FAQ

Why do I need to use a registered migration agent?

There are various reasons as to why using a registered migration agent is a wise choice.

In the complex world of visa applications, visas can be actually more complicated than they appear, so you can take the confusion out of your migration journey to Australia by using a registered migration agent in the first place.

In Australia, migration agents must be registered with the Office of the Migration Agents Registration Authority (MARA). In Australia it is illegal, apart from a few exemptions, to give migration advice unless registered.
A good migration agent can:

  • Assess your situation comprehensively
  • Choose the right visa category/stream
  • Advise you of the necessary timing of application and documents
  • Keep you updated with any upcoming migration rules that may affect your visa planning
  • Communicate with the Department of Home Affairs on behalf of you
  • Advise you of any back-up plans

The team of Infinite Migration Australia has many years of experience and are committed to assisting you to achieve your migration goals.
Contact Infinite Migration Australia today to book a consultation with one of our migration agents and immigration lawyers.

What is the difference between a lawyer and a migration agent?

The main difference between an RMA (‘Registered Migration Agent’), and an
immigration lawyer who is also an RMA, is the level of qualification and study undertaken and more rigorous professional standards as an immigration lawyer.
An immigration lawyer holds a law degree as well as registration as an RMA, while an RMA does not have a law degree. This means that an immigration lawyer has broader training and experience in dealing with the interpretation of law and cases, and will be able to provide a more in-depth legal advice that an RMA can’t.
The standard set for immigration lawyers in Australia is very high and they must adhere to the ethical and professional standards as regulated by the Legal Profession Act on top of the provisions set out in OMARA’s Code of Conduct.
As officers of the Court, lawyers can represent Hearings before the Federal Courts of Australia.
Whilst immigration is a substantial life-changing commitment for your time, expense and effort, clients should always be reminded of checking the experience and level of qualification of the consultant they intend to hire, whether they have such similar experience to your migration situation.

How much do I have to pay?

First, it is wise to understand that there are different types of fees in relation to visa planning in Australia.
There are Department visa application fees, professional fees (agent service fees) and also other authorities may charge a fee to handle your application such as a skills assessment authority or a tribunal for assessment and lodgement of your case.
The Department visa application fees and other authorities’ fees will always likely be a fixed fee.
In terms of professional fees (your agent service fees), you need to be reminded that there are no set fees for using a registered migration agent or an immigration lawyer as long as the fees that are fair and reasonable for your situation.
It can vary and depend on factors such as

  • your visa application type,
  • the amount of time it will take to prepare your application,
  • the level of service you need,
  • if you need extra help or have complex circumstances, and
  • the experience and qualifications of your agent/lawyer.

At Infinite Migration Australia, we provide free 30 minutes initial phone consultation to speak with you to understand your case and can advise you exactly what kinds of fees will apply to you and how much you will be charged to handle your unique migration matter.

What are the Department fees?

There are various types of Australian visas and the fees vary according to a specific visa you apply for. There might be also other fees like Subsequent Temporary Charges and/or employment sponsorship/nomination related charges.
We can speak with you and determine exactly what the Department fees will be in your case.

Where can I get my health examination done?

For onshore applications, you can get your health examination through Bupa Visa Medical Services.
For offshore application, the Department has a list of countries and places where you can get your health examination done in overseas countries.
We can advise you exactly where and when to do it depending on your location.
If you have an ongoing file with us, please only make arrangements to complete your health examination when we advise you to do so.

When should I lodge my application?

Time is of the essence in Migration Law.
Depending on your unique situation and visa that you apply for, you need to be absolutely aware of the critical time and location as to when and where you should make an application for visa.
Contact Infinite Migration Australia today to discuss your case.

Who will be lodging my application?

A registered migration agent who is registered with the Office of the Migration Agents Registration Authority (Office of the MARA) will review and lodge your application.

Which visa should I apply for?

There are five visa categories:

  1. Visitor visas
  2. Studying and training visas
  3. Family and partner visas
  4. Working and skilled visas
  5. Refugee and humanitarian visas

Within the groups, there are over 75 types of visas in total.

Choosing a visa type that is appropriate for your circumstances is essential to a positive visa decision. We understand how difficult it is to choose from the huge amount of visa options as you would need to consider visa requirements, visa goals, fees and eligibility. Let us help you determine the best pathway for you during our complimentary 30 minute consultation with one of our knowledgeable Migration lawyers.

Could I work on my visa?

It is important to know whether you have work rights as breaching your visa
conditions can lead to the cancelation of our visa. You will need to look at your
individual conditions (what you can and can’t do) on your visa.
There are a number of visa’s that could allow you to work however some have
restrictions. Examples are:

  • If you are on a tourist visa you usually cannot work
  • If you are on a student visa you are usually restricted to working for 20 hours

Please contact the Infinite Migration team if you are unsure of your work rights as
it may differ depending on your circumstances.

What are the conditions attached to my visa?

Visa Entitlement Verification Online (VEVO) allows visa holders, employers, education providers and other organisations to check visa details and conditions. VEVO tells you:

  • which visa
  • the expiry date
  • the must not arrive after date
  • the period of stay (how long you can stay)
  • conditions (what you can and can’t do).

You can find VEVO on the Australian Government Department of Home Affairs website. You will need your passport details and visa number to complete the search. Please contact the Infinite Migration team to help you retrieve your visa conditions.

How long would it take for my application to be processed?

