Immigration Law FAQ

Only registered migration agents, Australian legal practitioners, and in narrow cases exempt persons can give immigration assistance. Giving assistance without registration or a practising certificate is a criminal offence under the Migration Act.

A substantive visa is any visa other than a bridging, criminal justice, or enforcement visa. A bridging visa is a temporary visa that lets a non-citizen remain lawfully while waiting for a substantive visa decision or departure arrangements.

A bridging visa typically lasts until the substantive application is decided, plus a short wind-up period. The conditions (including work rights) depend on the bridging visa subclass and the circumstances of the applicant when it was granted.

A partner visa requires a genuine and continuing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. Evidence covers the financial, social, household, and commitment aspects of the relationship. Health and character criteria also apply.

Partner visa processing times vary significantly but onshore 820/801 applications commonly take 18-36 months from lodgement to permanent grant. Queue position, evidence quality, and periodic legislative changes all affect timing.

Skilled independent (subclass 189) and related visas require a minimum points score assessed against factors including age, English, skilled employment, qualifications, and Australian study. Invitations are issued via SkillSelect based on occupation demand.

Sponsored skilled visas (such as subclass 482, 186, and 494) require an approved business to nominate a nominated occupation and a specific worker. The employer must be an approved sponsor and meet labour market testing and training benchmark obligations.

The character test under section 501 allows the Minister to refuse or cancel a visa where the applicant does not pass the test — for example due to a substantial criminal record (12 months or more of imprisonment), association with criminal conduct, or risk to the community.

Cancellation makes the person unlawful and generally triggers detention, with limited rights to apply for further visas while in Australia. Review rights depend on whether the cancellation was mandatory or discretionary, and the jurisdiction of the decision-maker.

Most visa refusal and cancellation decisions are reviewable by the Administrative Review Tribunal (ART), which replaced the AAT in 2024. Time limits are strict and vary by decision type — typically 7, 21, or 28 days from notification.

Yes. Judicial review of migration decisions goes to the Federal Circuit and Family Court (Division 2) or the Federal Court, depending on the decision. Review is limited to jurisdictional error — the court does not reconsider the merits.

Most skilled, student, and many family visas require English language evidence through IELTS, PTE, TOEFL, OET, or Cambridge scores. Exemptions exist for passport holders of certain countries and some secondary education pathways.

Visa applicants must meet health criteria (public interest criterion 4005 or 4007) assessed against the cost and demand of their health conditions on the Australian community. A health waiver is available for some visa subclasses.

Most applicants must be a permanent resident, satisfy the general residence requirement (typically 4 years lawful residence including 12 months as a PR), pass a citizenship test, and meet good character requirements. Applications are decided by Home Affairs.

Yes. Good character is a core requirement for citizenship by conferral. Criminal convictions, pending charges, and conduct inconsistent with Australian values can all lead to refusal, even where the person holds permanent residency.

A protection visa (subclass 866) is available to people who engage Australia's protection obligations under the Refugees Convention or complementary protection criteria. Strict credibility assessments and legal tests apply.

Yes, most student visa holders can work subject to condition 8105, which has varied over time between capped hours per fortnight and unrestricted work. Always check the current policy and the specific conditions attached to the visa grant.

Conditions 8503, 8534, and 8535 prevent the holder from applying for most further substantive visas while in Australia. Waivers are possible in limited circumstances, usually requiring compelling and compassionate changes in circumstances.

Yes. A refusal to approve a standard business sponsorship or nomination can generally be reviewed in the ART by the sponsor. Tight timeframes apply. Where the nomination is refused, any associated visa application is usually also refused.

Fees vary by complexity and the seniority of the practitioner. Simple visas may be handled on fixed fees of $1,500-$3,500 plus DHA charges. Complex sponsorship, cancellation, or review work commonly costs $5,000-$25,000+. Ask for a costs agreement up front.