Bardo Lawyers in Glenroy, Victoria | Lawyer & law firm

Bardo Lawyers

Locality: Glenroy, Victoria

Phone: +61 3 9304 3344

Address: 808 Pascoe Vale Road, Glenroy, Victoria, 3046, Australia 3046 Glenroy, Victoria

Website: http://www.belawyers.com.au/

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25.01.2022 INTERVENTION ORDERS An intervention order is a court order which prohibits an individual from behaving or acting in a certain manner towards a protected person/s, and can also direct an individual to comply with certain direction from the court. There are two types of intervention orders: an interim order and a final order.... - Interim Order: a short term order provided until the Magistrate can hear all the evidence and hence make a final decision. This is made if the Magistrate believes a person is immediately in need of protection. - Final Order: a long term order made by a Magistrate if he/she believes a person is in need of protecting. What an Intervention order can do for you: An intervention order can provide conditions to stop a person from: - Harassing, stalking or threatening you - emotionally or psychologically abusing you - being near your house - contacting you - damaging any of your property - causing you to fear for your own safety or the safety of your family. There are criminal repercussions if a person disobeys the conditions of an intervention order. If the court finds a person guilty for any breach of the condition, they can be given, depending on the severity of the breach: - a prison sentence - a fine - a good behaviour bond or other penalty - the person will also possess a criminal record Applying for an Intervention Order: To obtain an intervention order, you must attend the Magistrates Court to make an application. You can either be assisted by a lawyer or choose to be self-represented. If you require immediate protection, you must apply to the court for an interim order and satisfy the Magistrate that an interim order is required to: - immediately ensure the safety of a family member; - preserve your or a family members property; or - provide immediate protection for a child who has been exposed to family violence. If the police was involved, it is often easier to obtain an interim as they can apply for the order or appear in court for you. To book an appointment to start the process or if you have further enquiries, please do not hesitate to contact our offices on the following numbers: 03 9304 3344 (Melbourne) or 02 9645 5175 (Sydney).

25.01.2022 Divorce refers to the official ending of a marriage. When a Divorce Order is made final, you can remarry. It is illegal to be married to more than one person at any time. The only requirement for a Divorce is the irretrievable breakdown of the marriage. This requires that the husband and wife have been separated for a minimum of 12 months with no likelihood of getting back together. Your partner is not required to agree to the separation, however, they only need to be aware... that you believe the marriage is over. The court does not consider who was at fault for the marriage to breakdown. You are not required to get a divorce when you separate, however, staying married will affect your overall rights and obligations for financial matters, such as property settlements, your Will and in the event, you pass away, your Estate. If you have children, a Divorce Order does not affect your relationship with your children. Any division of property for a divorced couple must be done within a period of 12 months from the date of the divorce order. If you have not sought a property division within the first 12 months of the Divorce Order being made, seek legal advice immediately. If you are seeking Divorce or want advice about Divorce and separations, please contact us on so that we can assess and assist you. We have a range of affordable legal services that we can tailor to your circumstances.

25.01.2022 Drink Driving Offences In the past year, Victoria has become home to some of the strictest drink driving penalties and procedures in Australia. ranging from lengthy disqualifications to costly fines and Drink Driver programs. The penalties involved depend on several factors such as whether the offence is a first offence, the type of licence held, but most importantly the recorded BAC level (Blood Alcohol Concentration). For instance, if you are hold a learners permit or hol...d a probationary licence, your BAC must be zero. If you are caught drink driving with a reading of 0.01 to 0.049, you will receive a fine and be automatically disqualified from driving. If you hold a full licence, the disqualification periods are as follows: BAC Level First Offence Repeat Offences 05 or more but less than 07 6 months 12 months 07 or more but less than 08 6 months 16 months 09 or more but less than 10 6 months 18 months 10 or more but less than 11 10 months 20 months 11 or more but less than 12 11 months 22 months 12 or more but less than 13 12 months 24 months 13 or more but less than 14 13 months 26 months 14 or more but less than 15 14 months 28 months 15 or more but less than 16 15 months 30 months 16 or more but less than 17 16 months 32 months 17 or more but less than 18 17 months 34 months 18 or more but less than 19 18 months 36 months 19 or more but less than 20 19 months 38 months 20 or more but less than 21 20 months 40 months 21 or more but less than 22 21 months 42 months 22 or more but less than 23 22 months 44 months 23 or more but less than 24 23 months 46 months 24 or more 24 months 48 months Fines: In the case of first offences, you will receive a fine of up to 20 penalty units (approximately $3,300.00). If it is your second offence, penalties may reach 60 penalty units (almost $10,000) or imprisonment of up to 6 months for BAC readings under 0.15. If BAC levels exceed 0.15, you may be fined with up to 120 penalty units (approximately $20,000.00) and/or imprisoned for up to 12 months. The way to avoid drink driving is simple. If youre going to drink, plan not to drive. Nevertheless, should you find yourself charged with drink driving, contact one of our skilled criminal lawyers immediately at our offices in Melbourne CBD or Glenroy, so that you are provided with the best way to legally approach the matter, contact us on 03 9304 3344. Disclaimer: This article is for general information only; it does not in any way constitute any legal advice and must not be treated as such. It is important to seek professional legal advice with regard to your specific personal circumstances.

22.01.2022 New driving laws commencing this week make it mandatory for all visa holders, including international students to get a Victorian driver licence within six months of moving to the state in order to be able to continue to drive on the states roads. According to the new Victorian road safety laws coming into effect on Tuesday, overseas driver licence holders, regardless of their visa status, will have to convert their licence to a local licence within six months of their taking up residence in Victoria. Currently, temporary visa holders continue to drive on their overseas licence until they get their permanent residency and those with permanent visas have six months since first arriving in Australia to get a local licence.

