Immigration law

Our goals

At Vinh Duong & Associates Lawyers, we are proud to have two Accredited Specialists in Immigration Law: Vinh Duong and Robert Liu, among only 46 solicitors in New South Wales who have acquired this accreditation, as of January 2021.

With many years of experience in Immigration Law, our goal is to provide our clients with accurate and appropriate legal expertise in your immigration matters. Our fees are affordable and competitive. As we were on your foot before, we want to make sure that you can afford professional legal counsel during your migration journey.

OUR SERVICES IN IMMIGRATION LAW

Immigration has evolved into a very sophisticated and complicated subject of law. The Applicant is definitely disadvantaged if he or she does not work with an Immigration Specialist or a Registered Migration Agent.

In matters of immigration, we provide high-level technical and expert support. We have a very high success rate since we don’t take on cases that are not genuine or have little merit. Undertaking research on complex cases and following your cases from the beginning up to the Supreme Court, in case of necessary, are things that we do to protect our clients.

We are able to assist you to:

  • Identify the most suitable options for temporary or permanent visas.
  • Work out your eligibility and when you need to apply for a visa.
  • Determine exactly what documentation and evidence is required for your visa application by providing you with the visa checklists.
  • Identify problem areas that you would need to address.
  • Prepare and lodge a valid visa application.
  • Prepare detailed submissions to ensure that all points in your application are covered.
  • Where a review is required, prepare and lodge a valid review application.
  • Follow up your case until finalisation.

WHAT SHOULD YOU KNOW ABOUT IMMIGRATION LAW?

It’s your obligation to submit all required documents!

Under the Migration Act, the onus is on the Applicant to provide all the required information and documentation for their visa application. On top of that, the Applicant cannot rely on the Department of Home Affairs for advice or information in preparing their application, and the Department will not be held liable if their advice is incorrect, as no two cases are the same. Additionally, as you may be aware, a genuine case is not always successful if the proper documents and evidence are not presented. Unfortunately, even selecting the wrong option on a form can result in failure of a case. Therefore, Vinh Duong & Associates team is here to ensure that all requirements are met and correct.

Timeliness is the key of visa submission!

Another important factor in the outcome of a case is timing. Many visas include age limits and application deadlines. Even in the most deserving cases, there is often little that can be done if the applicant is out of time. We make every effort to ensure that your application is lodged on time and meets all eligibility requirements.

You always have more than one choice!

In the field of migration, there is very little similarity from one visa to another. There is a maze of visas and a client may be eligible for more than one category. In Australia, there are about 200 different visa subclasses, including both temporary and permanent visas.

We make sure that we thoroughly investigate and cover all relevant visa alternatives in your case so that you may better assess your migration options. We are here to assist you in choosing the best visa pathway for you and achieving your goal of successfully immigrating to Australia, one of the world’s most livable countries.

THE KEY AREAS OF IMMIGRATION

Visitor Visa (Subclass 600)

We generally do not run primary applications for visitor visas which are supposed to be done by travel agents. However, if there is an emergency or a complicated case, we will do visitor applications. We have done a lot of reviews of visitor visa refusals at the Administrative Appeals Tribunal and we have had a high success rate.

Student Visa (subclass 500)

We have on-going experience with student visa cancellations either under Section 116 of the Migration Act or genuine student’s criterion. The different means of cancellation require different responses and different time limits. Our office does not apply for a student visa but we provide consultant services to many Education Advisors in difficult student visa applications such as wavering Public interest 4014 and also Federal Court appeal for offshore student visa refusal as there are no rights of review to the Migration Review Tribunal.

Partner Visa (subclass 300 – 309/100 – 820/801):

These visas allow for fiancée applications under Prospective Spouse and also Partner visas where the couple are married. In these visas, the Department looks at the financial aspects of the relationship, social aspects, nature of their household and the couple’s commitment to their marriage being genuine and on-going.

Child Visa (subclass 101 – 802):

These are the visas that we give a lot of priority to ensure that children are reunited with their family in Australia. There are often considerable complications trying to obtain consent from natural parents to allow a child to migrate.

Orphan Relative Visa (subclass 117 – 837):

This visa allows an Australian close relative to sponsor a child overseas where the child’s parents are dead, missing or permanently incapacitated to care for the child. There are technical problems to prove permanent incapacity and these cases are complex.

