Craddock Murray Neumann has a long and distinguished record of assisting people to settle in Australia as migrants.
We provide our clients with advice and representation in relation to all classes of visa including:
- Business owner / Investor visas
- Skilled visas
- Sponsored employee visas;
- Student visas
- Family sponsorship visas
- Humanitarian and refugee visas
We also act for clients where the Department of Immigration and Citizenship has cancelled a visa.
We are referred work by business, government, community organizations, and also by the many people we have assisted over the past twenty years – more than 3000.
Our firm is also proud of its work over the years sponsored by the Department of Immigration where the Department sponsors our firm to represent:
- applicants in detention seeking refugee status
- disadvantaged people living in the Australian community in a variety of visa applications -funding under the community scheme is limited and is means and merits tested.
Our team leaders
Our senior lawyers include:
- Michael McCrudden, who holds a Master’s Degree in immigration and administrative law. Michael has extensive experience acting for employers and visa applicants in relation to skilled, sponsored employee and business visa applications, as well as applications in a wide variety of other visa classes, including refugee and humanitarian applications
- Nick Houen, who was awarded the University Medal (UTS). Before qualifying as a lawyer, Nick spent ten years as an employee of the Department of Immigration – gaining first-hand knowledge of the procedures and culture of the Department.
How we can help
We are lawyers and migration agents. Unlike migration agents who are not lawyers, we can help with:
- all of the visa applications available under Australian law
- all applications to the Migration Review Tribunal, the Refugee Review Tribunal and the Administrative Appeals Tribunal
- all applications to the Federal Court and the High Court of Australia.
Because of our legal training:
- we know how to present the facts
- we know how to argue a case
- we are able to assist our clients to make visa applications and also to challenge the validity of adverse migration decisions through the Tribunals and Courts.
Over the years our firm has won numerous applications before the Tribunals and the Federal and High Courts. For example, we took our clients all the way to the High Court of Australia in the matter of NAGV and NAGW v Minister for Immigration and Multicultural Affairs. This was a complex migration matter– and the High Court decided the case in favour of our clients in a unanimous 7-0 decision.
We advise honestly and openly about the prospects of a case. Visa applicants and business people need to know whether their application will have reasonable prospects of success, and whether they are wasting their money pursuing something which will never be obtained.
Whatever visa class you are seeking, at Craddock Murray Neumann we can advise you of the requirements and represent you so as to maximize your chances of gaining your visa.
As noted above, we also help disadvantaged people through funding provided by the Department of Immigration. Funding is limited. We might be able to help you if you:
- are living in Australia and;
- believe you might have a strong case - a merits test applies and;
- cannot afford a lawyer - a means test applies.
Business visas
Business visa applications are very complicated and technical. It is expected that all applicants will be able to provide sound evidence to support:
- their claims in relation to their business/investment career
- their holding in a business(s) or investment(s)
- their personal and business assets
- their reason for coming to Australia, i.e. to set up a business or invest.
If an applicant is not able to secure a permanent resident business visa, they may nevertheless be able to qualify for the provisional visa, which can be used as a pathway to permanent residence.
In order to be granted a business visa it is usually necessary for the applicant to be under 45 years of age or 55 year of age if the visa application is sponsored by a State government. English language proficiency is also a requirement for some business visas.
Business visas can be divided into the following categories:
Business owner/Business Talent visas
These visas can be granted to people who:
- have held ownership interests in a business with a large turnover during at least the last 2 years
- have had an overall successful business career
- have significant funds available to support themselves and their family in Australia.
The business talent visa also requires the visa applicant to have an interest in an Australian business with Australian employees, and is subject to a points test.
Senior Executive visa
This is a permanent visa. This visa allows people to continue their business career in Australia who have:
- occupied a very senior management position in a large business which has generated a turnover of at least A$50,000,000 in two of the last four fiscal years and
- personal assets in excess of $500,000
Investor visas
This category of visa requires applicants to prove that they:
- have had a successful record of managing an eligible (non-passive) investment or business, particularly during the last 3 years
- have held at least a 10% interest in this investment or business and
- have A$2,250,000 in assets to support themselves in Australia
- are prepared to deposit an additional A$1,500,000 into a designated investment for 4 years and
- intend to continue with their investment activities in Australia
Skilled visas
Skilled visas are also referred to as “points tested visas” and can be broken up into two categories, onshore and offshore visas.
