Can I Migrate to Australia without a Job Offer?

Many people migrate to Australia without having a job or getting sponsored. There is a SkillSelect program for people who want to move to Australia to seek employment.

They do not need a sponsor, but they must prove that they have the skills and qualifications necessary to work in an occupation on the Australian Skilled Occupations List.

They also require to pass an English test (IELTS or others) and have professional qualifications that are recognised in Australia.

Some crucial requirements to migrate to Australia pursuant to this visa are –

  • English language – you should have sufficient ability in the English language to work in Australia (at least at a Competent level);
  • Age Restriction – Some visas will have an age restriction of 55 and under.
  • Nominated occupation – when you apply, you nominate a skilled occupation, which fits your skills and qualifications. This occupation must be found on the Medium and Long-term Strategic Skills List;
  • Skills assessment – before you apply, you must have your skills assessed by an Australian assessing authority designated to assess your nominated occupation (which will usually have specific qualifications requirements);
  • Health assessment – you should be of reasonably good health, and all applicants must have their health assessed by a panel doctor and undergo a medical examination; and
  • Character assessment – you should be of good character, and this too will be assessed.


For further information or enquiry on the above, please contact us or .  Read other related immigration articles.

A Must See Visit – Port Arthur, Tasmania – Part 1


In February, just before the current Coronavirus restrictions were put in place, I visited Tasmania. This is the first of three short pieces on places that I found of considerable interest.

Previously, I was a frequent visitor to Tasmania through involvement with an Oyster Farm down in Dover, about an hour south of Hobart.

Port Arthur is a very important part of the story of forced migration and settlement in Australia. It was much more than a prison, but a complete community. Home to convicts, military and civilian officers and their families. The convicts worked at many industries producing goods and services for use locally. The military and civilian officers looked after security and administration.

The present site contains more than 30 historic buildings, extensive ruins and beautiful grounds and gardens. The penal station was established in 1830 as a timber getting camp using convict labour. Then in 1833, it was used as a punishment station for repeat offenders. It was built on a philosophy of discipline, punishment, religious and moral instruction. By 1840, more than 2,000 convict soldiers and civil staff lived there, and it produced a wide range of goods and materials, from worked stone and bricks to furniture, clothing, boats, and ships. It was an extremely harsh life as a convict and many men were broken by it, while others, were rehabilitated, educated and skilled. Interestingly, the ships they built were of  good quality.  Because convict labour was free, they were able to be sold so cheaply, that the shipwrights based in Hobart and elsewhere in Tasmania, petitioned the Government to close the convict ship building as it was sending them bankrupt.

If you visit Tasmania, in my view, this is a must see. It lies about an easy hours’ drive from Hobart.

I acknowledge the tourism brochure which contains much useful information.

Coronavirus Affecting Australia’s Economy

Australia’s economy is unusually dependent on China, and the coronavirus outbreak could mean billions in lost revenue.

Australian exporters are already feeling the effects of the virus. Exports to China make up 38% of the Australian export market, and the virus has reduced the demand for many goods and services.

The tourism industry is also suffering from the outbreak. Chinese tourists are the biggest contributors to the Australian bottom line when they are here. In the last 12 months Chinese tourists spent an estimated $3 billion in Victoria, outspending American tourists by the ratio of three to one. The current travel ban is blocking thousands of Chinese tourists as well as students heading to the country.

Education Minister Dan Tehan has warned that unless there is a breakthrough within the next few weeks, and Chinese students that are due to study in Australia can leave China to start their courses this month, the economic impact on the nation’s education sector will be crucial. There are even concerns of long-lasting reputational damage. “There is a risk international student numbers will drop and not recover after this crisis”, said Liam Donohoe, president of the University of Sydney Student Representative Council.

The education sector is Australia’s second biggest export behind iron ore, with a revenue from overseas students of $37 billion. It is likely the virus will have a larger impact on the Australian universities than those of any other country because of the high proportion of international students, of whom one quarter are from China. As of today, more than half of the roughly 200,000 Chinese students due to begin studies in Australia are not able to enter the country.

The travel restrictions have the most impact on small businesses within retail, restaurants and tourism operators. Henry Cutler, the director of Macquarie University Centre for the Health Economy, says these businesses have less capacity to deal with a sudden or protracted loss of income and it is hard to say how well they are able to hold out while waiting for a breakthrough.