Last Remaining Relative Visa (subclass 115 – 835):

This visa, while sounding simple, can be complicated because of its slow processing by the Department of Home Affairs where dependent children are growing up and are over 18 years of age.

Parent Visas (subclass 103 – 173/143 – 804 – 884/864 – 870):

Whilst there are now a range of parent visas available, there is still the slow moving parent visas case load with just the application fee and normal Assurance of Support. Since mid 2003, there are also the new Contributory Parent visas which require a substantial contribution in visa charges and Assurance of Support. We have many cases under the parent contributory visa scheme with a good level of speedy response and success.

Other Permanent family reunion visas applied for: Carer visas (subclass 836 – 116)

Skilled Independent Visas (subclass 189):

This is a points tested visa that is dependent on your qualifications and skills. There is also a permanent visa pathway for New Zealanders.

Skilled Nominated Visas (subclass 190):

This is a points tested visa which requires state government nomination.

Skilled Work Regional (Provisional) visas (subclass 491):

Introduced in 2019, these visas are points-tested visas which require state government nomination or sponsorship by an eligible family member who is settled in a designated regional area.

Temporary Skills Shortage visas (subclass 482):

We have had wide experience with Australian business sponsors who sponsor a client for a 2 or 4 year temporary visa in both professional and trade occupations including management staff, carpenters, tilers, etc.

Other Skilled Visas: Employer Nomination (subclass 186), Distinguished Talent (subclass 124).

Because of its sophisticated metropolises, great quality of life, overall well-being, natural beauty, and magnificent weather, Australia is an excellent place to establish a business. Workers and businesses are happier as a result of these initiatives, and when there are more people, there is more business.

At Vinh Duong, we can advise you with various visa type, including:

Business Innovation stream (subclass 188A/888A):

This is a PR pathway for those with business skills and experience, which allows you to operate a new or existing business in Australia.

Investor stream (subclass 188B/888B):

This PR pathway requires you to invest at least AUD2.5 million in Australian investments that meet specified criteria, as well as continue to conduct business or investment activity in Australia.

Significant Investor stream (subclass 188C/888C):

This PR pathway is for people who invest at least AUD5 million in Australian investments that meet specified criteria and maintain investment activity in Australia.

Premium Investor stream (subclass 188D/888D):

This PR pathway is for people who are nominated by Austrade and who invest at least AUD15 million in Australian investments and/or philanthropic contributions.

Entrepreneur stream (subclass 188E/888E):

This PR pathway is for startup and early stage entrepreneurs who have been endorsed to develop their concepts and been nominated by a State or Territory government agency.

We do not handle refugee applications, but we have a good network with other accredited Immigration Law specialists who specialise in refugee law. We are able to refer our clients to the appropriate lawyers that are experts in the field.

Normally, we do not do Citizenship applications as we feel that our clients are capable of applying to become Australian Citizenship by themselves. However, in some complicated cases, we will take on Citizenship applications where we feel that our clients do need expert and technical advice.

We do assist our clients in complex Citizenship application such as:

  • Character issues
  • Ministerial Discretions on residency requirements

Our office has a high level review caseload at the Administrative Appeals Tribunal (AAT). We work at providing all the required information on the case in as detailed as possible so that the client is fairly represented. We encourage the use of witnesses at a Tribunal Hearing and assist to provide detailed statements of clients in Australia and overseas. Therefore, we have a high rate of success at the Administrative Appeals Tribunal.

The office is also able to assist in the more complex migration reviews at the Federal Circuit, Federal Court and the High Court. In these cases, we often brief a barrister to assist our clients.

Other Temporary Visas:

We have also had experience in retirement visas and religious worker visas.

Bridging E-visa:

We do a lot of work with Bridging E visas trying to get a detainee out of the Villawood Detention Centre, Ministerial appeals and also where there have been cancellations of visas.

SUMMARY

Our firm has handled a wide range of migration issues. We have also dealt with a number of exceptional circumstances involving absorbed people and Distinguished Talent.

We have an international portfolio with clients from Australia, Vietnam, Indonesia, Singapore, Malaysia, Cambodia, India, Macedonia, and other parts of the world. No matter where you are, we can always reach out to each other by face-to-face meeting, phone, fax, or email.

At Vinh Duong & Associates, your case is in good hands, as we have a strong background, expertise, and experience, as well as a very competitive service rate.

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