Stewart Administrative and Migration Lawyers in Warragul, Victoria | Lawyer & law firm

Stewart Administrative and Migration Lawyers

Locality: Warragul, Victoria

Phone: +61 409 921 585

Address: 3/13A Smith Street 3820 Warragul, VIC, Australia

Website: http://www.stewartamlawyers.com

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25.01.2022 What’s your love language? According to the Immigration Department, it must be English! As announced in the #Budget2020, the Department of Home Affairs will require partner visa applicants to show that they have functional English or that they have made a reasonable attempt to learn English before their permanent visa can be granted. This doesn’t need to be shown at the time the application is lodged - from the (very scarce) information that has been given on this proposed ...amendment it seems most likely that evidence of an applicant’s English ability will be requested during the final processing stage, with the last round of police clearances / character checks. In most cases, applicants will have 2 years or more to meet this requirement from the time their temporary visa application is lodged. There are a few different ways you can show that you have functional English. Some people will be exempt from having to take a language test or attend 500 hours of English lessons, but (frustratingly) this doesn’t include applicants from all the English-speaking countries in the world. If you’d like to find out what your circumstances require, please contact me and we can arrange a time to chat.

25.01.2022 The AAT's refugee caseload summary for the period 1 July 2019 to 31 December 2019 confirms that 5,961 applications were lodged in the Refugee Division, but that only 1,555 were decided. The current number of refugee cases at the AAT still waiting for a decision exceeds 25,000. At this rate, applications will take about seven years to be decided by the AAT. Seven years! It is not "first come, first served" at the AAT. There is policy about the order in which cases are heard,... and you might be able to have your case heard more quickly if you fall into one of the priority groups. For people seeking refugee status, the uncertainty that comes with having to wait so long for an outcome can be debilitating. If you have been waiting a long time and you want to find out whether your case could be considered as a matter of priority, please don't hesitate to contact us for more information. #refugeelaw #stillwaiting #sevenyears #AAT

24.01.2022 It’s GAT day today for year 12 students. You have shown your resilience, perseverance and determination this year, and you are so close to the finish line! We wish you the very best for your exam today and your upcoming final exams for your subjects. Class of 2020, you have worked so hard and your community is so very proud of you. #DrouinSecondaryCollege... #WarragulRegionalCollege #StPaulsAnglicanGrammarSchool #MaristSionCatholicCollege #TrafalgarSecondaryCollege #year12 #vce2020 See more

24.01.2022 "But I didn't mean to overstay my visa - I had to be quarantined / there were no flights / my home country is in complete lock-down because of the corona virus!" If you overstay your visa in Australia, for whatever reason, you are liable to be detained. If you are removed from Australia having overstayed your visa, you may be prevented from returning for a period of 3 years. Personally, I think that any person who is quarantined or diagnosed with the corona virus has a pretty... good excuse for not leaving when they were supposed to. But I'm not the person making the decisions (I wish!), and at the moment this is how the law stands. Even though this is a global pandemic, if you are in Australia as the holder of a temporary visa you will be expected to leave when your visa expires. So what can you do if your visa is about to expire but you can't go home? Most people in this situation will have options. You need to find out what they are as soon as you can, even if you don't end up having to act on them. Get good advice from someone you can trust. I have wrestled with posting this because I don't want to cause further or unnecessary alarm; and I don't want to profit off other people's unfortunate circumstances. However, I also don't want to see anyone be held at an immigration detention facility because they didn't think they would be detained in circumstances like this. So until the end of April if you are worried that you are "stuck" in Australia and, because of the corona virus, you think you may have to overstay your visa, I will waive my initial consultation fee (we can make it a telephone appointment if you are quarantined!). That's right - you get free immigration legal advice, because getting the corona virus and being detained are two things we should all try to avoid.

