Gold Coast Immigration Lawyers
Chua Tan Associates was founded in 1990 and has helped clients from the Chinese community and around the world start new lives in Australia. Over more than thirty years we have handled a large number of immigration matters, including many complex cases. Two of our lawyers are Law Institute of Victoria Accredited Specialists in Immigration Law, and whatever your situation, we will work through the options available to you.
Years of Experience in Australian Migration Law
Founded in 1990, we have practised Australian immigration law for more than thirty years.
Accredited Immigration Law Specialists
Accredited Specialists must pass the Law Institute of Victoria's specialist assessment.
successful applicants
We help many clients with Australian visa applications every year.
Languages
Our immigration lawyers speak English, Mandarin, Cantonese, Hokkien and Malay.
Gold Coast immigration lawyers can plan an immigration programme that suits you
Queensland Skilled Migration Visa
The GSM (Australian Skilled Migration Scheme) is Australia's preferred visa program for skilled workers. The GSM assesses an applicant's skills, qualifications and work experience and provides a pathway to permanent residency in Australia - Australian PR.
Skills assessment: If your occupation is on the Australian Skilled Occupations List, you can start an Australian occupational skills assessment.
SkillSelect System: After assessment, applicants are required to submit an Expression of Interest for an Australian visa and wait for the Department of Immigration to issue an invitation to apply for a visa.
Types of Australian Skilled Migration Visas:
Independent Skilled Migrant (189 Visa)
This visa is for skilled workers who are not sponsored by an employer, the Queensland Government or a family member. To apply, you must submit an Expression of Interest (EOI) and receive an invitation from the Department of Home Affairs.
Skilled Nominee Visa (190 Visa)
Applicants must be nominated by the Queensland Government.190 visas allow skilled workers and their families to live, work and study in Australia as permanent residents. Similar to the 189 visa, applicants are required to lodge an Expression of Interest (EOI) and then obtain a nomination from the State of Queensland.
Employer Sponsored (Temporary) Visa (494)
The 494 visa allows skilled workers to work in remote areas of Australia and is available to employers who are unable to find an Australian citizen or permanent resident to fill the position. Eligible employer sponsorship is required.
Skilled (temporary) visas for remote areas (491)
Applicants may be nominated by the Queensland Government or sponsored by eligible family members living in remote areas of Australia. After a certain period of living and working in the designated regional area, visa holders may be eligible to apply for a Permanent Residence (Skilled Regional) visa (191).
Permanent Residence (Remote Area Skilled) Visa (191 Visa)
From November 2022, this visa will apply to individuals holding a Class 491 or Class 494 visa who must have lived, worked or studied in remote Australia for at least three years and meet minimum taxable income criteria.
Employer-sponsored visas.
- Employer Requirements: Employers must demonstrate a genuine need for foreign workers and show that there are no Australian workers available for the position. Upon approval, a skilled worker may be nominated.
- Visa Application: Once nominated, skilled workers can apply for an Australian visa. This includes meeting specific age, skill and language requirements and having an occupation on the Australian Skilled Occupations List.
- VISA APPROVAL AND CONDITIONS: A visa will be granted upon successful application. Depending on the visa subclass, conditions may apply, such as living and working in a specific region or working with a specific employer.
Employer Sponsored Visa Requirements.
- Occupation on a relevant list: The applicant's occupation must normally be listed on one of Australia's occupational lists.
- Employer Nomination: An approved Australian employer will need to nominate you for a specific position in their organisation.
- Skills assessment: Most visas require a skills assessment.
- English Language Proficiency: Proof of English language proficiency is required, through tests such as IELTS or PTE.
- Age Limit: Depending on the employer visa category, some will have an age limit.
Sponsored Visa Category.
Employer Nomination Scheme (ENS) Permanent Residence Visa (186)
The 186 visa, also known as the Employer Nomination Scheme (ENS) permanent residence visa, is a permanent resident visa in Australia. It is available to skilled workers who have been nominated by an employer in Australia. This visa allows the applicant and their family members to reside and work permanently in Australia. Candidates must be nominated by an Australian employer and also fulfil age, skill and language requirements. Applicants and their family members who are granted the 186 visa can live, work and study in Australia indefinitely and enjoy most of the rights and privileges of Australian citizens.
