For the last two years, migrant movement into Australia has changed dramatically in light of COVID.  The Department of Home Affairs, Australia’s government agency in charge of migration, has executed constrain strategies that has altered the migration program to now reflect the following:

THE PRESENT

  • Only essential workers/high skilled workers and returning nationals can travel through borders.
  • Onerous quarantining for incoming passengers which is expensive and stifling business travel.
  • Processing visa for offshore international students has come to a halt.
  • Implemented quick fix-it solutions like the COVID subclass 408 visa to assist stranded migrants living in Australia.
  • Relaxing visa conditions for onshore students/working holiday makers so they can work in  COVID affected industries.
  • Stronger border closure has added an extra layer of requirements to enter and exit (i.e., travel exemptions), only adding to the anxiety of traveling in and out of the country.
  • Tourism is non-existent.
  • The General Skilled Migration program is partially operating and is unlikely to return to pre-COVID planning levels for many years.
  • World-event driven visa concessions are being given to groups of people that need refuge (e.g., Hong Kong and Afghan nationals).

Many neighboring countries continue to grapple with high COVID infections rates daily.  This, coupled with the uneven distribution of vaccines, means that countries, including Australia, will be reticent to open their borders too early in fear that their own public health systems will be overwhelmed. 

Australia has the advantage of being a borderless country and benefited from a hardened approach to border closure.  However, this will have to come to an end soon.  The full impact of this is still unknown, but what we do know is that it has had long lasting negative effects on families who have been separated, debilitated businesses and excluded migrants and Australians who are stranded overseas.

THE FUTURE

Australian migration has always been dynamic in nature but COVID has been an unprecedented event that has shifted the entire paradigm of migration policy making forever.  It is likely that public health will now underpin decisions on ‘who’ gets a visa and ‘who’ will be disqualified from entering the country.

In navigating this uncharted territory, M Legal’s lawyers believe that having the foresight to be able to spot trends will improve advice to clients and an ability plan for their futures. 

In future gazing, we have identified a number of themes that we see as shaping Australian migration over the next few years (and some may even remain in place for the long-term):

1.       Can’t travel spontaneously

It is an evident reality that travelling cannot be as straightforward as it once was. Specifically, individuals will now need to consider pre and post departure requirements that are involved with travel. This includes the necessity of being vaccinated, being tested prior to departure and upon arrival, and having to quarantine. 

We are expecting that some of these measures will continue to be in place for the long haul and will become accepted as the normal travel routine.

2.       Travel Bubbles

Travel bubbles are being created through bi-lateral arrangements formed by governments, such as Australia and New Zealand, facilitating easier travelling.  Over the coming months, Australia will be creating more of these bubbles with ‘low-risk’ countries that have high vaccination rates as a way of easing back into international travel.

3.      Vaccination Passports (Digital)

Vaccine passports (and/or certifications) are an option that many countries are considering to adopt, if not have already adopted.  Australia is one of these countries, with various states such as New South Wales and Victoria opting to implement this strategy. Vaccine passports will be the universal stamp of approval that aims to verify whether you can travel.  However, it may be a little while before the system can be trusted as governments figure out how to iron-out kinks like data privacy and security.

4.  Some restrictions remain

Governments will continue to encourage COVID etiquette such as the use of masks and social distancing, to minimise the risk of outbreaks in Australia.  We expect that the messaging around this etiquette will relax only when Australia hits its vaccination targets in due course. 

5. Reduced quotas

The pandemic has had significant impacts on migration with the Net Overseas Migration forecasting that there would be a substantial drop in migration levels to such an extent that it would be negative.  Accordingly, Australia will become even more selective, favouring individuals who will accelerate the process of the economic recovery by placing greater value on higher education levels and entrepreneurial abilities.

 6.       Stricter visa regimes

The pandemic has only intensified the difficulties in securing visas globally.  It has also cemented in many people’s view, which countries are likely to take care of its citizens during a global crisis and lead through a pandemic well.  In an effort to monitor migrant numbers, the regulatory visa framework is only likely to tighten further, making it more challenging for migrants to find a visa pathway over the coming years.

