Overview

Thinking of moving to Australia is a big step. Whether you are looking for a better lifestyle or want to be reunited with your family members, immigrating to Australia can be a difficult and time-consuming process.

Knowing which visa is right for you will require some research as there are various types of visas. Each has its own requirements and procedures. The most common visas are:

• Visitor visa,
• Business Visitor visa,
• Work and Holiday visa,
• Student visa,
• Student Guardian visa,
• Partner visa,
• Prospective Marriage visa,
• Temporary Work visa,
• Remaining Relative visa and
• General Skilled Migration visa.

It can save a lot of time and heartache if you make an informed choice about which visa is the best for you to apply for in light of your specific personal situation and immigration needs.

It is important to apply for the correct visa from the start rather than having to change to a different application at a later point. It is also important to provide all the required documents with your initial application. This will increase the likelihood of your visa application being successful. Delays in processing your visa may be avoided because the Australian immigration authorities will not have to put the processing on hold while they request further documents from you.

When thinking about applying for the correct Australian visa you will need to take into consideration your entire situation in life up until that time. For example, even if you have family in Australia and you have the option of applying for a Remaining Relative visa, if you also have suitable professional qualifications it may be easier and faster for you to apply for a General Skilled Migration visa. Having family in Australia would then also help as additional supporting evidence to your visa application.

Immigration and migration law in Australia is constantly changing so it is important to keep informed about any relevant updates that may affect your visa application. Also, visa applications and procedures take time to process. Remember to keep the Australian immigration authorities informed of any changes to your circumstances. This could include:

• change of address or
• a change in the composition of your family such as a birth, death or divorce.

Our Legal Guide on Immigration and Migration gives people who want to visit or live in Australia information on the process of making a visa application.

Please select below from our Articles, FAQ and Questions & Answers sections all written by experienced lawyers. Our Glossary helps explain the meaning of any words you are unsure about. You can also Ask a Lawyer a question yourself. It is free and anonymous.

How a lawyer can help?

There are two major areas where an immigration and migration lawyer can help with your Australian visa application.

Visa Application Process: an immigration and migration lawyer can assess which type of visa is most suitable to your needs and most likely to be granted.

An experienced lawyer can:

• consider your current situation and qualifications;
• review the visa applicant and their sponsor’s history;
• compile and prepare all the supporting documents for the visa application;
• correspond with Australian immigration authorities in a way most likely to result in your application being successful; and
• provide advice on how to handle consular interviews where applicable.

By ensuring your application is made properly from the start, and acting as your guide throughout the lengthy and complicated process, an immigration lawyer provides you with the best chance of having your visa approved.

Post-Visa Application: if your Australian visa application is denied by the Department of Immigration you may be able to appeal the decision at various migration or administrative tribunals. An immigration lawyer can be engaged to help with this process.

You should act quickly. There is often a very short time frame for appeals to be made after your Australian visa has been refused. An experienced immigration lawyer can review the reasons for refusal and provide advice on whether an appeal stands a reasonable chance of success.