Migration to Australia, particularly under the Investment, Significant Investor, and Business Visa categories, is a complicated process that necessitates the counsel and services of an Immigration Lawyer.

Kotze Law is a boutique Australian-based legal practice comprised of committed Barristers, Solicitors (Lawyers), and Registered Migration Agents who assist international clients. Our Practitioners are registered with the office of the Migration Agents Registration Authority (MARA) and the High Court of Australia, and we provide high-quality representation and advice in a vast array of general migration and Immigration Law matters.

Our breadth of collective experience and expertise in Australian Immigration Law paves the way to a new home for migrants. We offer a comprehensive end-to-end service for guiding and supporting clients with their visa applications.

We will, as part of our service:

– Assist you in meeting the specifications of the Australian Department of Home Affairs.
– Draft documents or assist in the drafting process.
– Submit visa applications using the appropriate legal format or method.
– Collect evidence and provide it to the Australian authorities.
– Communicate with the Department of Home Affairs, courts, and other pertinent authorities.
– Assist with Applications for Citizenship.
– Draft, review, testify, and submit legal arguments, statutory declarations, and other legal documents to the authorities and courts.
– Represent matters before the Administrative Appeals Tribunal, including hearings and other proceedings.

We provide a team of expert Immigration Lawyers and Migration Agents to provide the best end-to-end service to Individual and Corporate Clients. We take the time to identify the optimal paths for every client.

We are subject to laws governing professional ethics as well as a strict code of conduct. We are highly qualified and experienced in Australian Immigration Law matters, can assist with the right visa application based on your personal circumstances, and provide a comprehensive range of immigration services. We are dedicated to providing expert guidance and achieving the best possible outcome in every case.

The Business Innovation stream is for our clients who wish to own and operate a new or existing Australian business.

Among the obligations and prerequisites are:

– Be younger than 55 years old (With the exception of an age-waiver grant). Please note that there is no age limit for the Significant Investor Visa.
– Minimum score of 65 on the points test (we assist with points tests where applicable).
– You and your partner must have a combined net worth of at least AUD 1.25 million in lawfully acquired business and personal assets that are available for legal transfer to Australia within two years of your visa being granted.
– For two of the past four fiscal years, have had an ownership interest in an established business or businesses with a minimum annual revenue of AUD 750,000.
– Own a minimum of one of the following percentage interests in your nominated principal business(es):

51% if the business has an annual turnover of less than AUD $400,000;
30% if the business has an annual turnover of AUD $400,000 or more;
10% if the business is a publicly traded company.

– If your nominated principal business provides professional, technical, or trade services, you must have spent no more than fifty percent of your time providing these services, as opposed to general business management.

In addition to the basic Commonwealth requirements outlined above, each Australian state or territory has its own distinct set of prerequisites and requirements (we will assist).

If you are not eligible for the Business Innovation stream, we may be able to assist you with Investor Visas or Skilled Migration; please contact us for more information.

To apply for this visa, you must be nominated by the government of a state or territory.

Criteria for State Nomination include:

– Make (at or after the time of application for this visa) a complying significant investment of at least AUD $5 million when invited, and have the intent to hold that investment for at least four years. It must be invested in the proportions listed below:

• At least $500,000 in venture capital and private equity growth funds that invest in startups and small private companies.
• Minimum of $1,500,000 in approved managed funds. The managed funds must invest in emerging Australian Stock Exchange-listed companies.
• A “balancing investment” in managed funds of at least 3 million Australian dollars.

– The managed funds may invest in a variety of assets, such as Australian stock exchange-listed companies, Australian corporate bonds or notes, annuities, and commercial real estate.

– Investments may not be used as security or collateral for a loan.

Moving to a new country is a significant life change for anyone. Applying for a visa can be stressful and time-consuming, and moving to Australia can be a particularly difficult process. Right now, there are many different ways to find your way to a better future. The process can be started and completed by you on your own, or you can hire a migration lawyer or agent.

What are the benefits of getting help from an immigration lawyer or agent during this process? A registered migration agent or a migration lawyer should be the starting point. The majority of agents with a domicile outside of Australia are not listed with the Australian Migration Agents Registration Authority (MARA).

In Australia, immigration consultants are required to register with MARA. A 12-month certificate or diploma in Australian Migration Law is typically earned by migration agents from a tertiary institution. After that, they can register with MARA and start working as a migration agent. A registered agent can help you submit visa applications, give advice on visa requirements, and communicate with the Department of Home Affairs on your behalf.

The owners of Kotze-Law are both attorneys and registered migration agents.

Some attorneys who focus on immigration work in the same capacities as immigration agents. Prior to March 2021, a lawyer had to register with MARA in order to practice immigration law and become a migration agent. As of March 2021, dual registration is no longer required for Migration Lawyers to offer immigration advice and assistance. Immigration lawyers, as opposed to immigration agents who lack legal training, can appeal cases in courts like the Federal Court or High Court.

We are members of the Migration Agents Registration Authority (MARA), the Legal Practice Admissions Board, and the Australian Law Society.

We are able to assist with visa applications, merits review before the Australian Administrative Appeals Tribunal, and appeals to the Federal Circuit Court of Australia, the Federal Court of Australia, and the High Court of Australia.