Frequently Asked Questions

GENERAL

  • There are over 70 visa subclasses and a handful of citizenship pathways in the Australian immigration system. That’s a lot, right? Now, imagine trying to navigate that without a clue what to do. Eek!

    Popular visas include:

    • Skilled visas – for qualified professionals and tradies with the skills Australia needs.

    • Employer-sponsored visas – when a business spots you and says “you’re the one that I want” (Olivia Newton-John vocals not included).

    • Family visas – for partners, parents and kids who’d rather drive each other crazy in person rather than via FaceTime.

    • Temporary visas – visitor, student, tourist, and other short-term options (a taste of Aus without the long-term commitment!)

    And that’s just the tip of the iceberg.

    Every category has its own eligibility rules, document requirements, and processing quirks. Feeling a migraine coming on? Just call us Panadol, as that’s where we step in. If there’s a pathway, we’ll find it — and make it seamless. No guesswork. No headaches. Just results.

  • short answer: it depends.
    long answer: it really depends.

    THERE’S A LOT OF INFO OUT THERE, AND GUESSING THE ‘RIGHT’ VISA IS RISKY. YOU CAN waste TIME, lose MONEY AND RISK YOUR CHANCE AT AUSSIE AUSSIE AUSSIE, OI OI OI ALTOGETHER.

    THE ‘RIGHT’ VISA IS SHAPED BY YOUR SKILLS, WORK EXPERIENCE, FAMILY AND LONG-TERM GOALS - we get that. the visa system isn’t a lucky dip - it’s a strategy game. One we know how to play.*

    * unlike Chess. Honestly, it’s just so difficult.

  • Migration agents are pros who can:

    • tell you which visa might work

    • fill in the paperwork without the headaches

    • help with tribunal applications or Ministerial Intervention requests

    • communicate with the Department of Home Affairs on your behalf

    Agents complete a one-year Graduate Diploma and a capstone exam to be registered with MARA. So that’s no walk in the park.

    Immigration lawyers (that’s us!) do all that and then some.

    We’re:

    • fully qualified Australian lawyers

    • admitted to practice in the Supreme Court,

    • registered with the Victorian Legal Services Board, and

    • bound by strict professional and ethical standards.

    We:

    • handle complex visa applications

    • run tribunal appeals (merits review)

    • run court appeals (judicial review)

    • prepare ministerial intervention requests

    • look at your case with an eye for broader legal issues that may impact your visa.

    Plus, we’re covered by legal professional privilege — your secrets are safe with us (legally speaking).

    Lawyers have, at a minimum, completed:

    • Law school (3 + years)

    • a Graduate Diploma of Legal Practice.

    For extra oomph (and because she’s a nerd), our founder has:

    • completed 2 years of supervised legal practice;

    • years of experience across immigration and administrative law;

    • obtained her Principal Practising Certificate; and

    • earned a Masters of Law.

    We don’t want to say we live and breathe law, but it’s definitely a dinner table conversation.

  • technically - yes. realistically - why would you want to?

    immigration law is one of the most complex and fastest changing areas of law in australia. working with a qualified immigration lawyer helps you:

    • IMPROVE ACCURACY (no “oops” moments).

    • REDUCE THE RISK OF REFUSAL.

    • HANDLE COMPLEX SITUATIONS (we’re talking prior refusals, cancellations or character issues).

    • LEAVE THE HEADACHES TO THE PROFESSIONALS.

    diy ikea furniture, not visas.

  • Ah — the golden question.

    Visa processing times can be all over the place, and vary wildly depending on visa type, case complexity, the quality of your evidence, and even government quotas.

    Also - that’s before you factor in the time it takes to prepare your application. Yikes.

    Some visas zip through. Others? You could grow a beard waiting.

    We can’t speed up the Department’s queue, but we polish every detail to give your application the best shot. That’s a complete, tidy package for the case officer (cutting down the back-and-forth) and the smoothest, streamlined process for you (fingers crossed).

  • FIRST RULE - DON’T PANIC.

    REFUSALS AND CANCELLATIONS ARE STRESSFUL BUT THEY’RE NOT ALWAYS THE END OF THE ROAD. THE KEY? ACT FAST - APPEAL AND REVIEW WINDOWS ARE SHORT AND STRICTLY ENFORCED.

    EVERY STEP IN APPEALING A DECISION IS TECHNICAL, TIME-SENSITIVE AND HIGH STAKES - DON’T DO IT ALONE. LET THE PROFESSIONALS HANDLE IT.

  • Visas can be cancelled for:

    • failing to meet visa requirements

    • breaching visa conditions

    • failing the character test (e.g., criminal convictions)

    • providing false or misleading information or documents

    • and more

    If you get a Notice of Intention to Consider Cancellation, seek advice immediately — every minute counts.

