Australian Immigration Lawyers | LIV Accredited Specialists in Immigration Law
Since 1990, Chua Tan Associates has helped individuals, families and businesses in Australia and around the world with Australian visas, permanent residence and appeals. Our two Law Institute of Victoria Accredited Specialists in Immigration Law assess the right pathway for you and oversee every step.
全澳华人客户：视频咨询，无需来墨尔本
无论您在澳洲哪里，都可以通过视频或电话与我们的移民律师沟通——悉尼、布里斯班、珀斯、阿德莱德、堪培拉、霍巴特、达尔文，以及黄金海岸、凯恩斯、汤斯维尔、纽卡斯尔、卧龙岗、图文巴、吉朗、巴拉瑞特、本迪戈等地区城市。可使用普通话、粤语、福建话或马来语。文件通过电邮提交，ART（行政复核法庭）听证可视频出席。
我们主要协助以下情况：
- 签证被拒或被取消，需要在时限内向ART上诉或寻求其他补救
- 收到移民局要求补充材料、拟拒签或拟取消签证通知（Natural Justice / s57 / NOICC）
- 品格问题、健康要求、PIC 4020（虚假或误导性信息）等复杂案件
- 商业投资、杰出人才、父母贡献类、雇主担保及配偶签证申请
上诉时限可能只有几天至数周，错过通常无法补救。请在收到决定后尽快预约。
首次咨询为30分钟律师咨询，收费A$330，由律师亲自评估您的情况与可行方案。本所不提供免费咨询或法律援助服务。
加急评估：拒签、取消签证及紧急通知
收到拒签或取消签证决定、拟取消签证通知（NOICC）、Natural Justice 函件或ART听证通知，时间紧迫？加急评估由认证移民法专家优先处理：
- 优先安排律师审阅决定书及相关文件
- 力争在2个工作日内给出书面初步意见及下一步方案
- 明确时限及可行途径：ART上诉、回复移民局、部长干预、司法复核或重新申请
- 列出需要准备的证据与材料，避免错过时限
加急评估收费高于标准咨询，按文件数量及紧急程度报价，确认后即安排。
Years of Experience in Australian Migration Law
Established in 1990, with more than three decades of Australian visa, permanent residence and immigration appeal work.
Accredited Immigration Law Specialists
Accredited Specialists must pass the Law Institute of Victoria's specialist assessment and complete specialist professional development every year.
What we do
Visa applications, refusal appeals and cancellation matters for individuals, families and businesses.
Languages
Our immigration lawyers speak English, Mandarin, Cantonese, Hokkien and Malay.
成功案例（AustLII公开裁决）
以下为本所代理、在澳大利亚法律信息网（AustLII）公开的部分有利裁决，点击引用可查看原文：
- 品格问题拒签：仲裁庭撤销原决定，并指示不得以品格理由拒签 — [2005] AATA 94
- 海外申请人涉及刑事记录（品格问题）：撤销原决定，发回部长重新考虑 — [2021] AATA 797
- 商业技术签证被取消：仲裁庭撤销取消决定，签证得以保留 — [2008] AATA 729
- 商业签证（127类）案件：撤销原决定并发回重新处理 — [2004] AATA 341
- 雇主担保（RSMS）提名被拒：仲裁庭改判批准 — [2013] MRTA 2321
- 护理签证（836类）被拒：发回移民局重新审理 — [2003] MRTA 728
- 司法复核（餐饮业雇主担保）：法院撤销仲裁庭决定 — [2010] FMCA 228
- 司法复核（学生签证）：法院撤销仲裁庭决定 — [2007] FMCA 952
以上仅为公开裁决中的一部分，大量案件因在移民局阶段解决或未公开而未列出。每个案件的结果取决于其具体事实与证据，过往结果并不保证同类案件的结果。
固定收费套餐：费用清晰，分阶段收取
以下常见案件，我们在首次咨询了解您的具体情况后，提供书面固定收费报价，分阶段收取，无隐藏费用：
- ART拒签及取消签证上诉
- 配偶签证（820/801、309/100）
- 父母签证（143、173、864、870等）
- 商业创新、投资及杰出人才签证（188/888、858）
- 雇主担保签证（482、186、494）
由于每个案件的复杂程度不同，我们不在网上公布统一价格，而是在了解案情后给出准确报价。
Kin Wee Chua and Chit Thian Chua are Law Institute of Victoria Accredited Specialists in Immigration Law. Only Accredited Specialists may use the logo above.
