FAQs

With many years of experience in immigration law, we can help answer your inquiries regarding your migration or visa needs. Just ask us.

Student & Graduate Visas

To apply onshore for an Australian visa, there are certain criteria to be met. Most visas require you to be on a substantive visa meaning a proper visa and not a bridging visa.

For student visa holders there is a once off grace period offered to students who may have forgotten that their visa has expired. However,  if it has been more than 28 days, you cannot meet this requirement and you must look at alternative visas or determine whether an exemption is available. 

Talk to us at Migration Affairs as soon as possible and find out how we can assist you.
The Department only waives condition 8503 in about 20% of cases. To successfully waive this condition, the Department must be satisfied that there has been a significant change in a person’s circumstances since arriving in Australia. These include a significant change which a person had no control over, and that change resulted in a major change to the person’s circumstances. Usually this entails an individual not being able to depart Australia. 

Compelling circumstances 
The decision to waive the condition can be taken only if compelling circumstances have developed since the visa holder was granted the visa that has the “no further application” condition attached. Under policy, ‘compelling circumstances’ are generally taken to refer to circumstances that are involuntary and characterised by necessity such that the visa holder is faced with a situation in which there is little or no alternative but to seek to extend their stay in Australia. 

Compassionate circumstances 
The decision to waive the condition can be taken if compassionate circumstances have developed since the visa holder was granted the visa that has the “no further application” condition attached. 

Talk to us at Migration Affairs and find out how we can assist you.
In order to apply under the ‘Post-Study Work stream’, you will need to hold a bachelor’s degree or higher. If you do not hold at least a bachelor’s degree, you would need to apply under the ‘Graduate Work stream’. You will also need to ensure you meet all other requirements under the stream to be granted a 485 visa. 

Talk to us at Migration Affairs and find out how we can assist you.
For the ‘Graduate Work Stream’ and ‘Post-Study Work stream’, you must have taken your English test within 3 years before the day you lodge your application for a 485 visa. 

If you take your English test after you lodge your 485 visa application, the Department of Home Affairs may refuse your application because you have not sat for the English test before you lodged your application. 

Talk to us at Migration Affairs and find out how we can assist you.
For the ‘Graduate Stream’ and ‘Post-Study Work stream’, if your English levels do not meet the legislative requirements, your visa will be refused. 

If you take another English test after the lodgement of your 485 visa and meet the required English level in that test, the Department of Home Affairs may still refuse your 485 visa application as these results were obtained from a test taken after lodgement. 

Talk to us at Migration Affairs and find out how we can assist you.
To be eligible for this stream, you need to have lived in designated regional area for at least 2 years prior to lodging your second 485 visa application. 

There are 2 categories of designated regional areas: 
  • Category 2 “Cities and Major Regional Centres” 
  • Category 3 “Regional Centres and Other Regional Areas”. 
Designated regional areas are categorized by postcode, which you can find on the Department’s website

The length of your second 485 visa will depend on whether you resided in Category 2 or Category 3 or a mixture of both while you were: 
  • studying on your student visa and 
  • on your first 485 visa 
Talk to us at Migration Affairs and find out how we can assist you.

Employer Sponsored Visas

Your 482 visa has Condition 8607 attached to it which requires that you work for the employer which nominated you. 

In order to change employers, your prospective employer will need to lodge a new 482 nomination application for you. Your prospective employer will also need to have a valid sponsorship approval or application in place before they can lodge a nomination application for you. 

You cannot commence working with your prospective employer until the new nomination application has been approved. 

If you begin working for your new employer before the nomination application is approved, the Department of Home Affairs can cancel your 482 visa for breaching Condition 8607. 

Talk to us at Migration Affairs and find out how we can assist you.
Condition 8607 also requires that you do not cease employment for more than 60 days. 

You will need to find a new employer to nominate you. The new employer will need to have (or apply for) a Standard Business sponsorship and lodge a nomination application for you. 

If you cease employment for more than 60 days, the Department of Home Affairs can cancel your 482 visa for breaching Condition 8607. 

