Here are some commonly asked questions and their answers. Feel free to contact me if you have any further questions.
Why use a migration agent ?
A migration agent needs to be registered with the MARA (Migration Agents Registration Authority) and have a MARN (Migration Agents Registration Number. A RMA (Registered Migration Agents) must have completed a postgraduate course (Graduate Certificate in Australian Migration Law and Practice) or a current Australian legal practicing certificate.
Hence a RMA will be able to offer you with professional advice and assistance in applying for an Australian visa. Using an RMA also helps ensure that armed with the appropriate knowledge in the very complicated and extensive Australian Migration Law and will therefore be able to offer services to the highest professional standards.
What about the fees?
Every case is unique with differing complexity, hence the price is based on a case by case basis. However, you can expect upon signing a contract, a clear and concise breakdown of the fees and charges with respect to the services rendered, before any work is carried out.
Any consultation will be charged, with effect from 1st Jan 2017.
Click here to view the table of fees. This range of fees is set as a guide for Migration Agents to adhere when setting their own fees.
Are Migration Agents bound by any code?
Yes, of course. They have to at all times, abide by the Code of Conduct.
The Code of Conduct for registered migration agents is set out in the legislation so that the conduct of registered migration agents can be regulated. Click here to view the Code of Conduct
Does using a migration agent mean a guaranteed successful outcome of my visa application?
Definitely not. The code of conduct clearly prohibits a migration agent to offer a successful outcome. If a migration agent has assured success for your visa application that is clearly a lack of professionalism and breach of the code of conduct of this agent.
What are the different types of visas and which do I choose?
If you are planning to visit or migrate to Australia and for whatever the reason for coming to Australia, it is mandatory that you secure a valid Australian visa as it is the only way you will be allowed entry into the country. Australia’s visa system is pretty simple and requires a few basic requirements and documents. The Australian visa requirements are dependent on the various visa categories. These include business, study, medical, family, work, and holiday visas.
The categories are further divided into various sub-classes all of which have individual requirements and process of application and approval.
What happens if my visa application gets refused?
There is no 100% guarantee for all visa applications to be approved. For a notification of a visa refusal, there is always and option of a visa appeal.
Otherwise there is a time frame of 35 days from the day after receiving the notification of refusal to leave the country to avoid being unlawful.
You could choose to appeal the Department of Home Affairs decision to the Administrative Appeals Tribunal (AAT). A Registered Migration Agent can advise you on this process and assist you in the appeal. During the hearing, a Registered Migration Agent can also be present with you.
Time Limit to lodge an appeal
There is a strict 21 day from the day after receiving the notification letter from Home Affairs of the refusal to lodge and appeal to the AAT.
AAT Review Process
Application form must be submitted before the 21 days time frame onshore and it will be sent for processing until an invitation is issued to a hearing. At the meantime, it is good to gather more substantive evidence to further support the reasons for appeal.
Impact on the existing visa
By lodging an appeal, you will be allowed to remain in Australia until the appeal process is over at point of decision. Meantime, you will be on a bridging visa.
Providing further information such as new evidences
You are allowed to attach more evidence to support the claims of the appeal whilst the appeal process is still being processed for consideration by the AAT.
Outcomes of the review
There are 3 possible outcomes of the appeal
- Uphold - Where the AAT agrees with the Home Affairs on its decision to refuse the visa. Should this be the outcome, you would have 35 days from the following day of decision notice to leave the country.
- Remit - This is where AAT will turn the case back to Home Affairs for review and normally it would reverse the decision on the refusal. In this case, a 50% of the appeal fee would be refunded.
- Overturn - AAT overturns the Home Affair’s decision and the visa is no longer refused. In this outcome, a 50% if the appeal fee would be refunded.
Is your occupation in the list to apply for GSM (General Skilled Migration) or Employer-Sponsored Visas?
MLTSSL- Medium and Long Term Strategic Skills List
STSOL - Short Term Skilled Occupation List
General Skilled Migration Visas
Subclass 189 (Skilled Independent Visa - MLTSSL only)
Subclass 190 (Skilled Nominated Visa - MLTSSL + STSOL)
Subclass 489 (Skilled Regional (Provisional) Visa: State Nominated - MLTSSL + STSOL)
Subclass 489 (Family Sponsored - MLTSSL only).
Subclass 485 (Temporary Graduate Visa).
Employer Sponsored Visas
Subclass 407 (Training Visa).
Subclass 186 (Employer Nominated Scheme Visa).
Subclass 187 (Regional Sponsored Migration Scheme Visa):
Subclass 457 (Temporary Work (Skilled) Visa).
How are the skill levels assessed and classified?
How long will my visa take ?
Department of Home Affairs has an online global visa processing time. Click here to check.
Which English test do I take?
For the purposes of visa applications, the english tests acceptable by the Department are as follows:
- International English Language Testing System (IELTS)
- Occupational English Test (OET)
- Test of English as a Foreign Language Internet Based Test (TOEFL)
- Pearson Test of English (PTE) Academic
- Cambridge English: Advanced (CAE) - also known as Certificate in Advanced English
Where can I find more information about migrating to Australia or studying in Australia?
Here are some links that can help: