Frequently Asked Questions About Australian Visas
Understanding Australian visa processes can often be complex and filled with numerous queries. Our Frequently Asked Questions page is designed to address your most pressing concerns about Australian visas, ranging from application procedures to specific eligibility requirements. Here, we provide clear, concise answers to common questions, offering valuable insights that can guide you through the various aspects of Australian visa applications. Whether you are applying for the first time or seeking clarification on certain aspects, this resource is here to assist you in navigating the visa process with greater ease and understanding.
Frequently Asked Questions
About Partner Visas
What are Australia’s Partner Visas? “Australia’s Partner Visas are designed for individuals who are married, engaged, or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, providing a pathway to live together in Australia.”
How long does the Partner Visa application process take? “Processing times vary based on the visa subclass and individual circumstances. For an indication of processing times it is recommended to visit The Department of Home Affairs visa processing time guide tool. “
Can I include my children in my Partner Visa application? “Yes, dependent children can be included in your application.”
What evidence is required to prove a genuine and ongoing relationship? Evidence can include joint financial records, cohabitation proof, shared responsibilities, and many other sources of evidence. Speak to our Specialist for advice on this critical component of the Partner Visa application.
What happens if my relationship status changes during the application process? “Changes in relationship status can affect your application. It’s important to inform the Department of Home Affairs immediately about any changes. Specific outcomes depend on the nature of the change and the visa subclass.”
Can I work in Australia while my Partner Visa application is being processed? “Yes, applicants who apply for an Onshore Partner Visa (Subclass 820/801) usually receive a Bridging Visa that allows them to work in Australia while their application is being processed.”
How long do I need to be in a relationship to apply for a Partner Visa? “For a de facto relationship, you generally need to demonstrate a 12-month commitment before applying. However, there are exceptions, such as having registered your relationship with an Australian state or territory.”
What are the financial requirements for a Partner Visa? “While there’s no strict financial requirement, you must demonstrate that you and your partner can support yourselves and any dependents without relying on government assistance.”
Is a medical examination required for the Partner Visa? “Yes, a medical examination is typically required for those applying for a Partner Visa. This is to ensure you meet the health requirements set by the Australian government.”
Can I work in Australia while my Partner Visa application is being processed? “If you are on a bridging visa awaiting the decision of your Partner Visa application, you are typically allowed to work in Australia. This can vary based on the conditions of your specific bridging visa.”
What if my partner and I have lived in different countries for part of our relationship? “Long-distance periods can be included in your relationship timeline, but you’ll need to demonstrate how you maintained your relationship during these times, such as through regular communication and visits.”
Frequently Asked Questions
About Parent Visas
What is the balance of family test? “This test requires that at least half of your children live permanently in Australia, or more of your children live in Australia than in any other country.”
How long does the processing of Parent Visas take? “Processing times vary. Standard Parent Visas generally have longer processing times, while Contributory Parent Visas are processed faster due to higher fees.”
Can I stay in Australia while my Parent Visa application is being processed? “This depends on the visa subclass and your current visa status. It’s advisable to consult with an immigration expert for specific advice.”
What are the main differences between standard and Contributory Parent Visas? “Contributory Parent Visas have higher application fees and faster processing times compared to standard Parent Visas.”
Is there a pathway to permanent residency with a Parent Visa? “Yes, both standard and Contributory Parent Visas offer permanent residency pathways for parents of Australian citizens or permanent residents.”
Is private health insurance required for Parent Visa applicants? “Private health insurance is not a mandatory requirement for Parent Visa applicants. However, it is highly recommended to have health insurance to cover any healthcare needs, as Medicare eligibility may vary depending on the visa subclass.”
Can I include my dependents in my Parent Visa application? “Yes, dependents can be included in a Parent Visa application. This typically includes your partner and other dependent family members, subject to meeting specific eligibility criteria.”
What financial obligations are involved in sponsoring a parent for a visa? “The sponsor is expected to provide financial support to the parent for at least two years. This includes accommodation and living expenses. In some cases, an Assurance of Support may be required, which involves a legal commitment to support the parent financially.”
What happens if a Parent Visa application is refused? Are there appeal options? “If a Parent Visa application is refused, the applicant may have the option to appeal the decision through the Administrative Appeals Tribunal (AAT), depending on the grounds of refusal. Legal advice is recommended in such cases.”
Can parents on a temporary visa apply for permanent residency through the Parent Visa program? “Parents on certain temporary visas may be eligible to apply for permanent residency through the Parent Visa program, depending on their current visa conditions and eligibility for a permanent Parent Visa subclass.”