Talk to us at Migration Affairs and find out how we can assist you.
  • The Federal Government introduced sweeping changes to the skilled visa program in 2017 and 2018. However, they also introduced transitional arrangements to ensure people who were already pursuing a permanent pathway were not disadvantaged.These transitional arrangements apply to the following cohorts:Those who held a 457 visa on or before 18 April 2017 and continue to hold this visa or a 457 visa/TSS visa/related bridging visa at time of application 
  • Those who lodged a subclass 457 visa application on or before 18 April 2017 which was subsequently granted and continue to hold this visa or a 457 visa/TSS visa/related bridging visa at time of application.
  • If the above is applicable to you, you can access the transitional arrangements for Employer Nomination Scheme (subclass 186) (Temporary Residence Transition Stream) visa applications:occupation list requirements will not apply
  • the age requirement will remain at less than 50 years of age with existing age exemptions still available, and
  • the minimum period an applicant is required to have been employed as the holder of a subclass 457 or TSS visa will remain at two years

You do not have to hold the same 457 visa or be working for the same employer to access the transitional arrangements. 


You can since have been granted a subsequent 457/TSS visa and/or been re-nominated by a different employer.  


As long as you held or applied for a 457 visa on 18 April 2017, you can access the transitional arrangements. 


You will however need to lodge your permanent visa application by March 2022. 


Talk to us at Migration Affairs and find out how we can assist you.

One of the primary requirements for a 494 visa is that your sponsoring employer has to be located in a ‘designated regional area’. 

Most locations of Australia outside major cities (Sydney, Melbourne and Brisbane) are classed as designated regional areas for migration purposes. 

The Department of Home Affairs has a list of postcodes which are considered designated regional areas. You can find the list here. 

Talk to us at Migration Affairs and find out how we can assist you.

If you’re considering hiring a foreign worker in Australia, verifying their work rights before offering them a job is essential. The employer must ensure their employees have the legal right to work in Australia. 


As an employer or individual, you can check the work rights of a non-citizen in Australia by accessing the Department of Home Affairs’ Visa Entitlement Verification Online (VEVO) system. 


VEVO will tell you the visa holder’s visa start date and expiry date, as well as whether the person is NOT allowed to work or whether there are work restrictions on their visa. 


It is important to note that even if the visa holder has work rights in Australia, there may be restrictions on the amount and type of work they can undertake. 


Find out more information on how to hire international skilled workers here.

Global Talent & Skilled Visas

Currently, the Department is issuing invitations on a quarterly basis. You can refer to the Department’s website for further details. 

Talk to us at Migration Affairs and find out how we can assist you.
The minimum points required is 65 points, however, we recommend attempting to achieve higher points to increase your chances of being invited. 

Talk to us at Migration Affairs and find out how we can assist you.
The 189, 190 and 491 visa require you to lodge an Expression of Interest (EOI) first indicating that you wish to apply for this visa. You will not be able to make an application for this visa unless you have been invited. 

An EOI is not a visa application and thus, you will not be granted a Bridging Visa if your current substantive visa expires while you are waiting for an invitation. 

If your current visa is about to expire and you still have not received an invitation, you will need to consider other visa options if you wish to remain in Australia. 

It is important to obtain advice about your options sooner rather than later.  

Talk to us at Migration Affairs and find out how we can assist you.
From 20 January 2021, students and recent graduates of Masters by Coursework, Masters by Research and Bachelors with Honours are not eligible for the global talent visa based solely on their qualifications.   

However, as a PhD graduate, you may still be eligible for the global talent visa if you can demonstrate exceptional talent and international recognition in a target sector.  

Talk to us at Migration Affairs and find out how we can assist you.
Applicants for the global talent program must show they have ‘Functional English’ If you are not able to demonstrate this, you will need to pay an additional charge. 

Talk to us and find out how we can assist you.

There is no age requirement for the Global Talent Visa Program; however, if you are under 18 or over 55 years of age, you must show that you would provide an exceptional economic benefit to Australia. Evidence can include but is not limited to:


  • statement regarding your professional plans upon settling in Australia
  • job offer or employment in Australia
  • service agreements or business contracts in Australia
  • pitch-deck or business planning documentation for Australia
  • grants associated with planned research in Australia
  • membership or appointment on industry advisory boards or regulatory authorities in Australia.


