Level 11, 65 York Street, Sydney NSW 2000.
Resolving South African Legal Issues
Our South African Experience
With over twenty years of experience in the South African legal system, the Pathway team is well equipped to suitably deal with and resolve all of your legal issues in view of your impending immigration to Australia from South Africa. As migration agents and lawyers, Pathway is conveniently able to take care of all of your relocation concerns, including your emigration related South African legal issues - not just your visa application.
Pathway Lawyers
Your South African Legal Issues
Parental Consent
Outstanding Debts
Closing a Business
Parental Consent
In order to immigrate with a child born of a previous relationship it is requires that the former partner consents to the child leaving its home country.
DOHA Requirements
Consent can be provided either in a statutory declaration from the child's parent/s, or by completion of the Department of Home Affairs’ (DOHA) Form 1229. If you cannot obtain parental consent, the DOHA will accept a court order made for the child's relocation.
Obtaining a Court Order
In South Africa, you will need to approach the High Court to obtain a court order, and you'll need to prove that the child's migration to Australia is in the child's best interests. You'll need to point to elements of Australian culture and lifestyle that will benefit the child, and prove that these benefits outweigh any benefit to the child in remaining in their home country. Generally, given the sometimes difficult conditions attached to raising a child in South Africa, and the many benefits to a child growing up in Australia, the South African courts are sympathetic to these applications provided they are thoroughly motivated.
Parental consent applications can be very complex and expensive so it is vitally important that you retain a lawyer who is successfully experienced in such applications. As lawyers and migration agents, Pathway's team can help you manage the stresses of both the migration process and any associated legal matters. Our lawyers are experienced in successfully bringing High Court applications for the parental consent court order, and with legal and migration experience in both South Africa and Australia, we are uniquely placed to accurately motivate the application in the best interests of your child.
To receive the above assistance or any other legal service please contact us on admin@pathwaylawyers.com.au
Outstanding Debts
Settling Your South African Debts
We are often asked whether South African debts and financial obligations can follow you to Australia, and whether those obligations should be honoured in view of your imminent departure. This is not an easy question to answer, and each case must be considered on its own subjective circumstances. Of particular importance when considering this question is the size of the debt, and whether or not you will be leaving any assets behind in South Africa.
Recovering Your South African Debts
We are also often asked by prospective business immigrants whether there is any value in pursuing your debtors before leaving South Africa. This issue is exacerbated by the lengthy and frustrating South African legal process. While it is advisable to begin taking care of all of your financial concerns as soon as possible, because Pathway's team is positioned and experienced in both South Africa and Australia, we can assist you in pursuing your debtors even after you have left.
Resolving Your South African Debt Issues
Our lawyers are immensely experienced in South African debt recovery and litigation, and are able to give you unrivaled advice on your financial obligations, particularly while you are resident in Australia. We can comprehensively counsel you on range of financial commitment issues and related legal concerns, from initiating or defending litigation actions to terminating agreements, so that your South African liabilities and debtors do not become an unnecessary headache in Australia.
To receive the above assistance or any other legal service please contact us on admin@pathwaylawyers.com.au
Closing a Business
Deciding on Business Closure
Determining whether it's necessary for a prospective South African migrant to close their South African business prior to leaving for Australia is not a simple decision. There are many practical and legal factors to be taken into consideration in coming to this very difficult decision. It's important that we look at your specific circumstances in deciding the best course of action for you and your future, particularly in relation to the relevant tax obligations, your financial desires, and legislative issues.
Business Closure Options
Should the decision be made to close your business, there are several options you could take.
Firstly and most preferably would be a sell-off of your business interest to either your business partners or another party. This would require a valuation of your interest, and a comprehensive sale agreement dealing with the various issues related to that sale, including purchase price and payment structure.
Secondly, where you are unable to find a suitable buyer, you may wish to consider liquidating your business. This legal process can be quite complex and time consuming, and can be particularly frustrating if you want to leave South Africa before the liquidation is finalised.
Assisting in Your Business Closure
It is essential to ensure all the legal requirements associated with closing down your business are handled expertly, to avoid potential problems arising after you have moved. From sorting out practical issues such as tax obligations and finalising employee entitlements, to properly dealing with legal concerns including purchase agreements and liquidation applications, Pathway's South African qualified lawyers are uniquely able to assist you.
To receive the above assistance or any other legal service please contact us on admin@pathwaylawyers.com.au