22.01.2022 Things to watch out for when buying a property EASEMENTS: An easement gives someone the right to use the property of another. It could be where a Government authority has the right to run for example drainage systems and pipes through your property. Another example is where a neighbour may have right to use the driveway of a contiguous property. It is essential to check for any registered or unregistered easements. RENOVATIONS, EXTENSIONS & RECENT BUILDING WORK: If the proper...ty has been recently built or renovated, it is important to check with the local council to to ensure that all the building or renovations were done with the necessary permits. Any illegal alterations to the property could become your responsibility. SURROUNDING ZONING: check the zoning of the property and surrounding areas for any possible future planning for industries or high-rise buildings etc. RESTRICTIONS: You should check whether there are any restrictions as to use of the property. GOVERNMENT CHARGES: Consideration should be given to government costs such as Stamp Duty and Titles Office fees. FINANCE: You should determine your budget and arrange finance. If finance is an issue you should consider making the Contract conditional upon you obtaining finance. COOLING OFF: You may be entitled to a cooling off period (due to change of mind) after purchase to cancel the contract. To book an appointment to start the process or if you have further enquiries, please do not hesitate to contact our offices on the following numbers: 03 9304 3344 (Melbourne) or 02 9645 5175 (Sydney).

22.01.2022 We have been inundated with phone calls from clients who have visas expiring soon and are unable to return to their home country because of the Corona virus outbreak and associated lockdowns, if you are in this situation and you want to explore your options, call us on the following numbers to book an urgent telephone consultation (we are only accepting telephone and whatsapp calls): Glenroy : 03 93043344 Melbourne CBD: 03 86585829 Sydney: 02 96455175

21.01.2022 We understand that many visa holders currently in Australia are panicking about their visa status, particularly those with visas expiring soon and are unable to return to their home countries. There are many other ways we can assist, make sure you keep a legal visa status in Australia, we are still in business as usual - however limited to just telephone and video conferences. Below is our latest approval for a request to waiver the no further stay condition for a Lebanese ...client whose tourist visa is about to expire and who can not return to Lebanon, due to the Covid 19 related travel restrictions. Call us today to discuss your options: Glenroy : 03 93043344 Melbourne CBD: 03 86585829 Sydney: 02 96455175

20.01.2022 Bardo Lawyers featured in the Law Institute Journal today, this is what I had to say about how Bardo Lawyers managed through the COVID-19 Pandemic. https://www.liv.asn.au//Transition--Law-firms-plot-the-roa

20.01.2022 Today at our Glenroy office, we had a wasps vs bees situation, and heres how we dealt with the issue.

19.01.2022 Wed love to take a moment to share our heartfelt appreciation to all of our clients! Thank you for being a part of our journey this year. We look forward to serving you and taking care of your legal needs in 2020. Our offices will be closed between 9:00 am Monday 23 December 2019 and will re-open at 9:00 am Monday 6 January 2020. We wish you all a happy, safe and restful holiday season.

19.01.2022 SECURE AUSTRALIAN PERMANENT RESIDENCY WITH A TRADE OCCUPATION Bardo Lawyers wishes to congratulate Mr Z and his employer on receiving a nomination approval for a Subclass 186 visa (Temporary Residence Transition stream (TRT)) with Mr Z’s nominated occupation being carpenter (ANZSCO 331212). Once a nomination application has been approved, it is relatively straightforward to obtain the Subclass 186 visa which is a permanent resident visa as the nominee generally only ne...eds to satisfy English, health and character requirements. In order to lodge a nomination application for a 186 visa (TRT), the nominee must currently hold a Subclass 457 or 482 visa and must have worked full-time for his/her employer for at least 3 years prior to the nomination application. If the nominee held (or had applied for and were later granted) a subclass 457 visa on 18 April 2017, the nominee must have worked full-time for at least 2 of the 3 years prior to the nomination application. Against the backdrop of increasing competition for skilled independent and state nominated visas (subclasses 189, 190 and 491), employer sponsored visas such as subclasses 482, 186 and 494 are becoming more and more appealing to those who have a trade occupation such as motor mechanic, carpenter, plumber, electrician, chef, cook, baker, cabinetmaker, panelbeater and who could not score enough points on the point test for independent and state nominated visas to be competitive. Disclaimer: This article is for general information only; it does not in any way constitute any legal advice and must not be treated as such. It is important to seek professional legal advice with regard to your specific personal circumstances. Please contact us if you have any queries with your immigration and legal matters. 808 Pascoe Vale Road, Glenroy, VIC 3046 03 9304 3344 [email protected] Level 24, 570 Bourke Street, Melbourne, VIC 3000 03 8658 5829 [email protected] https://www.belawyers.com.au/

19.01.2022 Dear valued clients, In light of the novel COVID-19 (aka Corona Virus) outbreak and to ensure the safety of our staff and clients, We will be temporarily suspe...nding face to face in-person client meetings at our Melbourne and Sydney offices. We will however remain open for business by conducting all client and business meetings via audio and visual links such as telephone, Whatsapp or Skype until further notice. We would like to re-assure all our clients that it is business as usual and all our lawyers will continue to be contactable via telephone, email and all of our social media platforms. We will continue to cater our legal services to new and existing clients. We thank you in advance for your understanding and cooperation. Bardo Lawyers.