As if that wasn’t enough – Australia’s close economic ties with China and the potential damage the virus will have on the Australian economy is filling currency traders with fear. Richard Grace, head of foreign exchange strategy at Commonwealth Bank, says the dampening economic impact of coronavirus together with bushfires and drought are weakening the Australian dollar. As coronavirus deaths escalate in China, traders walk away from risky currencies, such as the Australian dollar, and flock to the perceived safety of other currencies, like the US dollar.

Rodrigo Catril, currency strategist at National Australia Bank, agrees that the correlation between coronavirus and the performance of the Australian dollar is strong and the most important driver in the short-term for the Australian dollar remains the virus impact in China. He says that the Australian dollar will regain some ground if we start to see factories reopening and travel restrictions lift, but if there is further delays the dollar will remain under pressure.

During the SARS outbreak in 2003 the GDP dropped for a quarter, but as the Chinese Government pushed forward a stimulus program to get the economy moving again the economic growth accelerated again the next quarter. Chinese officials are expecting the same thing to happen this time, and if so, it is unlikely to have too much of an impact on Australia.

Damien Klassen, head of investment at the Melbourne-based Nucleus Wealth, is worried about the economic impact. Toyota’s announcement on Friday that it is keeping its 12 factories in China shut for another week is alarming for investors like Klassen. He does not agree with the prediction by Chinese officials that the economy will bounce back as it did after Sars outbreak 2003. The Chinese economy was only a quarter of the size back then. Klassen claims that the economic impact now might be enough to force the world economy into recession.

A potentially positive outcome for the Australian consumers is that we could see lower petrol prices as a result of the coronavirus, driven by a drop in demand of oil from China, the world’s largest oil importer. However, the price drop won’t come immediately.

It’s impossible to know how severe and sustained the spread of the coronavirus will be. However, as factories in China remain shuttered and millions of people are banned from travelling, it is obvious that the impact on the economy will be significant. Looking at countries’ exposure to China, how big the economy is and what type of companies it has, Australia ticks a lot of boxes and will presumably be one of the countries most affected.


November Newsletter 2019


Spring Current Affairs

Australia has experienced some 27 years of continuous growth, unlike most economies in the world. It is probably more due to our ability to sell our natural resources to China and elsewhere, rather than any great cleverness in the part of our Governments over that time.

It has been both good and bad for the country. Good in the sense that we have not had the difficult economic times experienced by most other countries around the world. Bad in that it has created several generations who have not experienced a normal cyclical downturns and as a result, are less equipped to cope with what is inevitable. The question is not if, only a matter of when.

We are seeing historic lows in interest rates, but also extraordinary high personal debt levels. The Governor of the Reserve Bank has indicated that it is unlikely that we will go into negative interest rates as elsewhere. While there is actually quite a lot of stress in the market place, the number of defaults is still relatively low as a result of low interest rates. However, if there is a change, it will have a major impact on so many people with such high levels of household debt and mortgages.

The property market appears to have reached a bottom for the time being, and it is in fact showing an increase primarily in Melbourne and Sydney. Whether that is short lived, remains to be seen. However, the old age remains true. It does not matter when you get into the market, it is more of a question of time in the market and when you get out. Short term property holding is speculation, longer term is investment.

If you have off-the-plan commitments for the future, particularly if you are an offshore investor, we strongly recommend that you make arrangements well in advance if you intend borrowing and in any event, you transfer your funds into Australia, well in advance of the likely settlement date.

The market is continuously changing, and while at present, there is a tightening of funds out of China, we are seeing increased investment from both Indonesia and Vietnam.

We have websites in English, Chinese, Indonesian and Vietnamese. Simply, click on the flags.