7.       Longer processing timeframes

Visa processing timeframes for applications will be lengthier.  For this reason, it will be paramount to understand how to expedite applications and be across the right short term and long term strategies to set the right expectations and work towards your migration goals.

CALL US

M Legal takes into account the big picture so if you found this article useful, give us a call to book your consultation.

Co-written by Sofia Maniam and Priscilla Shibu

COVID-19 has had devastating impacts on a global scale. Many individuals have faced, and are continuing to face challenges—whether it be loneliness, financial stress, or health problems—triggered by COVID-19. Amongst such uncertain times and in moments of helplessness and vulnerability, M Legal offers an empathetic and unique environment of lawyers who provide certainty and help.

Tailored and individualised approach

M Legal delivers services that are tailored to meet each client’s individualised needs. Every individual undergoes such different experiences and therefore, need lawyers who are experts. The last 12 months is proof that our advisors have weathered the storm, to be able to navigate clients through the complexities in law in the areas of immigration and property, that have arisen.  This is in part due to M Legal lawyers being involved in every step of the transactional process, so we can embed a deeper knowledge of our area and understand client’s pain points, to make our services better.

Lower overheads and flexibility because of being a cloud-based business

M Legal is a cloud-based practice. This gives us the flexibility and technological capabilities to work with anyone, anywhere, and at any time.  The past year has proved that the structure that M Legal has always embraced, is the best way to run a firm. Whilst other law practices might be adjusting to new changes that COVID-19 has demanded, M Legal is experienced in a cloud-based approach. This change has not affected us and we offer this stability and experience to our clients.

It also means that M Legal has lower overhead costs. The costs associated with running a conventional law firm office, is not factored into the costs that our clients are charged. We believe this is important given the financial pressures this pandemic has placed on many individuals. M Legal continues to provide quality services that are competitively priced.  

High level of experience and expertise

At M Legal, we only hire lawyers who have worked in the industry for more than five years. This means that our lawyers are specialised in such a way that their technical knowledge is perfected, ensuring that our clients receive expert advice that can only come through years of experience. Working with a lawyer from M Legal means that you will always talk to a lawyer who is experienced as opposed to a junior staff member.

Personal care, attention, and availability

Lawyers at M Legal make themselves readily available with a flexible time range. Since M Legal is a boutique law firm, any concerns from our clients can be addressed in a timely manner. Moreover, because we run our firm with a focus on personal care, clients are able to contact us at times that work better with their schedules, especially as we know most of us are at work from 9am-5pm. We know that these are trying times and so we willingly collaborate with our clients to answer every question that they might have.  We do not see it as case management. Rather, we value each individual and guide our clients so that the best possible outcomes can be achieved.

Let’s talk

In a world that continues to hold so many uncertainties, M Legal continues to be primed for uncertainty in the area of immigration and property law. We look forward to hearing from you and working with you soon.

Co-authored by Sofia Maniam and Priscilla Shibu

If you are planning to buy real estate in Canberra or purchase crown lease land in the ACT, here’s what you need to know about the process.

Buying property in Canberra and across the ACT is different from other states. Though the Australian Capital Territory (ACT) may be one the smallest mainland states and territories by population, buying property in Canberra or anywhere across the ACT is a whole different ballpark.

Unlike other states and territories, all residential land in the ACT is owned and leased by the Commonwealth under the management of the ACT government, whereby a long-term lease of 99 years is typically granted. Also known as ‘Crown Lease’, when you buy and sell property in the ACT, you buy and sell the remaining term of the 99-year crown leasehold.

A small administrative fee is required to renew leases for another 99 years.

The process of purchasing crown lease land in the ACT

Aside from the 99-year lease technicality, properties are built and owned in the ACT just like anywhere else in Australia.

