FAQ

Table of Contents

Immigration

Visa Applications

  • Business and corporate migration
  • Children Visas
  • Dependent Relative Visas
  • High-end investor visas
  • Parent Visas
  • Return Resident Visas
  • Self-sponsored businesses wanting to establish themselves in Australia
  • Small businesses wanting to recruit staff from overseas
  • Spouse/partner/ DeFacto visas
  • Visa Applications for all Australian Visas

 

Refusals, Appeals and Cancellations

  • Absorbed persons
  • Adoption cases including customary adoption
  • All aspects of the review process
  • All courts
  • All Tribunals including interstate
  • Character issues such as convictions
  • Dealing with allegations of immigration fraud
  • Deportation matters
  • Getting visas reinstated (in one case, even after 45 years)
  • Health waivers
  • Identifying jurisdictional error
  • Illegal immigrants
  • Ministerial intervention requests
  • Obtaining a wide range of sponsorship approvals
  • Resisting visa cancellations

Common reasons people hire our migration agents include:

Invest or Business Visas

I want to start a business or invest in Australia

Partner & Family Visas

I want to sponsor my partner or family member

Employer-Sponsored Visas

My business needs to sponsor employees to work in Australia

Student Visa

I am an international student in Australia and want to stay after I graduate

Skilled Visas

I’m a skilled person wanting to live and work in Australia

Citizenship

I want to apply for citizenship

Visit the contact page. It doesn’t cost you anything to call the law firm.

To organise a full eligibility assessment report please contact us.

If your visa is cancelled, you may be able to appeal the decision and ask for a review by the Administrative Appeals Tribunal (AAT).

Our lawyers have extensive experience in dealing with these issues, and can assist in representing you at a hearing. For assistance and/or further information contact us.

Becoming an Australian Citizen means you are making an ongoing commitment to Australia, it is the start of your new life and formal entry into the Australian community.

All Australian permanent residents are encouraged by the Australian government to apply for Australian citizenship when they become eligible.

To be eligible to apply, and how to apply, will vary depending on your personal circumstances.

To find out your eligibility status, please contact us.

You may be eligible to apply for Permanent Residency. Please contact us to assess your eligibility.

If your sponsoring employer terminates your employment you have 60 days to either:

Find another employer

Apply for a different visa

Leave Australian within the 60 days or before your visa expires (whichever comes first)

We recommend you contact us to book a consultation with one of our Senior Advisors who specialise in this area.

Normally, 45 years is the agent limit for general skilled migration. However, there are some visas where age is flexible. Please contact us for more details.

The Global Talent Visa is a part of the Distinguished Talent Program. Those who have outstanding achievements in “target sectors ‘are eligible for this. Please contact us for more details.

Contact our office to speak with a friendly Sydney migration agent or Sydney immigration lawyer.

We’re happy to discuss the cost of hiring our services.

Services include Immigration advice and information based on current legislation, a full assessment of visa options, requirements, the migration process, visa and skills assessment application preparation and advocating you for review applications in the Tribunal (AAT).

Family Law

We provide services in the following areas of family law:

· Divorce and marriage;

· Parenting Plans;

· Property settlement;

· Spousal and child maintenance;

· Consent Orders;

· De facto relationships;

· Adoption; and

· Family litigation.

We offer fixed fee family law services and will always customise our services to best meet our client’s circumstances.

Our skilled legal team are client focused and work together with you to determine how best to assist your matter and will always ensure the best outcome is attained for you and your family.

Contact us for an explanation of our fees.

If you have been in de facto relationships and living with your partner for two years, you have the same rights as a married couple.

Separation disputes over property or children in de facto relationships work the same as married couples.

Family law covers a range of legal issues involving marriage, de facto relationships and children, and can be applied from the start to the relationship right up to the event of separation and divorce.

Family law is a highly sensitive matter.

We understand the importance of providing the best service to our clients and also keeping their sentiments when giving accurate legal advice as to the way forward with any family related legal issues they may be facing.

It doesn’t matter what your family law problem is or where you are located, we at the Sellanes Clark and Associates will help you make the right choices.

We are committed to the prompt and efficient resolution of family law disputes, in a cost effective manner.

We organise and appraise of various assets, as well as the ratification of agreements and make certain they are enforceable.

We also help to prepare court documents, supervise and direct mediations, organise and record official documents, attend trials and court proceedings, and much more.

We are on hand to respond to your needs when required and we’ll keep you updated on the progress of your case through regular contact.

The prospect of separation is a frightening mix of questions for anyone unfamiliar with the process.

We recommend our Step One Service.

This service is an initial appointment followed by a full written advice, detailed information and everything you need to help get you started.

Contact us to get started.

Wills and Estates

A Will is a legal document that outlines how you want your assets to be distributed after your death.

You can only include assets that are owned exclusively by you in your Will.

That is, assets in your sole name.

