Skip to content

Frequently Asked Questions About Migration Law

Below you’ll find answers to the questions we get asked the most about Migration Law.

Majority of visa applications will ask for a person’s personal particulars (passport & ID details), academic background, employment history, travel, criminal & health history etc. Depending on the visa you apply for, will change the questions contained in the visa application.

Depending on the visa you are applying for, there can be an age limit. For skilled applicants applying for a permanent residence visa, they must be under 45 years old. There are no age limits for partner visas, student visas or tourist visas.

Majority of visa types allow applicants to include their immediate family (spouse or dependent children) on a visa application.

A bridging visa is granted when you apply for a substantive visa in Australia. The bridging visa essentially bridges the gap from your current visa expiring, to your lodged visa being decided.

If you hold permanent residence, you can work and live in Australia without your visa having an expiry date. You can purchase property and have full access to Medicare however you are not able to hold an Australian passport.

Temporary residence allows you to stay in Australia, temporarily. Depending on your visa type, you may also work in Australia temporarily, however you will need to either apply for a new visa or leave the country prior to your visa expiring.

The Department of Home Affairs regularly update their processing times, which vary from each visa type. Please use this link to check your processing time – Global visa processing times (homeaffairs.gov.au)

Please contact a registered migration agent if you are unsure about the conditions on your visa. They can explain this to you, to ensure you aren’t breaching any conditions on your visa.

Some visa subclasses require an applicant to undergo a skills assessment application by the relevant skills assessing authority. This entails the authority to assess an applicant’s overseas qualifications, and work experience in their specified occupation which is then recognized as Australian qualifications/experience and can be used for your visa application.

Please use this link to see whether your occupation is on the skilled occupation list – Skilled occupation list (homeaffairs.gov.au)

Some visa subclasses require an applicant to undergo a skills assessment application by the relevant skills assessing authority. This entails the authority to assess an applicant’s overseas qualifications, and work experience in their specified occupation which is then recognized as Australian qualifications/experience and can be used for your visa application.

For an employer sponsored or skilled visa you will be required to pass an English test such as PTE, IELTS or OET. Each visa has a different English requirement, please contact us for more information.

If you are invited by the state to apply, you will have 60 days from the date of the invitation to apply for your visa application.

If you’re not married, but you are in an exclusive relationship, and have been living together for a minimum of 12 months you can be classed as a defacto relationship. If you have evidence of living together, have joint financial & social evidence you may be eligible to apply for the partner visa.

A partner visa requires a lot of evidence for your relationship. You need to prove you are in a genuine & ongoing relationship with your sponsor. You must have evidence that you live together, share money & bills, your friends & family know about your relationship etc.

The primary applicant is required to be enrolled and study their selected course full time.

To apply for the tourist visa, you will need to evidence why you are coming to Australia, your ties to your home country and evidence you can financially support yourself in Australia as you cannot work on this visa.

As a general rule, we suggest showing a minimum of $5,000 for each month you wish to stay. (Remember, the tourist visa can be approved for 3,6 or 12 months depending on your evidence).

The Balance of Family Test measures the applicants ties to Australia. To pass the test, the visa applicant must show at least half of their children are living in Australia.