Frequently Asked Questions

General

General Migration Questions

You are not legally required to use a migration agent for most visa types. However, Australian immigration law is complex, constantly changing, and a poorly prepared application can result in refusal, delays, or adverse character or credibility findings that affect future applications. For complex cases - skilled migration points tests, partner visas, employer sponsorship, or any case involving prior refusals - professional representation significantly improves your chances and protects you from costly mistakes.

The Migration Agents Registration Authority (MARA) is the government body that regulates migration agents in Australia. Only MARA-registered agents can legally charge fees for providing migration assistance in Australia. MARA registration requires agents to meet ongoing professional development requirements and adhere to a Code of Conduct. Always check that your migration agent is registered - you can verify at www.mara.gov.au. Our MARN is 1069570.

Processing times vary enormously by visa type, applicant nationality, completeness of the application, and current Department workloads. Simple visitor visas can take days; skilled migration visas take months to over a year; parent visas can take years. The Department of Home Affairs publishes indicative processing times at their website, but these are averages and individual cases may differ. We always provide realistic timeframe expectations at the outset of your case.

Many visa refusals can be reviewed by the Administrative Review Tribunal (ART). Whether a review is available depends on the visa type and where you are when the decision is made (onshore or offshore). Review applications must be lodged within strict time limits - usually 21 to 70 days from the decision. If your visa has been refused, contact us immediately. Time is critical. See our ART Review page for more information.

Overstaying a visa is a serious matter. Once your visa expires, you become an unlawful non-citizen. This can result in detention and removal, and a mandatory three-year exclusion period from Australia (Section 48B bar) that can affect future visa applications. If you are approaching visa expiry, contact us urgently to discuss options for extending your stay or lodging a new visa application before your current visa expires.

Skilled Migration

Skilled Migration - 189, 190, 491

SkillSelect is the Department of Home Affairs online system for managing Expression of Interest (EOI) submissions for skilled migration visas. You submit an EOI with your personal details, occupation, and points score. The Department holds regular invitation rounds and invites the highest-scoring candidates in each occupation to apply for a visa. The cutoff scores change each round based on demand. We help you submit the strongest possible EOI and advise on which round you're likely to be invited in.

Points are awarded across several categories:

Age: Maximum 30 points (25-32 years old)
English language ability: Up to 20 points (Competent to Superior)
Skilled employment (overseas & Australian): Up to 20 points each
Educational qualifications: Up to 20 points
Australian study: 5 points
Specialist education (STEM): 10 points
Partner skills/English: Up to 10 points
State/territory nomination: 5 points
Regional study: 5 points
Professional year: 5 points

The minimum to submit an EOI is 65 points. Competitive invitation scores are typically 80-90+ points. We calculate your exact score during an assessment.

A skills assessment is a formal assessment of your qualifications and work experience by the relevant assessing authority for your occupation. Almost all skilled migration applicants need a positive skills assessment before submitting their EOI. The assessing body depends on your occupation - for example, Engineers Australia assesses engineers, VETASSESS assesses many professional occupations, and ACS assesses ICT occupations. Skills assessments are valid for a set period (typically 3 years) and must not have expired at the time of your visa application.

The Subclass 189 is a points-based permanent visa with no state nomination requirement - you can live anywhere in Australia. It requires a higher points score to receive an invitation. The Subclass 190 requires nomination by a state or territory government, which gives you an additional 5 points, but you must commit to living in the nominating state for at least two years. For many applicants, the 190 is the faster pathway to permanent residency. We assess both options and advise on the best strategy for your profile. See our Skilled Migration page.

Partner Visa

Partner Visa - 820/801 & 309/100

The Department assesses genuine relationships across four key areas:

Financial: Joint accounts, shared bills, financial support, shared assets
Household: Shared living arrangements, shared domestic responsibilities
Social: Recognition by family and friends, joint social activities, photos
Commitment: Duration of relationship, knowledge of each other, future plans, legal recognition

Evidence should be specific, dated, and cover the full history of your relationship. We help clients build a comprehensive, well-organised evidence dossier. See our Partner Visa page.

Yes. De facto (defacto) relationships are recognised under Australian immigration law. You generally need to show that you have been in a genuine de facto relationship for at least 12 months before applying (some exceptions apply, including if you are registered as domestic partners in an Australian state or territory). We assess your specific situation and advise on whether you meet the de facto relationship requirement.

