Immigration Lawyer Sydney

Partner (subclass 820/801) visa

Under current two stage onshore partner visa processing arrangements, you can apply combined application for both a temporary Partner (subclass 820) visa and a permanent Partner (subclass 801) visa.

If you meet all the legal criteria for the grant of the visa, you may be granted a temporary Partner visa first. This visa remains valid until a decision is made on your permanent Partner visa. If you still meet all legal requirements when your application is considered after the waiting period, you may be granted a permanent Partner visa. However, you may be granted both a temporary Partner visa and a permanent Partner visa without having to wait if you can demonstrate that you and your partner were in a long-term partner relationship at the time the visa application was made.

Partner (subclass 309/100) visa

Under current two stage offshore partner visa processing arrangements, you can apply combined application for both a temporary Partner (subclass 309) visa and a permanent Partner (subclass 100) visa.

If you meet all the legal criteria for the grant of the visa, you may be granted a temporary Partner visa first. This visa remains valid until a decision is made on your permanent Partner visa. If you still meet all legal requirements when your application is considered after the waiting period, you may be granted a permanent Partner visa. However, you may be granted both a temporary Partner visa and a permanent Partner visa without having to wait if you can demonstrate that you and your partner were in a long-term partner relationship at the time the visa application was made.

Prospective Marriage (subclass 300) visa

This visa is designed to allow you to come to Australia for a period of between 9 and 15 months to marry your prospective spouse (or fiancé) and then apply for a partner visa (subclass 820/801) before your subclass 300 visa expires.

New Zealand Citizen Family Relationship (Temporary) (subclass 461) visa

New Zealand citizens who arrive in Australia and who do not hold a permanent visa are automatically granted a Special Category (subclass 444) Visa (SCV), a temporary visa allowing them to remain in Australia indefinitely. Subclass 461 visa allows non-NZ family members of SCV holders to enter or remain in Australia. It is a temporary visa and it is valid for up to five years.

Temporary Graduate (subclass 485) visa – Post-Vocational Education Work stream

This stream is for international students who have recently graduated with qualifications that are closely relate to specific occupations Australia needs. You can stay in Australia temporarily.

Temporary Graduate (subclass 485) visa – Post-Higher Education Work stream

This stream is for international students who have recently graduated with a degree from an Australian institution. You can stay in Australia temporarily.

Skilled Independent (subclass 189) visa – Points tested stream

This steam is designed for skilled applicants who submitted an Expression of Interest (EOI) in SkillSelect and received an invitation to apply for this visa. You can stay in Australia permanently.

Skilled Independent (subclass 189) visa – Hong Kong stream

This stream is designed for Hong Kong or British National (Overseas) passport holders who have met certain visa and residence requirements. You can stay in Australia permanently.

Skilled Nominated (subclass 190) visa

Subclass 190 visa is designed for skilled applicants who submitted an Expression of Interest (EOI) in SkillSelect and received an invitation to apply for this visa. You can stay in Australia permanently.

Skilled Work Regional (Provisional) (subclass 491) visa

Subclass 491 visa is designed for skilled applicants who submitted an Expression of Interest (EOI) in SkillSelect and received an invitation to apply for this visa. You can stay in Australia temporarily.

Permanent Residence (Skilled Regional) (subclass 191) visa – Regional provisional stream

This steam is designed for individuals holding an eligible visa who have lived for at least 3 years in a designated regional area. You can stay in Australia permanently.

Permanent Residence (Skilled Regional) (subclass 191) visa – Hong Kong stream

This steam is designed for Hong Kong or British National (Overseas) passport holders holding an eligible visa who have lived for at least 3 years in a designated regional area. You can stay in Australia permanently.

National Innovation (subclass 858) visa

Subclass 858 visa is designed for persons seeking to settle permanently and who have an internationally recognised record of exceptional and outstanding achievement in an eligible area.

Student (subclass 500) visa

Subclass 500 visa is designed for a student to stay in Australia for the duration of the relevant course. You can stay in Australia temporarily.

