Laneway Legal

16/03/2024

We see you as a person not a legal problem. Specialising in Criminal Law, Traffic Law and Workplace Matters.

29/03/2020

Our lawyer Emma N Aldersea featuring on ABC Radio National Earshot program about the unique migration status of Kiwis living in Australia, and the many (hidden) barriers facing our Kiwi community who have made Australia their home. This is something Emma would like more Australians to be aware of.

We make it easy for New Zealanders to work in Australia but not so easy for them to survive in times of personal crisis. Four Kiwis tell their stories of falling between the cracks.

20/03/2020

🚧 FIFO workers affected by the travel bans into Australia...

Here is some info to share with your Kiwi mates, co-workers and family. For the New Zealand Citizens living and working between Australia and New Zealand, unsure if they can enter Australia.

‼️ FIFO workers have contacted me from NZ today to see if they can enter Australia after borders close tonight, to return to work.

‼️ Most of you don’t hold permanent visas or specific working visas. You arrive at the gate and granted a new Special Category Visa (TY444) each time you enter. This is a special visa only for NZC allowing you to remain indefinitely in Australia and work. You probably know this! If you are sitting in NZ now you don’t have a visa.

‼️ There is nothing official from the Department of Home Affairs (immigration) to deal with your situation. The official policy is to only allow entry to:

🇦🇺Australian Citizens
🇦🇺Permanent Visa holders (permanent residents)
🇦🇺New Zealand Citizens usually resident in Aus
🇦🇺Immediate family members of Australian Citizen’s and permanent residents (spouse, legal guardians and dependents)

What we understand from the information we are being given in the migration sector is that adjustments to travel restrictions for temporary visa holders who have already established presence in Australia may be considered. This is likely to be on a case by case basis.

The reality, we don’t have any anything official so there is no certainty at this time. For those wanting to get back in...

What you can do:

💥 Liaise with Employer/HR Deparment as you may need a supporting evidence for employer.

💥 Consider all your ties in Australia such property, investments, family, insurances and think about documents you have to support this if evidence is required.

💥 If you hold anAustralian drivers licence, HV or other licences for work and they are not with you, think about if you can access these in case you need evidence to show ties to Australia.

💥 I will keep following the government alerts and information, and keep this updated.

💥 Get in contact with me, we can have a chat about your individual circumstances and what you can do. Some of you may fall in to the category of “usually resident in Australia”.

Either direct message me or select the free appointment time where it says “book now”. I will adjust the weekend appointment times to allow for the time difference in NZ.

Finally, these are just suggestions that may help you get prepared while you are waiting for further information. The reality, there is little info out there for all of us.

I expect we will know more over the coming days from further announcements, and FIFO workers attempting to enter Australia to return to work.

(Migration Agent Registration Number: 1804931)

19/03/2020

Info for NZ Citizens (families, workers and business owners) in Australia during times of COVID-19...

***On 30 March the government made an announcement about wage subsidy for 444 vis holders (Kiwis). As soon as I have the official eligibility, I will update.

What we know:

🇳🇿 NZ Citizens contribute billions of $$$ in tax in Australia and the only country granted temporary visas to live indefinitely in Australia.

🇳🇿 Many families, businesses and workers will be affected by the regulations that have been put in place by the government to respond to COVID-19.

🇳🇿 Most NZ Citizens have never needed to fall back on government assistance and not aware of entitlements.

Here’s some info and links that may assist:

💥 In response to COVID-19, the government is providing a one-off payment of $750 to people receiving social security, Family Tax Benefit (FTB) and holders of some health care cards. Check out this link to see if you are eligible...

https://www.dss.gov.au/about-the-department/covid-19-information-and-support

💥 NZ Citizens who moved to Australia after 26 February 2001 and don’t hold a permanent visa, cannot access most ongoing Centrelink payments like Newstart Allowance for those who find themselves unemployed.

There’s an exception for those who have lived in Australia for over 10 years. You may be eligible for a one off payment of up to 26 continuous weeks. Here is a link with more info for specific for New Zealanders living in Australia...

https://www.servicesaustralia.gov.au/individuals/topics/new-zealand-citizens-claiming-payments-australia/30721

https://guides.dss.gov.au/guide-social-security-law/9/1/2/40 (refer under subheading JSP, YA and SA - the guide used by Centrelink)


💥For those with business in Australia, the ATO is offering assistance to affected business by deferring payment sue through BAS, remitting interest and penalties applied to tax liabilities on or after 23 January 2020 and other support. Here is a link to the ATO assistance...

https://www.ato.gov.au/Media-centre/Media-releases/Support-measures-to-assist-those-affected-by-COVID-19/

💥For those in isolation, may be those who have returned from New Zealand and forced to isolate for 14 days, you may be eligible for a payment even if you don’t ordinarily get a payment from Centrelink. The Australian residency rules apply which means you must be a permanent resident (protected SCV holder). Here is a link with to the government page...

https://www.servicesaustralia.gov.au/individuals/subjects/affected-coronavirus-covid-19/people-who-dont-get-payment-from-us-coronavirus-covid-19

💥Finally, many of you have called Australia home for many years and experienced being blocked from disaster relief and other crisis support because you are not permanent residents. Look at your options, look at the link and see if you have a pathway to permanent residency and citizenship...

https://immi.homeaffairs.gov.au/entering-and-leaving-australia/new-zealand-citizens/pathway-to-permanent-resident-and-citizenship


Laneway Legal

08/12/2019

Celebrating the 1st birthday of our law firm!

Starting a law firm together was an easy decision. We share the same values and vision to provide individualised and holistic legal services.

What does this mean?

We might be lawyers, but we don’t want to focus on legal problems. We want to focus on individual clients, understanding what matters most to each client, and finding the legal solution to help navigate each person out of the legal system.

We also want to support the communities we work with to understand the laws and ideally, provide the information and tools needed to protect people from ever entering the justice system.

We love what we do and we couldn’t have started our firm without the enormous support of our families, friends, colleagues, clients and the community.

Thank you - Emma and Brad

Brad Fitzgerald Emma Aldersea