19.01.2022 great news for the farmers https://immi.homeaffairs.gov.au//new-horticulture-industry

18.01.2022 SUCCESSFUL APPEAL ON A PERMANENT PARTNER (SUBCLASS 801) VISA REFUSAL BASED ON FAMILY VIOLENCE PROVISIONS Mr R lodged a combined Partner (subclass 820/801) visa application in July 2013. By early 2015, he was granted the temporary partner visa subclass 820. In mid 2015, the Department of Home Affairs requested further information to process the permanent stage of Mr R’s partner visa application (subclass 801) as by then he had met the time requirement for this visa a...pplication. Mr R’s migration agent had provided some documents in response to the Department’s request. The Department also interviewed the sponsor, being Mr R’s wife, in September 2016. Upon being interviewed, the sponsor advised the Department that their relationship had ceased and Mr R had not lived with her since February 2016. In September 2016, the Department sent Mr R’s migration agent a natural justice letter inviting Mr R to comment on the status of his relationship with the sponsor and the reason for the breakdown of the relationship. Some written response was provided but Department nevertheless decided to refuse Mr R’s 801 visa application as the Department did not believe Mr R and the sponsor was still in a spousal relationship. Mr R then engaged Bardo Lawyers to assist him with the merit review application at the Administrative Appeals Tribunal (AAT). Mr R instructed Bardo Lawyers the reason for the breakdown of his relationship was because the sponsor has committed family violence towards him to the extent that he could no longer feel safe to live with the sponsor. Upon receipt of this instruction, Bardo Lawyers has relied on the family violence provisions of the migration regulations to prepare Mr R’s case at the AAT. We believe thanks to our carefully prepared legal submission corroborated with credible evidence, the AAT has decided that Mr R was indeed a victim of family violence and the perpetrator was the sponsor. The AAT has remitted Mr R application to the Department for reconsideration with the direction that Mr meets the criteria for the grant of the permanent partner (subclass 801) visa. Disclaimer: This article is for general information only; it does not in any way constitute any legal advice and must not be treated as such. It is important to seek professional legal advice with regard to your specific personal circumstances. Please contact us if you have any queries with your legal and immigration matters. 808 Pascoe Vale Road, Glenroy, VIC 3046 03 9304 3344 [email protected] Level 24, 570 Bourke Street, Melbourne, VIC 3000 03 8658 5829 [email protected] https://www.belawyers.com.au/

17.01.2022 HOW CAN I GET OUT OF IMMIGRATION DETENTION IF I WAS CAUGHT WITHOUT A VISA IN AUSTRALIA? If you are onshore in Australia and you are caught while not holding a substantive visa or a bridging visa (unlawful non-citizen), you will be put in immigration detention and might be deported out of Australia. You could be an unlawful non-citizen if you had not renewed your visa after its expiry, or if your visa application was refused and you did not appeal the refusal, or if your...Continue reading

17.01.2022 Be careful of sunset clauses !!! https://www.theage.com.au//sunset-clauses-for-developments

17.01.2022 PERMANENT RESIDENT PARTNER (MIGRANT) (SUBCLASS 100) VISA GRANT Partner (Migrant) visa (Subclass 100) is a permanent resident visa allowing the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, live in Australia permanently. It is usually granted to people who hold a temporary Partner visa (subclass 309). Usually, 2 years must have passed since you applied for the combined 309 and 100 visa for you to be ...assessed for the permanent visa. If you were in a long-term relationship or your sponsor held a specific visa before you applied, you might be granted the permanent visa within less than 2 years. You must continue to be the spouse or de facto partner of the same person who sponsored you for the temporary visa 309. You must be able to demonstrate to the Department that you: be married or in a de facto relationship have a genuine and continuing relationship live together, or not live permanently separately and apart be mutually committed to a shared life excluding other partners You might still be eligible for the permanent visa 100 if your relationship breaks down or your partner dies before you are eligible for the grant of the 100 visa. Disclaimer: This article is for general information only; it does not in any way constitute any legal advice and must not be treated as such. It is important to seek professional legal advice with regard to your specific personal circumstances. Please contact us if you have any queries with your legal and immigration matters. 808 Pascoe Vale Road, Glenroy, VIC 3046 03 9304 3344 [email protected] Level 24, 570 Bourke Street, Melbourne, VIC 3000 03 8658 5829 [email protected] https://www.belawyers.com.au/

17.01.2022 We are very excited to share some great news with our clients, Bardo Lawyers has been named as as number one (1) Law firm in Melbourne according to the leading website www.lawyers.com.au. https://www.lawyer.com.au/melbourne-lawyers/

16.01.2022 HOW TO GET A WAIVER OF THE 12 MONTH DE FACTO RELATIONSHIP REQUIREMENT FOR A PARTNER VISA APPLICATION (SUBCLASS 820 OR 309 VISA)? Usually, in order to apply for a Subclass 820 (onshore) or Subclass 309 (offshore) partner visa, the applicant and the sponsor must demonstrate that they are either married or have registered their relationship in the relevant state or territory in Australia or have been living together (in a de facto relationship) for at least 12 m...onths immediately prior to the application. The 12 month de facto relationship requirement is prescribed in Regulation 2.03A(3) of the Migration Regulations. However, in some situations, the applicant and the sponsor might be prevented from both getting married and registering their relationship in Australia whilst in a de facto for less than 12 months. The question here is whether in such situation the applicant would still be able to lodge a partner visa application. The answer to the aforementioned question is that it is possible in certain circumstances where the applicant might be waived the 12 month de facto relationship requirement and therefore are still able to lodge a partner visa application. In order to apply for a waiver, the applicant must establish that compelling and compassionate circumstances exist for granting the visa. ‘Compelling and compassionate’ is a high threshold to meet and is not defined in the migration law and regulations. However, under policy, compelling and compassionate circumstances might include, but are not limited to cases where: the applicant has a dependent child of the relationship; or de facto relationships are illegal in the country in which one or both the couple reside; or a same sex couple has married overseas. In these cases, the couple is prevented from registering their relationship under a prescribed State/Territory law. Over the years, Bardo Lawyers has assisted many clients in successfully applying for such a waiver and eventually receiving partner visa grants. See below for an example of an onshore partner (Subclass 820) visa grant for a client who did not meet the 12 month de facto relationship requirement with his Australian partner. Disclaimer: This article is for general information only; it does not in any way constitute any legal advice and must not be treated as such. It is important to seek professional legal advice with regard to your specific personal circumstances. Please contact us if you have any queries with your immigration and legal matters. 808 Pascoe Vale Road, Glenroy, VIC 3046 03 9304 3344 [email protected] Level 24, 570 Bourke Street, Melbourne, VIC 3000 03 8658 5829 [email protected] https://www.belawyers.com.au/

