Frequently Asked Questions

http://dearmckenzie.com/category/my-heart/ These answers should never be substituted for thorough legal advice.

Fussa You should bear in mind that every case is different and the answers to these questions will likely vary depending on your individual circumstances. To consult an immigration lawyer about a question you have, please contact us.

For questions regarding our Migration Assessment Service please refer to the Frequently Asked Questions: Migration Assessment page.

  1. Why should I use a Migration Agent or Immigration Lawyer?

    Many migration service providers are staffed by migration agents who are not lawyers. Our staff comprises lawyers who benefit from the years of training and solid legal background that a law degree provides. This benefit naturally extends to our clients. Additionally, only a lawyer, and not a migration agent, will be able to represent you in a court of law, should your matter require it.

  2. How do I know which type of visa I should apply for?

    There are over 130 types of visas that allow non-Australian citizens to visit, work and live in Australia. If you are confused it is best to seek advice, as applying for the wrong visa will waste time, money and may damage your future prospects of obtaining a visa to Australia.

    The correct visa for you will depend on a range of factors including:

    • your age;
    • what you want to do in Australia (e.g. work, study, get married);
    • whether you have an employer or family sponsor;
    • your educational and business background;
    • whether you are inside or outside of Australia;
    • what visa you currently hold;
    • whether you have a skill which is in demand;
    • your history of obtaining visas to Australia;
    • your health and character;
    • you nationality; and
    • numerous other considerations.

    Please see our information on Australian immigration law for an outline of some of the different types of visas.

  3. Do you provide a guarantee?

    No. The ultimate decision-maker is the Department of Immigration (or the relevant tribunal) and we cannot guarantee that they will always make the decision anticipated, or that the law will not change.

    However, we are legally and ethically bound to provide you with frank and honest advice and will only lodge visa applications which have a reasonable chance of success.

    To assure you, we have a 100% success rate.

  4. How do I apply for permanent residency?

    There is no "permanent residency" visa. There are actually more than 130 different kinds of visas which can roughly be divided into those that give you permanent residency and those that give you the right to only stay temporarily. The requirements for obtaining each visa differ, as do the conditions attached to them. If you are interested in becoming a permanent resident you should contact us for an assessment of your eligibility for a permanent Australian visa.

  5. I/my family member is unwell, can I still get a visa?

    This will depend greatly on what your particular health concern is and which visa you are applying for. If you do not pass the health checks it is likely your visa application will be refused, in which case you may have a right of review by a tribunal. It is often very difficult to overturn a departmental decision on health grounds, and it is advisable to contact us for advice for your case.

  6. Can't I just prepare my visa application myself?

    While many people decide to complete visa applications without professional assistance, migration law is an area of law that changes regularly. It is similar to going to court by yourself; it is possible, but not recommended.

    An immigration lawyer will help you decide which visa is best suited to your circumstances based on the current legislative requirements. They will also ensure your application contains the most relevant and complete documentation, which can mean the visa application is smoother and visas can be approved more quickly.

    Applying for the wrong visa can also cause you problems. All visa refusals must be notified to the Department of Immigration each time you apply for a new visa and if your visa has expired and your application is refused you generally need to leave Australia in order to apply for a different kind of visa. It is, therefore, vitally important that you get it right the first time. Professional assistance will help you do that.

  7. What conditions apply to my visa?

    Most visas are granted subject to some kind of visa condition.

    Conditions which apply vary:

    • on the type of visa; and
    • on your case - some conditions are imposed as a matter of discretion.

    Common conditions can limit your work rights, study rights, or ability to apply for another visa while in Australia.

    Once you have been granted a visa, the conditions attached to that visa should be outlined in the approval letter you receive from the Department of Immigration and will be printed on your visa label (conditions are identified by a 4-digit number, beginning with the number 8) if you have one.

    If you are unsure about which conditions are attached to your visa, you should seek clarification.

  8. Can I renew my visa to extend my stay in Australia?

    A visa cannot be "renewed", but in cases where you do not have a "No Further Stay" condition attached to your visa, you may be permitted to lodge a new visa application to extend your stay in Australia. If you do not apply for a new visa before your current visa expires, you will become unlawful and your options become severely limited. It is advisable to seek professional assistance regarding your options.

  9. What if my visa expires?

    If you have lodged an application for a new visa while holding another valid visa in Australia, the first visa will remain in effect until it expires. If the new visa is granted, it will replace the first visa. If the first visa does expire while you are waiting for a decision from the Department of Immigration, you will generally be granted a bridging visa, which allows you to remain lawful in Australia during the processing of your application. It is best to consult an immigration professional to be sure whether you will be granted a bridging visa in this situation.

  10. When do I become a citizen/get an Australian passport?

    You will not automatically become a citizen. An application is necessary and as of 1 October 2007, this includes the need to sit and pass a multiple-choice "citizenship test". If you have any questions about your eligibility for becoming a citizen, you should seek advice. Once you are granted citizenship, you can obtain an Australian passport from any approved passport issuer, for example, an Australia Post Office.

  11. Will I lose my native citizenship if I take up citizenship of Australia?

    This depends on the laws in the country you are from.

    Australia allows dual citizenship. However some countries such as Singapore and Germany do not and you may lose your citizenship if you apply to become a citizen in Australia. If you are concerned, we suggest you contact your local embassy or consulate.

  12. What is the difference between Permanent Residence and Citizenship?

    Australian permanent residents and Australian citizens enjoy many of the same benefits. Citizenship, however, cannot be "cancelled". Many people live in Australia for years, even decades, as permanent residents without officially becoming citizens. However, your status in Australia is far more secure if you become a citizen.

    Major differences between permanent residency and citizenship include:

    1. Permanent residency can be revoked under certain circumstances;
    2. Although you can live and work in Australia for an indefinite period as a permanent resident, you have to periodically re-apply for resident return visas every few years if you want to travel in and out of Australia; and
    3. If you are outside Australia for significant periods of time you can lose your residency altogether. Generally to renew residency you need to be physically present in Australia for 2 out of the most recent 5 years. However, there are some exceptions if you have significant links to Australia that are of benefit to Australia.
    4. Only citizens benefit from Australian consular protection when overseas;
    5. Citizens can return to Australia after any length of time overseas;
    6. Citizens can obtain and travel on Australian passports.

    Broadly, permanent residency is still a visa. As with any visa, it can be cancelled in limited circumstances. The visa regime can also change, which means that the requirements for obtaining a residents return visa, for example, might become more onerous over the years.

  13. What do I do if my visa application is refused?

    You may be able to have the decision reviewed by the MRT or the RRT. Very strict timeframes apply and you must apply within the dates set in your visa refusal notification. The tribunals generally charge a fee.

    If the MRT or the RRT upholds the original decision, in some cases a further appeal to a court may be advisable. You would need an immigration lawyer to assist you with this.

    Due to the strict timeframes and the complicated nature of review generally, you are strongly advised to contact a migration professional as soon as you receive a visa refusal.

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