Several months ago, I had the pleasure to spend some time both in Alice Springs and surrounds and then Uluru or Ayres Rock, as previously known. The “Red Centre” as it is called, is certainly an interesting area for both domestic travellers and also for international travellers. There is much to see, both from a historical point of view and also a cultural point of view. It is rather an extraordinary thing that it is only several hundred years ago that people were still exploring the outback and that an extraordinary feat of endurance and hardship. A telegraph line was pushed through in the 1860’s from the Port of Adelaide through to Darwin to enable Australia for the first time to communicate with the rest of the world by undersea cable. The mission at Hermannsburg which was the birthplace of Albert Namatjira, the first recognised Australian Aboriginal Artist. Alice Springs has some very interesting galleries of Aboriginal Art. It is hard to imagine the extraordinary privations and hardship that people were going through at that time when many other parts of the world were particularly, China, South East Asia, Europe, had cities and cultures had been developed for hundreds, if not, thousands of years. It was very much the last frontier.


The Clouds are Clearing

Source: PRG Corp 

Last week PRG Group reported stats about the Melbourne Apartment market having flattened and corrected itself and a predicted undersupply in the pipeline.

Off the back of solid sales rates, there is a great deal of support coming out from property experts that the Melbourne market stating we will see some incremental growth in 2020 and 2021.

Angie Zigomanis – Property analysts at BIS Oxford Economics “is positive about growth in Melbourne house prices, with houses predicted to increase by 7% and apartments by 4% between now and 2022.”

Trent Wiltshire – Domain Economist has stated that while the market will bottom out at the end of Spring, the growth will be a little more conservative sighting factors such as, lack of wage growth, housing affordability crisis and consumers fear of debt. He predicts a price rise rate of 1-3% in houses and 0-2% for units/apartments.

Felicity Emmet – Senior Economist at ANZ is another optimist, believing that the we will see a total increase in prices of 4.3% in 2020, stating Victoria will out-perform the rest.


The Power of Making a Decision – A Power of Attorney

Situations arise in our daily lives, where the ability to allow someone else to make decisions on our behalf, is convenient for a variety of reasons and makes good sense. It is a good idea to be aware of the advantages and disadvantages of delegating Powers of Attorney.

Powers of Attorney are documents that allow other people you select, to make specific or even general decisions on your behalf, and hopefully, in your best interests.

Their decisions are often subject to conditions specified by you and to some extent governed by legislation. It is probably stating the obvious to suggest that, you think very carefully about the person to whom you wish to entrust your life and/or your financial wellbeing.

Contact us for further information on how we can assist you.


Traci Chen nominated as finalist in Lawyers Weekly Women in Law 2019 Awards!

Traci recently won Lawyer Weekly’s 30 under 30 in her field of Migration, and is a finalist for Rising Star of the Year – SME for Lawyers Weekly – Women Law Awards.


Art Prize Winner Mission to the Seafarers

Nevile & Co. was proud to once again sponsor the Mission to Seafarers Victoria’s  Maritime Art Awards & Exhibition by awarding the Nevile & Co. ‘Runners up’ prize.

2019 marks Nevile & Co.’s 11th year of involvement with the Mission to Seafarers Victoria. Principal, Peter Nevile, began by providing pro bono legal assistance to the organisation, and quickly came to understand the very real need for the services offered by the Mission, and the benefits for the seafarers of having a place for rest, relaxation and a friendly welcome, friendship and counsel in port.

The 2019 Nevile & Co. ‘Runners up’ prize winner Barbara Tyson for her art work “Weight of Living” awarded by Peter Nevile.


A bit about the Artist –  Born in Sydney Australia.

Barbara Tyson’s art work is regularly on exhibition and is highly successful around Australia and her paintings can also be found all around the world.

She is an artist who has develop her own style and combines a myriad of techniques in her work.

Her work expresses freedom and movement.





CENTRAL EQUITY WINS HIA Victoria Apartment Complex of the Year!

Central Equity has done it again for the fifth time!. HIA judges were full of praise for Central Equity’s recently completed Southbank Place.

They were impressed with the aesthetic appeal and liveability of the apartments, the generously appointed and sophisticated resident facilities and the very high standard of build quality throughout.

The HIA is Australia’s peak residential industry body.


Watch Out! – Protect yourself against Cyber-Crime and Email Fraud

We want to draw your attention to emails supposedly from our office requesting payment to a particular account.

The only account to be used is the Nevile & Co. Law Practice Trust –

BSB 183 334,
Account no. 3018 74764
Swift Code MACQAU2S

For your protection, we will not transfer any monies following an email from you directing where payment should be made until we have either spoken with you by telephone, WhatsApp or WeChat or confirmed your bank account details by telephone.