·      Stage 1: Submit an Expression of Interest (EOI)

·      Stage 2: Receive an invitation to apply and be issued with a Unique Identifier (UI)

·      Stage 3: Submit a Global Talent (subclass 858) visa application

As can be seen, several steps are required to be completed to make a successful application for the Global Talent Visa Program.

Our experts at Migration Affairs are highly experienced in all stages of the application process and can help guide you through the complexities of each aspect of the process. To maximise your chances of receiving an invitation for the Global Talent visa, we can assist in making sure you are putting forward the most robust case possible to the Department for consideration. 


The Department provides examples of specialisations in each of the priority sectors. Specialisations listed by the Department are not exhaustive and represent only what each sector can cover. Our Independent Global Talent Advisors can assist in selecting the specialisations and target sectors.

The ten target sectors are quite broad, and Migration Affairs has assisted numerous individuals with skills other than those listed below.

 

Resources

·      Advanced visualisation technologies, e.g. sensors;

·      Artificial intelligence and machine learning technologies;

·      Beneficiation technologies (improving the economic value of a resource such as ore.);

·      Expertise in energy-saving technologies for extracting and processing ores, such as ore body mapping, geophysical tools and drilling, mineral refinement, automated trucks and robotic equipment or grinding and processing technologies; and

·      Resource waste management.

 

Agri-food and AgTech

·      Agricultural big data analytics;

·      Commercialisation experience within the industry;

·      Future proteins for human and animal consumption;

·      Food and beverage technology;

·      Individual technologies or a combination of technologies related to farm equipment, weather, seed optimisation, fertiliser and crop inputs, and irrigation;

·      Precision measurement and/or application of farm inputs such as nitrogen and pesticides, gene editing, nanomaterials and synthetic biology;

·      Predictive technologies around planting times, climatic forecasting and crop cycles; and

·      Wearable technology, including ear-tag trackers for animal management.

 

Energy

·      Advanced visualisation technology (e.g. sensors);

·      Artificial intelligence and machine learning technologies;

·      Automation and robotics (e.g. smart sorting technologies for recycling);

·      Beneficiation technologies (i.e. improving the economic value of ore);

·      Recycling technology (e.g. feedstock recycling or E-waste processing);

·      Traceability technologies, e.g. experience with sophisticated material trading systems that make material sources more transparent to consumers; and

·      Expertise with the following fields in the sector:

o  Hydrogen technology;

o  Clean technologies, renewables & hybrids (including solar and wind power);

o  Battery/energy storage design (specialised, grid-scale and precursors for batteries);

o  Bioenergy and biofuels;

o  Micro-grid design; and

o  Supporting the transition to net-zero carbon emissions.

 

Health industries

·      Antimicrobial resistance;

·      Biochemistry and cell biology;

·      Biostatistician;

·      Biotechnology;

·      Biomedicine and Bioengineering;

·      Cell and gene therapies – genomics;

·      Clinical trials;

·      Digital health;

·      Health economists;

·      Implantable and wearable devices (e.g. 3D printed custom devices, bionics & prosthetics);

·      Infectious disease;

·      Medical devices;

·      Medical physicist;

·      Microbiology and immunology;

·      Nanotechnology and genomics;

·      Neuroscience and neurology;

·      Pharmaceuticals;

·      Precision medicine;

·      Point of care diagnostics; and

·      Regenerative medicine.

 

Defence, Advanced Manufacturing and Space Defence 

Defence

·      Augmented and virtual reality;

·      Cyber Security;

·      Expertise in military equipment acquisition, sustainment & evaluation;

·      Robotics and automation; and

·      Sensors and analytics.

 

Advanced manufacturing

·      Advanced materials;

·      Additive manufacturing (3D printing), materials resilience and repair;

·      Artificial intelligence and machine learning;

·      Automation & Robotics;

·      Bio-manufacturing and biological integration;

·      Biotechnologies;

·      Digital design and rapid prototyping;

·      Digitisation and automation;

·      Nano-manufacturing and micro-manufacturing;

·      Precision manufacturing; and

·      Sustainable manufacturing and life cycle engineering.

