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PERMANENT RESIDENCE

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Becoming an Australian Permanent Resident

Becoming a permanent resident in Australia has a range of benefits. If you have been granted a permanent visa (as opposed to a temporary visa), you have the right to live and work in Australia indefinitely, avoiding the stress of navigating temporary residence visas. Permanent residency is also a step towards achieving Australian citizenship.

In Australia, eligibility for permanent residency is determined by the Department of Home Affairs, a department of the Australian Government which is responsible for immigration decisions, including the granting of permanent residencies and Australian citizenship.

Currently, there are three main forms of permanent residence visas in Australia, namely:

  1. Family-stream permanent residence visas;
  2. Work-stream permanent residence visas; and
  3. Business or investment-stream permanent residence visas.

These categories of permanent residency visas are explored in greater detail, below.

Family-related permanent visa categories

Some permanent residency visas are available to certain family members falling into particular categories (such as “partner visas”). Generally, family-related permanent residency can be applied for by those who are partners (including de facto), children, parents or dependant relatives of an Australian Citizen, a permanent resident of Australia or those who are eligible New Zealand citizens. In addition, permanent residency visas are available to children being adopted outside Australia, or carers who are moving to Australia to provide long-term assistance and care to an approved relative.

Work-related permanent visa categories

Australia actively encourages skilled migration and skilled workers with particular professional skills and occupations. These generally will be available for workers who have skills valued by the Australian government, or if you have an Australian employer sponsoring you. In particular, Australia values skilled regional employment, and so if you are considering working in regional Australia, this will be highly valued in an application for a skilled worker visa.

If you are looking for a work visa which will provide you with eligibility to become a permanent resident of Australia, there are a range of visa subclasses that you may be eligible for. These include:

If you have sustained injury in an accident through no fault of your own, either physical and/or psychiatric in nature, you may be entitled to make a claim.

Car and other motorised vehicle accidents are an everyday occurrence in every Australian state, and therefore there are strict rules and regulations governing compensations for victims of such accidents. 

You will need to speak to a personal injury lawyer to establish whether your injuries will entitle you to a compensation claim. 

Lawyers at Jameson law can assist you in your personal injury claim if you have been injured as a result of a car accident which occurred in NSW, QLD, VIC and the ACT. 

As noted above, motor vehicle accident claims are commenced by lodging a claim form with the relevant CTP insurer. The claim form is uniform across all insurer’s and can be obtained from the State Insurance Regulatory Authority (SIRA) website, which is the board that regulates motor vehicle accident claims in NSW. 

There has been a drastic change to the motor vehicle accident claim process in NSW since December 2017 following the implementation of the  Motor Accident Injuries Act 2017 NSW. 

It is recommended that you speak to a Lawyer immediately or as soon as possible following a motor vehicle accident to ensure that your claim form is lodged within the time limits. A claim for weekly benefits should be lodged within 28 days. 

If you have been involved in a motor vehicle accident, visit our page on road accidents [hyperlink it] for more information on how to make a claim.  

In a nutshell…

Motor vehicle accidents are one of the most common occurrences in Australia. If you are involved in a motor vehicle accident and you are not at fault, you may be entitled to make a claim for compensation if you have sustained an injury a result. Act quickly as you should lodge your claim within 28 days (note: even if the 28 days have lapsed, you are still entitled to make a claim. Speak to us today if this applies to you)

READ MORE ON MOTOR VEHICLE ACCIDENTS >

Employers are bound by the law to provide a safe working environment to their employees, to take all precautions to eliminate risks and prevent injury. 

If an employee has been injured at work, they have entitlements to claim for personal injury compensation. 

Worker’s compensation also covers dust injury claims for example asbestosis which is a disease caused by the inhalation of asbestos fibres for an extended period of time.  

Public places such as shopping centres, schools, supermarkets and roads ought to be safe for all people. Owners and/or people responsible for public places must take all necessary actions to ensure that their patrons are not at risk of sustaining an injury or harm. 