23.01.2022 Are you waiting for a Carer, Remaining Relative or Aged Dependent Relative visa to be decided? The Department of Home Affairs has announced that there are 312 places available for these "capped and queued" visas in the 2019/2020 financial year. Most of these places will go to carer visa applicants. The Department is currently assessing applications for carer visas with a queue date between 20 June 2016 and 11 October 2017. The queue date for Remaining Relative and Aged Depend...ent Relative visa applications is 2 August 2011. Your "queue date" is the date upon which the Department decides that you meet all of the substantive requirements for the visa, although you will be asked to undertake new health examinations and obtain new police clearances just before your visa is granted, so it's not always necessary to do them at the time you apply. Carer visas are designed for overseas nationals to come and care for an Australian citizen relative who has a disability rating of 30 or more, and nobody else to look after them (just to put it in context, you are eligible for the Disability Support Pension if your disability rating is 20). Most often, people with a rating this high need help with bathing, eating and dressing, as well as being taken to medical appointments. They are in need of a full-time carer, which is why their overseas relative has applied for the visa. Remaining Relative visas are for people who have all of their family members (including their partner's family members) in Australia. Aged Dependent Relative visas are for older visa applicants (aged over 65 years) who are wholly and substantially reliant upon the financial support of an Australian citizen relative (usually a niece or nephew). The current waiting time for these visas are listed on the Department's website as in excess of 50 years. The sad reality is that many of the people who need these visas - the people who need care and the elderly relative - will pass away before their visas are ready to be processed; or in the case of Remaining Relative visas, the applicants will become ineligible for the visa once their oldest child turns 18 years old or gets married and is no longer part of the immediate family unit. These visa classes really don't serve the purpose for which they were intended; and it is a continuing indictment upon the humanity of our migration program that we would so easily deny the help and comfort of a loved one to someone in the last years of their life.

23.01.2022 There's a new Australian Citizenship Test! Learn all about Australian Citizenship from this self-confessed Citizenship law nerd during a 1/2 day zoom conference on 14 October 2020.

23.01.2022 While we are all staying at home, flattening the curve, being socially distant, staying safe, and all the other catch-phrases that have become part of our COVID-19 vernacular, there are certain groups within society who are being denied the right to do that. Yesterday, the Supreme Court of Victoria ordered an assessment of Victoria's prisons, thanks to the Human Rights Law Centre and Fitzroy Legal Service. Who will allow people in immigration detention (many of whom are alrea...dy medically compromised and vulnerable) and those employed at immigration detention centres to exercise their rights to stay safe? #auspol #humanrights #COVID19 #SeekingAsylumIsNotACrime #SocialDistancing https://stewartamlawyers.com//covid-19-protection-for-pris

22.01.2022 The focus on the Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2020 has largely been on the proposed banning of mobile phones. But did you know that Bill, if passed, will allow immigration officers in detention centres to strip search detainees without any reason or cause? This is beyond unacceptable, especially considering that many immigration detainees are the survivors of family violence and / or sexual assault and / or torture. This pro...vision extends to officers being allowed to strip search children, and there are no provisions for independent witnesses or how the search is expected to occur. You can see our submission to the Senate Standing Committee on Legal and Constitutional Affairs here (it's number 52): https://www.aph.gov.au//Legal_/ProhibitedItems/Submissions Because EVERY person in Australia has the right to be safe from harm, from fear, and from the violation of their personal wellbeing and dignity. #auspol #MigrationLaw #FreeFromFear

21.01.2022 The Medevac legislation was repealed today. This means that the Minister for Immigration and the Minister for Home Affairs have the final say about who will be transferred to Australia for medical treatment from Manus Island or Nauru. The problem with this is that it enables the Government to perpetuate the lie that people who arrive by boat and seek asylum are not genuine refugees. The problem with this is that medical treatment will be put on hold until the Minister has d...ecided whether or not to exercise his veto. This has happened before, and people have died because they had to wait too long. The problem with this is that a non-medical person is making final decisions about the type of medical care that people are entitled to. There are many problems with this. It creates a legal and Government-endorsed divide between us and them: Australians and refugees / asylum seekers. But of greater concern is the fact that very sick people are going to be forced to wait longer than necessary to receive the level of medical attention they need. And that problem is not acceptable.

