Welcome to paradise!

Tyndall & Co. ®- Immigration Lawyers

Australian immigration law, visas and appeals

Australia has become a much sought-after paradise destination for people seeking global migration and better lives. It is a stable constitutional monarchy, a liberal democracy and a first world country. It has a high standard of living, sound investment prospects, good growth, political and economic stability and excellent wages and conditions. It offers protection of individual rights by the well-established rule of law with roots in Great Britain, a keen sense of justice, a huge natural history and space with a relatively small population, a warmer climate and spiritual, religious and ethnic tolerance. There are strong traditions of the pursuit of sporting excellence, mateship, the ANZAC fighting spirit, support of Queen and country and of doing the right thing. Australia is the lucky country.

Migration advice

Tyndall & Co. are Solicitors and is a worldwide immigration lawyer and provides migration advice, consulting and visa preparation and lodgment services. We have offices in Australia, London.

The scope of the advice includes the best visa pathways to become a temporary or permanent resident of Australia in the various classes of visas including investor and talent visas.

Being a lawyer, provides the client with added advantages over and above a migration agent who is not a lawyer. For example, client files and information can be protected by “legal professional privilege” in certain cases, which means that the lawyer/migration agent can’t be compelled to release confidential client information such as client contact details.

Classes of visas prepared

Some of the visas classes and subclasses are as follows:

Business visas, including business visitor visas and business skills visas, work visas like the skilled independent visas, skilled nominated visas and distinguished talent visas, graduate-skilled visas, working holiday visas and visitor or tourist visas.Investor visas, including subclasses Business Innovation Stream 188(A), Investor188(B), Significant Investor Visa (“SIV”) 188(C) and the Entrepreneur Visa 188(E), Family visas, including partner visas and prospective marriage visas, same sex, parent visas, child visas, student visas, including revocation of student visa reviews and appeals

Applications for: Visa Overstay for unlawful non-citizens seeking clearance; Exclusion periods or re-entry bans; Removal and deportation letters; travel exemptions; and visa cancellations including student visa cancellations.

Business Innovation and Investor visas are the new big
pathway into Australia

These days more and more people have investments and business innovations they can bring to Australia if they migrate. This provides an established pathway to a new life with a future and prosperity for the family. At the same time, Australia benefits with these investments and the new innovations. The investment commitment for these visas is lower than you might think, from $A1.25m and up to $A5m an d $A15m.

Significant Investor Visa 188 C SIV

Toward the top end of investment is the Significant Investor Visa 188 which is a highly attractive visa. It may be affordable for you and your family members. Most SIV visa grants were made to applicants from China, who received more than 84.9% of SIVS since 2012, with the next biggest receiver being Hong Kong, with 3.6%. After that there is Malaysia, South Africa and Vietnam. More than 2349 SIV visas have been granted since the program started. It may be affordable for you and your family members.
There is no age maximum of this visa, so you can be very senior. And there is no language hurdle- you don’t have to speak English well or at all. If you can’t demonstrate functional English, then a 2nd installment of the VAC is required. There is no “points test” to pass.
What is required is the minimum complying investment of $A5m. This can be held by you, or by you and your partner or a similarly owned company. The complying investments that you select can yield a reasonable return on investment (“ROI”). You are not forced into buying only low ROI instruments or investing into a Fund which has no ROI. You can switch investments too to cover unprofitable positions. So, there are prospects of making a return on your investment.
Once the provisional 188 SIV visa is granted you can travel in an out of Australia for the life of the visa, as much as you want. You are free to enter and exit and you can own property here (not part of the SIV investment), subject to Foreign Investment Review Board (“FIRB”) approval.
You don’t have to become “tax resident” of Australia and become subject to world-wide taxation on your overseas income to keep this visa.
To progress to PR (Permanent Residence), and to apply for the permanent 888 SIV, you must have spent only 40 days minimum per year residing in Australia; or alternatively, your partner must have spent 180 days per year residing in Australia, whilst holding the 188 SIV.
This residence requirement does not have to be met per year but can be met cumulatively over the time of the visa. This is not a lot of time to spend in Australia.
Before applying for PR, the 888 SIV, you must have held the 188 SIV for at least 4 years. You must also have been holding the complying investment over the four (4) years. You can also roll over the 188 SIV for 2 x 2-year extensions, if you meet criteria, before graduating to PR.

