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Migration Agents Regulations 1998 & Business Visas

Migration Agents Regulations
June 16, 2021
Author : Ashley Simons

Migration is an important branch of law in any country. The migration law determines the Immigration and emigration regulations for a country. The migration agent’s regulations of 1998 were a landmark statute in the timeline of migration laws in the country. The statute has clearly defined the powers and prerogatives of a migration agent under the regulatory framework established under this law. The statute also defined the extent and scope of the powers available to a registered government agent under this law. To understand the complete objective behind the migration laws in Australia, it is essential to understand who is a registered migration agent.

Who is a Registered Migration Agent?

A registered migration agent is a licensed agent who has the required statutory knowledge to be able to provide immigration assistance to aspiring immigrants. The main responsibility of a registered immigration agent is to provide the migration agent with advice and assistance on how to go about the immigration process.

A qualified migration agent needs to have a valid practising certificate. This certificate is issued directly by a designated Australian body that has been authorized by law to issue it. The main prerogative of a migration agent is to help a potential immigrant in preparing his or her visa application. It is also true that it isn't necessary to employ a visa immigration agent for visa application. However, it is important to consult the register of migration agents to be able to determine eligibility.

Particulars of Visa Application

While applying for a visa, it is also extremely important that the person is completely aware of the various details and requirements of the visa application. This also includes checking whether your migration agent is registered with the Office of Migration Agent Registration Authority. The entire process of visa application includes many formalities and detailed procedures. It can be quite difficult and confusing. However, a registered migration agent can help you with the required procedures and ease the process. 

Here’s What You Need to Check

  1. Is your visa agent or migration agent registered with the Office of the Migration Agent Registration Authority?
  2. How much professional fees apply to you as per your category. You can refer to the website of the migration registration authority to check your filing fees. It is also prudent to check if this amount is inclusive of the GST or not.
  3. You must also check the additional costs that you will be required to pay for every extra family member.
  4. In the current covid times, the Australian Government may also charge a compulsory lodging fee for every applicant.
  5. What suits your needs more? A temporary visa or a permanent visa?
  6. It is important to learn about the processing time which is usually associated with the visa subclass that you are applying for.
  7. You can also read more about the best time to apply for your visa category.
  8. It is also important to check your qualification as a primary or secondary applicant under your partner's visa.
  9. You must also be aware of the upcoming changes in the fees.
  10. There are different requirements for visa application and renewal from within and outside the Australian borders. Therefore it makes sense to check before applying.
  11. You may also be required to pass certain examinations, evaluations or assessments with a qualifying grade.

It is important to thoroughly familiarize yourself with all the legal, accounting, financial or taxation information related to the immigration process. It is entirely the responsibility of the applicant to ensure the accuracy and completeness of the details and information. It is through these details that the immigration authorities can decide on your visa application.

Business Visa in Australia

Migration Agents Regulations 1998 & Business Visas are regulated by the migration authorities in the country. There are five sub-streams under the Business Innovation and Investment visa. This type of visa is usually attained through the Department of Home Affairs' Business Innovation and Investment Program. Read on to find out more about each sub-stream.

Business Innovation Stream

This visa is intended for individuals who possess a certain specialized business or entrepreneurial skill and want to establish and develop a business in Australia from scratch. This kind of visa allows a person to run and manage a new or old enterprise or business unit in Australia. The applicant needs to be nominated by a state or local government.

Entrepreneur Stream

If you have secured funding of A$200,000 from a business promoter or a third-party angel investor, you can secure this visa from the state or local government. This kind of visa facilitates the commercialization of a product or service in Australia and also allows for the development of an enterprise in the country. 

Significant Investor Stream

Any investment greater than the sum of AUSD $5 million is considered a significant investment in the country. If you are willing to invest 5 million Australian dollars or more into the Australian economy and plan to run and maintain a business within the geographical borders of the country, you can secure this visa from the state or territory government, or on behalf of the Commonwealth Government.

Conclusion

Application for a visa can be a confusing process marred with many difficulties. This is because the Australian immigration procedure is regulated by multiple statutes both at the state and the local level. This means that any potential applicant must secure a visa from federal authorities as well as state authorities. This complicates the process further. The applicants are required to ensure that all the necessary qualifications are complied with to secure admission under Australian business visa categories.

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About the Author

Ashley Simons

Ashley Simons

Starting as a law professional, Ashley often made time to help her juniors and peers with their queries and academic needs. She joined the team of My Assignment Services as a law assignment writing expert after completing her postgraduation. Her area of expertise ranges from business law, contract law, employment law, criminal law, tort law, etc. and have been seeing students excel under her guidance. She has also contributed articles and advice to the Law Council of Australia. She practiced law for 5 years as a freelance lawyer before becoming an academic advisor.

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