travel to and from Australia as much time you want.
  • After applying, an applicant is eligible for PR (subclass 801) after 2 years from the date of application

Subclass 309/100- Offshore partner visa

This is offshore visa which helps you to apply for partner visa when living outside of Australia. However, you can visit Australia on visitor visa while you are waiting for your outcome. After two years from applying this visa, you will be granted PR (Subclass 100)

Eligibility

  • The age of applicants must be 18 years or older.
  • Applicants must be residing outside of Australia
  • Applicants must be married to an Australian citizen.

Subclass 300 – Prospective Marriage Visa

Prospective marriage visa is for the couple who are willing to get married but both parties are living in different countries. Under this circumstance, a partner can come to Australia within 9 months, and get married. This visa can be applied offshore only. And, to get eligible for this visa grant, applicant must be above 18, and must have met before. Applicant must get married and make an application for Subclass 820/801 within 9 months.

Subclass 461 – New Zealand citizen Family visa

To get eligible for this visa, your partner/family member must be a New Zealand citizen, and holding sub class 444 special category visa. Visa could be applied by living inside/outside of Australia.

Overview: The purpose of General skilled migration visa is to bridge the gap between shortage of skilled professional in various industries in Australia and the demand of competent workers from around the world to migrate to Australia. The aim of this program is to attract qualified and trained professionals to up keep with the demands of local labor market. This is the most common visa for skilled immigrants to migrate to Australia. There are multiple subcategories of skilled migration visa:

Subclass 189 – Skilled Independent Visa

The Subclass 189 can be applied under following 2 streams:

1) Points tested Stream

To apply for a skilled independent subclass 189 visa, individuals must submit an expression of interest through skillset. Next, the department of immigration, Australia invites individuals to apply. The application must be submitted within 60 days of receiving the invitation to apply or the application process breaks. Make sure you have all required documents prepared beforehand.

Eligibility

  • To successfully qualify for a subclass 189 visa individuals must
  • Meet the minimum required marks, 65, in the point test
  • Obtain suitable skill assessment result in an occupation.
  • Possess competent English
  • Be aged between 18 and 45 inclusive.
  • Meet the health and character standards.

2) New Zealand Stream

This visa lets eligible New Zealand citizens who have demonstrated commitment and contribution to Australia, live and work in Australia permanently.

  • You must hold a New Zealand Special Category (subclass 444) visa
  • You must have lived in Australia for at least the last 5 years
  • You must have started living here on or before 19 February 2016

Subclass 190 – Skilled Nominated Visa

This subclass 190 visa is skilled permanent visa nominated by a state. All states publish a list of occupations and their requirements. They have particular eligibility criteria based on a number of factors.

Eligibility

  • Hold a suitable skills assessment in an occupation that is available for State or Territory Sponsorship
  • Present an Expression of interest
  • Be nominated by a State or Territory Government
  • Meet the pass mark in the Skilled Migration points- currently 65
  • Be aged between 18 and 45 inclusive
  • Have at least competent English
  • Meet health and character requirements.

Subclass 491 – Skilled Work Regional (Provisional) Visa

This subclass 491 visa is skilled provisional visa nominated by a state. All states publish a list of occupations and their requirements. They have particular eligibility criteria based on a number of factors.

Eligibility

  • Hold a suitable skills assessment in an occupation that is available for State or Territory Sponsorship
  • Present an Expression of interest
  • Be nominated by a State or Territory Government
  • Meet the pass mark in the Skilled Migration points- currently 65
  • Be aged between 18 and 45 inclusive
  • Have at least competent English
  • Meet health and character requirements.

Once granted this visa is valid for 5 years with the PR pathway under Permanent Residence (Skilled Regional) visa (Subclass 191) category.

Subclass 191 – Permanent Residence (Skilled Regional) visa– This visa does not commence until 16 November 2022.

This visa is for people who have lived, worked and studied in designated regional area Australia on a previous, eligible visa. With this visa you can:

  • stay permanently
  • work and study anywhere in Australia
  • Sponsor eligible relatives for permanently residence
  • apply for Australian citizenship, if eligible.

You must:

  • hold an eligible visa
  • have lived for at least 3 years and have a taxable income at or above a specific income threshold for at least three years
  • both primary and secondary applicants have complied with the conditions of the eligible visa you hold or have held

Overview: Employer sponsored visa permits local business owners and employers to engage overseas talented and skilled workers given there is a shortage of suitable skilled individuals in the local market.

Employer sponsored visa has following subclasses:

Subclass 482- Temporary skill shortage visa

This visa type allows employers to hire international skilled labor on designated positions where local talent fall short. Temporary skill shortage visa contains three streams. The short-term steam allows employers to nominate international workers on short-term bases. The nominated employee can stay and work in Australia up to 2 years. Medium term stream allows employers to sponsor international workers to stay and work in Australia for up to 4 years. Labor Agreement visa Stream allows overseas skilled workers to live and work in Australia based on the terms of a labor agreement. The stay is usually up to 4 years. Each stream has its individual set of eligible criteria. For further details, please contact us.