Handy tips to keep in mind –

  1. Watch out for phishing scams. These are emails or messages that appear genuine and trick you buy asking you to download a file or information to open a link. They are attempts to retrieve credentials or sensitive data or release a virus on your computer.
  2. When you use internet, make sure you are navigating on trustworthy or safe websites. These can easily  be detected as they will start with https://.  If you come across one that is missing out on the “s”, be suspicious and don’t use this site! It could be a fraud.
  3. Although we live in a digital age, scams can also come via ordinary post or even by telephone impersonating organisations to which you belong to or have had some dealings with at some point of your life. Beware if you receive a letter out of the blue requesting to make payments or provide sensitive information or if you receive a call about an issue regarding your computer, bank account, or any other contracts you have with other providers. Always check first before you give away your information. Remember the movie “The Net” with Sandra Bullock?
  4. Change your password regularly, maybe every 2 -3 months and keep it safe. Do not share it with anyone. Keep your computer updated with anti-virus systems.


Notifications due 15 January
Source:© State Government of Victoria (State Revenue Office)

Vacant residential land and absentee owner notifications due

Notifications for vacant residential land tax and the absentee owner surcharge are due by 15 January 2020. If you made a notification last year, you only need to make a new one if your circumstances have changed.

Vacant residential land tax.

If you own a property in one of 16 council areas that was unoccupied for six months or more in 2019, you must notify us via our vacant residential land tax portal.

Absentee owner surcharge.

An absentee owner surcharge applies to Victorian land owned by an absentee individual, corporation or trust. If you are an absentee owner, you must notify us via our absentee owner notification portal.


Meet Claire Tan !
Claire TanWe welcome Claire Tan to the firm who has just joined us as a Consultant.

Claire has a Doctor of Jurisprudence and masters in Law and speaks both Mandarin and Cantonese.

She practises in commercial and corporate law, dispute resolution, litigation and family law as well as property law.

Please see more information on Claire Tan.



Word Tips: We Love Emojis! 

Everyone uses emojis these days. With your Windows 10 PC, you can easily insert emojis in your emails, word documents, or other applications in 2 simple ways.

Keyboard shortcut

1. Press “Windows Key”   + “Full Stop Key”   to bring up the emoji window;

2. Click on any emoji to insert it. Easy!

If you do not have a Windows Key on your keyboard, here is another way to use emojis.

On-screen Keyboard

1. Right-click on the task-bar and select “Show touch keyboard button”;

2. Click the “Keyboard icon” to open up the on-screen keyboard;

3. Click the “happy face button”     next to the space bar;

4. Click on any emoji to insert it!


What can you learn from elite dragon boat athletes?

Dragon boat racing is a competitive sport. A typical dragon boat crew consists of 20 paddlers, a drummer and a sweep, each playing a crucial role in how well the boat travels. The standard race distances are 200, 500 and 2000 metres. Regardless of the distance, it is a highly intense, demanding and draining activity – for body and mind.

As an eighth-year dragon boater, I have identified many traits shared amongst elite dragon boat athletes, successful entrepreneurs and business owners.

They set goals.

Elite dragon boat athletes set overall, specific and micro goals. Typically, their overall goal reads: to be stronger, fitter and faster; whereas the specific goals read: to bench 45 kilograms, to do 10 pull ups, or to achieve level 10 in a beep test. Micro goals would be to get to the gym three times a week, run twice a week, train on the water five times a week, and to achieve their personal best at every training.

Mental. But this is what it takes to qualify for the Australian national dragon boat team.

You would have heard of SMART goal setting, which stands for Specific, Measurable, Attainable, Relevant and Time-Based. Whether you are in the property or burger business, you must set SMART goals. Having goals ensures your business is manoeuvred toward the right direction. Not only will your goals act as indicators of the performance of your business, but you can also celebrate each specific goal and see that little achievement as the incentive to keep working towards your bigger goals.

They are committed.

Elite dragon boat athletes commit to progression. Forget exercising twice a week, they train at least 10 times a week, day and night. They wake up at 5am in the morning to go out on the water. They then head to the gym after work and lift weights. They watch their nutrition and keep a training log. They say no to things that jeopardise their progression.