21.01.2022 Yes!!! This was one of the first pieces of advice I was given by my boss and mentor when I was his articled clerk (all the way back in 2007!). I was very blessed to serve my articles and then continue as a solicitor at Clothier Anderson Immigration Lawyers; to have formed such close and continuing friendships with colleagues there; and to have been taught many life-long lessons like this one (although there wasn’t much dancing at the office ...) ... Do NOT put in writing (letter, e-mail, text, Facebook, etc) anything that you do not want the High Court to see!

20.01.2022 Today was the culmination of a long journey. I met these clients in 2015, and together we worked to get them out of immigration detention and apply for the right visa for their family. They have recently become Australian Citizens, and I could not be happier for them. Freedom is something we take for granted in Australia, but it is denied to many people unnecessarily and sometimes unlawfully. Sadly, there are some lawyers who have a blanket rule about not representing people... in detention, because it is difficult and time consuming, and often not financially rewarding. Guess what? I’m not some lawyers. Today was the culmination of a long journey. Tomorrow we start on another. #immigrationlaw #immigrationdetention #AustralianCitizen #SheIsStrong

20.01.2022 This is the time that visa applicants need to be consulting immigration lawyers - the consequences of a refusal at the moment may be financially, practically and irreparably devastating. #ImmigrationLaw #Visa #VisaRefusal... #CheckMyForm https://stewartamlawyers.com//why-you-should-use-an-immigr

19.01.2022 This time 20 years ago I was counting down the days until my flight to the USA so I could attend TCU in Fort Worth, Texas. I had an incredible time at college and I have so many wonderful memories and lifelong friends (not to mention a husband!) from my time there. The COVID-19 travel restrictions mean that all Australian citizens and permanent residents, including students and student athletes (who might need to be on campus before classes officially start), need specific pe...rmission to leave Australia. The Government has indicated that this travel ban is likely to be in place until Christmastime. If you need permission to leave Australia, the Department of Home Affairs' website is a good place to start. If you need more help or have questions about the process, please contact us. Your college experience should be amazing and your biggest concern should be packing your suitcase; not whether or not you are allowed to get on the plane. And one more thing: GO FROGS! #migrationlaw #AustralianImmigration #travelban #Covid19Restrictions #studentathlete #gofrogs https://covid19.homeaffairs.gov.au/leaving-australia

16.01.2022 Are you preparing an offshore application for a skilled or working visa? VETASSESS has just announced that they are suspending / postponing / cancelling skills assessments for the following occupations from the following countries. South Africa (27th March to 5th April, 2020) Electrical, Air Conditioning Refrigeration Mechanic and Plumbing (General). Philippines (27 April - 1 May, 2020) - Automotive and Engineering Trades, Mechanical Engineering. United Kingdom (13 -... 14 May, 2020) - Electrician (General), Air-conditioning and Refrigeration Mechanic. India (19 - 22 May, 2020) Electrician (General). Other skills assessments will continue, but this doesn't mean there won't be further interruption in coming weeks or months. Talk to your immigration lawyer if you have any questions or concerns. The best thing you can do is make sure that your other documents are all up-to-date and translated, so that when your skills assessment is finalised you are able to lodge your application without delay.

15.01.2022 There’s lots of immigration announcements to unpack from the #Budget2020, starting with the good news that partner visa applications will receive priority processing where the sponsoring partner lives in regional Australia. What’s regional Australia you ask? It’s defined by postcodes. It does include some major areas and even some capital cities, so if you’re wanting to apply for an onshore partner visa it might be worth taking a closer look. Before the Covid-19 lockdown, ...partner visa processing times had blown out to almost 3 years! We’ll keep bringing you the immigration highlights (and lowlights) from the budget, as they are expanded upon by Government officials. And as always, please don’t hesitate to contact me if you have any questions. Lauri

14.01.2022 Big things have happened over lockdown, and I am super excited to be running my first webinar for Chapagain Stewart Training this morning! Check out our website - http://www.chapagainstewart.com - for more CPD information and upcoming events!

