金震汉

金震汉

合伙人

金震汉毕业于奥克兰大学,于2005年获得律师资格。 他在澳洲和新西兰的移民法领域执业逾十年。在加入H & H Lawyers之前,他曾在一家国际知名移民法律所费戈曼工作,为多国企业,政府机关,以及个人提供移民法律建议。 他提供的移民法律服务涵盖诸多行业和领域,例如通信和信息技术,工程,能源,娱乐,金融服务,零售以及专业服务。 他能说流利的英语和韩语。

Expertise

资质

  • 律师资格 (新南威尔士州最高法院)
  • 律师资格 (新西兰最高法院)
  • 移民代理 (MARN 0849269)

Insights

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新闻发布

Sponsored Parent (Temporary) visa (Subclass 870) - SBS

I assume that for many of you living in Australia, the thought of reuniting with family members back at home is more than fleeting. A new pathway has recently been introduced to allow Australian citizens and permanent residents to reunite with their parents living overseas. The Sponsored Parent (Temporary) visa, which does not lead to permanent residency, will allow eligible parents to visit their children for up to 10 years. Applications for sponsorship have since commenced from April while visa applications will begin 1st of July. To answer our queries about the Sponsored Parent Visa 870 and its eligibility requirements, we are joined here today with John Kim, Partner and Immigration specialist at H & H Lawyers in Sydney. [Advice content] Would you begin by telling us the main features of the Sponsored Parent Visa which opened applications from the 1st of July? What are the eligibility requirements for the sponsored parent and sponsoring child? Is it possible to apply for a Sponsored Parent Visa if your parent has an existing application, or has previously applied, for a parent visa? Unsurprisingly, the waiting process for Parent Visa applications continues to be controversial. How much does it generally cost to obtain a Contributory Parent (Permanent) Visa or a Non-Contributory Parent (Permanent) Visa? How long is the waiting process that it has caused such controversy? What are the key pieces of information one should keep in mind before inviting their parents?  We were joined here today with Partner John Kim who has helped us navigate the new Sponsored Parent (Temporary) Visa 870. Unlike in the past, where parents could only visit their children who had been citizens and permanent residents of Australia for more than half their lives, the new Sponsored Parent Visa provides an alternative pathway for younger immigrants to reunite with their parents back home. Nevertheless, there are stringent conditions attached to the new visa, such as application fees exceeding $10, 000, non-access to Medicare and income tests. It is vital that prospective applicants seek professional advice and undertake diligent preliminary investigation prior to applying. To know more about living in Australia, visit our Facebook page and leave us a comment with your questions. Talk Talk S Pod is always here to provide you with the latest information. https://www.sbs.com.au/language/korean/audio/talk-talk-s-pod-the-parent-visa-in-australia