15.01.2022 BUSINESS INNOVATION VISA (SUBCLASS 188A): WHAT ARE THE KEY REQUIREMENTS? Bardo Lawyers continues to assist several onshore and offshore clients applying for the Business Innovation (Subclass 188A) Visa. The latest application was initiated on 15 August 2019, one of our solicitors and registered migration agents, Dr Nathan Le, accompanied an onshore client to Adelaide to meet with the representatives of the South Australian government to explore business and settlement opportu...Continue reading

14.01.2022 888A BUSINESS INNOVATION (PERMANENT) VISA GRANT Bardo Lawyers could not be happier to extend their heartfelt congratulations to Mr M and his family on receiving the grant of a subclass ( ). Back in 2015, Bardo Lawyers had successfully assisted Mr M and his family to apply from Lebanon for the 188A visa (Business Innovation Provisional). Mr M and his family subsequently migrated to Australia to conduct their business in Melbourn...e, Victoria and by 2019 they had met the requirements for the application of the 888A. Bardo Lawyers had again assisted Mr M and his family with the 888A visa application in early November 2019 which has resulted in this 888A visa grant. In order to be able to lodge the 888A visa application, Mr M must meet key requirements of the Department of Home Affairs as well as the Victorian state government for the subclass 888A visa as follows: have lived in Australia for at least one cumulatively in the two years immediately before applying; have owned and directly managed a business in Australia for the two years immediately before applying; have achieved an annual turnover of at least $300,000 in the main business in the 12 months immediately before applying. And achieve at least two of the following three conditions: have a net value of AUD 200,000 in business assets; have a net value of AUD 600,000 in business and personal assets; have employed at least two full-time employees for at least 12 months immediately before applying. The employees must be Australian citizens or permanent residents. Please contact us today if you have any queries with your business/investment visa (188/132/888) matters. 808 Pascoe Vale Road, Glenroy, VIC 3046 03 9304 3344 [email protected] Level 24, 570 Bourke Street, Melbourne, VIC 3000 03 8658 5829 [email protected] https://www.belawyers.com.au/

14.01.2022 wed love to share our heartfelt congratulations to one of our Syrian clients on being granted a 5 years Temporary Parent Visa grant Subclass 870, this visa scheme was introduced in Australia on 01 July 2019. The sponsored parent visa provides parents with a pathway to temporarily remain in Australia with their children and grandchildren. Due to the competitive nature of the general Parent visa places and associated lengthy waiting periods, this is a option for parents wishing to live in Australia for up to five years. The sponsored parent visa is a great alternative for parents not willing to spend significant amounts of money for a permanent visa, or wait for the excessive waiting times for standard parent visa.

14.01.2022 Yet again, on 17 August 2020, Bardo Lawyers was named as the top law firm in Melbourne according to Allan Kamani from the prominent Just Melbourne website, we are indeed very humbled by this achievement https://justmelbourne.com.au/best-lawyers-melbourne/

14.01.2022 It is widely known that drivers face harsh penalties if they are caught driving with illicit drugs in their system. However, with tougher penalties being introduced in Victoria, it is worth noting the consequences of drug driving. Drug-driving Offences: Presently, you can be given a penalty for:...Continue reading

13.01.2022 Due to a substantial increase in demand for Wills & Probate, Bardo Lawyers is now offering Wills at a discounted rate: $600 for a husband/wife 2 Wills. $330 for a single will.

13.01.2022 ONLINE CITIZENSHIP CEREMONIES BEING TRIALLED DURING CORONAVIRUS CRISIS The Government will hold online citizenship ceremonies via secure video link, to enable people to continue to become Australian citizens during the COVID-19 crisis. Current health advice around COVID-19 means it is not possible for traditional, in-person citizenship ceremonies to be held.... Australian citizenship is an immense privilege, and fundamental to our national identity. The Department of Home Affairs has commenced trialling one-on-one ceremonies for those already approved for Australian citizenship. DHA will work with individuals with an urgent need, who cannot access the internet, to ensure their ceremony can occur safely in line with health advice. When fully implemented, it is expected this new capability will see up to 750 people per day having their citizenship conferred. The Australian Citizenship Act 2007 requires a person to make a pledge of commitment to Australia before a presiding officer. This is a legal requirement which has been in place for decades. Applications for Australian citizenship are still able to be accepted during this period, though citizenship interviews and testing have been put on hold. Additional resources will be deployed to conduct testing and interviews as soon as social distancing measures to prevent the spread of COVID-19 ease. The Government recognises the importance of Australian citizenship for migrants and for the wider Australia community. Already in 2019-20, more than 157,000 people have been conferred Australia citizenship, up 70% on the same period in 2018-19. There are currently 85,000 people awaiting a ceremony. People who were scheduled to attend a Citizenship appointment or ceremony over the coming months will be contacted to make alternative arrangements. if you need help with your citizenship application, book online through our website www.belawyers.com.au or call us on the following numbers: Glenroy : 03 93043344 Melbourne: 09 8658 5829 Regents Park: 02 96455175

13.01.2022 meet our team http://www.belawyers.com.au/our-team/

13.01.2022 DEREGULATION AND THE DIFFERENCES BETWEEN LAWYERS AND REGISTERED MIGRATION AGENTS "Australian lawyers are no longer subject to regulation by the Office of the Migration Agents’ Registration Authority (OMARA) due to legislation that came into effect on 22 March 2021. This legislative development means that people seeking advice about their visa options and their visa applications, or a review of their case by the Migration and Refugee Division of the Administrative Appeal...Continue reading

