Investor Visa (subclass 891) – The Pathway to Permanent Residency

The Investor Visa (subclass 891) is a permanent visa that allows a person to obtain Australian Permanent Residency by making a significant financial investment in Australia. In order to be eligible to apply for this visa, a person must: already hold an Investor (Provisional)(Subclass 162) visa. Note: the subclass 162 is no longer open to new applicants, and have maintained …

Provisional Business Innovation and Investment visa (subclass 188)

This temporary visa is intended to attract new investment and business talent to Australia, while providing applicants with a pathway to permanent residence in Australia, via the subclass 888 permanent Business Innovation and Investment Visa. In order to be eligible for the subclass 188 visa, applicants must lodge submit an Expression of Interest (EOI) through the Department’s SkillSelect portal and …

Business Innovation and Investment Visa (subclass 888)- The Pathway to Permanent Residency

The Business Innovation and Investment visa (subclass 888) is a permanent visa that allows a person to obtain Australian Permanent Residency by making a significant financial investment in Australia. In order to be eligible for the subclass 888 visa, a person must first have been nominated by an Australian State or Territory or the Federal Government, and either: hold a …

MARA Migration Agents’ Code of Conduct

As discussed in our article on Migration Agents, the Migration Agents Registration Authority maintains a Code of Conduct that sets the minimum requirements for Registered Agents and a basic level of expectations that their clients can expect. The Code of Conduct itself is prescribed by Legislation (the Migration Act 1958) and contained in the Migration Regulations 1994. What does the …

My Australian Visa Has Expired – What Are My Options Now?

Australian visa holders overstay their visas for a wide range of reasons, mostly innocent. Reasons we’ve seen range from the mundane – misreading the visa, failure of phone notifications, trusting a friend to keep track – to the elaborate – serious accidents, stolen documents or getting lost in the bush(!) The key thing to note, no matter what the situation …

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. …

My company is a 457 visa sponsor– How will the change to the new TSS visa scheme affect me?

Overview of relevant changes: Many Australian companies are understandably concerned about the major changes to the temporary skilled visa program. This is the most extensive set of changes to the program in many years, and it has positive aspects for employers, as well as some elements that will make life more difficult. In addition to changes to the eligibility criteria …

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 …

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 …