Australian Immigration Process can be Daunting

Over 50,000 years ago our first inhabitants walked across land bridges from the Malay Archipelago and New Guinea. For thousands of years, these people lived in isolation from the rest of the world, cut off completely when melting ice caused the sea levels to rise. There is evidence of landings by Europeans in the 17th and 18th centuries, but it was not until 1788, when the First Fleet arrived from England, that colonisation took place. From those first migrations 50,000 years ago, Australia has been peopled by immigration but this is often forgotten in the various and often emotional debates that take place around Australian immigration policy from time to time.

Fast forward to now, and immigration is still an important initiative supported by the policies of successive federal governments that have continued the post-World War II catch-cry of “populate or perish.” The number of immigrants accepted each year is adjusted according to economic conditions, humanitarian pressures, skill shortages and other issues, creating an industry around the whole immigration Sydney process.

There is a common perception in some areas that Australian immigration is an easy process, but a review of the information made available for prospective migrants by the federal government shows a complex field with multiple requirements for qualification to migrate. For example, on the Department of Immigration and Citizenship website there are currently nine information booklets containing the necessary information for people who fall within the nine different categories of migration.

Among those nine categories are separate ones for partner, child, parent and other family migration. Further categories focus on business and skills migration and others are in place to service special categories. Some of the requirements for lodging an application under the General Skilled Migration category, for example, gives some indication of the amount of information that applicants must provide. Documents proving age, language proficiency, qualifications, occupation, work experience, skills assessment, employment experience and educational qualifications must all be provided as part of the Australian immigration application process. There is a points test, and information must be supplied to check the health and character of the applicant.

The fact that each year, thousands of people are willing to go through this process to be able to call Australia home is a testament to both the human desire for a better life, and Australia’s efforts, particularly since 1946-47, to transform into a tolerant, welcoming, multi-cultural society. Prospective migrants having difficulty with their application can seek the help of an immigration lawyer Sydney.

While the debate surrounding Australian immigration policy will no doubt continue ad infinitum, people wanting a fresh start in a new environment will still attempt to negotiate the maze that is the application process. It will be much easier for them if they approach a professional at the start, to help them through it.

Court Processes No Sweat for Family Law Divorce Lawyer

The latest divorce statistics available for Australia surprisingly show that the rate of divorce in on the decline and is at its lowest rate since 1988. This is no cause for a major celebration however, as the rate has fallen from a peak of 54,000 in 2001 to 47,000 in 2007. With those numbers, there is still plenty of work for any family law divorce lawyer to do, with thousands of couples each year still needing help and advice, once they have made the decision that their marriage is irretrievable. Professional legal advice is especially important if the separation is acrimonious resulting in the couple being unable to make rational joint decisions.

Many people may be surprised to know that the legal process of divorce under Australian Family Law is simply to officially acknowledge that the marriage has ended. It does not deal with issues around the division of property or child custody arrangements. However, depending on the circumstances it can be a complex process that should be handled by an expert in family law Sydney.

The start of the process is for the Court to prove that, firstly that the marriage is valid, usually evidenced by sighting a Certificate of Marriage. If the marriage certificate is in a language other than English, a sworn translation must be provided to the Court. If there is no marriage certificate, the Court may request some other evidence of the existence of a marriage.

Next the Court must establish jurisdiction as it only has the power to grant a divorce if one of the parties considers Australia to be home, intends to live here indefinitely, has lived here all their life, is an Australian citizen or usually lives in Australia, and was living here in the twelve months prior to the application for divorce. The Court must also establish that the marriage has irretrievably broken down. If the couple has been separated for twelve months prior to the application, a declaration by the applicant is sufficient evidence for the Court to make that decision.

The application form is filed in triplicate and one copy returned to the applicant by the Court. A hearing will usually be scheduled approximately within eight weeks. Once the Court is satisfied that the respondent is aware of the application and the hearing date, a decree nisi will generally be granted. The divorce is finalised when a decree absolute is granted, generally one month and one day after the decree nisi is granted. The Court will then issue a certificate of divorce by post.

If everything goes smoothly and all the required documentation is available, it will take approximately 12-13 weeks from filing the application to granting the divorce. However, often there are issues with the documentation, questions about jurisdiction, language barriers and other problems that require the expertise of family lawyers Sydney.

Even simple legal processes can become complicated when things don’t fall into place as expected. When the divorce is handled by a family law divorce lawyer, any surprises or issues are dealt with quickly, so that the client can get on with their lives.

Asset Protection in the Event of Bankruptcy a Must for Business Owners

Even though Australia has, as a nation, avoided the worst effects of the GFC, there are still ongoing ripples moving through the economy that are resulting in the collapse of businesses, large and small, throwing many employees into unemployment, and the business owners into bankruptcy. While no-one enters into business with bankruptcy at the forefront of their attention, the prudent person should at least have some knowledge of the legal framework around asset protection in these circumstances, should the worst happen. There are fair and legal steps that can be taken to separate private and business assets to provide some level of protection which is especially important if the business owner has family responsibilities.

When establishing a level of asset protection the person in the family most likely to have bankruptcy potential must be identified. Logically, this would normally be the person in business as opposed to someone who earns all their income from a wage or salary. The most common legal vehicle used in these circumstances is a Trust, which should always be established by Lawyers Sydney to ensure that everything is set up in accordance with all relevant legislation.

In considering any asset protection strategy involving the spouse of the business person, the question of what happens to the spousal assets in the event of bankruptcy should be raised. Currently, these assets are protected if the spouse is not a partner in the business, and has not guaranteed the business person’s debts, but if they were used as security for those debts, the assets would be at risk. If the spouse legitimately acquired assets and they were not deliberately transferred to the spouse for the purpose of defeating the creditors of the business, they would not be at risk.