To be eligible to apply for citizenship by conferral, you must have lived in Australia on a valid visa for four (4) years immediately before applying. This would include the 188 SIV. Also, you must have been a PR for twelve (12) months immediately before making an application and not have been absent from Australia for more than one year in total, during the four (4) year period, including no more than 90 days in the twelve (12) month period before applying. Good character, basic knowledge of English, intention to reside, a continuing association, knowledge of privileges and responsibilities of Australian citizenship are other conditions.
As a visa pathway to Australia, the Significant Investor Stream is one of the best available and processing is given a high priority.

The Business Innovation Visa SC 188 A is available if you have $A1.25 in Net Personal Assets, you have an ownership interest in an existing business with a turnover of $A750K or more and you have a genuine intention to develop an existing business or establish a new one in Australia. It is points tested and you must be under 55 years of age at time of invitation.
The Investor Visa SC 188 B is the little brother of the SIV Significant Investor Visa and requires a smaller “designated” investment commitment of only $A2.5m into prime state or territory government securities, such as NSW Waratah Bonds. This is investment must be held for the life of your provisional visa. The Bonds are government guaranteed (when available) and previously carried a 1.76% coupon, with interest payable monthly. To obtain this visa your personal assets must be $A2.5m net and you must have an intention to reside in the State for at least 2 years. It is points tested and you must be under 55 years of age at time of invitation.
The Entrepreneur Visa SC 188 E only requires that the nominating state or territory is satisfied that the complying entrepreneur activity will be of exceptional economic benefit to that state or territory. It is not points tested but you must be under 55 years of age at time of invitation. Application is by way of Expression of Interest to the State or Territory at first instance.

Temporary Skills Shortage “TSS” work visa SC 482 & Provisional sponsored work visa SC 494 and 491

The TSS 482 (like the old 457) visa subclass as well as the permanent Regional Sponsored Migration Scheme (“RSMS”) and the Employer Nomination Scheme (“ENS”) 186/187 subclasses, have undergone a radical overhaul. The new 482 visa fills that space with changed criteria with the SC 494 and SC 491 providing a provisional visa and pathway to PR after 3 years.
The List of Eligible Skilled occupations was dramatically shortened on 19 April 2017. The TSS visas are now the Medium and Long-term Strategic Skills List (“MLTSSL”) replaced the previous Skilled Occupation List (“SOL”). The Short-term Skilled Occupation List (“STSOL”) replaced the previous Consolidated Sponsored Occupation List (“CSOL”). Occupations were removed from the Lists and there are now caveats on many of the total occupations under the old SC 457.
However, there are still visas available.
The policy behind the changes is to grant visas for skills shortages and for higher skills, rather than take away existing Australian jobs and keep these visas temporary.
Clients are now looking more closely at potential Business Skills Visas and the Business Innovation and Investment Program (188/888) as outlined above.

Visa applications lodged

Tyndall & Co. also prepares and lodges visa applications for clients, from offshore or onshore; can represent you in any reviews or appeals; and in making formal representations to the Minister.

Passports and change of name

Tyndall & Co. also attends to passport matters, such as applications for new passports or renewals (from offshore or onshore) and change of name applications or registration of defacto relations, with Births, Deaths and Marriages in all states of Australia.

Citizenhip

Applications for citizenship or evidence of citizenship are prepared and lodged.

Recent Articles:

Fast Track to Residence- Article about the SIV or Significant Investor Visa as a great solution where you control and switch the funds you invest and have residence fast
FIRB is the Good Gatekeeper- Article about buying residential property in Australia and FIRB approval