Albert Bridge , Chelsea
“Bold and Excellent”
Experienced Australian lawyers in London
Tyndall & Co. is a small, private and experienced firm of Australian Solicitors and Immigration Lawyers with a branch office in Mayfair, London, England.
We specialise in the following non-reserved areas of law in England and Wales:
- Australian Immigration Law
- Wills & Estates
- Family Law
- Bridging Visa
- Business Law – Banking, Securities, Derivatives law
- Criminal Law
Why Australia? It is fair dinkum.
Australia has become a much sought-after paradise destination for people seeking global migration and better lives. It is a stable constitutional monarchy, a liberal democracy and a first world country. It has a high standard of living, sound investment prospects, good growth, political and economic stability and excellent wages and conditions. It offers protection of individual rights by the well-established rule of law with roots in Great Britain, a keen sense of justice, a huge natural and indigenous history and space with a relatively small population, a warmer climate and spiritual, religious, racial and ethnic tolerance. There are strong traditions of the pursuit of sporting excellence, mateship, the ANZAC fighting spirit, support of King and country, our allies and of doing the right thing. Australia is the lucky country. It is fair dinkum!
Photos (clockwise):
Inside Temple Church; “Boy with a Dolphin” statue by Sir David Wynne at Cheyne Walk, Chelsea; St Clement Danes Church, the Strand, London, the Door inscription: “Thou God Seest me” and the Church Bell tower, “Oranges and Lemons, the bells of St Clements”; Temple Church; Jonathan; London taxi; Hans Rd building; nearby is the former Australian Hotel and the site of Princes’ Cricket Ground, now Lennox Gardens, where in 1878 the touring Australians played the first representative cricket series in England (the Australian Aboriginal Team having played first in England in 1868);
Photos (clockwise):
Jonathan at The Sloane Club in Lower Sloane St, Chelsea; office London; Jonathan London; Jonathan at his desk Byron Bay; The Royal Courts of Justice, Strand, London; Britain is Best painting by Grayson Perry- photo taken at Monnaie de Paris; the Old Bailey “Defend the Children of the Poor & Punish the Wrongdoer” with Iustitia or Lady Justice plus sword and scales on top; Jonathan at Lock & Co. Hatters in St James St, London.
Australian Immigration Law
Tyndall & Co. provides experienced worldwide immigration assistance and advice with all types of Australian visa subclasses. This includes preparation and lodgement of visas, both onshore and offshore; and visa reviews and appeals for adverse decisions, including representation and submissions as to character issues with previous criminal convictions.
Being an experienced lawyer provides the client with added advantages over and above a normal migration agent who is not a lawyer. For example, client files and information can be protected by “legal professional privilege” in certain cases, which means that the lawyer cannot be compelled to release confidential client information such as client contact details. We do not undertake inward UK immigration tasks which are for OISC advisers: (click here: https://portal.oisc.gov.uk/s/adviser-finder )
Here are some of the Australian Visa Subclasses and work we undertake as follows:
Skilled Independent Visas SC 189 and state sponsored SC 190, with immediate Permanent Residence (“PR”) upon grant straight off
Sponsored Skilled Work Visas SC 186 ENS which provides PR straight off
SC 482 “Skills in Demand,” for “Core Skills” and “Specialist Skills” allowing for sponsored skilled wok visas for a “Standard Business Sponsor”.
“Overseas Business Sponsor” set up a branch in Australia under the SC 482 Skills in Demand pathway.
SC 494 and SC 491 the “Skilled Employer Sponsored Regional (Provisional)” visa with a regional pathway to PR and the Government and eligible family member sponsored counterpart.
SC 407 Training Visas, for people with less skilled work experience that need occupational training whilst working for their sponsor.
Business visas, the Temporary Work (Short Stay Specialist) visa SC 400 Business visas for ongoing work onshore for period of 3 to 6 months.
Graduate skilled visas SC 485 for international students who have graduated on their student visas and want to do post education work, ranging from 18 months up to 5 years for British nationals.
Working holiday visas SC 417 for people 18 years to 30 years (35 years for some nationals including the UK) with up to three visas; and Work and Holiday Visa SC 462 for people 18 years to 30 years with up to three visas if you complete the relevant work.
Student Visas SC 500 including student visa cancellations, reviews and appeals. This type of visa has a huge number of refusals and cancellations every year, as there is a Genuine Student requirement.
Visitor or Tourist visas SC 600, SC 601, in the tourist, family or business stream and the SC 651 in the tourism or business stream.
Family visas, including Partner visas and Prospective marriage visas, including same sex partners, SC 820 and SC 801 onshore partner visa or the SC 309 SC 100 offshore partner visa, both Temporary and PR; and the SC 300 Prospective Marriage Visa or “fiancé” visa to allow you to come to Australia and marry your partner.
Bridging Visas
Applications for waiver of Visa Overstay for unlawful non-citizens seeking clearance; or waiver for exclusion periods or re-entry bans PIC 4013.
Appeals or reviews against Removal / Deportation decisions, and visa cancellations.
Character submissions for the “character test” under S501 Migration Act including representation and submissions about previous convictions, any adverse ACRO report, prison time and extenuating circumstances including submissions to VACCU, the “Visa Applicant Character Consideration Unit”, the former AAT (Administrative Appeals Tribunal) now the ART (Administrative Review Tribunal) and applications to the Federal Circuit and Family Court of Australia for Judicial Review of a migration decision or lack of a decision
Contributory Parent Visas SC 173 and SC 143 and Contributory Aged Parent Visas SC 884 and SC 864– allowing Parents to migrate to Australia.