Superannuation is another important asset that may become vulnerable in the event of a bankruptcy. The Bankruptcy Act allows for the protection of funds in a regulated superannuation fund, an approved deposit fund or an exempt public sector superannuation scheme. This includes life assurance policies or endowment assurance in respect of the life of both the bankrupt and the spouse. Funds in a Retirement Savings Account are also protected, provided that the total value of all these assets does not exceed the Reasonable Benefits Limit.

The question of what would happen to assets that passed to a person on the death of a spouse before they became bankrupt needs to be asked to finalise an asset protection strategy. The answer is that any inheritance the person received prior to or during the three (3) years of bankruptcy would be available to benefit creditors. To counter this, Solicitors Sydney could arrange for the spouse to create a Trust in their will keeping any inheritance from the person with the bankruptcy potential.

Owning a business is challenging, exciting and risky, all at the same time. Many well-run businesses have disappeared through changing economic circumstances beyond the control of the owners, so it is very important to have an asset protection vehicle set up by legal professionals just in case the worst happens.

Immigration Lawyer Advantages Include Access to Experienced Professionals

Ask any Australian what they think about immigration and a variety of answers will be offered and without doubt, some strong opinions, both for and against. Many responses will be based on personal experience but many others will draw on ignorance and half-truths, not only about the numbers of people entering the country through immigration, but of the legal framework that underpins immigration policy. The truth is that most of us have only a basic knowledge of our immigration laws. For this reason, if approached for assistance with an immigration matter by a friend or neighbor, advise them about the immigration lawyer advantages of dealing with someone who possesses professional training in this field.

Australia’s Migration Act currently contains 500 articles making it a huge and complex piece of legislation generating hundreds of cases annually which must be heard and dealt with. Immigration law is a specialised area of the legal profession that has developed as a result of this complexity. It is almost impossible for general practice lawyers to have enough knowledge and experience to manage immigration legal matters. In fact, they are now referring their clients to Immigration Sydney legal firms for specialist assistance.

To provide clients with the best possible service, specialist lawyers undertake an accreditation process established by the Law Society of New South Wales and the Law Institute of Victoria, and must meet the requirements of the Migration Agents Registration Authority (MARA) for continued professional development. Combine this with a rigorous oversight scheme requiring among other things, professional indemnity insurance and registration with a state legal body, and the immigration lawyer advantages for clients of this degree of knowledge and professionalism are clearly defined.

As the profession evolves and develops there is a concerted effort by regulators to attract lawyers at the start of their careers into this new area of practice. Immigration law firms are increasingly specialising further into areas such as business migration, family reunion migration, skilled migration, refugee law etc, and offering exciting opportunities to legal professionals wanting to practice in a completely different area of law. The end result of the initiatives to raise the standard of professionalism is that the client will receive a much better service.

Australia has enjoyed enormous benefits from the continued efforts of successive governments to attract a diverse mix of migrants to its shores. It is in the public interest to develop the skills of any Immigration Lawyer Sydney so they in turn can assist our economic development by addressing skills shortages through business or skilled migration, or reuniting families separated by war or disaster so all members can make a contribution to our prosperity.

Migration consumers who seize the immigration lawyer advantages available to them can be confident that they are dealing with knowledgeable professionals who will guide them through our migration system. Subsequent descendants of migrants may well look back to the beginnings of this new profession and feel grateful for this guidance.

Many Factors Considered when Deciding Family Law Parenting Orders

Family Law Parenting Orders is not something that is undertaken lightly by the courts, and they are the subject of a rigorous process to ensure that the welfare of the child is paramount in any decisions made by the Family Law Court. It is well known and understood that when parents separate or divorce, there are a lot of extraneous issues that drive the emotions and behaviours of everyone involved. It is the intent of the legislation and the desire of the Court that, while keeping this knowledge in mind, the child is the centre of any orders made, since it is the child who, in these situations, is powerless.
As any family law Sydney expert can attest, especially in the initial period after the separation, logic and reason are often not the behaviours exhibited by the parents when they first seek legal advice. Emotions run high with fear, anxiety and blame the most commonly seen, and which hopefully, with time and healing, most couples are able to overcome to some degree, especially where the welfare of their children are concerned.
In cases where Family Law Parenting Orders are necessary, there are fundamental principles against which the Court determines the best interests of the child. Among these are actions ensuring the child has the involvement of both parents in their lives while keeping them protected from physical or psychological harm due to neglect or family violence. Further, the right of the child to know and be cared for by both parents, regardless of whether they are married, separated, or have never lived together is considered.
The importance of the role of grandparents and the extended family have been recognised in the Family Law Act and is one of the fundamental principles considered in making determinations. In the past, sadly, children and grandparents formed strong bonds, only to lose touch permanently in the aftermath of a separation or divorce. Also recognised is the right of the child to enjoy their culture including spending time with others who share that culture such as extended family.
On 1 July 2006 the Family Law Act was amended to provide the presumption of equal shared parental responsibility, and many Family Law Parenting Orders are sought on this basis. However the Act also sets out factors to help the Court make these determinations. The Court considers the child’s views on equal time with both its parents, the practical difficulty and expense of dividing the child’s time this way, the likely effect of this arrangement on the child and a number of other important factors. Parents who need representation should consult with Family Lawyers Sydney for experienced comment and help.
Family Law Parenting Orders are always difficult, but with the child’s best interests at the forefront, the adults who care for them the most must come to some arrangement that will benefit the child. This is one of those times when maturity is needed, and sadly, it is often when it is most lacking.