Migration Services

Minter Ellison’s migration service offering is unique – we are the only national full-service law firm with a dedicated migration practice. Our migration team has a demonstrated track record in providing timely advice and in navigating the frequently changing legislative environment to help our clients resolve their migration issues.

We advise on all aspects of overseas recruitment, working with other practice groups as needed to provide an holistic approach to the recruitment, management and repatriation of internationally sourced talent.

Our registered migration agents advise on initial strategies and requirements; prepare and lodge visa applications and advise on terminations; ensure compliance with relevant legislative and policy requirements; and liaise with local and overseas migration offices.

Refer to the Office of the Migration Agents Registration Authority - Code of Conduct here.

Specific services we offer include:

Establishing or operating a business in Australia

We provide comprehensive advice to and coordinate visa arrangements for high-net-worth individuals seeking to relocate to Australia. We also specialise in visa options for overseas personnel required for initial exploratory visits or to establish a business in Australia.

We help develop migration strategies for overseas talent required to work in Australia, including appropriate sponsorship and employment structures. We help produce migration plans that are aligned with workforce strategy, including the drafting of employment contracts.

We provide comprehensive advice on visa application criteria, evidentiary requirements and processing strategy. We coordinate with local and overseas departmental offices to prepare and lodge targeted applications with submissions that comply with migration law and policy.

Compliance

We advise on applicable sponsorship obligations, and visa conditions and strategies to ensure compliance.

Repatriation and changed circumstances

We also advise on the implications of visa validity periods, work limitations and termination of employment for sponsored workers. We liaise with local and overseas departmental offices and advise on appropriate notifications for changed circumstances. We regularly assist clients with employer nominated permanent residence applications for their existing subclass 457 workers.

27 November 2013

Labour market testing was introduced on 23 November 2013 by the Department of Immigration and Border Protection as a mandatory requirement for all standard business sponsors who wish to nominate a position under the 457 visa program. Nominations that do not supply evidence of LMT and are not exempt from LMT will not be approved by the DIBP.

22 July 2013

On 30 June 2012, the 11th Standing Committee of the National People's Congress issued a new law, the Exit and Entry Administration Law of the People's Republic of China. Effective from 1 July 2013, the law is a response to the drastic increase in personnel entering and exiting the country, and will aim to improve the enforcement of related administrative requirements.

4 June 2013

The Migration Amendment (Reforms of Employer Sanctions) Act 2013 took effect on 1 June 2013. It tightens the criminal offence and civil penalty provisions of the Migration Act 1954 that apply to Australian employers who employ overseas nationals in Australia without a visa or working in breach of their visa conditions.

18 March 2013

The PRC Supreme Court recently issued its Interpretation on several issues related to labour dispute cases effective from 1 February 2013. The Interpretation clarified several matters relating to labour law such as service year calculations for employees transferred from one entity to another one, non-compete restrictions, notification requirements of trade unions for early termination of employment, employment of foreign nationals and the validity of change of labour contracts orally.

2012/2013

This user friendly guide provides answers to some of the most common questions companies face when employing foreign nationals or nationals working abroad. Our Employment Law team dissect the legislation to give you clear advice on employment restrictions, recruitment checks and the 'permission to work' approval process. A step by step section will explain the rights, obligations and entitlements of both parties under the employment contract, including an overview of remuneration and bonuses, tax payments and lawful termination procedures.