Visas

Do you have a Partner or Spouse overseas who you want here?

The Australian visa program has four pathways:

Onshore Partner

This is the most popular option because (unless you are unlawful at time of application or other issues) it allows your partner to remain in Australia, work, study, and get medicare.

This is a two stage process that requires you to apply for a temporary Partner Visa first, and after two years you can then apply for the Permanent Visa.

Each stage takes around two years.

Expect to pay around $8000+ in application fee, police checks, medicals etc.

Most Agents charge $3500 to $5000 to do this visa.

Offshore Partner

This is not the most popular option because it does not allow your partner to remain here while you wait for the visa to be granted. There is no bridging visa, and you wont be able to stay on Visitor visas for the entire duration of the wait.

This is a two stage process that requires you to apply for a temporary Partner Visa first. Once this is granted your partner can then travel to Australia and wait with you for the grant of the Permanent Visa.

Each stage takes around two years.

Expect to pay around $8000+ in application fee, police checks, medicals etc.

Most Agents charge $3500 to $5000 to do this visa.

Prospective Marriage

This Visa allows your partner to come to Australia for 9 months. You must marry each other during that time.

I do feel that this one is very easy to see success with, however your partner is still waiting offshore for up to a couple years and you must get married. I use this as a last resort.

It takes up to 2 years to be granted.

Expect to pay around $8000+ in application fee, police checks, medicals etc.

Most Agents charge $3500 to $5000 to do this visa.

New Zealand Partner

Is your New Zealand partner in Australia on a 444 visa and you need a visa for either. You’ll love this one.

There is a lot more to it so don’t think you can just go and apply, but here is the short version: The application fee is only $365, it only lasts 5 years and then you have to do it again. Note that this is a Temporary Visa that you could use to remain in Australia Indefinitely, but it will not give you PR or Centrelink benefits etc

The Student Visa allows a person to come to Australia and remain here while they undertake courses of study. Children can bring a Guardian. Parents can bring their partners and children.

These are not easy visas to get:

You must have a COE
You must have enough money available to you to live for a year (Around $22,000)
You must have enough money available for your first year of tuition
You must meet the Genuine Temporary Entrant requirement
Some countries are considered high risk and come under extra scrutiny
Some courses have a reputation which might cause extra scrutiny
You must actually study

There are a lot of dodgy, fake, useless people out there who claim to be student agents and able to help you. There are horror stories from their victims including being overcharged, the COE is fake, the Visa is fake, the visa gets cancelled once you get here. Don’t get fooled and lose your money.

Don’t use anyone who does not have a MARA ID and emails you from the email address listed with MARA on the MARA website (Mara.gov.au)

Does your overseas Child want to come and live with you. We can help.

Visitor Visas are not as easy as you think.

To start off, there are three of them, and then we have some different Streams.

601 ETA

This is the easy one. It takes no time to fill out, and it’s usually granted same day.

You can only get this if you are a passport holder of certain countries, and you can’t be in Australia when you apply.

You can

do Tourist activities
do business activities (not work)
stay for up to a year (three month intervals)
study or train for up to 3 months

Cost is free but you have to pay a $20 Electronic Processing fee

651 eVisitor

Just like the 601 ETA but there is another list of countries only eligible.

600 Visitor

This visa has 5 Streams.

Tourist

This is for tourists and visitors

You can do study for 3 months but there is no work allowed.

It costs $145 and usually takes about a month for a decision.

If onshore, it costs $365

Business

For business activities but not work

It costs $145 and usually takes only a couple weeks for a decision.

Sponsored Family

You can sponsor a family member to visit. The Case Officer may request you pay a guarantee that the person you are sponsoring will go home at the end of the visa. If they don’t, you lose your money. This visa comes with a mandatory 8503 condition. This means that you cannot apply for any other visa while you are onshore. This is a good visa to use for a family member from a high risk country or group, but definitely the wrong one if they want to apply for something else while onshore.

It costs $145 and usually takes up to two months for a decision.

Approved Destination

This is for Chinese tour groups.