 

Space

·      Aviation in space

·      Experience that would be of benefit to the National Civil Space Priority Areas:

o  Position, navigation and timing (PNT) infrastructure (global navigation satellite systems);

o  Earth observation technology and services;

o  Communications technologies and services (lasers for data communication, quantum technologies for secure communication, and hybrid radio and optical communications);

o  Space situational awareness and debris monitoring (including space traffic management);

o  Leapfrog R&D, which includes new rocket technology, high-tech materials, space medicine, synthetic biology, quantum communications, in-orbit servicing and optical wireless communication technologies;

o  Robotics and automation on Earth and in space;

o  Access to space, which includes international space missions and launch activity;

·      Engagement with international space and astronomy regulatory bodies.

 

Circular economy

·      Artificial Intelligence and digital technologies;

·      Bioenergy generation;

·      Bio-methane production;

·      Commercialisation experience within the industry;

·      Development of sustainable production and supply chain practices that reduce atmospheric land and marine pollution;

·      Energy infrastructure;

·      Recycling and responsible manufacturing to support industries (plastics, paper, glass, tyre components, e-waste and lithium batteries);

·      Reducing emissions and increasing efficient use of natural resources (including energy, water and materials);

·      Waste treatment (management and reuse) and emissions technology; and

·      Waste to Energy (WtE) technology (the ability to generate reliable baseload electricity capable of diverting waste away from landfills and reducing carbon emissions).

 

Digitech

·      Artificial intelligence (AI) and machine learning;

·      Automation;

·      Big data;

·      Blockchain technology;

·      Cloud computing;

·      Cyber security detection, prevention and response services;

·      Data and eResearch infrastructure;

·      Data management and analysis;

·      Data science;

·      Disruptive technologies;

·      Front-end development;

·      Internet of Things;

·      IT integrated with control systems for plant and machinery;

·      Machine learning engineering;

·      Network engineer/architect;

·      Quantum information and computing;

·      Robotics;

·      Senior experience in developing and producing digital games and immersive technology;

·      Smart cities;

·      Smart tech;

·      Software and product management/development;

·      Start-ups and Entrepreneurs in the industry;

·      Systems integration; and

·      3D printing. 

 

Infrastructure and tourism

Infrastructure

·      Potential or ability to:

o  drive economic development in regional communities;

o  develop gateways to support Australia’s international competitiveness;

o  improve and expand Australia’s energy infrastructure; and

o,  improve water security across Australia.

Tourism

·      Potential or ability to:

o  increase the economic benefits to Australia from tourism;

o  target high-value travellers in the markets and tourism segments that deliver the most significant returns; and

o  foster a sustainable and innovative tourism industry.

 

Financial services and FinTech

·      Automated and predictive financial advice;

·      Blockchain technology;

·      Commercialisation experience within the industry;

·      Digital wallets;

·      Financial advice (e.g. automated and digital);

·      Financial data analytics, compliance and ‘RegTech’;

·      Micro-savings;

·      Next-generation lending, investment and wealth management;

·      Online banking; and

·      Platform banking and payments (e.g. contactless). 

 

Education

·      Cutting edge innovation within the Education sector;

·      Research and education infrastructure planning;

·      Characterisation (Technologies in advanced microscopy and microanalysis that underpin modern science, medicine, engineering and industrial innovation);

·      Digital Data and eResearch Platforms; and

·      Platforms for Humanities, Arts and Social Sciences.

For the 2021-2022 financial year, 15,000 places are available for the Global Talent Visa Program. According to Federal Budget for the 2022-2023 year, the Global Talent places will be reduced to 8,488.

From 20 January 2021, students and recent graduates of Masters by Coursework, Masters by Research and Bachelors with Honours are not eligible for the Global Talent Program based solely on their qualifications.

However, as a PhD graduate, you may still be eligible for the Global Talent Visa Program if you must demonstrate a record of exceptional achievement and international recognition in a target sector. 

On 17 December 2020, the Department issued Direction No. 89, which outlines the order of consideration, with the Global Talent visa being at the top of the priority list. The Minister has indicated that the purpose of this Direction no. 89 is:

to enable the Department of Home Affairs to give effect to the priority processing intentions to Government for the Global Talent cohort. This will support the responsive processing of applicants that are identified as highly desirable by the Government.”