Regional Sponsored Migration Scheme visa (subclass 187)
The 187 visa is a Remote Area Sponsored Migration (Permanent Residence) visa for skilled workers who are sponsored by employers in remote areas of Australia. Applicants are required to have an occupation listed on the relevant regional occupations list and are required to pass the appropriate skills assessment and English language proficiency test. This visa gives skilled workers and their family members the right to reside and work permanently in remote Australia.
Remote Area Employer Nomination (Temporary) Visa (494)
A 494 visa is a temporary (provisional) visa, normally valid for five years, which requires the applicant to be in an occupation listed on the relevant regional occupational list, pass the necessary skills assessment and achieve a certain level of English proficiency. The visa lasts for a maximum of five years and after a certain period of living and working in a remote area under the visa, the applicant may be eligible to apply for a Permanent Residence (Remote Skilled) Visa (Class 191).
Skills in Demand visa (subclass 482, formerly TSS)
The subclass 482 Skills in Demand visa, which replaced the Temporary Skill Shortage visa from 7 December 2024, allows skilled workers sponsored by an Australian employer to work in Australia. Its main streams are the Specialist Skills and Core Skills streams, and for the Core Skills stream the occupation generally must be on the Core Skills Occupation List (CSOL). The visa suits skilled workers for shorter or longer periods and requires the relevant skills assessment and English language requirements to be met. Depending on the stream, holders can work in Australia for up to four years.
Family Sponsorship Visa
The Australian Family Sponsorship Visa is a visa type that allows an Australian citizen, permanent resident or eligible New Zealand citizen to sponsor a member of their family for an Australian visa.
General requirements for family sponsorship visas:
- Relationship verification: Applicants will need to provide documents that demonstrate their relationship to their Australian sponsor, such as marriage certificates, birth certificates, proof of family ties, etc. These documents need to demonstrate a genuine and valid family relationship.
- Sponsor eligibility: An Australian sponsor should normally be an Australian citizen, permanent resident or eligible New Zealand citizen. Sponsors need to fulfil certain requirements to demonstrate that they have sufficient financial capacity to support the sponsored person's living expenses.
- Health Requirements: Most family sponsorship visas require applicants to undergo a health screening and ensure that they are not a potential health risk or an undue burden on the Australian community and healthcare system.
- Character assessment: Applicants are usually required to undergo a character assessment, which involves providing a police background check and other relevant documents to ensure that they do not have a criminal record or bad character.
- Financial guarantees: In some cases, sponsors may be required to provide financial guarantees to ensure that the sponsored person does not become a burden on social welfare in Australia.
- English Language Requirement: The Family Sponsorship Visa does not normally require the applicant to fulfil the English language requirement.
Spouse Visa
The application process for a spouse visa involves confirming eligibility, collecting the required documents, submitting an online application, undergoing a health and character assessment, and then waiting for approval. Once approved, applicants are granted a temporary visa that allows them to join their partner in Australia. After a certain period of time, an application for a permanent visa to obtain permanent residency can begin. It is important to carefully follow the specific requirements of each visa type and seek professional guidance when needed.
Parent Visa
An Australian parent visa is a visa type that allows Australian citizens, permanent residents or eligible New Zealand citizens to sponsor their parents to come to Australia. These visas allow parents to join their Australian children and reside in Australia for a period of time.
Visa for children
Australia's Child Visa is a visa type that allows Australian citizens, permanent residents or eligible New Zealand citizens to sponsor their minor children to come to Australia. These visas are designed to allow parents to reunite with their children and to reside and be educated in Australia.
Remaining relatives' and carers' visas
The Remaining Relative Visa for applicants who have no other relatives in Australia and the Carer Visa for applicants who are providing long-term care are two types of Australian family class visas. Application requirements and processes vary depending on the visa type.
investment visa
The Australian Investment Visa is a visa type designed for applicants who wish to migrate by making a business investment or starting a business in Australia.
General requirements for the Business Innovation and Investment (Permanent) Visa include:
- Financial Requirements: Applicants are usually required to meet a certain minimum investment amount, which varies depending on the investment subcategory.
- Age Requirements: Certain investment subcategories may have an upper age limit on the applicant's age.
- Business experience: Some investment subcategories may require applicants to have relevant business or investment experience.
- Health and Character: Applicants are required to pass a health screening and character assessment.