Subclass 186 – employer nomination scheme visa

The ENS visa enables Australian businesses to find skilled workers from overseas with the intention to provide permanent, full time, or skilled position in their business. For Australian Business qualifying criteria please contact us. This visa can be applied under these 3 streams:

Direct Entry Stream

This visa lets skilled workers, who are nominated by an employer, live and work in Australia permanently.

  1. you must be nominated by an Australian employer
  2. your occupation must be on the relevant list of eligible skilled occupations.
  3. you must have at least Competent English

Labour Agreement Stream

This visa lets skilled workers who are nominated by their employer live and work in Australia permanently. The Labour Agreement stream might be for you if you currently work, or will work, for an employer who is party to a labour agreement.

The employer must have a labour agreement (For more information on making an application for labour agreement please contact us)

Temporary Residence Transition Stream

This visa lets skilled workers, who are nominated by their employer, live and work in Australia permanently.

  1. You must hold a 457, TSS or related bridging visa A, B or C
  2. Usually, you must have worked for your employer full-time for at least three years
  3. You must be nominated by your employer

Subclass 494 – Skilled Employer Sponsored (Regional) provisional visa

This visa is designed for regional employers to identify labor shortages within their region, and sponsoring skilled workers. The stay under this visa is of 5 years with the PR pathway under Permanent Residence (Skilled Regional) visa (Subclass 191) category.

Basic Requirements:

  • You must have the necessary skills for the job
  • You must be nominated by an Australian employer
  • You must meet our health and character requirement

Overview: Australian immigration is open for business opportunities, investment and capital inflow to overseas people. Business visa helps you in setting your own business in Australia which will also make your PR pathway easy and straight forward. Our expert agents will assist you to secure the business visa you want!

Business visa falls into following categories

Business Talent Visa- Subclass 132

People nominated by state/government, who possess the required capital and resources to establish a new business or expand an existing one are granted this visa. This is a permanent visa type. Our consultations will not only clear your roadway to Australia but will assist you in every step of the way! Business talent visa has two variations.

1) Subclass 132A- Significant business history stream

This is a permanent visa type that permits already experienced business owners, who have a successful history of establishing businesses, to come to Australia and invest in the local industry.

Eligibility

Interested applicants must:

  • Submit an Expression of Interest (EOI) in Skill Select online immigration system.
  • Get nominated by the state or territory government.
  • Receive the invitation by the Department of Home Affairs.
  • Submit the required documents
  • Have a successful business career
  • Be the owner of a successful business for at least 2 years
  • Possess net asset worth of at least AUD 1.5 million
  • Have an annual turnover of at least AUD 3.0 million
  • Under the age of 55 or above 55 if authorized by the state or territory government
  • Be nominated by the state or territory government
  • Possess competent English.
  • Meet health and character requirement

2) Subclass 132B – Venture capital entrepreneur stream

This visa type permits overseas individuals who have acquired funding of venture capital from Australian venture capital association limited for the purpose of establishing a new business or expanding an already existing one. There is no standard time available for these visa types.

Applicants must complete the following procedure:

  • Submit an Expression of Interest (EOI) in Skill Select online immigration system.
  • Get nominated by the state or territory government.
  • Receive the invitation by the Department of Home Affairs to apply for the visa.
  • Submit the required documents
  • Maintain ownership in business or investment
  • Have funding of at least AUD 1 million from the Australian venture capital firm
  • Meet the requirements of venture capital agreement
  • Have nomination by the state or territory government
  • Have functional English
  • Meet health and character requirement.

Subclass 188 – Business Innovation and Investment (Provisional) Visa

This visa type allows individuals, who have resources to establish a new business or expand an already existing one, to live temporarily in Australia. However, these visa holders do have prospects of applying for permanent residency.

Eligibility

  • An applicant should be less than 55 years of age.
  • A minimum asset requirement is AUD 800,000$.
  • An annual business turnover should be at least AUD 500,000$ in the last 2 years.

Subclass 888 – Business Innovation and Investment (Permanent) Visa

This is a permanent visa category that allows individuals to establish business and/r expand existing ones. Business innovation and investment permanent visa has five streams.
Subclass 888 – Business Innovation Stream
Subclass 888 – Investor Stream
Subclass 888 – Significant Investor Stream
Subclass 888 – Premium Investor Stream
Subclass 888 – Entrepreneur stream

Each of these subclasses have their own processes and eligibility criteria with little differences.

Specializing Attorneys

Melena Marshall

Melena Marshall

FAMILY LAWYER
Peter Thomas

Peter Thomas

CRIMINAL LAWYER
Richard Smith

Richard Smith

CIVIL LAWYER