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.