03 Dec 2019


新闻发布

Working Holiday visa (subclass 417) - SBS

Today, we will be talking about the working holiday visa - or what many would call the third privilege of youth. We are here again with Partner John Kim from H & H Lawyers Sydney to discuss your queries in relation to this visa. Visa Advice Content: Since 1st July this year, the working holiday visa period has extended from a total period of 2 years to 3 years. This means that young people from Korea can now learn English, earn money and experience foreign living for a whole added year. What has changed with the working holiday visa? I assume this would be good news for those people who will no longer need to end their working holiday experience in Australia within what is often a short 2 years. In terms of eligibility, what are the age requirements or other conditions that would need to be satisfied in order to apply? Since announcing the last amendment, certain countries have lifted the age requirement for their working holiday visas from 30 to 35 years. What are the chances of the age requirement lifting for Korea? Would you be able to provide us with a comprehensive overview of the changes made in relation to the working holiday visa? We know that working holiday visa holders have been paying taxes. But as we mentioned last week on our broadcast, the Federal Court has held that requiring the payment of taxes from working holiday visa holders is indeed illegal. Ever since the decision, visa holders have been eager to find out whether the taxes they have been paying would be returned. Producer Sungil Park will be providing us with the details. [Federal Court Rules Taxing Working Holiday Visa Holders Illegal https://www.sbs.com.au/language/korean/yeonbang-beobweon-hoju-weokingholridei-segeumeun-bulbeob-pangyeol-gugseceong] Since the news was announced last week, there has been significant interest being shown from those on working holiday. We will need to watch closely what will happen with this decision. [Visa advice continued] Partner John Kim will now continue with answering our questions in relation to the working holiday visa. Is there anything a young working holiday visa holder in Australia should be particularly aware of? Thank you John for the practical advice. These days, many of those on working holiday have been youtubing their daily lives in Australia and engaging in a lot of social media, including Instagram and Facebook. I do think this is a good way of creating these memories while working hard often in rural areas. For someone who has just been granted a working holiday visa, what are some things they can prepare for before leaving for Australia? Today we were joined by Partner John Kim who has helped us navigate the various requirements in relation to applying for a working holiday visa. On 20 November 2020 at 6pm, the Australian embassy will be holding a seminar for working holiday visa holders residing in Bunbury, Western Australia. The seminar which will be held at Bunbury Regional Entertainment Centre will share vital information on safety in Australia, legal pointers, pensions and useful tips for settling into Australia after you have arrived. For those interested, this is a good opportunity to gain valuable insights on how best to adjust to life on working holiday in Australia. To know more about living in Australia, visit our Facebook page and leave us a comment with your questions. Talk Talk S Pod is always here to provide you with the latest information. https://www.sbs.com.au/language/korean/audio/talk-talk-s-pod-working-holiday-visa-in-australia

12 Nov 2019


新闻发布

Partner Visa - SBS

We are here today with John Kim, Partner Lawyer at H & H Lawyers, to unravel some questions regarding the Partner Visa. To start off, what are the eligibility requirements for a sponsor when lodging a partner visa application? Partner John Kim: Firstly, to sponsor anyone who is applying for a partner visa, you must either be an Australian permanent resident or citizen. Generally, a sponsor will have two opportunities to be a sponsor in his or her lifetime. If according to the visa application timeline, you have sponsored a partner visa or have been a recipient of a partner visa within the past 5 years, you will not be eligible as a sponsor. Indeed, there are exceptions to these rules, though they are very rare and generally do not arise in the usual circumstance. [Advice content] To apply for a partner visa, there seems to be a lot of requirements that need to be satisfied to prove your relationship with your partner. What kind of evidence is needed? It seems obvious to say that if one partner is currently married to another person, that a visa application could not procced. That being said - Is it true that a partner who has legally separated, though not divorced, can still apply for a partner visa for migrating purposes? This partner visa, which allows one to live with the person they love in Australia, remains one of the most expensive visas in the world. Just in the past 5 years, the cost for applying has increased more than four-fold. It goes without saying that such cost remains a consideration which simply can’t be ignored. How expensive is it that the cost of applying has become such a major factor in the decision process? It’s widely known that the time needed to process this application is quite long. About how long does it take? Permanent migration in Australia has been capped at 160, 000. Is there a quota for partner visa applications? [To access Partner Kim’s advice, click on the advice picture] Producer Hong Tae Kyung: While it’s true that many have exploited the partner visa, it’s sad to see that even relationships which are truly needing the visa to live happily together a family may lose the right to do so. It therefore seems all the more important to prepare diligently when applying to best prevent an unideal outcome. What are the some of the more crucial and note-worthy points potential applicants will need to keep in mind when applying? Partner John Kim: There are many applicants who, despite being married or a de-facto couple, have been left shocked with the significant amount of information which needs to be provided when requested by the immigration department. As the basic level, it is important to be able to show or provide information to the immigration department that you are not merely in a relationship with your partner. Rather, you need to be able to prove that there is genuine intention to spend your future together with them. The immigration case officer will critically assess your case, often with the view that you are merely in a relationship, or perhaps even a disguised marriage. To give your application the best shot at approval, it will be helpful to have documents and evidence at hand which will be capable of altering the officer’s perspective and alleviating their suspicions. Today we were joined by Partner John Kim who has helped us navigate the various eligibility requirements pertaining to a partner visa application. To know more about living in Australia, visit our Facebook page and leave us a comment with your questions. Talk Talk S Pod is always here to provide you with the latest information. https://www.sbs.com.au/language/korean/audio/talk-talk-s-pod-the-partner-visa-in-australia

