Immigration
The pathway to Australian residency requires understanding the different visa types and eligibility criteria, and lodging a considered application with supporting documents with the Department of Home Affairs. Laws and policies change frequently, and the process can be complex, slow, and confusing. We can help demystify the laws and step you through each stage of your visa application. Our specialised Australian immigration law division can help you or a family member with:
- Temporary and permanent residency visa applications
- Sponsorship and nomination approvals
- Character, health, and 8503 waivers
- Compassionate, compelling, and hardship submissions
- Visa refusal or cancellation replies, AAT reviews, Federal Court appeals
- Protection visas and Ministerial Intervention assistance
- Australian citizenship application
Skills and Work Visas
Like all countries, the Australian economy needs a mix of workers across all sectors. When there is a skills shortage within the Australian population, the federal government expands the number of visas available to overseas workers who have the desired skills or education. In addition to short-term working visas, individuals who have in-demand skills are more likely to be granted permanent residency. A prospective migrant may be able to apply for permanent residency if they are qualified for employment and meet the eligibility criteria in one of the in-demand occupations. In addition, regional areas of Australia provides attractive pathways for workers who worked and lived in the areas for certain period of time.
Student Visas
One of Australia’s most important export industries is education. All sectors of the government work together to encourage suitable overseas students to travel to Australia to study an approved course. A student can obtain a visa to study a course at an Australian high school, university, technical college, or other professional training course.
The Student visa is a temporary visa that allows a student to live and study in Australia for the duration of their course of education. In addition, prospective students who are under 18 years, or otherwise need care and support, can have a relative apply to travel and stay with them as a guardian. This visa also allows the student to work in Australia (although international students need to demonstrate that they will arrive with sufficient funds to meet their daily needs for the duration of their course of study).
Partner Visas
One of the most common pathways for family immigration is through a partner visa. Australian citizens, permanent residents, and eligible New Zealand citizens can sponsor their partners to come to Australia. There are several partner visa subclasses, including the temporary Partner visa (subclass 820/801) and the permanent Partner visa (subclass 100/309). To be eligible, the applicant and sponsor must demonstrate a genuine and ongoing relationship.
Prospective Marriage Visa
The Prospective Marriage visa (subclass 300) allows individuals to travel to Australia to marry their Australian fiancé/fiancée within nine months of visa grant. After marriage, they can apply for a Partner visa to remain in Australia.
Parent Visas
Parent visas allow Australian citizens, permanent residents, or eligible New Zealand citizens to sponsor their parents to live in Australia. The Parent visa categories include the Contributory Parent visa (subclass 173/143, 884/864) the Non-Contributory Parent visa (subclass 103) and the Aged Parent visa (subclass 804). The Contributory Parent visa has a significantly higher processing fee but allows for faster processing times and additional benefits. Depends on the circumstances, Aged Dependent Relative visas may warrant consideration as alternatives.
Child Visas
Australian citizens, permanent residents, or eligible New Zealand citizens can sponsor their dependent children to come and live in Australia. Child visas, such as the Child visa (subclass 101/802) and the Orphan Relative visa (subclass 117/837), are available for biological, adopted, or stepchildren, as well as other eligible family members under certain circumstances.
Other Family visas
There are many visas for other family members of Australian citizens, permanent residents or eligible New Zealand citizens, such as Adoption visas, Carer visas, Remaining Relative visas. Eligibility for these visas varies and requires careful examination of the individual’s family relationship.
Australian Citizenship
There are many ways that one may become an Australian citizen, the most common ways are automatic acquisition, citizenship by descent, and citizenship by conferral. Applicants must meet residence requirements and be of good character to be successful in their applications.
Appeals
Appeals against immigration decisions in Australia are an essential part of the immigration system, ensuring fairness and justice for individuals whose visa applications have been refused or cancelled. The Administrative Appeals Tribunal (AAT) is an independent tribunal responsible for reviewing decisions made by the Department of Home Affairs regarding visa applications and certain visa cancellations. The AAT operates under the principle of merit review, which means it considers all relevant facts and circumstances of the case and makes a decision as if it were the original decision-maker.
The AAT’s decision is final in most cases, however, in specified circumstances, such as a jurisdictional error, a decision made by the AAT may be subject to judicial review in the Federal Court. Some visa decisions, such as character-related visa cancellations on certain grounds, are subject to mandatory cancellation and do not have a right of appeal to the AAT. However, applicants may have other avenues to seek judicial review in the Federal Circuit Court or the Federal Court in certain circumstances.
If your visa application has been refused or you are faced with the possibility of visa cancellation, seeking legal advice, and understanding the appeal process can be essential to presenting a strong case. Strict time limits apply so it is important to act quickly.