Q & A

A: Yes it is possible.

Please give us a call as soon as possible to discuss your circumstances.

A: To become a standard business sponsor, a business must apply to the department.

There are several requirements for employers to become an approved standard business sponsor. These include that the business:

• must be lawfully operating in or outside Australia
• must meet (or commit to meet) the training benchmarks for the programme and continue to meet these requirements for the term of the sponsorship
• must have a direct employer-employee relationship (if the business is outside Australia)
• must not on-hire skilled workers (unless the occupation is exempt)
• or persons associated with the business, do not have adverse information known to the department
• once approved, must comply with all sponsor obligations
• must attest to a strong record of, or a demonstrated commitment to:
  • employing local labour
  • non-discriminatory employment practices.

A: Employers can sponsor or nominate a foreign worker for either a temporary or permanent visa in Australia. The temporary 457 visa can be granted for a period of up to 4 years and requires that the visa-holder works only for the sponsoring business. A business must first apply to DIBP to become an approved sponsor, and can then nominate as many employees as their business requires. The sponsored employee must work in an occupations required in Australia and there are requirements that both the employer and employee must satisfy. Employers can also nominate a person for a permanent residency visa under ENS.

A: Yes, training benchmarks must be met by all businesses that have been trading in Australia for over 12 months, who apply for approval as sponsors under the Subclass 457 program.

To do so, the key element in providing evidence of training with the sponsorship application is that the training is formal, structured and independently verifiable.

The applicant for approval as a sponsor may choose which benchmark they will meet. The department assessing the application for sponsorship will also assess the evidence supplied by the applicant to determine whether the benchmark has been met.

We are happy to discuss and explain the process further.

A: No, as a sponsor, you must meet the training benchmark requirement every year that you are a sponsor. In making the commitment to meet the training benchmarks on an ongoing basis, sponsors are expected to fulfil this commitment during their period of approval as a sponsor. Sponsors who do not continue to meet the training benchmarks during their period of approval may be barred from sponsoring overseas workers or have their approval as a sponsor cancelled.

A: There are migration options for parents of Australian permanent residents who are ‘settled’ in Australia. Eligibility will depend on which countries all other family members reside in and particularly how many of them live in Australia. There are two types of parent visas:

1. Parent Visa; Note that processing times for parent visas are extremely long.
2. Contributory Parent Visa; Note that will cost you a considerable amount of money and it’s generally processed within 18 months of lodgement.

We are happy to discuss the most relevant type for your case.

A: To get a Spouse visa, you must be married to or in a de facto relationship with an:

• Australian citizen
• Australian permanent resident
• eligible New Zealand citizen.

This visa allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to travel and/or remain in Australia (depends on the Spouse visa subclass). ​

A: Yes, it is possible for you to be granted a partner visa, provided that you maintained your relationship throughout the times apart, you never intended to be apart permanently, and you can provide a reasonable explanation for the physical separation, evidence of your ongoing relationship and continuing communication throughout this time. We are happy to discuss the kinds of evidence that DIBP will require.

A: Your child will automatically be given Australian citizenship if:

• the child was born in Australia
• at least one of the child’s parents was an Australian citizen or permanent resident when the child was born.

However they are some exceptions, please give us a call to discuss.

A: If you applied for a visa while in Australia, it is likely that you can apply for review of the refusal decision to the Migration Review Tribunal. In some cases, applications that were lodged offshore will also be eligible for review. Note that this is a lengthy and expensive process, and that in many cases it is advisable to lodge another visa application rather than seek review. We are happy to discuss the best strategy for you.

A: You may be able to apply for a visa after remaining in Australia illegally, however this will depend on your particular circumstances. It may be necessary for you to leave Australia to lodge a visa application offshore before you can return and legalise your status. In some cases you may be able to lodge an application and remain in Australia during processing. We are happy to discuss strategies based on your own particular circumstances.