  • a bridging visa keeps you lawfully in australia while your main visa application is being processed, a decision is under appeal, or while you finalise your departure.

    there are several types of bridging visas, each with different conditions. some let you work, some let you travel, some let you apply for further visas… and some don’t.

    CAN YOU SAY CONFUSING? WE CAN. BUT WE WON’T. BECAUSE WE KNOW BRIDGING VISAS inside out and we’re happy to help (and also have a look at that main application while we’re at it!)

  • Maybe! It depends on what visa you currently hold.

    On a substantive visa (a valid, non-bridging visa), you might be able to travel and come back while your new visa is in the works — passport in hand, fingers crossed.

    On a bridging visa? Check the fine print. Many of these little gems love to limit travel.

    Leaving without the right visa isn’t just risky - it can lock you out of Australia and have serious consequences. So, travel smart, or don’t travel at all (please!)

FAMILY AND PARTNER VISAS

  • Besides our absolute favourite visas to do (we’re romantics… with a law degree!) the partner visa pathway is Australia’s way of saying love knows no borders … at least not permanent ones.

    If you’re the spouse or de facto partner of an Australian citizen, permanent resident or eligible NZ citizen, you may be able to live, work and study here  while you build your happily ever after.

    The two-staged process is firstly applying for a temporary partner visa (a subclass 820 for onshore applicants; or a subclass 309 for offshore applicants). After a qualifying period – and provided your relationship is still genuine and you meet the eligibility criteria – you may  be granted permanent residency through a subclass 801 (for onshore applicants) or 100 (for offshore applicants).

    Cue the confetti.

    Partner visas are one of the most common ways couples build a life here. So, obviously, they’re also heavily regulated and scrutinized – full of fine print that can derail an application (hello section 48 bars and Schedule 3 nightmares). Luckily, we’re here to help.

  • Stop right there! We love a holiday romance as much as the next one, but an Aussie fling won’t get you a visa!

    To qualify, we’re generally looking at:

    • marriage; or

    • having living together in a de facto relationship for 12 months (although there may be exceptions…)

    You must also prove that your relationship is genuine + ongoing with evidence of:

    • shared finances

    • living together

    • social recognition

    • your real commitment.

    Sunset cocktails and an Insta post does not equal partner visa. A real life, take them home to mum and dad, argue over who has to clean the loos? That’s much closer.

  • WE HOPE SO! THERE ARE A NUMBER OF FAMILY VISA PATHWAYS DESIGNED TO REUNITE FAMILIES IN AUSTRALIA, OFFERING BOTH PERMANENT OPTIONS FOR PARENTS AND CHILDREN.

    FOR PARENTS, options may include:

    • CONTRIBUTORY PARENT VISAS (INCLUDING subclasses 884, 864, 173, 143);

    • NON-CONTRIBUTORY PARENT VISAS (INCLUDING SUBCLASS 804 and SUBCLASS 103); AND

    • SPONSORED PARENT VISAS (SUBCLASS 870).

    parent visas are notoriously complex, with factors like age, visa cost and the cap and queue system affecting which visa is “right” for you. for example, non-contributory visas are cheaper (yay) but have significantly longer processing times (we’re talking decades).

    visa pathways for children include the child visa (subclasses 101 or 802) and the dependent child visa (subclass 445). THESE VISAS HELP CHILDREN (INCLUDING STEP-CHILDREN AND ADOPTED CHILDREN) OF AUSTRALIAN CITIZENS OR PERMANENT RESIDENTS REUNITE WITH THEIR PARENTS.

    EASY? WE THINK SO. THERE ARE A RANGE OF OTHER VISA OPTIONS THAT WE CAN ALSO USE TO BRING FAMILIES TOGETHER - FROM CARER, TO ORPHAN RELATIVE TO REMAINING RELATIVE VISAS.

    WE’D LOVE TO CHAT ABOUT YOUR NEXT FAMILY REUNION.

  • In many cases, yes! You might be eligible to apply for a Visitor Visa or other Visa while we’re waiting.

    Whether that’s the right move depends on your circumstances, the visa you’ve applied for and the status of that application.

    We’d be happy to advise.

  • The Balance of Family Test (or, as we like to call it, the BoF Test) is a key eligibility requirement for Parent Visas, designed to measure your family links to Australia.

    To meet the test, you need to show that:

    1. At least half of your children or stepchildren are eligible children (that is, they hold Australian citizenship, permanent residency or eligible New Zealand citizenship status and live in Australia); or

    2. You have more eligible children living in Australia than in any other country.

    So, if you have two Aussie citizen daughters living on the sunsoaked Queensland coast, and one child in Manhattan? You’re in luck. Not only do you meet the BoF Test, you also have a great place to holiday.

