Immigration Laws a Minefield for a Migration Sponsor

There have been many wildly inaccurate and often hysterical claims made in the media regarding immigration laws and practices in Australia. The divisive nature of the national debate does not take into account the complexity of the immigration laws, and many a migration sponsor must be caused a great deal of anxiety while a migration application is being processed, especially if the person in question is a minor. The facts are that only an Australian or New Zealand citizen or permanent resident can bring a child into Australia, and success is dependent on ensuring that the correct visa subclass is applied for at the outset.

These matters are very complex, and the consequences of making a mistake too dire to be left to inexperienced people to arrange. When a minor is involved, the adults taking control of the situation must first be looking after the wellbeing of the minor, so anyone considering being a migration sponsor should consult specialist lawyers Sydney before taking action.

As an example, one issue that a migration sponsor may not be aware of in respect of a child under 18 is that another party who is not the sponsor, but who has the right to determine where the child resides must give permission for the child to migrate to Australia. However, there are certain circumstances where a Court can issue an order to allow migration. There are no exceptions, however, to the child meeting the health and character requirements, and if they are over 18, they must read the book 'Life in Australia' and sign a statement confirming that they will obey and respect Australian laws and values.

There are several visa subclasses and care must be taken to apply for the applicable one. In the case of visa subclass 802 and 101, the child referenced in the application must be under 25 years of age. If the child is 18 years or over, they must be a full-time student and be financially dependent on the sponsoring parent. Where the child has a medically proven disability that would prevent them from working, those provisions may not apply.

An Orphan Relative visa subclass 837 or 117 can be made where the parents have passed away, are incapacitated or missing and no-one can care for the child. However for this visa the child must be under 18. The child must also have relatives in Australia willing to sponsor the child such as aunts, uncles, siblings, grandparents, nieces or nephews. A spouse of one of these relatives can also apply to be a migration sponsor. Lawyers Sydney will assist them to arrange an Orphan Relative visa application.

There are two other requirements that must be met. All documentation must be provided and fees paid to the Department of Immigration and Citizenship as required. A child 18 years of age or older must not have been engaged, married or part of a de facto coupling.

Many Immigration Lawyer Advantages as Specialisation in Immigration Law Becomes the Norm

Immigration law is one of the most difficult and complicated professions within our legal system, and one that is little understood by the average Australian who has not needed its services or intervention. Exposure to immigration law for people outside the legal profession can happen as a result of being an advocate for someone wanting to emigrate, a care worker looking after refugees, or someone who needs access to an immigration lawyer through some unexpected life event. For anyone in these circumstances, the advantages of seeking the advice of a specialist in this complex area should be obvious.

The sheer volume of legislation and accompanying processes surrounding immigration law is cause for this to be a specialist area within the law generally. However within immigration law itself, there are areas of further specialisation that require more expertise than standard Lawyers Brisbane can provide.

Typical areas of specialisation are skilled migration, family migration, business migration and refugee law, and as these are all equally complex, with caseloads increasing each year, it is impossible for a single lawyer to be fully versed professionally in all areas. General lawyers are also using immigration law specialists as consultants in cases where they have an existing client with an immigration problem. By accessing assistance, they are still providing a service to their client, but also creating networking opportunities with immigration specialists that benefit all parties.

This continual move towards specialisation is being assisted by the strengthening of professional standards, and the requirement for lawyers wanting to practice in this area to attend continuing legal education classes. The Law Society of NSW and the Law Institute of Victoria have also established specialist accreditation programs and raised the level of professionalism. A group of immigration lawyers have established a professional body called The Immigration Lawyers Association of Australia (ILAA).

Along with the already existing State regulations which regulate legal practice throughout the country, these initiatives will provide more opportunities for professional development in immigration law, and attract young lawyers to the profession. Compulsory registration with state authorities and the requirement to have professional indemnity insurance is providing confidence that there are avenues of redress for clients in any dispute. While these registrations also apply to general Solicitors Brisbane, they lack the specialist knowledge to practice in immigration law.

The Immigration Lawyer Advantages of this additional professional development is better management of the skilled and business migration programs. The community will also benefit through understanding humanitarian programs and family reunification schemes. Immigration law is an area that has been little understood for a long time, and with these initiatives, ordinary Australians may gain some unbiased insights into how these laws work to protect all of us.