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Choosing the right path and the importance of lateral thinking

The team of lawyers and migration agents at Immigration Solutions Lawyers works hard to tailor legal advice to suit your migration needs. Where there are multiple visa options available to you, our many years of experience in immigration law enable us to assist you in choosing the best path.

After arriving in Australia on a Working Holiday visa (subclass 417), the Applicant had been working on a Temporary Work (Skilled) visa (subclass 457) for three years when she approached our firm for help extending her stay in Australia.

Ordinarily, an applicant who has worked for a sponsor for at least two years on a subclass 457 visa and intends to continue working for the same employer can apply for permanent residence under the temporary residence transition stream of the Employer Nomination Scheme (ENS) (subclass 186). Although the Applicant intended to continue working for the same employer, her sponsor had changed its Australian Business Number (ABN). This meant that the employer needed to notify the Department to obtain approval as a sponsor under the new ABN and lodge a new nomination application to sponsor the Applicant for a permanent visa. The Applicant’s previous three years of employment were still relevant for the purpose of the temporary transition stream, as the new ABN would be considered an associated entity of the former ABN.

During the course of her stay in Australia up until this point, the Applicant had met and entered into a relationship with an Australian citizen. When she approached Immigration Solutions Lawyers for help she also advised that the two were expecting a child.

At this point there were several options for the Applicant. She could either apply for a permanent visa under the temporary transition stream of the ENS pending her employer’s renewed approval as a business sponsor and the outcome of the new nomination application, or apply for a family visa. In the interest of expediency, Immigration Solutions Lawyers advised that the best path forward would be to apply for a partner visa (subclass 820 and 801). Given the Applicant’s circumstances, a partner visa offered a faster, more streamlined track to permanent residence and ultimately Australian citizenship.

After compiling the relevant documents to show proof of the Applicant’s genuine and continuing relationship with her partner, Immigration Solutions Lawyers was able to secure a partner visa within 12 months of our initial advice.

Click here to read more about Immigration Solutions Lawyers and Anne O’Donoghue.

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