Frequently Asked Questions
About Child Visas
What are the requirements for a Child Visa in Australia? “The child must be a dependent of an Australian citizen, permanent resident, or eligible New Zealand citizen, meet health and character requirements, and be sponsored by an eligible parent or their partner.”
How long does it take to process a Child Visa application? “Processing times vary, but typically range from 12-24 months. It depends on the visa subclass and current processing times of the Department of Home Affairs.”
Can my child study and work in Australia on a Child Visa? “Yes, children on a Child Visa are allowed to study and work in Australia.”
Is there an age limit for children applying for a Child Visa? “Children should be under 25 years of age. However, special conditions apply for those aged 18-25, who must be full-time students and dependent on their sponsoring parent.”
Can a Child Visa lead to Australian citizenship? “Yes, children holding a permanent Child Visa may be eligible to apply for Australian citizenship if they meet the residency and other requirements.”
Does the Child Visa require an Assurance of Support? “An Assurance of Support might be required, depending on the visa subclass. It’s a promise to support the child financially in Australia.”
What is the ‘Balance of Family’ test for a Child Visa? “The Balance of Family test is not typically applicable to Child Visas. It is more relevant for Parent Visas.”
Can a child with a disability apply for a Child Visa? “Yes, children with disabilities can apply, provided they meet specific requirements and are dependent on the sponsoring parent.”
Are there any special conditions for adopted children under the Child Visa? “Adopted children can apply, but they must have been adopted before the parent became an Australian citizen or permanent resident.”
Can my child’s application include their dependents? “Yes, the child’s own dependent children can be included in their visa application, subject to meeting eligibility criteria.”
Frequently Asked Questions
About Student Visas
What is a Student Visa? “A Student Visa is a permit allowing individuals to undertake education in Australia, covering various study and training programs.”
Who can apply for a Student Visa? “International students who wish to pursue academic courses, professional training, or guardian support in Australia can apply.”
Can I work on a Student Visa? “Yes, you can work up to 48 hours per fortnight during session on a Student Visa, with specific conditions for different visa subclasses.”
What are the financial requirements for a Student Visa? “Applicants must demonstrate sufficient funds to cover tuition, living expenses, and travel.”
Can I bring my family on a Student Visa? “Some student visas allow you to bring family members as dependents. Conditions vary based on the visa subclass.”
How long can I stay in Australia on a Student Visa? “The duration varies, generally up to 5 years based on your enrolment, with specific conditions for each subclass.”
Can I switch courses or institutions on a Student Visa? “Yes, but you must comply with visa conditions and inform immigration authorities of any changes.”
Can I apply for permanent residency after studying in Australia? “While a student visa is temporary, it can be a pathway to permanent residency through other visa categories upon eligibility.”
Are there any health requirements for a Student Visa? “Yes, you may need to undergo health examinations and have adequate health insurance coverage.”
How long does it take to process a Student Visa application? “Processing times vary, but it generally takes about 4-6 months. It’s advisable to apply well in advance of your intended course start date.”
Can I take short courses on a Student Visa? “Yes, you’re allowed to undertake supplementary courses as long as your main course of study remains the primary focus and you maintain full-time enrolment in it.”
Can I extend my Student Visa in Australia? “Yes, you can apply for an extension if you need more time to complete your course, subject to meeting visa requirements.”
Frequently Asked Questions
About Visitor Visas
How long does the Visitor Visa application process take? Processing times vary based on the visa subclass and individual circumstances. For an indication of processing times it is recommended to visit The Department of Home Affairs visa processing time guide tool.
What are the main differences between the Visitor Visa (Subclass 600) and the Electronic Travel Authority (Subclass 601)? “The Visitor Visa (Subclass 600) allows for a longer stay and is more versatile, while the Electronic Travel Authority (Subclass 601) is ideal for multiple short-term visits over a year.”
Can I work in Australia on an eVisitor (Subclass 651) visa? “No, the eVisitor (Subclass 651) visa is primarily for tourism and certain business activities, not for employment.”
How long can I stay in Australia with a Working Holiday Visa (Subclass 417)? “You can stay up to 12 months in Australia on a Working Holiday Visa (Subclass 417).”
Are there age restrictions for the Work and Holiday Visa (Subclass 462)? “Yes, the Work and Holiday Visa (Subclass 462) is for young adults aged 18 to 30, or up to 35 for some countries.”