Here’s an old saying about commitment: ‘The difference between involvement and commitment is like ham and eggs. The chicken is involved; the pig is committed’.

Forget 9 to 5 and work–life balance. Entrepreneurs work all the time. You must commit to self-development and business growth. Committed entrepreneurs don’t do what they do as a hobby or for pay cheques. As an entrepreneur, you must be driven by your goals and commit to executing your plans. Do entrepreneurs ever take holidays? Rarely. You must be able to identify opportunities and be flexible with your time to make things happen. Mere involvement is not enough to succeed, you must commit.

They are resilient.

Resilience is the ability to bounce back from adversity. Dragon boat racing requires exceptional resilience to persevere through the pain, fatigue and stress during a race. Usually a 200-metre race can be completed with quick, explosive power of less than one minute. But a 500-metres race is a real challenge to mental toughness. It starts off with explosive power which leads to the boat’s top speed and athletes have to do their best to maintain the top speed for as long as they can. Fatigue then kicks in, and that is the point where the resilience of the crew is the determining factor of a winning team.

As an entrepreneur, you know that it’s a roller-coaster ride. You are constantly faced with setbacks, challenges and obstacles. Being resilient means you’re able to rewire your brain to see these obstacles and challenges as opportunities to learn, grow and thrive. You then reflect on the meaning of the adversity and lessons learned to keep going on your entrepreneurial journey.

These are just three out of the many traits that I have identified. I will discuss other traits in my next article. Meanwhile, if you have anything to add to this article, leave a comment!

When am I out of time?

How long is a year? A month? Or even a day? Simple chronological questions can cause massive headaches for lawyers who must grapple with the fact that, for example, a month from the 15th of January to the 15th of February is 3 days longer than a month from the 15th of February to the 15th of March. Or that a person earning $1,000/week will earn significantly more than a person earning $4,000/month.

One of our migration lawyers at Nevile & Co. recently represented a client who was required to pass an English proficiency test in the 3 years immediately before submitting his application. He passed his test on the 3rd of August 2013, but lodged his application on the 4th of August 2016. His visa was refused by the Department for being out of time.

Action was taken against the Administrative Appeals Tribunal to get this decision overturned. You might already be thinking about factoring in leap years, or dates falling on weekends, but the Member overturned the visa refusal based on the Acts Interpretation Act 1901. Yes, that’s right, we have a 120-year-old law telling us how to read other laws.

That Act tells us that, for example, if you are required to do something 7 days before a certain date, that 7-day period does not include the final date. So, if your partner says you need to buy your kid a present in the year before their birthday, you have exactly one calendar year before that day – including their previous birthday. Which is great if the toy store is offering 2 for the price of 1.

The visa refusal was overturned, our client was overjoyed, and everyone involved quickly emailed their landlords asking to pay rent monthly instead of weekly.

For further information or enquiry on the above, please contact us

Sponsored Parent (Temporary) Visa

Subclass 870

The Sponsored Parent (Temporary) subclass 870 Visa allows parents and grandparents to reside in Australia continuously for 5 years, or up to 10 years if they apply for a second visa after a short period outside of Australia. Up to 15,000 visas may be granted each year, and will cost:

$5000 for a 3 year visa;

$10,000 for a 5 year visa; and

$20,000 for a 10 year visa.

To be eligible, parents must be the biological, adoptive, or step-parent of the sponsor, who must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.

Furthermore, visa applicants must:

  • Be at least 18 years old
  • Be sponsored by an approved parent sponsor
  • Be outside Australia for at least 90 days if the applicant holds or has previously held a Sponsored Parent (Temporary) visa
  • Not paid for visas conduct
  • Provide proof of access to funds
  • Provide proof of health insurance
  • Not have outstanding public health debt
  • Fulfil health, character, and national security requirements.

Sponsorship applications open from 17 April 2019, and once approved sponsored parents can apply for the new parent visa which are expected to open from 1 July 2019. 

Contact or for more information or send us an enquiry.

Training Visa Subclass 407

The 407 Visa is a temporary visa for people wishing to take on occupational training or professional development activities in Australia.

You are eligible if:

  • you have 12 months of work experience attained within the last 2 years relevant to the role
  • graduated in the last 12 months with qualification closely related to the nominated occupation and meet minimum qualification requirements for the profession

This visa permits you to work for your sponsor in your profession, while taking part in an approved structured training program by your employer.