12.01.2022 HOW TO REMOVE THE NO FURTHER STAY 8503 CONDITION? The No further stay condition 8503 is usually imposed on a number of visa subclasses such as Visitor visa (subclass 600), Training and Research visa (subclass 402) and Work and Holiday visa (subclass 462) preventing the visa holder from applying for another temporary or permanent visa while the visa holder is onshore in Australia. You can check whether your visa has been imposed with the No further stay condition 8503 ...by looking at the visa grant notice or by conducting a Visa Entitlement Verification Online (VEVO) check. If your visa is indeed imposed with the No further stay 8503 condition and you wish to apply for another visa while in Australia, there is a provision in the Migration Regulations to waive such condition in limited circumstances. You can apply for a waiver of the No further condition if you can demonstrate the following: There have been circumstances that have developed since you were the visa and the circumstances are both compassionate and compelling; You had no control over these circumstances; and These circumstances have resulted in a major change to your personal circumstances. Below is a waiver of the No further stay 8503 condition that Bardo Lawyers has successfully applied on behalf of a client whose visitor visa (subclass 600) was imposed with the condition and he wished to apply for another visa whilst in Australia Disclaimer: This article is for general information only; it does not in any way constitute any legal advice and must not be treated as such. It is important to seek professional legal advice with regard to your specific personal circumstances. Please contact us if you have any queries with your legal and immigration matters. 808 Pascoe Vale Road, Glenroy, VIC 3046 03 9304 3344 [email protected] Level 24, 570 Bourke Street, Melbourne, VIC 3000 03 8658 5829 [email protected] https://www.belawyers.com.au/

12.01.2022 A special gift from a special client this morning

11.01.2022 Landlords & Tenants COVID-19 Code of Conduct On 7 April 2020 Prime Minister Scott Morrison released the Mandatory Code of Conduct setting out the leasing principles to be abided by landlords and tenants of commercial and retail tenancies during the COVID-19 pandemic period.... The Code of Conduct applies to all tenancies that are suffering financial hardship as a result of the COVID-19 pandemic. Tenants with an annual turnover of up to $50 million that meet the eligibility requirements for the JobKeeper program will have the benefit this Code of Conduct for as long as the JobKeeper program remains operational. The objective of the Code of Conduct is to reduce the impact of the COVID-19 pandemic on tenants and calls for all landlords and tenants to act in an open, honest and transparent manner. The key points under the Code of Conduct are: Tenants are to continue to pay rent, however where tenants can demonstrate financial stress or hardship as a result of the COVID-19 pandemic they may negotiate appropriate temporary arrangements with the landlord, taking into account their particular circumstances. A landlord cannot terminate the lease due to non-payment of rent. Tenants must not breach other terms of the lease. If a tenant does not remain committed to the terms of their lease, they may lose the protections arising under the Code of Conduct. Landlords must offer a reduction in rent in proportion to the reduction in turnover experienced by the tenant in the form of waivers and deferrals. At least half of any reduction provided must be waived, with the remainder to be deferred. The tenant will pay the landlord the deferred rent over the balance of the lease term or over 24 months whichever is longer. To get advice on your rights and responsibilities under the Code of Conduct, contact the team at Bardo Lawyers

10.01.2022 Australian Migration Program in light of the 2020/2021 Budget The permanent Migration Program will remain at a cap of 160,000 places for 2020-21, with planning levels of 79,600 places allocated in the Skill stream and 77,300 places in the Family stream. Child and Special Eligibility visas will make up the remaining 3,100 places. Approximately two thirds of permanent visas in the 2020-21 program are expected to go to people already in Australia. Of the remaining visas, it i...Continue reading

10.01.2022 Difference between Letters of Administration and Probate When a person passes away, they often leave behind assets, property and liabilities that need to be looked after. This is referred to as a deceaseds estate. When there is a valid will, the estate will be administered by the executor named in the will. However, if the deceaseds will is void or there is no will, then the closest next of kin will usually be responsible for managing the estate, and may be appointed as t...he administrator of the estate. Probate: Probate relates to the process of proving and registering the deceaseds estate in the Supreme Court of Victoria. Once this is complete, a Grant of Probate will be issued, in which the named executor in the will now possesses the legal right to administer the deceaseds estate according to the terms set out in the will. This is only applicable when the deceased had a valid will in place, whereby, it will name who has the authority to administer the estate, this person is also known as the executor of the will. To apply for a grant of probate you must be: - Over 18 years of age - Named as an executor in the deceaseds will. What if there was no will in place? Under this circumstance, if the deceased did not have a valid will or will at all, a grant of probate cannot be obtained. Rather, a Grant of Letters of Administration due to intestacy will be applied for. This means that rather than the state of a deceased person be administered according to the terms set out in a will, it will be administered according to a method provided in an Act of Parliament. The intestacy provisions are very complex and conditional upon many different circumstances, in which, it is highly recommended you seek obtaining legal assistance from a lawyer. In order to apply for a Letter of Administration, you must be the deceased persons closest next of kin, and this is provided in the following descending priority: - Lawful spouse/Domestic partner - Biological children, including children adopted by the deceased - Grandchildren - Parents - Siblings - Closest next of kin. When can the deceaseds estate be distributed? Regardless of whether under probate or a letter of administration, the estate of the deceased cannot be administered until all liabilities incurred by the deceased have been paid for. These liabilities can include, but are not exhausted to, an interest-bearing loan, taxes, and debts. To book an appointment to start the process or if you have further enquiries, please do not hesitate to contact our offices on the following numbers: 03 9304 3344 (Melbourne) or 02 9645 5175 (Sydney).