Student Guardian (subclass 590) visa

Subclass 590 visa is designed for a student guardian come to Australia to provide care and support for a student visa holder who is under 18 years of age. You can stay in Australia temporarily.

Skills In Demand (subclass 482) visa

Subclass 482 visa is designed to allow Australian employers to recruit workers to fill skilled vacancies in their business. This visa lets nominated workers to live and work in Australia for up to 4 years temporarily.

Employer Nomination Scheme (subclass 186) visa

Subclass 186 visa is designed to allow Australian employers to recruit workers to fill skilled vacancies in their business. This visa lets nominated workers to live and work in Australia permanently.

Regional Sponsored Migration Scheme (subclass 187) visa

Subclass 187 visa is designed to allow Australian employers in regional Australia to recruit workers to fill skilled vacancies in their business. This visa lets nominated workers to live and work in Australia permanently.

Temporary Work (Short Stay Specialist) (subclass 400) visa

Subclass 400 visa is designed to allow you do short-term, highly specialised work in Australia. This visa is valid for up to 6 months from the date it is granted.

Temporary Work (International Relations) (subclass 403) visa

Subclass 403 visa is designed to facilitate the entry of applicants to work or undertake an activity in Australia that improve Australia’s international relations. You can stay in Australia temporarily.

Training (subclass 407) visa

Subclass 407 visa is designed to allow applicants to take part in workplace based training, including classroom based training, to improve their skills in Australia. This is temporary visa valid up to 2 years.

Temporary Activity (subclass 408) visa

Subclass 408 visa is designed to come to Australia to do specific types of work on a temporary basis. You can stay in Australia temporarily.

Business Innovation and Investment (Permanent) (subclass 888) visa

Subclass 888 visa is designed to continue your business / investment / entrepreneurial activities in Australia permanently. You must have a current nomination from an Australian State/Territory government agency or Austrade before apply for this visa.

Sponsored Parent (Temporary) (subclass 870) visa

Subclass 870 visa is accessible to a person seeking a temporary visa on the basis of being the parent of a child. This visa does not lead to permanent residence. There is no balance of family test or Assurance of Support (AOS) requirements. You can stay in Australia for up to three or five years at a time. You can stay for a cumulative maximum 10 year period.

Contributory Parent (Temporary) (subclass 173) visa

Subclass 173 visa is accessible to a person seeking a temporary visa on the basis of being the parent of a child.
This temporary visa is only valid for a period of two years and cannot be extended or renewed. At any time during the two year validity period of the visa, the temporary visa holder can apply for the corresponding permanent (subclass 143) visa. Applicants must pay a first and second instalment of the Visa Application Charge (VAC).

Contributory Parent (subclass 143) visa

Subclass 143 visa is accessible to a person seeking a permanent visa on the basis of being the parent of a child.

Contributory Parent category visa applicants can choose to apply directly for a permanent visa or to go through a two stage process. Under the two stage process, applicants initially apply for a temporary Contributory Parent (subclass 173) visa. The temporary visa is only valid for a period of two years and cannot be extended or renewed. At any time during the two year validity period of the visa, the temporary visa holder can apply for the corresponding permanent (subclass 143) visa. Applicants must pay a first and second instalment of the Visa Application Charge (VAC) for both temporary and permanent visas.

Contributory Aged Parent (Temporary) (subclass 884) visa

Subclass 884 visa is accessible to a person seeking a temporary visa on the basis of being the parent of a child.

The temporary visa is only valid for a period of two years and cannot be extended or renewed. At any time during the two year validity period of the visa, the temporary visa holder can apply for the corresponding permanent (subclass 864) visa. Applicants must pay a first and second instalment of the Visa Application Charge (VAC).

Contributory Aged Parent (subclass 864) visa

Subclass 864 visa is accessible to a person seeking a permanent visa on the basis of being the parent of a child.

Contributory Aged Parent category visa applicants can choose to apply directly for a permanent visa or to go through a two stage process. Under the two stage process, applicants initially apply for a temporary Contributory Aged Parent (subclass 884) visa. The temporary visa is only valid for a period of two years and cannot be extended or renewed. At any time during the two year validity period of the visa, the temporary visa holder can apply for the corresponding permanent (subclass 864) visa. Applicants must pay a first and second instalment of the Visa Application Charge (VAC) for both temporary and permanent visas.