02 Nov 2019


事务所动向

Bringing the worlds of business together – H & H Lawyers

Thursday, 13 June 2019 – Rise of the boutique law firm Doing business with international partners – whether it be an entity operating on Australian soil or a local brand venturing offshore – can be fraught with difficulty. Between establishing a fresh customer base, navigating new laws, regulations and corporate governance, creating effective relationships and becoming nuanced with cultural mores (perhaps the trickiest of all), the business of doing business has the potential to bring an enterprise undone. For instance, exchanging a business card using one hand rather than two can be seen as a sign of disrespect in some cultures. Who would necessarily know? With Australians increasingly undertaking business across the world and with Asian powerhouses such as Japan, Korea and China, navigating the behind-the-scenes landscape, as well as providing direct services and advice, has become all important. Business owners and operators need to focus on what they do best, so employing people who specialise in troubleshooting make-or-break sensitive legal, technical and cultural matters is a vital and strategic move. Sydney’s H & H Lawyers offers this official and unofficial role in its capacity as a firm on the path to being Australia’s biggest ‘‘Asian’’ law firm. H & H Lawyers’ services include commercial and corporate advisory, acquisitions, dispute resolution, employment law, corporate migration and intellectual property. “Our bilingual lawyers have been inundated with work representing multinational corporations and government agencies from Japan, Korea and China that want to expand their businesses into Australia,” says Principal Ken Hong. “We have also been very busy acting for local clients with Japanese, Korean or Chinese backgrounds, or that have transactions with their counterparts in those three countries. “Demand for our services has escalated, so we are rapidly expanding to meet the demand.’’ Fellow Principal Yukio Hayashi says a vital aspect of the firm’s work includes “bridging fundamental cultural differences”. “This cross-cultural dexterity is not necessarily part of our brief, but it’s what we offer as well, as it is so essential,’’ he says. “Our team not only speaks the languages, but also intimately understands the cultural nuances of Asia. This saves our clients so much time in getting straight to the actual issues and resolutions. Without the right knowledge of culture, a lot of key messages can be lost in translation, particularly legal concepts, leading to a frustrating experience for all. “We had one situation recently in which there was an investment in an Australian business by a Japanese company. There were excellent managers and staff in situ, but the incoming management from Japan had their way of doing things that did not rest well with the Australian team, and vice versa.” “This friction was no one’s fault, but we made it our job to navigate the cultural minefield. We were able to get each side to see things from the other’s perspective and that made all the difference.” Hong and Hayashi say that by going this extra mile, the law firm can resolve difficulties and help international-facing businesses to thrive. “The importance of Australia’s trade relationships with Korea, China and Japan need no further explanation,’’ says Hong. “They are our top three trading partners. We look forward to continuing with our work and contributing to Australia’s successful trade relationships with those three countries.” Says Hayashi: “Our firm is well placed and equipped to help clients have a more fruitful, efficient and enjoyable experience in doing business.’’