10.01.2022 SMALL BUSINESS OWNERS 491 VISA A PATHWAY TO PERMANENT RESIDENCY (PR) IN QUEENSLAND AND TASMANIA The small business owners (SBO) 491 visa programmes introduced by the Queensland and Tasmania state governments have attracted a lot of attention from prospective applicants who otherwise would not have met the requirements for the 189/190 PR visas but still want to pursue a PR pathway in Australia. Bardo Lawyers have received several inquiries from clients who have thought merel...Continue reading

09.01.2022 OFFSHORE PARTNER VISA (309) GRANT AFTER 10 MONTHS OF APPLICATION Due to travel restrictions associated with Covid-19 pandemic, the Australian government requires most temporary visa holders including those who hold temporary work visas and student visa to apply for and to be granted travel exemptions before being eligible to enter Australia. In order to be granted a travel exemption, a visa holder must demonstrate compassionate and compelling reasons for travel to Aust...ralia. Compassionate and compelling reasons include, but are not limited to, needing to travel due to the death or critical illness of a close family member. However, there one such temporary visa subclass which allows a visa holder to travel to Australia without a travel exemption; that is partner (provisional) (subclass 309) visa. A Bardo Lawyers’ client from Vietnam has recently been granted a subclass 309 visa after a 10-month processing time and thus would be able to reunite with his wife in Australia without the need to apply for a travel exemption. In order to be able to lodge a Subclass 309 visa application, a prospective visa applicant must meet the following requirements: be married or in a de facto relationship with an Australia citizen, or an Australian permanent resident. have a genuine and continuing relationship. live together, or not live permanently separately and apart. be mutually committed to a shared life excluding other partners. Disclaimer: This article is for general information only; it does not in any way constitute any legal advice and must not be treated as such. It is important to seek professional legal advice with regard to your specific personal circumstances. Please contact us if you have any queries with your legal and immigration matters. 808 Pascoe Vale Road, Glenroy, VIC 3046 03 9304 3344 [email protected] Level 24, 570 Bourke Street, Melbourne, VIC 3000 03 8658 5829 [email protected] https://www.belawyers.com.au/

09.01.2022 FAMILY LAW AND PROPERTY When separation is considered in a struggling relationship, it is natural for people to contemplate what they are likely to receive financially post-separation. In order to determine how assets are divided, the Family Law Act implements a procedure which consists of the following steps: ESTABLISHING A NET ASSET POOL OF THE PARTIES INVOLVED: To determine the asset pool a brief balance sheet is filled out, outlining the assets, liabilities and superannua...tion of both parties. Here, all assets are taken into consideration, regardless of whether they were obtained before or during the marriage, or after separation. The term property in such cases extends to anything of value such as motor vehicles, real estate, shares, savings and jewellery. CONTRIBUTIONS TO THE RELATIONSHIP: For this step, each partners contribution towards the marriage/de facto relationship, whether financial or non-financial, is calculated. This includes contributions in the capacity of a home maker or parent (i.e being responsible for the childrens schooling, medical treatments etc), gifts, inheritance, and compensation payments are also included. FUTURE NEEDS AND EARNING CAPACTIY: In this step, the court will assess and evaluate what the parties may require post-separation. The court takes into account several factors such as age, health, disparity in income and other financial circumstances. IS THE RESULT JUST AND EQUITABLE? The final step is to consider the practical effect of the proposed property division, to ensure it is just and equitable. This is due to the fact that the split may seem appropriate in a numerical sense, yet unfair in a practical sense. In some cases, the court may not even find that it is fair to even adjust property interests due to certain circumstances of the case. Before doing anything, the court must consider if it just and equitable to exercise its power in changing the parties interests in property. It is extremely important that parties make full and honest disclosure about their financial circumstances, to ensure proceedings are fair. Failure to do so can result in severe consequences. Whether or not an agreement can be reached, the rules regarding property division are complex. It is for this very reason that legal advice is highly recommended before making a final decision. Our experienced family lawyers are always willing to help you reach the best result possible. Should you require any assistance in such matters, contact us on 9304 3344 to schedule an appointment at our Melbourne CBD or Glenroy office. See more

09.01.2022 Making a Will A will is a legal document which expresses a persons wishes on how their estate will be managed and distributed after their passing away. It is an essential way to ensure you are protecting those nearest and dearest to you. If you are 18 years of age or older, having a valid Will is the most ideal approach to guarantee that your family members and loved ones will be competently looked after and the odds of family disputes regarding your estate will be greatly l...owered. Disputing a Will On the other hand, there are situations where you may feel that you have been unfairly accommodated for in a Will, or wish to challenge the legitimacy of the Will itself, and there are several ways to do so, some of which include: - Where you believe you were unfairly provided for; or - Where you believe the deceased was under coercion, fraud, or lacked the mental capacity to understand what he/she was signing; or - Where you believe that the executor of the will did not distribute the will appropriately. Throughout our years here at Bardo Lawyers, we have helped a myriad of clients create and challenge Wills, and with our expertise in this area, we will ensure that the process is as timely and smooth as possible. Our fees to prepare a Will are very competitive, they range between $300 to $800 depending on the complexity of the Will. To make an appointment, ring our office on (03) 93043344.

08.01.2022 Wed love to share our heartfelt congratulations to this Pakistani couple on finally coming together after so much struggle, the wifes application for a subsequent entrant skilled visa subclass 489 was rejected twice, until the husband came to us. Their case was then assigned to Dr. Nathan Le from our Melbourne office, and only within a matter of 13 days, the wifes 489 visa was granted, clients were over the moon and are forever grateful. Re-uniting families is at the heart of what we do here at Bardo Lawyers.

