Industry Updates

From November 2019, a person who holds certain types of visas (or whose last substantive visa held was of one of those types) will only be able to make a valid subclass 820 application if, before making that application, they have either held those types of visas for at least 3 years or obtain another substantive visa.

Common mistake: "My DIY client's onshore substantive visa application was refused, after which they missed the AAT deadline, overstayed their BVA and have become unlawful. As that client wants to remain in Australia, I will make an AAT application on their behalf arguing that such an application is not late, based on DFQ17. That will then enable a BVE application on the basis of the pending AAT application". That is incorrect.

One of the requirements for the grant of a prospective marriage visa (subclass 300) is that the applicant still intends to marry the Australian/PR/NZ citizen at the time of decision. But if they marry before the visa is granted, is that visa automatically "converted" into a partner visa application?

Common mistake: "a no further stay condition must be waived for most visa applications and can only be waived if compelling or compassionate circumstances have developed". Actually: a waiver is not always required; in cases where it is required, compelling or compassionate circumstances are sometimes unnecessary; a waiver is even given by default by ImmiAccount in many cases where compelling or compassionate circumstances are unnecessary.

Common mistake: It is commonly said that a BVA can only be granted if a person makes a substantive visa application while that person is onshore, but a closer look at the relevant legislative provisions reveals otherwise.

Common mistake: "If incorrect information is provided as part of visa application X and that visa is granted, visa X can be cancelled under s 109 of the Migration Act 1958, but if the same applicant applies for visa Y without providing incorrect information and that visa is granted, visa Y cannot be cancelled under s 109".

Obviously, "time of application" (TOA) provisions set out the criteria applicants must meet with reference to the time of application. However, can TOA provisions change after an application is made in a way that impacts the applicant's eligibility? Readers might be surprised with the answer.

The 190-page "Callinan Report" on the review of the AAT could bring about profound changes to clients' eligibility for bridging visas and the way we run Tribunal matters. This article summarises the recommendations and observations that will be of most interest to practitioners.

South Australia: 'The General Skilled Migration (GSM) state nomination 190/489 application system will re-open from midday (12pm) on Wednesday 3 July'

The government of South Australia has updated the skilled nomination requirements and the international graduate of South Australia requirements and waivers