Applications made concerning one of the ten target sectors, with evidence of current or future earnings equivalent to or higher than the FWHIT, receive the highest priority processing of their applications.

An Australian nominator should be either an:

·      Australian citizen;

·      Australian permanent resident;

·      Eligible New Zealand citizen; or

·      Australian organisation

 

The Australian nominator should also be:

·      Internationally recognised in the same industry sector as you;

·      Familiar with your international recognition and achievements; and

·      Able to attest to those achievements in detail 

We can provide recommendations and connections based on your professional profile. Migration Affairs is dedicated to working with independent Global Talent Advisers to identify and help exceptionally talented professionals in these target sectors to obtain permanent residency in Australia.

Please also refer to our page regarding Independent Global Talent Advisors for further information.

Business & Investment Visas

There are currently 5 streams of business visas which include the following:
  1. Business Innovation Stream
  2. Investor Stream
  3. Significant Investor Stream
  4. Premium Investor Stream
  5. Entrepreneur Stream
However, from 1 July 2021, the Premium Investor Stream will be closed to new applications.  Talk to us at Migration Affairs and find out how we can assist you.
Yes, applicants are required to meet the relevant English language requirements.  

The business innovation stream, investor stream, significant investor stream and premium investor stream require you to show at least ‘Functional EnglishIf you cannot show functional english, you will need to pay an additional fee. 

The entrepreneur stream requires you to show ‘Competent English’. 

Talk to us at Migration Affairs and find out how we can assist you.
The Business Innovation Extension Stream is available to extend your visa for an additional 2 years or 4 years if COVID-19 concessions apply. 

Talk to us at Migration Affairs and find out how we can assist you.

Partner & Family Visas

You may still be eligible for a permanent visa, if you: 
  • Hold a subclass 820 visa or 
  • Hold a subclass 309 visa or 
  • Have applied for a subclass 820 visa 
and one of the following is applicable to you: 
  • Your relationship has ended because your partner passed away 
  • You have a biological child of the relationship 
  • You suffered family violence, committed by your partner, while in the relationship 
Talk to us at Migration Affairs and find out how we can assist you.

The 309 visa usually requires an applicant to be offshore at the time of grant. 


However, the Department of Home Affairs currently has a temporary concession aimed at helping applicants who are in Australia and are unable to travel outside Australia due to the COVID-19 pandemic. 


This concession allows applicants who have applied for a partner visa outside Australia but are inside Australia during the COVID-19 concession period to be granted their visa if they meet all other criteria. 


Talk to us at Migration Affairs and find out how we can assist you.

The 309 visa usually requires an applicant to be offshore at the time of grant. 

However, the Department of Home Affairs currently has a temporary concession aimed at helping applicants who are in Australia and are unable to travel outside Australia due to the COVID-19 pandemic. 

This concession allows applicants who have applied for a partner visa outside Australia but are inside Australia during the COVID-19 concession period to be granted their visa if they meet all other criteria. 

Talk to us at Migration Affairs and find out how we can assist you.
If you have been the victim of family violence committed by your sponsoring partner, you may still be eligible for a permanent visa. 

In order to access the family violence provisions, you must either hold an 820 visa, hold a 309 visa or have applied for an 820 visa. 

You must provide evidence to the Department of Home Affairs of the family violence you experienced. 

The family violence must have been during the course of your relationship. If you experienced family violence after the relationship ended, you will not be eligible for the permanent visa grant. 

Family violence is no longer restricted to just physical abuse. If you are the victim of emotional or psychological abuse, you can still access the family violence provisions. 

1800 RESPECT is a free service which provides online chat or telephone support to people experiencing family violence. The service is confidential and available 24/7. 

Talk to us at Migration Affairs and find out how we can assist you.

Resident Return & Citizenship

If you have been residing in Australia for 2 out of the last 5 years, you may be granted a Resident Return (subclass 155) visa for a period of 5 years. 