Can I study in Australia on a Visitor Visa (Subclass 600)? “Yes, you can undertake short-term study on a Visitor Visa (Subclass 600), but it cannot be the main purpose of the visit.”
What activities are permitted under the Transit Visa (Subclass 771)? “The Transit Visa (Subclass 771) is for transiting through Australia or joining a ship as a crew member only.”
How many times can I enter Australia with an Electronic Travel Authority (Subclass 601)? “You can enter Australia multiple times within a 12-month period with an Electronic Travel Authority (Subclass 601).”
Is health insurance required for visitor visa holders in Australia? “While not mandatory, it’s highly recommended for visitor visa holders to have health insurance during their stay in Australia.”
Can I extend my Visitor Visa while in Australia? “In most cases, you can apply for an extension, but it depends on your current visa’s conditions and the purpose of the extension.”
Can I extend my stay on an eVisitor (Subclass 651) visa? “Generally, extensions are not possible on an eVisitor (Subclass 651) visa. You may need to apply for a different visa type. Discuss this with our Visa Specialist“
What financial requirements must I meet for a Visitor Visa? “You need to demonstrate sufficient funds to support yourself during your stay in Australia, including accommodation, living expenses, and return travel.”
Frequently Asked Questions About
Aged Dependent and Carer Visas
What are the key differences between the Aged Dependent Relative Visa Subclass 114 and 838? “Subclass 114 is for applicants outside Australia, while Subclass 838 requires applicants to be in Australia during the application process.”
Can holders of the Carer Visa (Subclass 116 & 836) work and study in Australia? “Yes, holders of both Carer Visa subclasses can work and study in Australia.”
How can family members sponsor someone for a Carer or Remaining Relative Visa? “Family members can sponsor by meeting specific criteria, including being an Australian citizen, permanent resident, or eligible New Zealand citizen.”
Are there any recent changes affecting New Zealand citizens with regards to these visas? “From 1 July 2023, there are changes to Australian citizenship eligibility for New Zealand citizens holding a Special Category visa (subclass 444).”
How long can I stay in Australia with a Carer Visa? “The Carer Visa grants permanent residency in Australia.”
Is it possible to switch from one family visa subclass to another while in Australia? “Switching between visa subclasses depends on specific circumstances and visa conditions. Consult with our Visa Specialist for expert advice.”
Can I enroll in Medicare under the Remaining Relative Visa? “Yes, holders of the Remaining Relative Visa can enroll in Medicare.”
What is the processing time for these family and care visas? “These vary from one application to another. For an indication of processing times it is recommended to visit The Department of Home Affairs visa processing time guide tool.”
What are the conditions for maintaining permanent residency status under these visas? “Maintaining permanent residency typically involves residing in Australia for a certain period and adhering to visa conditions and Australian laws.”
Can visa holders of these subclasses apply for Australian citizenship? “Yes, visa holders may apply for Australian citizenship if they meet the eligibility criteria.”
Frequently Asked Questions
About Appealing Visa Refusals
What should I do immediately after receiving a visa refusal notice? “Time is crucial. Contact us immediately for guidance on the next steps, as you typically have only 21 days from the date of refusal to lodge an appeal.”
What are the chances of success in a visa appeal? “Success in a visa appeal depends on several factors, including the reasons for refusal and the strength of your new evidence. We assess each case individually to give you a realistic appraisal of your chances.”
Can I stay in Australia while my appeal is being processed? “In many cases, you can remain in Australia if you appeal within the stipulated timeframe. We’ll evaluate your specific situation to provide detailed advice.”
How long does the appeal process take? “The duration varies based on the complexity of your case and the AAT’s caseload. We ensure that everything is submitted promptly to avoid unnecessary delays.”
Are legal representatives necessary for an AAT appeal? “While not mandatory, having a legal representative can be beneficial. Our Specialist provides expert guidance on the appeal process, representing you at hearings, and preparing required submissions.”
Why should I choose Immigration Advocacy Australia for my visa appeal? “Our expertise in immigration law and success in visa appeals sets us apart. We offer personalised support, ensuring the highest standards of representation.”
What is the role of the Administrative Appeals Tribunal (AAT) in visa appeals? “The AAT independently reviews visa refusal or cancellation decisions made by the Department of Home Affairs. They reassess cases based on merit and can overturn or affirm the original decision.”
Can new evidence be submitted during the appeal process? “Yes, you can submit new or additional evidence to support your case during the AAT appeal process.”