Assets which you own as ‘tenants in common’ can also be included.

Example of assets not covered by a Will include:

  • assets which are owned jointly (as ‘joint tenants’) such as family homes or bank accounts. Ownership will pass to the surviving joint owner automatically. This is known as the right of survivorship;
  • money held by a superannuation fund;
  • assets owned by discretionary trusts. These don’t become part of your estate because they remain the property of the trust;
  • proceeds from a life insurance policy, which are paid directly to the beneficiary nominated by the insured person and do not form part of the deceased’s estate.

 

It’s important to get the right legal advice when preparing your Will.

This will reduce the chance of a dispute between your beneficiaries and ensure your wishes are carried out.

Please contact us here to speak with a Sydney Wills and Estates Lawyer.

‘Executor’ is the title given to a person/s you appoint in your Will to manage your estate after you die.

Your Executor has responsibility for carrying out your wishes as set out in your Will.

You should consider carefully who you select as your Executor/s.

Your Executor should be someone you know very well and who you trust implicitly.

Common choices are spouse, children, siblings or other trusted relatives or friends.

We provide services in the following areas of Wills and Estates:

· Wills

· Probate

· Power of Attorney

· Defending or Contesting a Will

Anyone over the age of 18, and anyone under 18 who is married or contemplating marriage, can make a will, provided they have testamentary capacity.

Persons under the age of18 who are unmarried can make a will with the approval of the Court; this can be advisable for young people who are earning large sums of money in modelling, in show business or arising out of their sports activities or from commercial endorsements.

The Court can also authorise a will to be made for a person lacking testamentary capacity under Part 2.2 of the Succession Act.

There is no public registry of wills in NSW, but a number of private providers offering will registration facilities are in operation.

NSW Trustee & Guardian offers a secure storage service for wills, power of attorney and enduring guardianship documents called Will Safe.

We offer services in Will drafting ranging from a simple Will to the most complicated Will.

Given the sensitive and confidential nature of a Will we pride ourselves in our confidentiality and ethical attitude in this area of law.

Making a Will involves making a written declaration describing how your property will be disposed of after your death.

This allows you to leave your assets and any other possessions to which you are entitled, at the time of your death to nominated beneficiaries.

When a person dies without a will, their property is disposed of based on a statutory formula.

Upon your death, the executor you have specified in your will applies to the Supreme Court for probate, meaning they will receive title to your property and dispose of it in accordance with your will.

If you do not have a valid Will, you will die as an ‘intestate’.

This means your property will be distributed amongst your relatives (or to the State itself) based on a formula in the Succession Act 2006 (NSW).

A will generally needs three things to be valid:

  • It must be in writing (whether handwritten, typed or printed);
  •  It must be signed; and
  •  Your signature must be witnessed by two other people who also need to sign the will.

We need the following information to draw up your Will:

  • a list of your assets such as property, bank accounts, superannuation and investments;
  • the names and addresses of your beneficiaries (the people who’ll receive your assets);
  • if you have children under the age of 18, the name/s of whomever you’d like to appoint as their guardian(s);
  • specific gifts you wish to make to particular people or organisations, such as personal items or sums of money;
  • the details of your funeral if you have a pre-paid arrangement;
  • a responsible and competent executor. The role of executor includes collecting the estate assets, paying debts, and distributing the assets to the beneficiaries named in the Will. You can choose a friend or relative, or appoint an independent trustee organisation like NSW Trustee & Guardian.

Probate and Letters of Administration

Probate is a court order made by the Supreme Court of NSW which confirms that the will of the deceased is valid and gives permission to the executor to distribute the estate as described in the deceased person’s will.

If you are an executor named in a will you must apply for probate if there is real estate owned in the deceased’s sole name or as tenants in common with another person, or if any asset in the estate cannot be transferred without probate. The deceased’s property cannot be distributed until you apply for and are granted probate by the Supreme Court of NSW.

Depending on the type, size and value of the assets located in New South Wales it may not be necessary to obtain a grant of probate in New South Wales. There is no statutory requirement to obtain probate in every case. Some asset holders will often release smaller amounts without the need for probate to be obtained.

There are a number of steps you must take before the court will grant probate: ​

  1. ​​​​​​​Publish a probate notice

  2. Wait 14 days

  3. Make a probate application

  4. Respond to Requisitions from the court

  5. After the grant, if there are no problems with your application and documents, and after any requisitions are finalised, probate should be granted.

If a person dies without leaving a Will, then the authority to deal with the estate is not obtained with a Grant of Probate, but with a Grant of Letters of Administration.

Business and Commercial

Business lawyer services can include:

Starting up – buying a business, business structures, asset protection, insurance law, commercial leases and risk management.

Established – ownership issues, shareholder disputes, directors duties, employment law, business contracts and commercial litigation (debt recovery, etc). Maybe you encounter a legal issue or a dispute? We’re here to get things back on track.