If you do not meet the above requirement, you will need to demonstrate substantial ties of benefit to Australia to be eligible for a Resident Return (subclass 155) visa for a period of 12 months 

If you are not able to demonstrate substantial ties to Australia, you may still be eligible for the subclass 157 visa if you can show you spent at least 1 day in the last 5 years in Australia. The subclass 157 visa is valid for 3 months. 

Talk to us at Migration Affairs and find out how we can assist you.
If you have been outside Australia for more than 5 years, you will need to show compelling reasons for your absence. 

Examples of compelling reasons include severe illness or death of an overseas family member, you have been living overseas in an ongoing relationship with an Australian citizen partner or you have been caught up in a natural disaster, political uprising or other similar event. 

Talk to us at Migration Affairs and find out how we can assist you.
At the time of your application, you must have been living in Australia on a valid visa for 4 years with 12 months as a permanent resident. You must also not be outside Australia for more than 12 months in the last 4 years, including no more than 90 days in the past 12 months. 

Talk to us at Migration Affairs and find out how we can assist you.
Character requirements for citizenship are different from a visa application and are usually stricter. Whether you are eligible for citizenship will depend on the criminal conviction, the sentence you received and how long it has been since your sentence has lapsed. 

For example, if you have a drink driving offence and have been sentenced to a good behaviour bond which has not lapsed, your citizenship application will not be approved. 

Talk to us at Migration Affairs and find out how we can assist you.
One of the requirements for Australian citizenship is to show you are “likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved.” 

If you are working and residing overseas while your Australian citizenship application is processing, the Department of Home Affairs will have to consider if you still have an intention to reside in Australia. 

The Department will assess your circumstances including your current living arrangements, any assets, commitments or ties you have to Australia, whether you intend to return to Australia etc. 

Talk to us at Migration Affairs and find out how we can assist you.

Former permanent residents, i.e. those who used to hold an Australian permanent visa that have since expired (not cancelled) are often under the assumption that they have ‘lost’ their permanent residency and will need to apply for a new Australian visa to migrate to Australia.

However, this is not true!

You may be able to reinstate your permanent residency because former permanent residents of Australia are eligible for a Resident Return Visa if they meet the eligibility criteria.

Appeals & Ministerial Intervention

The length of time you will have to lodge your AAT application will depend on the type of decision you get from the Department (for example a refusal or cancellation) and the method in which you receive the decision (for example by email or post). The Department’s letter will state the length of time you have to submit your review application. It is important that you lodge your review application within the set timeframe, otherwise, you could lose your review rights.

Talk to us
 at Migration Affairs and find out how we can assist you.
The current fee for an AAT application is $1,826. This fee is payable at the time you lodge your review application. If paying the fee would cause you severe financial hardship, you can apply to have the fee reduced by 50%. 

If you had a protection visa refused, you do not have to pay the AAT fee at the time of application. However, if your review application is unsuccessful, you will need to pay the fee.

Talk to us
 at Migration Affairs and find out how we can assist you.
Your bridging visa will be automatically extended once you lodge your review application within the specific timeframe.

Talk to us
 at Migration Affairs and find out how we can assist you.
No, you will not be able to make a ministerial intervention request without first obtaining a decision from the Administrative Appeals Tribunal. 

The Minister cannot consider a request for intervention unless you have a appropriate decision from one the following: 
  • the Administrative Appeals Tribunal (Migration and Refugee Division) 
  • the Administrative Appeals Tribunal (General Division) for protection visa refusals or cancellations on character grounds 
  • the former Migration Review Tribunal 
  • the former Refugee Review Tribunal 
  • the former Immigration Review Tribunal or Migration Internal Review Office.
Talk to us at Migration Affairs and find out how we can assist you.
You will need to regularise your status by applying for a Bridging Visa E before you can make a request for Ministerial Intervention. The Minister will not consider applications from a person who is unlawful.

Talk to us
 at Migration Affairs and find out how we can assist you.
You can make a repeat ministerial intervention request, however, you will need to show that there has been a significant change in circumstances since the previous request which raises new and substantive issues which were not previously considered. The new and substantive issues must also fall within the unique or exceptional circumstances.

Talk to us at Migration Affairs and find out how we can assist you.

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