FAQ

Migration

Do I need a visa?

Everyone who is not an Australian Permanent Resident or Citizen will need a visa to travel to Australia.

I’m too busy to apply now. Can my visa application wait?

Yes, but waiting can mean that you are not eligible when you want to apply. I always encourage my clients to apply as soon as they are eligible. Migration Law changes frequently according to many factors including economic, political and social. Furthermore, your situation may change including your health, employment and family status and these aspects can affect eligibility.

Why should I use an immigration lawyer? Can’t I apply myself?

Yes, you can do it yourself. However, applying for a visa is a huge investment. It means a significant change in your life, so getting the right assistance will vastly increase the chances of success. Furthermore, an immigration lawyer can guide you through the complicated migration laws that change during the year, identify the risks in your application and mitigate them. We make the visa application process more streamlined by focusing your application to directly address legal eligibility criteria thereby reducing delays, stress and the time involved. I often ask clients, would they do their own tax return? If not, then you should also put your visa application in the hands of an immigration lawyer.

What are my chances of getting a visa?

ESR Legal will assess your circumstances and eligibility for various visa options. Due to each case having a particular set of circumstances there are no guarantees of results. Each case is assessed on its own merits. Having said that, we will not take on your case unless we are certain that there is a realistic prospect of success.

Can I work in Australia

Some visas allow you to work in Australia and we can advise you which are the visas are best to apply for the type of work you want to do. There are many sectors in Australia which require skilled workers, so if you are a qualified and experienced worker, and have an employer who wants to sponsor you, we can assist. Please note that ESR Legal does not provide services to locate employment for foreign workers.

How long does it take to get a visa?

The time it takes to get a visa depends on a number of factors including how motivated you are to prepare the documents and information required, what country you are from (countries considered to be low risk are processed more quickly), the type of visa you are applying for and Department of Immigration and Border Protection processing times. ESR Legal can provide an approximate time for your particular visa application so you can plan your schedule accordingly.

Wills and Estates

What is a Will?

A Will is a legal document that sets out who you want to receive assets when you die. It is the only valid way to ensure that your assets will be distributed according to your wishes.

When should I make a Will?

Generally, a person who is over 18 years old, has testamentary capacity and assets should make a Will. There are situations where a person under 18 years old should make a Will, for example, a child who is earning a large salary from modelling or acting.

Why do I need a lawyer to write my Will?

Making your own Will is not advisable. A Will must conform to strict legal requirements or it may be deemed invalid. Those who write their own Will risk uncertainty for their beneficiaries. The wording of a Will must be done carefully as ordinary words may take on a different legal meaning within the context of a Will. Using a solicitor to draft your Will ensures that your wishes are properly recorded.

When should I update my will?

There are a number of instances when Wills should be updated including:
– Changes to marital status;
– Changes in the family, for example a birth of a child or grandchild;
– Changes in the value of assets;
– Death or illness of beneficiaries or executors named in your current Will;
– Changes in lifestyle, for example retirement or moving country.
A Will cannot be changed by simply adding to it or crossing out the irrelevant clauses. Either a new Will must be drawn up or a codicil must be prepared.

What happens if I don’t make a Will?

Your assets will be distributed in accordance with a statutory formula under the Succession Act 2006 which determines who receives the assets of your estate and in what percentage, regardless of your wishes or even if you are married. This can mean that your loved ones experience financial difficulties and emotional stress in trying to obtain the benefit from your estate they deserve.

Notary Services

Why do I need a Public Notary? Isn’t a Justice of the Peace sufficient?

When preparing documents for use overseas, a Public Notary or Notary’s services are required. A Justice of the Peace’s services are used for documents that are needed locally.

I need my documents notarised in a hurry. Can you help?

Yes. Please indicate the timeframe you need the documents notarized by. Then provide as much information as possible in advance of your appointment via email including:
– 100 points of identification;
– Proof of residential address;
– Scan of the document to be notarized;
– Specific instructions for notarising the document from the relevant overseas body or overseas attorney;
– Translation of the document into English (if necessary).
ESR Legal will do everything possible to assist you in the timeframe you require.

 

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