Wrapping up – selling the business and advising on business succession and matters related to bankruptcy/insolvency (should that occur).

Not sure if you need a business lawyer?

We provide commercial legal support to large corporations, small to medium-sized enterprises (SMEs) and small business operators. 

Our services help proprietors and directors through all stages of business from startup and expansion, through to merger or disposal.

Chances are you’ll need help with your business. Here is a list of common legal services we provide.

Common business law and commercial law services

  • franchising
  • shareholder agreements
  • compliance
  • commercial disputes & litigation
  • intellectual-property
  • franchising
  • taxation
  • business structuring, including companies and trusts
  • company constitutions and trust deeds
  • business succession planning
  • partnership and joint ventures
  • sales and purchases of property and businesses
  • leasing
  • financing

Every business, whether knowingly or unknowingly, deals in one or more areas of contract law. Common examples are employment contracts, leases, and contracts for the supply or sale of goods to customers and services to your business.

By failing to properly consider all the legal issues and ramifications which can arise from these contracts, you may be exposing yourself to expensive or stressful litigation from employees, suppliers, landlords, tenants or customers.

You should make an appointment with us to discuss the review of the contracts that form part of your business.

Contact us here.

Contract law seeks to regulate the formation and enforcement of contracts. It sets out the essential elements of a valid contract and the remedies available to parties in the case of a breach of contract.
Business Regulations: This set of law covers government rules and regulations for business organisations, factories, trade unions, and labour.

This is where corporations get their power from. Corporate law deals with the formation, management, and termination of corporations. It sets out legal provisions for issues such as the election of directors, raising of capital, prevention of insider trading, distribution of dividends, the redemption of shares, and mergers and acquisitions.

This is an umbrella law that provides for patenting of inventions and copyrighting of creative work.

  • Preparing tailored employment contracts;
  • advising on employee issues;
  • drafting exit agreements and deeds of release;
  • protection of intellectual property and confidential information in the employment/contractor environment;
  • advising large and small businesses in relation to employment disputes, including unfair dismissal claims and breach of contract matters;
  • attending court appearances, mediation and compulsory conferences.

A commercial lawyer (or business lawyer) can be an immaculate tool with the smooth running of your business or company and making sure you are equipped and protected in the case of any legal issues you may face. We offer corporate legal services that are consistent, amiable, and reliable. We handle a wide range of commercial legal matters, from commercial property leases and litigation to employment law and ongoing business solutions.

James Saunders
James Saunders
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I can highly recommend Sellanes Clark and their immigration team for supporting and delivering a great result on the PR application process for my family and I. Especially Samantha and Toni, making the process as painless and straight forward as possible.
Vardhang Shah
Vardhang Shah
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The process was clear and easy since the beginning and the team was always there for any of my questions during the whole process of the visa. Absolutely recommend their services to anyone!
Gladmore Mbizi
Gladmore Mbizi
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Wow, at last I will be reunited with my family courtesy of the Sellanesclark immigration team.Despite COVID challenges the team kept me posted regarding my application and finally the wait is over. Thanks team SellanesClark
laureen atty
laureen atty
Google Review
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Sellanes Clark & Associates go out of their way to help you - I have had a terrific experience with them and would definitely recommend!
felix d
felix d
Google Review
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Excellent service. I would highly recommend Sellanes Clark & Associates to anyone in the process of applying for visas. Vrinda has been absolutely amazing helping me with my 186 visa process.
Kurt Nick
Kurt Nick
Google Review
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The immigration team of Sellanes Clark was supporting us in our PR application. I can highly recommend Sellanes Clark in such matters. The process was very professional, quick and painless as possible.
Johanna S
Johanna S
Google Review
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Thank you so much to Vrinda and team who helped me with the 482 visa. Such an easy process when you have people around who know what they're doing! Thanks for patiently answering all my questions and concerns. Appreciate the fast turn-around.
Cormac Walsh
Cormac Walsh
Google Review
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Massive thanks to Vrinda and the team who were incredibly helpful in working with me to get my 482 visa. I would highly recommend using Sellanes Clark and Associates services.
Antony Smout
Antony Smout
Google Review
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They are very easy to work with and can highly recommend their services for all immigration matters.
Daryl Staley-Jackson
Daryl Staley-Jackson
Google Review
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The advice, help and support provided by Carlos and his team has been second to none and I would especially like to thank both Toni and Vrinda for all their help.
Vinod Vidya Sagar
Vinod Vidya Sagar
Google Review
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They were so accommodative for all my silly questions and guided me at every step. I will recommend everyone to go with them if any legal requirement in Australia
hasan shuja
hasan shuja
Google Review
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I have a great experience with Sellanes Clark & Associates they have one of the best team they know their job.They are very sincere , serious ,committed, Responsive and extra care about their clients.
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