    There’s no waiver criteria for the BoF Test - even in compelling or compassionate circumstances - so it’s important to stop, assess, and get it right.

skilled and employer

sponsored visas

  • Yep. Think Australia’s Got Talent - Department of Home Affairs’ style. Less glitter (boo!) and more competition (boo!) - but it is a pathway to permanent residency (yay!)

    Australia’s skilled migration points test scores applicants on factors like:

    • age

    • qualifications

    • skilled work experience

    • English proficiency

    and more.

    Why? Well, it ranks applicants who can fill skills shortages and contribute to Australia’s economy. A win-win for Oz.

    To get into the game, you need to meet the minimum points to lodge an Expression of Interest (EOI). But the reality is simple: the higher your score, the stronger your chances of an invitation for PR.

    It’s a two-step process — and precision matters. Claim the wrong criteria, calculate points incorrectly, or let your EOI become outdated, and things can unravel quickly.

    In this super competitive and highly sought-after pathway, accuracy isn’t optional. It’s everything. you need to get it right.

  • Maybe! I know, I know - we’ve said that word a bit. BUT THAT’S THE NATURE OF IMMIGRATION LAW.

    australian employers can sponsor overseas workers under visas such as the:

    • subclass 482 skills in demand visa;

    • subclass 186 employer nomination scheme; or

    • subclass 494 skilled employer sponsored regional (provisional) visa.

    Remember, each visa has unique eligibility criteria for both the employer and employee. This is because businesses must meet sponsorship requirements (that’s right, we need to go digging!) and applicants? They need the right skills, the right experience, and an occupation that is on The List.

    Sound like a headache? Not for us.

  • Some visa subclasses require a formal skills assessment, registration or licence — the government’s way of checking your qualifications and experience meet Australian standards.

    Others don’t. And depending on your occupation, you may even fall into an exemption category. The tricky part? Knowing which rules apply to you.

    This isn’t something to guess.

    WE’LL TELL YOU EXACTLY WHETHER YOU NEED A SKILLS ASSESSMENT, REGISTRATION OR LICENSING — OR WHETHER YOU’RE EXEMPT AND CAN SKIP THE COST, THE WAIT AND THE HASSLE.

  • The Skilling Australians Fund (SAF) levy is a mandatory training contribution for businesses sponsoring overseas talent. In short: if you’re bringing in skilled workers, you must also invest in training Australians.

    Employers sponsoring under the Subclass 482 (Skills in Demand Visa), Subclass 494 (Skilled Employer Sponsored Regional) and Subclass 186 (Employer Nomination Scheme) must pay the SAF levy.

    The amount depends on your business turnover and the length of the sponsorship period.

    And here’s the part many employers miss: this cost is yours — not the worker’s — and it can be substantial. If you’re not prepared early, it has a habit of showing up as an unwelcome (and expensive) surprise at lodgement.

    We make sure you know exactly what to expect so there are no shocks later.

  • The cost of sponsoring an overseas worker depends on a few key factors — the visa type, your business size and turnover, and how long you want to sponsor the worker for. Importantly, some costs must be paid by the business under Australian law. These cannot be passed on to the applicant.

    Example: Subclass 482 (Skills in Demand) Visa

    If your business sponsors a worker under a 482 Skills in Demand Visa for four years, and your annual turnover is under $10 million, here’s what the government charges look like:

    • Sponsorship application charge: $420

    • Nomination charge: $330

    • Skilling Australians Fund (SAF) levy: $1,200 × 4 years = $4,800

    Then there’s the visa application charge, which starts at $3,210 and increases if family members are included. This fee can be paid by either the business or the applicant.

    Other costs to keep in mind:

    • Labour Market Testing expenses: advertising and recruitment costs to show genuine efforts to hire locally.

    • Professional service fees: immigration lawyer or accountant fees, where relevant.

    Every case is different — costs shift based on turnover, visa pathway and business needs.
    If you want a clear, tailored rundown, we can break these numbers down in a TMS Strategy Session. Easy peasy.

STUDENT AND OTHER
TEMPORARY VISAS

  • Right now, student visas are one of the most refused and cancelled visa categories. Between you and us, they’re an absolute schmozzle.

    The main hurdles for a successful application? Proving you’re a genuine student, and that you can afford to live and study in Australia.

    On the cancellation side? Breaches. Failing to hold health insurance. Working more than allowed. Not updating your details, or attending your course.

    The bottom line? To get a student visa, you must show that you meet the strict eligibility criteria and that your enrolment, finances and study plan are rock-solid. To keep it? Know your visa obligations and stick to the rules.

  • Enough to live, study, and get yourself home again — without solely living off bread crumbs and good vibes.

    The Department sets minimum living costs, and for a primary applicant that currently means $29,710 per year for stays over 12 months — plus tuition and travel. No, you can’t fudge it. And no, they won’t take “I’m very resourceful” as evidence.