If you’re planning the purchase crown lease land in the ACT, you should seek a copy of the lease and development conditions from the Territory or land developer. You can also use the ACT Government’s Lease and development conditions register search – Environment, Planning and Sustainable Development Directorate – Planning (act.gov.au) for more information on the conditions.

While individual blocks of land may be advertised for sale or ballot earlier, the issuing of leases are dependent on the completion of all the necessary surrounding roads and services. To be the registered proprietor of the lease, borrow money from a financial institution or to start building on the land, you will need to wait until the lease is available and legally granted or transferred to you.

To learn more about the grants, conditions and responsibilities of purchasing crown lease land in the ACT, click here.

Purchasing a vacant block from someone other than ACT’s Suburban Land Agency

In most cases, crown leases in the ACT are issued with provisions requiring the leaseholder to begin and complete development on the land in a stated time. While many buyers may purchase a vacant block from the Suburban Land Agency, there are cases where buyers may have to obtain consent for a second or subsequent transfer of the lease – for example, house and land packages. 


If the required crown lease provisions have not been met (for example, if a dwelling has not yet been constructed and the builder is selling it to you as vacant block) and the lease needs to be transferred, buyers will have to apply to the ACT’s Environment and Planning Directorate (EPD) for consent. Buyers are required to provide supporting documentation with the application evidencing that they have financial capacity to purchase the land and construct a dwelling on it. Forms and documentation required for the transfer request can be found here.

Buying or selling a property in Canberra? Talk to a property conveyancing specialist.

Whether you’re looking to buy your first home or thinking of selling an existing property, it can be exciting and stressful at the same time. From preparing the Contract for Sale, through to exchange and settlement, M Legal’s property solicitor can comprehensively review and advice you throughout the entire process, ensuring that you’re well looked after. 

Where expertise meets transparency, we offer cost-effective fixed fees across our property law and conveyancing services for your complete peace of mind. Personalised to your unique situation, our technical and practical experience provides you with the confidence you need towards a positive outcome. 


To find out more about our property legal advice and conveyancing services, please contact us today by calling 0490 697 090.

Navigating the current COVID-19 restrictions and travel exemptions to enter Australia

As Australia tentatively steps towards resuming a new normal, there’s no question that there’s still a lot of trepidation around the strict border measures currently in place.

As such, international travel to and from Australia without exemptions has been limited. Updates on the current travel restrictions will be subject to the Commissioner’s Guidelines and Operation Directives.

As your migration lawyers, we’ve collated the latest information on travel exemptions for your understanding.

What is a travel exemption?

With nationwide travel restrictions in place, a ‘travel exemption’ grants individuals and families the permission to exit or re-enter Australia. You cannot enter Australia unless you are in an exempt category or have been granted an individual exemption to the current travel restrictions.

Automatic travel exemption categories

According to the Australian Government Department of Home Affairs, an individual travel exemption is not needed for entering Australia if you are:

  • An Australian citizen
  • A permanent resident of Australia
  • An immediate family member of an Australian citizen or permanent resident*
  • A New Zealand citizen usually resident in Australia and their immediate family members
  • A person who has been in New Zealand for 14 days or more immediately prior to arrival by air in Australia
  • a diplomat accredited to Australia, including their immediate family members (each member of the family unit must hold a valid subclass 995 visa)
  • A person transiting Australia for 72 hours or less
  • Airline crew, maritime crew including marine pilots
  • A person recruited under the Government approved Seasonal Worker Program or Pacific Labour Scheme
  • A person who holds a Business Innovation and Investment (subclass 188) visa

Please refer to the Inwards Travel Restrictions Operation Directive for further details on the travel exemption categories.

*If you hold a temporary visa or do not yet hold a valid visa for Australia, you will be required to provide proof of your relationship to the Department prior to travelling. Please find further information here.

