AREAS OF EXPERTISE

AREAS OF EXPERTISE

WJ Markwell & Associates have vast experience across all types of visa applications, ranging from simple visitor visas to more complex significant investor matters. Below are some of the applications we particularly specialise in.

REVIEW APPLICATIONS

Decision makers are only human, and as such there will be times where mistakes are made in the process of deciding a visa application. WJ Markwell & Associates specializes in review applications for visa refusals and cancellations, having successfully handled review applications in the Administrative Appeals Tribunal (AAT) and across all Review and Appeal Courts. We thrive on the Review and Litigation process involved with Migration, where difficult Applications may be undertaken in the Courts at very short notice.
  • AAT - If you have received a refusal for on your visa application, or a cancellation of your visa, we are experts in handling review applications through the Tribunal. We have experience in the Tribunal across all matters, from simple Departmental error to more complex visa refusals and cancellations. Engaging WJ Markwell & Associates to handle your review matter means you can be confident your review application will be dealt with by experienced professionals with high success rates before the Tribunal.
  • Judicial Review - Where the Tribunal has affirmed a decision not to approve a visa application, applicants may seek to commence an application for judicial review of the decision. Judicial review is an extremely technical and often difficult process, and should be handled by someone with the legal knowledge to ensure your matter is adequately presented to the court. We have vast experience in matters of judicial review, having handled matters across all review courts. In particular, William Markwell served as junior counsel on the precedent setting High Court matter of Minister for Immigration and Citizenship v Li [2013] HCA 18, where a landmark decision was made by the High Court in relation to unreasonableness in Australian Administrative Law. By engaging WJ Markwell & Associates to handle your review matter, you can be confident your review application is being handled by experienced professionals intent on providing the best possible outcome in your matter.

CHARACTER MATTERS 

All visa holders and potential migrants to Australia, whether temporary or permanent, are expected to be of good character. The provisions relating to good character under Australian migration law are strict, and often catch out unsuspecting applicants or visa holders who can quickly find themselves facing visa refusal, or worse, deportation. Whether you have previously been convicted of a crime and wish to apply for an Australian visa, or are currently in Australia and have been charged with a crime, it is important to seek expert advice and assistance with issues relating to character given the seriousness of the potential repercussions.

We have vast experience in successfully assisting clients with a broad range of character issues, ranging from drink driving and drug related offences, to more serious criminal charges. We will expertly handle your application with professionalism and an open mind, no matter the offence you have been charged with. With matters being run successfully at the Department level, as well as before the Administrative Appeals Tribunal, we are well placed to ensure the best possible outcome for your matter.

HEALTH WAIVER

Australia has very strict requirements for migrants when it comes to their health. All migrants lodging permanent visa applications are expected to undertake medical examinations to ensure they are of good health, as are many temporary visa applicants. Applicants can soon find themselves facing visa refusal if it is found they have a condition that the Department deem to be a “significant cost” to the Australian community – this is whether or not applicants have private health insurance or plan to avail themselves of treatment in Australia.

The lawyers at WJ Markwell & Associates have experience with health waivers across a broad range of conditions, including HIV, Cerebral Palsy, Downs Syndrome, and Autism. We will handle your matter with professionalism, empathy and discretion, ensuring you have the best possible chance of securing a visa approval.

FAMILY VIOLENCE

It is an unfortunate reality that many migrants upon uprooting their lives to be with their Australian partner find themselves suffering from a breakdown in the relationship due to family violence. Whilst the breakdown of a relationship before an applicant has been approved for a permanent visa would normally require the applicant to depart Australia, this may not be the case where the applicant can prove the occurrence of family violence led to the relationship breakdown.

In line with the expectations of the Australian community the Department takes instances of family violence very seriously. We are highly experienced with matters pertaining to family violence, meaning you can be assured your matter will be handled with utmost sensitivity and professionalism.

CHILD VISAS

Though making up a relatively small proportion of Australia’s overall immigration intake, child visas are amongst the most heavily regulated areas of Australian migration law. This level of regulation means that child migration matters are often far more complex than they first appear, and it cannot be taken for granted by applicants that simply because a child-parent relationship exists that the visa application process will be easy, or the grant of a visa automatic.

The types of complications associated with child migration highlight the importance of ensuring that applicants engage professional assistance when preparing to lodge applications for child migration. Even the most straightforward concepts such as dependency can create difficulties in the processing of child visa applications. WJ Markwell & Associates have experience in navigating complex and complicated migration regulations to achieve positive outcomes for clients in cases involving both adopted and biological children, and can assist in making the process of child migration simple and stress free.