It costs $145 and usually only takes a couple days for a decision

Frequent Traveller

This is for Chinese citizens who frequently travel to Australia.

You can stay for three month blocks and it may be granted for up to 10 years

It costs $1065 and usually takes a month for a decision.

Genuine Temporary Entrant

GTE will make or break your Visitor application. View my Blog for more information on this.

When applying for a 600 visa the Case Officer must be satisfied that you will not overstay.

Writing a GTE statement and including it with your supporting documentation will greatly assist with this.

Why do we need a GTE statement

Australia is the perfect place to come and live/work illegally. It’s a great safe place to live, living and working conditions are good, we have a world class medical system, and we have a beautiful unpolluted country to enjoy.

It’s fair to expect that some persons may use a visitor visa to get onshore and then claim protection, work illegally or perform other activities that do not go hand in hand with the visitor visa.

Your Department of Home Affairs Case Officer is responsible for stopping people from doing this. That is why you need to satisfy them that you are genuine.

Visitor refusals are commonplace. I think it would be fair to say that everyone knows somebody who has had one refused on GTE grounds. Nobody can guarantee any result, but a good GTE submission will make a substantial difference. I would not lodge a 600 application without one.

I have lost count of the number of times I have been contacted by a person who lodged their own 485 and got it refused.

It is a fairly simple visa, but it is unforgiving. The Case Officer has some level of discretion in most visas. In this one however they do not.

This is because the regulations that make up this visa are specific, time orientated and unbendable.

At time of application:

You must have provided evidence that you are exempt from the English Test or have provided evidence that you have completed and met the required score for one of the approved English tests. They cannot accept a letter from your lecturer or evidence provided a day or two later. Regulation 485.212
Each applicant has provided evidence that they have applied for an AFP check within the last 12 months. Regulation 485.213
Each Applicant has provided evidence that they have appropriate Health Insurance. Regulation 485.214

Fail to do any of the above at time of application and you cannot be granted the visa. You cannot win at the Tribunal because the decision to refuse will be correct and consistent with the legislation, and you cannot win at court because the Tribunal in rejecting will have made the right decision in line with the law.

The TOA’s are not the only pitfalls with this visa.

You have to pass the Australian Study requirement.
You may be limited by the qualification or level of qualification
You might be required to have Skills testing
You only have 6 months time from when you complete your course. The clock starts ticking when you complete the course, not when you get your award.
and there is more.

Don’t wait until your student visa is about to expire

In my experience, most people wait until just be fore their student visa expires before they apply for the 485. This allows you to stretch out the time in Australia a little longer.

This is very dangerous. I advise DO NOT DO THIS.

Remember how unforgiving this visa is….

if you get it wrong and it’s refused while you are holding a bridging visa after your student visa expired you will be affected by s48 of the Migration Act. You can’t apply again until you have left Australia and then found a way to come back. And you then have to have your valid application in before the timer hits 6 months from meeting the Australian Study Requirement (explained below). Once that 6 months is up, it’s up. You’ve wasted your opportunity to spend 18 or 24 months working in your field and building up the experience for your pathway to PR.

Regulation 1.15FThe Australian Study Requirement copied directly from the legislation

(1) A person satisfies the Australian study requirement if the person satisfies the Minister that the person has completed 1 or more degrees, diplomas or trade qualifications for award by an Australian educational institution as a result of a course or courses:

(a) that are registered courses; and

(b) that were completed in a total of at least 16 calendar months; and

(d) for which all instruction was conducted in English; and

(e) that the applicant undertook while in Australia as the holder of a visa authorising the applicant to study.

Note: Academic year is defined in regulation 1.03.

(2) In this regulation:

completed, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award.

Note: The academic requirements for the award of a degree, diploma or trade qualification do not include the formal conferral of the degree, diploma or trade qualification. Therefore, a person can complete a degree, diploma or trade qualification, for subregulation (2), before the award is formally conferred.

Please please please do not do this visa yourself.

Do you require Protection or Refugee status?

We lodge these applications and write very well researched submissions.

Please note we do not assist with these applications for non-genuine claims or where it is used as a last resort to remain in Australia.

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