If you receive a notice of intention to consider cancelling your visa, you will have a limited amount of time to respond. That’s why it’s important to get good advice early because sometimes you only have 5 days before your response is due!
Visas can be cancelled for a number of reasons, including:
- On character grounds (not limited to being sentenced to a term of imprisonment);
- Because you gave incorrect information in your application or on your incoming passenger card;
- Because there is a statutory reason to cancel your visa;
- Because the person in your family who is the primary visa holder has had their visa cancelled;
- Because it is decided that you no longer need or are entitled to the visa you hold; or
- Because you have failed to comply with a condition (such as changing employers or having your sponsorship be withdrawn)
Visa cancellations are intricate matters and added complications can arise without much warning. Considering the consequences, which may involve being detained at an immigration detention centre or being banned from ever returning to Australia, it isn’t something to take lightly.
Bridging visas in Australia are labelled A through F, and WR. They can bridge the gap between the end of one visa and the start of another, or they can act to make sure that you are lawfully present in Australia while you are awaiting the outcome of your application. The type of bridging visa you are granted determines the rights you have (such as work or travel), and there are strict rules about moving from one bridging visa to another. If you are going to hold a bridging visa, it is important that you know when it starts and what it lets you do, as well as what restrictions it has.
CHANGING CONDITIONS AND PERMISSION TO WORK
Some conditions on visas can be changed or removed, in certain circumstances. Changing or removing conditions is usually determined by reference to policy, and it can be difficult to navigate if you aren’t experienced in this very specific area of immigration law. Lucky for you, we have done this before and we can advise you on what you need to provide in order to give your request the best chances of success!
Partner visas are currently taking between 2 ½ and 3 years to process. That’s why it’s important to make sure that your application is as complete and compelling as possible the very first time that a decision-maker looks at it. With more than a decade’s experience in preparing partner visa applications we can help point you in the right direction when it comes to what types of evidence you should include; the legislative provisions which the Department must follow when determining whether your relationship is “genuine and continuing”; and making sure that your application has the best chances of success.
CHILD VISAS AND ORPHANED RELATIVE VISAS
Being separated from children or young siblings for whom you are responsible is a scary thing, and often arises through circumstances outside of your control. Knowing that you have prepared your application as best you can, and therefore giving your child or siblings the best chance of being successful at the Department or primary stage, is something you can do to take back that control and give you peace of mind. We can help with that.
Being recognised as an Australian Citizenship is a privilege, but there are many people living in Australia who have been unfairly denied that recognition or who are scared to apply because they fear they will be refused on character grounds or because of lack of evidence.
With more than a decade of experience in Citizenship law, as well as preparing policy submissions to and appearing before the Senate Committee on Legal and Constitutional Affairs, we are well placed to give you honest and accurate advice about your prospects of success both for your initial application and on review.
VISITOR / SHORT STAY PARENT VISAS
There are many different types of visitor or short stay visas. Some are granted for as little as 28 days, and others for as long as 4 years. There are specific visas for tourists; visiting family members; people coming to Australia for conferences, sporting tournaments or internships; and parents. Some require supporters, sponsorship, or invitation, and some don’t. Some are able to be reviewed at the AAT if they are refused at the primary stage, and some don’t.
Each visa stream has its own requirements to be met and documents to be provided, and the cost of the Department’s application fee varies as well. It is probable that you would be eligible to apply for multiple streams within the visitor visa / short stay visa program, and this is why you should get full and complete advice about all of your options before you start.
MINISTERIAL INTERVENTION REQUESTS
If your application to the Administrative Appeals Tribunal has not been successful, you may have the right to ask the Minister to grant you a visa in the public interest. Ministerial intervention requests need to be prepared thoroughly, with reference to the correct policy guidelines, because you don’t usually get the opportunity to make another request if your first one is unsuccessful. With the Minister choosing to intervene less and less, it is really important that your request has the best prospects of success the first time around, because you may not have another opportunity.
SCHEDULE 3 WAIVERS
Schedule 3 can result in an unsuccessful visa application, which in turn means that you may be prevented from making another visa application in Australia. The question of what is “compelling” or “exceptional” can be hard to answer, and even more difficult to prove. If you are worried that schedule 3 criteria may need to be waived in order for your visa application to be successful, it is important to get good advice before you start to prepare your documents.
PIC 4020 RESPONSES
A finding that you have breached Public Interest Criteria 4020 may result in you being prevented from making another visa application for ten years. Ten years! If you have been accused of providing a false document with a visa application, it is really important to make sure that your response helps your case and doesn’t hinder it.
REMOVING CONDITION 8503
If you have condition 8503 attached to your current visa, you cannot apply for another visa in Australia unless it is a Protection visa. It is possible to have this condition removed, if exceptional circumstances beyond your control have arisen since the date your visa was granted. These requests can be tricky, and you need to make sure that you make this request well before your visa expires, because these decisions can sometimes take a long time to be finalised.
ASSISTANCE TO REGISTERED MIGRATION AGENTS IN COMPLEX MATTERS
Even experienced Registered Migration Agents come across matters that seem to have no answer or no answer which is favourable to their client. It helps to talk this through with someone else and to work together to arrive at the solution which your client deserves. If you are a Registered Migration Agent and can’t seem to find the right visa for your client; if you are concerned that your client’s circumstances will make their matter more complex; or if you have been thrown a curveball and aren’t sure of the best way to deal with it – we can help you find the right answers to give your client the best service.
PROTECTION AND REFUGEE VISAS
If you have left your home country and cannot return because you will be persecuted, you may be able to apply for protection in Australia if the reason for the harm you fear is based on your:
- Political opinion; or
- Membership of a particular social group
If you fear that you will be subjected to torture, or detained unfairly or without good reason, or subjected to cruel, inhuman or degrading treatment or punishment if you return to your home country, you may be able to apply for protection in Australia.
If you have family members or friends living overseas who have been found to be refugees by the UNHCR or who fear they will be targeted for one of the reasons listed above, you may be able to sponsor them to migrate to Australia on a humanitarian visa.
These visas have serious repercussions and should never be taken lightly. Sadly, many people are refused by the Department because they don’t provide enough evidence, or they can’t provide the type of evidence that the Department asks for. It is important to speak to an experienced professional to make sure that your application has the best chances of success.