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Australian Law News

Featured

Can Indigenous Australians be deported?

Indigenous AustralianCitizenship

Love v The Commonwealth; Thoms v Commonwealth [2020] HCA 3 for full judgement please go to: https://www.hcourt.gov.au/cases/case_b43-2018

Who is an Aboriginal Australian? And should Aboriginal Australians be treated differently to other groups in Australia?

The High Court recently considered whether two men who were born outside of Australia and were not Australian citizens, but had spent most of their lives in Australia,

where within the reach of the “aliens power” conferred by s 51(Xix) of the Constitution.

 

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Featured

How Does the Coronavirus Affect Your Temporary Visa? Students, Backpackers, 482 visa and New Zealanders

Coronavirus Temporary Visa Holders
On Saturday 4 April 2020, Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, Alan Tudge, made the following announcements for those holding temporary visas in Australia.
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Featured

Temporary Visa Workers 457 & 482, JobKeeper and JobSeeker - The Impact of Coronavirus COVID-19.

Temporary Visa Workers 457 & 482, JobKeeper and JobSeeker - The Impact of Coronavirus COVID-19.

A lot of businesses are currently being negatively impacted by the coronavirus and many others are staring down the wave about to crash over them.

In the sea of information currently spreading on coronavirus matters, it can be difficult to understand where you and your 457/482 visa holding employees stand.

A lot of businesses are finding it necessary to:

  • Reduce staff salaries
  • Reduce staff hours
  • Stand staff down where there is no work for them to do
  • Make arrangements for staff to work from home

There are strict regulations which apply to Standard Business Sponsors and their relationship with sponsored staff.

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Featured

COVID-19 - My Australian Visa Has Expired and I Don't Know What to Do!

 expired visa migration

The Australian Government has introduced a new stream for people whose visas have expired or are about to expire.

The temporary visa subclass 408 is no eligible to Visa Applicant’s whose visa was held in the last 28 days and are unable to apply for the same visa or do not meet any eligibility criteria for another visa.

The purpose of the new visa stream provide a pathway for certain former and current holders of temporary visas to lawfully remain in Australia and who would otherwise be required to depart Australia who, but for the COVID-19 pandemic, are unable to leave Australia.

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Featured

2020 Australian Partner Visa Processing Times

2020 Australian Partner Visa Processing Times

In 2018, one quarter of all Australian marriages were between a local and foreign born person.
That’s 28,452 marriages in Australia and potential spouse visas. (Source: https://www.smh.com.au/lifestyle/life-and-relationships/home-is-where-the-heart-is-or-is-it-20191223-p53mgt.html)

Partner visa processing times have steadily increased over the past two years.

We have previously written about the processing times here: https://www.workvisalawyers.com.au/news/all/australia-partner-visa-processing-times-update-march-2017

The current processing times are such that for a Temporary Partner (subclass 820) visa (onshore) 22 to 29 months on the Home Affairs website (https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/temporary-820)

And for a Partner Provisional (subclass 309) visa (offshore) 17 to 20 months on the Home Affairs website (https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore)

The Department is receiving more applications in a migration program year (same as the financial year, from 1 July to 30 June) than it will be able to process in that year, which is affecting your ability to get the visa granted.

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Our South Australia Immigration Lawyers

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Student Visas, Skilled Migration visas, Business visas, Employer-Sponsored visas, Partner, and other Family Migration visas, as well as Migration Review Tribunal, Judicial Review, and Ministerial Intervention. Based in Adelaide South Australia, our Immigration Lawyers and Migration Agents provide migration advice to people and businesses from all over the world.

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