    Bringing family? Add their prescribed living costs, travel, and school fees for the kids. (Yes, it adds up fast. We know.)

    The bottom line: you need to show you have access to enough funds to survive *and thrive) - not just scraping by. And you must present it the Department’s way: the right documents, the right evidence, in the right format.

  • Ah, the infamous Genuine Temporary Entrant (GTE) requirement — one of the biggest reasons visitor visas get refused (and one of the banes of our existence!)

    In simple terms, the Department wants to be convinced you’ll leave Australia when your visa ends - that you’re using the visitor visa pathway as intended. That means showing:

    • strong ties to your home country (work, family, property, commitments)

    • a credible, sensible travel history

    • a watertight, convincing GTE statement

    And yes — these are tougher than people think. The Department can consider a huge range of factors when assessing GTE, including things completely outside your control: the economic situation in your home country, political instability, social unrest… the list goes on.

    Which is why your GTE needs to be on point.

    Get it wrong, and your visitor visa could be toast. Vegemite toast.

  • ONLY if your visa says you can. Your work rights depend entirely on your visa subclass and any conditions attached.

    Some temporary visas let you work freely:

    • Subclass 485 Temporary Graduate — full-time work. Go forth and earn.

    Others are more… “yes, but”:

    • Subclass 500 Student Visa — capped at 48 hours a fortnight during study.

    • Working Holiday / Work and Holiday (417/462) — you can work, but only 6 months per employer.

    • Subclass 482 Skills in Demand — work allowed, but only for your sponsor.

    • Some Subclass 408 Temporary Activity streams — “some” being the key word.

    And then there are visas that say absolutely not:

    • Certain Subclass 408 streams

    • Subclass 600 Visitor visas

    • ETAs

    • Some bridging visas

    Working in Australia isn’t about your intentions, your bank balance, or what your cousin’s mate did last year. It’s about your visa conditions — and breaching them can have serious (and scary) consequences.

  • Sometimes! If you’re thinking about extending your stay or switching visas, speak to us first.

    Some temporary visa holders can extend their stay or apply for another visa onshore. It might look simple, but it usually requires a strategic approach.

    Others are trickier. “No Further Stay” conditions can block onshore applications. Previous refusals or cancellations? That can make things even more complicated.

    Immigration law isn’t a guessing game. Getting the formula right is essential for protecting your Australian immigration future.

permanent residency and

citizenship

  • There’s more than one road to PR — the trick is picking the one that works for you.

    The most common pathways include:

    • Skilled migration

    • Family visas

    • Employer sponsorship

    • National Innovation & Talent streams

    Each comes with its own eligibility rules, criteria, paperwork maze, and processing timelines. No one-size-fits-all here — it’s all about your skills, circumstances, and long-term goals.

    If Aussie PR is on your wishlist, consider us your strategic guides (fairy godmother vibes optional, but we’re pretty good at magic. Just ask our clients!).

  • We bloody hope so, mate!

    There are a few ways to snag Australian citizenship, but the most common is citizenship by conferral. That usually means you need to:

    • meet the residency requirement

    • be of good character

    • show a close and continuing connection to Australia

    • pass the citizenship test

    But here’s the catch — migration isn’t always straightforward. What if you don’t meet the residency rule? Does everyone really have to sit the test? Are there exceptions?

    Maybe! And if there’s a way to streamline your application or make it less painful, we’ll find it. No fuss, no guesswork — just results.

  • To meet the general residence requirement, you need to have lived lawfully in Australia for four years, including at least 12 months as a PR, before you apply.

    Short holidays and work trips won’t usually affect your eligibility. If your overseas travel totals less than 12 months during those four years — and less than 90 days in the 12 months immediately before applying — you’re generally still good to go.

    We hate maths. But we’ll do the calculations as a favour for you.

  • Reach out to us! In some cases, the Minister can use discretion to treat you as if you meet the residence requirements, even if you technically don’t. There are also Special Residence Requirements for people making a positive contribution to Australia, and a Defence Service Requirement for eligible applicants.

    The bottom line: not meeting the general residence requirement doesn’t have to be the end of the road, as long as we’re in the driver’s seat, of course.

  • Usually yes - but not always! If you’re over 60, or have an incapacity or impairment, you may be off the hook. We can help you navigate what to expect through your citizenship application process.

I HAVE MORE

QUESTIONS

… AND WE’VE GOT THE ANSWERS.

IN OUR FREE 15 MINUTE TMS STRATEGY SESSIONS, WE’LL GET TO THE BOTTOM OF YOUR QUERIES, YOUR GOALS AND PROVIDE YOU WITH SMART, SHARP AND TAILORED ADVICE - GETTING YOU ONE STEP CLOSER TO THAT SUNKISSED AUSTRALIAN PASSPORT.

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