In order to qualify for this visa, you must:

  • Be at least 18 years old (or have exceptional circumstances)
  • Possess functional English (equivalent to IELTS 4.5 average)
  • Provide proof that you are able to support yourself in Australia financially
  • Sincerely plan to stay in Australia temporarily for the proposed purpose
  • Meet the health and character requirements
  • Have private health insurance

There are three streams you can apply for the 407 visa through:

  1. Occupational Training based in the workplace

For applicants who have recent qualifications/experience, who intend to complete an approved training structure in the workplace to develop their skills in their current occupation, area of tertiary study or field of expertise.

The training plan is to be provided by the sponsoring organisation and must be a minimum of 30 hours a week. At least 70% of the training must take place in the workplace, and the other 30% can be classroom training.

  1. Occupational Training for capacity building overseas

For applicants who wish to complete a professional development training programme or internship in Australia as part of their qualification. Overseas employers can also send their managerial or professional workers to Australia to undertake a customised professional development programme, expected to take place in a classroom or similar environment.

  1. Occupational Training required for registration

For applicants aiming to gain registration, membership, or licencing to work in Australia or home country. This stream is applicable only for occupations that legally require licensing in Australia or in the applicant’s country of passport.

The visa allows you to stay in Australia for up to 2 years, so long as you continue your training. During this time, you will not be allowed to undertake work other than your approved occupational training program under which the visa was granted, as per condition 8102. While minimum salary requirements may not apply, any salary payable to trainees must abide by the Australian labour laws and practices.

You can complete the application online, regardless of the country you are residing in, and  can include spouses and children in your application.

So what can I do for you?

We can assist 407 visa applicants and their employers throughout the visa process. We deliver advice and application supervision throughout these applications to guarantee they are not overwhelmed and receive the best possible result.

For further information or enquiry on the above, please contact us.

Overstaying your visa expiry date in Australia, What do I do now?

If you have overstayed your visa, then you are an unlawful non-citizen in Australia, and you are at risk of being detained and removed from Australia. Overstaying your visa for more than 28 days means any future applications will be subject to an exclusion period- which means you will be unable to be granted a visa to travel to Australia for a minimum of 3 years.

Our client came in to see us when she realised she had overstayed her visa by 6 months. She was on a student visa, and mistakenly mistook the expiry date on her Confirmation for Enrolment as her visa expiry date.

She was now an unlawful non-citizen in Australia, so what could she do?

As soon as we became aware of this, we applied for a Bridging Visa E which was granted, giving her a few weeks to arrange for her departure from Australia. Our client had already completed half of her university course thus far, and if she couldn’t return to Australia, it would have been an incredible shame given the time, money and effort she had already invested into her studies. She left Australia as an unlawful non-citizen due to her staying more than 28 days after her student visa expired and was therefore subject to the Public Interest Criterion 4014.

However, exceptions do apply if there are compelling circumstances that affect the interests of Australia.

We assisted her in re-submitting a new student visa offshore when she returned to China, and we prepared submissions citing relevant case laws where the three-year exclusion period was waived under similar circumstances. She was granted her student visa on January 2019.

This is just one example of how imperative it is to seek legal advice to confirm you comply with all your visa conditions, ensuring you don’t end up as an unlawful non-citizen in Australia.

Furthermore, every situation is different, and it may be possible to request for a waiver to lift any restrictions that may be imposed on you.

For further information or enquiry on the above, please contact us.

Enquiries for Migration Visa 188 to 888

Nevile & Co. signed a Memorandum of Understanding with Viet-Think a prestigious Vietnamese law firm based in Hanoi. The MOU focuses on the opportunities in Vietnam to provide a diversification of investment in Australia together with migration. On the other hand it also provides an avenue to provide advice to Australian companies on proposed legal and business related issues in Vietnam as well as Intellectual Property advice.

Peter Nevile also provided a presentation to a group of high net worth individuals and company representatives in Ho Chi Minh city with immediate success in signing up a number of migration applicants.

We are looking forward to developing a new client base in Vietnam and also to having more Vietnamese food!

For further information or enquiry on the above, please contact us