A life-changing decision deserves an experienced immigration lawyer
Our Accredited Specialists bring deep knowledge and long practical experience. They regularly handle complex matters, such as health requirement issues, character concerns (including criminal records) and PIC 4020 (false or misleading information), and oversee every stage of your permanent residence application.
Pathways to Permanent Residency in Australia
Australian 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, state or territory government or family member. To apply, you must submit an Expression of Interest (EOI) and receive an invitation from the Home Office.
Skilled Nominee Visa (190 Visa)
Applicants must be nominated by an Australian state or territory 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 a state or territory.
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 an Australian state or territory government or sponsored by an eligible family member living in a remote area of Australia. After a certain period of living and working in a designated regional area, visa holders may be eligible to apply for a Permanent Resident (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.
Australian Employer Sponsored Visa.
- 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.
Australian 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.
Employer 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 subclass 187 visa has not accepted new nominations since November 2019, apart from transitional arrangements. Regional employer sponsorship now generally goes through the subclass 494 visa, with a later pathway to the subclass 191 permanent visa.
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)
Since December 2024 the subclass 482 visa has been the Skills in Demand visa, replacing the Temporary Skill Shortage (TSS) visa. Applicants need a nomination from an approved employer and must meet skills, work experience and English requirements. Depending on the stream, holders may later apply for the subclass 186 permanent visa.
Australian 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.
Australian 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 Innovation and Investment (Provisional) visa (subclass 188)
The subclass 188 visa closed to new applications in July 2024. Current 188 holders can apply for the subclass 888 permanent visa once they meet the business or investment requirements. New applicants who want to move to Australia through investment or business should look at the subclass 858 National Innovation visa, employer sponsorship or state nomination – talk to us for an assessment.
Visa 888 - Business Innovation and Investment (Permanent) Visa
The subclass 888 visa is a permanent visa for subclass 188 holders who meet the relevant business, investment or asset requirements. Once granted, you and your family can live, work and study in Australia permanently.
Common Reasons for Australian 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 of the road. Many decisions can be reviewed by the Administrative Review Tribunal (ART), which replaced the AAT in October 2024. Where there is an error of law, you may also seek judicial review in the Federal Circuit and Family Court or the Federal Court. Time limits are usually short, so seek advice early.
Our Australian immigration lawyers can help you:
Our Accredited Specialists have experience at every stage of review and appeal. We regularly appear for clients in the Administrative Review Tribunal (ART) and seek judicial review of Tribunal decisions in the Federal Circuit and Family Court and the Federal Court. Where appropriate, we also help clients request Ministerial intervention.
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.
Visa guides
Visa guides for professionals, business owners and families planning a move to Australia:
- Australia's National Innovation Visa (858): permanent residence for exceptional talent, entrepreneurs and investors
- After the 188 closed: realistic options for business owners and investors
- Skilled migration for professionals from Asia: the 189, 190 and 491 visas
- Employer-sponsored visas: Skills in Demand (482), the 186 and opening an Australian branch
- Hong Kong passport holders: the 485 graduate visa and the 189/191 Hong Kong streams
- Studying in Australia with a parent: student visa 500 and guardian visa 590
- Bringing your parents to Australia: choosing between the 143, 173, 864, 870 and other parent visas
- Before you move to Australia: a legal checklist for wealthy families
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:
Contact us
Please leave your contact details here and describe your personal circumstances so that a solicitor can provide you with initial immigration advice.
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.
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