Tyndall & Co.^®

Legal advice, documentation and representation in England and Wales: Bold and excellent

Tyndall & Co. stands by its motto “bold and excellent” in all of its services. Tyndall & Co. provides “bold” representation for the client and “excellent” legal advice and documentation.

And if legal proceedings are involved the firm will fight fearlessly for its client in arbitrations in England and Wales, and in most UK Tribunals where it can appear, with leave if necessary, and of course all Australian Courts and Tribunals.

Tyndall & Co. provides legal services, in the non-reserved areas of practice, including business law, corporate law, family law, property law, trusts, criminal law, wills, offshore law and Australian immigration law. These for example include preparing a UK Will, a London lease, a contractual agreement, or share transfers.

Financial services

As part of, and, incidental to its law practice, Tyndall & Co. also provides financial services in accordance with the Financial Services and Markets Act 2000 (UK) and the SRA Financial Services (Scope) Rules 2001 (E&W).These services include financial consulting, investment, securities and derivatives advice, structuring strategic investments, banking and financial planning. Being part of a law firm, the financial advice comes with solid legal knowledge so as to help the client make better strategic decisions.

Australian Immigration Law

Tyndall & Co., as, a law firm, provides worldwide immigration assistance for Australia. We provide migration assistance and advice with all types of Australian visa classes including online lodgement of visas and visa appeals, lodged onshore or offshore. We do not undertake UK immigration tasks.

Classes of visas prepared

Some of the visas classes and subclasses are as follows:

Business visas, including business visitor visas and business skills visas, work visas like the skilled independent visas, skilled nominated visas and distinguished talent visas, graduate- skilled visas, working holiday visas and visitor or tourist visas.

Investor visas, including subclasses Business Innovation Stream 188(A), Investor 188(B), Significant Investor Visa (“SIV”) 188(C) and the Entrepreneur Visa 188(E),

Family visas, including partner visas and prospective marriage visas, same sex, parent visas, child visas, student visas, including revocation of student visa reviews and appeals

Applications for: Visa Overstay for unlawful non-citizens seeking clearance; Exclusion periods or re-entry bans; Removal and deportation letters; travel exemptions; and visa cancellations including student visa cancellations.

Business Innovation and Investor visas are the new big pathway into Australia

These days more and more people have investments and business innovations they can bring to Australia if they migrate. This provides an established pathway to a new life with a future and prosperity for the family. At the same time, Australia benefits with these investments and the new innovations. The investment commitment for these visas is lower than you might think, from $A1.25m and up to $A5m and $A15m.

Significant Investor Visa 188 C SIV

Toward the top end of investment is the Significant Investor Visa 188 which is a highly attractive visa. It may be affordable for you and your family members. Most SIV visa grants were made to applicants from China, who received more than 84.9% of SIVS since 2012, with the next biggest receiver being Hong Kong, with 3.6%. After that there is Malaysia, South Africa and Vietnam. More than 2349 SIV visas have been granted since the program started. It may be affordable for you and your family members.

There is no age maximum of this visa, so you can be very senior. And there is no language hurdle- you don’t have to speak English well or at all. If you can’t demonstrate functional English, then a 2nd instalment of the VAC is required. There is no “points test” to pass.

What is required is the minimum complying investment of $A5m. This can be held by you, or by you and your partner or a similarly owned company. The complying investments that you select can yield a reasonable return on investment (“ROI”). You are not forced into buying only low ROI instruments or investing into a Fund which has no ROI. You can switch investments too to cover unprofitable positions. So, there are prospects of making a return on your investment.

Once the provisional 188 SIV visa is granted you can travel in an out of Australia for the life of the visa, as much as you want. You are free to enter and exit and you can own property here (not part of the SIV investment), subject to Foreign Investment Review Board (“FIRB”) approval.

You don’t have to become “tax resident” of Australia and become subject to world-wide taxation on your overseas income to keep this visa.

To progress to PR (Permanent Residence), and to apply for the permanent 888 SIV, you must have spent only 40 days minimum per year residing in Australia; or alternatively, your partner must have spent 180 days per year residing in Australia, whilst holding the 188 SIV.