07.01.2022 If you are one of those, please get in touch with us urgently, we can assist you, don’t breach your visa conditions, there are options for you, call to speak to one of our expert immigration lawyers: Glenroy : 03 93043344 Melbourne CBD: 03 86585829 Sydney: 02 96455175... https://amp.theguardian.com//two-million-temporary-visa-ho

06.01.2022 If you are one of those, please get in touch with us urgently, we can assist you, dont breach your visa conditions, there are options for you, call to speak to one of our expert immigration lawyers: Glenroy : 03 93043344 Melbourne CBD: 03 86585829 Sydney: 02 96455175... https://amp.theguardian.com//two-million-temporary-visa-ho

06.01.2022 PERMANENT RESIDENT VISA PATHWAY WITH THE EMPLOYER NOMINATION SCHEME (ENS) VISA (SUBCLASS 186) MOTOR MECHANIC Bardo Lawyers wishes to congratulate Mr K and his family on receiving a nomination approval for a Subclass 186 (Temporary Residence Transition stream (TRT) with Mr K’s nominated occupation being motor mechanic (ANZSCO 321211). Once a nomination application has been approved, it is relatively straightforward to obtain the Subclass 186 permanent resident visa as ...the nominee generally only needs to satisfy English, health and character requirements. In order to lodge a nomination application for the 186 visa (TRT), the nominee must currently hold a Subclass 457 or 482 visa and must have worked full-time for his/her employer for at least 3 years prior to the nomination application. If the nominee held (or had applied for and were later granted) a subclass 457 visa on 18 April 2017, the nominee must have worked full-time for at least 2 of the 3 years prior to the nomination application. Against the backdrop of increasing competition for skilled independent and state nominated visas such as subclass 189, 190 and 491 visas, employer sponsored visas such as subclass 482, 186 and 494 visas are becoming a more viable pathway to permanent residency to those who have a trade occupation such as motor mechanic, carpenter, plumber, electrician, chef, cook, baker, cabinetmaker, panelbeater and who could not score enough points on the point test for independent and state nominated visas to be competitive. Disclaimer: This article is for general information only; it does not in any way constitute any legal advice and must not be treated as such. It is important to seek professional legal advice with regard to your specific personal circumstances. Please contact us if you have any queries with your legal and immigration matters. 808 Pascoe Vale Road, Glenroy, VIC 3046 03 9304 3344 [email protected] Level 24, 570 Bourke Street, Melbourne, VIC 3000 03 8658 5829 [email protected] https://www.belawyers.com.au/

06.01.2022 From tomorrow, new bicycle laws will be in place to make it easier for kids to cycle safely. Whats new? Under 13 years can now ride on footpaths. 13 years and older can accompany a person who is under 13 to ride on a footpath.... 18 years and above? You can now ride with a child in a child seat or pedalling on a hitch bike on the footpath. For more info visit: https://go.vic.gov.au/K5fGEC

06.01.2022 RECENT IMPORTANT CHANGES TO 485 TEMPORARY GRADUATE VISA Recently, there have been several important changes to the Temporary Graduate (Subclass 485) visa. Late last year, in recognition of the travel restrictions associated with Covid-19 pandemic, the Department of Home Affairs has allowed applicants to lodge 485 visa applications whilst offshore and has also extended the eligibility period to apply 485 visa from 6 to 12 months after graduation. Then, on 20 January...Continue reading

05.01.2022 From Melbourne: Happy and quite grateful clients, 888 Business innovation PR Visa grant, loved the gift From Sydney: Family visa grant after much struggle with other lawyers, clients over the moon.

04.01.2022 Wed love to share our heartfelt congratulations to this Indian family on receiving their Permanent Resident Employer Sponsored Visa subclass 186 in less than 4 months. The main applicant was sponsored as a motor mechanic by a local mechanic workshop in the Northern Suburbs of Victoria.

03.01.2022 OFFSHORE STUDENT VISA 500 GRANT DURING COVID-19 PANDEMIC Recently, Bardo Lawyers has received a number of queries from prospective clients as to whether the Department of Home Affairs is still processing offshore student visa applications (subclass 500) despite the Australian border being closed to most temporary visa holders. The answer is yes; the Department is still processing student visa applications. We think the policy rationale behind this is that most studen...t visas are granted with validity periods of 2 years or more. Therefore, those international students who are granted student visas would still be able to travel to Australia to study once the Australian border is reopened. Bardo Lawyers has successfully assisted Mr A from India with an offshore student visa application in January 2021 (see visa grant below). Notably, prior to engaging Bardo Lawyers, Mr A has engaged an agent in India to lodge his student visa application in September 2020. However, this application was refused because the Department did not believe Mr A meets the genuine temporary entrant criteria for the grant of the student visa. Through family members in Australia, Mr A had engaged Bardo Lawyers in November 2020 to resubmit his student visa application. After carefully reviewing Mr A’s file to understand the reasons why the Department refused his previous student visa application, Bardo Lawyers has prepared a thorough and well-written legal submission to demonstrate that Mr A does indeed has a genuine intention to study in Australia to further advance his professional career. Bardo Lawyers is hopeful that the Australian border will be reopened soon for student visa holders so that they could come to Australia to fulfil their Australian study experience. Disclaimer: This article is for general information only; it does not in any way constitute any legal advice and must not be treated as such. It is important to seek professional legal advice with regard to your specific personal circumstances. Please contact us if you have any queries with your legal and immigration matters. 808 Pascoe Vale Road, Glenroy, VIC 3046 03 9304 3344 [email protected] Level 24, 570 Bourke Street, Melbourne, VIC 3000 03 8658 5829 [email protected] https://www.belawyers.com.au/

03.01.2022 Yesterday, Prime Minister Morrison announced the temporary ban of foreign nationals entering Australia (as of 9pm Friday 20/3/20), part of the governments efforts to try to contain the outbreak of COVID-19. This travel ban does NOT apply to Australian citizens, permanent residents OR their immediate family members. Any of the above entering Australia must self-isolate for 14 days, and immediate family members who do not hold substantive permanent visas (ie. hold bridging or ...temporary residency visas) contact the Department prior to their departure. Contact us with any enquiries.