If you have been involved in an accident in a public place, you should contact our law firm to speak to a personal injury lawyer as soon as practical.

Personal injury law is established to compensate the injured person for medical treatment and expenses, loss of income and pain and suffering resulting. Public liability claims encompass a wide variety of circumstances in the Australian law, the most recurrent being personal injury claims and negligence. Therefore, if you suffered an injury in a public area as an immediate result of someone else’s actions, book an initial personal injury consultation to determine whether a claim for compensation under public liability will be the right path to take.

Every health professional such as a GP, surgeon or a dentist has a duty of care towards their patients. Medical malpractice is when a medical professional breaches their duty of care and causes injury or harm to their patient through an act or an omission of an act- that is a failure to do something. Once it is established that duty of care has been breached; this gives rise to claim for compensation. 

Medical negligence is one of the most serious claims under the injury law, yet medical malpractice regrettably remains common. Since its repercussions can significantly alter both one’s health and life, don’t hesitate to approach us for legal advice and compensation claim possibilities.

The Australian law provides a detailed compensation scheme for those who suffered institutional sexual abuse, along with civil claims against the perpetrators for pain and trauma. Due to the claims’ sensitive nature, time limits are of the essence. If you’re a survivor, reach out to us as soon as you can and book in an initial consultation.

The Australian law protects consumers against faulty products by imposing a duty of care on companies to produce faulty-free products.

We can make a personal injury claim on your behalf under product liability in the case of defective components, machinery, or vehicles, hazardous chemical products or pharmaceuticals, faulty goods, electronics, or appliances, and medical devices or implants which don’t perform their functions and instead cause personal injury.

If you’ve encountered a similar situation, our team can provide you with adequate legal advice to proceed with your compensation claim.

Investment and business visa categories

Some categories of work visa provide permanent residency status to individuals looking to contribute to the business and/or investment environment in Australia. Generally, investment and business-related visa categories will require you to hold or to have held a more provisional visa relating to the investment and/or business in respect of which you seek permanent residency.

Some of these include:

  1. Business Innovation and Investment (Permanent) Visa – for entrepreneurs, investors and business owners looking to continue their business/investment activity within Australia;
  2. Investor visa – for those who hold a provisional subclass 162 visa; and
  3. State or Territory Sponsored Investor – this is to facilitate significant investment, for visa holders of a subclass 165 (provisional State/Territory sponsored investment visa).

Disclaimer

The above is general legal information and should not be considered legal advice. You should contact our law firm for legal advice tailored to your specific legal matter. The courts deal with matters on a case-by-case basis. It should also be noted that there may be court delays due to COVID-19 and alternative arrangements made for legal proceedings.

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Frequently Asked Questions.

The cost of a visa application depends on the kind of visa for which you are applying. Some business/investment visas can cost anywhere from $2,500 (AUD), up to almost $8,000 (AUD).

The application process (including processing times) for Australian visas are all provided for by the Department of Home Affairs. Processing times depend on the particular visa you are applying for and your circumstances as an applicant, such as whether you require a bridging visa or an employer nomination (or nomination from a State/Territory government).

There are English language requirements for certain permanent visa categories, as well as for obtaining Australian citizenship. It is important to seek guidance on whether your Australian visa has English language requirements to determine your eligibility.

Unlike a temporary visa, a permanent visa will allow you to live and work in Australia indefinitely and with no limits on the time you are allowed to spend here. In addition, applicants for Australian citizenship will have completed a period of permanent residency prior to making an application.

Australia values skilled migration, international investment, and respects the need to maintain family and community ties (particularly in regional Australia). Provided you have a sound background and fall into a category of permanent visa subclass, it is not hard to obtain permanent residency. Often, applicants will have spent time as a visa holder of a temporary visa, prior to obtaining a permanent visa.

Student visas in Australia typically only remain valid for your period of enrolment in study (i.e. the length of the course for which you are enrolled as an international student). A bridging visa may be available if you are able to show that you will be eligible for a permanent visa at the end of your period of enrolment (i.e. if you find sponsored employment).

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