Sponsored Parent (Temporary) Visa SC 870 being a handy pathway for a quicker decision.
Child visas SC 101 to allow children to migrate to Australia as a PR
Applications for Australian Citizenship, by descent or conferral. To be eligible to apply for citizenship by conferral, you must have lived in Australia on a valid visa for four (4) years immediately before applying. Also, you must have been a PR for twelve (12) months immediately before making an application and not have been absent from Australia for more than one year in total, during the four (4) year period, including no more than 90 days in the twelve (12) month period before applying. Good character, basic knowledge of English, intention to reside, a continuing association, knowledge of privileges and responsibilities of Australian citizenship are other conditions.
Representation against cancellation of Australian citizenship and applications for a Certificate of Australian Citizenship
Refugee and protection visas, SS 866 for front door asylum seekers.
Passport applications
Wills & Estates
The London office assists both UK, European and Australian clients. You may already have business, property or family interests in Australia, UK or Europe. You may have a Will or an Estate involving property either in Australia, the UK or Europe.
We can apply to have a Will from the UK “resealed” in a State in Australia. Or we can prepare an Australian Will with a testamentary trust, advise on Estate planning, prepare an Enduring Power of Attorney and an Enduring Guardianship. You may wish to be more lawfully tax and cost effective.
You may require Estate planning to help make Succession easier and manage the handover to the next generation smoother. Our Australian firm can be your Executors. Or we can advise the chosen Executors after the handover and stay with the Will, to help the Executors administer sometimes complex estates.
We can have discussions with recalcitrant children, speak with them on a regular basis and find out what they want and report back to you. We can talk to the kids! We can talk with beneficiaries every year and update the Will with your instructions. We can talk with the kids About your will. Let us take the guesswork out of it.
The plan is to avoid wasting the Estate on lawyers and expensive legal cases. These might have been avoided by open communication with children, especially estranged kids, and beneficiaries early on. We seek to minimise surprises come will reading day and help you stay out of litigation! A good estate should not be wasted on the lawyers!
Family Law
In property adjustment cases, there is no presumption of equality. The 50:50 split is not a principle of law or a right. The wife’s homemaker and parent contribution ought to be recognised in a substantial and not a token way. Any property adjustment will be contribution driven. With children’s and parenting time cases, there is a presumption of equal shared parenting responsibility, however, the best interests of a child will always be first and paramount and rebut that presumption. Clients may want a divorce in Australia and a fairer property adjustment.
Criminal Law
There is a fundamental principle that all defendants are innocent until proven guilty, that they have the right to a fair trial and to not self-incriminate. Defendants have the right to confidential and privileged legal advice, which cannot be used against them. These are common law principles and rights. It is not up to us as lawyers to judge you, this is for the Court.
Business Law – Banking, Securities, Derivatives law
You may want to buy property or set up a business in Australia and start a branch. You may want to establish a family trust in Australia, a Self-Managed Superannuation Fund (SMSF) or set up or transfer a pension in Australia. You may want to migrate to Australia for a more abundant and healthier lifestyle using your buying power which goes a lot further in Australia. You want to become dual citizens including of Australia or become resident offshore. You may want to repatriate back to Australia.
Clients from Australia may wish to invest in the UK and require local help in London to bring their businesses, ideas, products and capital to the United Kingdom. They may wish to list on the London Stock Exchange (LSE, AIM) or other European stock exchange or derivatives markets. They may require advice on taxation, domicile and residence status in the Uk and Europe.
In addition, if we need local talent, Tyndall & Co. works with locally licensed UK professionals (solicitors, accountants, bankers, trustees, brokers and estate agents) to assist clients access a full range of services in accordance with the law.
We prepare contracts and agreements for business clients including purchase, sale and contractor agreements, company and employment contracts and shareholder agreements. We advise clients on commercial matters including banking and investments. A bank owes the customer a duty of care, which is to take reasonable care in carrying out its contractual obligations with the customer. A bank does not owe a fiduciary duty to a customer, except in special circumstances where it has gone further than normal. A bank has no general duty to advise a customer that a loan or a purchase is not a good decision. A bank can look after its own interests ahead of the customer. The playing field is not necessarily level.
Our financial services are incidental to our law practice and provided in accordance with the Financial Services and Markets Act 2000 (UK) and the SRA Financial Services (Scope) Rules 2001 (E&W). Being part of a law firm, financial advice comes with solid legal knowledge so as to help the client make better strategic decisions. We work with FCA Authorised Representatives and with locally licensed UK professionals (financial advisers, solicitors, accountants, bankers, trustees, brokers and estate agents) to assist clients access a full range of services in accordance with the law.
Recent Articles:
Fast Track to Residence– Article about the SIV or Significant Investor Visa as a great solution where you control and switch the funds you invest and have residence fast
Updated 1 September 2021- by Jonathan de Vere Tyndall, Nina Spencer and Breanna Jackson (original article 26/1/2018)
FIRB is the Good Gatekeeper– Article about buying residential property in Australia and FIRB approval 28 September 2021 by Jonathan de Vere Tyndall and Nina Spencer
Contacts:
Tyndall & Co. ®
Tyndall & Co. Limited – Company No. 09110737
2nd Floor, Berkeley Square House, Berkeley Square, Mayfair, London W1J 6BD
Telephone: +44 20 8133 7722
Email: be @ tyndall.uk