• Take a step back and think about your situation as a whole.
• Immigration laws are constantly changing so an application for one type of visa may be significantly different if made a year later.
• As a general rule you should apply based on your ‘ultimate purpose’ test.
  • if you wish to come to Australia for a short visit and experience Australian life you might apply for a Visitor visa or a Working Holiday visa;
  • if you wish to move permanently to Australia and work here then perhaps an Employer Sponsored Skilled visa or a General Skilled Migrant visa would be more appropriate;
  • if you want to be reunited with your family then a Partner visa or a Remaining Relative visa may be applicable; and
  • if you wish to study in Australia then a Student visa would most likely be the visa for you.
• This rule does not always work as there are a variety of relatively unfamiliar visas as well.
• If you decide to consult a migration agent about which visa is most suitable for you always ensure that they are registered with the Office of the Migration Agents Registration Authority (MARA): https://www.mara.gov.au/.
• If you have any concerns you can use our free and anonymous Ask a Lawyer service to get information specific to your situation.

• The Office of the Migration Agents Registration Authority has a website where you can confirm an agent’s registration by searching details such as the agent’s name and company: https://www.mara.gov.au/.
• You can also ensure that a migration agent is registered by checking their MARN (Migration Agent Registration Number).
• Using a registered migration agent gives you peace of mind that your migration agent is
  • qualified;
  • has all the proper indemnity insurance; and
  • is up to date with all the latest laws and procedures relevant to your visa application. 

• You can apply for a Partner visa either onshore or offshore.
• You can apply for an onshore Partner visa (subclass 820) as long as you hold a ‘substantive visa’ for Australia at the time:
  • a substantive visa is any visa with the exception of Bridging or a Criminal Justice visas. A Visitor visa or Student visa is considered a substantive visa for the purpose of this application;
  • you must also ensure that your existing visa does not have a Condition 8503 on it which means that such a visa cannot be extended; and
  • if you have this condition you can either appeal this condition or you may have to leave Australia and apply for your Partner visa from your home country.
• The application process for the Partner visa is quite similar regardless of whether you are onshore or offshore.
• Some people prefer to apply for their visa in their home country as it can be done in their own language and administrative staff in their own country are able to better accommodate them based on their own culture and norms.
• Translation of documents is usually easier and cheaper back in your home country than in Australia.
• If you apply for your Partner visa in Australia ensure that you have all your supporting documents with you.
  • Please be aware that a police clearance certificate has to be applied for in person in many countries so you must make sure you have this first before coming to Australia.
• You can use our Phone a Lawyer service to get a preliminary consultation if you think you may need legal advice.

• If you have received a letter of refusal from the Department of Immigration you must immediately check the timeframe they have given you for appeal:
  • this timeframe can be as short as 2 to 3 days; and
  • after this timeframe expires you will no longer have a right to appeal the department’s decision.
• The next thing to check is the reason for refusal:
  • often these refusals are made because of issues that can be easily addressed such as:
    • insufficient evidence;
    • the case for the application was not explained properly; or
    • the claims made in the application were not believed;
  • there could also be a number of factual issues such as health or character requirements that were not satisfactory:
    • an appeal contesting a decision based on these factual issues would normally be quite difficult to process. You will need skilled legal assistance.
• You can appeal decisions made by the Department of Immigration at various tribunals which may reconsider the merits of your application. The relevant tribunals are:
  • Merits Review Tribunal – you can appeal to this Tribunal if the Department of Immigration has refused your visa application or has cancelled your visa;
  • Administrative Appeals Tribunal – you can appeal to this Tribunal if the Department of Immigration has refused your visa application based on their assessment of your character; and
  • Refugee Review Tribunal – this Tribunal only hears cases concerning Refugee visas.
• You can also make an appeal to the Federal Magistrates Court, the Federal Court or the High Court of Australia:
  • cases which come before the court often involve complex legal issues;
  • a successful outcome allows the applicant’s case to be reconsidered by the Department of Immigration; and
  • due to the complexity of such issues it is strongly advisable to seek the assistance of an experienced immigration and migration lawyer if you are thinking about this step.
• If you have received an adverse decision from a tribunal you have the option to seek Ministerial intervention:
  • this may be appropriate if your claim is unique or based on exceptional circumstances;
  • a submission to the minister can only be made once so it is important to get the request made properly; and
  • a lawyer may be able to help you prepare your submission.
• Our LegalPlan™ membership will allow you to ask lawyers to handle your matter for a Fixed Fee Quote.

• For some visas such as the Student visa it is a requirement that you undertake an Overseas Student Health Cover (OSHC) for the period of your stay in Australia. It is also compulsory now to obtain adequate private health insurance for you and any family traveling with you under the Temporary Work (Skilled) visa requirement (subclass 457).
• To qualify for a visa you must show that your medical condition does not pose a significant burden to the Australian community:
  • since September 2012 the Department of Immigration has imposed a guideline defining ‘significant’ burden as over AUD$7,000 per annum;
  • this cost assessment is made by the Medical Officer of the Commonwealth and presented to the Department of Immigration as evidence; and
  • this cost assessment can be appealed at the Merit Review Tribunal if the decision is not in your favour.

• Yes you can apply for a Student Guardian visa.
• You will need to:
  • provide evidence that your daughter will be studying in Australia. Often a letter from the school or institution is sufficient to confirm your guardian status;
  • provide proof of your relationship to your daughter. A birth certificate should be adequate for this;
  • obtain sufficient health insurance known as an Overseas Visitors Health Cover for the entire duration of your stay in Australia;
  • undergo a medical assessment;
  • obtain a police clearance certificate; and
  • show proof that you have sufficient financial means to support yourself during your stay. The usual figure is approximately AUD$19,000 per annum.

Please note that while on this visa you are not permitted to seek employment in Australia.