Global visa processing times will be updated monthly on the Department of Home Affairs website, providing you with an indicative timeframe for processing applications.

Application processing can range from a week to years depending on the visa type and how complete your application is when submitted. We can assist you in determining the processing estimate for your application type .

Do I have review rights?

Merits review is an administrative reconsideration of a case. Some visa types allow for a review; this is usually indicated within a refusal letter issued by the Department Of Home Affairs. A review can get very complicated and usually has a time limit for the lodgement. It is strongly recommended that you swiftly contact the Infinite Migration Australia team so that we may determine whether you have review rights and whether it is to your benefit to apply.

What is a bridging visa?

A bridging visa is a temporary visa that might be granted you in certain circumstances. Bridging visas let you stay in Australia lawfully while your immigration status is resolved. An Australian Bridging Visa can be used for different purposes, but it is best known for allowing you to “bridge” the gap between a former visa and the visa that you are applying for. The type of bridging visa that the Department of Home Affairs grants depends on your circumstances.

A bridging visa may be granted in some of the following circumstances:

  • if you are currently waiting for a decision on your application while in Australia
  • if you are waiting for a result on a merit review application
  • if you have requested Ministerial Intervention, or
  • if you have overstayed or had had your visa cancelled but are arranging to depart Australia voluntarily.

Can I get a bridging visa B?

A Bridging visa B (BVB) will let you leave and re-enter Australia while you wait for a decision.

You might be eligible for a BVB if:

  • you hold a BVA or BVB
  • you are awaiting a decision on an application that is not yet finally determined or is at judicial/merit review
  • you have a good reason for leaving and returning to Australia while you wait for the outcome of your visa application

We are able to assist you in determining whether you are eligible for a BVB. Our team is also experienced in requesting an expedited BVB should your overseas travel be urgent.

For non-urgent applications kindly let our team know at least 10 days before your intended travel date and we would be happy to lodge this on your behalf.

Why should I lodge my application onshore?

There are some great benefits to lodging your application onshore. One is that an onshore application may allow you to be granted a bridging visa. The bridging visa would generally give you permission to remain in Australia during the sometimes long processing period. Onshore applications may also benefit from waiting for a review decision onshore should your visa application be refused.

Contact the Infinite Migration team to determine whether an onshore visa application is best for your circumstances.

COVID-19 Coronavirus FAQ

How will those with cancelled temporary visas have these reinstated?

Persons are being notified in writing of their visa cancellation and provided with advice on how to seek revocation of the visa cancellation decision. Visas will be reinstated for people who can demonstrate they have been outside of mainland China for a minimum period of 14 days or if they fall within one of the existing exemption categories. Remaining revocation requests will be prioritised for consideration by the Department after the temporary travel restrictions have been lifted.

What evidence of the relationship be required to be provided for entry to Australia of de facto partners?

If a de facto relationship has not been previously declared and evidenced to the Department, documents can be submitted to the Department.

Would consideration be given to issuing BVB holders adversely affected by the travel ban with very short stay visitor visas so they can get back onto their BVAs quickly?

If a BVB expires before the holder can return to Australia, they will need to apply for another visa (such as a short stay Visitor visa) once the travel restrictions have been lifted. Decisions on Visitor visa applications will be made on a case by case basis. Once onshore, the person will need to apply for a BVA to remain lawful after the Visitor visa expires.

Will BVB holders’ whose visas expire while overseas because of the ban be able to apply offshore for a further BVB?

No. There is no ability to “extend” a BVB travel period after grant. Non-citizens will need to apply for a further visa to return to Australia.

What arrangements have been put in place to allow BVB holders offshore to extend the validity of the BVB while they are prevented from returning to Australia?

There is no ability to “extend” a BVB travel period after grant. Non-citizens will need to apply for a further visa to return to Australia.

Will concessions be available for students who have been unable to return to Australia due to the travel ban and have undertaken online courses during this period to ensure the continuity of their academic progress during the travel ban?

The Department of Home Affairs plays no role in authorising the modes of study for international students and is guided by education sector regulators, the Tertiary Education Quality and Standards Agency (TEQSA) and the Australian Skills Quality Authority (ASQA), on whether students can count online learning towards completion of their course.

Will the 12 months living in Australia immediately prior to citizenship applications be enforced for those who have been prevented from returning to Australia due to the travel ban?

The general residence requirement requires applicants to have been lawfully present in Australia for a period of four years, including at least 12 months as a permanent resident, immediately prior to making an application. Applicants may be absent from Australia for no more than 12 months in total during the four-year period, including no more than 90 days in the 12 months immediately prior to lodging an application. There is no legislative authority under the Act for either the Minister or a delegated decision maker to waive any of the legal requirements for conferral of Australian citizenship.

Will international student graduates be provided with an extended application period where they have not been able to return onshore to lodge their Subclass 485 applications?

The Migration Regulations allow international students to apply for a Temporary Graduate Visa up to six months after the expiry of their student visa. This means that most students who completed higher education studies in Semester 2 of 2019 will have until September 2020 to apply for a Temporary Graduate Visa.

Has the Department devoted extra resources to processing urgent waiver requests?

Yes.

Will any concessions be available for visa holders unable to comply with their current visa conditions?

The department is taking a flexible approach to visa holders in these circumstances, including in the following situations:

  • Requests for waiver of the ‘No Further Stay’ condition
  • Timeframes in relation to health, character and English language requirements for applicants.

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