Applying for an individual exemption, and for compassionate and compelling reasons

If you do not fall in the exemption categories above, you may be able to apply for an individual exemption online. To complete your request, you should hold a visa, or have applied for a visa, and be able to provide all the necessary information and documents to support your exemption application.

The individual exemption request also applies if you are wanting to travel for compassionate and compelling reasons, such as the death or critical illness of a close family member.

You will need to apply for the travel exemption at least two weeks, but not more than two months, before your planned travel date. The success of your travel exemption application will be determined by the Commissioner of the Australian Border Force.

You must hold a visa and have an exemption to Australia’s travel restrictions prior to travel. You can apply for your individual travel exemption here.   

What are the types of situations that may be successful in being exempted for travel?

Subject to the approval of the Commissioner of the Australian Border Force, the Australian Government Department of Home Affairs has outlined their individual exemptions criteria for inbound travel.

You may be entitled to an individual exemption for travel into Australia if you are:

  • A non-citizen travelling at the invitation of the Australian Government or a state or territory government authority for the purpose of assisting in the COVID-19 response
  • A non-citizen whose entry into Australia would be in the national interest, supported by the Australian Government or a state or territory government authority
  • Providing critical or specialist medical services, including air ambulance, medical evacuations and delivering critical medical supplies
  • Providing critical skills or working in a critical sector in Australia – see critical skills and sectors
  • Sponsored by your employer to work in Australia in a Priority Migration Skilled Occupation List (PMSOL) approved occupation
  • Military personnel, including those who are part of the Status of Forces Agreement, Commonwealth Armed Forces, Asia Pacific Forces and Status of Armed Forces Agreement
  • A person who resides on a vessel that seeks safe port for reprovisioning or safety reasons for a limited duration, supported by the local State or Territory government where relevant
  • A student completing year 11 and 12, with endorsement from the federal Department of Education, Skills and Employment (DESE) and; support from the relevant Australian State or Territory government health authority and education department – refer to the Department of Education, Skills and Employment website for further information
  • A student completing your final two years of study of a medical, dental, nursing or allied health profession university degree, with evidence of a confirmed placement in an Australian hospital or medical practice which begins within the next two months.
  • Travelling for compassionate and compelling reasons

Why you should engage a migration/immigration lawyer to assist with your travel exemption application

With the ever-changing conditions, the M Legal team is diligently staying abreast of the latest advice from the Department of Home Affairs and Australian Department of Health. Keeping you informed, and always working in your best interests, we can assist you through your travel exemption application process.

Whether you’re wanting to make future travel arrangements or applying for an Australian visa, we strongly encourage you to consult with us prior to getting started. Tailored to your individual situation, we’ll provide you with the transparency and accountability you need during these times of uncertainty.

As your immigration experts, we’ll address all your concerns and questions for peace of mind, guiding you the whole way through. For more information on travel exemptions or applying for your Australian visa, please contact us by calling 0490 697 090 today.

For those living in NSW, you can now have certain legal documents witnessed through virtual means i.e. through video conference. This is a result of a temporary regulation introduced by the NSW Government called the Electronic Transactions Act 2000 (NSW) (“the regulation”) and its aim is to cater to the physical distancing requirements in the current COVID-19 environment and reduce face-to-face contact.

Some of the legal documents included under this new regulation include Wills, Enduring Power of Attorneys, Affidavits and Statutory Declarations. These documents still need to be signed by each party with wet ink signatures (i.e. each party still needs to physically sign with pen on paper), however, the witnessing of the signature of the person signing the document can be done via video. Once the witness has seen the other person signing the document via video, the witness then needs to sign a scanned copy of the document or counterpart of the document. A statement also needs to be made on the document outlining that the document was witnessed in accordance with the new regulation.

In the ACT, the COVID-19 Emergency Response Legislation Amendment Bill 2020 (ACT) was passed on 7 May 2020, allowing the same to happen in the ACT.

If you are unsure whether you are able to use electronic witnessing for your particular document or would like assistance with it, please do not hesitate to contact our lawyers at M Legal.