13.01.2022 It was true 70 years ago, when Auschwitz was liberated. It was true well before then; and it remains true now as we sadly too often see it in our politicians and leaders. The opposite of love isn't hate: it is indifference. #holocaustremembranceday #survivor #ElieWiesel

13.01.2022 What do you mean not everyone spends their Sunday evenings doing work? What else are they doing? Isolation and COVID19 restrictions have resulted in our kids attending school through remote / virtual learning, and this mama is trying to get ahead of the game before tomorrow’s classes resume. Sending a virtual high five to all the mums and dads who are doing the same - we’ve got this!... #auspol #CitizenshipLaw #LawyerLife #IsoLife

11.01.2022 Identity is becoming a big issue in Australia. How do you prove it? What does it mean? This is in response to a letter to the Editor published recently in the Warragul and Drouin Gazette. Shout out to my Grandma (who is sadly not on FaceBook) for bringing it to my attention! https://stewartamlawyers.com//outside-the-law-confirmation

11.01.2022 This morning we picked up the keys to our new office! We are now located at 3/13A Smith Street, Warragul. Our number remains the same - 0409 921 585. We hope this new office will enable us to help more people more efficiently, and better serve our community. Let the packing of boxes begin (I'll leave the furniture-moving to the experts)!... #ImmigrationLaw #AdministrativeLaw #NewSpaces #SmithStreet #Warragul

10.01.2022 We are open for business, but working from home. Please don’t hesitate to call or e-mail and we will do our best to help you. Going against the trend, it looks like I have gained some staff (might need to work on her highlighting and notation skills, though ...)! Please stay safe, and we will all come out of this together.... #ImmigrationLaw #citizenship #OpenWeStand #StayAtHome #DoNotTouchMyHighlighter!

10.01.2022 Applications for the new Regional Skilled visas can be lodged from 16 November 2019 - that's only 2 sleeps away!! What is this? It's the Government's new incentive to encourage more skilled migrants to settle permanently in regional areas (although it includes some areas not previously considered "regional", such as the Gold Coast). It's another potential pathway for family reunification, and another option for university graduates wanting to remain in Australia at the conclu...sion of their studies. Want to know more? Want help getting all your documents together? Contact us, and we'll do our best to help you! http://www.stewartamlawyers.com [email protected] #regionalAustralia #Gippsland #ImmigrationLaw

06.01.2022 Professionals should be respected, not ignored. By ignoring the relevant expert opinions of qualified professionals, the Australian Government is allowing innocent and vulnerable people to be harmed. A link explaining how you can write to your local MP or Senator about truths you want them to know is in the comments below. https://stewartamlawyers.com//we-tell-the-truth-at-christm

05.01.2022 Yes! Our First Peoples should never have been considered aliens. And while these men haven’t been recognised as Australian Citizens, they have been recognised by a majority of the Court as belongers - a new category of persons who are protected by the Constitution. It is largely recognised that permanent residency is the right to remain in a country. Citizenship is the right to belong. Maybe by using the word belongers, the Court is signalling that these men should be re...cognised as legal Citizens of Australia. There is more to follow - it’s a 167 page decision! But for tonight, it is sufficient to say that our First Peoples have been recognised as belonging here, and hopefully it is a step towards Constitutional recognition. #belongers #auspol #immigrationlaw #aliens #AlwaysWasAlwaysWillBe https://www.theguardian.com//high-court-rules-aboriginal-a

01.01.2022 Today I received this in the mail. It is a new, sparkly Australian Citizenship certificate for a child born in detention, whose case seemed to develop more complications as each submission was written. It was a long battle, but a battle worth fighting. It is now formally recognised that little bubba (who is almost 3 years old now) IS Australian, has always been Australian and will always belong here. #CitizenshipLawyer... #MigrationLawyer #Australian See more