Is it possible to expedite the AAT appeal process “Generally, the AAT appeal process follows a set timeline, and expedited reviews are rare. They are reserved for extremely urgent or exceptional circumstances.”
What are the financial implications of lodging an appeal? “Lodging an appeal involves certain costs, including the AAT application fee and potential legal fees if you choose to have representation.”
What alternatives are available after exhausting all appeal options? “If all appeal options are exhausted, other pathways such as applying for a different visa category or seeking a waiver, if applicable, might be considered.”
Frequently Asked Questions
About Skilled Migration Visas
What is a Skilled Migration Visa? “Skilled Migration Visas are Australian visas for skilled workers and their families to live, work, and settle in Australia.”
Who can apply for a Skilled Migration Visa? “These visas are for skilled workers, those sponsored by employers, and family members of current visa holders.”
Can I travel outside Australia on a Skilled Migration Visa? “Yes, most skilled migration visas allow you to travel to and from Australia while the visa is valid.”
How long does it take to process a Skilled Migration Visa application? “Processing times vary. Check the visa processing time guide tool on the Department of Home Affairs website.”
Can I apply for Australian citizenship with a Skilled Migration Visa? “Certain visas, like the Subclass 186 and 887, allow eligible holders to apply for Australian citizenship.”
Can I switch employers while on a Skilled Migration Visa? “Generally, Skilled Migration Visas are tied to the sponsoring employer. However, there may be circumstances under certain visas where you can change employers. It’s crucial to check the specific conditions of your visa and consult with our Specialist.”
What happens if my Skilled Migration Visa application is refused? “If your visa application is refused, you will be notified of the reason for refusal. You may have options to appeal the decision or apply for a different visa. It’s advisable to seek guidance from a migration expert for your next steps.”
Are family members allowed to join me in Australia on a Skilled Migration Visa? “Many Skilled Migration Visas allow you to include family members in your application or sponsor them to join you in Australia later. Each visa has specific rules regarding family inclusion, so it’s important to review these.”
Is health insurance required for Skilled Migration Visa holders? “Skilled Migration Visa holders are often required to maintain adequate health insurance for the duration of their stay in Australia. This requirement can vary depending on the visa subclass and individual circumstances.”
What is the English language requirement for Skilled Migration Visas? “Most Skilled Migration Visas require you to demonstrate a certain level of English language proficiency. The required level can vary between visa subclasses, and some exemptions may apply based on your circumstances.”
Frequently Asked Questions
About Temporary Work Visas
What are Temporary Work Visas in Australia? “Temporary Work Visas allow individuals to engage in short-term employment, participate in special events, or join family members working in Australia.”
Who can apply for a Temporary Work Visa? “These visas cater to skilled professionals, participants in government-endorsed events, and family members of current visa holders.”
How long can I stay in Australia on a Temporary Work Visa? “Stay periods vary by visa type, ranging from a few months to several years, depending on the specific subclass and your circumstances.”
Can I include family members in my Temporary Work Visa application? “Some Temporary Work Visas allow for family inclusion. Check the specific eligibility criteria for your chosen visa subclass.”
Are there any language requirements for Temporary Work Visas? “Language requirements depend on the visa subclass. Some visas require proof of English proficiency.”
Can I switch from a Temporary Work Visa to a different type of Australian visa? “In some cases, you may be eligible to transition from a Temporary Work Visa to another type of Australian visa, such as a student or skilled migration visa. This depends on your circumstances, the conditions of your current visa, and meeting the requirements of the new visa category.”
What types of activities can I undertake on a Temporary Work Visa? “The activities allowed on a Temporary Work Visa vary based on the specific subclass. Generally, these visas permit work-related activities that align with the visa’s conditions. Some visas may allow study or participation in specific events. Always ensure your activities comply with the conditions of your specific visa subclass.”
Can I transition from a Temporary Work Visa to permanent residency? “Certain visas offer pathways to permanent residency. Eligibility depends on meeting specific criteria.”
Do I need a sponsor for a Temporary Work Visa? “Many Temporary Work Visas require sponsorship by an Australian employer or government agency.”
How long does it take to process a Temporary Work Visa application? “Processing times vary. Check the Department of Home Affairs website for current processing times for each visa subclass.”
Frequently Asked Questions About
Business Innovation and Investment Visas
What are Business Innovation and Investment Visas? “These visas cater to business owners, investors, and entrepreneurs looking to establish or continue their business and investment activities in Australia.”
Can I bring my family on a Business Innovation and Investment Visa? “Most of these visas allow you to include your family members in your application or sponsor them to join you in Australia later.”