Types of Investment Visa
Business and Investment (Temporary) Visa (188)
The Class 188 visa is an Australian investment migration visa designed to attract experienced entrepreneurs and investors. Holders of this visa can conduct business activities in Australia, including starting a new business, investing in and managing a business, or participating in a designated entrepreneurial programme. Applicants need to fulfil specific financial requirements, business experience and age conditions, as well as pass an innovation points test. This visa is usually temporary, but can be converted to permanent under certain conditions.
Visa 888 - Business Innovation and Investment (Permanent) Visa
The 888 visa is an Australian permanent residency visa for people who hold a Class 188 visa and have successfully operated a business in Australia for at least 2 years. This visa requires specific asset, turnover and employment conditions to be met. With an 888 visa, you will become a permanent resident of Australia and enjoy permanent residency. This is one of the ways that investors and entrepreneurs can live and work in Australia on a permanent basis.
Common reasons for visa refusal
There are many reasons why a visa may be refused. Errors or omissions in the application, health issues, or a failure to make clear the intention to travel to Australia can lead to a visa refusal. Sometimes the immigration department may not be so sure about the financial stability of the applicant, or they may consider some documents to be missing or unverified.
How to Appeal a Visa Refusal
A visa refusal is not necessarily the end. There are ways to challenge the decision. Usually this means applying for review by the Administrative Review Tribunal (ART, which replaced the AAT in October 2024); where there is a legal error, judicial review may be sought in the Federal Circuit and Family Court.
Our Australian immigration lawyers can help you:
Our team includes Accredited Specialists in Immigration Law with experience at every level of migration review and appeal. We regularly act for clients seeking judicial review of ART decisions, and can also act in requests for ministerial intervention after ART review.
Employer Nomination Visa Refusal
Such refusals usually stem from an employer's failure to meet sponsorship obligations, a position that does not fit the nominated role, or an applicant's failure to meet skills, qualifications or English language requirements.
Spouse visa refusal
If the relationship is not sufficiently genuine and trustworthy, or if necessary documents, such as evidence of an ongoing relationship, are missing or insufficient, this may lead to a visa refusal. Inconsistencies in statements during the interview may also be an issue.
Work Visa Refusal
Reasons for refusal may include doubts about the real need for the applicant's role in the organisation, insufficient evidence of relevant skills, or inconsistencies in the employment contract.
Student visa refusal
Common reasons include doubts about a genuine willingness to learn, failure to meet financial requirements, inconsistent educational documentation, or failure to meet health or character standards.
Family Sponsorship Visa Refusal
These refusals usually stem from failure to provide sufficient evidence of a bona fide relationship with the sponsor, doubts about the sponsor's ability to support the applicant, or health and character screening concerns.
Cancellation of permanent resident status
This may be because the permanent resident has been away from Australia for an extended period of time, has engaged in activities that contravene the conditions of the visa, or has been found to have provided misleading information during the original application process.
Client Reviews
Contact our Accredited Specialists in Immigration Law
Start your move to Australia with guidance from an experienced Australian immigration lawyer
We guide you on the right path to obtaining Australian PR based on your individual circumstances.
Our lawyers can speak:
Chinese
Cantonese
Hokkien
Melayu
Contact us
Please leave your contact details here with a description of your personal circumstances and one of our solicitors can provide you with a paid immigration consultation.
writings
Partner Visas 820/801 (Onshore) vs 309/100 (Offshore): Process, Relationship Evidence and Common Refusal Reasons
Onshore and offshore partner visas share the same core requirements; the key differences are where you must be when you apply and when the visa is granted, and how you live while you wait. Success usually turns on whether the relationship evidence is complete and consistent.
Bringing your parents to Australia: choosing between the 143, 173, 864, 870 and other parent visas
Bringing parents to Australia? Compare the 143, 173, 864/884, 103/804 and 870 parent visas, the balance-of-family test, sponsor rules and strategy.
Studying in Australia with a Parent by Your Side: Student Visa 500 and Student Guardian Visa 590
Child studying in Australia? Student visa 500, the Genuine Student requirement, OSHC, under-18 welfare, the 590 guardian visa and the 485 after graduation.
Hong Kong Passport Holders: 485 Graduate Visa and the 189/191 Hong Kong Streams Explained
Hong Kong and BN(O) passport holders: the 5-year 485 visa and the 189/191 Hong Kong streams to PR — eligibility, residence periods and family.
简体中文 
English (Australia) 
繁體中文