03.01.2022 Bardo Lawyers wishes to congratulate Mr A and his family on receiving a nomination approval from the Victorian state government for the ( ). In order to receive this nomination approval, after being granted the 188A visa, Mr A has, without delay, commenced his business activities in Melbourne, Victoria and therefore has met the key requirements of the Department of Home Affairs as well as the Victorian state government for the subclass ...888A visa as follows: have lived in Australia for at least one cumulatively in the two years immediately before applying; have owned and directly managed a business in Australia for the two years immediately before applying; have achieved an annual turnover of at least $300,000 in the main business in the 12 months immediately before applying. And achieve at least two of the following three conditions: have a net value of AUD 200,000 in business assets; have a net value of AUD 600,000 in business and personal assets; have employed at least two full-time employees for at least 12 months immediately before applying. The employees must be Australian citizens or permanent residents. Having a track record of success with the 888 visa, Bardo Lawyers is confident in assisting Mr A and his family with the successful application of his 888A visa. Please contact us if you have any queries with your business/investment visa (188/132/888) matters. 808 Pascoe Vale Road, Glenroy, VIC 3046 03 9304 3344 [email protected] Level 24, 570 Bourke Street, Melbourne, VIC 3000 03 8658 5829 [email protected] https://www.belawyers.com.au/

03.01.2022 Bardo Lawyers is very proud to have assisted a Bangladeshi client to secure a Business Innovation and Investment (Permanent) (888A) visa for his family. Bardo Lawyers is one of few law firms in Australia capable of handling the business and investment visa process from start to finish. Contact one of our experienced immigration lawyers today at our offices in Melbourne CBD and Glenroy, Ph: 03 8658 5830 or 03 9304 3344 if you need any assistance with a complex Business and Investment visas.

02.01.2022 AAT WIN ONSHORE PARTNER VISA 820 WITH SCHEDULE 3 WAIVER If you lodge an onshore subclass 820 partner visa application when you hold a bridging visa (of any type), or you are an unlawful non-citizen, you must meet the criteria of Schedule 3 provisions of the Migration Regulations 1994 in order to be granted an onshore partner visa. One of the most important criteria of Schedule 3 provisions is that you must lodge your 820 partner visa application within 28 days of you...r last visa expiring. If your last substantive visa has ceased more than 28 days before you applied for the 820 visa, then you will not meet the above criterion of Schedule 3. In that instance, you could still be able to be granted the 820 onshore visa if the Minister is satisfied that there are compelling reasons for not applying the Schedule 3 requirements of Migration Regulations 1994. This is called waiver of Schedule 3 requirements. Mr D lodged an onshore 820 partner visa application when holding a Bridging visa while appealing to the Administrative Appeals Tribunal (AAT) for a refusal of his skilled visa application. Mr D did not meet the requirements of the Schedule 3 and therefore must seek a waiver of Schedule 3 requirements. The Department of Home Affairs refused his 820 visa application as the Department did not believe there existed compelling reasons for not applying the Schedule 3 requirements. Mr D then engaged Bardo Lawyers for assistance with his 820 appeal application to the AAT. Our lawyers have reviewed Mr D’s files carefully and prepared submissions with supporting evidence demonstrating that there exist compelling reasons for not applying the Schedule 3 requirements based on his circumstances. As a result of this successful appeal at the AAT, Mr D’s 820 visa application has been remitted to the Department for reconsideration and if he meets other requirements, he would be granted the 820 visa. Disclaimer: This article is for general information only; it does not in any way constitute any legal advice and must not be treated as such. It is important to seek professional legal advice with regard to your specific personal circumstances. Please contact us if you have any queries with your legal and immigration matters. 808 Pascoe Vale Road, Glenroy, VIC 3046 03 9304 3344 [email protected] Level 24, 570 Bourke Street, Melbourne, VIC 3000 03 8658 5829 [email protected] https://www.belawyers.com.au/

02.01.2022 Bardo lawyers monthly CPD seminar presented today by our brilliant solicitor Olga Nazha, Olga presented about the Family Violence Provisions in the context of the Migration Act 1958.

01.01.2022 132A VISA (SIGNIFICANT BUSINESS HISTORY) NOMINATION APPROVAL FROM NEW SOUTH WALES FOR A CLIENT FROM THE GULF Bardo Lawyers wishes to congratulate Mr Y, who is currently residing and doing business in the Gulf, on receiving a nomination approval from New South Wales for the prestigious Subclass 132A visa Significant Business History stream. This visa is for people who have an outstanding business history and management skills. To be eligible for the 132A visa - Signifi...cant Business History stream, a prospective applicant must: Have demonstrated extraordinary talents in business acumen and management. For at least 2 of the 4 fiscal years before being invited to apply, have an ownership interest in one or more qualifying businesses in which the net business assets value was at least AUD $400,000 Have total net assets worth AUD $1.5 million or more and the assets are available for transfer to Australia within 2 years after the visa is granted Have annual business turnover of AUD $3 million or more for at least 2 of the 4 fiscal years immediately before being invited to apply for the visa As mentioned in a recent post by Bardo Lawyers, the Department of Home Affairs will discontinue both the 132A visa - Significant Business History stream and the 132B visa Venture Capital Entrepreneur stream from 01/07/2021. Therefore, from 1/7/2021, there will remain only four visa streams in the Australian business and investment visa programme: Business Innovation (188A), Entrepreneur (188E), Investor (188B), and Significant Investor (188C). From 1/7/2021, Business Innovation (188A) visa applicants will be required to hold business assets of AUD $1.25 million (up from AUD $800,000) and have an annual turnover of AUD $750,000 (up from AUD $500,000) to prove their business acumen. Also from 1/7/2021, the $200,000 funding threshold required for Entrepreneur visa applicants will be scrapped. Applicants will need to be endorsed by a State or Territory government. Disclaimer: This article is for general information only; it does not in any way constitute any legal advice and must not be treated as such. It is important to seek professional legal advice with regard to your specific personal circumstances. Please contact us if you have any queries with your legal and immigration matters. 808 Pascoe Vale Road, Glenroy, VIC 3046 03 9304 3344 [email protected] Level 24, 570 Bourke Street, Melbourne, VIC 3000 03 8658 5829 [email protected] https://www.belawyers.com.au/