Is it possible to transition from a provisional to a permanent Business Innovation and Investment Visa? “Yes, provisional visa holders can often transition to a permanent visa, such as the subclass 888, subject to meeting specific criteria.”
What kind of business activities are eligible for these visas? “Eligible activities vary by visa subclass but generally include operating a new or existing business, making a significant investment, or engaging in entrepreneurial activities.”
Do I need state or territory sponsorship for any of these visas? “Certain visas, like the subclass 892 and 893, require nomination by an Australian state or territory.”
How long does it take to process a Business Innovation and Investment Visa application? “Processing times vary. Check the Department of Home Affairs website for current processing times for each visa subclass.”
How long can I operate my business in Australia on a provisional Business Innovation visa? “With a provisional Business Innovation visa, such as the subclass 188, you can operate your business in Australia for up to 5 years. This period can provide a pathway to permanent residency under the subclass 888 visa, subject to meeting certain criteria.”
Are there any specific turnover requirements for the Business Innovation stream? “Yes, the Business Innovation stream usually has specific turnover requirements. These requirements depend on the visa subclass and the nature of your business. You’ll need to provide proof of your business’s success, including annual turnover.”
What is the points test for Business Innovation and Investment Visas? “The points test for some Business Innovation and Investment Visas, like the subclass 188, evaluates factors such as age, English proficiency, business experience, and investment funds. Applicants need to score a minimum number of points to be eligible.”
Can I own multiple businesses on a Business Owner visa (subclass 890)? “Yes, on a Business Owner visa (subclass 890), you can own and manage multiple businesses in Australia. However, you must meet the visa’s eligibility criteria, including business performance requirements and residency stipulations.”
Frequently Asked Questions
About Australian Citizenship
What are the main requirements for Australian Citizenship by Conferral? “To qualify for Citizenship by Conferral, you generally need to be a permanent resident, meet residency requirements, have good character, and pass the citizenship test.”
Can New Zealand citizens apply for Australian Citizenship? “Yes, New Zealand citizens, especially those holding a Special Category Visa (subclass 444), are eligible to apply for Australian citizenship, with recent changes making the process more accessible.”
Is it possible to hold dual citizenship as an Australian? “Yes, Australia allows dual citizenship. You can be a citizen of another country as well, provided that country also permits dual citizenship.”
How do children born overseas to Australian parents acquire citizenship? “Children born overseas to Australian parents can acquire citizenship by descent. Parents need to register their child’s birth with Australian authorities.”
What is the Citizenship by Descent application process? “For Citizenship by Descent, you must provide evidence that one parent was an Australian citizen at the time of your birth and submit an application.”
Do I need to pass an English test for Australian Citizenship? “An English test isn’t required for Australian citizenship, but proficiency in English is beneficial for integration and understanding the citizenship test.”
What is the Australian Citizenship Pledge? “The Citizenship Pledge is a commitment you make during the citizenship ceremony, pledging loyalty to Australia, its people, and to uphold Australian laws and values.”
Can I apply for Australian Citizenship if I was born in Australia to non-Australian parents? “If you were born in Australia to non-Australian parents, you might be eligible for citizenship, particularly if you are a permanent resident or if you are stateless.”
What are the privileges of being an Australian citizen? “As an Australian citizen, you can vote, work in public service, travel freely with an Australian passport, and seek consular assistance overseas, among other privileges.”
Is there a special citizenship pathway for refugees and humanitarian entrants? “Yes, refugees and humanitarian entrants have specific pathways to Australian citizenship, considering their unique situations and backgrounds.”
How long does the Citizenship application process take? Processing times vary based on individual circumstances. For an indication of processing times it is recommended to visit The Department of Home Affairs citizenship processing times.
Navigating the Visa Journey with Confidence
We hope these FAQs have provided valuable insights into the Australian visa process, clarifying many of your queries. Remember, each visa situation is unique, and it’s essential to consider your specific circumstances. Immigration Advocacy Australia is dedicated to assisting you through the complexities of visa applications, ensuring a smooth and informed journey.
Need Personalised Assistance? Don’t let unanswered questions hold you back. If you require further clarification or personalized guidance, our Australian Visa Specialist is here to help. Reach out to us for tailored advice and support in your visa journey. Together, we’ll work towards making your Australian dream a reality.
Contact Us Today Ready to take the next step or have more questions? Contact Immigration Advocacy Australia for expert assistance and detailed consultation. Let’s navigate the path to your visa success together.