13 Jun 2019


事务所动向

2019 Federal Budget announcements – Immigration

On 2 April 2019, new immigration programs were introduced in conjunction with federal budget announcements. Please be aware of your conditions and visa status in order to prevent any negative impact on your circumstances in applying the amended immigration policy. 1. Increase in visa application charge On 1 July 2019, charges for any visa application will increase up to 5.4% (except for visitor visa (subclass 600), but second instalment remains same.). The government expects to have $275 million of additional tax revenues between 2018/19 financial year and 2021/22 financial year. 2. Plan for Immigration program The number of visa approval will decrease to 160,000 per year for the next four years (from 162,417 to less than 160,000). 3. Skilled Immigration Points 1) Change on Skilled immigration point requirement from November 2019: despite a partner of a visa applicant being ineligible for skilled partner point, additional points could be recognised if competent English skill (IELTS score each band 6.0) is found to exist. 2) Recognition of additional points for a non-partnered individual applicant for skilled immigration for the purpose of mitigating disadvantage 4. Announcement of new regional visas substituting for RSMS (subclass 187) and Skilled Regional (subclass 489) 1) On 1 November 2019, new Skilled Work Regional (Provisional) Visa and Skilled Employer Sponsored Regional (Provisional) Visa will be announced. 2) New visas will require visa applicants to comply with more strengthened regulations. 3) RSMS (subclass 187) and Skilled Regional (subclass 489) visa will cease. 5. Extension of temporary graduate visa (subclass 485) for regional graduates In 2021, temporary graduate visa could be extended for additional 12 months for applicants under post-study work stream. Eligible applicants would have total 3 years visa in total. 6. Destination Australia program A scholarship scheme will be available for students registering higher education or more advanced programs than vocational education qualifications in regional areas. 7. New regional visa information 1) Skilled Employer Sponsored (Provisional) Available form 1 November 2019 9,000 applicants per year Approximately 700 job categories Expedited evaluation procedures 5 years visa period Eligible to apply for permanent residence visa after 3 years work in regional areas 2) Skilled Work Regional (Provisional) Available from 1 November 2019 14,000 applicants per year More than 500 job categories Expedited evaluation procedures 5 years visa period Eligible to apply for permanent residence visa after 3 years work in regional areas 3) Permanent Residence (Skilled Regional) Visa Available from November 2022 Requirement for 3 years residence and work in regional areas Eligible only for Skilled Employer Sponsored (Provisional) visa or Skilled Work regional (Provisional) visa holders 4) Temporary Graduate Visa Available from 2021 Additional 12 months of second visa Ongoing residence requirement in regional areas for initial temporary graduate visa period Requirement for study at and graduation from regional campus Requirement for graduation from higher education or post graduate qualification

02 Apr 2019


新闻发布

Top tips on migrating to Australia - YTN (KOR)

Prime Minister Scott Morrison has announced that the annual number of permanent residence grants will be capped at 160,000, a reduction of 30,000 places from last year’s 190,000. However, some of the occupations that have been excluded from the federal government migration program for permanent residency may still be in demand in relatively less populous States such as South Australia and Queensland. As such, immigrants have recently started to consider Tasmania or the Northern Territories as an option, states of which were hardly their preferred destinations before. Moreover, it is important to note that the latest amendment to the program by the Department of Home Affairs significantly changed the way the occupations in the list are categorised. The list is now broadly divided into two streams: one stream that can lead to permanent residency and the other that cannot. It is unfortunate to see that most of the occupations for which the Korean community has been offering sponsorship now fall under the latter category. Another implication of this change is it became more difficult for international students who graduated from universities in major cities to lead to permanent residency. Dentists have also been excluded from the federal program list and are now looking to relocate to other States that have not done so. As for occupations that relate to labour work, the program focuses largely on professions that require a high level of skills and techniques such as welders and tilers. This trend well reflects the federal government’s ambition to prioritise those occupations in construction industries which have been directly contributing to the growth of Australian economy. While these skilled occupations do provide opportunities in major cities, immigrants are now increasingly more attracted to other state governments’ programs such as the Northern Territory’s program where positions require much less strict criteria such as eased English test score and salary caps. Similarly, South Australia’s Business Innovation and Investment program offers visas to those individuals and entities that have innovative ideas and/or start-up/venture businesses but have not secured funding yet. As the South Australian government is planning to have a 3-year provisional period, it will be a great opportunity for those who is willing to bring their own innovative ideas to Australia and demonstrate that their ideas will not only succeed in their businesses but also have the potential to spark the growth of local Australian communities.

21 Mar 2019