If you have a substantial criminal record and you are serving a jail sentence, your visa must be cancelled by law. This is called mandatory visa cancellation based on character grounds, under section 501(3A) of the Migration Act. And you can’t simply appeal the decision either. If you know of someone (perhaps a family member)…
UPDATE 10 May 2018: It looks like the Government will reverse the changes which increased the income threshold in respect of assurance of support. This means old rules would be applied again, which is a lot more beneficial to migrants. We will provide more details as they become available. The Government has recently introduced major…
Have you received a letter from the Department of Home Affairs telling you that they are considering cancelling your visa? This is called a Notice of Intention to Consider Cancellation of visa. Don’t ignore it. It’s important to act quickly. UPDATE: check out Part 2 of the video at the end of this post. Does…
Are you planning to apply for an Australian Partner Visa based on your de facto relationship? If you haven’t been in a de facto relationship for 12 months, then you may need to register your relationship as a civil partnership. Read this article or check out our video to find out more. When you apply…
What does a re-entry ban mean? What is a public interest criteria or PIC? If you have overstayed a Visa in Australia, or if you have provided false documents or information to the Immigration Department, then you may have come across these terms before. So let’s take it one step at a time. UPDATE: Check…
Is it better to apply for a partner visa onshore or offshore? In this article we highlight some of the benefits of applying onshore, while you are still in Australia. To start with the obvious, some people are simply not able to make an application onshore. For example, they may be living and working overseas…
Facebook live broadcast. If you have any questions that you would like us to discuss in our weekly broadcast, email or call us, or leave a comment on our Facebook page. This week’s video is about Partner Visa applications? Check it out for some tips that will hopefully clarify some of the issues surrounding the…
In the first introductory part of this article, we looked at the basic issues surrounding visa overstay. In this part, we consider whether it is possible to apply for a new visa. The starting point is that just because you overstay your visa, it doesn’t mean that you cannot apply for a new visa. You…
In this 3 part series, we will be looking at the issue of visa overstay. In particular, we will consider what are the immediate and long-term consequences of overstaying your visa. What happens when you overstay a visa? Your Visa is valid up to a specified date. You would have been advised about this date…
Most Visa cancellations and refusals can be reviewed and appealed. There are a number of different avenues to seek a review. It is important to obtain legal advice before lodging an appeal because, as we explain in this article, with the right advice you can significantly increase your chances of success. Internal review The easiest…
When you apply for a Partner Visa, you and your dependent children must pass the health requirement as part of the application. What happens if you pass the health test, but your child has a medical condition? Does this mean your visa application will be refused? The basics The starting point is that Partner Visa…
When you apply for a partner visa, you must prove that you are in a genuine and continuing relationship with your sponsoring partner. But everyone’s relationship with their partner is different. How do you prove that your relationship is genuine? 4 key aspects The Department of Immigration mainly looks at 4 aspects of your…
If you suffer personal injuries while you are on a visa, there are important steps you can take to protect your rights and maximise your compensation entitlements. This applies regardless of whether you are on a permanent or a temporary visa. You may be on a visitor visa or a temporary work visa and this…
Thinking about including children in partner visa application? It’s possible but the devil is in the detail. In this article we aim to highlight some things to be aware of when including children in visa applications. The basics Firstly, only “dependent” children can be included in Partner Visa applications. Children under the age of…
Have you received negligent migration advice? Not all is lost. We may be able to fix your visa application, and you can also seek compensation. What can you expect from a migration agent or immigration lawyer? Although a migration agent can never guarantee a positive visa outcome, you can still expect that they exercise reasonable…
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