Points are awarded to visa applicants based on their:
- occupation
- qualifications (with more points being available for Australian qualifications)
- experience
- English language ability
- age
- the qualifications of their spouse
Onshore skilled visas
The permanent residence skilled visas that can be granted while the applicant is onshore (in Australia) generally require the applicant to:
- have engaged in study in Australia
- have a high level of English language proficiency
- be under 45 years of age
- have their skills assessed against their nominated skilled occupation
For a “skilled independent visa”, the applicant must achieve a points score of 120, however if the applicant is sponsored by a family member, the required score is 100.
Applicants who do not achieve the required score may apply for a provisional skilled visa, which is not points tested.
These visas give the visa applicant an opportunity to work towards gaining the points they need for either a skilled independent, skilled family sponsored or skilled regional visa.3
Offshore skilled visas
For applicants who are offshore, the criteria for the permanent residence skilled visa is similar to the criteria for the offshore skilled visa. However the requirement that the applicant has studied in Australia is replaced by a requirement that the applicant has been employed for a certain period in an occupation on the skilled occupation list.
Again, for a “skilled independent visa” the applicant must achieve a points score of 120; however if the applicant is sponsored by a family member, the required score is 100.
A scheme of provisional visas also exists for offshore applicants who are not immediately able to meet the points test.
Employer sponsored visas
There are two broad types of employer visas: temporary visas, also known as 456 or 457 visas; and permanent visas, also known as “employer nomination visas”.
To qualify for the temporary visa, the applicant needs to demonstrate that:
- they are sponsored by an employer who has been approved as a sponsor
- they have been nominated in a skilled occupation
- they have the necessary skills to perform the skilled occupation
- they hold the appropriate licenses
- depending on the occupation, they have sufficient English language skills.
For the permanent visa, the applicant must demonstrate that:
- they are under 45 years of age
- they have sufficient experience and qualifications (and are often required to undergo a formal skills assessment; a formal skills assessment is rarely required for the temporary visa)
- they demonstrate sufficient English language skills, usually requiring an applicant to undergo an IELTS (English proficiency) test.
The age and English language requirement can be waived in exceptional cases.
Student visas
Student visas, as the name suggests, allow students to come to Australia for the purpose of undertaking a course of study in Australia.
In order to be granted a student visa, the applicant must demonstrate generally that:
- they are enrolled in a course in Australia
- they have sufficient financial resources to support them while they are studying; the extent of the financial resources will depend primarily on the nationality of the student.
It is very important when considering which course of study to take in Australia, that you are aware of the occupations which are currently on the skilled occupation list. By tailoring your education towards these skilled occupations, student visa holders are often able to go on and secure permanent residence in Australia.
Family Migration
Under the family migration category, people can sponsor their partners and dependent children. It is also possible to sponsor an interdependent partner.
This category also allows the sponsoring of other family members such as: parents, last remaining relatives and aged dependent relatives.
You can also sponsor family to migrate to Australia to care for an Australian who is disabled.
We can advise you on the detailed requirements for these visas.
Humanitarian and Refugee visas
The humanitarian program includes refugees and those with special humanitarian needs.
If a person has experienced (or fears) serious harm in their country of origin, they are outside their country of origin and they have a family member or organization in Australia who is prepared to support them, they may apply for resettlement in Australia. If their application is successful, they are to likely be granted permanent residence.
For those who are on-shore, in order to be granted a protection visa they must demonstrate that:
- they meet the definition of a refugee contained in the United Nations Refugee Convention and the Migration Act – this requires them to have a well-founded fear of persecution
- the persecution has to result from one or more of the 5 grounds listed in the definition, that is race, religion, nationality, membership of a particular social group, or political opinion.
If an application for a protection visa is granted, the applicant may be granted either a temporary or permanent protection visa. Whether or not they qualify for the permanent visa will depend on a number of things, including how the person came to Australia.
- We charge competitive rates for the work we do
- We provide:
- high quality service
- experienced and skilled lawyers
- honest advice so that our clients do not waste money pursuing a claim which has no chance of success
- an up-front estimate of fees, and in most cases, fixed or capped fees.
If you wish to find out more about our services, or want a quote on our fees, please
contact us.
From 1 March 2003 it is compulsory for agents giving migration advice to publish and give
this attachment to all parties seeking immigration advice.