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The meaning of “good character” in your visa application

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To be granted temporary or permanent entry to Australia, whether you are the main applicant or an additional applicant on a visa application, you will need to pass the character test set out in the Migration Act 1958 (Cth). The character requirement forms part of the Public Interest Criterion (PIC) conditions which must be fulfilled prior to being granted entry. All visa applicants must demonstrate that they are of good character. The need for good character reflects ongoing national security concerns and aims to protect all citizens and residents of Australia. Applicants who fail the character test may have their visa refused...

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Innovation and Investment visas – Business

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The Business Innovation and Investment (Provisional) visa (subclass 188) forms part of the Business Innovation and Investment Program, introduced to attract entrepreneurs and investors to Australia. If you have business skills, sufficient assets, and wish to establish and operate a business in Australia, or are willing to invest in complying investments, you may be eligible for the grant of a visa. This may allow you to live in Australia for up to four years. Additionally, extensions and permanent residency may also be available in some circumstances. The Business Innovation and Investment subclass visa has five streams. However, unlike many other visas allowing...

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What happens if you commit a crime whilst on a visa?

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What Crimes will get you deported from Australia? Crimes that will get you deported from Australia: The Migration Act 1958 (Cth) (the ‘Act’) sanctions the removal of unlawful non-citizens who enter Australia. An unlawful, non-citizen, includes persons who commit a crime or: enters Australia by deception, misrepresentation or without a visa; breaches the conditions of their visa, for example, by overstaying their visit on a temporary visa or working without the appropriate visa type; and does not pass the ‘good character’ test. Persons must be of good character to enter and remain in Australia. Essential to the character test is a person’s past...

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Domestic Violence and Visas

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Partner Visa Domestic Violence Australia Explained Domestic violence is not acceptable or tolerated in Australia. If you are living in Australia on a visa and experiencing family and domestic violence you will likely be very concerned, not only about your wellbeing but the future of your residency here. If you are on a temporary partner visa or you married whilst on a prospective marriage visa and you or your dependents have experienced abuse, the family violence provisions provide that the grant of a permanent visa may still be considered, despite the breakdown of your relationship. In other words, you should not be prevented from...

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Immigration – update on Partner Visas

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Update on Partner Visas and Same-Sex Marriages The Migration Act 1958 (Cth) allows Australian citizens to bring eligible family members to live in Australia through the family migration stream. Eligible applicants include spouses, a fiancé, de facto partners, children, parents and sometimes other relatives. Previously, same-sex partners were generally required to apply under an interdependency visa which had stricter criteria than other partner visa or spousal visas. Australia’s new marriage laws provide that the right for couples to marry is no longer restricted by sex or gender. Same-sex marriages that have been solemnised and are valid in a foreign jurisdiction are now...

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On a Visa and Employed? Know your rights

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On a Visa and Employed? Know your rights Working in a foreign country can be a confusing obstacle course of unscrupulous bosses, unfamiliar law and no fall-back plan. If you are paying tax and earning your living working for Australian employers, your boss might be relying on the idea that you don’t know exactly what you are entitled to. You may be here as a skilled worker or as a backpacker looking for entry-level employment, but no matter your knowledge of your particular area of expertise, you are still in a country with unfamiliar laws. Any visa conditions placed on you aside, when you...

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Sponsorship by Australian Citizens

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Sponsorship by Australian Citizens The Migration Act 1958 (Cth) allows Australian citizens to bring eligible family members or partners to live in Australia, through the family migration stream. Eligible applicants include spouses, a fiancé, de facto partners (including same-sex partners), children, parents and, in some circumstances, other relatives. There is no automatic entitlement for Australian citizens to bring family members into Australia. Sponsorship is fundamental to the family migration stream. A sponsor must satisfy certain eligibility requirements according to the visa type, provide undertakings, and follow the prescribed approval process. Visa applicants and their family members must also meet specific criteria. This article...

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Why you should use an Immigration Lawyer

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Why you should use an Immigration Lawyer Applying for a visa can be a daunting and anxiety-provoking task. Though applying for some visas can be relatively straight forward, such as a holiday visa, other visa applications can be very complicated and require an in-depth knowledge of the specific country’s laws and visa processes. Obtaining professional immigration advice before applying for a visa helps to ensure the most appropriate pathway is chosen, and a decision-ready application is made. This may limit assessment and processing times; key factors that are sometimes the cause of unnecessary anxiety. Save time and money By working with an immigration lawyer,...

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The Northern Territory Has A New Migration Program!

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Skilled and Semi-Skilled Migrants For Labour Shortage. Designated Area Migration Agreement (DAMA) The Designated Area Migration Agreement (DAMA) was created by the Department of Home Affairs to facilitate a flexible approach to hiring migrants in industries experiencing skill and labour shortages. The DAMA program is currently only available in the Northern Territory. Under the DAMA program, employers can sponsor skilled and semi-skilled migrant workers where workers are unable to be sourced within the local market. This program acts as an agreement-based framework with certain employers who apply to sponsor a migrant under the DAMA program. The difference between the DAMA program and other employer-sponsored visa programs (such as the...

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Can you lose your Australian citizenship or can it be revoked?

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Australian citizenship gives people the right to remain in and return to Australian territory. It is possible to hold citizenship of two or more countries if the law of those countries so allows. This is known as dual (or multiple) citizenship. Many Australian citizens are not aware that they can lose their Australian citizenship. Can Australian Citizenship be Revoked? A person will lose Australian citizenship if it is revoked. The Minister may revoke Australian citizenship following certain convictions or actions, unless the person is an Australian citizen by birth, or the person is conferred citizenship and it would not go against the public...

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