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…
Did you know that in some instances it’s possible to obtain a Partner visa even after a breakdown of relationship between the visa applicant and the sponsoring partner? In some cases, it’s possible to get a visa even after a divorce. In this article we explain those limited circumstances when a breakdown of relationship does…
Before you can be granted a partner visa (and many other visas) you must be able to pass the so called “character test”. Visa applicants who do not pass this requirement may still be able to get a visa, but they must put evidence before the Department of Immigration to convince them that it is…
When a visa application is refused, as a last resort, visa applicants may be able to apply to the Minister for Immigration and Citizenship for Ministerial intervention to grant a visa. Here is our introductory guide to Ministerial interventions. The Minister will only intervene in unique and exceptional circumstances. Each case is decided on its merits. To…
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