The onshore 820/801 process is two stages. The temporary 820 stage is typically granted within 12-24 months. You then need to wait a further 2 years from the initial 820 application date before you can be assessed for the permanent 801 stage. Total time from application to permanent residency is typically 3-4 years. The offshore 309/100 follows a similar timeline. Processing times can vary significantly by case complexity.

A partner visa refusal can be reviewed by the Administrative Review Tribunal (ART). If you are onshore, a review application must be lodged within 21 days. At review, you have the opportunity to present additional evidence and argue your case. Many partner visa refusals are overturned on review with proper legal representation. If your partner visa has been refused, contact us immediately - the time limit is strict. We have significant experience with partner visa review cases.

Student Visa

Student Visa - Subclass 500

The GTE requirement asks whether your primary intention in coming to Australia is to genuinely study, rather than to use the student visa as a backdoor migration pathway. Case officers assess factors including your immigration history, circumstances in your home country, ties to home (family, employment, property), and whether the course aligns with your stated study and career goals. A strong personal statement clearly articulating why you want to study in Australia and your plans to return home is critical to a successful student visa application.

Yes. Student visa holders can generally work up to 48 hours per fortnight during study periods, and unlimited hours during scheduled course breaks. These conditions were tightened in 2023 after COVID-era unlimited work rights were removed. Your family members included on your student visa also generally receive work rights. You should always check your individual visa grant notice for your specific conditions.

English requirements depend on your education provider and the course you're enrolling in. For university programs, most providers require IELTS 6.0-6.5 overall. For TAFE/vocational programs, requirements are typically lower (IELTS 5.5). Some providers have their own English tests or pathways for students who don't meet the IELTS requirement. Your Confirmation of Enrolment (CoE) from your provider specifies the English requirement for your specific enrolment.

Employer Sponsored

Employer Sponsored - 482 TSS & 186 ENS

The Subclass 482 (TSS) is a temporary visa - typically valid for 2 or 4 years - that allows employers to sponsor skilled workers to fill specific positions. The Subclass 186 (ENS) is a permanent employer-sponsored visa. Many workers use the 482 as a stepping stone to the 186 - once you have worked for an employer for 2-3 years on a 482, you may be eligible to apply for permanent residency through the Employer Nomination Scheme. We advise on both the temporary sponsorship and the permanent pathway. See our Employer Sponsored page.

Approved sponsors must meet significant obligations including: paying the sponsored worker at least the market salary rate, not recovering sponsorship costs from the worker, meeting training levy (Skilling Australians Fund) requirements, cooperating with inspectors, and notifying the Department of changes. Sponsors who breach their obligations can be barred from sponsoring in the future and may face civil penalties. We assist employers in understanding and meeting all their sponsorship obligations.

You can change employers on a 482 visa, but your new employer must also be an approved sponsor and must lodge a new nomination for you to work in the sponsored occupation. You should not start working for a new employer until the new nomination has been approved. There is a 60-day grace period if you cease working for your current sponsor - within this time you must find a new sponsor, apply for another visa, or depart Australia. We advise on the correct process for changing employers on a 482.

Family Visas

Parent, Family & Visitor Visas

Parent visas are in extremely high demand relative to the number the Australian Government allocates each year. The non-contributory visas (103 and 804) have queues that can span 20-30 years because they are lower cost and therefore very popular. The contributory visas (143 and 173/143 combination) are processed much faster - typically 3-5 years - because they require the payment of a substantial second visa application charge (currently around AUD $43,600). Many families use the 173 temporary visa to bring parents to Australia sooner while waiting for the 143 permanent visa. See our Parent Visa page.

The balance of family test requires that either: (a) at least half of the applicant's children live lawfully and permanently in Australia; or (b) more of the applicant's children live lawfully and permanently in Australia than in any other single country. This test must be met at the time of application and at the time of decision. Legally adopted children count. We assess the balance of family test for every parent visa client as a first step.

Common reasons for visitor visa refusal include: insufficient ties to home country (the officer is not convinced you'll return), inadequate financial evidence, prior immigration violations, undisclosed previous refusals, or health/character concerns. You can reapply, but a previous refusal must be disclosed and the new application must directly address the reasons for refusal. Reapplying with the same evidence is likely to result in another refusal. We specialise in visitor visa reapplications after refusal and can significantly improve your prospects. See our Visitor Visa page.