Migration Law and Visas

Processing times vary significantly between visa subclasses and individual circumstances. Factors such as application volume, the quality of supporting evidence, health and character assessments, and requests for further information can affect processing times. While no lawyer can expedite every application, careful preparation may help avoid unnecessary delays.

Many visa subclasses allow eligible family members to be included as secondary applicants. Eligibility depends on the visa category and the relationship between the applicants. Obtaining advice early can help ensure family members are appropriately included and avoid complications later in the process.

A visa expiry can have significant consequences depending on your circumstances. In some situations, further visa options may still be available. In others, unlawful status may affect future migration opportunities. If your visa is approaching expiry, seek advice as soon as possible.

Many visa holders can apply for a further visa while in Australia. However, certain visas contain conditions that may restrict future applications. Understanding your current visa conditions is an important part of determining your available options.

Certain visa applicants must satisfy Australia’s health requirements. In some circumstances, a health waiver may be available where an applicant does not meet the standard health criteria. Whether a waiver is available depends on the visa subclass and the individual circumstances.

Yes. A criminal record can affect both visa applications and existing visas. The Department may consider the nature of the offence, the sentence imposed, the time that has passed since the conduct occurred, and any evidence of rehabilitation. Certain matters may also engage the character provisions of the Migration Act 1958. Every case is different, and the impact of a criminal record will depend on the specific circumstances.

Not every criminal charge will result in visa cancellation. However, criminal proceedings can affect visa status, future visa applications, character assessments and citizenship eligibility. It is important to obtain advice as early as possible if you hold a visa and are facing criminal allegations, as decisions made during criminal proceedings may have migration consequences.

Strict time limits often apply following a visa refusal or cancellation. Depending on the circumstances, review rights may be available through the Administrative Review Tribunal or the Federal Courts. Obtaining prompt advice is important, as a failure to act within the relevant timeframe can affect available options.

In many circumstances, applicants are required to provide information relating to criminal charges, even where proceedings have not yet concluded. Failure to disclose relevant information can create additional complications. Advice should be obtained if criminal proceedings are ongoing.

Citizenship eligibility depends on several factors, including your immigration status, period of residence in Australia, lawful presence requirements, character considerations and your individual circumstances. Eligibility requirements differ depending on whether you are applying by conferral, descent, adoption or through another pathway. An assessment can help determine whether you currently meet the requirements.

Businesses that sponsor overseas workers may have ongoing record-keeping, reporting and compliance obligations. Failure to comply can result in sanctions, sponsorship bars or other regulatory consequences.

Whether travel is possible will depend on your current visa status and the type of application that has been lodged. Travel without appropriate planning can affect certain applications, visa arrangements and may affect your ability to re-enter Australia. Advice should be obtained before making travel commitments.

Both migration lawyers and registered migration agents can provide immigration assistance. A migration lawyer is also an Australian legal practitioner and may be particularly valuable where a matter involves visa refusals, cancellations, section 501 issues, tribunal proceedings, judicial review or complex legal questions.