This residence requirement does not have to be met per year but can be met cumulatively over the time of the visa. This is not a lot of time to spend in Australia.

Before applying for PR, the 888 SIV, you must have held the 188 SIV for at least 4 years. You must also have been holding the complying investment over the four (4) years. You can also roll over the 188 SIV for 2 x 2-year extensions, if you meet criteria, before graduating to PR.

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. This would include the 188 SIV. 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.

As a visa pathway to Australia, the Significant Investor Stream is one of the best available and processing is given a high priority.

The Business Innovation Visa SC 188 A is available if you have $A1.25 in Net Personal Assets, you have an ownership interest in an existing business with a turnover of $A750K or more and you have a genuine intention to develop an existing business or establish a new one in Australia. It is points tested and you must be under 55 years of age at time of invitation.

The Investor Visa SC 188 B is the little brother of the SIV Significant Investor Visa and requires a smaller “designated” investment commitment of only $A2.5m into prime state or territory government securities, such as NSW Waratah Bonds. This is investment must be held for the life of your provisional visa. The Bonds are government guaranteed (when available) and previously carried a 1.76% coupon, with interest payable monthly. To obtain this visa your personal assets must be $A2.5m net and you must have an intention to reside in the State for at least 2 years. It is points tested and you must be under 55 years of age at time of invitation.

The Entrepreneur Visa SC 188 E only requires that the nominating state or territory is satisfied that the complying entrepreneur activity will be of exceptional economic benefit to that state or territory. It is not points tested but you must be under 55 years of age at time of invitation. Application is by way of Expression of Interest to the State or Territory at first instance.

Temporary Skills Shortage “TSS” work visa SC 482 & Provisional sponsored work visa SC 494 and 491

The TSS 482 (like the old 457) visa subclass as well as the permanent Regional Sponsored Migration Scheme (“RSMS”) and the Employer Nomination Scheme (“ENS”) 186/187 subclasses, have undergone a radical overhaul. The new 482 visa fills that space with changed criteria with the SC 494 and SC 491 providing a provisional visa and pathway to PR after 3 years.

The List of Eligible Skilled occupations was dramatically shortened on 19 April 2017. The TSS visas are now the Medium and Long-term Strategic Skills List (“MLTSSL”) replaced the previous Skilled Occupation List (“SOL”). The Short-term Skilled Occupation List (“STSOL”) replaced the previous Consolidated Sponsored Occupation List (“CSOL”). Occupations were removed from the Lists and there are now caveats on many of the total occupations under the old SC 457.

However, there are still visas available.

The policy behind the changes is to grant visas for skills shortages and for higher skills, rather than take away existing Australian jobs and keep these visas temporary.

Clients are now looking more closely at potential Business Skills Visas and the Business Innovation and Investment Program (188/888) as outlined above.

Management Consultants

“Management is the art of achieving objectives through the efforts of other people”.

We are international management consultants and corporate services firm.

Being lawyers we are better placed to advise and help clients reassess and to change their management approach, structurally at a corporate level with the legal bases in place.

This way clients can achieve agreed management objectives, which may have been overlooked or not realised to their fullest potential. Clients can be shown that restructuring is legally doable with the mechanisms in place.

We help our clients live in the solution, not the problem, and have the legal strength and know how to help put them there.

Being in London, we can:

• Help you grow and locate suitable mergers and acquisition targets for expansion of British businesses into Australia or Australian businesses into Britain subject to compliance with local laws;
• Provide you with target company research into potential markets and acquisitions and facilitate discussions for you;
• Business management consultancy;
• Advice about distribution and trading in the UK, Hong Kong and Australia;
• Introduction to new trading partners and bankers in Australia, UK or Hong Kong;
• Help you to invest in the United Kingdom, Hong Kong or Australia.

As Management Consultants we can help you achieve best outcome and success in the United Kingdom, Australia, Asia Pacific and overseas markets, including through London and Brisbane, where we have offices.

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