PARTNER VISA

With international travel becoming far more accessible, and the rise in popularity of online dating, an increasing number people are now finding their ideal partner resides in a country other than Australia. The number of partner visa applications lodged with the Department increases every year, and though a seemingly straightforward application, partner visas contain many traps that mean inexperienced applicants can soon find themselves facing a visa refusal. The abuse of partner visa applications through sham relationships also means the Department are extremely vigilant in their assessment of these applications. Applications that are not prepared thoroughly run a high risk of refusal.

With so much riding on the outcome of the visa and the high application fee associated with the application, it is important to engage experienced professionals to assist with what can be a very stressful and emotional time for many couples. We have experience with extremely complicated partner visa matters, meaning you can feel assured that you and your partner will be free to focus on building your life in Australia.

EMPLOYER SPONSORED VISAS

In recent years the Australian government has made huge changes to employer sponsored visas, with many subclasses of visa being replaced and certain schemes being removed all together. The constant changes in employer sponsored visas make them an increasingly complicated area of migration law. WJ Markwell & Associates specialises in assisting employers with applications for skilled foreign workers, and has a special interest in assisting regional employers facing critical employee shortages to obtain skilled overseas workers. We, as professional agents and lawyers can assist with the following:
  • Temporary Skill Shortage Visa (Subclass 482) - The Temporary Skill Shortage (TSS) visa replaced the Temporary Work (Skilled) (Subclass 457) visa in March 2018. With both short-term and long-term visa options available under the scheme, as well as requirements relating to labour market testing, the Skilling Australians Fund levy, minimum wage amounts and ensuring workers meet the skilled requirements, these visas can prove onerous for time-poor employers. At WJ Markwell & Associates we can assist to streamline the process so that employers can focus on the day-to-day running of their business, knowing the application is in good hands. We have experience in assisting businesses ranging from large multi-national companies to small suburban businesses, with high success rates across all types of business.
  • Employer Nomination Scheme Visa (Subclass 186) - The Employer Nomination Scheme Visa (ENSV) allows applicants to be sponsored for a permanent visa by their employer, provided they meet certain age, English and skill level requirements. The ENS is also available to applicants who have completed a certain period of employment with their sponsoring employer under the old Subclass 457 or current Subclass 482 visa schemes. These category of visa are strictly assessed by the Department, and in order to ensure the success of your Permanent Residency application it is vital to seek advice and assistance from experienced professionals to avoid complications.
  • Regional Worker Visas (Subclass 491, 494 and 191) - A relatively new category of visa that replaced the Regional Sponsored Migration Scheme (RSMS) and Skilled Regional (Provisional) visas in November 2019, the visas under this scheme is designed for employers in regional areas who find it difficult to attract workers. The schemes allow for the sponsorship of employees for the approval of temporary visas, with a pathway to permanent residency after specified periods of time. The schemes also allow visa applicants to lodge expressions of interest to be invited to apply for the visa on the basis of having eligible family members reside in regional areas.
  • Short Term Specialist Visas - We understand that there are times when companies require specialised labour for very short periods of time, making it difficult and costly to pursue more traditional employer sponsored visas. At WJ Markwell & Associates, we are well versed on the plethora of short-term visa options available to businesses that cover a wide-range of scenarios including specialised skill, training, staff exchange and other special or out-of-the ordinary staffing requirements.

GENERAL SKILLED MIGRATION

With the Australian government continually restricting the number of permanent visa places available under points tested migration, it is more important than ever to have a professional assess your application and provide realistic options for migration based on your skills and experience. WJ Markwell & Associates have successfully assisted many applicants to secure permanent residency under the general skilled migration program.

REFUGEE

WJ Markwell & Associates have had significant success in assisting vulnerable clients to secure protection and refugee visas for Australia from a broad range of countries such as Iran, Iraq, Afghanistan, Venezuela, Russia, Tanzania, Saudi Arabia, Sudan and the Congo.

We are very experienced with refugee matters, meaning you can be assured your application will be handled with professionalism, discretion and sensitivity.

WJ Markwell & Associates has undertaken numerous protection visa applications and a considerable number of these have ended up in the Federal Courts and also in the High Court of Australia.

William has just undertaken a Masters in Human Rights and Global Ethics at the University of Leicester in the UK and produced an extensive dissertation paper on Australia’s asylum and protection visa regime. WJ Markwell & Associates has extensive experience in relation to these matters.

PARENT VISAS

There are numerous options for migrants to apply to bring their parents to Australia, however as with most categories of visa, eligibility for parent visas varies depending on the circumstances of the family. The regulations around these visas are complex, and the smallest mistake can be costly for applicants and lead to disappointing outcomes. WJ Markwell & Associates are experienced in all subclass of parent visa, from the new temporary visa to more permanent arrangements. We can provide a comprehensive assessment of the options available, ensuring you can be confident of achieving the best possible outcome for your family.