Parent (subclass 103) visa

Subclass 103 visa is accessible to a person seeking a permanent visa on the basis of being the parent of a child.

Aged Parent (subclass 804) visa

Subclass 804 visa is accessible to a person seeking a permanent visa on the basis of being the parent of a child.

Child (subclass 802 or 101) visa

Child visa is designed for persons seeking to settle permanently and who want to live in Australia to be with their parents. Subclass 802 visa is for onshore applicants and subclass 101 visa is for offshore.

Aged Dependent Relative (subclass 838 or 114) visa

Aged Dependent Relative visa is designed for a single older person seeking to settle permanently and who rely on a relative living in Australia for financial support. Subclass 838 visa is for onshore applicants and subclass 114 visa is for offshore.

Remaining Relative (subclass 835 or 115) visa

Remaining Relative visa is designed for persons seeking to settle permanently and who want to live in Australia to be with their only near relatives. Subclass 835 visa is for onshore applicants and subclass 115 visa is for offshore.

Carer (subclass 836 or 116) visa

Carer visa is designed for persons seeking to settle permanently and who want to care for someone with a long-term medical condition and no reasonable access to care options available in Australia. Subclass 836 visa is for onshore applicants and subclass 116 visa is for offshore.

Orphan Relative (subclass 837 or 117) visa

Orphan Relative visa is designed for persons seeking to settle permanently and they have no parent who can care for them. Subclass 837 visa is for onshore applicants and subclass 117 visa is for offshore.

Resident Return (subclass 155/157) visa

Subclass 155/157 visa is to allow certain applicants to travel internationally and return to Australia as permanent residents.

Australian Citizenship

Becoming a citizen of Australia is the final step in your migration story. You can become a citizen of Australia in a few different ways. Citizenship by conferral is a common way to apply to become an Australian citizen.

Health Problem

Generally applicants are assessed against two main health criteria which are set out in Public Interest Criteria (PIC) 4005 and 4007. Health examination will depend on your circumstances, your intended activities in Australia, your intended period of stay and your country of origin or residence.

After your health examinations, if your results show you have no significant health issues, your case may be cleared without referral to a Medical Officer of Commonwealth (MOC). However, if you do not meet the health requirement, your visa will not be granted unless a health waiver is available and exercised.

Character Problem

The character requirements are set out under section 501 of the Migration Act 1958. It states a variety of reasons why someone may not pass the character test. Further, the Ministerial Direction provides guidance on the decision making whether to refuse or cancel a visa or whether to revoke a mandatory cancellation, where the applicant does not pass the character test.

You must provide a police certificate for each country you have lived in for 12 months or more over the last 10 years since turning 16.

Administrative Review Tribunal (ART)

The Administrative Review Tribunal (ART) can review some decisions about visas made by the Department of Home Affairs. The Migration Act 1958 and the Migration Regulations 1994 specify what decisions ART can review.

The decision letter from the Department of Home Affairs will provide you whether ART can review the decision or not and who can apply for a review. The time limit to lodge an application for a review varies depending on the type of decision.

Ministerial Intervention Request

You may under certain circumstances be able to make a request for Ministerial Intervention if you have received a negative decision by the Administrative Review Tribunal (ART).

The Minister has powers under the Migration Act 1958 (in sections 351 and 501J) to replace a decision of the ART with a decision that is more favourable if the Minister thinks it is in the public interest to do so. The Minister is however not obliged to consider your case or to intervene in your case and is not bound by any timeframes.

 

Disclaimer: The information in this article is provided for informational purposes only. It does not constitute legal advice and should not be relied upon as such. No individual should take, or refrain from taking, any action solely based on the material contained in this article. While we aim to offer accurate and timely information, we cannot guarantee its accuracy on the date of receipt or in the future. If you require more information or seek relevant legal advice specific to your circumstances, please contact our office. – Hope Immigration Lawyer Sydney & Migration Lawyer Sydney