Help – I Omitted Important Information from my Visa Application! Will it be Refused?

The initial answer to this is: possibly. However, that’s actually not the biggest issue here. The Department views the provision of incorrect information (including the omission of relevant information) as a serious problem. Depending on the nature of the information, it might even consider the relevant applicant is intending to deceive the Department into granting a visa on false pretences. …

Immigration Clearance

What does it mean to be ‘Immigration Cleared’, and why is this important? The phrase ‘immigration cleared’ appears throughout the Migration Act 1958. It relates to the legal status of a person once they have arrived in Australia. As the act of entering Australia impacts how a person is treated under the law (i.e. once you enter on a visa, …

What does ‘dependent’ mean for visa purposes?

There is a wide range of visa types that permit the main applicant to include members of their family unit as part of their application. However, who may be included is dependent upon the type of visa applied for. While some are limited to a spouse and dependent children, others may provide avenues to sponsor parents and members of the …

Training Benchmarks

If you are a sponsoring business and have been operating in Australia for more than 12 months, you will need to demonstrate that you meet a benchmark of providing training opportunities for Australian citizens or permanent residents. The amount you are required to commit depends on your annual payroll. There are two types of training benchmarks, A and B. Training …

Permanent Employer Sponsored Visas

There are two permanent employer sponsored visas: The Employer Nomination Scheme (ENS) (186) visa, and The Regional Sponsored Migration Scheme (RSMS) (187) visa. The intention of these visas is to allow highly skilled workers permanent entry into Australia when an employer can not find a local to fill the position. You can be in or outside of Australia when applying …

Maritime Crew Visa (988)

The Maritime Crew Visa (988) is for crew members of non-military ships and their immediate family. This visa permits travel and entry to Australia by sea. You must apply for this visa while outside of Australia and will not be entitled to work other than on the normal operational requirements of the ship. The ship must be either: used for …

Superyacht Crew Visa (488)

The Superyacht Crew Visa (488) allows crew members to work on board a superyacht in Australia for a period of up to 12 months. While in Australia on this visa, you will be able to apply for a further 488 visa. In order to be eligible for this visa you must: Be employed as a superyacht crew member be sponsored …

Transit Visa (771)

The Transit Visa (771) is for people who need to transit through Australia on their way to another country for a period of no longer than 72 hours. It is also for people who need to transit through Australia in order to join a ship as the member of a crew. This is a temporary visa and must be applied …

Distinguished Talent Visas

Distinguished Talent Visas (subclass 124/858) are for people who have, at the international level, demonstrated exceptional talent or an outstanding record of achievement in their field. Migration to Australia must present a clear benefit to Australia. To quality for this visa you must demonstrate a record of exceptional and outstanding achievement, that is internationally recognised. You must still be prominent …

Visitor Visas

The basic Visitor (subclass 600) visa allows you to visa Australia for a period of up to three, six or 12 months. You are not allowed to work in Australia while on this visa. Depending on your passport, you may be eligible to apply for the eVisitor Visa (651) or the Electronic Travel Authority Visa (601). The Visitor Visa (600) consists …

Eligible NZ Citizens and the Special Category Visa (444)

Historically, New Zealand citizens did not require visas to travel to Australia. This changed on 1 September 1994, when NZ citizens were granted Special Category visa upon arrival and became what was called ‘Eligible New Zealand Citizens’. Practically, this meant that NZ Citizens could access social security benefits as well as other entitlements such as sponsoring relatives for permanent residency …

Former Australian Citizens and Permanent Residents

If you are a former Australian citizen, there are a number of options you can explore in order to return to Australia. These include: Applying for a Resident Return Visa Resuming your Australian citizenship, or Applying for a Former Resident Visa (151) Former Resident Visa (151) If you are a former Australian permanent resident, you may be able to apply …

Resident Return Visas

If you have been granted permanent residency, typically your visa will allow you to travel to and from Australia for a period of five years. After five years, if you do not choose to apply for Australia citizenship, you will need to apply for a ‘Resident Return visa’ in order to be allowed to travel to and from Australia after …

What is meant by ‘Public Interest’ Criteria?

An interesting feature of Australia’s migration legislation is its references to the ‘public interest’ in affording a discretion to the Minister to grant, refuse to grant, or cancel a person’s visa. But what is in the ‘public interest’, and how does it affect visa holders and applicants? Helpfully, this is a question that has been partially explained by a Senate …

Definition of ‘Refugee’

The Australian Government provides, in section 5H of the Migration Act 1958, its current definition of what is a ‘refugee’. Section 5H relevantly states: Meaning of refugee (1) For the purposes of the application of this Act and the regulations to a particular person in Australia, the person is a refugee if the person: (a) in a case where the …

Section 48 Bar

Section 48 of the Migration Act 1958 is a complicated and vexed legislative provision for applicants who find themselves on the wrong end of it. In short, s48 says that if you are in Australia as a non-citizen, do not hold a substantive visa and have (since you last entered Australia) either: – been refused a visa (other than a …

What is a Registered Migration Agent?

A registered Migration Agent is a professional with specific expertise in assisting clients to successfully apply for visas to come to, or remain in, Australia. All practising Migration Agents are required to be registered with the Migration Agents Registration Authority (MARA), which is part of the Department of Immigration and Border Protection. In order to remain registered, each Migration Agent …

Australia’s Migration Zone

It might seem counter-intuitive, but for the purposes of migration Australia is not Australia at all. Indeed, while it would be sensible to assume that setting foot on Australian soil would mean that a person has entered Australia, the Migration Act 1958 specifies that this simple assumption is far more confusing than it seems. Firstly, for the purposes of the …