BUSINESS AND INVESTOR VISAS

For applicants with a sound background of business experience who wish to migrate to Australia, there are several options available. Given the expense associated with these applications, it is vital to have your matter handled by experienced professionals. The lawyers and agents at WJ Markwell & Associates have successfully assisted numerous applicants to achieve their migration goals through investment in Australia. We are experienced in handling Subclass 188, 888 and 132 visa applications and will handle your matter with the diligence and professionalism required for such an important application.

DESIGNATED AREA MIGRATION AGREEMENT (DAMA)

A provision by the Commonwealth Government has seen the creation of what is known as the Designated Area Migration Agreement (DAMA) between the Australian Government and a Regional, State or Territory Authority. This is a fairly flexible agreement and allows access to more overseas workers than the Standard Skilled Migration Program. There are currently twelve (12) DAMA’s in place and these are:
  • Adelaide City Technology and Innovation Advancement, SA
  • East Kimberley, WA
  • Far North Queensland, QLD
  • Goulburn Valley, VIC
  • Great South Coast, VIC
  • Northern Territory, NT
  • Orana, NSW
  • Pilbara, WA
  • South Australia Regional, SA
  • South West, WA
  • The Goldfields, WA
  • Townsville, QLD
In regional and remote Australia, a DAMA agreement may be just what is required in order to source, employ and retain those workers that an employer finding difficult to obtain.

WJ Markwell & Associates is only too aware of the problems that regional and remote employers find in attracting well qualified and enthusiastic staff who are prepared to work in regional and remote areas.

The DAMA may be the answer to staff shortages, for those Employers who have almost given up trying.

LABOUR AGREEMENTS

Labour Agreements are a great way to fill labour shortages in Australia when your business is unable to recruit domestic candidates. There are two main types of Labour Agreement: company-specific, which permits the recruitment of specific occupations for one approved business only, and industry-wide agreements, which provide flexibility to recruit multiple positions over an extended period.

Both types of Labour Agreement have specific requirements, with employers needing to demonstrate that they have attempted to recruit local workers first and provide evidence that they consulted industry stakeholders. Employers must also meet certain standards on health, safety, wages and training before an agreement will be approved.

The advantages of using a Labour Agreement are that it gives employers access to skilled and semi-skilled overseas workers that are not available, or are in shortage, in Australia. The work visas under the Labour Agreement Stream allow skilled/semi-skilled workers to remain in Australia for up to four years and may be used as a pathway to permanent residency. 

One of the most important aspects of a Labour Agreement, is that under the Labour Agreement, an Employer can nominate occupations that are not available on the Skilled Occupation List.

There are a number of Labour Agreements available. These are:

1. Company Specific Agreement: The most versatile, and is suitable to obtain skilled workers for occupations such as:
  • Truck Drivers;
  • Plant Operators;
  • Cotton Giners;
  • Other semi-skilled but essential occupations that are not on the skilled occupation list.

The above occupations are to name only a few, but the skill level for the occupation should be no lower than skill level 3, unless an exceptional argument is presented to Department of Home Affairs (DHA). Other Labour Agreements available are:

2. Minister of Religion 
3. Dairy
4. Fishing
5. On-Hire
6. Meat.
7. Pork
8. Restaurant (Fine Dining)
9. Advertising
10. Horticulture

When considering whether a Labour Agreement is the right solution for your business, it is important to seek advice from experienced professionals who understand the employer sponsored visa options inside out. By taking the time to understand the process and seek appropriate advice, employers can ensure that they are compliant with all relevant regulations whilst also making the most of their investment.

WJ Markwell & Associates, Lawyers offers a range of services to help employers understand and navigate the process of obtaining a Labour Agreement. For more information, contact us directly to discuss your needs.

 

A FURTHER NOTE TO REGIONAL AND REMOTE AUSTRALIA

WJ Markwell & Associates, has a strong grasp of the Agribusiness area, and has acted for Multinationals in the different sectors of agriculture, particularly in relation to cotton and beef.

After the 2009-10 drought, when there was a dire shortage of Cotton Gin Managers, William was able solve the shortage by obtaining visas for suitably qualified persons from both South Africa and the United States.

William was also able to solve a labour crisis for a large meatworks in South-East Queensland, by ensuring that all of it’s foreign staff were able to remain in Australia.

WJ Markwell & Associates is familiar with almost all areas of Australia, from a Mobile Plant Operator in Katherine in the Northern Territory, a Mechanic in Cloncurry, North-West Queensland and a Mixed Crop and Livestock Farmer in Tasmania.

We are able to solve most problems that are regarded as too difficult by other practitioners.
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