FREQUENTLY ASKED QUESTIONS (FAQs)
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Immigration lawyers are legal practitioners who hold Australian practising certificates issued by a state or territory. Our highly experienced immigration lawyers can offer immigration advice as part of their legal practice, without the need to register with the Office of the Migration Agents Registration Authority (OMARA). Unlike migration agents, lawyers can advise on both judicial and merits review of visa applications that have been refused or cancelled.
Migration agents, on the other hand, usually handle visa applications and are limited to providing immigration assistance, without being able to offer advice on judicial review appeals.
Immigration laws and policies are frequently updated, so it's important to seek the advice of knowledgeable lawyers who can provide you with the best guidance for your particular situation. Australia's immigration policy is non-discriminatory, which means that applicants from any country can apply to travel or migrate to Australia, subject to their individual circumstances.
If you're considering migrating or travelling to Australia, you'll need to submit a visa application. The immigration process can be quite complex, and to avoid costly mistakes, we recommend consulting with one of our immigration lawyers who can guide you through the process.
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This is dependent on the type of visa you are applying for. For skilled applicants applying for permanent residence, you must be under 45 years of age. There is no age restriction for partner visas.
For New Zealand citizens applying for Subclass 189 New Zealand Stream visa, there is no age restriction.
For Subclass 482 Temporary Skill Shortage (TSS) visa, there is no age limit
Under the subclass 188 Business Innovation and Investment Program, the age limit is generally 55.
For the Significant Investor Stream, there is no age limit.
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English is the official language in Australia, and having a good command of the language is crucial for immigrants to succeed in the country.
The English language requirements vary depending on the type of visa being applied for. Students and skilled workers may need to demonstrate their English language proficiency through recognised language tests. Some exemptions exist for individuals from certain countries or with certain education or work experience in English.
However, in general, having good English language skills can increase the chances of success in obtaining an Australian visa.
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It can be down to expertise, seniority, location and urgency. You get what you pay for and quality doesn’t necessarily come cheaply.
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As a result of the Covid-19 Pandemic and associated skill shortages, presently international students can work unlimited hours however from 1 July 2023, this is reduced to 48 hours per fortnight. Provided that your course has begun, you can work unlimited hours while your school is not in session.
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Your application costs will vary depending on what type of visa you are applying for and whether or not your case is a standard application or not.
We are TooRoo believe in Fixed Fees so there are no surprises when you receive a bill from a solicitor. You will have peace of mind, that the fee quoted for your visa will be the amount you pay. This is our guarantee.
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As part of your Australian visa application, you may be required to obtain police clearance certificates for each country where you've lived for more than 12 months within the past 10 years. Most long-term visas (more than 3 months) for Australia necessitate a police clearance. The Form 47P (PDF file) provides contact details for police headquarters in most countries. If your country is not listed, please reach out to us for guidance.
Please be aware that all visa applicants to Australia must disclose all convictions, including spent ones, on the visa application form. Failure to provide this information may result in the cancellation of your visa. If your visa is cancelled due to a substantial criminal record or past or present criminal conduct, you'll be permanently excluded from Australia.
Some scenarios in which a person might (but not always) fail the character test include having a substantial criminal record, being sentenced to 12 months or more imprisonment, receiving a death or life imprisonment sentence, being sentenced to multiple terms of imprisonment, being detained in a facility or institution due to being acquitted of an offence on the grounds of insanity or having an association with an individual, group, or organisation suspected of engaging in criminal conduct. Additionally, if there is a significant risk that you'll engage in criminal conduct, harass, intimidate, or stalk someone in Australia, vilify a segment of the Australian community, or incite discord in the Australian community or a segment of that community, you may not pass the character test.
However, if you meet any of these examples, you may still be eligible to apply for an Australian visa. We can create thorough submissions and recommendations to the Australian Immigration Department on your behalf, explaining the context of the offences and why you deserve to be granted a visa.
Alternatively, we can conduct research on your behalf to assess your likelihood of passing the character test based on previous immigration applications (precedents) and offer expert advice on whether you're likely to pass. This can prevent you from submitting a costly and time-consuming visa application that is likely to fail.
If you have any concerns regarding this matter, please do not hesitate to contact us for a 30-minute complimentary consultation and request to speak with one of our solicitors in strict confidence.
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A visa refusal occurs when the Department of Home Affairs rejects a pending visa application.
Before a visa refusal, you may receive a Natural Justice letter (also known as an s57 letter) that lists adverse reasons for why the Department of Home Affairs is considering refusing your visa application. This letter has a strict timeframe, and you must respond before the deadline to avoid a visa refusal. Your response should address all the issues raised by the Department and reference the latest migration laws, regulations, and policies to be successful.
In the event of a visa refusal, you may have several options, including applying for a different visa, appealing to the Administrative Appeals Tribunal (AAT), or leaving Australia. However, there is a limited window to appeal to the AAT.
If you are currently experiencing a visa refusal and need guidance, we suggest seeking assistance from one of our Immigration Lawyers to help navigate the process.
If you're considering migrating to Australia or extending your stay here, you may have questions about the process and your eligibility. To help you out, our team of experienced immigration and migration lawyers has compiled a list of frequently asked questions about certain Australian visas. We've provided answers to these FAQs to assist you in assessing your migration options.