At Wintr Consulting, we specialise in managing complex immigration matters with precision and a deep understanding of Australian migration practice. With 11 years of industry experience, our principal immigration consultant has successfully navigated various visa applications and matters, including Schedule 3 waivers, health and character issues, PIC 4020 refusals, and visa condition breaches. We take a strategic and methodical approach to every case, with a heavy focus on research and aligning with current legislation and policy.
We are directly involved in every step of the process, from the initial consultation through to the preparation of submissions and ongoing correspondence with the Department. We understand the significance of each matter, which is why we dedicate the time and attention to present the strongest possible case. At Wintr Consulting, good practice, proven experience and knowledge are at the core of everything we do.
Australia offers several employer sponsored visa options for skilled applicants.
The Temporary Skill Shortage (TSS) visa (subclass 482) allows employers to sponsor skilled applicants for up to four years.
The Employer Nomination Scheme (ENS) visa (subclass 186) is a permanent residency visa available under the Temporary Residence Transition, Direct Entry, or Labour Agreement streams.
The Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) enables regional employers to sponsor workers for up to five years, with a pathway to permanent residency through the subclass 191 visa after three years.
These visas require employer sponsorship, relevant experience and qualifications, English language proficiency, and, in most cases, labour market testing and further evidence to demonstrate genuine need for the position.
There are a variety of family visas enabling Australian citizens, permanent residents, and eligible New Zealand citizens to sponsor close family members for migration. The Partner visas (subclass 820/801 for onshore and 309/100 for offshore) allow spouses or de facto partners of Australian sponsors to live in Australia, with a two-stage process leading to permanent residency.
The Parent visas include a wide range of options enabling parents to join their children in Australia, with differences in processing times and associated costs.
Other family visa options include the Child visa (subclass 101 or 802) for dependent children of Australian sponsors and the Remaining Relative (subclass 115 or 835) and Aged Dependent Relative (subclass 114 or 838) visas for individuals who have no close family members outside Australia.
The Carer visa (subclass 116 or 836) is available to those who need to move to Australia to provide long-term care to a relative with a medical condition.
These visas require evidence of the family relationships, health and character checks, and in some cases, an assurance of support.
The Resident Return visa (RRV) (subclass 155 or 157) allows current or former Australian permanent residents and certain former Australian citizens to regain or maintain their status when returning to Australia. The subclass 155 visa is typically granted for up to five years if residency requirements are met, while the subclass 157 provides a 3 month travel facility for those who do not meet the full residency requirement but have compelling reasons for travel.
Basic eligibility requires applicants to have spent at least two years in the last five years as a permanent resident in Australia or demonstrate strong ties to Australia.
Australian citizenship can be acquired through several pathways, including citizenship by conferral, descent, or adoption. For most permanent residents, the conferral pathway requires four years of lawful residence in Australia (with at least one year as a permanent resident), good character, and passing a citizenship test. Children born to Australian citizens or permanent residents may be eligible for citizenship by birth or descent, depending on the circumstances. Applicants must also meet residency, identity, and language requirements, with some exemptions and concessions available in special cases.
Administrative Review Tribunal (ART) review decisions made by the Department of Home Affairs. If a visa application is refused or a visa is cancelled, applicants may have the right to seek a review. The review process examines whether the decision was made in accordance with Australian migration law and allows applicants to present additional evidence to support their case.
Applications for review must be lodged within the prescribed timeframes on your visa refusal or cancellation. Applicants may be invited to a hearing, and outcomes can include affirming the original decision, remitting the case back to the Department for reconsideration, or substituting a new decision.
Australia’s General Skilled Migration (GSM) program is designed to attract highly skilled workers who are not sponsored by an employer but possess qualifications and experience in demand. The main visa subclasses under this program are the Skilled Independent visa (subclass 189), which does not require sponsorship; the Skilled Nominated visa (subclass 190), which requires nomination by a state or territory government; and the Skilled Work Regional (Provisional) visa (subclass 491), which requires nomination by a state/territory or sponsorship by an eligible relative in a designated regional area.
Applicants must submit an Expression of Interest (EOI) through SkillSelect and meet minimum eligibility requirements, including age, English proficiency, skills assessment in a nominated occupation, and a points test score (with a current minimum of 65 points). Invitations to apply are issued periodically based on points rankings, occupation demand, and nomination priorities. Certain visas under this program also provide pathways to permanent residency, such as the subclass 191 for eligible 491 visa holders.
A skills assessment is a mandatory requirement for General Skilled Migration visas. It involves an evaluation by a relevant assessing authority to determine whether an applicant’s qualifications and work experience align with the standards required for their nominated occupation in Australia.
Each occupation is assessed by a specific authority—for example, Engineers Australia for engineering roles, the Australian Computer Society (ACS) for ICT occupations, and VETASSESS for many general professional occupations. The assessment criteria vary between authorities and include qualification equivalency checks, employment verification, and in some cases, practical assessments.
Complex Australian immigration matters involve advanced legal and policy issues that require detailed written submissions and supporting documentation. These include cases such as health and character waivers, schedule 3 waivers for certain partner visa applicants, PIC 4020 issues involving alleged fraudulent or misleading information, Notice of Intention to Consider Cancellation (NOICC) and waivers of visa condition breaches, such as work limitation or no further stay conditions. These matters often involve discretionary decision making by the Department of Home Affairs, requiring a persuasive argument supported by strong evidence.
Preparing a strong submission in complex cases involves referencing relevant migration legislation, case law, and policy guidelines, while clearly addressing the legal grounds for waiver or discretion. Applicants must often demonstrate compelling or compassionate circumstances, genuine relationships, or severe hardship if the visa were to be refused. Due to the high stakes and potential for refusal, these matters demand a meticulous approach and a deep understanding of the Australian immigration law.
Wintr Consulting acknowledges the traditional owners of country throughout Australia and acknowledges their continuing connection to land, waters, and community. We pay our respects to the people, the cultures, and the elders past and present.
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