Making Your Australian Visa Application

How do you make your Australian visa application? Well, the first thing to do is to carefully consider what you want to do in Australia and how long you want to stay for. There are literally 100’s of different types of visas designed for people with all sorts of different needs, work, study and family backgrounds and means.

Once you have decided what you want you should then choose the visa which best suits you. You can either do this yourself or consult a skilled Migration Agent. Many Migration Agents offer a free consultation to assist you to be able to make the right choice. It is also very important to try to determine the likelihood of success and whether the time is right to apply for the visa now or in the future possibly once you have satisfied some criterion. Visa application fees can be substantial and they are non-refundable so you want to make sure that your application has the best chance of success.

Once you have made a decision on a visa and are confident that you can put in a strong application you can start to download and fill in the application form(s). There is usually visa application information available to assist you to work out what documents you need to add. Please be careful also as the requirements often differ depending on which Australian Embassy, Consulate or Mission you apply at.

Depending on the visa you apply for, some documents need to be originals, some need to be certified copies and some can simply be copies. Most Australian visa applications will have a number of components – they look at your character, including any prior criminal history, your medical history and any likely need of medical attention in Australia, and your ability to be able to support yourself financially. Many visas allow for an Australian citizen or permanent resident who is a family member, friend, work or other acquaintance to support your application in some way.

Finally, once your application is ready to be submitted, double check to see that you have everything required and find out what the approximate processing time is so you can plan ahead. Some visas take 3 days to process and some take more than one year! Often where the application is submitted has an effect on the processing time. For example, for Partner (Marriage) visas they are often processed more quickly if applied for in Australia than if applied for offshore (especially in high risk countries).

Australian Immigration Rules and Regulations

Australian migration law is amongst the most complex of all Australian law. There are literally hundreds of types of visas available to people who want to visit, work, study or live in Australia. The details of the criteria for these visas are to be found in the hundreds pages of regulations and other official documents. Australian migration law provides for the different subclasses of visas and the criteria applicable to each visa. It also provides for payment of visa applications, appeals from refusals, cancellations of visas, Ministerial intervention, obligations, evidencing, and much, much more.

When you are thinking about applying for a visa you need to look at a number of different areas within the migration law. You will need to determine whether there is a visa available to suit your situation, whether you meet the applicable criteria and how you have to go about applying for the visa. You may want to look at whether there is a right of appeal should your visa application be refused. Some visa applications are relatively expensive and time consuming processes to undertake so you should be fully aware of what you getting into.

Australian migration law is a type of Commonwealth law, as opposed to a State or local law. This means that it applies throughout the whole country and not merely to some parts of it.

The law changes constantly and is not rigid. Prices for visas go up usually about 2 times each year and the criteria for each visa can change. Even the forms change.

There is also a considerable body of material that is used internally by the staff at the Department of Immigration and Citizenship (DIAC) which relates to the procedure and processing of visas and this provides guidelines to be used when determining whether or not to grant a visa.

Because of the complexity of Australian migration law a special group of legal professionals have emerged to deal specifically with this area. Migration agents are supposed to be trained in Australian migration law and practice. Some migration agents are highly trained professionals who have all been Solicitors and/or Barristers previously and who know the law and how to work within it and around it. There are others who have done a course in Australian migration law which can qualify them to be a migration gent. Unfortunately, there are other people who have no training in Australian migration law who call themselves migration agents. These people are often not Australian or have never even been to Australia but charge money to give advice on Australian visas. It is these people that you should definitely try to avoid.