Immigration Law

We have extensive experience interpreting a wide range of immigration legislation including the Migration Act 1958, the Migration Regulations and associated Australian Government policy. Our dedicated team of legal experts advise on all aspects of immigration and migration law.

MinterEllison’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. Specific services we offer include:

  • 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;
  • developing 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;
  • providing 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;
  • advice on applicable sponsorship obligations, and visa conditions and strategies to ensure compliance;
  • 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.

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.

Publications
Awards & Recognition
Minter Ellison Alert | New PRC law for foreigners entering and exiting China
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.

Employment and employee benefits
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.

Minter Ellison Alert | 'Fair go' for local workers - changes to the Subclass 457 temporary work visa program
25 February 2013

The Minister for Immigration, Brendan O'Connor announced proposed changes to the Subclass 457 temporary work visa program. The changes will require employers to demonstrate that genuine skills shortages exist before they employ 457 visa holders and will 'tighten' the scheme to ensure local workers are getting a 'fair go'.

Minter Ellison Alert | Update on the Validity of the Independence of CIETAC Shanghai and SCIA
16 January 2013

On 31 December 2012, the China International Economic and Trade Arbitration Commission (CIETAC), a foreign-related arbitration commission set up by the China Council for the Promotion of International Trade (also known as the China Chamber of International Commerce) (CCPIT), released its Announcement on Issues Concerning CIETAC Shanghai Sub-Commission and CIETAC South China Sub-Commission" (the Latest Announcement). This is the latest development in a dispute, which has been on foot since April 2012, between CIETAC, the Shanghai Sub-Commission of CIETAC (CIETAC Shanghai), and the Shenzhen Court of International Arbitration (SCIA) (the CIETAC Dispute). SCIA was known as the South China Sub-Commission of CIETAC before 22 October 2012.